THE LAKSHADWEEP GAZETTE EXTRAORDINARY

VOL. LVIII No.34 WEDNESDAY, 21^st SEPTEMBER, 2022 / 30^th BHADRA, 1944 (SAKA)

PRICE: 75 PAISE

F. No.3/9/2022-DOP: The Lakshadweep Panchayats Regulation, 2022 No.05 of 2022

promulgated by the President in the Seventy-Third year of the Republic of India and published in

the Gazette of India Extraordinary Part II-Section I, dated 19-09-2022 is republished for general

information.

In the name of Administrator of Lakshadweep

Sd/-

(Tanvir Ahmad, DANICS)

Director of Panchayats

THE LAKSHADWEEP PANCHAYAT REGULATION, 2022

NO. 5 OF 2022

Promulgated by the President in the Seventy-third Year of the Republic of India.

A Regulation to provide for Panchayats in the Union territory of Lakshadweep and for

matters connected therewith or incidental thereto.

In exercise of the powers conferred by article 240 of the Constitution, the President is

pleased to promulgate the following Regulation made by her:—

CHAPTER I

PRELIMINARY

1. (1) This Regulation may be called the Lakshadweep Panchayat Regulation, 2022.

(2) It extends to the whole of the Union territory of Lakshadweep.

(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,—

(a) “Administration” means the Union territory administration of Lakshadweep;

(b) “Administrator” means the Administrator of the Union territory of

Lakshadweep appointed by the President of India under article 239 of the Constitution;

Short title,

extent and

commencement.

Definitions.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 19th September, 2022/Bhadra 28, 1944 (Saka)

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

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;

(d) “Chief Executive Officer” means an officer appointed by the Administrator

as Chief Executive Officer, District Panchayat;

(e) “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;

(f) “District” means a District specified by the Administrator by a public

notification to be district for the purposes of this Regulation;

(g) “District Judge” means the District Judge of Union territory of Lakshadweep;

(h) “District Panchayat” means the District Panchayat constituted under

section 57;

(i) “District Panchayat Fund” means the Fund constituted under section 87;

(j) “Election Commission” means the Election Commission referred to in

sub-section (1) of section 107;

(k) “Finance Commission” means the Finance Commission referred to in

section 108;

(l) “general election” means the election held under this Regulation for the

constitution or the reconstitution of a Panchayat after the expiry of its terms or

otherwise;

(m) “Gram” means a village;

(n) “Gram Fund” means the Fund referred to in section 38;

(o) “Gram Panchayat” means a Gram Panchayat constituted under this

Regulation;

(p) “Gram Sabha” means the Gram Sabha constituted under sub-section (2) of

section 3;

(q) “notification” means a notification published in the Official Gazette and the

expression “notified” shall be construed accordingly;

(r) “Official Gazette” means the Lakshadweep Gazette;

(s) “Ombudsman” means a body constituted by the Administrator under the

provisions of this Regulation;

(t) “Panchayat area” means the territorial area of a Gram Panchayat declared

by the Administrator under sub-section (1) of section 3;

(u) “Panchayat Secretary” means a Panchayat Secretary appointed under

sub-section (1) of section 27;

(v) “population” means the population, as ascertained at the last preceding

census of which the relevant figures have been published;

(w) “prescribed” means prescribed by rules made under this Regulation;

(x) “prescribed authority” means a person appointed by the Administrator to

carry out the provisions of this Regulation;

(y) “President” and “Vice-President” means the President and the

Vice-President of the District Panchayat respectively;

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(z) “public street” means a pathway, road, street, square, court, alley, cart track,

foot path or riding path over which the public have a right of way, whether through

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;

(za) “Regulation” means the Lakshadweep Panchayat Regulation, 2022;

(zb) “Sarpanch” means the Sarpanch of a Gram Panchayat;

(zc) “Schedule” means a Schedule appended to this Regulation;

(zd) “Secretary Panchayat” means the Secretary in charge of the Department

of Panchayati Raj in the Union territory of Lakshadweep;

(ze) “section” means section of this Regulation;

(zf) “State Election Commissioner” means the Election Commissioner for the

Union Territories;

(zg) “tax” means a tax, cess, rate of other impost leviable under this Regulation

but does not includes a fee;

(zh) “Union territory” means the Union territory of Lakshadweep;

(zi) “Upa-Sarpanch” means an Upa-Sarpanch of Gram Panchayat;

(zj) “village” means a village notified by the Administrator, to be a village for

the purpose of this Regulation and includes a group of villages;

(zk) “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 be necessary, by

notification, declare a local area, comprising of a village or a group of villages or any

part or parts thereof or a combination of any two or more of them to be a Panchayat area,

for the purposes of this Regulation and shall also specify its headquarters.

(2) The Administrator shall, by notification, constitute a Gram Sabha by a name for

each Panchayat area.

(3) Every Gram Sabha shall, by the name notified under sub-section (2) of this section,

be a body corporate having 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.

Declaration of

Panchayat

area and

constitution of

Gram Sabha.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

4. (1) A Gram Sabha shall consist of persons registered in the electoral roll relating

to a Gram either a village or group of villages.

(2) A person shall be disqualified for being a member of the Gram Sabha if he is—

(a) under eighteen years of age;

(b) not a citizen of India;

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

constituted.

