Chapter VI I

THE Dtsnucr PANcHAYAT District 54. The Administrator shall, by notification in the Official Gazette, constitute for the Panchayat . districts in the Union territory , a Panchayat at the District level to be called the District Panchayat. Composition of District Panchayat. EXTRAORDINARY No. : 32 DATED : 17TH AUGUST; 2012. 51. (1) if in the opinion of the Administrator , a Gram Panchayat-

1. (a) exceeds or abuses its powers; or
2. (b) is incompetent to perform or makes wilful and persistent default in the performance of the duties imposed on it by or under this Regulation or any other law for the time being in force, or
3. (c) fails to levy the taxes leviable under this Regulation, or
4. (d) persistently disobeys the order of the Chief Executive Officer made under sub-section( 2) of section 49, he may, by order published in the Official Gazette , dissolve the Gram Panchayat.

1. (2) No order under sub-section ( 1) shall be passed without giving to the Gram Panchayat a reasonable opportunity of being heard.
2. (3) If aGram Panchayat is dissolved under sub - section (1), the following consequence shall ensue , namely:
   • (a) all the members of the Gram Panchayat shall, from the date specified in the order, cease to be its members;
   • (b) all powers and duties of the Gram Panchayat shall during the period of dissolution of the Gram Panchayat , be exercised and performed by such person or persons as may be appointed by the Administrator in this behalf.
3. (4) An election to constitute a Gram Panchayat shall be completed before the expiry of a period of six months from the date of its dissolution. 52. (1) If any dispute arises between two or more Gram Panchayats , it shall be referred to a Joint Committee of Panchayat appointed under section 73.
4. (2) If the Joint Committee is unable to resolve the issue it shall be referred to the

The Administrator or Secretary Panchayat may call for and examine the record of the proceedings of any Gram Panchayat for the purpose of satisfying himself as to the legality or propriety of any order passed and may revise or modify the order as he may-deem fit..

1. (1) The District Panchayat shall consist of such number of seats to be filled from such number of wards , as the Administrator may, by order , determine.
2. (2) Subject to the provisions of sub-section ( 3), the territorial boundary for each ward shall be notified by the Administrator on the recommendations of the Election Commission.
3. (3) The seats in the District Panchayat shall be filled by persons chosen by direct election from the wards in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall so far as practicable be the same throughout the District Panchayat area. EXTRAORDINARY No. : 32 DATED : 17T" AUGUST, 2012. 2 of 1974.
4. (4) The following per9on4 shat) also be re emeci in the lliRn ct Pstnr vR1, nsmrly -
   • (a) all the Sarpanchs of the Gram Panchayats;
   • (b) the Member of the Lok Sabha representing the constituency of the Union territory; who shall also have a right to vote in the meetings ( other than the meetings held for the election of President and Vice- President ) of the District Panchayat.
   • (S) The provisions of sub - sections (S), (6),(7) and
5. (8) ofaxtion 12 shall, so far as may be, apply to the District Panchayat as they apply to a Grain Panchayat subject to the modification that for the words " Gram Panchayat " wherever they occur in those provisions, the words " District Panchayat " shall be substituted. S6. The District Panchayat shall, by the name notified in the Official Gazette under section 54 be a body corporate having perpetual succession and a common seal and subject to such restrictions and conditions imposed by or under this Regulation or any other law for the time being in force , have power to acquire , hold, administer and transfer property, both movable and immovable and enter into any contract and shall by thesaid name we or be sued.

unless disqualified under this Regulation or any other law for the time being in force be qualified,- Incorporation of District Panchayat. Persons qualified to vote and be elected (1 to vote at an election to the District Panchayat;

1. (it) be elected to the District Panchayat. S8. (1) No person shall be qualified to be elected to District Panchayat or continue as Ix!uualifcaiw such, if he-
2. (a) has arrears for more than one year of any tax, fee orany sum due to the Gram Pancbayat: Provided that this disqualification shall be operative only if such arrears have been displayed on the public notice board of the Gram Panchayat not less than three months prior to the date of election or notification of such disqualification; or
3. (b) holds any salaried office or office of profit under a Gram Panchayat or the District Panchayat; or
4. (c) has directly or indirectly any share or monetary interest in any work done by Gram Panchayat or the District Panchayat or in any contract or employment with or under or by or on behalf of the District Panchayat or Gram Panchayat; or
5. (d) is a servant of the Government or any municipality or Panchayat; or
6. (e) has been dismissed from the service of the Government or Municipality or Panchayat for misconduct; or

1. (1) has been ordered to give security for good behaviour under section 109 or section 110 of the Code of Criminal Procedure , 1973; or
   • (g) has been convicted by a criminal court of any offence involving violence or moral turpitude and sentenced to imprisonment for not less than three months and a period of five years have not elapsed since his release; or
   • (h) has not attained the age of twenty- one years; or
   • (r) is of ureound mind and has been so declared by a competentcowl; or 0) has been declared by a competent court as an insolvent; or
   • (k) has been disqualified under any law relating to elections for the time being in force for adopting a corrupt practice or for commission of an election offence during the period of such disqualification; or Decision on question as to disqualification. EXTRAORDINARY No. : 32 DATED : 17T" AUGUST, 2012.
     • (I) subject to clause( h), is so disqualified by or under any iaw for the time being in force for the purposes of election to the House of the People; or
   • (m) is not a citizen of India.
2. (2) A person shall be disqualified for being a member of the District Panchayat if he is so disqualified under the Fifth Schedule: Provided that a person representing the Union territory in the Lok Sabha shall be disqualified for being a Member of that House if he is so disqualified under the Tenth

