Gazette of DNH And DD, No. 05, 18 May 2021

click here for IIIF manifest

aera wae

Rd UA / Government of India

GER Wada

OFFICIAL GAZETTE

GT Weer alaul Ud at sacl aM aa vg dia Welder U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

syorr - 8

SERIES - I

Tian Ser wartsrd / PUBLISHED BY AUHTORITY

Daman 30" April, 2021 10 Vaisakha, 1943 (Saka) No. : 05 UT Administration of Dadra & Nagar Haveli and Daman & Diu Office of the Joint Secretary (Panchayat Raj Institution / Rural Development) and Chief Executive Officer, District Panchayat, Daman Dholar, Moti Daman — 396 220

No. JS/PRI/PANCH/REG./AMD/2021-22/FTS-102 Dated : 17.04.2021 Subject :- Notification of the Dadra and Nagar Haveli and Daman and Diu Panchayat Regulation, 2012 in the Official Gazette of UT-reg

A copy of the Dadra and Nagar Haveli and Daman and Diu Panchayat Regulation, 2012 dated 09.04.2021 is hereby publish in the Official Gazette of this U.T. Administration of Dadra & Nagar Haveli and Daman & Diu for general information.

Sd/—

(Ashish Mohan) Joint Secretary (PRI/RD) Dadra & Nagar Haveli and Daman & Diu

ADMINISTRATION OF DADRA AND NAGAR HAVEL AND DAMAN AND DIU LAW AND JUSTICE DEPARTMENT

THE DADRA AND NAGAR HAVELI '[AND DAMAN AND DIU PANCHAYAT] REGULATION, 2012

NO. 5 OF 2012

Promulgated by the President in the Sixty-third Year of the Republic of India

A Regulation to provide for Panchayats in the Dadra and Nagar Haveli and? [Daman and Diu] for matters connected therewith.

In exercise of the powers conferred by clause (1) of article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by her.

CHAPTER | PRELIMINARY

1. (1) This Regulation may be called the Dadra and Nagar Short title, extent Haveli [and Daman and Diu] Panchayat Regulation, and 2012.

commencement.

(2) It extends to the whole of the Union territory of Dadra and

Nagar Haveli [and Daman and Diu.

(3) It shall come into force on such date as the Administrator

may, by notification in the Official Gazette, appoint.

2. In this Regulation, unless the context otherwise requires, - Definitions.

(a) "Administration" means the Union __ territory administration of Dadra and Nagar Haveli "and Daman and DiuJ;

(b) "Administrator" means the Administrator of the Union territory of Dadra and Nagar Haveli fand Daman and Diu] appointed by the President of India under article 239 of the Constitution;

(c) 'building' includes a house, an out-house, stable, privy,

(1). Inserted by the Dadra and Nagar Haveli and Daman and Diu (Adaptation of State Law and Presidential Regulations) Order, 2020, dated 8" Oct., 2020 (hereinafter referred to as 'the Presidential Regulation Order, 2020.)

(2). Inserted by the Presidential Regulation Order, 2020. (3). Inserted by the Presidential Regulation Order, 2020. (4). Inserted by the Presidential Regulation Order, 2020. (5). Inserted by the Presidential Regulation Order, 2020. (6). Inserted by the Presidential Regulation Order, 2020.

urinal, shed, hut, wall (other than a boundary wall not

exceeding eight feet in height) and any other structure,

whether of masonry, bricks, wood, metal or any other

material but does not include any temporary structure erected on ceremonial or festive occasions or a tent; "Chief Executive Officer' means an officer appointed

(d)

by the Administrator as Chief Executive Officer, District

Panchayat;

"Director Panchayat" means an officer in charge of

(e)

Panchayats in the Department of Panchayati Raj

working under the direct control and superintendence

of the Secretary of that Department;

"District" means a district specified by the

(f)

Administrator by a public notification to be district for

the purposes of this Regulation;