Explanation.—For the purposes of this sub-section, it is hereby clarified that 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.

5. (1) The prescribed authority under the superintendence, direction and control of

the Election Commission shall cause to be prepared an electoral roll in such manner as

may be prescribed.

(2) The electoral roll referred to in sub-section (1) shall contain the names of all

persons entitled under section 4 to be the members of the Gram Sabha and such electoral

roll shall be revised at least once in a financial year in such manner as may be prescribed.

6. (1) The Administrator may, after such inquiry as he thinks necessary at any time,

by notification,—

(a) include any area in a Gram;

(b) exclude any area from a Gram;

(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.

7. (1) A member of a Gram Sabha shall cease to be member, if—

(a) he is disqualified under section 4;

(b) the area where he resides has been excluded from the jurisdiction of the

Gram Sabha; or

(2) Where any person ceases to be a member of a Gram Sabha under sub-section (1),

he shall also cease to hold any 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 in each financial

year and it shall be the 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:

Composition

of Gram Sabha

and

disqualification

for being as

member of

Gram Sabha.

Electoral Roll

of Members of

Gram Sabha.

Alteration in

area of Gram

Sabha.

Cessation of

membership of

Gram Sabha.

Meetings of

Gram Sabha.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

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 the 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.

(5) The minimum quorum for the meeting should be ten per cent. of the total members

out of which at least thirty per cent. should be women.

9. (1) The Sarpanch shall place before the Gram Sabha for its approval the following

matters, namely:—

(a) the annual statement of accounts;

(b) budget estimates;

financial year;

(d) proposals for fresh taxation or enhanced taxation;

(e) report of the administration of the preceding financial year; and

(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;

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

(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; and

(iv) any other function as may be assigned to it by the Administrator from time

to time.

Transaction

of business at

general

meeting.

Functions of

Gram Sabha.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

11. (1) The Gram Sabha shall constitute the following Supervisory Committees in such

manner as may be prescribed to supervise the Gram Panchayat work and other activities in

the Gram, namely:—

(a) the General Standing Committee;

(b) the Village Health Sanitation and Nutrition Committee;

(d) the Education Committee (School Management Committees);

(e) the Social Justice Standing Committee; and

(f) the Water Supply, Water and Environmental Conservation Committee.

(2) The Supervisory Committees referred to in sub-section (1) shall submit its report

to the Gram Panchayat and also place a copy of their report in the meeting of the Gram

Sabha.

(3) Apart from ward members and Sarpanch, other expert government and

non-government members shall be included as special invitees.

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.

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

to be filled from such number of wards, as the Administrator may, by notification, determine.

(3) The ratio 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) The territorial boundary for each ward shall be notified by the Administrator on

the recommendations of the Election Commission.

(5) Each Gram Panchayat area shall be divided by the Election Commission into

territorial 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.

(6) The seats shall be reserved for 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 filled by direct election in the Gram Panchayat as the

population of 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 Tribes in a Gram Panchayat is less than half the proportionate population required

to fill one seat.

(7) Not less than one-half of the total number of the seats reserved under

sub-section (6), shall be reserved for women belonging to the Scheduled Tribes.

(8) Not less than one-half (including the number of seats reserved for women

belonging to 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.

Supervisory

Committees

of Gram

Sabha.

Constitution

of Gram

Panchayats.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(9) The number of seats to be reserved under sub-sections (7) and (8) shall be

determined by the Administrator, by an order published in the Official Gazette.

(10) The Administrator shall reserve—

(i) the number of offices of Sarpanch in the Gram Panchayats for 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 Tribes in

the area of Union territory to which this Regulation extends bears to the total

population of such area;

(ii) 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,—

(a) be qualified to vote at an election to the Gram Panchayat or at a meeting of

the Gram Sabha;

(b) 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.

(2) 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 continue as such who—

(a) has not attained the age of twenty-one years;

(b) is not a citizen of India;

convicted—

(i) of an offence under the Protection of Civil Rights Act, 1955 and a period

of five years, or such lesser period as the Administrator may determine in any

particular case, has elapsed since his conviction;

(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 determine in any particular case, has elapsed since his release;

(d) has been adjudged by a competent court to be of unsound mind;

(e) has been adjudicated as an insolvent;

(f) 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;

(g) has been disqualified from holding office under any provision of this

Regulation and the period for which he was so disqualified has not elapsed;

(h) 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;

Person

qualified to

vote and be

elected.

Disqualification

for being a

member of

Gram

Panchayat.

22 of 1955.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(i) 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.

Explanation.—For the removal of doubts, it is hereby clarified that a person

shall not be disqualified for membership of a Panchayat by reason only of such person—

(i) having share in any joint stock company or a share or interest in any

society registered under any law for the time being in force which shall contract

with or be employed by or on behalf of any Panchayat;

(ii) having a share or interest in any newspaper in which any advertisement

relating to the affairs of any Panchayat may be inserted;

(iii) holding a debenture or being otherwise concerned in any loan raised

by or on behalf of any Panchayat;

(iv) being professionally engaged on behalf of any Panchayat as a legal

practitioner;

(v) having any share or interest in any lease of immovable property in which

the amount of rent has been approved by the Gram Panchayat in the case of a

Gram Panchayat, or by the District Panchayat in its own case or in any sale or

purchase of immovable property or in any agreement for such lease, sale or purchase;

(vi) having a share or interest in the occasional sale to the Panchayat of any

article in which he regularly trades or in the purchase from the Panchayat of any

article, to a value in either case not exceeding in any year one thousand rupees; or

(vii) merely being a relative of a person in employment with or under or by

or on behalf of the Panchayat;

(j) 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 Panchayat;

(k) 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.

