Bihar Panchayat Raj Act, 2006 Bare Act

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Long title	THE BIHAR PANCHAYAT RAJ ACT, 2006
Type	Act
Citation	Act 6 of 2006
Year	2006
Jurisdiction	State of Bihar
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	agriculture

1 THE BIHAR PANCHAYAT RAJ ACT, 2006 AN ACT to replace the Bihar Panchayat Raj Act, 1993 as amended up to date.

Chapter I

1. Short title, extent and commencement — (i) This Act may be called the Bihar Panchayat Raj Act, 2006.

(ii) It shall extends to the whole of the state of Bihar excepting the areas to which the provisions of the Patna Municipal Corporation Act, 1951 (Bihar Act XIII of 1952) or Bihar & Orissa Municipal Act, 1922 (Bihar Act VII of 1922) or Cantonment Act, 1924 (Act II of 1924) apply.

(iii) It shall come into force immediately after its notification in the Official Gazette.

2. Definitions — In this Act, unless there is anything repugnant in the subject or context,

(a) “Adhyaksha” means an Adhyaksha of Zila Parishad elected under the provisions of this Act;

(b) “Backward Classes” means and includes the list of Backward Classes of citizens specified in Annexure 1 of the Bihar Reservation of Vacancies in Posts and Services (for SC, ST and other Backward Classes) Act, 1991 (Bihar Act No. -3, 1992);

(d) “Block Development Officer” means an officer appointed as such by the State Government;

(e) “Chief Executive Officer” means the Chief Executive Officer of a Zila Parishad appointed under the provisions of this Act;

(f) “Commission” means the State Election Commission constituted under Article 243-K read with Article 243-ZA of the Constitution of India.

(g) “Commissioner” means the Divisional Commissioner or such other officer, as may be especially authorised by the State Government to discharge the functions of a Commissioner under this Act;

(h) “Criminal Case” means a criminal proceeding in respect of an offence triable by a bench of the Gram Katchahry;

(i) “District” means a District as notified by the State Government to be a district;

(j) “District Magistrate” means a District Magistrate of a District so appointed by the State Government and includes any other officer, who may be especially appointed by the State Government to discharge all or any of the functions of the District Magistrate under this Act;

(k) “District Panchayat Raj Officer” means a District Panchayat Raj Officer of a district so appointed by the State Government and includes any other officer, who may be especially appointed by the State Government to discharge all or any of the functions of the District Panchayat Raj Officer under this Act;

(l) “Executive Officer” means an Executive Officer of a Panchayat Samiti;

(m) “Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of the Panchayat at the village level;

(n) “Gram Katchahry” means a Gram Katchahry established under subsection (1) of section 90 of this Act;

(o) “Government” means the State Government of Bihar;

(p) “Member Board of Revenue” means the Member, Board of Revenue or such other officer, as may be especially authorised by the State Government to perform the functions of a Member, Board of Revenue under this Act and includes an Additional Member, Board of Revenue;

(q) “Member of Gram Panchayat” means an elected member of that Panchayat;

(r) “Mukhiya” means a Mukhiya of Gram Panchayat elected under the provisions of this Act;

(s) “Municipality” means an institution of self-government constituted under Article 243-Q of the Constitution of India.

(t) “Munsif” with reference to a Gram Panchayat means the Munsif having local jurisdiction in the area in which such Gram Panchayat is constituted and includes a court of small cause cases;

(u) “Notification” means a notification published in the State or District Gazette;

(v) “Panch of a Gram Katchahry ” means an elected Panch of that Gram Katchahry;

(w) “Panchayat” means an institution of Self-Government constituted under Article 243B of the Constitution of India for the rural areas;

(x) “Panchayat Area” means the territorial area of a Panchayat;

(y) “Panchayat Samiti” means a Panchayat Samiti constituted for every Block under this Act;

(z) “Panchayat Secretary” means the Secretary of a Gram Panchayat appointed under this Act;

(aa) “Prescribed” means prescribed under this Act or rules or regulations or notifications or orders made thereunder;

(ab) “Prescribed Authority” means an authority appointed under the provisions of this Act or any notification or rules or regulations made thereunder, for all or any of the purposes of this Act;

(ac) “Population” means and includes the population as ascertained at the last preceding census of which the relevant figures have been published;

(ad) “Pramukh” means a Pramukh of Panchayat Samiti elected under this Act;

(ae) “Sarpanch” means the Sarpanch of a Gram Katchahry elected under this Act;

(af) “Standing Committee” means a Standing Committee constituted by a Zila Parishad or a Panchayat Samiti or a Gram Panchayat under this Act;

(ag) “Subdivisional Magistrate” means a Subdivisional Magistrate of a Subdivision so appointed by the State Government and includes any other officer, who may be especially authorised by the State Government to discharge all or any of the functions of the Subdivisional Magistrate under this Act;

(ah) “Suit” means a suit triable by a bench of the Gram Katchahry;

(ai)“Up-Adhyaksha” means an Up-Adhyaksha of a Zila Parishad elected under this Act;

(aj)“Up-Mukhiya” means an Up-Mukhiya of a Gram Panchayat elected under this Act;

(ak) “Up-Pramukh” means an Up-Pramukh of a Panchayat Samiti elected under this Act;

(al) “Up-Sarpanch” means an Up-Sarpanch of a Gram Katchahry elected under this Act;

(am) “Village” means an area defined, surveyed and recorded as distinct and separate village in revenue records of the district in which it is situated;

(an) “Zila Parishad” means a Zila Parishad of a district constituted under this Act.

CHAPTER II GRAM SABHA

3. Period of Meetings — The Gram Sabha shall meet from time to time but not more than three months shall intervene in between any two meetings.

4. Convening of Meetings — (1) A notice of the meeting of the Gram Sabha shall be pasted in the Office of the Gram Panchayat and the same shall be brought to the notice of the public by beat of drum or by any other means of publicity as prescribed.

(2) The procedure for convening and conducting the meetings of the Gram Sabha shall be such as may be prescribed.

(3) It shall be the responsibility of the Mukhiya to convene the meeting of the Gram Sabha at regular intervals as specified under the Act. In case he fails to convene the meeting as specified, the Executive Officer of the Panchayat Samiti may convene such meeting on this fact being brought to his notice. The Executive Officer may depute a Government servant to be present in such a meeting on his behalf.

5. Quorum — (1) The Quorum for a meeting shall be one-twentieth of the total members of the Gram Sabha.

(2) If at the time appointed for the meeting a quorum is not complete or if the meeting has begun and attention is drawn towards want of quorum, the presiding authority shall wait for one hour and if within such period there is no quorum, the presiding authority shall adjourn the meeting to such time on the following day or such future day as he may fix. The business which could not be considered at the meeting so postponed for want of quorum shall be brought before and 7 disposed of at the subsequent adjourned meeting or meetings for which a quorum of one fortieth of the total members of the Gram Sabha shall be required.

6. Presiding Officer — Every meeting of the Gram Sabha shall be presided over by the Mukhiya of the concerned Gram Panchayat and in his absence by the Up-Mukhiya.

7. Matters for Consideration — The Gram Sabha shall consider the following matters:–

(a) The annual statement of accounts of the Gram Panchayat, the report of administration of the preceding financial year and the last audit note and replies, if any, made thereto;

(b) The budget of the Gram Panchayat for the next financial year;

(c) The report in respect of development programmes of the Gram Panchayat relating to the preceding year and development programmes proposed to be undertaken during the current year;

(d) Reports of the Vigilance Committee.

8. Resolution — Any resolution relating to matters entrusted to the Gram Sabha under this Act shall have to be passed by a majority of the members present and voting in the meeting of the Gram Sabha.

9. Functions — The Gram Sabha shall perform the following functions :–

(a) Rendering assistance in the implementation of developmental schemes pertaining to the village;

(b) Identification of beneficiaries for the implementation of developmental schemes pertaining to the village :

Provided that in case the Gram Sabha fails to identify the beneficiaries within a reasonable time, the Gram Panchayat shall identify the beneficiaries;

(d) Providing all assistance in the programmes of mass education and family welfare within the village;

(e) Promotion of unity and harmony among all sections of society in the village;

(f) Seeking clarifications from the Mukhiya, Up-Mukhiya and members of the Gram Panchayat about any particular activity, scheme, income and expenditure; and

(g) Discussing and recommending appropriate action with regard to reports of the Vigilance Committee;

(h) Such other matters as may be prescribed.

10. Vigilance Committee — The Gram Sabha may also form one or more vigilance committee(s) consisting of persons who are not members of the Gram Panchayat, to supervise the Gram Panchayat works, schemes and other activities relating to that village and to put up reports related to them in its meeting.

CHAPTER III GRAM PANCHAYAT

11. Declaration of Gram Panchayat Area — (1) Subject to the general or special orders of the Government, the District Magistrate may, by notification in the District Gazette, declare any local area comprising a village or a group of contiguous villages or part thereof to be a Gram Panchayat area with a population within its territory as nearly as seven thousand.

