Chapter VIII MISCELLANEOUS

Every Panchayat shall have the power to revise or modify any decision taken by any of its

Power of Government to make rules -(1) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

1. (2) Every rule made under this section shall be laid before each House of the State Legislature.
2. (3) A rule under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement and laid before both Houses of the State Legislature. Subject to any modification made under this Act, every rule made under this Act shall have effect as if enacted in this Act.
3. (4) In making a rule under this section the Government may provide that a person guilty of breach thereof shall, on conviction, be punished with fine which may extend to five hundred rupees and where the breach is a continuing one with further fine which may extend to a maximum of twenty-five rupees for every day on and after the first day on which the breach continues.

Panchayat may, subject to the provisions of this Act and the rules made thereunder and with the previous sanction of the Zila Parishad, make bye-laws to carry out the purposes of this Act in so far as it relates to its powers and duties.

1. (2) In particular and without prejudice to the generality of the foregoing power, a Gram Panchayat with the previous sanction of Zila Parishad may make such bye-laws as may be required to discharge the functions and duties entrusted to it under this Act.
2. (3) In making any bye-laws under sub-sections (1) and (2) the Gram Panchayat may provide that a contravention thereof shall be punishable with such fine as may be prescribed.
3. (4) 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. (5) 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.

Panchayat Samiti 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.

1. (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.

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.

1. (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.

Government may, subject to the provisions of this Act and the rules made thereunder and after previous publication of the draft for a period it deems proper, make model regulations and bye-laws for Gram Panchayats, Panchayat Samitis and Zila Parishads.

1. (2) A Gram Panchayat, Panchayat Samiti or Zila 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 within the jurisdiction of the Gram Panchayat,

Power of Government to dissolve and reconstitute Panchayats when the limits of Panchayat areas are altered - (1) When on account of the reason that the limits of a Panchayat area are altered, the Government may by order published in the Official Gazette dissolve such Panchayat, from a date specified in the order, and direct that the Gram Panchayat, Panchayat Samiti or Zila Parishad concerned -

1. (i) be reconstituted for the Panchayat area of which the Gram Panchayat or Block of which Panchayat Samiti or the District of which Zila Parishad has been dissolved ; or
2. (ii) be established for a Panchayat area, Block or District which has been newly constituted.

1. (2) The Members of that Gram Panchayat, Panchayat Samiti or Zila Parishad, which has been dissolved under sub-section(1) shall vacate their offices from the date specified in the order of the Government.
2. (3) The Gram Panchayat, Panchayat samiti or Zila 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 were members of the Gram Panchayat, Panchayat Samiti or Zila Parishad which has been dissolved under sub-section (1).
3. (4) The Pramukh of Panchayat Samiti or Adhayaksha of Zila Parishad shall be elected in the manner provided in this Act. The Mukhiya of such Gram Panchayat shall be elected from amongst the members of Gram Panchayat nominated by the Government under provision of sub-section (3)
4. (5) The term of the Gram Panchayat, Panchayat Samiti or Zila Parishad so reconstituted or established shall be for such period not exceeding six months as the Government may by order specify.
5. (6) Before the expiry of the term of the Gram Panchayat, Panchayat Samiti or Zila Parishad constituted under sub-section (5), every Gram Panchayat or Panchayat Samiti or Zila Parishad shall be constituted in the manner as provided by this Act : Provided that where the remainder of the period for which the dissolved Gram Panchayat, Panchayat Samiti or Zila 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, Panchayat Samiti or Zila Parishad for such period.
6. (7) A Gram Panchayat, Panchayat Samiti or Zila Parishad constituted under sub-section (6) shall continue only for the remainder of the period for which the dissolved Gram Panchayat, Panchayat Samiti or Zila Parishad would have continued had it not been so dissolved.
7. (8) When a Gram Panchayat, Panchayat Samiti or Zila Parishad has been dissolved and reconstituted or established under this section,

such of the Gram Panchayat, Panchayat Samiti or Zila Parishad fund and other property vested in the Gram Panchayat, Panchayat Samiti or Zila Parishad which has been dissolved shall vest in and such portion of the debts and obligations shall be transferred to the Gram

Panchayat, Panchayat Samiti or Zila Parishad reconstituted or established under this section as the Government may, by order in writing, direct.

