Vidhi Codex

The Bihar Panchayat Raj Act, 2006

The Bihar Panchayat Raj Act, 2006

Infrastructure2006168 sections7 chapters

This law establishes a system of local self-government in rural areas of Bihar, replacing the previous 1993 legislation. It creates and governs Panchayats, which are village-level councils, and higher bodies like Panchayat Samitis and Zila Parishads. The Act applies to the entire state except for municipal and cantonment areas. It defines the powers, functions, and administrative structure of these local bodies to ensure democratic representation and effective governance for rural communities, thereby empowering citizens to participate in local decision-making and development.

Start reading →Read full ActSections

Chapter I Chapter I →

  1. 1Short title, extent and commencement —(i) This Act may be called
  2. 2Official Gazette.

Chapter II GRAM SABHA →

  1. 3Period of Meetings
  2. 4Convening of Meetings — (1) A notice of the meeting of the Gram
  3. 5The Executive Officer may depute a Government servant to be present in such a meeting on his behalf.
  4. 6Sabha shall be required.
  5. 7Matters for Consideration
  6. 8Resolution — Any resolution relating to matters entrusted to the Gram
  7. 9Functions — The Gram Sabha shall perform the following functions :
  8. 10Vigilance Committee

Chapter III GRAM PANCHAYAT →

  1. 11Declaration of Gram Panchayat Area —(1) Subject to the general or
  2. 12Composition of Gram Panchayat —(1) The Gram Panchayat shall
  3. 13Reservation of seats —(1) In every Gram Panchayat, as nearly as but
  4. 14Duration of Gram Panchayat —(1) Every Gram Panchayat unless
  5. 15Election of Mukhiya and Up-Mukhiya — (1) A Mukhiya of the Gram
  6. 16Bihar Panchayat Raj Act, 1993.
  7. 17Powers, Functions and Duties of Mukhiya and Up Mukhiya —(1)
  8. 18Resignation or Removal of Mukhiya or Up-Mukhiya —(1)The
  9. 19Resignation of Members of the Gram Panchayat — A member of Gram
  10. 20Meeting of Gram Panchayat
  11. 21Quorum and Procedure — (1)The quorum for a meeting of the Gram
  12. 22Functions of Gram Panchayat
  13. 23Assignment of Functions to Gram Panchayat (1) The Government
  14. 24General powers of the Gram Panchayat
  15. 25Standing Committees of Gram Panchayat
  16. 26Gram Panchayat.
  17. 27Panchayat and the balance to the credit of the Fund shall be kept in such custody as may be prescribed.
  18. 28Financial Assistance to Gram Panchayats —Subject to the
  19. 29Consolidated Fund of the State as recommended by the State Finance Commission, constituted under the provisions of this Act, and as approved and notified by the State Government.
  20. 30Accounts.
  21. 31Audit.
  22. 32Staff of Gram Panchayat.
  23. 33Organisation of Gram Raksha Dal —For general watch and ward and

