atwnt;f itdll Arrdarnarr Ancl f{qitEtt llqq{ Nicol-rar GazettesqinqEh enAIAI{Ot EX',lnA0nDlNAltl' rnllttr I rlrrq'r Pubtbhcd By AuthotifY rt .t, tf't No.33/97 PORT BLAI& IVIONDAY THE 3RD MARCH, 1997.
ANDAMAN & NTOCOBAR ADMINIS'IRATION' SECRETARIAT.
No.3Jl97. F.No.3'21l96-PR. PORT BLAIR THE 3RD MARCtt 1997' As required under rub-section I of section 202 of the Andaman and Nicobar lslan<js (Panchayatsl Reguihtion. 1994' (No I of 1994)' the Lieutenant Govemor (Adrninistrator), A A N lilands lrereby publish the Drafl "ANDAMAN AND NTCOBAR ISLANDS (pANCHAyAT ADMNISiRATION) RULES, lee7" for information of the general public.
Any objection or suggesrion received from the general public within 25 {ays fr-o1 the date of tilis pubtication in ttre official Gazette shall be considered before final publication of the said Rules. Such objectionJsuggestions may be addressed to the becretary(Panchayats), Andaman & Nicobar Administration, Port Blair' Ltopies ofthe said draft Rules will be available for inspection by the general public in the following Ofiices:-' I z.
4.
t.
'Ihe Directorate ofPanchayats, Porl Blair.
'the Assistant Secretary (Panchayats), Secretariat The Zilla Parishad Ollice. Port Blair' 'l he District Office, Port Blair.
The panchayat samiti ofiicers at Port Blair/Fenargunj/ Little Andaman/Rangat/ Campbetl Bay/Mayabunder and Diglipur.
I.P.GUPTA LTEU ENAN'T GOVERNOR By Order and in the name of tlre Lieutenant Govemor, Assistrnt Secrelnry(Panchayrls) Cfn:P&ARulec t1.4"\Tt (lll.Rajendian) PRICE RUPEES ONE AND TWENTY FIVE PAISE ONLY ANDAMAN AND NICOBAR ADMINISTRATION.
SDCRETARIAT.
Port Blair, Deted the 3rd March, 1997.
In exercise of the powers conferred by section ZOZ of the Andaman & Nicobar Islands(Panchayats) Regulation, 1994, the Lieutenant Governor (Administrator) is pleased hEreby to make, after previous publicatioq the following rules, namely,- THE A}IDAMAN & NICOBAR ISI,ANDS (PANCEAYATS ADMTMSTRATION) RULES, 1997.
l.Short title and Commencement:-
(i).-These rules may be called the Andaman & Nicobar Islands (panchavat Administration) Rules, I 997.
(ii) They shall come into force on the date of their publication in the Official Gazette.
2.Dcfi nitions and interpretation.- ( l) In these rules, unless the context otherwise requires,-
(a) 'Chairperson" means the head of a Panchayati Raj Institution @RI) namely, Pradhan, Sarpanc\ Pramuklq Adhyaksha or the head ofa Committee or subcommittee, as the case may be, ofthe said institutions.
(b)'Form" means a Form appended to thes€ rules and includes a translation thereof in Hindi;
(c) "Gram Sabha" means the Gram Sabha ofa Gram Panchayat;
(d)'?anchayat" means a Gram Panchayat, a Panchayat Samiti or a Zilla parishad as the case may b fi
(e) 'R.egulation" means the Andaman & Nicobar Islands (Panchayats) Regulation, ,|t t994
(f) "Section" means a section ofthe Regulation;
,i ll \
(g) "Secretary" means the Secretary of a Gram Panchayat and also include the Executive officer of a Panchavat Samiti and the Chief Executive Officer of a Zilla Parishad.
" (h) "Vice-chairperson" means the Up-Pradhan, Up-Pramukll Up-Adhyaksh and also includes the Up-Sarpanch ofa Gram Panchayat.
(i) Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Regulation.
(2) The General Clauses Act, 1897, shall apply for the interpretation ofthese rules as it applies for the interpretation of a Regulation of a Union Territory.
PART- II PANCHAYAT AI}MINISTRATION
CHAPTER - tt Lcave of Chairpenons, Vicc-chairpersons and other elected members.
3.Leave - A Panchayat, by 6 resolution at a meeting, may grant leave of absence to its Chairpersong Vice-chairpersons or any other elected member for a period not exceeding one month in a year reckoned according to the British Calendar. Sanction of such leave shall forthwith be reported to the Executive Officer of the Panchayat Samiti, the Chief Executive Officer and the Director ofPanchayat. During such leave the incumbent shall be entitled to honorarium at the rate at which he drew the same immediately before proceeding on leave.
Provided that the absence (other than the absence from the meetings of the Panchayat) of an incumbent for not more than five consecutive days from his duties without intimation shall not be construed to mean his absence without leave.
n,t t 4 CHAPTERIII Meetings of a Panchayet (Section 25,121end 160)
4.Preparation of list of business. -The list of business to be transacted at every meeting of a Panchayat, exaept at an adjourned meeting, shall be prepared by its Secretary, under instructions of the Chainnan or in his absence by the Vice-Chairman and shall be entered in the beok of agenda to be maintained for the purpose and countersigned by the Chairman or the Vice Chairman as the case may be.
S.Notice of meeting to member.s. - (1) At least seven days notice of the list of business to be transacted at every meeting, except an emergent or special meeting, of a Gram Sabha shall be sent to each member of the Panchayat, Panchayat Samiti Member, the Zilla Parishad Member and the Executive Officer of the Panchayat Samiti concerned in Form l.
An emergent or special meeting may be called after giving five days notice in Form 1, superscribing'EMERcENT" or "SPECIAL" MEETING, as the case may be. The place and time of the meeting shall be written in the notice.
(2\ Notice of list of business to be transacted at every meeting except an emergent or special meeting ofa Panchayat shall. be sent to each member of the Panchayat in Form lA. The period ofnostice shall be,-
(a) five days in respect ofGram Panchayat;
(b) seven days in respect ofa Block Panchayat; and
(c) fifteen days in respect of a Zilla Panchayat. An emergent or special meeting may be called after giving ,-
(a) tkee days notice in respect ofa Gram Panchayat;
(b) five days notice in respect ofa Block Panchayat; and
(c) seven days notice in respect of a Zilla Panchayat. The notice shall be in Form l-A. The place and time of the meeting shall be written in the notice.
(3) A copy of the budget ofa Panchayat along with the list of works proposed to be undertaken by the Gram Panchayat, Panchayat Samiti, Zilla Parishad and any other agency if required to be considered at a meeting ofthe Panchayat specially called for the purpose, shall be enclosed with the list ofbusiness for such meetins.
6.Scrvice ofnotice to members and its display. - (l)The notice of the list ofbusiness to be transacted at a meeting or an ernergent meeting of a Gram Sabha in Form I shall be sent by the Secretary ofthe Gram Panchayat to each member ofthe Panchayat and also to the Panchayat Samiti Member and the Zilla Parishad Member respresenting the Gram Panchayat in the same manner as prescribed in sub-rule (2)..The notice shall also be affixed in conspicuous places in all the villages under the jurisdiction of the Gram Panchayat and shall also be sent to the Executive Ofhcer of the concemed Panchayat I.
\l .J il' ri I I Samiti. Wide publicity shall be givei for the Gram Sabha meeting through bit notices, by beat of drum or by announcement through loudspeakers etc.as may be found suitable and convenient. The date and time of the meeting of the Gram Sabha shall be chosen preferably on a non-working day with the intension oflarger participation ofthe members.
(2) The notice ofthe list ofbusiness to be transacted at a meeting or an emergent meeting of a Panchayat in Form-lA shall be sent by the Secretary of the Panchayat to each member of the Panchayat by a messenger or by means ofa message through wireless or by other means. The me$senger of the Panchayat or of the agency through whom the message is sent shall deliver the notice to the member to whom it is addressed. In the absence of the member, the notice may be delivered to an adult member of his farnily residing with him. The messenger shall obtain the signature of the member or the adult member of his family residing with him, as the case may be, in the office copy of the notice as a token ofthe receipt thereof Ifthe member is absent and there is no other adult member of his family to whom the notice may be delivered, it shall be served by affixing on the outer door or some other conspicuous part of the house of the member in the presence of a witness. A note of such service shall be made in the office copy of the notlce.
(3) Every notice under rule 5 shall be displayed on the notice board ofthe Panchayat at least five days before the time fixed for a meeting except an emergent meeting. In the case of an emergent meeting, such notice shall be displayed three days before the time fixed for such meeting.
T.Presiding member to verify the service.return of the ofiice copy of the notice of lisl of business. - On the date of meeting the Chairpersoq the Vice-chairperson or the Presiding mernber, as the case may be, shal! verify the service return ofthe office copy of the notice and of the list of business and on being satisfied that the notice has been duly seryed on all the members, the business shall be taken up by him for discussion. If the notice is not served on any of the members, the meeting shall be adjoumed and shall be held on another date to be fixed by the Presiding member, and for such adjourned meeting a fresh notice of not exceeding three days shall be served on all the members in Form 3.
S.Attendance Registcr. - An attendance register in Form 2 shall be maintained by the Secretary ofthe Panchayat. The register shall be kept in the meeting place at the time fixed for each meeting. Every member shall sign his name in the register as soon as he enters the meeting place. Where a member is unable to sign his name, he shall put his thumb impression in the presence of the Pradhan, the Up-Pradhan or the Presiding member, who shall make the necessary attestation.
9.Quorum.- The following shall be tlre quorum required for meetings of Gram Sabha, Gram Panchayat, Panchayat Samiti, Zilla Parishad for the kinds of meetings in each Panchayat:- n ,
(1) Gram Sabhe.(a) For an ordinary meeting as well as a requisitioned meting under proviso to sub-section (l) of section 9, one-tenth of the total number of members of the Gram Sabha.
O) For a special meeting under sub-section (4) of section 21, a quorum of not less than fifteen percent ofthe total membership ofthe gram sabha is necessary.
(c) If a special meeting of the Gram Sabha call€d to move a no confidence motion alainst the Pradhan in a Gram Pancheyat fails to acquire a quorum, no notice shall be served for another meeting within a period of one year from the date on which the recommendation ofthe Panchayat could not be considered for lack of quorum.
(d) The Zilla Parishad Member and the Panchayat Samiti Member repres€nting the Gram Panchayat shall also be represented in the general, special or emergent meeting of the Gram Sabha who shall have the rigltt to vote in the meeting. The Zilla Parishad Member, if he is not a mernber of the Cram Sabh4 shall not be entitled to cast his vote in deciding a no confidence motion.
