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THE SIKKIM PANCHAYAT ACT, 1993
1993 · State unknown · central · act_text
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Subordinates
Sections (177)
1 · . Short title , extent and commencement
2 · . De,illitlol1s,
8 · . Convening of 111(!~linqsof Grarn Sabha.
10 · . Matters for consideratton of Gram Sabha,
23 · . Powers and duties of SabhapaU .
24 · Powers and duties of Up-sabnapat ' .
25 · Right of Individual member .
31 · . Sachlva of Gram Panchayat .
34 · . Obligatory dU , tlesof Gram Panchayat:
35 · . Other duties of Gram Panchayat .
36 · . Property and fund of Gram Panchayat
43 · . Recovery of arresrs.
48 · . . Accounts a~d Audit .
50 · . Compositionof Zilla Panchayat.
53 · . Dis·qualifica~on of members of Zilla Panchayat.
56 · First meeting of Zilla Panchayat .
61 · . Powers anc . ouues of Up·Adhakhsya .
62 · . Right of individual members.
65 · . Filling of C8SU3, vacancy in the cfiice of Adhakshya or Ur}-Adhakr . \s~a .
66 · . Removal of member of Zilla Panchayat .
67 · . Fillinn of casual vacancy of elected member of Zilla Panchsys '
69 · Obligatory dutlos of Zilla Panchayat .
70 · . Other duties of Zilla Panchayat,
73 · . Works constructed by Zilla Panchayat to vest In it .
74 · . Allocation of properties to Zilla Panchayat .
75 · . Acquistition af land for Zilla Panch(jyat .
77 · . Imposition of taxes, rates and fees.
81 · . Action by District Collector .
134 · . Supplementary BudgE!! .
9 · ' 1 . Qualifications for appointment as and ttH: manner
99 · . Disqualification for being a member of the Ccmrntsslon,
101 · . Condition of service and salaries and allowances of members .
106 · . Members and qUi ~~ ' rs and employees to be public servant . "
86 · . Audit of accovnts of fund .
87 · . Submission of accounts to Audit .
92 · . Power of Auditor to surcharge etc .
95 · . Certain costs and expenses payable out of Fund.
107 · . Inde . nmi!y.
112 · . Directions by Slole Government .
116 · . Effect of eiecaon of a member of Gram Panchayat to Houses of Parliamenl or Legislative Assembly ,
117 · . Electoral off"nct;~; .
119 · . Application for questioning the election .
120 · Decision all question as to disqualification.
122 · . Report on ihe work of Glam Panchayat or Zilla Panclnyat
124 · . Power to scl;le disputes .
125 · . Delegation.
127 · . Constitution of District Planning Committee .
131 · Power to remove difficulties,
132 · . Repeal anu Savings ,
2 · . (1) In this Act , unless the context otherwise requires,-
3 · . (1) Subject to the consideration of local conditions , the State Government may , by notification, declare for the' purpose of this Act any village or part of a village or a group of adjoining villages or parts thereof to be a Gram.
4 · . (I) When an area is excluded from a Gram under clause (a) of sub-section (5) of section 3, such a . en shall , as from the elate of the notification referred to in that sub -section, cease to be subject to the jurisdiction of the Gram Panchayar of that Gram and, unless the State Government otherwise directs, all rules, orders, directions and notifica -tions in force in that Gram shall also cease to apply to the area so excluded.
5 · . (1) If, at any time , the whole of the area or a Gram is included within the Nagar Panchnynt under the provisions of' f' the law made in this behalf, f, the Gram Panchaynt concerned shall cease to exist , and the properties, funds and other assets vested in such Gram Punchnyat and all the rights und liabilities of' SUC ' ) Gram Pnnchayat shall vest in , and devol ve on) the j ' J agar Panchayut .
8 · . The procedure for con vening nnd conducting the meetings of the-Gram Sabhu shall be such as llny be prescribed .
10 · . (1) The Gram Sabha shal! consider , and may make recommendations and suggestions to the Gram Panchayat on the following matters , namely ' -
12 · (1) There shall be constituted, in each Pnnchnyar area, an institution of SelfGovernment called the Gnl111Panchnyar bearing the name of the Gram .
