Andaman and Nicobar Islands (Panchayats) Regulation, 1994

3. The Administrator shall, by notification in the Official Constitution of Gazette, constitute a Gram Sabha for each village comprised Gram Sabha, within the area of a Gram Panchayat 4 (I) A Gram Sabha shall consist of persons registered in the Composition of electoral ro~s relating to a vlllage or group of villages Gram Sabha comprising the area of a Gram Panchayat Provided that a person Shall be disqualified for being a member of the Gram Sabha Wh&- a) is less than 18 years of age; b) is bit a citizen of India; c) is of unsound mind and stands so declared by competent court: and d) is not ordinarily a resident wtthin the village for wrnch the Sabha is constituted. (2) A pe,son shall be deemed to be ordinarily resident In a vlllage if he has been ordfnarily reslding fn such village or is in possession of a dwelling House therein ready for occupatiOn, 5, Every Gram Sabha shall, by the name notified in the Official Incorporation of Gazette under section 3 be a body corporate having perpetual Gram Sab!la succession and a common seal and shall, subject to such restrictions and condftion imposed by or under-this Regulation have power to acquire , hold. administer and transfer property, both moveable and immoveable, and to enter into any contract and shall, by the said name, sue or be sued: Provided that the powers and duties of the Gram Sabha shall save as otherwise expressly provided in this Regulation, be exercised, performed and dfscharged by the Gram Panchayat constituted under section H. 6 (1) The Administrator may in consultation with the Gram Alteration in area Sabha or the Gram Sabhas concerned, at any time by of Gram Sabha. notification in the official Gazette,- ('.cll include any area in a Gram; , , t;:ic:.d,:; any rlre;:; from;-, Gram: 0r ·i;e,•_! ;re that any local arc;~ shall c:eJse to b'c: ~~ ·· ·,._ t,<,;;: Li/ a notiflcat;on under sub•section (I), 3nv arr:,• ,: .. 1J:·d ;u t,ram, such di"Nl., sh;;il! thereby become; su~>jc:.:;_ 1:1 ;;;' 1 nnt1fications, rules, bye-laws and orders made under this Rt.,wlation or any other law in force in the area within the 1w1!:.tiicti0n of the Gram Sabha. {3) Where, by notificatb: .. mJDr sub-section (I), the whole of the area Df a Gram cease'' · • '.J'' @ Gram, the gram Sabha shall ceac-;e 10 r~,ic•, :~•id its 2"e liat,i!ities shall be disposed of 111 the pre:,._,, ·,~•1 ''l:::-•,;,,, ~ :,:iti. c! ,,uch area ceases to be a gr.;::irn ,. ,,:; J. ,,,:,:1icC,0_ :., :-:ifTl Sabhd shall be reduced by ttiat part 7. {I) A member of a Gram Sabha shall cease to be a member, Cessation of [- Membership (a} he 1s disqualifiOO unde( section 4 : or (b) ttre area where he resides has been excluded from the Jurisdiction of the Gram Sabha; or c) he ceases to be ordinarily resident within the jurisdiction of the Gram Sabha. (2) Where any person ceases to be a member of a Gram Sabha under sub-section{ 1) he shall also cease to tl:ild any office to Which he may have been elected or appointed by reason of his being a member thereof.

8. On the constitution of a Gram Sabha, the Assistant Electoral Roll of commissioner, under the superintendence, direction, and members control of the Election Commission, shall cause, to be prepared an electoral roll in the prescribed manner of all persons ordinarily residing within the jurisdiction of the Gram Sabha; such electoral roll shall, among other things, contain the names of all persons entitled under section 4 to be the members of the Gram Sabha on the date of constitution and shall be revised atleast once a financial year in the prescribed manner. 9 (1) Every Gram Sabha shall hold general meetings in each Meetings of financial year, one in the month of October or November and Gram Sabha the other in April or May: Provided that the Pradhan shall, upon a requisition in writing by not less than one fifth of the number of members, within thirty days of the receipt of such requisition, call an extraordinary general meeting of the Gram Sabha. (2) The Pradhan or in his absence, Up.Pradhan or in the absence of both any persons chosen by the Gram/Sabha shall preside at such meetings. (3) The notice of the time and place of all meetings of the Gram Sabha shall be gl\len in the prescribed manner. (4) One-tenth of the total number of members of the Gram Sabha shall fonn the quorum for a meeting. 10(1) The Gram Panchayat shall place before the Gram Sabha Work at general at its meeting in April or May~ meeting (a) the annual statement of accounts: (b) the report of the Administration of the preceding financial year; (c) the devc!opmer.: ·'.tier pronr.1inmes of work proposed for that fina,1cial f\'.:'~' ' (d) the last Jlldit l"L! :copliG r 1,'.e thereto (2) it shall be orer- :,: Grarr -'.::,1bha to d1scu:;s ;;iny or all of the matters pfacc(i bt/ore L ,moer sub•sectio,1 (1) and the Gram Panchayat shall consider the suggestion, if a~y made by the Gram Sabha. (3) A Gram Sabha shall carry out such other f~::: ,,·11:-. as the Administrator may, by a general or special order, r1<;,,i, e. CHAPTEH i!' THr-- GRAM PANCHAYAT. i ::C' Cui"l',;titution o-l i '1 \ 1) As soon as may be, after its co;,~ciwtior; ~v, 1·1 '••,,am Gram Sabha, shall elect from amongst its members an Executive Panchayats Committee called the Gram Panchayat and Chairperson of that Committee called the Pradhfm. (2) A Gram Panchayat shall, consist of such number of seats, including the Pradhan not being less than nine or more than fifteen, as the Deputy Commissioner may detennine. (3) The ratio between the population of the territorial area of a Gram Panchayat and the number of seats in that Panchayat to be filled by election shall, so far as practicable, be the same throughout the Union Territory. 6 (4) Each Gram Pancnayat area shall t,e divided by the Election Commission into terntmial constituencies in such manner that the ratio between the population of earn constituency and the number of seats allotted to it shall, so far as practicable, be the same thmughoui the Gram Panchayat area. (5) Seats shall be reserved for the Scheduled Tribes in every Gram Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Gram Panchayat as the population of the Scheduled Tribes in that Gram Panchayat area bears to the total population of that area and such seats shall be allotted by the Election Comm1SSWn t,y r-Ptation to different constituencies in~ !rain Parn.!- · -- ~+_ in <: :- -,,anner as may be prescribed. Provided that no such reseNation :i:. ;; '...J- necessar,i if the total population of the Scheduled Tribes ,n n Gram Panchayat is less than half the proportionate population required to fill one seat. {6) Nat les3 trnn one-third of the total nurnners of the sea;s reserved tr,iL-r sub-sect!on(5}, shall be rese1\•ed fot women be!cm9ing 1/) ::: · • ,;du!ed Tribes. {7) ~LA '·: 0ne-third(L1dudfng the number of sc.>"1;_:, resc:, ,,ct !o! ,1•. , .:on belong.inu to the Scheduled Tribes) of .,; '; totu! r1umbc: 01 ?,e::11s. to be ftned by dire.et election !n t,v~,ri: Gram Panchayat shall be reserved for women arid such sea1s may be allotted by the Election Commissfon Dy rotation to different constituencies In a Gram Panchayat in such manner as may be prescribed. (8) The number of seats to be reserved under sub-section(6} and (7) shall be determined by the Administrator, by an- order published in the Official Gazette. (9) Subject to any general or special order of the Administrator, the Deputy Commissioner shall reserved - (a) the number of offices of Pradhans in the Gram Panchayats for the Scheduled Tribes which shall bear, as nearly as may be, the same proportion to the total number of such offices in the Gram Panchayats as the population of the SCheduled Ttlbes in the area of Union territory to which the Regulation extends bears to the total population of such -area. (b) not less than one thitd of the total number of offices of Pradhans in the Gram Panchayats formmen: Provided that the offices reserved under this sub-section sh:all be allotted by the Eleetion commission by rotation to different Gram Panchayat in such manner as may be prescribed. 12(1) Every member ot a Gram Sabha shall, unless Persons qualified disqualified under this Regulation or any other law for the time to vote and be being in force, be qualified to vote at an election to the Gram elected Panchayat or at a meeting of the Gram Sabha; , (2) Every member of a Gram Sabha shall, unless disqualmed under this Regulation or under any other law for the time beirg in force, be qualified to be elected to fill uP a seat In the Gram Panchayat as a member or as its Pradhan or as both: Provided that if a person is elected to both the offices of a member as well as Pradhan, tie shall resign either of the two offices within a period of fourteen days from the day of the Publi<>ation of the result in the Official Gazette, failing which his seat lo the Gram Panchayat shall become vacant 7 (3) The vacancy caused by the result of such resignation, shall be filled by holding a bye-election for the purpose.

13. A persons shall be disqualified for being chosen as, and Disqualificatlon for being a member of a Gram Panchayat or its Pradhan if he- (a) has failed to pay any tax, fee or other sum due to the Gram Sabha within three months from the date on or before which such tax, fee or other sum is required to be paid, or (b) holds any salaried office or place of profit under the Gram Sabha or the Gram Panchayat, •or (c) has directly or indirectly any share or monetary interest in any work donr• ·,r to the Grc1m Princhayat or in any contract or employrrp, under __ · L, or on behalf of, the Gram Sabha ,or (d) is a servant of His Government or any municipality, or (e) has been dismissed from the service of the Government or municipality for misconduct or, 2 of 1974 (f) has not attained the age of 21 years, or (g) has been ordered to give security for gcod behaviour under section 109 or 110 of the Code of \.'.,in/,:_'! Procedure, 1973, or (h) has been convicted by a crirnina! court of any offence involving violence or moral turpitude and sentenced to imprisonment for not less than three months and five years have not elapsed since his release, or (i) is without peffilission of the Gram Panchayat, absent from three of its cons£utive meetings, a U) is of an unsound mind and has been so declared by a corn 1etent court, or (k) has been declared by a rnmpetent court to be an insolvent, or (I) has been disqualified under any law for the time being in force by competent court for adopting a corrupt practice or for commission of an election offence at an election during the period of such disqualification, or (m) subject to dause(f) is so disqualified by or under any law for the time being in force for the purposes of elections to the House of the People. Decisions on 14. If any question arises as to whether a person has become questions as to subject to any disqualification referred to in section 4, section 7 disqualification or section 13, it shall be referred to the Deputy Commissioner for decision and his decision thereon shall be final: Provided that before giving any decision on my such question, the Deputy Commissioner shall obtain the opinion of the Election Commission and shall act according to such opinion. Prohibition 15. The Pradhan or the Up-Pradhan shall not hold any office in against holding the Nyaya Panchayat. office Election of Up- 16. (1) On the constitution of a Gram Panchayat for the first Pradhan time under this Regulation or on the expiry of the teffil of a Gram Panchayat or on its reconstitution, a meeting shall be called on a date fixed by the Assistant Commissioner for the election of the Up-Pradhan. 8 (2) The Assistant Commissioner shall prestde at such meeting but shall not have the nght to vote, (3) No business other than the election of the Up-Pradhan shall be transacted at such meeting, (4) ln case of equality of votes. the result of the election shall be decided by lots drawn Jn the presence of the Assistant Commissioner in such manner as he may determine. ::>radhan to be 17. The executive pawers of the Gram Panchayat under this :.;e Executive. Regulation and the responsibility for the due fuffilment of the duties imposed on the Gram Pancflayat under !his Regulation and for canying out the resolution of ltie Gram Panchayat shall vest in !tie Pradhan, 18( 1) The Gram Panchayal, unless sooner dissolved under any Duration of law lbr ttie nme being in force, shall continue for five years from Panchayat the date appointment !or its first meetings and no longer, (2) Notwi!hstanding anylhing contained in sub-section (1) the members of the Panchayats functioning immediately before the coming into force of the Regulation shall continue to hold their office ml the exptration of the terms prescribed under sub-- section(1) of section 21 of the Andaman and Nicobar Islands (Panchayats) Regulation, 1961 as tt stood before its repeal, {3) An election to constitute a Gram Panchayat shaU be completed• (a} before the expiry of its duration specified in sub-section {1); (b} before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Gram Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Gram Panchay~\ for :;,:r:od. A Gr:.ir~ P.'.lnchayat ,,onstitt:tNl uµo;, ;-f ''.., , , P;inct1:Jy;:it before the exµiration on 11.:- , nnly fo1· the remainder cf the periL1i.i P , !: ·. ·:,- : ,.<· , ed Gram Panchayat would have contim..;:>, 1 ,,. -•,--;· ;_,,J11 sccC.:n (1}, had it not been so dissolved. ; As soon as may be. after the first meeting of the G1-3rn VD: -·.l"iayat, every m:·c.r.ber thereof and the P""'_,jhan ;;.h;;1:1 t..;::-r;e the c;.;:ith of office hcfo:'e tne Assistant Commissione1 in tne fo1•,~ <Ol nut in tM Flt'.~t ,'.:.i'::f',c.,.-jJle. c:--. such '.Jath shall vote or ' _:,:y meeting nor shall be inc!~,v as a , 00mUer of dny (.,;i'lmittee constituted by the G!,;1/:1 Panchayat 20(1) Any membe( may resign his office by giving notice writing Resignation of to the effect to the Pradhan and such resignation shall take office, • effect from the date of itS receipt by the Pradhan. (2} The UpapradMn may resign his office by giving notice in writing the Pradhan, but: the resignation shall not take effect @less it is accepted by the Gram Panchayat. ('3} The P,adhan may resign his office by giving notice in writing to the Assistant Commissioner but the resignation shaU oot take effect until it ls accepted by him. 9 21 (1) A motion of no confidence against the Pradhan may be Motion of no- moved bY any member of a Gram Panchayat after giving such confidence notice thereof as may be prescribed. (2) A special meeting of the Gram Panchayat shall be convened within a period of fifteen days from the date cm which the motion has been moved to deffberate or1 and decide the no~ confidence motion. (3) ff the motion of non confidence is carried hy a majority of the total membership of the Gram Pa-nchayat, the Gram Panchayat shall recommend to the Gram Sabha, the removat or the .Pradhan from his office. (4) On receipt of the recommendation under suf>.section(3) a special meeoing of !he Gram Sabha shall be oonvened with a quorum of not less !llan fifteen percent of the total membership of !he Gram Sabha and the Reoommendation shall be approved by a majority of members present and voting. (5) Upon the approval of !he recommendalion under sub- secti0n(4) the Pradban shall cease to hold office after a peritld of three days from the date on which the recommeOOation is approved , unless he bas resigned eariier. (6) if the recommendation of the Gram Panchayat is not approved or there is no quorum in the special meeting of the Gram Sabha, no freSh motion of no conference shall be moved against the Ptadhao in the Gram Panchayat within a period of one year from the date on which the recommendation fails to acquire approval of the Gram Sabha or the date on which the recommendation could not be considered for lack of quorum. (7) Notwithstanding anything contained in this Regulation, the Pradhan shall not preside over a meeting of Gram Panchayat contained under sub~section(2} and of Gram Sabha under sub- sectton {4), but he shall have a right to speak or otherMse take part in the proceedings of sucil meetings. Mo1100 of no 22(1) A motion of no-confidence may be moved by any 1 '!: · .!"m:f' member of a Gra:n '-'::,;q:::hayat ?:Jctinst ; r _ 1 '., Pr;:,dhon after t)iving s~ct1 notice ;.;s, :;.;:,y be prr:scr,t;v.: (2} A spec:iai wet::; J ,",,: Gran, ..:11 ;J;: ·, be convened within a period of l,,'tef"n days :i I Jm the · vr; which 1he mcl!on has been rr,::,v,.,>d to delit,:tate t::i ,Y· ..,iJcii:!e the no• confidence motion. {3) if the motion is carried by a majority of no1 less than two- thi:..is ot the totai number of members of the Gram Panchayat. Uiu · ; • ::'1 Jl1han shall cease to hold office after a period 01 threr; , 1·i • from the da~e on Which the motion is carried unles:; (•l .i:1:Ji11g ariything contained in fr .01_iu,, Ui. . i -~hall not preside over a meetint;,. J r,.u; of nu-vJniiaence is discussed against him, but he snail h<NC a rigl1t to speak or otherwise take part in the proceedings of such meeting.

23. Any casual vacancy in the seat of the Gram Panchayat or Casual vacancy. in the office of Pradhan or Up-Pradhan shall be filled or the rernainder of the duration of the Gram Panchayat by electfon In accordance with the provisions of this Regulation : Provided that in the case of a seat or the office of the Pradhan reserved for Scheduled Tribe or women, no person other than a member of a Scheduled Tribe or a women shall tie qualified to be chosen to fill such vacancy. 10 24(1) There shall be a Secretary for every Gram Panchayat Officers and who shall be appointed by the Administrator and shall draw his servants of the salary and allowance from the Gram Panchayat Fund. Gram Panchayat. (2) The Secretary shall be in charge of the office of the Gram Panchayat and shall perfonn all the duties and exercise all the powers imposed or conferred upon him by or under this Re{:...ilation or any rules or bye laws made there under. (3) f-ubject to rules as may be framed by .tie Administrator regarding discipline and control, the Secretary shall act in all matters under the control of the Pradhan through ·.•horn he shall be responsible to the Gram Panchayat (4) The Gram Panchayat may appoint such other officers and servants and in such number as may, from time to time, be necessary: Provided that it shall not create any post not already provided for in the budget except with the previous approval of the Administrator. (5) The tenns and conditions of seivice of the Secretary and other officers and servants shall be such as may be prescribed. 25(1) The time and place of meetings of a Gram Panchayat Meetings of and the procedure to be followed at such meetings shall be Gram such as may be prescribed. Panchayat. (2) A member of a Gram Panchayat may, at any meeting, move any resolution and put questions to the Pradhan or the Up Pradhan on matters connected with the administration of the Gram Panchayat in the manner prescribed. (3) No resolution of a Gram Panchayat shall be modified, amended, varied or cancelled by the Gram Panchayat within a period of three months from the date of passing thereof except by a resolution supr,or-cd by two~thirds of the total number of n1,?inbers of tt1e Gr."',, ,:.,~:1, :1, ; -_· ai. ;~,,,:) Subjec, ,: and rec:;t•ictions as may he C: pr""<-;cribed, a G;:Jq1 , ·t ;;t may appoint Committees for ex>Jrcising sud1 o: i·'. -.,i:'.ic- ;.id discharµio\J such of its duties and functions as it may spei.ify. (2) A Committee shall consist of not more than five members and may be dissolved or rtccr::1stituted for ::•,-;h reasons and in such manner as may be prescribed.