(2)Gram Panchayrt: - (a) Two-thirds ofthe total membership ofa Gram Panchayat shall be sufEcient quorum for a meeting including a special meeting called under subsection (2) of section 21 of the Regulation. However, to carry a motion of no confidence under zub-section (3) of section 21, a majority of the total membership of the Gram Panchayat present and voting is necessary. For an adjourned meeting of an ordinary meeting no quorum shall be necessary
(b) For a special meeting, including the special meting called under sub-section (2) of section 21, a majority ofthe total membership ofa Gram Panchayat is necessary.
(3)Penchayat Samiti - (a) Two-thirds ofthe total membership ofa Panchayat Samiti shall be zufficient quorum for an ordinary meeting of a Panchayat Samiti.
(b) Not less than two-thirds ofthe total membership is necessary for a special meeting called for the purpose under sub-section ( I ) of section I I 7 of the Regulation to move a motion of no confidence against the Pramukh and Up-Pramukh. However, to carry the motion under sub-section (2) of section I17, a majority of not le$s than two-thirds ofthe membership ofthe Panchayat Samiti present and voting is necessary.
4) Zilla Parishad: - (a) Two+hirds of the total membership of a Zilla Parishad shall be sufficient quorum for an ordinary meeting. No quorum shall be necessary for a meeting adjourned for want of quorum.
(b) For a special meeting called for the purpose under sub-section (1) of section 156 of the Regulation not less than two-thirds" of total number of members of the Zilla Parishad is necessary. However, to carry a motion ofno confidence under sub-section *, I o :, c !
0t a
(2) ofsection 156, a majority ofnot less than two-thirds ofthe total membership ofthe Zilla Parishad present and voting, is necessary.
l0.Adjournment of mceting for want of quorun. - (1) E within one hour from the time appointed for holding a meeting of a Panchayat, quorum is not present, the meeting may be adjoumed and may be held on another date to be fixed by the Chairperson or the Vicechairperson or the Presiding member as the case may be . The members shall be informed of the datg place and time of the adjoumed meeting by a fresh three days' notice in Form
2. No quorum shall be necessary for such adjourned meeting. No business other than that included in the list of business for transaction at the original meeting shall be brought before an adjourned meeting.
(2) In determining the quorum, fraction of one half and above be counted one, and Iess than half shall be ignored.
ll.Note to be kept of the failurr to hold mceting for want of quorum. - When a meeting of a Panchayat is not held for want of quorur4 the Chairperson or the Vicechairperson or the Secretary of the Panchayat shall make a note to that effea in the atterndance register referred to inrule.8.
l2.Minutc Book of meeting - Mnutes of wery meeting of a Panchayat shall be entered in a minute book to be kept for the purpose and shall be read out before the meeting is concluded. The person who presides over the meeting shall then sign it.
l3.Motiong and Resolutions pressd for division. - If there is diference of opinion on any motion or resolution, it shall be put to vote. Every such motion or resolution shall be recorded in firll in the Mnute Book together with the number of mernbers voting for or against the motion or resolution.
l4.Manner of voting. - When a question is put to vote, the presiding member shalt decide the manner in which the members shall cast their votes.
l5.Voting by proxy prohibited. - No vote shall be given by prory and no member shall vote if he is not present in person at the time ofvoting.
l6.Decision by nrjority of votes. - Subject to provision of quorum required for various meetings prescribed in the rules, all questions at any meeting shall be determined by a majority ofvotes ofthe members present and voting. The presiding member shall have and exercise a casting vote in the case ofan equality ofvotes.
lT.Languegc in which minutes arr to be rccorded. - The minute of the proceedings of a meeting shall be recorded either in Hindi or in English.
lE. Penson rcsponsible to record the minute. - The proceedings ofa meeting shall be recorded by the Secretary ofthe Panchayat or, in his absence, by such officer or employee ofthe Panchayat or, in the absence of officers and employees ofthe panchayat, by such mernber of the Gram Panchayat as may be authorised by the presiding member in this behalf
CHAPTER- tV.
MOTION OF NO CONflDENCE AGAINST CHAIRPERSON ANI)-. UCE.CIIAIRPERSON.
(Section 21,22, 117 and 156 ) l9.Pradhen: (l)A motion ofno confidence against the pradhan may be moved by any member ofa Gram Panchayat, after giving 7 days notice. The notice shall be in Form 4.
The notice shall be addressed to the Pradhan and shall be delivered to him and in his absence to the up-Pradhan or in the absence of both, to the Secretary of the panchayat.
The Pradhan or in his absence the Up-pradhan or in the absence ofboth, the secreiarv shall call a special meeting ofthe Gram panchayat within 15 days from the date of moving the notice ofno confidence by serving notice to the pradharL up-pradhan and all the members of the Panchayat in Form l-A. A copy of the notice of no confidence motion moved by the member shall be enclosed therewith.
(2) The meeting shall be presided over by the Up-pradhan or in his absence, the members assembled shall elect one from among themselves to preside over the meeting.
A quorum of a majority of the total membership of the Gram panchayat is necessary for the meeting. Within one hour from the appointed timq if there is no quorum, the no confidence motion shall deemed to have not been carried and the meeting shall be di-ssolved. The secretary shall send the report of the dissolution of tie meeting for want of quorum to the concerned Executive officer of the panchayat samiti th€ Assistant commissioner, the Deputy commissioner, the chief Executive officer of the ztlla Parishad and also the Secretary @anchayat) ofthe Administration.
(3) If the motion is carried by a majority of the total membership of the Gran Panchayat, the Presiding Officer shall call a special meeting of the Gram Sabha with a quorum ofnot less than fifteen percent of the total membership ofthe Gram Sabha giving not less than 7 days notice and recommend to the Gram sabha, the removal of the Pradhan from his office. Ttre notice shall be in Form No.4. Ifthe Gram sabha approves the recommendation by a majority ofthe members present and voting, the pradhan shall c€ase to hold office after a period of three days &om the date of such approval, unless he has resigned earlier.
20. UpPradhan: (1) A motion ofno confidence against the Up-pradhan may be moved by any member of a Gram Panchayat, after giving 7 days notice. The notice shall be in Form 4. The notice shall be addressed to the Pradhan and shall be delivered to him and in his absence to the up-Pradhan or in the absence of both, to the Secretary of the Panchayat. The Pradhan or in his absence the upPradhan or in the absence of botlq c |'} 9 lhe Secretary shall call a special meeting ofthe Gram Panchayat within 15 days from the date ofmoving the notice ofno confidence by serving notice to the pradhaq Up-pradhan and all the members of the Panchayat in Form l-A enclosing therewith a copy of the no confidence motion moved by the member.
(3) If the motion is carried by a majority of two-thirds of the total membership of the Gram Panchayat present and voting the up-pradhan shall cease tb hold oftce after a period of three days from the date on which the motion is carried unless he has resigned earlier.
2l.Premukh and Up.Pramukh: (l)A motion ofno confidence against thepramukh or the Up-pramukh may be moved by any'member of a panchayat samiti, after Srnxrg X days notice. The notice shall be in Form 4. The notice shall be addressed to the Pramukh and shall be delivered to him and in his absence to the up-pramukh or in the absence of botll to the Executive Offcer. The pramukh or in his absence the Up Pramukh or in the absence of both, the Executive Officer shall call a special meeting of the Panchayat samiti within 15 days from the date of moving the notice of no confidence by serving notice to the Pramukfu Up-Pramukh and all the members of the panchayat Samiti, in form 1-A enclosing therewith a copy of the no confidence motion moved by the member.
(2) The Prarrukh or the Up-Pramukh shall not preside over the meeting but shall have aright to speak or otherwise take part in the proceedings ofthe meeting. The meeting shall be presided over by the Promukh if the motion is against rhe up-Prannrkh and if the motion is agaiirst the Pramukh the meeting will be presided over by the Up-Pramukh. In the absence both the Pramukh and UpPramuklr, the members assembled shall elect one from among themselves to preside over the me4ing. A quorum of not less than twothirds ofthe total membership of the Panchayat Samiti is necessary for the meeting.
Within one how from the appointed time, if there is no quorum, the no confidence motion shall deemed to have not been carried and the meeting shall be dissolved. The Executive Officer shall send the report of the dissolution of the meeting for want of quorum to the concerned Assistant Commissioner, the Deputy Commissioner, the Chief Executive Offcer of the Zilla Parishad and also the Secretary @anchayat) of the Administration .
(3) If the motion is canied ly- a majority of not less than two-thirds of rhe total membership ofthe Panchayat Samiii'present and voting, the Pramukh or the Up-pramukh or botl4 as the case may be, shall c€ase to hold office after a period of three days from the dat€ on which the motion is carried unless tie Pramukh or the Up-Pramukh has resigned earlier.
22. Adhyrksha end UpAdhyaksha: .(1)A motion of no confidence against the Adhyaksh or Up-Adhyaksh may be moved by any mernber of a Zrlla parishad, after grving 15 days notice. The notice shall be in Form 4. The notice shall be address€d to the Adhyaksha and shall be delivered to him or in his absence to the Up-Adhypksha or in the tl0 absence of bot[ to the Chief Executive Officer of tle Zilla Puishad. The Adhyaksha or in his absence tle Up-Adhyaksha or in the absence of bottr, the Chief Executive Officer shall call a special meeting of the Zilla Panchayat within 21 days from the date of moving the notice of no confidence by serving notice.to the Adhyaksh4 Up-Adhyaksha and all the members of the Zilla Parishad in form l-A enclosing therewith a copy of the no confidence motion moved by the member.
(2) The Adhyaksh or the Up-Adhyaksh against whom the no confidence motion is moved sh?ll not preside over the meeting but shall have a right to speak or otherwise take part in the proceedings ofthe meeting. The meeting shall be presided over by the Up-Adhyaksh, ifthe motion ofno confdence is against the Adlryaksh4 and the Adhyaksh shall preside over the meeting, if the motion ofno confidence is against the Up'Adhyaksh.
In the absence ofboth the members assernbled shall elect one from among thernselves to preside over the meeting. A quorum of not less than two-thirds of the total membership of the Zilla Parishad is necessary for the meeting. Within one hour from the appointed tirne, if there is no quorurq the no confidence motion shall deemed to have not been oanied and the meeting shall be dissolved. The Chief Executive Officer shall send the report of the dissolution of the meeting for want of quorum to the Deputy Commissioner, the Director of Panchayats and the Seoretary @anchayat) of the Administration.
(3) If the motion is carried by a majority of not less than two-thirds of the total membership ofthe Zilla Parishad present and voting the Adhyakstra or the Up-Adhyaksh or both, as the case may bg shall oease to hold office after a period of three days from the date on which the motion is carried unless the Adhyaksha or the Up-Adhaksha or botlr, as tlc case may be, have resigned earlier.
22A- If any of the Chairperson or Vice-Chairperson refuses to vacate the office, as provided for in the nrles in this Chapter, the Assistant Commissioner or the Deputy Commissioner, as the case may be, rernove him from office through an order issued.
CEAPTERV CONDUCT OF BUSII{ESS (Section 25,121 and 16t0)
23. Convening thc meeting of a Panchayat.-(1) The notice ofthe meeting ofPanchayat shall contain the place, date, time and also the business ofthe meeting.