Chapter IV PANCHAYAT SAMITI →

  1. 34Establishment of Panchayat Samiti-
  2. 35Declaration of Blocks —For the purposes of this Act, the State
  3. 36Composition of Panchayat Samiti- (1) A Panchayat Samiti shall consist
  4. 37Pramukh, only members elected under clause (a) of sub-section (1) shall have the right to vote.
  5. 38Reservation of Seats- (1) In every Panchayat Samiti, as nearly as but not
  6. 40Panchayat Samiti would have continued under Sub-section(1), had it not been so dissolved.
  7. 41Election Commission.
  8. 42Powers, Functions and Duties of the Pramukh- The Pramukh shall-
  9. 43Provided that the Pramukh shall place at the next meeting of the Panchayat Samiti the details of such sanctions for its ratification.
  10. 44Resignation and Removal of Pramukh and Up- Pramukh-
  11. 45Panchayat Samiti.
  12. 46Meetings of Panchayat Samiti
  13. 47Functions and power of Panchayat Samiti
  14. 48Assignment of functions
  15. 49General powers of the Panchayat Samiti-
  16. 50Executive Officer or any other Officer the powers conferred by or under this Act on Panchayat Samiti.
  17. 51Section 51 under the general guidance, supervision and control of Panchayat Samiti.
  18. 52Procedures of Committees -
  19. 53Power to acquire, hold and dispose of Property - (1) A Panchayat
  20. 54Panchayat Samiti Fund
  21. 55Panchayat Samiti Fund shall be singed by the Executive Officer.
  22. 56Loans and Sinking Funds
  23. 57Budget of the Panchayat Samiti- Every Panchayat Samiti shall at such
  24. 58Accounts- The Panchayat Samiti shall keep accounts in such form as
  25. 59Audit
  26. 60Samiti may be carried out in the manner prescribed for this purpose.
  27. 61Powers and Functions of the Executive Officer and other Officers- (1)
  28. 62Establishment of Zila Parishad-
  29. 64Adhyaksha, only the members elected under clause(a) of sub- section(1) shall have the right to vote.
  30. 65Reservation of seats —(1) In every Zila Parishad, as nearly as but not
  31. 66Bihar Panchayat Raj Act, 1993.
  32. 67Election of Adhyaksha and Upadhyaksha -
  33. 68Allowances to the Adhyaksha or Upadhyaksha and other Members-
  34. 69Powers, Functions and duties of the Adhyaksha and Upadhyaksha -
  35. 70Resignations or Removal of Adhyaksha and Up-adhyaksha-
  36. 72Meeting of the Zila Parishad-
  37. 74General powers of Zila Parishad- (1) Subject to the general or special
  38. 75Assignment of Functions - (i) The Government may assign to a Zila
  39. 76Delegation of Powers
  40. 77Standing Committees
  41. 78Functions of the Standing Committees -
  42. 79Procedure of Committees
  43. 80Power to acquire, hold and dispose of property
  44. 81Zila Parishad Fund
  45. 82Taxation - (1) Subject to such maximum rates as the Government may
  46. 83Financial Arrangements for Zila Parishad
  47. 84Budget
  48. 85Accounts
  49. 86Audit
  50. 87Parishad may be made in the manner prescribed for this purpose.
  51. 88Functions of the Chief Executive Officer and other Officers
  52. 89Right to requisition records

Chapter VI ESTABLISHMENT, POWERS, DUTIES AND PROCEDURE OF GRAM →

  1. 90KATCHAHRY AND BENCHES THEREOF.
  2. 91Reservation of seats —(1) In every Gram Katchahry, as nearly as but
  3. 92Magistrate under the direction, control and supervision of the State Election Commission to different constituencies in a Gram Katchahry and in such manner as may be prescribed by it.
  4. 93Election of Sarpanch and Up-Sarpanch - (1) A Sarpanch of the Gram
  5. 94State Election Commission.
  6. 95Term of Office of Sarpanch and Up-Sarpanch - The term of office of
  7. 96Powers and functions of Sarpanch and Up-Sarpanch
  8. 97Resignation or Removal of Sarpanch or Up-Sarpanch - (1) The
  9. 98Resignation of Panch- A Panch of Gram Katchahry may resign his
  10. 99Filling of casual vacancies of Panches
  11. 100Sarpanch, Up-Sarpanch or Panches not to take part in certain proceeding
  12. 101Institution and hearing of suits and cases
  13. 102Duty of a bench of the Gram Katchahry to bring about amicable settlement of dispute
  14. 103A bench of the Gram Ktchahry to inquire into and decide the
  15. 104Proceeding to be followed by a bench of the Gram Katchahry -
  16. 105Form of decision
  17. 106Provided that the failure on the part of any member of the bench to sign the decision shall not affect the validity of such decision.
  18. 107Criminal powers of a bench of the Gram Katchahry -
  19. 108Compensation to be paid by a complainant in case of false,
  20. 109Criminal powers of Sarpanch
  21. 110Exclusive civil jurisdiction of a bench of the Gram Katchahry -
  22. 111Certain suits not to be heard by a bench of the Gram Katchahry -
  23. 112Executive Committee, a Sarpanch or a Panch.
  24. 113No Court to take cognizance of case or suits taken cognizance of by a bench of the Gram Katchahry
  25. 114Transfer of case or suits to a bench of the Gram Katchahry by
  26. 115Withdrawal of case - The Chief Judicial Magistrate/
  27. 116No legal practitioner to appear
  28. 117Katchahry or a bench thereof without the consent of contesting parties and permission of Gram Katchahry or the bench thereof.
  29. 118Power of Chief Judicial Magistrate/ Additional Chief Judicial
  30. 119Procedure for execution of decrees and orders and apprehension of accused in certain cases
  31. 120Limitation of suits - No suit shall be entertained by a bench of the
  32. 121Katchahry shall be the period specified in the corresponding entry of the second column thereof.
  33. 122Power of District Judge to inspect proceedings and records - The

