The SIKKIM PANCHAYAT ACT,1993
sikkim · 1993
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Section 1 establishes various Standing Committees at all Panchayat levels for specific functions like finance, welfare, health, and education.
- S. 2Section 2 of the Sikkim Panchayat Act, 1993, outlines the functions of the Village Panchayat, including planning, social welfare, fund management, and community development.
- S. 03(J) All /\di::\k~;hya, or un Up-Adhnkshyn or a member of a Zillc) Punchayat may resign his office by notifying in '
- S. 3Section 11 of the Sikkim Panchayat Act, 1993 outlines the functions of the Ward Sabha, including development planning, social welfare, and public utility suggestions.
- S. 4(I) When an area is excluded from a Gram under clause (a) of sub-section (5) of section 3, such a
- S. 5Section 5 of the Sikkim Panchayat Act, 1993, outlines the dissolution and asset transfer of a Gram Panchayat when merged with a Nagar Panchayat.
- S. 6Section 6 vests election superintendence, direction, and control of local bodies in the State Election Commission.
- S. 7In the Principal Act, after section 16, the following new section shall be inserted namely:-" i6A
- S. 7RSection 7R empowers the Sikkim State Government to create rules for imposing, assessing, and collecting taxes, rates, and fees.
- S. 8Section 8 outlines the executive powers and duties of Sabhapati and Up-Sabhapati in Panchayat governance.
- S. 9Section 9 amends the principal act to elect Adhakshya and Up-Adhakshya from directly elected members of Zilla Panchayat.
- S. 10Section 10 of the Sikkim Panchayat Act, 1993, outlines the Gram Sabha's role in recommending and suggesting matters to the Gram Panchayat and performing functions like mobilizing resources and identifying beneficiaries.
- S. 10SSection 10S resolves disputes between local panchayats by referring them to higher authorities: Zilla Panchayat or State Government.
- S. 11Section 11 removes clause (4) and adds that a Gram Panchayat member from a political party must leave if they leave the party.
- S. 12Section 12 establishes self-governing Gram Panchayat institutions in each Panchayat area, divided into wards based on population.
- S. 13Section 13 of the Sikkim Panchayat Act, 1993 outlines the composition, election, and reservation of seats for Scheduled Castes, Tribes, and women in Gram Panchayats.
- S. 14Section 14 establishes the legal status, property rights, term, and election process for Gram Panchayats in Sikkim.
- S. 15Section 15 of the Sikkim Panchayat Act, 1993 mandates Gram Panchayats to record births and deaths within their jurisdiction.
- S. 16In the Principal Act, after section 39,the following new sections shall be inserted, namely:- "39 A
- S. 17Section 17 amends Section 130 to insert new clauses and sub-sections regarding the election of Zilla Panchayat officials and rule-making procedures.
- S. 18In the principal Act, after section 48, the following section shall be inserted, namely :- "48 A
- S. 19(1) Nowithstnnding <illyvacancy in themcnlbershipoftl!>!
- S. 20(1) Every Gram Pnnchuy
- S. 21Consideration of question disposed of by Gram Panchayal
- S. 22Section 22 of the Sikkim Panchayat Act, 1993 outlines the procedures for conducting meetings of Gram Panchayats, including notice requirements, emergency meetings, and record-keeping.
- S. 23In the Principal Act, after section 66, the following section shall be inserted, namely ;- "66 A
- S. 24In the Principal Act, after section 76, the following new sections shall be inserted namely:- "76 A
- S. 25In the Principal Act, after section 85, the following new section shall be inserted namely:- "85 A
- S. 26Section 26 allows members of a Gram Panchayat to resign or be removed by a majority vote, with specific procedures for communication.
- S. 27In the Principal Act, after section 123, the following section shall be inserted namely:- ~:
- S. 28Section 28 mandates the State Government to form District Planning Committees to consolidate local plans and draft district development plans.
- S. 29In the Principal Act, after section 132, the following section shall be inserted
- S. 30Section 30 of the Sikkim Panchayat Act, 1993, outlines the process for filling casual vacancies in the office of a Gram Panchayat member and the election of a secretary.
- S. 31Sachlva of Gram Panchayat
- S. 32Resignation Qf Sachlva
- S. 33Section 33 allows the Gram Panchayat to remove a Sachiva and fill the vacancy, while barring the removed Sachiva from re-election.
- S. 34—
- S. 35Other duties of Gram Panchayat
- S. 36Section 36 vests all property within a Gram Panchayat's jurisdiction, except government-maintained property, in the Panchayat for its direction, management, and control.
- S. 37Section 37 allows the State Government to allocate public property to a Gram Panchayat, which cannot sell it without permission, and can be resumed by the State for public purposes.
- S. 38Section 38 allows Gram Panchayat to acquire land for public purposes through negotiation or application to the District Collector.
- S. 39Section 39 establishes a Gram Panchayat Fund for local governance, detailing its sources of funding and management.
- S. 40Section 40 of the Sikkim Panchayat Act, 1993 allows Gram Panchayats to levy various taxes and fees for public utilities and sanitation, subject to state-fixed rates.