A) A notice of resolution sent within the time prescribed in these rule's shall be invariably inoluded in the business proposed for the meeting.
& {, o 1l o f) - m" chairperson of the panchayat or in his absence, the Vice-chairperson of tnePanchayat shall preside over the meeting.
(4) ln case both the chairperson or in his absence the Vice-chairperson is absent either. willfrlly or otherwise, the members assernbed shaJr elect on to,n o,nong;h*ri" preside over the meeting, provided there is quorum for such meeting.
lf:j^",*:::tthe.Chairperson.- (t) Seats for the members shafl be such as may beauoneo Dy the charperson The members shall speak from the place of seats allorted tothem.
131 __^lt,9l1person may suspend any member from voting or otherwise taking parr in rne proceedmgs of the meeting, if the member is found guilty of rule 25.
25' Rules to be observed whirc speaking,- (1)A member while speaking shalr not -
(a) comment on any matter which is sub_judice;
(b) make personal charge or accusation against a member or ofrcial ofa Locar self Government, the ur Administratioq any State Government or cent at Govemment.
(c) use offensive language about the conduct or proceed.ings ofthe parliament, of the L€gislature ofany state, ur Administration or any Local selfGovernment.
(d) utter defamatory words;
(e) use unfairly his right of speech for the purpose of obstructing the business of the Panchayat.
(f) A member who has once addressed the meeting on a motion shall not subsequently move or second an amendment thereto.
(g) A member shall sit down and refrain from speaking if called to order by the Chairperson.
26' Resolution.- (l) A notice of resorution shail be in writing in form 4-A. The notice should be s€nt to the Secretary any day A resolution received after issue of notice for a meeting shall be included onry in the next meeting, unless its incrusion for the present meeting is approved in writing by the Chairperson.
.(2) . A member may move a resolution, at the appointed time for moving the resorution in the meeting, provided it is included in the businlss ofthe meetine.
(3) Subject to admission of the resolutior! the member may put questions to the Chairperson on all matters conneoted with the administration of the Panchayat, and the answo shall be given by the Chairperson or by the person concemed ar-rthorized by him.
(4) A member may also discuss in the meeting and take part in general discussions about the dwelopmental activities taking place under the jurisdiction ofthe Panchayat.
(5) All questions shall be put to the Chair and all answers shall also be given to the Chair.
(6) No resolution shall be moved nor adopted in the meeting of a Panchayat concerning the servioe matters of personnel of the UT Administratioq the anned forces and ofthe Andaman Police force.
(7) Copies of all resolutions adopted conceming the Panchayats shall be sent arnong others to-
(a) the Assistant Commissioner concerned, the Panchayat Samiti conoerned, the Director ofPanchayat and the Zilla Parishad - ifadopted by a Gram Panchayat;
(b) the Assistant Commissioner, the Deputy Commissioner, the Director of Panchayats and the Zilla Parishad - ifadopted by a Panchayat Samiti; and
(c) the Deputy Commissioner, The Director of Panchayats and the Secreary @anchayat) ofthe Administration - if adopted by the Zilla Parishad.
27. No matter other than the business notified in the notice for the meeting shall be discussed in the meeting, unless specificdly permitted in writing by the chairperson . CEAPTERVI AIYNUAL ADMIMSTRAfiON REPORT AND BUDGET (Section '15,136 and 178)
2E.Report on the worh of the previous year and the proposed wor'h of thc following yerr. - (A) Gram Pancheyet :- (1) A Gram Panchayat shall prepare and place before the Gram Sabha at its meeting before l5th October, an Annual Administration report in Form- 5 along with the actual expenditure under different heads incurred during the previous financial year and also the budget estimate for the next financial year in the manner prescribed in the Andaman and Ncobar Islands (Finance & Accounts) Rules 1996. The Panchayat samiti Member concemed and the zilla Parishad Member concerned shall invariably attend the Gram Sabha. All expenditure and estimates of the works proposed to be carried out by the Gram Panchayat,Panchayat Samiti or the zilla Prishad within the {i o I3 geographical area of a Gram Panchayat shall be placed before the Gram Sabha for approval. No work shall be undertaken by the Gram Panchayat, Panchayat Samiti or the Zilla Parishad without the approval of the Gram sabha. If any work or project has been undertaken for meeting any emergent situation on public demand or on directions of the Administrator, the same shall be got ratified by the Gram sabha specially convened for the purpose or in the immediate next meeting of the Gram Sabha. If any work or project so undertaken by the Panchayat samiti or by the Zilla Parishad for the benefit ofone or more contuguous Gram Panchayats and if any of the Gram Panchayat dispsute for carrying out the worVproject in that Gram Panchayat, the matter shall be referred to the ..Joint Committee" referred to in rule 38, whose decision shall have the force of approval of the Gram Sabha. .The budget estimate shall be realistic based on the last years performance.
The annual administration report shalt show the work done during the prwious year under diferent heads, the receipts from different sources and the expenditure incurred for each type of work. Any work done which cannot be classified under any specific head shall be shown under the head "Miscellaneous work'. The report shall show the amount of fund ptaced at rhe disposal of the Gram Panchayat undei section 30,j4,35,36 and the taxes collected under section 37 and the amount spent for the performance of any function under section 28 and 29 or for making any provision under section 30- The amount spent on miscellaneous work, if any, ehall be shown separately in the report. The report shall also show a detailed account of all the firnds and other assistance received from each source. The receips and expenditure of each head of account / each assistance/grants received together with its balance left over should be talLied.
(2) The annual administration report shall also specify in brief on the reports of the committees and the sub-committees of a panchayat and number of meetings and inspections, if any conducted by the committees and sub-committees.
(3) The Gram Panchayat shall also prepare a list of works in Form-6, grouping them separately for the Gram Sabh4 Panchayat Samiti, Zilla Parishad or by any other agency, proposed to be carried out.during the following year, indicating therein the anticipated realistic receips from different sources for carrying out the worlg estimated cost of each work and fund available during the year for the work, and send the list on its approval by the Gram Sabha, to the Panchayat Samiti and the Zilla Parishad. A copy of the list shall also be sent to the Chief Planning Officer of the Zilla Parishad and the Secretary of the District Planning Committee.
(4) The reports mentioned in sub-nrle (1), (2) and (3) above prepared by the Pradhan shall be submitted to the Panchayat Samiti concerned after having brought before a meeting of the Gram Panchayat and adopted through a resolutior! before 3fth October, each year. A copy of the report along with a copy of the resolution, among others shall also be forwarded to the Assistant Commissioner conc€rned.
(B) Panchayat Samiti:- (l) A Panchayat Samiti shall place ar its meeting before l0th Novernber each year, an annual administration report in the same manner as for a Gram Panchayat mentioned in sub-rule (l) to (3) of rule 28A and submit the same to the Zitla o .14 Parishad.. The report 'shall show the 4nount of fund placed at the disposal of the Panchayat samiti under section 125,127, 129, l3o and also tle to(es collected under seotion 28,30,34,35,36 and the taxes collected under section l2B and the amount spent for the performance ofany and all functions entrustd to it under the Regulation. A report along with the budget estimate of income and expenditure in the like manner, shall be submitted to the Zilla Paristrad before 30th November each year. The budget estimate of both income and expenditure shall be realistic. The report shsll also accompany a list of work approved by each Gram sabha and proposed to be undertaken by the the panchayat Samiti in Form-7.
Q) frc report shall be prepared by the Prannrkh and after it is approved by the Panchayat samiti shalt be forwarded to the zilla parishad along with a copy of the resolution. A copy of the report along with oopy of the resolution shall also be forwarded to the Deputy commissioner, the chief planning officer of the zilla parishad and the Secretary of the District planning Committee.
(c) zille Parished: (l) The zilla Parishad shall consolidate the Annuat reports of all the Panchalat samitis containing the reports of the Gram panchayats, of the panchayat Samitis and its own annual Administration report, th€ income and o<penditure budget -for tl'e previous and the ensuing financial year, and the list of works proposed to be carried out during the next financial year in Form-8 to the Administrator before 3lst December each year.
@ The report shall be prepared by the Adhyaksha and after it is approved by the Zilla Parishad, it shall be forwarded to the chief secretary of the A&N Administratiion along with a copy ofthe resolution ofthe Zilla Parishad, thereon.
29. Apprcval of the Adminirtrrtor.-(t) The Administrator shall cause the Annua- Administration report and the budget examined by the Administration and shall either approve or direct the Zilla Parishad for modification ofthe budge as he may ohoose.
@ If the budget is returned by the Administrator to the Zilla parishad, it may either revise the budget as directed or may send down within 15 days to the panchayat samitis for modifcation. The Panchayat Samiti may modify the budget of the Gram panchayat as directed by the Zilla Parishad or return tle budget to the Gram panchayat for modification within 7 days thereon.
(3) The modiEed consolidated budget of the Zilla Parishad shall then be sent to the Administrator for approval, before 20th January each year.
(4) The Administrator may, according to availability of funds under various heads of developments approve and dlocate funds for each head or may sanction lump sum funds in one or more instalments. As far as practicablg the Administrator shall indicate to the Zilla Parishad, tle total amount being allocated to the pRIs subject to observance of conditions prescribed thereon.
I J lf !5). when lump sum fund is arotted for one or more heads of deveropment, the ztlra Parishad, after retaining the share of the Zilla Parishad shall distribute the'balance to each' Panchayat samiti, who in tum after retaining their share allocate the shares meant for the Gram Panchayats under its jurisdiction_
(6) The Zilla Parishad shall evolve necessary criteria for allotment of funds to the Zilla Parishad, rhe Panchayat samitis and the Gram ianchayats from time to time based on the criteria of populatio4 remoteness, wealth of each pRr, availability of basic amenities in the village etc. such criteria shall be revised every 5 years after conducting proper study and survey.
(7) rf the zrlla Parishad fails to give intimation about the budget sanctioned by the Admijustrator to a Panchayat samiti or the panchayat samiti fails to intimate the appioval toa Gram Panchayat within one month fom the date of approval of the budgei 6y the Administrator, the Panchayat Samiti or the Gram panchayat,-as the case may bJ-, proceed to implement the budget as proposed by it, subject to availabitity of funds ani intimate the same to the Panchayat Samiti and or the Zilla parishad, as the case may be, (!) The Panchayat Samiti or the Gram panchayat, as the case may bg in such circumstanc_€s, shall keep a record of the facts of thi incident and get its action ratifed from the Zilla Parishad and the Secretary @anchayat) ofthe Administration.
(9) The decision ofthe secretary (panchayat) ofthe Administration in such cases shall be final
(10) No expenditure shall be incuned by a Gram panchayat, a panchayat samiti or the Zilla Parishad unless the budget is approved by the Administrator.
