Chapter II Chapter II

Constitution of Gram

1. (1) Subject to the consideration of local conditions, the State Government may, by notification, declare for the purposes of this Act any village or part of a village or a group of adjoining villages or parts thereof to be a Gram.
2. (2) As soon as may be after the constitution of a Gram under sub-section (I), the State Government may, by notification, divide each Gram into wards and each ward shall, as far as possible, comprise of a Revenue Block.
3. (3) The State Government may, by notification, specify the number of members to be elected from .each Revenue Block having regard to. the number of voters in such Revenue Block and such other facts as the State Government may consider fit.
4. (4) The notification under sub-section
   • (I) shall specify the name of the Gram by which the Panchayat shall be known and shall specify the local limits of such Panchayat.
5. (5) The State Government may, after making such enquiry as it may think fit and after obtaining the views of the Gram 'Panchayat' or Panchayats concerned by notification
   • (a) exclude from any Gram any area comprised therin, or
   • (b) include in any Gram any area adjoining to such Gram
   • (c) divide the area of a Gram so as to constitute two or more Grams; or
   • (d) unite the' areas of two or more Grams so as to constitute a new Gram.

1. (1) When an area is excluded from a Gram under clause
   • (a) of sub-section
2. (3) of section 3, such area shall, as from the date of the notification referred to in that sub-section, cease to be subject to the jurisdiction of the Gram Panchayat of that Gram and, unless the State Government otherwise directs, all rules, orders, directions and notifications in force in that Gram shall also cease to apply to the area so excluded.
3. (2) When an area is included in a Gram under clause
   • (b) of sub-section
4. (3) of section 3, the Gram Panchayat for that Gram shall, as from the date of the notification referred to in that sub-section have jurisdiction over such area and, unless the State Government otherwise directs, all rules, orders, directions and notifications in force in that Gram shall apply to the area so included.
5. (3) When the area of any Gram is divided under clause
   • (c) of sub-section
6. (3) of section 3 so as to constitute two or more Grams the Gram Panchayat of that Gram shall, as from the date of ,the notification referred to in that sub-section, cease to exist and there shall be reconstitution of the Gram Panchayats for the newly constituted Grams in accordance with the provisions of this Act.
7. (4) When the areas of two or more Grams are united under clause
   • (d) of sub-section
8. (3) of section 3 so as to constitute a new Gram, the Gram Panchayats of the said Grams shall, as from the date of the notification referred to in that sub-section, cease to exist and a separate Gram Panchayat shall be constituted for the new Grams in accordance with the provisions of this Act,
9. (5) When under sub-section
10. (3) of section 3 any area is excluded from, or included in, a Gram or a Gram is divided so as to constitute two or more Grams, or two or more Grams are united to constitute a new Gram, the properties, funds and liabilities of the Gram Panchayat or Panchayats affected by such reconstitution shall vest in such Gram Panchayat or Panchayats in accordance with such allocation as may be determined by order in writing by the prescribed authority, and such determination shall be final.
11. (6) An order made under sub-section
12. (5) may contain such supplemental, incidental and consequential provisions as may be necessary to give effect to such reconstitution.

1. (1) If, at any time, the whole of the area of a Gram is included within the Municipal Corporation under the provisions of the Gangtok Municipal Corporation Act. 1975 or in a Bazar Area under the Bazar Committees Act, 1969; or a Cantonment Area, the Gram Panchayat concerned shall cease to exist and the properties, funds and other assets vested in such Gram Panchayat and all the rights and liabilities of such Gram Panchayat shall vest in, and devolve on, the Municipal Corporation or on the Bazar Committee or on the Cantonment Authority or Board, as the case may be.
2. (2) If, at any time, a part of the area of a Gram is included in a Municipal Corporation under the provisions of the Gangtok Municipal Corporation Act, 1975 or in a Bazar Area under the Bazar Committees Act, 1969; or a Cantonment Area, the area of the Gram shall be deemed to have been reduced to the extent of the part so included within the Municipal Corporation or in a Bazar Area or Cantonment Area, and the properties, funds,. rights and liabilities of the Gram Panchayat concerned in respect of the part so included shall vest in, and devolve on, the Municipal Corporation or on the Bazar Committee or on the Cantonment Authority or Board, as the case may be, in such manner as may be determined by the prescribed authority and such determination shall be final, and unless the State Government otherwise directs all rules, orders, directions and notifications in force in the areas comprised in the Municipal Corporation, Bazar Area or Cantonment Area, as the case may be, shall apply to the part of the area of the area of the Gram so included.