- S. 41Section 41 empowers the State Government to regulate taxes, rates, and fees as specified in a notification.
- S. 42Section 42 allows appeals against taxes, rates, or fees under Section 40 to a prescribed authority, with a final decision.
- S. 43Any arrear of tax, rate or fee levied under section 40 shall be recoverable as arrears
- S. 44Section 44 mandates the District Collector to recover and credit dues from the Gram Panchayat Fund.
- S. 45Section 45 empowers the State Government to abolish, suspend, or reduce excessive taxes set by Gram Panchayats and to exempt individuals or properties from taxes.
- S. 46Section 46 mandates Gram Punchuyuts to prepare and submit annual budgets for approval by the State Government before incurring any expenditure.
- S. 47Section 47 allows a Gram Panchayat to prepare and submit supplementary budget estimates to the State Government via the Zilla Panchayat.
- S. 48Section 48 mandates the maintenance of accounts for Gram Panchayats and their auditing by designated officers.
- S. 49Section 49 establishes the formation and election of Zilla Panchayats in districts based on population proportions.
- S. 50Section 50 outlines the appeal process for removed Zilla Panchayat members and rules for filling vacancies and disqualifications.
- S. 51(I) Every Zi ll
- S. 52Section 52 outlines the term, dissolution, and election process for Zilla Panchayats in Sikkim.
- S. 53Section 53 makes the disqualification rules for Gram Panchayat members applicable to Zilla Panchayat members.
- S. 54(1) Every Zilla Pnnchayat shall, at its first meeting at which a quorum is present, elect ill such mariner ~ISthe State
- S. 55Section 55 mandates the State Government to publish elections or nominations for Adhakshya, Up-Adhakshya, and Ziila Panchayat members, with officials assuming office upon publication.
- S. 56Section 56 mandates the prescribed authority to convene a meeting to elect Adhakshya and Up-Adhakshya in Zilla Panchayat despite membership vacancies.
- S. 57Section 57 mandates Zilla Panchayat meetings at least quarterly, quorum requirements, and special meeting requisitions.
- S. 58Reconsideration of questions disposed of ~ Zilla Panchayat
- S. 59Section 59 outlines the notice requirements and language for conducting business meetings of the Zilla Panchayat in Sikkim.
- S. 60' Powers and duties of Adhakshya
- S. 61Section 61 allows the Up-Adhnkshy to preside over and manage Zilla Panchayat meetings in the absence of the Adhakshy.
- S. 62Section 62 allows a Zilla Panchayat member to propose resolutions and ask questions about local administration and rural projects.
- S. 63Rosigl'lntiol1, c;f Adhakshya or Up-Adhakhsya or a Member
- S. 65Section 65 of the Sikkim Panchayat Act, 1993, mandates the Zilla Panchayat to elect a new Adhukshya or Up-Adhakshya when one is removed or a vacancy arises.
- S. 66Section 66 allows removal of Zilla Panchayat members for criminal conviction, disqualification, specified misconduct, or absence without leave.
- S. 67Fillinn of casual vacancy of elected member of Zilla Panchsys' GB
- S. 69Section 69 empowers Zilla Panchayats to regulate local fairs, maintain public infrastructure, manage public utilities, and coordinate development plans with State Government approval.
- S. 70(1) Subject to such condition as may b,-~imposed by the State Government
- S. 71Joint execution of schemes by two or more Ziila Panchayat
- S. 72A Zilla Panchayat shall exercise
- S. 73All roads, buildings or other works constructed by a Zilla Punchaynt with its own funds shall vest in it
- S. 74Section 74 allows the State Government to allocate public property to a Zilla Panchayat and to resume it for public purposes without compensation.
- S. 75Section 75 allows Zilla Panchayat to acquire land for public purposes by negotiation or through the District Collector under Sikkim Land Act, 1977.
- S. 76Section 76 establishes a Zilla Panchayat Fund for local governance, detailing its sources of income and annual administrative expenses.
- S. 77Section 77 empowers Zilla Panchayat to levy various taxes, rates, and fees for public utilities and sanitation, subject to state government regulation.
- S. 78"{9
- S. 80Section 80 allows Zilla Panchayat to treat tax, rate, or fee as land revenue or public demand arrears if it passes a resolution.
- S. 81Section 81 mandates the District Collector to recover and credit dues to the Zilla Panchayat fund upon satisfaction of the demand.
- S. 82Section 82 allows the State Government to reduce, suspend, or abolish excessive taxes or fees imposed by Zilla Panchayats.
- S. 83Section 83 mandates Zilla Panchayats to prepare annual budgets and supplementary estimates for approval by the State Government.
- S. 85A Zilla Panchayat shall keep such accounts in such manner as may be prescribed
- S. 86Audit of accovnts of fund
- S. 87Section 87 mandates the production of Gram Panchayat or Zilla Panchayat fund accounts for audit and grants auditors powers to request documents, appearances, and explanations.