(9) "District Judge" means the District Judge of Dadra and Nagar Haveli [and Daman and Diu]; "District Panchayat" means the District Panchayat

(h)

constituted under section 54;

(i) "District Panchayat Fund: means the fund constituted under section 80; "Election Commission" means the Election

®

Commission referred to in sub-section (1) of section 99; "Finance Commission" means the Finance

Commission referred to in section 100; "Gram" means a village; "Gram Fund" means fund referred to in section 35; "Gram Panchayat" means a Gram Panchayat

(I) (m) (n)

constituted under this Regulation; "Gram Sabha" means the Gram Sabha constituted

(0)

under sub-section (2) of section 3;

"Notification" means a notification published in the

(p)

Official Gazette and the expression "notified" shall be

construed accordingly;

(a) "Official Gazette" means the Dadra and Nagar Haveli and Daman and Diu] Gazette; "Panchayat area" means the territorial area of a Gram

()

Panchayat declared by the Administrator under sub- section (1) of section 3; "Panchayat Secretary' means a Panchayat Secretary

(s)

(7). Inserted by the Presidential Regulation Order, 2020. (8). Inserted by the Presidential Regulation Order, 2020.

appointed under sub-section (1) of Section 25;

"prescribed" means prescribed by rules made under

(t)

this Regulation;

(u) "President" and "Vice-President" means the President

and Vice-President of the District Panchayat

respectively;

(v) "public street" means a pathway, road, street, square,

court, alley, cart track, foot path or riding path

overwhich the public have a right of way, whether

thorough fare or not and includes —

(i). the road-way over any public bridge or cause-

way;

(ii). the foot-way attached to any such street,

public bridge or cause-way;

(iii). the drains attached to any such street, road,

public bridge or cause-way; and

(iv). the land which lies on either side of the road-

way,- (a)up to the boundaries of the adjacent

property, or

(b) up to the right of way duly notified by the

Chief Executive Officer in this regard;

(w) "Regulation" means the Dadra and Nagar Haveli

and Daman and Diu] Panchayat Regulation, 2012;

(x) "Sarpanch" means the Sarpanch of a Gram

Panchayat;

(y) "Schedule" means a Schedule to this Regulation;

(z) "Secretary Panchayat" means the Secretary incharge

of the Department of Panchayati Raj in the Union territory of Dadra and Nagar Haveli "and Daman and Diuj;

(za) "section" means section of this Regulation;

(zb) "tax" means a tax, cess, rate of other impost leviable

under this Regulation but does not includes a fee;

(zc) "Union territory' means the Union territory of the Dadra

and Nagar Haveli [and Daman and Diu);

(zd) "Upa-Sapranch" means an Upa-Sarpanch of Gram

(9). Inserted by the Presidential Regulation Order, 2020.

(10). Inserted by the Presidential Regulation Order, 2020. (11). Inserted by the Presidential Regulation Order, 2020.

Panchayat;

(ze) 'village" means a village specified by the Administrator,

by a public notification, to be a village for the purpose

of this Regulation and includes a group of villages so

specified;

(zf) "Ward" means a body consisting of persons registered in

the electoral rolls relating to ward of a district.

CHAPTER II

GRAM SABHA

3. (1) The Administrator shall, after making such inquiry as may Declaration of be necessary, by notification, declare a local area, Panchayat area comprising of a village or a group of villages or any part Nd constitution or parts thereof or a combination of any two or more of °f Stam Sabha them to be a Panchayat area, for the purposes of this

Regulation and shall also specify its headquarters.

(2) The Administrator shall, by notification in the Official

Gazette, constitute a Gram Sabha by a name for each

Panchayat area.

4. A Gram Sabha shall consist of persons registered in the Composition of electoral roll relating to a village or group of villages Gram Sabha. comprising the Panchayat area:

Provided that a person shall be disqualified for being a

member of the Gram Sabha if he is —

(a) less than eighteen years of age;

(b) not a citizen of India;

(c) of unsound mind and stands so declared by

competent court; and

(d) not ordinarily a resident within the village for which

the Gram Sabha is constituted.