30. Inspcction of worfts.{l) The zilla parishad, through its officers and also through committees authorised shall inspect the works in all the Gram panchayats, panchaylt Samitis and its own works.
(2) The Panchayat Samiti through its Officers and also through Committees authorised shall inspect the works in all the Gram panchayats under its jurisdication and also its own works.
Q 16 CHAPTf,R. VII Control of Building OPerations
3l.Application in Form 9. - (1) Subject to the provisions ofrule 33, any pe'rson intending to erect a new structure or a new building or to make any addition to an existing stnrcture or building in any area within the jurisdiction of a Gram, shall, for obtaining prior permissio&in writing of the concemed Gram Panchayat, nake an applicatioq in duplicate, in Form 9 to the Gram Panchayat. The Secretary or any other employee of tle Gram Panchayat authorised by the Pradhan in this behalt shall receive the application, in duplicate, retain one copy of it and retum the other copy noting thereon the date of receipt under his signature and the seal of th€ Gram Panchayat.
(2) An application in Form 9 shall be submitted along with a pla4 in duplicatq of the proposed structure or building, a site plar4 in duplicatg copy of records ofrigltt, and copy of zuoh other records showing title and interest of the applicant in respect ofthe land as may be necessary.
(3) Such applications strall be scrutinized by a sub-committee called " Sub-Committee on control of Building operation" appointed by the Panchayat under these rules. The Committee may recommend or rqiect the applicatio4 for reasons to be recorded in writing, and forward the same to Gram Pancbayat.
(4) Copies of Form 9 shall be supplied on demand by the Gram Panchayat to any intending applicant at a non-profit making price to be fixed by the committee referred to in sub-rule (3) the Secretary shall maintain the accounts ofthe stock ofForm 5.
(5) Notwithstanding snything contained in sub-rule (4) any person may submit his application in Form 9 under sub-rule (1) in manuscript, type-wdtten or otherwise mechanically prepared copy ofthe Form.
32. Paymcnt of fees. - (1) No application under rule of 3l shall be considered by a Gram Panchayat unless such application is accompanied by a receipt granted by the Gram Panchayat against fee paid by the applicant at such rate as may be applicable under nrle
36M. The Secraary or any other employee of the Gram Panchayat, authotis€d by the Pradhan in this behalf, shall receive the fee tendered in cash and shall immediately grant a formal receipt therefor.
(2) The fee reGrred to in zub-rule (l) shall not be refunded to the applicart under any circumstance.
33. Exemption from permission. - (l) No permission of the Gram Panchayat shall be o.""rory -fot erection Lf any oe* thatched structurg tin shed, or tile shed, without brick wall, covering an area not exceeding eighteen Square metres, and such stnrcture or shed o 17 I does not cover more than three fourth ofthe total area of the land including appurtenant land.
@ Permission ofthe Gram Panchayat shall not be necessary for repair of an existing structure or building unless-
(i) any structural change is involved, or
(ii) such repair brings any change in existing covered area, or
(iii) such repair includes any addition of a projection from the existing structure or building at ground level or upper level.
(3) Permission ofa Gram Panchayat shall not be necessary for erection a boundary wall unless it is made ofbrick or cement concr€te and unless the bounded area is not kept as vacant land but is used or likely to be used as stockyard or for any commercial or institutional purpose either on opan space or by erecting temporary shed.
34. Construction proposal to pre.suppose civic amenities. - (l) With effect from such date and with respect to such Gram or Grams as may be specified by the Administration by notification, a plan for new structure or building within the jurisdiction of a Gram Panchayat shall have reasonable provision for-
(a) adequate drainage facility by means of access and passage leading to existing public drains or drainage channels or by means of soak-pit having adequate capaclty,
(b) sanitary facilities including garbage disposal facility, and
(c) access road or passage to the plot as referred to in rule 33.
(2) If a Gram Panchayat.is of opinion that for the purpose of proper sanilation in a locality, any premises should have its drainage facility through a private drain owned by another plot-holder, the Gram Panchayat may, by a written notice to the owner of such premises as also of such private drain, require - owner of such premises to connect his house drain with such private the owner of such orivate drain to permit such connection with the private
(3) When a connection is made under sub-rule (2) maintenancg repair and clearing of the private drain from tlre point of such connection up to the public drain shall be the joint responsibility ofihe owners of such premises and private drain:
(i) the drain" and
(ii) drain.
.18
Provided that'if any dispute arises between the owners in the discharge of the joint ;'fr"#'i1'#r:Jt#|j"T#*"'" tr" p'"diil'#i ru. a."irion in such di-spute shar be Explanafion:- For the oupoT: of this rule,..public drain,,. means a drain maintained bythe Government of India- trre eamni#ati;;;r;il; authoritv where the owner or theoccupier of a building orlandrnu, "*r,i. Juilri"""ioO
11.Jf:"1 road or pfl:i.^1i b",:ding. -^(l) With effect fiom such dats and withresped to such Gram or Grams,.as r"y ue rpecined by the Administration by notificatio4every structure or buildins shalr tr.u. .o .ppiouJ .ii o. p*os" from a public road, andthe minimum width of suci passage or road slnil be one and eight+enth meter
(2) If an edsting passage or tg?d or". which the pubric have a right of war is lessrnan one and eight+enth *3r:r .*a.' ,rr" pror-iora".r"on eittrer side of such pass.ge orroad shatl keep a front set-backin il-;#;';;;';;* " nont s€t_back of nine_tenth ffiT#*"'*#jjle orthe road ater t";;;;;; iiio" n crear passage orone and
Provided that if a Gram panchayat is of the opinion that an existing building orpart thereof should be set'back to dro*'u rtg"; o"r*!" * -"u of not less than one and il"-*TJl$if"ilff il;il:"i:"vd;;;6#oiff in"ou,'p*.ioy",;#"* Ioy"lp$i;';;','i"il:'r::ffifl ,":,H'r.fl fl ,L?'JidilltHTffi i:#trTfl*ffifit1" and on receipt o'r *u.t ,Lti.., rhe owner ili'b;;;1"
Provided further that when the prot-holdos on either side of an approach passageor road alrow front set-back i" *"rr .lt * i-lr"-*;;;;;g " fronr set_back of nine+enttrmetre in front of each house along rhr;;;-r.s",;;;;;s wi&h of five meters for rhe i#ff;Tfi:f"f*1*e4 such passage ;;;;J;;;; taken over and maintained by f]- " #n::rhere is a service road.or approach passage available, no direct accessrrom a building shall be permitted to " puuric rilol-v" r'erd |:tp:l"l ,: For the purpos€:."fjl,i.: rule, .public roads,, means The Andaman rrunkKoad' or a road maintained by the.zilla prirrt'rJ "itv il" port Brair Municipar council,any other road normafly used ro.
""r,i.urr, "udllii #"irr* by the ApWD.
364' Restriction or construction ovcr tank and water body. - A Gram panchayat sharlnot give permission for any erecrion "r;;;;;;ffi& up any tanrs pona, o, orhJ o a l9 waterbody, marshy land or abandoned bricldeld, and shall take such steps as mav be considered appropriate to maintain them -
(a) for use as public waterbody, or
(b) for drainage facility in the locality, or
(c) For fire fighting purpos€s, or
(d) from environmental and ecological point ofview, or
(e) for promotion ofpisciculture, or
(f) for any other use ofpublic interest:
_ Provided that subject to any direction or order issued by a competent authority under any law for the time being in force, a Gram panchayat may, for reasons to be recorded in a resolution adopted in this beha[ give permission under special circumstances for any such erection or construction.
36B. lllarimum coverage of residential building. - The maximum building coverage of an individual plot shall be two-third ofthe total area for a residential building:
Provided that one-third ofthe total plot area that shall be kept vacant, shall include front, side and rear set-back spaces
Provided further that in the case of any application for any addition to an existing structure or building, the Gram Panchayat shall refuse permission if the eisting coverag€ added with the proposed addition exceeds two-third ofihe total plot area.
35c. Regulations for construction of residential building. - (l) subject to such order as may be issued by the Administration in this behal{ structure or a building or a boundary wall made ofbrick or cement concrete within the jurisdiction ofa Gram panchayat shall be erected or construct€d with a setback of at least nine-tenth meters from each side of the plot ;
Provided that there shall be a minimum perpendicular distance of one and eighttenth meter from the side of any proposed new building to the side ofan existing building.
(2) Subject to the maximum height of fifteen meter, the height ofa new or existing structure shall be one and half times the width of the approach road added with the width ofthe front set back ofthat building-
Provided that no set-baok in the building shall be allowed.
(3) The area of a habitable room shall be not less than six square meter with a minimum width oftwo and one-fifth meter.
(4) The area of a kitchen shall be not less than three square meter with a minimum width of one and half meter.
20 !s) . rn9 area of arr independent wag:r-closet or an independent bathroom shall be not less than eight+enth square meters with a minimum width of seventeen-twentieth meter if a water-closet is combined with bathroo4 its floor area shall not be less than one and a half square meter with a minimum width of nine-tenth meter.
(9) The height of all habitable and multipurpose rooms shall not be less than two and six-tenth meter from the surface of the floor to the lowest point of the ceiling the heijt ofthe kitcherq water-closet, bathroonq corridor or passage shall not be less tlhan two irc one-tenth meter from the zurface of the floor to the lowest point of ceiling.
Explanation:- In this rule, "habitable room" means a room meant for human habitation other than a kitcherq bath, water-closet or $ore-room.
36D.. Prohibition of dry letrine. - A Gram panchayat shall not accord permission for erection or construction ofa dry latrine either in an existing building or as a part ofa new construction.
358. classification of lend for construction. - lf any structure or building is proposed to be erected or constructed on any land recorded othet*is€ than as homistead Lno, tt "Gram Panchayat shall wittrhold permission for such erection or construction untii the applicant produces an order allowing change of classification of the said land by the collector or any other competent authprity having jurisdiction under any law for the time being in force.
36f,'.Mamer of processing of applicetion. - (1) on presentation of an application under zub-rule (l) of rule 31, and upon recommendation by the sub-committei under sub-rule
(3) of nrle 31, the Pradhan or the up-pradhan or any other mernber authorised by the Gram Panchayat in this beha[ shall also examine the right, title and interest oi' the applicant in respect of the land on which the structure or the building is proposed to be erected, the building plan and the site plarq and, after such inquiry "t.ay u" considered n9cesryv, shall within a period of thirty days from the date of receipt ofthe application, place it before the Gram panchayat for granting or, as the *r. *y be,'refusing permission for the erection or construction applied for.
(2) -1{ Gram Panchayat shall, when granting permission under sub-rule (l) speciS a reasonable period within which the structure or the building is to be completeo ana irirc erection or construction is not completed within the period so specified', it shall not be continued thereafter without fresh permission unless the Gram panchavat. on an application made in this behalf, allows an extension ofsuch period:
Provided that the Gram Panchayat may, if it considers necessarj/ in view of changed circumstances, require a modification of the building plan for ieasons to be recorded in writing in case of delay in completion of the work.