1. (9) The rights and liabilities of the Gram Panchayat, Panchayat Samiti or Zila Parishad which has been dissolved 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, Panchayat Samiti or Zila Parishad reconstituted or established shall vest in such Gram Panchayat, Panchayat Samiti or Zila Parishad.

1. (10) Any appointment, notification, notice, tax, order, scheme, license, permission, rule, regulation or form made, issued, imposed or granted by the Gram Panchayat, Panchayat Samiti or Zila Parishad which has

been dissolved in respect of any part of area subject to the authority of the Gram Panchayat, Panchayat Samiti or Zila Parishad will continue unless and until it is suspended by any appointment, notification, notice, form, order, scheme, license, permission, rule, regulation or form, made, issued, imposed or granted by such reconstituted Gram Panchayat, Panchayat Samiti or Zila Parishad.

1. (11) If any difficulty arises in giving effect to the provisions of the preceding sub-sections, the Government may by order published in

the Official Gazette, as the occasion may require, do anything which appears to be necessary to remove the difficulty.

(1) The Government may, at any time, by a general or special order, cause an inquiry to be made by Government officers in regard to any matters with respect to which the sanction, approval, consent or orders of the Government or the Commissioner 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 to take evidence and to compel attendance of witnesses and production of documents for the purpose of the inquiry. (3) The Government or the Commissioner may make orders as to the cost 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.

1. (2) The Officer holding such inquiry shall have the powers of the Civil

Court under the Code of Civil Procedure, 1908 to take evidence and to compel attendance of witnesses and production of documents for the purpose of the inquiry.

1. (3) The Government or the Commissioner may make orders as to the cost 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.

The Government may prescribe appropriate officials to inspect the offices of different levels of Panchayats including their records and accounts at regular intervals. A copy of the inspection note shall be forwarded to the concerned Panchayat which who shall either remedy the defects or irregularities which may be have been pointed out in the inspection note within two months of its receipt or supply such explanation to the prescribed authority in regard to such defects or irregularities as it may wish to give.

Power of revision and review by Government -(1) The State Government may, either of its own motion or on an application from any person interested, call for and examine the records of a Panchayat or of a Standing Committee thereof in respect of any proceedings to satisfy itself as to the correctness, legality or propriety of any decision(s) or order(s) passed therein or as to the regularity of such proceedings and, if in any case, it appears to the State Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, it may pass the order accordingly : Provided that the State Government shall not pass any order prejudicial to any party unless such party has had a reasonable opportunity of being heard in the matter.

1. (2) The State Government may stay the execution of any such decision or order(s) prejudicial to any party, pending the exercise of its powers under sub-section (1) in respect thereof.
2. (3) The State Government may, of its own motion or on an application received from any person interested, at any time within ninety days of the passing of an order/orders under sub-section (1) review any such order(s) if it was passed by it by mistake, whether of fact or of law or in ignorance of any material fact. The provisions contained in the proviso to sub-section (1) and in sub-section (2) shall also apply to a proceeding under this sub-section.

(1) For the purpose of efficient and economical execution of any works or development schemes undertaken by a Panchayat, if an Officer or person authorized by or under any general or special order of the Government considers it necessary for that purpose to give technical guidance or assistance to any officer of or under the Panchayat who is charged with the execution or maintenance of any such works or development scheme, then the officer or person so authorized may inspect such works or development schemes and give such guidance, assistance or advice as he thinks necessary in relation to such works or development schemes and shall forward to the Panchayat a report on the inspection made pointing out therein any irregularities noticed and his suggestions for improvement. (2) In implementing the plans or schemes the rules of implementation applicable to Government departments such as for purchase, tender, quality control, technical sanctions, accounts and audit and supervision shall mutatis mutandis be applicable to the extent and till such time as separate rules are not made for Panchayats in this regard.

