78. Powers to revise or modify decisions of committees.—Every Gram Panchayat and every Zilla
Parishad shall have power to revise or modify any decision taken by any of its committees.
79. Powers of Gram Panchayats to make bye-laws.—(1) A Gram Panchayat may, subject to the
provisions of this Act and the rules made thereunder and with the previous sanction of the Zilla Parishad
make bye-laws to carry out the purposes of this Act.
(2) In making any bye-laws under sub-section (1) the Gram Panchayat may provide that a
contravention thereof shall be punishable with such fine as may be prescribed.
(3) Any such bye-law may also provide that a person contravening the same shall be required to
remedy so far as it lies in his power, the mischief, if any, caused by such contravention.
(4) All bye-laws made under this section shall be subject to the condition of previous publication and
such publication shall be in such manner as may be prescribed.
80. Powers of Zilla Parishad to make Regulations.—(1) A Zilla Parishad may subject to the
provisions of this Act and the rules made thereunder and with the previous sanction of the Government,
by notification, make regulations to carry out the purposes of this Act in so far as it relates to its powers
and duties.
(2) The regulations made under sub-section (1) shall be subject to the condition of previous
publication and such publication shall be in such manner as may be prescribed.
81. Powers of Government to make model regulations and bye-laws.—(1) The Government may,
subject to the provisions of this Act and the rules made thereunder and after previous publication of the
draft for not less than one month, make model regulations and bye-laws for Zilla Parishads and Gram
Panchayats respectively.
(2) A Gram Panchayat or a Zilla Parishad may by resolution adopt the model bye-laws or regulations,
as the case may be, made under sub-section (1), and such bye-laws and regulations shall come into force
32
within the jurisdiction of the Gram Panchayat or Zilla Parishad from such date as the Gram Panchayat or
Zilla Parishad as the case may be, may specify in a notice published in the prescribed manner.
82. Powers of Government to dissolve and reconstitute Gram Panchayat and Zilla Parishad in
case of alteration of area.—(1) When on account of the reason that the limits of an area of Gram
Panchayat or Zilla Parishad, are altered, the Government may by order published in the Official Gazette
dissolve such Panchayat or Parishad, from a date, specified in the order and direct that Gram Panchayat or
Zilla Parishad concerned:—
(i) be reconstituted for the Panchayat area of which the Gram Panchayat or the district of which
Zilla Parishad has been dissolved; or
(ii) be established for a Panchayat area, or district which has been newly constituted.
(2) The members of the Gram Panchayat or Zilla Parishad which has been dissolved under
sub-section (1) shall vacate their office from the date specified in the order of the Government.
(3) The Gram Panchayat or Zilla Parishad reconstituted or established under the provisions of
sub-section (1) shall consist of members nominated by the Government and such members shall as far as
practicable be persons who are members of the Gram Panchayat or Zilla Parishad which has been
dissolved under sub-section (1).
(4) The Chairpersons of Gram Panchayat or Zilla Parishad shall be elected in the manner provided in
this Act.
(5) The term of the Gram Panchayat or Zilla Parishad so reconstituted or established shall be for such
period not exceeding six months as the Government shall by order specify.
(6) Before the expiry of the term of the Gram Panchayat or Zilla Parishad constituted in accordance
with the provisions of sub-section (5), a Gram Panchayat or Zilla Parishad shall be constituted in the
manner provided under this Act:
Provided that where the remainder of the period for which the dissolved Gram Panchayat or Zilla
Parishad would have continued is less than six months it shall not be necessary to hold an election under
this section for constituting a Gram Panchayat or a Zilla Parishad for such period.
(7) A Gram Panchayat or Zilla Parishad constituted under sub-section (1) shall continue only for the
remainder of the period for which the dissolved Gram Panchayat or Zilla Parishad would have continued
had it not been so dissolved.
(8) When a Gram Panchayat or a Zilla Parishad has been dissolved and reconstituted or established
under this section so much of the Gram Panchayat or Zilla Parishad fund and other property vesting in the
Gram Panchayat or Zilla Parishad which has been dissolved shall vest in and such portion of the debts,
and obligations shall be transferred to, the Gram Panchayat or Zilla Parishad reconstituted or established
under this section as the Government may direct by an order made in writing.