If any question arises as to whether a person has become subject to any disqualification referred to in section 4, section 7 , section 14 , section 15, section 57 and section 58, it shall be referred to the Administrator of theUnion territory for decision and his decision thereon shall be final: Provided that before giving any decision on any such question, the Administrator shall obtain the opinion of the Election Commission and act according to such opinion. Oath of 60. (1) On the constitution of the District Panchayat for the first time under this office . Regulation or on its reconstitution, a meeting shall be called on a date fixed by the Administrator for taking oath of office by all the members in the form set out in the First Schedule before Secretary Panchayat.

1. (2) The officer appointed by the Administrator shall preside over at such meeting, but not have the right to vote.
2. (3) No member of the District Panchayat who has not taken such oath shall vote or take part in the proceedings of any meeting nor shall he be included as a member of any Committee Election of President and Vice- President. constituted by the District Panchayat. 61. (1) On the constitution of the District Panchayat for the first time under this Regulation or on the expiry of the term of the District Panchayat or on its reconstitution, a meeting shall be called on a date fixed by the Secretary Panchayat where the elected members of the District Panchayat shall elect, from amongst themselves , a President and a Vice-President.
3. (2) The officer appointed by the Secretary Panchayat shall preside over at such meeting, but shall not have the right to vote.
4. (3) No business other than the election of the President and the Vice - President shall be transacted at such meeting.
5. (4) In case of equality of votes, the result of the election shall be decided by lots drawn in the presence of the officer appointed , in such manner as he may determine.
6. (5) The office of the President shall be reserved for the Scheduled Castes and the Scheduled Tribes according to a roster of reservation which shall be maintained in such form and manner as may be prescribed: Provided that the office of the President shall be reserved for women in every second term. President to 62. The executive powers of the District Panchayat under this Regulation and the be executive. responsibility for the fulfilment of duties imposed on them under this Regulation and responsibility for carrying out the resolutions of the District Panchayat shall vest in the President. Powers and duties of the

On the constitution of the District Panchayat for the first time under this office . Regulation or on its reconstitution, a meeting shall be called on a date fixed by the Administrator for taking oath of office by all the members in the form set out in the First Schedule before Secretary Panchayat.

1. (2) The officer appointed by the Administrator shall preside over at such meeting, but not have the right to vote.
2. (3) No member of the District Panchayat who has not taken such oath shall vote or take

Regulation or on the expiry of the term of the District Panchayat or on its reconstitution, a meeting shall be called on a date fixed by the Secretary Panchayat where the elected members of the District Panchayat shall elect, from amongst themselves , a President and a Vice-President.

1. (2) The officer appointed by the Secretary Panchayat shall preside over at such meeting, but shall not have the right to vote.
2. (3) No business other than the election of the President and the Vice - President shall be transacted at such meeting.
3. (4) In case of equality of votes, the result of the election shall be decided by lots drawn in the presence of the officer appointed , in such manner as he may determine.
4. (5) The office of the President shall be reserved for the Scheduled Castes and the Scheduled Tribes according to a roster of reservation which shall be maintained in such form and manner as may be prescribed: Provided that the office of the President shall be reserved for women in every second term. President to 62. The executive powers of the District Panchayat under this Regulation and the be executive. responsibility for the fulfilment of duties imposed on them under this Regulation and responsibility for carrying out the resolutions of the District Panchayat shall vest in the President. Powers and duties of the Vice- President.

The Vice-President shall,-

1. (a) exercise the powers and perform the duties of the President when he is absent on leave or incapacitated from functioning or when the office of the President falls vacant; and EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012.
2. (h) in the absence of the President or when the office of the President falis vacant , preside over the meetings of the District Panchayat. 64. (1) The District Panchayat , unless sooner dissolved under any law for the time being in force , shall continue for five years from the date appointed for its first meeting and no longer.

1. (2) An election to constitute the District Panchayat shall be completed-
   • (a) before the expiry of its duration specified in sub-section (1);
   • (b) before the expiry of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved District Panchayat would have continued is less than six months , it shall not be necessary to hold any election under this sub-section for constituting the District Panchayat.
2. (3) The District Panchayat constituted upon the dissolution of a District Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved District Panchayat would have continued under sub-section ( 1) had it not been so dissolved. Duration of District

, unless sooner dissolved under any law for the time being in force , shall continue for five years from the date appointed for its first meeting and no longer.

