The Tripura Panchayats Act, 1993

(As Amended upto 6th Amendment (Ordinance) dt. 24.05.2018)

 Tripura Act No.7 of 1993

THE TRIPURA PANCHAYATS

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.

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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.

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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.
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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.
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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.
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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, 1. (1) This Act may be called the Tripura Panchayats Act, 1993.
extent and
commence- (2) It shall extend to the whole of the State of Tripura except the
ment.
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 context---- Definitions.

(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 3. (1) The State Government may, by notification, published in the Official
of Gram. 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.

Composi- 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 5. (1) When an area is excluded from a Gram clause (a) of sub-section
alteration (3) of Section 3, such area shall , as from the date of the notification referred to
of the area in that sub-section, cease to be subject to the jurisdiction of the Gram Panchayat
of Gram.
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 the inclusion of a
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
municipality
and the properties, funds and other assets vested in such Gram Panchayat and etc.
all the rights and liabilities of such Gram Panchayat shall vest and 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
[7. (1) The periodicity and procedure for convening and conducting the
of meeting. 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 Pradhan
Officer. of the concerned Gram Panchayat and in his absence by the Upa-Pradhan.

4
Matters [10. (1) The Gram Sabha shall consider the following matters in such
for consi- manner as may be prescribed-------
deration
(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 every their consti-
Gram Panchayat shall be chosen by direct election by secret ballot in such tution.
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 12. (1) The Gram Panchayat shall consist of the following members-------
of Gram
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 Panchayat, P o w e r t o
divide Gram
the prescribed authority shall, in the manner prescribed------- into Consti-
tuencies and
(a) divide the area of a Gram into constituencies, not being less to fix the
than five and not being more than fifteen on the basis of the number of
number of members of the Gram Panchayat determined members to
be elected
under Section 12 ; and 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.

14. (1) Seats of members in every Gram Panchayat shall be reserved for--- Reservation
of seats :
(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 a
qualification member of a Panchayat, if-------
for member-
ship of Gram
Panchayat. (a) he is so dis-qualified by or under any law for the time being
in force for the purpose of elections to the legislature of the
State concerned :

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- 16. (1) A member of a Gram Panchayat belonging to any political party shall
cation on be disqualified for being a member of the Gram Panchayat--------
ground of
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 may Election of
be , of the members of a Gram Panchayat shall be held under the provisions of this members of
Act and of the Rules and orders made thereunder before such date as the State Gram Pan-
Election Commission in consultation with the State Government may by one or chayats.
more notification in the official gazette specify.

(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 18. (1) Every Gram Panchayat unless sooner dissolved shall continue for five
of Gram years from the date appointed for its first meeting and no longer.
Panchayat
and term
of office of (2) No amendment of any law for the time being in force shall have
members the effect of causing dissolution of a Gram Panchayat, which is functioning
of Gram immediately before such amendment, till the expiration of its duration
Panchayat. 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 cannot Election to
function when
be held ; or
election of
members from
(b) if held, result of such election cannot be published in the some constitu-
official gazette by reason of the order of a court or for any encies cannot be
other reason, within such time as the State Government held.
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).

20. (1) Every Gram Panchayat shall, at its first meeting at which a Pradhan and
quorum is present, elect, in the prescribed manner , one of its members to be Upa-Pradhan.
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
and Upa-
authority and on such resignation being accepted by such authority the Pradhan,
Pradhan or a
the Upa-Pradhan, or the member, as the case may be, shall be deemed to have member.
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 be members of
Gram Pan-
taken against him, by order remove him from office-------
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 23. (1) The Pradhan or the Upa-Pradhan of a Gram Panchayat may be
Pradhan or 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 Section Filling of

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

25. If the office of a member of a Gram Panchayat becomes vacant by reason Filling of
of his death, resignation, removal or otherwise, the vacancy shall be filled in the casual vacancy
in place of a
manner prescribed by election of another person under the provisions of this member o f
Act and the rules made thereunder. G r a m Pan-
chayat.
26. Every Pradhan or Upa-Pradhan elected under Section 24, and every member Te r m of
office of Pra-
elected under Section 25 to fill a casual vacancy, shall hold office for the unexpired dhana, Upa-
portion of the term of office of the person in whose place he is so elected. Pradhan or
member filling
casul vacancy.

27. (1) Every Gram Panchayat shall hold a meeting at least once in a month Meeting of
in the office of the Gram Panchayat and such meeting shall be held on such date GramPanchayat.
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
at Panchayat Panchayat except at an adjourned meeting shall be sent to each member of 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 Sabha Meeting of
Gram Sabha.
or the Gram Sansad, as the case may be, all such matters as are 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 the
report on the work done during the previous year and the work proposed to work of Gram
be done during the following year and submit to the prescribed authority and Panchayat.
to the Panchayat Samity concerned within the prescribed 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 of Obligatory
every Gram Panchayat, so far as its funds may allow, to make reasonable d u t i e s
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 32. (1) A Gram Panchayat shall also perform such other functions as the
of Gram State Government may assign to it in respect of------
Panchayat.
(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 33. Subject to such conditions as may be prescribed, a Gram Panchayat may,
duties of Gram
Panchayat.
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 34. Where the State Government assigns any function to a Gram Panchayat
Government under Section 32 or where it directs a Gram Panchayat to make provision for any
to place fund.
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 35. (1) No person shall erect any new structure or new building or make
building any addition to any structure or building in any area within the jurisdiction of
operation.
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 37 (1) Subject to such conditions or restrictions as may be prescribed, a

Gram Pan- Gram Panchayar shall have control over all public streets and water-ways
chayat over within its jurisdiction other than canals constructed, maintained or controlled
public street,
water ways
by the State Government, not being private property and not being under the
and other control of the Central or State Government or any local authority, and may do
matters. 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 respect 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 39. (1) A Gram Panchayat may, by written notice, require the owner or
Panchayat to occupier of any land or premises, containing a tank or similar deposit of
prevent growth water, after taking into consideration his financial position, not to allow water
of water-
hyacinth or any other weed which may pollute water to grow thereon and
hyacinth or
other weed to eradicate the same therefrom within such reasonable period as may be
which may 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 40. In the event of an outbreak of cholera or any other water borne
power on infectious disease in any locality situated within the local limits of the
out-break of jurisdiction of a Gram Panchayat, the Pradhan, the Upa-Pradhan or any other
epidemic.
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 served Power on

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

42. (1) Subject to such rules as may be prescribed , two or more Gram Joint Commit-
Panchayats may combine, by a written instrument duly subscribed by them, to tees.
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.

43. (1) A Zilla Parishad or Panchayat Samiti, may with the concurrance Delegation of
of the Gram Panchayat and subject to such restrictions and conditions as may functions by
Zilla Parishad
be mutually agreed upon, delegate to such Gram Panchayat, any of its and Pancha-
functions in the manner prescribed. yat Samiti.

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

(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 charge by
the retiring
of the Pradhan's office. Pradhan as
to the new
Pradhan.
(2) If the retiring Pradhan or the person holding charge of the 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 48. (1) Every member of a Gram Panchayat may call the attention of the
individual State Government to any neglect in the execution of any work or duty assigned
members. 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 such access.

Pradhan, Upa- 49. No Pradhan, Upa-Pradhan or member shall be paid from the funds at
Pradhan or
member not the disposal of or under the control of the Gram Panchayat any salary or
to receive remuneration for services rendered by him whether in his capacity as such or
salary etc. 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.

CHAPTER IV
Staff of Garm Panchayat
Secretary 50. (1) For every Gram Panchayat there shall be 1[one or more] Panchayat
of Gram Secretaries appointed by the State Government.
Panchayat.
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
Panchayat.
may be required by it and may fix the salaries and allowances 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 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 to Exercise of
any general or special directions as the State Government may give in this powers etc.
behalf, the officers and other employees employed by the Gram Panchayat and by the
officers and
the officers and other employees whose services have been placed at the employees.
disposal of the Gram Panchayat shall exercise such powers, perform such
functions and discharge such duties as the Gram Panchayat may determine.

CHAPTER V
Property and Fund of Gram Panchayat

53. A Garm Panchayat shall have power to acquire, hold and dispose of property Power to
acquire
and to enter into contracts : 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 54. Subject to such restrictions or conditions as the State Government may
vested in think fit and proper, all properties of the nature specified below and situated
the Gram within the local limits of a Gram Panchayat shall vest in and belong to the
Panchayats. 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 been
paid from the Gram Panchayat Fund, such work shall not be excluded from
the operation of this Act or any specified Section of this Act except after
consideration of the views of the Gram Panchayat at a meeting.

Allocation 55. The State Government may allocate to a Gram Panchayat any public
of property property situated within its lical jurisdiction, and thereupon such property shall
to Gram
vest in and come under the control of the Gram Panchayat.
Panchayats.

