Tripura Act No.

7 of 1993

THE TRIPURAPANCHAYATS
ACT,1993
 CONTENTS
PART I
PRELIMINARY

CHAPTER I

1. Short title, extent and commencement.

2. Definition.

PART II
GRAM
PANCHAYAT
CHAPTER I
Gram

3. Constitution of Gram.

4. Composition of the Gram Sabha.

5. Effect of alteration of the area of a gram.

6. Effect of inclusion of a Gram or part thereof in Municipality etc.

7. Convening of meeting.

8. Vigilance Committee.

9. Presiding officer.

10. Matters for consideration.

CHAPTER II
Constitution of Gram Panchayat

11. Gram Panchayats and their constitution.

12. Composition of Gram Panchayats.

 ii

13. Power to divide Gram into constituencies and to fix the members to be
elected from each constituency.

14. Reservation of seats.

15. General disqualification for membership of Gram Panchayat.

16. Disqualification on ground of defection.

17. Election of members of Gram Panchayat.

18. Duration of Gram Panchayat and term of office of members of Gram Panchayat.

19. Majority of members elected at a General Election to function when election

of members from some constituencies cannot be held.

20. Pradhan and Upa-pradhan.

21. Resignation of Pradhan, Upa-pradhan or a member.

22. Removal of member of Gram Panchayat.

23. Removal of Pradhan or Upa-Pradhan.

24. Filling of causal vacancy in the office of Pradhan or Upa-Pradhan.

25. Filling of causal vacancy in the place of a member of Gram Panchayat.

26. Term of office of Pradhan, Upa-Pradhan or member filling causal vacancy.

27. Meeting of Gram Panchayat.

28. Transaction of business at Panchayat meetings.

29. Meeting of Gram Sabha.

30. Report on the work of Gram Panchayat.

 iii

CHAPTER III
Powers and Duties of Gram Panchayat

31. Obligatory duties of Gram Panchayat.

32. Other duties of Gram Panchayat.

33. Discretionary duties of Gram Panchayat.

34. State Government to place fund.

35. Control of building operation.

36. Improvement of sanitation.

37. Power of Gram Panchayat over public streets, water ways and other matters.

38. Power of Gram Panchayat in respect of polluted water supply.

39. Power of Gram Panchayat to prevent growth of water hyachinth or other

weed which may pollute water.

40. Emergent power on out-break of epidenmic.

41. Power of recovery of cost for work carried out by Gram Panchayat on
failure of any person.

42. Joint Committees.

43. Delegation of functions by Zilla Parishad and Panchayat Samiti.

44. Delegation of functions of Gram Panchayat to its Pradhan.

45. Gram Panchayats may manage estates, properties and interests vested in
the State.

46. Power, functions and duties of Pradhan and Upa-Pradhan.

47. Handing over charge by the retiring Pradhan to the new Pradhan.
48. Rights of individual members.

49. Pradhan, Upa-Pradhan or member not to receive salary etc.

CHAPTER IV
Staff of Gram Panchayat

50. Secreatary of Gram Panchayat.

51. Staff of the Gram Panchayat.

52. Exercise of powes etc. by the officers and employees.

CHAPTER V
Property and Fund of Gram Panchayat

53. Power to acquire, hold and dispose of property.

54. Property vested in the Gram Panchayat.

55. Allocation of properties of Gram Panchayats.

56. Acquisition of land for Gram Panchayat.

57. Power to borrow money.

58. Gram Panchayat Fund.

59. Imposition of tax by Gram Panchayats.

60. Levy of rates and fees.

61. Appeal against imposition of tax and levy, rate or fee.

62. Recovery of toll taxes, rates or fees as arrears of land revenue.

63. Remission or revision of taxes, tolls, rates or fees.

64. Budget of the Gram Panchayats.

65. Supplementary budget.

66. Accounts.
 v

PART III
PANCHAYAT
SAMITI CHAPTER I
Constution of Panchayat Samiti

67. Creation of Block.

68. Constitution of Panchayat Samiti.

69. Effect of alteration of the area of Block.

70. Composition of Panchayat Samiti.

71. Number of members to be elceted to Panchayat Samiti.

72. Reservation of seats.

73. Duration of Panchayat Samiti.

74. General Election to the Panchayat Samiti.

75. Disqualification of members of Panchayat Samiti.

76. Disqualification on the ground of defection.

77. Majority of members elected at a General Election to function when election

of members from different constituencies can not be held.

78. Election of Chairman/Vice-Chairman.

79. Reservation of seats.

80. Resignation of Chairman/Vice-Chairman or member.

81. Removal of member of Panchayat Samiti.

82. Removal of Chairman/Vice-Chairman.

83. Filling of casual vacancy in the office of Chairman/Vice-Chairman.

 vi

84. Filling of casual vacancy of the office of the member of Pachayat Samiti.

85. Term of office of Chairman, Vice-Chairman or member filling casual vacancies.

86. Salary and allowances of the Chairman, the Vice-Chairman and others.

87. Meeting of Panchayat Samiti.

88. List of business to be transacted at a meeting.

89. Report on the work of the Panchayat Samiti.

90. Block Development Officer to attend meeting.

CHAPTER II
Functions and Powers of Panchayat Samiti

91. Functions.

92. Assignment of functions.

93. Powers of Panchayat Samiti.

94. State Government may place other properties under the control of
Panchayat Samiti.

95. Power to Panchayat Samiti to transfer roads or properties to the State

Government or Zilla Parishad or Gram Panchayats.

96. Panchayat Samiti may take over works.

97. Power of Panchayat Samiti to divert, discontinue or close road.

98. Vesting Panchayat Samiti with certain powers.

99. Powers to supervision by Panchayat Samiti over Gram Panchayat.

100. Powers of Panchayat Samiti to grant licence for hat or market.

101. Powers, functions and duties of Chairman and Vice-Chairman.

 CHAPTER III
Staff of Panchayat Samiti

102. Staff of Panchayat Samiti.

103. Placing the services of State Government officers at the disposal of

panchayat Samiti.

104. Control and establishment of the staff of Panchayat Samiti.

105. Appeal.

106. Exercise of powers etc. by the officers and employees.

CHAPTER IV
Standing Committees of Panchayat Samiti

107. Standing Committee of the Panchayat Samiti.

108. Functions of the Standing Committees.

109. Procedure of Committees.

110. Executive Committee.

111. Casual vacancy.

CHAPTER V
Property and Fund of Panchayat Samiti

112. Power to acquire, hold and dispose of Property.

113. Panchayat Samiti Fund.

114. Taxation.

115. Recovery of tolls, taxes, rates, or fees as arrears of land revenue.

116. Remission or revision of taxes, tolls, rates or fees.

117. Loans and sinking fund.

118. Budget of the Panchayat Samiti.

119. Accounts.

120. Functions of the Executive Officer and other officers.

PART IV
ZILLA PARISHAD
CHAPTER I
Establishment of Zilla parishad

121. Constitution of Zilla Parishad.

122. Composition of Zilla Parishad.

123. Elected members.

124. Reservation of seats.

125. Term of office of member of Zilla Parishad.

126. General election to Zilla Parishad.

127. Disqualification of members of Zilla Parishad.

128. Disqualification on the ground of defection and decision thereon.

129. Majority of members elected at a General Election to function when

election of members from different constituencies cannot be held.

130. Election of Sabhadhipati and Sahakari Sabhadhipati.

131. Reservation.

132. Salary and allowances of the Sabhadhipati and Sahakari Sabhadhipati

and others.

133. Resignation of Sabhadhipati or Sahakari Sabhadhipati or a member.

134. Removal of member of Zilla Parishad.

135. Removal of Sabhadhipati and Sahakari Sabhadhipati.

136. Filling of casual vacancies.

137. Filling of casual vacancies in place of elected members.

138. Terms of office of Sabhadhipati and Sahakari Sabhadhipati or member

filling casual vacancy.

139. Meeting of Zilla Parishad.

140. List of business to be transacted at a meeting.

141. Report on the work of Zilla Parishad.

142. District Magistrate and Collector to attend the meeting.

CHAPTER II
Powers, Functions and Duties of Zilla Parishad

143. Functions of Zilla Parishad.

144. General Powers of Zilla Parishad.

145. Assignment of functions.

146. Delegation of powers.

147. State Government may place properties on the Zilla Parishad.

148. Power of Zilla Parishad to transfer roads to the State Government or

Panchayat Samiti.

149. Vesting of Zilla Parishad with certain powers.

150. Power of supervision over Panchayat Samiti and Gram Panchayat.

151. Power, functions and duties of Sabhadhipati and Sahakari Sabhadhipati.

 CHAPTER III
Standing Committees of Zilla Parishad

152. Standing Committes.

153. Functions of Standing Committes.

154. President and Secretary.

155. Registration.

CHAPTER IV
Executive Committee of Zilla Parishad

156. Executive Committee.

CHAPTER V
Staff of Zilla Parishad

157. Staff of Zilla Parishad.

158. Placing the services of State Govt. officers at the disposal of Zilla Parishad.

159. Displinary power of the State Government,

160. Control, and punishment of the staff of the Zilla Parishad.

161. Appeal.

162. Exercise of powers etc. by the officers and employees.

CHAPTER VI
Property and Fund of Zilla Parishad

163. Power to acquire, hold and dispose of property.

164. Works constructed by Zilla Parishad to vest in it.

165. Allocation of properties to Zilla Parishad.

166. Aquisition of land for Zilla Parishad.

167. Zilla Parishad Fund.

168. Levy of tolls, fees, taxes or rates.

169. Recovery of tols, taxes, rates or fees as arrears of land revenue.

170. Remission or revision of taxes, tolls, rates or fees.

171. Zilla Parishad may raise loan and create a sinking fund.

172. Zilla Parishad may borrow money.

173. Budget of the Zilla Parishad

174. Supplementary budget.

175. Accounts.

PART V
MISCELLANEOUS
CHAPTER I
Election to Gram Panchayat, Panchayat Samiti and Zilla Parishad

176. Election.

177. Electoral roll for election of members of gram panchayat/panchayat

samiti and zilla parishad.

178. Disqualification for registration in electoral roll.

179. No persons to be registered in the electoral roll relating to more than

one local authority.

180. No person to be registered more than once in any constituency.

181. Conditions of registration.

182. Meaning of ordinary resident.

183. Preparation, revision and correction of electoral rolls.

184. Correction of entries in the electoral rolls.

185. Inclusion of names in electoral rolls.

186. Appeals.

187. Fee for applications and appeals.

188. Penalty for making false declaration.

189. Jurisdiction of civil courts barred.

190. Right to vote.

191. Qualification for Membership of gram Panchayat, panchayat samiti and

zilla parishad.

192. Bar of jurisdiction court.

193. Direction from Government.

194. Powers of State Government to dissolve gram panchayat, panchayat samiti

or zilla parishad.

195. Consequences of dissolution.

196. Inspection.

197. Delagation.

198. Constitution of panchayat election tribunal.

CHAPTER II
Electoral Offencs and Election Disputes

199. Breach of official duty in connection with preparation etc. of electoral roll.

200. Prohibition on public meeting before election.

201. Prohibition on canvassing in or near polling station.

202. Penalty for disorderly conduct in or near polling station.

203. Penalty for misconduct at polling station.

204. Removal of ballot paper from polling station to be an offence.

205. Other offences and penalties therefor.

206. Maintenance of secrecy of voting.

207. Officers etc. at an election not to act for the candidates or influence voting.

208. Breaches of official duty in connection with election.

209. Prosecution in certain offences.

210. Corrupt practices.

211. Disqualification of persons who commit corrupt practices from being

candidates.

212. Saving of acts done by a member before election is set aside.

213. Bar to interference by courts in election matters.

CHAPTER III
Finance Commission

214. Finance commission for Panchayats.

CHAPTER IV
Audit and Miscellaneous

215. Audit.

216. Power over decision of the committes.

217. Oath or affirmation by members of Gram Panchayat, Panchayat Samiti

and Zilla Parishad.
218. Power of State Government to rescind or suspend resolution of a gram
panchayat, panchayat samiti or Zilla parishad.