(9) The rights and liabilities of the dissolved Gram Panchayat or Zilla Parishad in respect of civil and
criminal proceedings, contracts, agreements and other matters or things arising in and relating to any part
of the area subject to the authority of the Gram Panchayat or Zilla Parishad reconstituted or established
shall vest in such Gram Panchayat or Zilla Parishad.
(10) Any appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulation or
form made, issued, imposed or granted by the Gram Panchayat or Zilla Parishad which has been
dissolved in respect of any part of the area subject to the authority of the Gram Panchayat or Zilla
Parishad which has been reconstituted or established, shall be deemed to have been made, issued,
imposed or granted by such Gram Panchayat or Zilla Parishad unless and until it is suspended by any
appointment, notification, notice, form, order, scheme, licence, permission, rule and regulation made,
issued, imposed or granted by such Gram Panchayat or Zilla Parishad.
83. Dissolution of Gram Panchayats and Zilla Parishad in certain other cases.—(1) If, in the
opinion of the Zilla Parishad, a Gram Panchayat exceed or abuses its powers or is not competent to
perform or makes persistent default in the performance of the duties imposed on it under this Act or any
33
other law for the time being in force, the Zilla Parishad may by order published in the Official Gazette,
dissolve such Gram Panchayat.
(2) If in the opinion of the Government, a Zilla Parishad exceeds or abuses its powers or is not
competent to perform or makes persistent default in the performance of the duties imposed on it under
this Act or any other law for the time being in force, the Government may, by an order published in the
Official Gazette, dissolve such Zilla Parishad.
(3) Before publishing an order under sub-section (1) or sub-section (2) the Zilla Parishad or the
Government shall communicate to the Gram Panchayat or to the Zilla Parishad, as the case may be, the
grounds on which it proposes to do so, and fix a reasonable period for the Panchayat concerned to show
cause against the proposal and consider its explanation and objections, if any.
(4) When a Gram Panchayat or Zilla Parishad is dissolved all the members of Gram Panchayat or
Zilla Parishad shall, from the date specified in the order, vacate their office as such members.
(5) If a Gram Panchayat or Zilla Parishad is dissolved:—
(a) all the powers and duties of the Gram Panchayat or Zilla Parishad shall, during the period of
its dissolution be exercised and performed by such person or persons as the Zilla Parishad or the
Government, as the case may be, may from time to time, appoint in this behalf;
(b) all property vested in the Gram Panchayat or Zilla Parishad shall during the period of
dissolution vest in the Zilla Parishad or the Government, as the case may be; and
(c) the person is vacating office on dissolution shall be eligible for re-election.
84. Inquiry into the affairs of the panchayats by the Government.—(1) The Government may, at
any time for reasons to be recorded in writing, cause any inquiry to be made by any of its officers in
regard to any Gram Panchayat or Zilla Parishad on matters concerning it, or any matters with respect to
which the sanction, approval, consent or orders of the Government is required under this Act.
(2) The Officer holding such inquiry shall have the powers of the Civil Court under the Code of Civil
Procedure, 1908 (5 of 1908) to take evidence and to compel attendance of witnesses and production of
documents for the purposes of the inquiry.
(3) The Government may make orders as to costs of inquiries made under sub-section (1) and as to
the parties by whom and the funds out of which they shall be paid and such order may, on the application
of the Commissioner or of any person named therein be executed as if it were a decree of a Civil Court.
85. Inspection of Development Schemes.—(1) For the purpose of efficient and economical
execution of any works or development schemes undertaken by a Gram Panchayat or Zilla Parishad an
officer or person authorised by general or special order of the Government, if he considers it necessary to
give technical guidance or assistance to any officer of or under the Gram Panchayat or Zilla Parishad who
is charged with the execution or maintenance of any such work or development scheme, then the officer
or person so authorised may periodically inspect such works or development schemes to give such
guidance, assistance or advise as he thinks necessary in relation to such works or development schemes
and shall forward to the Gram Panchayat or Zilla Parishad a report on the inspection made pointing out
therein any irregularities noticed, and suggestions for improvement.
(2) In implementation of the plans or schemes all the rules applicable to Government Departments
such as for purchase, tender, quality control, technical sanctions, accounts and audit and supervision shall
mutatis mutandis be applicable in case of a Panchayat.