Provided that the District Magistrate may, after consultation with the Gram Panchayat concerned, by a notification, at any time, include within or exclude from any Gram Panchayat area any village or part thereof and alter the name of the Gram Panchayat.

(2) If the State Election Commission, suo motu or on receipt of a written representation from an aggrieved person, is of the opinion that there is sufficient reason for doing so, may review the legality and propriety of any Gram Panchayat declared under sub-section (1) and may call for the relevant records for this purpose, and subject to the provisions of this Act, may pass such order which the Commission deems fit and proper.

Provided that after the notification of the date of Panchayat election by the Governor under section 124 of the Act, the Commission shall not consider any such new case.

(3) Every Gram Panchayat shall be a body corporate by the name of its Gram Panchayat and shall have perpetual succession and a common seal and subject to such restrictions as are imposed by or under this Act or any other enactment, shall be vested with the capacity of suing 10 or being sued in its corporate name, of acquiring, holding and transferring property, movable or immovable, whether without or within the limits of the area over which it has authority, or entering into contracts and of doing all things necessary, proper and expedient for the purpose for which it is constituted.

12. Composition of Gram Panchayat — (1) The Gram Panchayat shall consist of –

(a) The Mukhiya elected under the provisions of this Act;

(b) Such number of directly elected members as may be notified from time to time by the District Magistrate and each of such members representing as nearly as possible a population of five hundred of the Panchayat Area.

(2) For the convenience of election, the District Magistrate shall, in accordance with such rules as may be prescribed in this behalf by the State Government, divide the area of the Gram Panchayat under the direction, control and supervision of the State Election Commission into territorial constituencies in such manner that the population of each constituency, so far as practicable, be the same throughout the Panchayat area.

(3) One member from each territorial constituency shall be elected through direct election in the manner prescribed.

(4) Every Gram Panchayat constituted under this section shall be notified in the District Gazette and shall come into office with effect from the date appointed for its first meeting.

13. Reservation of seats — (1) In every Gram Panchayat, as nearly as but not exceeding fifty percent of the total seats of members of Gram Panchayat shall be reserved for 11

(a) Scheduled Castes;

(b) Scheduled Tribes; and

The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall bear as nearly as may be, the same proportion to the total number of seats to be filled up by direct election in that Gram Panchayat as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Gram Panchayat by the District Magistrate under the direction, control and supervision of the State Election Commission in the prescribed manner.

After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining constituencies by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different constituencies in a Gram Panchayat by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

(2) As nearly as but not exceeding fifty percent of the total number of seats reserved under Sub-section (1) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.

(3) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(4) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different constituencies in a Gram Panchayat in such manner as may be prescribed by it.

Explanation - For the removal of doubts it is hereby declared that the principle of rotation for the purposes of reservation of offices for the Scheduled Castes and Scheduled Tribes under this sub-section shall commence from the first election held after the commencement of the Bihar Panchayat Raj Act,

1993.

14. Duration of Gram Panchayat — (1) Every Gram Panchayat unless sooner dissolved under any law for the time being in force shall continue for five years from the date appointed for its first meeting and no longer.

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Gram Panchayat, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).

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

(a) Before the expiry of its duration specified in sub-section (1); and

(b) Before the expiration of a period of six months from the date of its dissolution :

Provided that where the remainder of the period for which the dissolved Gram Panchayat would have continued is less than six 13 months, it shall not be necessary to hold any election under this subsection for constituting the Gram Panchayat for such period.

(4) A Gram Panchayat constituted upon the dissolution of a Gram Panchayat before the expiration of its duration shall continue only for remainder of the period for which the dissolved Gram Panchayat would have continued under Sub-section (1) had it not been so dissolved.

15. Election of Mukhiya and Up-Mukhiya — (1) A Mukhiya of the Gram Panchayat shall be directly elected by the voters enrolled in the voters’ list of that Gram Panchayat.

(2) In the event of vacancy caused by reason of death, resignation, disqualification, removal or otherwise of the Mukhiya, the Gram Panchayat shall elect another Mukhiya as soon as possible as per the provisions of sub-section (1) :

Provided that if the vacancy in the office of Mukhiya is for less than six months, there shall be no election.

(3) (i) After election every Gram Panchayat shall under the direction, control and supervision of State Election Commission, elect in its first meeting one Up-Mukhiya from amongst the members elected under the provisions of clause (b) of sub-section (1) of section 12 of the Act, by a majority of votes.

(ii) The Mukhiya of the Gram Panchayat shall be a voter in the election of Up-Mukhiya.

(iii) In the case of equality of votes in the election of Up-Mukhiya, the result shall be decided by draw of lots.

(4) (i) In the event of the offices of the Mukhiya and Up-Mukhiya falling vacant simultaneously in any Gram Panchayat, the Executive Officer 14 of the concerned Panchayat Samiti shall call a meeting for election of Up-Mukhiya within fifteen days of such an eventuality for which a notice of at least seven clear days shall be given to the members.

(ii) The Executive Officer of the concerned Panchayat Samiti shall preside over such meeting but he shall not have the right to vote.

(iii) In the case of equality of votes, the result shall be decided by draw of lots.

(5) Reservation of seats — (i) For the post of Mukhiya, as nearly as but not exceeding fifty percent of the total seats of Mukhiya within every Panchayat Samiti shall be reserved for :–

(a) Scheduled Castes;

(b) Scheduled Tribes; and

Within every Panchayat Samiti, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the posts of Mukhiya and the number of seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of Mukhiya within the said Panchayat Samiti as the population of the Scheduled Castes/Scheduled Tribes bears to the proportion of the total population of that area and such seats shall be allotted by rotation to different Gram Panchayats within the Panchayat Samiti by the District Magistrate under the direction, control and supervision of the State Election Commission in the prescribed manner.

After reservation of seats of Mukhiya for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for 15 the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining Gram Panchayats by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different Gram Panchayats within a Panchayat Samiti by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

(ii) As nearly as but not exceeding fifty percent of the total number of seats so reserved under Sub-section (i) shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes and Backward Classes as the case may be.

(iii) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(iv) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category shall be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different constituencies in a Gram Panchayat in such manner as may be prescribed by the State Election Commission.

16. Term of Office of Mukhiya and Up-Mukhiya — The term of office of Mukhiya and Up-Mukhiya of the Gram Panchayat shall, save as otherwise 16 provided in this Act, cease on the expiry of his term of office as a member of the Gram Panchayat.

17. Powers, Functions and Duties of Mukhiya and Up Mukhiya — (1) The Mukhiya shall –

(a) be responsible for convening the meetings of Gram Sabha and shall preside over its meetings;

(b) be responsible for convening the meeting of Gram Panchayat and shall preside over its meetings;

(d) have the general responsibility for the financial and executive administration of the Gram Panchayat.

(e) exercise administrative control and supervision over the work of the employees and officers of the Gram Panchayat and employees whose services may be placed at the disposal of the Gram Panchayat by any other authority;

(f) for the transaction of business connected with this Act or for the purposes of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Gram Panchayat under this Act or the rules made thereunder;

Provided that the Mukhiya shall not exercise such powers or perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed or discharged only by the Gram Panchayat at a meeting;

(g) exercise such other powers, perform such other functions and discharge such other duties as the Gram Panchayat may, by general or special resolution, direct or as the Government may, by rules made in this behalf, prescribe.

(2) The Up-Mukhiya shall -- (a) exercise such of the powers, perform such of the functions and discharge such of the duties of Mukhiya as the Mukhiya may from time to time, subject to rules made in this behalf by the Government, delegate to him by order in writing :

Provided that the Mukhiya may at any time withdraw all or any of the powers, functions and duties so delegated to the Up-Mukhiya ;

(b) during the absence of the Mukhiya exercise all the powers, perform all the functions and discharge all the duties of the Mukhiya

Provided that as soon as the Mukhiya returns from absence, he will resume the exercise of all such powers and shall start performing all the functions and discharging all the duties of the Mukhiya;

(c) exercise such other powers, perform such other functions and discharge such other duties as the Gram Panchayat may, by general or special resolution, direct or as the Government may, by rules made in this behalf, prescribe.

18. Resignation or Removal of Mukhiya or Up-Mukhiya — (1)The Mukhiya/ Up-Mukhiya may resign his office by writing under his hand addressed to the District Panchayat Raj Officer.

(2) Every resignation under Sub-section (1) shall take effect on the expiry of seven days from the date of its receipt by the District Panchayat Raj Officer, unless within this period of seven days he withdraws such 18 resignation by writing under his hand addressed to the District Panchayat Raj Officer.

(3) Every Up-Mukhiya shall vacate the Office if he ceases to be a member of a Gram Panchayat.