Acquisition 56. (1) Where a Gram Panchayat requires land for carrying out any of the
of land purposes of this Act, it may negotiate with person or persons having interest in
for Gram the said land and if it fails to reach an agreement, it may make an application in
Panchayats.
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 or, Power to
with the sanction of the prescribed authority from the Central Government or, b o r r o w
from the banks or other financial institutions for furtherence of its objectives money.
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 59. (1) Subject to such rules as may be made in this behalf, a Gram
tax by Gram Panchayat may impose yearly, on lands and buildings within the local limits of
Panchayats. 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 60. (1) Subject to such maximum rates as the State Government may
and 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 imposing Appeal against
imposition of
tax or levying rate, fee or toll in such manner as may be prescribed before the
tax, levy of
prescribed authority and the decision of the prescribed authority in appeal rate, toll or
shall be final. fee.

62. All dues on account of taxes, rates, tolls or fees payable to Gram Recovery of
tolls taxes,
Panchayat under this Act shall be recoverable as arrears of land revenue. rates or fees
as arrears of
land revenue.
63. (1) The State Government may remit the whole or part of any tax Remission
imposed or rate, toll or fee levied by a Gram Panchayat in respect of any or revision
period after the commencement of this Act. 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 Budget of
such manner as may be prescribed cause to be prepared in each year a budget the Gram
Panchayat.
of its estimated income and expenditure for the following year and 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 65. A Gram Panchayat may prepare in each year a supplementary estimate
Budget. 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
Constitution of Panchayat Samiti

Creation of 67. (1) The State Government may, by notification , divide a District into
Block. 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
1
fit [.............] 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.

69. (1) When any Gram Panchayat is excluded from a Block under clause Effect of
(a) of sub-section (3) of Section 67, such Gram shall , as from the date of the alteration of
the area of
1. Deleted by The Tripura Panchayats ( Second Amendment) Act, 1998, Block.
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 70. (1) Every Panchayat Samiti shall consist of-------

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
 47

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

74. (1) The first General Election or General Election, as the case may General
be , of the members of a Panchayat Samiti shall be held under the provisions of Election
this Act and of the rules and orders made 1[thereunder before such date as the to the
State Election Commission in consultation] with the State Government may, Panchayat
by one or more noftification in the Official Gazette specify. Samiti

(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- 75. Subject to the other provisions contained in the Act, a person shall not
cation of be qualified to be a member of a Panchayat Samiti, if-------
members of
Panchayat (a) he is a member of any municipal or other local authority
Samiti.
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 77. (1) Notwithstanding anything contained elsewhere in this Act at a

members elected General Election of the members of a Panchayat Samiti-------
at a general
election to
function when
(a) if the election of any member from any constituency can not
election of 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 manner, Chairman Vice-
one of its directly elected members to be the Chairman and another member to Chairman.
be the Vice-Chairman of the Panchayat Samiti :

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.

80. (1) A Chairman or a Vice Chairman or a member of Panchayat Samiti Resignation

may resign his office by writing under his hand to the prescribed authority of Chairman,
Vice Chairman
and, on such resignation being accepted , the Chairman , the Vice Chairman o r member.
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 81. (1) The prescribed authority may, after giving opportunity to a
member of member of a Panchayat Samiti (other than an ex-officio member) to show
Panchayat cause against the action proposed to be taken against him, by order remove
Samiti.
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 82. A Chairman or a Vice-Chairman of Panchayat Samiti may, at any time,

Chairman/ be removed from office by a resolution of the Panchayat Samiti carried by the
Vice Chair-
man.
 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 section Filling of

82 or when a vacancy occurs in the office of a Chairman or a Vice- Chairman causal vacancy
of the office of
by resignation, death, or otherwise, the Panchayat Samiti shall elect another Chairman/
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
in the office of
filled by election in the prescribed manner.
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 person or member
filling casual
in whose place he is so elected.
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,
the Vice-
(2) Every member of a Panchayat Samiti, other than the Chairman or
Chairman and
the Vice-Chairman, shall be entitled to receive such sitting fee, as may be others.
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) on p a n c h a y a t
such date and at such hour as the Panchayat Samiti may fix at the immediately Samiti.
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 of 88. A list of the business to be transacted at every meeting of a Panchayat

business to
Samati, except at an adjourned meeting, shall be sent to each member of the
be transacted
at a meeting. Panchayat Samiti in the manner prescribed, along with the 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.

Block 90. The Block Development Officer shall attend meetings of the Panchayat
Development Samiti and shall participate in the deliberations thereof.
Officer to
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

Panc h a y a t
(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 a State
Panchayat Samiti, place any road, bridge, ferry,channel, building or other Government
may place other
property vested in the State Government, and situated within the Block, properties under
under the control and management of the Panchayat Samiti subject to such the control
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.
Power of
95. A Panchayayt Samiti may transfer to the State Government or to the Panchayat
Zilla Parishad or to a Gram Panchayat, any road or part of a road or any Samiti to
transfer roads
other property, which is under its control or management , or which is vested or properties
to the State
in it, on such terms and conditions as may be agreed upon. Govt. or Zilla
Parishad or
Gram Panchayat.
96. A Panchayat Samiti may take over the maintenance and control of any Panchayat Samiti
road, bridge, tank, ghat, well, channel or drain, belonging to a private owner may take over
or any other authority on such terms as may be agreed upon if it is required works.
for public purpose.

97. A Panchayat Samiti may divert, discontinue or close temporarily any Power of Pan-
road, which is under its control and management or is vested in it, and may, chayat Samiti
to divert,
with the approval of the State Government, close any such road perma-
discontinue or
nently. close road.

98. (1) A Panchayat Samiti may be vested by the State Government Vesting Pan-
with such powers under any local or special Act as the State Government chayat Samiti
may think fit. with certain
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 99. (1) A Panchayat Samiti shall exercise general power of supervision
supervision over Gram Panchayats in the Block and it shall be the duty of these authorities
by Pancha-
to give effect to the directions of the Panchayat Samiti.
yat 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

(iii) to furnish or obtain any report or information.

Power of 100. A Panchayat Samiti may require the owner or the lessee of a hat or
Panchayat market or an owner or a lessee of land intending to establish a hat or market
Samiti to thereon, to obtain a licence in this behalf from the Panchayat Samiti on such
grant lice-
nce for hat
terms and conditions as may be prescribed and, subject to the provisions of
or market. 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 Panchayat duties of
Chairman and
Samiti ; 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

S t a f f of 102. (1) There shall be an Executive Officer for every Panchayat Samiti and
Panchayat the Block Development Officer shall be the ex-officio Executive Officer :
Samiti.

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 the employees of
the Panchayat Samiti.

Placing the 103 (1) The State Government may place at the disposal of Panchayat Samiti
services of the services of such officers and other employees ( including anyofficer and
State Govern-
official from amongst persons employed by existing local authorities) serving
ment officers
at the disposal under it and on such and conditions as it may think fit : 1[ and all such officers
of Panchayat and employees shall comply with instructions as may be issued in this respect
Samiti. 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
Panchayat
(2) The Executive Officer may award any punishment other than 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.

105. (1) An appeal shall lie to the Panchayat Samiti against an order of Appeal.
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 106. Subject to the provisions of this Act, the rules framed thereunder and to
Powers etc. any general or special directions given by the State Government in that behalf,
by the offic- the officers and other employees employed by the Panchayat Samiti and the
ers and
employees.
officers and other employees whose services have been placed at 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 107. (1) The Panchayat Samiti shall have the following Standing Commitees--
Commit-
tees of the
(a) Finance, Audit and Planning Committee, to be known as
Panchayat
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 matters committees.
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 110. (1) There shall be an Executive Committee for every Panchayat Samiti
Committee. 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 the vacancy.
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
of property.
Provided that in all cases of acquisition or disposal of immovable
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.

113. (1) For every Panchayat Samiti, there shall be constituted to a Panchayat
Panchayat Samiti Fund bearing the name of the Panchayat Samiti and there Samiti Fund.
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

water for 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
sinking
relating to the raising of loans by local authorities for the time being in force,
funds. 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
Panchayat 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 Executive Function of
Officer, shall ------ the Executive
officer and
other Officers.
(a) exercise all the powers specifically imposed or conferred
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 121. (1) For every District there shall be constituted a Zilla Parishad
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.
 82

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 122 (1) The Zilla Parishad shall consist of ----

of the Zilla
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.
Reservation
124. (1) Seats shall be reserved for-----
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 office125 (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 provisions
to the Zilla of this Act and of the rules and orders made thereunder before such date as the
State Election Commission in consultation with the State Government may, by
Parishad.
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 shall Disqualifi-
be disqualified for being a member of the Zilla Parishad--------- cation on
the ground
(a) if he has voluntarily given up his membership of such of defection
political party ; or
and decision
thereon.
(b) if he votes or abstains from voting in the Zilla 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 when not be held ; or
election of
members (b) if held, result of such election can not be published in the
from some Official Gazette by reason of the order of a court or for
constituen-
any other reason within such time as the State Government
cies can not
be held.
considers reasonable.

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 manner,
Sabhadhipati 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
allowances of
Sabhadhipati shall be such as may be prescribed.
the Sabhadhi-
pati Sahakari
(2) Every member of the Zilla Parishad, other than Sabhadhipat and Sabhadhipati
Sahakari Sabhadhipati, shall be entitled to receive such sitting fee as may be and members.
prescribed :

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 Resignation

Parishad may resign his office by notice in writing expressing his intention to of Sabhadhipati
Sahakari
do so to the prescribed authority and, on such resignation being accepted, the Sabhadhipati
Sabhadhipati, the Sahakari Sabhadhipati or the member, as the case may be, or member.
shall be 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 Zilla Parishad
within thirty days of such acceptance.

