Schedule

(See sections 20 and 60) THE OATH of OFFICE I .............................having been e Vice-p resi clent of....... ................... Iocted as membedSaipan Pa^ Gram ^4idend God/solemnly affirm that I will bear trite • Mtr= Panchaytu do swear in the name of law established and that I will hold f aith and the cover allegiance gnty and in to the Constitution of India Constitution of and India as by ^thfully and conscientious disc that l will knowled g e ^e the duties of my office to the best of my ability, and judgment without fear or favour or ill-will. Place: Date:Signature, EXTRAORDINARY No. :'32 DATED : 17TH AUGUST, 2012. THE SECOND SCHFDULE (See section 29) MAMAS WmQN THE JURISDICTION of GRAMPANCIIAYAr (A) General Functions: ( 1) Preparation of annual plans for the development ofthe Gram Panchayat area. ( 2) Providing relief in natural calamities. ( 3) Removal of encroachments of Gram Panchayat properties. ( 4) Organising voluntary labour and contribution for community works. ( 5) Maintenance of essential statistics of the village. (B) All the following matters , namely.- 1. Agriculture , including agricultural extension. 2. Land improvement , implementation of lane reforms , land consolidation and soil conservation. 3. Minor irrigation , water management and watershed development. 4. Animal husbandry , dairying and poultry. 5. Fisheries. 6. Social forestry and farm forestry. 7. Minor forest produce. 8. Small scale industries , including food processing industries. 9. Khadi, village and cottage industries. 10. Rural housing. 11. Drinking water. 12. Fuel and fodder. 13. Roads, culverts, bridges , ferries, waterways and other means of communication. 14. Rural electrification , including distribution of electricity. 15. Non - conventional energy sources. 16. Poverty alleviation programme. 17. Education , including primary and secondary schools. 18. Technical training and vocational education. 19. Adult and non-formal education. 20:1ibraries. 21. Cultural activities. 22. Markets and fairs. 23. Health and sanitation, including hospitals , primary health centres and dispensaries. 24. Family welfare. 25. Women and child development. 26. Social welfare, including welfare of the handicapped and mentally retarded. 27. Welfare of the weaker sections , and in particular , of the Scheduled Castes and the Scheduled Tribes. 28. Public distribution system. 29. Maintenance of community assets. EXTRAORDINARY No. : 32 DATED : 17T" AUGUST, 2012. THE THIRD SCHEDULE (See section 76) MATTERS wmuN THE .luRrsLMCn0N ofDisnucr PANCHAYAT (A) General fimctions:- (1) Preparation of annual plans and execution of works covering more than one Gram Panchayat ( 2) Preparation of District plans. (3) Take up works which cannot be executed by a Gram Panchayat but can be executed by the District Panchayat. ( 4) Perform any fictions assigned to a District Panchayat by the Administration. (B) All the following matters, namely:-- 1. Agriculture , including agricultural extension. 2. Land improvement , implementation of land reforms , land consolidation and soil conservation. 3. Minor irrigation , water management and watershed development. 4. Animal husbandry , dairying and poultry. 5. Fisheries. 6. Social forestry and farm forestry. 7. Minor forest produce. 8. Small scale industries, including food processing industries. 9. Khadi, village and cottage industries. 10. Rural housing. 11. Drinking water. 12. Fuel and fodder. 13. Roads , culverts, bridges, ferries , waterways and other means of communication. 14. Rural electrification , including distribution of electricity. 15. Non- conventional energy sources. 16. Poverty alleviation programme. 17. Education, including primary and secondary schools. 18. Technical training and vocational education. 19. Adult and non - formal education. 20. Libraries. 21. Cultural activities. 22. Markets and fairs. 23. Health and sanitation , including hospitals , primary health centres and dispensaries. 24. Family welfare. 25. Women and child development. 26. Social welfare , including welfare of the handicapped and mentally retarded. 27. Welfare of the weaker sections, and in particular , of the Scheduled Castes and the Scheduled Tribes. 28. Public distribution system. 29. Maintenance of community assets. EXTRAORDINARY No. : 32 I DATED : 17TH AUGUST, 2012. THE FOURTH SCHEDULE (See section 75) Matters on which the President and the Vice-President may be consulted by the Administrator. 1. All general matters pertaining to District Panchayat. 2. Matters relating to training of staff of District Panchayats. 3. Review of administration of District parichayu and tion ofthe activities of District Panchayats. 4. Removal of difficulties of District Panchayat. 5. Matters relating to small scale industries including food processing industries. 6. Matters pertaining to Union territory level educational institutions. 7. Proposal relating to its taxes. 8. Any other matter on which Administrator may like to consult. EXTRAORDINARY No. : 32 DATED : 17 TH AUGUST, 2012. THE FIFTH SCHEDULE (See sections 14 and 58) Provisions as to disqualification on ground of defection. 1. Interpretation .- In this Schedule, unless the context otherwise requires,- (a) "Panchayat" means an institution(by whatever name called) of self Government constituted under article 243B for the rural areas; (b) "Gram Panchayat " in relation to a member of a Panchayat belonging to any political party in accordance with the provisions of paragraph 2 or paragraph 3, means the group consisting of all the members of that Panchayat for the time being belonging to that political party in accordance with the said provisions; (c) "original political party," in relation to a member of a Panchayat means the political party to which he belongs for the purposes of subparagraph ( 1) of paragraph 2; ( a) "paragraph" means a paragraph of this Schedule. 