(4) (i) Removal of Mukhiya by no confidence motion—Every Mukhiya shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a simple majority of the total number of voters of the Gram Panchayat at a meeting especially convened for the purpose. The requisition for such a special meeting shall be signed by not less than one fifth of the total number of voters of the Gram Panchayat and shall be delivered to the District Panchayat Raj Officer. The District Panchayat Raj Officer shall, within seven days from the date of receipt of the requisition, fix a meeting of voters of Gram Panchayat at any place within the Gram Panchayat area. The meeting shall be held within 15 days from the date of issue of the notice of the meeting. The meeting shall be presided over by the District Panchayat Raj Officer :

Provided that during the first two year period of the tenure, no such motion of no confidence shall be moved against the Mukhiya.

Provided further that if the motion of no confidence against the Mukhiya is once rejected, no fresh motion of no confidence against the Mukhiya shall be brought within a period of one year from the date of such rejection of the motion;

Provided further that no motion of no confidence against Mukhiya shall be brought during the last six months of the term of Gram Panchayat.

(ii) Removal of Up-Mukhiya by no confidence motion—Every Up- Mukhiya shall be deemed to have vacated his office forthwith if a 19 resolution expressing want of confidence in him is passed by a simple majority of the total number of elected members of the Gram Panchayat and Mukhiya at a meeting especially convened for the purpose. The requisition for such a special meeting shall be signed by not less than one third of the total number of elected members of the Gram Panchayat and shall be delivered to the Mukhiya. The Mukhiya shall, within 7 days from the date of receipt of the requisition, convene a special meeting of the Gram Panchayat in the office of the Gram Panchayat for discussion on the motion and shall also preside over the meeting :

Provided that during the first two year period of the tenure, no such motion of no confidence shall be moved against the Up- Mukhiya.

Provided further that if the motion of no confidence against the Up-Mukhiya is once rejected, no fresh motion of no confidence against the Up-Mukhiya shall be brought within a period of one year from the date of such rejection of the motion;

Provided further that no motion of no confidence against Up- Mukhiya shall be brought during the last six months before the expiry of the term of Gram Panchayat.

(5) Without prejudice to the provisions under this Act, if, in opinion of the Commissioner having territorial jurisdiction over the Gram Panchayat, a Mukhiya or an Up-Mukhiya of Gram Panchayat absents himself without sufficient cause for more than three consecutive meetings or sittings or willfully omits or refuses to perform his duties and functions under this Act, or abuses the power vested in him or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties or is 20 absconding being an accused in a criminal case for more than six months, the Commissioner may, after giving the Mukhiya or Up- Mukhiya a reasonable opportunity for explanation, by order, remove such Mukhiya or Up-Mukhiya, as the case may be, from office.

The Mukhiya or Up-Mukhiya so removed shall not be eligible for re-election as Mukhiya or Up-Mukhiya or Member of Gram Panchayat during the remaining term of office of such Gram Panchayat.

(6) Appeal shall lie before the Member, Board of Revenue against the order of the Commissioner.

19. Resignation of Members of the Gram Panchayat — A member of Gram Panchayat may resign his membership in writing under his hand addressed to the Mukhiya of the Gram Panchayat and his Office shall become vacant on the expiry of seven days from the date of such resignation unless within the said period of seven days, he withdraws such resignation by writing under his hand addressed to the Mukhiya.

20. Meeting of Gram Panchayat — (1) A Gram Panchayat shall meet for the transaction of its business at least once in two months at the office of the Gram Panchayat and at such date and time as the Mukhiya may determine.

(2) The Mukhiya may, whenever he thinks fit, and shall upon the written request of not less than one-third of the total number of elected members of the Gram Panchayat, on a date within fifteen days from the receipt of such request, call a special meeting.

(3) Seven clear days’ notice of an ordinary meeting and three clear days’ notice of a special meeting specifying the place, date and time of such meeting and the business to be transacted thereat, shall be given by the Panchayat Secretary to the members and to such officers as the Government may prescribe, and it shall be affixed on the notice board of the Gram Panchayat.

(4) The officers to whom notice is given under sub-section (3) and other Government Officers having jurisdiction over the Gram Panchayat area or any part thereof shall be entitled to attend every meeting of the Gram Panchayat and take part in the proceedings but shall not have the right to vote.

(5) If the Mukhiya fails to call a special meeting as provided in subsection (2), the Up-Mukhiya or, in his absence, one-third of the total number of members may call such a meeting on a day not more than fifteen days thereafter and require the Panchayat Secretary to give notice to the members and to take such action as may be necessary to convene the meeting.

21. Quorum and Procedure — (1)The quorum for a meeting of the Gram Panchayat shall be half of the total number of members. If, at the time appointed for the meeting, a quorum is not complete or if the meeting has begun and attention is drawn to the want of quorum the presiding officer shall wait for one hour, and if within such period there is no quorum, the presiding officer shall adjourn the meeting to such time on the following day or such future day as he may fix. The business which could not be considered at the meeting so postponed for want of quorum, shall be brought before and disposed of at the subsequent adjourned meeting or meetings for which the same quorum of half of the total number of members shall be required.

(2) All questions shall, unless otherwise specifically provided, be decided by a majority of votes of the members present and voting. The Mukhiya or Up-Mukhiya as the case may be, presiding over the meeting, unless he refrains from voting, shall give his vote before declaring the number of votes for and against a question and in case of equality of votes, he may give his casting vote.

(3) No member of a Gram Panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the Gram Panchayat, if the question is one in which, apart from its general application to the public, he has any pecuniary or personal interest and if the person presiding has such an interest, he shall not preside over the meeting when such question comes up for consideration.

(4) If any member present at the meeting believes that the person presiding has any pecuniary or personal interest in any matter under discussion, and if a motion to that effect be carried, the latter shall not preside over the meeting during such discussion or vote on or take part in it. Any member of the Gram Panchayat may be chosen to preside at the meeting during the continuance of such discussion.

22. Functions of Gram Panchayat — Subject to such condition as may be prescribed by the Government from time to time, the Gram Panchayat shall perform the functions specified below :

(i) General Functions. — (1) Preparation of annual plans for the development of the Panchayat area;

(2) Preparation of annual budget;

(3) Power to take up relief works during natural calamities;

(4) Removal of encroachments on public properties;

(5) Organising voluntary labour and contribution for community works;

(6) Maintenance of essential statistics of village(s).

(ii) Agriculture, including Agriculture Extension. — (1)Promotion and development of agriculture and horticulture;

(2) Development of waste lands;

(3) Development and maintenance of grazing lands and preventing their unauthorised alienation and use.

(iii) Animal Husbandry, Dairy and Poultry — (1) Improvement of breed of cattle, poultry and other livestock;

(2) Promotion of dairy farming, poultry and piggery;

(3) Grassland development.

(iv) Fisheries. — Development of fisheries in the village(s).

(v) Social and Farm Forestry, Minor Forest Produce, Fuel and Fodde —

(1) Planting and preservation of trees on the sides of roads and other public lands under its control.

(2) Fuel plantations and fodder development;

(3) Promotion of farm forestry;

(4) Development of Social Forestry.

(vi) Khadi, Village and Cottage Industries — (1) Promotion of rural and cottage industries;

(2) Organisation of awareness camps, seminars and training programmes, agricultural and industrial exhibitions for the benefit of rural areas.

(vii) Rural Housing — (1) Distribution of house sites within its jurisdiction.

(2) Maintenance of records relating to house sites and other private and public properties.

(viii) Drinking Water — (1) Construction, repair and maintenance of drinking water wells, tanks, ponds and hand pumps;

(2) Prevention and control of water pollution;

(3) Maintenance of rural water supply schemes.

(ix) Roads, Buildings, Culverts, Bridges, Ferries, Waterways and other means of communication — (1) Construction and maintenance of village roads, drains and culverts;

(2) Maintenance of buildings under its control or transferred to it by the Government or any public authority;

(3) Maintenance of boats, ferries and waterways.

(x) Rural Electrification, including distribution of electricity and providing for and maintenance of lighting public streets and other places.

(xi) Non-Conventional Energy Sources — (1) Promotion and development of non-conventional energy schemes;

(2) Setting up, development and maintenance of community nonconventional energy devices;

(3) Propagation of other energy efficient devices.

(xii) Poverty Alleviation Programmes — (1) Promotion of public awareness and participation in poverty alleviation programmes for fuller employment and creation of productive assets;

(2) Selection of beneficiaries under various programmes through Gram Sabhas;

(3) Participation in effective implementation and monitoring of poverty alleviation programmes.

(xiii) Education, including primary and secondary school education — (1) Promotion of public awareness and participation in primary and secondary education;

(2) Ensuring full enrollment and attendance in primary schools and their management.

(xiv) Adult and non-formal education — Promotion of mass literacy.

(xv) Libraries — Village libraries and reading rooms.

(xvi) Cultural and Sports Activities — Promotion of social, cultural and sports activities.

(xvii) Markets and Fairs. — Regulation and management of fairs (including cattle fairs) and festivals.

(xviii) Rural Sanitation and Environment — (1) Maintenance of general sanitation;

(2) Cleaning of public roads, drains, tanks, wells and other public places;

(3) Maintenance and regulation of burning and burial grounds;

(4) Construction and maintenance of public latrines;

(5) Disposal of unclaimed corpses and carcasses;

(6) Management and control of washing and bathing ghats.