Explanation.—For the removal of doubts, it is hereby clarified that—

(i) a person shall not be deemed to be disqualified if he has paid the arrears

or the sum referred to in clause (k), prior to the day prescribed for the nomination

of candidates;

(ii) failure to pay the arrears or the sum referred to in clause (k) to the

Panchayat by a member of a Hindu Undivided Family or by a person belonging

to a group or unit, the members of which are by custom joint in estate or residence,

shall be deemed to disqualify all members of such Hindu Undivided Family or as

the case may be, all the members of such group or unit.

(l) is a servant of the Government or any local body;

(m) has voluntarily acquired the citizenship of a Foreign State or is under any

acknowledgement of allegiance or adherence to a Foreign State;

(n) 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 this Regulation, 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.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(o) is disqualified under any other provision of this Regulation, and the period

for which he was so disqualified has not elapsed;

(p) has more than two children:

Provided that a person having more than two children on the date of

commencement of this Regulation 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 be taken

into consideration for the purpose of disqualification under this clause.

Explanation.—For the purposes of this clause, it is hereby clarified that—

(i) where a couple has only one child on or after the date of such

commencement, any number of children born out of single subsequent delivery

shall be deemed to be one entity;

(ii) “child” does not include an adopted child or children;

(q) is, without permission of the Gram Panchayat, absent from three consecutive

meetings;

(r) has been ordered to give security for good behaviour under section 109 or

section 110 of the Code of Criminal Procedure, 1973; or

(s) has been dismissed from the service of the Government or Municipality or

Gram Panchayat for misconduct within five years prior to the date of poll.

(2) A person shall be disqualified for being a member of the Gram Panchayat if he is so

disqualified under the Fifth Schedule.

15. If any question arises as to whether a person has become subject to any

disqualification referred to in section 4 or section 14, it shall be referred to the Administrator

and his decision thereon shall be final:

Provided that before giving any decision on such question, the Administrator shall

obtain the opinion of the Election Commission and shall act according to such opinion:

Provided further that no person shall be disqualified unless such person has been

given an opportunity of being heard in the matter.

16. (1) Any member of a Gram Panchayat who during his term of office—

(a) is absent for more than three consecutive months from the village and leave

not exceeding four months so to absent has been granted by the Panchayat; or

(b) absents himself for four consecutive months from the meetings of the

panchayat without the leave of the said Panchayat,

shall cease to be a member and his office shall be vacant and thereupon the Panchayat shall,

as soon as possible, inform him that the vacancy has occurred.

(2) Any dispute as to whether a vacancy has or has not occurred under this section

shall be referred to the Secretary Panchayat for decision, and the decision of such Secretary

Panchayat shall be final:

Provided that such reference shall not be entertained, if it is made after the expiry of

fifteen days from the date on which the Panchayat informs under sub-section (1) to the

member in regard to such vacancy.

(3) Whenever, a leave is granted under sub-section (1) to a member, who is an

Upa-Sarpanch, another member shall, subject to the conditions to which the election of the

2 of 1974.

Decision on

disqualification.

Leave of

absence.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

Upa-Sarpanch so absenting himself was subjected to, be elected to perform all the duties

and exercise all the powers of an Upa-Sarpanch during the period for which such leave is

granted.

17. The election of members of a Gram Panchayat shall be held in such a manner

(including the manner of voting) as may be prescribed and on such date or dates as the

Administrator may, in consultation with the Election Commission, by notification direct:

Provided that a casual vacancy shall be filled up within a period of six months from the

date of occurrence of such vacancy:

Provided further that no election shall be held to fill a casual vacancy occurring within

six months prior to the general election of a Gram Panchayat under this section.

18. (1) On the constitution of a Gram Panchayat for the first time under this Regulation

or on the expiry of the term of a Gram Panchayat or on its reconstitution, a meeting shall be

called on a date fixed by the Administrator for the election of Upa-Sarpanch in such manner

as may be prescribed.

(2) The officer appointed by the Administrator shall preside over such meeting and

shall not have the right to vote.

(3) No business other than the election of the Upa-Sarpanch shall be transacted at

such meeting.

(4) In case of equality of votes, the result of the election shall be decided by draw of

lots in the presence of officer referred to in sub-section (2), in such manner as he may

determine.

19. The executive powers of the Gram Panchayat under this Regulation and the

responsibility for the due fulfilment of the duties imposed on the Gram Panchayat under this

Regulation and for carrying out the resolution of the Gram Panchayat shall vest in the

Sarpanch.

20. (1) Every Gram Panchayat, unless sooner dissolved under any law for the time

being in force, shall continue for five years from the date appointed for its first meeting and

not longer.

(2) Notwithstanding anything contained in sub-section (1), the members of the Gram

Panchayat functioning immediately before coming into force of this Regulation shall continue

to hold their office till the expiration of the term specified under sub-section (1).