86. Directions from the Government.—(1) Notwithstanding anything contained in this Act it shall
be lawful for the Government to issue directions to any Gram Panchayat or Zilla Parishad in matters
relating to State and National Policies and such directions shall be binding on the Gram Panchayat or
Zilla Parishad.
(2) The Government may:—
(a) call for any record, register or any other document in possession under the control of any
Gram Panchayat or Zilla Parishad;
34
(b) require any Gram Panchayat or Zilla Parishad to furnish in return, plan, estimate, statement,
account or statistics; and
(c) require any Gram Panchayat or Zilla Parishad to furnish any information or report on any
matter connected with such Gram Panchayat or Zilla Parishad.
87. Commissioner and Chief Executive Officer’s powers in respect of Gram Panchayat and
Zilla Parishad.—(1) The Chief Executive Officer may in respect of Gram Panchayat exercise the
following powers, namely:—
(a) call for proceedings of any Gram Panchayat or any extract of any book or document in the
possession of or under the control of the Gram Panchayat or any return or statement of account or
report;
(b) require a Gram Panchayat, to take into consideration any objection which appears to him to
exist to the doing of anything which is about to be done or is being done by such Gram Panchayat or
any information which appears to him to necessitate the doing of anything by such Gram Panchayat
or within such period as he may fix;
(c) order a duty to be performed within a specified period if a Gram Panchayat has made default
in the performance of any duty and if such duty is not performed within the specified period, to
appoint a person to perform such duty and direct that the expenses thereof shall be paid by the
defaulting Gram Panchayat within such period as he may fix;
(d) direct a Gram Panchayat to levy any tax if it has failed to do so in accordance with the
provision of this Act;
(e) call for meetings of the Gram Panchayat, or any of its committees if no meeting of the Gram
Panchayat or its committees has been held in accordance with the provisions of this Act or rules made
thereunder.
(2) The Gram Panchayat may appeal to the Commissioner, against any order made under clause (c) of
sub-section (1) by the Chief Executive Officer within thirty days from the date of such order.
(3) The Commissioner may in respect of Zilla Parishad exercise the following powers, namely:—
(a) call for proceedings of any Zilla Parishad or any extract of any book or document in the
possession of or under the control of the Zilla Parishad or any return or statement of account or
report;
(b) require a Zilla Parishad, to take into consideration any objection which appears to him to exist
to the doing of anything which is about to be done or is being done by such Zilla Parishad or any
information which appears to him to necessitate the doing of anything by such Zilla Parishad or
within such period as he may fix;
(c) order a duty to be performed within a specified period if a Zilla Parishad has made default in
the performance of any duty and if such duty is not performed within the specified period, to appoint
a person to perform such duty and direct that the expenses thereof shall be paid by the defaulting Zilla
Parishad within such period as he may fix;
(d) call for meetings of the Zilla Parishad or any of its committees if no meeting of the Zilla
Parishad or its committees has been held in accordance with the provisions of this Act or rules made
thereunder.
(4) The Zilla Parishad may appeal to the Government, against any order made under clause (c) of
sub-section (3) by the Commissioner, within thirty days from the date of such order.
88. Power of Government and Chief Executive Officer to provide for performance of duties in
default of Gram Panchayat or Zilla Parishad.—When the Government in case of a Zilla Parishad and
the Chief Executive Officer in case of a Gram Panchayat is informed on complaint made or otherwise,
that any Zilla Parishad or Gram Panchayat has made default in performing any duty imposed on it, by or
under this Act, or by or under any law for the time being in force and if the Government or Chief
Executive Officer, as the case may be, is satisfied after due enquiry that any Zilla Parishad or Gram
35
Panchayat, has failed in the performance of such duty, the Government or the Chief Executive Officer, as
the case may be, may fix a period for the performance of that duty:
Provided that no such period shall be fixed unless the Zilla Parishad or Gram Panchayat concerned
has been given an opportunity to show cause why such an order shall not be made.
89. Zilla Parishad's power of suspending the executions of order, etc., of Gram Panchayat.—(1)
If in the opinion of the Zilla Parishad the execution of any order or resolution of a Gram Panchayat or any
order of any authority or Officer of a Gram Panchayat or the doing anything which is about to be done, or
is being done, by or on behalf of a Gram Panchayat is unjust, unlawful, improper or is causing or is likely
to cause injury or annoyance to the public or to lead to a breach of the peace, it may by order suspend the
execution of or prohibit the doing thereof.