13 · . (1) A Cram Panchayat shall , subject to the provisions ofsub-section (5) , consist of such number of members not less than five and not 111ore than nine, as the Secretary may, subject to the general order of the Stare Government in regard to the allocation of number of seats to different Gram having regard to the \:arying extent of population therein, determine ane! Stich members shali be chosen by direct election through secret ballot by persons whose Mli11eSare included in the electoral 1 ' 01101' the Sikk im Legislati ve Assembly for the time being in force pertaining to the area comprised in the Gram .
14 · (1) Every Gram Panchayat shall be a body corpora re having perpetual succession and a common seal and SIJ,Il! by its corporate name, sue (tile! be sued.
17 · , (J) Every Gram Pnnchayut shull , at Itsfirst meeting at which a quorum is present , elect Dill' or its members to be t lie Subhu pnti ~\11c1another member to be the U p-Snbhapari of the Gram Pnnchnynt ill such 111:,11111CI' us may be prescribed ,
18 · , Every election or nomination of a Sabhapnti, Up-Sabhapari , Suchiva and members of Gram Pnnchnyni , , IS the case may be, shall be published by the State Government by notific.uion and such personsshall enter upon their respective offices from the date of such publication:
19 · . (1) Nowithstnnding <illyvacancy in themcnlbershipoftl!>!.'~GraI11Panchayat , the prescribed :.ll!ihori ty shall, immcd lately after bll (before the expira tion of thirty clays from the dare of publication ofthe notification unden section 18 appoint a elate for the meeting of the Gram Puncliayar members (which meeting shall be called the . first meeting of the Gram Panchayar) for elecring the Sabhapari , Up-Sabhupati and the Sachiva of the Gram Panchaya [ from amongst themscl ves.
20 · (1) Every Gram Pnnchuy . u shall hold a meeting for rransacrion of its business at least twicc ill every 1110nIII at the office of the Cram Panchuyat or a t such place wi th in the local limits of the Gram Panchny.u concerned and at such time as the Subhnp.ui of the Gr:1111Panchuy.u may decide.
22 · . (1) A list of the business to be transnctcd at every meeting of a Cram Panchayat except at an adjourned meeting , shall be sent to ' each member of the Gram Panchayar , arlcast seven clays before the lime fixed for such Il1Geting 1I1le!110 business shall be brought before or transacted at any meeting, other than the business [or which notice has been so given except with the approval of the majority ofthe members present ar such meeting:
24 · The Up-Subhup . iri shall-
25 · The Incm bcr of a G ram Punchaya tat any of the meeting may.move resolution and put questions to the Snbhupnri or Up-Snbhupnti or the Sachivu, as the case may be, on matters COilncctcd wi: h the admi nistration of the Gram Punchnynt or execution of any work or scheme undertaken by or entrusted to such Gram Pnnchaynr .
26 · . (I) A Subhapnti or an Up-Snbhapnri or ,I member of a Gram Punchayat may ' resign i1i~;office by notifying in writing his intenrion to do so to the prescribed authority <111(1Oil such resignation being accepted the Sabhapnti or the Up-Sablmpati or the member skill vacate his office .ind the c,lsual vacancy shall he deemed to h , IVC occurred in such ollicc':
28 · (1) In the event of removal of a Snbhap.ui or an Up -Sabhapun under section 27 or when a vacancy occurs in the office of a Sabhapari or nil Up-Subhnpnti by resignarion, death or otherwise , the Gram Puuchaynt shall elect another Sabhapnti or Up-Sabhaputl and the person so elected shnll take office forthwith and shall hole! such office for the unexpired term of office of his predecessor .
30 · (1) I f the office of a member of a Gram Panchuyut becomes vacun t by reason of his death, resignation , removal or otherwise , Stich vacancy shall be filledin by election of another person under this Act . The person elected shall take office forthwith anc\ shall hold such office Cor the unexpired term of office of his predecessor:
34 · , Subject to any general or special direction of the State Government, the duties of it Gram Punchayut shall be to provide within the area under its jurisdiction for-
35 · , (l) A Grum Panchnyntshall also perform such other functions as the State Government may assign to it in respect 01'-
36 · All property within the limits of rhe jurisdicrionof a Gram Punchayat other than property maintnined by the Central or the State Government or a local authority or any other Gram Pnnchuyat shall vest in and belong to the Cram Panchayat and shall with a ll other property of whatsoever nature or kind which may become vested in the Gr~1 . 11 Pauchayar , be under its direction , management and control .