Explanation— For the purpose of this section, a person

shall be deemed to be ordinarily resident in village if he has

been ordinarily residing in such village or is in possession of

a dwelling house therein ready for occupation.

5s Every Gram Sabha shall, by the name notified in the Official Incorporation of Gazette under section 3, be a body corporate having Gram Sabha.

perpetual succession and a common seal and shall, subject

to such restrictions and conditions as may be imposed by or

under this Regulation, have power to acquire, hold,

administer and transfer property, both movable and

immovable, and to enter into a contract and shall, by the said name, sue or be sued:

Provided that the powers and duties of the Gram

Sabha shall, save as otherwise expressly provided in this

Regulation, be exercised, performed and discharged by the

Gram Panchayat constituted under sub-section (1) of section 12.

6. (1) The Administrator may, after such inquiry as he thinks Alteration in area necessary and in consultation with the Gram Sabha or of Gram Sabha. the Gram Sabhas concerned, at any time by notification

in the Official Gazette, -

(a) include any area in a Gram; or

(b) exclude any area from a Gram; or

(c) declare that any local area shall cease to be a

Gram; or

(d) alter the Headquarter of any Gram Sabha; or

(e) alter the name of any Gram Sabha.

(2) Where, by a notification under sub-section (1), any area

is included in a Gram, such area shall thereby become

subject to all notifications, rules, bye-laws and orders

made under this Regulation or any other law for the time being in force in the area within the jurisdiction of the Gram Sabha.

(3) Where, by notification under sub-section (1), the whole of the area of a Gram ceases to be a Gram, the Gram Sabha shall cease to exist and its assets and liabilities

shall be disposed of in the prescribed manner, and if a part of such area is excluded from a Gram, the

jurisdiction of the Gram Sabha shall be reduced by that

part.

@. (1) A member of a Gram Sabha shall cease to be member, if Cessation of membership =

(a) he is disqualified under section 4; or

(b) the area where he resides has been excluded

from the jurisdiction of the Gram Sabha; or

(c) he ceases to be ordinarily resident within the

jurisdiction of the Gram Sabha.

(2) Where any person ceases to be a member of a Gram

Sabha under sub-section (1), he shall also cease to hold

anu office to which he may have been elected or

appointed by reason of his being a member thereof.

8. (1) Every Gram Sabha shall hold at least four general Meetings of Gram meetings in each financial year and it shall be the Sabha responsibility of the Sarpanch to convene such meetings:

Provided that the Sarpanch shall, upon a requisition in

writing by not less than one-tenth of the total number of

members of the Gram Sabha call an extraordinary

meeting of the Gram Sabha, within thirty days from the

receipt of such requisition:

Provided further that where the Sarpanch fails to convene

the meetings under this sub-section such authority as

may be prescribed shall convene such meetings within a period of thirty days.

(2) The Sarpanch or in his absence Upa-Sarpanch or in the

absence of both any person chosen by the Gram Sabha

shall preside at such meetings.

(3) For any general meeting of the Gram Sabha, one-tenth of

the total number of its members shall form the quorum

and decisions shall be taken by a majority of the

members present and voting.

(4) The notice of time and place of meetings shall be given in

the prescribed manner.

9. (1) The Sarpanch shall place before the Gram Sabha for its Transaction of approval the following matters, namely: - business at (a) the annual statement of accounts; general meeting.

(b) budget estimates;

(c) the developmental and other programmes of work

proposed for the current financial year;

(d) proposals for fresh taxation or enhanced taxation;

(e) report of the administration of the preceding financial

year;

(f) the last audit note and replies thereto.