27. No act 01 proceedirir_; ':.~,,,q F', •y of ;:my Proceedings r,.~. co1 .. ,·11ittee thereof shall b~; ,,., ; • 1 12;,,:"11 to be invalid only of the existence of -'·-•-••..•'1•-~· t in 1i 1e constitution of the Gram Panuw;1at or tne C, .,.nnttees or of ' ' any infirmity in its proceedings. CHAPTER IV POWERS, DUTIES AND FUNCTIONS IN THE GRAM PANCHAYAT tJ11ries and 28(1) It shall be the duty of every Gram Panchayat so far as !:Jr,}:rms the Gram Fund may allow to make reasonable provision within its jurisdiction in regard to the matters specified in the Second Schedule. 11 (2) Subject to the provIsIons of sub-section(1) the Gram Panchayat may also make provision for carrying out within the area of the Gram any other work or measure which is likely to promote the health, safety, education, comfort, convenience or social or economic well being of the residents of the Gram. Control of Gram 29(1) The Gram Panchayat in respect of all roads, streets, Panchayat on bridges, culverts and other properties placed by the certain Administrator under sub-sect;,_1n (1) of section 36 t.:nder its properties direction management and control, may do all things necessary for the maintenance and repair thereof, and in particular, may- a) widen , open, enlarge, or otherwise improve any such road, bridge or cu;vert and plant and preserve trees on the sides of such roads; b) deepen or otherwise improve any Water course and other property mentioned in dause (e) of sub-section (1) of section 36;and c) cut any hedge or branch of any tree projecting on any such public road or street 2) The Gram Panchayat shall also have control of all roads, streets, water ways, bridges and culvert which are situated within its jurisdiction, not being private property or not being the property for the time being under the control of the Government 3nd may do all things necessary for the improvement, maintenance and repair thereof and in particular, may (a) lay out and make new roads ; and (b) construct new bridges and culverts. Transfer of any 30. The Administrator may entrust to the Gram Panchayat, the work or execution maintenance or repair of any work or the Institution to the management of any instituf1on on behalf of the Government or Grnm any local authority: Panch~,yat FJrovided ti;cit l ''e :·:1nds necessary t, e,_. •. t:'.1on, -:>intenance ni' rr;1:,i: ol the v,ork or the ,, · .·,,,,l' ·< the -_.titution st1JII t,e !)laced at the di5P·Y the ,~,am ~-~inchayat by tr':' Government or such loca! ;,, -~' •· ,cy. Collection of land 31.(1) Subject to such conditions as may be prc:;cribed, the revenue, etc. Administrator ;T> -i;·. with the consent of a Gram Pan1;hayat by notification in 1 !v:o Official Gazette, entrust tu the Gram Panchayat t11.' ;"Jnctions and duties of coll8cti.·1g the land revenue and oti ::::ir J'.Jes recoverable as arrears of land \. ::~ _.'.1;. ·:c or duties are entrusted to Pz;;,~, --.. yat under c,utJ-;,aLiion (1) the Administrator shali 1.L,y ;o such Gram Panchayat collection charges at such rates as he may determine. 32(1) Subject to the rules made under this Regulation, a Gram · Village volunteer Panchayat may organize a Village volunteer force consisting of force able bodied mates residing in the Gram who are between the ages of 21 and 40 and who are willing to join the force and place such force under the command of a suitable person. (2) The services of the village , volunteer force may be utilized for general watch and ward purpose and in cases of emergency like fire, floods, out break of epidemics or any other natural calamity. 12 (3) No members of the force shall be held liable for damages on account of any act done by him in the bonafide discl1arge of his duties as a member of such force.

33. Every contract or agreement entered into by a Gram Panchayat shall be in writing and shall be signed by the Pradhan and by two other membe:s of !he Gram Panchayat Execution of and seated with the common seal of the Gram Sabha. contracts CHAPTERV FINANCE, PROPERTY AND ACCOUNTS 34( 1) There snail be a Gram Fund for each Gram Sabha and Gram Fund me same shall be utilized for carrying out me duties and obligations Imposed opon the Gram Sabha or me Gram Panchayat by !his Regulation. (2) The following shall be eterlaed to and form part of the Gram Fund namely:• a) the proceeds of any tax or fee Imposed under section 37: b) the contributions made by the Government or any local authority or person; c) all sums ordered by any authority or court to be credited to the Gram fund; d) the income from securities fn which the Gram Fund is invested; e} the share in the couecnon of land revenue or other dues of the Government; f) all sums recefVed by way of loans or gifts, g) the income derived from fisheries under the management of the Gram Panchayat; 1 ::,.:· , ,,rcceeds of zH dus~. dlrt, d:..mg or ref1.i,.;0 , :;i,;'f'cteU by the servants of tt~e Gram Panchayat; j) ;;:i~1ns assigned to Hie Gram Fund by any general or :;;1eda:I order of the G,:_,\.n:iment; and k) a!I sur11t received tn ,~,, · :·-• or for expenditure on any 1nst!~l:1.i-, or 5..er.•t:::,,; :1 :H tir.: need from the Grarn r ·- ,,- nrrp;;,,;·· . , i;hayat 3; The amcunt i1: :1v: ::;,...Jm i"1", ._ : appliui subject to the provisions and for the purposes ot H1is Regulation and shall be kept in soch cus1ody as may be prescribed 35, The Administrator may, subject to sueh conditions as he Grants. may bemg m, make grants to the Gram Panchayat For general purposes or for the improvement of the Gram and the welfare for the residents therein. 36(1) The Administrator may, if he deems flt, place all or any of Prooorties Placed the propert•es, of the nature specified befov,. and situated under 'tl":e d:rection within the jurisdiction of the Gram Sabha under the direction, rnanagerr.ent and control of Gram rn.anagement and control of the Gram Panchayat, namely > Pancr1ayat. 13 a} open sites, waste vacant and grazing lands, not being private property and rivet' beds; b} public roads and streets; c) public channels, water sources, w~ls, ponds, tanks(except irrigation tankS under the control of the Government}, public sprloos, reservoirs , cisterns, fount3ins. aqueducts and any adjacent laod(oot being private property} appertaining to any pubilc tanks or ponds, and lands appertaining thereto; d) public sewers, drains, drainage works tunnels and culverts and thins appertaining thereto and other conservancy works; e) Sewage, rubbish and offensive matter deposited on streets or collected by the Gram Panchayal rrom streets, latrines, urinals, sewers, cesspools and other places; and f) Public lamps, lamp postS and apparatus connected therewith or appertaining thereto. (2) All markets and fairs or such portion thereof as are held upon public land' shall be managed and regulated by the Gram Panchayat and the Gram Sabha shall recetve to the credit of the Gram Fund all dues levied or Imposed in respect thereof. 37. {1) StJbject to the rules made under this Regulation, A Taxes which Gram Panchayat may levy- may be imposed a) a tax on the owners or occupiers of buildings: b) a tax on professions, trades, calling and employment; c) a tax on vehicles other than mechanically propelled vehides kept within the limits of the Grams: d} A tax on sale of cattle withi-n tile lirr:tts of the Gram, e) A the;itrP or show tax on entert~irn,,enls and 'TI,•,,. ,.,,1ovid1no :.:;arn1ary arrari0en1ent .all s11d; -:orship or µ\1grimage. fairs and mefas w.thtr, - !fl'>,-,ction; i} F:<-·s. J.-r sale of goods, in markets meias, fairs and j) Fee r· grazing of caWe in grazing lands under the manag1::ment of the Gr:· :1 Panchayat; k) Fee fr,r t,r::ividing the ·;-;·- 11 and want of crops i.o the Gran· I) Ucenc~ :i1·1y1n_~ ,.vy. 2) The taxes and fn~ refemxl .,_. · · .,,,o-soction(i) shall be impos...."-0, assessed and realized in such manner and at such times as may be prescribed. Appeal against 38. Any person aggrieved by the assessment levy or imposition levy of tax, etc of any tax or fee under section 37 may appeal to the Assistant commissioner wlt11:n thirty days of the date of the order imposing such tax or fee_ Suspension of 39 The Deputy Commissioner may, by notification in the levy of tax or fee Official Gazette. suspend the levy -or imposition of any tax or fee under section 37 and may at any time in Uke manner rescind such suspension. 14 Lease of markets 40 lt shall be lawful for a Gram Panchayat to lease by public etc, auction for private contract the cotledion of any fee on markets ,:;md bazaars if any such fee 1s imposed under section 37: Provided that a lessee shalf give security for the due fuffiiment .., of the conditions of the lease or contract. • Recovery of 41 (1) When any tax or fee or other sum due to a Gram taxes and other Panchayat has become payable, the Gram Panch::iyat shall dues with the least practicable delay cause to be sent to the person liable for the payment thereof, a demand notice In the prescribed form for the amount due from him and require him to pay the amount within thirty days from the date of such notice, (2) Eve!)' notice of demand under sub-section (1) shall be served in such manner as may be prescrtbed. (3) lf the sum for which a notice of demand has been seli!ed Is not paid Within thirty days from the date of such notice, 1he Gram Panchayal may appfy to the Tahsildar for ifs recovery as an arrears of land revenue, Accounts 42 Every GrdlTI Panchayat shaH maintain account of its recefpts and expenditure in such fonns as may be prescribed. Annual estimate 43(1) Every Gram Panchayat shall, at such time and ln such of expenditure manner as may be prescribed, prepare in each year a budget of its estimate receipts and disbursements for the following year and shaU submit the budget to the Panchayat Samiti having jurisdiction over the area of the Gram Pancl'layat (2} 1he Panchayat Samiti may, within such period as may be prt-.scribed either approve the budget or return it to the Gram Panchayat for such modification as it may direct. {3) if any modi:ications are made under sub-section(2) the b,dg0t s'1al: he resubmitted v,i'11ir, such Penod .JS m:iy t1e p·cc.cni,, < t,; tL_, ;:.•,:mchay,'.lt S2:-,1aL \4, :<-J ,;~ shall be mcurred unless the budg0t ;Jpi,:0',;l¾i..l hJi tris::, ':-,rn:hayat S:.rniti: Provided that it the Panchayat Samiti fails to convey its approval within the period prescribed for the purpose, the 1)1.ldget will deemed to Mve been approved,

44. (1) The acoounts of everr Gr4rn Parn::hayat shall be Audit audited annually i'i such manner -•.;-,, be prescnbed, (2) The audn · ;. :': be c,_, t·y <he Assistant Commissioner ;, ,"'.,ii oi:-. as \he Deputy Commissioner ma 1y' ai:;point ir; tt,,; ,;,,-;,aif and the Assistant Commissioner or other officer shall within one month of the completion nf the audit forward copies of the audit report to the Deputy Commissioner anc the Gram Panchayat . (3) The Deputy Commissioner may after considering the report and after making such further enquiry as he may consider necessary. disallow any item which appears to h:!m contrary to !aw and surcharge the same on me person making or authorizing the illegal payment and shall---- aJ 1t such person is a member of the Gram Panchayat proceed against him in the manner specified 1n sub-- sections(1) and (3) of section 49; and 15 b) if such person is not a member of the Gram Panchayat obtain the explanation of the person and direct such person to pay to the Gram Panchayat the amount surcharged within a specified period and if the amount is not paid within the specified period the Deputy Commissioner shall cause it to be received as an arrears of land revenue and credit it to tt1e Gram Fund. 4) Any person aggrieved by an order of the Deputy Commissioner under sulrsection(3) may within thirty days of the date of the order, prefer an appeal to the Administrator whose decision on with appeal shall be final. 45(1) Every Gram Paoct>ayat Shall submit annually to the Administration Assistant Commissioner a report on the AdministraUOn of the report Gram Panchayat during the previous year. (2) The report snaU be p,epaioo by the Pradhan and after tt is approved by the Gram Panchayai , shaU be rorwarded to the Assistant Commissioner with a copy of the resolution of the Gram Panchayat thereon. CHAPTER VI CONTROL OF GRAM PANCHAYAT

46. The Deputy Commissioner or the Assistant Commissioner Power to call for shall have power~ proceedings etc. {a) to call for - {i) any e'.xtract form the proceedings of a Gram Pancttayat or any book, record, l.'Orrespcndeoce or documents in the possession or under control of a Gram Panchayat; (ii) any return, plan, estimate, statement, account or report for the purpose of inspection or examination; and (b) to require a Gram Panchayat to take into consideration- (/) any objection which appears to the Deputy Commissioner of the Assistant Commissioner to exit to the doing of anything which is about or is tleifl{J done by such Gram Panctlayat, or (ii) :;my infol'l;,;,'.ion which me Dcp;,.;ty :_ · ·,>:-c;· ;,.__." · :x the AssL<,:,.:•1t C01· :nission€r 1:; able ! which appea0. I(, J'1t1 Deput~ Commlsst·,· ·~1stant Commi',-,iuoc1 ~o necet,sitatethe doir:£, ·- . -.:rt:.:1• _ ,,;ng by the C,"';1- Panchayat and to mat<:e written reply to li' .' said Deputy Comfli•,.,.sioner or the Asslstant Commissic:,er as the case may b.,. wdin a reasonable time, stating its reasons for not de½L./,u ::,- rrom doing sud1 things.

47. If, at any 1v;:r ' -:iopears to the Assistant Commissioner that D;;;'- ,H in a Gr:.1n P: , · r:1s made wi!!fui and persisten: ,_;~1:.ult in ,ce of .,., ;;,. '· ~'I duty imposed on it by this. · •u1. Gram ·~<'· :_,,7 ,:: · "eti-tmg, fix a period for the perf,, ",di ct._..!y. It t11e J.,. 1 1s not performed v.1thlnthe period ;h ,·A'C'ct. Assistant Comm:ssioner may appoint any person to perforrn it and direct that the expenses of the perforrr.ance of such duty shall be paid by the defaul~ing Gram Panchayat within such peliod as the Assistant Commissioner may think fit 48. {1) !f, in the opinion of the Assistant Cornroissioner, the Suspension of execution of any order or resolution of a gram Panchayat or the execution of doing of any1hing wh-lch is about to be done or is being done by order on or on behalf of a Gram Panchayat is causing or is likely 10 resotution of cause injury or annoyance to the public or to lead to a breacil Panchayat of the peace or is unlawful, he may, by order ·in writing, suspend the execlJtion or prohibit the doing t/lereof 16 2) When tile Assistant commissioner makes an order sub- section (11, he shall torthwilll send to the Gram Panchayat affected thereby a copy of the order together with a statement of the reasons for making it 3) The Assistant ComrnissJoner shall forthwith submit to the Deputy Commisskmer a report of the cin:umstances in which the order was made under this section and the Deputy • Commissioner may after gf\Jlng notice to ttie Gram Panchayat and malting such inQtriry as he deems fit, rescind, modify or confirm the order, 49(1) Every member or a Gtam Patd13Yat shall be personally Liability of liable for 1he loss, waste or misapplication of any money ot members for loss other property of the Gram Sabha to which he has been a party water or ot which has been caused or fadli!a!ed by his misconduct or misapplicatkm wllltul neglect of his duty as a member amounffog to fraud. (2) If after giving the member concerned a reasonable opportunity for showing cause to the contrary the Assistant °' Comrrussloner is satisfied that the loss. waste misapplication of any money or their property of the Gram Sabha is a direct consequence of miSCOflduct Of wiW neglect on his part he shalr, by order in writing, direct SUCh member to pay to the Gram Panchayat betore a fixed date, the amount required to relmburse it for such loss, waste or m;s.appfication: Provided that no such order shall be made for bon.afide or technieaf irregularities or mistake of a member. 3} If the amount is not so paid, the Assistants commissioner shall recover it as an arrears of fand revenue and credit It to the Gram Fund. 4) An order of the Assistant Commissioners shall be .subject to an appeal to the Deputy Commissioner if made within thirty days of the date of the order. D1ssolut1on of 50. (1) if in the opinion of the Adminlstrator, a Gram \;r,·1m F'Jnch<1yat Panch.'Jyat-~- (a} exceeds or :,r::'' '·, "'···-':o.rc ,.r (o) is 111romp0t:_·· · ;m:ke:- ·-v: 1:fu 1 ~:r,d pt'.[S!Stc!lt (ff., j:mance ~f_ the uues imposed on ii b-, ;cgulat10r1 ,,, any othe:- taw for the ti1rn-, -,•. (c) fails to Jevy the taxe<> feviable under this Reguiatlon or (d) PersistenUy disobey::-; the order of th,~ Assistant CommlssiOner made u1de:- s, 1'.J-secti0r; (:-- ,f ~sctkln 48. the Administrator may, by order pt.J!:L'.',.: <i m the Official Gazette dissorve m,; t :ram Panr.ha/~n 1--10 omer uOOer sW-sectlon to tl12- Gram Paoehayat ": ;2r an explanation. 3) If a Gram Panchayat is dissolved under sub-seuior: i. 1j ihe following consequence shall ensue, namet;,r.- a) all the members of the Gram Panchayat shall, fmm the date specified In the order, cease to be members; b) all powers and duties of the Gram Panchayat shall during the period of disso!utkln of the Gram Panchayat, be exercised and performed by such persons or person, appointed by the Adminlstrator in this behalf; c} the Nyaya Panchay.at for tM Gram shall be deemed ro have been dissolved and all the members of the Nyaya Panchayat shalf vacate office as from such date. )7 4) An election to constitute a Gram Panchayat shall be completed before the expiry of a period of six months from the date of its dissolution.

51. If any dispute arises between two or more Gram Dispute between Panchayats, it shall be referred to the. Deputy Commissioner Gram land the decision of the Deputy Commissioner thereon shall be Panchayats final.

52. The Administrator or the Deputy Commissioner may call Administrator or for and examine the record of the procedure of any officer of Deputy Gram P~nchayat for the purpose of satlsfying himself as far Commissioner the legality or propriety of any order passed and may revise or may call for modify the order as he may deem fit. proceedings. CHAPTER VII NYAYA PANCHAYAT 53(1) there shall be for every Gram a Nyaya Panchayat which Constitution of shall consist of five persons to be elected by the members of Nyaya the Gram Panchayat from amongst themselves. Panchayat (2) Three members of the Nyaya Panchayat shall form the quorum for a meeting.

54. Every member of a Nyaya Panchayat shall, before Oath of Office entering upon his duties, take the oath of office in the form set out in the First Schedule before the Assistant Commissioner.

55. Every Nyaya Panchayat shall elect from amongst its Election of members a Sarpanch and an Upsarpanch who are able to read Sarpanch and and write Hindi or any of the language in use in the Gram for Up Sarpanch which the Nyaya Panchayat has been constitute.

56. The tem1 of office of every member of a Nyaya Panchayat Term of Office shall be co-tem1inous with the term of the Gram Panchayat: Provided that the Sarpanch and the Up-sarpanch shall continue in office until they are relieved by their respective successors.

57. The Secretary of the Gram Panchayat shall be ex-officio Judicial Clerk: judicial clerk of the Nyaya Panchayat for the purposes of recording its proceedings and decision c1nd performing such other duties as rn;:iy he prescribed 58_ Every N:;ayc1 ~,r111chayat st1all have:: ·w:.' , , name. Scat of Nyaya the name of U\c T,;;i1sil and the District ir,, ; i'.-- r:,., -~ituted, Panchayat and all it dccrev:,, order proceedings am. _,;ss ~-, ul! bear the seal cf the Nyaya Panchayat.

59. The Sarpanch and the up-sarpanch or a member of a Resignation of Nyaya Panchayat may resign his office by giving a notice in memCer writinq U'1-k:· his hand to the Assistant Commis:c.;r:ner and his office sloali 1nr~~,:,upcn become vacant. -~·8(1) "" 1,- Commissioner may, after g!v;--~ t·.'rn af! of .,,;: '.,•. _i r,2ard and for reasons to i'<-c •c. ,-:r~rt from ,JV'-' ar,, 1..::1 of a Nyaya Panchayat if in ),1., 11,r;n sud1 member ti;.is been guilty of misconduct in the cJiscti.::irge of his duties. (2) Any person aggrieved by an or0er of the Deputy Commissioner under sub-section (1) may, within thirty days of the date of the order, appeal to the Administrator whose decision thereon shall be final.