37 · . (1) The State Government may allocate to a Gram Panchayat any pu bl ic property situarcd within its jurisdicrion, and thereupon such property shall vest in and come under the control of the Gram Panchnyat .
38 · . Where a Grnm Panchnyat requires land for carrying out any of the purposes of this Act , it may negotiate with the person or persons having interest in the said land , and ifit fails to reach an agreemcnt , it may make an application to the District Collector for the acquisition of the land, who may , if he is satisfied ihnt the land is required for a public purpose , take steps to acquire the land under the provisions of the Sikkim Land (Requisition and Acquisition) Act, 1977 and such land shall , on acquisition , vest in the Gram Pancliayar .
39 · . (1) For every Gram Panchayat there shall be constituted a Gram Panchnyat Fund beariug the name of Gram Panchayat 011 the basis of the review and recommendations made by the SUIte Finance Commission and there shall be placed to the credit thereof-
40 · . (1) Subject to the rates which may be fixed by the State Government , a Gram Panchayat may levy the following taxes, rates nud fees , namely :-
41 · . ( I) The State Government may,ii1 the manner speci fiedi n the notification, regulate the imposition, assessment and collection of taxes , rates and fees under section 40 .
42 · . An appeal ngninst tile levy of any tax, rate or fee under section 40 may be preferred to the prescribed authority in such mariner and within such time as may be prescribed and the decision of such authority shall be final .
43 · Any arrear of tax, rate or fee levied under section 40 shall be recoverable as arrears of land revenue orpublic demand jf the Gram Panchnyat passes a resolutjon to that effect and communicates it to the District Collector. . i
44 · (1) The District Collector , on receipt of such communication of the slim ;covcrable under sect ion 43 and on being satisfied wi th the demand , shall proceed to recover jt .
45 · (1) If on a complaint made to it or otherwise it appears to the SUIte Government that any tax , rate or fee levied by a Gram Panchayat is excessive , it may, after calling for a report from the Gram Panchayat ill this regard , abolish , suspend or reduce the amount of any such tax, rate or fee ,
46 · (I) Every Gram Punchuyut shall , at such time and in such manner as may be prescribed, prepare euch year a budget of its estimated receipts and disburscmenrsfor the following year and shall submit the budget to the State Government for approval through the Zilla Panchaynt of the District concerned .
47 · . A Gram Panchnyut may prepare in each year supplementary estimate provi -ding 1'01' <In) ' mod ificnrion of it~;budget and su bmi tit to the SUIte Government for approval through the Zilla Panchayat of the District concerned within such time and in such manner as may be prescribed .
48 · . (1) Accounts of receipt and expenditure of every Gram Panchayat shall be malnrnincdin such forms and ' in such manner as may be prescribed .
49 · . ' (1) POI ' every district the State Government shall, by notificntion constitute a Zilla Pnnchayat bearing the name 01' the district .
50 · . (1) /\ Zilla Pnnchnyar shall , subject: to the provisions of sub-section (4) , consist of the following members , !1<lli1ely:-
51 · . (I) Every Zi ll . : Panchnyar shall be a body corpora Ie hn v i ng perpetual succession und a common seal nncl shall by its corporate name sue and be sued.
52 · (1) Every Zilla Pnnchnyar, save as otherwise provided in this Act , shall continue for five years from the date appointed for its first meeting and no longer .
53 · The prov is ions of section 16 relating to e!isqual ificarion of members of Gram Panchayat shall , muuuis-uurrandis be applicable to the elected members of the Zilla Panchayar ulso .
54 · . (1) Every Zilla Pnnchayat shall , at its first meeting at which a quorum is present , elect ill such mariner ~ISthe State . Government may, by notification specify , one of its m embers to be the Adhukshy» (\nd unother member to be U p-AcI ' lwksliy(\ of the Zi lln Pa nchaynt:
55 · . Every election or nomination of an Adhakshya, an Up-Adhakshya and members of a Ziila Panchayat shall be published by the State Government by notification and such persons shall enter upon their respective offices from the elate of such publication .