(2) When the Zilla Parishad makes an order under sub-section (1) it shall forthwith forward to the
Government and to the Gram Panchayat affected thereby a copy of the order with a statement of the
reasons for making it and it shall be in the discretion of the Government to confirm or resind the order or
to direct that it shall continue to be in force with or without modification permanently or for such period
as it thinks fit:
Provided that no order of the Zilla Parishad made under this section shall be confirmed, revised or
modified by the Government without giving the Gram Panchayat reasonable opportunity of showing
cause against the said order.
90. Government’s power of suspending execution of unlawful orders or resolutions.—(1) If on
the receipt of a report from the Chief Executive Officer in this behalf or otherwise the Government is of
the opinion that execution of any order or resolution of Zilla Parishad or the doing of anything which is
about to be done or is being done by on behalf of a Zilla Parishad is unjust, unlawful, or improper or is
causing or is likely to cause injury or annoyance to the public or to lead to a breach of the peace, it may,
by an order suspend the execution or prohibit the doing thereof.
(2) When the Government makes an order under sub-section (1), it shall forthwith forward to the Zilla
Parishad affected thereby a copy of the order with a statement of reasons for making it and the
Government may confirm or rescind the order or direct that it shall continue to be in force with or without
modification permanently or for such period as it thinks fit:
Provided that no order under this sub-section shall be made by the Government without giving the
Zilla Parishad concerned a reasonable opportunity of showing cause against the said order.
91. Purchase of store and equipment.—(1) The Government may by general or special order
provide for all any of the following matters, namely:—
(a) the manner in which purchase of stores, equipments, machineries and other articles required
by the Zilla Parishad or Gram Panchayat shall be made by them;
(b) the manner in which tender for works, contracts and supplies shall be invited and examined
and accepted by the Gram Panchayat or Zilla Parishad;
(c) the manner in which works, and development schemes may be executed and inspected and
payment may be made in respect of such works an schemes; and
(d) constitution of committee for the purposes of this sub-section.
(2) Save as otherwise expressly provided in sub-section (1), in respect of all other matters relating to
withdrawal of funds, form of bills, incurring of expenditure maintenance of accounts, rendering of
accounts and such other matters, the rules, of implementation as applicable to Departments of the
Government shall mutatis mutandis apply in case of a Gram Panchayat and Zilla Parishad.
92. Power to appoint Administrator in certain cases.—(1) Whenever,—
(a) any general election to a Zilla Parishad under this Act or any proceedings consequent thereon
has been stayed by an order of a competent court, or authority; or
36
(b) all the members or more than two-thirds of the members of a Zilla Parishad have resigned,
the Government shall by notification in the Official Gazette appoint an Administrator for such period as
may be specified in the notification and may, by like notification, curtail or extend the period of such
appointment, so however, that the total period of such appointment shall not exceed six months.
(2) Notwithstanding anything contained in this Act, on the appointment of an Administrator under
sub-section (1) the Zilla Parishad and the Committees thereof and the Adhyaksha, or Up-Adhyaksha of
such Zilla Parishad charged with carrying out the provisions of this Act, or any other law, shall cease to
exercise any powers and perform and discharge any duties or functions conferred or imposed on them by
or under this Act or any other law and all such powers shall be exercised and all such duties and functions
shall be performed and discharged by the Administrator during the period of such appointment.
93. Removal of members for misconduct, etc.—The Government if it thinks fit on the
recommendation of the Gram Panchayat or Zilla Parishad or otherwise, may remove any member after
giving him an opportunity of being heard and after such enquiry as it deems necessary if such members
has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or has become
incapable of performing his duties as a member.
94. Restrictions on withdrawal of powers and functions from the Panchayats.—(1)
Notwithstanding the transfer of any power, functions and duties in respect of any matter to a Panchayat
under this Act the Government on a proposal from Panchayat in that behalf or where it is satisfied that by
reason of a change in the nature of the matter such as the conversion of a primary health centre into a
secondary health centre or hospital or the conversion of a seed multiplication farm into an agricultural
research farm or a road becoming a part of a highway, the matter would cease to be a matter in relevant
Panchayat functions list and it is necessary to withdraw from the Panchayat powers, functions or duties in
respect of such matter, may, by notification in the Official Gazette, withdraw such powers, functions and
duties with effect from the date specified in the notification and make such incidental and consequential
orders as may be necessary to provide for matters including the taking over of the property, right and
liabilities, if any vesting in the Panchayat and of the staff, if any, which may have been transferred to the
Panchayat as the case may be.