1. (2) An election to constitute the District Panchayat shall be completed-
   • (a) before the expiry of its duration specified in sub-section (1);
   • (b) before the expiry of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved District Panchayat would have continued is less than six months , it shall not be necessary to hold any election under this sub-section for constituting the District Panchayat.
2. (3) The District Panchayat constituted upon the dissolution of a District Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved District Panchayat would have continued under sub-section ( 1) had it not been so dissolved. Duration of District Panchayat

1. (1) Any member of the District Panchayat may resign his office by giving notice in Resignation writing to that effect to the President under intimation to the ChiefExecutive Officer and such of off ice. resignation, shall take effect from the date of its acceptance by the President.
2. (2) The Vice- President may resign his office by giving notice in writing to the President under intimation to the Chief Executive Officer and such resignation , shall take effect from the date of its acceptance by the President.
3. (3) The President may resign his office by giving notice in writing to the Secretary Panchayat , under intimation to the Administrator and such resignation , shall take effect from the date of its acceptance by the Secretary Panchayat.

President or Member in the District Panchayat shall be filled for the remainder of the duration of the District Panchayat by election in accordance with the provisions of this Regulation: Provided that where a seat or office of the President has been reserved for women or the Scheduled Tribes , no person other than a women or a member of the Scheduled Tribes shall be qualified to be chosen to fill such vacancy for the remainder of the term. 67. (1) A motion of no confidence against the President or the Vice-President may be moved by not less than one - third of the elected members of the District Panchayat after giving notice thereof , but not before six months of assumption of office by the President or the Vice-President.

1. (2) If the motion is carried by a majority of not less than two-third of the elected members of the District Panchayat the President , or the Vice-President, as the case may be, shall cease to hold office from the date on which the motion is carried unless he has resigned earlier.
2. (3) Notwithstanding anything contained in this Regulation , the President or the Vice- President shall not preside over a meeting in which motion of no confidence is discussed against him, but he shall have a right to speak or otherwise take part in the proceedings of such meetings. 68. (1) The Administrator shall appoint the Chief Executive Officer of the District Panchayat who shall not be below the rank of Additional District Magistrate.
3. (2) The Administrator shall also appoint an Accounts Officer for District Panchayat.
4. (3) The Administrator shall post from time to time in District Panchayat such number of officers of Group ' A' and Group ' B' including any officers employed by the existing local authority and other officers allocated to serve under the Daman and Diu Administ r ation, as the Administrator considers necessary. Casual vacancy. Motion of no confidence staff of District Panchayat. EXTRAORDINARY No. 32 DATED : 17T" AUGUST, 2012. Service conditions of staff of District Panchayat. Functions of the Chief Executive Officer and other officers.
5. (4) Notwithstanding anything contained in this Regulation or any other law for the time being in force the District Panchayat or other authority authorised by District Panchayat in this behalf shall have power to effect transfer of the officers and officials other than those mentioned in sub - section (3) posted in the District Panchayat.
6. (5) The District Panchayat may create and fill-up such other posts in such number as may from time to time be necessary with the prior approval of the Administrator: Provided that no post shall be created for which no budget provision is made and is not provided in the staffing pattern approved by the Administrator as provided under sub- section (6).
7. (6) The Administrator shall approve the staffing pattern for the District Panchayat and

moved by not less than one - third of the elected members of the District Panchayat after giving notice thereof , but not before six months of assumption of office by the President or the Vice-President.

1. (2) If the motion is carried by a majority of not less than two-third of the elected members of the District Panchayat the President , or the Vice-President, as the case may be, shall cease to hold office from the date on which the motion is carried unless he has resigned earlier.
2. (3) Notwithstanding anything contained in this Regulation , the President or the Vice- President shall not preside over a meeting in which motion of no confidence is discussed against him, but he shall have a right to speak or otherwise take part in the proceedings of such meetings.

Panchayat who shall not be below the rank of Additional District Magistrate.

1. (2) The Administrator shall also appoint an Accounts Officer for District Panchayat.
2. (3) The Administrator shall post from time to time in District Panchayat such number of officers of Group ' A' and Group ' B' including any officers employed by the existing local authority and other officers allocated to serve under the Daman and Diu Administ r ation, as the Administrator considers necessary. Casual vacancy. Motion of no confidence staff of District Panchayat.
   • • 21 - EXTRAORDINARY No. 32 DATED : 17T" AUGUST, 2012. Service conditions of staff of District Panchayat. Functions of the Chief Executive Officer and other officers.
3. (4) Notwithstanding anything contained in this Regulation or any other law for the time being in force the District Panchayat or other authority authorised by District Panchayat in this behalf shall have power to effect transfer of the officers and officials other than those mentioned in sub - section (3) posted in the District Panchayat.
4. (5) The District Panchayat may create and fill-up such other posts in such number as may from time to time be necessary with the prior approval of the Administrator: Provided that no post shall be created for which no budget provision is made and is not provided in the staffing pattern approved by the Administrator as provided under sub- section (6).
5. (6) The Administrator shall approve the staffing pattern for the District Panchayat and Gram Panchayat for carrying out the functions mentioned in this Regulation and the terms and conditions of service of such staff shall be such as may be prescribed.