56 · . (1) Notwithstanding any vacancy in the membership of the Zilla Punchayat , the prescribed authority shall as soon may be (but before the expiration of thirty days from the date of pu blic.uion of the notification under section 55) cull a meeting of the members ofa Zilla Panchnyat at such place and at such time as he may fix for electing an Adhakshya and Up-Adhakshya ,
57 · . (1) Every Zillu Pnnchayar shall hole! a meeting for transaction of ib business atleust once in every three months at the office 01 ' the Zilla Panchnyar or at such place w ithin the local limits or rhe district concerned and at such time as the Adhakshyn of the Zilla Panchuyar may Iix .
59 · (I) A Iist or the business to be rrunsnctcd at every meeu ng of a Zilla Pnnchayat except at an adjourned meeting, shall be sent to each member or the Zilla Punchuyat at least seven days before the time fixed for such meering and no business shall be brought before or transacted at any meeting other thuu the business of which notice has been so given except with the approval of the majority of the members present at such meeting:
62 · At :llllceti!lg of a Zilla Panclwy:tl,:1 member may move ~\ny resolution and put questions to thl' ;\clh:lksI!Y:l 01' Upndhnk shya , as the case may be , oumarters connected with llit :. administration of Zilla Puuchnyur or execution of rural works or schemes entrll~;tt'd to or unde nnken by Stich Zilla Panchuyar .
03 · . (J) All /\di::\k~;hya, or un Up-Adhnkshyn or a member of a Zillc) Punchayat may resign his office by notifying in ' . '.'riting his intemion to do so to the prescribed authority and 01; such resig.uuion being accepted ItJ(~ l\cllwL;hy;) Of the Upodhakshya or the member shill vacnte his office ~ii1c1 cusua! vacancy slul! be deemed to h:1VG occurred in ~u ' ~h office:
65 · . In the event of removal of an Adhukshya or an Up-Adhakshya under section 64 or when a vacancy occurs in the office of the Adhakshya or Up-Adhakshya by resignation, dea th or otherwise , the Zilla Panchuynt shall elect another Adhukshya or UpAdhakshya , as the case may be . The person so elected shall take office forthwith and shall hole! office for the unexpired term.of office of his predecessor .
66 · (1) The prescribed uurhority may, after giving opportunity to a member ofa Zilla Panchayct other than a member specified ,ul1c1erclause Cc) of sub -section (1) of section 50 to xhow cause against the action proposed to be taken against him, by order, remove him from office if-
69 · (1) Subject to any general or special directions of the State Government, a Zilla Panchayat shall have power in respect of -
70 · . (1) Subject to such condition as may b,-~imposed by the State Government . a Zilla ' Panchayut may, if the State Government so directs make provisions for-
71 · . The Zilla Pnnchayars of two or more adjacent districts may jointl y undertake an d execute at common cost any development schemes or project on such terms and conditions as may be agreed upon , a nd in case of any difference as to the interpretation of such terms and conditions the matter shall be referred to the State Government whose decision shall be final .
72 · A Zilla Panchayat shall exercise . general powers of supervision over Gr~\Il1 Panchayats in the district and it shall be the duty of Gram Panchayat to give effect to any direction of the Zilla Punchayat on matters of policy or planning for development .
73 · All roads, buildings or other works constructed by a Zilla Punchaynt with its own funds shall vest in it .
74 · . (1) The State Government may allocate to a Zilla Panchayat any public property of whatsoever nature or kind situated within its local limits , and thereupon, such property shall vest in and come under the control of the Zilla Panchayar .
75 · . Where a Zilla Punchayat requires land for carrying out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement it may make an application to the District Collector for
76 · . (1) For every Zilla Panchnyat there shnl] be constituted a Zilla Panchayat Fund bearing the name of the Zilla Panchayar :\11e!there shall be placed to the credit thereof-
77 · (1) Subject to the; maximum rates which may be fixed by the State Government , a Zilla Pnnchayat may levy following taxes, rates and fees, namely ;-
7R · . (1) The Stare Government 111"y make rules to regulate the impos'ition , assessment to, and collection of taxes, rates and fees under section 77 .
80 · . Any arrcur of tax, rate or feeimposed under section 80 shall be recoverable as arrears of land revenue or public demand if the Zilla Panchayat passes a resolution to that effect and communicates it to the District Collector .