61. Any vacancy arising in the office of a member of Nyaya Filling of casual Panchayat shall be filled by election and the members so vacancies. elected shall hold office for so long as the member in whose place he has been elected would have held office if the vacancy had not occurred. 18 CHAPTERV!ll POWERS OF NYAYA PANCHAYAT Powers of Nyaya 62, A Nyaya Panchayat may exercise such of the powers Pancnayat mentioned in section 63 and 65 of tile Mmirustrator may, by general or special order, specify. Powers of Nyava 63_ Subject to the provisions of section 62, a Nyaya Pancilayat • Panchayat to may take cognlzaoce of all or any of the following suits namely take cognizanr,e of suits_ (a) suits for money due or contract oot alfeciing any interest in immovable property (b) Suit for rocovery of movable property or for the value thereot, (c) Suit the compensation fer wrongfUlly taking injuring movable property; (d) Suns for damage caused to standing crops by cattle trespass; where the amount of value ol the claim does not exceed Rs, 100/· Where the amount of value of the claim does not excero- SiJits not triable 64, A Nyaya Panchayat shall not have jurisdiction to try any by Nyaya suit~ Panchayat {a) On a ba:ance of partnership account {b) For a share or part of a share part of a share under any intestacy or for a legacy or part of a legacy under a will: {c) By or against the Goverrnnent or any local authority or an officer or servant of the Government or a member, officer or servant of a focal authority in his official capacity; (d) By or against a minor or a person of unsound mind. Offences 65. Subject to the provisions of section 62, a Nyaya Panchayat cognizoble by make take cognizance and try all or any of the offences specified in the Third Schedule including abetment of and ::.ttempts to commit. such offences . . _; N:-i Ny2y2 Panchayat sh8li take cogri, ,., ,r::.; s0:J1(,S~ ;-1 r,t,t¾,Jr, whc~;c .,uc.t-i per',-,., (u) ho;, been p:·ev1Jusly conv,~!c ·iC,) 011nis~able vdh 1mpri:::onrnent of u,, 1, -, - .. ,:•11-,''· .· for a term of 3 years or upwards. (b) Has boon previously fined for thell ;;y ariy Ny.aya Panchayat; (c: HD:-!s ~)P</f! bound over to be of good beh:.:iv•our vnder s~e:.ic• 109 o: sect:::iri 110 of the Col';e of C•-<111-ia! Pm:::h::· P 1973. , .,,._,,ously convided '.mde· th:. ''·•i•lir :;87 or lhc ;\1:'...ls.rran ;:;r:, ., HC:!J;at.:;r'l. 1951{!! of ms· .,,.,It. 67( l,l No Nyaya P2nchaya! shall trf any sult or issue ;n Res,jud,ca:e ctrd respect of any matter which is pending for decision ln or.has pending sJites been heard and decided by a court of competent jurisdiction in 0 former civil suit between the same party or between pa:ties under whom they or any of them daim. (2) Where an accused person has been tried for any offence, no Nyaya Panchayat shall take cognizance of such offence or on the '.l-ame facts of any other offence of which the accused might have been chargBO or convicted 19

68. The decision of a Nyaya Panchayat on the question of title, Effed of decision legal character, contract or obligation shall not bind the parties except in respect of the suit In which such matter is decided. 69{1} The maximum penalties whicll may be Imposed by a Maximum Nyaya Panc"layat and the offences for which they may be penalties imposed shall be as specified in the Fourth Schedule. (2) No sentence of imprisonment, wtiether substantive or in de-fault of payment of the fine shall be imposed by a Nyaya Paochayat

70. Instead of passing any sentence, a Nyaya Panchayat may Youthful discharge after due admonition, a youthful offender who in 1he offenders. opinion of such rtyaya Panchayai:, is, at the time of roovidion for the offence, uriderthe age of sixteen years. 7t In inffid:ing any fine under section 69, a Naya Pandlayal Compensation to may direct: that the whole or any portion of the time recovered complainants shall be applied- (a) towards defraying the expenses properly incurred in the c.ase by the complaint, Of (b) in giving compensation to a person for any material loss or damage caused to him by reason of the commission of the offence.

72. A Nyaya Panchayat may, if It is satisfied after enquiry that Compensation to a case brought before it is false. frivotous or vexatious . order accused the complainant to pay the accused such compensation not exceeding rupees fifty as it thinks fit. 73(1) Whenever the Sarpal'1Ch has reason, to apprehend that Security for any pars.on withm the jurisdiction of the Nyaya Panchayal is keeping the hkely to CQmm\t a breach of the peace disturb public tranqullity; peace. he may by order in writing, require sueh pers.on to shOw cause why he should net be ordered to execute a bond With Of witnout sureties for an amount not exceeding rupees one hundred for keep:ng the pcw::r for a period not exceedirg 15 days. The Sarpnnr:h sh;;iil ;." · '",sue of s:.:ch not:ce. refer the natter to the Nyay« P,::;,w. (2) It '',c N,,,. -iyot , ,,,_fied tll:; L 1~ r.p,:os_-.,ary !er keep ng thv ,, _;: lh .- .~u:1 in rh:, d of vkr0m the notice has lP:" 1sh(,· .,-: - :..t":::ute s V,:-:·: wit:1 or witt'-Out sumlies. me 1, Pa: .. L.1yat snail rru.l<e an order accordingly Provided that wt1en th8 person in respect of whom the enqwry is rnMe. is n 11w1or the bond shall o:: ~uted by his sureties (3} if the Nyay"1 P;;nchayat is 'o!J\i:,ijed tl:nt it i. - · no:r;essary i(Jf kr..:ring the ;,,r:2: 1:; that such • ,, .:sh.·::: , )io'1d ,· ti)'"ya Par;chayat f;\1aB m:" ,.J!I disc!large hfrn. \4l Nolh1'1g contained in \his sectm'1 ~-n:ci I ;;,'.fed ,:1:.c ;,;:.:·.',-c:fS c-t a Magistrate to take sec,.Jrity for keep;ng the peace u:1der section !07' of the Code of Criminal Procedure. 1973. Contempt of 74{1) !f any person intentionally offers any insult to a Nyaya Nyaya Panchayat or any member thereof while it is sitting ln aoy stage Panchayat of a judicial proccedmg in its or his view or presence or refuses to take oath duly administered or sign a statement made by ihe said person when legally rwuired to do se, tM Nyaya Pan.::hayat may, at any tiMe before riSing on the same. take cognizance of Hm offence and sentence the offender to a fine not exceeding ten rupees. 2iJ (2) The fine imposed shall be deemed to be a fine imposed in a Certain persons 75. (1) No member of a Nyaya Panchayat wl1o is a party to or oot to sit on has any interest Jn any suit or case shall sit in the Nyaya • Nyaya Panchayat while it is trying such suit or case_ Ponchayat • {2) Any dispute as to whether a member is party to, or interested in, a suit or case shall, on a written application by a party to such suit or case, .be referred to the Assistant Commissioner for decision, the decision of the Assistant Commissioner, thereon shall be final. Absence of 76. (1) If any member of a Nyaya Panchayat is absent from any member at hearing the remaining member may, notwithstanding anything hearing. contained in this regulation, try the sun or case, provided that at least three members are present. (2) Not trial so aforesaid shall be invalid by reason merely that all the members were not present at any hearing or that some of the members were not present at all the hearings, of such trial. Conduct of 71. Save as othel'Wlse provided in this Regulation, the business of Administrator may make rules: to regulate-. Nyaya (a} the conduct and distribution or business in and Panchayat. proceedings before a Nyaya Panchayat; (b) the time and places of sittings of a Nyaya Panchayat; and (c} any other matter which in the o~nion of the Administrator is necessary for the proper and efficient conduct of proceedings before an Nyaya Panchayat. CHAPTER IX PROCEDURE IN CASES AND SUITS 78(1; Any person who wishes to institute a suit or a case Suits and cases before a Nyaya Panchayat shall make an app!icatlon orally or hOW mstiLfled. 11; wnting 10 um Sarpanch or in his absence, to such other rnt~•nb.-v nf !he, Nyaya Pancl;Jy.:it zis the S;;rpanch ma•; hav<o appniPt::n f,-,i u,0 ,,p;pose .and s:,al! at rhe- s2me ti,-·1e pay u-.,_, \ I ., ,• :;: ;; ,,;_ (2) .11 11•211 !:·c Sl'', or case is in:-.ihrted or3!ly, the Sarpanch or otn(:r :nemt>cr sn.:.::1 wi<hout delay oernrd !he substance of the applic.":ition in the prescribed register and obtain signature -or thumb impression of the applicant thereon. 79 {1) Every suit !nstituted tid,,,,.. ;1 Nyaya Panchayat shall Suits to include include the whole of the claim w,1b1 ii1e plaintiff if entitled to the whole, claim, make in respeCI of the matter in di'~ · ,, hut he may relinquish any portion of l1!~. ~h'.n1 i11 nrde. , ::iriy suit within the JUrisdit,1ion ofthP :,;, - , : •-,,1•-;!2>· (2) if a plaintiff onut;,; '.v :,.de m tu:,,_ ._,, or retinqu,shes any portion of his c:alm he oh all not afterwards sue in respect of the oortion so omitted or relinquished.

80. No suit shall be entertained by a Nyaya Panehayat after Limttations. the expiration of one year from the time when the right to sue first a;;,vue<:I.

81. Every case or suit instituted shall be brought before the- Complain.am or Nyaya Panchayat at its next sitting and the complainant or the p{antiff to at1end plaintiff as the case may be shall, at th-e time of making the next sitting of apphcatlon, be informed of the time and place fixed for such Nyaya sitting and directed to attend at that time and place. Panf'.hayat 21

82. The Nyaya Panchayat sfter hearing the application shall Summons to be cause a written summons in the- prescribed folTll to be served issued to on the accused or defendant, as the case may be requiring him accused or to attend and produce his evidence at such time and time and defendant. place as may be stated in tl1e summons and shall, at the same time direct the complainant or plaintiff to attend and produce his evidence at such time and place: Provided that the Panchayat may, after hearing the application anct examining the complainant or the plaintiff. refuse to issue a summon and dismiss the compfaint or suit, if rt is satisfied ttlat the case or suit is frtvolous, vexatious or untrue. 83(1) A Nyaya Panchayat may, if It consideis the evidence of, Summons to or the production of document by, any peison necessary in a witnesses. case or suit. issue summons to such persons requiring him to attend or to produce or cause the production of such document and sudJ person shall be bound to comply with the d1recti0n contained in the smunons. (2) A Nyaya Panehayat may refuse to summon a witness or to enforce a summon already issued against a witness where in its opinion the attendance of the witness cannot be procured without an amount of delay, expenses or inconvenience which in the circumstances would be unreasonable. Service of 84 (1} Every sumrnons shall be in duplicate, signed by the summons presidtng member of the Nyaya Panchayat and he served in the manner prescribed. (2) if the defendant or accused is at the time of the issue of summons outside the Gram, the summons may be fo1warded by the Nyaya Paochayat to fha Assistant Commissioner who shall cause the StJmrr.ons to be served as if tt were a summons from his own court ?le.::i:iers. etc. 85(~) No p1eader or v;,ki! or advocate shall b€ permitted to excluded from DJ)p::ar on behalf uf any party 10 ar:y case or suit be•o;e 1110 aµpear;:;,,::. 1+1,~,i.. P:1,1c!J;~:,·11t .:,x:1 t}Y ·. :,,,., !'ldrt to 1r:y sur.h case-:-,· · •:1, u< r,, ,·;bie cau,·<) being shov:~, '. 1 :; ,,;,;- Ny~r,< ,, hayat to ornploy any ;_;L,; ,., · 11:,"" ant 0~ '.: ,, ::'. who is rivt and who has n ,, ; ,,. ,. ·., ;/ :' •<'' or ,,,,:.t:: 01 :,:1 ?dvocm.: to appear in he\> (; ·,:Ji pan~. (2) VJ hen "' n,:.inLYI sr~r--,mt dependant or friend ap1 ._,ars in heh of ::; p:;rty, IK .,hs!! ly lurnished by such party wrth a ¥Jritter- au•'·:v1!ty definir:o 1,:,. '"-·:0rtt to Which he is empowern:i to act Adjournment, Nyay;;, P0• ···•-.,_may !"mrr, time to time, adpum tr.0 · ·:r:v • .. ·'ed ". 0.dJ'.JtJrr,1;,c:it is, ir. i1s opiniu; um;.',< :,010 or recc~ · a ;ust and equitable decision c: the case or suit Disposal of 87(1) if the complainant or plaintiff fails to appear after having cases <;1nd suits been informed of the time and place fixed for the hearing, the in absence of Nyaya Panchayat may hear and decide the case or suit in his party concerned. absence: {2j A Nyaya Pa,1chayat may hear and aecide a case or suit in the absence of the accused or the defendant, if a summons Ms been served upon him in the manner herein before prescnbed; 22 Provided that no sentence shall be passed by a Nyaya Panchayat on any -accused unless he has appeared either in person or by a representative, before the Nyaya Panchayat and the substance of h·,s statement has been recorrled in the prescribed register. (3) tf after the serv"1ce of summons upon him, an accused fails to appear either in pets0n or by a representative, the Nyaya Panchayat may apply to the Sessions Judge who shall compel the accused to appear in person or by his representative befom the Nyaya Panchayat as Whe wrn, a Court t,ying the case; (4) Where accused person has, under sub-sec!ion(3), beet1 compelled to appear befom NYaya Panchayat, the Nyaya Panchaya! shall forthwith take his statement and thereafter his atteooance at the hearing of the case shall not be compulsol)'. Compromise of 88 (1) Where tt is provided to its satisfaction that a suit has suits and been adjusted wholly or in part by any lawful agreement, compromising of compromise or satisfaction, the Nyaya Panchayat shall orrler cases. such agreement, compromise or satisfaction to be recorlled and shall pass a decree in accordance therewith, so far it as relates to the suit (2) A Nyaya Panchayat may perrnn any case to be compounded: Provided that the offence rS compoundable under the codec~ Crimlnal Procedure, 1973. Deato of Parties 89. When any party to a suit dies before a decree has been passed the suit shall abate but a fresh suit may be brought on the same cause of action and the period during which the suit was pending shall be, excluded in computing the perlod of !lmilation for the fresh suit. ~?0('!} 1t shcil! he Hie out/ of c'.' -.,',:c•v 1 P;Jn,·hi:iv2t to ascertain i'0~:isi0r: Um t,:>::;t,": of the c:--1;:;,., -- F- •1tc .rw:dir,;:i <ln ,OJ ;.;;: f:"' >; dC[.'.lfci" ·:'-j,~:7 ,•; ii•,c: ·<· :""•c::'.<;fl Ji1U b , tu!:~:,;-.;-· ..: -, :1dp; .:; )~c!f1i•1g con:,Hnc-1:J in t:,·_ ~ f.'Vif1•;•l,._1, '.}i ; , x:,cd:.it-& t>hall ;itect the pov,~ :n,;;hoy,f, ;,:, f'oi,_; :<,,".1 1nqui1y. After holding soeh inquiry a r- 1ycly.~ P;:,1,~:1;iyat may p;::iss '> 1 t)rtler or decree as may ir· ifs ,,r,<1<:_'T, seern )'1st ;.,r,,~ ,. 'AC 3M sucl1 order or decree sha1; -,~.;1:,_,_ the firl\.ti! :,,; , ,-r_- " cc rn ief statement of the reasons t!ier,-,for ~inn cI Ny;:ya Panchaya, .- ,Jn : ,, the majority ot s · _ equ~1Py oividM the person p:;_, st:;;,,:~ ~,t casting vote. :nterest an.;:! 92. {1J lo suits !or money, a Nyaya Panct:ayat may_ in it ·mstalrnen!s. d1scret'1on, direct payment of interest on the sum decreed, at a rate not exceeding six percent per annum, from the date of the decree unit the date of a payment and of any fees which may be prescr'ibed. (2) Whe-n a Nyaya Panchayat decrees the payment of sum of money \n suit lt may direct that It be paid by Instalments, without interest or with interest not exceeding the above rate. 23 Nyaya 93 (1) Except as provided in sub.section (2), a Nyaya Panchayat not to Panchayat shall not have power to cancel, revise or alter any revise or alter its decree or order passed by it decision. (2) On an application made within one month from the date of the decree of a Nyaya Panchayat, the Nyaya Panchayat may for reason to be recorded in Mitlng restore any suit which has been dismissed for default or in which an exparte decree has been passed against the defendant 94{1) On an appllcaUon made by any of the parties or on his own mo!fon the district. Judge in a suit and the sessions judge lo a case may call for :nd examine the record or proceedings held by such Nayaya Panchayat. No appeal (<) Ifft shall appear to !he Distlic! Judge or lhe Session judge against decree ttrat lhe decree onler or proceedings so called for should be or order of modified, calicillled or reversed he may pass such order as he Nyaya may deem fit. Panchayat but revision lies. (3) The period for tilling an application by any of the parties under sub-section (1} shall be thirty days from the date of the decree or order, 95(1} When any Nyaya Panchayat is of opinion that any suit or case before It, is of such nature, intricacy or importance that it ought to be tried by a court or that the accused in a case ought to receive a punishment different In kind fmm, or rnore severe than that which, such Nyaya ~Janchayat is empowered to inflict, it shall stay proceedings and r~fer \he suit or the case to the District Judge or the Sessirns Judge , as the case may 00 for orders, {2} If the Di::.i.rict Judge- or the se:ss!on JUdge is of opinion that a suit or case is of such nature; Intricacy or importance that it ought not to be tried by the Nyaya Panchayat or that the accused in a case ought to receive a punishment different in kind from er more sevc-re than. that which such Nyay3 ParTh':.,-:ir - ·::;1, ·--•ed to inflict, suet, Judge shall pass ordvi·, '1intiff .-,r comp!a111anl t;; :!0 e Civil rn c1irr;-1 -.: cas,- nay b:• ,;Jrnp:':ll°',\t !o lake \3) If 1L-- orthe S:·s,,s,ions Judgr, is of opinion mm the swr , nf such nature, intrtcm:y or importance that it ous ',;, ,,:d t,y a Court, or that the accused in the case ougP •o ru:..::ive a punistimrmt differerrt lo k.;nd from severe than ,:,-' wJ-'.~;• such Nyay.1 Pancttayat is empowered inflict such ju:r__'•-: - •. _-, return tl!-. ,_iit o~ case of the Nyay,a Panchayat which , J: the refer1c:-i< " :'1r disf)0sa!. '/- Judge 9R (1) Tt1c S<:~,:~' ··: in ar,_ · .--«,:strict Judge in Lhst>1ct ;my suit m3y ;:;: ny -"."'- :~·• ::1h any !l'H·JY proceedings of a!·,;; _ , ·,: )1:--J:,•.__._ .>': ur ca•1cel any ,, ..• ,;1 ordor decree passed L, ,. ,.,::: Nyaya r • , proceedings {2) When an order has been passed by the District Judge under sub-secUon(1) in respect of any suit the plaintiff may institute a fresh suit for the same civtl court, and the period from the date o-f the institution of the sttlt before the Nyaya Panchayat to the- date to such order shall be excluded in computing the period of limitation for the frash suit. (3) Whon an order has been passed by the SL--ssions Judge ur:1e-r sub-section (1) in respect of any case. proceedings in respect of the same offence may be instituted in the court of a • Magistrate having jurisdiction. 24 Finality of orders 97 Every order passed by a District Judge or a Session Judge and decrees under this Regulation shall be final and shall not subJect to appeal revision or review.

98. Subject to the provisions of this Regulation ln regard to aJI Procedure in proceedings under this regu#atlon, the Sessmns Judge and the proceedings • District Judge shall have the same powers and follow the before th-e same procedure as they respectively have and follow in regard District Judge. to proceedings in conneclion with orders decrees of cou.1s subordinate to them in their ordinary junsdlction.

99. Save as olherv.se provided, no court shall take cognizance Bar of of any offence or entenain any suit rogoizable by !he Nyaya Jurisdiction of Pancilayat under the Regulation unless the Sessions or the Courts. District Judge has passed an orrler in writing under section 95 or 00.