(7) Upgradation of environment and prevention of its degradation 26

(xix) Public Health and Family Welfare — (1) Implementation of family welfare programmes and Public Health Centers;

(2) Prevention of and taking remedial measures against epidemics;

(3) Regulation of sale of meat, fish and other perishable food articles;

(4) Participation in programmes of human and animal vaccination;

(5) Licensing of eating and entertainment establishments;

(6) Regulation of curing, tanning and dyeing of skins and hides;

(7) Regulation of offensive and dangerous trades.

(xx) Women and Child Development — (1) Participation in the implementation of women and child welfare programmes;

(2) Promotion of education, health and nutrition programmes.

(xxi) Social Welfare including welfare of the physically and mentally challenged

(1) Participation in the implementation of the social welfare programmes, including welfare of physically and mentally challenged persons as well as destitutes;

(2) Monitoring of the old-age and widows’ pension schemes.

(xxii) Welfare of the Weaker Sections and in particular the Scheduled Castes and Scheduled Tribes — (1) Promotion of public awareness with regard to welfare of Scheduled Castes, Scheduled Tribes and other weaker sections;

(2) Participation in the implementation of the specific programmes for the welfare of the weaker sections.

(xxiii) Public Distribution System — (1) Promotion of public awareness with regard to the distribution of essential commodities;

(2) Monitoring the public distribution system.

(xxiv) Maintenance of Community Assets — (1) Maintenance of community assets belonging to the Gram Panchayat;

(2) Preservation and maintenance of other community assets.

(xxv) Construction and maintenance of Dharmshalas, Hostels and similar institutions.

(xxvi) Construction and maintenance of cattle sheds, pounds and cart stands.

(xxvii)Construction and maintenance of slaughter houses.

(xxviii) Maintenance of public parks, playgrounds, etc.

(xxix) Regulation of garbage bins in public places.

(xxx) Establishment and control of huts and sheds, and

(xxxi) Such other functions as may be entrusted.

23. Assignment of Functions to Gram Panchayat (1) The Government may, by notification and subject to such conditions as may be specified therein —

(a) transfer to any Gram Panchayat the management and maintenance of a forest situated in the Panchayat area;

(b) make over to the Gram Panchayat the management of waste lands, pasture lands or vacant lands belonging to the Government, situated within the Panchayat area;

(c) Entrust to the Gram Panchayat the collection of land revenue on behalf of the Government and the maintenance of such records as are connected therewith; and

(d) Entrust such other functions as may be prescribed :

Provided that no entrustment under clause (c) shall be made without the concurrence of the Gram Panchayat concerned :

Provided further that when any transfer of the management and maintenance of a forest is made under clause (a) the Government shall direct that any amount required for such management and maintenance or an adequate portion of the income from such forest be placed at the disposal of the Gram Panchayat.

(2) The Government may, by notification, modify, change or withdraw the functions assigned under this Section.

24. General powers of the Gram Panchayat — A Gram Panchayat shall have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted, assigned or delegated to it and in particular and without prejudice to the foregoing powers, to exercise all powers specified under this Act.

25. Standing Committees of Gram Panchayat — (1)A Gram Panchayat shall constitute the following committees by election from among its members for effective discharge of its functions -

(i) Planning, Co-ordination and Finance Committee: for performing general functions relating to Gram Panchayat including subjects mentioned in section 22, co-ordination of the work of other committees and all residuary functions not under the charge of other committees.

(ii) Production Committee - for performing functions relating to agriculture, animal husbandry, dairy, poultry and fisheries, forestryrelated areas, khadi, village and cottage industries and poverty alleviation programmes.

(iii) Social Justice Committee: for performing functions relating to :

a. Promotion of educational, economic, social, cultural and other interests of Scheduled Castes, Scheduled Tribes and other weaker sections.

b. Protection of such castes and classes from social injustice and all forms of exploitation.

c. Welfare of women and children.

(iv) Education Committee - for performing functions relating to education, including primary, secondary and mass education, libraries and cultural activities.

(v) Committee on Public Health, Family Welfare and Rural Sanitation - for performing functions relating to public health, family welfare and rural sanitation.

(vi) Public Works Committee - for performing functions relating to all kinds of constructions and maintenance including rural housing, sources of water supply, roads and other means of communication, rural electrification and related works.

(2) Each committee shall consist of not less than three and not more than five members including the Chairman. Each committee can co-opt not more than two members from among experts or public spirited persons for effective discharge of its responsibilities.

(3) The Mukhiya shall be the ex-officio member and chairman of the Planning, Co-ordination and Finance Committee and shall nominate a chairman of each committee from among its elected members.

Mukhiya shall not hold charge of chairman of more than three 30 committees including the Planning,Co-ordination and Finance Committee.

Provided that each committee shall have at least one woman member and further, social justice committee shall have a member belonging to the Scheduled Castes or Scheduled Tribes, subject to availability.

(4) As far as possible, no elected member of the Gram Panchayat shall serve on more than three committees.

(5) Panchayat Secretary shall be the secretary of the Planning, Coordination and Finance Committee. For other Standing Committees the District Magistrate or any other officer authorised by him in this behalf shall nominate a Government servant to function as secretary.

(6) The standing committees shall perform the functions referred to above under the general guidance, supervision and control of the Gram Panchayat.

26. Property and Funds of Gram Panchayat : — (1) A Gram Panchayat shall have the power to acquire, hold and dispose of property and to enter into contract,

Provided that in all cases of disposal of immovable property by the Gram Panchayat, it shall obtain the prior approval of the Government.

(2) All property within the local limits of the jurisdiction of Gram Panchayat of the nature hereinafter in this section specified, other than property belonging to or maintained by the Central or the State Government or a local authority or any other Gram Panchayat, shall vest in and belong to the Gram Panchayat, and shall with all other property of whatsoever nature or kind which may become vested in 31 the Gram Panchayat, be under its direction, management and control, that is to say—

(a) All general properties;

(b) All public streets, including the soil, stones and other materials thereof and all drains, bridges, culverts, trees, erection materials, implements and other things provided for such streets;

(c) All public channels, water courses, springs, tanks, ghats, reservoirs, cisterns, wells, aquaducts, conduits, tunnels, pipes, pumps and other water works whether made, laid or erected at the cost of the Gram Panchayat or otherwise, and all bridges, buildings, engines, work, materials, and things connected therewith or appertaining thereto and also any adjacent land (not being private property) appertaining to any public tank :

Provided that water pipes and water works, connected therewith or appertaining thereto which with the consent of the Gram Panchayat are laid or set up in any street by the owners of any mill, factory, industry, workshop or the like, primarily for the use of their employees shall not be deemed to be public water works by reason of their being used by the public;

(d) All public sewers and drains and all works, materials and things appertaining thereto and other conservancy works :

Provided that for the purpose of enlarging, deepening or otherwise repairing or maintaining any such sewer or drain the subsoil appertaining thereto shall also be deemed to vest in the Gram Panchayat;

(e) All sewage, rubbish and offensive matter deposited on streets or collected by the Gram Panchayat from streets, latrines, urinals, sewers, cesspools and other places;

(f) All public lamps, lamp-posts and apparatus connected therewith or appertaining thereto; and

(g) All buildings erected by the Gram Panchayat and all lands and buildings or the property transferred to the Gram Panchayat by the Central or the State Government or acquired by gift, purchase or otherwise for local public purposes.

(3) The State Government may, by notification, exclude any street, bridge or drain from the operation of this Act or of any specified section of this Act :

Provided that if the cost of the construction of the work had been paid from the Gram Panchayat Fund, such work shall not be excluded from the operation of this Act or any specified Section of this Act, except after consideration of the views of the Gram Panchayat at a meeting.

(4) The Government may allocate to a Gram Panchayat any public property situated within its local jurisdiction, and thereupon such property shall vest in and come under the control of the Gram Panchayat.

(5) For every Gram Panchayat there shall be constituted a Gram Panchayat Fund bearing the name of the Gram Panchayat and there shall be placed to the credit thereof —

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

(b) Contributions and grants, if any, made by the Zila Parishad, Panchayat Samiti or any other local authority;

(d) All receipts on accounts of taxes, rates and fees levied by it;

(e) All receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works vested in, constructed by or placed under the control and management of the Gram Panchayat;

(f) All sums received as gift or contribution and all income from any trust or endowment made in favour of the Gram Panchayat;

(g) Such fines and penalties imposed and realised under the provisions of this Act as may be prescribed; and

(h) All other sums received by or on behalf of the Gram Panchayat.

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

(a) The cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees.

(b) Every Gram Panchayat shall have the power to spend such sums as it thinks fit for carrying out the purposes of this Act.

(c) The Gram Panchayat Fund shall be vested in the Gram Panchayat and the balance to the credit of the Fund shall be kept in such custody as may be prescribed.

