Section 7

Amendment status not verified — confirm the current text below against the official source.

Functions of the Ward Sabha.- The Ward Sabha shall perform the following functions:- a) rendering assistance to the Panchayat in collection and compilation of details required for formulation of development plans; b) generating proposals and fixing priority of development schemes and programmes to be implemented in the area of the Ward Sabha; c) identification of beneficiaries in order of priority, for the implementation of development schemes pertaining to the area of Ward Sabha; d) rendering assistance in effective implementation of development scheme; e) suggesting the location of public utilities, amenities and services like street lights, community water taps, public wells, public sanitation units, irrigation facilities etc.; f) Formulating schemes and imparting awareness on matters of public interest like cleanliness, preservation of environment, prevention of pollution, guarding against social evils etc; g) promoting harmony and unity among various groups of people; h) verifying the eligibility of persons getting various kinds of Welfare assistance from Government such as pensions and subsidies; i) getting information on the detailed estimates of works proposed to be taken in the area of the Ward Sabha; exercise social audit in all works implemented in the area of the Ward Sabha and awarding utilisation and completion certificate for such works; j) getting information from the officials concerned as to the services they will render and the works they propose to do in the area of the Ward Sabha; k) assisting the activities of parent-teacher associations in the area; l) promoting literacy, education, health, child care and nutrition; m) exercise check on institutions and functionaries in all social sectors; and n) such other functions as may be prescribed from time to time. CHAPTER IIA Gram Sabha 8 A. Gram Sabha and its meetings. - (1) There shall be a Gram Sabha for each Panchayat Circle consisting of the persons registered in the electoral rolls relating to the village or the group of villages comprised within the area of the Panchayat. (2) There shall be at least two meetings of the Gram Sabha every year, one in the first and the other in the last quarter of the financial year: Provided that upon a requisition in writing by more than one-tenth of the total number of members of the Gram Sabha or, if required by the Panchayat Samiti, Zila Parishad or the State Government, a meeting of the Gram Sabha shall be held within fifteen days of such requisition or requirement. (3) In the meeting held in the first quarter of the financial year, the Panchayat shall place before the Gram Sabha - a) the annual statement of accounts of the preceding year; b) a report on the administration of the preceding financial year as required to be submitted under the provisions of this Act; c) the development and other programmes proposed for the financial year; and d) the last audit report and replies made thereto. (4) In the meeting convened in the last quarter of the financial year, the Panchayat shall place before the Gram Sabha - a) the statement of expenditure incurred during the year; b) physical and financial programmes undertaken in the financial year; c) proposals with regard to any changes made in various spheres of activities proposed in the meetings held in the first quarter of the financial year; and d) the budget of the Panchayat as prepared under the provisions of this Act and tax proposals of the Panchayat. (5) In all the meetings of the Gram Sabha any other matter which the Panchayat, Panchayat Samiti, Zila Parishad, the State Government or any officer authorized in this behalf may require to be placed, shall also be placed. (6) It shall be open to the Gram Sabha to discuss the matters placed before it under this section and the Panchayat shall consider the suggestions, if any, made by the Gram Sabha. (7) The Vikas Adhikari of the concerned Panchayat Samiti or his nominee shall attend all meetings of the Gram Sabha. He shall be responsible for the correct recording to the minutes of such meetings by the Secretary of the Panchayat. A copy of the minutes so recorded shall be sent in the prescribed manner to the authorities as may be prescribed for this purpose. The minutes shall be read out at the end of the meeting and shall be approved and signed by members of the Gram Sabha present in the meeting. 8B.Quorum.- The quorum for a meeting of the Gram Sabha shall be one-tenth of the total number of members out of which presence or members belonging to the Scheduled Castes, Scheduled Tribes, and Backward Classes and Women members shall be in proportion to their population. 8C.Presiding Officer.- The meetings of the Gram Sabha shall be convened by the Sarpanch of the Panchayat or, in his absence, by the Up-Sarpanch of such Panchayat and such meetings shall be presided over by the Sarpanch or, in his absence by the Up- Sarpanch. In the event of both the Sarpanch and the Up-Sarpanch being absent, a meeting of the Gram Sabha shall be presided over by a member of the Gram Sabha to be elected for the purpose by a majority of the members present in the meeting. 8D.Resolutions.- Any resolution relating to the matters entrusted to the Gram Sabha under this Act, shall have to be passed by a majority of votes of the members present and voting in the meeting of the Gram Sabha. 8E.Functions of the Gram Sabha.