1. (1) As soon as may be after the constitution of the Gram, the State Government may, by notification, constitute for every Gram a Panchayat bearing the name of the Gram.
2. (2) Persons whose names are included in the electoral roll of the Sikkim Legislative Assembly for the time being in force pertaining to the area comprised in the Gram shall elect by secret ballot at such time and in such manner as may be notified by the State Government from among themselves such number of members not being less than five and not more than nine as may be determined by the State Government: Provided that the total number of members of the Gram Panchayat including nominated members shall not exceed nine.
3. (3) (* * * * * *) * * *
4. (4) Where a Gram has failed to elect the full number of members as determined under sub-section
5. (2) , it shall be called upon to elect the remaining member but if it again fails to elect. the full number, it shall be lawful for the State Government to fill up any seat remaining vacant by nomination from amongst the members of the Gram, and any person, so nominated shall, for the purposes of this Act, be deemed to have been duly elected.
6. (5) The term of office of the members of -Gram Panchayat shall, subject to the provisions of section 22, be co-terminus with the term of the Gram Panchayat

1. (1) Every Gram Panchayat.shall be a body corporate having perpetual succession! and' a, common seal and shall, by its corporate name. sue and be sued.
2. (2) A Gram Panchayat shall have power to acquire, hold and dispose of property and to enter into contract:

Term of members of Gram Panchayat

1. (1) The term of a Gram Panchayat, unless sooner dissolved, shall be five years from the date of its constitution as specified in the Official Gazette: Provided that the term of a Gram panchayat which is constituted after the constitution of other Gram panchayats in a regular election, shall expire with the expiration of five year term of other Gram Panchayats: Provided further that the State Government may, where it is not possible to hold elections for the constitution of new Gram panchayat immediately after the expiry of the term, by notification, extend the term for a period not exceeding six months at a time subject to a maximum period of one year or appoint any authority, person or persons to exercise and perform, subject to such conditions as may be specified in the order, the powers and functions of the Gram panchayat, under this Act until the constitution of new Gram panchayat.
2. (2) When a new Gram panchayat is thus duly constituted the old Gram panchayat shall stand dissolved.

1. (1) A person shall not be qualified to be a member of a Gram panchayat, if
   • (a) he is a member of a municipal corporation under the provisions of the Gangtok Municipal Corporation Act, 1975, or of a Bazar Committee constituted under the Sikkim Bazar Committees Act, 1969;
   • (b) holds any office of profit under the State Government or the Central Government or a local authority or a co-operative society or a Government, company or corporation owned or controlled by the Central or a State Government; or
   • (c) has been dismissed from the service of a State Government or the Central Government or a local authority or a co-operative society or a Government Company or Corporation owned or controlled by the Central or a State Government for misconduct: or
   • (d) is of unsound mind and stands so declared by a competent Court; or
   • (e) is an undischarged insolvent; or
   • (f) has been convicted by a Court of an offence involving moral turpitude and sentenced to imprisonment for a term exceeding six months; or
   • (g) is convicted of an election offence; or
   • (h) is suffering from a variety of leprosy which is infectious; or
     • (i) has not paid any arrears in respect of any tax or rate or fee payable to a Gram Panchayat or Zilla Panchayat or the State Government: Provided that the disqualification under this clause shall cease upon payment of the tax or rate or fee; or
   • (j) has directly or indirectly by himself or by his partner or employer or an employee, any share or interest in any contract with, by or on behalf of Zilla Panchayat or a Gram Panchayat within the district: Provided that a person shall not be deemed to have incurred disqualification by reason of his having a share or interest in any public company or registered co-operative society which contracts with or is employed by a Gram Panchayat or the Zilla Panchayat of the District.
2. (2) Any disqualification under clauses (c), (e),
   • (f) or
   • (g) may be removed by the State Government by order in writing.

Every Gram Panchayat shall, at its first meeting at which a quorum is present, elect in the prescribed manner, one of its members to be the Sabhapati and another member to be the Up-Sabhapati of the Gram Panchayat.

