The Bihar Panchayat Raj (Amendment) Act, 2017

1. (1) This Act may be called the Bihar Panchayat Raj (Amendment) Act, 2017.
2. (2) It shall extend to the whole of the State of Bihar excepting the areas to which the provisions of the Bihar Municipal Act, 2007 (Bihar Act No. 11 of 2007) or Cantonment Act, 1924 (Act II of 1924) apply.
3. (3) It shall come into force at once.

1. (1) The sub section
2. (1) shall be substituted as follows :- "(I) Subject to the rules made in this behalf by the Government, a Gram Panchayat shall constitute the following committees for effective discharge of its following functions:-
   • (i) Planning, Co-ordination and Finance Committee - for performing general functions relating to Gram Panchayat including subjects mentioned in section 22, co-ordination of the work of other committees and all residuary functions not under the charge of other committees.
   • (ii) Production Committee - for monitoring and supervision of functions relating to agriculture, animal husbandry, dairy, poultry and fisheries, forestry-related areas, khadi, village and cottage industries and poverty alleviation programmes.
   • (iii) Social Justice Committee - for monitoring and supervision of functions relating to : a. Promotion of educational, economic, social, cultural and other interests of Scheduled Castes, Scheduled Tribes and other weaker sections. b. Protection of such castes and classes from social injustice and all forms of exploitation. c. Welfare of women and children.
   • (iv) Education Committee - for monitoring and supervision of functions relating to education, including primary, secondary and mass education, libraries and cultural activities.
   • (v) Committee on Public Health, Family Welfare and Rural Sanitation - for monitoring and supervision of functions relating to public health, family welfare and rural sanitation.
   • (vi) Public Works Committee - for monitoring and supervision of functions relating to all kinds of constructions and maintenance including rural housing, sources of water supply, roads and other means of communication, rural electrification and related works."
3. (2) Sub-sections (2) shall be substituted as follows:- "(2)(i) The standing committees mentioned in clause (i) to (v) under sub-section (1) of section 25 shall be constituted by election from among the elected members of the Gram Panchayat. Each such committee shall consist of not less than three and not more than five members including the chairman.
   • (ii) The Public Works Committee shall consist of all the Gram Panchayat Members (Ward Members) elected from the different wards of the Gram Panchayat as members.
   • (iii) Each committee can co-opt not more than two members from among experts or public spirited persons for effective discharge of its responsibilities."
4. (3) Sub-section (3) shall be substituted as follows:- "(3) The Mukhiya shall be the ex-officio member and chairman of the Planning, Co-ordination and Finance Committee and the Public Works Committee. The Up-Mukhiya shall be the ex-officio member and chairman of the Social Justice Committee. The Mukhiya shall nominate a chairman of each other committee from among its elected members. Provided that each committee shall have at least one woman member and further, social justice committee shall have a member belonging to the Scheduled Castes or Scheduled Tribes, subject to availability."
5. (4) Sub-section (5) shall be substituted as follows:- "(5) Panchayat Secretary shall be the secretary of the Planning, Co-ordination and Finance Committee and Public Works Committee. For other Standing Committees the District Magistrate or any other officer authorised by him in this behalf shall nominate a Government servant to function as secretary."

1. (1) Clause (a) of sub-section (5) of section 26 of the Act shall be substituted as follows:- "(a) Contributions and grants, if any, made by the Central or State Government including grants received on the basis of recommendations of the Central Finance Commission or State Finance Commission."
2. (2) A new sub-section (7) shall be inserted after sub-section (6) of section-26 of the Act:- "(7) For equitable development of the Gram Panchayat area, the Government shall be competent to issue necessary instructions to the Gram Panchayat from time to time with respect to utilization and expenditure of money from the Gram Panchayat Fund and such direction shall be binding on the Gram Panchayat."

The following new Section 170B and Section 170C shall be inserted after Section 170A of the Act, respectively:- "170B Ward Implementation and Management Committee.-(1) A Ward Implementation and Management Committee shall be constituted by Ward Sabha for discharge of its functions/ responsibilities. The Gram Panchayat Member elected from the concerned Ward shall be the ex-officio chairman of the Ward Implementation and Management Committee. The composition, tenure etc. of Ward Implementation and Management Committee will be such as may be prescribed by the Government.

1. (2) Ward Implementation and Management Committee shall mainly discharge the following functions:-
   • (a) To generate proposals and determine the priority of schemes and development programmes for consideration of the Ward Sabha.
   • (b) To assist the Ward Sabha in generating awareness on issues like literacy, public sanitation, health, environment, pollution control etc.
   • (c) To select appropriate locations on behalf of Ward Sabha for water supply, public sanitation units and other public amenity schemes.
   • (d) To work under general control of Ward Sabha/Gram Panchayat for prevention of epidemics and natural calamities.
   • (e) Execution of schemes/programmes/responsibilities given from time to time by Ward Sabha/ Gram Panchayat.
2. (3) For execution of public works schemes, the Ward Implementation and Management Committee shall function under the Public Works Committee constituted under section 25 (1)(vi) of the Act." "170C Power of the Government to issue directions for implementation of schemes by Ward Implementation and Management Committee:- Notwithstanding anything contained in the Act, the Government may issue directions to Gram Panchayat to implement schemes approved for the Ward through Ward Implementation and Management Committee from the Gram Panchayat Fund. The schemes shall be executed by the Ward Implementation and Management Committee in accordance with the directions issued from time to time by the Government."

1. (1) The Bihar Panchayat Raj (Amendment) Ordinance, 2017 (Bihar Ordinance No. 1, 2017) is hereby repealed.
2. (2) Notwithstanding such repeal anything 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.