27. Taxation by Gram Panchayat : — (1) Subject to such rules as may be made in this behalf and the maximum rates specified by the Government, a Gram Panchayat may impose yearly —

(a) Tax on occupants of holdings;

(b) On professions, trades, callings and employments carried on or held within the local limits of its jurisdiction a tax on the basis of total annual income accrued from such profession, trades, callings and employments.

(2) Subject to such maximum rates as the Government may prescribe, a Gram Panchayat may realize the following fees and rates, namely –

(a) Fees on the registration of vehicles which are not registered under any other law in force at that time;

(b) Fee for providing sanitary arrangements at such places of pilgrimage, haats, melas and public use within its jurisdiction as may be specified by the Government by notification;

(c) Water Rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by or on behalf of the Gram Panchayat within its jurisdiction;

(d) Lighting Fee, where arrangement for lighting of public streets and places is made by or on behalf of the Gram Panchayat within its jurisdiction;

(e) Conservancy Rate, where arrangement for cleaning private latrines, urinals and cesspools is made by or on behalf of the Gram Panchayat within its jurisdiction.

28. Financial Assistance to Gram Panchayats — Subject to the provisions of this section, every Panchayat shall, after an appropriation made by law in this behalf, be entitled to receive grants in aid from the Consolidated Fund of the State as recommended by the State Finance Commission, constituted under the provisions of this Act, and as approved and notified by the State Government.

29. Budget of the Gram Panchayat — Every Gram Panchayat shall, at such time and in such manner as may be prescribed, prepare in each year, corresponding to the financial year of the State Government, a budget of its estimated receipts and disbursements for the following year and shall get it approved in its meeting by a majority of members present and for which the quorum shall be not less than fifty per cent of its total numbers of members.

30. Accounts. —The income and expenditure account of every Gram Panchayat shall be maintained in such form and manner as prescribed.

31. Audit. — (1) The audit of the accounts of a Gram Panchayat shall be carried out by the authority as may be prescribed by the Government and a copy of the audit report shall be forwarded to the Gram Panchayat within one month of the completion of the audit.

(2) On receipt of the audit report referred to in sub-section (1), the Gram Panchayat shall either remedy the defects or irregularities which have been pointed out in the audit and send to the Panchayat Samiti within three months an intimation of its having done so or shall, within the said period, supply any further explanation to the prescribed authority in regard to such defects or irregularities as it may wish to give.

(3) Apart from audit conducted by the prescribed authority mentioned in sub-section (1) above, concurrent audit or special audit of a Gram Panchayat may be made in the manner prescribed for this purpose.

32. Staff of Gram Panchayat. — (1)There shall be a Panchayat Secretary in Gram Panchayat to be appointed in the manner as may be prescribed.

(2) The Panchayat Secretary shall be in charge of the office of the Gram Panchayat and shall perform all the duties and exercise all the powers imposed or conferred upon him by or under this Act or any rules or bye-laws made thereunder or under any other Act or Rules for the time being in force.

(3) Subject to such rules as may be made by the State Government in this behalf, a Gram Panchayat may from time to time engage such number of paid or honorary functionaries or professionals as may be required by it for carrying out its functions.

33. Organisation of Gram Raksha Dal — For general watch and ward and for meeting emergent events like fire, flood, breach of embankment, collapse of bridge, outbreak of epidemic, to encounter burglary or dacoity etc. or in order to perform such other duties that may be imposed by the Government from time to time and for maintenance of public peace and order, a Gram Raksha Dal shall be organised under a Dalpati, appointed in the prescribed manner, for every Gram Panchayat and all able-bodied persons of a village between the ages of 18 and 30 years shall be members of the said Dal. The Government may make rules for the organisation, duty and utilisation of Gram Raksha Dal.

CHAPTER IV PANCHAYAT SAMITI

34. Establishment of Panchayat Samiti-

(1) For every Block there shall be a Panchayat Samiti having jurisdiction save as otherwise provided in this Act, over the entire Block excluding such portions of the Block as are included in or are under the authority of a Municipality or a Cantonment Board constituted under any law for the time being in force.

(2) Every Panchayat Samiti shall be a body corporate by the name of its Panchayat Samiti and shall have perpetual succession and a common seal and subject to such restrictions as are imposed by or under this Act or any other enactment, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, movable or immovable, whether without or within the limits of the area over which it has authority, or entering into contracts and of doing all things necessary, proper and expedient for the purpose for which it is constituted.

35. Declaration of Blocks — For the purposes of this Act, the State Government may, by notification in the official Gazette declare any area, within the district to be a Block and name that Block; and

(a) include any area within that district in the Block so declared;

(b) exclude any area from any such Block, or

36. Composition of Panchayat Samiti- (1) A Panchayat Samiti shall consist of- 38

(a) directly elected members from the Panchayat Samiti’s territorial constituencies, as determined under this Act;

(b) members of Lok Sabha and members of the Legislative Assembly of the State, representing constituencies which fall either wholly or partly in the Panchayat Samiti area;

(c) members of Rajya Sabha and members of the State Legislative Council, who are registered as electors within the Panchayat Samiti area;

(d) All the Mukhiyas of the Gram Panchayats falling within the Panchayat Samiti area.

(2) Every member of the Panchayat Samiti shall have the right to vote in its meeting, but in case of election and removal of Pramukh and Up- Pramukh, only members elected under clause (a) of sub-section (1) shall have the right to vote.

37. Elected Members – (1) The number of elected members of a Panchayat Samiti shall be such as may be notified from time to time by the District Magistrate and each of such members shall represent as nearly as may be a population of five thousand of the Panchayat Samiti area as far as possible

(2) For the convenience of election, the District Magistrate shall, in accordance with such rules as may be prescribed in this behalf by the State Government, divide the area of the Panchayat Samiti under the direction, control and supervision of the State Election Commission into territorial constituencies in such manner that the ratio between the population of each constituency, so far as practicable, be the same throughout the Panchayat Samiti area.

(3) From each territorial constituency one member shall be directly elected in the manner prescribed.

38. Reservation of Seats- (1) In every Panchayat Samiti, as nearly as but not exceeding fifty percent of the total seats of the member of Panchayat Samiti shall be reserved for

(a) Scheduled Castes;

(b) Scheduled Tribes; and

The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall bear as nearly as may be, the same proportion to the total number of seats to be filled up by direct election in that Panchayat Samiti as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Panchayat Samiti by the District Magistrate under the direction, control and supervision of the State Election Commission in the prescribed manner.

After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes taken together and shall be allotted to the remaining constituencies by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different constituencies in a Panchayat Samiti by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

(2) As nearly as but not exceeding fifty percent of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.

(3) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(4) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different constituencies in a Panchayat Samiti in such manner as may be prescribed by it.

39. Duration of Panchayat Samiti – (1) Every Panchayat Samiti, save as otherwise provided in this Act, shall continue for a term of five years from the date appointed for its first meeting and no longer.

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of Panchayat Samiti which is functioning immediately before such amendment, till the expiration of its duration specified in sub-section (1).

(3) The election to constitute a Panchayat Samiti shall be completed in the following manner –

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

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

Provided that where the remainder of the period for which the dissolved Panchayat Samiti would have continued is less than six months, it shall 41 not be necessary to hold any election under this clause for constituting the Panchayat Samiti for such period.

(4) A Panchayat Samiti constituted consequent upon the dissolution of an earlier Panchayat Samiti before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved Panchayat Samiti would have continued under Sub-section(1), had it not been so dissolved.

40. Election of Pramukh and Up-Pramukh - (1) Under the supervision, control and direction of the State Election Commission :

(a) The elected members of the Panchayat Samiti referred to in clause

(a) of sub-section (1) of section 36 shall, as soon as may be, elect two members from among themselves to be the Pramukh and Up- Pramukh respectively of the Panchayat Samiti;

(b) If any subsequent vacancy is caused in the office of Pramukh or Up-pramukh, the elected members of the Panchayat Samiti shall elect another member from among themselves to be the Pramukh or Up-pramukh as the case may be :

Provided that no such election shall be held if the vacancy is for a period of less than one month.

(2) Reservation of Seats - For the post of Pramukh, as nearly as but not exceeding fifty percent of the total seats of Pramukh in every district shall be reserved for

(a) Scheduled Castes;

(b) Scheduled Tribes; and

Within every district, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the post of Pramukh and the number of 42 seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of Pramukh within the said district as the population of the Scheduled Castes/Scheduled Tribes bears to the proportion of the total population of that area and such seats shall be allotted by rotation to different Panchayat Samitis within the district by the District Magistrate under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

After reservation of seats of Pramukh for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining Panchayat Samitis by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different Panchayat Samitis in a district by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

(ii) As nearly as but not exceeding fifty percent of the total number of seats of Pramukh so reserved under Sub-section (i) shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes and Backward Classes as the case may be.