219. Penalty for infringement of the provisions of the Act.

220. Infringement of rules, bye-laws or regulations.

221. Penalty for tampering with the panchayat property.

222. District planning committee.

223. Annual administration report.

224. Power of gram panchayats to make bye-laws.

225. Power of panchayat samitis to make regulations.

226. Power of zilla parishads to make regulations.

227. Power of Government to make model regulations.

228. Rules and order to be laid before the House of the State Legislature.

229. Removal of difficulties.

230. Repeal and savings.

~~~~~~~~
 Tripura Act No. 7 of 1993

THE TRIPURA PANCHAYATS ACT, 1993

An
Act

to recognise Panchayats in rural areas of Tripura and to provide for

matters connected therewith or incidental thereto.

Whereas it is expedient and necessary to replace the present statute

relating to Panchayats to bring it in conformity with the purpose,
substance and direction of the Constitution (Seventy third) Amendment
Act, 1992 which came into force on 24th April, 1993, in general, and, in
particular, to endow the Panchayats with functions and powers so as to
enable them to function as vibrant institutions of local self-government with
greater peoples' participation in managing their own afffairs besides
imparting certainty, continuity and democratic content and dignity
aiming, among other things, at the realisation of economic and social
justice.

Be it enacted by the Tripura Legislative Assembly in the Forty

fourth Year of the Republic of India, as follows :------

PART I
Preliminary
CHAPTER I

Short Title,
extent and
1. (1) This Act may be called the Tripura Panchayats Act, 1993.
commence-
ment. (2) It shall extend to the whole of the State of Tripura except the
Area which has been or may hereafter be declared as, or included in, a
Municipality or a Notified Area under the provisions of any law for the
time being in force or a Cantonment under the provisions of the
Cantonments Act, 1924 and except the Tripura Tribunal Areas
Autonomous District.

(3) This section shall come into force at once ; the remaining
Sections shall come into force on such date or dates and in such area or
areas as the State Government may, by notification, appoint and different
dates may be appointed for different Sections and for different areas.
 2

2. In this Act, unless there is anything repugnant in the subject or Definitions.

context----

(1) "Auditor" means an Auditor appointed under this Act and

includes an officer authorised by him to perform all or any of the functions
of an Auditor ;

(2) "Bye-Election" means an election held to fill a casual vacancy ;

(3) "Block" means an area referred to in Section 67 or such local

area in a district as the State Governement may constitute to be a block ;

(4) "Block Development Officer/Additional "Block Development

Officer" means an officer appointed as such by the State Government and
includes the Additional Block Development Officer-in-charge of Block;

1
[4A. "Beneficiary" means an individual or a family, or a group of person,
or a Cooperative Society as defined in the relevant law for the time being in
force, Provided with grant or benefit in cash or kind under any scheme of
State Government or an Autonomous Body including a Panchayati Raj
Insitution and any scheme of Central Government implemented through the
State Government or an Autonomous Body including a Panchayati Raj
Institution''] ;

(5) "Casual Vacancy" means a vacancy occurred otherwise than by

efflux of time in the office of an elected Gram Panchayat, Panchayat Samiti
or Zilla Parishad ;

(6) "Constituency" means a constituency as determined for election

of members of a Gram Panchayat, Panchayat Samiti or Zilla Parishad under
the provisions of this Act ;

(7) "Collector" means the Collector of the District appointed by the

State Government to be in-charge of a Revenue District ;

(8) "Chairman or Vice-Chairman as the case may be" means the

Chairman or Vice-Chairman of a Panchayat Samiti constituted under this
Act ;

(9) "District" means a Revenue District or such local area in the

State as the State Government may constitute for the purpose of this Act ;

1. Inserted by the Tripura Panchayats (Second Amendment) Act, 1998,

w.e.f. 15.10.1998.
 3

1
[(10) "Director of Panchayats" means Director of Panchayats,
Government of Tripura and includes any Officer appointed by the State
Government to exercise and perform all or any of the powers and
functions of Director of Panchayats under this Act] ;

(11) "District Council" means the Tripura Tribal Areas

Autonomous District Council constituted under the Sixth Schedule to the
Constitution of India ;

2
[(12) "District Magistrate" means the District Magistrate for a District
and includes the Additional District Magistrate, Project Director, District
Rural Development Agency appointed by the State Government to
exrercise and perform all or any of the powers and functions of District
Magistrate under this Act] ;

3
[(13) "District Panchayats Officer" means the District Panchayats
Officer or any other Officer as may be appointed by the State Government
to exercise and perform all or any of the powers and functions of District
Panchayat Officer under this Act] ;

4
[(14) "District Planning Committee" means District Planning
Committee established and notified by the State Government under
appropriate provision of law] ;

(15) "Election Tribunal" means the Election Tribunal constituted

under Section 198 ;

(16) "First General Election" means the first general election of

members held for constitution of Gram Panchayats, Panchayat Samities
and Zilla Parishads after commencement of this Act ;

(17) "Governor" means Governor of Tripura ;

1. Substituted by the Tripura Panchayats (Second Amendment) Act,

1998, w.e.f. 15.10.1998.
2. Substituted ibid.

3. Substituted ibid.

4. Substituted ibid.
 4

(18) "Gram Sabha" means a body consisting of persons registered in

the electoral rolls relating to an area comprised within the area of Gram ;
1
[(18A) "Gram Sansad" means a body consisting of persons
registered at any time in the Electoral Rolls pertaining to a constituency or
a group of constituences delimited for the purposes of last preceding
election to the Gram Panchayat] ;

(19) "Gram" means a Gram declared or deemed to have been

declared as such under this Act ;

(20) "Gram Panchayat" means a Gram Panchayat constituted under this act;

(21) "General election" means an election of members held for

constitution of Gram of Gram Panchayats, Panchayat Samities or Zilla
Parishads in such areas as the State Government may, by notification,
specify and includes the first General Election ;
2
[(22) "Local Authority" means the local authority constituted under
any law for the being in force and includes the Tripura Tribal Areas
Autonomous District Council, Municipal Authorities, Notified Area
Authorities and Cantonment Authorities] ;

(23) "Member" means a member of a Gram Panchayat or

Panchayat Samiti or Zilla Parishad ;

(24) "Notification" means the notification published in the Tripura

Gazette ;

(25) "Pradhan" means the Pradhan of a Gram Panchayat elected

under Section 20 ;

(26) "Prescribed" means prescribed by rules made under this Act ;

(27) "Prescribed Authority" means an authority appoionted by the

State Government by notification published in the Official Gazette, for all or
any of the purposes of this Act ;

1. Inserted by the Tripura Panchayats (Second Amendment) Act,

1998, w.e.f. 15.10.1998.
2. Substituted ibid.
 5

(28) "Public property" and "Public Land" means any public building,
park or garden or other place to which for the time being the public have or
are permitted to have access whether on payment or otherwise ;

(29) "Public Servant" means a public servant as defined in Section

21 of the Indian Penal Code 1860 (Act XLV of 1860) ;

(30) "Public Street" means any street, road, lane, gulley, passages,
path way, bridge, square or court, whether a throughfare or not, over, which
the public have a right of way, and includes side drains or gutters and the
land upto the boundary or aubtting property ;

(31) "Panchayat Area" means the territorial area of a Panchayat ;

(32) "Population" means the population as ascertained at the last

preceeding of which the relevant figures have been published ;

(33) "Panchayat Extension Officer/Panchayat Officer" means an

officer appointed as such by the State Government or Director of
Panchayats ;

(34) "Panchayat Samiti" means a Panchayat Samiti Constituted

under this Act ;

(35) "Panchayat" means an institution of self Government

constituted under this Act for the rural areas ;

(36) "Panchayat Area" means the territorial area of a Panchayat ;

(37) "Qualifying Date" in relation to the preparation or revision of

electoral rolls means the first day of January of the year in which it is so
prepared or revised;

(38) "State Election Commissioner" means the officer appointed by

the Governor of Tripura as such under Section 176 ;

(39) "Scheduled Castes" means such castes as are specified by order

made by the President under Article 341(1) of the Constitution of India as
modified by law made by the Parliament from time to time in so far as the
specification relates to the State of Tripura ;
 6

(40) "Scheduled Tribes" means such tribes as are specified by order

made by the President under Article 342(1) of the Consitution of India as
modified by law made by the Parliament from time to time in so far as the
specification relates to the State of Tripura ;

(41) "State Government" or "Government" means the Government

of Tripura ;

1
[(42) "Sub-Divisional Officer" means a Sub-Divisional Officer of
the Revenue Sub-Division and includes any Officer appointed by the State
Government to exercise and perform all or any of the powers and functions
of Sub-Division Officer under this Act] ;

(43) "State Legislature" means the State Legislature of Tripura ;

(44) "Section" means Section of this Act ;

(45) "Sabhadhipati" means a Sabhadhipati of a Zilla Parishad

elected under Section 130 ;

(46) "Sahakari Sabhadhipati" means Sahakari Sabhadhipati of a

Zilla Parishad elected under Section 130 ;

(47) "Standing Committee" means a Standing Committee constituted

by a Zilla Parishad or a Panchayat Samiti constituted under this Act.

(48) "Upa-Pradhan" means an Upa-Pradhan of a Gram Panchayat

elected under Section 20 ;

(49) "Year" means the year beginning on the 1st day of April ;

(50) "Zilla Parishad" means a Zilla Parishad constituted under this Act.

1. Substituted by the Tripura Panchayats ( Second Amendment) Act,

1998, w.e.f. 15.10.1998.
 7

PART II
GRAM
PANCHAYAT
CHAPTER I
Gram

Constitution
of Gram.
3. (1) The State Government may, by notification, published in the Official
Gazette, declare for the purpose of this Act, any revenue mouza or part of a
revenue mouza or groups of revenue mouzas or parts thereof to be a Gram.

(2) The notification under sub-section (1) shall specify the name of
the Gram by which it shall be known and shall specify the local limits of
such Gram.

(3) The State Government may , after making such enquiry as it

may think fit, and after consulting the Gram Panchayats concerned
constituted under the provisions of this Act, by notification published in the
Official Gazette------

(a) exclude from any Gram any area comprised therein ;

(b) include in any of a Gram any area contiguous to such Gram ;

(c) divide the area of a Gram so as to constitute two or more

Grams ; or

(d) unite the areas of two or more Grams so as to constitute a

single Gram.

C o m p o s i - 4. A Gram Sabha shall be a body consisting of persons registered in the

tion of the electoral rolls relating to an area comprised within the area of Gram.
Gram Sabha.
Effect of
alteration 5. (1) When an area is excluded from a Gram clause (a) of sub-section
of the area (3) of Section 3, such area shall , as from the date of the notification
of Gram. referred to in that sub-section, cease to be subject to the jurisdiction of the
Gram Panchayat of that Gram and, unless the State Government otherwise
directs, to the rules, orders, directions and notifications in force therein.

(2) When an area is included in a Gram under clause (b) of sub-

section (3) of Section 3, the Gram Panchayat for that Gram shall, as from
the date of the notification referred to in that sub-section, have jurisdiction
over such area and, unless the State Government otherwise directs, all rules,
orders, directions and notifications in force in that Gram shall apply to the
area as included.
 8

(3) When the area of any Gram is divided under clause (c) of sub-
section (3) of Section 3, so as to constitute two or more Grams, the Gram
Panchayat of that Gram shall, from the date of the notification referred to in
that sub-section, cease to exist and there shall be reconstitution of the Gram
Panchayat for the newly constituted Grams in accordance with the
provisions of this Act.

(4) When the areas of two or more Grams are united under clause
(d) of sub-section (3) of Section 3, so as to constitute a single Gram, the
Gram Panchayats of the said Grams shall, as from the date of the
notification referred to in that sub-section, cease to exist and seperate Gram
Panchayat shall be constituted for the new Gram in accordance with the
provisions of this Act.

(5) When under sub-section (3) of Section 3, any area is excluded

from, or included in a Gram or a Gram is divided so as to constitute two or
more Grams, or two or more Grams are united to constitute a single Gram,
the properties, funds and liabilities of the Gram Panchayat or Gram
Panchayats affected by such reorganisation shall vest in such Gram
Panchayat or Gram Panchayats and in accordance with such allocation, as
may be determined by order in writing by the prescribed authority and such
determination shall be final.

(6) An order made under sub-section (5) may contain such supple-
mental, incidental and consequential provision as may be necessary to give
effect to such reorganisation.

6. (1) If at any time the whole of the area of a Gram is included in a Effect of
Municipality, or in an area constituted as Notified area under any law for inclusion of a
the time being in force or in an area under the authority of a Cantonment, Gram or part
1
[ Autonomous District] the Gram Panchayat concerned shall cease to exist thereof in a
and the properties, funds and other assets vested in such Gram Panchayat municipality
and all the rights and liabilities of such Gram Panchayat shall vest and etc.
develop on the Commissioners of the Municipility or on the Notified Area
Authority or on the Cantonment Authority as the case may be.

(2) If at any time, a part of the area of a Gram is included in a

Munici- pality or in an area constituted as Notified area under any law for
the time being in force or in an area under the authority of a cantonment,
the area of the Gram shall be deemed to have been reduced to the extent of
the part as included in a municipility or in the area constituted as a notified
area or under

1. Inserted by The Tripura Panchayat( Second Ammendment) Act,

1998, w.e.f. 15-10-1998.
 9

cantonment and the properties, funds and liabilities of the Gram Panchayat
concerned in respect of the part so included shall vest and devolve on the
commissioners of the municipility or on the notified area authority or on the
cantonment authority 1[or The Tripura Tribal Areas Autonomous District
Council] as the case may be, in accordance with such determination shall be
final, and unless the State Government otherwise directs, all rules, orders,
directions and notifications in force in the area under the authority of the
commissioners of the municipality or notified area authority or cantonment
2
[The Tripura Tribal Autonomous District Council] as the case may be,
shall apply to the part of the area of the Gram so included .

Convening 3
of meeting.
[7. (1) The periodicity and procedure for convening and conducting the
meetings of the Gram Sabha or the Gram Sansad as the case may be, shall
be such as may be prescribed .

(2) It shall be the responsibility of the Pradhan to convene the

meeting of the Gram Sabha or the Gram Sanshad as the case may be.

Provided that in the absence of Pradhan, the Upa-Pradhan may convene

meeting with prior specific approval of Gram Panchayat.

Vigilance 8. There shall be constituted a vigilance committe for each Gram Sabha
Committee.
with such number of persons and by such authority as may be prescribed to
supervise the Gram Panchayats works, schemes and other activities and to
put up reports concerning them in its meeting.
Presiding 9. Every meeting of the Gram Sabha shall be presided over by the
Officer.
Pradhan of the concerned Gram Panchayat and in his absence by the Upa-
Pradhan.
Matters
for consi- 4
deration
[10. (1) The Gram Sabha shall consider the following matters in such
manner as may be prescribed-------

(a) The annual statement of accounts of the Gram Panchayat,

the report of administration of the preceding financial
year and the last audit note and replies made thereto ;

1. Inserted by The Tripura Panchayats ( Second Ammendment) Act,

1998, w.e.f 15.10.1998 .
2. Inserted ibid.
3. Inserted ibid.
4. Substituted ibid.
 10

(b) The budget of the Gram Panchayat for the next financial year;

(c) A report in respect of development programmes of the

Gram Panchayat relating to the preceding year and
development programmes proposed to be undertaken
during the current year. Such report shall be accompained
by full statement of funds available during the
preceding year and the funds likely to be available
during the current financial year:

(d) A report prepared under Section 30 and such report shall

be deemed to be modified to the extent of the recommen-
dations and suggestions, if any, of the Gram Sabha ; and

(e) Such other business relating to the affairs of the Gram

Panchayat may also be transacted at such meeting of the
Garm Sabha as may be agreed upon by the persons
present and also such other issues as referred by the
State Government from time to time.

(2) The Gram Sansad shall consider the following matters in such
manner as may be prescribed-------

(a) Selection of beneficiaries ;

(b) Selection of sites for works of public utility ;

(c) A full report in respect of development programmes relating

to the concerned constituencies in the preceding year and
development programmes proposed to be undertaken
during the current year ; and

(d) Such other issues referred by the State Government or

Panchayat from time to time.]

CHAPTER II
Constitution of Gram Panchayat

11. (1) For every Gram declared under Section 3 there shall be Gram Pan-
constituted a Gram Panchayat bearing the name of the Gram to exercise the chayats and
powers and discharge the functions under this Act, and the members of their consti-
every Gram Panchayat shall be chosen by direct election by secret ballot in tution.
such manner as may be prescribed.
 11

(2) Every Gram Panchayat shall be a body corporate having

perpetual succession and a common seal and shall, subject to any
restriction or condition imposed by or under this Act, or any other law for
the time being in force have power to acquire by purchase, gift or otherwise,
to hold, administer and transfer property, both movable and immovable,
and to enter into any contract and shall, by its name, sue or be sued.

(3) The Pradhan or in his absence Upa-Pradhan shall convene the

meeting of the Gram Panchayat after giving 15 days notice to the persons
comprising the Gram Panchayat. One third of the total number of members,
subject to a minimum of four of the Gram Panchayat shall form a quorum.
In the absence of the quorum, meeting shall be adjourned and no quorum
shall be necessary for an adjourned meeting. The Pradhan or in his absence
the Upa- Pradhan shall preside over the meeting.

Composition
of Gram
12. (1) The Gram Panchayat shall consist of the following members-------
Panchayats.
(a) the members elected under section 17; and
1
[(b) the members of the Panchayat Samiti from the
constituency comprised from any part of the Gram as ex-
officio members shall have no voting right in the meeting
for election and removal of the Pradhan and Upa-
Pradhan].

(2) Every Gram Panchayat shall consist of such number of elected

members, not being less than nine and not being more than fifteen, as
determined in accordance with such rules as may be made in this behalf by
the State Government.

(3) For the convenience of election, the prescribed authority shall,

in accordance with such rules as may be made in this behalf by the State
Government, divide the area of Gram Panchayat into territorial
constituencies in such manner that the ratio between the population of each
constituency and the member of seats allotted to it under sub-section (2)
shall, so far as practicable, be the same throughtout the Gram Panchayat
area :

Provided that nothing in this sub-section shall affect the number of

members of a Gram Panchayat notified under sub-section (2) until the next
General Election is held.

1. Substituted by The Tripura Panchayats( Second Amendment) Act,

1998, w.e.f 15.10.1998 .
 12

(4) The State Government may, at any time call for the records
connected with the determination of the number of members of a Gram
Panchayat made under sub-section (1) or under sub-section (2) for the
purpose of satisfying itself of the correctness or propriety thereof and may
pass such orders as it may think fit with respect to the total number of
members of a Gram Panchayat and, thereupon, the prescribed authority
shall issue fresh notification specifying the total number of members of a
Gram Panchayat in accordance with the orders of the State Government.

13. (1) For the purpose of election of the members of every Gram P o w e r to
Panchayat, the prescribed authority shall, in the manner prescribed------- divide Gram
into Consti-
tuencies and
(a) divide the area of a Gram into constituencies, not being to f i x t h e
less than five and not being more than fifteen on the basis number of
of the number of members of the Gram Panchayat members to
determined under Section 12 ; and be elected
from each
Constituency.
(b) allocate to each such constituency seats not exceeding two
as the prescribed authority may think fit having regard to
the extent of the area and the population of each such
constituency :

Provided that division of the area of a Gram into constituencies and

allocation of seat or seats to each such constituency made under this
sub-section may, if necessary, be altered before each General Election of
the members of the Gram Panchayat in the manner prescribed.

(2) The State Government may, at any time, call for the records
connected with the division of the area of a Gram into constituences and
the allocation of seat or seats to each of such constituences made under
sub- section (1), for the purpose of satisfying itself of the correctness or
propriety of any order passed or proceedings taken in the said matter by the
prescribed authority and pass such orders thereon as the State Government
may deem fit and thereupon the prescribed authority shall modify the
division of the area of the Gram into constituenies and allocate to each of
the constituencies seat or seats in accordance with the orders of the State
Government and publish, in the prescribed manner, the modification so
made.
Reservation
of seats :
14. (1) Seats of members in every Gram Panchayat shall be reserved
for---

(a) the Scheduled Castes ; and

 13

(b) the Scheduled Tribes ;

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
Panchayat as the population of the Scheduled Castes in that Gram Panchayat
area or of the Scheduled Tribes in that Gram Panchayat area bears to the
total population of that area and such seats shall be allotted by rotation to
different constituencies in a Gram Panchayat, in such manner as may be
prescribed.

General
dis-
15. (1) A person shall be disqualified for being chosen as and for being
qualification a member of a Panchayat, if-------
for
member- (a) he is so dis-qualified by or under any law for the time
ship of being in force for the purpose of elections to the
Gram legislature of the State concerned :
Panchayat.

Provided that no person shall be dis-qualified only on ground that he

is less than 25 years of age, if he has attained the age of 21 years;

(b) he is so disqualified by or under any law by the legislature

of the State ;

(c) if he is in the service of, or holds any office of profit under

the Central Government or any State Government or
Autonomous District Council or any Zilla Parishad or any
Panchayat Samiti or a Gram Panchayat ;

(d) if he has, directly or indirectly, by himself or by his partner

or employee, any share or interest in any contract or
employment with, by or on behalf of the Gram Panchayat
concerned :

Provided that notwithstanding anything contained in this clause no

person shall be deemed to be disqualified thereunder by reason only of his
having a share or interest in-------

(i) any lease, sale or purchase of land or any agreement for the sale;

(ii) any agreement for the loan of money or any security for
the payment of money only; or

(iii) any public company as defined in the Companies Act, 1956

which contracts with or is employed by the concerned Gram
Panchayat;
 14

(e) he has been dismissed from the service of the Central or

a State Government or a local authority or a co-operative
society or Government company or a corporation, owend
or controlled by the Central or a State Government for
misconduct involving moral turpitude and five years
have not elapsed from the date of such dismissal;

(f) he has been adjudged by a competent court to be of

unsound mind ;

(g) he is an undischarged insolvent ;

(h) he, being a discharged insolvent, has not obtained from the
court certificate that his insolvency was caused by
misfortune and without any misconduct on his part ;

(i) he has been convicted of any offence punishable under

Chapter IX-A of the Indian Penal Code or under Chapter-
III of Part-VII of the Representation of the People Act,
1951 and five years have not elapsed from the date of the
expiration of the sentence ;

(j) he has been convicted by a criminal court to imprisonment

for a period of more than two years for any offence other
than an offence involving moral turpitude (such
sentence not having been reserved or the offence
pardoned) and five years have not elapsed from the
date of expiration of the sentence, provided that the
State Government may direct that such sentence shall
not operate as a disqualification ;

(k) he has been disqualified from exercising any electoral right

on account of corrupt practices in connection with an
election under this Act or any other Act, and six years have
not elapsed from the date of such disqualification,
provided that the disquali- fication under this clause may
at any time be removed by the State Government if it
thinks fit ; or

(l) he has voluntarily acquired citizenship of a foreign state.

(2) If a person is member of a Municipality or a District Council or a

 15

Notified Area Authority or a Zilla Parishad or a Panchayat Samiti, such

person, if elected as a member of Gram Panchayat, shall resign from such
office and, unless he does so, the seat to which he has been elected shall be
deemed to have become vacant.

(3) A person shall not be deemed to hold an office of profit under

the Gram Panchayat by reason only of his being a Pradhan or Upa-pradhan
or a member thereof .

Disqualifi-
cation on
16. (1) A member of a Gram Panchayat belonging to any political party
ground of shall be disqualified for being a member of the Gram Panchayat----
----
defection.
(a) if he has voluntarily given up his membership of such
political party ; or

(b) if he votes or abstains from voting in the Gram Panchayat

contrary to any direction issued by the political party to
which he belongs or by any person or authority authorised
by it in this behalf, without obtaining in either case, the
prior written permission of such political party, persons
or authority and such voting or abstention has not been
condoned by such political party, person or authority
within thirty days from the date of such voting or
abstention.

Explanation: For the purpose of this sub-section , a member of a Gram

Panchayat shall be deemed to belong to the political party, if any, by which
he was set up as a candidate for election as such member.

(2) A member of a Gram Panchayat who has been elected as such,

otherwise than as a candidate set up by any political party, shall be
disqualified for being a member of the Gram Panchayat if he joins any
political party after such election.

NOTE : For the purpose of this Section, "political party" means a political party
which has been recognised by the Election Commission of India as a national
party or as a state party of this State.

(3) If any question arises as to whether a member of a Gram

Panchayat has become subject to disqualification under this Section, the
question shall be referred for decision of the Block Development Officer
having jurisdiction over such Gram Panchayat and his decision shall be
final.
 16

(4) The proceeding under sub-section (3) shall be completed and

decision thereon shall be communicated within fifteen days from the date
when any such question has been referred.

(5) During pendency of a proceeding, no decision shall be taken by

the Gram Panchayat in any meeting for the removal or election of the
Pradhan or the Upa-Pradhan.

(6) The disqualification under this Section shall take effect from the
date of the decision of the Block Development Officer.

17. (1) The First General Election or the General Election, as the case
Election of
may be , of the members of a Gram Panchayat shall be held under the members
provisions of this Act and of the Rules and orders made thereunder before of Gram
such date as the State Election Commission in consultation with the State Pan-
Government may by one or more notification in the official gazette specify. chayats.

(2) A General Election to constitute the Gram Panchayat shall be held---

(a) before the expiry of its duration specified in Section 18, or

(b) before the expiration of a period of six months fron the

date of its dissolution.

(3) Election in respect of casual or other vacancies shall be held at

such time as may be prescribed.

(4) If for any reason the First General Election or General Election
can not be held within the time specified in the notification referred to in sub-
section (1) or sub-section (2), the State Election Commission in consultation
with the State Government shall fix another date within which such election
shall be held.

(5) The names of all the persons elected to be members of a Gram

Panchayat at the First General Election or General Election shall be published
by the State ElectionCommissioner in the official gazette and upon such
publication being made such Gram Panchayat shall be deemed to be duly
constituted.
1
[(6) Notwithstanding anything contained in this Act if any Gram is
created after any General Election following exclusion of area from a Local
Authority, the Gram Panchayat for such newly created Gram shall be
constituted by direct

1. Inserted by the Tripura Panchayats ( Second Amendment ) Act,

1998, w.e.f. 15.10.1998.
 17

election under the provision of this Act and Rules framed thereunder and
such election in the newly created Gram shall be deemed to be the First
General Election.]

Duration
of Gram
18. (1) Every Gram Panchayat unless sooner dissolved shall continue for
Panchayat five years from the date appointed for its first meeting and no longer.
and term
of office of (2) No amendment of any law for the time being in force shall
members have the effect of causing dissolution of a Gram Panchayat, which is
of Gram
Panchayat.
functioning immediately before such amendment, till the expiration of its
duration specified in sub-section (1).

(3) The General Election to constitute a Gram Panchayat shall be

completed.

(a) before the expiration of its duration specified in sub-section

(1) ; and

(b) in case of dissolution, 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 clause for constituting
the Gram Panchayat for such period.

(4) The term of office of the members of a Gram Panchayat

elected at a General Election specified under sub-section (1) of Section 17
shall be deemed to commence with effect from the date of its first meeting
at which a quorum is present :

Provided that if the first meeting of the newly constituted Gram

Panchayat cannot be held within three months of the constitution of the
Gram Panchayat, the State Government may by order terminate the term of
office of the members of the Gram Panchayat continuing in office under
this sub-section and appoint any authority or person to exercise and
perform, subject to such conditions as may be specified in the order,
powers and functions of the Gram Panchayat under this Act until the date
on which such first meeting of the newly constituted Gram Panchayat is
held.
 18

19. (1) Notwithstanding anything contained elsewhere in this Act, at a Majority of

General Election of the members of a Gram Panchayat------- members elected
at a General
(a) if the election of any member from any constituency Election to
cannot be held ; or function when
election of
(b) if held, result of such election cannot be published in the members from
official gazette by reason of the order of a court or for some constitu-
encies cannot be
any other reason, within such time as the State
held.
Government considers reasonable,

the State Government may, if it thinks expedient so to do in the interest of

the administration of the Gram Panchayat concerned, by an order, direct
that such of the members of the Gram Panchayat as have been elected and
are able to assume office as members, shall forthwith assume such office :

Provided that no order shall be made under this Section unless at

least two-third of the total number of members specified for the Gram
Panchayat have been elected and are able to assume office.

(2) Upon an order under sub-section (1) being made, the names of
the members, who have been elected and as regards the publication of the
result of whose election there is no impediment, shall be published in the
official gazette and such members shall assume office as members of the
newly constituted Gram Panchayat after General Election of the members
of the Gram Panchayat and shall be deemed to constitute, for the time
being, total number of members of the Gram Panchayat.

(3) Any member of the Gram Panchayat, who is subsequently

elected or whose name is subsequently published in the official gazette as
member, shall be entitled to assume office as such member, but his term
of office shall be deemed to have commenced from the date of the first
meeting at which a quorum is present of the members reffered to in sub-
section (1).
Pradhan and
20. (1) Every Gram Panchayat shall, at its first meeting at which a
Upa-Pradhan.
quorum is present, elect, in the prescribed manner , one of its members to
be the Pradhan and another member to be the Upa-Pradhan of the Gram
Panchayat and any dispute relating to the validity of the election of
Pradhan and Upa- Pradhan shall be made before the prescribed authority.

1. Inserted by the Tripura Panchayats ( Second Amendment ) Act,

1998, w.e.f. 15.10.1998.
 19

(2) The meeting to be held under sub-section (1) shall be convened by

the prescribed authority in the prescribed manner

(3) Seats shall be reserved in the office of Pradhan of Gram

Panchayat for the Scheduled Castes and the Scheduled Tribes and the
number of offices so reserved in the State shall bear, as nearly as may be,
the same proportion to the total number of such offices as the population of
the Scheduled Castes in the State or of the Scheduled Tribes in the State bears
to the total population of the State.

1
[Provided that in the event of non-availability of any elected member
belonging to Scheduled Castes or, as the case may be, Scheduled Tribes, the
reservation rotation for the office of Pradhan will skip to next rotation].

(4) Not less than one third of the total number of offices of Pradhan
of Gram Panchayat including the number of seats reserved for the Scheduled
Castes and the Scheduled Tribes, shall be reserved for women in different
Gram Panchayat in such manner as may be prescribed :

Provided that the number of offices reserved under this Section shall
be allotted by rotation to different Gram Panchayats in such manner as may
be prescribed within the State.

(5) The term of offices of every Pradhan and every Upa-Pradhan

shall, save as otherwise provided in this Act, cease on the expiry of his term
of office as a member of the Gram Panchayat.

(6) When-------

(a) the office of the Pradhan falls vacant by reason of death,

resig- nation, removal or otherwise ; or

(b) the Pradhan, is by reason of leave, illness or other cause,

temporarily unable to act, the Upa-Pradhan shall exercise
the powers, perfrom the functions and discharge of duties
of the Pradhan until a new Pradhan is elected and assumes
office or until the Pradhan resumes his duties, as the case
may be.

1. Inserted by the Tripura Panchayats ( Second Amendment ) Act, 1998,

w.e.f. 15.10.1998.
 20

(7) When-------

(a) the office of the Upa-Pradhan falls vacant by reason of

death, resignation, removal or otherwise ; or

(b) the Upa-Pradhan, is by reason of leave, illness or other

cause, temporarily unable to act,

the Pradhan shall exercise the powers, perform the functions and discharge
the duties of the Upa-Pradhan until a new Upa-Pradhan is elected and
assumes office or until the Upa-Pradhan resumes his duties as the case may
be.

(8) When the Pradhan and the Upa-Pradhan are both temporarily
unable to act, the prescribed authority may appoint a Pradhan and an Upa-
Pradhan from among the members of the Gram Panchayat to act as such until
the Pradhan or the Upa-Pradhan resumes office.

(9) The Pradhan and Upa-Pradhan of a Gram Panchayat shall be

entitled to leave of absence for such period or periods as may be prescribed.

21. (1) A Prandhan or a Upa-Pradhan or a member of a Gram Panchayat Resignation

may resign his office by writing under his hand addressed to the prescribed of Pradhan
authority and on such resignation being accepted by such authority the and Upa-
Pradhan, the Upa-Pradhan, or the member, as the case may be, shall be Pradhan or
a member.
deemed to have vacated his office.

(2) When a resignation is accepted under sub-section (1) the

prescribed authority shall communicate it to the members of the Gram
Panchayat within fifteen days of such acceptance.

22. (1) The prescribed authority may, after giving an opportunity to a Removal of
member of a Gram Panchayat to show cause against the action proposed to members of
be taken against him, by order remove him from office------- Gram Pan-
chayat.
(a) if after his election he is convicted by a criminal court for
an offence involving moral turpitude and punishable with
impris- onment for a period of more than six months ;

(b) if he was disqualified to be a member of the Gram

Panchayat at the time of his election ;
 21

(c) if he incurs any of the disqualifications mentioned in clauses

(a) to (1) of sub-section (1) of Section 15 after his election
as member of the Gram Panchayat ; or

(d) if he is absent from five consecutive meetings of the Gram

Panchayat without the leave of the Gram Panchayat.

(2) Any member of a Gram Panchayat who is removed from his

office by the prescribed authority under sub-section (1) may, within thirty
days from the date of the order, appeal to such authority as the State
Government may appoint in his behalf, and thereupon, the authority
appointed may stay the operation of the order till the disposal of the appeal
and may, after giving notice of the appeal to the prescribed authority and
after giving the appellant an opportunity of being heard, modify, set aside or
confirm the order.

(3) The order passed by such authority on such appeal shall be final.

Removal of
Pradhan or