(3) When a Gram Panchayat refuses permission under zub-nrle (l),- 2l O the applicant shall be given an opportunity ofbeing heard;
(iD grounds for refusal shall be recorded in writing and communicated to the applicant;
- (iit _ the applicant may be allowed to submit modified proposal removing the grounds for refusal in a fresh application form or in a plain p"pe, "s ma-y be appropriate, with two copies ofmodified building pran and other reoords as may be relwant, within a period of one year from the date of communication of such refusal such proposal shall not be taken as a new proposal and the applicant shall not be required to deposit any fee as referred to in rule 36M (41 - Al .*oo as may be after the Gram panchayat grants or refirses permission under sub-rule (l), the Pradhan or the up-pradhan or the person authorized in this behalf shall communicate in writing to the applicant of the permission grailed for the construction sought for or the refusal in this behalf, as the case mav be :
Provided that-
(i) in the case of permission, one approved copy of the building plan and of the site plan shall be retumed to the applicant, and the date within which the erection or construction should be completed, shall be communicated;
(ii) in the case of refusal, the applicant shall be informed of the grounds therefore and communicated in writing.
(5) Subject to the provisions of rule 36G and rule 36t{, communication to the lPnlic-ant under sub-rule (2) shall be made by the Gram panchayat within a period of sixty days from the date of receipt of the application under sub-rule ( I ) of rule 3 I .
36G. constructiotr within Port Bleir Municipal council area. - (l) Notwithstanding anything contained in these rules, any application under sub-nrle (l) ofrule 3l pertainin!
lo th: Port Blair Municipal area as defned in the Andaman & Nicobar Islands (tvtunicipatj Regulation, 1994 shall be subject to the provisions of any rule madg or any ordei oi direction of a competent authority issued, under the Andaman & Nicobar Islands (Municipal) Regulatioq 1994 or any rules made there under.
(2) An application under sub-rule (l) shalr, within a period of thirty days from the date 9f recerpt ofthe application, be forwarded by the Gram panchayat with its corunents to ttn .zilla Parishad having jurisdiction and the Zilla parishad, on receipt of such application and comments ofthe Gram Panchayat, shall, on a reference ofthe matter to ttre iort slair Municipal council Authority, if necessary, retum the application and other documents wittln " o6oo of thirty days fiom the date of such receipt, with its approval or comrnents as the case may be' to the Gram Panchayat for consideration under sub.nrle (4) of rule 0 aa 36F within a period of ninety days from the date of receipt of the application under subrule (l) of nrle 31.
36H.Regtriction for construction in the vicinity of airport or prohibitcd area. - No person shall erect near or in the vicinity of any airport or of a prohibited area notified as such by a competent authority under any law for the time being in force, any structure or building tend-ing to hazard aviation or security, as the cas€ may be. The Gram panchayat, on receipt of such an application under zub-rule (l) of rule 31, shall cause an examination and inquiry under sub-rule (l) of nrle 36F, and forward the application on the date of its receipt to the Zilla Parishad with comments; the Zilla parishad on receipt ofthe application and the comments ofthe Gram Panchayat shall -
(a) approve the proposal and the plan with or without any modification, or O) refus€ to approve the proposal and the plan, and return the application anc the other papers within a period of thirty days from the date of tlrcir receipt by the Zilla Parishad to the Gram Panchayat for appropriate regularisation under sub-nrle(4) ofrule 36F within a period ofninety days from the date of receipt of the application under sub-rule (l) of rule 31.
36L Right of applicant if thc permission or refusal is not communicltcd within timelimit. - lf permission or refusal under sub-rule (5) of rule 36F, rule 36G or rule 36H, as the case may bg is not communicated by the Gram Panchayat within the timeJimit as prescribed, it shall be prezumed thst the Cram Panchayat has accorded zuch permission and it shall be lawful for the applicant to erect any structure ofbuilding conforming to the building plan and the site plan furnished by him with the application without waiting for such permission.
36.L Permission for construction of building for commercial or institutiond purpose3.
(l) Gram Panchayat shall not accord permission for erection of a structure or construction of a building for commeroial or institutional purposes or for establishing a Factory or workshop or warehouse or godown -
(a) in a predominantly residential area, or
(b) on a road or an approach passage having a width measuring less than five meler.
(2) There shall be a front set back of not less than one and one fifth metre for a structure or building refened to in sub-nrle (l).
(3) The mo<imum allowable building coverage of a structure or building -referred to in sub-rule (l) shall be three-fifth ofthe total plot area.
(,
(4) In the case of a-g1010sed buirding on a rotar rand meazuring between fourthousand square metresilyy F;A;; {u*.-,n*"r, the Gram panchayarshall be handed and control of notless trun one-sixteenth of the totalland accommodating pubt! facirtt;;li.;';;;; iliL"n pubric transport terminar,gar'age vat and zuch other facilities; ror protr..urJing more than twenty five thousand il:ffi#,Iil: the Gram Panchavat shatl b. h-lJ;;.. one-tenth of the torat tand for
(5) subject to the provisions of this rulg erection or construction of a buildinc forcommercial or institutionat pufposes, rrt"ii'u.
-g""*".a by the rures applicabre forconstruction ofa buitding for iesidentij p6;;;. "-'-" 36K'Grcunds for withhording or rcfusing permission. - (l) A qrram panchayat maywithhold or refusepermission under *u_J.irl ,rr"r. jor ro ,ur ir_
(a) the site plaq b{tdinq pran, elevaion, section or specification contravenesany provision of the Reguiaion o, ny *f" fr*ed there'nder or any other lawfor the time being in forcl;
(b) the apprication for.permission does not contain required particurars or hasnot been prepared in the manner laiA Jo*n in ti"r" *f.r,
(c) any information or document required by the Gratn panchayat under theRegulation or the rules rhereunder r, L"il"#orry furnished.
!1]r-^ll.^_1:oosed. structure or buitding shall, or is tikely to, disturbenvrronmental sanitation of the locality;
(.1 the proposed.
T.Tyr: or building is an encroachment on Governmentland or anv land vested with th" G.;;;";; or any other rocat aurhoritv.
(2) .
When a Cnampancha@.lalls a. d911ion under srb-rule (t), the procedure taiddown in zub-rures (3), (a) uno (sl or.,,rr;#;rd;; far as thev are applioable, be 36L' rnspection of structure or building under conrtruction. - (l) The pradhan or the HftJ*m#'Hl;[1;3on auaori'Ja uvtr," p."ar,J" intr,i. d.h"nT* ffi;il" sub_rure ( r ) "i'"r. ,u?r,", ilI"'t,HH3frS5T:#;Til$J.T.h p#J;'',;;;
(2) if, on making an inspection under. srL|rule (l), the pradhan or any other person asatbresaid is satisfied that the structure o. dil-dinl;.t#i;-"rr.r.o.
(a) otherwise than in accordance with the building plan as approved, or 24
(b) in such w mllfi':f,'fu 'm*l##*ii$:n*i',*l:fl#tr ;'?;jifi,'ffl:t"tt'' 't*'t* o.ilioffi':" spec^ined in the order' *i'li'tr'' ai.""tion.-' - -'r case mav bq "ni 'i]Tii"i'r,iii.oJl'"?"I','l "H :f,;;
J3l . Without prejudice t, :emg m force, the pradh*o the provisions of secfion 37 srru:'rr-rre or building o, unu"..i:-,ly "u'" in *ru-J"tr,.'.
* St other law for the time ;u*f on untawtuly,ru.;Illf toT"tt"o tr,*.*ir'i r,lrecuon or construcdon of anv n:H,?#';ru,:h=*jT#::ffi :i*;r;;:"Til#ffi t;*i,j# . provided that if the work, deputes any police ".
f:111*:
in ord-er to prevent rne cost of providing the ,.,jlllTfto{t. "f ,h; dffi,i] continuation of the unlawfi:l construcrion v _.- _*,ie sharr be borne il;;;,.:#'J:J:1,,?#:J#:rffiffi?
frTi,'l?i:,,: rT.ff,;:i}":;::;^t -rj*r wfro makes an appricarion under sub-rare shown ;",lr.i.ttilijril cause to be paid a fee in cash to rtre i,ramP;il;;iat'i;;
TEE TABLE Nature of structure or building .
(a) Thatched, ti4 file or asbestos shed without brick 11] cgverins an area of morethanf8.c"*" meters bur not more than 40 ,qu.. ;o.rJ"-"
(b) Tharched, tiq tile or asbestos shed without brickwar covering area of more rhan A ;ffi;H;, f]I"yd"f wall made of brick or cemenr concrete ll-li" *::dF area is not kept as vacant plot but is lY_o. t{"ll to be used as stockyard J;;;
."_":l.r.iu1orinstitutionalpu.p*e""iri.ron";il ;t"in;'-9,::*ing temporary ;il,-*;;"T;
Fee to be paid.
(in Rupees)
25.00
50.00
(i)
(ii) 25 not more than 40 square meters more than 40 square meters
(d) Arly brick-walled on+storied structure or buildine covering an area of not more than +o square rnJes.
-
(e)Aay brick-walled one stories building or structure covering an area ofmore than 40 squari meters (0 (i) Any brick-wa.lled two-storied structure or building covering an area ofnot more than 40 square meters on the ground floor
(ii)Additionat fee for each floor above first floor
(g) (i)Any brick-walled two_storied structure or building covering an area ofmore than 40 square meters on the ground floor
(ii)Additional lee for each floor above first floor
(h) (i)Any one storied workshop or structure or building covering an area ofnot more than 100 square meters
(ii)Additional fee for each floor above the ground floor
25.00
40.00
70.00
100.00
150.00 50 00
250.00
100.00
200.00
100.00
200.00
(i)(i) Any workshop, shed or one-sroried Structure j00.00 or building for commercial or business purpose covering an area-ofmore than 100 square mtrs_
(ii)Additional fee or each floor above the qround increasing the existing area of the strujure or building- (t by one-fifth ofthe existing covered area 50.00(iD by more than one-ftfth ofthe existing covered 100.00 area
36N. construction of park and Garden. - with effect from such date and with respectto such Gram or Grams as may be specified by the Administration by notificatiof a-dani Panchayat' shall endeavor to construct at least one park and Gardin in u uesti hrrd in every constituency ofthe Gram panchayat and, for the said purposq the Gram nanctrayat shall submit proposal to the competent authority for earmarking i particulax vested r;J.
