The existing sub-sectlon (4) shall be re-numbered as sub-section (5) , — THE SIKKIM PANCHAYAT ACT, 1993

2 . The existing sub-sectlon (4) shall be re-numbered as sub-section (5) , By Order. R.K. Purkayastha (SSJS) Legal Remembrancer -cum- Secretary, Law Department File no. 16 (82) LD/2005 GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Wednesday 12th September, 2007 LAW DEPARTMENT GOVERNMENT OF SIKKIM GANGTOK THE SIKKIMPANGHAY-AT (AMENDMENT) ACT,2007 (ACT No . 14 of 2007) AN ACT furthertoarnenri . tha ' Stkkirn Panchayat Act, 1993 " "Be --tRmcrcteniJythe-Legislature-of Sikkimin thEfFiity'eighth Yaarofthe -Republic of India as follows:- Short title and . commencement. Amendment of Section 13. (1) This Act may be called the Sikkim Pancllayat(Amendment) Act, 2007 . It shall come into force at once . (1) In the Sikkim Panchayat Act, 1993 (hereinafter referred to as the said Act), for the existing sub-sections (5) (6) and (7) of section 13 , the following shall be substituted , namely:- "(5) The State Government ' shall , by notification, reserve seats for the Scheduled Castes, the Scheduled Tribes, the Most Backward Classes and Other Backward Classes in every Gram Panchayat andthe number of seats reserved shall bear, as nearty . asmay be, the-same proportion to the total number of seats to be filled by . directetectlon in that Panchayat as the population in that Panchayat area bears to thetotal . population of that area and such seats shall be allotted by rotation to differentwardsina Gram·Panchayat in such manner as the State Government may, by notification specify. Not less than forty percent of the total number of seats reserved under sub-section (5) shall be reserved for women belonging to the Scheduled Caste, Scheduled Tribes , the Most Backward Classes and the Other Backward Classes. Not less than forty percent of the total number of seats (including the number of seats reserved for women belonging to the Scheduled Caste, Scheduled Tribes,the Most Backward Classes and the Other Backward Classes) to be filled by direct election in every Gram Panchayat shall be reserved for women and such seats shall be allotted by rotation to different wards in a Gram Panchayat in such manner , as the State Government may, by notification, specify. " Sub-section (5 a) shall be omitted. Gangtok No. 14/LD/P/2007 No. 402 Date: 12.09.2007 Amendment of Section 17. 3 . (1) Amendment of 4. (1) Section 50. Amendment of Section 54 . In the said Act, for the existing sub-section (2) of Section 17, the following shall be substituted, namely:- " (2) The State Government shall , by notification reserve:- (a) such number of office of Sabhapati and Up Sabhapati of Gram Panchayat in each district for the Scheduled Caste, Scheduled Tribes, the Most Backward Classes and the Other Backward Classes and the number of such offices shall bear as nearly as may be , the same proportion to the total number of offices in the district as their population ill the district bears to the total population of the district . (b) Not less than forty percent of the total number of offices of Sabhapati and Up Sabhapati of the Gram Panchayat of the district reserved under clause (a) shall be reserved for women: Provided that the offices reserved under this sub -section shall be allotted by rotation to different Gram Panchayats in such manner as the State Government may, by notification specify. " In the said Act, for the existing sub-sections (4) and (5) of Section 50, the following shall be substituted namely:- " (4) The State Government shall by notification, reserve seats for the Scheduled Castes , the Scheduled Tribes , the Most Backward Classes and the Other Bacl<ward Classes in every Zilla Panchayat and the number of seats so reserved shall bear , 8S nearly as may be, the same proportion to the total number of seats to be fillecl by direct election in the Panchayat as their population in the Panchayat area bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Zilla Panchayat in such manner as the State Government may , by notification, specify . (5) Not less than forty percent of the total number of seats reserved under sub-section (4) shall be reserved for women and such seats shall be allotted by rotation to different constituencies in a Zilla Panchayat in such manner as the State Government may, by notification, specify . " Sub-section (6) shall be omitted . 5.(1) In the said Act,for the existing sub-section (2) of Section 54 , the following 811allbe substituted , namely:- "(2) The State Government , shall by notification , reserve:- (a) such number of offices of Adhyaksha and Up -Adhyaksha of Zilla Panchayats in the State for persons belonging to Scheduled Castes , the Scheduled Tribes, the Most Backward Classes and the Other Backward Classes and the number of such offices shall bear as nearly as may be the same proportion to the total number of offices in the State as the population bears to the total population of the State . (b) not less than forty percent of the total number of offices of Adhyaksha and UpAdhayasha in the state reserved under clause (a) shall be reserved tor women: Provided that the offices reserved under this sub -section