- The Gram Sabha shall, subject to such conditions and upto such extent and in such manner as may be specified by the State Government from time to time, perform the following functions:- a) approve the plans, programmes and projects for social and economic development in order to priority from out of the plans, programmes and projects approved by the Ward Sabha before such plans, programmes and projects are taken up for implementation by the Panchayat; b) identification or selection of persons as beneficiaries under the poverty alleviation and other programmes, in order of priority out of the persons by the various Ward Sabha coming under its jurisdiction; c) obtaining a certificate from the Ward Sabha concerned that the Panchayat has correctly utilized the funds provided for the plans, programmes and projects referred to in Clause (a) which have been expended in the area of the Ward Sabha; d) exercising social audit in respect of plots allotted to the weaker sections; e) formulating and approving development plans for Abadi lands; f) mobilizing voluntary labour and contribution in kind or cash or both for the community welfare programmes; g) promoting literacy, education, health and nutrition; h) promoting of unity and harmony among all sections of the society in such area; i) seeking clarifications from the Sarpanch and members of the Panchayat about any particular activity, scheme, income and expenditure; j) identification and approval of development works in order of priority from out of the works recommended by the Ward Sabha; k) planning and management of minor water bodies; l) the management of minor forest produce; m) control over institutions and functionaries in all social sectors; n) control over local plans and resources for such plans including tribal sub- plan; o) consider and approve the recommendations made by each Ward Sabha in the area of such Panchayat Circle; and p) such other functions as may be prescribed. CHAPTER III Panchayati Raj Institutions 9.Establishment of Panchayat- (1) The State Government may, by notification in the Official Gazette, declare any local area, comprising a village or a group of villages not included in a Municipality or a cantonment board constituted under any law for the time being in force to be Panchayat Circle and for every local area declared as such there shall be a Panchayat. (2) Every Panchayat Shall, by the name notified in the Official Gazette, be a body corporate having perpetual succession and common seal and shall, subject to any restrictions and conditions imposed by or under this act or any other law, have power to acquire, by purchase, gift or otherwise, to hold, administer and transfer property, both movable and immovable, and to enter into any contract and shall, by the said name, sue and be sued. (3) The State Government may, at any time, after one month's notice published in the prescribed manner either on its own motion or at the request of the Panchayat or of the residents of the Panchayat Circle, and by notification in the Official Gazette, change the name 1[or place of office] of any such Panchayat. 10.Establishment of Panchayat Samiti.- (1) The State Government may, by notification in the Official Gazette, declare any local area within the same district to be a block and for every block declared as such there shall be a Panchayat Samiti having jurisdiction, save as otherwise of the provided in this Act, over the entire block excluding such portions of the block as are included in a Municipality or a cantonment board constituted under any law for the time-beingin force: Provided that a Panchayat Samiti may have its office in any area comprised within the excluded portion of the Panchayat Samiti. (2) Every Panchayat Samiti shall by the name notified in the Official Gazette, be a body corporate having perpetual succession and common seal and shall, subject to any restrictions and conditions imposed by or under this Act or any other law, have power to acquire, by purchase, gift or otherwise, to hold, administer and transfer property, both movable and immovable, and to enter into any contract and shall, by the said name, sue and be sued. (3) The State Government may, at any time, after one month's notice published in the prescribed manner either on its own motion or at the request of the Panchayat Samiti or of the residents of any area within the block of the Panchayat Samiti, and by notification in the official Gazotte, Change the name 1[or place of office] of any such Panchayat Samiti 11.Establishment of Zila Parishad.- (1) For every district, there shall be a Zila Parishad having jurisdiction, save as otherwise provided in this Act, over the entire district excluding such portions of the district as are included in a Municipality or a cantonment board constituted under any law for the time- being in force : Provided that a Zila Parishad may have its Office in any area comprised within the excluded portion of the district. (2)Every Zila Parishad shall bear the name of the District for which it is constituted and shall be a body corporate having perpetual succession and common seal and shall, subject to any restrictions and conditions imposed by or under this Act or any other law, have power to acquire, by purchase, gift or otherwise to hold, administer and transfer property both movable and immovable, and to enter into any contract and shall, by the said name, sue and be sued. 12.Composition of a Panchayat - (1) A Panchayat shall consist of - a) a Sarpanch, and b) directly elected Panchas from as many wards as are determined under Sub-sec. (2) (2)The State Government shall, in accordance with such rules as may be framed in this behalf, determine the number of the wards not being less than five for each, each Panchayat Circle, and thereupon so divide the Panchayat Circle into single member ward that the population of each ward is, so for as practicable, the same throughout the Panchayat Circle. 13.Composition of a Panchayat Samiti.