- 19:ll,ltt of pubtic drain. _ With effect from such date and with respect to suchuram or Grams as mav be.sp.g9ified by the,ldministration by *rin*iii,".'O",Panchayar sharl endeavor ro buird qrg ;"t dq ;;; ir considers nec€ssary, a sysrem&*ut: within its predominantry residentiat-alJ *jlrm.l-, oul fafl in or ourside zuchresidential area and' for this purposg trr" Gr"r p*J.yat may make use of any vacantland either under its management or as a resurt orr.r-uaci o[ii;*;ffr.i# provided that the Gram panchayat shall not b{ld anV super_structure on aryvacant land as a result ofset_back ofany it*.t"r" o, ijlorg ,
Provided further that for bu'ding a system of drainagg a Gram pancha'at shallensure unhindered use ofany approach passage or.oad.- 36-P' collection and disposal of solid waste. - (l) with effect from such date and withrespect to such Gram or Gr31s as ma/ u". spe.in"a uy it e Administration by notificatiorqa Gram Panchayat sha' endeavor to build and *uior*rr *rr.r" it considers necessary. asystem of collectioq removal and disposar oiroriJiG toro r.ria"rrtiJ,;";;li;.institutional buildines.
lil -,- lP,** i-.** rnal p.ovide o, appoint in cgnvenient situations, inctudingthe situation arising out of *y ,0".-t hna as a result of set-back of any structure orbuilding, pubtic receptactes, deiot, o, ptaces f"; il;;;;ray deposit of_
(a) rubbish, O) offensive matters.
(c) domestic and trade refuse.
(d) carcasses ofdead animals. and
(e) excreted and polluted matters.
!11_,-^-tl rh"t be.the duty ofthe ewners or the occupiers, as the case may be, ofallpremrses ro cause a[ matters referred to in clauses (a) to ie) of sub_rur" 121 ,oi" .JrrLJofrom their respective premises and to be.deposi ;;;;d;" t".eptacres, depots or praces.Provided or appointei under sub-nrle (2), at such tirJ*a,n sucn manner as the pradhan may, on giving adequate publicity, speci$.
(4) The Gram panchavat shat make-adequate provision for preventing receptacres,depots or places from becoming sources ofnuisance.
(5) AII matters deposited in pubric receptacles, depots or places as aforesaid and arrsolid wastes collecteO stral be the property oithe Gram'panchayat.
36Q'Appeal agrinst the decision of the Gram pancheyat - (r) I[ on receipt of anapplication under sub-rure (l) of rure 3 r, wldch has;;;i-Ji, ,"r",,.a to the zilta parishadunder rule 36G or rule 3drt' * the cise ,nuy b", u- dr- n-.uy"t refuses to srantpermission to the ereoion of any structure o, uuiloing, - "ggn*J]*#il;:"di"i;
J 27 appeal to the Executive Offcer ofthe panchayat Samiti rrot communication of such c,s.,d,i,,e;;;t;;,il,#:ffj:d.t jxif; :#li,:ffi ffi f;h+}ihlff(21 I{ on receipt of an,application under zub_rule (l) of nrle 31, which has been:eter'red to the Zilra parishad under -rclJd ";;":"; as tfe case may be, a Gram;trffii,ff iffiiflH, as the case riai'u.]lnk l" qTt permission ror the appeal to the Dep;il;;il^y:tu'.t ol b.dding an aqsrigvea pil; ;;;;#';;
"o.,uni.utionJii,;fi"#T:'ffi ffi :f ffi*r;l*nrutim*"t# ;..#:ff,ffif"ier suing notice to d;ffi;#:erned, and his decision in the Il Pll"*. by the Adminisrrrtion. _ The Adminisrrar.
]^TtI 9*t"^, not inconsistent with the provision, olrlfoll?issue such generat or mav' '!n its opinio4 be necer',.v o' tr," p,,.p'or-" ffiil lidl?fi::JffJ"* rures, as CEAPTER.vItr Disposar of appear against thc order of tfre Grem panchryat rcgarding canitation, etc.:
37.Manner of disposal of ao-peal b; the prescribed tuthority. When an appeal has1315yg un!9rthe nrwisions ofrute dq, il,ir;j;15 davs' notice of the apiear io *,e cram pan&; ffi;ff ilffritv shall srve at teast CEAPTTR- IX Joint Commiftee f.Appointnent of Joitrt Commiffee and itc dutics. .
llt'9""r oe tn" ranchayl't's"''r,i..,-iil ffi,#H":*i:ttr :l *:,:'"eHf*9Tyut. or Gram panchayats ana e_"my.t-Sffiri, _t^110t *q zirra parisrraJ'Jav combine to appoint u,", "T3,lT"!1vajs., Panghavat representatives as may be chosen by ,r," *.iiri", tiir' :^:T": consisting of such and Zilta parishad for the purpose ,i"*o"te;;y ;ffi#T:ffirtffi:ili:ffi which they are jointly interested or when one or more Gram Panchayat refuse for such a work or project within its geographical area.
(2) The Gram PanchayatV Panchayat Samitil Zilla Parishad which combine to form the Joint Committee shall subscribe to a written instrument which shall be drawn uo for this purpose. The Chairpersons shall sigrr the instrument.
(3) Thswritten instrument, referred to in sub-rule (2), shall contain the following:-
(a) the specific purpose for which the Joint Committee is formed and the conditions on which the Joint Committee may frame schemes binding on the constituent Panchayats.
(b) the period for which the Joint Committee is to function
(c) the number of members to be sent to the Joint Committee by each ofthe m Panchayats intending to form the Joint Committee and the term of office of such members;
(d) the financial and administrative powers, inpluding the power to supervise the construction of any joint work, which the Joint Committee shall exercise
(e) the power which the constituent Panchayats shall exercise in relation to any joint scheme.
(4) The Joint Committee shall, from time to time, make such report of progress of work to the constituent Panchayats as may be required by them.
(5) The constituent Panchayats may frame or modiry rdes regarding the constitution of the Joint Committee and the term of office of the members thereof and the method of conducting business.
39. Manner of rcsolving the dilfcrence of opinion between the constituent Panchayrts. - lf any difference of opinion arises between the cofftituent Panchayats forming the Joint Committee, it shall be refened to such officer as the Administration may prescribe, and the decision of such ofEcer thereon shall be final and binding on each ofthe constituent Panchayats.
29 CHAPTTR-X Delegation of functions by Zilla Parished rnd Panchayat Samitis and of linancial powers by Gram Panchayat
40. Delegation of functions to Gram Panchayat by Zille Parishad and Panchayat Samitis. - (l) The functions of the Zilla Parishad/Panohayat Samiti whioh it may delegate to a Gram Panchayat shall relate to the area ofthe Gram Panchayat concerned.
@ Before delegating any ofits functions to a Gram Panchayat the Zilla Paristrad or the Panchayat Samiti shall communicate its intention in this regard to the Gram Panchayat concerned. The Gram Panchayat after receiving such communicstion from the Zilla Parishad/Panchayat Samiti shall iirtimate its willingness or otherwise to discharge the function on behalf of the Zilla Parishad/Panchavat Samiti. The Zitla Parishad/Panchavat Samiti shall delegate the function only when the -Gram Panchayat o(presses its wiltingrress in writing.
(3) The Zilla Parishad/Panchayat Samiti sha[ make available the necessary funds and technical assistarce to the Gram Panchayat for performing the function delegated by it.
(4) The Zilla Parishad and the concerned Panchayat Samiti shall have the power to supervise the work undertaken by the Gram Panchayat in performing any function delegated to it under this rule and the Gram Panchayat shall abide by the direction of the Panchayat Samiti concerned or the Zilla Parishad concerned as the case may be.
(5) The delegation of function by the Panchayat Samiti and the Zitla Parishad shall be subject to such restrictions and conditions aq may be mutually agred upon.
(6) The order of delegation shall be oommunicated by the Pramukly'Adhyaksha to the Pradhan. A copy of such communication shall be sent to the ChiefExecutive Offcer ofthe Zilla Parishad and the Executive Offcer of the Panchayat Samiti.
41. Delegation of financia! powers to Chairperson by Panchayrl - The Panchayat shall, while delegating any financial power io a Chairperson or while withdrawing or modifting such power, forthwith give intimation thereof to the Assistant Commissiosner, Executive Officer, Chief Executive Officer, Deputy Commissioner, and the Director of Panchayat. The Secretary (Panchayat) of the Administration and any other concerned authority which the Panchayat feels it necessary shall also be informed of the position besides recording the minutes in the minute book ofthe Panchayat .
.30
CHAPTER-XI Powerr, functions and duties of Chairperson and Vice'Chairperson' 42, Powen, functions and duties ofchairpcnons and vice.chairpersons:- (l) The Chairperson.shall havq in addition to the powers and functions conferred and imposed on him by or under the Regulation" the following powers and functions:-
(a) The Chairperson shall be responsible for custody of the seal of the Panchayat,
(b)subjecttothepriorapprovalofthePanchayat,theChairpersonshallhave the power to enter into any conttu"t relating to works and expenditure ofthe Panchayat, ,,
(c) The Chairperson shall have the power to suspend any officer or employee appointed by the Panchayat for misconduct or negligence of duty :
Provided that the Chairp6rson shall report the same for approval at the next meeting of the PanchaYat.
(d)TheChairpersonmay,subjecttotheapprovalofthePanchayat,givethree months, notice or three months' pay in lieu thereof to any ofhcer or employee appointedbythePanchayatwhoseservicesarenotrequiredbythePanchayat,
(e)TheChairpersonmay,subjecttotheapprovalofthePanchayat,giveorder for the forfeiture of the salary for a period not exceeding one month of any officeroremployeeappointedbythePanchayatwhomaybeabsentfromhis duties withoui leave or qithout giving prwious notice of such abwncg (DTheChairpersonshall,ifsorequiredbythePanchayat,asksuchofficersor employeesofthePanchayattofurnishsuchsecurityasthePanchayatorany other authority may, from time to time, determine'
(2) The Vice-chairperson shall exercise zuch of the powers and perform such of the functions of the chairperson as the chairperson may, from time to timg delegate to him by order in writing '. a
Provided that no financial power or function shall be delegated to the vice- Chairperson by the Chairperson without the approval ofthe Panchayat: -
Provided further that the chairperson may at any time withdraw all or any of the powers and functions delegated to the Vice-Chairperson' 31 Note:- The terms 'Chairperson" in this chapter applies to the'?radhan" of a Gram Panchayat, '?ramukh" ofa Panchayat Samiti and'Adhyaksha" ofa Zilla Parishad and the term"Vice-Chairperson" applies to the 'Up-Pradhan" of a Gram Panchayat, 'Up- Pramukh" ofa Panchayat Samiti and "IJP-Adhyaksha" of a Zrlla Parishad. It shall not apply to a Chairperson or Vice-chairperson of a Committee or a Sub'committee or a meeting ofa Grarn Panchayat, Panchayat Samiti or Zilla Parishad etc.
CHAPTER. XII Secretary end staff of a PanchaYat
43. Method of recruitment, conditions of servicc, and duties of Secretary of a Penchayat.
(1) The Secretary of the Panchayat shall be appointed by the Administrator, as provided for in the Regulation.
(2) The Secretary shall be appointed by the competent authority ofthe Andaman and Nicobar Administration as provided for in the Andaman & Nicobar Islands(Panchayat Secretary) Recruitment Rules, 1995 as amended from time to time and any other Recruitment rules prescribed by the Administrator from time to time..