(2) The Gram Sabha, shall consider the following matters

and make recommendations and suggestions to the

Gram Panchayat, namely: -

(a) annual administration report of the preceding

financial year;

(b) planning supervising, co-ordinating and monitoring

the schemes of the Gram Panchayat;

(c) recoveries of Panchayat dues;

(d) the last audit report and replies made thereto;

(e) proposals for organising community — service,

voluntary labour or mobilisation of the local people for any specific work included in any programme:

Provided that the recommendations of the Gram

Sabha shall be acted upon by the Gram Panchayat as far as practicable.

10. The Gram Sabha shall perform the following functions, Functions of Gram Sabha namely: -

(i) identification of the beneficiaries and sites under

various programmes of the Administration;

(ii) determination of the priorities of the work to be

undertaken by the Gram Panchayat;

(iii) issuance of utilisation certificate in respect of the

development work undertaken by the Gram

Panchayat from the grants-in-aid or the Gram Panchayat funds:

(iv) any other function as may be assigned by the

Administrator from time to time.

11. (1) The Gram Sabha shall constitute a minimum of two

Supervisory Committees in such manner as may be

Supervisory Committees of the Gram Sabha.

prescribed to supervise the Gram Panchayat work and

other activities in the Gram.

(2) The Supervisory Committees shall submit its report to the

Gram Panchayat and also place a copy of their report in

the meeting of the Gram Sabha.

CHAPTER III THE GRAM PANCHAYAT AND ELECTIONS

12. (1) As soon as may be, after its constitution, every Gram

Sabha shall elect by direct election an Executive

Constitution of Gram Panchayats.

Committee called the Gram Panchayat and a

Chairperson of that Committee to be known as the

Sarpanch.

(2) A Gram Panchayat shall, consist of such number of seats

including the Sarpanch not being less than nine or more

than fifteen, as the Director Panchayat may, with prior

approval of the Administrator notify.

(3) The ration between the population of the territorial area of

a Gram Panchayat and the number of seats in that

Panchayat to be filled by election shall, so far as

practicable, be the same throughout the Union territory.

(4)Each Gram Panchayat area shall be divided by the

Election Commission into territorial a constituencies in

such manner that the ratio between the population of

each constituency and the number of seats allotted to it

shall, so far as practicable, be the same throughout the

Gram Panchayat area.

(5)Seats shall be reserved for the Scheduled Castes and

the Scheduled Tribes in every Gram Panchayat and the

number of seats so reserved shall bear, as nearly as may

be, the same proportion to the total number of seats to be

filles by direct election in the Gram Panchayat as the

population of the Scheduled Castes and the Scheduled

Tribes in that Gram Panchayat area bears to the total

population of that area and such seats shall be allotted

by the Election Commission by rotation to different

constituencies in a Gram Panchayat, in such manner as

may be prescribed:

Provided that no such reservation shall be necessary if

the total population of the Scheduled Castes or the

Scheduled Tribes in a Gram Panchayat is less than half the proportionate population required to fill one seat.

(6) Not less than one-half of the total number of the seats

reserved under sub-section (5), shall be reserved for

women belonging to the Scheduled Castes and the Scheduled Tribes,

(7) Not less than one-half (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 Gram Panchayat shall

be reserved for women and such seats may be allotted

by the Election Commission by rotation to different

constituencies in a Gram Panchayat, in such manner as

may be prescribed.

(8) The number of seats to be reserved under sub-sections

(6) and (7) shall be determined by the Administrator, by

an order published in the Official Gazette.

(9) The Administrator shall reserve —

(a)the number of offices of Sarpanch in the Gram

Panchayats for the Scheduled Castes and the

Scheduled Tribes which shall bear, as nearly as may

be, the same proportion to the total number of such

offices in the Gram Panchayats as the population of the Scheduled Castes and the Scheduled Tribes in

the area of Union territory to which this Regulation

extends bears to the total population of such area;

(b) not less than one-half of the total number of offices of

Sarpanch in the Gram Panchayats for women:

Provided that offices reserved under this sub-section shall be allotted by the Election Commission by rotation to different Gram Panchayats in such manner

as may be prescribed.