134. (1) The Prescribed authority may, after giving opportunity to a Removal of
member of a Zilla Parishad, other than ex-officio members, to show cause members of
against the action proposed to be taken against him, by order, remove him 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 135. (1) A Sabhadhipati or a Sahakari sabhadhipati of a Zilla Parishad

Sabhadhipati may, at any time, be removed from his office by a resolution of the Zilla Parishad
and Sahakari carried by the majority of the existing elected members of Zilla Parishad at a
Sabhadhipati.
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 from the date
of such rejection of the motion.
Filling of
casual 136. If the office of Sabhadhipati or Sahakari Sabhadhipati falls vacant or in
vacancies. 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 137. If the office of an elected member of a Zilla Parishad becomes vacant
casual vacan- by resignation, death, removal or otherwise, the vacancy shall be filled by
cies in place
of elected election in the prescribed manner.
members.

Meeting of 138. (1) Every Sabhadhipati or Sahakari Sabhadhipati elected under

Zilla Pari- Section 136 and every member elected under Section 137 to fill a casual
shad.
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 may Zilla Pari-
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
business to
Parishad, except at adjourned meeting, shall be sent to each member of the
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 144. (1) Subject to the general or special orders of the State Government,
powers Zilla Parishad may--------
of Zilla
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 Officer D e l e g a t i o n

or any other officer any of the powers conferred by or under this Act on Zilla of powers.
Parishad.

147. The State Government may, from time to time, with the consent of Zilla State
Parishad place any road, bridge, ferry, channel, building and other properties Government
may place
vested in the State Government and situated within the District under the
properties
control or management of Zilla Parishad subject to such conditions as it may on Zilla
specify : 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
Parishad to
sioners of a Municipality, a Panchayat Samiti or a Gram Panchayat any transfer roads
road or part of a road or any other property which is under its control or to the State
management or which is vested in it, on such terms and conditions as may be Government
or Panchayat
agreed upon. 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 thinkfit. Zilla Parishad
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 150. (1) Zilla Parishad shall exercise general power or supervision over
supervision the Panchayat Samitis and Gram Panchayats in the District and it shall be the
over Panchayat duty of these authorities to give effect to any directions of Zilla Parishad.
Samiti and
Gram Pan-
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 meeting
of such Panchayat Samiti or Standing Committee or Gram Panchayat is held in
accordance with the provision of this Act or the rules made thereunder ,

Powers, fun- 151. (1) The Sabhadhipati shall -----

ctions and
duties of
(a) be responsible for the maintenance of the records of the
Sabhadhipati
and Sahakari Zilla Parishad ;
Sabhadhipati.
 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
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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.

S t a n d i n g 152. (1) Zilla Parishad shall have the following Standing Committees namely :-
Committees.
(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 F u n c t i o n s
functions relating to ------ of 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.
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(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 154. (1) The members of a Standing Committee shall elect, in such manner as
Secretary. 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.
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(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 his Resignation.
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 Executive
consisting of the Sabhadhipati and the Sahakari Sabhadhipati and Presidents of all Committee.
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.
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CHAPTER V
Staff of Zilla Parishad

Staff of Zilla 157. (1) There shall be a Chief Executive Officer, who shall be the District
Parishad. 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.
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158. The State Government may place at the disposal of Zilla Parishad, services Placing the
of such officers or other employees serving under it and on such terms and services of
conditions as it may think fit : 1[ and all such Officers and employees shall comply State Govern-
ment officers
with instructions as may be issued in this respect 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.

159. The State Government shall have disciplinary control over the Chief Disciplinary
Executive Officer, the Additional Chief Executive Officer, Secretary and power of the
State Govt.
officers and employees whose services are placed at the disposal of the Zilla
Parishad under section 158.

160. (1) The Chief Executive Officer shall exercise control over all Control and
officers and other employees of the Zilla Parishad. punishment
of the Staff 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.

161. (1) An appeal shall lie to the Zilla Parishad against an order of Appeal.
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.

162. (1) Subject to the provisions of this Act, and rules framed thereunder Exercise of
and to any general or special directions given by the State Government in that powers, etc.
by the officers
and employees.
1. Inserted by The Tripura Panchayats ( Second Amendment) 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 163. A Zilla Parishad shall have the power to acquire, hold and dispose of
acquire, any property and to enter into contracts :
hold and
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- 164. All roads, buildings or other works constructed by the Zilla Parishad
tructed by a
Zilla Pari- with its own funds shall vest in it.
shad to vest
in it.
Allocation 165. The State Government may allocate to a Zilla Parishad any public
of properties property situated within its jurisdiction, and thereupon, such property shall
to Zilla vest in and come under the control of the Zilla Parishad.
Parishad.
Acquisition 166. Where a Zilla Parishad requires land to carry out any of the purposes of
of land this Act, it may negotiate with any person or persons having interest in the
for Zilla said and, and if it fails to reach an agreement it may make an application to the
Parishad.
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- 167. (1) For every Zilla Parishad there shall be constituted a Zilla Parishad
shad Fund. 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 ;
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(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, 168. (1) Subject to such maximum rates as the State Government may
fees and 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
tolls, rates or
under this Act shall be recoverable as arrears of land revenue. fees as
arrears of
land revenue.
170. (1) The State Government may remit the whole or part of any 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 from may raise loan
and create a
time to time, with the approval of the State Government, loans for the sinking fund.
purposes of this Act and create a sinking fund for the repayment of such loans.

172. Notwithstanding anything contained in Section 171, a Zilla Parishad Zilla Parishad
may borrow money from the State Government or, with the previous sanction may borrow
of the State Government, from the Central Government or banks or other money.
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.

173. (1) Every Zilla Parishad shall , at such time and in such manner as Budget of
may be prescribed, prepare in each year a budget of its estimated receipts and the Zilla
Parishad.
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- 174. The Zilla Parishad may prepare in each year a supplementary estimate
tary budget.
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
Rgistration
Government to be the Electoral Registration Officer and
Office/Assist.
one or more persons as Assistnat Electoral Registration Electoral
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 names
for election
of members of the persons qualified to vote.The electoral roll shall be prepared in
of Gram accordance with the provisions of this Act and the rules made thereunder.
Panc h a y a t ,
Panchayat
Samiti and
Zilla Parishad.
Disqualifi- 178. (1) A person shall be disqualified for registration in an electoral roll
cation for if he ------------
registration
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 to No person to
a Gram Panchayat, Panchayat Samiti or Zilla Parishad area shall not be be registered
in the electoral
entitled to be registered in the electoral roll for a constituency relating to roll relating to
any other Gram Panchayat, Panchayat Samiti or Zilla Parishad area or in the more than
electoral roll for any Municipality or Notified Area Authority established one local
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
in any consti-
(2) No person shall be entitled to be registered in the electoral roll tuency.
for any constituency more than once.

181. Subject to the provisions of Sections 177,178,179 and 180 every Conditions of
registration.
person who -----

(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.

182. (1) A person shall not be deemed to be ordinarily resident in a Meaning of

constituency on the ground only that he owns, or is in possession of, a o r d i n a r i l y
resident.
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, 183. (1) The electoral roll for each constituency shall be prepared by the
revision and Electoral Registration Officer in the prescribed manner with reference to
correction the qualifying date and shall come into force immediately upon its final
of electoral
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 application Inclusion

made to him, or on his own motion, is satisfied after such enquiry as he thinks of names
in electoral
fit that any entry in the electoral roll of the constituency------- rolls.

(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.

185. (1) Any person whose name is not included in the electoral roll of a Inclusion
constituency may apply to the Electoral Registration Officer in the prescribed of names
in electoral
manner for the inclusion of his name in that roll. rolls.

(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 187. Every application under Section 184 or Section 185 and every appeal
applications under Section 186 shall be accompained by the prescribed fee which shall,
and appeals. in no case, be refunded.

Penalty for 188. If any person makes in connection with-------

making false
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 189. No Civil Court shall have jurisdiction-------

of Civil Courts
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,
Panchayat
(a) in the case of a seat reserved for the Scheduled Castes, or Samiti and
for the Scheduled Tribes, he or she is a member of any of 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 192. Notwithstanding anything in this Act, no court shall have any jurisdiction
Jurisdiction in respect of any matters connected with the disqualification of members of
of Court. 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 Panchayat, Powers of State
Government to
Panchayat Samiti or Zilla Parishad ------
dissolve Gram
Panchayat, Pan-
(a) has shown its incompetence to perform, or has persist- chayat Samiti
ently made default in the performance of, the duties or Zilla Parishad.
imposed on it by or under this Act or any other law;

(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 Consequences
194, then with effect from the date of the order------ 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 High of Panchayat
Election
Court, to dispose of all election petitions challenging elections under this Act.
Tribunal.
The jurisdiction, powers and functions, and headquaters of these 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 rules official duty
in connection
framed thereunder, to perform any official duty in connection with the prepara- with prepa-
tion, revision or correction of an electoral roll or the inclusion or ration etc.
of electoral
exclusion of any entry in or from that roll, is, without reasonable cause, 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 200. (1) No person shall convene, hold or attend any public meeting in any
on Public area of a constituency during the period of 48 hours ending with the hour fixed
meeting
before
for the conclusion of the poll for any election in that constituency.
election.
(2) Any person, who contravenes the provisions of sub-section (1)
shall be punishable with fine which may extend to one hundred rupees.