44.Dutics of Secretery of a Panchayat. - (1) The Secretary of a Panchayat shall be in charge of the office of the Panchayat. He shall work under the direct supervision ofthe Chairperson or the Vice-Chairperson and shall be responsible to the Panchayat through the Chairperson or the Vice-Chairperson as the case may be
(2) Notwithstanding anything contained in any other rules, the Secretary shallprepare the assessment list in due time;
prepare the budget in due time, be responsible for maintaining the cash book and other books of accounts.
He shall also be responsible for preparing the monthly and quarterly statements of accounts and placing the same. before the Panchayat;
be responsible for keeping all records ofthe Panchayat in safe custody;
be responsible for producing all records before the auditors or inspecting officers as and when directed by the Chairperson;
be responsible for maintaining all registers relating to Choudhary and Chowkidars;
(g) be responsible for preparing and sending to the appropriate authority necessary reports and returns relating to Choudhary and Chowkidars
(h) be responsible for bringing to the notice of the Chairperson all important information furnished bv Choudharv and Chowkidars,
(a)
(b)
(c)
(d)
(e) (0
(i) be responsible for submission to the appropriate authority in due time all grant-in-aid bills () be responsible for allotting duties to Choudhary and Chowkidars when they report to the Panchayat ofrce for duty;
(k) perform such other duties in respect ofthe work of the Panchayat and of the Administration as the Chairpersoq the Vice-Chairperson or the - Administratsor may direct from time to time.
(l) perform all other duties and functions assigned in the Andaman and Nicobar Islands (Panchayats) Regulatio4 1994.
Stalf of Panchayat
45. Appointment of of,icers rnd employees by penchayat and conditions of scrvicc of such oflicers and cmployees. -(l) A Panchayat may, with the prior approval of the Administrator, create such posts of officers and employees as may be necessary for carrying out the work of the Panchayat and may make appointments to zuch posts:
Provided that no such post shall be abolished and no revision ofthe scale ofpay of any such post shall be made by the Panchayat without the prior approval of the Administrator.
(2) The salary of the officers and onployees ofthe panchayat shall be paid out ofthe Panchayat Fund accrued to the Panchayat from their own income or provided specifically by the Government for the purpose of appointing such officers and staff ofa panchayat.
(3) The staff of any department or organisation transferred under the charge of the Panchayats, such department or organisation shall also transfer funds for the payment of salary and allowances etc. to the. PRIs. Such staf will be paid out of such funds transferred or alternatively, the department concerned may make payment to the saffby cheque./casl/demand drat, through the Panchayats.
(4) The Panchayat, while submitting any proposal to the Administrator through the Director of Panchayat for the creation ofany post shall give justification for, and stat€ the duties, qualifications and scale of pay of the proposed post, and also indicate how the pay and allowances for the posts are proposed to be met.
(5) The Director shall forward the proposal to the Administrator with his findings for disposal.
(6) The candidates for appointment to the posts of officers and employees under subrule (l) shall be between l8 and 35 years of age, the upp€r age Limit being relaxing upto 35 years in the case ofthe Scheduled Castes. Scheduled Tribes candidates.
(7) Any appointment of an offcer or emproyee under zub-rure (l) shall be made in accordance with the poricy raid down by the Administraro. fion time io tim", and ;h"ri;.
made only -9n approval by.the Administrator Expenditure for zuch posts rrtur ioi ue made out offunds provided for purposes other thanihe firnds mentioned' in sub-rule (2).
(8) . ln the matter of superannuation and re-employment of the ofrcers and emproyees appointed under sub-rule (l), the provisions of Govt. rule shail appry mutatis mutan&s.
4'6.Discipline and cotrtrol of officers and employees rppointcd by a penchayat._
(l) . The P_anchayat may tlke disciplinary action against any ofrcer or employee 311i,111!d,lldt,sub-rule
(l) of nrte 45 by removing or Jsmissing-him fro* ,oui.JoiUy ronerung^ nrs salary for a period not cxoeeding one month. The panchayat may also 13I:f 1?T the pay of any such officer ot onploy"e the whole or part orany 6dariloss caused to the Panchayat by negligence or breach oforders
(2) B{ore any disciplinary action referred to in sub-mle (r) is taken against any ofEcer or ernployee, the Panchayat shall give hin a reasonable opportunity ofbeiig heard.
(3). ttre Panchayat may place any officer or employee under suspension where a drscrplnary proceeding against him under this rule is contemplated or is pending and shall record in writing the circumstances in which the order of suspension is made.
(1) At appeal shall lie to the Director ofpanchayat against any disciplinary action unds this rule The appeal shall be preferred by the orrtcer ir the employee concerned within tfirry.davs ofreceipt ofthe order regarding such disciprinary proc"edings. The decision of the Director ofPancheyat on such appeal shall be final
4T.Relaration. -. Nothing in rures 45 and z16 shall be conshued to limit or abridge the power of the Administration to dispense with or relax the requirement of any oithese ntes to such extent and subjecl lo such conditions as it may consider n...r*.y o, o"aioj with a case in ajust and equitable manner.
@@@@@@@@ FORM T lSee rule 5(1)l #Fonn of notice of Ordinary/Special/Emergent meting of Gram Sabha.
By Special Messenger/Through Police Wireless/ By beat of drum/Announcement .
To* *(All elected members of the Gram Panchayat, Panchayat Samtti lZilla Parishad member concemed tkough Special Messenger and to all Members of the Gram Sabha by affixing the notice in conspicuous places in all villageV important public officeV by beat of p drum/announcement over loudspeaker etc) Notice is hereby given thrt to transact under mentioncd buciness, the ncrt meeting of the (place) at Grsm Sabha will be held at anr/pm. on the J.
day of
19.....
Kindly make it convenietrt to attend the said meeting.
List ofbusiness to be transacted:- l.
, etc.
* To be sent to the Zilla Parishad Member/Panchayat Samiti Member and the Executive Officer concemed and all elected members of the Gram Panchayat individually ins the manner prescribed in nrle 6 and to all the mernbers of Gram Sabha by affixing the notice at all conspicuous placeVby beat ofdrum/announcement through loudspeaker etc.
# score out whichever is not applicable.
35 TORMTA *Form of norice of Generavordrrt:ff #:::iilmerscnt meering of a penchayat By Special Messenger/Through police Wireless.
To '*Notice is hereby grven .that an Emergent/speicar/ordinary meeting of the ..(write the name of Gram panchayat/ fanchayal Samiti/Zrlla Parirtad) at...............................@ace of meeting) ; . ..._-. 1dJ;;at.. ...:. ..(am/pm) to transact the undermentiioned business.
Business l.
z- He is requested to malce it convenient to attend the said meeting.
Dared this dayof ........................................19 ...
Secretary/Executive Officer/Chief Executive Off cer., Gram Panchayat/Samiti/Zilla parishad.
36 FORM2 x,orm or notice oril?tril f3,ng orpanchayat By Special Messenger ............. ....... Gram panchayat/ Samiti /Zilla pwishad.
To He is requested to make it con\rerdent to attend the sai<t adjourned meeting.Dated this.......... day of...,........... 19 . . , .....Gram panchayat, r*,urrlTf;$fl .
5t roRM3.
[See rule 8] Form of attendance rtgister for mecting of panchryrt .NamJ of panchayat/ Samiti/ Zilla.......
(l)Date ofmeeting :
(2)place ofmeeting:
(3)Time of meeting :
€ (4)N&ture of meefing : OrdinarylEmogent rNo. Y" tirneotrenennr *"3$,ffi;*-*-fi-".f*- An*!"dby(rq LTI of the AEivrt ca'G of LTf m\y) r. 38 FORM4 [See rule 19 to 22] NOTICE (To be deliyered in person in the office of the Gram Panohayat/?anchayat SuritilZilla Parishad concemed and an acknowledgnent obtained on the offce copy) To * The Pradhart + The Pramukh, * The Adhyaksha, (Name of Gram Panchayat/ Panchayat Samit't/Zilla Parishad.
I,...........................................;i........(name), Member, .........:.....
(name of Gram PanchayatlPanchayat Samiti/Zilla Parishad)ho*y move a motion of no confidence against Shri.................., .........(name and designationof *Pradhan/ UP-Pradhan/ Pramukh /upPramukl/ Adhyaksha /tJp- Adhyaksha of the concerned Panchayat).
U Place.................
Date..................
* score out whichever is not applicable.
** Write the name of Gram PanchayatlPanchayat Samiti/Zilla Parishad as the case may be.
Signature Name of Member.
Name of ** Panchayat 39 FORM&A (See rule 23) To * The pradharL s rpramukh *Adhyaksha g L.............. .. ..... . .._. ..::j:::j:.(Name), Member of ....(Name ofGram Panchayav Panchayat samiti/zilla parirri"a rr"r.uy move a resorution ", a.tauo€row ror adoptron rn tIe n€xt meefing ofthe panchayat.
Place signature:
Date. Name ofMember Name of panchavat.
*Score out whichever is not applicable.
THERESOLUTTON.
(Irere write or type the firlr text ofthe resorution. Append separate sheet ifrequired) .. 40 FORM5.
(See rule 28) Annual Administration Report on the work ofa Pancbayat for the year- Heads of reccipts Actual receipt during Anticipated during qglsqr - - -.- -- - -.-- tl'-.- &!bviry"L9lT:*--" LReceipt, Expenditure and Closing Balance.
l. Opening balance
2. Contribution by the Administration-
(a) for maintenance of-
(i) Dafadars and Chowkidars.
(ii) Secretary and other officers and employees.
(b) for development work.
(c) in the form of incentive grant.
(d) in the form ofmatching grant
(e) for fixed travelling allowance for members of Gram Panchayat.
(f) for honorarium for Pradhan and Up-Pradhan , etc.
Contribution/Grant from Ce{gvAdpqistration.&I 3u!(t:I'.sppj3ulggqg Heads ofrecoips Actual receipt drring the year Anticipated recoipt during the *. , follcq4ng. gar_
4. Tax Revenue.
(a) Tax on-
(i) land and buildings under section a6(1)(a)
(ii) professions, traders, oallings and employment under section 46(l)@)
(b) Rates and fees- '
(i) fees on registration of vehicles under section 47( I )(a)
(ii) fees on plaints and petitions and other processes in suits and cases instituted before the Nyaya Panchayat concerned under section 47(l)(ii)
(iii) fees for providing sanitary anangements under section a7(1 )(iii)
(iv) water rate under section 47(1 )(iv)
(v) lighting rate under section 47( 1 )(v)
(vi) conservancy rate under section 47(l )(vi) a).
(a)
(b)
(c) '41
(c) Additional stamp duty on-
(i) transfer of immovable property under section 46(5)(a)
(ii) payment for admission to any entertainmenr under section 46(5)0)
5. Receipts from Administration under section 22 for performance of functions assigned to the Gram Panchayat or for making provision for duties ofthe Gram Panchayat-
(a)..
