The Daman and Diu Panchayat Regulation, 2012
Chapter 11 GP-AM SABHA
Chapter 11 GP-AM SABHA
3. (1) The Administrator shall, after making such inquiry as may be necessary, by
- (1) The Administrator shall, after making such inquiry as may be necessary, by notification, declare a local area , comprising of a village or a group of villages or any part or parts thereof or a combination of any two or more of them to be a Panchayat area, for the purposes of this Regulation and shall also specify its headquarters. (2) The Administrator shall, by notification in Official Gazette, constitute a Gram Sabha by a name for each Panchayat area.
notification, declare a local area , comprising of a village or a group of villages or any part or parts thereof or a combination of any two or more of them to be a Panchayat area, for the purposes of this Regulation and shall also specify its headquarters.
- (2) The Administrator shall, by notification in Official Gazette, constitute a Gram Sabha by a name for each Panchayat area.
Chapter 11 GP-AM SABHA
4. A Gram Sabha shall consist of persons registered in the electoral rolls relating to a
village or group of villages comprising the Panchayat area: Provided that a person shall be disqualified for being a member of the Gram Sabha if he is- Declaration of Panchayat area and constitution of Gram Sabha Composition of Gram Sabha.
- (a) less than eighteen years of age;
- (b) not a citizen of India;
- (c) of unsound mind and stands so declared by competent court; and
- (d) not ordinarily a resident within the village for which the Gram Sabha is constituted. Explanation .- For the purpose of this section , a person shall be deemed to be ordinarily resident in a village if he has been ordinarily residing in such village or is in possession of a dwelling house therein ready for occupation. and th e Official Gazette
Chapter 11 GP-AM SABHA
5. Every Gram Sabha shall, by tltes
name su ccession not ifi ed sesl and shall ,unde r subject to be a body corporate having pe rpetual such restrictions and conditions as may be imposed by or under this Regulation, have power to acquire , hold, administer and transfer property, both movable and immovable , and to enter into a contract and shall , by the said name, sue or be sued: Provided that the powers and duties of the Gram Sabha shall, save as otherwise expressly provided in this Regulation, be exercised, performed and discharged by the Gram Panchayat constituted under sub - section ( 1) of section 12. 6. (1) The Administrator may, after such inquiry as he thinks necessary and in consultation with the Gram Sabha or the Gram Sabhas concerned , at any time by notification in the Official Gazette,-
- (a) include any area in a Gram; or Incorporation of Gram Sabha. Alteration in area of Gram Sabha EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012. (b) exclude any area fron, a Gram, or
- (c) declare that any local area shall cease to be a Gram; or
- (d) alter the Headquarter of any Gram Sabha; or ( e) alter the name of any Gram Sabha.
- (2) Where, by a notification under sub-section (1), any area is included in a Gram, such area shall thereby become subject to all notifications, rules , bye-laws and orders made under this Regulation or any other law for the time being in force in the area within the jurisdiction of the Gram Sabha.
- (3) Where, by notification under sub - section ( 1), the whole of the area of a Gram ceases to be a Gram , the Gram Sabha shall cease to exist and its assets and liabilities shall be disposed of in the prescribed manner , and if a part of such area is excluded from a Gram, the jurisdiction of the Gram Sabha shall be reduced by that part. Cessationof 7. (1) A member ofa Gram Sabha shall cease to be member, if- membership.
- (a) he is disqualified under section 4; or
- (b) the area where he resides has been excluded from the jurisdiction of the Gram Sabha; or ( c) he ceases to be ordinarily resident within the jurisdiction ofthe Gram Sabha.
- (2) Where any person ceases to be a member of a Gram Sabha under sub-section (1), he shall also cease to hold any office to which he may have been elected or appointed by reason of his being a member thereof. Meetings of 8. (1 ) Every Gram Sabha shall hold at least four general meetings in each financial year Gram Sabha. and it shall be the responsibility of the Sarpanch to convene such meetings: Provided that the Sarpanch shall, upon a requisition in writing by not less than one- tenth of the total number of members of the Gram Sabha call an extraordinary meeting of the Gram Sabha, within thirty days from the receipt of such requisition: Provided further that where the Sarpanch fails to convene the meetings under this sub-section such authority as may be prescribed shall convene such meetings within a period of thirty days.