13. (1) Every member of Gram Sabha shall, unless disqualified

under this Regulation or any other law for the time being

Person qualified to vote and be elected.

in force, be qualified to vote at an election to the Gram

Panchayat or at a meeting of the Gram Sabha.

(2) Every member of a Gram Sabha shall, unless disqualified

under this Regulation or under any other law for the time

being in force, be qualified to be elected to fill up a seat in

the Gram Panchayat as a member or as its Sarpanch or as both:

Provided that if a person is elected to both the offices of a

member as well as Sarpanch, he shall resign either of the

two offices within a period of fourteen days from the date

of the publication of the result in the Official Gazette,

failing which his seat in the Gram Panchayat shall become vacant.

(3) The vacancy caused by the result of such resignation,

shall be filled by holding a bye-election for the purpose.

14. (1) No person shall be a member of a Gram Panchayat or 'Disqualification continue as such who —

(a) has, whether before or after the commencement of

this Regulation, been convicted —

(i). of an offence under the Protection of Civil

Rights Act,1955 and a period of five years, or 22 of 1955 such lesser period as the Administrator may

allow in any particular case, has elapsed since

his conviction; or

(ii). of any other offence and been sentenced to

imprisonment for not less than six months, and

a period of five years, or such lesser period as

the Administrator may allow in any particular

case, has elapsed since his release; or

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

unsound mind; or

(c) has been adjudicated as an bankrupt or insolvent and

has not obtained his discharge; or

(d) has been removed from any office held by him in any

Gram Panchayat under any provision of this

Regulation or in any gram panchayat before the

commencement of this Regulation and a period of

five years has not elapsed from the date of such

removal, unless he has, by an order of the Administrator notified in the Official Gazette, been relieved from the disqualification arising on account of such removal from office; or

(e) has been disqualified from holding office under any

provision of this Regulation and the period for which

he was so disqualified has not elapsed; or

(f) holds any salaried office or place of profit in the gift or

disposal of any panchayat, other than as such office or place as prescribed under this Regulation; or

(g) has, directly or indirectly, any share or interest in any

work done by order of the panchayat, or in any

contract with, by or on behalf of, or employment with

or under the panchayat; or

(h) has, directly or indirectly, any share or interest in any

transaction of loan of money advanced to or

borrowed from any officer or servant of any

(12). Section 14 substituted by the Presidential Regulation Order, 2020.

panchayat; or

fails to pay any arrears of any kind due by him to the

(i)

panchayat or any panchayat subordinate thereto or

any sum recoverable from him under this Regulation,

within three months after a special notice in accordance with the rules made in this behalf has been served upon him; or

Gi) is a servant of the Government or any local authority; or

(k) has voluntarily acquired the citizenship of a Foreign

State or is under any acknowledgement of allegiance

or adherence to a Foreign State; or

has no facility of water closet or privy accommodation

()

at the place of his ordinary residence:

Provided that a sitting member shall be

deemed to have incurred disqualification if he does not submit to the Chief Executive Officer, within six months from the date of commencement of the Dadra and Nagar Haveli and Daman and Diu (Adaptation of

State Law and Presidential Regulations) Order, 2020,

a certificate issued by the Panchayat Secretary of the

Gram Panchayat in whose jurisdiction his ordinary

residence is situated, to the effect that he is having

facility of water closet or privy accommodation at the

place of his ordinary residence.

(m)is disqualified under any other provision of this

Regulation, and the period for which he was so

disqualified has not elapsed;

(n) has more than two children:

Provided that a person having more than two children on the date of commencement of the Dadra and Nagar Haveli and Daman and Diu (Adaptation of

State Law and Presidential Regulations) Order, 2020 shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase:

Provided further that a child or more than one

child born in a single delivery within the period of one

year from the date of such commencement shall not