Chapter V Chapter V

Constitution of Zilla Panchayat

1. (1) For every district the State Government shall, by notification in the Official Gazette. constitute a Zilla Panchayat bearing the name of the district.
2. (2) A Zilla Panchayat shall consist of the following members, namely:
   • (a) Sabhapati of the Gram Panchayat within the district, ex-officio;
   • (b) Chairmen of the Municipal Corporations;
   • (c) Members of the Legislative Assembly of the State elected from a constituency comprising the district or any part thereof, ex-officio;
   • (d) A member elected by each Bazaar Committee declared as such under the provisions of the Bazar Committees Act, 1969.

1. (1) The term of Zilla Panchayat. unless sooner dissolved, shall be five: years from the date of its constitution: Provided that the term of a Zilla Panchayat which is constituted after the constitution of other Zilla Panchayat in a regular election, shall expire with the expiration of five year term of other Zilla Panchayats: Provided further that the State Government may, where it is not possible to hold elections for the constitution of new Zilla Panchayats immediately after the expiry of the term, by notification, extend the said 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 Zilla Panchayats under this Act until the constitution of new Zilla Panchayats.
2. (2) When a new Zilla Panchayat is thus duly constituted the old Zilla Panchayat shall stand dissolved.

1. (1) Every Zilla 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 Zilla Panchayat shall have power to acquire, hold and dispose of property and to enter into contract:

Adhakshya and Upadhakshya

1. (1) Every Zilla Panchayat, shall, at its first meeting at which a quorum is present, elect in such manner as the State Government may, by notification, specify, one of its members to be the Adhakshya and another member to be the Upadhakshya of the Zilla Panchayat: Provided that the members referred to in clauses
   • (b) and
   • (c) of sub-section
2. (2) of section 42 shall not be eligible for such election.
3. (2) The Adhakshya and Upadhakshya shall, subject to the provisions of section 55 and to their continuing as members, hold office for a period of five years: Provided that an Adhakshya or an Upadhakshya shall continue in office after the expiry of the said period until a new Adbakshya or Upadbakshya 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
4. (1) of section 43.
5. (3) When
   • (a) the office of the Adhakshya falls vacant by reason of death, resignation, removal or otherwise; or
   • (b) the Adhakshya is. by reason of leave, illness or other cause, temporarily unable to act, the Upadhakshya shall exercise the powers, perform the functions and discharge the duties of the Adhakshya until a new Adbakshya is elected and assumes office or until the Adhakshya resumes his duties, as the case may be. (4)
   • (a) When the office of the Upadhakshya falls vacant by reason of death, resignation. removal or otherwise; or
   • (b) the Upadhakshya is, by reason of leave, illness or other cause, temporarily unable to act, the Adhakshya shall exercise the powers, perform the functions and discharge the duties of the Upadhakshya until a new Upadhakshya is elected and assumes office or until the Upadhakshya resumes his duties, as the case may be.
6. (5) When the offices of the Adhakshya and the Upadhakshya are both vacant or, the Adhakshya and the Upadhakshya are temporarily unable to act, the prescribed authority may appoint an Adhakshya and an Upadhakshya from among the members of the Zilla Panchayat to act as such until an Adhakshya or an Upadhakshya are elected and assume office or resume his duties, as the case may be.

Every election or nomination of an Adhakshya or an Upadhakshya and members of a Zilla 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.

First meeting of the Zilla Panchayat

1. (1) Notwithstanding any vacancy in the membership of the Zilla Panchayat, the prescribed authority shall as soon as may be (but before the expiration of thirty days from the date of publication of the notification under section 46) call a meeting of the members of a Zilla Panchayat at such place and at such time as he may fix for electing an Adhakshya and Upadhakshya.
2. (2) The meeting to be held under sub-section
3. (1) shall be called the first meeting of the Zilla Panchayat and may be convened by the prescribed authority in such manner as it may determine.

Meetings of Zilla Panchayat

1. (1) Every Zilla Panchayat shall hold a meeting for transaction of its business at least once in every two months at the office of the Zilla Panchayat or at such place within the local limits of the district concerned and at such time as the Adhakshya of the Zilla Panchayat may fix.
2. (2) The Adhakshya may, whenever he thinks fit in the public interest or shall upon a written requisition of not less than one half of the total number of members of the Zilla Panchayat or if directed by the Secretary of the Rural Development Department or the Deputy Development Officer-cum-Planning Officer of the concerned district, call a special meeting of the Zilla 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 Adhakshya fails to call such special meeting within the specified period from the date of receipt of requisition or direction, as the case may be, the Secretary of the Rural Development Department or the Deputy Development Officer-cum-Planning Officer of the concerned district may direct any member of the Zilla Panchayat to call such meeting which shall be held at such time and in such place within the local limits of the district concerned as the member of the Zilla Panchayat directed to call the meeting may fix.
3. (3) Two-third of the total number of members shall form a quorum for a meeting of the Zilla Panchayat: Provided that no quorum shall be necessary for an adjourned meeting.
4. (4) The Adhakshya or in his absence, the Upadhakshya shall preside at the meeting of the Zilla Panchayat; and in the absence of both, the members present shall elect one member from amongst themselves to preside at the meeting.
5. (5) All questions coming before a Zilla 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 casting vote.
6. (6) No member shall vote on and take part in the discussion of any question coming up for consideration at a meeting of a Zilla Panchayat if the question is one in which he has any direct or indirect pecuniary interest other than an interest as a member of the 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 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 purposes of sub-section
9. (4) such person shall be deemed to be absent during the discussion or consideration of the particular matter.