(iii)As nearly as but not exceeding fifty percent of the total number of seats of Pramukh not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(iv) Such total number of seats of Pramukh reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the District Magistrate 43 under the direction, control and supervision of the State Election Commission to different Panchayat Samitis in a district in such manner as may be prescribed by it.

(3) The term of office of Pramukh and Up-Pramukh of a Panchayat Samiti shall, save as otherwise provided in this Act, cease on the expiry of his term of office as a member of the Panchayat Samiti.

(4) The election of Pramukh and Up-pramukh, filling up of vacancies in the said offices and determination of disputes relating to such election shall be in accordance with such rules or procedure as may be prescribed by the State Election Commission.

41. Allowances to the Pramukh, Up-Pramukh and other members- Pramukh, Up-Pramukh and other members of the Panchayat Samiti shall be entitled to receive such sitting fee and allowances as may be prescribed.

42. Powers, Functions and Duties of the Pramukh- The Pramukh shall-

(a) convene, preside and conduct the meetings of the Panchayat Samiti;

(b) exercise supervision and control over the Executive Officer for securing implementation of resolutions or decisions of the Panchayat Samiti or of the Standing Committees, which are not inconsistent with the provisions of this Act or any general or special directions issued under this Act;

(c) exercise overall control over the financial and executive administration of the Panchayat Samiti and place before the Panchayat Samiti all questions connected therewith which shall appear to him to require its orders and for this purpose may call for records of Panchayat Samiti; and

(d) have power to accord sanction upto a total sum of twenty five thousand rupees in a year for the purposes of providing immediate relief to those who are affected by any natural calamity in the Panchayat Samiti area :

Provided that the Pramukh shall place at the next meeting of the Panchayat Samiti the details of such sanctions for its ratification.

43. Powers, Functions and Duties of Up- Pramukh- The Up-Pramukh of the Panchayat Samiti shall-

(a) in the absence of the Pramukh, preside over the meetings of the Panchayat Samiti;

(b) exercise such powers and perform such duties of the Pramukh of the Panchayat Samiti as the Pramukh from time to time may, subject to the rules made by the Government in that behalf, delegate to him by an order in writing; and

(c) pending the election of the Pramukh, or during the absence of the Pramukh from the Panchayat area or by reason of the Pramukh being on leave for a period exceeding fifteen days, exercise the powers and perform the duties of the Pramukh;

Provided that as soon as the Pramukh returns from absence, he will resume the exercise of all such powers and shall start performing all the functions and discharging all the duties of the Pramukh.

44. Resignation and Removal of Pramukh and Up- Pramukh-

(1) The Pramukh may resign his office by writing under his hand and addressed to the Subdivisional Magistrate and the Up-Pramukh may resign his office by writing under his hand addressed to the Pramukh and in the absence of Pramukh to the Subdivisional Magistrate and the said office shall be deemed to be vacant on the expiry of seven days from the date of such resignation unless within the said period of seven days he withdraws such resignation by writing under his hand addressed to the Subdivisional Magistrate or the Pramukh, as the case may be.

(2) A Pramukh or Up- Pramukh shall vacate office if he ceases to be a member of the Panchayat Samiti.

(3) (i) A Pramukh/Up-Pramukh of the Panchayat Samiti shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of the total number of elected members of the Panchayat Samiti at a meeting specially convened for the purpose.

The requisition for such a special meeting shall be presented to the Pramukh in writing with a copy to the Executive Officer of the Panchayat Samiti, by not less than one third of the total number of members elected directly from the territorial constituencies of the Panchayat Samiti. The Executive Officer shall immediately bring the requisition to the notice of the Pramukh. The Pramukh shall convene such meeting on a date falling within 15 days of such requisition. If the Pramukh fails to call the special meeting, the Up-Pramukh or one third of the total number of directly elected members may fix a date for such meeting and require the Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting. The Executive Officer shall necessarily issue such notice in time and convene the meeting. No such meeting shall be postponed once the notice for 46 the same has been issued. No quorum shall be required for the special meeting convened to discuss no confidence motion.

(ii) No confidence motion shall not be moved against the Pramukh or the Up-Pramukh within the first two year period of their tenure.

(iii) If the motion of no confidence brought against the Pramukh or the Up- Pramukh or both is once rejected, no fresh motion of no confidence against the Pramukh or the Up-pramukh or both, as the case may be, shall be brought before the Panchayat Samiti within a period of one year from the date of such rejection of the motion.

(iv) No confidence motion against the Pramukh or Up-Pramukh or both, as the case may be, shall not be brought during the last six months of the term of the Panchayat Samiti as mentioned in section 39 (1) of this Act.

(v) Such reasons/charges, on the basis of which no confidence motion has to be moved against the Pramukh or Up-Pramukh, shall be clearly mentioned in the notice of meeting called to consider the no confidence motion.

(vi) As soon as the meeting called under this section begins, the presiding member of this meeting shall read out the motion on which the meeting has been called to consider before the members present and declare it open for discussion. Any discussion on the motion shall not be adjourned.

(vii) During discussion, opportunity shall be given to the Pramukh/Up-Pramukh against whom no confidence motion has been moved for his defence before the Panchayat Samiti. The motion shall be put to vote on the same day after discussion and shall take place by secret ballot in the prescribed manner.

(viii) In case of no confidence motion against a Pramukh, the meeting shall be presided by the Up-Pramukh; in case of motion against Up-Pramukh by the Pramukh and in case of motion against both Pramukh and Up- 47 Pramukh, by any member elected from among the members of the Panchayat Samiti present in the meeting.

In case of the post of Up-Pramukh being vacant or his absence from the meeting convened for discussion on no confidence motion against the Pramukh or the post of Pramukh being vacant or his absence from the meeting convened for discussion on no confidence motion against the Up- Pramukh, as the case may be, shall be presided over by any member elected from amongst the directly elected members from the territorial constituency of the Panchayat Samiti present in the meeting.

(4) Without prejudice to the provisions under this Act, if in opinion of the Commissioner having territorial jurisdiction over the Panchayat Samiti, a Pramukh or an Up-Pramukh of Panchayat Samiti absents himself without sufficient cause for more than three consecutive meetings or sittings or willfully omits or refuses to perform his duties and functions under this Act, or abuses the power vested in him or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties or is absconding being an accused in a criminal case for more than six months, the Commissioner may, after giving the Pramukh or Up-Pramukh, as the case may be, a reasonable opportunity for explanation, by order, remove such Pramukh or Up-Pramukh, as the case may be, from office;

The Pramukh or Up-Pramukh so removed shall not be eligible for reelection as Pramukh or Up-Pramukh of Panchayat Samiti during the remaining term of office of such Panchayat Samiti;

Appeal shall lie before the Member, Board of Revenue against the order of the Commissioner.

(5) A Pramukh or Up- Pramukh removed from his office under subsection (4) may also be removed by the Government from membership of the Panchayat Samiti.

45. Resignation of Member- An elected member of a Panchayat Samiti may resign his membership in writing under his hand and addressed to the Pramukh of the Panchayat Samiti and his seat shall become vacant on the expiry of seven clear days from the date of such resignation unless within the said period of seven days he withdraws such resignation by writing under his hand addressed to the Pramukh.

46. Meetings of Panchayat Samiti – (1) A Panchayat Samiti shall hold a meeting for the transaction of business at least once in two months (hereinafter in this section called the ordinary meeting) and shall subject to the provisions of the following sub-sections, make regulations in conformity with this Act or with any rules made thereunder with respect to the day, hour, notice, management and adjournment of its meetings and generally with respect to the transaction of business thereto.

(2) Every meeting of the Panchayat Samiti shall ordinarily be held at the headquarters of the Panchayat Samiti.

(3) The date of the first meeting of the Panchayat Samiti after its constitution shall be fixed by the Subdivisional Magistrate who shall preside at such meeting and date of each subsequent ordinary meeting shall be fixed at the previous meeting of the Panchayat Samiti, provided that the Pramukh may for sufficient reason alter the day of the meeting to a subsequent date. The Pramukh may, whenever he thinks fit and upon the written request of not less than one third of the total number of members and on a date within fifteen days from the receipt of such request shall call a special meeting. Such request shall specify the object for which the meeting is proposed to be called.

If the Pramukh fails to call a special meeting, the Up-Pramukh or one-third of the total number of members may call the special meeting for a day not more than fifteen days after presentation of such request and require the Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting.

(4) Ten clear days’ notice of an ordinary meeting and seven clear days’ notice of a special meeting specifying the time at which such meeting is to be held and the business to be transacted thereat shall be sent to the members and affixed at the office of the Panchayat Samiti.

Such notice shall include in case of a special meeting any motion or proposition mentioned in the written request made for such meeting.

(5) Half of the total number of members of the Panchayat Samiti shall form a quorum for transacting business at a meeting of the Panchayat Samiti. If at the time appointed for the meeting a quorum is not present, the person presiding shall wait for one hour and if within such period there is a quorum, proceed with the meeting, but if within such period there is no quorum, the person presiding shall adjourn the meeting to such hour on some future day as he may deem fit. He shall similarly adjourn the meeting at any time after it has begun if his attention is drawn to the want of quorum. At such adjourned meetings a quorum of at least one fifth of the total number of member shall be required and the business which would have been brought before the original meeting shall be transacted.

