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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

THE GAZETTE OF DNH & DD

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

THE GAZETTE OF DNH & DD

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

THE GAZETTE OF DNH & DD

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

THE GAZETTE OF DNH & DD

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