In the Principal Act , after section 16, the following new section shall be inserted namely:-" — THE SIKKIM PANCHAYAT ACT, 1993

. In the Principal Act , after section 16, the following new section shall be inserted namely:-"

7 . In the Principal Act , after section 16, the following new section shall be inserted namely:-" i6A. Self-Disclosure of Assets: - A member of the Panchayat shall , within 3 (three) months from the date of assuming office, file a statement of assets and liabilities of himself and of the members of hi:> -;amily , in the form prescribed before the competent authority authorized in this behalf by the State Government by notification in the Official Gazette: Provided that, a person who is a member of the Panchayat at the commencement of this Act shall submit such a statement to the Competent authority before the date specified by the State Government to this effect . Amendment of section 23 Where a member of the Panchayat who filed a statement under sub-section (1) acquires any asset in his name or that of other members of his family or disposes or creates any liability thereafter on the assets specified in the statement , he shall file a statement in this regard to the Competent Authority within 3 (three) months from the date of such acquisition or disposal or creation of liability, as the case may be , Any member of the Panchayat who makes a statement under sub-section (1) or sub-section (2) which is false and which he knows or believes to be false or does not believe to be true shall be liable to be proceeded against in accordance with law , for filinq such false statement . Where a member of the Panchayat fails to file such a statement to the Competent Authority within the date specified under subsection (1) and sub-section (2) , action shall be taken to disqualify him from continuing as member of the Panchayat under Section 16. Explanation 1 . -For the purpose of this section " family" of a member of the Panchayat means spouse of . that member and his parents , unmarried sisters and children who are dependent on him . Explanation 2 . -For the purpose of this section "asset" means all immovable properties and movable properties worth not less than Rupees ten thousand", In the Principal Act, in section 23 ;- (i) for the existing marginal heading, the following shall be substituted namely:- "Powers, Functions and duties of Sabhapati and Up-Sabhapaii" . (ii) for section 23 and the entries relating thereto , the following shall be substituted, namely :- "23. (1) Save as otherwise expressly provided by or under this Act , the executive power for the purpose of carrying out the provisions of this Act and the resolution passed by a Panchayat shall vest in the Sabhapati thereof who shall be directly responsible for the due fulfillment of the duties imposed upon the Panchayat by or under this Act . When the office of the Sabhapati is vacant, the Up-Sabhapati shall exercise the functions of the Chairperson until a :new Chairperson assumes office. If the Sabhapati of the Panchayat is continuously absent from territorial limit of the Panchayat for more than fifteen days or is incapacitated for any reason, the functions of Sabhapati, during such absence or incapacity shall , except in such circumstances as may be prescribed, vest on the UpSabhapati of that Panchayat . Where the offices of both the Sabhapati and Up-Sabhapati are vacant, the Chairperson of the Standing Committee in the order mentioned in sub-section (1) of Section 134 , shall pertorm the functions of the Sabhapati of the Panchayat till a new Sabhapati or Up-Sabhapati of the Panchayat assumes office and where there is no Sabhapati or Up-Sabhapati of the Panchayat or Chairperson of Standing Committee to hold the office of the Chairperson, the eldest among the elected members shall pertorm the functions of the Sabhapati of the Panchayat until the Sabhapati or Up-Sabhapati of the Panchayat or Chairperson of any Standing Committee assumes office . Explanation -The word "senior-most" within the meaning of this subsection means the person who has been continuously holding the membership of the Panchayat for the maximum period. If more than one person become senior-most within the meaning of this Explanation, in the event, the person oldest in age among them will be the senior-most . Without prejudice to the generality of the foregoing provisions, the Sabhapati of the Panchayat shall, preside over and regulate the meetings of the Panchayat and Gram Sabha of which he is the Sabhapati; (a) to exercise supervision and control over the acts done and actions taken by all officers and employees of the Panchayat; (b) incur contingent expenditure up to such limit as may be fixed by the State Government from time to time; (c) authorize payment and refunds pertaining to the Panchayat; (d) to prepare all statements and reports required by or under this Act; (f) exercise such other powers and discharge such other functions as may be conferred or imposed upon him '..Jy this Act or rules made there under. (g) The Sabhapati may, in case of an emergency, direct the execution of any work or the doing of any act which requires the sanction of the Panchayat, and the immediate execution or doing of which is, in his opinion, necessary for the safety of the public and may direct that the expenses of executing such work or doing such act shall be paid from the funds of the Panchayat: (6) Provided that, he shall not act under this sub-section in contravention of any decision of the Panchayat prohibiting the execution of any particular work or the doing of any particular act; (a) (b) he shall report the action taken under this sub-section and the reason thereof to the Panchayat at its next meeting and obtain its approval thereof . Amendment of section 24 Insertion of new section 27 A The Sabhapati of the Panchayat shall also have the following powers :- (a) to ensure the attendance of the employees under the control of the Panchayat including the employees of the State Government transferred to the Panchayat in the meetings of the Panchayat; (b) to report against if necessary, any employee or officer under the control of the Panchayat and State Government Officers , in the Gazetted rank who are transferred to the service of the Panchayat, when disciplinary proceedings are to be taken against them for dereliction of duty or insubordination or for violation of rules or standing orders to the Prescribed Authority, (c) to refer immediately to the State Government any resolution passed by the Panchayat, which, in his opinion has not been passed in accordance with law or is in excess of power conferred by this Act, or any other law or if carried out , is likely to endanger human life, health or public safety", g , In the Principal Act, in section 24 :- clauses(a) and (b) shall be omitted; clause (c) shall be re-Iettered as clause (a). 10, In the Principal Act, after section 27, the following new section 27A shall be inserted, namely , - " 27 A, The manner of removal of Sabhapati and Up-Sabhapati" , Every Sabhapati or Up-Sabhapati of Gram Panchayat shall forthwith be deemed to have vacated his office if he is removed through a secret ballot by a sample majority of the total number of the members constituting the Gram Panchayat in accordance with the procedure, as may be prescribed: Provide that no such process of removal shall be initiated unless a notice is signed by not less than one-third of the total number of the members of the Gram Panchayat in accordance with the procedure as may be prescribed . If such Sabhapati or Up-Sabhapati, as case may be, desires to challenge the validity of the act of removing him under the foregoing sub-section, he shall within 7 (seven) days from the date on which he is deemed to have vacated the office, refer the dispute to the Collector who shall decide within 30 (trrirty) days from the date of receipt of such reference and his decision shall be final . If a motion for removal under sub-section (1) of this section is not carried by the majority of the total number of the Gram Panchayat or the meeting cannot be held for want of quorum, no notice of any subsequent motion of removal of the same office bearer shall be taken into cognizance within a period of 1 (one) year from the date appointeo for such meeting. Amendment of section 29 Amendment of section 31 . Omission of section 32 & 33 Amendment of section 34 Amendment of section 35 Notwithstanding anything contained in sub-section (1) of this section , no meeting for removal 01 " Sabhapati or Up-Sabhapati under this section shall be convened within a period of 2 (two) years from the date of election of the Sabhapati or the Up-Sabhapati at the first meeting following reconstitution of the Gram Panchayat for filling casual vacancy in the said office".

Section 7