Chapter VII ELECTIONS →

  1. 123State Election Commission - (1) There shall be a State Election
  2. 124Act.
  3. 125Provided that no such notification shall be issued prior to six months before the date fixed for election.
  4. 126Electors of Panchayat
  5. 127Governor under section- 124 of the Act.
  6. 128Observers
  7. 129District Election Officer (Panchayat), Returning Officer, presiding officer,
  8. 130ELECTORAL OFFENCES -
  9. 131Grant of paid holiday to employees on the day of poll
  10. 132Liquor not to be sold, given or distributed on polling day
  11. 133Account of Election Expenses and maximum thereof
  12. 134Disqualification on failure to lodge account of election expenses
  13. 135Qualification for Membership- Every person whose name is in the list
  14. 136Backward Classes or is not a woman, as the case may be, shall be qualified to be elected to such seat.
  15. 137Election Petition- (1) The election to any office of a Panchayat or a
  16. 138Bar to interference by Courts in electoral matters- Not withstanding
  17. 139Act.
  18. 140Grounds on which a candidate other than the returned candidate may be declared to have been elected
  19. 141Corrupt Practices - The following shall be deemed to be corrupt
  20. 142Order as to corrupt practices
  21. 143Communication of orders

Chapter VIII MISCELLANEOUS →

  1. 145Revision of decisions of the Committee
  2. 146Committee.
  3. 147Power of Gram Panchayats to make bye-laws-(1) A Gram
  4. 148Power of Panchayat Samiti to make regulations- (1) A
  5. 149Power of Zila Parishad to make regulations- (1) A Zila Parishad
  6. 150Power of Government to make model regulations- (1) The
  7. 151Panchayat Samiti or Zila Parishad from such date as the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, may specify in a notice published in the prescribed manner.
  8. 152Inquiry into the affairs of the Panchayats
  9. 153Inspection of the offices of Panchayats and records and accounts thereof
  10. 154Copies of such inspection note shall also be forwarded to such other authorities as may be prescribed.
  11. 155Inspection of development schemes
  12. 156Directions from Government
  13. 157Power of the District Magistrate with regard to conduct of special
  14. 158Withdrawal of powers and functions from the Panchayats - (1)
  15. 159Panchayat Functions List shall be deemed to have been amended accordingly.
  16. 160Dissolution of Panchayats
  17. 162Power of Panchayat over the employees - (1) The Mukhiya of Gram
  18. 163Panchayat without giving an opportunity of being heard.
  19. 164Powers and functions of the employees of Panchayat
  20. 165Administrative control of Panchayat over projects, schemes etc. -
  21. 166Preparation of Development Plans
  22. 167Panchayat Samitis and submit it to the District Planning Committee constituted under this Act.
  23. 168Government.
  24. 169Annual Administrative Report -(1) As soon as may be after the first
  25. 170Parishad be laid before both Houses of the State Legislature.
  26. 171Repeal and savings -The Bihar Panchayat Raj Act, 1993 (Bihar Act 19,
  27. 172Panchayat Raj Act, 1993 shall continue to be operative till replaced by fresh rules made under this Act.
  28. 173Official Gazette, as the occasion may require, do anything which appears to it to be necessary to remove the difficulty.

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