(3) An election to constitute a Gram Panchayat shall be completed—

(a) before the expiry of its period specified in sub-section (1);

(b) 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 sub-section for constitution the Gram Panchayat for such period.

(4) A Panchayat constituted upon the dissolution of the Gram Panchayat before the

expiration of its period shall continue only for the remainder of such period for which the

dissolved Gram Panchayat would have continued under sub-section (1), had it not been so

dissolved.

21. (1) As soon as may be, on the first meeting of the Gram Panchayat, every member

thereof and Sarpanch and Upa-Sarpanch shall take the oath of office before such officers as

the Administrator may specify, in the form set out in the First Schedule.

(2) No member who has not taken such oath shall vote or take part in the proceedings

of any meeting nor shall he be included as a member of any Committee constituted by the

Gram Panchayat.

Election of

members.

Election of

Upa-

Sarpanch.

Executive

functions of

Sarpanch.

Duration of

Gram

Panchayat.

Oath of

office.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

22. (1) Any member of the Gram Panchayat may resign his office by giving notice in

writing to that effect to the Sarpanch under intimation to the Chief Executive Officer and such

resignation shall take effect from date of its acceptance by the Sarpanch.

(2) The Upa-Sarpanch may resign his office by giving notice in writing to the Sarpanch

under intimation to the Chief Executive Officer and such resignation shall take effect from the

date of its acceptance by the Sarpanch.

(3) The Sarpanch may resign his office by giving notice in writing to the Chief Executive

Officer and such resignation shall take effect from the date of its acceptance by the Chief

Executive Officer.

(4) Where the office of the Sarpanch or Upa-Sarpanch falls vacant, the members of the

Gram Panchayat may elect any person from amongst themselves by a simple majority to act

as Sarpanch or Upa-Sarpanch, as the case may be, pending the election for such offices.

23. (1) A motion of no confidence may be moved against Sarpanch or Upa-Sarpanch

by not less than one third of the total members of the Gram Panchayat after giving notice

thereof to the Sarpanch under intimation to the Chief Executive Officer:

Provided that no such notice shall be given before six months of assumption of office

by the Sarpanch or the Upa-Sarpanch.

(2) A special meeting of the Gram Panchayat shall be convened within a period of

fifteen days from the date on which the motion of no confidence has been moved to

deliberation, and decide the no confidence motion.

(3) If the motion of no confidence is carried by a majority of the total number of

members of Gram Panchayat, then, the Gram Panchayat shall recommend to the Gram Sabha

the removal of the Sarpanch or the Upa-Sarpanch, as the case may be, from his office.

(4) On receipt of recommendation under sub-section (3), a meeting of the Gram Sabha

shall be convened with a quorum of not less than one-third of the total membership of the

Gram Sabha and the recommendation shall be approved by majority of members present and

voting.

(5) Upon the approval of the recommendation under sub-section (4), the Sarpanch

shall cease to hold office after a period of three days from the date on which the recommendation

is approved unless he has resigned earlier.

(6) If the recommendation of the Gram Panchayat is not approved by the Gram Sabha

under sub-section (4) or there is no quorum in the special meeting of the Gram Sabha, no

fresh motion of no confidence shall be moved against the Sarpanch in the Gram Panchayat

within a period of six months from the date on which the recommendation fails to acquire

approval of the Gram Sabha or the date on which the recommendation could not be considered

for lack of quorum.

(7) Notwithstanding anything contained in this Regulation, the Sarpanch or

Upa-Sarpanch, for the removal of whom the motion of no confidence or recommendation

under sub-section (3) is under consideration, shall not preside over a meeting of Gram

Panchayat under sub-section (2) and Gram Sabha under sub-section (4) but he shall have a

right to speak or otherwise take part in the proceedings of such meetings.

24. (1) The Chief Executive Officer may by order suspend from the office a Sarpanch or

an Upa-Sarpanch or any member of a Gram Panchayat against whom any criminal proceedings

in respect of an offence involving moral turpitude have been instituted or who has been

detained in a prison during trial for any offence or who is undergoing such sentence of

imprisonment as would not disqualify him from continuing as a member of the Panchayat

under section 14 or who has been detained under any law relating to preventive detention for

the time being in force.

Resignation of

office.

Motion of no

confidence.

Suspension of

Sarpanch or

Upa-Sarpanch

or any

Members of

Gram

Panchayat.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(2) Where any Sarpanch or Upa-Sarpanch or member, has been suspended under

sub-section (1), another member of the Gram Panchayat shall, subject to the conditions to

which the election of the Sarpanch or Upa-Sarpanch or member, so suspended was subjected

to, be elected to perform all the duties and exercise all the powers of a Sarpanch or

Upa-Sarpanch or member, during the period for which such suspension continues.

(3) An appeal against an order passed under sub-section (1) shall lie before the

Administrator or any officer authorised by him within a period of thirty days from the date of

the order.