1. (2) In implementing the plans or schemes the rules of implementation applicable to Government departments such as for purchase, tender, quality control, technical sanctions, accounts and audit and supervision shall mutatis mutandis be applicable to the extent and till such time as separate rules are not made for Panchayats in this regard.

(1) Notwithstanding anything contained in this Act, it shall be lawful for the Government to issue directions to any Panchayat in matters relating to state and national policies, government programmes and any other matter of public importance and such directions shall be binding on the Panchayat. (2) The Government may- (a) call for any record or register or other document in possession or under the control of any Panchayat; (b) require any Panchayat to furnish any return, plan, estimate, statement, account or statistics, and, (c) require any Panchayat to furnish any information or report on any matter related/connected with such Panchayat.

1. (2) The Government may-
   • (a) call for any record or register or other document in possession or under the control of any Panchayat;
   • (b) require any Panchayat to furnish any return, plan, estimate, statement, account or statistics, and,
   • (c) require any Panchayat to furnish any information or report on any matter related/connected with such Panchayat.

meetings called to consider no confidence motion —If the District Magistrate suo motu or upon information being recieved from any source, is of the opinion that any irregularity or mistake is being committed so far as provisions related to conduct of any special meeting of a Panchayat to consider a no confidence motion is concerned, he shall have the power to issue such directions as considered necessary for complying with the provisions of the Act in that regard. He may also depute any officer to be present in such a meeting and to call for a report from such officer.

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 the 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 center into a secondary health center 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 on the relevant Panchayat Functions List and if it is deemed to be necessary to withdraw from the Panchayat the 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, rights 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.

1. (2) The Government may, by notification in the Official Gazette amend or add any activity, programme or scheme assigned to a Panchayat under this Act. On the issue of such notification, the relevant

Power of Zila Parishad to suspend the execution of order(s) etc. of Gram Panchayat - (1) If in the opinion of the Zila 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 any thing which is about to be done, or is being done, by or on behalf of a Gram Panchayat is unjust, unlawful or improper or is likely to cause injury or annoyance to the public or lead to a breach of peace, it may, by order suspend the execution or prohibit the doing thereof.

1. (2) When the Zila 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 the discretion of the Government to confirm or rescind the order or to direct that that the same shall continue to be in force with or without modification, permanently or for such period as the Government thinks fit : Provided that no order of the Zila Parishad passed 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.

(1) If, in the opinion of the Zila Parishad or the Government, a Gram Panchayat 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 by any other law for the time being in force, the Zila Parishad or the Government as the case be, may by order published in the Official Gazette dissolve such Gram Panchayat. (2) If in the opinion of the Government, a Panchayat Samiti or a Zila 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 by any other law for the time being in force, the Government may, by an order published in the Official Gazette, dissolve such Panchayat Samiti or Zila Parishad, as the case may be. (3) Before publishing an order under sub-section (1) or sub-section(2), the Zila Parishad or the Government shall communicate to the Gram Panchayat or the Panchayat Samiti or the Zila Parishad, as the case may be, the grounds on which it proposes to do so, fix a reasonable period for the Panchayat concerned to show-cause against the proposal and consider its explanations and objections, if any. (4) When a Gram Panchayat or Panchayat Samiti or Zila Parishad is dissolved all the members of the Gram Panchayat or Panchayat Samiti or Zila Parishad shall, from the date specified in the order, vacate their offices as its members. (5) If a Gram Panchayat or Panchayat Samiti or Zila Parishad is dissolved- (a) all the powers and duties of the Gram Panchayat or Panchayat Samiti or Zila Parishad shall, during the period of its dissolution be exercised and performed by such person or persons as the Zila 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 Panchayat Samiti or Zila Parished shall during the period of dissolution vest in the Zila Parishad or the Government, as the case may be; and (c) the persons vacating office on dissolution shall be eligible for re-election or re-nomination. 161.Creation of District Panchayat Service Cadre - The Zila Parishad may constitute such cadre of employees on such terms and conditions as may be prescribed by the State Government. The members of such cadre may be transferable within the Panchayats of that district.