23. (1) The Pradhan or the Upa-Pradhan of a Gram Panchayat may be
removed from his office by a resolution of the Gram Panchayat carried by a
Upa-Pradhan.
majority of its existing members at a meeting specially convened for the
purpose by the prescribed authority.

(2) No meeting under sub-section (1) shall be convened by the

prescribed authority unless a notice in writing has been given to him by at
least one-third of the existing members of the Gram Panchayat in such form
and in such manner as may be prescribed.

(3) The prescribed authority shall convene the meeting under sub-
section (1) after giving at least fifteen days prior notice to all the existing
members of the Gram Panchayat.

(4) If the motion for removal of Pradhan is under consideration, the

meeting willl be presided over by the Upa-Pradhan and if the motion for
removal of Upa-Pradhan is under consideration, the meeting will be
presided over by the Pradhan,

(5) Notwithstanding anything contained elsewhere in this Act, while

any motion for removal of a Pradhan and an Upa-Pradhan from their offices
is under consideration in a meeting convened under sub-section (1), the
Pradhan or the Upa-Pradhan shall not
 22

preside over such meeting, but he shall have right to speak or otherwise
take part in the procedings of such a meeting , including the right to vote,
and the meeting shall be presided over by the prescribed authority or his
nominee who shall not have the right to vote.

(6) If the motion for removal of a Pradhan, or as the case may be

an Upa-Pradhan, is not carried out by the majority of the existing members
of the Gram Panchayat, no subsequent meeting for the removal of the same
Pradhan, or as the case may be the Upa-Pradhan, shall be convened within
a year of the previous meeting.

(7) Notwithstanding anything contained elsewhere in this Act,

majority of the existing members of a Gram Panchayat shall form the
quorum for a meeting for removal of a Pradhan or an Upa-Pradhan, as the
case may be under this Section.

(8) Subject to the provision of this Section, the procedure for the
removal of the Pradhan or Upa-Pradhan including that to be followed at
such meeting, shall be such as may be prescribed.

24. In the event of removal of a Pradhan or an Upa-Pradhan under Filling of

Section 23 or when a vacancy occours in the office of a Pradhan or an casual vacancy
Upa-Pradhan by resignation, death or otherwise, the existing members of in the office of
the Gram Panchayat shall elect, from amongst them, another Pradhan, or as Pradhan or
Upa-Pradhan.
the case may be , an Upa-Pradhan in the prescribed manner.

25. If the office of a member of a Gram Panchayat becomes vacant by Filling of

reason of his death, resignation, removal or otherwise, the vacancy shall be casual vacancy
filled in the manner prescribed by election of another person under the in place of a
member o f
provisions of this Act and the rules made thereunder. G r a m Pan-
chayat.
26. Every Pradhan or Upa-Pradhan elected under Section 24, and every Term of
member elected under Section 25 to fill a casual vacancy, shall hold office for office of Pra-
dhana, Upa-
the unexpired portion of the term of office of the person in whose place he is Pradhan or
member filling
so elected. casul vacancy.
Meeting of
27. (1) Every Gram Panchayat shall hold a meeting at least once in a GramPanchayat.
month in the office of the Gram Panchayat and such meeting shall be held
on such date and at such hour as the Gram Panchayat may fix at the
immediately preceding meeting :
 23

Provided that the first meeting of a newly constituted Gram

Panchayat shall be held on such date and at such hour and at such place
within the local limits of the Gram concerned as the prescribed authority
may fix.

(2) The prescribed authority may appoint an observer for such

meeting who shall submit to the prescribed authority a report in writing
duly signed by him within a week of the meeting on the proceedings of the
meeting. The prescribed authority shall, on receipt of the report, take action
thereon as it may deem fit :

Provided further that the Pradhan, when required in writing by one-fifth

of the members of the Gram Panchayat subject to a minimum of four members
to call a meeting, shall do so within seven days, failing which the members
aforesaid may call a meeting after giving intimation to the prescribed
authority and seven clear days' notice to the Pradhan and other members of
the Gram Panchayat. Such meeting shall be held at such time and at such
place within the local limits of the Gram concerned as the prescribed
authority may decide.

(3) The Pradhan, or in his absence the Upa-Pradhan , shall preside at

the meeting of the Gram Panchayat, and in the absence of both , the members
present shall elect one of them to be the president of the meeting.
1
[(4) One-third of the total number of members plus one, including
exofficio members entitled to attend, shall form the quorum for a meeting
of a Gram Panchayat ].

Provided that no quorum shall be necessary for an adjourned meeting.

(5) All questions coming before a Gram Panchayat shall be decided

by a majority of votes : 2[ and the person presiding, if he is Pradhan, Upa-
Pradhan or an elected member, shall have right to vote ].
3
[ -------------------------------------------------------------------]
Transaction 28. (1) A list of business to be transacted at every meeting of a Gram
of business
Panchayat except at an adjourned meeting shall be sent to each member of
at Panchayat
the
meetings.
1. Substituted by The Tripura Panchayats (Second Amendment) Act,
1998, w.e.f. 15.10.1998.
2. Inserted by The Tripura Panchayats (Amendment) Act, 1994,
w.e.f. 22.12.1994.
3. Deleted ibid
 24

Gram Panchayat in the manner prescribed at least seven days before the
time fixed for such meeting and no business shall be brought before or
transacted at any meeting, other than the business of which notice has been
so given, except with the approval of the members present at such meeting
:

Provided that if the Pradhan thinks that a situation has arisen for
which an emergent meeting of the Gram Panchayat should be called, he
may call such meeting after giving three day's notice to the members.
1
[29. The Gram Panchayat shall place for deliberation before the Gram Meeting of
Sabha or the Gram Sansad, as the case may be, all such matters as are Gram Sabha.
specified in Section 10 of the Act, as may be prescribed.]

30. (1) The Gram Panchayat shall prepare in the prescribed manner a Report on
report on the work done during the previous year and the work proposed the work of
to be done during the following year and submit to the prescribed Gram
authority and to the Panchayat Samity concerned within the prescribed Panchayat.
time.

(2) The Gram Panchayat shall , in October and April every year,
prepare a half yearly report showing the amount received by the Gram
Panchayat during the previous half year from different sources including
the pending balance and the amount actually spent on different items of
work and a list of functionaries.

(3) The Gram Panchayat shall , immediately after the preparation

of the report and the list referred to in sub-section (2), publish the same in
the office of the Gram Panchayat for information of the general public.
CHAPTER III
Powers and Duties of Gram Panchayat
31. Subject to such conditions as may be prescribed, it shall be the duty Obligatory
of every Gram Panchayat, so far as its funds may allow, to make duties
reasonable provisions with in the area under its jurisdiction for-------- of Gram
Panchayat.
(a) Sanitation, conservancy and the prevention of public
nuisances;
(b) curative and preventive measure in respect of malaria,
small pox, cholera or any other epidemic diseases ;

(c) supply of drinking water and the cleaning of public

streets and protection therof ;

1. Substituted by The Tripura Panchayats (Second Amendment) Act,

1998, w.e.f. 15.10.1998.
 25

(d) the maintenance, repair and construction of public streets

and protection thereof ;

(e) the removal of encroachments of public streets or public places ;

(f) the protection and repair of buildings and other property

vested in it ;

(g) the management and care of public tanks, common grazing

grounds, burning ghats and public graveyards ;

(h) the supply of any local information which the District

Magistrate, the Zilla Parishad, the Panchayat Samity or
the Sub-Divisional Officer, within the local limits of
whose jurisdiction the Gram Panchayat is situated, may
require ;

(i) organising voluntary labour for community works for the

upliftment of its area ;

(j) the control and administration of the Gram Panchayat

Fund establishment under this Act ;

(k) the imposition, assessment and collection of the taxes, rates

or fees leviable under this Act ; and

(l) the performance of such functions as may be transferred to

it under Section 31 of the Cattle Trespass Act, 1871.

Other duties
of Gram 32. (1) A Gram Panchayat shall also perform such other functions as
Panchayat. the State Government may assign to it in respect of------

(a) primary, social, technical, adult or vocational education ;

(b) rural dispensaries, health centres and maternity and child

welfare centres ;

(c) management of any public and markets which are not

declared as regulated markets under any law for the time
being in force ;

(d) irrigation including minor irrigation, water management

and water shed development ;
 26

(e) grow more food campaign ;

(f) care of the infirm and the destitute ;

(g) rehabilitation of displaced persons ;

(h) improved breeding of cattle, medical treatment of cattle and

preventation of cattle disease ;

(i) acting as a channel through which Government assistance

should reach the villages ;

(j) bringing waste land under cultivation through improvement

of land and soil conservation ;

(k) promotion of village plantation, social forestry and farm

forestry ;

(l) arranging cultivation of land lying fallow ;

(m) arranging co-operative management of land and other

resources of the villages ;

(n) assisting in the implementation of land reform measure in its

area ;

(o) implementation of such schemes as may be formulated or

performance of such acts as may be entrusted ;

(p) filed publicity on matters connected with development

works and other welfare measures undertaken by the
State Government ;

(q) supervision of supply of food and essential commodities

through ration shops ;

(r) minor forest produce ;

(s) rural housing programme ;

 27

(t) rural elcetrification including distribution of electricity ;

(u) non-conventional energy sources ;

(v) family welfare, and women and child development ;

(w) welfare of the weaker sections and in particular of the

Scheduled Castes and Scheduled Tribes ;

(x) maintenance of community assets ;

(y) public distribution system ; and

(z) poverty alleviation programme.

(2) If the State Government is of the opinion that a Gram Panchayat

has persistently made default in the performance of any of the functions
assigned to it under sub-section (1) the State Government may, after
recording its reason, withdraw such function from such Gram Panchayat.

Discretionary
duties of Gram 33. Subject to such conditions as may be prescribed, a Gram Panchayat
Panchayat. may, and shall if the State Government so directs, make provision for-------

(a) the maintenance of lighting of public streets ;

(b) planting and maintaining trees on the sides of public streets

or in other public places vested in it ;

(c) the establishment and maintenance of horticulture

training centre ;

(d) the sinking of wells and excavation of ponds and tanks ;

(e) the introduction and promotion of co-operative farming,

co-operative stores, and other co-operative enterprises,
trades and callings ;

(f) the construction and regulation of markets other than

markets which are declared as regulated markets under
any
 28

law for the time being in force, the holding and

regulation of fairs, melas, huts and exhibitions of local
produce and products of local handicrafts and home
industries ;

(g) the allotment of places for storing manure ;

(h) assisting and advising agriculturists in the matter of

obtaining State loan and its distribution and repayment ;

(i) filling up of insanitary depressions and reclaming of

unhealthy localities ;

(j) the promotion and encouragement of cottage industries.

(k) the establishment and running of piggeries, duckaries and

milk centres ;

(l) the destruction of rabid dogs ;

(m) the construction and maintenance of sarais, dharmasallas,

rest houses, cattle sheds and cart stands ;

(n) regulating production and disposal of foodstuffs and

other commodities in the manner prescribed ;

(o) the disposal of unclaimed cattle ;

(p) the disposal of unclaimed cropses and carcases ;

(q) the establishment and maintenance of libraries and reading rooms ;

(r) the organisation and maintenance of akharas, clubs and

other places for recreation or games and sports ;

(s) the maintenance of records relating to population census,

agricultural labour census, crop census, cattle census and
census of unemployed persons and of other statistics as
may be prescribed ;

(t) rendering assistance in extinguishing fire and protecting

life and property when fire occurs ;
 29

(u) assisting in the prevention of burglary and dacoity ;

(v) relief against famine or other calamity ;

(w) assisting in formulation and implementation of the schemes

and Annual Plans of the State in so far as such schemes
and Plans relate to the area under its jurisdiction ;

(x) the performance in the manner prescribed of any of the

func- tions of the Zilla Parishad or the Panchayat Samiti, as
the case may be, with its previous approval, calculated to
benefit the people lying within the jurisdiction of the Gram
Panchayats ; and

(y) any other local work or service of public utility which is

likely to promote the health, comfort, convenience or
material prosperity of the public, not otherwise provided
for in this Act.

State
Government
34. Where the State Government assigns any function to a Gram
to place Panchayat under Section 32 or where it directs a Gram Panchayat to make
fund. provision for any of the items enumerated in Section 33, it shall place such
funds at the disposal of the Gram Panchayat as may be required for the due
performance of such functions or for making such provision, as the case
may be.
Control of
bu il d in g 35. (1) No person shall erect any new structure or new building or make
operation. any addition to any structure or building in any area within the jurisdiction
of Gram Panchayat except with the previous permission in writing of the
Gram Panchayat.

(2) Every person seeking permission under sub-section (1) shall make
an application in writing to such authority, in such form , containing such
particulars and on payment of such fee, not exceeding Rs. 10/- may be
prescribed:

Provided that no permission under sub-section (1) shall be necessary

for erection of any thatched structure, tin shed or tile shed without brick
wall covering an area not exceeding 750 squarefeet:

Provided further that the State Government may by order exempt any
structure or building of any class of structures or buildings from the
operation of the provisions of this Section.
 30

36. (1) For the improvement of sanitation, a Gram Panchayat shall have Improvement
the power to do all acts necessary for, and incidental to, the same and in of sanitation.
particular and without prejudice to the generality of the forgoing power, a
Gram Panchayat may by order require the owner or occupier of any land
or building within such reasonable period as may be specified in the notice
served upon him and after taking into consideration his financial
position-----

(a) to close, remove, alter, repair, cleanse, disinfect, or put

in good order any latrine, urinal, water closet, drain,
cesspool, or other receptable for filth, sullage, rubbish
or refuse pertaining to such land or buildings, or to
remove or alter any door or trap or construct any drain
for any such latrine, urinals or water-closet which
opens on to a street or drain or to shut off such latrine,
urinal or water-closet by a sufficient roof or wall or fence
from the view of persons passing by or dwelling in the
neighbourhood ;

(b) to cleanse, repair, cover, fill up, drain off or remove

water from a private well, tank, reservior, pool,pit,
depression or excavation therein which may be injurious
to health or offensive to the neighbourhood ;

(c) to clear off any vegetation, undergrowth, prickly pear or

scrub jungle therefrom ; and

(d) to remove any dirt, dung, nightsoil, manure or any

obnoxious or offensive matter therefrom and to cleanse
the land or building :

Provided that a person on whom a notice has been served as

aforesaid may, within thirty days of receipt of such notice, appeal to the
prescribed authority against the order contained therein whereupon the
prescribed authority may stay the operation of the order contained in the
notice till the disposal of the appeal and it may, after giving such notice of
the appeal to the Gram Panchayat concerned as may be prescribed,
modify, set aside or confirm the order :

Provided further that the prescribed authority shall, when it confirms

or modifies the order contained in the notice after the expiry of the period
mentioned therein, fix a fresh period within which the order contained in
the notice, as confirmed or modified by it, shall be carried out.
 31

(2) If the order contained in a notice served as aforesaid has not been
set aside by the prescribed authority and if the person upon whom the
notice has been served fails, without sufficient reason, to comply with the
order in its original form or the order as modified by the prescribed
authority, within the time specified in the notice or within the time fixed by
the prescribed authority, as the case may be, he shall be liable, on
conviction by a magistrate, to a fine which may extend to five hundred
rupees.

Power of
Gram Pan-
37 (1) Subject to such conditions or restrictions as may be prescribed, a
chayat over Gram Panchayar shall have control over all public streets and water-ways
public street, within its jurisdiction other than canals constructed, maintained or
water ways controlled by the State Government, not being private property and not
and other being under the control of the Central or State Government or any local
matters.
authority, and may do all things necessary for the maintenance and repair
thereof, and may-------

(a) construct new bridges and culverts ;

(b) divert or close any public street, bridge or culvert ;

(c) widen, open, enlarge or otherwise improve any such public

street, bridge or culvert and with minimum damage to the
neigh- bouring fields, plant and preserve trees on the side of
such street ;

(d) deepen or otherwise improve such waterways ;

(e) with the sanction of the State Government or with the

saction of such officer or authority as the State
Government may prescribed, undertake irrigation projects ;

(f) trim hedges and branches of trees projecting on public streets ;

(g) set apart, by public notice, any public source of water

supply for drinking or culinary purpose and likewise
prohibit all bathing, washing or other acts likely to pollute
the source so set apart.

(2) A Gram Panchayat may, by a notice in writing, require any

person who has caused obstruction or encroachment on or damage to any
public street or drain or other property under the control and management
of the said Gram Panchayat, to remove such damage as the case may be
within the time to be specified in the notice.
 32

(3) If the obstruction or encroachment is not removed or damage is

not repaired within the time so specified, the Gram Panchayat may cause
such obstruction or encroachment to be removed or such damage to be
repaired and the expenses of such removal or repair shall be recoverable
from such person as arrears of land revenue.

(4) For the purposes of removal of obstruction or encroachment

under sub-section (3) the Gram Panchayat may apply to the Sub-Divisional
Magistrate and the Sub-Divisional Magistrate shall, on such application,
provide such help as may be necessary for the removal of such obstruction or
encroachment.

38. (1) A Gram Panchayat may, by written notice, require the owner of, or Power of
Gram the person having control over, a private water course, spring, tank, well or other Pan-
chayat in place , the water of which is used for drinking or culinary purpose after taking
r e s p e c t of
polluted water
into consideration his financial position, to take all or any of the following supply.
steps within a reasonable period to be specified in such notice namely-------

(a) to keep and maintain the same in good repair ;

(b) to clean the same , from time to time, of silt, refuse or

decaying vegetation ;

(c) to protect it from pollution ; and

(d) to prevent its use, if it has become so polluted as to be

hazardous to the public health :

Provided that a person upon whom a notice as aforesaid has been

served may within thirty days from the date of receipt of the notice, appeal
to the prescribed authority against the order contained in the notice where
upon the prescribed authority may stay the operation of the order contained
in the notice till the disposal of the appeal and it may, after giving such
notice of the appeal to the Gram Panchayat concerned as may be
prescribed modify, set aside or confirm the order :

Provided further that the prescribed authority shall when it confirms

or modifies the order contained in the notice after the expiry of the period
mentioned therein, fix a fresh period within which the order contained in
the notice, as confirmed or modified by it, shall be carried out.
 33

(2) If the order contained in a notice served as aforesaid has not been set
aside by the prescribed authority and if the person upon whom the notice
has been served fails, without sufficient reason, to comply with the order in
its original form or the order as modified by the prescribed authority,
within the time specified in the notice or within the time fixed by the
prescribed authority, as the case may be, he shall be liable, on
conviction by a Magistrate, to a fine which may extend to five hundred
rupees.

Power of Gram
Panchayat to
39. (1) A Gram Panchayat may, by written notice, require the owner or
prevent growth occupier of any land or premises, containing a tank or similar deposit of
of water- water, after taking into consideration his financial position, not to allow
hyacinth or water hyacinth or any other weed which may pollute water to grow thereon
other weed and to eradicate the same therefrom within such reasonable period as may
which may be specified in the notice :
pollute
water.
Provided that a person on whom a notice as aforesaid has been
served may within thirty days from the date of receipt of the notice, appeal
to the prescribed authority and it may stay the operation of the order
contained in the notice till the disposal of the appeal and it may, after
giving such notice of the appeal to the Gram Panchayat concerned as may
be prescribed, modify, set aside or confirm the order :

Provided further that the prescribed authority shall when it confirms

or modifies the order contained in the notice after the expiry of the period
mentioned therein, fix a fresh period within which the order contained in
the notice, as confirmed or modified by it, shall be carried out.

(2) If the order contained in a notice served as aforesaid has not been
set aside by the prescribed authority and if the owner or occupier upon
whom the notice has been served fails, without sufficient reason, to comply
with the order in its original form or the order as modified by the
prescribed authority, within the time as specified in the notice or within the
time fixed by the preseribed authority, as the case may be, he shall be
liable, on conviction by a Magistrate, to a fine which may extend to two
hundred rupees.
Emergent
power on 40. In the event of an outbreak of cholera or any other water borne
out-break of infectious disease in any locality situated within the local limits of the
epidemic. jurisdiction of a Gram Panchayat, the Pradhan, the Upa-Pradhan or any
other person authorised by the Pradhan may, during the continuance of the
outbreak, without notice and at any time, inspect and disinfect any well,
tank or other place from which water is, or is likely to be, taken for the
purpose drinking and may further take such steps as he may deem fit to
prevent the drawing of water therefrom.
 34

41 If any work required to be done by an order contained in a notice Power on

served under Sections 36, 37, 38, 39 and 40 is not executed within the recovery of
period specified in the notice or where an appeal is made to the prescribed cost for
authority within the fresh period as fixed as the prescribed authority in the work car-
appeal, the Gram Panchayat may, in the absence of satisfactory grounds ried out by
Gram Pan-
for non- compliance, cause work to be carried out and the cost of carrying
chayat on
out such work shall be recoverable as an arrear of land revenue from the failure of
person on whom the notice was served. any person

42. (1) Subject to such rules as may be prescribed , two or more Gram Joint
Panchayats may combine, by a written instrument duly subscribed by them, Commit- tees.
to appoint a Joint Committee consisting of such representatives as may be
chosen by the respective Gram Panchayats for the purpose of transacting
any business or carrying out any work in which they are jointly interested
and may-------

(a) delegate to such committee the power, with such

conditions as the Gram Panchayats may think fit to impose,
to frame any scheme binding on each of the constituent
Gram Panchayats as to the construction and maintenance
of any joint work and the power which may be exercised
by any such Gram Panchayat in relation to such scheme ;
and

(b) frame or modify rules regarding the constitution of such

committees and the term of office of the members
thereof and the method of conducting business.

(2) If any differnece of opinion arises between the constituent Gram

Panchayats under this Section it shall be referred to the concerned
Panchayat Samiti or Samitis and their decision thereon shall be binding on
each of the constituent Gram Panchayats.
Delegation of
functions by
43. (1) A Zilla Parishad or Panchayat Samiti, may with the concurrance Zilla
of the Gram Panchayat and subject to such restrictions and conditions as Parishad and
Pancha- yat
may be mutually agreed upon, delegate to such Gram Panchayat, any of its Samiti.
functions in the manner prescribed.

(2) Where functions are delegated to Gram Panchayat under this

Section, the Gram Panchayat in the discharge of such fuctions shall act as
the agent of the Zilla Parishad or the Panchayat Samiti as the case may be.
 35

Delegation 44. A Gram Panchayat may, at a meeting specially convened for the
purpose, of functions by a resolution delegate to its Pradhan such day to day duties or
powers of the of Gram Gram Panchayat as it thinks fit and may at any time by a
resolution withdraw
Panchayat to
or modify the same :
its Pradhan.

Provided that when any financial power is delegated to a Pradhan or

such power is withdrawn or modified ,the Gram Panchayat shall forthwith
give intimation thereof to the prescribed authority.

Gram Pan-
chayat may 45. The State Government may, by general or special order published in the
manage est- Official Gazette, empower a Gram Panchayat to manage the estates and
ates, pro-
perties and properties and all interests therein which are vested in the state and to exercise
interests such powers, perform such functions and discharge such duties in connection
vested in therewith as may be conferred, assigned or imposed by or under any other law
the State.
for the time being in force.
Power, fun-
ctions and
duties of 46 (1) The Pradhan shall -------
Pradhan
and Upa-
Pradhan. (a) be responsible for the maintenance of the records of the
Gram Panchayat ;

(b) have general responsibility for the finance and the

adminis- tration of the Gram Panchayat ;

(c) exercise administrative supervision and control over the work

of the staff of the Gram Panchayat and the officers and
employees whose services may be placed at the disposal
of the Gram Panchayat by the State Government ;

(d) for the transaction of business connected with this Act or for
the purpose of making any order authorised thereby,
exercise such powers, perform such functions and discharge
such duties as may be exercised, performed and discharged
by the Gram Panchayat under this Act or the rules made
thereunder :

Provided that the Pradhan shall not exercise such powers, perform such
functions or discharge duties as may be required by the rules made under this
Act to be exercised, performed or discharged by the Gram Panchayat at a
meeting ; and

(e) exercise such other powers, perform such other functions

and discharge such other duties as the Gram Panchayat
may, by general or special resolution, direct or as the State
Government may by rules made in this behalf, prescribe :
 36

The Upa-Pradhan shall ------------

(a) exercise such of the powers, perform such of the functions

and discharge such of the duties of the Pradhan as the
Pradhan may from time to time subject to rules made in this
behalf by the State Government delegate to him by order
in writing :

Provided that the Pradhan may at any time withdraw all or any of the
powers, functions and duties as delegated to the Upa- Pradhan ;

(b) during the absence of the Pradhan, exercise all the

powers perform all the functions and discharge all the
duties of the Pradhan ; and

(c) exercise such other powers, perform such other function and
discharge such other duties as the Gram Panchayat may by
general or special resolution, direct or as the State
Government may by rules, made in this behalf prescribe.

47. (1) On the election of a new Pradhan, the retiring Pradhan or the Handing over
person holding charge of the Pradhan's office shall hand over to him the charge by
charge of the Pradhan's office. the retiring
Pradhan as
to the new
(2) If the retiring Pradhan or the person holding charge of the Pradhan.
Pradhan's office fails or refuses to hand over charge of his office as
required under sub- section (1), the Director of Panchayats or any officer
empowered by him in this behalf, may, by order in writing, direct the
retiring Pradhan to hand over charge of his officer forthwith and all papers
and properties in his posession as such Pradhan to the new Pradhan.

(3) If the person to whom a direction has been issued under sub-
section (2) fails to comply with the direction, he shall without prejudice to
any other legal remedy against him, be punishable, on conviction by a
Magistrate of competent jurisdiction, with imprisonment for a term which
may extend to six months or to one thousand rupees or with both.

(4) Without prejudice to the action which may be taken under sub-
section (3), any officer empowered by the Director of Panchayats shall be
entitled to take possession of, through police help, all papers and properties
from the retiring Pradhan or the person holding charge of the Pradhan's
office who failed to comply with the directions issued under sub-section
(2).
 37

Rights of
individual
48. (1) Every member of a Gram Panchayat may call the attention of the
members. State Government to any neglect in the execution of any work or duty
assigned by or under this Act to a Gram Panchayat, to any waste of the
Panchayat property or to the wants of any locality and may suggest any
improvement which may appear desirable.

(2) Every member of a Gram Panchayat shall have the right to move
resolution and to interpollate the Pradhan on the matters connected with the
administration of the Gram Panchayat, subject to such rules as may be
prescribed.

(3) Every member of a Gram Panchayat shall have access, during

office hours, to the records of the Gram Panchayat for his inspection after
giving due notice to the Panchayat Secretary of the Gram Panchayat, who
may for reasons given in writing and with the approval of the Pradhan refuse
Pradhan,
Upa- such access.
Pradhan or
member not 49. No Pradhan, Upa-Pradhan or member shall be paid from the funds at
to receive
salary etc. the disposal of or under the control of the Gram Panchayat any salary or
remuneration for services rendered by him whether in his capacity as such
or in any other capacity :

Provided that the Pradhan shall be entitled to fixed honorarium and

fixed tarvelling allowance per month at such rate as the State Government
by order in writing may direct from time to time :

Provided further that when an Upa-Pradhan exercises the powers,

perform the functions and discharges the duties of the Pradhan under
circum- stances specified in sub-section (7) of Section 20 or when a
member is appointed to act as Pradhan under sub-section (8) of that
Section, such Upa- Pradhan or, member shall , for the period during which
he acts as such, be entitled to fixed honorarium and fixed travelling
allowance at the same rates at which a Pradhan is entitled to the same
under the preceding provision.

Secretary CHAPTER IV
of Gram Staff of Garm Panchayat
Panchayat.
50. (1) For every Gram Panchayat there shall be 1[one or more]
Panchayat Secretaries appointed by the State Government.
2
[------------------------------------------------------------------------]
1. Substituted by The Tripura Panchayats ( Second Amendment) Act,
1998, w.e.f. 15.10.1998.
2. Deleted ibid.
 38

(2) Subject to such rules and conditions as may be prescribed, the

Panchayat Secretaries shall act in all matters under the control of the
Pradhan through whom they shall be responsible to the Gram Panchayat.

51. (1) Subject to such rules as may be made by the State Government in Staff of
this behalf, a Gram Panchayat may appoint such officers and employees as the Gram
may be required by it and may fix the salaries and allowances to be paid to Panchayat.
the persons so appointed :

Provided that no post shall be created or abolished and no revision of

scale of pay of any post shall be made by the Gram Panchayat without the
prior approval of the State Government.

(2) The State Government may place at the disposal of the Gram
Panchayat the services of such officers or other employees serving under it
on such terms and conditions as it may think fit 1[and all such officers and
employees shall comply with instructions as may be issed in this respect
from time to time.] :

Provided that any such officer or employee shall be recalled by the

State Government if a resolution to that effect is passed by the Gram
Panchayat at a meeting specially convened for the purpose, by a majority
of the total number of members holding office for the time being :

Provided further that the State Government shall have disciplinary

control over such officers and employees.

52. Subject to the provisions of this Act, the rules made thereunder and
Exercise of
to any general or special directions as the State Government may give in powers etc.
this behalf, the officers and other employees employed by the Gram by the
Panchayat and the officers and other employees whose services have been officers
placed at the disposal of the Gram Panchayat shall exercise such powers, and
perform such functions and discharge such duties as the Gram Panchayat employees.
may determine.

CHAPTER V
Property and Fund of Gram Panchayat

53. A Garm Panchayat shall have power to acquire, hold and dispose of Power to
property and to enter into contracts : acquire
hold and
dispose of
1. Inserted by The Tripura Panchayats ( Second Amendment) Act, property.
1998, w.e.f. 15.10.1998.
 39

Provided that in all cases of acquisition or disposal of immovable

property, the Gram Panchayat shall obtain the prior approval of the State
Government.

Properties
vested in
54. Subject to such restrictions or conditions as the State Government
the Gram may think fit and proper, all properties of the nature specified below and
Panchayats. situated within the local limits of a Gram Panchayat shall vest in and belong
to the Gram Panchayat concerned and shall be under its directions,
management and control and shall be held and applied for the purpose of
this Act--------

(a) all public buildings constructed and maintained out of the

funds of the Gram Panchayat ;

(b) all public roads which have been constructed and

maintained out of the funds of the Gram Panchayat and
the stones and other materials thereof and also trees,
erection materials, implements and things provided for
such roads ; and

(c) all lands and other properties movable or immovable

trans- ferred to the Gram Panchayat by the State
Government.

(2) The State Government may, by notification, exclude any street,

bridge or drain from the operation of this Act or of any specifed Section of
this Act :

Provided that , if the cost of the construction of the work shall have
Allocation
of property been paid from the Gram Panchayat Fund, such work shall not be excluded
to Gram from the operation of this Act or any specified Section of this Act except
Panchayats. after consideration of the views of the Gram Panchayat at a meeting.
Acquisition
of land
55. The State Government may allocate to a Gram Panchayat any public
for Gram property situated within its lical jurisdiction, and thereupon such property
Panchayats. shall vest in and come under the control of the Gram Panchayat.

56. (1) Where a Gram Panchayat requires land for carrying out any of the
purposes of this Act, it may negotiate with person or persons having
interest in the said land and if it fails to reach an agreement, it may make an
application in the manner prescribed to the Collector of the District for the
acquisition of the land and the Collector may, if he is staisfied that the land
is required for public purposes, take steps to acquire the land under any law
for the time being in force for acquisition of land and such land shall, on
acquisition, vest in the Gram Panchayat.
 40

(2) Subject to such conditions as may be imposed and any special

reservation as may be made by the State Government , the management of
all public property, markets, fairs and ferries or such portion thereof as are
held upon public land and as are maintained by the State Government
within the local limits of a Gram may be entrusted to the Gram Panchayat
concerned and thereupon such public property, markets, fairs and ferries
shall be managed and regulated by the Gram Panchayat concerned, which
shall receive, to the credit of the Gram Panchayat Fund, all dues levied or
imposed by it in respect thereof.

57. A Gram Panchayat may borrow money from the State Government Power to
or, with the sanction of the prescribed authority from the Central borrow
Government or, from the banks or other financial institutions for money.
furtherence of its objectives on the basis of such specific schemes as may
be drawn up by the Gram Panchayat.

58. (1) For every Gram Panchayat there shall be constituted a Gram Gram Pan-
Panchayat Fund bering the name of the Gram Panchayat and there shall be chayat Fund.
placed to the credit thereof--------

(a) contributions, and grants, made by the Central or the

State Government including grants-in-aid from the
Consolidated Fund of the State based on the
recommendation of the State Finance Commission
constituted under this Act ;

(b) contributions and grants, if any made by the Zilla Parishad,

Panchayat Samiti or any other local authority;

(c) loans, if any, granted by the Central Government or the

State Government or any of the instituions specified in this
Section.

(d) all receipts on account of taxes, rates, duties, tolls and fees
levied by it ;

(e) all receipts in respect of any schools, hospitals,

dispensaries, buildings, institutions or works vested in,
constructed by or placed under the control and
management of the Gram Panchayat ;

(f) all sums received as gift or contribution and all income from
any trust or endowment made in favour of the Gram
Panchayat ;
 41