81 · . (1) The District Collector on receipt or communication under section 77 and on being satisfied with the demand shall proceed to recover it .
85 · A Zilla Panchayat shall keep such accounts in such manner as may be prescribed .
87 · The Sabhnpati or , as the case may be, lhe Adhaksliyn shall produce , or cause to be produced to the auditor ~\11 such accounts of the Fund of the Gram Punchayat or the Zilla Pnncbayu: concerned as may be required by the auditor .
89 · . . Any person who neglects or refuses to comply with the requisition made by the auditor under section 88 within such time as may be specified , shall , on conviction by a court , be . punishable with a fine . which may extend to two thousand rupees in respect of each item included in the requisition.
90 · . (1) Within two months from the date on which an audit under this Act is completed , the auditor shall prepare a report and send a copy of the report to the Sabhnpari , the !\clhakshya , . IS the case may be, of the Grum Pnnchayat or the Zilla Panchayat and to the State Government .
91 · . (1) With in two months from the elate of recei pt of the report referred to ill section 90, the Gram Panchayat or the Zilla Pnnchayat concerned shall , at a meeting , remove or cause to be removed any defect or irregularity pointed outin the report and shall also inform the auditor of the action taken by it . The Gram Panchnyat or the Zilla Punchayat concerned shall give reasons or explanations if any defect or irregularity is not removed .
92 · . (1) The aiditor, after giving the person concerned an opportunity to submit an explanation within a time to be specified by him and after considering such explanation, shall disallow every item of account contrary to law and surcharge the same on the person
93 · . (1) /vny person 1'1'011w1hom . \1\)' sum has been certified b)' the auditor to be clue under sccton 911\lay, within thirty clays of the receipt by him of the certificate, appeal to the State Government to set aside or modify the disallowance , surcharge or charge in respect of which the certificate was made und the Slate Government may pass thereon such orders as it thinks fit, and such orders shall be final.
94 · , (1) The sum certified by the auditor to be due from any person under section 92 or when an appeal is made undersu b-section (1) of section 93, such sum as may be ordered by the State'. Government to be due from such person shall, within two months ofthe date of certification, or order , as the case may be, be paid by such person to the Gram Panchayat or the Zilla Panchaynt concerned which shall credit the slim to the Fund of the Gram Panchayat or the Zilla Punchayar concerned .
95 · , (I) All expenses incurred by the Gram Panchayat or the Zilla Panchayat conccrned jn complying with any requisition of the auditor under section 88 and in prosecuting an offender under section 89 shall be paid from the Fund of the Gram Panchayat or the Zilla Punchayat concerned,
96 · In this Chapter " Commission" means the State Finance Commission constituted by the Governor in pursuance of clause (1) of Article 243 I of the Constitution. -
97 · The Chairman of tile Commission shall be selected from among persons who have had experience in public affairs of the State and the two other members shall be selectee! from among persons who-
98 · . Before appointing a person to be a member of the Commission, the Governor shall satisfy himself that the person will have . no such financial or other interest as is likely to affect prejudicially his ' funcrions as a member of the Commission , and the Governor shall also satisfy himself from time to time with respect to every member of the Commission that he has no such interest and any person who is , or whom the Governor proposes to appoint to be a member of the Commission shall, whenever required by the Governor to do so, furnish to him such information as the Governor considers necessary for the performance by him of his duties under this section .
99 · . A person shall be disqualified for being appointed as or for being a member of the Commission if he -
100 · Every member of the Commission shall hold office for such period as may be specified in the order of the Governor appointing him , but shall be eligible Iur re-appointment:
102 · . The Conrmission skill determine their procedure and in the perform:1J1Ceoftheir function shall have (Ill the pOWCI·Sofn Civil COLIrt under tile Code of sot Civil Procedure , 1c)()S while tryill!; a suit ill respect of the following matters , 1908 n~\me] y:-
103 · . (1) The superintendence , direction and control of the preparation of electoral rolls for and conduct of , all elections to the Gram Panchayat and Zilla Panchnyat shall be vested in the State Election Commission consisting of a State Election Commissioner to be appointed by the Governor .