Prohibition 201. (1) No person shall, on the date or dates on which a poll is taken in
on canvassing any polling station, commit any of the following acts within the polling station
in or near
or in any public or private place within a distance of 100 metres of the polling
polling
station 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.

203. (1) Any person, who during the hours fixed for the poll at any polling Penalty for
station misconducts himself or fails to obey the lawful directions of the misconduct
at Polling
Presiding Officer, may be removed from the polling station by the Presiding station.
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 204. (1) Any person, who at any election fraudulently takes or attempts to
ballot paper take a ballot paper out of a polling station or wilfully aids or abets the doing
from Polling
of any such act, shall be punishable with imprisonment for a term which may
station to be
an offence. 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 205. (1) A person shall be guilty of an electoral offence if at any
and penalties election he --------
therefor.

(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 206. (1) Where an election is held by ballot, every officer, clerk, agent
of secrecy of or other persons who performs any duty in connection with the recording or
voting.
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 election Polling Officer at an election or an officer or clerk appointed by the Returning
not to act for
Officer or the Presiding Officer to perform any duty in connection with an
the candidates
or influence election shall, in the conduct or the management of election, do any act other
voting. 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 reasonable cause, guilty of any act or omission, in breach of his official duty,
in connection
with election.
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 unless in certain
there is a complaint made by an order of, or under the authority from, the State offences.
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 ;

(vi) gives or procure the giving of a vote in the name of an

elector who is not the person giving such vote ;

(vii) 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 :

(viii) 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

(ix) 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- 211. If the Election Tribunal sets aside an election under Section 198, he
tion of persons may, if he thinks fit, declare any person by whom a corrupt practice has, in
who commit
corrupt prac-
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 Panchayat
a candidate. 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 212. Where by an order under Sectiion 211, the election of a returned
done by a candidate is deemed to be void, acts and proceedings in which that returned
member before
election is
candidate has, before the date thereof, participated as a member of any
set aside. 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 213. No court shall grant an injunction-----

interference
by courts
in election
(i) to postpone the election of a member or any other
matters. 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- 214. (1) The Governor shall as soon as may be within one year from the
mission for commencement of the Constitution ( Seventy third) Amendment Act, 1992,
Panchayat.
 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.
 139

(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 decision Power over
decision of
taken by any of its Committees. the Commi-
ttees.
217. (1) Notwithstanding anything contained in the Indian Oaths Act, 1873 Oath of
( Act 10 of 1873), every person who is elected a member of a Gram Panchayat, affirmation
by members
a Panchayat Samiti or a Zilla Parishad shall, before taking his seat, make and of Gram
subscribe, before such authority as may be specified by the State Government Panchayat,
in this behalf, oath of affirmation of his allegiance to the Constitution of India Panchayat
Samiti and
according to the form set out for the purpose in the 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 r e s c i n d 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 under
Samiti and this Act or in rules made thereunder.
Zilla Parishad.
(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 219. Unless otherwise provided elsewhere in this Act, whoever contravenes
infringement any provisions of this Act, shall be punishable with fine, which may extend to
of the provi-
sions of the five hundred rupees and when the breach is a continuing one, with a further
Act. 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 220. In making rules the State Government in making bye-laws the Gram
of Rules or Panchayat, in making regulations the Panchayat Samiti and in making
bye-laws or
regulations. 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 221. (1) Whoever removes, displaces or makes an alteration in or

tampering
with the
otherwise interferes with any pavement, gutter or other materials of public
Panchayat streets , or any fence, wall or post thereof, or a lamp post or bracket, direction
property. 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 one thousand rupees.

District 222. (1) The Government shall constitute in every District, Planning
Planning Committee to consolidate the plans prepared by the Zilla Parishad, the Panchayat
Committees.
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 223. (1) As soon as may be after the first day of April in every year, and
Administration not later than such date as may be fixed by the Government, the Executive
report. 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 224. (1) A Gram Panchayat may, subject to the provisons of this Act and the
Gram Pan- rules made thereunder and with the previous sanction of the prescribed
chayats to authority, make bye-laws to carry out the purposes of this Act in so far as this
make bye-
relate to its powers and duties.
laws.

(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 225. (1) A Panchayat Samiti may subject to the provisions of this Act and
Panchayat the rules made thereunder and with the previous sanction of the Government,
Samitis to
make regu- by notification published in the Official Gazette, make regulations to carry out
lations. 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 the Power of
rules made thereunder, with previous sanction of the State Government, by Zilla Pari-
notification, make regulations to carry out the purposes of this Act in so far as shads to
make regu-
these relate to its powers and duties.
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 the Power of
rules made thereunder, after previous publication of the draft for not less than Government
one month, make model regulations, detailed regulations and bye-laws for to make model
regulations.
Gram-Panchayat, Panchayat Samiti and Zilla Parishad.