25. (1) The Secretary Panchayat may by order remove from office any member of the

Panchayat, the Sarpanch or, as the case may be, the Upa-Sarpanch thereof, after giving him

an opportunity of being heard and giving due notice in that behalf and after such inquiry as

it deems necessary, if such member, Sarpanch or, as the case may be, Upa-Sarpanch has been

guilty of misconduct in the discharge of his duties or of any disgraceful conduct or abuses

his powers or makes persistent default in the performance of his duties and functions under

this Regulation or has become incapable of performing his duties and functions under this

Regulation and the Sarpanch or, as the case may be, the Upa-Sarpanch, so removed may at

the discretion of the Secretary Panchayat also be removed from the membership of the

Panchayat:

Provided that no member, Sarpanch or Upa-Sarpanch shall be removed unless such

person has been given an opportunity of being heard in the matter.

(2) The Secretary Panchayat may, after following the procedure laid down in

sub-section (1) by order disqualify for a period not exceeding five years any person who has

resigned his office as a member, Sarpanch or Upa-Sarpanch, or otherwise ceased to hold any

such office and has been guilty of misconduct specified in sub-section (1) or has been

incapable of performing his duties and functions:

Provided that an action under this sub-section shall be taken within a period of six

months from the date on which the person resigns or ceases to hold any such office.

(3) Any person aggrieved by an order of the Secretary Panchayat under

sub-section (1) or sub-section (2) may, within a period of thirty days from the date of the

communication of such order, appeal to the Administrator or any officer authorised by him in

this behalf against the said order.

26. Any casual vacancy in the office of the Sarpanch or the Upa-Sarpanch in the Gram

Panchayat, shall be filled for the remainder of his term by election in accordance with the

provisions of this Regulation:

Provided that in the case of a seat or the office of Sarpanch reserved for the Scheduled

Tribe or women, no person other than the member of the Scheduled Tribe or women shall be

qualified to be chosen to such vacancy.

27. (1) There shall be a Panchayat Secretary for every Gram Panchayat who shall be

appointed by the Administrator and draw his salary and allowances from the Gram Fund.

(2) The Panchayat Secretary shall be in charge of the office of the Gram Panchayat and

shall perform all the duties and exercise all the powers imposed or conferred upon him by or

under this Regulation or any rules or bye-laws made thereunder.

(3) Subject to rules as may be made by the Administrator regarding discipline and

control, the Panchayat Secretary shall act in all matters under the general supervision of the

Sarpanch through whom he shall be responsible to the Gram Panchayat.

(4) The Gram Panchayat may appoint such other officers and employees and in such

number as may, from time to time, be necessary with the prior approval of the Administrator

and in such manner as may be prescribed:

Removal

from office.

Casual

vacancy.

Officers and

employees of

Gram

Panchayat.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

Provided that no post shall be created for which no budget provision is made and is

not provided in the staffing pattern approved by the Administrator.

(5) The posting and transfer of the staff recruited under sub-section (4), shall vest with

the Chief Executive Officer.

(6) The terms and conditions of service and duties of Panchayat Secretary and the

term and conditions of service of the officers shall be such as may be prescribed.

28. (1) The time and place of meetings of a Gram Panchayat and the procedure to be

followed at such meetings shall be such as may be prescribed.

(2) A member of a Gram Panchayat may, at any meeting, move any resolution and put

questions to the Sarpanch or the Upa-Sarpanch on matters connected with the Administration

of the Gram Panchayat in such manner as may be prescribed.

(3) No resolution of a Gram Panchayat shall be amended, varied or cancelled by the

Gram Panchayat within a period of three months from the date of passing thereof, except by

a resolution supported by two-thirds of the total number of members of the Gram Panchayat.

29. (1) Subject to such control and restrictions as may be prescribed, a Gram Panchayat

may appoint the following Committees for exercising its powers and discharging its duties

and functions, namely:—

(a) the Executive Committee;

(b) the Public Health Committee;

(d) the Education Committee;

(e) the Committee for production, co-operation and irrigation;

(f) the Social Justice Committee; and

(g) the Committee for Women, Child Development and Youth Activity.

(2) A Committee appointed under sub-section (1), shall consist of not more than five

members and may be dissolved or reconstituted for such reasons and in such manner as may

be prescribed.

(3) The recommendations of the Committees shall be advisory in nature and every

Gram Panchayat shall have the powers to annul, revise or modify any decisions taken by any

of its Committees.

30. No act or proceeding of a Gram Panchayat or of any Committee thereof shall be

deemed to be invalid merely by reason of the existence of any vacancy.

CHAPTER IV

POWERS, DUTIES AND FUNCTIONS OF GRAM PANCHAYAT

31. (1) It shall be the duty of Gram Panchayat, so far as the Gram Fund, to make

reasonable provision within its jurisdiction, in regard to the matters specified in the Second

Schedule.

(2) Subject to the provisions of sub-section (1) a Gram Panchayat shall have powers

and responsibilities to make plans and implement schemes for the development and social

justice including those in relation to the matters specified in the Second Schedule.

32. (1) The Gram Panchayat in respect of all roads, streets, bridges, culverts and other

properties placed by the Administrator under section 37 under its direction, management and

control, subject to the provisions of any other law for the time being in force, may do all

things necessary for the maintenance and repair thereof, and in particular, may—

Meetings of

Gram

Panchayat.

Committees.

Proceedings

not to be

invalid in

certain cases.

Duties and

functions of

Gram

Panchayat.

Control of

Gram

Panchayat on

certain

properties.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(a) wider, open, enlarge, or otherwise improve any such road, bridge or culvert

and plant and preserve trees on the sides of such roads;

(b) deepen or otherwise improve any water-course and other property mentioned

in clause (c) of sub-section (1) of section 89; and

street and building.