- (1) A Panchayat Samiti shall consist of – a) directly elected members from as many territorial constituencies as are determine under Sub-Sec. (2) b) all members or the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Panchayat Samiti area; c) chairpersons of all the Panchayats falling within the Panchayat Samiti]: Provided that the members referred to in 3[Clause (b) and (c)] shall have a right to vote in all meetings of the Panchayat Samiti except those for election and removal of the Pradhan or Up-Pradhan. (2)The State Government shall, in accordance with such rules as may be framed in this behalf, determine the number of territorial constituencies not being less than fifteen for each Panchayat Samiti area and thereupon so divide such area into single member territorial constituencies that the population of each territorial constituency is, so for as practicable, the same throughout the Panchayat Samiti area: Provided that a Panchayat Samiti area having population not exceeding one lakh shall consist of fifteen constituencies and in case of a Panchayat Samiti area whose population exceeds on lakh, then for every fifteen thousand or part thereof in excess of one lakh, the said number of fifteen shall be increased by two. 14.Composition of a Zila Parishad.- (1) A Zila Parishad shall consist of - a) directly elected members from as many territorial constituencies as are determined under Sub-sec. (2); b) all members of the Lok Sabha and of the State Legislative Assembly representing constituencies which comprise wholly or partly the Zila Parishad area; c) all members of the Rajya Sabha registered as electors within the Zila Parishad area; d) chairpersons of all Panchayat Samities falling within the Zila Parishad area;] Provided that the members referred to in 4[Clauses (b), (c) and (d)] shall have a right to vote in all the meetings of the Zila Parishad except those for election and removal of the Pramukh or the Up-Pramukh. 1[(2)The State Government shall, in accordance with such, rules as may be framed in this behalf, determine the number of territorial constituencies, not being less than seventeen, of each Zila Parishad area and thereupon so divide such area into single member territorial constituencies that the population of each territorial constituencies is, so far as practicable, the same throughout the Zila Parishad area .] Provided that a Zila Parishad area having population not exceeding four lakhs shall consist of seventeen constituencies and in case of a Zila Parishad area whose population exceeds four lakh, then for every one lakh or part thereof in excess of four lakhs, the said number of seventeen shall be increased by two. 15.Reservation of Seats.- 1[(1) Seats to be filled by direct election in a Panchayati Raj Institution shall be reserved for - a) the Scheduled Casts; b) the Scheduled Tribes; and c) the Backward Classes, as also for women in accordance with the provisions contained in the succeeding sub- sections. (2)The number of seats reserved for the Scheduled Castes and the Scheduled Tribes, shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in Panchayati Raj Institution as the population of such Castes or, as the case may be, such Tribes in that Panchayati Raj Institution area bears to the total population of the area. (3) Such percentage, not exceeding 2[twenty one], of seats in a Panchayati Raj Institution at each level shall be reserved for Backward Classes as the percentage of the combined rural population of Scheduled Castes and Scheduled Tribes in the concerned district in relation to the total rural population of the district falls short of fifty. Provided that at least one seat shall be reserved in each Panchayati Raj Institution at each level for Backward Classes where the combined rural population of Scheduled Castes and Scheduled Tribes in the concerned district does not exceed seventy percent of the total rural population of the district. (4) Seats reserved in accordance with the provisions contained in the preceding sub- sections may be allotted by rotation to different wards or, as the case may be, different constituencies in the concerned Panchayat Raj Institution;] (5)Not less than one2 [half] of the total number of seats reserved under 3[Sub- secs. (2) and (3) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes or, as the case may be, the Backward Classes. (6)Not less than one2 [half] (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes) of the total number of seats to be filled by direct election in every Panchayati Raj Institution shall be reserved for women and such seats may be allotted by rotation to different wards or, as the case may be, constituencies in the concerned Panchayati Raj Institution in such manner as may be prescribed. 16.Reservation of the offices of Chairpersons - (1) The offices of the Sarpanchas, the Pradhans and the Pramukhs shall be reserved for - a) the Scheduled Castes; b) the Scheduled Tribes; and c) the Backward Classes; as also for women in accordance with the provisions contained in the succeeding sub- sections. (2) The number of each of such offices reserved for the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of each of such offices in the State as the population of such Castes, or as the case may be, such Tribes in the State bears to the total population of the State. (3) Such percentage, not exceeding 5[twenty one] of offices of Sarpanch or Pradhan in a Panchayat Samiti or Pramukh in Zila Parishad, as the case may be, shall be reserved for Backward Classes, as the percentage of the combined population of Scheduled Castes and Scheduled Tribes in the Panchayat Samiti or Zila Parishad area in relation ot othe population of such Panchayat Samiti or Zila Parishad area, as the case may be,falls short of fifty : Provided that at least one office of Sarpanch or Pradhan in a Panchayat Samiti or Zila Parishad shall be reserved for Backward Classes where the combined population of Scheduled Castes and Scheduled Tribes in the Panchayat Samiti or Zila Parishad area, as the case may be, does not exceed seventy percent of the total population of the Panchayat Samiti or Zila Parishad area. (4)[Twenty one] per cent of the total number of offices of Pramukh in the State shall be reserved for the Backward Classes. (5) Not less than one 2[half] of the total number of offices of Sarpanchas, Pradhans and Pramukhs in the State shall be reserved for women. (6) Offices reserved under this section shall be allotted by rotation to different Panchayats, Panchayat Samiti and Zila Parishads in the State in such manner as may be prescribed. Explanation - If a fraction forms part of the number of seats computed under Sec. 15 or offices computed under this section, the number of seats or offices, as the case may be, shall be increased to the next higher number in case the fraction consists of half or more of a seat or office and the fraction shall be ignored in case it consists of less than half of a seat or office. 