Sikkim Panchayat Act, 1993
No: 6 Dated: Oct, 18 1993
THE SIKKIM PANCHAYAT ACT, 1993
(ACT NO, 6 OF 1993)
An Act to consolidate and amend 'the law relating to Panchayats and to provide for the constitution and organisation of Panchayats as units of Self-Government in Sikkim in accordance with the provisions of Part IX of the Constitution as inserted by the Constitution (Seventy-Third Amendment) Act, 1992 and for matters connected therewith and Incidental thereto.
BE it enacted by the Legislative Assembly of Sikkim in the Forty-forth Year of the Republic of India as follows :
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Sikkim Panchayat Act, 1993.
(2) It extends to the whole of Sikkim except the areas which may hereafter be declared as or included in the Nagar Panchayat.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas and for different provisions of the Act.
2. Definitions. - (1) In this Act, unless the context otherwise requires:
(a) "Adhakshya" means an Adhakshya of a Zilla Panchayat elected under sub- section (1) of section 54;
(b) "Auditor" means and auditor appointed under sub-section (2) of section 48;
(c) "District Collector" means the Collector of the District;
(d) "District Development Officer-cum-Panchayat Officer" means the District Development Officer-cum-Panchayat Officer of the District appointed by the State Government;
(e) "Governor" means the Governor of Sikkim;
(f) "Gram" means any village or part of a village group of adjoining villages or parts there of declared by the State Government to be a Gram under sub- section(1)of section 3;
(g) "Gram Panchayat" means a Gram Panchayat constituted under section 12;
(h) "Nagar Panchayat" means a Nagar Panchayat and includes a municipality, municipal committee or corporation or such other body by whatever name called constituted under the law relating to such Nagar Panchayat for the time being in force;
(i) "Notification" means the notification published in the Official Gazette;
(j) "Prescribed Authority" means an authority appointed by the State Government by notification,for all or any of the purpose of this Act.
(k) "Sabhapati" means a Sabhapati of a Gram Panchayat elected under sub-section (1) of section 17;
(l) "Secretary" means the Secretary to the Government of Sikkim in the Rural Development Department and includes an Additional Secretary, Joint Secretary, Deputy Secretary and Under Secretary of that Department;
(m) "State Government" means the Government of the State of Sikkim;
(n) "Up-Sabhapati" means an Up-Sabhapati of Gram Panchayat elected under sub-section(1) of section 17;
(o) "Up-Adhyaksha" means an Up-Adhyaksha of Zilla Panchayat elected under sub-section (1) of section54;
(p) "Zilla Panchayat" means a Zilla Panchayat of a district constituted under sub- section (1) of section 49;
(2) Words defined in the Constitution (Seventy-Third) Amendment Act, 1992 but not defined in this Act shall have the same meanings as respectively assigned to them in the Constitution (Seventy third Amendment) Act, 1992.
CHAPTER II
Constitution of Gram and Gram Sabha [or Ward Sabha]
3. Constitution of Gram, its name and jurisdiction. - (1) Subject to the consideration of local conditions, the State Government may, by notification, declare for the purpose of this Act any village or part of a village or a group of adjoining villages or parts of there of to be a Gram.
(2) As soon as may be after the constitution of a Gram under sub-section (1), the State Government may,by notification,divide each Gram into wards and each ward shall as far as possible, comprise of a Revenue Block.
(3) The State Government, may, by notification, specify the number of members to be elected from each ward having regard to the number of voters in such ward and such other considerations as the State Government may consider appropriate.
(4) The notification under sub-section (1) shall specify the name of the Gram by which the Panchayat shall be known shall specify the local limits of such Panchayat.
(5) The State Government may, after making such enquiry, as it may think fit and/or after obtaining the views of the Gram Sabha [or Ward Sabha], by notification;
(a) exclude from any Gram any area comprised therein;or
(b) include in any Gram any area adjoining to such Gram;or
(c) divide the area of a Gram so as to constitute to such Gram;or
(d) unite the areas of two or more Grams so as to constitute a new Gram.
4. Effect of alteration of the area of Gram. - (1) When an area is excluded from a Gram under clause(a)of sub-section (5) of section 3, such area shall, as from the date of the notification referred to in that sub-section cease to be subject to the jurisdiction of the Gram Panchayat of that Gram and, unless the State Government otherwise directs, all rules, orders, directions and notifications in force in that Gram shall also cease to apply to the area so excluded.
(2) When an area is included in a Gram under clause (b)of sub-section (5) of section 3 the Gram Panchayat for that Gram shall, as from the date of the notification referred to in that sub-section have jurisdiction over such area and, unless the State Government otherwise directs, all rules, orders, directions and notifications in force in that Gram shall apply to the area so included.
(3) When the area of any Gram is divided under clause (c) of sub-section (5) of 3 so as to constitute two or more Grams, the Gram Panchayat of that Gram shall, as from the date of the notification referred to in that sub-section, cease to exist and there shall be reconstitution of the Gram Panchayat for the newly constituted Grams in accordance with the provisions of this Act.
(4) When the areas of two or more Grams are united under clause(d)or subsection (5) of the said Gram shall, as from the date of the notification referred to in that sub- section, cease to exist and a separate Gram Panchayat shall be constituted for the new Grams in accordance with the provisions of this Act.
(5) When under sub-section (5) of section 3 any area is excluded from, or included in a Gram or a Gram is divided so as to constitute two or more Grams, or two or more Grams are united to constitute a new Gram, the properties, funds and liabilities of the Gram Panchayat or Zilla Panchayat affected by such reconstitution shall vest in such Gram Panchayat or Zilla Panchayat in accordance with such allocation as may be determined by order in writing by the Prescribed Authority, and such determination shall be final.
(6) An order made under sub-section (5) may contain such supplemental, incidental and consequential provisions as may be necessary to give effect to such reconstitution.