100. Where the tenn of a Nyaya Panchayat has expired or a Suits, etc, Nyaya Pancllayat is deemed to have been dissolved under pending at expiry section 50. of tenn of dissolution of (a) all cases and suits pending befonl the Nyaya Nyaya Panchayal on the date of such expiry or dissolution Panchayat shall- (i) tf a new Nyaya Panchayat Is constituted, be heatd by it denovo, or (ii) in other cases, be deemed to have been quashed under sub~sectton(1) of section 96 a-nd the provisions of sub-section (2) or sub~section(3) as the case may be, of that section shan apply thereto. (bl All pending proceedings and applications for the recovery of fine or compensation in cases, or for the execution of decrees or orders in suits shall be trensferred to 1he competent court having jurisdiction to try :no coso :Jr suit and such court Shall deal wi':h the pror01::>tiim1s or Jpp!i<:;:9tions as if the case or su;t out ot w/11(\1 '' · •' : . ,· ,1,, , -. r:; .4pplic.stion::; arose hao LeP.11 Ji J:l ,,,: "; le, :l.>J J• jp,<g:')t'flt GC:bt:Jr :J f\';..::y;, ?ani::•i; 7:Tis t,-,,-, ;·,,;; i!:;,:::r·:1..~ ilas be·:::n ;}djU!'.!f;C'.'' s.,tislied or ,)·;r ,,,.~:-. ,. in PJ!'t, ,;;._· i-!y;;:}'« ;;:,anch.ay,J. decree sha!! record the'"', ., · :hn i:,·:.:;,:tlbed regig;_;".'r. record,:., 102 {t} if, after ~ p0fiod cl one month from the date of a ExecutJon C'(:cree the decree rc•::,;;i,;-; :1rr,atisl1ed Pr , .Jdjusted, in whole througn r,1t: oi 111 part the deCH?v hulJ< 1.i 1y. with!!• ,, ,- i, · ,it foe date of Assistant tr1c decree, apply to the Ny,i~,1 Panch::iy,·. :, -·°'·1:t:0n. commlssione1· \2; On the application of,.,, ·;;:;Hon th? 1-;\ --•• •1:-'vat sh.;;!I lo the Assistant c .,:·, ,<c:nm<n,; :,, J1,sf:2d or unadjvstoc :::pl ol $Hf'h c0rtiflcate the Assist,,·· (a) Jfthe clecre~ is for r,n; :y. p;oc:; ... : ·:r it as if it w01t: an arrear of land revenue, or (b) if the decree Is for any specified movab'e property cause the decree to be executed as if it were a decree of a civil court and in so ae1ing- he may exercise all the powers of a dvi! court. Mode of 103. If the amount of fine or compensation under thls recovery fine or Regulation is not tully paid, the Nyaya Panchayat shall certify cornpens8tton according!y to the Assistant Commissioner and on receipt of such certificate, the Assistant Commissioner proceed to recover it as If it were an arrear of !and revenue and shall remit the amount so recovered to the Nyaya Panchayat. 25 110, No persons shall be a member of a Panchayat Samiti or Disqualifications continue as such If he- a) has failed to pay any tax, fee ot other sum due to the Gram Panchayat or Panchayat Samit.I Zilla Panshad witllin three monthS from !he date on or before whicil such uix. fee or other sum is required to be paid , or b} hold any salaried office of place or pmfil under the Gram Sooha or Gram Panchayat or Panchayat Samiti or Pradesh Panchayat, or c) has directly or indirectly any share or monetary interest in any lM)fk done by or to the Panchayat Samm or in any oontract or emp!Oyment With or under or by or on behalf of the Panr;Myal Samili, or d) is a servant of the Government or any municipaf,ty, or e) has been dismissed from Service of the Government or a municipatity for misconduct or f) has been ordered to give security for good behaviours under section 109, 110 of the Code of Criminal Procedu(e, 1973 , or g) has been oonvlcted by a criminal court of any offence lrwoMng violence or moral turpitude and sentenced to impnsonmeot for not less than three months and a period of five years have not elapsed since his release, after undergoing such imprisonment h) has not attained the age of 21 years or i) is of an unsound mind and has been so dedared by a oompetent Court or J) has been declared by a competent court to be an insolvent or has haen disqualified under any law relating to elections for the time being in force by a competent court for adopting a corrupt practice or for commission of an election offence for the period of such disqualificatlon or k} subject to clause (h) is so disqualified by or under any law for the time betng in force for the purposes of election of tt1<:i House of the people. 111 _ If ;my q;_iestic-:1 :;n?€'- whrth,~.,. a pe:--srm has become Decision m. subject l'J any-dls>qt,, 01 :~(-c , Jer \... i.0 :,1 :c,>o,7.lon 4, secLlon 7 questions ;,~- ,x ::;0ctk,,1 110 :: ,:t, ,•, · ,-:-, , '· tr:s et, -r Scr:retary. >o:· di;; quaHtk,-·. • deC!SIOI' 800 !);i, ,;r 0: - flP. fi'1;)i Provided that btoi-::1:--• ;;:c:,q;i decision on any such quesbon the Chief ~ec,:,,.~,y :,nail obtain the opinion the opinion of the Eleaion CnmrnisSffir; and shall act according to such opinion. f~lectior. of 112. (0 On the constitution of a Panchayat Samiti fo1 the first Pramukh :Jn,1 time under this Regulation or on tl•P expiry of the i::rm of a . ,;J•Prami,;:, :~'anchayat Samit! or on its recon•:-:._,ti:m. a mOt¾>.: c.'.1~:1 be •".iled on a date flXed by the Dt ·':,,rr:mi::,,=- the . iection of the Pramok:h and the L'.p, ..::Hukl1 b; -,um ;,;rnongst the elected members of the Pz:;diayat s,,,,,,,t, {2) The Deputy Commissioner shall preside at SU('Jl meeting but not have the right to vote. (3) No buslness othec than !he election of toe Pramukh and Up-- Pramukh shall be transacted at such meeting. (4} !n case of equality of votes, the result of the electlon shall be decided by lots drawn in the presence of the Deputy Commissioner in Such manner as he may detennine. {5) Subject to any general or special order of the Administrator, the Deputy Commissioner shall reserve. 27 CcmDe:isa:ior. 104. As soon as tbe amount of fine or compensation ,efe:red to when released to iii section 103 is released by '!he Nyaya Par.chaya:t, the amount be recorded, so realized shall be entered in the pmscribed register. Su!Jm!SSion of 105 Evert Nyaya Parichayat shall submit its annual report to ,mr-ual repor: !he Administrator in such fonn and before sue.Ji date as may be prescribed. CHAPTERX PANCHAYAT SAMIT! Constitut)on of 106. The Administrator shall by notification in the Official Panchayat Gazette constitute for the blocks in tile Union Territory 10 which Samiti. this Regulation applies Panchayat the intermediate level to be called Panchayat Samitls. Composition of 107. (1} Every Panchayat Samlti shall consist of such ntJ1nber Panchayat of seats as the Administrator may by notification determine. Samni (2) The seats in the Panchayat Samiti shall be filled by person chosen by direct election from the Terrttorial Constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shalf so far as practicable be the sarne through out the Panchayat Samiti area. (3) The following persons shall also be represented in the Panchayat Samm, namely:- (a) a proportion of the Pradhans of tile Gram Panchayat in the Panchayat Samfti to be determined by order of the Administrator and by rotation for such period as may be prescribed: Provided that while nominating the Pradhans by rotation the Administrator shall ensure that as far as possible a:!! the Prc11.H1ar;s are f;iven t'"le opponunity or being represented in tt-e ?anc:1ayat Sarn~ti atleast once during its. cu~atio:i a;ij {bJ tr\0 ra cr,bor ,_,:- tt:e House of par;i;:;rnen! represe'ltir,g ~tie 0 ' .. ' ' \·1 , · sub-se,_ -·>>'S (5) (6/ (7) and {8) of se;:_,•fa:n i; <;.: ,•.ay be"· ,;.'.y to the PanChayat Samti °'" they ,;µf.- • 1 , .:1 n Panchayat subject to the mu,1;fication that for the ;,,• __ .-_ ",'3-ram Panchayar wherever they occur, the words ·'P;.;, ._' - ,,~,1 Eamil( had been substituted. :,::01 ;Jtlfd'. •'Jfi o'. 108. Evey P.c:;:>c''•!;at Samiti s:,· ;:,y the name rotificxl in the ,-,rJ:3',2t Off:da! Gazette 1:'"''' section 1,_._ ' :~ a body corporate having pcr;-irU::! suu..-- ni a con -~:' ::md shalL suh!ect to ;,ucil r,;strict1u•;- --, ·nctHir_,1 ''Y Vi under this ReJul3ticn or lC , ,, 1iJd L- ,re b~•ir,:4 in force. h~we power to a:,;1- 1._1lti ad:•w.- "u transfer a pwperty. both movab!e and immovable arid to euter into contract and shall, by lhe said name sue or be sued. 109 (1} Eveiy Member of the Gram Sabhas constituting the Persons qualif:00 Panchayat Samlti shall unless disqualified under this to vote and be Regulation or any other law for the time being in force be elected. quaiifled to vole at an election to the Panchaya1 Samitl_ (2) Every member of the Gram Sabha constituting the Panchayat Samili shall unless disqualified under thls Regulation or any ether law for the time being in fcrce be Quallr1ed to be elected to the Panchayat SamftL 26 117{1) A motion of no-confidence may be moved by any Motion of No member of a PanC;'1ayat Samitl agaJnst the PramuJ<h or the Confidence. Upa-Pramukh aft-::r such riotice thereof as may be prescribed. {2) 1f the motion is carried by a majority of not less than t,vo- thirds of the total number of members of the Panchayat Samlti, the Pramukh or Upa-prnmukh. as the case may be shall cease to hold office after a period of three days from the date on whtch the motion is carried u~less he has resigned earlier. {3) Notwithstanding any thing contained in this Regulation, the Prarnukh or Up~pramukh shall not preside over a meeting In which a motion of no confidence is discuss against him but he shall have the right to speak or otherwise take part in the proceedings of such meeting.

118. Any casual vacancy in the office of the Pramukh, the Up- Casual vacancy Prumukh or a seat of a Panchayat Samiti shall be fllied for the remainder of 1he tenn by election in acrordance with the provisions of this regulation: Provided that in case of a seat or the office of Pra:mukh reserved for Scheduled Tlibe or women, no person other than a merriber of the Scheduled Tribes or a women, as the case may be, shall be qualified to be chosen to fill such vacancy, Staff of 119. The Administrator shall appoint a Group A Officer of the Panchayat Andaman and Nlcobar Administration to be the Executive Samiti. Officer for every Panchayat Samiti. (2) The Government may post from time to time work under every Panchayat Samltl such number of officers and officials of group A or 6 or C or D services of the Andaman and Nicobar Administration {including any officer and official appointed to such service from amongst Persons employed be existing local authorities) to serve under the Panchayat Samiti as the Administration considers ne<:essary. (3) Notwithstanding anything contained in this Regulation or ::iny other law fer the titt~8 be1r1g in farer, the Admin:strator or ;-my 0ther nutr1onty autn~;r:,:_··; L<,, t ."1· ;,, : '"· N1t1.:3!f ::,h3il have tne oo,ver t:i effect tr:m. c1.,ri t'i-5oals so ,,;::.'.,o.i :'mm r1,' Sam;t: •,_. ·<1,i v· ·,,. 1;.;c, {'.)Saves;:;otherwis.- ··dtJyL,1,_,n,)8rtr11::, .1.:.iv<: Ct.c::i ~,±gu!.atlon, ~he Executive (1, 1. ;--,,,, ottier {a) exercise all the powers s,,;,r-,1.cc,!ly .,,1posed or co:ilerred ,~,,,!::..<:;rs. 1,pon h1m by or under this Reg:..:i:,;flt, or udGer any ot~er law for tho t:me being in forc<1; :1:1 lay down the duties tlnd sur,e'vi:::F ,.< --'.i n)ntroi of•:,•,;··: :nti ::r::c,a!i of or holding office under :he ;.,~dnchayat S;:i:, ;;; ::1 •, •c, - :i ⇒nce with rules rrade by the A0r:,:: .::,::t'crtor; $;,.h,iiLl, .icicessorv measures for tile I u _ -- , ,11\d development schemes of the 1': - :,.-,,1 =l1 Ss>•-:• (,:;; hnve custody of all papers aoct documents r:'.onnected with the proceedings of the meetings of the Panchayat Samili and of its commitleet; • ((l d1aw a:1d disburse monies out ot the Panchayat SamITT Fund;and (g) exercise such other powers and discharge s:.ich other functions as may be prescrtbe-j. (2) ihe Execut\ve- Officer s'nail attend every mee:ing or the Panchayat Samit\ and sha!I have the right to attend tbe meeting of a committee thereof and :o take p-art in the discussion but shall not have in the right to move ;my resolution or to vote. lf tn 29 (a) the number of offices of Pramukhs in the Panchayat Samitis for the Scheduled Tribes whk;h shall bear as nearly as may be, the same proportion to the total number of such offices in the Panchayat Samitis as the population of the Scheduled Tribes in the area of the • Union Territory to which this Regulation applies bears to the total population of such area; (b) not less than one-third of the total number of offices of Pramukh in the Panchayat Samitis for women: Provided that the offices reserved under this sub- section shall be allotted by the Election Commission by rotation different Panchayat Samitis in such manner as may be prescribed . Executive 113. The executive powers of the Panchayat Samiti under this powers of the Regulation and the Responsibility for the due fulfilment of the Panchayat duties imposed on the Panchayat Samiti under this Regulation Samiti. and for carrying out the resolutions of the Panchayat Samiti shall vest in the Pramukh. Term of office of 114 (1) The Panchayat Samlti unless sooner dissolved under Panchayat any law for the time being in force, shall continue in office Samiti. for five years from the date appointed for its first meeting and no longer. (2) An election to constitute a Panchayat Samiti shall be completed: (a) before the expiry of its duration specified in sub- section(1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Panchayat Samiti would have·continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Panchayat S8miti: '· '· ,,. · ._,: :.<,01:ti com:'ltuted upon t'.1r• dissolliii':, , '-' .:, ..-ure tlK expiration c: :ts durJfr,: --. tne remai1:der of the p,-~,-Jd tor v·:· , , ' . :,li : : ~yat Samiti ~,ou!d have cc•r1trnued und::o. · i, ·t,~Ji,(~J 11_ not been so dissolved. ·115 (1) A: ;;oon as inay be after the first meeting of u,e Oath of Office. Panchayat S;::imiti every member thereof shall take oath of offirC' befo~e the DepuiJ' Commissioner in the form set out in the First Schedule. {2) No member of the Panch8yat Samiti who has not taken such oath ,sh::, 1! vote or take ~- .: 1 in the Proceedings of any mE:etirig n0r "=·:-,i1 he 1,,. i,·,.' ,: AS a member of any Committee cn•1:,;;:'-'tcd ti-,, 1:-.~ i·'d' :-:_y1; Samiti. 116{1) Any member of a Panchayat Samiti may resign his Resignation 01 office by giving notice in writing to that effect to the Pramukh Office. and such resignation shaH take effect from the date of its receipt by the Pramukh. {2)The Upapramukh may resign his office by giving notice in writing to the Pramukh, but the resignation shall not take effect until it is accepted by the Panchayat Samiti. (3) The Pramukh may resign his office by giving notice in writing to that effect to the Deputy Commissioner, but the resignation shall not take effect until it is accepted by him. 28 the opinion of the Exewtive Officer any proposal before the Pancilayat Samtti is violatlve of or inconsistent with the provisions of the Regulation, or any other law, rule or order made thereunder, rt shall be his duty to bring the same to the notice of the Panchayat: Samit i. Meeting of 121, (1) The time and ptace of meetings of a Panchayat Samiti Panchayat and the J':Otedute for tuch meetings shall be such as may bE!' Sarniti prescribed. (2) A member of a Panchay.it Samit! may, at any meeting, move any resolution and ,put questions to the Pramukh or thB Upapramukh on matters connected with the administration of the Panchayat Samiti in th& manner prescribed. (3) No resolution of a Panchayat Samiti shall be modified amended varied or cancelled by the Panchayat Samiti '!Nithln a penod of three months from the date of passing thereof except by a resolution supported by two thiros of the total number of members of the Panchayat SamltL

122. (1) Subject to such oontroi and restrictions as may be committees. prescribed, a Panchayat Samlti may appoint oommlttees for exercising such of its powets and: dischSfQlng suci1 of its duties and functions as It may specify, {2) A committee may consist of oot more than rive members and may be dissolved or re-constituted for such reason and In such manner as may be prescrlbed.

123. No act or proceedings of a Panchayat Samiti or of any of Pro~ings not its committees shall be deemed to be Jnvalid by reason only of to be lrwalid. the existence of any vacancy or defect iii the constitution of the Panchaya! Samitl or of the committee or of any infirmtty in its proceedings. 124. {H The Panchayat samill shall have such powers and Duties anti authority as the Administrator may, by order, published ·in the function. Official Gazette, deem necessary and may specify so as to enable it to function as an institution of self Government In respect of the preparation of plans frO!TI cx;onomic development and social justice in relation to the matters listed in the Fifth Schedule (2) The Panchayat Samiti may also make provision for c.lrrying out within the area of its jurisdiction any other work or measure which is likely to promote the health, safety, education, comfort, convenience social or economic well being of the persons residing in its jurisdiction, and may do au things necessary for the maintenance and repair thereof, and in particular may~ (a) widen, open, enlarge, or otherwise itrtprove any such road, bridge or culvert and plant and preserve trees on the sides of such roads; (b) deepen or otherwise improve any water course and other property mer.t1oned clause(c) of sub-section (1} of section 130, and (c) cu1 any hedge branch of any !ree projecting on any s.ucil mad or streets. (3) The Panchayat Samili may have control of all roads, streets, waterways. bridges and culverts (which are situated within its jurisdiction not being private property or not being the property fur the time being under the control of the Government} and may do all things n ~ for the impmvement, maintenance and repair thereof, and in particular may- (a} lay out anct make new roads and streets; and 30 (1) a water rate, where arrangement for the supply of water for drinking, irrigation or any other purposes is made by tile Panchayat Saml!i Within Its jurisdiC!ion; (g) a ligtrung rate, wile«> arrangement for liglrung on public streets and places is made by the Paochayat Samili within its jurisdu::tmn: Provided that the Paochayat Samit1 shall not undertake registration of a vehlcie or fevy fee therefore and shall not provide sanitary arrangements at places of 'NOrsh!p or pilgrimage, fair ano me!as within its jurisdiaion or levy fee therefore if any such vehicle has already been registered by any other au!homy under any law for the time being in force or if such provision for sanitary arrangemenl has already been made by any other local euthonty Providing further that the scates of tolls. fees or rates and the terms and conditions for the imposition thereof, shall be such as may be provided by bye-lav;s; and such bye-laws may provide for exemption from all or any of the tolls. fees or rates ln any class of cases.

129. The Actmlntstrator, may subject to such conditiOns as he Grants for made deem flt, make grants to the Panchayat Sarrili:i for general general purpose or for tM Improvement of tha ateas failing purposes. under the jurisdiction of the Panchayat Samiti and the welfare of the residents therein.

130. (1} The Administrator may if he deems frt., place any of the Transfer of any properties of the nature specified below, and situated within the work or jurisdiction of the Panchayat Samlti, under the direction, insHtutlon to management and control of the Panchayat Samiti, namely:- l'-"anchayat (a) open sites, vacant and grazing lands not being pr!vate Samiti. property and river beds: (b) public roads and streets; (c) public channels, watercourses, well, ponds, tanks (exacted irrigations tanks under the control of the Government) public springs, reservolrs, cisterns aqueducts and any adjacent land (not being private property) appertaining to any public tank or pond: and lands appertaining thereto; {d) public sewers, drains, drainage work-<., tunnels and culverts and things appertaining thereto and other conservancy works; (e) sewerage, rubbish and offensive matters deposited on, streets or collected by the Panchayat from streets, latrines, urinals sewel'S, cess pools and other places: and ff) public lamps, lamp posts and apparatus connected therewith or appertainlng thereto. (2) All markets and fairs or sueh portion thereof as are held upon public land shall be managed .and regulated by the Panchayat Samiti and all dues levied or imposed in respect thereof shall be credited to the Panchayat SamitL 131, lt shall be lawfit. for a Panchayat Samiti to lease by public Lease of market auction or private contract the colleo.ion of any fee on markets etc. .and bazaars if any such fee is imposed under section 128.

