Preamble

122) y 5 | JIL Cod THE JHARKHAND GAZETTE EXTRAORDINARY ISSUE PUBLISHED BY THE GOVERNMENT OF JHARKHAND No. 94: The 20th Baisakh, 1923 Shaka Year Ranchi, Thursday, the 10" May, 2001. Law (Legislative) Department Notification The 10th May, 2001.

No. L.G. - 04/2001, Leg : 11 - The following Act of the Jharkhand Legislature, to which the Governor has given assent on the 23rd April, 2001, is hereby published for information of the general public.

By order of the Governor of Jharkhand. Prashant Kumar Joint Secretary Law (Legislative) Department, Jharkhand, Ranchi.

2 REVS ISTE (SRR), AHR 21 Sa, 2008 Jharkhand Panchayat Raj Act, 2001 [Jharkhand Act - 06 of 2001]

An Act to provide regulating provisions for the establishment of Panchayat Raj in State of Jharkhand. Be it enacted by the Legislature of the State of Jharkhand in the fifty second year of the Republic of India as follows :-

Chapter - I Short Title and Definitions

Section 1

Short title, extent and commencement :-

(i). This Act may be called The Jharkhand Panchayat Raj Act, 2001.

1. (ii) It extends to the whole of the State of Jharkhand except the areas to which provisions of the Patna Municipal Corporation Act, 1951 (Bihar Act XIII of 1952); Bihar & Orissa Municipal Act, 1922 (Bihar Act VII of 1922) or Cantonment Act, 1924 (Act II of 1924) apply.
2. (iii) It shall come into force on such date as the Jharkhand Government may, by notification in the official gazette, appoint and different dates may be appointed for different areas and for different provisions. Section 2 Definitions : In this Act unless there is anything repugnant in this context : @). "Population' means the population as ascertained at the last preceeding census of which the relevant figures have been published; '[Provided that Population of other backward classes means the population of other backward classes ascertained on the basis of last preceding census figures by the procedure prescribed by the State Government. ] [Provided further, that if the State Government has not ascertained the population of other backward classes on the basis of last preceding Census figures as per the prescribed procedure then the population of other backward classes is deemed to be assessed by assuming the villagewise percentage population of other backward classes as ascertained by survey on the basis of figures just preceding to the last preceding census fixed.]
3. (ii) "Village" means a village specified by the State Government, by notification in the official gazette to be a village for the purposes of this Act, and includes a village or a group of villages/ Tolas so specified. The word "village" includes a revenue village; but in the scheduled area, a 1 Ins. by Jharkhand Act, 06, 2006 -2 3 REVS ISTE (SRR), AHR 21 Sa, 2008 'village' means any such village in The scheduled area in which there will ordinarily be a residence or a group of residences, or a tola or a group of tolas, comprising such community which manages its activities according with its customs and usages;
4. (iii) "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of the Gram Panchayat and constituted under section 3;
5. (iv) "Gram Panchayat’ means a Gram Panchayat constituted under section 12; wv) "Panchayat Area' means territorial area of a Panchayat constituted under this act;
6. (vi) "Member" means an elected/nominated member of any Regional/ territorial constituency of a Gram Panchayat, Panchayat Samiti or Zila Parishad;
7. (vii) "Mukhia" means a Mukhia of a Gram Panchayat elected under the provisions of this Act;
8. (viii) ""Up-Mukhia" means an Up-Mukhia of a Gram Panchayat elected under the provisions of this Act;
9. (ix) "Panchayat Samiti" means a Panchayat Samiti constituted under section 32 of this Act;
10. (x) "Block" means such local area in a district which the State Government may constitute to be a block;
11. (xi) ""Pramukh' means a Pramukh of Panchayat Samiti elected under this act;
12. (xii) "Up-Pramukh' means an Up-Pramukh of Panchayat Samiti elected under this Act;
13. (xiii) "District' means a district as notified by the State Government to be a district;
14. (xiv) "Zila Parishad" means a Zila Parishad of a district constituted under section 47 of this Act;
15. (xv) ""Adhyaksha’ means an Adhyaksha of Zila Parishad elected under the provisions of this Act;
16. (xvi) ""Upadhyaksha' means an Upadhyaksha of Zila Parishad elected under the provisions of this Act;
17. (xvii) ""Election’’ means an election to fill up a seat or seats in a Panchayat; (xviii) ~~ "Election Proceedings’’ means proceedings that start with issuance of notification for election and comes to an end with declaration of result thereof;
18. (xix) "State Election Commission’’ means a State Election Commission constituted by the Governor under section 66 of this Act in the light of Article 243 K (1) of the constitution;
19. (XX) "Secretary’’ means Secretary appointed in prescribed manner by the prescribed authority for Gram Panchayat, Panchayat Samiti and Zila Parishad under this Act;