(2) The Gram Panchayat shall also have control of all roads, streets, water-ways,

bridges and culvert which are situated within its jurisdiction, not being private property or

not being the property for the time being under the control of the Government and may do all

things necessary for the improvement, maintenance and repair thereof and in particular,

may—

(a) lay out and make new roads; and

(b) construct new bridges and culverts.

33. The Administrator may entrust to the Gram Panchayat, the execution, maintenance

or repair of any work or the management of any institution on behalf of the Administration or

any local authority:

Provided that the funds necessary for the execution, maintenance or repairs of the

work or the management of the institution shall be placed by the Administration or such local

authority as may be determined by the Administrator at the disposal of the Gram Panchayat.

34. (1) Subject to such conditions as may be prescribed, the Administrator may, by

notification, entrust to the Gram Panchayat the functions and duties of collecting the taxes,

land revenue and other dues recoverable under specified scheme.

(2) Where any functions or duties are entrusted to a Gram Panchayat under

sub-section (1), the Administrator shall pay to such Gram Panchayat collection charges at

such rates as may be prescribed.

35. (1) Subject to the rules under this Regulation, a Gram Panchayat may organise a

force to be known as Village Volunteer Force consisting of able bodied persons residing in

the Gram who are not below the age of 18 years and who are willing to join the force and place

such force under the command of a suitable person.

(2) The services of the Village Volunteer Force, may be utilised for general watch and

ward purpose and in cases of emergency like fire, floods, out-break of epidemics or any other

natural calamity.

(3) No member of the Village Volunteer Force, shall be held liable for damages on

account of any act done by him in the bona fide discharge of his duties as a member of such

force.

36. Every contract or agreement entered into by a Gram Panchayat shall be signed by

the Sarpanch and the Panchayat Secretary and sealed with the common seal of the Gram

Panchayat.

37. Notwithstanding the transfer of any powers, functions and duties in respect of any

matter to a Gram Panchayat, where the Administrator is satisfied that by reason of a change

in the nature, the matter has ceased to be a matter in the Second Schedule and that it is

necessary to withdraw from the Gram Panchayat the powers, function or duties in respect of

such matter, by notification, withdraw such powers, functions and duties with effect from the

date specified in the notification and make such incidental and consequential orders as may

be necessary to provide for matters including the taking over of the property, rights and

liabilities, if any, vesting in the Panchayat and of the staff, if any, which may have been

transferred to the Panchayat.

Transfer of

any work or

institution to

Gram

Panchayat.

Collection of

revenue.

Village

Volunteer

Force.

Execution of

contracts.

Modification

of powers,

functions,

etc., from

Gram

Panchayat.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

CHAPTER V

FINANCE, PROPERTY AND ACCOUNTS

38. (1) There shall be a “Gram Fund” for each Gram Panchayat and the same shall be

utilised for carrying out the duties and obligations imposed upon the Gram Panchayat by

this Regulation.

(2) The following shall be credited to and form part of the Gram Fund, namely:—

(a) the proceeds of any tax or fee imposed under section 41;

(b) the contributions made by the Government or any local authority or person;

(d) the income from securities in which the Gram Fund is invested;

(e) the share in the collection of land revenue or other grants from the

Administration;

(f) all sums received by way of loans or gifts;

(g) the income derived from fisheries and other sectors under the management of

the Gram Panchayat;

(h) the income from or proceeds of any property of the Gram Panchayat;

(i) the sale proceeds of all dust, dirt, dung or refuse collected by the functionaries

of the Gram Panchayat;

(j) the sums assigned to the Gram Fund by any general or special order of the

Administration; and

(k) all sums received in aid of or for expenditure on any institution or service

maintained or financed from the Gram Fund or managed by the Gram Panchayat.

(3) The amount in the Gram Fund shall be applied subject to the provisions and for the

purposes of this Regulation and shall be kept in such custody and in such manner as may be

prescribed.

39. The Administrator may, subject to such conditions as he may deem fit, make grants

to the Gram Panchayat for general purposes or for the improvement of the village and the

welfare of residents therein.

40. (1) The Administrator may, if he deems fit, place all or any of the properties, of the

nature specified below, and situated within the jurisdiction of the Gram Panchayat under the

direction, management and control of the Gram Panchayat, namely:—

(i) open sites, waste, vacant and grazing lands, not being private property and

river beds;

(ii) public roads and streets;

(iii) public channels, water courses, wells, ponds, tanks (except irrigation tanks

under the control of the Government), public reservoirs (except water treatment plants

under the control of the Government), cisterns, fountains, aqueducts and any adjacent

land (not being private property) appertaining to any public tanks or ponds, and lands

appertaining thereto;

(iv) public sewers, drains, drainage works, tunnels and culverts and things

appertaining thereto and other conservancy works;

(v) sewage, rubbish and offensive matter, deposited on streets or collected by

the Gram Panchayat from streets, latrines, urinals, sewers, cesspools and other places;

(vi) street lights, public lamps, lamp posts and apparatus connected therewith or

appertaining thereto;

Gram Fund.

Grants.