(g) such fines and penalties imposed and realised under the
provisions of this Act as may be prescribed ; and

(h) all other sums received by or on behalf of the Gram Panchayat.

(2) Every Gram Panchayat shall set apart and apply annually such sum
as may be required to meet the cost of its own administration including the
payment of salary, allowances, provident fund and gratuity to its officers and
employees.
1
[(3) Every Gram Panchayat shall have the power to open such Bank or
Postal account as may be directed by the State Government].

(4) The Gram Panchayat Fund shall be vested in the Gram Panchayat
and the amount standing to the credit of the Fund shall be kept in such
custody as the State Government may, from time to time, direct.
2
[(5) Subject to such control as the Gram Panchayat may exercise from
time to time, all orders for payment from the Gram Panchayat Fund shall be
jointly signed by the Pradhan and Panchayat Secretary. In absence of
Pradhan, the Upa-Pradhan may sign jointly with Panchayat Secretary with
prior specific approval of the Gram Panchayat].

(6) The Gram Panchayat Fund shall be operated in such manner as

may be prescribed.

Imposition
of tax by
59. (1) Subject to such rules as may be made in this behalf, a Gram
Gram Panchayat may impose yearly, on lands and buildings within the local limits
Panchayats. of its jurisdiction, a tax at such rate as may be prescribed on the annual
value of such lands and buildings to be paid by the owners and occupiers
thereof.

(2) The following lands and buildings shall be exempted from

imposition of tax under sub-section (1) namely--------

(a) lands and buildings ,the annual value of which is not more
than such limit as may be prescribed ;

(b) lands and buildings belonging to a local authority and used

or intended to be used exclusively for a public purpose and
not used or intended to be used for purposes of profit ;
1. Substituted by The Tripura Panchayats ( Second Amendment) Act,
1998, w.e.f 15.10.1998.
2. Substituted ibid.
 41

(c) lands and buildings used exclusively for religious,

educational or charitable purposes ; and

(d) lands and buildings owned by the Central or State Government.

(3) The State Government may, by notification, exempt either

wholly or in part any other class of properties or classes of properties
specified in the notification fron the taxes or duties leviable under this
Section.

(4) Subject to such rules, restrictions and conditions as may be

made in this behalf, a Gram Panchayat may with the prior approval of the
State Government levy--------

(a) on all transfers of inmovable property situated within the

local limits of the Gram Panchayat, a duty in the shape
of an additional stamp duty at such rate as may be
prescribed for the sale, the value of the property in the
case of a gift, the amount secured by the mortgage, the
value of the property of the greater value in the case of
exchange, or the value of rent for the first ten years in the
case of a lease, as set forth in the instrument; and

(b) a duty in the shape of an additional stamp duty at such

rate as may be prescribed on all payments for admission
to any entertainment.

(5) The State Government may take rules for regulating the
collection of the duty on transfers of immovable property and duty on
entertainment referred to in sub-section (4), the payment therof to the
Gram Panchayat and the deduction of any expenses incurred by the State
Goverment in the collection thereof.

Explanation - In this Section--------

(a) "annual value" in relation to any land or buildings, means

an amount not exceeding six per centum of the market
value of such land and building estimated in the prescribed
manner;

(b) "entertainment" includes any exhibition, cinematograph

exhibition, performance, amusement games or sports
to which persons are admitted on payment.
 42

Levy of
rates and
60. (1) Subject to such maximum rates as the State Government may
fees prescribe, a Gram Panchayat may levy the following fees, rates and tolls
namely :--------

(i) fees on the registration of vehicles ;

(ii) a fee for providing sanitary arrangements at such places of

worship or pilgrimage, fairs and melas within its
jurisdiction as may be specified by the State Government
by notification published in the manner prescribed ;

(iii) a water rate, where arrangement for the supply of water

for drinking, irrigation or any other purpose is made by
the Gram Panchayat within its jurisdiction ;

(iv) a lighting rate, where arrangement for lighting of public

streets and places is made by the Gram Panchayat within
its jurisdiction ;

(v) a conservancy rate, where arrangement for cleaning

private latrines, urinals and cesspools is made by the Gram
Panchayat within its jurisdiction ;

(vi) fees on licence for running trade, wholesale or retail,

within the jurisdiction of the Gram Panchayat unless such
licence or such trade is prohibited under any law for the
time being in force ;

(vii) tolls on persons, vehicles or animals or any class of them

at any toll bar which is established by the Gram
Panchayat on any roads or bridge vested in or under the
management of the Gram Panchayat ; and

(viii) tolls in respect of any ferry established by or under the

management of the Gram Panchayat.

(2) The Gram Panchayat shall not undertake registration of vehicles

or levy fees thereof and shall not provide sanitary arrangement at places of
worship or pilgrimage, fairs and melas within its jurisdiction or levy fees
therfor if such vehicle has already been registered by any other authority
under any law for the time being in force or if such provision for sanitary
arrangement has already been made by any other local authority or by the
State Government.
 43

61. An appeal shall lie against any order made by Gram Panchayat
Appeal against
imposing tax or levying rate, fee or toll in such manner as may be
imposition of
prescribed before the prescribed authority and the decision of the tax, levy of
prescribed authority in appeal shall be final. rate, toll or
fee.
62. All dues on account of taxes, rates, tolls or fees payable to Gram
Recovery of
Panchayat under this Act shall be recoverable as arrears of land revenue. tolls taxes,
rates or fees
as arrears of
63. (1) The State Government may remit the whole or part of any tax land revenue.
imposed or rate, toll or fee levied by a Gram Panchayat in respect of any Remission
period after the commencement of this Act. or revision
tax, toll, rate
or fee.
(2) The power exercisable by the State Government under sub-
section (1) shall also be exercisable either generally or in any specifed area
by the prescribed authority under such circumstances as the State
Government may prescribe.

(3) A Gram Panchayar may, by resolution and under such circum-

stances as may be prescribed, remit the whole or part of any such tax, rate
toll or fee imposed or levied by it provided that no such resolution shall
take effect unless it is approved by the prescribed authority.

(4) Where any tax, rate, toll or fee has been remitted under the
Sec- tion, any sum realised from any person on account of tax, rate, toll or
fee so remitted, shall be refunded to him by the Gram Panchayat.

64. (1) The Pradhan of every Gram Panchayat shall at such time and in
such manner as may be prescribed cause to be prepared in each year a Budget of
budget of its estimated income and expenditure for the following year and the Gram
Panchayat.
shall place the budget for passing in the meeting of the Gram Panchayat to
be convened for the purpose and shall submit the budget to the Panchayat
Samiti having jurisdiction over the area of the Gram.

(2) The Panchayat Samiti may, within such time as may be

prescribed, either approve the budget or return it to the Gram Panchayat for
such modifi- cations as it may direct. On such modifications being made
the budget shall be resubmitted within such time as may be prescribed for
approval of the Panchayat Samiti. If approval of the Panchayat Samiti is
not received by the Gram Panchayat within two months or by the last date
of the year, whichever is earlier the budget shall be deemed to be approved
by the Panchayat Samiti.
 44

(3) No expenditure shall be incurred unless the budget is approved by

the Panchayat Samiti.

(4) If before such date as may be prescribed a Gram Panchayat fails

to submit the budget to the Panchayat Samiti, the prescribed authority may
call upon the Gram Panchayat to furnish such information as it may require
and may prepare the budget as required under sub-section (1) and submit it
to the Panchayat Samiti for approval and the budget so prepared by the
prescribed authority shall have effect as if it had been passed by the Gram
Panchayat, and the prescribed authority shall submit it to the Panchayat
Samiti.

(5) On receipt of the budget from the prescribed authority under

sub-section (4), the Panchayat Samiti shall approve the budget with such
modification as deemed necessary and return it to the prescribed authority
for onward transmission to the Gram Panchayat.

Supplementary
Budget. 65. A Gram Panchayat may prepare in each year a supplementary
estimate providing for any modification of its budget and submit it to the
Panchayat Samiti for approval within such time and in such manner as may
be prescribed.
Accounts.
66. Every Gram Panchayat shall keep accounts of its income and
expenditure in such manner and in such form as may be prescribed.

PART III
PANCHAYAT
SAMITI

CHAPTER I
Creation of Constitution of Panchayat Samiti
Block.

67. (1) The State Government may, by notification , divide a District into
Blocks each of which shall comprise such local areas as may be specified in
the notification :

Provided that a Block may comprise such Grams as are not

contiguous or have not common boundaries and are separated by an area to
which this Act does not extend or areas in which the remaining Sections of
this Act, referred to in sub-section (3) of Section 1, have not come into
force.

(2) The notification under sub-section (1) shall specify the name of
the Block by which it shall be known and shall specify the local limits of such
Block.
 45

(3) The State Government may, after making such enquiry as it may
think fit 1[.............] by notification-------

(a) exclude from any Block any Gram comprised therein ;

(b) include in any Block any Gram contiguous to such Block or

seperated by an area to which this Act does not extend or
in which the remaining Sections of this Act, referred to in
sub- section (3) of Section 1, have not come into force ;

(c) divide the area of a Block so as to constitute two or more

Blocks ; or

(d) unite the areas of two or more Blocks so as to constitute a

single Block.

68. (1) For each Block there shall be constituted a Panchayat Samiti Constitution
having jurisdiction, save and except as otherwise provided in this Act, over of Panchayat
the entire Block excluding such portions of the Block as are included in Samiti.
a Municipality or under the authority of a Municipal Corporation or a
Notified Area Authority 2[Tripura Tribal Areas Autonomous District
Council, Cantonment] constituted under any law for the time being in
force:

Provided that a Panchayat Samiti may have its office in any area
comprised within the excluded portion of the Block.

(2) Every Panchayat Samiti shall be a body corporate by the name

of the Block and shall have perpetual succession and common seal and
subject to such restrictions as are imposed by or under this Act or any
other enactment, shall be vested with the capacity of suing or being sued in
its corporate name, or acquiring, holding and transferring property,
movable or immovable, whether without or within the limits of the area
over which it has authority, of entering into contracts and of doing all
things, necessary, proper and expedient for the purpose, for which it is
constituted. Effect of
alteration of
69. (1) When any Gram Panchayat is excluded from a Block under
clause
(a) of sub-section (3) of Section 67, such Gram shall , as from the date of
the
the area of
1. Deleted by The Tripura Panchayats ( Second Amendment) Act, Block.
1998,
w.e.f 15.10.1998.

2. Inserted ibid.
 46

notification referred to in that sub-section , cease to be subject to the

jurisdiction of the Panchayat Samiti of that Block and, unless the State
Government otherwise directs, to the rules, orders, directions and
notifications in force therein.

(2) When a Garm is included in a Block under clause(b) of sub-section

(3) of Section 67, the Panchayat Samiti for that Block shall, as from the date
of the notification referred to in that sub-section, have jurisdiction over such
Gram and, unless the State Government otherwise directs, all rules, orders,
directions and notifications in that Block shall apply to the Gram so included.

(3) When the area of any Block is divided under clause (c) of sub-
section (3) of Section 67, so as to constitute two or more Blocks, there shall
be reconstruction of the Panchayat Samiti for the newly constituted Blocks
in accordance with the provisions of this Act, and the Panchayat Samiti of
the Block so divided shall, as from the date of coming into office of the
newly constituted Panchayat Samitis, cease to exist.

(4) When the areas of two or more Blocks are united under clause
(d) of sub-section(3) of Section 67 so as to constitute a single Block, there
shall bereconstitution of the Panchayat Samitis for the newly constituted
Blocks in accordance with the provisions of this Act, and the Panchayat
Samities of the Blocks so united shall, as from the date of coming into
office of the newly constituted Panchayat Samiti, cease to exist.

(5) When under sub-section (3) of Section 67 any Gram is excluded

from, or inlcluded in, a Block, or Block is divided so as to constitute two or
more Blocks, or two or more Blocks are united to constitute a single Block,
the properties, funds and liabilities of the Panchayat Samiti or Samitis
affected by such reorganisation shall vest in such Panchayat Samiti or
Panchayat Samitis and in accordance with such allocation, as may be
determined by order in writing by the prescribed authority, and such
determination shall be final.

Composition
of 70. (1) Every Panchayat Samiti shall consist of-------
Panchayat
Samiti. (a) directly elected members from territorial constituencies as
determined under section 71 of this Act ;

(b) The members of the Lagislative Assembly of the State

representing constituencies which comprise wholly or
partly the Panchayat Samiti, ex-officio ; and
 (c) The Pradhans of Gram Panchayats within the Block, ex-officio.

(2) The Gram Pradhans or other members of the Panchayat Samiti

whether or not chosen by direct election from territorial constituencies in the
Panchayat Samiti, shall have the right to vote in the meetings of the
Panchayat Samiti except for election and removal of the Chairman and the
Vice-Chairman of the Panchayat Samiti.

Number of
members
71. (1) 1[The number of elected members of a Panchayat Samiti shall consist
to be of persons elected from the territorial constituencies in the Panchayat
elected to Samiti area, as may be notified from time to time by the Government. The
Panchayat number of directly elected members of a Panchayat Samiti shall not be less
Samiti. than nine and not more than fifteen as may be prescribed.

(2) For election to the Panchayat Samiti, the prescribed authority

shall, in accordance with such rules as may be prescribed in this behalf by
the State Government, divide the Panchayat Samiti area into territorial
constituencies in such manner that the population of each constituency shall,
as far as practicable, be the same throughout the Panchayat Samiti area.

(3) Each territorial constituency shall elect one member through

direct election in the manner as prescribed.

2
[Provided that after the General Election, if due to exclusion of any
area from or inclusion of any area in a Panchayat Samiti, the number of
seats and constituencies for a Panchayat Samiti determined in the General
Election is affected, determination of total number of seats including
reservation of seats for Scheduled Castes and Scheduled Tribes and the
division of the Panchayat Samiti area into constituencies shall be made
afresh before conducting next election, as may be prescribed.

Provided futher that where such determination of total number of

seats including determination of seats reserved for Scheduled Castes and
Scheduled Tribes and division of the Panchayat Samiti area into
Constituencies is made, the rotation of the seats for Scheduled Castes,
Scheduled Tribes and Women shall be made afresh before conducting next
election. as may be prescribed.]

1. Substituted by The Tripura Panchayats ( Second Amendment) Act,

1998, w.e.f 15.10.1998.
2. Inserted ibid.
 48

72. (1) Seats shall be reserved in a Panchayat Samiti for the Schedued Reservation
Castes and the Scheduled Tribes , and the number of seats to be reserved of seats.
shall bear, as nearly as may be, the same proportion, to the total number of
seats to be filled by direct election in that Panchayat Samiti, as the
population of the Scheduled Castes or the Scheduled Tribes in that
Panchayat Samiti area bears to the total population of that area and such
seats may be allotted by rotation to different constituencies in a Panchayat
Samiti in such manner as may be prescribed.

(2) Not less than one-third of the total number of seats reserved
under sub-section (1) shall be reserved for women belonging to the
Scheduled Castes or, as the case may be, the Scheduled Tribes.

(3) Not less than one third ( including the number of seats reserved
for women belonging to the Scheduled Castes and the Scheduled Tribe of
the total number of seats to be filled by the direct election in every
Panchayat Samiti shall be reserved for women and such seats may be
allotted by rotation to different territorial constituencies in a Panchayat
Samiti, in such manner as may be prescribed.
Duration of
73. (1) Every Panchayat Samiti unless sooner dissolved shall continue Panchayat
for five years from the date appointed for its first meeting and no longer. Samiti.

(2) No amendment of any law for the time being in force shall have
the effect of causing dissolution of Panchayat Samiti which is functioning
immediately before such amendment, till the expiration of its duration
specified in sub-section (1).
General
74. (1) The first General Election or General Election, as the case may
Election
be , of the members of a Panchayat Samiti shall be held under the to the
provisions of this Act and of the rules and orders made 1[thereunder before Panchayat
such date as the State Election Commission in consultation] with the State Samiti
Government may, by one or more noftification in the Official Gazette
specify.

(2) The General Election to constitute Panchayat Samiti shall be

completed-------
(a) before the expiry of its duration specified in sub-section
(1) of Section 73 ; and

(b) in case of dissolution, before the expiration of a period of

six months from the date of its dissolution :

1. Inserted by The Tripura Panchayats (Amendment) Act,1994, w.e.f 2.12.1994.

 49

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 clause for constituting
the Panchayat Samiti for such period.

(3) Election in respect of casual or other vacancies shall be held at

such time as may be prescribed.

(4) If for any reason the first General Election or General Election
can not be held within the time specified in the notification referred to in
sub- section (1) or sub-section (2) the State Election Commission in
consultation with the State Government shall fix another date within which
such election shall be held.

(5) The names of all persons elected to be a Panchayat Samiti at the

first General Election or the General Election shall be published by the
State Election Commission in the Official Gazette and upon such
publication being made such Panchayat Samiti shall be deemed to be duly
constituted.

(6) The Panchayat Samiti constituted upon the dissolution of a

Panchayat Samiti before the expiration of its duration shall continue only
for the remainder of the period for which the dissolved Panchayat Samiti
would have continued under sub-section (1) of section 73 had it not been so
dissolved.

Disqualifi-
cation of
75. Subject to the other provisions contained in the Act, a person shall not
members of be qualified to be a member of a Panchayat Samiti, if-------
Panchayat
Samiti. (a) he is a member of any municipal or other local
authority constituted under any law for the time being
in forces ;

(b) he is so disqualified by or under any law for the time being

in force for the purposes of elections to the legislature of the
State of Tripura and he is so disqualified by or under any
law made by the legislature of the State of Tripura : or

Provided that no person shall be disqualified on the ground that he is less

than twenty-five years of age, if he has attained the age of twenty-one years ;

(c) he has, directly or indirectly by himself or by his partner or

employer or an employee, any share or interest in any
contract with, by or on behalf of the Panchayat Samiti or a
Gram Panchayat with in the Block concerned or the Zilla
Parishad of the District :
 50

Provided that no person shall be deemed to be disqualified for being

elected a member of a Panchayat Samiti by reason only of his having a
share or interest in any public company as defined in the Companies Act,
1956, which contracts with or is employed by the Panchayat Samiti or any
such Gram Panchayat or such Zilla Parishad ;

(d) he has been dismissed from the service of the Central

Government or a State Government or a local authority
or a co-operative society, or a Government Company
or a Corporation owned or controlled by the Central
Government or the State Government for misconduct
involving moral turpitude and five yeras have not
elapsed from the date of such dismissal ;

(e) he has been adjudged by a competent court to be of

unsound mind ;

(f) he is an undischarged insolvent ;

(g) he being a discharged insolvent has not obtained from the

court a certificate that his insolvency was caused by
misfortune without any misconduct on his part ; or

(h) he has been convicted by court for an offence involving

moral turpitude punishable, with imprisonment for a
period of more than six months or an offence under
chapter IXA of the Indian Penal Code or Chapter III of
Part VII of the Representation of the People Act, 1951,
and five years have not elapsed from the date of
expiration of the sentence.

76. (1) A member of a Panchayat Samiti belonging to any political

party shall be disqualified for being a member of the Panchayat Samiti-------
Disqualifi-
cation on the
(a) If he has voluntarily given up his membership of such
ground of
political party ; or
defection and
decision
(b) If he votes or abstains from voting in the Panchayat Samiti thereon.
contrary to any direction issued by the political party to
which he belongs or by any person or authority,
authorised by it in this behalf, without obtaining in either
case, the prior written permission of such voting or
abstention has not been condoned by such political party,
person or authority within thirty days from the date of
such voting or abstention.
 51

Explanation : For the purpose of this sub-section, a member of a

Panchayat Samiti shall be deemed to belong to the political party, if any, by
which he was set up as a candidate for election as such member.

(2) A member of a Panchayat Samiti who has been elected as such

otherwise than as a candidate set up by any political party shall be
disqualified for being a member of the Panchayat Samiti if he joins any
political party after such election.

Note : For the purpose of this Section" political party" means a political
party which has been recognised by the Election Commission of India as a
national party or as a state party of this State.

(3) If any question arises as to whether a member of Panchayat

Samiti has become subject to disqualification under sub-section (1), the
question shall be referred for decision of the District Magistrate having
jurisdiction over such Panchayat Samiti and his decision shall be final.

(4) The proceeding under sun-section (1) shall be completed and

decision thereon shall be communicated within fifteen days from the date
when any such question has been referred.

(5) During pendency of a proceeding no decision shall be taken by

the Panchayat Samiti in any meeting for the removal or election of the
Chairman and the Vice-Chairman.

(6) The disqualification shall take effect from the date of the
decision of the District Magistrate.

Majority of
members elected
77. (1) Notwithstanding anything contained elsewhere in this Act at a
at a general General Election of the members of a Panchayat Samiti-------
election to
function when (a) if the election of any member from any constituency can
election of not be held : or
members from
constituencies (b) if held, result of such election can not be published in the
can not be held.
Official Gazette by reason of the order of a court or for any
other reason, within such time as the State Government
considers reasonable.

The State Government may, if it thinks expedient so to do in the

interest of the administration of the Panchayat Samiti concerned, by an
order direct that
 52

such of the members of the Panchayat Samiti as have been elected and are
able to assume office as members, shall forthwith assume such office.

(2) Upon an order under sub-section (1) being made, the names of
the members., who have been elected and as regards the publication of the
result of whose election there is no impediment, shall be published in the
Official Gazette and such members shall assume office as members of the
newly constituted Panchayat Samiti after General Election of the members
of the Panchayat Samiti and shall be deemed to constitute, for the being,
total number of members of the Panchayat Samiti.

(3) Any member of the Panchayat Samiti who is subsequently

elected or whose name is subsequently published in the Official Gazette as
a member, shall be entitled to assume office as such member, but his term
of office shall be deemed to have commenced from the date of the first
meeting at which a quorum is present of the members referred to in sub-
section (1).

78. (1) The directly elected members of every Panchayat Samiti shall, at Election of
its first meeting at which a quorum is present elect, in the prescribed Chairman
manner, one of its directly elected members to be the Chairman and another Vice-
member to be the Vice-Chairman of the Panchayat Samiti : Chairman.

Provided that the ex-officio members , such as Gram Pradhan,

Member of Legislative Assembly and other ex-officio members shall not be
eligible for such election :

Provided further that subject to such rules may be made in this behalf
by the State Government, a member shall not be eligible for such election
unless he declares in writing that, on being elected, he shall be a whole time
functionary of his office and that during the period for which he holds or is
due to hold such office, he shall not hold such office of profot unless he has
obtained leave of absence from his place of employment or shall not carry
on or be associated with any business, profession or calling in such manner
that shall, or is likely to, interfere with due exercise of his powers or due
performance of his functions or due discharge of his duties.

(2) The meeting to be held under sub-section (1) shall be convened

by the prescribed authority in the prescribed manner.

(3) The Chairman or Vice-Chairman, subject to the provision of

Section 82 and to their continuing as members, shall hold office for a period
of five years ;
 53

(4) On expiry of five years or on ceasing to be members, whichever

is earlier, the Chairman or the Vice-Chairman shall hand over the charges
to the prescribed authority.

(5) When-------

(a) the office of the Chairman falls vacant by reason of death,

resignation, removal or otherwise ; or

(b) the Chairman is by reason of leave, illness, or other cause,

temporarily unable to act, the Vice-Chairman shall
exercise the powers, perform the functions and discharge
the duties of the Chairman until a new Chairman is
elected and assumes office or until the Chairman resumes
his duties, as the case may be.

(6) When-------

(a) the office of the Vice Chairman falls vacant by reason of

death, resignation, removal or otherwise ; or

(b) the Vice Chairman is, by reason of leave illness or other

cause, temporarily unable to act, the Chairman shall
exercise the powers, perform the functions and discharge
the duties of the Vice Chairman until a new Vice
Chairman is elected and assumes office or until the Vice
Chairman resumes his duties, as the case may be.

(7) When the offices of the Chairman and the Vice Chairman are
both vacant or the Chairman and the Vice Chairman are temporarily unable
to act, the prescribed authority may appoint a Chairman and a Vice
Chairman from amongst the elected members of the Panchayat Samiti to act
as such until a Chairman or a Vice Chairman is elected and assumes office or
untill the Chairman or the Vice Chairman resumes duties, as the case may
be.

(8) Notwithstanding anything to the contrary contained in this Act,

the State Government may, by an order in writing, remove a Chairman or a
Vice Chairman from his office if, in its opinion, he holds any office of profit
or carries on or is associated with any business, profession or calling in
such manner that shall, or is likely to interfere with due exercise or his
powers, performance of his functions or discharge of his duties :
 54

Provided that the State Government shall, before making any such
order, give the person concerned an opportunity for making a
representation against the proposed order.

(9) The Chairman and the Vice-Chairman of the Panchayat Samiti

shall be entitled to leave of absence for such period or periods as may be
prescribed.

79. (1) Seats shall be reserved in the office of the Chairman of Panchayat Reservation
Samiti for the Scheduled Castes and the Scheduled Tribes and the number of seats.
of offices so reserved in the State shall bear, as nearly as may be, the
same proportion to the total number of such offces as the population of the
Scheduled Castes in the State or of the Scheduled Tribes in the State bears
to the total population of the State.

1
[ Provided that in the event of non-availability of any elected
member belonging to Scheduled Castes or as the case may be Scheduled
Tribes, the reservation rotation for the office of Chairman will skip to next
rotation. ]

(2) Not less than one third of the total number of offices of
Chairman of Panchayat Samiti, including the number of seats reserved
for the Scheduled Castes and the Scheduled Tribes, shall be reserved for
woman in such manner as may be prescribed :

Provided that the number of offices reserved under this Section shall
be allotted by rotation of a Panchayat Samitis in such manner as may be
prescribed within the State.

(3) Save as otherwise provided under this Act, the Chairman and
the Vice Chairman of a Panchayat Samiti shall hold office for the term of
office of the members of the Panchayat Samiti.
Resignation
80. (1) A Chairman or a Vice Chairman or a member of Panchayat Samiti of Chairman,
may resign his office by writing under his hand to the prescribed authority Vice Chairman
and, on such resignation being accepted , the Chairman , the Vice or member.
Chairman or the member, as the case may be, shall be deemed to have
vacated his office.

1. Inserted by The Tripura Panchayats ( Second Amendment) Act,

1998, w.e.f 15.10.1998.
 55

(2) When a resignation is accepted under sub-section (1), the

prescribed authority shall communicate it to the members of Panchayat
samiti concerned within thirty days of such acceptance.

Removal of
member of
81. (1) The prescribed authority may, after giving opportunity to a
Panchayat member of a Panchayat Samiti (other than an ex-officio member) to show
Samiti. cause against the action proposed to be taken against him, by order remove
him from office ----

(a) if, after he becomes a member, he is convicted by a

criminal court for an offence involving moral
turpitude and punishable with imprisonment for a period
of more than six months ;

(b) if he was disqualified to be a member of the Panchayat

Samiti at the time of his becoming a member ;

(c) if he incurs any of the disqualifications mentioned in clauses

(a) to (h) of section 75 after his becoming a member of
the Panchayat Samiti ;

(d) if he is absent from three consecutive meetings of the

Panchayat Samiti without the leave of the Panchayat
Samiti ; or

(e) if he does not pay any arrear in respect of any tax, toll,
fee or rate payable under this Act.

(2) Any member of a Panchayat Samiti who is removed from his

office by the prescribed authority under sub-section (1) may, within thirty
days from the date of the order, appeal to such authority as the State
Government may appoint in this behalf, and thereupon, the authority so
apponited may stay the operation of the order till the disposal of the appeal
and may, after giving notice of the appeal to the prescribed authority, and
after giving the appellant an opportunity of being heard, modify, set aside
or confirm the order.

(3) The order passed by such authority on such appeal shall be final.
Removal of
Chairman/
Vice Chair- 82. A Chairman or a Vice-Chairman of Panchayat Samiti may, at any
man. time, be removed from office by a resolution of the Panchayat Samiti
carried by the
 56

majority of the existing elected members of the Panchayat Samiti at a

meeting specially convened for the purpose in the prescribed manner.
Notice of such meeting shall be given to the prescribed authority by not
less than one fifth of the total members :

Provided that in such meeting, while any resolution for the removal
of the Chairman from his office is under consideration, the Chairman, or
while any resolution for the removal of the Vice-Chairman from his office
is under consideration, the Vice-Chairman , shall not, though he is present,
preside and the provisions of sub-section (3) of Section (87) shall apply in
relation to every such meeting as they apply in relation to a meeting from
which the Chairman or, as the case may be, the Vice- Chairman is absent.

83. In the event of removal of a Chairman or a Vice-Chairman under Filling of

section 82 or when a vacancy occurs in the office of a Chairman or a Vice- causal vacancy
Chairman by resignation, death, or otherwise, the Panchayat Samiti shall of the office of
Chairman/
elect another Chairman or Vice-Chairman, in the prescribed manner. Vice-Chairman.

84. If the office of a member of a Panchayat Samiti becomes vacant by Filling of

reason of his death, resignation, removal or otherwise, the vacancy shall be casual vacancy
filled by election in the prescribed manner. in the office of
the member of
Panchayat
Samiti.
85. Every Chairman or Vice-Chairman elected under Section 83 and a Term of office
person who becomes a member under Section 84 to fill a casual vacancy of Chairman
shall hold office for the unexpired portion of the term of office of the or member
person in whose place he is so elected. filling casual
vacancy.
86 (1) Salaries and allowances of the Chairman and the Vice-Chairman Salary and
of a Panchayat Samiti shall be such as may be prescribed. allowances of
the Chairman,
(2) Every member of a Panchayat Samiti, other than the Chairman the Vice-
or the Vice-Chairman, shall be entitled to receive such sitting fee, as may Chairman and
others.
be prescribed.

87 (1) Every Panchayat Samiti shall hold a meeting in its office at least Meeting of
once in two months ( hereinafter in this Section called ordinary meeting) panchayat
on such date and at such hour as the Panchayat Samiti may fix at the Samiti.
immediately preceding meeting :
 57

Provided that the first meeting of a newly constituted Panchayat Samiti

shall be held on such date and at such hour and at such place within local
limits of the Block concerned as the prescribed authority may fix :

Provided further that the Chairman, when required in writing by one-

fifth of the members of the Panchayat Samiti to call a meeting, after giving
intimation to the prescribed authority and after giving seven days notice to the
members of the Panchayat Samiti, shall do so fixing the date and hour of the
meeting within fifteen days failing which the members aforesaid may call a
meeting within thirty days after giving intimation to the prescribed authority
and after giving seven days notice to the Chairman and the other members of
the Panchayat Samiti. Such meeting shall be held in the office of the
Panchayat Samiti on such date and at such hour as the members calling the
meeting may decide. The prescribed authority may appoint an observer for
such meeting who shall submit to the prescribed authority a report in writing
duly signed by him within a week of the meeting. The prescribed authority
shall on receipt of the report, take such action thereon as it may deem fit.

(2) Ten clear days' notice of an ordinary meeting and seven clear days'
notice of a special meeting, specifying the time at which such meeting is to be
held and the business to be transacted thereat, shall be sent to the members
and pasted up at the office of the Panchayat Samiti. Such notice shall include,
in case of special meeting, any motion or proportion mentioned in the written
request made for such meeting.

(3) The Chairman, or in his absence the Vice-Chairman, shall preside

over the meeting of the Panchayat Samiti, and in the absence of both, the
members present shall elect one of them to be the president of the meeting.

(4) One- third of the total number of members 1[ including ex-officio

members, entitled to attend] shall form quorum for a meeting of the Panchayat
Samiti :

Provided that no quorum shall be necessary for an adjourned meeting ;

(5) All questions coming before a Panchayat Samiti shall be decided

by a majority of vote : 2[ and the person presiding shall have a right to vote].

1. Inserted by The Tripura Panchayats ( Second Amendment) Act, 1998,

w.e.f 15.10.1998.

2. Inserted by The Tripura Panchayats (Amendment) Act,1994, w.e.f 2.12.1994.

 58

1
[ -----------------------------------------------------------------------]

(6) No member of a Panchayat Samiti shall vote on ,or take part in

the discussion of, any question coming up for consideration at a meeting of
the Panchayat Samiti or any committee, if the question is one in which,
apart from its general application to the public, he has any direct pecuniary
interest.

(7) (i) No matter shall be discussed at any ordinary meeting

unless it has been entered in the notice convening such
meeting, or in the case of a special meeting in the
written request for such meeting. A member may
propose any resolution connected with or incidental to
the subjects included in the list of business. The
Chairman may propose any urgent subject of a routine
nature not included in the list of business if no member
objects to it. No permission shall be giver, in the case of a
motion or matter to modify or cancel any resolution,
within three months after the passing thereof except in
accordance with sub-section(8). The order in which any
business or matter shall be brought forward at such
meeting shall be determined by the presiding authority
who, in case it is proposed by any member to give
particular matter, shall put the proposal to the meeting
and be guided by the majority of votes given for or
against the proposal.

(ii) Any ordinary meeting may, with the consent of a majority

of the members present, be adjourned from time to time,
but no business shall be transacted at any adjourned
meeting other than that left undisposed at the meeting
from which adjourment took place.

(8) No resolution of Panchayat Samiti shall be modified or

cancelled within three monts after the passing therof except by a resolution
passed by not less than one -half of the total number of members at an
ordinary or special meeting any notice whereof shall have been given