1. (2) If in the opinion of the Government, a Panchayat Samiti or a Zila 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 by any other law for the time being in force, the Government may, by an order published in the Official Gazette, dissolve such Panchayat Samiti or Zila Parishad, as the case may be.
2. (3) Before publishing an order under sub-section (1) or sub-section(2), the Zila Parishad or the Government shall communicate to the Gram Panchayat or the Panchayat Samiti or the Zila Parishad, as the case may be, the grounds on which it proposes to do so, fix a reasonable period for the Panchayat concerned to show-cause against the proposal and consider its explanations and objections, if any.
3. (4) When a Gram Panchayat or Panchayat Samiti or Zila Parishad is dissolved all the members of the Gram Panchayat or Panchayat Samiti or Zila Parishad shall, from the date specified in the order, vacate their offices as its members.
4. (5) If a Gram Panchayat or Panchayat Samiti or Zila Parishad is dissolved-
   • (a) all the powers and duties of the Gram Panchayat or Panchayat Samiti or Zila Parishad shall, during the period of its dissolution be exercised and performed by such person or persons as the Zila 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 Panchayat Samiti or Zila Parished shall during the period of dissolution vest in the Zila Parishad or the Government, as the case may be; and
   • (c) the persons vacating office on dissolution shall be eligible for re-election or re-nomination. 161.Creation of District Panchayat Service Cadre - The Zila Parishad may constitute such cadre of employees on such terms and conditions as may be prescribed by the State Government. The members of such cadre may be transferable within the Panchayats of that district.

Panchayat, Executive Officers of the Panchayat Samiti and the Chief Executive Officer of the Zila Parishad shall exercise general control over all officers and employees appointed / engaged by the respective Panchayats.

1. (2) The officers mentioned in sub section (1) may award any punishment, other than dismissal, removal or reduction in rank to such officer or employee of the Panchayat.
2. (3) The officer mentioned in sub section (1) may recommend the dismissal, removal or reduction in rank of such officer or employee of the Panchayat and submit recommendation to the concerned Panchayat and the Panchayat may dismiss, remove or demote such officer or employee in accordance with the rules made in this behalf.
3. (4) No officer or employee of the Panchayat shall be punished by the

Appeal - (1) In respect to orders passed under sub-section (2) of section 162, the appeal shall lie with the respective Panchayat .

1. (2) In respect to orders passed under sub-section (3) of section 162 the appeal against the orders of the Gram Panchayat and the Panchayat Samiti shall lie with the District Magistrate or such other authority as may be prescribed and the appeal against the orders of Zila Parishad shall lie with the concerned Commissioner or such other authorities as may be prescribed.
2. (3) Such appeal may be filed in the prescribed manner in within ninety days of the order.

Subject to the provisions of the Act, the rules framed thereunder and to any general or special direction given by the State Government in that respect, the officers and employees employed by the Panchayat and the officer and employees whose services have been placed at the disposal of the Panchayat by the State Government shall exercise such powers, perform such functions and discharge such duties, as the Panchayat may determine.

1. (1) Subject to any general or special order of the State Government notified in the Official Gazette the function and administrative control of

all State Government institutions, projects, schemes and offices located within the Gram Panchayat shall vest in the Gram Panchayat.

1. (2) When such institutions, projects, schemes and offices serve the jurisdiction beyond one Gram Panchayat, the function and administrative control over that institution shall vest with the concerned Panchayat Samiti.
2. (3) Where the institution, projects, schemes and offices serve the area beyond that of a Panchayat Samiti, the function and administrative control over that institution shall vest in the Zila Parishad. Illustration-(i) Functional and administrative control over Primary, Middle and Secondary Schools, Health Sub Centres, Charwaha Vidyalayas, Hand Pumps, Irrigation, Tube wells etc. serving the people of the Gram Panchayat shall vest in the Gram Panchayat.
   • (ii) The functional and administrative control over the Primary Health Centre, which serves more than one Gram Panchayat shall vest in the concerned Panchayat Samiti.
   • (iii) The functional and administrative control over Referral Hospital which serves more than one block shall vest in the Zila Parishad.
   • (iv) Disciplinary and administrative control over officers and employees of the State Government working in such institutions, projects, schemes and offices, other than dismissal, removal or reduction in rank, shall vest in the respective Panchayat including the power of suspension.