Properties

placed under

disposal,

management

and control of

Gram

Panchayat.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(vii) public library, reading rooms, slaughter houses, fish farms, cremation

grounds, primary schools, anganwadi centres; and

(viii) road side trees, fuel wood plantation, non-conventional energy equipments.

(2) All markets and fairs or such portions thereof as are held upon public land shall be

managed and regulated by the Gram Panchayat and Gram Panchayat shall receive to the

credit of the Gram Fund referred to in sub-section (1) of section 38 all dues levied or imposed

in respect thereof.

41. (1) Subject to the rules made under this Regulation a Gram Panchayat, in relation to

the services provided by it directly, may levy—

(a) a tax on the owners or occupiers of buildings;

(b) a tax on trades, callings and employment;

limits of the Gram Panchayat;

(d) a tax on sale of cattle within the limits of the Gram Panchayat;

(e) a theatre or show tax on entertainments and amusements;

(f) a lighting tax;

(g) a drainage tax;

(h) fees for providing sanitary arrangements at such places of worship, of

pilgrimage, fairs and melas within its jurisdictions;

(i) fees for sale of goods in markets, melas, fairs and festivals;

(j) fee for grazing of cattle in grazing lands under the management of the Gram

Panchayat;

(k) fee for providing the watch and ward of crops in the Gram Panchayat;

(l) licence fee for plying of public ferry; and

(m) such other taxes as may be approved by the Administrator.

(2) The taxes and fees referred to in sub-section (1) shall be imposed, assessed and

realised in such manner and at such times as may be prescribed.

42. Any person aggrieved by the assessment, levy or imposition of any tax or fee

under section 41, may appeal to the Panchayat Secretary within thirty days of the date of the

order imposing such tax or fee and second appeal in these cases shall lie with the Chief

Executive Officer.

43. The Chief Executive Officer may, by order, suspend the levy or imposition of any

tax or fee under section 38 and may at any time in the like manner rescind such suspension.

44. It shall be lawful for a Gram Panchayat to lease by public auction or private contract

after following prescribed procedure, the collection of any fee on specified markets and

bazars, if any, such fee is imposed under section 41:

Provided that a lessee shall give security for the due fulfilment of the conditions of the

lease or contract.

45. (1) When any tax or fee or other sum due to a Gram Panchayat has become

payable, the Gram Panchayat shall with the least practicable delay cause to be sent to the

person liable for the payment thereof, a demand notice in the prescribed form for the amount

due from him and require him, to pay the amount within a period of thirty days, from the date

of such notice.

Taxes which

may be

imposed.

Appeal against

levy of tax,

etc.

Suspension of

levy of tax or

fee.

Lease of

collection of

markets fees,

etc.

Recovery of

taxes and

other dues.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(2) Every notice of demand under sub-section (1) shall be served in such manner as

may be prescribed.

(3) If the sum for which a notice of demand has been served is not paid within a period

of thirty days from the date of such notice, the Gram Panchayat may apply to the Mamlatdar

or any other officer authorised in this behalf by the Administrator for its recovery as an arrear

of land revenue.

46. Every Gram Panchayat shall maintain accounts in such form as may be prescribed.

47. (1) Every Gram Panchayat shall, at such time and in such manner as may be

prescribed, prepare in each year a development plan for that year and present before the

District Planning Committee.

(2) No expenditure shall be incurred unless the budget is approved by the Administrator.

48. (1) The accounts of every Gram Panchayat shall be audited annually in such

manner as may be prescribed.

(2) The audit shall be carried out by the prescribed authority or such other officer as

the Administrator may appoint in this behalf and such prescribed authority or other officer

shall within one month of the completion of the audit, forward copies of the audit report to

the Chief Executive Officer and the Gram Panchayat.

(3) The Chief Executive Officer may, after considering the report and after making such

further enquiry as he may consider necessary, disallow any item which appears to him

contrary to law and surcharge the same on the person making or authorising the illegal

payment and shall—

(a) if such person is a member of the Gram Panchayat, proceed against him in the

manner as specified in sub-sections (2) and (3) of section 53; and

(b) if such person is not a member of the Gram Panchayat, obtain the explanation

of the person and direct such person to pay to the Gram Panchayat the amount

surcharged within a specified period and if the amount is not paid within the specified

period, the Chief Executive Officer shall cause it to be recovered as an arrear of land

revenue and credit it to the Gram Fund referred to in sub-section (1) of section 38.

(4) Any person aggrieved by an order of the Chief Executive Officer under sub-section (3)

may, within thirty days of the date of such order, prefer an appeal to the Secretary Panchayat

whose decision thereon shall be final.

(5) Social audit of the major works being carried out by the Gram Panchayat shall be

organised as may be decided by the Director Panchayat from time to time and the report of

such audit whenever carried out shall be submitted to the Administrator by Director Panchayat

along with his comments.

49. (1) Every Gram Panchayat shall submit annually to the Chief Executive Officer a

report on the administration of the Gram Panchayat during the previous year.

(2) The report shall be prepared by the Panchayat Secretary and after it is approved by

the Gram Panchayat, shall be forwarded to the Chief Executive Officer with a copy of the

resolution of the Gram Panchayat thereon.

(3) The annual administration report of the Gram Panchayat shall contain an introductory

section with basic statistics about the Gram Panchayat and data related to devolution of

functions, finances, functionaries and performance of its duties, functions and obligations.