(b)
(c)
6. Receipts in respect ofmanagernent ofestates and all interest therein vested in the State.
7. Receipts from properties and remunerative assets created by the Gram Panchayat.
8. Contribution/ Grant by Zilla Parishad, Panchayat Samitis or any other local authority.
(l) (21 (3)
9. Receipts fiom gifts and contributions and income from trust or endowment.
10. Receipts on account offines and penalties.
I 1. Receipts on account ofrecovery of cost of demolition ofbuilding.
12. Receipts on account of recovery of cost of works carried out.
13. Receipts for acting as the agent ofthe Zilla Parishad.
14. Fines realised by the Nyaya Panchayat.
15. Loans and advances-
(i) from CentraVAdministration
(ii) from financial institution and other sourc€s
(iii) on miscellaneous items
(iv) receipts on Deposits and Advances -
16. Miscellaneous receiptg ifany, not classified above.
Total income IL Expenditure of the Prnchayat for the year_.
1. Cost of its own administration.
(a) Salary and allowances, etc., of-
(i) Secretary
(ii) other officers and employees
(iii) Dafadars and Chowkidars
(b) C ontingency.
(c)Travelling allowance of-
(i)Ofr cers and employees .. 42
(ii)Members/office bearers
(d) Honorarium.
(e) Collection charges for rates, fees, etc.
2.Cost of administration ofNyaya Panohayat.
3, Expenditure on obligatory duties unden seaion 19.
(a) o)
(c)
4.Expenditure on funbdions assigned to the Grarn panchayat under section 20.
(a) o)
(c) 5, Expenditure on discretionary duties under section 2l .
(a)
(b)
(c)
6.Contol of building operations.
T.Maintenanoe and repair of public sfeets, waterways, etc.
8.Improvement of sanitatio4. etc., under section 24.
9.Epidemic control.
lO.Performance of funotions delegated by the Zilla Parishad.
I l.Management ofestates and all interests therein vested in the State.
l2.Mscellaneous Work Loans and Advances.
l3.Repayment of loans, interest, etc.
l4.Refund of Deposit and Advance.
I S'Mscellaneous orPenditure *tar Expenditure :
Closing Balance:
IIL Repod on the wor{rg sof the Committees and nbcommittce.
(a) Committees:
(b) Sub-Committees.
v '' 43 IV. Report on Inspections carricd out by Committees and Sub-Committecs..
- V. Report on the functioning of the Nyrya PanchNyrL VL General report on the ectivities of the Panchayet.
Certified that the report has beenplaced before the Grarn Sabh4 Gvreral Body meeting ofthe Panchayat Samiti/Zilla Parishad and adopted in its meeting held on-------- Signature.
place hairperson ofthe Panchayat/ Date.
3 .44 FONM6 (Rule28-A) Lirt of worla pruposcd to bc carried out in r Gram Panchayat as rpproved by the Gram Sabha in itr mecting hcld on__ sl.
No.
Name of work Esttd.
Cost.
Anticipated Availability Expdr.during of fund and the year. Head ofa/c I. Roads Briddle.iFoot paths Bridses-culverts etc.
l.
2.
3.
5.
v SU&TOTAL II. BIILDINGS including offices. residential Ors.
shopping complexes- Primary schols* Angluwadis Dispgnsaries. Tourist cottaees etc.etc.
l.
2.
J.
4.
) 6 StIBpTAL III.Parks.- Playgounds- Burial ground. Social Foreshy etc.
I.
t J.
4 t 45 IV. hrigation Soil conservatiorl Water supply. Sanitation etc.
I 4 SUFTOTAL V.General lVorks 1 -' 4 SUFTOIAL TOTAL (CRAM PANCHAYAT) B. Pruoosed to be erccutcd bv the Panchavat Semiti L Roads- Briddle/Foot paths- Bridges-culverts eto.
l.
2.
J.
4.
STjBTOTAL INGS includinc ofrces- residenti shoning complexes, Pri Disp€nsaries, Tourist cottages etc.etc.
l.
) J.
4.
5 6 STJETOTAL 46 l.
2.
J.
4 SU&TOTAL I 3 4 sU&TOTAL V.General Works I I .'
4 SIJBTOTAL TOTAL (PANCIIAYAT 8AMITI) C. Pronoged to bc erecuted bv the Zillr Parishad L Roads- Briddle/Foot oaths. Bridges.culverts etc.
l.
2.
3.
4.
5.
6 SLIBTOTAT 'ql II. BUILDINGS includine ofrces. residential Qrs.
shopping complexes, Primarv schols. Anqanwadis Dispensari€s. Tourist cottages etc.etc.
l.
2.
SUBTOTAL IU.Parks- Playerounds. Burial ground. Social Forestry etc.
l.
) SL]B-TOTAL IV. Irrigation Soil conservation Water supply. Sanitation etc.
1 2
5.
I SU&TOTAL V-General Works I L J 4 SIJBTOT.AL ZILLA PARISHAD GRAND TOTAL (A+B+C) .
Certified that all the above works have been approved for execution in the Gram Panchayat by the Gram Sabaha in its meeting held on___.
Pradhan, ------------Gram Panchayat.
Place Date. Seal ofthe Gram Panchayat.
Note:- Any number of works may be approved by the Gram Sabhas. The works shall be serially numbered in order of preference. The works shall be taken up for execution in order of preference, according to availability of funds. More heads of dwelopment such as "Social Welfare" '1-abourWelfare" etc. can be added but works of one head of development should not be split and added to another head of development.
48 FORMT (Rule 2&B) List of works proposed to be carricd out by Prnchayat Samiti in verious Gram Panchayrts.(As approved by concerned Gnm Sabhas).
Sl. Name of work No.
Name of Gram Esttd. Anticipated Availability Paachayat Cost. Expdr.during of fund and the vear. Head ofa/c I. Roads. Briddle/Foot oaths. Bridggs-culverts etc.
1.
2.
J.
.+.
5.
6 7 STJB.TOTAL II. B{IILDINGS including offices. residential Ors.
shopping complexes- Primary schols. Anganwadis Dispensaries. Tourist cottases etc.etc.
t.
,,
4.
) 6 8 SUBTOTAL III.Parks. Playerounds. Burial ground, Social Forestrv etc.
l.
J.
+ 5 6 SUBTOTAL '' 4n W. Irrigation Soil conservation. Water supolv, Sanitation etc.
5- ) 3 4 6 SIJBTOTAL ,1 v V.General Works J 4 5 6 7 8 I l0 SUETOTAL TOTAT PANCHAYAT SAMITI.
Certified rhat the above works as proposed and approved by the concerned Gram Sabhas have also been approved by the Panchayat Samiti in its meaigg held on Place Date.
Pramukh Panchavat Samiti.
n Seal of the Panchayat Samiti Note:- Any number of works may be approved by the Gram Sabhas. The works shall be serially numbered in order of preference. The works shall be faken up for execution in order of preference, according to availability of funds. More heads of development such as "social Welfare" '1-abourWelfard' etc. can be added but works of one head of dwelopment should not be split and added to another head of development.
50 ronMs (Rule 28-C) List of wor*s proposed to be carried out by Zilra parishad in each panchayat samiti area as &pproved by the concerned Gram Sabhas.
sl.
No. Nanre of Worl and Head ofr/c €tr.
Rs.
Fund a|d Natne of Pandayd. ood" Sarniti cmcemed Rr.
E peditu€ duringthe ye|.
I. Roads. Briddle/Foot paths. Bridges.culverts etc.
l.
,) J.
4.
5.
SI'B.TOTAI inq comolexes. prim schols, Aneanwadis l.
) J,
4.
6 SLrB-TOTAL ound. Social Forest l.
2.
J.
At_
6.
SUBTOTAL JI lV. Irrieation Soil conservation" Water suoply. Sanitation etc.
I J 4
5.
6.
J STJFTOTAL V.General Works I ) J 4 SI'&TOTAL TOTAL ZILLA PARISHAD.
Certified that the ab-ove works as proposed by the concemed Zilla Parishad members in the concerned Gram Sabhas and approved by them have also been passed by the Zilla Parishad in its meeting held on .. .... ..... . .
Adhyaksha Zilla Parishad, Port Blair.
Seal of Zilla Parishad.
Place Date.
{\ Note:- Any number of works may be approved by the Gram Sabhas. The works shall be serially numbered in order of preference. The works shall be taken up for execution in order of preference, according to availabitity of funds. More heads of d€velopment such as "social Welfare" 'T-abourWelfare" etc. can be added but works of one head of development should not be split and added to another head of development.
To 52 FORM9 (See rule 31) Form for application for pennission to erect structurc or building in a Gram, (To be submitted in duplicate) The Pradhan Gram Panchayat I hereby apply for permission to erect a structure/building as mentioned in column 1 of the table below in the place covered by cadastral plot Nos.
ofmauza of jurisdiction list Nos.
the boundaries of which are given below, on payment ofthe fee indicated in column -2 of the said table.
THE TABLE t" Column I Column II
(a) Thatched/tin/tile shed without brick-wall covering an area measuring between twenty square metres and forty square metres Rs. 2(b) Thatched/tir/tile shed without brick-wall covering an area above forty square metres Rs. 4
(c) Brick-walled one-storeyed gructure covering an area up to five square metres Rs. 6
(d) Brick-walled on+storeyed building or structure covering an area above five square m€tres Rs. 15
(e) (i) Brick-walled structure or building of more than one storey Rs. Zs
(ii) Shop/shed where more than ten persons &re proposed to be employed Rs. 25
(iii) other structure to be used for commercial or business purpose Rs. 25 Boundaries East West North South
2. I hereby undertake to raise the walls of the proposed structureibuilding at a dbt&nce of at least three feet from all sides ofboundaries.
f ,f o '53
3. I hereby declare that I have undisputed right, title and interest in the land on which the structure/building is proposed to be constructed.
4. I hereby declare that I am not erecting any structure or building either near or in the vicinity of any aerodrome tending to hazard aviation or near any prohibited area.
Signature Address Date (Stike of the words which are not applicable.)
To The Pradhan Gram Panchayat Kindly reftnd the fee of Rs. paid (wde receipt No. ........... dated ..... .... ....)
on account of permission to erect a structure/building (vide applicatioq dated .-......... .....
which has since been refused).
Order of Gram Panchayat l. Permission is hereby accorded to Shri .... to erect a structure/building in the place covered by plot No................... of mauza as per his applicatiorL dated (vide meeting, datd ..... ... ........ ... . )
2. Permission is hereby refused to erect a structure/building in the place covered by plot No. ... of .........................,(vide meeting, dated ................') for the reason stated below:
l.
:'
J.
Dated Pradhan, (Stike offwhich is not applicable.)
t I \ *'P&ARITLES-3397"H€taa @@@@@@@@@@@