132. (1) When any tax or fee or other sum due to a Panchayat Recovery .of tax Samiti has become payable, the Panchayat Samiti shall, with and other dues. the least practicable delay, send or cause to be sent to the persons liatne for the payment thereof a demand notice in the presctibed form the amount due from him and require him to pay the amount within thirty days from the date of such notice. {2} Every notice of demand under sub-section{1) shall be served in such manner as may be prescribed. 32 (3) If sum for which a notice of dem~md has been served is not paid within thirty days from the date of such notice, the Panchayat Samlti may apply to the Tahsildar concerned for its recovery as an arrears of fand revenue. Accounts. 133. Every Panchayat Samiti shall maintain accounts of ~.s re<'-8ipts and expenditure in such manner as may be prescribed. Budget of the 134. (1) Eve,y Panchayat Sam1ti shaP, at such time and in such Panchayat manner as may be prescribed prepare in each financial year a Samiti budgets of Its estimates receipts and disbursements for the following financial year and submit the budget to ll!e Zilla Parishad. 2) The Zilla Parishad within such time as may be prescribed, either approve the budget or return it to the Panchayat Samtti for such modifications as it may direct 3) If any modifications are made under sub--section(2), the budget shall be resubmitted within such period as may be specified by the Zilla Parishad: Provided that if the approval of the Zilla Panshad is not received by tile Panchayat Samm by the last date of the financial year, the budget shall be deemed to be approved. 4) No expenditure shall be incurred unfess the budget :s approved by the Zilla Panstiad. 5) The Panchayat Samitl may prepare in each financial year a supplementary estimate providing for any modification of Its budget and may submit to the Zina Parishad for approval within such period and in such manner 3S mgy be prescribed. Audit 135{1} The accounts of every Panci1ayat Samiti shall be audited annually in such manner as may be presc1ibed. {2} The audit shall be carried out by the Deputy Commissioner or such other officer as the Chl,:,f Secreta(Y may appoint in this behalf and the Deputy Commissioner or other officer shall witt1in one month Of the comple~1on of the audit fori.vard copies of the audit report to the Chief Secretary and the Panchayat Samiti concerned. (3) The Chief Secretary may after considering the report a'nct after making such further enquiry as tie may consider necessary, disallow any item which appears to him contrary to law and surcharge the same on the person making or authorizing the illegal payment, and shall~ (a) if s~ch person is a mer:1ber of the Panchayat Samit], proceed against him in the mannet specified in :sub- sections(2) and {3) of section 140: and (b) if such person is not a member of the Panchay;:.t Samiti, obtain the explanat!On of the person the d!fed such person to pay to the Panchayat Samlti the amount surcharged wjthin a specified period, and if the amount if not paid within the speafied period, the Deputy Commissione< shall cause It to be recoveted as arrears of land revenue and credit it to the Panchayat SamitiFund. {4} Any person aggrieved by an order of the Chief Secretary under sub-section (3) may, within thirty days of too date of the on:Jer, prefer an appeal to the Administrator whose decision on such appeal shall be final. 33

136. (1) Every Panctrayat Samrri shall submrr annually to tl1e Admirnstration Deputy Commissioner a report on the administration of the report Panchayat Samiti during the previous year. (2} The report shall be prepared by the Pramukh and after it is approve<J by the Panchayat Samiti, shall be forwarded to the Deputy Commissioner with a copy of the resolution of the Paochay<1t Samiti thereon.

137. The Deputy Commissioner shall have power- Power lo call for proceedings etc (a) to call for• (i) any extract from the proceedings of a Panchayat Samiti or any book, record, -correspondence or document in possession or under control of a Panchayat Sarniti, (11) any return plan estimate statement, account or report for the purpose of inspection or examination. (b) to require a Panchayat Sarniti to take into considcralJon~- (l) any objection with appears to the Deputy Commissioner to exist to the doing of anything which is about to be or is belng done by such Panchayat Samiti, or {ii) any information which the Deputy wrnmissloner is ;.;ble to furnish and which appears to the Deputy CommissfOner to necessitate the doing of a certain thing by the Panchayat Samiti and to make written rep!y to the said Deputy Commissioner as the case may be within a reasonable time, stating its reasons tor not desisting from doing such things.

138. If, at any time, it appears to the Deputy Commisstonerthat Defau/r tn a Panchayat Samiti has made wilful and persistent default in performance of the perfonnance of any duty imposed on it by this Regufation, duty by he may, by order in writing fix a period for the performance of Panchayat this duty. If the duty is not performed within the period so fixed, SamItis. the Deputy Commissioner may appoint any person to perform it and direct that the expenses of the performance of the duty shall be paid by the defaulting Panchayat Samiti within such period as ttle Deputy Commissioner may think fit Suspension of 139(1) if. tn the opinion of the Deputy Commissioner, the execution of execution of any otder or resolutiOn of a Panchayat Samit! or order or the dOing or anythl:ng which is about lO be done or is being resolution of done by ot on behalf of a Panehayat Samlti is causing or likely Panchayat to cause W'!jucy or annoyance to the publk; or to lead to breach Samit/. of the peace or ls unlawful he may, by order fn writing suspend the executir:m or prohibit the dOi'ng thetoof. {2) When the Deputy commiSSJoner mat-;es an order under sub- section {1), he shalf forthwith send to the Panchayat Samiti affected thereby a copy of the order together wtth a statement of the reasons far making It. {3) The Deputy Commissioner shall forthwith submit to the Chief Secretary of the Union Territory a report of the circumst~nces 111 'llhich the orctaf was mooe under this section and the Chief Secretary of the Union Territory may after glviflg notice- to the Parn::hayat S.amiti and making such inquiry as he deems frt, rescind, modify or conrlfm the order. Liability of 140 (1) every member of a Parn::hayat Samrti shall be rnernbers for personally !labie for the !Oss, wastage or miSappUcanon of any loss, wastage or money or other property of the Panchayat Samiti to which he misapplication has been a party or which has been caused or facilitated by his 34 misconduct or wilful neglect of his duty as a member amounting to fraud. (2) If after giving the member concerned a reasonable opportunity for showing cause to the contrary, the Deputy Commissioner is satisfied that the loss, wastage or misapplication of any money or other property of the Panchayat Sam'rtl is a direct consequence of misconduct of wilful neg!ect on his part, he shall by order in wrtting direct - such member to pay to the Panchayat Samiti before a fixed date, the amount required to reimburse it for such loss, wastage or misapplication: Provided that no such order shall be made for bonafide or technical irregularities or mistake of a member. (3) If the amount is not so paid, the Deputy Commissioner shall recover it as an arrears of land revenue and credit it to the Panchayat Samiti Fund. (4) An order of the Deputy Commissioner shall be subject to an appeal to the Chief Secretary of the Union Territory if made within thirty days of the date of the order. Dissolution of 141(1) if in the opinion of the Administrator, a Panchayat Panchayat Samiti-- Sarniti. (a) exceeds or abuses its powers; or (b) is incompetent to perform or makes wilful and persistent default in the pelformance of the duties imposed on it by or under this Regulation or any other law for the time being in force; or (c) fails to levy the taxes leviable under this Regulation ; or (d) pemistently diwbeys the order of the Deputy Commissioner made under sub-section(2) of section 139, the Administrator may, by order published in the Official gazette, dissolve the Panchayat Samiti and direct that it shall be reconstituted in the manner provided in this Regulation. (2) No order under sub-section (1) shall be passed without giving to the Panchayat Samiti a reasonable opportunity to render an explanation. (3) If a Panctiayat Samiti is dissolved under sub-section(1) the following consequences shall ensure, namely:- (a} all the members of the Panchayat Samiti shall form the date specified in the order cease to be members; (b) all powers and duties of the Panchayat Samiti shall, during the period of dissolution of the Panchayat Samiti, be exercised and performed by such person or persons as the Administrator may appoint In this behalf: (c) the committees for the Panchayat Samiti shall be deemed to have been dissolved and all the members of the committees shall vacate office as from such date.

142. If any dispute arises between two or more Panchayat Disputes Samitis, ft shall be referred to the Chief Secretary of the Union between territory and decision of the Chief Secretary thereon shall be Panchayat final. Samitis.

143. The Chief Secretary of the Union Territory of the Deputy Chief Secretary Commissioner may call for and examine the records of the or Deputy proceedings of any office of the Panchayat Samiti or Gram Commissioner Panchayat for the purpose of satisfying himself as to the may call for legality or propriety of any order passed and may revise or proceedings. modify the order as he may deem fit. 35 CHAPTERXI THE ZILLA PARISHAD

144. The Administrator shall be notificatlon in the Official Zilla Parishad Gazette constitute for the districts in the Union Territory to which this Regulation applies, a Panchayat at the district level to be called the Zilla Partshad. 145(1) The Zilla Parishad shall consist o! such member of Composition of seats as the Administrator may by order detem»ne. Zilla Parishad (2) The seats in the Zilla Parishad shall be filled by person chosen by direct election form the territorial constituencies in such manner that the ratio between the population of each roostituency and the number of seats allotted to ft shall so far as practicable be the same throughout the Zilla Parlshoo area, (3) The following persons shall also be represented In the Zilla ParishOO, namely:- (a) al! the Pramukhs of the Panchayat Samms: \b) the Member of the House of Partiament reprnsentlr,g the Union T enitory. 'Who shall have the right to vote in tlle meetings of the zrna Parishad. (4) The provisions to sub-sections(5), {6), {1) and (8) of section 11 shall so far as may be apply 10 the Zilla Parlshad as they apply to a Gram Panchayat subject to the modification that for the works "Gram Panchayat". wherevet the occur, the works ~zma Parishad" had been substituted. Incorporation of 146. The Zilla Parishad shall, by the name nolliled in the Zilla Parishad. Official Gazette under section 144, be a body corporate having perpetual succession and common seal and subject to such restrictions and conditions imposed by or under this Regulation or any other law for the lime befng in force have power to a!Xluire, hord administer and tran::.ier property, both movabie and immovatxe and enter into any cotrtract and sha!t by the said name sue or be suect Persons qualified 147(1) Every member of the Gram Sab.t<ias consututlng the Zilla to vote and be Parlshad shall, unless disqualified under this Regulatton or any elected other law for the time being in force be qualified to vote at an eiechon to the Zilla Parishad. (2) Every member of the Gram Sal>has constltuling the Zilla Parishad shall, unless disqualiftad under this Regulation or any other law for the time being in force be qualified to vote at an election to the :zma Parishad. Disqt.la1ification 148. No person shall be member of a Zilta Pafishad or continue as such if he- (a) has failed to pay any tax, fee or othet sum due to the ZlHa Parishad within three month~ from the date on or before whlch sueh tax fee or other sum is required to be paid; or (b) holds any salaried office or place of profit under a Gram Sabha Panchayat Samiti or the Zilla Parishad; or (C) has directly or indirectly any share or monetary interest In any work done by or to the Ztlla Parishad or in and contract or employment with or under or by or on behalf of the ZiMa Parish.ad; nr (d) is a servant of the Government or any municipality; or 36 (e) has been dismissed from the service of the Government or a municipality for misconduct: or 2 of 1974 {f) has been ordered to give security for good behaviour under section 109 or t 10 of the Code of Criminal Procedure 1973; or (g) has been convicted by a criminal Court of any offence involving violence or moral turpitude and sentenced to imprisonment for not less than three months and a period of five years have not elapsed since his release; or (h) has not attained the age of 21 years; or (i) is of unsound mind and has been so declared by a competent Co11rt; or U) has been declared by a competent court as a.n insolvent: or (k) has been disqualified under any law relating to elections for the time being in force for adopting a corrupt practice or for commission of an election offence during the period of such disqualification; or (!) subject to dause(h), is so .disqualified by or under any law for the time being in force for the purposes of election to the House of the People.

149. If any question arises as to whether .J person has become Decisions on subject to any disqualification referred to in sec!ion 4, section 7 questions as to or section 148 it shall be referred to the Chief Secretary of the disqualification Union Territory for decision and his decision thereon shall be final: Provided that before giving any decisions on any such question, the Chief Secretary shall obtain the opinion of the Election Commission and shall act accordingly to such opinion.

150. (1) On the constitution of the Zilla Parishad for the first Election of time under this Regulation or on the expiry of the terms of the Adhyaksha. Zilla Parlshad or on its reconstitution, a meeting shall be called on a date fixed by the Deputy Commissioner for the election of the Adhyaksha and the Up-Adhyaksha. (2) The Deputy Commissioner shall preside at such meeting but not have the right to vote. (3) No business other than the election of the Adhyaksha and the Up-Adhyaksha shall be transacted at such meeting. (4) In case of equality of votes, the result of the election shall be decided by lots drawn in the presence of the Deputy Commissioner in such manner as he may determine. (5) The Adhyaksha and the Up-Adhayaksha of the Zilla Parishad shall be elected by and from amongst its elected members in the first week of April every year for the duration of that financial year. . (6) The office of the Adhyaksha for the first and third year of the Zilla Parishad shall be reserved for a women and for the fifth year in favour of a member if any, belonging to the Scheduled Tribes: Provided that each time when there is a change of Adhyaksha an election shall be held to elect the Adhyaksha belonging to the particular category in the manner provided under this section. 37

151. The executive powers of the Zilla Parishad under this Adhyaksha to be regulation and the responsibility for the due fuffilment of the executive. duties Imposed on the Zilla Parishad under this Regulation and for carrying out the resolutions of the Zlfta Parishad shall vest in the Adhyaksha. 152 {1) The Zilla Paoshad, untess sooner dissolved under any Dur.nion of Z.illa law for the time being Jn force; shall amtinue for five years from Parishad. the date appointed for Its fitst meeting and no longer. {2) An elect.ion to constitute the Zma Parishad shall be complete« :- (a) before the expl,y of its duration specified in sub-section(1): {b) before the expl,y of a petlod of six months from the date of its dissolutiOrt Provided that W!lere 1he reminder of the petlod for which the dissolved zma Patishad would have continued in less than six morths, it shall not be necessary to hold any election under this sub-section for constituting the Ziila Parishad. {3) The Zffla PariShad constituted upon the dissolution of a ZiUa Panshad before the expiration of Its duration snau oonttnue only for the reminder of the period for which the dissolved Zilta Parish.ad' would have continued under sub-section{1) had it not been so dissotved. Oath of Office, 153. (1) As soon as may be after1he first meeting ot the 2:iila Pansnati t::vc:1y , - . ~ ~ tt\Areof shall take the oath of office before the Deputy Comm'issi:oner in '!h~ form set out ln the first schedule. (2) No member who nas not taken such nath shalf vote or take part in the proceedings of any meeting nor shaff he be included as a member of any committee ronstitut<ld by the zma Parishad. Resignation nf ~:.:.\ ;,. Any member of the Zilla Parishad may resign his office ~;!IC(;\ by gtving notice in writing to that effect to the Adhyaksha, and such resignation shall take effect from the date of rts receipt by the AdhyaksM. (2) The Up-Adhyaksha may resign his office by giving notice in writing to the ;1.dnyaksha. but this resignation shall not take effect till it .S accepted by the Zilla Parishact. (3) Adhyaksha may resign his office by giving notice in Wlffiog to the Deputy Commissioner but the resignation shall not lake effect untd it is accepted by him. Casual Vacancy 155. Any casual vacancy in the office of the Adhyaksha, Upadhyaksha ot a seat in the Zilla Parishad shall be filled in the case of a seat of a Zilla Parishad or the office of UpadhyaksM for the reminder of the dmation of the Zilla Parlshad and fn the case of Adhyaksha for the reminder of the period of his term by election in accordance with the provisions of this tegu!ation: Provided that in case of a seat or office of .the Adhyaksha reserved for women or scheduled Tribes no person other than a women or a member of the Scheduled Tribes shall be qoalitled to be chOsen to fill SU(;h vacancy. Motion of No- 156. {1) A motion of no-confidence may be moved by any confidence member of a Zilla Parisha:i against the Adhyaksha or the Upadh.yaksha after giving such notice thereof as may be prescribed. 38 {2) !f the motion is carried by a majority of not less than two thirds of the total number of members of the Zilla Parishad, the Adhyaksha or the Up-Adhyaksha, as the case may be, shall cease to hold office after a period of three- days from the date on which the motion is carried unless he has resigned earlier, • \3) Notwithstanding anything contained in this regulation. the Adhyaksha or the Up..Adhyaksha shall not preside over a meeDng in which rnotIDn of no-confidence is discussed against him but he shall have a right to speak or otherwise take part in the proceedings of such meeting.

157. (1} An Office of the rank of the Deputy Commissioner shall Staff of Zilla be the Chief Executive Officer of the zma Parishad who shall Parishad. be apf.)(Hoted by the AdministratOf. (2) The Administrator may appoint an Additional Chief Executive Officer for the Zilla Parishad on such tenns and conditions as may be prescribed. (3) The Administrator shall also appoint a Chief Accounts officer and a Chief Planning Officer for each zma Parishact (4) The Government shafl ~ l from time to time in every Zilla Parishad such number of Officers of Group 'A' and 'B' Services of the Andaman and Nlcobar Admfnistratlon {including any Officers appointed to such setVfce from amongst persons employed by the existing local authority) and officers of an All India Smvices altocated to serve under the Andaman and Nfcobar Administration as the Administrator considers necessary. (5) Notwithstanding anything rontained in this Regulation or any other law for the time being in force the Administrator or any other Officer or other authority authOrized by him in this behalf shall have power to effect tranSfer of the officers ao:I officials so posted from one District to an::ither District and to the Andaman and Nicobar Administration. (!)} Tt)c Adn~1rnstrato~ may constitute such services for the Zi!ta Parishad as may be pr-escrmed. 158 (1) Save as other wise expressly provided by or under this Functions of the Regu/atfon the Chief Executive Officer shall- Chief Executive Officer and other a) carry out the f.X)lic!es and directions of the Zilla Parishad and officer. take necessary measures for the speedy execution of an works and developmental schemes of the Zilla Palishad; b) discharge the duties imposed uPon him, by or under this Regulation or the rules and bye-laws made thereunder; c) c.-orrtrol the officers and serv.ams of the Zilla Parishad subject to the genera! superintendence and control of the Adhyaksha and such rules as may be prescribed; d) have custody of all papers and documents relating to the ZIii;_, Paristiad; and e) draw and disburse monies out of the Zilla Parishad Fund and exercise such other po,ver.s and perfann suct1 other tunctions as may be prescribed. 2) The Chief Executive Officer shall attertef every meeting of the Zilla Parishad and may take part in the discussion but shall not have the right to move any resolution or to vote. If in the opinion of th-e Chief Executive Officer any proposal before the 39 zma Parishad is viofative of or inconsistent with the provisions of tms Regulation or any other law, rules or orders made thereunder, It shall be his duty to bring the same the notice of the Zilla Parfshad. 3) The Chief Accounts Officer shall advise the Zilla Parishad in matters of Financial policy and shall be responsible ror all matters relating to the at.'COunts or the Zilla Parishad including preparation of annual accounts and the budget 4) The Chief Accounts Officer shall ensure that no expenditure is incurred except under proper sanct!On and in accordance with this Regulation and the rules and bye laws thereunder and shajl diS$ll!ow any expenditure not warranted by thfs Reguiation or rules and bye-laws or for which no prov~n is made in the budget. 5) The additional Chief Executive Officer shall assist the Chief Executive Officer in the performance of his duties, 6) The Ch!ef Planning Officer shall advise ttle Zilia Parishad in matters of plan formulation and shall be responsible for atl matters relating to planning of the Zilla Partshad including the preparatlon of plans economic development and social jUstice and annual pians of the distlid. Right to 159. (1) Every person in poSSEsslon of moneys, accounts, requisition records or other property pertaining to a gram Paochayat or records. Panchayat Samiti or Zilla Parishad shall on the requlsition ln writing of the Crnef Executive Officer for this purpose, forthwith hand over such monies or detwer up such accounts, records or other property to the Chief Executive Officer the person authorized ln the requisltion to receive the same. (2) The Chief Executive Officer may also take steps to recover any more due by such person in the same manner and subject to the provisions contained in chapter !X of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1965 for the recovery of the arrears of the l::md revenue from defaulters: and for me purpose of recoverino the accounts, records or other property pertainlng to the G:am Panchayat or Panchayat Samiti or Zilla Panchayat may Issue a search warrant and exercise all such powers wtth respect thereto as may lawfutty be exercised by a magistrate under the provlSlons of chapter VH of the Code of Criminal Procedure. Meetings of Zilla 160. (1) The time and p!ace of meeting of the zma Parishad Parishad. and the procedure to be followed at such meeting shall be such as may be prescribed. {2} A member of the Zilla Patishad may, at any meeting, move any resolution and put questions to the Adhyaksha or the Up- Adhyaksha on matters connected with the administration of the Zil!.;1 P;::irishad in the manner prescribed. (3) No resolution of the Zilla Parishad shall be modified, amended varied or cancelled by the Zilla Parishad within a period of three moths t.rom the date of passing thereof except by a resolution supported by two thirds of the total number of members of the ?illa Parishad. 161 (1) Subject to such control and restrictions as may be Standing presCfibed, the Zilla Parishad may appoint standing Committee committees for exercising such of its powers and discharging such of n:s duties and functions as it may specify_ (2) A committee shall consist of not more than ftve members and may be dissolved or reconstituted for such reasons and In such manner as may be prescribed. 40