- S. 88Power of Auditurs
- S. 89Section 89 penalizes neglect or refusal to comply with auditor's requisitions under Section 88 with a fine up to ₹2,000 per item.
- S. 90Section 90 mandates the auditor to submit a detailed report on grants, expenditures, and any irregularities to relevant local bodies and the State Government within two months.
- S. 91Section 91 mandates Gram Panchayats and Zilla Panchayats to correct reported defects and, if insufficient, directs the auditor to refer unresolved issues to the State Government for final orders.
- S. 92Section 92 of the Sikkim Panchayat Act, 1993, outlines the Auditor's authority to disallow illegal expenditures, surcharge responsible parties, and hold them liable for incurred losses.
- S. 93(1) /vny person 1'1'0111whom
- S. 94Payment of cartified sums
- S. 95Certain costs and expenses payable out of Fund
- S. 96Section 96 defines "Commission" as the State Finance Commission established by the Governor under Article 243 I of the Constitution.
- S. 97The Chairman of tile Commission shall be selected from among persons
- S. 98Before appointing a person to be a member of the Commission, the Governor shall satisfy himself that the person will hav
- S. 99Section 99 disqualifies individuals with unsound mind, insolvency, moral turpitude, or conflicts of interest from serving on the Commission.
- S. 100Section 100 allows members of the Commission to hold office for a specified term, be reappointed, or resign by letter to the Governor.
- S. 101The members of the Commission shall render whole-rime or part-time service to the Commission as the Governor m
- S. 102Section 102 grants the Commission powers equivalent to a civil court to enforce witness attendance, document production, and public record requisition.
- S. 103Section 103 vests the State Election Commission with control over Gram and Zilla Panchayat elections.
- S. 104Every mcm bel' 01' a G rum P:\ nch uyat or 01' Zi Ilu h\ nchay
- S. 105Section 105 ensures that vacancies or defects in Gram Panchayat or Zilla Panchayat do not invalidate their proceedings.
- S. 106Section 106 deems members, officers, and employees of the Panchayat to be public servants under the Indian Penal Code.
- S. 107Section 107 protects Gram Panchayat and Zilla Panchayat members and officials from legal action for good faith actions under the Sikkim Panchayat Act, 1993.
- S. 109Section 109 empowers state officials to inspect and supervise rural development works of Gram Panchayats and Zilla Panchayats.
- S. 110Section 110 allows the State Government to rescind resolutions passed by Gram Panchayats or Zilla Panchayats if they are deemed illegal, abusive of power, or dangerous.
- S. 112Section 112 allows the State Government to remove panchayat officials for willful neglect or abuse of duties.
- S. 114If, in the opinion of the State Government, any Gram Panchayat or Zilla Panchayat-
- S. 115Section 115 of the Sikkim Panchayat Act, 1993, mandates that upon supersession, Gram Panchayat or Zilla Panchayat members vacate their offices, and state government-appointed authorities take over their functions.
- S. 116If a
- S. 117Section 117 makes electoral offenses from national or other state laws applicable to Gram Panchayat elections in Sikkim.
- S. 118The State Governmentshull have the same powers in the matter of
- S. 119Section 119 of the Sikkim Panchayat Act, 1993, allows challenging a panchayat election on grounds of bribery, undue influence, or non-compliance with the Act.
- S. 119ASection 119A allows appeals to the Appellate Authority against orders made by the Prescribed Authority under section 119.
- S. 120lf any question arises us to whether a person has become subject to any clisqual i ficutiou
- S. 121III the event of an outbreak I <I
- S. 122Section 122 mandates the Panchayat or Zilla Panchayat to annually submit a report on past and upcoming work to the State Government.
- S. 123The Slate Government may, by notification, place at the disposal of a Gram Panchny
- S. 124Power to scl;le disputes
- S. 125The Slate
- S. 126Section 126 provides for travel and meeting allowances for Gram Panchayat and Zilla Panchayat members, paid from respective funds.
- S. 127(I) The St,IIC GOVClllJ11CIllxhnll constitute in every district a Committee-called tile District Planning Committee
- S. 128Penalty
- S. 129No person shall contest the election to any Panchayatwith the support, direct or indirect, of any political party
- S. 130(l) Thc-St,\te Govcrnment-mny, by nori ficntiori, illake rules for carrying out the purposes of this Act
- S. 131Section 131 allows the State Government to issue orders to resolve difficulties in implementing the Act, but only within two years of its commencement.
- S. 132Repeals Sikkim Panchayat Act, 1982, but preserves existing Panchayats, rights, and legal proceedings under the repealed Act.
- S. 134t8~i
- S. 1193Save as otherwise provided, no suit or other proceeding shall suits and lie in any court
- S. 1993B
- S. 1995The following Act of the Sikkim Legislative Assembly Secretariat having received
- S. 1997Section amends the Sikkim Panchayat Act to update and enhance local governance provisions.
- S. 2004(2) It shall come into torce on the date of its publication in the Official Gazette
- S. 2010(2) It shall come into force on the date of its publication in the Official Gazette