(6) Every meeting shall be presided over by the Pramukh or if he is absent by the Up-Pramukh and if both are absent or if the Pramukh is absent and there is no Up-Pramukh the members present shall elect one from among themselves to preside.

(7) All questions shall, unless otherwise especially provided, be decided by a majority of votes of the members present and voting. The presiding member, unless he refrains from voting, shall give vote before declaring the number of votes for and against a question and in case of equality of votes he may give his casting vote.

(8) No member of a Panchayat Samiti shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the Panchayat Samiti, if the question is one in which, apart 50 from its general application to the public, he has any pecuniary or personal interest and if the person presiding has such an interest, he shall not preside over the meeting when such question comes up for consideration.

(9) If the person presiding is believed by any member present at the meeting to have any such pecuniary or personal interest in any matter under discussion and if a motion to that effect be carried, he shall not preside at the meeting during such discussion or vote on or take part in it. Any member of the Panchayat Samiti may be chosen to preside at the meeting during the continuance of such discussion.

(10) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice convening such meeting or in the case of a special meeting in the written request for such meeting. A member may propose any resolution connected with or incidental to the subjects included in the list of business. The Pramukh may propose any urgent subject of a routine nature not included in the list of business if no member objects to it. No permission shall be given in the case of a motion or proposition to modify or cancel any resolution within three months after passing thereof except in accordance with sub-section (12). The order in which any business or proposition shall be brought forward at such meeting shall be determined by presiding authority who in case it is proposed by any member to give particular proposition shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal.

(11) Any ordinary meeting may with the consent of a majority of the members present be adjourned from time to time but no business shall be transacted at any adjourned meeting other than that left or undisposed at that meeting.

(12) No resolution of Panchayat Samiti shall be modified or cancelled within six months after passing thereof except by a resolution passed by not 51 less than one-half of the total number of members at an ordinary or special meeting the notice whereof shall have been given fulfilling the requirements of sub-section (4) and setting forth fully the resolution which it is proposed to modify fully or cancel at such meeting and motion or proposition for modification or cancellation of such resolution.

(13) The proceeding of every meeting shall be recorded in the minutes book immediately after the deliberations of the meeting and shall after being read over by the presiding authority of the meeting be signed by him. The action taken on the decisions of the Panchayat Samiti shall be reported at the next meeting of the Panchayat Samiti. The minutes book shall always be kept in the office of the Panchayat Samiti. The Executive Officer shall be the custodian of the minute book.

(14) The Panchayat Samiti may require the presence of Government officers at its meeting. If it appears to a Panchayat Samiti that the attendance of any officer of the Government having jurisdiction over an area of a district or part of a district and not working under the Panchayat Samiti is desirable at a meeting of the Panchayat Samiti, the Executive Officer shall by a letter addressed to such officer not less than fifteen days before the intended meeting request that officer to be present at the meeting and the officer shall, unless prevented by sickness or other reasonable cause, attend the meeting :

Provided that the officer on receipt of such letter may if he for any of the reasons aforesaid is unable to be present thereat himself, instruct his deputy or other competent subordinate officer to represent him at the meeting.

47. Functions and power of Panchayat Samiti – (1) Subject to such conditions as may be prescribed by the Government from time to time, the Panchayat Samiti shall undertake the following :-

(i) Preparation of annual plans in respect of the schemes entrusted to it by virtue of this Act and those assigned to it by the Government or the Zila 52 Parishad and submission thereof to the Zila Parishad within the prescribed time for integration with the district plan;

(ii) Consideration and consolidation of annual plans of all Gram Panchayats in the Samiti and submission of the consolidated plan to the Zila Parishad;

(iii) Preparation of annual budget of the Panchayat Samiti and submission of consolidated plan to the Zila Parishad;

(iv) Performing such functions and executing such works as may be entrusted to it by the Government or the Zila Parishad;

(v) Providing relief to victims of natural calamities.

(2) Agriculture (including Agricultural Extension)-

(i) Promotion and development of agriculture and horticulture;

(ii) Maintenance of agricultural seed farms and horticultural nurseries;

(iii) Storage and distribution of insecticides and pesticides;

(iv) Propagation of improved methods of cultivation;

(v) Promotion of cultivation and marketing of vegetables, fruits, herbal plants and flowers;

(vi) Training of farmers and extension activities.

(3) Land Improvement and Soil Conservation – Assisting the Government and Zila Parishad in the implementation of land improvement and soil conservation programmes of the Government.

(4) Minor Irrigation, Water Management and Watershed Development –

(i) Assisting the Government and Zila Parishad in the construction and maintenance of minor irrigation works;

(ii) Implementation of schemes for community and individual irrigation.

(5) Poverty Alleviation Programmes – Planning and Implementation of poverty alleviation programmes and schemes.

(6) Animal Husbandry, Dairy and Poultry- 53

(i) Maintenance of veterinary and animal husbandry services;

(ii) Improvement of breed of cattle, poultry and other livestock;

(iii) Promotion of dairy farming, poultry and piggery;

(i) Prevention of epidemics and contagious diseases.

(7) Fisheries – Promotion of fisheries development.

(8) Khadi, Village and Cottage Industries –

(i) Promotion of rural cottage industries;

(ii) Organisation of conferences, seminars and training programmes, agricultural and industrial exhibitions.

(9) Rural Housing – Implementation of housing schemes and distribution of house sites.

(10) Drinking Water -

(i) Establishment, repairs and maintenance of rural water supply schemes;

(ii) Prevention and control of water pollution;

(iii) Implementation of rural sanitation schemes.

(11) Social and Farm Forestry, Minor Forest Produce, Fuel and Fodder –

(i) Planting and preservation of trees on the sides of roads and other public lands under its control;

(ii) Fuel plantation and fodder development;

(iii) Promotion of farm forestry.

(12) Roads, Buildings, Bridges, Ferries, Waterways and other means of communication-

(i) Construction and maintenance of public roads, drains, culverts and other means of communications which are not under the control of any other local authority or the Government;

(ii) Maintenance of any building or other property vested in the Panchayat Samiti;

(iii) Maintenance of boats, ferries and waterways.

(13) Non-Conventional Energy Sources- Promotion and development of nonconventional energy sources.

(14) Education, including Primary and Secondary Schools-

(i) Promotion of Primary and secondary Education;

(ii) Construction, repair and maintenance of primary school buildings.

(15) Technical Training and Vocational Education- Promotion of rural artisan and technical and vocational training.

(16) Adult and Non-formal education-Implementation of mass literacy.

(17) Cultural Activities- Promotion of social, cultural and sports activities.

(18) Market and fairs- Regulation of fairs and festivals.

(19) Health and Family Welfare –

(i) Promotion of health and family welfare programmes;

(ii) Promotion of immunization and vaccination programmes;

(iii) Health and sanitation at fairs and festivals.

(20) Women and Child Development-

(i) Promotion of programmes relating to development of women and children;

(ii) Promotion of health and nutrition programmes in the schools;

(iii) Promotion of participation of voluntary organizations in women and child development programmes.

(21) Social Welfare including welfare of the physically and mentally challenged -

(i) Social welfare programmes including welfare of physically and mentally challenged and destitutes;

(ii) Monitoring the old age and widows’ pensions and pensions for the physically and mentally challenged.

(22) Welfare of the weaker sections and in particular of the Scheduled Castes and Scheduled Tribes-

(i) Promotion of welfare of Scheduled Castes, Scheduled Tribes and other weaker sections;

(ii) Protecting such castes and classes from social injustice and exploitation.

(23) Maintenance of Community assests-

(i) Maintaining all community assets vested in it or transferred by the Government or any local authority or organization;

(ii) Preservation and maintenance of other community assets.

(24) Public Distribution System – Distribution of essential commodities.

(25) Rural Electrification- Promotion of rural electrification.

(26) Co-operation- Promotion of co-operative activities.

(27) Libraries – Promotion of libraries

(28) Such other functions as may be entrusted.

48. Assignment of functions –

(1) The Government may assign to a Panchayat Samiti functions in relation to any matters to which the executive authority of the Government extends or the functions which have been assigned to State Government by the Central Government.

(2) The Government may, by notification, withdraw or modify the functions assigned under this section.

49. General powers of the Panchayat Samiti-

(i) The Panchayat Samiti shall have power to do all acts necessary for or incidental to the carrying out of the functions entrusted or delegated to it and in particular and without prejudice to the foregoing powers to exercise all powers specified under this Act.

(ii) The Panchayat Samiti may by notification delegate to the Executive Officer or any other Officer the powers conferred by or under this Act on Panchayat Samiti.

