Vidhi Codex

The Sikkim Panchayat Act, 1982

The Sikkim Panchayat Act, 1982

Infrastructure1982121 sections9 chapters

The Sikkim Panchayat Act, 1982, establishes a decentralized system of local self-governance in rural Sikkim through a two-tier structure: the Gram Panchayat at the village level and the Zilla Panchayat at the district level. The Act regulates the constitution, powers, and duties of these bodies, focusing on rural development, sanitation, infrastructure maintenance, and public welfare. It applies to all rural areas of Sikkim, excluding specific municipal, cantonment, and bazar areas. For the ordinary citizen, this legislation is significant as it provides the legal framework for local representation, enabling residents to participate in village-level decision-making, access basic civic amenities, and hold local elected representatives accountable.

Start reading →Read full ActSections

Chapter I Chapter I →

  1. 1Short title, extent and commencement
  2. 2Definitions

Chapter II Chapter II →

  1. 3Constitution of Gram, its name and jurisdiction
  2. 4Effect of alteration of the area of a Gram
  3. 5Effect of inclusion of a Gram or part thereof in Municipal Corporation, etc
  4. 6Constitution of Gram Panchayat
  5. 7Incorporation of Gram Panchayat
  6. 8Provided that in all cases of acquisition or disposal of immovable property, the Gram Panchayat shall obtain the previous approval of the State Government.
  7. 9Disqualifications of members of Gram Panchayat
  8. 10Sabhapati and Up-Sabhapati
  9. 11Notification of election of nomination etc
  10. 12First meeting of Gram Panchayat
  11. 13Meeting of Gram Panchayat
  12. 14Consideration of question disposed of by Gram Panchayat
  13. 15List of business to be transacted at a meeting
  14. 16Powers and duties of Sabhapati
  15. 17Powers and duties of Up-Sabhapati
  16. 18Right of individual member
  17. 19Resignation of Sabhapati, or Up-Sabhapati or member
  18. 20Removal of Sabhapati and Up-Sabhapati
  19. 21Filling of casual vacancy in the office of Sabhapati or Up-Sabhapati
  20. 22Removal of member of Gram Panchayat
  21. 23Filling of casual vacancy in place of member of Gram Panchayat
  22. 24Sachiva of Gram Panchayat
  23. 25Resignation of Sachiva
  24. 26Removal of Sachiva

Chapter III Chapter III →

  1. 27Obligatory duties of Gram Panchayat
  2. 28Other duties of Gram Panchayat

Chapter IV Chapter IV →

  1. 29Property and Fund of Gram Panchayat
  2. 30Allocation of properties to Gram Panchayat
  3. 31Any sum so received shall be credited to the Gram Panchayat Fund.
  4. 32Gram Panchayat Fund
  5. 33Levy of taxes, rates and fees
  6. 34Power of State Government to regulate taxes, rates and fees
  7. 35Appeal against taxation, fees and rates
  8. 36Recovery of arrears
  9. 37Action by District Collector
  10. 38Power of State Government in regard to relief in taxes, rates or fees
  11. 39Budget of Gram Panchayat
  12. 40Supplementary Budget
  13. 41Accounts

Chapter V Chapter V →

  1. 42Zilla Panchayat and its constitution
  2. 43Term of members of Zilla Panchayat
  3. 44Incorporation of Zilla Panchayat
  4. 45Provided that in all cases of acquisition or disposal of immovable property, the Zilla Panchayat shall obtain the previous approval of the State Government.
  5. 46Notification of election, nomination etc
  6. 47First meeting of the Zilla Panchayat
  7. 48Meetings of Zilla Panchayat
  8. 49Reconsideration of questions disposed of by Zilla Panchayat
  9. 50List of business to be transacted at a meeting
  10. 51Powers and duties of Adhakshya
  11. 52Powers and duties of Upadhakshya
  12. 53Right of individual members
  13. 54Resignation of Adhakshya and Upadhakshya or a member
  14. 55Removal of Adhakshya and Upadhakshya
  15. 56Filling of casual vacancy in the office of Adhakshya or Upadhakshya
  16. 57The person so elected shall take office forthwith and shall hold office for the an expired term of office of his predecessor.
  17. 58Filling of casual vacancy in office of a member of Zilla Panchayat
  18. 59Sachiva of Zilla Panchayat

