The BIHAR PANCHAYAT RAJ ACT, 2006

bihar · 2006

The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.

S. 1Short title, extent and commencement — (i) This Act may be called the Bihar Panchayat Raj Act, 2006
S. 2Section defines key terms used in the Bihar Panchayat Raj Act, 2006, including roles and local administrative areas.
S. 3The section mandates that the Gram Sabha in Bihar must meet at least every three months.
S. 4Section outlines the process for convening and conducting Gram Sabha meetings, with responsibilities for the Mukhiya and role of the Executive Officer.
S. 5Quorum — (1) The Quorum for a meeting shall be one-twentieth of the total members of the Gram Sabha
S. 6For compensation for wrongfully taking or injuring a movable property
S. 7Section 7 outlines matters for Gram Sabha consideration, including financial statements, budgets, development programs, and vigilance reports.
S. 8Section 8 mandates that resolutions in Gram Sabha meetings require a majority vote for approval.
S. 9Section 9 outlines the functions of the Gram Sabha in implementing village development schemes and community welfare programs.
S. 10Section 10 establishes veterinary hospitals, mobile labs, farms, cold storage, and fodder programs to promote animal husbandry and dairy farming.
S. 11Section 11 declares and can alter Gram Panchayat areas, and the State Election Commission can review their legality.
S. 12Section 12 outlines the composition and election process for members of a Gram Panchayat in Bihar.
S. 13Section 13 reserves up to 50% of Gram Panchayat seats for Scheduled Castes, Scheduled Tribes, and Backward Classes, with additional reservations for women from these groups.
S. 14Section 14 of the Bihar Panchayat Raj Act, 2006, outlines the five-year term and dissolution procedures for Gram Panchayats.
S. 15Section 15 details the direct election and succession process for Mukhiya and Up-Mukhiya in Gram Panchayats in Bihar.
S. 16Section 16 states that the term of office for Mukhiya and Up-Mukhiya ends when their term as Gram Panchayat members expires.
S. 17Section 17 outlines the powers, functions, and duties of the Mukhiya and Up-Mukhiya in the Gram Panchayat, including presiding over meetings and financial administration.
S. 18Section 18 outlines the resignation and removal procedures for Mukhiya and Up-Mukhiya in Bihar Panchayat Raj.
S. 19Section 19 allows a Gram Panchayat member to resign in writing, with their position becoming vacant after seven days unless they withdraw the resignation.
S. 20Section 20 outlines the meeting requirements for Gram Panchayats in Bihar, including regular and special meeting scheduling and notice provisions.
S. 21Quorum and Procedure — (1)The quorum for a meeting of the Gram Panchayat shall be half of the total number of members
S. 22Section 22 of the Bihar Panchayat Raj Act outlines the various functions of Gram Panchayats, including development planning, agriculture, animal husbandry, and rural housing.
S. 23Section 23 assigns various management and revenue collection functions to Gram Panchayats in Bihar.
S. 24Section 24 grants the Gram Panchayat general powers to perform necessary acts for its assigned functions.
S. 25Section 25 establishes standing committees in Gram Panchayats for specific functions like planning, agriculture, social justice, education, and public health.
S. 26Section 26 grants Gram Panchayats power to manage and control specified local properties and requires government approval for immovable property disposal.
S. 27Section 27 authorizes Gram Panchayats to levy taxes and fees for local services and infrastructure.
S. 28Section 28 provides that Panchayats receive financial aid from the state's consolidated fund as recommended by the State Finance Commission.
S. 29Section 29 mandates Gram Panchayats to prepare and approve annual budgets for the next financial year.
S. 30Accounts
S. 31Audit
S. 32Staff of Gram Panchayat
S. 33Section 33 establishes a Gram Raksha Dal for village watch and ward duties, including emergencies and public peace maintenance.
S. 34Section 34 establishes Panchayat Samitis for each block, granting them corporate status and authority over the block except areas under municipalities or cantonment boards.
S. 35Section 35 allows the State Government to declare and manage blocks within a district.
S. 36Section 36 outlines the composition of the Panchayat Samiti, including elected members, representatives from higher assemblies, and village heads.
S. 37Section 37 outlines the election of members to a Panchayat Samiti, specifying population ratios and constituency divisions.