95. Preparation of development plans.—(1) Every Gram Panchayat shall prepare every year a
development plan and submit it to the Zilla Parishad before such date and in such form as may be
prescribed.
(2) Every Zilla Parishad shall prepare every year a development plan of the District after including
the development plans of the Gram Panchayat and submit it to the District Planning Committee
constituted under section 96 of this Act.
96. District Planning Committee.—(1) The Government shall constitute in every district a District
Planning Committee to consolidate the plans prepared by the Zilla Parishad, Gram Panchayats, Nagar
Panchayat, Municipal Council and Municipal Corporation in the district and to prepare a draft
development plan for the district as a whole.
(2) The District Planning Committee shall consist of—
(a) members of the House of the People who represent the whole or part of the district;
(b) all the members or the State Legislative Assembly whose constituencies lie within the district;
(c) Adhyaksha of the Zilla Parishad;
(d) Mayor or the President of the Municipal Corporation or the Municipal Council respectively,
having jurisdiction over the headquarters of the district; and
(e) such number of persons not less than four-fifth of the total number of members of the
Committee as may be specified by the Government elected in the prescribed manner from amongst the
members of the Zilla Parishad, Nagar Panchayat and Councillors of the Municipal Corporation and the
Municipal Councils in the district, in proportion to the ratio between the population of the rural areas and
of the urban areas in the district.
(3) The Chairman of the District Co-operative Banks and of the Land Development Bank shall be
permanent invitees of the Committee.
37
(4) The Chief Executive Officer shall be the Secretary of the Committee.
(5) The Deputy Commissioner of the districts shall be the Chairman of the District Planning
Committee.
(6) The District Planning Committee shall consolidate the plans prepared by the Zilla Parishad, Gram
Panchayat, Nagar Panchayat, Municipal Council and the Municipal Corporations in the district and
prepare a draft development plan for the district as a whole.
(7) Every District Planning Committee shall in preparing the draft development plan:—
(a) have regard to—
(i) the matters of common interest between the Zilla Parishad, Gram Panchayats, Nagar
Panchayats, Municipal Corporation and Municipal Councils in the district including spatial
planning sharing of water and other physical and natural resource, the integrated development of
infrastructure and environmental conservation,
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and organisations as the Government may by order specify.
(8) The Chairman of every District Planning Committee shall forward the development plan, as
recommended by such Committee to the Government.
97. Finance Commission for Panchayats.—(1) The Governor shall constitute every five years a
Finance Commission to review the financial position of the Zilla Parishads and Gram Panchayats and to
make recommendations to the Government as to—
(a) the principles which should govern—
(i) the distribution between the State and the Zilla Parishads and the Gram Panchayats and the
net proceeds of the taxes, duties, tolls and fees leviable by the Government which may be divided
between them and allocation between the Zilla Parishad and Gram Panchayat of their respective
shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to or
appropriated by the Zilla Parishad and Gram Panchayat;
(iii) the grants-in-aid to the Zilla Parishads and Gram Panchayats from the Consolidated Fund
of the State;
(b) the measures needed to improve the financial position of the Zilla Parishads and Gram
Panchayats; and
(c) any other matter referred to the Finance Commission by the Governor in the interest of sound
finance of the Zilla Parishads and Gram Panchayats.
(2) The Finance Commission shall consist of a member.
(3) The member of Finance Commission shall be appointed in such manner as may be prescribed
from among persons who—
(a) have experience in public affairs; or
(b) are or have been, or are qualified to be appointed as a Judge of a High Court; or
(c) have special knowledge of the finances and accounts of Governments; or
(d) have had wide experience in financial matters and in administration; or
(e) have special knowledge of economics.
(4) The Finance Commission shall determine its procedure.
38
(5) The member of the Finance Commission may resign his office by writing under his hand and
addressed to the Governor but he shall continue in office until his resignation is accepted by the
Governor.
(6) The casual vacancy occurring due to the resignation of the member under sub-section (5) or for
any other reason may be filled by fresh appointment and a member so appointed shall hold office for the
remaining period for which the member in whose place as he was appointed would have held office.