17.Duration of, and election to the Panchayati Raj Institutions - 1[(1) Every Panchayati Raj Institution, unless sooner dissolved under this Act, shall continue for five years from the date of the first meeting of the respective institutions and no longer. (2) The Superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayati Raj Institution shall be vested in the State Election Commission. (3) The election to constitute a Panchayati Raj Institution shall be completed- a) before the expiration of its duration specified in Sub-sec. (1); and b) in the case of dissolution, before the expiration of a period of six months from the date of its dissolution : Provide that where the remainder of the period for which the dissolved Panchayati Raj Institution would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayati Raj Institution for such period. (4)A Panchayati Raj Institution constituted upon its dissolution before the expiration of its duration, shall continue only for the remainder of the period for which it would have continued under Sub-sec. (1) had it not been so dissolved. (5)The State Government may, from time to time, make provisions by rules with respect to all matters relating to or in connection with the election to the Panchayati Raj Institution including those in relation to the preparation of electoral rolls, the delimitation of wards or constituencies and all other matters necessary for securing the due constitution of such institutions. 18.Electors and Electoral Rolls - (1) For each of the wards or constituencies into which the area of a Panchayati Raj Institution is divided under this Act, there shall be prepared and maintained in the prescribed manner by or under the supervision of the State Election Commission an electoral roll thereof. (2)Subject to the provisions of Sub-sec. (3) to (6), every person who - a) is not less than eighteen years of age on the qualifying date, and b) is ordinarily resident in a ward or constituency of the Panchayati Raj Institution concerned shall be entitled to be registered in the electoral roll for the ward of constituency. Exlplanation - (i) "Qualifying date", in relation to the preparation or revision of every electoral roll under this Act, means the 1st day of January of the year in which it is so prepared or revised. . (ii) A person shall not be deemed to be ordinarily resident in a ward or constituency on the on the ground only that he owns, or is in possession of, a dwelling house therein. (iii) A person absenting himself temporarily from his place of ordinary residence shall not, by reason thereof, cease to be ordinarily resident therein. (iv) A member of Parliament or of the State Legislature shall not, during the term of his office, cease to be ordinarily resident in the ward or constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason only of his absence from that ward or constituency in connection with his duties as such member. (v) A person who is a patient in any establishment maintained wholly or mainly for the treatment of persons suffering from mental illness or any other illness involving long treatment or who is detained in prison or in legal custody at any other place, or is residing in a hostel for study or is residing in a hotel etc., as a casual visitor shall not, by reason thereof, be deemed to be ordinarily resident therein. (vi) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the relevant facts of the case and in accordance with such rules as may be made in this behalf. (3)A person shall be disqualified for registration in the electoral roll for the ward or constituency if he- a) is not a citizen of India; or b) is of unsound mind and stands so declared by a competent Court; or c) is for the time being disqualified from voting under the provisions of any law relating to corrupt prectices and other offences in connection with elections. (4) The name of any person, who becomes so disqualified after registration shall forthwith be struck off the electoral roll prepared under this Act: Provided that the name of any person struck off the electoral roll of a ward or constituency by reason of a disqualification under Clause (c) of Sub-sec. (3) shall forthwith be re- entered in that roll, if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal. (5) No person shall be entitled to be registered in the electoral roll for more than one ward or constituency of any Panchayati Raj Institution in the State. (6) No person shall be entitled to be registered in the electoral roll of a ward or constituency more than once.] 18-A. Making false declaration.- If any person makes in connection with- a) the preparation, revision or correction of an electoral roll, or b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable, with imprisonment for a term which may extend to one year, or with fine, or with both. 18-B. Breach of official duty in connection with the preparation etc., of electoral rolls - (1) If any Electoral Registration Officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause guilty of any act or omission in breach of such official duty, he shall be punishable1 [with imprisonment for a term which shall not be less than three months but which may extend to two years and with fine.] (2) No suit or other legal proceeding shall is against any such officer or other person for damages in respect of any such act or omission as aforesaid. (3) No Court shall take cognizance of any offence punishable under Sub-sec. (1) unless there is a complaint made by order of, or under authority from the State Election Commission or the Chief Electoral Officer or the Collector concerned.] 