Chapter IX Chapter IX

Miscellaneous

Every member of a Gram Panchayat or Zilla Panchayat other than a member referred to in clause

1. (c) of sub” section

1. (2) of section. 42 shall before taking his office make and subscribe before such authority as may be specified by the State Government in this behalf an oath or affirmation according to the Form set out for the purpose in the Schedule.

Validation. No act or proceeding of a Gram Panchayat or Zilla Panchayat. shall be deemed to be invalid merely by reason of the existence of any vacancy in the Gram Panchayat or Zilla

Members and Officers and employees to be public servants Members and Officers and employees to be public servants. All members, officers and employees of the Gram Panchayat and Zilla Panchayat shall be deemed when acting or purporting to act in pursuance of the discharge of their duties, or in the exercise of their powers under this Act or under the rules made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code.

Indemnity. No suit or other legal proceedings shall lie against a Gram Panchayat or Zilla Panchayat or against any member thereof or any officer or any employee for anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

Reference of dispute. (1) If any dispute arises between two or more Gram Panchayats, within the jurisdiction of the same Zilla Panchayat, it shall be referred to the Zilla Panchayat concerned by any party to the dispute and the decision of the Zilla Panchayat thereon shall be final. (2) If any dispute arises

1. (a) between a Gram Panchayat within a district on the one side and the Zilla Panchayat of the same district on the other; or (b) between two or more Zilla Panchayats; or (c) between one or more Gram Panchayats in one district on the one side and one or more Gram Panchayats in another district on the other; or (d) between one or more Gram Panchayats in one district on the one side and the Zilla Panchayat of another district on the other; such dispute shall be referred to the State Government by any party to the dispute and the decision of the State Government thereon shall be final.

Inspection. (1) The State Government shall empower the Secretary and such other officers as it may consider necessary for the purpose of inspecting or superintending the works of all, or any class of, Gram Panchayats or Zilla Panchayats. (2) An officer so empowered to inspect or superintend the works of a Gram Panchayat or Zilla Panchayat may at any time (a) inspect or cause to be inspected any immovable property used or occupied by the Gram Panchayat or Zilla Panchayat or any work in progress under the direction of Gram Panchayat or Zilla Panchayat; (b) inspect or examine any work or thing under the control of the Gram Panchayat or Zilla Panchayat~ (el require, for the purposes of inspection examination, the Gram Panchayat~ or (i) to produce any book, record, correspondence, plan or other document; or to furnish any return, plan, estimate, statement, accounts or statistics; or (ii)

1. (iii) to furnish or information. obtain any report or (3) When an inspection of a Gram Panchayat or Zilla Panchayat is undertaken by any officer referred to in sub-section (1), a report of such inspection shall be submitted by such officer to the State Government as soon as possible but not beyond a period of thirty days after the date of completion of inspection.

Power of State Government to rescind or suspend resolution of a Gram Panchayat or Zilla Panchayat. (1) The State Government may, by order in writing, rescind any resolution passed by a Gram Panchayat or Zilla Panchayat, it in its opinion such resolution (a) has not been legally passed; or (b) is in excess or abuse of the powers conferred by or under this Act or any rules made thereunder; or (c) is likely to cause, if executed, danger to human life, health, or safety or is likely to lead to breach of the peace. (2) The State Government shall, before taking any action under sub-section

1. (1) give the Gram Panchayat or Zilla Panchayat concerned an opportunity of making any representation against the proposed order.

Power of State Government officers to attend meetings. Any officer of the State Government authorised by the State Government in this behalf, shall be entitled to attend meetings of the Gram Panchayat or the Zilla Panchayat as the case may be, for the purpose of furnishing facts, information and techn- ical advice but shall not be entitled to vote at any such meeting.