162. No act or proceedlngs of the Zilla Parishad or of any Proceedings not standing committee thereof shall be deemed to be !nvaiid by to Invalid reason only of the existence of any vacancy or defuct in the constitution of the Zilla Parlshad or the oommittee or of any infirmity In its proceedings. 163(1) The Zilfa Parishad shall have such powers and ~_uthority Duties and as the Administrator may, by order. specify, so as to enable it functions to function as an institution of self Government with respect to the preparation of ptans for economic development and social justtee am the lmplementatton of schemes tor econom!C development and social justice in relation to tile matters listed In the sixth Schedule. (2) The Zilla Paristiad may also make provision for cartyiOII out ~ the area as the district any other \\tlrk or measure which is likely b., ~ate the health, safety, education, comfort, convenience or sociai or economic well being of the residents of the district. 164(1) The Zllla Parishad In respect ol all roads, streets, Control of zma hr!~~ ~~vem, and othet properties placed by the Parishad on Adminisll'ator under sub-section {1) of - n 1!ll) under its certain direction, management and eofltrOi, may do aft things Proj)Ortjes. necessary iw UM:1 m,,,;.i~ •.;.-.,;:;;; :~ ~ r theteQf and in partk:ular, may- (aJ ~~ • ..,,~n. enJi31'Qe or otherwtse improve any such road bridge or culvert and plant and preserves trees on the side of such roads; (b) deepan or otherwise improve any wateM;ourse and ether property mentioned fn clause {c) of sub sectton(t) of section 169: and le) cut any hedge or branch of any tree projecting on any such public road or street (2} The Zllla Parishad sMU also have contrrn of ~I roads, streets, wa:erway, bridges and ctJlverts (which are situatea w'ithln Hs jurisdiction, not being pnvate property or the property 1~· ::.~ ~tine oe1ng unoer me comn>J u; uHJ Gove1111nentJ and may do all things necessary for thA improvement, maintenance and repair thereof and tn particular may- (a) fay out and make new roads, and (b) construct new bridg-es and culverts. Transfer of any 165. the Administrator, may entrust to the Zilla Parishad the work or execuoon maintenance or repair of any work or the institution to the management of any lnstitution on behalf of the Government of Zllla Parishad, any local authority: Provided that the funds necessary for the execution, maintenance or repair of the work or the management of such !fl-5litution shall be p1aced at the disposal of the Zilla Parlst:ad by the Government or such local authority. Exec:.rt:ion of 166. Every contract or agreement entered into by a Zilla contracts. Parishad shall be in writing and shall be signed by the Adhyaksha and by two other members of the Zttla Patishad and sealed with the common seal of Zilla Parishad. Constitution 167. A fund to be called the Andaman and Nicobar Islands ZiUa Panshad Parishad Fund hereinafter referred to as, the Zilla Parishc:Ki Fund: shall be oonstituted for crediting the fof!owing monies by or on behalf of the Zilla Parishad and also for withdrawal of such monies there from, namely.. 41 (i) the proceeds of any tax or tee imposed by or under section 170; (ii) tne contributions made by the Government or any local authority or person; (iii} all sums ordered by any authority or court to be credited to the Zilla Parishad Fund: (iv) the income from securities in which the Zilla Parishad funds is invested: (v) all sums received by way of loans or gifts; (vl) the income derived from fisheries under the management of the Zilla Parishad; (vii) ttie income from or any proceeds of any property of the Zilla Parishad: (viii) Sums assigned to !he Zila Parishad Funds by any general or special order o! the Government: (Ix) all sums received in aid o! or for expendilura on any institwon or service, maintained or financed from the Zilla Pansha<l Fund or managed by Ille Zilla Pammad. (x) grant-in-aid from the ronsolidated Fund of India.

168. The Administrator may, subject to such conditions as he may deem fit, make grants to the Zilla PaJlshad for general purposes or for the improvement of the district and the welfare of residents therein. Properties 169. (1) The Administrator, may, if he deems fit place all or any vested in the of the properties of the nature specified below and situateo Zilla Parishad. wtthin the jurisdiction of the ZUia Parishad, under the direction, management and control of the Zilla Parishad, nam8'y:- (a) open sites, vacant and grazing land: not bel:ng private property, and river beds; (b) public roads and streets: (c) public channels, watercotnes, wells, ponds. tooks (except irrigation tanks under the control of the government), public spring, reservoirs, cisterns, aqueducts and any adjacent land {oot bein9 private property) appertaining to any public tanks or ponds; and lands appertaining thereto; (d) public sewers, drains, drn1nage WC1rks tunnels and culverts and things appertaining thereto and other conservancy works. (e} sewerage rubnish and offensive matters deposited on streets or coi!ected by the Panchayat from streets, latrines, urin.:d,;,, sRWBr3, GGsspools and other places; and (f) µubllc: lamp:-;, lamps posts and apparatus connected within or appertalniny thereto. (2) AU markets and fairs or such portion thereof as are held upon public land shall be managed and regulated by the Zina Parishad and all dues levled or imposed in respect thereof shall be credited to the Zilla Parishad Fund.

170. (1) The Zilla Parishad shall levy, collect, assess and Taxes which appropriate 1he fOlkJwing taxes, duties, tolls, cess and fees in may be imposed. accordance with the procedure and subject to such limits as may be prescribed, ramely:- (a} Tax on !antis and buildings within its local limits; (b) Tax on professions, trades, callings and employments carried on or held within the local llmtts of its junsdiction on the bafils of the total annual income acqtJed from such professions. trades, callings and employments. (2) Subject to such mles as may be made in this behalf the Ztlla Parishad shall levy:- (a) on all transfers of immovable property srtuated withln the tOcal limtts of the village a duty in the shape of an additional stamp duty; and (b) a duty 'in the shape of an additional stamp duty on all payments fur admission to any entertainment 42 (3) subject to such maximum rates and the Administrator may prescribe, the Zilla Panshad may levy the following fees, cess and rates, namely:-, (a) fees on the regiStration of vehicles; (b) fees for providing sanitary arrangement at such places of worship or pilgrimage, fair and meals within its jurisdiction; (c) cess on education; (d) water rate, where arrangement for the supply of water for • drinking irrigation or any purpose is made by the Zilla Parishad within the jurisdiction; (e) lighting rate, where arrangement for lighting of public streets and places is made may the Zilla Parishad within its jurisdiction; (f) conservancy rate, where arrangement for clearing private latrine, urinals and cesspool, compounds Jtt:ached to dwB:ii,1g areas is made by the Zilla Parishad within it:e jurisdiction;

171. Any person aggrieved by the assessment, levy or Appeal against imposition of any tax or fee under section 128 or 170 may levy of tax etc. appeal to the Deputy Commissioner within thirty days of the date of the order imposing such tax or fee. Suspension of 172. The Deputy Commissioner, may by notification in the levy of tax or fee. Official Gazette suspend the levy or imposition of any tax or fee under section 128 or 170 and may at any time in like manner rescin::I such suspension. Le::ise of 173. It shall be lawful for the Zi118 Parishad to lease by public rn3rkcts etc. auction or private contract the collection of any fee on markets and bazaars if any such fee is imposed under section 170: Provided that a lessee shall give security for the due fulfilment of the conditions of the lease or contract. Recove~, of 174(1) When any tax or fee or other sum d;Je to :he Zilla taxes and other Parishad has become payable, the Zilla Panshad shall, with the dues. least practicable del;:iy, cause to be sent to the person leviable for the payment thereof, a demand nmice in the prescribed i"orm for the amour.t due from him and require him to pay the amount within thirty days from the c!ate of such notice. (2) Every such notice of demand under sub-section(1) shall be served in such manner as may be prescribed; (3} If the sum for which a notice of demand has been served is not paid within thirty days the date of such notice, the Zilla Parishad may apply to the T ehsildar concerned for its recovery as arrears of land revenue. Accounts 175. Every Zilla Parishad shall maintain accounts of its receipts and expenditure in such fonn as may be prescribed. Budget 176 (1) Every Zilla Parishad shall, at such time and in such manner as may be prescribed, prepare in each financial year a budget of its estimated receipts and disbursements for the following year and submit it to the Administrator. (2) The Admlnistrator may, within such period as may be prescribed, either approve the budget or return it to the Zilla Parishad for such modifications as he may direct. (3) If any modifications are made under sub-section(2), the budget shall be resubmitted within such period as may be specified. (4) No expenditure shall be incurred unless the budget is approved by the Administrator. Audit 177(1) The accounts of every Zilla Parishad shall be audited annually in such manner as may be prescribed . 43 (2) The audit shall be carried out by the Deputy Commissioner or such other officer as the Chief Secretary of the Union Terr~ory may appoint in this behalf, and the Deputy Commissioner or such other officer shall, within one month of the completion of the audit, forward copies of the audit report to the Chief Secretary and the Zilla Parishad. (3) The Chief Secretary of the Union Territory may after considering the reports and after making such further enquiry as he may consider necessary, disallow any item which appears to him contrary to law and surcharge the same on the person making or authorizing the illegal payment, and shal!- (a) if such person is a member of the Zilla Parishad, proceed against him in the manner specified in sub-section (2) and (3) of section 182; and (b) if such person is r.ot a member of the Zilla Parishad, obtain the explanation of th0 person and direct such person to pay to the Zilla Parishad U:c; amount surcharged within a specified period; and if the amount 1f not paid within the specified period, the Chief Secretary of the Union Territory shall cause it to be recovered as the arrears of land revenue and credit it to the Zilla Parishad Fund. (c) Any person aggrieved by an order or the Chief Secretary of the Union Territory under sub-section(3) may, within thirty days of the day of the order, prefer an appeal to the Administrator whose decision on such appeal shall be final. 178(1) The Zilla Parishad shall submit annually to the Chief Administration Secretary of the Union Territory, a report on the administratiofl report. of the Zilla Parishad for the previous year. (2) The report shall be prepared by the Adhyaksha and after it is approved by the Zilla Parishad, it shall be forwarded to the Chief Secretary of the Union Territory with a copy of the resolution of the Zilla Parishad thereon.

179. The Administrator or any mher officer appointed by him ir. Power to c.;11 for this behalf shall have power - proceedings etc. (a) to call for- (i) arv extract from the proceedings of the Zilla Parishad or any bool<s, records, correspondence or documents in the possession er under the control of the Zilla Parishad; (ii) any return, plan, estimate, statement, account or report for the purpose of inspection or examination; (b) to require a Zilla Parishad to take into consideration- (!) any objection which appears to the Administrator or any other officer authorized by him in this behalf to exist due to the other officer authorized by him In this behalf to exist due to the doing of any thing which is about to be or is being done by the Zilla Parishad ; or (ii) any infonnation which the Administrator or any other officer authorized by him in this behalf is able to furnish and to necessitate the doing of a certain .thing by the Zilla Parishad and required it to make written reply to him within a reasonable time, stating its reasons from not desisting from doing such things.

180. If, at any time, it, appears to the Administrator or any Default in other officer appointed by him in this behalf that a Zilla perfonnance of Parishad has made wilful and persistent default in the duty in Zilla performance of any duty imposed on it by this Regulation. he Parishad . may by order in writing, fix a period for the perfonnance of that 44 duty. If the duty is not performed within the period so fixed. the Administrator or any other officer appointed by him ln this behalf may appoint any person to perfonn It, am direct that the expenses of the performance of the duty shall be paid by the defautting Zilla Parishad within such period as the Administrator or any other officer appointed by him in this behalf may think fo. Suspens,on of 181. (1) If, in the opinion of the Administrator or any officer Execution of appainted by him in this behalf the execution of any order or order on resolution of the Zilla Panshad or!he doing of anything which is resolution of Zilla about to or is being done by or on behalf of Zilla Parishad is Parishad. causing or ikely to cause injUIY or annoyance to the public or lead lo a breach of the peru:e or IS unlawful, he may, by omer in writing, suspend the exeootion or prohibit Ille doing thereof. (2) Wilen 1l1e Administralor or any olher officer appointed by hl'n makes an order under sul>-section(1J he Shafi fonllwith send lo Zilla Parishad affected thereby • copy of the o - tagether with a statemero of the reasons fur maklng ~. (3) Then,aller the Administrator or such other offieefs as so authorized by him may, alter giving such notice to the Zilla Panshad as he deems lit, rescind, modify or confirm the o-. Uabilrry of 182(1) Every member of the Zilla Panshad shall be personally members for ress Hable for the loss. waste or misapplication of any money or waste or other property of the Zilla Parishad to whfch he has been a misappllcation party or which has been caused or facilitated by his misconduct or wHtful negted of his duty as a member amounting to fraud. (2) If after gMng the member ooncerned a reasonable opportunity for showing cause to the contrary, the Chief secretary of the Union Territory is satisfied that the loss, waste or misapplication of any money or other property of the Zilla Parishad 1s a direct consequence of miscondud of wilfully neglect on the part of such member, he shall, by order in writing, direct such member to pay to the Zilla Parishad before a fixed date, the amount required to be reimbursed to it for such loss, waste or misapplication. Provided that no such order shall tie made for bonafide or technical irregularffies or mistakes of a member. (3) If the amount is not so paid , the Chief Secretary of the Union Tnrritmy shall recover lt as an arrear of land revenue and credit it to the Zilla Parishad Fund. (4) Ao order, of the Chief Secretary of the Union Territory shall be subject an appeal to the Administrator if made within thirty days of the date or the order and the Administrator may, after making such lnqillry as he may deem necessary and after hearing the appellant, rescind or vary or confiml the order. Disso:ut1on of 183 (1} If in the opinion of the Administrator, the Zilla Parishad.• Ziila P;:;r-sharJ (a) exceeds or abuses Its powers; or (b) is incompetent to perform, or makes wiliful and persistent defaul1 in the perfonnaf)ce of the dutfes imposed 011 it by or under this regulation or any other law for the time being fn force; or (c) fails to levy the taxes leviable under this Regulation; or (d) persistently disobeys the order made under sub-section(2} of section 181, the Administrator may, by order published in the Official Gazette, dissolve the Zilla Parishad and direct lhat i1 shall be r-econstituted in the manner provided ir, this Regulation. 45 (2) No order under sut>-seclion (1) shall be passed without giving to the ~la Partshad a reasonable opportunity to render an explanation. (3) ff a Zilla Parishad is dissolved under sut>-section (1) the followiriQ,cons~uences shall ensure, namely:- (a) all the members of the Zilla Parishad shall, from the date, specified in the order, cease to be members; (b) all powers and duties of the Zilla Parlshacl shall, during the period of dissolution of the Zilla Parishad, be exercised and perfonned by such person or persons appointed by the Administrator in this behatt, (C) Tile standing committees of ,the Zilla Parisha<l shall be deemed lo have been dissolved and all the members of the zma Parish.ad shall vacate office as from the date of its dlssolut!on. (4) An election to reconstitute a Zilla Parlshad aftef such dissolution, shall be completed before the expiry of a period of six months from the date of its dissolutlon. 184(1) The Administrator may, by notification in tile Official Gazette delegate to any officer of authOfity or autho(ity subordinate, to him, any of the powers conferred on him or any officer subOtdinate to him by this Reguiation, othet than the power to make rules to be exercised, subject to such restrictions aooconditions as may be spocif1ed io the - OelegaliOO of notification. {2} The Admin51:rator may by notification in the Official Gazette authorize the Chief Executive Officer to be exercise subject to sucti restricti011s and tonditions as may be specified in the notification all or any of the powers exercisable by and to perform the functions of the Deputy CommiSSJOner under this Regulation. CHAPTER XII ELECTION COMMISSION AND FINANCE COMMISSION 185(1} The President may appoint an Election Commission Election consisting of an Election Commisstoner in whom the Commission. superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections of the Gram Panchayats, Panchayat Samitis and the Zilla· Par'ishad in the Union Territory of Andaman and Nicobar Islands shall be vested. (2) Subject to the provisions of any law the conditions of service and the tenure of office of the Election Commission shall be such as the President may by rule detennlne: Provided that the Election Commission shatl not be removed from ms office except in a like manner and on tha ffke grounds as a judge of a High Court and the conditions of service of the Etection Commissioner shall not be varied to his disadvantage after ms appointment. {3),-,The Administrator shall when so rE!Q..uested by the Election Commissioner make avattable to the Election Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Comm!ssiOner unaer sub- section(1). (4) Without prejudice to the provisions of sub-section (1) the President may appoint the Election Commission appointed u,lder sub-section{i) for the purposes of superintendence. direction and control of the preparation of electoral rollS for the 46 (c) the District Judge may at any stage of the proceedings require the petitioner to give security or further security for the payment of all costs incurred likely to be incurred by any respondent; and (d) the District Judge, for the purpose of deciding any issue, shall only be bound to require the production of or to receive so much evidences, oral or documentary, as he may consider necessary. (2) an order for the payment of costs, or an order for the realization of a security bond for costs passed by the District Judge, shall be executed in the same manner as if the arrount to be recovered was arrears of land revenue. 189 (1) If the District Judge, after making such inquiry as he Findings of thinks necessary, finds, in respect of any person whose District Judge election i:i called in question by a petition that his election was valid, the petition shall be dismissed against such person with cost. (2) If the District Judge finds that the election of any person was invalid, he shall either - (a} declare a causal vacancy to have arisen, or (b) declare another candidate to have been duly elected, whichever course appears, in the particular circumstances of the case, to be more appropriate, and in either case the District Judge may award costs at his discretion. (3} In the event of the District Judge declaring a causal vacancy to have arisen, he shall direct the Election commission to take proceedings for filling the vacancy. Avoidance of 190 (1) Notwithstanding anything contained in section 189 if Election the Distr1ct Judge, in the course of hearing an election petition, is of the opinion that the evidence discloses that corrupt practices at the election proceedings in question, have prevailed to such an extent as to render it advisable to set aside the whole of the election proceedings he shall pass a conditional order to this effect and give notice thereof to every candidates declared elected who has not already been made a party to the case, calling upto such candidate to show cause why such conditional order should not be made final. (2) Thereupon every such candidate may appear and show cause, and may recall for the purpose of putting question to him, any witness who had appeared in the case. (3) The District Judge shall thereafter either cancel the conditional order or make it absolute in which case he shall direct the Election Commission to take measures for holding fresh election proceedings. Disqualification for 191. The District Judge may declare any candidate found to corrupt have committed any corrupt practice to be ineligible for being or illegal practice a member of a Gram Sabha or for contesting an election under this Regulation or for being appointed or retained in any office or place in the government or any local authority or for befng registered as a Member of any Gram Sabha for such period not exceeding five years as the District Judge may determine. Bar to 192(1) Notwithstanding anything contained in this Regulation, interference by the validity Of any law relating to delimitation of constituencies Courts in or allotment of seats in such constituencies made or purporting electoral matters to be made under this Regulation shall not be called in question in any court. (2) Save as othetwise provided In Section 187,188, 189, 190 and 191 no civil court shall have jurisdiction to question the legality or validity of any action taken or decision given by the Election Commissioner or the Chief Secretary or the Deputy Commissioner in connection with the conduct of elections under this Regulation. 48 Powerto enter. 193 Tile Assistllnt commIssmner in the case of Gram Panchayat and Depufy Commissioner iri the case of Panchayat Samitl and Zilla Parishad may authorize any of his officers, to enter in and 'mspect or cause to be entered and inspected any immovable property occupied by any Gram Panchayat or Panchayat Samrti or Zilla Panshad or any WOik in progress under the direction of such Gram Pancllayat, Panchayat Samlti or Zilla Parishad as the case may be. 194 (1) No action shall lie against any member, officer, senrant Bar ol action or agent of a Gram Panchayat or a Nyaya Panchayat or against Panchayat Samifi or zma Palishad acting under me direction Panchayal, etc of such Gram Panchayat or Nyaya Panchayat or a Panchayat and previous Samlti or Zilla Panshad action in respect of any1hing done in notice before good faith under this Regulation or any rule or bye-law made institution. thereunder. (2) The provisions of the Judicial Officers Protection Act, 185D shall apply to the members of the Nyaya Panchayal. (3) No action shall be brought against any Panchayat or a Panchayat Samit! or a Nyaya Panchayat or a Zilla Parishad or a Pradhan or Up.Pradhan or Sarpaoch or Up,Sarpanch. Pramukh or Up-Pramukh or Adhyal<sha or Upadhyaksha or any of their members, off,cers servants or agents for anything done or purportmg to be done under this Regulalions and the Rules and bye-laws fr:.;,'lled thereunder unt~ the expiration of two months next after notice in writing has been klfi or delivered at the office of such Panchayat or Nyaya Panct,ayat or Pancllayat Samlti or Zilla Parishad and also at the residence of such of their members, officers, servants or agents against action is intended to be brought. The notice shall state the case of action, the nature of the relief sought the amount of compensation, if any, claimed and the name and place of abOcte of the person who interds to bring the acf1on. (4} Every such action shall be commeticed within six months after the accruar or the cause of action and not afterwards.