Reconsideration of questions disposed of by Zilla Panchayat No subject once finally disposed of by the Zilla Panchayat shall be reconsidered by it within six months unless the recorded consent of not less than one half of members has been obtained there for.

List of business to be transacted at a meeting

1. (1) A list of the business to be transacted, at every meeting of a Zilla Panchayat except at an adjourned meeting, shall be sent to each member of the Zilla 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 of 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 a meeting: Provided further that if the Adhakshya thinks that a situation has arisen for which an emergent meeting of the Zilla Panchayat should be called, he may call such meeting after giving three days notice to then members: Provided also that not more than one matter shall be included in the list of business to be transacted at the meeting called under the second proviso.
2. (2) The business of the Zilla Panchayat shall be transacted in the language spoken and understood by the members.
3. (3) Minutes of the proceedings of each meeting of the Zilla Panchayat shall be recorded in a book to be kept for this purpose and shall be read out and signed by the Adhakshya of the meeting before the meeting disperses.
4. (4) The Sachiva of a Zilla Panchayat shall, within a week after a meeting of the Zilla Panchayat send copies of minutes of every such meeting to the Deputy Development Officer-cum-Planning Officer and the Secretary.

Powers and duties of Adhakshya The Adhakshya shall:

1. (a) regulate the meetings of the Zilla Panchayat;
2. (b) be responsible for the maintenance of record and registers of the Zilla Panchayat;
3. (c) exercise supervision and control over the act done and action taken by the members of the Zilla Panchayat and such officers and such other employees whose services may be placed at the disposal of the Zilla Panchayat by the State Government;
4. (d) operate jointly with the Sachiva of the Zilla Panchayat the Fund of the Zilla Panchayat including authorization of payment, issue of cheques and refunds;
5. (e) issue receipts under his signature for sums of money received by him for and on behalf of the Zilla 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 Zilla Panchayat may, by general or special resolution, direct or as the State Government may, by order specify: Provided that the Adhakshya shall not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed or discharged by the Zilla Panchayat at a meeting.

Powers and duties of Upadhakshya The Upadhakshya shall

1. (a) in the absence of the Adhakshya, preside over and regulate the meetings of the Zilla Panchayat;
2. (b) exercise such of the powers, perform such of the functions and discharge such of the duties of the Adhakshya as the Adhakshya may, from time to time, delegate to him by order in writing: Provided that the Adhakshya may at any time withdraw all or any of the powers, functions and duties so delegated to the Upadhakshya;
3. (c) during the absence of the Adhakshya, exercise all the powers, perform all the functions and discharge all the duties of the Adhakshya.

Right of individual members At a meeting of a Zilla Panchayat, a member may move any resolution and put questions to the Adhakshya or Upadhakshya, as the case may be, on matters connected with the administration of Zilla Panchayat or execution of rural works or schemes entrusted to or undertaken by such Zilla Panchayat.

Resignation of Adhakshya and Upadhakshya or a member

1. (1) An Adhakshya, or an Upadhakshya or a member of a Zilla 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 Adhakshya or the Upadhakshya or the member shall vacate his office and 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 Zilla Panchayat within thirty days of such acceptance.

Removal of Adhakshya and Upadhakshya

1. (1) An Adhakshya or an Upadhakshya may, at any time, be removed from office by a resolution of the Zilla Panchayat passed by the majority of the members of the Zilla Panchayat present and voting 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 passing any resolution for the removal of
   • (i) the Adhakshya from his office is under consideration; or
   • (ii) the Upadhakshya from his office is under consideration, he shall not, though he is present, preside at such meeting and the provisions of sub-section
2. (4) of section 48 shall apply in relation to every such meeting as they apply in relation to a meeting from which the Adhakshya or, as the case may be, the Upadhakshya is absent.
3. (2) No person who has been removed from his office under sub-section
4. (1) shall be eligible for re-election to the vacancy so caused.

In the event of removal of an Adhashya or an Upadhakshya under section 55 or when a vacancy occurs in the office of the Adhakshya or Upadhakshya by resignation, death or otherwise the Zilla Panchayat shall elect another Adhakshya or Upadhakshya, as the case may be.

Removal of member of Zilla Panchayat

1. (1) The prescribed authority may, after giving opportunity to a member of a Zilla Panchayat other than an ex-officio member 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 Zilla Panchayat at the time of his election; or
   • (c) he incurs any of the disqualifications mentioned in clauses (b), (c), (d), (e), (g), (h), or
   • (j) of section 9 after his election as a member of the Zilla Panchayat; or
   • (d) he is absent from three consecutive meetings of the Zilla Panchayat without the leave of the Zilla Panchayat provided he is not an ex-officio member of the Zilla Panchayat.
2. (2) Any member of a Zilla Panchayat who is removed from his office by the prescribed authority under sub-section
3. (1) may, within 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.
5. (4) If a member of a Zilla Panchayat referred to in clause
   • (c) of sub-section
6. (2) of section 42 ceases to be the member of the Legislative Assembly of the State he shall cease to be the member of the Zilla Panchayat and the newly elected person shall become the member of the Zilla Panchayat.

If the office of a member of a Zilla 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 so elected shall take office forthwith and shall hold such office for the unexpired 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.

1. (1) There shall be a Sachiva for a Zilla Panchayat appointed by the State Government on such terms and conditions as may be prescribed: Provided that any person so appointed shall be recalled by the State Government if a resolution to that effect is passed by the Zilla Panchayat, at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being.
2. (2) The Sachiva shall also supervise all records of every Gram Panchayat falling under the jurisdiction of a Zilla Panchayat of a concerned district.
3. (3) The Sachiva shall be in charge of the office of the Zilla Panchayat and shall discharge such duties and perform such functions as may be prescribed.