Directions by State Government. In the discharge of their functions the Gram Panchayat and the Zilla Panchayat shall be guided by such instructions or directions as may be given to them by the State Government from time to time in conformity with the provisions of this

Power to remove Sabhapati, Up-Sabhapati, Sachiva, Adhakshya and Upadhaksya Power to remove Sabhapati, Up-Sabhapati, Sachiva, Adhakshya and Upadhaksya. The State Government may, notwithstanding anything contained in sub-section

1. (2) of section 10, subsection
2. (4) of section 24 and sub-section
3. (2) of section 45, by an order in writing, remove with effect from a date to be specified in the order any Sabhapati or Up- Sabhapati or any Sachiva of Gram Panchayat, any Adhakshya, or Updhakshya of Zilla Panchayat from his office, if in its opinion, he wilfully omits or refuses to carry out the provisi- ons of this Act or of any rules or orders made thereunder or abuses the powers vested in him under this Act. (2) The State Government shall, before making any order under sub-section (1), give to the person concerned an opportunity of making a representation against the proposed order.

Power of State Government to supersede a Gram Panchayat or Zilla Panchayat. If, in the opinion of the State Government, any Gram Panchayat or Zilla Panchayat (a) has shown its incompetence to perform or has persistently made default in the performance of the duties imposed on it by or under this Act or any other law; or (b) has exceeded. or abused its powers, the State Government may, by order, to be published in the Official Gazette stating the reasons therefore, supersede the Gram Panchayat or Zilla Panchayat, as the case may be, and direct that it be reconstituted within such period not exceeding the maximum. period of one year as may be specified in the order: Provided that the State Government shall, before making any order under sub-section (1), give the Gram Panchayat or the Zillah Panchayat, as the case may be, an opportunity of making a representation against the proposed order.

Consequences of super session. (1) When an order of super session has been passed under section 98 then with effect from the date of the order (a) all the members of the Gram Panchayat or the Zilla Panchayat, as the case may be, shall vacate their offices; (b) all the powers, duties and functions which, under the provisions of this Act or any rule made thereunder or any law for the time being in force may be exercised, discharged or performed by the Gram Panchayat or Zilla Panchayat, as the case may be, shall be exercised, discharged or performed by such authority, person or persons as may be appointed by the State Government in this behalf; (c) all properties vested in the Gram Panchayat or Zilla Panchayat, as the case may be, shall remain vested in the State Government until the reconstitution of the such Gram Panchayat or Zilla Panchayat. (2) On the reconstitution of the Gram Panchayat, or Zilla Panchayat, as the case may be, the authority, person or persons appointed under clause

1. (b) of sub-section

1. (1) shall cease to exercise his functions.

Election of Sabhapati or Up-Sabhapati or Sachiva or member of Gram Panchayat or Adhakshya or Upadhakshya or member or Zilla Panchayat. If a Sabhapati or an Up-Sabhapati, or Sachiva or a member of a Gram Panchayat or an Adhakshya or an Upadhakshya or member of a Zilla Panchayat becomes a member of either house of Parliament or a member of Legis1ative Assembly, he shall be deemed to have vacated his office as Sabhapati or Up-Sabhapati or Sachiva or member of a Gram Panchayat or Adhakshya or Upadhakshya or member of a Zilla Panchayat, as the case may be, with effect from the date of his becoming such member and a casual vacancy shall be deemed to have occurred in such office.

1. (1) Subject to the provisions of this Act and rules made thereunder, the superintendence, direction and control and the conduct of election of members of a Gram Panchayat shall be vested in such authority as may be prescribed.
2. (2) For the performance of his duties and functions such authority shall be assisted by such other officers and staff as may be appointed by the State Government in this behalf.

Any act of commission Or omission which is an electoral offence in relation to elections to the Legislative Assembly of Sikkim under Chapter VII of the Representation of the People Act, 1951 or under any law for the time being in force shall be deemed to be an electoral offence in relation to the elections to the Gram Panchayats under this Act.

The State Government shall have the same powers in the matter of requisition of premises, vehicles and animals for the purpose of the conduct of elections to the Gram Panchayats as in the case of elections to the Sikkim Legislative Assembly.