195. Every member ol a Gram Panchayal or a Nyaya Members e1c. of f>anchayat or Panchayat Samiti or Zilla Panshad .and every Panchayat etc officer and servant maintained by or employed under a Gram to be public Panchayat or a Nyaya Panchayat or a Panchayat Samiti or se!Yant. Zilla Parishad sh-111 be deemed to be a public servant within the meaning of section 21 of the Jndian Pen.al Code.

196. No member of a Gram Panchayat or a Nyaya Panchayat Members etc. to or a Panchayat Samiti or a Zilla Parishad or any of their officers refrain from having any duty to peffonn in connection With any sale under tak!ng part at this regUiatlon, shall directly or indirectly bid for, or acquire any saSe. interest in any property sold at such sale, 197, Every Police Office sha!I give immediate tnforrnatbn to the Powets and Gram Panchayat, Nyaya Panchayat, Panchayat Samiu and duties of Police zma Parishact of an offence coming to rus knO>Medge which has in respect of been committed against this Regulation or any rules or bye- offences and laws made thereunder and shall assist all members and assistance to servants of the Panchayat; the Nyaya Panchayat, Panchayat Panchayats. Sarniti and Zilla Parishad lo the exetdse of their lawful authority. 198, Every Gram Panchayat, Nyaya Panchayat, Panchayat Classification Samiti and zma Palishad shall classify and preserve its records and reservation in the manner prescribed. of records. Inspection and 199. Every Gram Panchayat, Nyaya Panchayat, Panchayat copies or Samiti and ZUia Panshad shan Of'1 an application made to it by mcords. any person interested, allow inspection of Its: records and grant certified copies thereof on payment of the ptescribed foo. Court ~eo-s Act 200. The pmvlsions of the Court Fee Act: 1870 shall not apply 1 of 1870 not applicable. to any proceed'ing:s before a Nyaya Panchayat 49 Removal of 201.(1) if any difficulty arises in giving effect to the provisions of difficulties. this Regulation, the Administrator may by order published in the Official Gazette make such provisions not inconsistent with the provisions of this Regulation as appears to him 1o oo expedient for removing of that difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Regulation. (2) Every order made under this section shail as soon as- may be after it made be laid before each House of Partiament Power to make 202 11) The Administrator may, sobject to the condition of rules. previous publication by noffllcatloo in the official Gazette. make Mes to carry out the provisions of this Regtliation. (2) in particular and without prejudice to the generalny of the forgoing pot"ief, such rules may provlde for - (a) the rn~r.ner in which assets and ilabffities of a Gram Sabha which has ceased to exist shall be disposed of under sub- section (3) of section 6; {b) the p,epar.1tlo11, reviSion and publication of electoral rolls of members cf a gram Sabha and the particulars which it shall contain and the manner in which it shall be revised under sectiOn 8; (c) the meetmgs of the Gram Sabha ::ma •!Vtive- m ~,..,.h meetinos Uf)dct' suo-~o tJi ot secvnn 9, {d) me manner In which the seats allotted to Scheduled Tribes sn"'.lll tie rotated between diffetent constituencies under sub- ooctron(5 l of section 11; {e) the manner in which seats reserved for W'Omen shall be rotated amongst different constituencies under sub-section (7) of section 11: (f) the manner in wtildl the offices of Pradhan reserved tor the Scheduled Tribes and wumen shall be rotated amongst different Gram Panchayats under sub-section (9) of sedion 11 : {g) the period f0< which nonce IS reqlrired to be given for mo,-·oo a r' rconfid'ern:::e m'ltion under su~ion {1) of section 21; (h) the period for which notice iS required to be given for moving a no,.confidence motion against the Up-Pradhan und.:'!r sub,.section {1) of seetion 22; (i} the terms and conditk>ns of service of the Se:;retar; and other officers and servants Undet sub-section (5) of sectIDn 24; {j) the time and place of meetings of Gram Panchayat and the procedure to be followed at such meetings under sub- section( 1) of section 25; (k) the produce for moving resotutlons and putting questions under sub-section (2) of section 25; (l) the controls and restrictions subject to which a Gram Panchayat may appoint Committees under sub-section (1) of section 26; (m) the reasons for and the manner in which committees may be dissolved or re-constituted under sob-section (2) of section 26; (n} the conditions subject to whieh the Administrator may entrust to the Gram Panchayat the- functions and duties of collecting land revenue and other dues recoverable as arrears of land revenue under sub-section (1) u section 31; (o) the custody in which the Gram FI.Hid Shall he kept under sub-section {3) of section 34: (p) lhe manner fn whfch the taxes and fees Shafi be assessed and realized under sub-section {2) of section 37; (q} the form tn which the demand notice Shall be sent under sub-section (1) of section 41; {rJ the manner in which a demand notice shall be served under sub section (2) of section 41; 50 {s) the form in which account of receipts and expenditure shall be maintained under section 42; (t) the time at Which anrJ the manner in which budget shall be prepared by the Gram Panchayat under sub-section (1) of section 43; (u) the period within which the Ziila Parishad may approve or return !he b'Jdget under sub-section(2) of section 43; (v) the petioo within which !he budget has to be re-submitted to the Zilla Panshad under sub-section (3) of section 43; (w) me penrJd wlt!lln Which me Zilla Palishad has to approve the budget under sub-section(1) of section 43; (x) the manner in which accounts of a Gram Panchayat shall oo audited under sub-section (1) Of section 44; (y) such other duties which may be performed by the Secretary under seetion 57; !z) regulating the conduct, distribu1ion of business and proceedings before a Nyaya Panchayat times anrJ places of sittings of the Nyaya Pancnayat and any other matter necessary for the proper and efficient conduct of proceedirti)S before Nyaya Panchayat under section 77; {aa) the fees to be paid for the Institution of a suit or case before the Nyaya Panchayat under sub-,;:ection {1) of section 78: (ab} the register fn which substance of a case instituted orally shaU be recorded under sub-section (2) of sectio1, 78; (ac} the form ln which summons shall be servG:.t ,_mder section 82: (ad) the manner in which summons shall be served under section 84; (ae) the register in which tho subStance of a case has to be recorded before the Nyaya Panchayat can pass a sentence under subwsectlon (2) of sect.On 87; (af) the register in which the Nyaya Panchayat shaU record the satisfaction of decrees or adjustments under section 101; (ag) the register in which the amount realized shall be enter<>.d under section 104; (ah)the fom, in which and a date before which a Nyaya Panchayat shall submit its annual report under section 105: (al) the period for which Pradhans shall be rotated under clause (a) of sub-section (3) of section 107; (aj) the manner in which offices reserved for Scheduled Tribes and women shall be rotated under sub-section (5) of section 112: {al<) the notice for moving a motion of -no-confidence against Pramukh or Upapramukh under sub--section (1) of section 117; {al) the time and place of meetings of the Panchayat Samitis and the procedure for such meetings under Sub-section (1) of section 121 : (am) the manner in \Mlich a member of Paochayat Samiti may move resolutions and put questions to Pramukh or Up- Pramukh under sub-section (2} Of sectton 121; (an) the controls and restrictions subject to which a Panchayat Samtti may appoint committees under sub-section (1) of section i 22; (ao) the n:asons for which committees may be dissolved and the manner in which rommntees may be reconstituted under sub-section (2) of section 122; . (ap) the custody in which a PancMyat Sarniti Fund shall be kept under sub-section {3} of section 127: (aq) the procedure and limits subject to which taxes, duties, tolls. cess and fees shall be levied unde, sub-section (1) of section 128, (ar) the form in wtiich demand notice shall be sent under sub- • section (1) of section 132, {as} the manner ln wtlich notice of demand shall be served under sub-section {2) of section 132; 51 (at) the manner in which accounts of receipts and expenditure shall be maintained under section 133; (au) the time and manner in which the Panchayat Samilis shall prepare the budget under sub-section (1) of section 134; (av) the period within which the budget shall be resubmitted under,ub-section (3) of section 134; (aw) the period within which and manner in which supplementary estimate shall be prepared under sub-section(5) of section 134; (ax) the manner in which accounts of the Panchayat Samltis shall be audited under sub-section (1) of section 135; (ay) the notice for moving a no-confidence motion under sub- section(1) of section 156; (az) the terms and conditions of the Additional Chief Executive Officer apnointed under sub-section (2) of section 157; (ba) the constitution of services under sub-section (6) of section 157. (bb) such other functions and powers which the Chief Executive Officer may exercise under clause (e) of sub-section (1) of section 158; (be) the time and place of meetings of the Zilla Parishad and the procedure to be followed at such meetings under sub- section ( 1) of section 160; (bd) the manner in which questions may be put and resolutions may be moved before the Zilla Parishad under sub- section (2) of section 160; {be) the manner in which committees may be dissolved or re- constituted under sub-section (2) of section 161·, (bf) the procedure and limits subject to which taxes may be levied under sub-section(1) of section 170. (bg) the conditions subject to which the Zilla Parishad may levy duties and fees under sub-section(2) of section 170; (bh) the form in which demand notice shall be given under sub- section (1) of section 174; (bi) the manner in which a notice of de.r1and ma:; be servr"ld under sub-section (2) of section 174; (bj) the form in which the Zilla Parishad shall maintain accounts of its receipts and expenditure under section 175; (bk) the time and manner in which budget may be prepared under section 176; (bi) the period within which the Administrator may approve or return the budget under sub-section (2) of section 176; (bm) the period within which the budget shall be returned for the approval of the Administrator under sub-section (3) of section 176; (bn) the time and manner in which the supplementary budget may be submitted to the Administrator for approval under sub- section (5) of section 176; (bo) the manner in which the accounts of the Zilla Parishad shall be audited under section 177; (bp) the manner in which records shall be dassified and preserved under section 198; (bq) the fee to be paid for inspection of records and grant of certified copies under section 199; (br) any other matter which is required to be or may be prescr'1bed; Powers to make 203 (1) Subject to the provisions of this Regulation and the rules. Rules made thereunder, the Deputy Commissioner may fram_e bye laws:- (a) to prohibit the removal or use of water for drinking purpose from any source which is likely to cause danger to health; (b) to prohibit or regulate the discharge of water from any drain or premises on a public street or into a river pond, tank, well or any other place; (c) to prevent damage to public streets; 52 (d) to regulate sanitation, conservancy and drainage in !he area of the Gram; (e) to prohibit or regulate the use of public streets or other public place by shopkeepers; (f) to regulate the manner in which tanks, ponds and cess pools, pasture lands, play grounds, manure pits, land for disposal for dead bodies and bathing places shall be maintained and used; and (2) Any bye-laws made under sul>-section (1) may provide that a contravention thereof shall be punishabte with time which may extend to rupees ten and in the case of a conlinuing conlravention with the fine which may extend to Rupees two for each day dU!ing which the contravention continues.

204. Every rules and every bye-laws made ullilf:r this Laying of rules Regulation shall be laid as soon as may be after it is made before before each House of Padiament while it is in session for a Partiament total period of thirty days which may be comprised In one session or in two or more successive sessions, and if, before tt1e expiry of the session immediately following the session or the successwe sessions as aforesaid t:Ah Houses agree for making any modification in the rule or!~;..: law or both hOuses agree that the rule or two law f.hnnlrl not be made. tho rute or by+, law shall thereafter have effect only in 111<Jl.lff!ed form or hr; of no effect as the case may be; so 110wever that ,any such mornf1c-8t:on or annulment shall be wrthout prejudice 10 the v21id1ty of anything previously done under that f'\.J!e or bye-iaw. 2os,1J. Tile Andaman and Nicobar lslands(Gr:im Panchayats) Repeal and Regulation, is hereby repealed. savings No. 4 of (2) the repes.l of the said Regulation Shall not affect,r 1961 (a) The previous operations of the said Regulation or anything cluly done or suffered thereunder, or {b) Any right, privilege, obligatiOn or liability , acquired , accrued or incurred under the said Regulation. {c) Any penalty, forfeiture or punishment incurred in respect of such rtgnt, pn'vilege, obliga1ion, liability, forfeiture of punistiment as aforesaid, and any sUCh investigation, legai proe(;:edfog or remedy may be instJtuted, continued or enforced and any such penalty forfeiture or puniShment may be imposed as if this Regulation had oot been promulgated. (dl Any i-gmlon , legal proceeding oc remedy in respect of sucn right, prtviege, obltgation , !iability forfetture of pun(shment as aroresaid and any such Investigation, legal proceeding or remedy may be instituted • continued or enforced and any such penalty, forfetture or punishment may be imposed as if this Regulation had not been promulgaled.

THE FIRST SCHEDULE (See SECTIONS 19, 54, 115 and 153) I.. ..,. ............. ,............. havlng been elected as Mernber/PradhanLUpapradhan/Pramukh/Upapramukht . . ... , ....... Adhyaksha/Upad hyaksha/Sarpanch/Upsarpanch ... Panchayat/Nyaya Panchayat/Panchayat Samiti/ Zilla Parishad do swear in the name of God/solemnly affinn that I will bear true faith and a!lequiance to the constitutkln of India as by law established. and that l will uphold the • sovereignty and fntegrity of India and that I will faithfully discharge the duties o.t my office to the best of my abilrty, knawledge and judgement without fear ur favour or iU wili 53