(1)

1. (2) The Sabbapati and Up-Sabhapati shall, subject to the provisions of section 20 and to their continuing as members, hold office for a period of five years: Provided that a Sabhapati or an Up-Sabhapati shall continue to hold office after the expiry of the said period until a new Sabhapati or Up-Sabhapati is elected and assumes office or until an authority, or a person or persons is or are appointed under the second proviso to sub-section
   • (I) of section 8.
2. (3) When
   • (a) the office of the Sabhapati falls vacant by reason of death, resignation, removal or otherwise; or
   • (b) the Sabhapati is, by reason of leave, illness or other cause, temporarily unable to act, the Up-Sabhapati shall exercise the powers, perform the functions and discharge the duties of the Sabhapati until a new Sabhapati is elected and assumes office or until the Sabhapati resumes his duties, as the case may be.
3. (4) When
   • (a) the office of the Up-Sabhapati falls vacant by reason of death, resignation, removal or otherwise or
   • (b) the Up-Sabhapati is, by reason of leave, illness or other cause, temporarily unable to act, the Sabhapati shall exercise the powers, perform the functions and discharge the duties of the Up-Sabhapati until a new Up-Sabhapati is elected and assumes office or until the Up-Sabhapati resumes his duties, as the case may be.
4. (5) When the office of the Sabhapati and the Up-Sabhapati are both vacant, or the Sabhapati and the Up-Sabhapati are temporarily unable to act, the prescribed authority, may appoint a Sabhapati and an Up-Sabhapati from among the members of the Gram Panchayat to act as such until a Sabhapati and an Up..Sabhapati are elected and assume office.

Every election or nomination of a Sabhapati, Up-Sabhapati, Sachiva and members of Gram Panchayat, as the case may be, shall be published by the State Government in the Official Gazette and such persons shall enter upon their respective offices from the date of such publication: Provided that if no such publication has been made the Sabhapati, Up-Sabhapati, Sachiva and members shall be deemed to have entered upon their respective offices from the date of declaration of result of their election or nomination, as the case may be.

1. (1) Notwithstanding of any vacancy in the membership of the Gram Panchayat, the prescribed authority shall, immediately after but before the expiration of thirty days from the date of publication of the notification under section 11, call a meeting of the Gram Panchayat members (which meeting shall be called the first meeting of the Gram Panchayat) for electing the Sabhapati, Up-Sabhapati and the Sachiva of the Gram Panchayat from amongst themselves
2. (2) The meeting to be held under sub-section
3. (1) shall be convened by the prescribed authority in the prescribed manner.

1. (1) Every Gram Panchayat shall hold a meeting for transaction of its business at least once in every month at the office of the Gram Panchayat or at such place within the local limits of the Gram Panchayat concerned and at such time as the Sabhapati of the Gram Panchayat may decide.
2. (2) The Sabhapati may, whenever, he thinks fit, in the public interest or shall upon receipt of a written requisition of not less than one half of the total number of members of the Gram Panchayat or if directed by the Secretary of the Rural Development Department or the Deputy Development Officer-cum-Planning Officer or the District Collector of the concerned district, call a special meeting of the Gram Panchayat within a period of ten days from the date of receipt of the requisition or direction, as the case may be: Provided that if the Sabhapati fails to call such special meeting within the specified period from the date of receipt of the requisition or direction, as the case may be, the Secretary of the Rural Development Department or Deputy Development Officer cum-Planning Officer or the District Collector of the concerned district may direct the Sachiva or any member of the Gram Panchayat to call such meeting at such time and at such place within the local limits of the Gram Panchayat concerned as the, Sachiva or the member directed to call the meeting may decide.
3. (3) Two-third of the total number of members constituting the Gram Panchayat shall form a quorum for a meeting of the Gram Panchayat: Provided that no quorum shall be necessary for an adjourned meeting.
4. (4) The Sabhapati or in his absence, the Up-Sabhapati shall preside at the meeting of the Gram Panchayat and in the absence of both, the members present shall elect one from amongst themselves to preside at the meeting.
5. (5) All questions coming before a Gram Panchayat shall, unless otherwise specifically provided under this Act be decided by a majority of votes of the members present and voting: Provided that in case of equality of votes the person presiding shall have a second or a casting vote.
6. (6) No member shall vote on, and take part in the discussions of, and question coming up for consideration at a meeting of a Gram Panchayat if the question is one in which he has any direct or indirect pecuniary interest other than an interest as a member of public.
7. (7) If it appears to any member present at a meeting that the person presiding at the meeting has any such pecuniary interest in any matter before the meeting for discussion or any Question coming up for consideration as if referred to in sub-section
8. (6) and a motion brought by him to that effect is carried, such a person shall not preside at such meeting and shall not; take part therein, and for the purpose of sub-section
9. (4) such person shall be deemed to be absent during :the discussions or consideration of the particular matter.