fulfilling the requirements of sub-section (2) and setting forth fully the
resolution which it is proposed to modify fully or cancel at such meeting
and motion or proposal for the modification or cancellation of such
resolution.

3. Deleted by The Tripura Panchayats (Amendment) Act,1994, w.e.f 2.12.1994.

 59

(9) The proceedings of every meeting shall be recorded in the

minutes book immediately after the deliberations of the meeting and shall
after being road over by the presiding authority of the meeting be signed by
him. The action taken on the decisions of the Panchayat Samiti shall be
reported at the next meeting of the Panchayat Samiti. The minutes book
shall always be kept in the office of the Panchayat Samiti. The minutes
book shall not be taken outside the Panchayat Samiti office under any
circumstances. The Executive Officer shall be the custodian of the minutes
book.

(10) The Panchayat Samiti may require the presence of Government

officers working at the Block level at meetings and such officers shall
attend the meetings when so required.

List o f
business to 88. A list of the business to be transacted at every meeting of a
be Panchayat Samati, except at an adjourned meeting, shall be sent to each
transacted at member of the Panchayat Samiti in the manner prescribed, along with the
a meeting. notice for the meeting and no business shall be brought before or
transacted at any meeting, other than the business of which notice has been
so given except with the approval of the majority of the members at such
meeting.
Report on
89. The Panchayat Samiti shall prepare in the prescribed manner a report
the work of
on the work done during the previous year and the work proposed to be
done
Panchayat
Samiti.
during the following year and submit it to the prescribed authority and to the
Zilla Parishad concerned within the prescribed time.

Bl ock
Development
90. The Block Development Officer shall attend meetings of the
Officer to Panchayat Samiti and shall participate in the deliberations thereof.
attend
meeting. CHATPER II
Functions and Powers of Panchayat Samiti

Functions.
91. Subject to any general or special direction by the State Government,
the Panchayat Samiti shall perform the following functions-------

(A) General Functions.

(1) Preparation of the annual plans in respect of the scheme

entrusted to it by virtue of the Act and those assigned to it by the
Government or the Zilla Parishad and submission thereof to the Zilla
Parishad or the prescribed authority within the prescribed time for
integration with the District Plan.
 60

(2) Consideration of the annual plans of all Gram Panchayats in

the Samiti area and submission of the consolidated plan to the Zilla
Parishad and the prescribed authority.

(3) Preparation and submission of the annual budget of the

Panchayat Samiti to the Zilla Parishad and the prescribed authority
alongwith the consolidated plan of the Gram Panchayats and the Panchayat
Samiti.

(4) Performing such functions and executing such works as may

be entrusted to it by the Government or the Zilla Parishad.

(B) Agriculture, including agriculture extension.

(1) Promotion and development of agriculture and horticulture.

(2) Propagation of improved methods of cultivation.

(3) Promotion of cultivation and marketing of vegetables, fruits

and flowers.

(4) Training of farmers and extension activities.

(C) Land improvement and soil conservation.

Assisting the Government and Zilla Parishad in the implementation of

land improvement and soil conservation programmes of the Government.

(D) Minor irrigation, water management and watershed development.

(1) Assisting the Goverment and Zilla Parishad in the construction

and maintenance of minor irrigation work.

(2) Implementation of community and individual irrigation works.

(E) Poverty alleviation programmes.

Planning and implementation of poverty alleviation programmes and

schemes.
 61

(F) Animal Husbandry, dairy and poultry.

(1) Maintenence of veterinary and animal husbandry services.

(2) Improvement of breed of cattle, poultry and other live stock.

(3) Promotion of dairy farming, poultry and piggery.

(4) Prevention of epidemics and contagious diseases.

(G) Fisheries.

Promotion of fisheries development.

(H) Khadi, Village and Cottage industries.

(1) Promotion of rural and cottage industries.

(2) Organisation of conferences , seminars and training

programmes as well as agricultural and industrial exhibitions.

(I) Rural housing.

Implementation of housing schemes and distribution of house sites in

villages.

(J) Social and farm foresty, minor forest produce, fuel and fodder.

(1) Planting and preservation of trees on the sides of roads and

other public lands under its control.

(2) Fuel plantation and fodder development.

(3) Promotion of farm forestry.

(K) Roads, buildings, bridges, ferries, waterways and other means

of communication.

(1) Consturction and maintenance of public roads , drains, bridges,

culverts and other means if communication which are not under the control
of any other local authority or the Government .
 62

(2) Maintenance of any building or other property vested in the

Panchayat Samiti.

(3) Maintenance of boats, ferries and waterways.

(L) Non-conventional energy sources.

Promotion and development of non-conventional energy sources.

(M) Education, including primary and secondary schools.

(1) Promotion of primary and secondary education.

(2) Construction, repair and maintenance of primary school buildings.

(3) Promotion of social education through youth clubs and mahila

mandals.

(N) Technical training and vocational education.

Promotion of rural artisan and vocational training.

(O) Adult and non-formal education.

Implementation of adult literacy and non-formal education.

(P) Cultural activities.

Promotion of social and cultural activities.

(Q) Markets and fairs.

Development of markets, fairs and festivals, except regulated markets.

(R) Health and family welfare programmes.

(1) Promotion of health and family welfare programme.

(2) Promotion of immunisation and vaccination programmes.

 63

(3) Health and sanitation at fairs and festivals.

(S) Women and child development.

(1) Promotion of programmes relating to development of women

and children.

(2) Promotion of school health and nutrition programmes.

(3) Promotion of participation of voluntary organisations in

women and child development programmes.

(T) Social welfare including welfare of the handicapped and

mentally retarded.

(1) Social welfare programmes including welfare of handicapped,

mentally retarded and destitutes.

(2) Monitoring the old age and widows' pensions and pensions for
the handicapped.

(U) Welfare of the weaker sections and in particular of the Scheduled

Castes and the Scheduled Tribes.

(1) Promotion of welfare of the Scheduled Castes, the Scheduled

Tribes and and other weaker sections.

(2) Protecting such castes and classes from social injustice and
exploitation.

(V) Maintenance of community assets.

(1) Maintaining all community assets vested in it or transferred by

the Government or any local authority or organisation.

(2) Preservation and maintenance of other community assets.

(W) Public Distribution System.

Assisting in distribution of essential commodities.

 64

(X) Rural electrification.

Promotion of rural electrification.

(Y) Co-operation.

Promotion of co-operative activities.

(Z) Libraries.

Promotion of libraries.

(AA) Drinking water.

(1) Establishment, repairs and maintenance of rural water supply

schemes.

(2) Prevention and control of water pollution.

(3) Implementation of rural sanitation schemes.

(AB) Such other functions as may be entrusted.

92. (1) The Government may assign to a Panchayat Samiti functions in Assignment
relation to any matters to which the executive authority of the Government of Functions.
extends or functions which have been assigned to the State Government by
the Central Governmnet.

(2) The Government may, by notification, withdraw or modify the

functions assigned under this Section.

93. (1) A Panchayat Samiti shall have power to ---

Powers of
Panchayat
(a) (i) undertake schemes or adopt measures, including the Samiti.
giving of financial assistance relating to the
develop- ment of agriculture, live stock, cottage
industries, co-operative movement, rural credit,
water supply, irrigation, public health and
sanitation including establishment of dispensaries
and hospitals, commu- nication, primary or adult
education including welfare of students, social
welfare and other objects of general public utility ;
 65

(ii) undertake execution of any scheme, performance of

any act, or management of any institution or
organisation entrusted to it by the State Government
or any other authority;

(iii) manage or maintain any work of public utility or

any institution vested in it or under its control
and management ; and

(iv) make grants in aid to any school, public institution

or public welfare organisation within the Block ;

(b) make grants to the Gram Panchayats ;

(c) contribute, with the approval of the State Government,

such sum or sums of money as it may consider necessary
towards the cost of water supply or anti epidemic
measures undertaken by a Municipility or Notified
Area authority within the Block ;

(d) adopt measures for the relief of distress ;

(e) co-ordinate and integrate the development plans and

schemes prepared by Gram Panchayats in the Block, if
and when necessary ; and

(f) examine and sanction the budget estimates of Gram

Panchayats in the Block.

(2) Notwithstanding anything contained in sub-section (1) , a

Panchayat Samiti shall not undertake or excute any scheme confined to an
area over which a Gram Panchayat has jurisdiction unless the Gram
Panchayat is of opinion that the implementation of such a scheme is
beyond its competence, financially or otherwise, and passes a resolution to
that effect. In the latter case, the Panchayat Samiti may execute the scheme
by itself or entrust its execution to the Gram Panchayat and give such
assistance as may be required :

Provided that a Panchayat Samiti may undertake or execute any

scheme referred to in sub clause (ii) of clause (a) of sub-section (1)
confined to an area which a Gram Panchayat has jurisdiction.
 66

(3) A Panchayat Samiti may undertake or execute any scheme if

it extends to more than one Gram.

(4) A Panchayat Samiti may by notification, delegate to the

Executive Officer or any other officer, the powers covered by or under
this Act of Panchayat Samiti.

94. The State Government may, from time to time, with the consent of State
a Panchayat Samiti, place any road, bridge, ferry,channel, building or Govern ment
other property vested in the State Government, and situated within the may place other
Block, under the control and management of the Panchayat Samiti properties under
the control
subject to such conditions as it may specify: of Panchayat
Samiti.
Provided that the State Government may, after considering the
views of the Panchayat Samiti, withdraw such control and management
to itself subject to such conditions as it may specify.

95. A Panchayayt Samiti may transfer to the State Government or to Power of

Panchayat
the Zilla Parishad or to a Gram Panchayat, any road or part of a road or Samiti to
any other property, which is under its control or management , or which transfer roads
or properties
is vested to the State
Govt. or Zilla
in it, on such terms and conditions as may be agreed upon. Parishad or
GramPanchayat.
PanchayatSamiti
96. A Panchayat Samiti may take over the maintenance and control of may take over
any road, bridge, tank, ghat, well, channel or drain, belonging to a works.
private owner or any other authority on such terms as may be agreed
upon if it is required for public purpose.
Power of Pan-
97. A Panchayat Samiti may divert, discontinue or close temporarily chayat Samiti
any road, which is under its control and management or is vested in it, to divert,
and may, with the approval of the State Government, close any such road discontinue or
close road.
perma- nently.
Vesting Pan-
98. (1) A Panchayat Samiti may be vested by the State Government chayat Samiti
with such powers under any local or special Act as the State Government with certain
may think fit. powers.

(2) A Panchayat Samiti shall perform such functions as may

be assigned to it by notification under Section 31 of the Cattle Trespass
Act, 1871.
 67

(3) A Panchayat Samiti shall exercise such other powers, perform

such other functions or discharge such other duties as the State Government
may, by general or special order, direct.

Power of
supervision
99. (1) A Panchayat Samiti shall exercise general power of supervision
by Pancha- over Gram Panchayats in the Block and it shall be the duty of these
yat Samiti authorities to give effect to the directions of the Panchayat Samiti.
over the
Gram Pan- (2) A Panchayat Samiti may ----
chayat.

(a) inspect, or clause to be inspected, any immovable

property used or occupied by a Gram Panchayat within
the Block or any work in progress under the direction of a
Gram Panchayat;

(b) inspect or examine, or depute an officer to inspect or

examine any department of a Gram Panchayat, or any
service, work or thing under the control of the Gram
Panchayat ;

(c) inspect or cause to be inspected utilisation of funds in

respect of schemes or programmes assigned to the Gram
Panchayats by the State Government for execution either
directly or through the Zilla Parishad or the Panchayat
Samiti ; and

(d) require a Gram Panchayat, for the purpose of inspection

or examination :---

(i) to produce any book, record, correspondence or

other documents ;

(ii) to furnish any return, plan, estimate, statement of

accounts or statistics ; or
Power of
Panchayat (iii) to furnish or obtain any report or information.
Samiti to
grant lice-
nce for hat 100. A Panchayat Samiti may require the owner or the lessee of a hat or
or market. market or an owner or a lessee of land intending to establish a hat or market
thereon, to obtain a licence in this behalf from the Panchayat Samiti on such
terms and conditions as may be prescribed and, subject to the provisions of
this Act, on payment of a fee for such licence.
 68

101. (1) The Chairman shall--- Powers,

functions and
(a) by responsible for maintenance of the records of the duties of
Panchayat Samiti ; Chairman and
Vice-
Chairman.
(b) have general responsibility for the financial and
executive administration of the Panchayat Samiti ;

(c) exercise administrative supervision and control over the

work of the staff of the Panchayat Samiti and the officers
and employees whose services may be placed at the
disposal of the Panchayat Samiti by the State Government
;

(d) for the transaction of business connected with this Act or

for the purpose of making any order authorised thereby,
exercise such powers, perform such funtions and discharge
such duties as may be exercised, performed or discharged
by the Panchayat Samiti under this Acr or the rules made
thereunder :

Provided that the Chairman shall not exercise such powers, perform
such functions or discharge such duties as may be required by the rules
made under this Act to be exercised performed or discharged by the
Panchayat Samiti at a meeting ; and

(e) exercise such other powers, perform such other functions

and discharge such other duties as the Panchayat Samiti
may, by general or special resolution, direct or as the
State Government may, by rule made in this behalf,
prescribe.

(2) The Vice-Chairman shall---

(a) exercise such of the powers, perform such of the functions

and discharge such of the duties of the Chairman as the
Chairman may, from time to time, subject to rules made in
this behalf by the State Government, delegate to him by
order in writing :

Provided that the Chairman may at any time withdraw the powers
and functions delegated to the Vice-Chairman ;

(b) during the absence of the Chairman, exercise all the

powers, perform all the functions and discharge all the
duties of the Chairman ; and
 69

(c) exercise such other powers, perform such other functions

and discharge such other duties as the Panchayat Samiti
may, by general or special resolution, direct or as the State
Government may, by rules made in this behalf, prescribe.

CHAPTER III
Staff of Panchayat Samiti

Staff of
Panchayat
102. (1) There shall be an Executive Officer for every Panchayat Samiti and
Samiti. the Block Development Officer shall be the ex-officio Executive Officer :

Provided that such Block Development Officer shall be recalled by the

State Government if a resolution to that effect is passed by the Panchayat
Samiti, at a meeting specially convened for the purpose, by two third majority
of the total number of members holding office for the time being.

(2) There shall be a Secretary for every Panchayat Samiti and the
Panchayat Officer of the Panchayat Extension Officer shall be the ex-officio
Secretary.

(3) Subject to such rules as may be made by the State Government,

a Panchayat Samiti may appoint such other officers and employees as may
be required by it and may fix the salaries to be paid to the persons so
appointed :

Provided that no post shall be created or abolished and no revision of

the scale of pay of any post shall be made by the Panchayat Samiti without
the prior approval of the State Government

(4) The Government shall make rules regulating the method

ofrecruitment and the terms and conditions of service including the pay and
allowances, superannuation, provident fund and gratuity of the officers and
Placing the the employees of the Panchayat Samiti.
services of
State
Govern- 103 (1) The State Government may place at the disposal of Panchayat Samiti
ment the services of such officers and other employees ( including anyofficer and
officers at official from amongst persons employed by existing local authorities)
the disposal serving under it and on such and conditions as it may think fit : 1[ and all
of Panchayat such officers and employees shall comply with instructions as may be
Samiti.
issued in this respect from time to time].

1. Inserted by The Tripura Panchayats ( Second Amendment) Act,

1998, w.e.f 15.10.1998.
 70

Provided that any such officer or employee shall be recalled by the

State Government if a resolution to that effect is passed by the Panchayat
Samiti, at a meeting specially convened for the purpose, by a majority of
the total number of members holding office for the time being :

Provided further that the State Government shall have disciplinary

control over such officers and employees.

(2) Notwithstanding anything contained in the Act or any other law

for the time being in force, State Government or any officer or other
authority authorised by it in this behalf shall have the power to effect
transfer of the officers and officials so posted from one Samiti to another
Samiti.

104. (1) The Executive Officer shall exercise general control over all Control and
officers and employees of Panchayat Samiti. establishment
of the staff of
(2) The Executive Officer may award any punishment other than Panchayat
Samiti.
dismissal, removal or reduction in rank to an officer or employee of the
Panchayat Samiti.

(3) The Executive Officer may recommend the dismissal, removal

or reduction in rank of an officer or employee of a Panchayat Samiti to the
Finance Committee and such Committee shall forward the case to the
Panchayat Samiti with its own recommendation . The Panchayat Samiti
may, if it is satisfied with such recommendation of the Finance
Committee, dismiss, remove or reduce in rank any such officer or
employee.

(4) No officer or other employee of a Panchayat Samiti shall be

punished by the Panchayat Samiti except by a resolution of the Panchayat
Samiti passed at a meeting.
Appeal.
105. (1) An appeal shall lie to the Panchayat Samiti against an order of
punishmet awarded by the Executive Officer under sub-section(2) of
Section 104 within one month from the date of that order.

(2) An appeal shall lie to the District Magistrate against an order of

punishment awarded by the Panchayat Samiti under sub-section (3) or (4)
of Section 104 within one month from the date that order.
 71

Exercise of
Powers etc.
106. Subject to the provisions of this Act, the rules framed thereunder and
by the to any general or special directions given by the State Government in that
offic- ers behalf, the officers and other employees employed by the Panchayat Samiti
and and the officers and other employees whose services have been placed at
employees. the disposal of the Panchayat Samiti shall exercise such powers, perform
such functions and discharge such duties as the Panchayat Samiti may
determine.

CHAPTER IV
Standing Committees of Panchayat Samiti
Standing
Commit- 107. (1) The Panchayat Samiti shall have the following Standing Commitees--
tees of the
Panchayat (a) Finance, Audit and Planning Committee, to be known as
Samiti. Finance Committee ;

(b) Education, Environment, Cultural, Health and Sports

Affairs Committee, to be known as Education and Health
Committee ;

(c) Communication, Rural Electrification and Non

Conventional Energy Committee, to be known as Works
Committee ;

(d) Industries including Cottage Industries and Sericulture

Committee, to be known as Industries Committee ;

(e) Social Justice Committee ;

(f) Agriculture, Food, Irrigation, Co-operation, Fisheries and

Animal Husbandry Committee, to be known as
Agriculture Committee ; and

(g) Poverty Alleviation Programme, Social and Farm Foresty,

Rural Housing and Drinking Water Committee, to be known
as Poverty Alleviation Committee.

(h) Such other Standing Committee or Committees as the

Panchayat Samiti may subject to the approval of the State
Government, constitute.

(2) Each Standing Committee shall consist of the following

members, namely :------

(a) The Chairman of the Panchayat Samiti and Vice-

Chairman of the Panchayat Samiti, ex-officio ;
 72

(b) Not less than seven and not more than eleven persons to
be elected in the prescribed manner by the members of
the Panchayat Samiti from amongst themselves ;

(c) Such number of persons being officers of the State

Government or any statutory body or corporation or
being eminent persons having specialised knowledge, as
the State Government may think fit, appointed by the State
Government. Provided that such officers shall not be
eligible for election as President of the Standing
Committee and shall not have any right to vote.

(3) The chairman shall be the ex-officio President of the Finance

Committee. For other Standing Committees there shall be a President who
shall be elected in such manner as may be prescribed.

(4) No member of the Panchayat Samiti except the Chairman and

the Vice-Chairman shall be eligible to serve on more than two Standing
Committees.

(5) A member of a Standing Committee shall hold the office for a

period of two years or for so long as he continues to be a member of the
Panchayat Samiti, whichever is earlier.

(6) The meetings of the Standing Committees shall be held in the

office of the Panchayat Samiti at such time and in such manner as may be
prescribed.

(7) Standing Committees shall exercise such powers, perform such

functions and discharge such duties as may be prescribed or as may be
assigned to them by the Panchayat Samiti.

(8) Panchayat Extension Officer/ Panchayat Officer shall be the

ex-officio Secretary of every Standing Committee.

(9) The State Government may make rules providing for the
removal of member of a Standing Committee.

108 (1) The Finanace Committee shall perform functions relating to Functions of
establishment matters and ---- the Standing
Committees.
(a) the finances of the Panchayat Samiti, framing of budget,
scrutinising proposals for increase or revenue, examination
of
 73

receipt and expenditure statements, consideration of all

proposals affecting the finances of the Panchayat Samiti
and general supervision of revenue and expenditure of
the Panchayat Samiti ; and

(b) the plan priorities , allocation of outlays to development

Programmes horizental and vertical linkages,
implementation of guidelines issued by the Government,
regular review of planning programmes, evalution of
important programmes and small savings schemes.

(2) The Education and Health Committee shall perform functions

relating to ------

(a) all educational, environmental and sports activities of the

Panchayat Samiti ;

(b) the planning of education in the Block within the

framework of the national policy and the national and
State plans ;

(c) survey and evaluation of the educational activities of

the Panchayat Samiti ;

(d) such other duties pertaining to education, adult literacy

and cultural activities as the Panchayat Samiti may assign
to it; and

(e) health services, hospital, family welfare and other allied

matters.

(3) The Works Committee shall perform functions relating to

commu nication, buildings, non conventional energy, rural
electrification and allied matters.

(4) The Agriculture Committee shall perform functions relating to

agriculture production, animal husbandry, fisheries, contour bunding and
reclamation of waste land, food and co-operation.

(5) The industries Committee shall perform functions relating to ------

(a) village and cottage industries ;

(b) promotion of industrial development of the district ;

 74

(c) promotion of sericulture ; and

(d) promotion of handloom and handicrafts.

(6) The Social Justice Committee shall perform functions relating to---

(a) promotion of education, economic, social, cultural and other

interests of the Scheduled Castes and the Scheduled
Tribes and the Backward Classes ;

(b) protection of the Scheduled Castes the Scheduled Tribes

and the Backward Classes from social injustice and all
other forms of exploitation ;

(c) amelioration of the condition of the Scheduled Castes and

the Scheduled Tribes and the Backward Classes ; and

(d) securing social justice to the Scheduled Castes and

Scheduled Tribes, women and other weaker sections of
the society.

(7) The Poverty Alleviation Committee shall perform functions

relating to promotion of rural water supply, sanitation , employment, other
poverty allevation programmes, rural housing, social forestry and farm
Forestry.

(8) The Standing Committees shall perform the functions referred

to above to the extent the powers are delegated to them by the Panchayat
Samiti.

(9) The committees shall perform functions in respect of matters

assigned to them and such additional duties as may be prescribed.

109. (1) 1[The State Government may make rules] relating to election of Procedure of
members of the Committees, conduct of business therein and all other committees.
matters relating to them.

(2) The President of every Committee shall in respect of the work

of the Committee be entitled to call for any information, return, statement,
or report from the office of the Panchayat Samiti and to enter on and
inspect any immovable property of the Panchayat Samiti or watch the
programmes connected with the work of the Committee.
1. Substituted by The Tripura Panchayats (Amendment) Act, 1994,
w.e.f 2.12.1994.
 75

(3) Each Committee shall be entitled to require attendance at its

meeting of any officer of the Panchayat Samiti who is connected with the
work of the Committee. The Secretary shall, under instruction of the
Committee, issue notices and secure attendance of the officer.

(4) The Secretary to the Standing Committee shall, in consultation

with the President, convene the meetings of that Committee.

(5) l[The President or] any member of a Standing Committee may

resign his office by giving notices in writing to the Chairman and, on such
resignation being accepted by the Panchayat Samiti , 2[President or] such
menber shall be deemed to have vacated his office.
3
[(6) The President and members shall be paid out of the Panchayat Samiti
fund sitting fees and the the President shall be entitled to leave of
absence for such period or periods, and on such terms and conditions,as the
State Government may, by order direct or may, by rules, made in this behalf,
prescribe].

Executive
Committee.
110. (1) There shall be an Executive Committee for every Panchayat Samiti
consisting of the Chairman, the Vice-Chairman and the Presidents of all
Standing Committees and the Executive Officer of the Panchayat Samiti.

(2) The Secretary of the Panchayat Samiti shall act as the Secretary
of the Executive Committee.

(3) The meeting of the Executive Committee shall be held at least

once in a month in the office of the Panchayat Samiti in such manner as may
be prescribed.

(4) The Executive Committee shall be responsible for co-ordinating

the functions between a Standing Committee and the Panchayat Samiti and
among the different Standing Committees of the Panchayat Samiti and for
monitoring activities of the Gram Panchayats in respect of the schemes, for
which funds are alloted by the Panchayat Samiti to the Gram Panchayats for
execution of such Schemes.

1. Substituted by The Tripura Panchayats (Second Amendment) Act,

1998, w.e.f. 15. 10. 1998.

2. Inserted ibid.

3. Inserted by The Tripura Panchayats (Amendment) Act, 1994,

w.e.f 2.12.1994.
 76

(5) The Executive Committee shall exercise such other powers,

perform such other functions and discharge such other duties as may be
prescribed or as may be assigned to it by the Panchayat Samiti at a
meeting.

111. When vacancy occurs in the office of a President or a member of a Casual

Standing Committee by resignation, death or otherwise, the members of vacancy.
the Standing Committee shall elect another President, or the members of
the Panchayat Samiti shall elect another member, as the case may be, in
the prescribed manner. The President or the member so elected shall hold
office for the unexpired portion of the term of office of the person in
whose place he becomes a President or a member.

CHAPTER V
Property and Fund of Panchayat Samiti

112. (1) A Panchayat Samiti shall have the power to acquire, hold and Power to
dispose of property and to enter into contracts : acquire, hold
and dispose
Provided that in all cases of acquisition or disposal of immovable of property.
property, the Panchayat Samiti shall obtain the previous approval of the
State Government.

(2) All roads, buildings or other works constructed by Panchayat

Samiti with its own funds shall vest in it.

(3) The State Government may allocate to a Panchayat Samiti any

public property situated within its jurisdiction and thereupon such
property shall vest in and come under the control of the Panchayat Samiti.

(4) Where a Panchayat Samiti requires land to carry out any of the
purposes of this Act, it may negotiate with the person or persons having
interest in the said land, and if it fails to reach an agreement, it may make
an application to the District Magistrate and Collector for the acquisition
of the land, who may, if he is satisfied that the land is required for public
purpose, take steps to acquire the land under the provisions of the relevant
Land Acquisition Act, and such land shall, on acquitisition, vest in the
Panchayat Samiti.
Panchayat
113. (1) For every Panchayat Samiti, there shall be constituted to a Samiti Fund.
Panchayat Samiti Fund bearing the name of the Panchayat Samiti and
there shall be placed to the credit thereof -------
 77

(a) contributions and grants, if any made by the Central or the

State Government, including such part of the land revenue
collected in the State as may be determined by the State
Government ;

(b) contributions and grants, if any made by the Zilla Parishad

or any other local authority ;

(c) loans,if any granted by the Central or the State

Government, or raised by the Panchayat Samiti on
security of its assests ;

(d) all receipts on accounts of taxes, tolls, rates and fees levied
by the Panchayat Samiti ;

(e) all receipts in respect of schools, hospitals, dispensaries,

buildings, institutions or works vested in, constructed by or
placed under the control and management of the
Panchayat Samiti ;

(f) all sums received as gift or contributions and all income

from any trust or endowment made in favour of the
Panchayat Samiti;

(g) such fines or penalties imposed and realised under the

provisions of this Act or of the regulations made
thereunder, as may be prescribed ; and

(h) all other sums received by or on behalf of the Panchayat Samiti.

(2) Every Panchayat Samiti shall set apart and apply annually such
sums as may be required to meet the cost of its own administration
including the payment of salary, allowances, provident fund and gratuity to
the Officers and employees. The total expenditure on establishment shall
not exceed one-third of the total expenditure of the Panchayat Samiti.

(3) Every Panchayat Samiti shall have power to spend such sums
as it thinks fit for carrying out the purposes of this Act.

(4) The Panchayat Samiti Fund shall be vested in the Panchayat

Samiti and the balance to the credit of the Fund shall be kept in such
custody as the Government may, from time to time direct.

(5) Subject to such general control as the Panchayat Samiti may

exercise from time to time, all orders and cheques for payments from the
Panchayat Samiti Fund shall be signed by the Executive Officer.
 78

114. (1) Subject to such maximum rates as the State Governme prscribed, Taxation.
a Panchayat Samiti may ------
(a) levy tolls on persons, vehicles or animals or any class of
them at any toll-bar established by it on any road other
than a kutcha road or any bridge vested in it or under
its management ;

(b) levy tolls in respect of any ferry established by it or under

its management ;
(c) levy the following fees and rates, namely ------

(i) fees on the registration of vehicles ;

(ii) a fee for providing sanitary arrangements at such

places of worship of pilgrimage, fairs and melas within
its jurisdiction as may be specified by the
Government by notification ;

(iii) a fee for licence for a hat or market ;

(iv) a water rate, where arrangement for the supply of

waterfor drinking, irrigation or any other purpose
is made by the Panchayat Samiti within its jurisdiction
; and

(v) a lighting rate, where arrangement for lighting of

public streets and places is made by the Panchayat
Samiti within its jutrisdiction,

(2) The Panchayat Samiti shall not undertake registration of a

vehicle or levy fee therefor and shall not provide sanitary arrangements at
places of worship or pilgrimage, fairs and melas within its jurisdiction or
levy fee therefor if any such vehicle has already been registered by any
other authority under any law for the time being in force or if such
provision for sanitary arrangement has already been made by any other
local authority.

(3) The scales of tolls , fees , taxes or rates and the terms and
condi- tions for the impostion thereof shall be such as may be provided by
regulation.

(4) Such regulation may provide for exemption from all or any of
the tolls, fees, taxes or rates in any class of cases.
 79
Recovery of
tolls taxes, 115. All dues on account of taxes, rates, tolls or fees payable to Panchayat
rates or fees Samiti under this Act shall be recoverable as arrears of land revenue.
as arrears of
land revenue.
Remission 116 (1) The State Government may remit the whole or part of any tax
or revision imposed or rate, toll or fee levied by a Panchayat Samiti in respect of any
of taxes period after the commencement of this Act.
tolls, rates
or fees.
(2) The power exercisable by the State Government under sub-
section (1) shall also to be exercisable either generally or in any specified
area by the prescribed authority under such circumstances as the State
Government may prescribe.

(3) A Panchayat Samiti may, be resolution and under such

circumstances as may be prescribed , remit the whole or part of any such
tax, rate toll or fee imposed or levied by it provided that no such resolution
shall take effect unless it is approved by the prescribed authority.

(4) Where any tax, rate, toll or fee has been remitted under this
Section, any sum realised from any person on account of tax, rate, toll or fee
as remitted , shall be refunded to him by the Panchayat Samiti.

117. (1) A Panchayat Samiti may subject to the provisions of any law
Loans and relating to the raising of loans by local authorities for the time being in
sinking
funds. force, raise from time to time, with the approval of the State Government,
loans for the purposes of this Act and create a sinking fund for the
repayment of such loans.

(2) A Panchayat Samiti may borrow money from the State

Government or, with the previous sanction of the State Government,
from the Central Government or the banks or other financial institutions,
for furtherance of its objectives on the basis of specific schemes, as may be
drawn up by the Panchayat Samiti for the purpose.

118. (1) Every Panchayat Samiti shall, at such time and in such manner as
Budget of the may be prescribed , prepare in each year a budget of its estimated receipts
and P a n c h a y a t disbursements for the following year and submit the budget to the Zilla
Parishad
Samiti. or prescribed authority.

(2) The Zilla Parishad or the prescribed authority, within such time as
may be prescribed, shall either approve the budget or return it to the Panchayat
Samiti for such modifications as it may direct. On such modifications being
made, the
 80

budget shall be resubmitted within such time as may be fixed by the Zilla
Parishad or the prescribed authority. If the approval of the Zilla Prishad or
prescribed authority is not received by the panchayat Samiti within two
months or by the last date of the year, whichever is earlier, the budget
shall deemed to be approved by the Zilla Parishad or the prescribed
authority, as the case may be.

(3) No expenditure shall be incurred unless the budget is approved

by the Zilla Parishad or the prescribed authority.

(4) The Panchayat Samiti may prepare in each year a

supplementary estimate providing for any modification of its budget and
may submit to the Zilla Parishad or the prescribed authority for approval
within such time and in such manner as may be prescribed.

119. A Panchayat Samiti shall keep such accounts in such form as may be Accounts.
prescribed.

120. (1) Save as otherwise expressly provided under this Act, the Function of
Executive Officer, shall ------ the Executive
officer and
(a) exercise all the powers specifically imposed or conferred other Officers.
upon him by or under this Act or under any other law
for the time being in force ;

(b) lay down the duties of, and supervise and control ,
officers and officials of , or holding office under, the
Panchayat Samiti, in accordance with rules made by
the State Government ;

(c) supervise and control the execution of all works of the

Panchayat Samiti ;

(d) take necessary measures for the speedy execution of all

works and developmental schemes of the Panchayat
Samiti ;

(e) have custody of all papers and documents connected

with the proceedings of the meetings of the Panchayat
Samiti and of its Committees ;

(f) draw and disburse money out of the Panchayat Samiti

Fund ; and
 81

(g) exercise such other powers and discharge such other

functions as may be prescribed.

(2) The Executive Officer shall attend every meeting of the

Panchayat Samiti and shall have the right to attend the meeting of a
Committee thereof and to take part in the discussion but shall not have
the right to move any resolution or to vote. If in the opinion of the
Executive Officer, any proposal before the Panchayat Samiti is
violative of or inconsistent with the provisions of this Act, or any other
law, rule or order made thereunder, it shall be his duty to bring the same
to the notice of the Panchayat Samiti and if after that the proposal is acted
upon by the Panchayat Samiti, the Executive Officer shall bring it to the
notice of the Zilla Parishad and State Government.

(3) The Secretary shall maintain the proceedings of the meetings

under the superintendence and control of the Executive Officer.

PART IV
ZILLA PARISHAD

CHAPTER I