(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 Rules and
Official Gazette, make rules for carrying out the purposes of this Act. orders to be
laid before
the House of
(2) Every rule made under this Act shall be laid as soon as may be after it the State
is made, before the State Legislature while it is in session for a period of fourteen Legislature.
days which may be comprised in one session or in two or more 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 Act, Removal of
the State Government may by an order, published in the Official Gazette, as difficulties.
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 230. (1) The Tripura Panchayats Act, 1983, and the Tripura Block Panchayat
savings. 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.

~~~~~~~
 Published ill the
BXTRAORDINARYISSUE OF TRIPURA GAZETTE

Agadaia, Tn ursday JJ December 1994 A. D. Pausa I, 1916 S. E.

Gevernraeut of Tripara
Law Departm cnt

No, F· 10 (19)-La*/Leg/94 Dated, Agartala, the 8th December, 1994.

Tbe following Act of the Trip ura [,egislative Assembly received the
assent of the GOvernor on the 2nd December" 1994 and is hereby published
for generalinformaticn
 NO. 10 of 1994.
T TRIP PAN (FIRST Al\'~tENDMEN'r) 1994
A

amend the pura

enacted the Tri on Legislative Assembly in Year

I{epubHe India as Iol

L TITLE A D COlvHvlE M r
(1) Tbis (First Amend ..
Act. 1
(2) It into force at

2. A OJ?
In Tripura Act, 1 . nafter referred to as
~,(i) both the and the second of

( In s
cly ><-
nd the on he han, Upa Pradhan or an elected
shall 11ave right to v
3.. [) ON 42
In IOn of section following
sub-section
c onstit uent Gram
shall the con ..
their decision thereon
nstitucnt (iramPancllayats."
A

HI S on r word
ution' in f ourth Tino, c cr h or e S da
ommission in consultation," shall l'}cinscrted.
AM

the i} both (he o second

oVISQ of sub-section (5),

following shall add the end,

on di H to
 NDtvtBNT 109
In Section 109 01" Principal

(1) in s n (I) for the

State overnment
substituted.
(ii) after
The t shall
out of the I)anch~iya t
Samiti fund such and the
shal] be entitled
to leave ·ofabsence for such period or periods aod on such
t ~~.Sthe State Government may, by order direct
msv.by rul behalf, prescr! be .."

7, AME.NDMf!NT 01'" 1
In Prineiplll • in Section 1
both the to on (4) shall
deleted' ,
(ii) ), the r ,vi words shall be added at the end
nam

8. Alv1EN SECTION 191. :--

After sub-section (2) of 191 a new sub-section shan be added
namely :'~-,
~'(3) I simultaneously of aPanchayas SaJuiU
or a If li is elected to .,Panch~lY(U Samiti and ZiU<\.
or a. one body subsequently elected
anoth cr, in of the two
or in the body ucu.Uy elected, submit s:gnation from
If fails to do both at
Samiti and Parishad which rs or, tho
case to which m:!ntly shall to

.1 nsertion of new on.

III the Principal 210 following new Se ion shal! be

namely :--,

on 21 (O If as to the validity the election

on and of ) 1'aoC11::1.)1.L£S~Hniti 017
ure Zina candidate of any person entitled to vote at
such election hin days from the of
on of such, present in on a petition caHill!; in
qu on such the Pauchayat Trjbuual having juris ..
on Co under t and the same time deposit in the
unal s as t)C beine the
"'-.,.'
likely to incurred.
( election of anymember of a Gram Panchayat, Panchayat Samiti
Parishad snall be xalledin question except on anyone or more of
nn
(a) on the date of election the returned candidate was not
qual or was disqualified to be chosen to fill the seat or the
chayat or, as. the maybe, thePancbay~!t Samiti
or the Parishad ;
t any corrupt as defined in on 210
commited tho returned candidate or the election Agent or
by any with the c of the returned candidate or his

result of the ti on, in so as concerned the

returned candidate) bas beeu rnateriallyafleeted :~,
(i) by nee or . ection of any nomi on ; or
(Ii) of tion of any vote; or

i) on ult 00 bas uuting of

; or

(i by noncompliaucc of the provisions of tbis or

the R ules or orders made thereu nder ; or
by offences as may be prescribed",

P. K Sarkar
[,. R·& Secretary f La",
overnment of Trip ura,
 OF

(;OVERN~:IENT or TRII*URA

1
 'rilE T.RU'URA PANCHAYATS ( SECOND AMENDMENT) .ACI', 1998•

.A.N

ALT.

BE it enacted by the Trlpura Legislative Assembly in the FortY'1l1,inth year

of the Republic of India as follows :~w=

I. (1) This may be called "Trlpura Panchayats (Second Amendment)

Short dUe and
commencement Act, 1998.""
(2) It shallcome into force from such date or dates and in such area
or;, areas as the State Government may, by nodficat1OIl appoint and difierent
t

dates may be appointed for different Sections and for different areas,
2. In the Tripura Panchayats Act, 1993 (hereinafter referred to as
Amendment of
Section 2. the Principal Act) in Section 2-
(a) (4), the following clause shall be inserted
namely->
"(4,,~) "Beneficiary" meansan individual or a family. ora group of
person; or a Cooperative Society as defined in the relevant law for tbe 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 Pancha .•
yat.] Raj Institution and any scheme .of Central Government implem.entcd
through the
State Government or an AutCH10mousBody including l).

Panchayati Ra] Institution. H

for clause (10), the following clause be substituted namely

4<(10) "Director of Panchayats" means
Director of Panchayats,
Government of Tripura and includes any Offtcer appointed by the State
Government to' exercise and perform all or any of the powers and functions
of Director of Pancheyats under this Act"
(c) for clause (12), the fonowing clause shall be substituted,
namely -«

"(12) "District f!t1agistrate" 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
exercise and perform all or any of the powers and Tunctions of Distric
Magistr.ate under this Act. n
(d) for clause (l3)~ the foUowi.ng clause shan be substituted
namely-
"0 J) ""District Panchayat Officer" means the District Panchaya
Officer or any other Ojficer as may be appointed by the State Govemmen
to exercise and perform all or any of the powers and functions of Distric
Panchayat Officer under this Act."
 for (14), the fQUo':vingclausc :shaH be substituted,
namely
HDistrictPlannmg Committee" means
notified the State

(f)

"(UsA) "Gram SansadHa body consisUng

time t he Electoral Rolls pertaining to a
of constituencies deHmitedfor the last
Gram Panchavat."
.'
(g) for clause (22), the f(}Uo\ving clause shall

,4\.uthoritvr, me~U1S the local autll0rltv

being . includes the Trlpura Tribal
Autonomous Municipal Authorities, Notified
Authorities and Cantonment Authorities. H

(I)1, the Iollowing clause shall be

"(42) a Sub-Divisional
Revenue SUbRDivision and rincludes any Officer
and or (111)" the
Sub-Divisional Officer under n

In Principal Sub-section
tion and Hand afterC{)llsultingthe Panchayat 01'
Pallchayats. concerned constituted under provisions of this Act,"
after the word and punctuation mark be
4., In the Principal Act, in Section () .~.~

(1)

(1) the words and punctuation mark "Autommmus "

shall be inserted after the word and punctuation mark
"Cantonment," and before the the
Panchayat" ,

(ii) the punctuationmark", shall be inserted after the

hC~ultomnent Authority" and the "or Trlpura
Tribal Areas AutonOlll(lUS District Council" shall
inserted before the words . the case
(b) In Sub~$ectioll (2) ~

0) the words and punctuation

mark "the Tripura Tribal
Areas Autonomous District Counci]," shall
after the words and punctuation mark "Cantonment,"
before thewords "the area",
 (ii) the punctuation mark and the words H Tripura Tribal
Areas AutmlomousD.istrict Connell' shall be
after the word "Cantonment' the
the case
AmerHinHmt of Principal Act, substituted.
Sectjon 7.

HO) periodicity procedure for convening and conducting the

of the Gram Sabha or Gram Sans ad as the be, shall

(2) It be the responsibility of Pradhan

o f' Gram Sabha (It the Gram
Provided that in the absence. Pradhan, the Upa-Pradhan tnay
wit h specific approval Panchayat,"
of 6, III thePrincipal Act, Section the shall be
namely
"(1) consider the follcwing in such
manner as prescribed c--.
I, The annual
the report administration financial
and the last audit. note and replies made thereto ,
(h) The budget of the Gram Panchayat for the nextftnancial

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

Gram Panchayat relating to the preceding year and develop-
ment programmes proposed to be undertaken during the current
year. Such report shall be accompanied by full seatemeru of
funds available during the preceding year and funds
to be available during the current ftnancia! year ~
(d) .A report prepared under Section 30 and such report shall be
deemed to be modified to. the extent of the recommendations
and suggestions, if any, of the Gram Sabha r and
(e) Such other busiJaess relat.ing to the affairs of the Gram fan ..
cftayat rilay also be transacted at such meeting of the Gram
Sabha as may be a,reed upon by the persons presctlt and 3015<)
suchotherissues as referred by the Stale GOYCm.t11ent front
time to time.
(2) TI,e Gram Sansad vshall ceuslder the f()Uowingmatters in such
manner as l1HlY be prescribed "",'"
(a) Selection of beneficiaries ;
(b) Selection of sites for works of public utility;
(c) A full report ill of develol'Tllent pmgramlnes rei.lllting
to HlIe concerned constitueecies in t he preceding and
development l,rolrattlR~es proposed to be undertaken during
the current ·V.
."
ear .. and
. I
 (d) Such other issues referred by the State Government or Pan-
chayat from. time to time.
Amendment of In the Principal Act, (b) Sub-section (l) of
Seetionl Z
the following shall be substituted, namely
"(b) the members of the Panchayat Samiti from the constltaeney
comprised from any part. of the Gram. as ex..offido members
shall have no voting right in the meeting for and
removal of the Pradhan and Upa-Pradhan."
Amendment of g. In the Principal Act, Sub-sectlon (5) in Section 17, anew Sub-
Section 11
section will he namely
"(6) Notwithstanding anythingcontained in this Act if .any Gram
is created after any"," General Election foUowin~
.. . -_. ,- --- -" ---of area from a
-, '~~

Local Authority, the Gram Panchayat for such newly created Gram
be constituted by direct election under the provision of this Act and Rules
framed thereunder and such election in the created Gram shall
deemed to the First General Election,"
Amendment of 9, In the Principal Act, after Sub-Section (3)
Section 20
following proviso will be inserted. namely
"Provided that in the event of non-availability of member
belonging to Scheduled Oft as the case DUtY be, Scheduled Tribes.
the reservation rotation for the offlce of Pradhan will skip to next rctarlon ..·'