S. 38Section 38 reserves up to 50% of Panchayat Samiti seats for Scheduled Castes, Tribes, and Backward Classes, with specific allocations and rotation for women.
S. 39Section 39 of the Bihar Panchayat Raj Act, 2006, outlines the five-year term for Panchayat Samitis and election procedures for their renewal or reconstitution.
S. 40Section 40 of the Bihar Panchayat Raj Act, 2006 outlines the election process for the Pramukh and Up-Pramukh and mandates reservation of seats for Scheduled Castes, Tribes, and Backward Classes.
S. 41Section 41 prescribes allowances for the Pramukh, Up-Pramukh, and other Panchayat Samiti members.
S. 42Section 42 outlines the powers and duties of the Pramukh in presiding over Panchayat Samiti meetings and overseeing its financial and executive administration.
S. 43Section 43 outlines the powers, functions, and duties of the Up-Pramukh in the Panchayat Samiti in Bihar.
S. 44Section 44 outlines the resignation and removal procedures for Pramukh and Up-Pramukh in Bihar Panchayat Raj.
S. 45An elected member of a Panchayat Samiti can resign by submitting a written resignation to the Pramukh, with their seat becoming vacant after seven days unless they withdraw it.
S. 46Section 46 outlines the meeting regulations for the Panchayat Samiti, including frequency, notice periods, and special meeting requests.
S. 47Section 47 outlines the functions and powers of the Panchayat Samiti, including planning, agriculture, land improvement, and minor irrigation.
S. 48The section allows the government to assign or modify functions to a Panchayat Samiti.
S. 49Section 49 grants the Panchayat Samiti general powers to carry out its functions and delegate powers to officers.
S. 50Section 50 establishes standing committees within Panchayat Samiti for effective governance, specifying their composition and roles.
S. 51Section 51 outlines the specific functions of various standing committees in the Bihar Panchayat Raj, including finance, agriculture, social justice, education, public health, and public works.
S. 52Section 52 outlines the procedures for committees in the Panchayat Samiti, including regulation framing and officer attendance.
S. 53Section 53 grants Panchayat Samiti the power to acquire, hold, and dispose of property, with government approval for immovable property sales.
S. 54Section 54 establishes the Panchayat Samiti Fund, detailing its sources and annual administrative use.
S. 55Section 55 of the Bihar Panchayat Raj Act, 2006 authorizes Panchayat Samitis to levy tolls, fees, and rates for various services and facilities within their jurisdiction.
S. 56Section 56 allows Panchayat Samiti to raise loans and create sinking funds for repayment with state approval.
S. 57Section 57 mandates Panchayat Samiti to prepare and approve its annual budget with quorum of at least fifty percent members.
S. 58Accounts- The Panchayat Samiti shall keep accounts in such form as may be prescribed
S. 59Section 59 mandates the audit of Panchayat Samiti accounts and requires corrective actions on audit findings within three months.
S. 60The section mandates the appointment of an Executive Officer for the Panchayat Samiti and allows for additional staff as needed.
S. 61Section 61 outlines the powers and duties of the Executive Officer in the Panchayat Samiti, including supervision, execution of works, and financial management.
S. 62Section 62 establishes Zila Panchayats in each district with jurisdiction over the entire district excluding areas under municipalities or cantonment boards.
S. 63Section 63 outlines the composition of the Zila Parishad, including elected members, Panchayat Samiti heads, and representatives from Lok Sabha, State Legislative Assembly, Rajya Sabha, and State Legislative Council.
S. 64Section 64 determines the number of directly elected members for Zila Parishad based on district population and divides the area into constituencies for elections.
S. 65Section 65 reserves up to 50% of Zila Parishad seats for Scheduled Castes, Scheduled Tribes, and Backward Classes, with additional reservations for women from these groups.
S. 66Section 66 of the Bihar Panchayat Raj Act, 2006, outlines the five-year term for Zila Parishads and election timelines for their renewal or reconstitution.
S. 67Section 67 of the Bihar Panchayat Raj Act, 2006, outlines the election process for the Adhyaksha and Up-Adhyaksha positions in the Zila Parishad, including seat reservations for Scheduled Castes, Tribes, and Backward Classes.