(7) In the performance of its functions, the Commission shall have the following powers, namely:—
(a) to call for any record from any officer or authority;
(b) to summon any person to give evidence or produce records; and
(c) such other powers as may be prescribed.
(8) The Governor shall cause every recommendation made by the Finance Commission under this
section together with an explanatory memorandum as to the action taken thereon to be laid before the
State Legislature.
98. State Election Commission.—(1) There shall be a State Election Commission constituted by the
Government for superintendence, direction and control of the preparation of electoral rolls for, and the
conduct of all elections to the Panchayat bodies in the State under this Act and the rules made thereunder.
(2) The Commission shall consist of a State Election Commissioner to be appointed by the Governor.
(3) The conditions of services and tenure of office of the State Election Commissioner shall be such
as the Governor may by rule determine:
Provided that the State Election Commissioner shall not be removed from his office except in like
manner and on the like grounds as a Judge of the High Court and the conditions of service of the State
Election Commissioner shall not be varied to his disadvantage after his appointment.
(4) The Government shall, when so requested by the State Election Commission, make available to
the State Election Commission such staff as may be necessary for the discharge of the functions conferred
on the State Election Commission under this Act.
99. Determination of elected members after Census.—Upon the publication of the figures of each
Census, the number of elected members of a Panchayat shall be determined by the State Government on
the basis of the population of the Panchayat area as ascertained at that Census:
Provided that the determination of the number as aforesaid shall not affect the then composition of the
Panchayats existing at the time of the publication of Census under this section until the expiry of its term.
100. Qualification of membership for election to Panchayat or Zilla Parishad.—Every person
whose name is in the list of voters within the Gram Panchayat or Zilla Parishad constituency and is
ordinarily resident within the Gram Panchayat or Zilla Parishad area shall, unless disqualified under this
Act or under any other law for the time being in force, be qualified to be elected as a member of the Gram
Panchayat:
Provided that in the case of seats reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes and women, no person who is not a member of any of the Scheduled Castes or Scheduled
Tribes or Backward Classes or is not a women, as the case may be, shall be qualified to be elected to such
seat.
101. Disqualification for Memberships.—(1) A person shall be disqualified for being chosen and
for being a member of a Gram Panchayat or Zilla Parishad,—
(a) if he has not attained the age of twenty-one years;
(b) if he is so disqualified by or under any law for the time being in force for the purposes of
elections to the State Legislatures;
39
(c) if an order has been passed against him under section 117 of the Code of Criminal Procedure,
1973 (2 of 1974), in proceedings instituted under section 110 of the Code, such order not having been
subsequently revised or quashed; or
(d) if he has been dismissed from the service under any local authority; or
(e) if, having been a legal or medical practitioner or a chartered accountant, his name has been
removed from the rolls or he is suspended by order of a competent authority, the disqualification in
the latter case being operative during the period of such suspension; or
(f) if he has been removed from membership of any local authority; or
(g) if he holds any office of profit under any local or other authority subject to the control of the
Central Government, the State Government or the Government of any other State, other than such
offices as are declared by rules made under this Act not to disqualify the holder.
Explanation.—For the purpose of this clause, a person shall not be deemed to hold any office of
profit under the Gram Panchayat or Zilla Parishad by reason only that he is a Pradhan or Up-Pradhan
of the Gram Panchayat or an Adhyaksha or Up-Adhyaksha of Zilla Parishad;
(h) if, save as hereinafter provided he has directly or indirectly any share or interest in any work
done by order of the Gram Panachayat or the Zilla Parishad or in any contract or employment with, or
under, or by, or on behalf of the Gram Panachayat or the Zilla Parishad; or
(i) if he is employed as a paid legal practitioner on behalf of the Gram Panchayat or the Zilla
Parishad or accepts employments as legal practitioner against the Gram Panchayat or Zilla Parishad;
or
(j) if arrears of any kind are due by him to the Gram Panchayat or the Zilla Parishad under this
Act:
Provided that,—
(a) the disqualification in clause (b) shall cease to operate after the expiry of the period during
which a person is ordered to furnish security;
(b) the disqualification in clause (d) or clause (e) shall cease to operate after the expiry of five
years from the date of such sentence or dismissal, or disenrolment or earlier by an order of the
Government;
(c) the disqualification in clause (f) shall cease to operate after the expiry of five years from the
date of such removal;
(d) a person shall not be deemed to have incurred disqualification under clause (h) by reason of
his,—
(i) having a share in any joint stock company or a share or interest in any association
registered under the Manipur Societies Registration Act, 1989 (1 of 1990) in any co-operative
society, which shall contract with or be employed by or on behalf of the Gram Panchayat or the
Zilla Parishad; or
(ii) having a share or interest in any newspaper in which any advertisement relating to the
affairs of the Gram Panchayat or the Zilla Parishad is inserted; or
(iii) holding a debenture or being otherwise concerned in any loan raised by or on behalf of
the Gram Panchayat or the Zilla Parishad.