No matter once finally disposed of by the Gram Panchayat shall be reconsidered by it within the period of six months unless the recorded consent of not less than one-half of its total number of members has been obtained thereto.

1. (1) A list of the business to be transacted at every meeting of a Gram Panchayat except at an adjourned meeting, shall be sent to each member of the Gram Panchayat at least seven days before the time fixed for such meeting and no business shall be brought before or transacted at any meeting, other than the business for which notice has been so given except with the approval of the majority of the members present at such meeting: Provided that non receipt of a notice by a member shall not vitiate the proceedings of the meeting: Provided further that if the Sabhapati thinks that a situation has arisen for which an emergent meeting of the Gram Panchayat should be called, he may call such meeting at such time and at such place within the local limits of the Gram Panchayat concerned after giving three days' notice to the members: Provided also that not more than one matter shall be included in the list of business to be transacted at such meeting.
2. (2) The business of the Gram Panchayat shall be transacted in the language commonly spoken and understood by the members.
3. (3) Minutes of the proceedings at each meeting of the Gram Panchayat shall be recorded in a book to be kept for this purpose and shall be read and signed by the Sabhapati of the meeting before the meeting disperses.
4. (4) The Sachiva of the Gram Panchayat shall, within a week after a meeting of the Gram Panchayat is held, send copies of minutes of every such meeting to the Secretary of the Rural Development Department and the Deputy Development Officer-cum-Planning Officer of the concerned district.

1. (a) The Sabhapati shall regulate the meetings of the Gram Panchayat;
2. (b) be responsible for the maintenance of records and registers of the Gram Panchayat;
3. (c) exercise supervision and control over the acts done and action taken by the members of the Gram Panchayat and such officers and other employees whose services may be placed at the disposal of the Gram Panchayat by the State Government;
4. (d) operate jointly with the Sachiva of the Gram Panchayat the fund of the Gram Panchayat including authorization of payment, issue of cheques and refunds;
5. (e) issue receipts under his signature for money received by him on behalf of the Gram Panchayat;
6. (f) cause preparation of all statements and reports required by or under this act;
7. (g) exercise such other powers, perform such other functions and discharge such other duties as the Gram Panchayat may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.

1. (a) The Up-Sabhapati shall in the absence of the Sabhapati regulate the meetings of the Gram Panchayat;
2. (b) exercise such of the powers and perform such other functions and discharge such of the duties of the Sabhapati as the Sabhapati may, from time to time, delegate to him by order in writing: Provided that the Sabhapati may at any time withdraw all or any of the powers, functions and duties so delegated to the Up-Sabhapati;
3. (c) during the absence of the Sabhapati, exercise all the powers, perform all the functions and discharge all the duties of the Sabhapati.

The member of a Gram Panchayat at any of the meeting may move resolution and put questions to the Sabhapati or Up-Sabhapati or the Sachiva, as the case may be, on matters connected with the administration of the Gram Panchayat or execution of any work or scheme undertaken by or entrusted to such Gram Panchayat.

A Sabhapati or an Up-Sabhapati or a member of a Gram Panchayat may resign his office notifying in writing his intention to do so to the prescribed authority and on such resignation being accepted the Sabhapati or the Up-Sabhapati or the member shall vacate his office and the casual vacancy shall be deemed to have occurred in such office: (1) Provided that a person tendering resignation may withdraw his resignation before it is accepted by the prescribed authority.

1. (2) When the resignation is accepted under sub-section (1), the prescribed authority shall communicate it to the members of the Gram Panchayat within a period of thirty days of such acceptance.

A Sabhapati or an Up-Sabhapati of a Gram Panchayat may, at any time, be removed from office by a resolution of the Gram Panchayat carried by the majority of the members of the Gram Panchayat present at a meeting specially convened for the purpose. Notice of such meeting shall be given to the prescribed authority: Provided that at any such meeting while any resolution for the removal of

1. (i) the Sabhapati from his office is under consideration; or
2. (ii) the Up-Sabhapati from his office is under consideration, he shall not, though present, preside at such meeting and the provisions of sub-section

1. (4) of section 13 shall apply in relation to any such meeting as they apply in relation to a meeting from which the Sabhapati or, as the case may be, the Up-Sabhapati, is absent.