18-C. Right to vote - (1) Except as expressly provided by this Act, every person, who is registered in the electoral roll of any ward or constituency of a Panchayati Raj Institution, shall be entitled to vote in that ward or constituency. (2) No person shall vote at an election in any ward or constituency if he is subject to any of the disqualification referred to in Sub-sec. (3) of Sec. 18. (3) No person shall at any election vote in more than one ward or constituency and if a person votes in more than one ward or constituency, his votes in all the wards or constituencies shall be deemed to be void. Explanation - Election for Panch or Sarpanch or member of a Panchayat Samiti or member of a Zila Parishad, when held simultaneously, shall be deemed as separate elections. (4) No person shall at any election vote in the same ward or constituency more than once, notwithstanding that his name may have been registered in the electoral roll thereof more than once, and, if he does so vote, all his votes shall be deemed to be void. (5) No person shall vote at any election under this Act if he is confined in a prison whether under a sentence or otherwise, or is in the lawful custody of the police. 19.Qualification for election as a Panch or a member- Every person registered as a voter in the list of voters of a Panchayati Raj Institution shall be qualified for election as a Panch or, as the case may be, a member of such Panchayati Raj Institution unless such person- a) is disqualified by or under any law for the time being in force for the purpose of election to the Legislature of the State of Rajasthan : Provided that no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years; 1[(aa)is found, guilty of a corrupt practice by order of a competent Court, consequent upon an election petition filed under and in accordance with the provisions of this Act or rules made there under.] b) holds a salaried whole-time or part-time appointment under a local authority 2[a university or any corporation, body, Enterprises or Co- operative Society, which is either controlled or wholly or partly financed by the State Government]; c) has been dismissed from State Government service for misconduct involving moral turpitude and has been declared to be disqualified for employment in the public service; d) holds any salaried post or place of profit under any Panchayati Raj Institution; e) has directly or indirectly by himself or by his partner, employer or employees, any share or interest in any contract with, by or on behalf of the Panchayati Raj Institution concerned while owning such share or interest in any work done for; f) is suffering from any bodily or mental defect or disease rendering him incapabic for work;"; and; g) has been convicted of any offence by competent Court and sentenced to imprisonment for six months or more, such sentence not having been subsequently reversed or remitted or the offender pardoned;] 2[(gg)is under trial in the competent Court which has taken cognizance of the offence and framed the charges against him of any offence punishable with imprisonment for five years or more;] h) is for the time being ineligible for election under Sec. 38; i) has not paid, for two months from the date of the presentation of the notice of demand therefore, the amount of any tax or fees imposed by the Panchayati Raj Institution concerned; j) is employed as a legal practitioner on behalf of or against the Panchayati Raj Institution concerned; k) has been convicted of an offence punishable under the Rajasthan Prevention of Mrityu Bhoj Act, 1960; l) has more than two children m) earlier having been a Chairperson/Deputy Chairperson of any Panchayati Raj Institution has not paid dues even after the expiry of a period of two months from the date of notice, for depositing the dues of the Panchayati Raj Institution, was duly served upon such Chairperson/Deputy Chairperson and his name is included in the list of such defaulters supplied by the State Government to the Collector (Panchayats) at least two months before the issue of notification for election to such Panchayati Raj Institution;] n) in case of a seat reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes of the State, is not a member of any of those Castes, or Tribes or Classes, as the case may be, o) in case of a seat reserved for the women, is not a woman; and p) in case of a seat reserved for women belonging to Scheduled Castes or Scheduled Tribes or Backward Classes, is not be member of any of these Castes or Tribes or Classes, as the case may be, and is not a women] q) does not have a functional sanitary toilet in the house and any of his family members defecate in the open; Provided that - (i) a person shall not, by reason only of his being a share holder in or a member of any incorporated company or co-operative society registered under the law for the time being in force in the State of Rajasthan, be held to be interested in any contract entered between the company or co- operative society and the Panchayati Raj Institution 1[(ia) for the purpose of Clause (aa), a person shall be deemed to be disqualified for a period of six years from the date or order referred to in Clause (aa);] 2[(ii) for the purpose of Clauses (c), (g) and (k) any person shall become eligible for election after a lapse of six years from the date of his dismissal or the date of conviction, as the case may by;] (iii) for the purpose of Clause (i), a person shall not be deemed to be disqualified if he has paid the amount of the tax or fee due from him before the date of filling his nomination papers; "(iv) for the purpose of clause (1),- (a) the birth during the period from the date of commencement of this Act, hereinafter in this proviso referred to as the date of such commencement, to 27th November, 1995, of an additional child shall not be taken into consideration; (b) a person having more than two children (excluding the child if any, born during the period from the date of such commencement, to 27th November, 1995) shall not be disqualified under that clause for so long as the number of children he had on the date of commencement of this Act does not increase; (c) while counting the total number of children a child born from earlier delivery and having disability shall not be counted. Explanation. The word "disability" shall include any type of disabilities specified in or under the Rights of Persons with Disabilities Act, 2016 (Central Act No. 49 of 2016).". 