THE SECOND SCHEDULE [See SECTION 28(1)J Matters in respect of which G!'lllll Pancllayat will have the authority so as lo enable It lo functions as an Institution of self Government in respect of the l)l'eparation of plans for economic and social justice, 1. In tho sphere of sanitation and hQalth- (a) supply of water for domestic use and for cattle; (b) construction and cleaning of public roads. drains, JK)nds, tanks and wells other than tanks wells used for irrigation purposes and other public places; (c) sanitation, conservancy, the prevention and abatement of nuisance; {d} preser-1ation and improvement of publlr. ht":alth, estabU:>hing and maintaining public hospitals and dispensaries providing public relief; (e} regulation by licensing or otherwise of tea, coffee, and milk shops; (!} provisions. maintenance and regulation of burning: (g} ensuring systematic disposal of carcasses, provision of definite place for the purpose and other mcQf'le for the disposal of unclaimed corps and ~ ; {h) construction and mrunterumce of public latrines; (i) Taking of tnf'J;sures to prevent the out break, spread and recurrence of any infeetiOus diseases; (j) Reclaiming of unhealth localities; (k) Removm or rubffis-h heaps, jungle growth, the filling in of dtsused wells in sanitary ponds, pools, ditches. pits or hollows, the prevention of water -logging in irrigated areas and other improvements of sanitary conditions: (I) Maternity and child welfare; (m) The encouragement of human and animal vaccination; (n) The provision and maintenance of compost pits; (o) Regulating the keeping of cattle and taking necessary steps against stray cattles and dogs; (pJ Regulating, Checking and abating of offensive of dangerous trade or practices; (q) Watering public streets and places; (r) Cleaning publiC streets, places and sewers, and all spaces not being priva!e prope,ty, which ara open lo Ille enjoyment of the public, whether SUCh places are vested in the Panchayat or not removing the noxious vegetation and abating att pubi!C nufsances; (s) Extinguishing fires; and protecting life and property when fires occur; (t) Removing obstruction and projections in public streets or ptaces and in spaces not being private property, which are open to the enjoyment of the public whether such space are vested in the Panchayat or belong to Government; (u) Securing or removing dangerous buildings or places; {v) Constructing, altering and maint~ining public streets , culverts Panchaya! boundary marks, markets, slaughter houses, privates, urinals, drains, sewers. drainage works, sewerage works baths, washing places, dnnking fountains, tanks wells, dams and the like: 54 (w) Obtairing e supply of an 3<:loitiornil supply of water, proper and sufficient for preventing danger to the health of the inhabitants from the ,nsufficiency or unwholesomeness of the existing suPP,y when such suppty or additional supply can be obtained at a reasonable cost: (x) pay,llil the salary and the contingent expenditure account of such police or guaffls as may be required by the Pancllayats for the purposes of this Act or for the protection of any Panchayat property; (y) giving relief 211d establishing and maintairing relief works in ttme of famine or scarcity to or for destitute persons within the limns of the Panchayat. 2, In the sphere of public works-~ (a) removing of obstructions and r,m;t,ctions in ouoi!c streets or places and In sites, not being private property, which are open to the public whether such sites are vested in the Panchayat or belong to Government: (b) construction, maintenance and rnpair of public roads , drains, bunds and bridges: Provided that ff too roads, uralns, bunds ond bridges vest in any other publie authority, such works shall not be undertaken wtthOut the consent of that authority. (c} Maintenance and regulation of the use ot tuildings handed over to the Panchayat or of Governmer,i. buildings under the control of the Panchayat, grazing lands, and tanks and wens (other than tar.ks at.dwells fo. irrigation}: (d) lighting of the vmage: (e) control of fairs, bazaars, tanga~stand and car stands; (f) construction and maintenance or control of slaughter houses: (g) planting of trees in market piaccs and other public places anG tt.eir f'."..Jlffienat<·_'f.J or pre::.,~rvation; (h} conshuction and maintena11ce of Dhannashalas; (i) Management and control of bathing and washing ghats whfch are not managed by any autt10rity; 0) Establishment and maintenance of markets; (k) Constructlon and maintenance of Muses for conservancy staff and village functionaries of the Pa:ichayat; (l) Establishment, control and management of cattle ponds; (m) Estabtisltment and maintenance of works for the provisions of employment particular1y in times of scarcity; {n) Extension of vitlage sites and the regulation of butlding and housing schemes if'I accordance with such principles as may be prescribed_: (o} Construction and maintenance of buildings for warehouse&, shOps, purchasing centers and such others; (p) Construction and maintenance of buildings for common use and of buildings necessary for development activities. 3. In the sphent of Education and Culture - (a) visit to educational institutions: (b) check on attendance and other register::- to enquire and report t{, concerned authoritie•. on educational deficiencies and requirements in the vill3ge. (C) Submission of recommendations on the annual budget of schools. adlJit ar,d non-fonnal centers and pre-primal)' and earty childhood care and educational centers; (d) Construction and repair work of educational institutions entrusred to ttie Gram Panchayat: (e) Submission of reports on regularity of students. teachers attendance and school functio,1ing; tf) Framing of the school calendar under the guklance of the Zilla Parishad, 55 4. In the spher& of self-defence and village defence-· (a) watch and ward of the village and of crops therein and rising volunteer organization or organizations of any other kind, encouraging and assisting such organizations: (b) providing for training faciltties to the youth of the gram for the purpose of self-defence and village defence and assisting such training that may be organized by the Government; (c) preventing of fires, rendering assistance in extinguishing fires and protecting life and property when fire occurs; 5. In the sphere of planning and administration--• (a) the weparation of plm1s for the development of the village; (b) Assisting the implementation of soil improvement projects of the State Government: (c) Economic survey of the gram accompanied by the provision of employment to the unemployed or under employed resident thereof: (d) Preparation of budget, collection and maintenance of accounts, custody and utilization of funds, assessment and collection taxes and maintenance of an Account Code; (e) Use of assistance given by the Central or State Government for any purpose of the village; (f) Making independent surveys of the gram or assisting such survey undertaken by the Central or State Government. (g) Recruitment, training and management of staff to be employed by Panchayat. (h) Control of cattle stands, thrashing floors, grazing grounds and community lands; (i) Est-;blishment main1enance and regulation of fairs, pi ;-r,m;:ig, is and festiv ...ls; (j) Reporting to proper authorities complaints which are not removable by the Panchayat; (k) Preparation, mc:1intenance and upkeep of the Panchayrt records. (I) Reg.s:ration of births, deaths and marriages in such manner and in such fonns as may be laid down by the State Government general or special order in this behalf; (m) Numbering of 11remises; s. In the sphere of community development- {a) relief of the crippled, destitute and the sick; (b) assistance to the residence when any natural calamity occurs; (c) organizing, encouraging and assisting ceroperative activities in the economic and social fields; (d) propagation of family planning; (e) organizing voluntary labour for community works and wo1 kr for the upliftment of the village; (f} opening fair•pfce rhops. 56 7. In the sphere of agrtcultura. pl'!/Servation of forest and pasture l;,nds-: (a) planned improvemenl of agriculture; (b) securing minimum standards of cultivation in the gram with a view to increasing agricUltural production; {c) ensuring conservation of natural resources, preparing composts and sale of manure; (d) production of improved seeds. the establishing of nurseries of improved seeds and promoting the use of improved seeds; (e) promoling the use of improved agricultural implemenls and making such implements easily avrulable; (f) the promotion of cooperative farming; (g) crop-protection and crop experimenis; (h) minor irrigation, construction and maintenance of filled channels and distcibution of water, treatment of drainage lines by dugouts With vegetative drains, loose boulder dams, filter steps and other measure for improving water conservation and preventing soil erosion. (i) Raising preservation and improvement of village forests, pastures and orchards; (j) Taking steps against harmful animals with a view to protection of crops. s. tn the sphere of anJmal Hysbandry- (a) improvement of cattle and cattle-breeding; (b} the general care of live stock; {c) prov'iding and maintaining stud bulls for purposes of cattle breading: (d) promotion of dairy farming. 9. In th& sphere of village lndustries- (a) suiveying and harnessing Uny and village industrial and other employment potential of the gram; (b) providing necessary raw materials for cottage industries and arts and crafts; (c) making efforts for the production by the village craftsmen of modem and improved tools for cottage industries and making such tools easlly available to them; {d) encouragjng and assisting artisans for training in cottage ·industrtes and handicraft; (e) providing for the organization, management and development of cottage industries on a cooperative basis. 10, Subject to the conditions of section 35 maintenance Of records relating to land revenue in such manner and in such form as may be prescribed from time to time by or under any law relating to land revenue.

THE THIRD SCHEDULE (See Section 65) OFFENCES TRJABLE BY A NY.AVA PANCHAYAT (Under The Indian Penal Code , 1960) Sec11on Brief description. 140 wearing false unifonns. 160 Affray. 172 Absconding to .avoid service of summons or other proceeding. 174 Non-attendance in obedience to an order from public servant. 179 Refusing to answer public servant authorized to questJQn_ 277 Fouling water of public spring or reseNoir. 57 285 Negligent conduct with respect of fire or combustible matter. 289 Negligent conduct with respect to animals. 290 Public nuisance in cases not otherNise provided for. 294 Obscene acts and songs. 323 Voluntarily causing hurts. 334 Voluntarily causing hurt on provocation. 341 Wrongful restraint. 352 Assault or criminal force otherwise than on grave provocation. 357 Assault or criminaf force in attempt wrongfully to confine a person. 358 Assault or criminal force on grave provocation. 374 Unlawful compulsory l:>bOur 379 Theft where the value of the subJ&i: matter does not exceed Rs.50. 403 Dishonest misappropriatiOn of property Where the va1ue of subject matter does not exceed Rs.50 411 Dishonestly receiving stolen property where the value of the subject matter does not exceed Rs.so. 420- M!Sctuet. 428 Mischief by killing or maiming cattfe , etC- of any value or any animal of the value of ten rupees. 430 Mischief by injury lo works of 1i'ligaoon or wrongfully diverting public water. 447 Cnminal trespass. 448 House trespass. 504 Intentional insult with the intent to provoke breach of peace. scs Clim!nal intimidation. 503 Vw:ds, ('estlJfe. c r act :nt.mtfed to ir1sult tho-·mt'd J<._:.y of a women 510 Miscooduct ln public '..;y a dru *eo ptYSOn. UNDE~ THE CATTLE rRESPASS ACT, 1871 ' 24 Forc1bty opposJng the seizure of Cattle or rescuing the same. 26 Causing damage oy cattle to land crop and r,-1bllc road, UNDER THIS REGULATION OR THE RULES AND BYE-LAWS FRAMED THEREUNDER; Any offence under this RegufatiOn or 8f'IIJ ru!e or bye-i.awS framed thereunder. UNDER ANY OTHER ENACTMENTS; Any such compoundable offence as may by '.'!Otification be declared by the Admin!stl'ator, to be cognizable by a Nyaya Pandlay.at. THE FOURTH SCHEDUI.E (See Section 69(1)] OFFENCF.S AND MAXIMUM PENALTIFS (a) Under the Indian Penal Code for the offences specified in the ThilU Schedule, tine not exceeding Rs.25/-. (b) Under the cattle trespass Act, 1871 for the offences specified in the Third Seheduled, fine not exceeding Rs. 101- (c) Under thls Regulation or the rules or bye-laws framed thereunder - fine not exceeding Rs. 10/- 58

THE FIFTH SCHEDULE [See Section 12411 I] MATTERS IN RESPECT OF WHICH A PANCHAYAT SAMITI WILL HAVE AUTHORITY SO AS TO ENABLE IT TO FUNCTION p.:;, AN INSTITUTION OF SELF GOVERNMENT, 1. In the sphere of sanitation and health- (a} controlling epidemics and expansion and maintenance of health services; (b) family planning; {c) providing facilities for pure drinking water; (d) maintenance and supervision of stores of drugs, dispensaries, Pharmacies, ma!emily homes and Primary Heatth centers: (e) cultivating public opinion on following methods for !he preserva!ion ot health and sanilation- (i) nourishment: (ii) maternity and child welfare: (iir)control arn:t eradication of contagious diseases, (f) providing for help and protection to the peopJe against epidemics. 2. In ttte _sphere of communi,at!Qn (a} obstruction and maintenance of village link roads; (b) providing necessary assfstance for construction and maintenance of village approach roads. 3. In the sgllere of education and culture- (a) Recruitment of staff for Adult Education, Non~ F:Jrmai Education, F.ar!y Child!\. 'I01 Care and Education p,ogramrrte. ~ (b) Appointment 0f staff in schools from appf1Y 1ed panels; (c) Transfer of teachers within· their jurisdiction subject to guidelines; (d) Academic super1islon of all institutions uptn upper primary levels; (e) Delegation of powers of su~eli!/Sion ov<tr composite upper primary schools to the Gram Panchayat for purposes of continuity. (f} Preparation of budget and sanction of plans and expenditure from the Pand'\.ay.at Samlti EducatiOn Budget {g) Disbursement of funds to aided institutions under supervision of ZIiia Parishoo. (h) Levying of development fees and other fees to raise resources; (i) RaiSlng of public contributions arid donations. 4. 10 the sohere of soc•?l e;ducation- To cultivate a new outlook, among- the p..ople to make themself - reliant !ndustrtous and cooperation minded and especialty- {a) establishing and maintaining information centers. community educat1ooa1 renters and (ecreation centres; (b} establishing institutions for rendering soclal service .such as youth club$, women's clubs arid farmer's associations and encouraging any such institutions if aiready established; (C) establishing a viHage defence crops; (d) encou(agiog physical and cultural activities (e) establlshing vo!unta111 health associations; (f) training gram~sevak.s and utilizing their services: (g) pmmoting children·s activ!tles. 59 5. _In the s12he.re of Community [)evel9pmeot- (a) planning for increased employment and production as well as for coordination of village institutions; (b) training in se~ help and self sufficiency among the village community on the principle of mutual cooperatkln: (c) utilizing the surplus energy, resources and time of the village for benefit of the community; {d) providing for the Jmplementation of development programmes entrusted to it by the State Government 6. In the sphere of a,gricullure and irriga;t{on- (a) planning for agricultural improvement in the Block; (b) use of land and water resources and propagation of improved agricultural metlnds accofding to the latest researches: (c) construction and maintenance of irrigation works ln the block; {d) redamation and conservation of agricuttural land in the block; {e) maintenance of seed multiplication fanns, assisting registered seed producers and distribution of seeds in the block (f) Rai~ng the production of fruits and vegetables ; (g} Conservation of natural resources, preparing compost manure organic manure and mixture and to arrange for making them easily availa_ble; (h) Pro!TIOUng the use of improved agrtcuhurat imptements and arranging to make them easily available, (i) The µrotecfion of crops, fruit trees anct plants against disease; (D Provi(Hng credit and other facilities for irrigation and .agticultural development {k) lncreasfng the area of land ullder irrigation by construction and repair of welts, digging and repairs of private ponds by undertaking minor irrigation works and by supervlsion of field channels; (I) Pro\id ,19 for :tie timoly .rJd equ:~at'e distribution ar.d .utJ use c: water a11aiJabte under irrir'ation schem~. 7. In the ,!D_here ofgQbtal hujf>&,1dn::- {a) improving cattle breed by introduetion of s1ud buns , by castration of stray bUllocks and establiShrnent and 01ainta!nino artffidt; insemination centres: {b) introducing improved breeds of catue, Sheep poultry ate. giving grants therefore and maintenance of small breeding centres; (c) controlling •nd checi<ing Infectious diseases; {d} introducing Improved grass and cattle feeds and providing for tnelr storage. (e) Starting and maintaining first-aid centres and veterinary dispensaries; (t) Pmvlding for mill< supply; (g) Solving the problem of stray cattle. a. fn too sphere pf village and smau scale lndustrie~ To promote, cottage, village and small scale industries with a view to prov,ding I n ~ employment and raising peoples standa«! of living and especially- (a) to ~ab!ish and maintain production and trainlng centres; {b) to improve the skills of artisans; (c) to popularlze improved implements; (d) to ensure the implementation of sctieme for Cottage, ViUage and Small scale industries run by the Khadi and VIiiage Industries Board and other All India Association. 60 9. In the sph&fll of cooperation- To promote !he idea of cooperation in different fields of life and to organize and encourage cooperative institutions in the economic and social fields and especially- (a) to establish and promote the development of mu!tlpurpose cooperative societies for credit, sale industry, irrigation and agriculture: (b) promoting savings through thrift, small savings and insurance schemes. 10. In the sphem of women's welfare- lmplemeriting of schemes for women's and children's welfare and maintaining women's and children's welfare cenues, education- centres, craft centres and tailoring centres. 11. In the sphere of social weff;,re; (a) implementing schemes of rural housing; (b) maintaining decrepit beggars; {c) sponsoring voluntary institutions of social welfare and coordinating and assisting their acttvifies_ (d} propaganda for prohtrmlon ~nd ~')inct dmo ~diction, 12, In the sphet~LQ~"~Hef Providing ,mmect,ate relief incase of floods, fires, epidemic and other natural calan1ities. on a small or large scale. 13. In the sphgr@ of collection of sta1:istics- Colleding and ooordlnating statistics and may be required by the vlUage Pancnayats, taluka Panchayats or district Parn;hayats or by the SU:_'.e Govemment 14. In the sphere Of trusts- M::::naQing tr!JS!S. in fortherance {)f the o~ecis of any Pl1l0".'i."Tlm-e that may be carried e,ut With the taluka fun<t ~ 5. !_rt the sphe:-e of rurat housing- Developrnerrt of village sites with the cooperation of the village population and planning of ru,al hOusing; 16. In the sphere of lnformatiyn- {a) community radio llstening- programme; (I;\) arranging exhibition; (c) publications. 61

THE SIXTH SCHEDULE [See Section 163(1)) MATTERS IN RESPECT OF WHICH THE ZILLA PARISHAD WILL HAVE THE AUTHORITY SO AS TO ENABLE IT TO FUNCTION AS AN INSTITUTION OF SELF GOVERNMENT. 1, In the where of unitatton and heatth- (a) establishment and maintenance or dispensaries; (b} provision and maintenance of drinking water supply, (c) taking necessary action or steps for lmprovernent in public health and public amenities; \d} establishment and maintenance- of Primary health centres: (e) ;.:ss!stlng family planning; (f} supply of milk to ctutdren and nursing mothers In families in the !ow income group: {g} providing for training to mid""Nives; (h) giving protection against diphthefia, whooping cough and tetanus: (i} est:abHshment and rMintenance of ayurvedic and homoeopathic dispensaries; (j) provision of medical rafief through ayurvedfc and homoeopathic centres: (k) Assisting recognized medi<',a! relief centres; {I) Providing for training of n1Jises; 2. In the sphere of public works.. (a) construction and maintenance: of road: (b) the pla:nt!ng and rearing of trees on both Sides of the road; {c) execution of works entrusted to it by the State Government; (d} Supervision, repairs and preservation of bu!!ding vested in the district Panchayat; (e) Construction and maintenance of buildings required for the activities of the district Panchayat: , 3. In the sohere of education and other cultural activities• (a) establishment and maintenance of schools upto Secondary level, including recruitment, appointment and transfer of staff, payment of salaries and exercise of control Over the staff subject to Government guideline; (b) exercise of control and academic supervision of all schOols Jnciuding aided and private schools upto secondaiy level :subject to Government guidelines. (C} Laying dov.11 of academic and admirnstrative nom,s for better functioning of educatlonal institutions:: (d) Disbursement of grants to aided schools subject to Government gukielines; (e} Supervision of the Education Committees at block and village level; (f) Preparation and sanction of educational budget; (g) Administrat!On of district educational fund: (h) Preparation of perspective pan for the district; (l) Propasal of measums including levy of cess, surcharge and taxes for mobilizing additional resources for education to the Zllla Palishad; (J) Inspection of primary schools managed by the P~nchayat Samltls and coliduct of their examinations if any; (k} Accepting and managing educational funds; {I) Assisting, encouraging and guldif'!O ail educatio~ activities in the district: {m) Organizing camps, conferences and gatherings of members of village Panchayats, blocit PanChayats and district Panchayats in the distnct 62 4. In the sphere of administration- (a) collecting of necessary stores and materials; (b) publication Gf statistical and other information relating to activities of Panchayat; {c) coordination and use of statistics and other information required for the activities of the village Panchayat, block Panchayats and district Panchayat; (d) periodical supervision and evaluation of the projects and programmes entrusted to the different Panchayats in the district: (e) accepting donations in the furtherance of the purposes for which fund might have been raised. b. ID the_sphere of community development- (a) coordination and integration of the development scheme of all blocks in the distnct and prepanng a plan therefore for the whole district; (b) preparation of projects, plans and schemes concerning two or more block in the districts. (c) (i) promoting the establishment and development of Panchayats; (ii) inspection, regulation and control of the block Panchayat samities in the district; (iii) perfonnance of all such functions as are assigned to it under any Jaw or as may b~~ entrusted by the Administrator from time to time. (d) implementation of any development programme that may be entrusted by the Administration; {e) distribution and coordination of work among village Panchayats block Panchayats and district Panchayats. {a) unc'.ertaKing inteneive pioneering stheme re!ating to padd}, vegetaulas, pulses, oilsc.'6jS, plantation crops ~.id horticultun, (t-) co1wtruction a;id maintena11ce ot building for seeds alstrihution c,:ntu."-; (G) :mple;r.emation u sclieme of ;i1cm..1re; {d) An-an[1ing for the purchas,~ and s::'.e of 1,ecessary equioment for t,1e prorection of ptan!s; {e) ~rranging for the purchase and sale vi insecticides; (f} Establishment and maintenance of model agricultural forms; (g) Procurl119 and ~stribut!ng improved seeds; (h) lmpleinenting schem J relating to agricultural production and agricultural development; (i) Arranging exhibitions and competitions and development programme in connection with agri<.:ultural development and cattle breeding; 7. In the sQ:here or animal husbandry- (a) e3tablishment and maintaining supply centres for cattle breeding; (b) giving ...-ncour.:_gemol'.: and ar.sista. ·,.;c to cattle breeding ce("!~rss run r-v recognis.~ instihf'ions; 1-c) ;:wwi:;;1on tor the re;Jn1,g of ~'.uG calv~; (dJ ti,n d2velopment o; fudd<!r-hands; (e) encouraging and assisting schemes for the storage of grass; (f} implementing schemes of poultry farming; (9) the implementation of the schemes of cattle breeding; (h) establishment and maintaining veterinary hospitals and dispensaries. 63 8. In the §Ph&re of vitlage and smaH scale industries• (a} exarriifllng the possibilities of village industries and small scale mdustrtes in the district, preparation and execution of plans for their revival, organization and development; (b) providing for necessary assistance and encouragement of technical training to village workers in village industries and small scale industries relating to their crafts: (C) establiShing, maintaining, expanding and aiding secondary, !e(;hnical and industrial sclloOIS . 9. In the §Phere Qf social welfatt: (a) providing necessary assistance and encouragement to the work of institutions of social service: (b) conducting necessary social welfare activities in the district. 10. Jn the sphere of relief- Establishment ar.d management oi f~il:~ centres ir. time of natural calamities such as. famine and scarcity, floods, fire and earthquake. 11. In ther sphere of minor tnjgation orolects- (a) digging new ponds and wells and repairing old ponds, wells for irrigation: (b) giving assistance for the purchase of pumping sets and machinery; ((;:) pmvision and propaganda for improved kits; (d) encouraging and assisting !r(igafion schemes on a cooperating basis. SHANKER DAYAL SHARMA President. K.L MOHANPv- Secy. 1', '".he Go'\i. o-i fr'., ;ia 64