Amendment of 10. In the Principal Act" the existing provision of (4) of
Section 27
Section the fcllowing provision shall be substituted, nanrcly-«
HOne-third the total number of members plus one, including
ex-oflicio members entitled to attend, shall from the quorum a
a Gram
Provided that no quorum shall for an adjourned
meeting,"
Amendmen! of IL In the Principal Act, for Section 29. the foUo'wing shan be substituted,
Seerion 29 namely
UTile Gram Panchayat shan place for deliberation before the Gram
Sabha or the Gram Sansad, as the case may be, all such matters as are
specified in Section 10 of the Act, as may be prescribed,"
Aroel1chnCnt of [ In the Principal Aot, in Section 50-··
Se<:t.ioll SO
(a) in Sub-section 0) the word "two" after the word "be" and
before the word "Panchayat" shal] be substituted by
words "one or more" ;
(b) Sub-section (2) shall be deleted ; and
(c) Sub-section (3) shall be renumbered as Sub-section
Anrcndl1Jcmt cf In the Principal Act, in Sub-section
(2) of Section 51, the words
$1 "and all such Officers and employees shall ccmply with Instructiensas
be issued in this from time to time" shall be added after the word
"U.t " ,
Amendment of 14, In the Principal Act, in Section 58 ~~-
58
for the existing previsions
shall be substituted. namely
Every Gram Panchayat shall have the power to
such Bank or Postal accounts as: may be directed. hv~
~.

StetcGovernmcnt. H
(b) for the existing provisions. of Sub-section (5), the follo'li'ving
;.;haH be substituted, namely-e-
"(5) Subject to such the Gram Panchayat may
control
from time time, an
orders for payment from
the Gram Panchayat Fund shan be jioiutly signed by the
I)radhan Panchavat Secretary. In absence
Pradhan, the Upa-Pradhan luay sign jointly ,-vHh
Panchayat Secretary with prior speciilc epprcva] of the
Gram Panchayat,
Provided that no order for payment shallissue without prlorapproval of
Gram Panchayat",
.Amendment 15. In the Principal Act, in Sub..section (3) of Sectione? the words and
Secfion 67 punctuation mark Hand after consuldng the views of the Panchayat Samlti
" after t he "fit"

Amendment 16. Principal Act, in Sub-section (I) of Section 68, the punctuation
Se;:tion words. "Tripura Tribal Areas Autonomous District Council,
insertedafter the words "Notified Area Authority" and

71
(a) 0), Iollowiag shall be substituted namely
"0) The number elected members of a Panchayat Samiti
shan of elected from the
ill the Pancnayat Samlti area. as
notified from time to time by the Government
The directly elected members of a
Samiti shall not be than. nine and not more than
tUtecn as rllUy be prescribed",
(3). shall be

"Provided thatafter the General Election, jf due to of

any area from or inclusion of any area in a Panchayat Samiti, the number
of seats and constituencies for a Panehayat Samiti determined in the General
Election is affected, determination of total number of scats including
reservation of scats for Scheduled Castes and Scheduled Tribes and the
division of the Panehavar Sumiti area into ccnstitucncies shall be made
afresh before conducting next election, as may be prescribed ..
Provided further that where such determination of total number
of seats including determinationof seats reserved for Scheduled Castes and
 Scheduled Tribes and division o.f the Panchayat Samiti area into Consti-
tuencies is made. the rotation of the seats reserved for Scheduled Castes,
Scheduled Tribes and Women shall be made afresh before conducting next
election, as may be prescribed. H

Am~DjmfJnt of Ht In the Principal Act, after Sub-section (l) of Section 79, the following
Section 79 proviso will be inserted, namely ~*

"Provided in the event of non-availability of any elected

that
member belonging to Scheduled Castes or as the case may be Scbeduled
Tribes! the reservation rotation for the offtce of Chairman will skip to next
rotation. "
ArnendnlCfH of 19. In the PrincipalAct, in Sub •.section (4) of Section 87, the words and
Secticn 87
punctuation mark "including ex-officio members, entitled to attend" shan
be Inserted after the word "members" and before the word "shall",
t
Amendmen; ()f
20. In the Principal Act. in Sub-section (I) of Section 103~ the words "and
Section HH.
an such Officers andemployees shal1compJy with instructions as may be
issued in this respect from time to time" shall be added after the word tint".
Auiendmenr of 21, In the Principal Act, in Sub..section (5) of Section 109-
SeCll(m 109
(,1) t he words "The President or any member" shall be substituted for
the words "Any member".
(b) the words "President shall be inserted after the words and
punctuation mark "Panchayat Samiti", and before the, words "such
member",
Au-endment of 22. In the Principal Act! in Section 121~·
Section 121
(a) Sub-section (I) the words "Cantonment Area Authority" shan
be inserted thereinafter the words "Notified Area Authority" and
before the word "constituted".
(b) in Sub-section (3) lhew'ords and punctuation mark "and after
consulting the ZmaParishad or the Parishads concerned, H

appearing after the word "fit' and before the word "by" shall be
deleted.
Amendment In the Principal Act, in Section 123
See!ion 123
fellowing shall be substituted namely -c-
(a) in Sub-section (l),the
"( I) The number of elected members of a Zilla Parishad shall
consist of persons elected from the territorial. costitucncies Tn the zma
Parisimd areavas may be notified from time to time by the Government.
The number or directly elected members of a Zilla Parishad shall not be less
than nine and not more than forty as may be prescribed",
(b) in Sub-section (3) the following provisos may be added namely
"Provided that after the General Election, if due to exclusion of
any area from or inclusion of any urea in a Zilla Parishad, the number of
scats 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.
 Provided further that where such deterrnination of total number
of including determination of seats reserved for Scheduled Castes and
Scheduled Tribes and division of the Zilla Parishad area Iutcconstituencies
made. the rotation of the seats reserved for Scheduled Castes, Scheduled
Tribes and Women shall be made afresh before conducting next election as
may be prescribed,"

24, In the Principal Act, after Sub-section (6) of 126. a new

Amendment of
Section 126 Sub-section may be added namely =-
U(7) After the First General Election or General Election. if due
exclusion any area from or inclusion of any area in any ZiUajParlshad
area, the number of scats ami constituencies for a Zilla Parish ad determined
in the First. General Election (If General Election is affected,
determination of total number including ()f for
Scheduled and Scheduled Tribes and the division of the Zilla
Parishad area into constituencies shall have to be made afresh before next
General Election;
"Provided that where such determinationof total number of
including determination of seats reserved for Scheduled Castes and Scheduled
Tribes and division of the Zilla Parishad
rotation of the reserved for Scheduled Castes, Scheduled Tribes and
\Vorncn shall be made afresh in the next General Blcctien".

Amendtue.ut or 25. In the Principal Act, after Sub-section (1) of Section 131, the following
Section 13 1 proviso \",HI be inserted, namely-«
••Provided t11M in the event of non-availability any elected
member belonging to Scheduled Castes or as the case may be Scheduled
Tribes, the reservation rotation for the OmC\! of Sabhadhipati will skip to
next rotation."

26. In the Principal Act, ill Sub-Section (2.) of Section 139. the words
Amend ment of
Section 139 "including the ex-offlcio members, entitled to attend" shan be inserted after
the words "members of a Zilla Parishad" and before the word "shall",

27. In the Principel Act, in Section 158, the "and aU such Officers
AthendmeD t of
and employees shall comply with instructions as may be issued in this resoect
SectiQn 158
from time to time" shall be added after the word Hilt".

Al,\;\endment of 28. In the Principal Act, for Sections 117t l1S} 179, 180,. IS1, 1.82, 183,
Section 117 to 184. 1.85, 186. and 187 the following shall be substitu.ted.namely
137
H117. For each constituency, there shall be Electoral Rolls showing
the names of the persons qualified to vote. Electoral Rolls shan be prepa.red
in accordance with the provisions of this Act under the superintendence,
direction and control of' the St",te Election Commissioner, n

"'178. 0) The Stale ElectionL'·(Hnmissioner shaUl ill consultation. with

Notific,Hiou the State Govermnentt draw UI> the programme for publication of Electoral
r.::gardiug
programme for Rolls in draft and for final publication and other matter rc~ating to the
prepa rat ion o( preparation of Electoral Rolls.
Elcctora f RQ IJ$
 (2) The State Election Commissioner, shall. in relation to the preparation
or revision of Electoral Rolls for any constituency or. as the case may be,
constituencies of the Gram Panchayat, Panchayat Samiti and Zilla Parishad,
specify by notification published in the official gazette ~~
(a) the date for publication of Electoral Rolls in draft;
(b) the last date for filing claims and objections which shall not be
earlier than the seventh day of the dale of publication of the
electoral roll in draft under clause (a) above ;
(c) the period of disposal of claims and objections; and
(d) the date of final publication of the Electoral Rolls.
Provided that. the State Election Commissioner may, it he considers it
expedient so to do fOL sufficient reasons, extend the period for lodging of
claims and objections, period for disposal of such claims and objections and
may also make consequential changes with respect to the date for final
publicatio$.l of the Electoral Rolls."
Prenaration of "179. (I) Subject to the other provisions of this Act, so much of the:
6lectorai Roils
nd draft Electoral Rolls of" any Assembly Constituency or, as the case may be,
publication, Assembly Constituencies, for the time being in force. ,E relates to the area
comprised within the Gram Panchayats, shan be the Electoral Rolls for the
election of members of Gram Panchayat, Panchayat Sarniti and Zilla
Paris-had.
(2) The Electoral Rolls for each constituency of the Panchayat shall
be prepared by the Electoral Registration Officer appointed for that consti ..
tucncy by the State Election Commissioner under Sub-section (5) of Section
176 of this Act
(J)For the purpose of the preparation of the Electoral R(}Us of each
constituency of the Gram Panchayat, Panchayat Sarniti ~HHI Zilla Parisbad,
Electoral Rolls of any Assembly Constituency, or. as the case may be,
Assembly Constituencies, shall be split up in such manner as the Electoral