- (2) The Sarpanch or in his absence Upa - Sarpanch or in the absence of both any person chosen by the Grain Sabha shall preside at such meetings.
- (3) For any general meeting of the Gram Sabha , one-tenth of the total number of its members shall form the quorum and decisions shall be taken by a majority of the members present and voting. ( 4) The notice of time and place of meetings shall be given in the prescribed manner. Transaction 9. (1) The Sarpanch shall place before the Gram Sabha for its approval the following of business at matters , namely: general meeting . ( a) the annual statement of accounts;
- (b) budget estimates;
- (c) the developmental and other programmes of work proposed for the current financial year;
- (d) proposals for fresh taxation or enhanced taxation;
- (e) report of the administration of the preceding financial year; (/) the last audit note and replies thereto. EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012.
- (2) The Gram Sabha , shall consider the following matters and make recommendations and suggestions to the Gram Panchayat , namely:
- (a) annual administration report of the preceding financial year;
- (b) planning supervising , co-ordinating and monitoring the schemes of the Gram Panchayat;
- (c) recoveries of Panchayat dues; (c0 the last audit report and replies made thereto;
- (e) proposals for organising community service , voluntary labour or mobilisation of the local people for any specific work included in any programme:
Chapter 11 GP-AM SABHA
6. (1) The Administrator may, after such inquiry as he thinks necessary and in
- (1) The Administrator may, after such inquiry as he thinks necessary and in consultation with the Gram Sabha or the Gram Sabhas concerned , at any time by notification in the Official Gazette,- (a) include any area in a Gram; or Incorporation of Gram Sabha. Alteration in area of Gram Sabha EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012. (b) exclude any area fron, a Gram, or (c) declare that any local area shall cease to be a Gram; or (d) alter the Headquarter of any Gram Sabha; or ( e) alter the name of any Gram Sabha. (2) Where, by a notification under sub-section (1), any area is included in a Gram, such area shall thereby become subject to all notifications, rules , bye-laws and orders made under this Regulation or any other law for the time being in force in the area within the jurisdiction of the Gram Sabha. (3) Where, by notification under sub - section ( 1), the whole of the area of a Gram ceases to be a Gram , the Gram Sabha shall cease to exist and its assets and liabilities shall be disposed of in the prescribed manner , and if a part of such area is excluded from a Gram, the jurisdiction of the Gram Sabha shall be reduced by that part. Cessationof 7. (1) A member ofa Gram Sabha shall cease to be member, if- membership. (a) he is disqualified under section 4; or (b) the area where he resides has been excluded from the jurisdiction of the Gram Sabha; or ( c) he ceases to be ordinarily resident within the jurisdiction ofthe Gram Sabha. (2) Where any person ceases to be a member of a Gram Sabha under sub-section (1), he shall also cease to hold any office to which he may have been elected or appointed by reason of his being a member thereof. Meetings of 8. (1 ) Every Gram Sabha shall hold at least four general meetings in each financial year Gram Sabha. and it shall be the responsibility of the Sarpanch to convene such meetings: Provided that the Sarpanch shall, upon a requisition in writing by not less than one- tenth of the total number of members of the Gram Sabha call an extraordinary meeting of the Gram Sabha, within thirty days from the receipt of such requisition: Provided further that where the Sarpanch fails to convene the meetings under this sub-section such authority as may be prescribed shall convene such meetings within a period of thirty days. (2) The Sarpanch or in his absence Upa - Sarpanch or in the absence of both any person chosen by the Grain Sabha shall preside at such meetings. (3) For any general meeting of the Gram Sabha , one-tenth of the total number of its members shall form the quorum and decisions shall be taken by a majority of the members present and voting. ( 4) The notice of time and place of meetings shall be given in the prescribed manner. Transaction 9. (1) The Sarpanch shall place before the Gram Sabha for its approval the following of business at matters , namely: general meeting . ( a) the annual statement of accounts; (b) budget estimates; (c) the developmental and other programmes of work proposed for the current financial year; (d) proposals for fresh taxation or enhanced taxation; (e) report of the administration of the preceding financial year; (/) the last audit note and replies thereto. EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012. (2) The Gram Sabha , shall consider the following matters and make recommendations and suggestions to the Gram Panchayat , namely: (a) annual administration report of the preceding financial year; (b) planning supervising , co-ordinating and monitoring the schemes of the Gram Panchayat; (c) recoveries of Panchayat dues; (c0 the last audit report and replies made thereto; (e) proposals for organising community service , voluntary labour or mobilisation of the local people for any specific work included in any programme: Provided that the recommendations of the Gram Sabha shall be acted upon by the Gram Panchayat as far as practicable.