The staff posted in the District Panchayat shall be governed by the terms and conditions of their service as may be applicable to them before their posting in the District

1. (1) Save as otherwise expressly provided by or under this Regulation, the Chief Executive Officer, subject to the orders or directions of the District Panchayat , shall,-
   • (a) carry out the policies and directions of the District Panchayat and take necessary measures for the speedy execution of all works and developmental schemes of the District Pancbayat;
   • (b) discharge the duties imposed upon him , by or under this Regulation or the rules and bye - laws made thereunder;
   • (c) control the officers and employees of the District Panchayat subject to the general superintendence and control of the President and such rules as may be prescribed; and
   • (d) have custody of all papers and documents relating to the District Panchayat;
   • (e) draw and discharge works out of the District Panchayat Fund referred to in section 80 and exercise such other powers and perform such other functions as may be prescribed.
2. (2) The Chief Executive Officer shall attend every meeting of the District Panchayat and may take part in the discussion but shall not have the right to move any resolution or to vote.
3. (3) If in the opinion of the Chief Executive officer any proposal before the District Panchayat is violative of or is inconsistent with the provisions of this Regulation or any other law, rules or orders made thereunder , it shall be his duty to bring the same to the notice of the District Panchayat.
4. (4) The ChiefAccounts officer shall advise the District Panchayat in matters of financial policy and shall be responsible for all matters relating to the accounts of the District Panchayat including preparation of annual accounts and the budget.
5. (5) The Chief Accounts Officer shall ensure that no expenditure is incurred except under proper sanction and in accordance with this Regulation and the rules and bye-laws made thereunder and shall disallow any expenditure not warranted by this Regulation or rules and bye - laws made thereunder or for which no provision is made in the budget.
6. (6) The additional Chief Executive Officer shall assist the Chief executive Officer in the performance of his duties.
7. (7) The Chief Executive Officer shall advise the District Panchayat in matters of plan formulation and shall be responsible for all matters of plan formulation and shall also be EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012. responsible for all matters relating to planning of the District Panchayat including the preparation of plans , economic development and social justice and annual plans of the district.

, accounts, records or other property pertaining to a Gram Panchayat or a District Panchayat , shall on the requisition in writing of the Chief Executive Officer for this purpose , forthwith handover such moneys or deliver up such accounts , records or other property to the Chief Executive Officer or the person authorised in the requisition to receive the same. 72. (1) The time and place of meetings of the District Panchayat and the procedure to be followed at such meeting shall be such as may be prescribed.

1. (2) A member of the District Panchayat may, at any meeting , move any resolution and put question to the President or the Vice-President on matters connected with the administration of the District Panchayat in the manner prescribed.
2. (3) No resolution of the District Panchayat shall be modified , amended, varied or cancelled by the District Panchayat within a period of three months from the data of passing thereof except by a resolution supported by two - thirds of the total number of members of the
   • • District Panchayat. 73. (1) Subject to such rules as may be made in this behalf , the District Panchayat may appoint from amongst its members the following Standing Committees for exercising such of its powers and discharging such of its functions as may be prescribed , namely:-
   • (a) General Standing Committee;
   • (b) Finance , Audit and Planning Committee;
   • (c) Works Committee;
   • (d) Education Committee;
   • (e) Inter - tier Standing Committee for Monitoring and Supervision;
3. (1) Social Audit Committee;
   • (g) Joint Committee.
4. (2) The composition and tenure of Committees referred to in clauses
   • (a) to(g) shall be such as may be prescribed. ( 3) No fee or allowances shall be payable for attending the meetings.

1. (1) The time and place of meetings of the District Panchayat and the procedure to be followed at such meeting shall be such as may be prescribed. (2) A member of the District Panchayat may, at any meeting , move any resolution and put question to the President or the Vice-President on matters connected with the administration of the District Panchayat in the manner prescribed. (3) No resolution of the District Panchayat shall be modified , amended, varied or cancelled by the District Panchayat within a period of three months from the data of passing thereof except by a resolution supported by two - thirds of the total number of members of the • District Panchayat.

be followed at such meeting shall be such as may be prescribed.

1. (2) A member of the District Panchayat may, at any meeting , move any resolution and put question to the President or the Vice-President on matters connected with the administration of the District Panchayat in the manner prescribed.
2. (3) No resolution of the District Panchayat shall be modified , amended, varied or cancelled by the District Panchayat within a period of three months from the data of passing thereof except by a resolution supported by two - thirds of the total number of members of the
   • • District Panchayat.

, the District Panchayat may appoint from amongst its members the following Standing Committees for exercising such of its powers and discharging such of its functions as may be prescribed , namely:-

1. (a) General Standing Committee;
2. (b) Finance , Audit and Planning Committee;
3. (c) Works Committee;
4. (d) Education Committee;
5. (e) Inter - tier Standing Committee for Monitoring and Supervision;

1. (1) Social Audit Committee;
   • (g) Joint Committee.
2. (2) The composition and tenure of Committees referred to in clauses
   • (a) to(g) shall be such as may be prescribed. ( 3) No fee or allowances shall be payable for attending the meetings.

shall be deemed to be invalid by reason of the existence of any vacancy therein.