shall be allotted by rotation to different Zilla Panchayat in such manner as the State Government may, by notificatron , specify .. , The existing sub-section (2) shall be renumbered as sub-section (3). Amendment of Section 103 . In the said Act, for the existing sub-section (1) of Section 103 the following shall be substituted, namely:- "(1) The superintendence, direction and control of elections to the Gram Panchayat and Zilla Panchayat and conduct of election of Sabhapati , Up- Sabbhapati and Sachiva of Gram Panchayat and Adhyaksha and Up- Adhyaksha of Zilla Panchayat shall be vested with the State Election Commission consisting of the State Election Commissioner appointed by the Governor: Provided that the conduct of delimitation of Gram Panchayat and Zilla Panchayat and reservation of seats in Gram Panchayat and Zilla Panchayat, in such manner as may be prescribed, shall be vested with the State Election Commission: Provided further that for the purpose of conduct of election of Sabhapati and UpSabhapati and Sachiva of Gram Panchayat and Adhyaksha and Up- Adhayaksha of Zilla Panchayat, the prescribed authority shall be the State Election Commissioner . By Order. R . K. PURKAYASTHA (SS,JS) LR-cum-Secl'etary law Department File No.16 (82)1 LO/P/20D? GOVERNMENT No. 6/LDIP/2010 Date: 21.4 . 2010 The following Act passed by the Sikkim Legislative Assembly and having received the assent of the Governor on the 30'h day of March, 2010 is hereby published for general information:- THE SIKKIM PANCHAYAT (AMENDMENT) ACT , 2010 ACT NO.6 OF 2010 AN ACT further to amend the Sikkim Panchayat Act, 1993 . Be it enacted by the Legislature of Sikkim in the Sixty-first Year of the Republic of India as follows:- R.K. PURKAYASTHA(SSJS) LR-cum-Secretary Law & Parliamentary Affairs Department SIKKIM EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Thursday 22nd April , 2010 No . 172 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK GAZETTE GOVERNMENT No 11ILD/P/11 . Dated: 17/1212011 The following Act passed by the Sikkim Legislative Assembly and having received the assent of Governor on 3 rd day of September, 2011 is hereby published for general information:- THE SIKKIM PANCHAYAT (AMENDMENT) ACT , 2011 , ACT NO. 11 OF 2011 AN ACT further to amend the Sikkim Panchayat Act , 1993 Be it enacted by the Legislature of Sikkim in the Sixty-second Year of the Republic of India as follows:- Short title and 1. commencement This Act may be called the Sikkim Panchayat (Amendment) Act , 2011. It shall come into force on the date of its publication in the Official Gazette . Amenc1tnent of Section 13 In the Sikkim Panchayat Act, 1993 (hereinafter referred to as the said Act) tor the existing sub-. section (7) of section 13, the following shall be substituted, namely:- "(7) Not less than half of the total number of seats (including the number of seats reserved for women belonging to the Scheduled Caste, Scheduled Tribes (Bhutia/Lepcha and LimboofTamang), Most Backward Classes and Other Backward Classes) to be filled by direct election in every Gram Panchayat shall b9 mserved for women and such seat shall be allotted by rotation to different wards in a Gram Panchayat in such manner , as the State Government may , by notification, specify. " Amendment of 3. Section 17 . In the said Act , for the existing clause (b) of subsection (2) of Section 17 , the following shall be substituted , namely:- SIKKIM EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Sunday 18th December, 2011 No.652 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK NOTIFICATION GAZETTE Amendment of Section 50. Amendment of Section 54 "(b) Not less than half of the total number of offices of Sabhapati and UpSabhapati of the Gram Panchayat of the district reserved under clause (a) shall be reserved for women: Provided that the offices reserved under this sub-section shall be allotted by rotation to different Gram Panchayats in such manner as the State Government may, by notification specify . " In the said Act, for the existing sub-section (5) of section 50, the following shall be substituted, namely:- "(5) Not less than half of the total number of seats reserved under sub- section (4) shall be reserved for women and such seats shall be allotted by rotation to different constituencies in a Zilla Panchayat in such manner as the State Government may, by notification specify . " In the said Act, for the existing clause (b) of sub section (2) of section 54 , the following shall be substituted, namely:- "(b) Not less than half of the total number of offices of Adhakshya and UpAdhakshya in the State reserved under clause (a) shall be reserved for women: Provided that the offices reserved under this SUb-section shall be allotted by rotation to different Zilla Panchayat in such manner as the State Government may, by notification specify." R . K. Purkayastha , SSJS L . R~cum-Secretary , Law Department. File No. 16 (82) LD/P/11 GOVERNMENT No. 10/LD/17 SIKKIM EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Wednesday 14th June, 2017 No . 