1. (1) The election of a person as a member of a Gram Panchayat or Zilla Panchayat shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the ground that
   • (a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election; or
   • (b) that the result of the election has been materially affected
     • (i) by the improper acceptance or rejection of any nomination;
     • (ii) by gross failure to comply with the provisions of this Act or the rules framed thereunder.
2. (2) The following shall be deemed to be corrupt practices of bribery or undue influence for the purposes of this Act.
3. (1) Bribery, that is to say
   • (A) any gift, offer or promise by a candidate or by any other person with the connivance of a candidate of any gratification to any person whomsoever, with the object, directly or indirectly, of inducing
   • (a) a person to stand or not to stand as, or to withdraw from being a candidate at any election; or
   • (b) an elector to vote or refrain from voting at an election; or as a reward to
     • (i) a person for having stood or not stood or having withdrawn his candidature; or
     • (ii) an elector for having voted or refrained from voting.
   • (B) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or of any other person with the connivance of the candidate with the free exercise of any electoral right: Provided that without prejudice to the generality of the provisions of this clause any such person as is referred to therein who
     • (i) threatens any candidate, or any elector, or any person in whom a candidate or any elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or
     • (ii) induces or attempts to induce a candidate or an elector to believe that he or any person in whom he is interested will become or will be rendered object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause.
4. (3) The application under sub-section
5. (1) may be presented by any candidate at the election or any elector and shall contain such particulars as may be prescribed. Explanation - Any person who filed a nomination paper at the election whether such nomination paper was accepted or rejected, shall be deemed to be a candidate at the election.
6. (4) The authority to whom the application under subsection
7. (1) is made shall, in the matter of
   • (a) hearing of the application and the procedure to be followed at such hearing;
   • (b) setting aside the election or declaring the election to be void or declaring applicant to be duly elected or any other relief that may be granted to the petitioner, have such powers and authority may be prescribed.
8. (5) The order passed by the prescribed authority upon an application under sub-section (1), shall be final and conclusive and shall not be questioned in any civil court.

If any question arises as to whether a person has become subject to any disqualification under subsection

1. (1) of section 9, the question shall be referred to the prescribed authority for his decision and his decision shall, subject to the result of any appeal as may be prescribed, be final:

Improvement of sanitation For the improvement of sanitation a Gram Panchayat or Zilla Panchayat may, by order, require the owner or occupier of any land or building, within such reasonable period as may be specified in the notice served upon him and after taking into consideration his financial position.

1. (a) to close, remove, alter, repair, cleanse, disinfect or put in good order any latrine, urinal, water closet, drain, cesspool, or other receptacle for filth, rubbish or refuse pertaining to such land or building, or to remove or alter any door or trap or construct any drain for any such latrine, urinal or water closet which opens on to a street or drain or to shut off such latrine, urinal or water closet by a sufficient roof or wall or fence from the view of persons passing by or dwelling in the neighborhood;
2. (b) to cleanse, repair, cover, fill up, drain off or remove water from, a private well, tank, reservoir, pool, pit, depression or excavation therein which may be injurious to health or offensive to the neighborhood;
3. (c) to clear off any vegetation, undergrowth, prickly pear or scrub jungle there from;
4. (d) to remove any dirt, dung, night soil, manure or any obnoxious or offensive matter there from and to cleanse the land or building.

1. (1) A Gram Panchayat or Zilla Panchayat shall have control over all village roads and waterways within its local limits and may do all things necessary for the maintenance and repair thereof, and may
   • (a) construct new bridges and culverts;
   • (b) direct or close any such village road, bridge or culvert;
   • (c) widen, open, enlarge or otherwise improve any such village road, bridge or culvert and with minimum damage to the neighboring fields, plant and preserve trees on the sides of such road;
   • (d) deepen or otherwise improve such waterways;
   • (e) trim hedges and branches of trees projecting on roads;
   • (f) set a partly public notice any public source of water supply for drinking or culinary purpose and likewise prohibit all bathing, washing or other acts likely to pollute the source so set apart.
2. (2) A Gram Panchayat or Zilla Panchayat, as the case may be, by a notice in writing, require any person who has caused obstruction or encroachment on or damage to any village road or drain or other property under the control and management of the said Gram Panchayat or Zilla Panchayat, to remove such obstruction or encroachment or repair such damage, as the case may be, within the time specified in the notice.
3. (3) If the obstruction or encroachment is not removed or damage is not repaired within the time so specified, the Gram Panchayat or the Zilla Panchayat concerned may cause such obstruction or encroachment to be removed or such damage to be repaired and the expenses of such removal or repair shall be recoverable from such person as arrears of land revenue or public demand.
4. (4) For the purpose of removal of obstruction or encroachment under sub-section (3), the Gram Panchayat or the Zilla Panchayat concerned may apply to the District Collector and the District Collector shall, on such application, provide such help as may be necessary for the removal of such, obstruction or encroachment.