President of the District Panchayat on any matter specified in the Fourth Schedule and the views of the President or the Vice-President on such matter shall be recommendatory in nature.

may, by order , specify, so as to enable it to function as an institution of self - government with respect to the preparation of plans for economic development and social justice and the implementation of schemes for economic development and social justice in relation to the matters listed in the Third Schedule. Right to requisition Acwida. Meetings of District Panchayat. Standing Committees or Joint Committees, etc. Proceedings not to be invalid. Consultation with President and Vice- President, Duties and functions of

The District Panchayat in respect of roads, streets, bridges, culverts and other Control of properties placed by the Administrator under sub-section (/)of section 82 under its direction, District management and control, may do all things necessary for the maintenance and repair thereof i'anchayat on and in particular ' may- PnIPrttirs

Transfer of any work or institution to District Panchayat. Mode of making contracts, Constitution of District Panchayat Fund. EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012.

1. (a) widen, open, enlarge , or otherwise improve any such road , bridge or culvert and plant and preserve trees on both sides of such roads;
2. (b) deepen or otherwise improve any water course and other property mentioned in clause(c) of sub- section ( 1) of section 82;
3. (c) cut any hedge or branch of any tree projecting on any such public road or street;
4. (d) lay out and make new roads; and ( e) construct new bridges and culverts.

, maintenance or repair of any work or the management of any institution on behalf of the Administrator or any local authority: Provided that the funds necessary for the execution , maintenance or repair of the work or the management of such institution shall be placed at the disposal of the District Panchayat by the Administrator or such local authority.

be in writing and shall be signed by the President and by two other members of the District

A fund to be called" District Panchayat Fund , (...... name of the District )" shall be constituted for crediting the following monies by or on behalf of the District Panchayat and also for withdrawal of such monies therefrom , namely:-

1. (r) the proceeds of any tax or fee imposed by or under section 83;
2. (it) the contribution made by the Government or any local authority or persons;
   • (iii) all sums ordered by any authority or court to be credited to the District Panchayat Fund;
   • (iv) the income from securities in which the District Panchayat Fund is invested;
   • (v) all sums received by way of loans or gifts;
   • (vi) income derived from fisheries under the management of the District Panchayat;
   • (vii) income from proceeds of any property of the District Panchayat; (viii) sum assigned to the District Panchayat Fund by any general or special order of the Government;
   • (ix) all sums received in aid of or for expenditure on any institution or service, maintained or financed from the District Panchayat Fund or managed by the District Panchayat;
   • (x) grants- in-aid from the Consolidated Fund of India. Grants. 81: The Administrator may, subject to such conditions as he may deem fit, make grants to the District Panchayat for general purposes or for the improvement of the district and the welfare of the residents thereof. Properties 82. (1) The Administrator may, if he deems fit , place all or any ofthe properties of the vested in nature specified below and situated within the jurisdiction of the District Panchayat under District the direction, management and control of the District Panchayat , namely:- Panchayat.
3. (ri) open sites, waste, vacant and grazing land , not being private property, and river beds;
4. (b) public roads and streets;
5. (c) public chsnticl;, watercourse , wells, ponds

, tanks (except irrigation tanks

under the control of th. Government ), public springs , reservoirs cisterns , aqueducts and any adjacent .and (not being private property) appertaining to any public tanks or ponds: attd lands spNnaining thereto;

EXTRAORDINARY No. : 32, DATED ; 17TH AUGUST, 2012.

1. (d) public sewers , drains , drainage works tunnels and culverts and things appertaining thereto and other conservancy works;
2. (e) sewerage rubbish and offensive matters deposited on streets or collected by the Panchayat from streets , latrines , urinals, sewers , cesspools and other places;
3. (J) street light, public lamps, lamp posts and apparatus connected therewith or appertaining thereto;
4. (g) public library , reading rooms , slaughter houses , fish farms , cremation primary schools , anganwadi centres ; and' ( h) road side trees, fuel wood plantation , non-conventional energy equipments.

1. (2) All markets and fairs or such portion thereof as are held upon public land shall be managed and regulated by the District Panchayat and all dues levied or imposed in respect thereof shall be credited to the District Panchayat Fund.

, collect, assess and appropriate the taxes , duties , Taxes which tolls, cess and fees in relation to the services provided by it directly subject to rules made in may be this behalf and also levy such taxes at such rates as the Administrator may prescribe . imposed. 84. (1) Any person aggrieved by the assessment , levy or imposition of any tax or fee Appeal under section 83 may appeal to the Secretary Panchayat within thirty days of the date of the against levy order imposing such tax or fee . of tax, etc.

1. (2) The second appeal from the order referred to in sub - section ( 1) shall lie to the Administrator.
2. (3) The first appeal and second appeal shall be filed in such form and shall be accompanied by such fee as may be prescribed.

, levy or imposition of any tax or fee Appeal under section 83 may appeal to the Secretary Panchayat within thirty days of the date of the against levy order imposing such tax or fee . of tax, etc.

1. (2) The second appeal from the order referred to in sub - section ( 1) shall lie to the Administrator.
2. (3) The first appeal and second appeal shall be filed in such form and shall be accompanied by such fee as may be prescribed.

, suspend the levy or suspension of imposition of airy tax or fee under section 83 and may at any time in like manner rescind such levy of tax or suspension. fee.

after following an open transparent procedure the collection of any fee on specified markets collection of and bazars if any such fee is imposed under section 83: fees, etc.