3[(v) for the purpose of Clause (m), a Chairperson/Deputy Chairperson shall not be deemed to be disqualified if he pays the amount due from him before filling his nomination papers.] Explanation – For the purpose of Clause (i) of Sec. 19, where the person has only one child from the earlier delivery or deliveries on the date of commencement of this Act and thereafter, any number of children born out of a single subsequent delivery shall be deemed to be one entity. 4[Explanation - II - For the purpose of the clause (q) of this section - (i) "sanitary toilet" means a water sealed toilet system or setup surrounded by three walls, a door and a roof; and (ii) "family members" means spouse of such person, children and his parents living with such person.] 20.Restriction on simultaneous or double membership of a Panchayati Raj Institution. - (1) No person shall, save as expressly authorised by this Act, be member of two or more Panchayati Raj Institutions. (2) Where a person while being a member of one Panchayati Raj Institution, intends to contest as a candidate for membership of another Panchayati Raj Institution, he may stand as a candidate for such membership notwithstanding anything contained in Sub-sec.(1): Provided that if he is chosen for the seat for which he contested as a candidate, the seat already held by him shall become vacant on the date on which he is so chosen unless the seat so held is in another Panchayati Raj Institution and the term of that Panchayati Raj Institution is to expire within a period of four months from the date on which he is so chosen. (3) If any person is simultaneously chosen as a member of two or more Panchayati Raj Institution, the person shall, within fourteen days from the date or the latter of the dates on which he is so chosen; intimate to the competent authority, one of the Panchayati Raj Institution in which he wishes to serve and thereupon his seat in the Panchayati Raj Institution other than the one in which he wishes to serve, shall become vacant. (4) Any intimation given under Sub-sec. (3) shall be final and irrevocable. (5) In default of intimation referred to in Sub-sec. (3) within the aforesaid period, the competent authority shall determine the seat which he shall retain and thereupon the remaining seat from which he was chosen, shall become vacant 21.Restriction on simultaneous holding of the office of a 1[Chairperson, Deputy Chairperson or member] in a Panchayati Raj Institution and the membership of Parliament or a State Legislature etc.- No person shall remain both the 1[Chairperson, deputy chairperson or member] or a Panchayati Raj Institution and a member of Parliament or a State Legislature or a Municipal Board or a Municipal Council or a Municipal Corporation and if a person who is already a member of Parliament or a State Legislature or a member of a Municipal Board or a Municipal Council or a Municipal Corporation is elected as such 1[chairperson, deputy-chairperson or member], then, at the expiration of fourteen days from the date of being elected as such 1[chairperson, deputy- chairperson or member], he shall cease to be such 1[chairperson, deputy- chairperson or member] unless he has previously resigned his seat in the Parliament or the State Legislature or Municipal Board or the Municipal Council or the Municipal Corporation, as the case may be : Provided that if a person, who is already the 1[chairperson, deputy-chairperson or member], of a Panchayati Raj Institution, is elected as a member of Parliament or the State Legislature or a Municipal Board or a Municipal Council or a Municipal Corporation, then, at the expiration of fourteen days from the date of being elected as a member of Parliament or the State Legislature or a Municipal Board or a Municipal Council or a Municipal Corporation, as the case may be, he shall cease to be such1[chairperson, deputy-chairperson or member], unless he has previously resigned his seat in the Parliament or the State Legislature or the Municipal Board or the Municipal Council or the Municipal Corporation, as the case may be. 22.Electoral offenses.- The provisions of Secs. 1[125], 126, 127, 127-A, 128, 129, 130, 131, 132, 2[132-A], 133, 134, 134-A, 3[134-B], 135, 135-A, 135-B, 135- C and 136] of the Representation of the People Act, 1951 (Central Act XLIII of 1951) shall have effect as if a) references therein to an election were reference to an election under this Act; b) references therein a constituency included references to a ward or a constituency of a Panchayati Raj Institution; and c) in Secs. 134 and 136 thereof, for the words "by or under this Act", the words and figures "by or under the Rajasthan Panchayati Raj Act, 1994" were substituted. 1[(d) in Sub-sec. (1) of Sec. 135-B, for the words "House of the People or the Legislature Assembly of a State", the words "Panchayati Raj Institution" were substituted.] 122-A. Restriction on use of vehicles, loud speakers etc.