Chapter VI Chapter VI →

  1. 60Obligatory duties of Zilla Panchayat
  2. 61Other duties of Zilla Panchayat
  3. 62Provided that a Zilla Panchayat shall undertake or execute any scheme if it extends to more than one Gram.
  4. 63Joint execution of schemes by two or more Zilla Panchayats
  5. 64Power of supervision by Zilla Panchayat over Gram Panchayat

Chapter VII Chapter VII →

  1. 65Works constructed by a Zilla Panchayat to vest in it
  2. 66Allocation of properties to Zilla Panchayat
  3. 67Any sum so received,shall,be: credited to the Zilla'Panchayat-Fund.
  4. 68Zilla Panchayat Fund
  5. 69Imposition of taxes, rates and fees
  6. 70Power of State Government to regulate taxes
  7. 71Appeal against taxation, rate or fee
  8. 72Recovery of arrears
  9. 73Action by District Collector
  10. 74Power of State Government in regard to relief in taxes
  11. 75Budget of Zilla Panchayat
  12. 76Supplementary Budget
  13. 77Accounts

Chapter VIII Chapter VIII →

  1. 78Audit of accounts of fund
  2. 79Submission of accounts to audit
  3. 80Powers of Auditors
  4. 81Penalty
  5. 82Audit report
  6. 83Action on audit report
  7. 84Power of auditor to surcharge etc
  8. 85Appeal
  9. 86Payment of certified sums
  10. 87Certain costs and expenses payable out of funds

Chapter IX Chapter IX →

  1. 88Oath of affirmation
  2. 89Validation
  3. 90Panchayat, as the case may be, or any defect or irregularity in the constitution thereof.
  4. 91Indemnity
  5. 92Reference of dispute
  6. 93Inspection
  7. 94Power of State Government to rescind or suspend resolution of a Gram Panchayat or Zilla Panchayat
  8. 95Power of State Government officers to attend meetings
  9. 96Directions by State Government
  10. 97Act.
  11. 98Power of State Government to supersede a Gram Panchayat or Zilla Panchayat
  12. 99Consequences of super session
  13. 100Election of Sabhapati or Up-Sabhapati or Sachiva or member of Gram Panchayat or Adhakshya or Upadhakshya or member or Zilla Panchayat
  14. 101Superintendence of election
  15. 101AElectoral offences
  16. 101BRequisition of premises, vehicles etc. for election purpose
  17. 102Application for questioning the election
  18. 103Decision on question as to disqualification
  19. 104Provided that no order shall be passed under this section unless the person so disqualified is given an opportunity of being heard.
  20. 105Power of Gram Panchayat or Zilla Panchayat over village roads, waterways and other matters
  21. 106Power of Gram Panchayat or Zilla Panchayat in respect of polluted water supply
  22. 107Emergent power on outbreak of epidemic
  23. 108Nomination of members by State Government
  24. 109Every member nominated under sub-section (1) or sub-section (2) shall exercise the same powers and functions and perform the same duties as are conferred upon the elected members under this Act.
  25. 110Placing of services of Government employees at the disposal of Panchayat or a Zilla Panchayat
  26. 111Provided that the State Government shall have disciplinary control over such officers and employees.
  27. 112Delegation
  28. 113Allowance to members
  29. 114Provided that such sitting allowances and travelling allowances are paid from the Gram Panchayat Fund or Zilla Panchayat Fund.
  30. 115No person shall contest the election to any Panchayat with the support, direct or indirect, of any political party.
  31. 116Repeal and Savings
  32. 117Power to remove difficulties
  33. 118Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

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