Establishment of Zilla Parishad

Constitution of
Zilla Parishad.
121. (1) For every District there shall be constituted a Zilla Parishad
bearing the name of the District having jurisdiction , save as otherwise
provided in this Act, over the entire District excluding such portions of
the District as are included in the Tripura Tribal Areas Autonomous
District or a Municipality or in a Notified Area Authority
1
[Cantonment Area Authority] Constituted under any law for the time
being in force :

Provided that Zilla Parishad may have its office in any area
comprised within the excluded portion of the District.

(2) Every Zilla Parishad shall be a body corporate having

perpetual succession and a common seal and , subject to such
restrictions as are imposed by or under this or any law, shall be vested
with the capacity of sueing or being sued in its corporate name, of
acquiring,

1. Inserted by The Tripura Panchayats ( Second Amendment) Act,

1998, w.e.f. 15. 10. 1998.
 holding and transferring property, movable or immovable, whether without
or within the limits of the area over which it has authority, of entering into
contracts and of doing all things necessary or proper or expedient for the
purpose for which it is constituted.

(3) Subject to the provisions of the Tripura Land Revenue & Land
Reforms Act, 1960 the State Government, may, after making such enquiry
as it may think 1[............] by notification ------

(a) exclude from any District any area comprised therein ;

(b) include in any District any area contiguous to such

Districts or separated by an area to which this Act does
not extend or in which the remaining Sections of this Act,
referred to in sub-section (3), of Section 1, have not come
into force ;

(c) divide the area of a District so as to constitute two or

more Districts ; or

(d) unite the areas of two or more Districts so as to constitute

a single District.

Composition
of the Zilla
122 (1) The Zilla Parishad shall consist of ----
Parishad.
(a) the members directly elected from territorial
constituencies in the district under Section 126 ;

(b) the Chairman of all Panchayat Samitis within the District,

ex-officio ;

(c) the members of the House of the people and the members
of the State Legislative Assembly representing part or
whole of the District whose constituencies lie within the
District, ex-officio ;

1. Deleted by The Tripura Panchayats ( Second Amendment) Act, 1998,

w.e.f. 15. 10. 1998.
 83

(2) All members of the Zilla Parishad whether or not elected by direct
election from territorial constituencies in the Zilla Parishad area shall
have right to vote in the meetings of the Zilla Parishad except for
election and removal of Sabhadhipati and Sahakari Sabhadhipati.

(3) Every Zilla Parishad constituted under this section shall be

notified in the Official Gazette.

123. 1[(1) The number of elected members of a Zilla Parishad shall Elected
consist of persons elected from the territorial constituencies in the Zilla members.
Parishad area, as may be notified from time to time by the Government,
The number of directly elected members of a Zilla Parishad shall not be
less than nine and not more than forty as may be prescribed.

Provided that after the General Election, if due to exclusion of any

area from or inclusion of any area in a Zilla Parishad, the number of
seats and constituencies for a Zilla Parishad determined in the General
Election is affected, determination of total number of seats including
reservation of seats for Scheduled Castes and Scheduled Tribes and the
division of the Zilla Parishad area into constituencies shall be made
afresh before conducting next election, as may be prescribed] ;

(2) For the convenience of election, the prescribed authority shall,

in accordance with such rules as may be prescribed in this behalf by the
Government ; -----

(a) divide area of the Zilla Parishad into territorial

constituencies in such manner that population of each
constituency, shall as far as practicable, be the same
throughout the Zilla Parishad.

(3) each territorial constituency will elect one member through

direct election in the manner prescribed.

124. (1) Seats shall be reserved for----- Reservation

of seats.
(a) the Scheduled Castes ; and

(b) the Scheduled Tribes -----

1. Substituted by The Tripura Panchayats( Second Amendment) Act,

1998, w.e.f. 15. 10. 1998.
 84

in every Zilla Parishad 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 the Zilla Parishad as the population of the
Scheduled Castes in that Zilla Parishad area or of the Scheduled Tribes in
that Zilla Parishad area, as the case may be, bears to the total population of
that area and such seats may be alloted by rotation to different
constituencies in the Zilla Parishad in such manner as may be prescribed.

(2) Not less than one third of the total number of seats reserved
under sub-section (1) shall be reserved for women belonging to the
Scheduled Castes or , as the case may be, the Scheduled Tribes.

(3) Not less than one third ( including the number of seats reserved
for women belonging to the Scheduled Castes and the Scheduled Tribes)
of the total number of seats to be filled by direct election, in every Zilla
Parishad, shall be reserved for women and such seats may be alloted by
rotation to different constituencies in a Zilla Parishad, in such manner as
may be prescribed.

Term of office 125 (1) Every Zilla Parishad, except as otherwise provided in this Act,
of member shall continue for five years from the date appointed for its first meeting and
of Zilla no longer.
Parishad.
(2) No amendment of any law for the time being in force shall have
the effect of causing dissolution of Zilla Parishad, which is functioning
immediately before such amendment, till the expiration of duration
specified under sub-section (1).

General 126. (1) The First General Election or the General Election as the case
Election may be of the members of a Zilla Parishad shall be held under the
to the Zilla provisions of this Act and of the rules and orders made thereunder before
Parishad. such date as the State Election Commission in consultation with the State
Government may, by one or more notification in the Official Gazette
specify.

(2) There shall be held a General Election to constitute a Zilla

Parishad,---------

(a) before expiry of its duration specified in sub-section (1)

of Section 125 ; and
 85

(b) in case of dissolution , before the expiry of a period of

six months from the date of such dissolution :

Provided that where the remainder of the period for which the
dissolved Zilla Parishad would have continued is less than six months, it
shall not be necessary to hold any election under this clause for
constituting the Zilla Parishad for such period.

(3) Election in respect of casual or other vacancies shall be held at

such time as may be prescribed.

(4) If for any reason the First General Election or General Election
can not be held within the time specified in the notification referred to
in sub-section (1) or sub-section (2), the State Election Commission in
consultation with the State Government shall fix another date within which
such election shall be held.

(5) The names of all the persons elected to be members of a Zilla

Parishad at the First General Election or the General Election shall be
published by the State Election Commissioner in the Official Gazette and
upon such publication being made such Zilla Parishad shall be deemed to
be duly constituted.

(6) The Zilla Parishad constituted upon the dissolution of a Zilla

Parishad before the expiration of its duration shall continue only for
the remainder of the period for which the dissolved Zilla Parishad would
have continued under sub-section (1) of Section 125, had it not been so
dissolved.

1
[(7) After the First General Election or General Election,if due to
exclusion of any area from or inclusion of any area in any Zilla Parishad
area, the number of seats and constituencies for a Zilla Parishad determined
in the previous First General Election or General Election is affected,
determination of total number of seats including reservation of seats for
Scduled Castes and Scheduled Tribes and the division of the Zilla Parishad
into constituencies shall have to be made afresh before next General
Election ;

1. Substituted by The Tripura Panchayats( Second Amendment) Act,

1998, w.e.f. 15. 10. 1998.
 86

Provided that where such determination of total number of seats

including determination of seats reserved for Scheduled Castes and
Scheduled Tribes and division of the Zilla Parishad area into constituencies
is made, the rotation of the seats reserved for Scheduled Castes, Scheduled
Tribes and Women shall be made afresh in the next General Election.]

Disqualification
127. (1) A person shall not be qualified to be a member of Zilla
of members Parishad, if---------
of zilla
Parishad. (a) he is a member of any Municipality/ Notified Area
Authority constituted under any law for the being in force
;

(b) he is in services of Central or State Government ;

(c) he so disqualified by or under any law for the time being

in force for the purpose of election to the Lagislature of
the State of Tripura :

Provided that no person shall be disqualified on the ground that he is

less than 25 years of age if he has attained the age of 21 years.---------

(d) if he is so disqualified by or under any law made by

the Legislature of the State of Tripura ;

(e) if he has been dismissed from the services of the Central

or State Government or a local authority or a
cooperative society or a Government company or a
corporation under control of the Central or the State
Government for misconduct involving moral turpitude
and five years have not elapsed from the date of dismissal
;

(f) if he has been adjudged by a competent court to be of

unsound mind;

(g) if he is an undischarged insolvent ; or

(h) he has been convicted by a court for an offence

involving moral turpitude.
 87

128. (1) A member of a Zilla Parishad belonging to any political party Disqualifi-
shall be disqualified for being a member of the Zilla Parishad--------- cation on the
ground of
(a) if he has voluntarily given up his membership of such
defection
political party ; or
and decision
(b) if he votes or abstains from voting in the Zilla thereon.
Parishad contrary to any direction issued by the
political party to which he belongs or by any person or
authority authorised by it in this behalf, without obtaining
in either case, the prior written permission of such
political party, person or authority and such voting or
abstention has not been condoned by such political
party, person or authority within thirty days from the date
of such voting or abstention.

Explanation :- For the purpose of this sub-section, a member of Zilla

Parishad shall be deemed to belong to the political party, if any, by which
he was set up as candidate for election as such member.

(2) A member of a Zilla Parishad who has been elected as such

otherwise than as a candidate set up by any political party shall be disquali-
fied for being a member of the Zilla Parishad if he joins any political party
after such election.

Note :- For the purpose of this Section "political party" means a political
party which has been recognised by the Election Commission of India as a
national party or as state party of this State.

(3) If any question arises as to whether a member of a Zilla

Parishad has become subject to disqualification under this Section, the
question shall be referred for decision of the District Magistrate having
jurisdiction over such Zilla Parishad and his decision shall be final :

Provided that the proceeding under this sub-section shall be

completed and decision thereon shall be communicated within fifteen days
from the date when any such question has been referred.

(4) During pendancy of a prodceeding under sub-section (3) no

decision shall be taken by the Zilla Parishad in any meeting for the
removal or election of the Sabhadhipati and Sahakari Sabhadhipati.
 88

(5) The disqualification under sub-section (3) shall take effect

from the date of the decision of the District Magistrate.

Majority 129 (1) Notwithstanding anything contained elsewhere in this Act, at a

of members
elected at
General Election of the member of a Zilla Parishad---------
a General
Election to (a) if the election of any member from any constituency can
function not be held ; or
when
election of (b) if held, result of such election can not be published in
members the Official Gazette by reason of the order of a court or
from some
for any other reason within such time as the State
constituen-
cies can not Government considers reasonable.
be held.
the State Government may, if it thinks expedient so to do in the interest of
the administration of the Zilla Parishad concerned, by an order, direct that
such of the members of the Zilla Parishad as have been elected and are
able to assume office as members, shall forthwith assume such office :

Provided that no order shall be made under this section unless at

least two-third of the total number of members as specified for the Zilla
Parishad have been elected and are able to assume office.

(2) Upon an order under sub-section (1) being made, the names of
the members, who have been elected and as regards the publication of the
result of whose election, there is no impediment, shall be published in the
Official Gazette and such members shall assume office as members of the
newly constituted Zilla Parishad after General Election of the members of
the Zilla Parishad and shall be deemed to constitute, for the time being,
total number of members of the Zilla Parishad.

(3) Any member of the Zilla Parishad who is subsequently

elected or whose name is subsequently published in the Official Gazette
as a member, shall be entitled to assume office as such member, but his
term of office shall be deemed to have commenced from the date of the
first meeting at which a quorum is present of the members referred to in
sub-section (1).

Sabhadhipati 130. (1) The directly elected members of every Zilla Parishad shall, at
and Sahakari its first meeting at which a quorum is present, elect in the prescribed
Sabhadhipati manner, one of its directly elected members to be the Sabhadhipati and
another member to be the Sahakari Sabhadhipati of the Zilla Parishad :
 89

Provided that a member shall not be eligible for such election unless
he declares in writing that on being elected he shall be a whole time
functionary of his office and that during the period for which he holds or is
continuing to hold such office he shall not hold any office of profit and
shall not carry on or be associated with any business, profession or calling
in such manner that shall , or is likely to, interfere with due exercise of his
powers, due performance of his functions or due discharge of his duties.

(2) The meeting to be held under sub-section (1) shall be convened

by the prescribed authority in the prescribed manner.

(3) The Sabhadhipati and Sahakari Sabhadhipati, subject to the

provision of Section 135 and to their continuing as members, shall hold
office for a period of five years.

(4) On expiry of five years or on ceasing to be members,

whichever is earlier, the Sabhadhipati and the Sahakari Sabhadhipati shall
handover the charge to the prescribed authority.

(5) When---------

(a) the office of the Sabhadhipati falls vacant by reason of

death, resignation, removal or otherwise ; or

(b) the Sabhadhipati is absent by reason of leave, illness or

other cause, the Sahakari Sabhadhipati shall exercise
the powers, perform the functions and discharge the
duties of the Sabhadhipati until a new sabhadhipati is
elected and assumes office or until the Sabhadhipati
resumes his duties as the case may be.

(6) When---------

(a) the office of the Sahakari Sabhadhipati falls vacant by

reason of death, resignation, removal or otherwise ; or

(b) the Sahakari Sabhadhipati is absent by reason of leave,

illness or other cause, the Sabhadhipati shall exercise the
powers, perform the functions and discharge the duties of
the Sahakari Sabhadhipati until a new Sahakari
Sabhadhipati
 90

is elected and assumes office or until the Sahakari Sabhadhipati resumes his
duties as the case may be ;

Provided that no election shall be held if the vacancy is for a period of

less than one month under this sub-section or under sub-section (5).

(7) When the office of the Sabhadhipati and Sahakari Sabhadhipati

are both vacant or Sabhadhipati and Sahakari Sabhadhipati are temporarily
unable to act, the prescribed authority may appoint a Sabhadhipati and
Sahakari Sabhadhipati from among the members of the Zilla Parishad to act
as such until a Sabhadhipati or a Sahakari Sabhadhipati is elected and
assumes office or until the Sabhadhipati or Sahakari Sabhadhipati resumes
duties, as the case may be.

(8) The Sabhadhipati and the Sahakari Sabhadhipati of a Zilla

Parishad shall be entitled to leave of absence for such period as may be
prescribed.

Reservation.
131. (1) Seats shall be reserved in the office of the Sabhadhipati for the
Scheduled Castes and the Scheduled Tribes and the number of offices so
reserved in the State shall bear, as nearly as may be. the same proportion to
the total number of such offices as the population of the Schuduled Castes
in the State or of the Scheduled Tribes in the State bears to the total
population of the State.

1
[Provided that in the event of non-availability of any elected
member belonging to Scheduled Castes or as the case may be Scheduled
Tribes, the reservation rotation for the office of Sabhadhipati will skip to
next rotation.]

(2) Not less than one-third of the total number of offices of

Sabhadhipati in the State from each category reserved for persons
belonging to the Scheduled Castes and the Scheduled Tribes and those
which are unreserved, shall be reserved for women :

Provided that the number of offices reserved under this Section shall
be allotted by rotation to different Zilla Parishads in such manner as may
be prescribed within the State.

1. Inserted by the Tripura Panchayats( Second Amendment) Act, 1998,

w.e.f 15. 10. 1998.
 91

132. (1) Salary and allowances of the Sabhadhipati and Sahakari

Salary and
Sabhadhipati shall be such as may be prescribed.
allowances of
the Sabhadhi-
(2) Every member of the Zilla Parishad, other than Sabhadhipat and pati Sahakari
Sahakari Sabhadhipati, shall be entitled to receive such sitting fee as may Sabhadhipati
be prescribed : and members.

Provided that the members nominated and ex-officio members shall

not be entitled to receive any such sitting fee.

133. (1) The Sabhadhipati or Sahakari Sabhadhipati or a member of Zilla

Parishad may resign his office by notice in writing expressing his intention Resignation
of Sabhadhipati
to do so to the prescribed authority and, on such resignation being Sahakari
accepted, the Sabhadhipati, the Sahakari Sabhadhipati or the member, as Sabhadhipati
the case may be, shall be deemed to have vacated his office. or member.

(2) When a resignation is accepted under sub-section (1), the

prescribed authority shall communicate it to the members of the Zilla
Parishad within thirty days of such acceptance.

134. (1) The Prescribed authority may, after giving opportunity to a

member of a Zilla Parishad, other than ex-officio members, to show cause Removal of
against the action proposed to be taken against him, by order, remove him members of
Zilla Parishad.
from office---------

(a) if, after his election, he is convicted by a criminal court

for an offence involving moral turpitude ;

(b) if he has disqualified to be a member of Zilla Parishad at

the time of his election ;

(c) if he incurs any of the disqualifications as mentioned in

Section 127 after his election as a member of Zilla Parishad
; or

(d) if he is absent from three consecutive meetings of the

Zilla Parishad without leave of the Zilla Parishad
authority.

(2) Any member of a Zilla Parishad who is removed from his

office by the prescribed authority under sub-section (1) may, within thirty
days from the date of order, appeal to such authority as the State
Government may
 92

appoint in this behalf and, thereupon, the authority so appointed may stay
the operation of the order till disposal of the appeal and may, after giving
notice to the prescribed authority, and after giving the appellant an
opportunity of being heard, modify, set aside or confirm the order.

(3) The order passed by such authority on such appeal shall be final.

Removal of
Sabhadhipati
135. (1) A Sabhadhipati or a Sahakari sabhadhipati of a Zilla Parishad
and Sahakari may, at any time, be removed from his office by a resolution of the Zilla
Sabhadhipati. Parishad carried by the majority of the existing elected members of Zilla
Parishad at a meeting specially convened for this purpose. Notice of such
meeting shall be signed by not less than one fifth of the total members and
given to the prescribed authority. The meeting shall be held on a day not
later than the fifteenth day from the date of issue of notice of the meeting.
The meeting shall be prescribed over by the Sabhadhipati if the motion is
against Sahakari Sabhadhipati, and if the motion is against the
Sabhadhipati, by the Sahakari Sabhadipati, or an elected member, if it is
against both.

(2) If the motion of no confidence against Sabhadhipati or Sahakari

Sabhadhipati or both is once rejected, no fresh motion of no-confidence
against the Sabhadhipati or Shahkari Sabhadhipati or both, as the case may
be, shall be brought before the Zilla Parishad within a period of one year
Filling of from the date of such rejection of the motion.
casual
vacancies.
136. If the office of Sabhadhipati or Sahakari Sabhadhipati falls vacant or
in the event of removal of Sabhadhipati or Sahakari Sabhadhipati under
Section 135 or when vacancy occurs in the office of Sabhadhipati or
Sahakari Sabhadhipati by resignation, death or otherwise, elected members
of the Zilla Parishad shall elect another Sabhadhipati or Sahakari
Sabhadhipati in the prescribed manner.
Filling of
casual vacan-
cies in place 137. If the office of an elected member of a Zilla Parishad becomes vacant
of elected by resignation, death, removal or otherwise, the vacancy shall be filled by
members.
election in the prescribed manner.
Meeting of
Zilla Pari-
shad.
138. (1) Every Sabhadhipati or Sahakari Sabhadhipati elected under
Section 136 and every member elected under Section 137 to fill a casual
vacancy shall hold office for the unexpired portion of the term of office of
the person in whose place he is so elected.
 93

139. (1) Every Zilla Parishad shall hold meeting in its office at least once Meeting of
in every three months on such date and at such hour as the Zilla Parishad Zilla Pari-
may fix at the immediately preceeding meeting : shad.

Provided that the first meeting of a newly constituted Zilla Parishad

shall be held at such time and at such place within the local limits of the
District concerned as the prescribed authority may fix :

Provided further that the Sabhadhipati, when, required in writing by

one fifth of the members of a Zilla Parishad to call a meeting, shall do so,
fixing the date and hour of the meeting within fifteen days after giving
intimation to the prescribed authority and seven clear days' notice to the
members of the Zilla Parishad, failing which the members aforesaid may
call a meeting within thirty days after giving intimation to the prescribed
authority and seven days' notice to the Sabhadhipati and other members of
the Zilla Parishad. Such meeting shall be held at such place, or such date
and at such hour as the members calling the meeting may decide. The
prescribed authority may appoint an observer for such meeting who
shall submit to the prescribed authority a report in writing, duly signed by
him, within three days of the meeting, on the prpceeding. The prescribed
authority shall on receipt of the report take such action thereon as it may
deem fit.

(2) One-third of the total number of members of a Zilla Parishad

1
[including the ex-officio members, entitled to attend] shall form the
quorum for a meeting of the Zilla Parishad :

Provided that no quorum shall be necessary for an adjourned

meeting.

(3) The Sabhadhipati, or in his absence the Sahakari Sabhadhipati,

shall preside at the meeting of the Zilla Parishad and in the absence of
both, the members present shall elect one of them to be the president of the
meeting.

(4) All questions coming before a Zilla Parishad shall be decided

by a majority of votes 2[ and the person presiding shall have right to vote].
3
[ -------------------------------------------------------------------------]

1. Inserted by The Tripura Panchayats ( Second Amendment) Act,

1998, w.e.f. 15. 10. 1998.
2. Inserted by The Tripura Panchayats (Amendment) Act, 1994,
w.e.f 2.12.1994.
3. Deleted ibid.
 94

(5) The Chief Executive Officer and the Additional Chief

Executive Officer of a Zilla Parishad shall attend meetings of the Zilla
Parishad and shall participate in the deliberations thereof :

Provided that if for any reason the Chief Executive Officer and the
Additional Chief Executive Officer cannot attend any meeting of the Zilla
Parishad, the Chief Executive Officer shall depute an appropriate officer to
attend the meeting.

(6) Ten clear days' notice for an ordinary meeting and seven days'
notice of a special meeting, specifying the time at which such meeting is to
be held and business to be transacted thereat, shall be sent to the member
and pasted at the office of the Zilla Parishad. Such notice shall include, in
case of special meeting, any motion or proposition mentioned in the
written request made for such meeting.

140. (1) A list of business to be transacted at every meeting of the Zilla

List of
Parishad, except at adjourned meeting, shall be sent to each member of the
business to
be transacted Zilla Parishad in the manner prescribed at least seven days before the time
at a meeting. fixed for such meeting and no business shall be brought before or
transacted at any meeting other than business of which notice has been
given except with the approval of the majority of the members present at
such meeting :

Provided that if the Sabhadhipati thinks that a situation has arisen for
which an emergent meeting of the Zilla Parishad should be called, he may
call such meeting after giving three days' notice to the members :

Provided further that not more than one business shall be included in
the list of business to be transacted at such emergent meeting.

Report on 141. The Zilla Parishad shall prepare and submit annually, in the prescribed
the work of manner, a report of the work done during the previous year and the work
Zilla Pari-shad.
proposed to be done during the following year to the prescribed authority
within the prescribed time.

District Mag- 142. The District Magistrate and Collector or the Additional District
Magistrate istrate and and Collector shall attend meetings of the Zilla Parishad and shall
participate Collector to in the deliberations thereof.
attend meeting.
 95

CHAPTER II
Powers, Functions and Duties of Zilla Parishad

143. (1) Subject to any general or special direction of the State Government, Function of
it shall be the function of a Zilla Parishad to prepare plans for economic Zilla Parishad.
development and social justice of the District, and to ensure the co-
ordinated implementation of such plans in respect of matters including
those enumerated below --------

(A) Agriculture.

(1) Promotion of measures to increase agriculture production and

to popularise the use of improved agriculture implements and the adoption
of improved agriculture practices.

(2) Assisting in opening and maintenance of agriculture seed

farms and commercial farms.

(3) Assisting in establishment and maintenance of godowns.

(4) Conducting agricultural fairs and exibitions.

(5) Training of farmers.

(6) Land improvement and soil conservation.

(B) Irrigation, ground water resources and watershed development.

(1) Assisting in construction, renovation and maintenance of

minor irrigation works and lift irrigation.

(2) Providing for the timely and equitable distribution and full use
of water under irrigation schemes under the control of Zilla Parishad.

(3) Development of ground water resources.

(4) Assisting in installation of community pump sets.

(5) Watershed development programme.

 96

(C) Horticulture.

(1) Rural parks and gardens.

(2) Cultivation of fruits and vegetables.

(3) Farms.

(D) Statistics.

(1) Publication of statistical and other information relating to

activities of Panchayat Samitis and Zilla Parishad.

(2) Co-ordination and use of statistics and other information

required for the activities of the Panchayat Samitis and Zilla Parishad.

(3) Periodical supervision and evaluation of projects and

programmes entrusted to the Panchayat Samitis and Zilla Parishad.

(E) Rural electrification.

(F) Assisting in distribution of essential commodities.

(G) Soil conservation.

(1) Soil conservation measures.

(2) Land reclamation and land development works ;

(H) Marketing.

(1) Assisting in development of regulated markets and marketing

yards.

(2) Grading and quality control of agricultural products.

(I) Social forestry.

(1) Organise campaign for tree planting.

(2) Planting and maintenance of trees.

 97

(J) Animal husbandry and dairying.

(1) Assisting in establishment of veterinary hospitals and dispensaries.

(2) Assisting in setting up of mobile diagnostic and clinical laboratories.

(3) Assisting in establishment and maintenance of breeding farms

for cows and pigs.

(4) Assisting in establishment and maintenance of poultry farms ,

duck farms and goat farms.

(5) Assisting in establishment and maintenance of common cold

storage facility for dairy, poultry and fishery products.

(6) Assisting in fodder development programmes.

(7) Promotion of dairy, farming, poultry and piggery.

(8) Prevention of epidemics and contagious diseases.

(K) Minor forest produce and fuel and fodder.

(1) Promotion of social and farms forestry, fuel plantation and

fodder development.

(2) Management of minor forest produce of the forests raised in

community lands.

(3) Development of wasteland.

(L) Fisheries.

(1) Assisting in fish seed production and distribution.

(2) Development of pisiculture in private and community tanks.

(3) Devlopment of inland fisheries.

(4) Fish curing and drying.

 98

(5) Assistance to traditional fishing.

(6) Organising fish marketing co-operatives.

(7) Welfare schemes for the uplift and development of fishermen.

(M) Household and small scale industries( including food processing).

(1) Identification of traditional skills in the locality and developing

household industries.

(2) Assesment of raw material requirement so as to ensure timely

supply.

(3) Design and production to suit the changing consumer demand.

(4) Organisation of training programme for craftsmen and artisan.

(5) Liaison to tap bank credit for this programme.

(6) Popularising and marketing of finished products.

(7) Industrial estates.

(8) Organisation of khadi, handloom, handicraft and village and

cottage Industries.

(N) Rural roads and building.

(1) Construction and maintenance of roads other than National and

State Highways.

(2) Bridges and culverts coming under roads other than National
and State Highways.

(3) Construction and maintenance of office building of Zilla Parishad.

(4) Identification of major link roads connection markets,

educational institutions and health centres.
 99

(5) Organising voluntary surrender of lands for new roads and for
widening of existing roads.

(O) Health and hygiene.

(1) Assisting in establishment and maintenance of hospitals,

primary health centres and dispensaries except medical college hospitals,
T.B. sanitoriums, leprosy hospitals and mental hospitals.

(2) Implementation of immunisation and vaccination programme.

(3) Health education activites.

(4) Maternity and child health activities.

(5) Family welfare activities.

(6) Organisation health camps with Panchayat Samiti and Gram

Panchayat.

(7) Measures against environment pollution.

(P) Rural housing.

(1) Identification of houseless families.

(2) Implementation of house building programmes in the district.

(3) Popularising low cost housing.

(Q) Education.

(1) Promotion of educational activies including establishment and

maintenance of primary and secondary schools.

(2) Planning of programmes for adult education and library facilities.

(3) Extention work for propagation of science and technology in

rural areas.
 100

(4) Survey and evaluation of educational activities.

(5) Establishment and maintenance of general hostels, ashram

schools and orphanages.

(R) Social welfare and welfare of weaker sections.

(1) Extension of educational facilities to the Scheduled Castes, the

Scheduled Tribes and the Backward Classes by giving scholarships, stipends,
boarding grants and other grants for the purchase of books and other
accessories.

(2) Managing hotels for the benefit of the Scheduled Castes and
the Scheduled Tribes.

(3) Organising nursery schools, balawadis, night schools and

libraries to eradicate illiteracy and impart general education.

(4) Conduct of model welfare centres and craft centres to train the
Scheduled Castes and the Scheduled Tribes in cottage and rural industries.

(5) Managing residential basic schools for the Scheduled Castes

and the Scheduled Tribes.

(6) Providing facilities for marketing of goods produced by

members of the Scheduled Castes and the Scheduled Tribes.

(7) Organising co-operative societies of the Scheduled Castes and

the Scheduled Tribes.

(8) Other welfare schemes for the uplift and development of the
Scheduled Castes and the Schduled Tribes.

(S) Poverty allevation programmes.

Planning, supervision, monitoring and implementaion of poverty

allevation progammes.

(T) Social reform activities.

(1) Women's organisation and welfare.

 101

(2) Children's organisation and welfare.

(3) Local vagrancy relief.

(4) Maintenance of social welfare institutions such as poor home,

orphanages, rescue shelters, etc.

(5) Assisting in sanctioning and distribution of pension for

widows, old and physicallly disabled destitutes and allowances for
unemployed and couples of inter-caste marriages in which one party is a
member of a Scheduled Caste or a Scheduled Tribe.

(6) Campaign against superstition, casteism, untouchability,

alcoholism, expensive marriages and social functions, dowry and conspicuous
consumption.

(7) Encouraging community marriages and inter-caste marriages.

(8) Vigilance against economic offences such as smuggling, tax

evasion, food adluteration, etc.

(9) Assistance for developing lands assigned to landless labourers.

(10) Assisting in resumption of land alienated by tribals.

(11) Identify, free and rehabilitate bonded labour.

(12) Organise culture and recreational activities.

(13) Encouragement of sports and games and construction of rural stadia.

(14) Give new form and social content to traditional festivals.

(15) Verification of weights and measures in shopping establishments.

(16) Promotion of thrift and savings through--------

(a) promotion of saving habits ;

(b) small savings campaign ; and

 102

(c) fight against spurious money lending practices and rural

indebtedness.

(2) In addition, the Zilla Parishad may--------

(a) manage or maintain any work of public utility or any

institution vested in it or under its control and
management;

(b) acquire and maintain village huts and markets ;

(c) make grants to Panchayat Samiti or Gram Panachayat ;

(d) adopt measures for the relief of distress ;

(e) co-ordinate and integrate the development plans and

schemes prepared by Panchayat Samitis in the District ;

(f) examine and sanction the budget estimates of Panchayat

Samiti or Panchayat Samitis in the District ;

(g) undertake or execute any scheme extending to more than

one Block ; and

(h) take over the maintenance and control of any rural

bridge, tank, ghat, well, channel or drain belonging to a
private owner or any other authority on such terms as
may be agreed upon.

(3) The Zilla Parishad may be vested by the State Government

with such powers under any Act as the Government may deem fit.

(4) The Zilla Parishads of two or more adjacent Districts may jointly
undertake and execute any development scheme on such terms and
conditions as may be mutually agreed upon.

General
powers
144. (1) Subject to the general or special orders of the State
of Zilla Government, Zilla Parishad may--------
Parishad.
(a) incur expenditure on education or medical relief ; or
 103

(b) provide for carrying out any work or measures likely to

promote health, safety, education, Comfort convenience,
or social or economic comfort or cultural well-being of
the inhabitants of District.

(2) Zilla Parishad shall have powers to do all acts necessary for or
incidental to the carrying out of the functions entrusted or delegated to it
and in particular, and without prejudice to forgoing powers, to exercise all
powers specified under this Act.

145. (1) The Government may assign to Zilla Parishad functions in Assignment
relation to any matters to which the executive authority of the Government of functions.
extends or in respect of functions which have been assigned to the State
Government by the Central Government.

(2) The Government may, by notification, withdraw or modify the

functions assigned under this section.

146. Zilla Parishad may, by notification, delegate to Chief Executive Delegation of

Officer or any other officer any of the powers conferred by or under this powers.
Act on Zilla Parishad.

147. The State Government may, from time to time, with the consent of State
Zilla Parishad place any road, bridge, ferry, channel, building and other Government
properties vested in the State Government and situated within the District may place
under the control or management of Zilla Parishad subject to such properties on
conditions as it may specify : Zilla
Parishad.
Provided that the State Government may, after considering in the
views of Zilla Parishad, withdraw such control and management subject to
such condition as it may specify.

148. A Zilla Parishad may transfer to the State Government, the Commis- Power of Zilla
sioners of a Municipality, a Panchayat Samiti or a Gram Panchayat any Parishad to
road or part of a road or any other property which is under its control or transfer roads
to the State
management or which is vested in it, on such terms and conditions as may Government
be agreed upon. or Panchayat
Samiti.
149. (1) Zilla Parishad may be vested by the State Government with such Vesting of
powers under any local or special Act as the State Government may Zilla Parishad
thinkfit. with certain
powers.
 104

(2) Zilla Parishad shall perform such functions as may be

transferred to it by notification under Section 31 of the Cattle Tresspass
Act,1871.

(3) Zilla Parishad shall exercise such other powers, perform such
other functions or discharge such other duties as the State Government may,
by general or special order, direct.

Power of
su p e rv i s i o n
150. (1) Zilla Parishad shall exercise general power or supervision over
over Panchayat the Panchayat Samitis and Gram Panchayats in the District and it shall be
Samiti and the duty of these authorities to give effect to any directions of Zilla
Gram Pan- Parishad.
chayat.
(2) ZIlla Parishad may ------

(a) inspect, or cause to be inspected, any immovable

property used or occupied by a Panchayat Samiti under it
or any work in progress under the direction of the
Panchayat Samiti ;

(b) inspect, or examine or depute an officer to inspect, or

examine, any department of a Panchayat Samiti or any
services, work or thing under the control of the Panchayat
Samiti.

(c) inspect, or cause to be inspected, utilisations or functions

in respect of schemes or programmes assigned to a
Panchayat Samiti by the State Government for execution
either directly or through Zilla Parishad ; and