Power of Gram Panchayat or Zilla Panchayat in respect of polluted water supply. A Gram Panchayat or a Zilla Panchayat may, by written notice, require the owner of or the person having control over, a private water source, spring, well, or other place, the water of which is used for drinking or culinary purposes, after taking into consideration his financial position, to take all or any of the following steps within a reasonable period to be specified in such notice, namely: (a) to keep and maintain the same in good repair; (b) to clean the same, from time to time by removing any silt, refuse or decaying vegetation; (c) to protect it from pollution; (d) to prevent its use, if it has become so polluted as to be prejudicial to public health.

Emergent power on outbreak of epidemic. In the event of an outbreak of cholera or any other water borne infectious disease in any locality situated within the local limits of the jurisdiction of a Gram Panchayat or a Zilla Panchayat, the Sabhapati or Up-Sabhapati of a Gram Panchayat or Adhakshya or Upadhakshya of a Zilla Panchayat may, during the continuance of the outbreak, without notice and at any time, inspect and disinfect any well or other place from which water is, or is likely to be, taken for the purpose of drinking and may further take such steps as he deems fit to prevent the drawing of water there from.

Nomination of members by State Government. (1) The State Government may nominate one member of the Scheduled Castes or Scheduled Tribes and one woman to be members of any Gram Panchayat: Provided that no such nomination shall be made if one or more members of the Scheduled Castes or Scheduled Tribes or one woman has been elected to such Gram Panchayat, as the case may be, under the provisions of this Act. (2) Where no member of a minority community having a population of ten per cent or more of the total population within an area comprised in a Gram is elected to the Gram Panchayat, the State Government shall have the power to nominate one member for a population up to twenty per cent and two members for a population up to forty per cent to such Gram Panchayat: Provided that no such nomination shall be made if the population of such minority community exceeds forty per cent of the total population within an area comprised in a Gram: Provided further that no such nomination shall be made if one or more member of such minority community has been elected to such Gram Panchayat. (3)

Report on the work of Gram Panchayat or Zilla Panchayat Report on the work of Gram Panchayat or Zilla Panchayat. The Gram Panchayat or Zilla Panchayat concerned shall prepare and submit annually a report on work done during the previous year and the work proposed to be done during the following year to the prescribed authority within such period as may be specified by the State Government.

Placing of services of Government employees at the disposal of a Gram Panchayat or a Zilla Panchayat. The State Government may, by notification place at the disposal of a Gram Panchayat or Zilla Panchayat services of such officers or other employees serving under it on such terms and condition as may be fixed by the State Government:

Power to settle disputes Power to settle disputes. Where parties to a dispute approach the Gram Panchayat or as the case may be, the Zilla Panchayat for settlement of dispute, then, the Gram Panchayat or the Zilla Panchayat may settle such dispute if any law in force permits such settlement outside courts.

Delegation. The State Government may, by notification, delegate, subject to such conditions as it may specify, all or any of its powers under this Act except the Power to make rules mentioned in section 118 to any person or authority subordinate to it.

Allowance to members. The members of the Gram Panchayat or the Zilla Panchayat shall be entitled to such sitting allowances for attending meetings of the Gram Panchayat or the Zilla Panchayat and travelling allowances that may from time to time, be fixed by the State Government:

Election not to be contested with the support of Political party Election not to be contested with the support of Political party.