221 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK NOTIFICATION The following Act passed by the Sikkim Legislative Assembly and having received assent of the Governor on 27th day of May, 2017 is hereby published for general information :- THE S1KK1M PANCHAYAT (AMENDMENT) ACT, 2017 (ACT NO . 10 OF 2017) AN ACT further to amend the Sikkim Panchayat Act, 1993. BE it enacted by the Legislature of Sikkim in the Sixty-eighth Year of the Republic of India as follows:- Short title and commencement Amendment of section 11 (1). This Act may be called the Sikkim Panchayat (Amendment) Act, 2017 . . It shall come into force on the date of its publication in the Official Gazette . In the Sikkim Panchayat Act , 1993 (hereinafter referred to as the " Principal Act"), in section 11, for clauses (a) , (b) & (c) and ' the entries relating thereto, the following clauses shall be substituted namely:-" (a) to identify and approve the plans, programmes and projects for social and economic development in order to give priority from out of the plans, programmes and projects approved by the Ward Sabha before such plans, programmes and projects are taken up for implementation by the Village Panchayat; GAZETTE Dated: 5th June, 2017 (b) to lay down the principles for identification of the schemes and their priority for economic development of the village; . · . c> . l , , , , , , (c) to identify or selection of persons as beneficiaries under the poverty alleviation and other programmes, in order of priority , from amongst the local persons by the various Ward Sabha falling under its jurisdiction; (d) to ensure proper utilization and disbursement of funds or assets to the beneficiaries; (e) to ascertain and certify the proper utilization of funds for plans , programmes and projects by the Gram Panchayats referred to in clause (a); (f) to exercise social audit in respect of plots aliotted to the weaker sections of the society; (g) to mobilize voluntary labour and contribution in kind or cash or both for the community welfare programmes; (h) to promote literacy , education, health and nutrition; (i) to promote unity and harmony among all sections of the society in such area; to seek clarifications from the Chairperson and members of the Gram Panchayat about any particular activity, scheme, income and expenditure; (k) to lease out any minor water body within a specified area for the purpose of fishing and other commercial purposes; (I) . to regulate the use of water of rivers , streams , minor water bodies for irrigation purposes; (m) to exercise the right of management over minor forest produce; (n) to exercise control over local plans and resources for such plans including tribal sub-plan; to manage Village Markets; (p) to invoke the right to be consulted before making the acquisition of land in the area for development projects and before resettling or rehabilitating persons affected by such projects in the area; (q) to consider and approve the recommendations made by each Ward Sabha in the area of such Gram Panchayat; (r) to consider the Annual Budget of the Gram Panchayat , and make recommendations thereon; (s) to consider the report of audit and accounts of the Gram Panchayat; (t) to ensure active participation of people in maintenance and equitable distribution development schemes in the Village; implementation , of benefits of (u) to promote general awareness amongst the people; (v) to exercise control through the Gram Panchayat over institutions and functionaries in social sectors transferred to or appointed by that Panchayat; (w) to manage natural resources including land , water and forests within the area of the Village in accordance with provisions of the Constitution and other relevant laws for the time being in force; (x) to supervise sanitation, conservation and prevention and abetment of nuisance; (y) to supervise the construction , repair and maintenance of public wells, ponds and tanks and supply of water for domestic animals; (z) to supervise the construction and maintenance of sources of water for bathing and washing and supply of water for domestic animals; (aa) to supervise the construction and maintenance of Village roads, culverts , bridges, jhoras and other works and building of public utility; (bb) to supervise the construction , maintenance and cleari ng of public street , latrines, drains, tanks, wells and other public places; (cc) filling in of disused wells, unsanitary ponds, pools ditches and pits and conversion of step wells into sanitary wells; (dd) to supervise the lighting of Village streets and other public places; (ee) to assist in removal of hindrances and projections to public streets and places as well as the spaces which are not private properties or which are open for public use whether such places are vested in the Panchayat or belong to the State Government; (ff) to supervise recreations, games-shows, shops, eating houses and vendors of beverage, sweets, fruits, milk and similar other articles; (gg) to supervise the construction of houses, cess-pits uri~p . ls, drains and flush latrines; (hh) to manage public land, extension and development of Village stte; (ii) to dispose off corpses, carcasses (including those unclaimed) and other obnoxious articles in such a way that the same may not be injurious to