1. (xxi) "Assistant Secretary’ means an officer especially appointed by the State Government through the Panchayat Raj Directorate, who shall discharge duties as prescribed; 4 REVS ISTE (SRR), AHR 21 Sa, 2008
2. (xxii) "Block Development Officer’ means an officer appointed as such by the State Government; (xxiii) ~~ "Sub Divisional Officer’’ means the Magistrate-in-Charge of a sub division in which a Gram Panchayat has been established and includes any other Magistrate who may be specially appointed by the Government to discharge all or any of the functions of (The Sub Divisional) Magistrate under this Act;
3. (xxiv) "Executive Officer" means an Executive Officer of a Panchayat Samiti, appointed under the provisions of this Act;
4. (XxV) "District Panchayat Raj Officer'' means an officer appointed as such by the State Government; (xxVvi) "Chief Planning Officer'’ means a District Planning Officer appointed as such by the State Government; (xxvii) "Chief Executive Officer’’ means a Chief Executive Officer of a Zila Parishad appointed by the State Government under the provisions of this Act; (xxviii) "District Magistrate’ means a District Magistrate or a Deputy Commissioner of a District so appointed by the State Government and includes any other officer, who may be especially appointed by the State Government to discharge all or any of the functions of the District Magistrate under this Act;
5. (XXix) ""Commissioner’’ means the Divisional Commissioner or such other officer as may be especially appointed by the State Government to exercise the powers of a Commissioner under this Act;
6. (XXX) Director’ means a Director appointed as such by the State Government; (xxx1) ""Government’’ means the State Government of Jharkhand; (xxxii) ~~ "Prescribed’’ means prescribed under this Act or Rules made hereunder; (xxxiii) "Prescribed Authority” means an officer of a particular rank and designation appointed by the State Government under this Act or Rules made there under; (xxxiv) ~~ "Notification’’ means a notification published in the state or District Gazette;
7. (xxxv) "Scheduled Area’ means a scheduled area referred to in Clause (1) of Article 244 of the Constitution of India; (xxxvi) "Other Backward Classes’’ means all such classes as have been specified by the State Government; (xxxvii) "Public Servant’’ means a public servant as defined in section 21 of the Indian Panel Code (I.P.C. 45 of 1860); (xxxviii) "Public Market" or "Public Fair'’ means a market or a fair, as the case may be, notified under section 83 of this Act; (xxxix) "Public Property" or "Public Land’ means such public building, garden, orchard or other place where people for the time being, either on making any payment or otherwise, make use of it or have permission of access;
8. (XXXX) "Public Road’ means such a road, footpath, street, lane, flank or passage over which people have the right of movement; (xxxxi) "Cooperative Society’ means a society mentioned by the State Government in the Act relating thereto; (xxxxii) "Standing Committee’ means a standing committee constituted under this Act; 5 REVS ISTE (SRR), AHR 21 Sa, 2008 CHAPTER - II GRAM SABHA Section 3
   • (i) For the purposes of this Act, a District Magistrate on direction of the State Government may, by notification in the District Gazette, specify a village or a group of villages as gram ![Sabha] but, where a Gram Sabha is constituted for a group of villages, name of the village having the largest population shall be specified as that Gram Sabha;
   • (ii) GRAM SABHA means a body consisting of persons registered in the electoral rolls relating to a revenue village comprised within a Gram Panchayat area;
   • (iii) GRAM SABHA in a scheduled area:- Ordinarily there shall be one GRAM SABHA for a village but if members of a Gram Sabha in a scheduled area, so desire they may constitute more than one Gram Sabha in a village in the manner which may be prescribed and in the area of each such Gram Sabha there shall be residence and group of residences or small villages or villages/group of tolas comprising of communities which shall manage their activities in according with customs and usages. Section 4
9. (a) Electoral Roll (Voters List)- There shall be a voters’ list for each village specified under 2[section-2(ii)], which shall be prepared according to the provisions of this Act and Rules made thereunder.
10. (b) Registration of Voters - @) Every such person, who is eligible to be registered in the electoral Roll of the legislative Assembly relating to that village or whose name is entered therein and who is an usual resident of that village, shall be entitled to be registered in the voters’ list of that village;
    • (ii) Provided that, no person shall be entitled to be registered in more than one village's voters list.