- (1) The State Election Commission may impose reasonable restrictions on the use of vehicles or loud speakers or on displaying of cut-outs, hoardings, posters and banners by any candidate or his duly authorized election agent during the period of election commencing from the date of publication of notification for election to the Panchayati Raj Institution and ending on the date on which the whole process of election is completed. (2) If any candidate or his duly authorized election agent contravenes any of the restrictions imposed by the State Election Commission under Sub-sec. (1), he shall, on conviction, be punishable with a fine which may extend to Rs. 2000/-. (3) Every person punished under Sub-sec. (1) shall, by an order of the Commission, be liable to be disqualified for being chosen as or for being a member of any Panchayati Raj Institution for a period which may extend to six years from the date of such order : Provided that State Election Commission may by a subsequent order, for reasons to be recorded, remove any disqualification under this section or reduce the period of any such disqualification. (4) No Court shall take cognizance of an offense referred to in Sub-sec. (2) except on the complaint made by the an officer authorized in this behalf by any general or special order, by the State Election Commission. 23.Publication of Election Results.- The names of persons, whether elected as members of a Panchayati Raj Institution or as Chairperson or Deputy Chairperson of such Institution shall be published in the prescribed manner. 24.Oath or affirmation.- Every member or Chairperson or Deputy Chairperson of a Panchayati Raj Institution shall, before entering upon his duties as such, make and subscribe before the competent authority an oath or affirmation in the prescribed form. 25.Handing over of charge.- (1) Whenever the election of a member or Chairperson or Deputy Chairperson of a Panchayati Raj Institution has been declared to be void, or whenever such member or Chairperson or Deputy Chairperson - (i) is not found qualified or becomes disqualified under Sec. 19 to hold his office, or (ii) ceases to be so under the provisions of this Act, or (iii) fails to make the prescribed oath or affirmation in accordance with the provisions of this Act, or (iv) is removed from office or is suspended under Sec. 38; or (v) resigns his office under Sec. 36, or Whenever a motion of no-confidence is passed against the Chairperson or the Deputy Chairperson of a Panchayati Raj Institution under Sec. 37; or Whenever the term of office of a Panchayati Raj Institution expires or the election of all the members of Panchayati Raj Institution with or without the Chairperson has been declared void, or such election or the proceedings subsequent thereto have been stayed by an order of a competent Court; or Whenever a Panchayati Raj Institution is dissolved under this Act, Such member or Chairperson or Deputy Chairperson or all any of them shall forthwith handover Charge in the prescribed manner of his or their office including all papers and properties pertaining to such office in his or their actual possession or occupation- a) in the case of a member, to the Chairperson of the Panchayati Raj Institution concerned; b) in the case of Chairperson, to the Deputy Chairperson of such Panchayati Raj Institution or, where there is no Deputy Chairperson, to such member of such Panchayati Raj Institution or other person as the competent authority may direct . Provided that charge of office of any Chairperson who was elected to an office reserved for the persons belonging to Scheduled Castes or the Scheduled Tribes or the Backward Classes or for Women, shall be handed over as per directions of the Competent Authority, to a member, if any, of the said Castes, Tribes or Classes or a Woman member, as the case may be, in the manner as may be prescribed and where there is no such member belonging to said Castes, Tribes, Classes or a Woman member to whom charge can be given as aforesaid, the charge shall be handed over in the manner as may be prescribed, to any member not belonging to the aforesaid categories.] c) in the case of a Deputy Chairperson, to the Chairperson of the Panchayati Raj Institution concerned or, where there is no such Chairperson, to such member of such Panchayati Raj Institution or other person as the competent authority may direct; d) in the case of a Panchayati Raj Institution of which the term of office has expired, to such new Panchayati Raj Institution as has been constituted; and e) in the case of a Panchayati Raj Institution dissolved under this Act, to the Administration appointed under Sec. 95. (2) Upon the election or appointment of a new member or Chairperson or Deputy Chairperson or upon the constitution of a new Panchayati Raj Institution, and after the oath or affirmation of office required by this Act has been duly made, the person holding, on the date on which such oath or affirmation is made, charge of the office of such member or Chairperson or Deputy Chairperson of the Panchayati Raj Institution shall in pursuance of Sub-sec. (1), forthwith handover to the person so elected or to the Panchayati Raj Institution so constituted, as the case may be, the charge of office including all papers and properties pertaining to such office in his actual possession or occupation. (3) If any person fails or refuses to handover charge of office as required under Sub- sec. (1) or Sub-sec. (2), the competent authority may, by order in writing, direct the person so failing or refusing to hand over such charge forthwith to the person or persons entitled thereto under Sub-sec. (1) or Sub-sec. (2), as the case may be. (4) If the person to whom a direction has been issued under Sub-sec. (3) fails to comply with the direction, he shall, on conviction, be punished with imprisonment for a term not exceeding one year or with fine not exceeding one thousand rupees or with both. (5) Any officer empowered by the competent authority in this behalf may, without prejudice to any action that has been or may be taken under Sub-secc. (4) use such force as may be deemed necessary for enforcing the provisions of Sub- sec. (1) and (2) and may for that purpose invoke in the prescribed manner the assistance of the police or the nearest Magistrate competent to do so. 26.Sarpanch and his election.