(2) If any question arises as to whether a member of a Panchayat at any level has become subject to
any of disqualification mentioned in sub-section (1), the question referred for the decision of Election
Tribunal.
(3) If a person who is chosen as a member of a Panchayat is or becomes Member of the House of the
People, the Council of States, the State Legislative Assembly or the State Legislative Council, or is or
becomes a Municipal Councillor or a Councillor of Municipal Corporation or a Member of a Sanitary
40
Board, and other Panchayat, then within fifteen days from the date of commencement of the term of
office of a Member of the House of the People, the Council of States, the State Legislative Assembly or
State Legislative Council or of a Municipal Councillor or a Councillor of a Municipal Corporation or a
Member of such other Panchayat his seat in the Panchayat shall become vacant unless he has previously
resigned his seat in the House of the People, the Council of States, the State Legislative Assembly or the
State Legislative Council or the Municipal Corporation of the Board or such other Panchayat, as the case
may be.
102. Power of State Government to rescind or suspend resolution of a Gram Panchayat or Zilla
Parishad.—(1) The State Government may, within a period of six months, by order in writing, rescind
any resolution passed by a Gram Panchayat or a Zilla Parishad, if in its opinion such resolution,—
(a) has not been legally passed; or
(b) is in excess, or abuse of the powers conferred by, or under this Act or in rules made
thereunder.
(2) The State Government shall, before taking any such action under sub-section (1) give the Gram
Panchayat or the Zilla Parishad concerned an opportunity for making representation against the proposed
order.
103. Constitution of Election Tribunal.—(1) The Government shall constitute Election Tribunal
consisting of one member to be appointed by that Government to dispose of:—
(i) all election petitions challenging elections to a Panchayat;
(ii) matters relating to disqualification of a member of the Panchayat; and
(iii) any other election matter,
in such manner as may be prescribed.
(2) The Headquarter of the Tribunal shall be at such place as may be notified.
(3) The decision of the Election Tribunal made under sub-section (1) shall be final.
104. Annual Administration report.—(1) As soon as may be after the first day of April in every
year and not later than such date as may be fixed by the Government, the Chief Executive Officer of the
Zilla Parishad shall prepare a report on the administration of the Zilla Parishad during the preceding year
in such form and with such details as the Government may direct and submit the report to the Zilla
Parishad. After approval by the Zilla Parishad the report shall be submitted to the Government.
(2) The report submitted to the Government under sub-section (1) shall together with a memorandum
by the Government reviewing the working of the Zilla Parishad be laid before the House of the State
Legislature.
