Amendment status not verified — confirm the current text below against the official source.
(1) Every Gram Panchayat shall be a body corpora re having perpetual succession and a common seal and SIJ,Il! by its corporate name, sue (tile! be sued. (2) A Gran: Punchaynt shnll have power (0 acquire, hold and dispose of property .... and \0 enter into connact: Provided tluu ill cases ofacquistirion or C\iSI)OS;t\or immovable property, the (':rarn P;\IlChaY,11sh;lIl ormin the previous approval of the Sture Government. IS. (I)" Every Gr.un 1'<lIICI1;I),<lt,:;;\VC ,IS otherwise provided ill this Act, shall continue Cor a term or rive ycarx from tile. elate appointed for its first meeting and no longer. (2) 'l~() ;l.Incildmclit oLIIl;,' Jaw Cor the time hcii1g in force shall have theeffect or ~. Disqualijlca- cion of mcm- bas of Gram Panchayat. Subluiptui aiut Up,So!Jllopoii, 5 causing dissolution or a Gram Panchuyat, which is functioningimmediately before such amendment till the expiration of its duration specified in sub-section (1),. (3) The election to constitute a Gram Panchnyat shall be completed- (a) before the expiry of its duration specified in sub-section (1); -... (b) in the case of dissolution, before the expiration of a period of six months from the date of its clissolution: Provided that where the rcmai nder of the period for wl: ich the dissolved Gram Panchayat would h:1VCcontinued is less than six months, it shall not be necessary to hold ~llly election under this clause for constituting the Gram Pnnchuyat for such period, (4) A Gram Panchnyut constituted upon the dissolution of a Gram Panchayat before the expiration of its durution, shall continue only for remainder of the period for which the dissolved Gram Panchaynr would have continued under sub-section (1) had it not been so dissolved, Hi, A person shall be disqualified for being chosen as and for being, a member of a Gram Panchayat- (a) if he is so disqualified by or under any law for the time being in force for the purpose of elections to the Legislative Assembly of Sikkim: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has nrtuincd the age 0)' twenty-one years; or (b) if he is a member 01' it Nagai' Puuchnyut esrablished under the la w relating to constitution of such Nagar Panchayat for the time being in force; or (c) if he holds any office of profit under a local authority or a co-operative society or a Government company or a Corporation owned Ol"controlled by tl:c Central or the State Government; or (d) has been dism issed l'r0111the service of n S tare Government or the Central Government or a local aurhority or a Co-operative Society or a Government company or :1 Corporation owned or controlled by the Central or the State Government for misconduct; or (e) if he is of unsound mind und SI,ll1ciso declared by a competent court; or (nil' he is an undisch.uge« insolvent; or (g) if he is suffering from a variety of leprosy which is infectious ; or (h) if he is convicted of an election offence; or (i) iI: he has been convicted by a COLIrt of an offence involving moral turpitude and sentenced to imprisonment for a term exceeding six months; or (j) if he has not paid any arrear in respect of any tax or rate or fee payable to a Gram Pnnchnyat or it Zilla Pnuchnyat or a Nagar Panchnyat or the State Government: Provided that the disqualification under this clause shall cease upon payment of the rate 01"tax or fee; or (k) if lie hus directly OJ" indirectly by himself or by his partner or employer or an employee, hold any share or interest in any contract with, by or On behalf of a Zilla Panchaynt or a Gram Pnnchuyat: Provided ihnr u person sl1,11Inot be deemed to have incurred disqualification by reason 01' his huviug ,I share or interest in uny public COJ1lp~ln)' or registered co- oper:u ivc society \vlt ich has II CO!ltrucr wi I11 01' is employed by It Gram Panchuyat or a Zilla Pauchay.u of the rlisn'icr. 17, (J) Every Gram Pnnchayut shull, at Itsfirst meeting at which a quorum is present, elect Dill' or its members to be t lie Subhu pnti ~\11c1another member to be the U p-Snbhapari of the Gram Pnnchnynt ill such 111:,11111CI' us may be prescribed, (2) Tile State Goverumcnt shall, by notification reserve- C\) such number of offices of S,lhh:1j)~lti ,lml Up-Sabhupari of Gram Pan- chnynts ill each district for the Scheduled Castes ~llld the Scheduled Tribes ~tiicl t::': number of sllch offices shull \)\:':\1' as nearly as may be, the same proportion to the total number of offices ill the district ax the population of the Scheduled Castes and of the Election or nomination qj' Sabliapati, Up- Sabhapati, Sa- chiva andrueni- hers to be pub- lished. First meeting of Gram POIl- cliayat. Meeting of Gram Pan- cliayats. 6 Scheduled Tribes in the district bears to the total-population of the district; (b) not less than one-third of the total number of offices of Sabhapati and U p- Sabhapati of the Gram Panchnyat of the district from each of the categories which are reserved for persons belonging to the Scheduled C(t'S(CS nne! the Scheduled Tribes and of those which are reserved for women: Provided that the offices reserved under this sub-section shall be allotted by rotation to different Gram Pnnchnyars in such manner as may be.prescribed. Explcn ationi- For the removal of c101lbt it is here by declared that the principle of rotation for purposes of reservation of offices under thi s sub-section shall commence from the first election to be" held after tile commencement of this Act. (3) TIle Sabhapati and Up ..Sabhaputi shall, 5Ubjccr to the, prov ision of section 27 and to their continuing as mr-nbers, hrild office for a period of five years. (4) Whl:n- (a) the office of the Sabhnp.ui falls vacant by reason of death, resignation, removal OJ' otherwise: or (b) the Sabhapnti is, by reason of leave, illness or other cause, temporarily unable to act, the Up ..Sabh'!j)'iti shall exercise the powers, perform the functions and discharge the .:-;::.. duties of the Snbhnpati until a new Sabhapnii is elected aile! assumes office or until rhe Subhupati resumes his duties, ,IS the case 111<1ybe. (S) Whcn- (a) tile office ofthe 1.1p-Subhupnri falls vacant by reason of death, resignation, removal ,,1' (J\ hcrwise; or (b) the Up-Subhapau is.by reason of leave, illness or other cause, temporar- ily unable to act, the Sabhapnri shall exercise the powers, perform the functions apd discharge the duties of the Up-Sabhapuri until a new Up-Sabhupati is elected andassumes office or until the Up-Sabhapnri resumes his duties, as the case may be. (G) When the office of the Subhapati and the Up-Sabhapnti are both vacant, or the Snbhapnri aud Up-Sabhupari are temporarily unable to act., the prescribed authority may appoint a Sabhnpari and Up-Snbhnpnri from among the members of the Gram Panchnyat to 'let ,IS such until a Snbhupnti and Up-Sabhapati are elected and assume office. 18, Every election or nomination of a Sabhapnti, Up-Sabhapari, Suchiva and members of Gram Pnnchnyni, ,IS the case may be, shall be published by the State Government by notific.uion and such personsshall enter upon their respective offices from the date of such publication: Provided that if no such publication has been made the Sabhapnti, Up- Sabhqnti, Suchivn and members shall be deemed to have enrcrcd upon their respective offices [,',,:n the dare of declaration ofresult of their election or nomination, as the case