S. 68Section 68 provides allowances and sitting fees for the Adhyaksha, Upadhyaksha, and Zila Parishad members.
S. 69Section 69 outlines the powers, functions, and duties of the Adhyaksha and Upadhyaksha in the Zila Parishad, including presiding over meetings and financial supervision.
S. 70Section 70 outlines the resignation and removal procedures for the Adhyaksha and Up-adhyaksha in Bihar Panchayat Raj.
S. 71An elected member of Zila Parishad can resign in writing, making their seat vacant after seven days unless they withdraw the resignation.
S. 72Section 72 outlines the meeting schedule, quorum, decision-making, and presiding officer roles for the Zila Parishad in Bihar.
S. 73Section 73 outlines the functions and powers of the Zila Parishad in Bihar.
S. 74Section 74 grants Zila Parishad general powers to incur expenditure, promote health and education, and assist local activities.
S. 75Section 75 allows the government to assign and modify functions to Zila Parishad as needed.
S. 76Section 76 allows the Zila Parishad to delegate its powers to the Chief Executive Officer or other officers.
S. 77Section 77 establishes various standing committees within the Zila Parishad for effective governance, with specific membership and leadership roles.
S. 78Section 78 outlines the specific functions of various standing committees in the Bihar Panchayat Raj, covering areas like finance, agriculture, education, and public health.
S. 79Section 79 outlines the procedures for committees under the Bihar Panchayat Raj Act, including regulation framing and officer attendance.
S. 80Section 80 grants Zila Parishad power to acquire, hold, and dispose of property, with government approval for immovable property disposal.
S. 81Section 81 establishes the Zila Parishad Fund, detailing its sources of income and annual administrative expenditure.
S. 82Section 82 authorizes Zila Parishad to levy tolls, fees for boat registration, sanitary arrangements, fairs, lighting, and water supply, with exemptions for pre-registered vehicles and areas with existing sanitation.
S. 83Section 83 allows Zila Parishad to raise loans with state approval and borrow from government or financial institutions for its objectives.
S. 84Section 84 mandates Zila Parishad to prepare and pass an annual budget with a quorum of at least half its members.
S. 85Accounts - Zila Parishad shall keep its accounts in such manner as may be prescribed
S. 86Section 86 mandates the audit of Zila Parishad accounts by a government-prescribed authority and requires follow-up actions on audit findings.
S. 87Section 87 appoints the Chief Executive Officer for Zila Parishad and outlines staffing and deputation procedures.
S. 88Section 88 outlines the duties and functions of the Chief Executive Officer and other officers in executing Zila Parishad policies and financial management.
S. 89Section 89 mandates individuals to hand over Panchayat-related records to the Chief Executive Officer upon request and allows the officer to recover dues and issue search warrants.
S. 90Section 90 establishes Gram Katchahry for judicial functions in each Gram Panchayat, electing Sarpanch and Panches.
S. 91Section 91 reserves up to 50% of Gram Katchahry Panches' seats for Scheduled Castes, Scheduled Tribes, and Backward Classes, with additional reservations for women from these groups.
S. 92Section 92 of the Bihar Panchayat Raj Act, 2006, outlines the five-year term and election completion timelines for Gram Katchahry.
S. 93Section 93 details the election and vacancy procedures for Sarpanch and Up-Sarpanch positions in Bihar Gram Panchayats.
S. 94Section 94 appoints a secretary and Nyaya Mitra for Gram Katchahry and mandates training for local officials.
S. 95Section 95 states the term of office for Sarpanch and Up-Sarpanch ends when their term as Gram Katchahry member expires.
S. 96Section 96 outlines the powers and functions of the Sarpanch and Up-Sarpanch in Bihar Panchayat Raj, including presiding over Gram Katchahry and handling legal cases.
S. 97Section 97 details the resignation and removal processes for Sarpanch and Up-Sarpanch in Bihar Panchayat Raj.
S. 98Section 98 allows a Panch in a Gram Katchahry to resign in writing, making the office vacant after seven days unless the resignation is withdrawn.
S. 99Section 99 outlines the process for filling casual vacancies of Panches in Bihar Panchayats.
S. 100Section 100 prohibits Sarpanch, Up-Sarpanch, and Panches from participating in proceedings where they have a personal interest.