104 · . Every mcm bel' 01 ' a G rum P:\ nch uyat or 01 ' Zi Ilu h\ nchay.u other than a member referred to in CI:lllSC (c) or sub -section (I) 01 ' section SO shal: before taking his office make and subscribe before such authority ,ISmay be specified by the State GOVCI ' Il111ellt ill this behalf an o.uh or nffirmation uccording to the Form set out for the purposein the Schedule.
105 · No net or proceeding of a Gram Panchayut or Zilla Panchayat shall be deemed to be invalid merely byreason ofrhe exisrence ofany vacancy in the Gram Punchaynt or Zi lln Panchuyat , ,ISthe case may be , or any defect or irregularityin the constitution thereof .
106 · /\11 members, officers and employees of the Gram Pnnchnynt and Zilla Panchayat shal! be deemed when acting 01 ' purporting to act in pursuance of the discharge of their duties, or ill the exercise of their powers under this Act or under the rules mack thereunder , to be public servants within the meaning of section 21 of the Indian Penal Cocie . ~
107 · . No su i t or other legal proceedings shall Iie ,lg:li nst a Gram Panchnyat or Zilla Panchayur or against allY member thereof or <lny officer or any employee for , lnything in good faith clone or inrendcd io be clone in pursuance of this Act 01' any rules ninde thereunder .
10S · . If any dispute arises between two or more Grum Panchayat , within the jurisdiction of the same Zilla Pnnnhuyur , it shall be referred to the Zilla Panchayat concerned by any parry to the dispute and the decision of the Zilla Panchayat thereon shall be final.
5 · of 1860
110 · . (1) The State Government may, by order in writing , rescind any resolution passed by a GrnmPanchayat orZilla Pnnchayar , if in its opinion such resolution-
112 · In the discharge of their functions the GI,\ln1 Panchayat and the Zilla Panchayat shall be guided by such instructions or directions as may be given to them by the State Government from time to rimein conformity with the provisions of this Act . .
114 · If, in the opinion of the State Government, any Gram Panchayat or Zilla Panchayat-
115 · (I) When an order of supersession has been passed under section 114 then w ith effect from the clare of the order- en) all the members of the Gram Pauchayat or the Zilla Panchayat, as the case may be , shall vacate their offices;
116 · If a . Subhnputi or an Up-Snbhapari, or Sachivu or a member of it Gram Panchayut or an Adhakshya or , 1n Up-Adhakshya or member of Zilla Panchayat becomes a member of either house of Parliament or a member of Leg-islative Assembly, he shall be deemed to have vacated his office as Sabhapati or UpSabhapati or Suchiva or member of a Gram Panchaynt or Adhnkshya or UpAdhnkshynor member of a Zilla Panchayat, as the case may be , with effect from the date of his becoming such member and a casual vacancy shall be deemed to have occurred in such . office.
117 · . Any act of commission or omission which is an electoral offence in relation to elections to the Legislative Assembly under Chapter VII of the Representarion of the Peoples Act, 1951 or under any In w for the time beingin force shall be deerucd to be an electoral offence in relation to the elections to the Gram Panchayats under t'ilis Act .
118 · The State Governmentshull have the same powers in the matter of. f. requisition of premises , vehiclesand animals for the purpose of the conduct of elections to the Gram Panchnyats as in the case of elections to the Legislative Assembly.
119 · (l) The election of a person HS a member of it Gram Panchayat or Zilla Panchayar shall not be calledin -question except by an application presented to such nuthoriry within such time ~1J1din suchmanner as may be prescribed on the ground that-
43 · of 1 -951
120 · lf any question arises us to whether a person has become subject to any clisqual i ficutiou . thc C] uest ion shall be referred to I he prcscri bed au rhoriry for his decision ' and his decision shall, subject to the result or any appe,II ,IS may
121 · III the event of an outbreak I <I .. : . ' : " · 1<101" any . orhcr , water borne infectious disease ill all) ' locality siiuurcd within Ille IUl · , ti limu s 01· the jurisdiction of a Gram Panchayat ora Zilla Panchayar , the S;lbh,qJ<lti or Up-Subhapau of a Grnm Panchayut or
122 · The Cram Panchnyat or Zilla Panchaynt concerned shall prepare ane! submit annually a report on work clone cluri ng the prev ious year and the work proposed to be clone during the following year to the prescribed authority within such period as may be specified by the State Government .