Registration Ofllcer may consider fit. proper and necessary,
(4) Electoral Rolls of each constituency of the Gram Panchayat,
Panchayat Samiti and Zilla Parishad, may be divided into convenient parts
which shall be numbered consecutively and shall be prepared in the form as
may be prescribed by the State Election Commissioner in Bengali or if so
directed by the State Government in any other language.
Provided that wherever necessary, the split tip Rolls referred to in
Sub-section (3) may be consolldated and in suchevent, the serial number of
the erectors may be renumbered so as to ensure consecutive serial numbers
of the electors of each part

(5) The Electoral Registration Officer shall publish the roll for a
constituency or, as the case may be, constituencies of the Gram Panchayat,
Panchayat Sarrriti and Zilla Parishad in draft by making (1 copy thereof
available for inspection and displaying the notice j n the form as may be
prescribed by the State Election Commissioner at his office and at such
place or places in the constituency, as may be specified by him for the
purpose,if his office is outside the constituency ;
 Provided that. such Electoral Rolls may be published in draft either
primed or otherwise as may be directed by the State Election Commissioner.
Provided further that such publication of Electoral Rolls in draft shall
be made on the date appointed by the State Election Ccmmissioner under
Sub •.section (l,) of Section 118.
(6) As soon as the Electoral Rolls for a constituency arc pubiishedin
dra Itin accordance with the provislonof Sub-secticn (5) above, the Electoral
Registration Offlcer shaH also give publicitv aswidclyas possible by
beat of drum or otherwise within the constituency that the Electoral Rolls
have been published and 1110.)' be Inspected at his office (luring office hours
on all working days and may also state in the notice, in the form as may
be prescribed by the Slate Election Commissioner, the other places at which
the Electoral Rolls may be inspected,"
Claims and "180. (1) Every claim for the inclusion ofa name in the Electoral Rolls
Ob.ietliof'ls. shall be in the Iorrn as may be prescribed by the State Election Commissicner
and signed by the person desiring his name to be included in the Electoral
Roll.

Prov iJed that no claim for inclusion of 1.1 name in the Electoral Rolls
of a constituency shall be entertained except on the ground that the name
of the person appears as an elector in that part of the Electoral Rolls of the
Assembly Constituency which relates to the constituency of the Gram
Panchayat, Panchayat Samiti and Zilla Parishad.

(2) Every objection to an entry in the electoral roll shall be in the form
~tsmay be prescribed by the State Election Commissioner and preferred by
it person whose name is already included in that Roll ; ,

Provided thatno objection for exchision of any name from the Electoral
Rolls shall be entertained except on the ground that such name has been
included in the Electoral Rolls of a constituency of the Gram Panchavat,
Panchayat Samiti and Zilla Parishad though such name does not appea~ in
the related Electoral Rolls of the Assembly Constituency.

(3) Every objection to e particular or particulars in an entry in the

Electoral Rolls shall be ~
(a) in the form as may be prescribed by the State Election
Commissioner: and
(b) preferred only by the person to whom that entry relates. H

Manner or "'181. Every Claim or objection shall be presented either to the Electoral
lodging claim Registration Officer or to such other officer as may be designated by him in
and objections,
this bchaU by the last date fixed by the State Election Commissioner under
clause (b) of Sub-section (2) of Sectloul78;

Provided that any claim or objection \vhich is not lodged within the
period or in the form as may: be prescribed by the Stale Election
~~ommissioner as in the manner herein specified shall be rejected by the
Electoral Registration Officer,"
 .~182, (1) "Every Officer designated under section 181 shall forward
Procedure Ier
disp<HsJ fer the claims and objections presented before him to the Electoral Registration
claims and ob- Officer with such remarks as he considers proper after having a prelhninary

(2) I f the Electoral RegisU'ation Oftleer is satisfied as to the validity

or anv clalm or objection, he may allow it without further inquiry, provided
there no demand in \vriting for holding an inquiry in the matter.
) Where the claim or objection is not disposed of under Sub~section (2)
above. the Electoral Rcgistratiou OfllceT shall fix the place, date and time
of hearing claims and objections and shall give notice of hearing-
(a) in the case of clajm~to the claimant in the form as may be
prescribed by the State Election C()mmissioncl' ;
(b) in the case of an objection to the indusion of a name, to the
objector and to the person objected to. in the forms as may
be prescribed by the State EJection Comnlissioner ; and
(c) in the ease of an objection to a particular or particulars in any
entry, to the objector in the form as may be prescribed by the
State Election Commissioner.
(4) Notice under Sub-section (3) may be given either personally Of
registered post or by aftlxing it to the person's residence or last known
residence within the constituency.
(5) On the date fixed for the hearing or to which the hearing may be
adjourned the Electoral Registration Offlcer shall hold a summary inquiry
into the claims. or, as the case may be, objections, and after considering
as may be adduced shall pass orders either allowing or disallowi.ng
the claims or, as the case may be the objections. H
••UB, (I) If it appears to the Electoral Registration Oftker that owing
1ncluslou of
namesIn the to inadvertence or error or otherwise during the preparation of Electoral
Electorai Rolls Rolls, thC!HUneS of electors appearing in the Electoral Rolls for any Assembly
iml9ycrtenaly Constituency and covered by a constituency of the Gram Panchayat,
ornitted.
Panchayat Samiti and Zilla Parishad have been left out of the Rolls and that
remedial action should be taken under provision of this Act. the Electoral
Registration Officer shall prepare a list of the names and the details of such
electors andcxhibi:ta C<Jpy of the list together with a notice in his office
stating the place, date andtimeat which the inclusion of these names in the
Electoral Rolls will be considered.
(2) A ftertonsidering verbal or written objection, if any, the Blectoral
Registration Officer, shall decide whether aU or any of the names should be
included in the .Electoral Rolls and shan pass order accordingly."

Flmd publi- "'1&4. (I) The Electoral Registration Officer shan lheredter
cation of (a) prepare a Iist ofamendments to carry out his decisions under
Electoral Rolls
Sub-section (2) and (5) of section IS2and under section 183
and to correct any clerical or printing error or ether inaccuracies
subsequently discovered in the Electoral Rolls ;
(b) publish the Rolls together\\tith the lists of amendments, by
 making a complete copy thereof available for inspection and
displaying a In Icrm, as may be by State
Election Commissioner, at his office ; and
(c) subject to such general or special direction as may be given by
the State Election Commissioner, supplied free of cost, two
copies of the Electoral Rolls as filially published with the lists
Or amendments, if any, to every political party for which a.
symbol has been exclusively reserved by the Election Commission
of India,

(2) On such publication, the Rolls together with lists of amendments

shall be the Electoral Rolls the constituency, n

(:~aill',\for '''185. (1) "Any person \Vh05e name is not included in tile
inclusk111 of Rolls of acot1stituencymay apply to the Electoral. Registration Officer
name after
final publka~ inclusion of his name in the Rolls in form. as may be prescribed by the State
Hon Election Commissioner.
Provided that no application for inclusion a 1U1.1t1e ill the Electoral
Rolls shall be entertained under the provisions of Act on the
grou nd t hat the name of the applicant has not been included In the,
Rolls of the constituency the Gram PanchttyatPanchnyat Samiti and
Zilla Parishad though his name appears ;JS an elector in related Electoral
Rolls of Assembly Constituency which is for the, time being 111 force,
(2) The Electoral Registration Officer shall immediately on receipt of
such application direct that one copy thereof be posted in some conspicuous
place in office together with a notice inviting objection to such inclusion
within a period of seven from the date of posting.
The Electoral Registration Officer shall, as soon as.
specified Sub-sectiort (2) the
objections, if by him shall, if the applicant
is entiUed to be , direct his name to be included
thereon,
(4) No by way of inclusion of a name ill the r()H
shall be made under the provision of Act and no direction inclusion
of a JUline in the electoral roll of a constituency shall be given after last
date for making nomination for an election m the constituency and before
of "
Correctkm of "186, the Electoral [or a constituency, on
error ill roll
after final application made to or 011 his own motion, IS satisfied
publication. he thinks fit, ·that any entry electoral roll of the IS

ofdefecttve in any particular. Electoral Registration Officer

may. subject to suchgeneral or special direction as may be by
ion Commlssioncr, take such action as is necessary to remove the
defects;
Provided no shall be made provision Act
and no direction for inclus.ion a name or delet.ion of a name shall be
after the last datc.fol; making nomination for <.111 elecdon in consti- ..
tuency andbefore thecompletion of that election." I
 Appeal se 187, (0 An appeal shan lie before the District Election o.fficer within
21 seven days or such further period as may be prescribed bythe
Srate Commissioner from the date of order of the Electoral
Registration Oflicer made under section I 185 and 186.
(2) appeal under this section shall be ..~.

(a) in the form. of a Memorandum signed by the applicant;

(b) accompanied by a certified ()f the order by
Elccteral Regtstration Officer.
(3) The District Election Officer may call for the and
hearing the parties may either allow or appeal .;.
Provided that the District Officer not make order
for amendment the Electoral Rolls or make any direction for inclusion
a. name in. or dele' tion of a name for the Rolls the
date lor making neminatton for an election in constituencyand before
the completion of the election, H

Amendment of the Principal Act. in 2tnA-

Section 2H'A
(a) in Sub-section (I) the following shall be $ubstituted.numely
H( I) If any dispute as to validity of the election a