S. 101Section 101 outlines the procedures for instituting and hearing suits and cases under the Bihar Panchayat Raj Act, 2006, specifying the roles of Sarpanch and Panches.
S. 102Section 102 mandates Gram Katchahry benches to mediate disputes to achieve amicable settlements.
S. 103Section 103 mandates a Gram Ktchahry bench to investigate and adjudicate disputes when no settlement is reached.
S. 104Section 104 outlines the flexible procedure for Gram Katchahry benches in Bihar Panchayat Raj Act.
S. 105Section 105 mandates written decisions by Gram Katchahry benches, signed by all members, with prescribed details.
S. 106Section 106 grants Gram Katchahry benches jurisdiction to try specified minor offences within the Gram Panchayat's limits, except for certain thefts and repeat offenders.
S. 107Section 107 outlines the criminal powers of a Gram Katchahry bench in Bihar, allowing fines up to 1,000 rupees but no imprisonment.
S. 108Section 108 mandates compensation for false accusations in Panchayat cases, with a maximum of 500 rupees.
S. 109Section 109 grants Sarpanch the authority to issue orders to prevent imminent breaches of peace, which local authorities must enforce.
S. 110Section 110 grants a Gram Katchahry bench exclusive civil jurisdiction over specified low-value suits and partition cases, except those involving complex legal questions.
S. 111Section 111 of the Bihar Panchayat Raj Act, 2006 prohibits certain suits from being heard by the Gram Katchahry, including those involving partnership accounts, wills, government officials, minors, rent disputes, mortgage enforcement, property rights, and pending court cases.
S. 112Section 112 outlines the appeal process for orders from the Gram Katchahry to higher authorities within 30 days.
S. 113Section 113 prohibits courts from taking cognizance of cases cognizable by the Gram Katchahry, directing police to report offenses to the Katchahry.
S. 114Section 114 allows transfer of cases to Gram Katchahry benches if deemed more appropriate by a Magistrate or Munsif.
S. 115Section 115 allows certain magistrates to withdraw cases from Gram Katchahry benches for reassignment or disposal by another competent authority.
S. 116Section 116 prohibits legal practitioners from representing parties in Gram Katchahry cases without consent and permission.
S. 117Section 117 allows parties in a suit to appear in person or through authorized representatives before a Gram Katchahry bench.
S. 118Section 118 allows higher judicial officers to transfer or quash Gram Katchahry decisions if there's a miscarriage of justice.
S. 119Section 119 outlines procedures for decree execution, fine realization, and accused apprehension in Bihar Panchayat Raj Act.
S. 120Section 120 sets a three-year limit for filing suits in Gram Katchahry benches in Bihar.
S. 121Section 121 prevents Gram Katchahry benches from trying suits already decided or pending in other courts.
S. 122Section 122 allows District Judges to inspect Gram Katchahry proceedings and records.
S. 123Section 123 establishes a State Election Commission to oversee elections for Panchayat bodies in Bihar.
S. 124Section 124 mandates the Governor to announce Panchayat election dates based on State Election Commission recommendations, at least six months in advance.
S. 125Section 125 mandates the State Government to provide officers for the State Election Commission to conduct Panchayat elections.
S. 126Section 126 specifies that eligible voters for Panchayat elections are those enrolled in the relevant State Legislative Assembly electoral rolls.
S. 127Section 127 adjusts the number of elected Panchayat members based on census population data.
S. 128Observers
S. 129District Election Officer (Panchayat), Returning Officer, presiding officer, etc
S. 130ELECTORAL OFFENCES - (1) Promoting enmity between classes in connection with election
S. 131Section 131 grants paid holiday to voting employees on election day, prohibits wage deductions, and imposes fines for non-compliance.
S. 132Section 132 prohibits sale or distribution of liquor in polling areas 48 hours before voting, with penalties for violations.
S. 133Section 133 mandates candidates to maintain detailed accounts of election expenses and limits their total expenditure.
S. 134Section 134 disqualifies a person for three years if they fail to submit election expense accounts without a valid reason.
S. 135Section 135 of the Bihar Panchayat Raj Act, 2006, specifies voter eligibility for Panchayat membership, with reserved seats for specific groups.
S. 136Section 136 lists disqualifications for holding local government positions in Bihar, including non-citizenship, government service, criminal conviction, and corrupt practices.