(1) Every Gram Panchayat shall prepare every year a development plan and submit it to the Panchayat Samiti before such date and in such form as may be prescribed. (2) Every Panchayat Samiti shall prepare every year a development plan for its area after including the development plans, of the concerned Gram Panchayats and submit it to the Zila Parishad before such date and in such form as may be prescribed. (3) Every Zila Parishad shall prepare every year a development plan of the district after including the development plans of the concerned

1. (2) Every Panchayat Samiti shall prepare every year a development plan for its area after including the development plans, of the concerned Gram Panchayats and submit it to the Zila Parishad before such date and in such form as may be prescribed.
2. (3) Every Zila Parishad shall prepare every year a development plan of the district after including the development plans of the concerned

District Planning Committee -(1) The Government shall constitute in every district a District Planning Committee to consolidate the plans prepared by the Panchayats and Municipalities in the district and to prepare a draft development plan for the district as a whole.

1. (2) The District Planning Committee shall consist of:
   • (a) Adhyaksha of the Zila Parishad;
   • (b) Mayor or President of the Municipality having jurisdiction over the headquarters of the District;
   • (c) 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 Panchayats and Municipalities in the district, in proportion to the ratio between the population of the rural areas and of the urban areas in the district under the direction, control and supervision of the State Election Commission : Provided that as nearly as practicable, fifty percent of such elected members shall be women; Provided further that if there is no elected member from the Scheduled Castes, Scheduled Tribes or Backward Classes categories, the Government may nominate such number of members from Scheduled Castes, Scheduled Tribes or Backward Classes catetgories as it deems fit from amongst the members of the Panchayats and Municipalities in the district.
2. (3) Members of the Lok Sabha who represent the whole or part of the district, the members of the Rajya Sabha who are registered as electors in the district, all the members of the State Legislative Assembly whose constituencies lie within the district, the members of the State Legislative Council who are registered as electors in the district and the District Magistrate and the Chairman of the District Co-operative Bank/Land Development Bank shall be permanent invitees of the Committee.
3. (4) The Chief Executive Officer shall be the Secretary of the Committee.
4. (5) The Adhyaksha of the Zila Parishad shall be the Chairman of the District Planning Committee.
5. (6) The District Planning Committee shall consolidate the plans prepared by the Panchayats and Municipalities in the district and prepare a draft development plan for the district as a whole.
6. (7) Every District Planning Committee shall in preparing the draft development plan-
   • (a) have regard to,
     • (i) the matters of common interest between the Zila Parishad, Panchayat Samitis, Gram Panchayats, Nagar Panchayats, Municipal Councils and the Municipal Corporations in the district including local 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 organizations as the Government may by order specify.
7. (8) The Chairman of every District Planning Committee shall forward the development plan, as recommended by such Committee to the

Finance Commission for Panchayats - (1)The Government shall as soon as may be from the commencement of this Act and thereafter on the expiration of every fifth year constitute a Finance Commission to review the financial position of the Zila Parishads, Panchayat Samitis and Gram Panchayats and to make recommendations to the Government with regard to-

1. (a) the principles which should govern
   • (i) the distribution between the State and the Zila Parishads, Panchayat Samitis and Gram Panchayats of the net proceeds of the taxes, duties and fees livable by the Government which may be divided between them and allocation between the Zila Parishads, Panchayat Samitis and Gram Panchayats of their respective shares of such proceeds;
   • (ii) the determination of the taxes, duties and fees which may be assigned to or appropriated by the Zila Parishads, Panchayat Samitis and Gram Panchayats;
   • (iii) the grants-in-aid to Zila Parishads, Panchayat Samitis and Gram Panchayats from the Consolidated Fund of the State;
2. (b) the measures needed to improve the financial position of the Zila Parishads, Panchayat Samitis and Gram Panchayats;
3. (c) any other matter referred to the Finance Commission by the Governor in the interest of sound finance of the Zila Parishads, Panchayat Samitis and Gram Panchayats.