50. Standing Committees-

(1) A Panchayat Samiti shall constitute the following committees by election from among its members for effective discharge of its functions :

(i) General Standing Committee

(ii) Finance, Audit & Planning Committee

(iii) Production Committee

(iv) Social Justice Committee

(v) Education Committee

(vi) Committee on Public Health, Family Welfare & Rural Sanitation

(vii) Public Works Committee

(2) Each committee shall consist of not less than three and not more than five members including the chairman from among the elected members.

Each committee can co-opt not more than two members from among experts or public spirited persons for effective discharge of its responsibilities.

(3) The Pramukh shall be the ex-officio member and chairman of the General standing committee and the Finance, Audit & Planning committee and shall nominate a chairman for each of the other committees. The Up Pramukh shall be the chairman of the Social Justice committee. The Pramukh shall not hold charge of chairman of more than three committees including the two as abovementioned :

Provided that each committee shall have at least one woman member and further, social justice committee shall have a member belonging to the Scheduled Castes or Scheduled Tribes.

(4) As far as possible, no elected member of the Panchayat Samiti shall serve on more than three committees.

(5) The Executive Officer shall be the ex-officio secretary of the General Standing Committee and Finance, Audit & Planning Committee. For other standing committees, the District Magistrate or any other officer authorised by him in this behalf shall nominate an officer who may be ordinarily in charge of the concerned department at the block level to function as secretary.

(6) The standing committees shall perform the functions, as referred to in Section 51 under the general guidance, supervision and control of Panchayat Samiti.

51. Functions of the Standing Committees -

(1) The General Standing Committee shall perform general functions relating to Panchayat Samiti including co-ordination of the works of other committees and all residuary functions not under the charge of other committees.

(2) Finance, Audit & Planning Committee shall perform functions relating to finance, audit, budget & planning.

(3) Production Committee shall perform functions relating to agriculture, land improvement, minor irrigation & water management, animal husbandry, dairy, poultry& fisheries, forestry-related areas, khadi, village & cottage industries and poverty alleviation programmes.

(4) Social Justice Committee shall perform functions relating to -

(a) Promotion of educational, economic, social, cultural and other interests of Scheduled Castes, Scheduled Tribes and other weaker section,

(b) Protection of such castes and classes from social injustice and all forms of exploitation and

(5) Education Committee shall perform functions relating to education, including primary, secondary and mass education, libraries and cultural activities

(6) Committee on Public Health, Family Welfare & Rural Sanitation shall perform functions relating to public health, family welfare and rural sanitation

(7) Public Works Committee shall perform functions relating to all kinds of constructions and maintenance including rural housing, sources of water supply, roads & other means of communication, rural electrification and related works.

52. Procedures of Committees -

(1) The Panchayat Samiti may frame regulations relating to election of members of committees, conduct of business therein and all other matters relating to them.

(2) The Chairman of every Committee shall in respect of the work of the Committee be entitled to call for any information, return, statement, account or report from the office of the Panchayat samiti and to enter on and inspect any immovable property of the Panchayat Samiti or work in progress connected with the work of the Committee.

(3) Each committee shall be entitled to require attendance at its meeting of any officer of the Panchayat Samiti who is connected with the work of the Committee. The Secretary shall under instruction of the Committee issue notices and secure the attendance of the officer.

53. Power to acquire, hold and dispose of Property - (1) A Panchayat Samiti shall have the power to acquire, hold and dispose of property and to enter into contracts :

Provided that in all cases of disposal of immovable property, the Panchayat Samiti shall obtain the prior approval of the Government.

(2) All roads, buildings or other works constructed by a Panchayat Samiti with its own funds shall vest in it.

(3) The State Government may allocate to a Panchayat Samiti any public property situated within its jurisdiction and thereupon such property shall come under the control of the Panchayat Samiti.

(4) Where a Panchayat Samiti requires land to carry out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement, it may make an application to the District Magistrate for the acquisition of the land, who may, if he is satisfied that the land is required for a public purpose, take steps to acquire the land under the provisions of the Land Acquisition Act, 1894 (Act 1, 1894) and such land shall, on acquisition, vest in the Panchayat Samiti.

54. Panchayat Samiti Fund - (1) For every Panchayat Samiti there shall be constituted a Panchayat Samiti Fund, bearing the name of the Panchayat Samiti and the same shall be placed to the credit thereof-

(a) contributions and grants, if any, made by the Central or the State Government including such part of the land revenue collected in the State as may be determined by the Government;

(b) contributions and grants, if any, made by the Zila Parishad or any other local authority;

(c) loans, if any, granted by the Central or the State Government or raised by the Panchayat Samiti on security of its assets;

(d) all receipts on account of tolls, rates and fees levied by it;

(e) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works vested in, constructed by or placed under the control and management of the Panchayat Samiti;

(f) all sums received as gift or contributions and all income from any trust or endowment made in favour of the Panchayat Samiti;

(g) such fines or penalties imposed and realized under the provisions of this Act or of the bye-laws made thereunder, as may be prescribed;

and

(h) all other sums received by or on behalf of the Panchayat Samiti.

(2) Every Panchayat Samiti shall set apart and apply annually such sums as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees.

(3) Every Panchayat Samiti shall have power to spend sums as it thinks fit for fulfilling the purposes of this Act.

(4) The Panchayat Samiti Fund shall be vested in the Panchayat Samiti and the balance to the credit of the Fund shall be kept in such custody as the Government may, from time to time, direct.

(5) Subject to such general control as the Panchayat Samiti may exercise from time to time, all orders and cheques for payments from the Panchayat Samiti Fund shall be singed by the Executive Officer.

55. Taxation –

(1) Subject to such rules and the maximum rates as the Government may prescribe, a Panchayat Samiti may-

(a) levy tolls in respect of any ferry established by it or under its management;

(b) levy the following fees and rates, namely-

(i) fee on the registration of vehicles, which are not registered under any other law for the time being in force;

(ii) a fee for providing sanitary arrangements at such places of pilgrimage, haats and melas within its jurisdiction as may be specified by the Government by notification;

(iii) a fee for license for a haat or market;

(iv) a water rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by or on behalf of the Panchayat Samiti within its jurisdiction;

(v) a lighting rate, where arrangement for lighting of public streets and places is made by or on behalf of the Panchayat Samiti within its jurisdiction.

(2) The Panchayat Samiti shall not undertake registration of vehicle or levy fee there for and shall not provide sanitary arrangements at places of pilgrimage, haats and melas within its jurisdiction or levy fee there for, if any such vehicle has already been registered by any other authority under any law for the time being in force or if such provisions for sanitary arrangement have already been made by any other local authority.

(3) The scale of fees or rates and the terms and conditions for the imposition thereof shall be such as may be provided under by bye-laws.

(4) Such bye-laws may provide for exemption from all or any of the fees or rates in any class of cases.

56. Loans and Sinking Funds – (1) A Panchayat Samiti may subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force raise from time to time with the approval of the State Government, loans for the purposes of this Act and create a sinking fund for the repayment of such loans.

(2) A Panchayat Samiti may borrow money from the Government or, with the previous sanction of the Government from banks or other financial institutions for furtherance of its objective on the basis of specific schemes as may be drawn up by the Panchayat Samiti for the purpose.

57. Budget of the Panchayat Samiti- Every Panchayat Samiti shall at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year and shall get it approved in its meeting by a majority of members present and for which the quorum shall be not less than fifty percent of its total number of members.

58. Accounts- The Panchayat Samiti shall keep accounts in such form as may be prescribed.

59. Audit - (1) The audit of the accounts of the Panchayat Samiti shall be carried out by the authority as may be prescribed by the Government and a copy of the audit report shall be forwarded to the Panchayat Samiti within one month of the completion of the audit.

(2) On receipt of the audit report referred to in sub-section (1) the Panchayat Samiti shall either remedy any defects or irregularities which have been pointed out in the audit and send an intimation to the prescribed authority within three months of the action taken or to be taken and furnish any further explanation to the prescribed authority in regard to such defects or irregularities as it may wish to give.

(3) Apart from audit conducted by the prescribed authority mentioned in sub-section (1) above, concurrent audit or special audit of a Panchayat Samiti may be carried out in the manner prescribed for this purpose.

60. Staff of Panchayat Samiti – (1) The Government shall appoint an officer not below the rank of a Deputy Collector to be the Executive Officer of the Panchayat Samiti.

(2) The Government may post from time to time such number of officers and staff of the State Government to serve under the Panchayat Samiti as the Government may consider necessary.

(3) Subject to such rules as may be made by the State Government in this behalf, a Panchayat Samiti may from time to time engage such number of paid or honorary functionaries or professionals as may be required by it for carrying out its functions.

61. Powers and Functions of the Executive Officer and other Officers- (1) Save as otherwise expressly provided by or under this Act the Executive Officer shall- 63

(a) exercise all the powers specifically imposed or conferred upon him by or under this Act or under any other law or rules for the time being in force;

(b) lay down the duties of, supervise and control the officers and staff holding office under the Panchayat Samiti in accordance with rules made by the Government;

The Bihar Panchayat Raj Act, 2006

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