1. (1) When any tax or fee or other sum due to District Panchayat has become Recovery of payable the Chief Executive Officer shall , with the least practicable delay , cause to be sent to taxes and the person liable for the payment thereof , a demand notice in the prescribed form for the other dues. amount due from him and require him to pay the amount within thirty days from the date of such notice.
2. (2) Every such notice of demand under sub-section ( 1) shall be served in such manner as may be prescribed.
3. (3) If the sum for which a notice of demand has been served i s not paid within thirty days from the date of such notice , the District Panchayat may apply to the revenue officer named as Mamlatdar concerned for its recovery as arrears of land revenue. 8& The District Panchayat shall maintain accounts in such form as may be prescribed.

1. (1) The District Panchayat shall, in such time and in such manner as may be Budget. prescribed prepare i n each financial year a budget of its estimated receipts and payments for the following year and submit it to the Secretary Panchayat who shall place it before the Administrator through the Finance Department of Union territory Administration.
2. (2) The Secretary Panchayat may, within such period as may be prescribed,, either approve the budget or return it to the District Panchayat through District Planning Committee for such modification as he may direct. EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012. Audit.
3. (3) if any modifications are made under sub-section
4. (2) the budget shall be rr-submitted within such period as may be specified by the Secretary Panchayat.
5. (4) No expenditure shall be incurred by the District Panchayat unless the budget is approved by the Administrator.
6. (5) The District Panchayat may, at any time during the year for which annual budget estimates has been approved, prepare a revised or supplementary budget which shall be considered and approved by the Administrator in the same manner as an original budget under sub- section (2). 90. (1) The accounts ofthe District Panchayat shall be audited in such manner as may be prescribed.
7. (2) The audit shall be carried out by such officer as the Administrator may appoint in this behalf and that officer shall within one month of the completion of the audit forward copies of the audit report to the Secretary Panchayat.
8. (3) The Secretary Panchayat may after considering the report and after making such further enquiry as he may consider necessary, disallow , under intimation to the Administrator, any item which appears to him contrary to law and surcharge the same on the person making or authorising the illegal payment and shall:-
   • (a) if such person is a member of the District Panchayat proceed against him in the manner specified in section %;
   • (b) if such person is not a member of the District Panchayat, obtain the explanation of the person and direct such person to pay to the District Panchayat the amount surcharged within a specified period and if the amount is not paid within the specified period, the Secretary Panchayat shall cause it to be recovered as an arrear of land revenue and credit it to the District Panchayat Fund.
9. (4) Any person, aggrieved by an order of the Secretary Panchayat under sub
   • • section
10. (3) may, within thirty days of the date of the order, prefer an appeal to the Administrator whose decision on such appeal shall be final. Administrative

be prescribed.

1. (2) The audit shall be carried out by such officer as the Administrator may appoint in this behalf and that officer shall within one month of the completion of the audit forward copies of the audit report to the Secretary Panchayat.
2. (3) The Secretary Panchayat may after considering the report and after making such further enquiry as he may consider necessary, disallow , under intimation to the Administrator, any item which appears to him contrary to law and surcharge the same on the person making or authorising the illegal payment and shall:-
   • (a) if such person is a member of the District Panchayat proceed against him in the manner specified in section %;
   • (b) if such person is not a member of the District Panchayat, obtain the explanation of the person and direct such person to pay to the District Panchayat the amount surcharged within a specified period and if the amount is not paid within the specified period, the Secretary Panchayat shall cause it to be recovered as an arrear of land revenue and credit it to the District Panchayat Fund.
3. (4) Any person, aggrieved by an order of the Secretary Panchayat under sub
   • • section
4. (3) may, within thirty days of the date of the order, prefer an appeal to the Administrator whose decision on such appeal shall be final. Administrative

District Panchayat shall prepare annually a report on report . the administration of the D..#.4 t P h c a et fh Social audit, Power to call for proceedings, etc, anya or t e previous year in such manner as may be prescribed and after it is approved by the District Panchayat it shall be submitted to the

1. (1) The Social Audit of the major works being carried out by the Panchayat shall be conducted by the Social Audit Committee appointed under section 73 in such manner, at such intervals and with the help of such officers as may be prescribed.
2. (2) The Social Audit Committee shall submit its report on the social audit conducted under sub - section ( 1) to such officer as may be prescribed.

this behalf shall have power-

1. (a) to call for-
2. (r) any extract from the proceedings ofthe District Panchayat or any books, records , correspondence or documents in the possession or under the control of the District Panchayat;
   • (ii) any return , plan, estimate, statement, account or report for the purpose of inspection or examination;
3. (b) io require a District Panchayat to take into consideretion-
   • (i) any objection which appears to the Administrator or Secretary Panchhayat to exist due to the doing of anything which is about to be or is being done by the District Panchayat; or EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012.
   • (ii) any information which the Administrator or Secretar; Panchayat is able to furnish and to necessitate the doing of a certain things by the District