member of a Gram Panchayat. Panchayat Samitior Zilla Padshad. any
candidate or any person tntitled to vote at
days from the date of declaration of results of such election present 111
a pctitioncaUi.ng in question such election before the Panchayat Election
Tribuna] having jurisdiction constituted under Section 198 and at the same
time deposit in the Tribunal such fee as may prescribed being the
likely to be incurred. H

Amendment Of 30, In the Principal Act, the Section 222 shall be deleted,
Section 222
Amendment or ]1. In the Principal Act. in Sub,.section (3) of Section 229~ the word "two"
Seetlen 229
after the word "of" and before the word "years" shall he substituted by the
word hteur",

B.B. SenapaCi
Secretary, La".
 Published in
ISSUE OF TRiPURA GAZETTE

I\fjartala, VVednesday l February 11, 2004 A.

Magha 1925

MENT OF TRIPUR.A
DePARTMENT

f: Agarta/aJ 11Ul

NOTIFICATION

Trlpura Legislative Assembly received assent

on 2004 and is hereby published for

Paul.
Secretary,
Government

_______ ---ll-
 Tt'l (THUlDAMENDMENT)

AN

amend Tiipura PanCl1aYilts 1993,

pura Assembly fifty fourth year

1. ) may '\The
Cotrurrencement Act , 2003",

shan come force at once,

Panchayats Act, 1993 (hereinafter referred to as

Act), -

they
 "Provided that in the event of exclusion of any area com-
prising whole of constituency or constituencies of a
Gram such constituency or constituencies shall cease
to exist and the member or members elected
therefrom shall be deemed to have vacated the
office of member including office of the Pradhan or the
Upa-Pradhan If any field by him. But if the excluded
area ccmprises only a part of the constituency, such
constituency shall continue to exist and the
member shall continue to hold his office".

4. In the Principal Act, after sub-section (3) of Section 20, sub-section

(1) of Section 79 and sub-section (1) of Section 131, the following
note shall be inserted, namely :-

~'NOTE:~ For the purpose of this sub-section 'State' shall mean

the area of the State where the provisions of this Act
extend,"
Amendment of
<'Pr.r-U1f1 22.
t-
.) . the Principal Act, in sub-section (1) of Section 22, -

after deuse (d), the following new clauses shall be added, namely ;-

'I(e) In case of meeting of the Gram Panchayat to

fill the casual vacancy in the office of Pradhan or,
the case may be, the Upa-Pradhant if any member
remains absent in such three meetings consecutlvelv:

(f) if being a male member of the Gram Panchavat

he uses in any meetin9 or public place abusive or filthy
language at any woman or behaves in a manner
dE~rogatory to the dignity of woman",

Amendment 6. In the Principal Act, for Section 49 and its two provisos, following shall
Section 49 be substituted, namely ;-

Honorarium for Pradhan and Upa-Pradhan, •

"49 (1) Honorarium for Pradhan and Upa-Pradhan and

Sitting allowance for members. The Prsdhan and the
Upa-Pradhan of a Gram Panchayat shall be entitled to
receive such honorarium and travelling allowances per
month and every member shall get such sitting
per month out of fund the disposal or under
control the Gram Panchayat as may flxed
the State Government from to time ;
 (2) When an Upa-Pradban iexercises the powers; per
forms the functions and discharges the duties of the
Pradhan under circumstances specified In sub-section
(6) of Section 20 or when a member is eppolnted 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 which
a Pradhen is entitled to the same under the preceding
provision :'
of
7. the Principal A1ct,after sub-section (1) of Section 69; a proviso
shall added, namely :-

"Provlded that in the event of exclusion of any Gram or

Grams comprising whole of the area of a constituency or
constituencies of the Panchayat Samiti from the area of
the Block concerned, such constituency or consntuendes
shan cease to exist and the member or members elected
therefrom shall be deemed to have vacated the office of
member Including the office of Chairman, Vice~
Chairman of Panchavat Samiti if any held by him:'

Amendment or
",pr,CJnn 10 8, Principal Act, in sub-section (1) Section 70, -

(1) below clause (b) following shalt be inserted, narnelv i-

"NO"E":~ for the purpose of this section Mernber of

Leqislative Assembly shall not include any Minister, Speaker! or
Deputy Speaker",

Amendment of
Sectioo /i1, 9. In the Princlpal Act, in sub-section (1) of Sectlon 81, ~

after clause (12)/ the follow!ng new dauses shall be added, namely ~~
"Cf) case of meeting of the Panchavat Samlti to fill the
cesuel vacancy in the office of Chairman or, as the case
rnav be, Vice-Chairman, jf any member remains absent
in such three meetings consecutively ;

(g) if belng amale member of the Panchavat Samiti he

uses in any meeting or public place abusive or filthy
language at any woman or ins manner deroga-
tory to the dignity of women",

10. Principal Act, after (a) of: sub-section (3) of ki''''P',<' .•••
Section 121.
121, a proviso shall be added, namely ,-
 "Provided that in the event of exclusion of any area cornpnsmq
whole of the area of a constituency or consntuencles of the Zilla
Parlshad from the area of District concerned! such constitu
ency or constituencies shall cease to exst and th€~ member or
members elected therefrom shall be deemed to have vacated
the offtce of member induding the otftce of Sabhadhipatl or
Sahakari Sabhadhipati of the Zilla Parishad as the case may be".
Amendment of 1L In the Principel Act, after clause (c) of sub-section (1) of Section
seaton 122, foHowing explanation shan be insetted, namely :~
"0) El(plan.atBon :~ The expression 'member of the House
of the people' shall not Include a member who for the time
being holds the office of a Cabinet Ministe~ Minister of State or
Deputf tvl1nister of Union Government or Speaker or Deputy
Speaker of that House,
Similarly, the expression 'members of the State legislative
Assembly' shall not include a member who for the being
holds the office of a Minister or Speaker or Deputy Speaker
that House,'
Amendment of
12.. In the Principal Act, in sub-section (:I.) of sectton 1.34, after
Section 134.
(d),the followrng new clauses shall be added, namely-

"(e) in case of meeting of the :Zilla Par/shad to fill the casual

vacancy in the office of Sabhadhipati Of, as the may be,
Sahi.)karj Sabhadhipati, if any member remains absent from
such three consecutive meetlnqs ;
(f) if being a male member of the Zilla Parishad he uses in any
meeting or public place abusive or filthy language at any
WOITlanor behaves in a manner derogatory to the dignity
woman"
Amendment 13, In the Principal Act, in sub-section (1) of Section 135, in the sixth
Section
line, for the words and punctuation marks "The meeting shall be held
on a day not later than the fifteenth d21YS from the date of issue of
notice of the meeting", the words "The meeting of the Zilla Parishad
shall be convened by the prescribed authority after giving fifteen
days' prior notice to the members" shaH be substituted.
Amendment of 14. In the Principal Act, Section 154 -
(1) in the proviso sub-section (2.), the words "during temporary
absence of the Secretarv" shall be added at the end ;
(2) for sub-section (4), following sub-section shall be substttuted,
namely r-
"(4) i:\'EIY President a Standing Committee of a ZlIia
Parlshad member a Parishad
Sabhaohipati Sabhadhipaf shatl be entitled to
receive such fee as may be pn3scribed .f(
Amendment of Principal Act/ sub-section (1) of Section 217, following
Section 2J? proviso shaH be added, namely ---

"Provided that If any elected member of a Gram Panchayat,

Panchayat Samiti and Zilla Parishad willfully and persistently
refuses to take oath of affirmation within three months from
the date of election, he shall incur disqualification to be a
member of the Gram Panchavet or Panchayat sarmn or Zilla
Parlshad, (35 the Case may bet to which he has been elected,"

A. B. Paul.
Secretary,
Government of Tripura

-I
 No. N. 930.

Published by Authority

EXTRAORDINARY ISSUE
1, 2009 A.

PART-II pura islature

the

is
 1,

Short title B.nd j .

(II) COHjC

Section. 70

Amendment of 3.
 Issue, October 1, 2009 A. D.

Am<.mdm.cnt of ·1·, (1) In the Principal Act, in sub~section (3) of Section

Section .1 1 word Wl\:vo" shan be substituted with the
wurd f'Five".

S. C. Das
Secretary, Law
Govcnul1cn t of Tripura.

Printccl at the '1'ripura GovertUnent Press Agartala.

1

3
I

Act

.•Law.
Government r-a,
 10

2010.

to 1

10

on

t 1S
 20 A. D.

After

as
in sub-section

in

(3) of

"Fifty

rit.rrri

In

in
in
 10

of

C..Oas
Secretary, Law
Government of Tripura
No. 165 Registered No. N. E. 930.

TRIPURA GAZETTE
Published by Authority
EXTRAORDINARY ISSUE
Agartala, Thursday, May 24, 2018 A. D., Jyaistha 3, 1940 S. E.

PART- III-A-- Ordinances promulgated by the Governor of Tripura under

the Constitution of India.

Government of Tripura
Law Department
Secretariat: Agartala

No. F.8(2)Law/Leg-1/2010/ Dated Agartala the 24th May, 2018

NOTIFICATION

The following Ordinance promulgated by the Governor of Tripura on 24th

MaY,2018 and is hereby published for General informatidn

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(D. M. Jamati!J
L R. &, Secreta FYI Law
Government of Tripura
 Tripura Gazette, Extraordinary Issue, May 24, 2018 A. D.

Tnpura Panehayats (6V1 8,

ORDINANCE

Further to amend the Ttipiue Pancha}'ats Aci,1993,

WHEREAS the House of the Legislature is not in session:

AND WHEREAS the Governor of Tripura is satisfied that circumstances exist

which render it necessary for him to take immediate action further to amend the
Tripura Panchsyats Act. 1993 (herein after referred to as the principal Act) for the
purpose herein after appearing,

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of

Article 213 of the Constuution of India, the Governor of Tripura is hereby' pleased to
promulgate the following Ordinance, namely:-

1. Short title and commencement:

1) This Ordinance shall be called The Tripura Panchayats (6th Amendment)

Ordinance, 2018,
It shall come into force on the date of its publication in

2, Amendment of section 58:.

In Tripura Panchayats Act, 1993, Section 58. the

proviso shaH be added, namely,

"Provided that in cases where the offices of both the Pradhan and the
Pradhan fall vacant by virtue of their .having resigned from their posts or
otherwise. al! orders for payment from the GramPanchayat Fund shail be
signed join11y by the in-charge Panchayat Secretary of the Gram Panchayat
and the Block Development Officer concerned, till the time the new Pradhans
or Upa-Pradhansare elected through due leg.al process"

Sd/·
SRI TATHAGATA ROY
GOVERNOR OF TRIPURA

Printed at the Tripura Government Press, Agartala. 2