S. 137Section 137 outlines the process for filing and adjudicating election petitions for Panchayat offices in Bihar.
S. 138Section 138 bars courts from questioning the delimitation or seat allotment laws, except through an election petition.
S. 139Section 139 outlines conditions under which an election in Bihar Panchayat Raj can be declared void due to corruption, improper nominations, or non-compliance with the Act.
S. 140Section 140 allows a candidate to be declared elected if they received a majority or would have if not for the returned candidate's corrupt practices.
S. 141Section 141 of the Bihar Panchayat Raj Act, 2006 defines corrupt practices in elections, including bribery, undue influence, and promoting enmity based on religion or caste.
S. 142Section 142 disqualifies local authority members found guilty of corrupt practices for five years.
S. 143Section 143 mandates the prescribed authority to send orders to the District Magistrate and outlines fresh election procedures for vacant seats.
S. 145Panchayats have authority to revise or modify any committee decision.
S. 146Section 146 allows the Bihar Government to create rules for implementing the Bihar Panchayat Raj Act, with specified legislative oversight and penalties for non-compliance.
S. 147Section 147 allows Gram Panchayats to create bye-laws with Zila Parishad approval to fulfill their duties under the Bihar Panchayat Raj Act.
S. 148Section 148 allows Panchayat Samiti to create regulations for implementing the Act, subject to government approval and publication.
S. 149Section 149 allows the Zila Parishad to create regulations for implementing the Act, subject to government approval and publication.
S. 150Section 150 allows the Bihar Government to create model regulations for local governance bodies, which they can then adopt.
S. 151Section 151 allows the government to dissolve and reconstitute Panchayats when their boundaries change.
S. 152Section 152 allows the government to conduct inquiries into Panchayat affairs and grants inquiry officers civil court powers.
S. 153The section allows the government to appoint officials to inspect Panchayat offices and records, with Panchayats required to address noted issues or provide explanations.
S. 154Section 154 allows the State Government to revise, review, and annul Panchayat decisions if found incorrect or irregular, ensuring fair hearings.
S. 155Section 155 allows government-authorized officers to inspect and guide Panchayat development schemes, reporting irregularities and suggesting improvements.
S. 156Section 156 allows the Government to issue binding directions to Panchayats on state policies, programs, and public importance matters.
S. 157Section 157 empowers the District Magistrate to issue directions and depute officers for special Panchayat meetings addressing no confidence motions.
S. 158Section 158 allows the government to withdraw or amend powers and functions from Panchayats based on changes in the nature of matters.
S. 159Power of Zila Parishad to suspend the execution of order(s) etc
S. 160Section 160 allows the dissolution of Gram Panchayats, Panchayat Samitis, or Zila Parishads for exceeding powers, incompetence, or default in duties.
S. 161Section 161 establishes a District Panchayat Service Cadre with transferable employees as per State Government's terms.
S. 162Section 162 grants Panchayat heads control over employee punishments and can recommend dismissals, removals, or demotions.
S. 163Section 163 outlines the appeal process for orders under the Bihar Panchayat Raj Act, specifying different authorities for appeals.
S. 164Section 164 outlines the powers and duties of Panchayat employees as determined by the Panchayat.
S. 165Administrative control of Panchayat over projects, schemes etc
S. 166Section mandates yearly development plan preparation and submission by Gram Panchayat, Panchayat Samiti, and Zila Parishad.
S. 167Section 167 establishes a District Planning Committee to consolidate local development plans and prepare a comprehensive district development plan.
S. 168Section 168 establishes a Finance Commission to review and recommend financial principles and measures for local government bodies in Bihar every five years.
S. 169Section 169 mandates annual administrative reports from Gram Panchayats, Panchayat Samitis, and Zila Parishad to respective higher bodies and the Government.
S. 170Section 170 deems all Gram Panchayat, Panchayat Samiti, and Zila Parishad members and staff as public servants under the Indian Penal Code.
S. 171Section 171 repeals the 1993 Bihar Panchayat Raj Act while preserving existing rights, proceedings, and penalties under it.
S. 172The section allows the government to issue orders to resolve any difficulties in implementing the Act.
S. 173Repeal and Saving - (1) The Bihar Panchayat Raj Ordinance, 2006 (Bihar Ordinance no