1. (2) The Finance Commission shall consist of a Chairman and two other members.
2. (3) The Chairman and members of the Finance Commission shall possess such qualification and shall be appointed in such manner as may be prescribed.
3. (4) The Finance Commission shall determine its own procedure.
4. (5) The Chairman or a member of the Finance Commission may resign his office by writing under his hand and addressed to the Finance Secretary to the Government, but he shall continue in office until his resignation is accepted by the Government.
5. (6) The casual vacancy created by the resignation of the member or Chairman under sub-section(5) or for any other reason may be filled by fresh appointment and a member or Chairman so appointed shall hold office for the remaining period for which the member or Chairman in whose place he was appointed, would have held his office.
6. (7) The Commission shall have the following powers in the performance of its functions namely:-
   • (a) to call for any record from any officer or authority;
   • (b) to summon any person to give evidence or to produce records, and
   • (c) such other powers as may be prescribed.
7. (8) The Government 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 both the Houses of the State Legislature.

day of April in every year and not later than such date as may be fixed by the Government, the Panchayat Secretary shall place before the Gram Panchayat a report of the administration of the Gram Panchayat during the preceding year in such form and with such details as the Government may direct and shall forward the report with the resolution of the Gram Panchayat thereon to the Zila Parishad.

1. (2) 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 Executive Officer shall place before the Panchayat Samiti a report of the administration of the Panchayat Samiti during the preceding year in such form and with such details as the Government may direct and shall forward the report with the resolution of the Panchayat Samiti thereon to the Zila Parishad.
2. (3) Zila Parishad shall on receipt of the reports under sub-section (1) and (2) review the working of the Gram Panchayats and Panchayat Samitis and shall submit a consolidated report in this behalf to the Government.
3. (4) 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 Zila Parishad shall prepare a report on the administration of the Zila Parishad during the preceding year in such form and with such details as the Government may direct and submit the report to the Zila Parishad. After approval by the Zila Parishad the report shall be submitted to the Government.

1. (5) The report submitted to the Government under sub-sections (3) and
2. (4) shall together with a memorandum by the Government reviewing the working of the Gram Panchayats, Panchyat Samiti and Zila

Public Servant—All members, officers and employees of the Gram Panchayat, Panchayat Samiti and Zila Parishad shall be deemed, when acting or purporting to act in pursuance of the discharge of their duties, or in the exercise of their powers under this Act or under the rules or bye-

laws made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act, 45 of 1860)

1993) as amended from time to time is hereby repealed, Provided that such repeal shall not affect-

a. the previous operations of the said enactments or anything duly done or suffered thereunder; or b. any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments; or c. any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or d. any investigation, legal proceeding or remedy in respect of such right, privilege, obligation. liability, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy that have been instituted, continued or enforced, and any such penalty, forfeiture or punishment that might have been imposed, as if this Act has not been promugalated.

1. (e) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Act shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such things or action was done or taken.
2. (f) Notwithstanding such repeal the Gram Panchayats, Panchayat Samiti and Zila Parishads, which were validly constituted under the repealed Act, shall continue to function till the constitution and the first meeting of Gram Panchayats, Panchayat Samiti and Zila Parishads under this Act.
3. (g) Notwithstanding such repeal all rules made under the repealed Bihar

Removal of difficulties – If any difficulty arises in giving effect to the provisions of this Act, the Government, may by order, published in the

Repeal and Saving - (1) The Bihar Panchayat Raj Ordinance, 2006 (Bihar Ordinance no. 1, 2006) is hereby repealed.

1. (2) Notwithstanding such repeal any thing done or any action taken in exercise of any power conferred by, or under the said ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act inforce on the day on which such thing was done or action taken.