(d) require a Panchayat Samiti, for the purpose of inspection

or examination, to produce any books, records,
correspondence and other documents.

(3) Zilla Parishad may call for meetings of Panchayat Samiti or any
of its Standing Committees or of Gram Panchayat in its jurisdiction if no
Powers, fun- meeting of such Panchayat Samiti or Standing Committee or Gram
ctions and
duties of Panchayat is held in accordance with the provision of this Act or the rules
Sabhadhipati made thereunder ,
and
Sahakari 151. (1) The Sabhadhipati shall -----
Sabhadhipati.
(a) be responsible for the maintenance of the records of the
Zilla Parishad ;
 105

(b) have general responsibility for the financial and

exective administration of the Zilla Parishad ;

(c) exercise administrative supervision over all officers and

other employees of the Zilla Parishad and the officers
and employees whose services may be placed at the
disposal of the Zilla Parishad by the State Goverment ;

(d) for the transaction of business connected with this Act or

for the purpose of making any order authorised thereby,
exercise such powers, perform such functions and
discharge such duties as may be exercised, performed or
discharged by the Zilla Parishad under this Act or the
rules made there under :

Provided that the Sabhadhipati shall not exercise such powers,

perform such functions or discharge such duties as may be required by the
rules made under this Act to be exercised, performed or discharged by the
Zilla Parishad at a meeting ; and

(e) exercise such there powers, perform such other functions

and discharge such other duties as the Zilla Parishad
may, by general or special resolution,direct or as the
State Government may, by rules made in this behalf,
prescribe.

(2) The Sahakari Sabbhadhipati shall----

----

(a) exercise such of the powers, perform such of the functions

and discharge such of the duties of the Sabhadhipati as the
Sabhadhipati may from time to time, subject to rules made
in this behalf by the State Government, delegate to him by
order in writing :

Provided that the Sabhadhipati may at any time withdraw the powers
and functions delegated to the Sahakatri Sabhadhipati ;

(b) during the absence of the Sabhadhipati exercise the

powers and functions and discharge all the duties of the
Sabhadhipati ; and

(c) exercise such other powers, perform such other functions, and
 106

discharge such other duties as the Zilla Parishad may, by general or special
resolution, direct or as the State Government may, by rules made in this
behalf, prescribe.

CHAPTER III
Standing Committees of Zilla Parishad.

Standing
Committees.
152. (1) Zilla Parishad shall have the following Standing Committees namely :-

(a) Finance, Audit, and Planning Committee ;

(b) Education, Environment, Culture, Health and Sports Affairs ;

(c) Communication, Rural Electrification and Non Conventional

Energy ;

(d) Industries including Cottage Industries and Sericulture ;

(e) Social Justice Committee ;

(f) Agriculture, Food, Irrigation, Co-operation, Fishery, and

Animal Husbandry ;

(g) Poverty Allevation Programme, Social and Farm Forestry,

Rural Housing and Drinking Water and ;

(h) Such other Standing Committee or Committees as the

Zilla Parishad may, subject to the approval of the State
Government, constitute.

(2) A Standing Committee shall consist of the following members

namely-----

(a) the Sabhadhipati and the Sahakari Sabhadhipati, ex-officio ;

(b) not less than 5 and not more 7 persons to be elected in the
prescribed manner by the members of the Zilla Parishad
from among themselves ;

(c) Chief Executive Officer/Additional Chief Executive

Officer ex-officio ; and
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(d) such number of persons, being officers of the State

Government or any statutory body or corporation or being
eminent persons having specialised knowledge, as the
State Government may think fit, appointed by the Sate
Government:

Provided that such officers and Chief Executive Officer/Additional

Chief Executive Officer shall not be eligible for election as the President or
Vice President and shall not have any right to vote.

(3) No member of a Zilla Parishad other than the Sabhadhipati and

the Sahakari Sabhadhipati shall be eligible to serve on more than two
Standing Committees.

(4) An elected member of the Standing Committee shall hold office

for a period of five years or for so long as he continues to be a member of
Zilla Parishad, whichever is earlier.

(5) The meeting of the Standing Committee shall be held in the

office of the Zilla Parishad at such time and in such manner as may be
prescribed.

(6) The State Government may make rules providing for the removal
of members of a Standing Committee excluding the president and for filling
up of causal vacancy.

153. (1) The Finance Audit and Planning Committe shall perform the Functions of
functions relating to ------ Standing
Committees.
(a) establishment matters, the Finances of the Zilla
Parishad, framing of budget, scrutinising proposals for
increase of revenue, examination of receipt and
expenditure statements, consideration of all proposals
affecting the finances of the Zilla Parishad and general
supervision of the revenue and expenditure of the Zilla
Parishad ; and

(b) the plan priorities, allocation of outlays to development

programmes horizontal and vertical linkages,
implementation of guidelines issued by the Government,
regular review of planning programme, evaluation of
important programmes and small saving schemes.
 (2) The Education, Environment and Health Committee shall
perform the following functions ------

(a) be incharge of all educational, environmental and sports

activities of the Zilla Parishad ;

(b) undertake the planning of education in the District within

the framework of the national policy and the national and
state plan;

(c) survey and evaluate the educational activities of the Zilla Parishad ;

(d) perform such other duties pertaining to education, adult

literacy and cultural activities as the Zilla Parishad may
assign to it ; and

(e) health services, hospitals, family welfare and other allied

matters.

(3) The Communication, Rural Electrification and Non

Conventional Energy Standing Committee shall perform functions relating to
communication, buildings, non conventional energy, rural electrification and
allied matters.

(4) The Agriculture Committee shall perform functions relating to----

(a) agricultural production, animal husbandry, fisheries,

contour binding and reclamation of land, food and co-
operation;

(5) Industries Committee shall perform functions relating to----

(a) village and cottage industries;

(b) promotion of industrial development of the District ;

(c) promotion of sericulture ; and

(d) promotion of handloom and handicrafts.

(6) The Social Justice Committee shall perform functions relating to----

(a) promotion of education, economic, social, culture and

other interests of the Scheduled Castes and the Scheduled
Tribes and the Backward Classes,
 109

(b) protecting them from social injustice and all other forms
of exploitation.

(c) amelioration of the condition of the Scheduled Castes

and the Scheduled Tribes and the Backward Classes ,
and

(d) securing social justice to the Scheduled Castes and the

Scheduled Tribes, women and other weaker sections of
the society.

(7) Poverty Alleviation Committee shall perform functions relating

to promotion of rural water supply, sanitation, rural employment, other
poverty alleviation programmes, rural housing, social forestry and farm
forestry.

(8) The Standing Committees shall perform the functions referred

to above to the extent the powers are delegated to them by the Zilla
Parishad.

(9) The Committee shall perform, in respect of matters assigned to

them, such additional duties as may be prescribed.

President and
Secretary.
154. (1) The members of a Standing Committee shall elect, in such
manner as may be prescribed, a chairman to be called President, from among
themselves :

Provided that the Sabhadhipati shall be the ex-officio President of the

FInance, Audit and Planning Committee.

(2) The Secretary of the Zilla Parished shall act as the Secretary to
all Standing Committees ;

Provided that a Standing Committee may select, in such manner as

determined by the President, one of the members referred to in clause (d)
of sub-section(2) of section 152 to act as the Secretary to such Standing
Committee only.

(3) The Secretary to each Standing Committee shall, in

consultation with the President, convene the meeting of that Standing
Committee.

(4) The President shall be paid out of the Zilla Parishad fund such
sitting fees, and shall be entitled to leave of absence for such period or
periods, and on such term and conditions, as the State Government may, by
order direct or may, by rules, made in this behalf, prescribe.
 110

(5) Notwithstanding anything contained in this Act, the State

Government may, by an order in writing, remove the President from his
office if, in its opinion, he holds any office of profit or carries on or is
associated with any business, profession or calling in such manner that
shall, or is likely to, interfere with the exercise of his powers, due
performance of his functions or due discharge of his duties ;

Provided that the State Government shall, before making any such
order, give the person concerned an opportunity of making representation
against the proposed order.

155. The President or any member of the Standing Committee may resign Resignation.
his office by giving notice in writing to the Sabhadhipati and, on such
resignation being accepted by the Zilla Parishad, the President or such
member shall be deemed to have vacated his office.

CHAPTER IV
Executive Committee of Zilla Parishad

156. (1) There shall be an Executive Committee for every Zilla Parishad Execu ti ve
consisting of the Sabhadhipati and the Sahakari Sabhadhipati and Presidents of Committee.
all Standing Committees, the Chief Executive Officer and the Additional
Chief Executive Officer of the Zilla Parishad.

(2) The Secretary of the Zilla Parishad shall be the Secretary to the
Executive Committee.

(3) The meeting of the Executive Committee shall be held at least

once in two months in the office of the Zilla Parishad in such manner as may
be prescribed.

(4) The Executive Committee shall be responsible for co-ordinating

the functions between the Standing Committees and the Zilla Parishad and
among the different Standing Committees of the Zilla Parishad and for
monitoring of activities of the Panchayat Samitis in respect of the schemes ,
funds or which are allotted by the Zilla Parishad to the Panchayat Samitis for
execution of such scheme.

(5) The Executive Committee shall exercise such other powers,

perform such other functions and discharge such other duties as may be
prescribed or as may be assigned to it by the Zilla Parishad at a meeting.
 111

CHAPTER V
Staff of Zilla Parishad

Staff of Zilla
Parishad.
157. (1) There shall be a Chief Executive Officer, who shall be the District
Magistrate, for every Zilla Parishad appointed by the State Government on
such terms and conditions as may be prescribed.

Provided that any person so appointed shall be recalled by the State

Government if a resolultion to that effect is passed by the Zilla Parishad, at
a meeting specially convened for the purpose, by two -third majority of the
total number of members holding office for the time being.

(2) The State Government may appoint an Additional Chief

Executive Officer not below the rank of Additional District Magistrate for a
Zilla Parishad on such terms and conditions as may be prescribed :

Provided that any person so appointed shall be recalled by the State

Government if a resolution to that effect is passed by the Zilla Parished at a
meeting specially convened for the purpose , by a majority of the total number
of members holding office for the time being.

(3) The Additional Chief Executive Officer shall , subject to the

provision of this Act, exercise such powers, perform such functions and
discharge such duties, of the Chief Executive Officer as the State
Government may, from time to time direct.

(4) The State Government may appoint a Secretary, not below the
rank of Senior Deputy Magistrate, for a Zilla Parishad on such terms and
conditions as may be Prescribed.

(5) Subject to such rules as may be made by the State Government,

a Zilla Parishad may appoint such other officers and employees as may be
required by it, and may fix the salaries to be paid to the persons so
appointed :

Provided that no post shall be created or abolished and no revision of

scale of pay of any post shall be made by the Zilla Parishad without the prior
approval of the State Government.

(6) The State Government shall make rules relating to the method
of recruitment and the terms and conditions of service, including the pay
and allowances, super-annuation provident fund, and gratuity of the
employees of the Zilla Parishad.
 112

158. The State Government may place at the disposal of Zilla Parishad, Placing the
services of such officers or other employees serving under it and on such services of
terms and conditions as it may think fit : 1[ and all such Officers and State Govern-
employees shall comply with instructions as may be issued in this respect ment officers
from time to time]. at disposal of
Zilla Pari-shad.

Provided that any such officer or employee shall be recalled by the

State Government if a resolution to that effect is passed by the Zilla
Parishad,
, at a meeting specially convened for the purpose, by a majority of the total
number of members holding for the time being. Disciplinary
power of the
159. The State Government shall have disciplinary control over the Chief State Govt.
Executive Officer, the Additional Chief Executive Officer, Secretary and
officers and employees whose services are placed at the disposal of the
Zilla Parishad under section 158. Control and
punishment
160. (1) The Chief Executive Officer shall exercise control over all of the Staff
officers and other employees of the Zilla Parishad. of Zilla Pari-
shad.

(2) The Chief Executive Officer may award any punishment, other
than dismissal, removal or reduction in rank to an officer or employee of
the Zilla Parishad in the prescribed manner.

(3) No officer or other employee of the Zilla Parishad shall be

dismissed, removed or reduced in rank by the Zilla Parishad except by
resolution of the Zilla Parishad passed at a meeting after following the
prescribed procedure.
Appeal.
161. (1) An appeal shall lie to the Zilla Parishad against an order of
punishment awarded by the Chief Executive Officer under sub-section (2)
of Section 160 within one month from the date of the order.

(2) An appeal shall lie to the State Government against an order of

punishment awarded by the Zilla Parishad under sub-section (3) of Section
160 within one month from the date of that order.
Exercise of
162. (1) Subject to the provisions of this Act, and rules framed thereunder powers, etc.
and to any general or special directions given by the State Government in
that
by the officers
1. Inserted by The Tripura Panchayats ( Second Amendment) and employees.
Act,1998, w.e.f. 15. 10. 1998.
 113

behalf, the officers and other employees employed by the Zilla Parishad
and the officers and other employees whose services have been placed at
the disposal of the Zilla Parishad shall exercise such powers, perform such
function and discharge such duties, as the Zilla Parishad may detertmine.

CHAPTER VI
Property and Fund of Zilla Parishad

Power to
acquire,
163. A Zilla Parishad shall have the power to acquire, hold and dispose of
hold and any property and to enter into contracts :
dispose of
property. Provided that in all cases of acquisition or disposal of immovable
property, the Zilla Parishad shall obtain the previous approval of the State
Government.
Works con-
tructed by a
Zilla Pari- 164. All roads, buildings or other works constructed by the Zilla Parishad
shad to vest
in it.
with its own funds shall vest in it.
All ocation
of properties 165. The State Government may allocate to a Zilla Parishad any public
to Zilla
Parishad.
property situated within its jurisdiction, and thereupon, such property shall
vest in and come under the control of the Zilla Parishad.
Acquisition
of land
for Zilla 166. Where a Zilla Parishad requires land to carry out any of the purposes
Parishad. of this Act, it may negotiate with any person or persons having interest in
the said and, and if it fails to reach an agreement it may make an
application to the District Magistrate and collector who may, if he is
satisfied that the land is required for a public purpose, takes steps to
acquire the land under the provisions of the Land Acquisition Act and such
land shall, on acquisition, vest in the Zilla Parishad.
Zilla Pari-
shad Fund.
167. (1) For every Zilla Parishad there shall be constituted a Zilla
Parishad Fund bearing the name of the Zilla Parishad and there shall be
placed to the credit thereof ----

(a) contribution and grants, if any , made by the Central or

the State Government including such parts land
revenue collector in the State as determined by the State
Government;

(b) contribution and grant, if any , made by Panchayat Samiti

or any other local authority ;
 114

(c) loans, if any granted by the central or State Government

or raised by the Zilla Parishad on security of its assests
with the permission of the State Government ;

(d) the proceeds of road cess and public works cess levied in
the District ;

(e) all receipts on account of tolls, taxes, rates and fees

levied by the Zilla Parishad ;

(f) all receipts in respect of any schools, hospitals,

dispensaries, buildings, institutions, or works, vested in,
constructed by, or placed under the control and
management of, the Zilla Prishad ;

(g) all sums received as gift or contribution and all income

from any trust or endowment made in favour of the
Zilla Parishad ;

(h) such fines or penalties imposed and realised under the

provisions of this Act or of the bye-laws made
thereunder, as may be prescribed ; and

(i) all other sums received by or on behalf of Zilla Parishad.

(2) Every Zilla Parishad shall set apart and apply annually such
sum as may be required to meet the cost of its own administration
including the payment of salaries and allowances, provident fund and
gratuity of the officers and employees. The overall expenditure on
establishment shall not exceed one third of the total expenditure.

(3) Every Zilla Parishad shall have the power to spend such sums
as it thinks fit for carrying out the purposes of this Act.

(4) The Zilla Parishad Fund shall be vested in the Zilla Parishad and
the amount standing to the credit of the Fund shall be kept in such custody
or invested in such manner as the State Government may, from time to time,
direct.

(5) Subject to such general control as the Zilla Parishad may

exercise, from time to time, all orders and cheques for payment from the
Zilla
 115

Parishad Fund shall be signed by the Chief Executive Officer or, if

authorised by the Chief Executive Officer, by the Additional Chief
Executive Officer or the Secretary.

Levy of tolls,
fees and
168. (1) Subject to such maximum rates as the State Government may
rate. prescribe ,a Zilla Parishad may-----

(a) levy tolls on persons, vehicles or animals or any class of

them at any toll bar established by it on any road other
than a kutcha road or any bridge vested in it or under
its management ;

(b) levy tolls in respect of any ferry established by it or

under its management ; and

(c) levy the following fees and rates, namely ----

(i) fees on the registration of boats or vehicles ;

(ii) a fee for providing sanitary arrangements at such

places of worship or pilgrimage, fairs and melas
within its jurisdiction as may be specified by the
Government by notification ;

(iii) a fee for licence for fair or mela ;

(iv) a lighting rate where arrangement for the supply

of water for drinking, irrigation or any other
purpose is made by the Zilla Parishad within its
jurisdiction.

(v) water rate, where arrangement for the supply of

water for drinking, irrigation or any other purpose is
made by the Zilla Parishad within its
jurisdiction.

(2) The Zilla Parishad shall not undertake registration of any vehicle
or levy fee therefor and shall not provide sanitary arrangements at places of
worship or pilgrimage, fairs and melas within its jurisdiction or levy fee
therefor, if such vehicle has already been registered by any other authority
under any law for the time being in force or if such provision for sanitary
arrangement has already been made by any other local authority.
 116

(3) The scales of tolls, fees or rates and the terms and conditions for
the imposition thereof shall be such as may be provided by regulations.
Such regulations may provide for exemption from all or any of the tolls
fees or rates in any class of cases.

169. All dues on account of rates, tolls or fees payable to a Zilla Parishad Recovery of
under this Act shall be recoverable as arrears of land revenue. tolls, rates or
fe es as
arrears of
170. (1) The State Government may remit the whole or part of any land revenue.
Remission
rate, toll or fee levied by a Zilla Parishad in respect of any period after the or revision
commencement of this Act. of tolls, rates
or fees.
(2) The power exercisable by the State Government under sub-
section (1) shall also be exercisable, either generally or in any specified
area, by the prescribed authority under such circumstaances as the State
Government may prescribe.

(3) A Zilla Parishad may, by resolution and under such

circumstances as may be prescribed, remit the whole or part of any such
rate, toll or fee levied by it provided that no such resolution shall take
effect unless it is approved by the prescribed authority.

(4) Where any rate, toll or fee has been remitted under this
Section, any sum on account of rate, toll or fee,as remitted, shall be
refunded to him by the Zilla Parishad.

171. A Zilla Parishad may, subject to the provisions of any law relating to Zilla Parishad
the raising of loans by local authorities for the time being in force, raise may raise loan
from time to time, with the approval of the State Government, loans for the and create a
purposes of this Act and create a sinking fund for the repayment of such sinking fund.
loans.
Zilla Parishad
172. Notwithstanding anything contained in Section 171, a Zilla Parishad may borrow
may borrow money from the State Government or, with the previous money.
sanction of the State Government, from the Central Government or banks
or other financial institutions, for furtherance of its objectives on the basis
of specific schemes as may be drawn up by the Zilla Parishad for the
purpose.
Budget of
the Zilla
173. (1) Every Zilla Parishad shall , at such time and in such manner as Parishad.
may be prescribed, prepare in each year a budget of its estimated receipts
and disbursements for the following year and submit it to the State Govt.
 117

(2) The State Government may, within such time as may be

prescribed, either approve the budget or return it to the Zilla Parishad for such
modifications as it may direct and no such modifications being made the
budget shall be re-submitted within such time as may be prescribed for
approval of the State Government. If the approval of the State Government
is not received by the Zilla Parishad, within two months, or the last day of
the year, whichever is earlier, the budget shall be deemed to be approved
by the State Government.

(3) No expenditure shall be incurred unless the budget is approved

by the State Government except in the prescribed manner.

Supplemen-
tary budget. 174. The Zilla Parishad may prepare in each year a supplementary
estimate providing for any modification of its budget and may submit it to
the State Government for approval within such time and in such manner as
may be prescribed.
Accounts.
175. A Zilla Parishad shall keep such accounts in such manner as may be
prescribed.

PART V
MISCELLANEOUS

CHAPTER I
Election to Gram Panchayat, panchayat Samiti and Zilla Parishad
Election 176 (1) There shall be a State Panchayat Election Commission constituted
Commission.
by the Governor for superintendence, direction and control of the
preparation of electoral rolls and for the conduct of all elections to the
Panchayat bodies in this State under this Act and rules made thereunder.
The Commission shall consist of a State Election Commissioner to be
appointed by the
Governor.

(2) The conditions of service and tenure of the office of the

Election Commissioner shall be such as the Governor may by rule
determine :

Provided that the State Election Commissioner shall not be removed

from his office except in like manner and on like grounds as a judge of the
High Court and the conditions of service of the State Election
Commissioner shall not be varied to his disadvantage after his
appointment.
 118

(3) The State Government shall, when so requested by the State

ELection Commissioner, make available to the State Election
Commissioner such staff as may be necessary for the discharge of the
functions conferred on the State Election Commissioner under this Act.

(4) State Government may appoint a District Election Officer and

Sub-Divisional Election Officer, who shall, subject to the superintendence
and control of the State Election Commissioner, co-ordinate and supervise
works in the District and Sub-Division in connection with the conduct of
election.

(5) (a) The State Election Commissioner shall, in consultation with Appointment
the State Governemt, appoint an officer of the State of electoral
Government to be the Electoral Registration Officer Rgistration
and one or more persons as Assistnat Electoral Office/Assist.
Electoral
Registration Officers for each constituency ;
Registration
Officer.
Provided that nothing in this Section shall prevent the State Election
Commissioner to appoint the same person to be the Electoral Registration
Officer for more than one constituency in one or more Grams.

(b) The electoral roll for each constituency shall be prepared

and revised by the Electoral Registration Officer
appointed under clause (a).

(c) An Electoral Registration officer may, subject to such

rules as may be prescribed, employ such persons as he
thinks fit for the preparation and revision of the electoral
roll for the constituency.

(6) The State Election Commissioner shall appoint a Returning

Officer, who shall be an officer of the State Government, for holding
election to a constituency of a Zilla Parishad, a Panchayat Samiti or a Gram
Panchayat.

(7) The State Election Commissioner may appoint one or more

Assistant Returning Officer who shall be an officer of State Government to
assist the Returning Officer in the performance of his functions. Every
Assistant Returning Officer shall, subject to the control of the Returning
Officer, be competent to perform all or any of the functions of the
Returning Officer :
 119

Provided that no Assistant Returning Officer shall perform any of the

functions of the Returning officer which relate to the scrutiny of
nominations unless the Returning Officer is unavoidably prevented from
performing the said functions.

(8) The Returning Officer shall appoint Presiding Officers and

Polling Officers for holding the elections or bye-elections referred in
sub-section (6) but he shall not appoint any person who has been employed
by
, or on behalf of, or has been otherwise working for, a candidate in or about
the election.

(9) The powers, functions and duties of Returning Officers,

Presiding Officers, and Pollining Officers and the procedure for holding
elections including the declaration of results shall be such as may be
prescribed.

(10) At every election where poll is taken, votes shall be counted by

or under the supervision and direction of the Returning Officer in such
manner as may be prescribed.

Electoralroll 177. For each constituency, there shall be an electoral roll showing the
for election
of members names of the persons qualified to vote.The electoral roll shall be prepared
of Gram in accordance with the provisions of this Act and the rules made
Panchayat, thereunder.
Panchayat
Samiti and
Zilla Parishad.
Disqualifi-
cation for 178. (1) A person shall be disqualified for registration in an electoral roll
registration if he ------------
in electoral
roll.
(a) is not a citizen of India ;

(b) is of unsound mind and has been so declared by a

competent court ; or

(c) is for the time being disqualified from voting under the
provisions of this Act or any other law relating to corrupt
practices and other offences in connection with election.

(2) The name of any person, who in the opinion of Electoral

Registration Officer, becomes so disqualified after registration shall
forthwith be struck off from the electoral roll in which it is included :
 120

Provided that the name of any person struck off from the electoral
roll by reason of a disqualification under clause (c) of sub-section (1)
shall forthwith be restored if such disqualification is, during the period
such roll is in force, removed under any law authorising such removal.

179. A person registered in the electoral roll for a constituency relating No person to
to a Gram Panchayat, Panchayat Samiti or Zilla Parishad area shall not be registered
be entitled to be registered in the electoral roll for a constituency relating in the electoral
to any other Gram Panchayat, Panchayat Samiti or Zilla Parishad area or roll relating to
more than
in the electoral roll for any Municipality or Notified Area Authority one local
established or constituted under any law for the time being in force. authority.

180. (1) No person shall be entitled to be registered in the electoral roll No person to
for more than one constituency. be registered
more than once
(2) No person shall be entitled to be registered in the electoral roll in any consti-
tuency.
for any constituency more than once.

181. Subject to the provisions of Sections 177,178,179 and 180 every Conditions of
person who ----- registration.

(a) is not less that 18 years of age on the qualifying date ;

and

(b) is ordinarily resident in a constituency, shall be entitled

to be registered in the electoral roll for that
constituency. Meaning of
o r dinarily
182. (1) A person shall not be deemed to be ordinarily resident in a resident.
constituency on the ground only that he owns, or is in possession of, a
dwelling house therein.

(2) A person absenting himself temporarily from his place of

ordinary residence shall not, by reason thereof, cease to be ordinarily
resident therein.

(3) A member of the Parliament or of the Legislative Assembly

of the State absenting himself from his place of ordinary residence in
connection with his duties as such member shall not during the term of
his office cease to be ordinarly resident therein merely by reason of his
absence from that constituency.
 121

(4) A person who is a patient in any establishment maintained

wholly or mainly for the reception and treatment of persons suffering from
mental illness or mental defectiveness , or who is detained in prison or
other legal custody at any place shall not, by reason thereof, be deemed to
be ordinarly resident therein.

(5) If in any case a question arises as to where a person is

ordinarily resident at any relevant time, the question shall be determined
with reference to all the facts of the case by the Electoral Registration
Officer.

Preparation,
revision and
183. (1) The electoral roll for each constituency shall be prepared by the
correction of Electoral Registration Officer in the prescribed manner with reference to
electoral the qualifying date and shall come into force immediately upon its final
rolls. publication in accordance with the rules made under this Act.

(2) The said electoral roll may, if necessary, be divided into

convenient parts which shall be numbered consecutively.

(3) The said electoral roll shall, unless otherwise directed by the
State Government for reasons to be recorded in writing, be revised in the
prescribed manner with reference to the qualifying date -------

(i) before each General Election of the members of a

Gram Panchayat, Panchayat Samiti or Zilla Parishad ;
and

(ii) in any year, in the prescribed manner, with reference to

a qualifying date, if such revision has been directed by
the Prescribed authority.

(4) Notwithstanding anything contained in sub-section (3), the

prescribed authority may at any time, for reasons to be recorded, direct a
special revision of the electoral rolls for any Gram Panchayat, Panchayat
Samiti or Zilla Parishad or a part of Gram Panchayat, Panchayat Samiti or
Zilla Parishad in such a manner as it may think fit :

Provided that subject to the orher preovisions of this Act, the

electoral roll for the Gram Panchayat, Panchayat Samiti or Zilla Parishad,
as in force at the time of the issue of any such direction, shall continue to
be in force until the completion of the special revision so directed.
 122

184. If the Electoral Registration Officer for a constituency, on Inclusion

application made to him, or on his own motion, is satisfied after such of names
enquiry as he thinks fit that any entry in the electoral roll of the in electoral
rolls.
constituency-------

(a) is erroneous or defective in any particular ; or

(b) should be deleted on the ground that the person

concerned is dead or has ceased to be ordinarily resident
in the constituency or is otherwise not entitled to be
registered in that roll-------

the Electoral Registration Officer shall, subject to such general or special

directions, if any, as may be given by the State Election Commissioner in
this behalf, amend or delete the entry :

Provided that before taking any action, on the ground under clause
(a) or any action under clause (b)on the ground that the person concerned
has ceased to be ordinarily resident in that constituency or that he is
otherwise not entitled to be registered in the electoral roll of that
constituency, the Electoral Registration Officer shall give the person
concerned a reasonable opportunity of being heard in respect of the action
proposed to be taken in relation to him. Inclusion
of names
185. (1) Any person whose name is not included in the electoral roll of a in electoral
constituency may apply to the Electoral Registration Officer in the rolls.
prescribed manner for the inclusion of his name in that roll.

(2) The Electoral Registration Officer shall, if satisfied that the

applicant is entitled to be registered in the electoral roll, direct his name to
be included therein :

Provided that if the applicant is registered in the electoral roll of any

other constituency, the Electoral Registration Officer shall inform the
Electoral Registration Officer of the other constituency and that Officer
shall, on receipt of the information, strike off the applicant's name from
that roll.

(3) No amendment or deletion of any entry shall be made under

Section 184 and no direction for the inclusion of name in the electoral roll
of a constituency shall be given under this Section, after the last date for
making nominations for an election in that constituency and before the
completion of that election.
 123

Appeal.
186. An appeal shall lie within such time and in such manner as may be
prescribed before the prescribed authority from any order of the Electoral
Registration Officer under Section 178, 184 or Section 185.
Fee for
applications 187. Every application under Section 184 or Section 185 and every
and appeals. appeal under Section 186 shall be accompained by the prescribed fee
which shall, in no case, be refunded.
Penalty for
making false
188. If any person makes in connection with-------
declaration.
(a) the preparation, revision or correction of electoral roll ; or

(b) the inclusion or exclusion of any entry in or from an

electoral roll,

a statement or declaration in writing which he either knows or believes to

be false or does not believe to be true, he shall be punishable with
imprisonment for a term which may extend to two months or with fine
which may extend to two hundred rupees or with both.
Jurisdiction
of Civil Courts
189. No Civil Court shall have jurisdiction-------
barred.
(a) to entertain or adjudicate upon any question whether any
person is or is not entitled to be registered in an electoral
roll for a constituency ; or

(b) to question the legality of any action taken by or under

the authority of the Electoral Registration Officer, or of
any decision given by any authority appointed under
this Act for the preparation or revision of any such roll.
Right to vote.
190. (1) No person who is not, and except as expressly provided by this
Act every person who is, for the time being entered in the electoral roll of
any constituency, shall be entitled to vote at an election in that
constituency :

Provided that no person shall vote at an election in any constituency

if he------

(a) has been adjudged by a competent court to be of

unsound mind ;

(b) has voluntarily acquired the citizenship of a foreign State ; or

 124

(c) has been sentenced by a criminal court for an electoral

offence punishable under this Act or has been
disqualified under any other law from exercising any
electoral right on account of corrupt practices in
connection with an election and six years have not been
elapsed from the date of such sentence or
disqualification, provided that the disqualifi- cation
under this clause may, at any time, be removed by the
State Government if it thinks fit.

(2) No person shall vote at a general election in more than one

constituency and if a person votes in more than one constituency, his vote
in all such constituencies shall be void.

(3) No person shall, at any election, vote in the same constituency

more than once notwithstanding that his name may have been registered in
the electoral roll for that constituency more than once and if he does so all
his votes in that constituecy shall be void.

(4) No person shall vote at any election if he is confined in prison

whether under a sentence of imprisonment or otherwise or is under the
lawful custody of the Police.

(5) Every elector shall have the right to give only one vote in a
constituency where the number of member to be elected is one.

(6) Every elector shall have the right to give two votes in a
constituency where the number of members to be elected are two, but no
such elector shall give more than one vote to any one candidate.

191. (1) A person shall not be qualified to be chosen to fill a seat in a Qualifications
constituency of any Gram Panchayat, Panchayat Samiti and Zilla Parishad for member-
unless-------------- ship of Gram
Panchayat,
(a) in the case of a seat reserved for the Scheduled Castes, or Panchayat
for the Scheduled Tribes, he or she is a member of any of Samiti and
Zilla Parishad.
these Tribes, or of these Castes, as the case may be, and
his or her name appears as an elector in the electoral roll
for any constituency in that Gram Panchayat, Panchayat
Samiti or Zilla Parishad Area ;

(b) in the case of any other seat, his or her name appears as
an elector in the electoral roll for any constituency in that
Gram Panchayat, Panchayat Samiti or Zilla Parishad
Area ; and
 125

(c) he or she has completed 21 years of age on the date of

submission of nomination at an election.

(2) A person shall not be qualified to be chosen to fill a seat in more

than one constituency of a Gram Panchayat, a Panchayat Samiti or a Zilla
Parishad.

1
[(3) No person shall be a member simultaneously of a Panchayat Samiti
or a Zilla Parishad. If a person is elected to Panchayat Samiti and Zilla
Parishad or being a member of one body is subsequently elected as member
of another, he shall, before taking his seat in either of the two or in the
body where he is subsequently elected, submit resignation from the office
of member of the other. If he fails to do so, seats both at Panchayat Samiti
and Zilla Parishad to which he is elected or, as the case may be, to which