1. (1) If at any time, it appears to the Secretary Panchayat that a District Panchayat has made wilful and persistent default in the performance of any duty imposed on it by this Regulation, he may by order in writing, fix a period for the performance of that duty.
2. (2) If the duty under sub-section ( 1) is not performed within the period so fixed, the Secretary Panchayat may, with'the prior approval of the Administrator appoint any person to perform it, and direct that the expenses of the performanu of the duty shall be paid by the defaulting District Panchayat within such period as the Secretary Panchayat may think fit. 95. (1) If, in the opinion of the Secretary Panchayat the execution of any order or resolution of the District Panchayat or the doing of anything which is about to or is being done by or on behalf ofthe District Panchayat is causing or likely to cause injury or annoyance to the public or a grave loss to the public exchequer or is manifest against the public interest or lead to a breach of the peace or is unlawful , he may, by order in writing, suspend the execution or prohibit the doing thereof Provided that no' such order shall be passed without giving District Panchayat concerned a reasonable opportunity of showing cause against proposed order.
3. (2) When the Secretary Panchayat makes an order under sub -section( 1), he shall forthwith send to Panchayat affected thereby a copy of the order together with a statement of the reasons for making it.
4. (3) The Secretary Panchayat may, after giving such notice to the District Panchayat as he deems fit, rescind, modify or confirm the order made under sub-section (1).
5. (4) Any person aggrieved by an order under sub -section( 1), may, within thirty days of the date of the order , prefer an appeal to the Administrator who shall approve or disapprove the order of the Secretary Panchayat or modify it in such manner as he thinks fit. %. (1) Every member ofthe District Panchayat shall be personally liable for the loss, waste or misapplication of any money or other property of the District Panchayat to which he has been a party or which has been caused or facilitated by his misconduct or wilful neglect of his duty as a member amounting to fraud.
6. (2) If, after giving the member of the District Panchayat concerned a reasonable opportunity for showing cause to the contrary , the Secretary Panchayat is satisfied that the loss, waste or misapplication of any money or other property of the District Panchayat is a direct consequence of misconduct or wilful neglect on the part of such member, he shall, with the prior approval of the Administrator, by order in writing , direct such member to pay to the District Panchayat before a fixed date , the amount required to be reimbursed to it for such loss, waste or misapplication: Provided that no such order shall be made for bona fideor technical irregularities or mistakes of a member.
7. (3) If the amount is not so paid , the Secretary Panchayat shall recover it as an arrear of land revenue and credit it to the District Panchayat Fund.
8. (4) An order of the Secretary Panchayat shall be subject to an appeal to the Administrator if made within thirty days of the date of the order and the Administrator may, after making such inquiry as he may deem necessary and after hearing the appellant , rescind or vary or confirm the order. Default in performance of duty in District Panchayat. Suspension of execution of order on resolution of District Panchayat. Liability of members for loss, waste or misapplication.
9. (5) All actions taken or orders made under sections 94, 95and this section shall be reported to the Administrator as soon as possible. EXTRAORDINARY No. . 32 DATED : 17' AUGUST, 2012. Dissolution of 97. ( 1) If in the Opinion of the Administrator, the District Panchavat- District Panchayet . ( a) exceeds or abuses its powers; or
   • (b) is incompetent to perform , or makes wilful and persistent default in the performance of the duties imposed on it by or under this Regulation or any other law for the time being in force; or
   • (c) misappropriates public monies including grants; or
   • (a) fails to levy the taxes leviable under this Regulation; or
   • (e) persistently disobeys the order made under sub-section
10. (2) of section 96, the Administrator may by order published in the Official Gazette, dissolve the District Panchayat and direct that it shall be reconstituted in the manner provided in this Regulation.
11. (2) No order under sub - section ( 1) shall be passed without giving to the District Panchayat reasonable opportunity to render an explanation.
12. (3) If a District Panchayat is dissolved under sub - section (1), the following consequences shall ensue , namely.-
    • (a) all the members ofthe District Panchayat shall, from the date specified in the order, cease to be members;
    • (b) all powers and duties of the District Panchayat shall, during the period of dissolution of the District Panchayat be exercised and performed by such person or persons as may be appointed by the Administrator in this behalf;
    • (c) the Standing Committees appointed under section 73 of the District Panchayat shall be deemed to have been dissolved and all the members of the District Panchayat shall vacate office from the date of its dissolution.
13. (4) An election to reconstitute a District Panchayat after such dissolution shall be completed before the e ' f xt . uetegatton of 98 . The Administrator may, by notification and subject to such restrictions and powers . conditions as may be specified therein , authorise Secretary Panchayat or any other officer subordinate to him, to exercise in respect of District Panchayats any of the powers which may be exercised by him under this Regulation except the power to make rules under section 121.

in the opinion of the Secretary Panchayat the execution of any order or resolution of the District Panchayat or the doing of anything which is about to or is being done by or on behalf ofthe District Panchayat is causing or likely to cause injury or annoyance to the public or a grave loss to the public exchequer or is manifest against the public interest or lead to a breach of the peace or is unlawful , he may, by order in writing, suspend the execution or prohibit the doing thereof Provided that no' such order shall be passed without giving District Panchayat concerned a reasonable opportunity of showing cause against proposed order.