consultation with the Gram Sabha or the Gram Sabhas concerned , at any time by notification in the Official Gazette,-
- (a) include any area in a Gram; or Incorporation of Gram Sabha. Alteration in area of Gram Sabha EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012. (b) exclude any area fron, a Gram, or
- (c) declare that any local area shall cease to be a Gram; or
- (d) alter the Headquarter of any Gram Sabha; or ( e) alter the name of any Gram Sabha.
- (2) Where, by a notification under sub-section (1), any area is included in a Gram, such area shall thereby become subject to all notifications, rules , bye-laws and orders made under this Regulation or any other law for the time being in force in the area within the jurisdiction of the Gram Sabha.
- (3) Where, by notification under sub - section ( 1), the whole of the area of a Gram ceases to be a Gram , the Gram Sabha shall cease to exist and its assets and liabilities shall be disposed of in the prescribed manner , and if a part of such area is excluded from a Gram, the jurisdiction of the Gram Sabha shall be reduced by that part. Cessationof 7. (1) A member ofa Gram Sabha shall cease to be member, if- membership.
- (a) he is disqualified under section 4; or
- (b) the area where he resides has been excluded from the jurisdiction of the Gram Sabha; or ( c) he ceases to be ordinarily resident within the jurisdiction ofthe Gram Sabha.
- (2) Where any person ceases to be a member of a Gram Sabha under sub-section (1), he shall also cease to hold any office to which he may have been elected or appointed by reason of his being a member thereof. Meetings of 8. (1 ) Every Gram Sabha shall hold at least four general meetings in each financial year Gram Sabha. and it shall be the responsibility of the Sarpanch to convene such meetings: Provided that the Sarpanch shall, upon a requisition in writing by not less than one- tenth of the total number of members of the Gram Sabha call an extraordinary meeting of the Gram Sabha, within thirty days from the receipt of such requisition: Provided further that where the Sarpanch fails to convene the meetings under this sub-section such authority as may be prescribed shall convene such meetings within a period of thirty days.
- (2) The Sarpanch or in his absence Upa - Sarpanch or in the absence of both any person chosen by the Grain Sabha shall preside at such meetings.
- (3) For any general meeting of the Gram Sabha , one-tenth of the total number of its members shall form the quorum and decisions shall be taken by a majority of the members present and voting. ( 4) The notice of time and place of meetings shall be given in the prescribed manner. Transaction 9. (1) The Sarpanch shall place before the Gram Sabha for its approval the following of business at matters , namely: general meeting . ( a) the annual statement of accounts;
- (b) budget estimates;
- (c) the developmental and other programmes of work proposed for the current financial year;
- (d) proposals for fresh taxation or enhanced taxation;
- (e) report of the administration of the preceding financial year; (/) the last audit note and replies thereto. EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012.
- (2) The Gram Sabha , shall consider the following matters and make recommendations and suggestions to the Gram Panchayat , namely:
- (a) annual administration report of the preceding financial year;
- (b) planning supervising , co-ordinating and monitoring the schemes of the Gram Panchayat;
- (c) recoveries of Panchayat dues; (c0 the last audit report and replies made thereto;
- (e) proposals for organising community service , voluntary labour or mobilisation of the local people for any specific work included in any programme: Provided that the recommendations of the Gram Sabha shall be acted upon by the Gram Panchayat as far as practicable.
