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
SERIES —1 No. 05
THE GAZETTE OF DNH & DD
Page 2
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.
SERIES ~1 No. 05
THE GAZETTE OF DNH & DD
(d)
(e)
(f)
(9)
(h)
(i)
®
(I)
(m)
(n)
(0)
(p)
(a)
()
(s)
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
by the Administrator as Chief Executive Officer, District
Panchayat;
“Director Panchayat" means
an officer
in charge
of
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
Administrator by a public notification to be district for
the purposes of this Regulation;
“District Judge” means the District Judge of Dadra and
Nagar Haveli [and Daman and Diu];
“District
Panchayat”
means
the
District
Panchayat
constituted under section 54;
“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
constituted under this Regulation;
“Gram Sabha” means the Gram Sabha constituted
under sub-section (2) of section 3;
“Notification”
means
a
notification
published
in
the
Official Gazette and the expression “notified” shall be
construed accordingly;
“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
Page 3
(7). Inserted by the Presidential Regulation Order, 2020.
(8). Inserted by the Presidential Regulation Order, 2020.
SERIES ~1 No. 05
THE GAZETTE OF DNH & DD
(t)
appointed under sub-section (1) of Section 25;
“prescribed” means prescribed by rules made under
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
Page4
(9).
Inserted by the Presidential Regulation Order, 2020.
(10). Inserted by the Presidential Regulation Order, 2020.
(11). Inserted by the Presidential Regulation Order, 2020.
SERIES -1 No. 05
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Page 5
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
SERIES -1 No, 05
THE GAZETTE OF DNH & DD
Page 6
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.
SERIES ~1 No. 05
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Page 7
(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
SERIES — I No. 05
THE GAZETTE OF DNH & DD
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,
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
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
Committee
called
the
Gram
Panchayat
and
a
Chairperson
of
that Committee
to
be
known
as
the
Sarpanch.
Page 8
Functions of
Gram Sabha
Supervisory
Committees of
the Gram Sabha.
Constitution of
Gram
Panchayats.
SERIES —I No. 05
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Page 9
(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
SERIES —I No. 05
THE GAZETTE OF DNH & DD
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
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.
Page 10
Person qualified
to vote and be
elected.
SERIES ~1 No. 05
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Page 11
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.
SERIES ~I No. 05
THE GAZETTE OF DNH & DD
(i)
Gi)
panchayat; or
fails to pay any arrears of any kind due by
him to the
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
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
Page 12