123 · . The Slate Government may , by notification, place at the disposal of a Gram Panchny.u or Zilla Punchayut services of xuch officers or other employees serving under it on such terms and conditions as may be fixed by the State Government:
12 · . :1 . (1) Where parties to a dispute appronch the Gram Panchnyat or as the case may be, the Zilla Pnnchayat for settlement of dispute , then the Gram Panchayat or the Zilla Panchayut may settle such dispute if any law in force . permits such settlement outside courts.
125 · . The Slate . Government may , by notification , delegate, subject to such conditions as it m . iy specify, all or any of its powers under th is Act except the power under section 130 to any person or authority subordinure to it .
126 · . The members of the Gram Panchuyat or the Zilla Panchuynt shall be entitled to such siltling allowances fur unending meetings of the Gram Panchayat or the Zilla Panchny . u and ll·avclling allowances that may 1 ' 1 ' 011\ time to time be fixed by the State Government:
127 · . (I) The St,IIC GOVClllJ11CIllxhnll constitute in every district a Committee-called tile District Planning Committee.
129 · No person shall contest the election to any Panchayatwith the support, direct or indirect , of any political party .
130 · (l) Thc-St,\te Govcrnment-mny, by nori ficntiori , illake rules for carrying out the purposes of this Act .
131 · If any difficulty arises in giving effect to the provisions of this Act, the State Government may take such steps or issue such orders noti nconsisrent with the provisions of this Act as may appear to it to be necessary or expedient for the purpose of removing such difficulty:
132 · 011 and from the date of commencement of this Act, the Srkkim Panchayat Act , 19&2 shall stand repealed and all assets and liabilities of the Gram Panchaynrs constituted under the repealed Act, 1982 shall stand repealed and all assets and liabilities of the Gram Panchayuts or Zilla Punchnynrs constituted under the repealed Act shall continue to vest ill the respective Gram or Zilla Panchnyut, as the case may be:
13Y · Order of the Governor,
3 · . In section l3 of the principal Act ,
15 · . After section 119 so inserted, the following section shall be inserted, namely r-
115 · . (l ) When an order of supersession has been passed under section 114 or the proviso to article 243N of the Constitution has been invoked to dissolve all the Panchayats , then with effect from the date of the ordcr -
129o · f the principal Act shall be omitted .
2 · . In the Sikkirn Panchayat Act, 1993, in clause (c) . sub section (3) of section 127 . for the words " District Development Officer-cumPanchayat Officer" . the words "District Planning Officer" shall be substituted.
19 · . 11 . 05
4 · .
1 · . " (4) any member of a Zilla Panchayat who is removed from his oHice by the Prescribed Authority shall cease to function as a member of the Zilla Panchayat . "
2 · . The existing sub-sectlon (4) shall be re-numbered as sub-section (5) ,
4 · . Throughout the Principal Act , unless otherwise expressly provided, for the word "Most Backward Classes and the Other Backward Classes" , wherever this occur, the word " Other Backward Classes (Centre) and the Other Backward Classes (State)" shall be substituted.
5 · . In the Principal Act, in section 13 after sub-section 7, the following proviso shall be inserted, namely:-
6 · . In the Principal Act, in section 16 :-
7 · . In the Principal Act , after section 16, the following new section shall be inserted namely:-"
11 · . In the Principal Act , in section 29:-
12 · . In the Principal Act, for section 31 and the entries relating thereto , the following shall be substituted , namely:-
13 · . In the Principal Act, section 32 and 33 shall be omitted .
14 · . In the PrincipalAct , in section 34 :-
16 · . In the Principal Act, after section 39,the following new sections shall be inserted, namely:-
39 · B. Grants and Shares of Taxes . -
18 · . In the principal Act, after section 48, the following section shall be inserted, namely :-
19 · . In the Principal Act, after sub-s ection (4) of section 50, the following proviso shall be inserted, namely :-
76 · B. Grants and Shares of Taxes.-
28 · . In the Principal Act, in section 127:-
2 · In the Sikkim Panchayat Act , 1993 (hereinafter referred to as the said Act) , in section 13 , after sub-section (5), the following proviso shall be inserted , namely:-
Subordinates (0)
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