Chapter 11 GP-AM SABHA
10. Provided that the recommendations of the Gram Sabha shall be acted upon by the Gram Panchayat as far as practicable.
The Gram Sabha shall perform the following functions , namely:- () identification of the beneficiaries and sites under various programmes of the Administration; (ii) determination of the priorities of the work to be undertaken by the Gram Panchayat;
- (iii) issuance of utilisation certificate in respect of the development work undertaken by the Gram Panchayat from the grants - in-aid or the Gram Panchayat funds;
- (iv) any other function as may be assigned by the Administrator from time to time. 11. (1) The Gram Sabha shall constitute a minimum of two Supervisory Committees in such manner as may be prescribed to supervise the Gram Panchayat work and other activities in the Gram.
- (2) The Supervisory Committees shall submit its report to the Gram Panchayat and also place a copy of their report in the meeting of the Gram Sabha.
Chapter 11 GP-AM SABHA
11. (1) The Gram Sabha shall constitute a minimum of two Supervisory Committees in
- (1) The Gram Sabha shall constitute a minimum of two Supervisory Committees in such manner as may be prescribed to supervise the Gram Panchayat work and other activities in the Gram. (2) The Supervisory Committees shall submit its report to the Gram Panchayat and also place a copy of their report in the meeting of the Gram Sabha.
such manner as may be prescribed to supervise the Gram Panchayat work and other activities in the Gram.
- (2) The Supervisory Committees shall submit its report to the Gram Panchayat and also place a copy of their report in the meeting of the Gram Sabha.
Chapter 11 GP-AM SABHA
12. (1) As soon as may be, after its constitution
, every Gram Sabha shall elect by direct election an Executive Committee called the Gram Panchayat and a Chairperson of that Committee to be known as the Sarpanch.
- (2) A Gram Panchayat shall, consist of such number of seats , including the Sarpanch not being less than nine or more than fifteen , as the Director Panchayat may, with prior approval of the Administrator notify.
- (3) The ratio between the population of the territorial area of a Gram Panchayat and the number of seats in that Panchayat to be filled by election shall , so far as practicable, be the same throughout the Union territory.
- (4) Each Gram Panchayat area shall be divided by the Election Commission into territorial constituencies 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 Gram Panchayat area.
- (5) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Gram Panchayat and the number of seats so reserved shall bear , as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Gram Panchayat as the population of the Scheduled Castes and the Scheduled Tribes in that Gram Functions of Gram Sabha. Supervisory Committees of Gram Sabha Constitution of Gram Panchayats.
- • 7 - Person qualified to vote and be elected. EXTRAORDINARY No. : 32 DATED : 17T" AUGUST, 2012. Panchayat area bears to the total population of that area and such seats shall be a ! loned by the Election Commission by rotation to different constituencies in a Gram Panchayat, in such manner as may be prescribed: Provided that no such reservation shall be necessary if the total population of the Scheduled Castes or the Scheduled Tribes in a Gram Panchayat is less than half the proportionate population required to fill one seat.
- (6) Not less than one - half of the total number of the seats reserved under sub - section (5), shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes.
- (7) Not less than one-half ( including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes ) of the total nwnber of seats to be filled by direct election in every Gram Panchayat shall be reserved for women and such seats may be allotted by the Election Commission by rotation to different constituencies in a Gram Panchayat
, in such manner as may be prescribed.
- (8) The number of seats to be reserved under sub - sections(6) and( 7), shall be determined by the Administrator , by an order published in the Official Gazette.
- (9) The Administrator shall reserve-
- (a) the number of offices of Sarpanch in the Gram Panchayats for the Scheduled Castes and the Scheduled Tribes which shall bear , as nearly as may be, the same proportion to the total number of such offices in the Gram Panchayats as the population of the Scheduled Castes and the Scheduled Tribes in the area of Union territory to which this Regulation extends bears to the total population of such area;
- (b) not less than one-half of the total number of offices ofSarpanch in the Gram Panchayats for women: Provided that offices reserved under this sub-section shall be allotted by the Election Commission by rotation to different Gram Panchayats in such manner as may be prescribed.
PDF: pending for this language.