2. Disqualification on ground of defection .-( l) Subject to the provisions of paragraph 3, a member of a Panchayat belonging to any political party shall be disqualified for being a member of the Panchayat- (a) if he has voluntarily given up his membership of such political party; or (b) if he votes or abstains from voting in such Panchayat contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf , without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention. Explanation.-For the purposes of this sub- paragraph, an elected member of a Panchayat shall be deemed to belong to the political party , if any , by which he was set up as a candidate for election as such member. (2) An elected member of a Panchayat who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the Panchayat if he joins any political party after such election. . (3) Notwithstanding anything contained in the foregoing provisions of this paragraph, a peson who , on the commencement of the Daman and Diu Panchayat Regulations , 2012, is a member of a Panchayat shall,- (I) where he was a member of a political party immediately before such commencement, be deemed, for the purposes of sub-paragraph (1) of this paragraph, to have been elected as a member of such Panchayat as a candidate set up by such political party; (ii)in any other case, be deemed to be an elected member of the Panchayat who has been elected as such otherwise than as a candidate set up by any political party for the purposes of sub - paragraph ( 2) of this paragraph. 3. Disqualification on ground of defection not to apply in case of merger.- (1) A member of a Panchayat shall not be disqualified under sub-paragraph ( 1) of paragraph 2, where his original political party merges with another political party and he claims that he and any other members of his original political party- (a) have become members of such other political party or, as the case may be, of a new political party formed by such merger, or (b) have not accepted the merger and opted to function as a separate group, and from the time of such merger, such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub - paragraph ( I) of paragraph 2 and to be his original political party for the purposes of this sub-paragraph. EXTRAORDINARY No. : 32 DATED : 17T" AUGUST, 2012. (2) For the purposes of sub- paragraph(/)of this paragraph, the merger of the original political party of a member of a Panchayat shall be deemed to have taken place if, and only if, not less than two-thirds of the members of such political party in the Panchayat concerned have agreed to such merger. 4. Decision on questions as to disqualification on ground of defection .---(/) If any . question arises as to whether a member of a Panchayat has become subject to disqualification under this Schedule , the question shall be referred for the decision of the Administrator and his decision thereon shall be final. (2) Before giving any decision on any such question, the Administrator shall obtain the opinion of the Election Commission appointed under section 185 of the Andaman and Nicobar Islands (Panchayat ) Regulation , 1994 (1 of 1994) and shall act according to such opinion. 5. Rules .- The Administrator may make rules for giving effect to the provisions of this Schedule, and in particular, and without prejudice to the generality of the foregoing, such rules may provide for- (a) the maintenance of registers or other records as to the political parties , if any, to which different members of the Panchayat belong; (b) the report which the leader of a political party in relation to a member of a Panchayat shall furnish with regard to any condonation of the nature referred to in clause ( b) of sub -paragraph ( 1) of paragraph 2 in respect of such member , the time within which and the authority to whom such report shall be furnished; (c) the report, which a political party shall furnish with regard to admission to such political party of any members of the Panchayat and the officer of the Panchayat to whom such report shall be furnished; and (d) the procedure for deciding any question referred to in paragraph 4 including the procedure for any inquiry which may be made for the purpose of deciding such question. PRATIBHA DEVISINGH PATIL, President. V.K. BHASIN, Secy. to the Govt . of India. Government Printing Press, Daman . 08/2012 -250. [ Price Rs. 11.00 J aT EXTRAORDINARY Daman 22 nd August, 2012 , 31 Sravana 1934 (Saka) OFFICIAL GAZETTE i17 . 4Y 7IQJf STI-M TRIM Government of India ndia U.T. ADMINISTRATION OF DAMAN & DIU mf r RT ifsm PUBLISHED BY AUTHORITY U. T. ADMINISTRATION OF DAMAN & DIU Office of the Special Secretary ( PRI), Secretariat, Daman No. 4/21 / SPL.Sec ( PRI)/2012 - 13/86 Dated : 22/08/2012. NOTIFICATION In exercise of the Powers conferred by Section 1(3) of the Daman and Diu Panchayat Regulation, 2012, the Administrator of U. T. of Daman and Diu hereby notify the 17th day of August, 2012 as the date on which the Daman and Diu Panchayat Regulation, 2012 shall come into force. By order and in the name of the Administrator of Daman & Diu. Sd/- ( Kishore Bamania) Deputy Secretary (PRI) Secretariat, Daman. Government Panting Press, Daman. 08/2012- 250. Pace Rs. 1.00 J