Penalty Penalty. (1) Any person who soon after the expiry of his term or resigning from the office or removal from the office of Sabhapati or Up-Sabhapati or Sachiva of Gram Panchayat or Adhakshya or Upadhakshya of Zilla Panchayat, as the case may be, fails to hand over any document of, or any money or other properties vested in or belonging to, the Gram Panchayat or Zilla Panchayat, as the case may be, which are in his possession or control, to his successor-in-office, shall, on conviction, be punished with a fine which may extend to fifty rupees and in the case of a continuing failure or contravention with an additional fine which may extend to twenty rupees for every day after the first conviction during which he has persisted in the failure or contravention. (2) Any person who wilfully obstructs any member or office bearer or servant of a Gram panchayat or a Zilla Panchayat, as the case may be, in the discharge of his duties or any thing which he is empowered to do shall, on conviction, be punished with a fine which may extend to one hundred rupees. (3) Any person required by this Act or rules made thereunder to furnish any information fails to furnish such information or knowingly furnishes wrong information shall, on conviction, be punished with a fine which may extend to one hundred rupees. (4) Any person who contravenes the provisions of this Act or rules made thereunder for which no penalty is provided for under this Act shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees, or with both.

Repeal and Savings. On and from the date of commencement of this Act, the Sikkim Panchayat Act, 1965 shall stand repealed and all assets and liabilities of the Block Panchayats constituted under the repealed Act (including the unspent amounts in the Block Panchayat Fund) shall stand transferred to and re-vest in the State Government: (a) Provided that such repeal shall not affect the previous operation of the repealed Act or anything duly done or suffered thereunder;

1. (b) any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Act; or
2. (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the repealed Act; or
3. (d) any investigation, legal proceeding or remedy in respect of any such right, privilege obligation, liability, penalty forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty forfeiture or punishment may be imposed as if this Act had not been passed: Provided further that subject to the preceding provision anything done or any action taken (including any appointment or delegation made, notification, notice, order, instructions or direction issued, rule, regulation, form or scheme framed, certificate obtained, permit or licence granted, tax imposed or fee or rates levied) under the repealed Act shall, in so far as it is in force immediately before commencement of this Act and is not inconsistent with the provisions of this Act be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly, unless and until they are repealed or amended or suspended.

Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act, the State Government may take such steps or issue such orders not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the purpose of removing such difficulty:

Power to make rules Power to make rules.

1. (1) The State Government may by notification, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:
   • (i) manner of election of Sabhapati and Up-Sabhapati of Gram Panchayat under sub-section
3. (1) of section 10;
   • (ii) manner in which meeting of Gram Panchayat shall be convened under sub-section
4. (2) of section 12;
   • (iii) powers, functions and duties of Sabhapati of Gram Panchayat;
   • (iv) power, functions and duties of Sachiva of Gram Panchayat;
   • (v) manner in which and time within which an appeal may be made under section 35;
   • (vi) manner in which and time within which the Budget shall be prepared by Gram Panchayat under sub-section
5. (1) of section 39;
   • (vii) manner in which and time within which the supplementary Budget shall be submitted under section 40;
   • (viii) manner in which accounts shall be kept by Gram Panchayat;
   • (ix) terms and conditions of appointment of Sachiva of Zilla Panchayat;
   • (x) duties and functions of Sachiva of Zilla Panchayat;
   • (xi) manner in which and time within which appeal may be made under section 71;
   • (xii) manner in which and time within which the Budget shall be prepared by Zilla Panchayat under sub-section
6. (1) of section 75;
   • (xiii) manner in which and time within which supplementary Budget shall be submitted under section 76;
   • (xiv) manner in which accounts shall be kept by Zilla Panchayat;
   • (xv) manner in which, time within which place whereon and the extent to which accounts of the Gram Panchayat and Zilla Panchayat shall be examined and audited;
   • (xvi) manner in which and time within which the matter shall be referred to the State Government under sub-section
7. (2) of section 83;
   • (xvii) manner in which a certificate of the amount due and a copy of reasons thereof shall be sent under sub-section
8. (3) of section 84; (xviii) manner of superintendence, direction and control and the conduct of election of members of Gram Panchayat;
   • (xix) manner in which, time within which and the authority to whom the application for questioning the election shall be presented under sub-section
9. (1) of section 102;
   • (xx) particulars to, be furnished under sub-section
10. (3) of section 102;
    • (xxi) powers and authority that shall be exercised by the authority under sub-section
11. (4) of section 102;
    • (xxii) matters which are to be and may be prescribed.