1. (2) When the Secretary Panchayat makes an order under sub -section( 1), he shall forthwith send to Panchayat affected thereby a copy of the order together with a statement of the reasons for making it.
2. (3) The Secretary Panchayat may, after giving such notice to the District Panchayat as he deems fit, rescind, modify or confirm the order made under sub-section (1).
3. (4) Any person aggrieved by an order under sub -section( 1), may, within thirty days of the date of the order , prefer an appeal to the Administrator who shall approve or disapprove the order of the Secretary Panchayat or modify it in such manner as he thinks fit. %. (1) Every member ofthe District Panchayat shall be personally liable for the loss, waste or misapplication of any money or other property of the District Panchayat to which he has been a party or which has been caused or facilitated by his misconduct or wilful neglect of his duty as a member amounting to fraud.
4. (2) If, after giving the member of the District Panchayat concerned a reasonable opportunity for showing cause to the contrary , the Secretary Panchayat is satisfied that the loss, waste or misapplication of any money or other property of the District Panchayat is a direct consequence of misconduct or wilful neglect on the part of such member, he shall, with the prior approval of the Administrator, by order in writing , direct such member to pay to the District Panchayat before a fixed date , the amount required to be reimbursed to it for such loss, waste or misapplication: Provided that no such order shall be made for bona fideor technical irregularities or mistakes of a member.
5. (3) If the amount is not so paid , the Secretary Panchayat shall recover it as an arrear of land revenue and credit it to the District Panchayat Fund.
6. (4) An order of the Secretary Panchayat shall be subject to an appeal to the Administrator if made within thirty days of the date of the order and the Administrator may, after making such inquiry as he may deem necessary and after hearing the appellant , rescind or vary or confirm the order. Default in performance of duty in District Panchayat. Suspension of execution of order on resolution of District Panchayat. Liability of members for loss, waste or misapplication.
7. (5) All actions taken or orders made under sections 94, 95and this section shall be reported to the Administrator as soon as possible. -27- EXTRAORDINARY No. . 32 DATED : 17' AUGUST, 2012. Dissolution of

1) If in the Opinion of the Administrator, the District Panchavat- District Panchayet . ( a) exceeds or abuses its powers; or

1. (b) is incompetent to perform , or makes wilful and persistent default in the performance of the duties imposed on it by or under this Regulation or any other law for the time being in force; or
2. (c) misappropriates public monies including grants; or
3. (a) fails to levy the taxes leviable under this Regulation; or
4. (e) persistently disobeys the order made under sub-section

1. (2) of section 96, the Administrator may by order published in the Official Gazette, dissolve the District Panchayat and direct that it shall be reconstituted in the manner provided in this Regulation.
2. (2) No order under sub - section ( 1) shall be passed without giving to the District Panchayat reasonable opportunity to render an explanation.
3. (3) If a District Panchayat is dissolved under sub - section (1), the following consequences shall ensue , namely.-
   • (a) all the members ofthe District Panchayat shall, from the date specified in the order, cease to be members;
   • (b) all powers and duties of the District Panchayat shall, during the period of dissolution of the District Panchayat be exercised and performed by such person or persons as may be appointed by the Administrator in this behalf;
   • (c) the Standing Committees appointed under section 73 of the District Panchayat shall be deemed to have been dissolved and all the members of the District Panchayat shall vacate office from the date of its dissolution.
4. (4) An election to reconstitute a District Panchayat after such dissolution shall be completed before the e ' f xt . uetegatton of 98 . The Administrator may, by notification and subject to such restrictions and powers . conditions as may be specified therein , authorise Secretary Panchayat or any other officer subordinate to him, to exercise in respect of District Panchayats any of the powers which may be exercised by him under this Regulation except the power to make rules under section

Commission appo inted under Commission . Islands (pasha at) section 185 oftheAndatnart and Nicobar Y p ry o a period or six months from the date of its dissolution is- on , l 994 shall be the Election Commission forthe superintendence ,Reg. I of direction and control ofthe preparation ofelectoral rolls, and conduct ofall elections to the Gram 1994. Panchayats and District Panchayats in the Union territory of Daman and Diu.

1. (2) The Administrator shall, when so requested by the Election Commission, make available to that commission such staffas may be necessary for the discharge ofthc functions conferred on the Election Commission by sub-section (1). rmancc 100. The Finance Commission constituted under section 186 of the Andaman and Commission. Nicobar Islands ( Panchayat ) Regulation, 1994 shall be the Finance Commission for the of reviewing the financial position of the Panchayats and making recommendations to 8 994 ^ of Administrator of the Union territory of the Daman and Diu, as to-
   • (a) the principles which should govern-
2. (1) the sharing among the Union territory Administration and Gram Panchayats and District Panchayats of the net income of the taxes , duties, cess and fees which are being levied by the Union territory Administration and which
   • • 28 - EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012. may be shared with the Gram Panchayats and District Panchayats and dividing among the Gram Panchayats and District Panchayats at 311 leve!s, their shares it such incomes; (ii) the determination of the taxes , duties, cess , tolls and fees which may be assigned to or appropriated by the Gram Panchayats and District Panchayats; (iii) the grant- in-aid to the Gram Panchayats and District Panchayats from the Consolidated Fund of India;
   • (b) the measures needed to improve the financial position of the Gram Panchayats and District Panchayats;
   • (c) any other matter referred to the Finance Commission by thePresident of India. CIiAPMR IX OMBUDSMAN FOR PANCHAYATS