105. Power to make Rules.—(1) The State Government may, by notification In the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any
of the following matters, namely:—
(a) the procedure for convening and holding the meetings of Gram Sabha under section 6;
(b) the manner for publication of Electoral Rolls of Gram Panchayat and the authority competent
to publish the same as referred to in sub-section (1) of section 16;
(c) the manner for filing an appeal against the order of the authority publishing the Electoral Rolls
as referred to in sub-section (5) of section 13;
(d) the rotation of the reserved seats in constituencies of a Gram Panchayat under sub-sections (1)
and (3) of section 19;
(e) the procedure for election of Pradhan and members of Gram Panchayat under section 21;
(f) the manner for filling up the casual vacancies in Gram Panchayat referred to in sub-section (1)
of section 23;
41
(g) the payment of honorarium and other allowances to Pradhan and Up-Pradhan under
sub-section (2) of section 27;
(h) powers, functions and duties of Pradhan and Up-Pradhan as referred to in clause (g) of
sub-section (1) and clause (c) of sub-section (2) of section 28;
(i) the authority competent to receive and accept the resignation of Pradhan and Up-Pradhan;
(j) the officers to whom the notice of meeting of the Gram Panchayat is to be forwarded by the
Secretary under sub-section (3) of section 32;
(k) the manner for co-opting the members by Standing Committee under clause (b) of
sub-section (2) of section 38;
(l) the custody in which Gram Panchayat fund shall be kept as referred to in clause (c) of
sub-section (2) of section 39;
(m) the procedure for preparation and approval of the budget of Gram Panchayat under section 42
and maintenance of accounts and its audit under sections 43 and 44;
(n) appointment, terms and conditions of service, pay and allowances and other service conditions
of the Secretary as referred to in section 45;
(o) the manner of election of members to Zilla Parishad under section 50;
(p) the manner for filling up the casual vacancy in Zilla Parishad referred to in section 51;
(q) the rotation of reserved seats in constituencies of Zilla Parishad under sub-sections (1) and (3)
of section 52;
(r) the manner for reservation of seats of Adhyaksha and Up-Adhyaksha of Zilla Parishad
referred to in sub-section (2) of section 54;
(s) salary and allowances of Adhyaksha and Up-Adhyaksha and sitting fee and other allowances
to the members of Zilla Parishad under section 55;
(t) powers, functions and duties of Adhyaksha and Up-Adhyaksha referred to in section 56;
(u) the authority competent to receive and accept the resignation of Adhyaksha and
Up-Adhyaksha under sub-section (2) of section 57;
(v) the additional duties to be performed by the Committees under sub-section (8) of section 66;
(w) the maximum rate of taxes to be levied by a Zilla Parishad;
(x) preparation and approval of budget for Zilla Parishad under section 72;
(y) maintenance of accounts of Zilla Parishad and their audit referred to in sections 73 and 74;
(z) the terms and conditions for appointment of Additional Chief Executive Officer, Chief
Accounts Officer, Chief Planning Officer and other staff members under section 75;
(aa) the superintendence and control of the affairs of Zilla Parishad by the Chief Executive
Officer referred to in clauses (c) and (e) of sub-section (1) of section 76;
(ab) the limits of fine to be imposed by Gram Panchayat under sub-section (2) of section 79 and
the manner of publication of bye-laws of Gram Panchayat under sub-section (4) of the said section;
(ac) the manner for appointment of member of Finance Commission referred to in sub-section (3)
of section 97.
(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the
Legislative Assembly while it is in session, for a total period of twenty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the successive sessions aforesaid, the House agrees in making modification in
the rule or that the rule should not be made, the rule shall thereafter have effect only in such modified
42
form or be of no effect, as the case may be, so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done under that rule.
106. Bar to interference by Courts in electoral matters.—Notwithstanding anything in this Act—
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seat to
such constituencies, made or purporting to be made under the relevant provision of the Constitution
of India shall not be called in question in any Court;
(b) no election to any Panchayat shall be called in question in any Court.
107. Taking of oath.—Every member, Adhyaksha or Up-Adhyaksha of the Zilla Parishad and every
Member, Pradhan or Up-Pradhan of a Gram Panchayat shall before taking his seat, make at a meeting of
the Zilla Parishad or Gram Panchayat as the case may be, an oath or affirmation of his allegiance to the
Constitution of India in the following form, namely:—
I,............................................................... being a Member/Adhyaksha/Up-Adhyaksha/Pradhan/
Up-Pradhan of the.................................... do swear in the name of God (or solemnly affirm) that I will
bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully
discharge the duty upon which I am about to enter.
108. Repeal and savings.—(1) The Manipur Panchayati Raj Act, 1975 (Manipur Act 12 of 1975) is
hereby repealed.
(2) Notwithstanding the repeal of the Manipur Panchayati Raj Act, 1975 (hereinafter referred to as the
repealed Act) the repeal shall not affect:—
(a) the previous operations of the repealed Act or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the repealed
Act; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed under the
repealed Act; or
(d) any investigation, legal proceedings or remedy in respect of such right, privilege, obligation,
liability, forfeiture or punishment as aforesaid, and any such investigation, legal proceedings or
remedy may be instituted, continued or enforced, and any such penalty, foreiture or punishment may
be imposed as if this Act had not been passed.
109. Removal of difficulties.—If any difficulty arises in giving effect to the provisions of this Act,
the Government, may by order, published in the Official Gazette as the occasion may require, do anything
which appears to it to be necessary to remove the difficulty.