he is subsequently elected shall be deemed to have become vacant ].

Bar of
Jurisdiction
192. Notwithstanding anything in this Act, no court shall have any
of Court. jurisdiction in respect of any matters connected with the disqualification of
members of Gram Panchayat under Section 16, member of Panchayat
Samiti under section 76 and member of Zilla Parishad under section 128.

Directions 193. (1) Notwithstanding anything contained in this Act, it shall be lawful
from Govern- for the Government to issue directions to any Gram Panchayat, Panchayat
ment.
Samiti and Zilla Parishad, in matters relating to the state and national
policies, and such directions shall be binding on the Gram Panchayat,
Panchayat Samiti and Zilla Parishad.

(2) The State Government may------

(a) call for any record or register, and other document in

possession or under the control of any Panchayat ;

(b) require any Panchayat to furnish any return, plan,

estimate, statement, account or statistics ; and

(c) require any Panchayat to furnish any information or

report on any matters connected with such Panchayat.

1. Inserted by The Tripura Panchayats (Amendment) Act, 1994,

w.e.f.2.12.1994.
 126

194. (1) If in the opinion of the State Government any Gram

Powers of State
Panchayat, Panchayat Samiti or Zilla Parishad ------
Government to
dissolve Gram
(a) has shown its incompetence to perform, or has persist- Panchayat, Pan-
ently made default in the performance of, the duties chayat Samiti
imposed on it by or under this Act or any other law; or Zilla Parishad.

(b) has failed to carry out or implement the direction given

by the State Government under Section 193; or

(c) has exceeded or abused its powers ,

the State Government may, by order, to be published in the Official

Gazette, stating the reasons therefor, dissolve the Gram Panchayat, the
Panchayat Samiti or the Zilla Parishad, as the case may be, and direct
that it be reconstituted within such period not exceeding six months as
may be specified in the order :

Provided that the members of the Gram Panchayat, the Panchayat

Samiti or the Zilla Parishad,as reconstituted, shall hold office for the
unexpired portion of the period for which the members of the Gram
Panchayat, the Panchayat samiti or the Zilla Parishad, as the case may
be, would have held office had the Gram Panchayat, the Panchayat
Samiti or the Zilla Parishad, as the case may be, not been dissolved.

(2) The State Government shall, before making any order under
sub- section (1) give the Gram Panchayat, the Panchayat Samiti or the
Zilla Parishad, as the case may be, an opportunity of making
representation against the proposed order.

(3) Every order made under sub-section (1) shall be laid before
the State Legislature.

195. (1) When an order of dissolution has been passed under Section
194, then with effect from the date of the order------ Consequences
of dissolution.
(a) all the members of the Gram Panchayat, the Panchayat
the members of the Standing Committees thereof, shall
Samiti or the Zilla Parishad, as the case may be,
vacate their offices ;
 127

(b) all the powers, duties and functions which, under the
provisions of this Act or any rule or regulation of bye law
or made thereunder or any law for the time being in
force, may be exercised, discharged or performed by the
Gram Panchayat, the Panchayat Samiti or the Zilla
Parishad, as the case may be, or any Standing
Committees thereof shall be exercised, discharged or
performed by such authority, person or persons as may
be appointed by the State Government in this behalf ;
and

(c) all properties vested in the Gram Panchayats, the

Panchayat Samiti or the Zilla Parishad, as the case may
be, shall remain vested in the State Government until the
reconstitution of such Gram Panchayats, Panchayat Samitis
or Zilla Parishads.

(2) On the reconstitution of the Gram Panchayat, the Panchayat Samiti,

or the Zilla Parishad, as the case may be, the authority, person or persons
appointed under clause (b) of sub-section (1) shall cease to function.

Inspection.
196. (1) The State Government shall appoint a Director of Panchayats and
such other officers as it may consider necessary for the purpose of
inspection or superintending the work of all, or any of the Gram Panchayats,
the Panchayat Samitis or the Zilla Parishads.

(2) An officer appointed to inspect or superintend the work of a

Gram Panchayat, a Panchayat Samiti or a Zilla Parishad may at any
time------

(a) inspect, or cause to be inspected , any immovable

property used or occupied by the Gram Panchayat, the
Panchayat Samiti or the Zilla Parishad or any work in
progress under the direction of the Gram Panchayat, the
Panchayat Samiti or the Zilla Parishad ;

(b) inspect or examine, or depute any other officer of the

Government to inspect or examine , any department of
the Gram Panchayat, the Panchayat Samiti or the Zilla
Parishad or any service, work or thing under the control
of the Gram Panchayat, the Panchayat Samiti or the Zilla
Parishad; and
 128

(c) require for the purposes of inspection or examination the

Gram Panchayat, the Panchayat Samiti or the Zilla
Parishad--

(i) to produce any record, correspondence, plan or other document ;

(ii) to furnish any return, plan, estimate, statement, accounts

or statistics ; or

(iii) to furnish or obtain any report or information.

(3) The District Magistrate or any other officer not below the rank
of a Deputy Collector, when authorised by the State Government in this
behalf, may exercise all or any of the powers conferred on an inspecting
officer under sub-section (2).

(4) When an inspection of a Gram Panchayat, a Panchayat Samiti

or a Zilla Parishad is undertaken by any officer referred to in sub-section
(3), a report of such inspection shall be submitted by such officer to the
State Government.

197. The State Government may, by notification published in the Official Delegation.
Gazette, delegate, subject to such conditions as it may specify, all or any of
its powers under this Act, except the powers under section 228, to any
person or authority subordinate to it.

198. (1) The State Government shall constitute such Panchayat Election Constitution
Tribunals, as may be necessary, on the recommendation of the Guwahati of Panchayat
High Court, to dispose of all election petitions challenging elections under Election
this Act. The jurisdiction, powers and functions, and headquaters of these Tribunal.
Tribunals shall be such as may be prescribed in consultation with the High
Court.

(2) The decision and order of the Election Tribunal passed under
sub-section (1) shall be final.

CHAPTER II
Electoral Offences and Election Disputes.

199. (1) If any Electoral Registration Officer, Assistant Electoral Breach of

Registration Officer or Other person required by or under this Act and the official duty
rules framed thereunder, to perform any official duty in connection with the in connection
with prepa-
prepara- tion, revision or correction of an electoral roll or the inclusion ration etc.
or exclusion of any entry in or from that roll, is, without reasonable cause, of electoral
guilty roll.
 129

of any act or omission in breach of such official duty, he shall be punishable

with fine which may extend to two hundred rupees.

(2) No suit or other legal proceeding shall lie against any such
officer or other person for damages in respect of any such act or omission
as aforesaid.

(3) No court shall take cognizance of any offence punishable under

sub-section (1) unless there is a complaint made by order of, or under
authority from the State Panchayat Election Commissioner.

Prohibition
on Public
200. (1) No person shall convene, hold or attend any public meeting in
meeting any area of a constituency during the period of 48 hours ending with the
before hour fixed for the conclusion of the poll for any election in that
election. constituency.

(2) Any person, who contravenes the provisions of sub-section (1)

shall be punishable with fine which may extend to one hundred rupees.
Prohibition
on canvassing
in or near 201. (1) No person shall, on the date or dates on which a poll is taken in
polling any polling station, commit any of the following acts within the polling
station station or in any public or private place within a distance of 100 metres of
the polling station, namely :-------
(a) canvassing for votes ;

(b) soliciting vote of any elector ;

(c) persuading any elector not to vote at the election ;

(d) persuading any elector not to vote for any particular

candidate ; and

(e) exhibiting any notice or sign other than an official

notice relating to the election.

(2) Any person who contravenes the provisions of sub-section (1)

shall, on conviction, be punishable with fine which may extend to one
hundred rupees.

(3) An offence punishable under this Section shall be cognizable.

 130

202. (1) No person shall, on the date or dates on which a poll is taken at Penalty for
any polling station, ------- disorderly
conduct in or
near polling
station.
(a) use or operate, within or at entrance of the polling
station, or in any public or private place in the
neighbourhood thereof, any apparatus or amplifier for
reproducing the human voice, such as a megaphone or a
loud speaker ; or

(b) shout or otherwise act in a disorderly manner, within or

at the entrance of the polling station or in any public or
private place in the neighbourhood thereof, so as to cause
annoyance to any person visiting the polling station for
the poll, or so as to interfere with the work of the officers
any other persons on duty at the polling station.

(2) Any person who contravenes or wilfully aids or abets the

contra- vention of the provisions of sub-section (1), shall on
conviction, be punishable with imprisonment for a term which may
extendm to one month or with fine which may extend to one hundred
rupees or with both.

(3) If the Presiding Officer of a polling station has reason to

believe that any person is committing or has committed an offence
Punishable under this Section, he may direct any Police officer to arrest
such person and thereupon the Police Officer shall arrest him.

(4) Any Police Officer may take steps and use such force, as may
be reasonably necessary for preventing any contravention of the provisions
of sub-section (1) and may seize any apparatus used for such contravntion. Penalty for
misconduct
203. (1) Any person, who during the hours fixed for the poll at any at Polling
polling station misconducts himself or fails to obey the lawful directions of station.
the Presiding Officer, may be removed from the polling station by the
Presiding Officer or any Police Officer on duty or by any person
authorised in this behalf by such Presiding Officer.

(2) Powers conferred by sub-section (1), shall not be exercised so as

to prevent any elector who is otherwise entitled to vote at a polling station
fron having an opportunity of voting at that station.
 131

(3) If any person who has been so removed from a polling station
re-enters the polling station without the permission of the Presiding Officer,
he shall, on conviction, be punishable with imprisonment for a term which
may extend to one month or with fine which may extend to one hundred
rupees or with both.

(4) An offence punishable under sub-section (3) shall be cognizable.

Removal of
ballot paper
204. (1) Any person, who at any election fraudulently takes or attempts to
from Polling take a ballot paper out of a polling station or wilfully aids or abets the
station to be doing of any such act, shall be punishable with imprisonment for a term
an offence. which may extend to one month or with fine which may extend to one
hundred rupees or with both.

(2) If the Presiding Officer of a Polling station has reason to

believe that any person is committing or has committed an offence
punishable under sub-section (1), such officer may, before such person
leaves the polling station, arrest or direct a Police Officer to arrest such
person and may search such person or cause him to be searched by a
Officer :

Provided that when it is necessary to cause a woman to be searched, the

search shall be made by another woman with strict regard to decency.

(3) Any ballot paper found upon the person arrested on search
shall be made over to a Police Officer for safe custody by the Presiding
Officer or when the search is made by a Police Officer shall be kept by
such officer in safe custody.

(4) An offence punishable under sub-section (1) shall be cognizable.

Other
offences and
penalties 205. (1) A person shall be guilty of an electoral offence if at any
therefor. election he --------

(a) fraudulently defaces or fraudulently destroys any

nomination paper ;

(b) fradulently defaces, destroys or removes any list, notice

or other documents affixed by or under the authority of
the Returning Officer ;
 132

(c) fraudulently defaces or fraudulently destroys any ballot

paper or the official mark on the ballot paper or any
declaration or identification ;

(d) without due authority supplies any ballot paper to any

person ;

(e) fraudulently put into any ballot box anything other than
the ballot paper which he is authorised by law to put in ;

(f) without due authority destroys, takes, opens or otherwise

interferes with any ballot box or papers then in use for
the purposes of the election ; or

(g) fraudulently or without due authority, as the case may be,

attempts to do any of the foregoing acts or wilfully aids
or abets the doing of any such acts.

(2) Any person guilty of an offence under this Section shall ------

(a) if he is a Returning Officer or Presiding Officer at a

polling station or any other officer or clerk employed on
official duty in connection with the election, on
conviction, be punishable with imprisonment for a term
which may extend to two months or with fine which may
extend to two hundred rupees or with both ; and

(b) if he is any other person, on conviction, be punishable

with the imprisonment for a term which may extend to
one month or with fine which may extend to one
hundred rupees or with both.

(3) For the purpose of this Section, a person shall be deemed to be

on official duty if his duty is to take part in the conduct of the election or
part of an election including counting of votes or to be responsible, after an
election, for the used ballot papers and other documents in connection with
such election, but the expression "official duty" shall not include any duty
imposed otherwise than by or under this Act.

(4) An offence punishable under clause (b) of sub-section (2) shall

be cognizable.
 133

Maintenance
of secrecy of 206. (1) Where an election is held by ballot, every officer, clerk, agent
voting. or other persons who performs any duty in connection with the recording
or counting of votes at an election, shall maintain and aid in maintaining
the secrecy of the voting and shall not, except for any purpose authorised
by or under any law, communicate to any person any information
calculated to violate such secrecy.

(2) Any person who contravenes the provision of sub-section (1)

shall, on conviction, be punishable with imprisonment for a term which
may extend to one month or with fine which may extend to one hundred
rupees or with both.

Officers etc. at 207. (1) No person who is a Returning Officer or a Presiding Officer or
an el ecti on
not to act for
Polling Officer at an election or an officer or clerk appointed by the
the candidates Returning Officer or the Presiding Officer to perform any duty in
or influence connection with an election shall, in the conduct or the management of
voting. election, do any act other than the giving of his vote for the furtherance of
the prospects of the election of a candidate.

(2) No such person as aforesaid and no member of a Police Force

shall endeavour ------
(a) to persuade any person to give his vote at an election ;

(b) to dissuade any person from giving his vote at an election ; or

(c) to influence the voting of any person at an election in

any manner.

(3) Any person who contravenes the provisions of sub-section (1)

or sub-section (2) shall, on conviction, be punishable with imprisonment
for a term which may extend to one month or with fine which may extend
to one hundred rupees or with both.

(4) An offence punishable under sub-section (3) shall be cognizable.

Breaches of 208. (1) If any person to whom this Section applies is, without
official duty
in connection
reasonable cause, guilty of any act or omission, in breach of his official
with election. duty, he shall ne punishable with fine which may extend to two hundred
rupees.

(2) An offence punishable under sub-section (1) shall be cognizable.

 134

(3) No suit or legal proceedings shall lie against any such person
for damages in respect of any such act or omission as aforesaid.

(4) The persons to whom this Section applies are Returning

Officers, Assistant Returning Officers, Presiding Officers, Polling Officers
and any other person appointed to perform any duty in connection with the
receipt of nominations or withdrawal of cadidature or the recording or
counting of votes at an election ; and the expression "official duty" shall,
for the purpose of this Section, be constructed accordingly, but shall not
include the duties imposed otherwise than by or under this Act.

209. No court shall take cognizance of an offence punishable under clause Prosecution
(a) of sub-section (2) of Section 205 or under Section 206, 207 or 208 in certain
unless there is a complaint made by an order of, or under the authority offences.
from, the State Panchayat Election Commissioner.

210. (1) A person shall be deemed to have committed a corrupt practice Corrupt
who directly or indirectly by himself or by any other person------- practice.

(i) induces or attempts to induce by fraud or coercion any

elector to give or refrain from giving a vote in favour of
any candidate ;

(ii) threatens any candidate or elector, or any person in

whom a candidate or elector is interested with injury of
any kind with a view to influence him in any way in
connection with the election ;

(iii) induces or attempts to induce a candidate or elector to

believe that he or any person in whom he is interested
will become or will be rendered an object of divine
displeasure or of spiritual censure with a view to
influence him in any way in connection with the election
;

(iv) employs, instigates or threatens any form of social

boycott of any elector or candidate or of any one in
whom such elector or candidate is interested ;

(v) with a view to including any elector to give or to refrain

from giving a vote in favour of any candidate, offers or
 135

gives any food or drink, or any money or valuable consi-

deration, or any place or employment, or holds out any
promise of individual advantage or profit to any person,
including a promise of spiritual salvation ;

(i) gives or procure the giving of a vote in the name of an

elector who is not the person giving such vote ;

(ii) makes any payment or promise of payment to any person

on accoun of the conveyance of any elector to or from any
palce for the purpose of recording his vote :

Provided that nothing contained in this clause shall prevent a

conveyance being hired by an elector or by several electors at their joint
cost, for the purpose of conveying him or them to or from the place fixed
for the poll :

(iii) offers any money or valuable consideration to any person

to induce him to withdraw from being a candidate at an
election, or being a candidate, accepts any money or
valuable consideraton so offered ; or

(iv) abets the doing of any of the acts specified in clauses (i)
to (viii).

Explanations :- (a) A "promise of individual advantage or profit to a

person" includes a promise for the benefit of the person himself, or of any
one in whom he is interested, but does not include a promise to further or
oppose, or to vote for or against any particular Gram Panchayat, Panchayat
Samiti or Zilla Parishad measure or work ;

(b) no agent, clerk, messenger, or other person who may, in

accordance with rules made by the State Government, be
employed for remuneration by a candidate at an election
shall be reason of such employment alone be deemed to
come within the provision of this Section.

(2) A corrupt practice shall be deemed to have been committed by a

candidate if it has been committed with his knowledge and consent, or by a
person who is acting under the general or special authority of such
candidate with reference to the election.
 136

(3) Every person who is guilty of a corrupt practice at or in

connection with an election held under the provisions of this Act shall be
punishable with imprisonment which may extend to one month or with fine
which may extend to one hundred rupees or with both.

1
[210 A.(1) If any dispute arises as to the validity of the election of a
member of a Gram Panchayat, Panchayat Samiti of Zilla Parishad, any
candidate or any person entitled to vote at such election may within sixty
days from the date of declaration of results of such election present in
person a petition calling in question such election before the Panchayat
Election Tribunal having jurisdiction constituted under Section 198 and at
the same time deposit in the Tribunal such fee as may be prescribed being
the costs likely to be incurred.]

2
[210 A.(2) No election of any member of a Gram panchayat, Panchayat
Samiti or Zilla Parishad shall be called in question except on any one or
more of the following grounds, namely :------

(a) that on the date of election the returned candidate was not
qualified or was disqualified to be chosen to fill the seat
of the Gram Panchayat or, as the case may be, the
Panchayat Samiti or the Zilla Parishad ;

(b) that any corrupt practice as defined in Section 210 has

been committed by the returned candidate or the election
Agent or by any person with the consent of the returned
candidate or his election Agent ;

(c) that the result of the election, in so far as it concerned the

returned candidate, has been materially affected ------

(i) by improper acceptance or rejection of any nomination ; or

(ii) by improper acceptance of rejection of any vote ; or

1. Inserted by The Tripura Panchayats (Amendment) Act, 1994,

w.e.f 2.12.1994.

2. Substituted by The Tripura Panchayats ( Second Amendment) Act,

1998, w.e.f. 15.10.1998.
 137

(iii) by declaring election result on the basis of wrong

counting of votes ; or

(iv) by any gross noncompliance of the provisions of this

Act or the Rules or orders made thereunder ; or

(v) by commission of such offences as may be prescribed ].

Disquaifica-
tion of persons
211. If the Election Tribunal sets aside an election under Section 198, he
who commit may, if he thinks fit, declare any person by whom a corrupt practice has,
corrupt prac- in his opinion, been committed within the meaning of Section 210 to be
tice from being disqualified from being a candidate for election in that or any other
a candidate. Panchayat for a period not exceeding six years and the Tribunal decision
shall be final :

Provided, however, that such person may, by an order of the State

Government, be at any time, relieved from such disqualification.
Saving of acts
done by a
member before 212. Where by an order under Sectiion 211, the election of a returned
election is candidate is deemed to be void, acts and proceedings in which that
set aside. returned candidate has, before the date thereof, participated as a member
of any Panchayat, shall not be invalidated by reason of that order nor
shall such candidate be subjected to any liability or penalty on the ground
of such participation.
Bar to
interference
by courts 213. No court shall grant an injunction-----
in election
matters. (i) to postpone the election of a member or any other
functionary of a Panchayat ; or

(ii) to prohibit a person declared to have elected under

this Act from taking part in the proceeding of the
Panchayat to which he has been elected ; or

(iii) to prohibit the members elected to a Panchayat under

this Act from entering upon their office.

CHAPTER III
Finance Commission
Finance Com-
mission for
Panchayat. 214. (1) The Governor shall as soon as may be within one year from the
commencement of the Constitution ( Seventy third) Amendment Act,
1992,
 138

and thereafter at the expiration of every fifth year, constitute a Finance

Commission to review the financial position of the Zilla Parishads, the
Panchayat Samitis and the Gram Panchayats and to make recommendation
to the Governor as to -------

(a) the principles which should govern -------

(i) the distribution between the State and the Zilla Parishads,
to Panchayat Samitis and the Gram Panchayats of the
net proceeds of the taxes, duties, tolls and fees leviable
by the State which may be divided between them under
this Act and allocation between the Zilla Parishads of their
respective shares of such proceeds :

(ii) the determination of the taxes, duties, tolls, rates and fees
which may be assigned to or appropiated by the Zilla
Parishads, the Panchayat Samitis and the Gram
Panchayats ;

(iii) the grants-in-aid to the Zilla Parishads, the Panchayat

Samitis and the Gram Panchayats from the Consolidated
Fund of the State :

(b) the measures needed to improve the financial position of

the Zilla Parishads, the Panchayat Samitis and the Gram
Panchayats ; or

(c) any other matter referred to the Finance Commission by

the Governor in the interest of sound finance of the
Zilla Parishads, the Panchayat Samitis and the Gram
Panchayats.

(2) The Finance Commission shall consist of one or more

members of whom one shall be the chairman.

(3) The Chairman or members of the Finance Commission shall

possess such qualification and shall be appointed in such manner as may
be prescribed.

(4) The Finance Commission shall determine its procedure.

(5) The chairman or a member of the Finance Commission may

resign his office by writing under his hand and addressed to the Governor
but he shall continue in office until his resignation is accepted by the
Governor.
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(6) The casual vacancy created by the resignation of the chairman

or a member under-section (5) or for any other reason may be filled up by
fresh appointment and the chairman or the members so appointed shall
hold office for the remaining period for which the chairman or the member
in whose place he was appointed would have held office.

(7) The Finance Commission shall have the following powers in

the performance of its functions, namely------

(a) to call for any record from any officer or authority ;

(b) to summon any person to give evidence or produce any

record ; and

(c) such other powers as may be assigned to it by the Governor.

(8) The Governor shall cause every recommendation made by the

Finance Commission under this Section, together with an explanatory
memorandum as to the action taken thereon to be laid before the State
Legislature.

CHAPTER I
Audit and Miscellaneous

Audit.
215. The audit of the accounts of the funds of a Gram Panchayat, or a
Panchayat Samiti, or a Zilla Parishad shall be carried out by the authority as
may be prescribed by the Government and a copy of the audit report ------

(a) on the Gram Panchayat, shall be forwarded to the

Panchayat Samiti by the Gram Panchayat ;

(b) on the Panchayat Samiti, shall be forwarded to the Zilla

Parishad or the Prescribed authority by the Panchayat
Samiti; and

(c) on the Zilla Parishad, shall be forwarded to the State

Government by the Zilla Parishad,

after taking steps to rectify any defects or irregularities which have

been pointed out in the audit.
 140

216. Every Panchayat shall have the power to revise or modify any
Power over
decision taken by any of its Committees. decision of
the Commi-
217. (1) Notwithstanding anything contained in the Indian Oaths Act, 1873 ttees.
( Act 10 of 1873), every person who is elected a member of a Gram Oath of
affirmation
Panchayat, a Panchayat Samiti or a Zilla Parishad shall, before taking his by members
seat, make and subscribe, before such authority as may be specified by the of Gram
State Government in this behalf, oath of affirmation of his allegiance to the Panchayat,
Panchayat
Constitution of India according to the form set out for the purpose in the Samiti and
Schedule. Zilla
Parishad
(2) When any person has failed to make oath of affirmation of
allegiance referred to in sub-section (1), and the State Government is
satisfied that the failure of such person to make oath of affirmation was
due to inadvertance or mistake, the State Government may declare that
failure of such person to comply with the provisions of sub-section (1) is
condoned.

(3) When a declaration has been made by the State Government

under sub-section (2) in respect of any person, such person shall be
deemed to have continued, notwithstanding his default, to hold his office
and all acts done by him shall be deemed as valid and lawful, as if the
person in respect of whom the declaration has been made, had made the
oath of affirmation of allegiance in accordance with the provision of sub-
section (1).

(4) Where all the members of a Gram Panchayat, a Panchayat

Samiti or a Zilla Parishad have failed to make the oath of affirmation
under sub-section (1) or where the number of members of a Gram
Panchayat, a Panchayat Samiti or a Zilla Parishad who have made the oath
of affirmation is insufficient to allow of a quorum being formed under
Section 27, Section 87 and Section 139 and the State Government is not
satisfied that the failure of the members who have failed to make the oath
of affirmation was due to inadvertance or mistake, the State Government
may by an order published in the Official Gazette dissolve the Gram
Panchayat, the Panchayat Samiti or the Zilla Parishad. Thereafter the State
Government shall, as soon as may be convenient, reconstitute the Gram
Panchayat, the Panchayat Samiti or the Zilla Parishad by fresh General
Election and the person who failed to make the oath of affirmation, shall
not be deemed to be disqualified for election at such general election.
 141

Power of
State
218. (1) The State Government may, by order in writing, rescind any
Government resolution passed by a Gram Panchayat, a Panchayat Samiti or a Zilla
Parishad,
to rescind
if in its opinion such resolution------
or suspend
resolution
of a Gram (a) has not been legally passed ; or
Panchayat,
Panchayat
(b) is in excess, or abuse of the powers conferred by, or
Samiti and
Zilla Parishad. under this Act or in rules made thereunder.

(2) The State Government shall, before taking any such action under
sub-section (1), give the Gram Panchayat, the Panchayat Samiti, or the
Zilla Parishad concerned as opportunity for making representation against
the proposed order.
Penalty for
infringement
219. Unless otherwise provided elsewhere in this Act, whoever
of the provi- contravenes any provisions of this Act, shall be punishable with fine,
sions of the which may extend to five hundred rupees and when the breach is a
Act. continuing one, with a further fine which may extend to one thousand rupees
for every day after first conviction during which an offender is proved to
have been persistent in the offence.
Infringement
of Rules or
bye-laws or 220. In making rules the State Government in making bye-laws the Gram
regulations. Panchayat, in making regulations the Panchayat Samiti and in making
regulations or regulation the Zilla Parishad , with the sanction of the
prescribed authority, may direct that a breach of it shall be punishable with
a fine which may extend to five hundred rupees and when the breach is a
continuing one, with a further fine which may extend to five thousand
rupees for every day after the date of first conviction during which an
offender is proved to have persisted in the offence.
Penalty or
tampering
with the 221. (1) Whoever removes, displaces or makes an alteration in or
Panchayat otherwise interferes with any pavement, gutter or other materials of public
property. streets , or any fence, wall or post thereof, or a lamp post or bracket,
direction post, stand post, hydrent or other such property of the Gram
Panchayat, the Panchayat Samiti and the Zilla Parishad without the sanction
from the respective Gram Panchayat, Panchayat Samiti and Zilla Parishad
or other local authority shall be punishable with fine which may extend to
District one thousand rupees.
Planning
Committees.
222. (1) The Government shall constitute in every District, Planning
Committee to consolidate the plans prepared by the Zilla Parishad, the
Panchayat Samitis, the Gram Panchayats, Notified area Authorities and
Municipal
 142

Authorities or any other local authorities in the District and to prepare a

draft development plan for the District as a whole.

(2) The District Planning Committee shall consist of ------

(a) members of House of people who represent the whole or

a part of the District ;

(b) such number of members of the State Legislative

Assembly whose constituencies lie within the District ;

(c) Sabhadhipati of the Zilla Parishad ;

(d) Chairman of the Panchayat Samitis of the District ;

(e) Chairman of the Municipal Authorities and Notified area

Authorities within the District ;

(f) such number of representatives from other local

authorities as may be prescribed ;

(3) The Chief Executive Officer of the Zilla Parishad shall be the
Secretary of the Committee.

(4) The Committee shall be headed by a Minister of the State

Government of cabinet rank as may be nominated by the Chief Minister.

(5) Every District Planning Committee shall in preparing the draft

development plan ------

(a) have regard to

(i) the matters of common interest between the Zilla Parishad,

the Panchayat Samitis, the Gram Panchayat, Notified
Area authorities and Municipal anthorities and other
local authorities in the District including special
planning, sharing of water and other physical and natural
resources integrated development of infrastructure and
environmental conservation ; and
 143

(ii) the extent and type of available resources, whether

financial or otherwise ; and

(b) consult such institutions and organisations as the

Government may by order specify.

(6) The Chairman of every District Planning Committees shall

forward development plans as recommended by such committee to the
State Government.

Annual
Administration
223. (1) As soon as may be after the first day of April in every year, and
report. not later than such date as may be fixed by the Government, the Executive
Officer shall place before the Panchayat Samiti a report of the
administration of the Panchayat Samiti during the preceding financial year,
in such form and with such details as the Government may direct, and shall
forward the report, with the resolution of the Panchayat Samiti thereon, to
the Zilla Parishad and to the Government.

(2) As soon as may be after the first day of April in every year, and
not later than such date as may be fixed by the State Government, the
Chief Executive Officer of the Zilla Parishad shall prepare a report on the
adminis- tration of the Zilla Parishad during the preceding financial year,
in such form and with such details as the Government may direct, and
submit the report to the Zilla Parishad. After approval by the Zilla
Parishad, the report shall be submitted to the Government.

(3) The report submitted to the Government under sub-section (2)

shall, together with a memorandum by the Government reviewing the
working of the Zilla Parishad, be laid before the State Legislature.
Power of
Gram Pan- 224. (1) A Gram Panchayat may, subject to the provisons of this Act and
chayats to the rules made thereunder and with the previous sanction of the prescribed
make bye- authority, make bye-laws to carry out the purposes of this Act in so far as
laws. this relate to its powers and duties.

(2) All bye-laws made under this Section shall be subject to the
condition of previous publication, and such publication shall be in such
manner as may be prescribed.
Power of
Panchayat 225. (1) A Panchayat Samiti may subject to the provisions of this Act and
Samitis to the rules made thereunder and with the previous sanction of the
make regu- Government, by notification published in the Official Gazette, make
lations.
regulations to carry out the purposes of this Act in so far as these relate
to its powers and duties.
 144

226. (1) A Zilla Parishad may, subject to the provisions of this Act and Power of
the rules made thereunder, with previous sanction of the State Government, Zilla Pari-
by notification, make regulations to carry out the purposes of this Act in so shads to
far as these relate to its powers and duties. make regu-
lations.
(2) The regulations made under sub-section (1) shall be subject to the
condition of previous publication and such publication shall be in such
manner as may be prescribed.

227. (1) The Government may, subject to the provisions of this Act and Power of
the rules made thereunder, after previous publication of the draft for not Government
less than one month, make model regulations, detailed regulations and bye- to make
laws for Gram-Panchayat, Panchayat Samiti and Zilla Parishad. model
regulations.
(2) A Gram Panchayat, a Panchayat Samiti or a Zilla Parishad may,
by resolution, adopt the model bye-laws or regulation, as the case may be
made under sub-section (1)and such bye-laws or regulations, as the case
may be, shall come into force within the jurisdiction of the Gram
Panchayat, the Panchayat Samiti or the Zilla Parishad, as the case may be,
may specify in a notice published in the prescribed manner.

228. (1) The State Government may, by notification published in the

Official Gazette, make rules for carrying out the purposes of this Act. Rules and
orders to be
(2) Every rule made under this Act shall be laid as soon as may be laid before
after it is made, before the State Legislature while it is in session for a period the House of
of fourteen days which may be comprised in one session or in two or more the State
Legislature.
successive sessions and if, before the expiry of the session in which it is so
laid or sessions immediatly following, the House agrees or makes any
modification in the rule or the House agrees that the rules should not be
made, the rule shall thereafter have the effect or be effective only in such
modified form or be of no effect, as the case may be, so however that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.

229. (1) If any difficulty arises in giving effect to any provision of this Removal of
Act, the State Government may by an order, published in the Official difficulties.
Gazette, as the occassion may require, do anything which appear to it to be
necessary to remove the difficulty.

(2) Every order made under sub-section (1) shall be laid before the
State Legislature.
 145

(3) No such order shall be made after expiry of two years from the
commencement of this Act.

Repeal and
savings.
230. (1) The Tripura Panchayats Act, 1983, and the Tripura Block
Panchayat Samities Act,1978 are hereby repealed.

(2) Notwithstanding such repeal of the said Acts anything done, any
action taken, order issued, notification published, proceeding started,
appeal preferred, legal effect produced, by or under the provisions of the
said Acts, shall be deemed to have been respectively done, taken, issued,
published, started, preferred or produced by or under the corresponding
provisions of this Act.

SCHEDULE

Form of oath or affirmation to be made by member of a Gram

Panchayat, a Panchayat Samiti or a Zilla Parishad.

( See Section 217 )

I, A.B.C.---------------------------------------- having been declared a

member of Gram Panchayat/ Panchayat Samiti/ Zilla Parishad do swear in
the name of God solemnly affirm that I will bear true faith and allegiance
to the Constitution of India as by law established, and I will faithfully
discharge the duties upon which I am about to enter.

~~~~~~~***~~~~~~~
 LIST OF AMENDMENTS

1. The Tripura Panchayats (Amendment) Act, 1994, w.e.f 2.12.1994.

2. The Tripura Panchayats ( Second Amendment) Act, 1998, w.e.f. 15.10.1998.

~~~~~~~