    • (iii) Provided that no person shall be entitled to be registered in the voters list if he is registered in the Electoral Roll relating to any other local authority. ©) Voters of a Panchayat - All the persons whose names are entered as voters in that much part of the then in force voters’ list or lists of the state Legislative Assembly 1 Subs. by Jharkhand Act of 2002 -2 2 Subs. by Jhrkhand Act 120 2003 -2 6 REVS ISTE (SRR), AHR 21 Sa, 2008 constituency, as is related to the territorial constituency of a Gram Panchayat, shall be voters in the Panchayat election concerned. Section 5 Meetings of Gram Sabha - The Gram Sabha shall meet time to time but not more than three months shall intervene in between any two meeting; provided on a demand in writing being made by one-third members of the Gram Sabha, if it be required by the Panchayat Samiti; Zila Parishad or Deputy Commissioner/District Magistrate, an extraordinary meeting may be called within 30 days of Such requirement. Section 6 Convening of Meetings -
    • (i) A notice of the meeting shall be pasted on the notice-board of the Gram Panchayat Office and the same shall adequately be brought to the notice of the public by means of publicity (such as Dugdugi, Drum and Loudspeakers);
    • (ii) It shall be the responsibility of the Mukhia to convene and conduct the meetings of the Gram Sabha. In case '[Mukhia] fails to convene the meeting as specified under the Act, the Executive Officer of the Panchayat Samiti or the Prescribed Officer of the Panchayat authorized by him on this behalf shall convene such meetings; Provided that in case he fails to call meetings at intervals as specified under the Act, he shall be deprived of holding the office of Mukhia; Provided also that no order shall be passed by the officer prescribed under this sub-section against the Mukhia unless he is given reasonable opportunity of hearing. Section 7 Quorum - @) The quorum for a meeting shall be 1/10" of the total members of the Gram Sabha, out of which at least 1/3" shall be women; Provided that in a scheduled area, the quorum for a meeting shall be 1/3" of the total members of the Gram Sabha, out of which at least 1/3" shall be women.
    • (ii) If at the time appointed for the meeting, members are not present to fulfill the required quorum the person presiding the meeting shall adjourn the meeting to such a future date and time as he may appoint and a fresh notice shall be given in the prescribed manner and no quorum shall be required for such an adjourned meeting; Provided that no new subject shall be taken up for consideration in such a meeting. 1 Ins by Jharkhand Act 7 of 2002-3 7 ARGUS TOIE (STIR), AHIR 21 Tad, 2008 Section 8 Presiding Officer - @) Every meeting of the Gram Sabha shall be presided over by the Mukhia of the concerned Gram Panchayat and in his absence by the up-Mukhia;
    • (ii) In case of absence of both the Mukhia and the Up-Mukhia in the meeting, the meeting of the Gram Sabha shall be presided over by such a member of the Gram Sabha who would be elected for the purpose the majority of the member present in the meeting;
    • (iii) PRESIDING OVER OF MEETINGS OF GRAM SABHAS IN SCHEDULED AREA - Meeting of Gram Sabha in scheduled area shall be presided over by such a person belonging to any of the Scheduled Tribes of the Gram Sabha who is neither Mukhia, Up-Mukhia nor a member of the Panchayat, and who is recognized as Gram Pradhan in that area as per prevalent custom such as Manjhi, Munda, Pahan, Mahto or by any other name or by the person proposed by them or nominated/supported by the general consensus of the members present in the meeting. [Provided also that in a Gram Sabha in which there is a respected person according to the custom and usage prevalent from traditions who is the Gram Pradhan (Head of the village) e.g. Manjhi, Munda, Pahan, Mahto or called by any other name and is not a member of the Scheduled Tribe, then a meeting of the Gram Sabha in the scheduled areas shall be presided over by him, or if there be any member of the Scheduled Tribe in the said area, then by such person on being proposed by the Gram Pradhan or nominated/supported by a majority of votes of the members present in the meeting, and if there be no members of the Scheduled Tribe then, by a person not belonging to the Scheduled Tribe, who is proposed or nominated / supported in this behalf] Section 9 In case of dispute over right of a person to be present in a meeting of the Gram Sabha, the person presiding over the meeting shall decide the dispute in light of the entry in the voter's list of that particular Gram Sabha area and the said decision of his shall be final. Section 10 Powers and functions of Gram Sabha and its annual meeting -