public health; Ui) to earmark places for dumping refuse; (kk) to regulate sale and preservation of meat; (II) to maintain Gram Sabha-properties; (mm) to establish and rnanaqe cattle pounds, maintenance of records regarding cattle, maintaining grazing grounds and other lands lying within control of the Gram Sabha; (nn) to take care of ancient and historical monuments other than those which have been declared to be of national importance; to maintain the records of births, deaths and marriages; (pp) to assist in census or other surveys done by the Centre , State or other organizations constituted lawfully; (qq) to provide assistance in control of contagious diseases, vaccination work etc.; (rr) to help the differently abled and destitute; (ss) to strengthen youth welfare, family welfare and sports; (tt) to encourage afforestation and conservation of village forestry; (uu) to abolish social evils like dowry, child marriage & drug abuse etc.; (vv) to prepare schemes for basic amenities and making arrangements thereof; (ww) to execute work assigned by District Panchayat; (xx) to execute and supervise development schemes and construction work as per specified schemes within the Gram Sabha area; (yy) to control and monitor beneficiary oriented schemes and programmes; (zz) to exercise control over institutions and functionaries in all social sectors transferred to or appointed by the Gram Sabha; (aaa) to disseminate information regarding development land welfare activities; (bbb) to participate in and canvassing of programmes of Health and Literacy and such other time bound developmental programmes; (ccc) to collect essential socio-econornic data; (ddd) to provide feedback on the performance of development programmes; (eee) to resort to moral sanction to pay taxes, repayment of loans , promote environmental cleanliness and to maintain social harmony; (Iff) to mobilize local resources to augment resources of the Gram Panchayat; (ggg) to supervise development activities as volunteer teams; Insertion of new section 11A (hhh) to make arrangements for reporting urgently incidence of epidemics, natural calamities, etc . (iii) to exercise and discharge of powers and functions assigned by the State Government under this Act or any other law in force in the State for the time being . " In the Principal Act, after section 11, the following section shall be inserted namely:- "11 A Function of Ward Sabha": The function of the Ward Sabha shall be- (a) to render assistance to the Gram Panchayat in collection and compilation of details required for formulation of development plans; (b) to generate proposals and fixing priority of development schemes and programmes to be implemented in the area of the Ward Sabha; (c) to identify weaker section of the beneficiaries in order of priority, for the implementation of development schemes pertaining to the area of Ward Sabha: (d) to render assistance in effective implementation of development scheme; (e) to suggest the location of public utilities , amenities and services like street lights, community water taps, public wells , public sanitation units, irrigation facilities etc . ; (f) to formulate schemes and imparting awareness on matters of public interest like cleanliness, preservation of environment , prevention of pollution, guarding against social evils etc; (g) to promote harmony and unity among various groups of people; (h) to verify the eligibility of persons getting various kinds of welfare assistance from State Government such as pensions and subsidies; (i) to obtain information on the detailed estimates of works proposed to be taken in the area of the Ward Sabha; exercise social audit in all works implemented in the area of the Ward Sabha and awarding utilization and completion certificate for such works;: , to obtain information from the officials concerned as to the services they will render and the works they propose to do in the area of the Ward Sabha; (k) to assist the activities of parent-teacher associations in the area; (I) to promote literacy, education, health, child care and nutrition; (m) to monitor and render assistance to the beneficiary communities engaged in the developmental activities within the area of the Gram Panchayat; Substitution of reference to certain expression by certain other expression Amendment of section 13 Amendment of section 16 Insertion of new section 16 A (n) to ascertain the rationale behind every decision taken by the Gram Panchayat regarding the area of the Ward Sabha; to ascertain the follow up action taken on the decisions of the Ward Sabha and the detailed reasons for not implementing any of the decisions; (p) to co-operate with the employees of the Gram Panchayats in the sanitation processes and rendering voluntary service for the removal of garbage; (q) to find out the deficiencies in the arrangements for water supply, street lighting etc . within the area of the Ward Sabha and to suggest remedial measures; (r) to assist the public health activities especially the prevention of diseases and family welfare, within the area of the Ward Sabha; (s) to perform such other functions as may be prescribed from time to time " .

Section 2