- (1) Every Panchayat shall have a Sarpanch who must be a person qualified to be elected as a Panch and shall be elected by the electors of the whole Panchayat Circle in the prescribed manner. (2) If the electors of a Panchayat Circle fails to elect Sarpanch in accordance with this section of if the Panchas fail to elect an Up-Sarpanch, the State Government shall appoint a person to the vacancy till vacancy is filled up by election within a period of six months and the person so appointed shall be deemed to be a duly elected Sarpanch or Up- Sarpanch, as the case may be. 27.Procedure for election of Up-Sarpanch on the establishment of a Panchayat.- (1) Every Panchayat shall have an Up-Sarpanch. (2) On the establishment of a Panchayat for the first time under this Act, or on its reconstitution or establishment thereafter, a meeting of the Panchayat shall be called immediately by the Competent Authority who shall himself preside over the meeting, but shall have no right to vote, and in such meeting the Up- Sarpanch shall be elected. 28.Election of Pradhan and Up-Pradhan.- (1) The elected members of the Panchayat Samiti shall, as soon as may be, choose two members from amongst themselves to be respectively the Pradhan and Up-Pradhan thereof, and so often as there is a casual vacancy in the office or Pradhan or Up-Pradhan, they shall choose another member from amongst themselves to be the Pradhan or Up- Pradhan, as the case may be : Provided that no election shall be held if a vacancy is for a period of less than one month. (2)The election of Pradhan and Up-Pradhan and the filling up of the vacancies in the said offices shall be in accordance with such rules as may be made. 29.Election of Pramukh and Up-Pramukh.- (1) The elected members of the Zila Parishad shall, as soon as may be, choose two members from amongst themselves to be respectively the Pramukh and Up-Pramukh thereof and so often as there is a casual vacancy in the office of the Pramukh and Up-Pramukh, they shall choose another member from amongst themselves to be the Pramukh or Up- Pramukh, as the case may be: Provided that no election shall be held if a vacancy is for a period of less than one month. (2)The election of the Pramukh or the Up-Pramukh of a Zila Parishad and the filling up of vacancies in the said offices shall be in accordance with such rules, as may be made. 30.Term of office of Members, Chairperson and Deputy Chairperson.- Except as otherwise provided in this Act- a) the Members and the Chairpersons of a Panchayati Raj Institution shall hold office during the term of the concerned Panchayati Raj Institution; and b) the Deputy Chairperson of a Panchayati Raj Institution shall hold office as long as he continues to be a member of the concerned Panchayati Raj Institution. 31.Allowances to Members, etc.- The Member of a Panchayati Raj Institution, including the Chairperson and Deputy Chairperson of such institution as also the members of any committees or sub-committees of such institution including any Chairman thereof shall be paid such allowances at such rates in such circumstances and subject to such terms and conditions as may be prescribed : Provided that only one allowances shall be admissible for one day. 32.Powers, Functions and Duties of Sarpanch and Up-Sarpanch.- (1) The Sarpanch Shall- (a) be responsible for convening the meetings of the Gram Sabha and preside over such meetings. (b) be responsible for convening the meetings of the Panchayat and shall preside over and regulate such meetings; (c) be responsible for the maintenance of records, of the Panchayat; (d) have the general responsibility for the financial and executive administration of the Panchayat; (e) exercise administrative supervision and control over the work of the staff of the Panchayat and the officers and employees whose services may be placed at the disposal of the Panchayat by any other authority; (f) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Panchayat under this Act or the rules made there under (g) furnish to the State Government or the officer incharge of Panchayats such reports, returns and record, whether periodical or otherwise, as may be prescribed or as may from time to time to be called for; and (h) exercise such other powers, perform such other functions and discharge such other duties as the Panchayat may, by a resolution, direct or as the Government may, by rules made in this behalf, prescribe. (2) The Up-Sarpanch shall- a) exercise such of the powers, perform such of the functions and discharge such of the duties of Sarpanch as the Sarpanch may, from time to time, subject to rules made in this behalf by the Government, delegate to him by order in writing; b) in the absence of the Sarpanch, due either to his office remaining vacant or otherwise, exercise all the powers, perform all the functions and discharge all the duties of the Sarpanch; and c) exercise such other powers, perform such other functions and discharge such other duties as the Panchayat may, by resolution, direct or the Government may, by rules made in this behalf, perscribe. (3) In the absence of both the Sarpanch and the Up-Sarpanch due either to their offices remaining vacant or otherwise the powers, functions and duties of the Sarpanch shall be exercised, performed and discharged by such elected member of the Panchayat and in such manner as the competent authority may direct 1 Provided that- (i) the Sarpanch shall exercise powers and perform functions and duties under Clause (d) to (h); or (ii) the Up-Sarpanch shall exercise powers and perform functions and duties in accordance with Sub-sec. (2); or (iii) an elected member of the Panchayat empowered to act in accordance with Sub-sec. (3); shall exercise powers and perform functions and duties of a Sarpanch; only after seeking prior approval of the Administration and Establishment Committee constituted under Sec. 55-A if the State Government so directs by notification in the Official Gazette.