1. (1) In the event of removal of a Sabhapati or an Up-Sabhapati under section 20 or when a vacancy occurs in the office of a Sabhapati or an Up-Sabhapati by resignation, death or otherwise, the Gram Panchayat shall elect another Sabhapati or Up-Sabhapati. The person so elected shall take office forthwith and shall hold such office for the unexpired term of office of his predecessor.
2. (2) No person who has been removed from office under section 20 shall be eligible for re-election to the vacancy so caused.

1. (1) The prescribed authority may; after giving an opportunity, to a member of a Gram Panchayat to show cause against the action proposed to be taken against him, by order remove him from office if
   • (a) after his election he is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for a period of more than six months; or:
   • (b) he was disqualified to be a member of the Gram Panchayat at the time of his election; or
   • (c) he incurs, any of the disqualifications mentioned in clauses (b), (c), (d), (e), (f), (g), (h),
     • (i) or
   • (j) of section 9, after his election as a member of the Gram Panchayat; or
   • (d) he is absent from three consecutive meetings of the Gram Panchayat without the leave of the Gram Panchayat.
2. (2) Any member of a Gram Panchayat who is removed from his office by the prescribed authority under sub-section
3. (1) may, within a period of thirty days from the date of the order, appeal to such authority as the State Government may appoint in this behalf, and, thereupon, the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the prescribed authority, and after giving the appellant an opportunity of being heard, modify, set aside or confirm the order.
4. (3) The order passed by such authority on such appeal shall be final.

1. (1) If the office of a member of a Gram Panchayat becomes vacant by reason of his death, resignation removal or otherwise, such vacancy shall be filled in by election, of another person under this Act. The person elected shall take office forthwith and, shall hold such office for the un-expired term of office of his predecessor: Provided that no election for filling in of a casual vacancy shall, be held if the vacancy occurs within a period of three months preceding the date on which the term of office of the person concerned expires.
2. (2) No person who has been removed from his office under section 22, shall be eligible for re-election to the vacancy so caused.

1. (1) Every Gram Panchayat shall, at its first meeting at which a quorum is present, elect one of its members to be Sachiva or the Gram Panchayat: Provided that no member who is not able to read or write any of the official languages of the State shall be qualified to be elected as a Sachiva: Provided further that where no such person as referred to in the first proviso is available, the Gram Panchayat may appoint any person including persons in Government service with prior approval of the State Government and such person may be paid such honorarium as the State Government may determine.
2. (2) The Sachiva of the Gram Panchayat so elected shall assist the Sabhapati or the Up-Sabhapati, as the case may be, of the Gram Panchayat in due maintenance of the Gram Panchayat office and for proper organization and execution of rural development schemes and shall be directly answerable to the members of the Gram Panchayat.
3. (3) The Sachiva shall be in charge of office of the Gram Panchayat and shall exercise such powers and perform such other functions and discharge such other duties as the Gram Panchayat may, by general or special resolution, direct or the State Government may, by rules made in this behalf, prescribe.
4. (4) The term of office of the Sachiva shall, subject to the provisions of section 26, be co-terminus with the term of the Gram Panchayat.

1. (1) A Sachiva of a Gram Panchayat may resign his office by notifying in writing his intention to do so to the prescribed authority and on such resignation being accepted the Sachiva shall vacate his office and the casual vacancy shall be deemed to have occurred in such office: Provided that a person tendering resignation may withdraw his resignation before it is accepted.
2. (2) When the resignation is accepted under sub-section (1), the prescribed authority shall communicate it to the members of the Gram Panchayat within a period of thirty days of such acceptance.

1. (1) A Sachiva may, at any time, be removed from office by a resolution of the Gram Panchayat carried by the majority of the members of the Gram Panchayat present at a meeting specially convened for the purpose. Notice of such meeting shall be given to the prescribed authority.
2. (2) In the event of removal of a Sachiva under sub-section
3. (1) or when a vacancy occurs in the office of a Sachiva by resignation, death or otherwise, the Gram Panchayat shall elect one of its members to be the Sachiva. The person so elected shall take office forthwith and shall hold such office for the un-expired term of office of his predecessor.
4. (3) No person who has been removed from his office under sub-section
5. (1) shall be eligible for re-election to the vacancy so caused.