(4) The Chief Executive Officer shall forward the annual administrative report through

the Director Panchayat along with his comments to the Administrator.

Accounts.

Annual

estimate of

expenditure.

Audit.

Administrative

report.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

CHAPTER VI

CONTROL OF GRAM PANCHAYAT

50. The Chief Executive Officer and the Director Panchayat shall have power to—

(a) call for—

(i) any extract from the proceeding of a Gram Panchayat or any book,

record, correspondence or documents in the possession or under control of a

Gram Panchayat;

(ii) any return, plan, estimate, account or report for the purpose of

inspection or examination;

(b) require a Gram Panchayat to take into consideration—

(i) any objection which appears to the Chief Executive Officer or the

Director Panchayat to exist to the doing of anything which is about to be done

or is being done by such Gram Panchayat, or

(ii) any information which the Chief Executive Officer or the Director

Panchayat is able to furnish and which appears to the Chief Executive Officer or

the Director Panchayat to necessitate the doing of a certain thing by the Gram

Panchayat, and to make written reply to the said Chief Executive Officer or the

Director Panchayat, as the case may be, within a reasonable time, stating its

reasons for desisting from doing such things.

51. (1) If, at any time, it appears to the Chief Executive Officer that a Gram Panchayat

has made wilful and persistent default in the performance of any duty imposed on it by this

Regulation, he may, by order in writing, fix a period for the performance of that duty under

intimation to the Director Panchayat.

(2) If the duty specified under sub-section (1), is not performed within the period so

fixed, the Executive Officer may by an order in writing appoint any Government Agency to

perform it, and direct that the expenses of the performance of such duty shall be paid by the

defaulting Gram Panchayat within such period as the Chief Executive Officer may by order

determine fit.

52. (1) If in the opinion of the Panchayat Secretary, the execution of any order or

resolution of a Gram Panchayat or the doing of anything which is about to be done or is

being done by or on behalf of a Gram Panchayat is causing or likely to cause danger to

human life, health and public safety or annoyance to the public or to lead to a breach of peace

or is unlawful, he shall forthwith bring it to the notice of the Chief Executive Officer who may

by an order in writing suspend the execution or prohibit the doing thereof.

(2) When the Chief Executive Officer makes order under sub-section (1), he shall

forthwith send to the Gram Panchayat affected thereby a copy of the order together with a

statement of the reasons for making it.

(3) The Chief Executive Officer shall forthwith submit to the Secretary Panchayat a

report of the circumstances in which the order was made under this section and the Secretary

Panchayat may after giving notice to the Gram Panchayat and making such inquiry as he

deems fit, rescind, modify or confirm the order.

(4) All actions taken or order made under sections 50, 51 and this section shall be

reported to the Administrator as soon as possible.

53. (1) Every member of the Gram Panchayat shall be personally liable for the loss,

waste or misapplication of any money or other property of the Gram Panchayat which has

been caused or facilitated by his misconduct or wilful neglect of his duty as a member of the

Gram Panchayat.

Power to call

for

proceedings,

etc.

Default in

performance

of duty by

Gram

Panchayat.

Suspension of

execution of

order on

resolution of

Panchayat.

Liability of

members for

loss, waste or

misapplication.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(2) If after giving the member of the Gram Panchayat concerned a reasonable opportunity

for showing cause to the contrary, the Panchayat Secretary is satisfied that the loss, waste or

misapplication of any money or other property of the Gram Panchayat is a direct consequence

of misconduct or wilful neglect on the part of such member, he shall report in writing to the

Chief Executive Officer who shall direct such member to pay to the Gram Panchayat before a

fixed date, the amount required to be reimbursed to it for such loss, waste or misapplication:

Provided that no such order shall be made for bona fide or technical irregularities or

mistake of a member of the Gram Panchayat.

(3) If the amount referred to in sub-section (2) is not so paid, the Chief Executive

Officer shall recover it as an arrear of land revenue and credit it to the Gram Fund referred to

in sub-section (1) of section 38.

(4) An order of the Chief Executive Officer shall be subject to an appeal to the Secretary

Panchayat if made within thirty days of the date of the order.

54. (1) If, in the opinion of the Administrator, a Gram Panchayat exceeds or abuses its

powers or is incompetent to perform or makes persistent default in the performance of the

duties imposed on it or functions entrusted to it under any provision of this Regulation or by

or under any other law for the time being in force, or fails to obey an order made under this

Regulation by the Gram Panchayat superior thereto or by the Administrator or any officer

authorised by it, under this Regulation or persistently disobeys any of such orders, the

Administrator may, after giving the Gram Panchayat an opportunity of rendering an explanation,

by order in the Official Gazette—

(i) dissolve such Gram Panchayat; or

(ii) supersede such Gram Panchayat for the period specified in the order:

Provided that such period shall not be longer than six months or the residual period of

duration of such Gram Panchayat whichever is less:

Provided further that the Administrator may subject to, the preceding proviso from

time to time after making such inquiry as it may consider necessary by an order published in

the Official Gazette, extend the period of supersession of such Gram Panchayat until such

date as may be specified in the order or by like order curtail the period of such supersession.

(2) When a Gram Panchayat is dissolved or superseded, all members of the Gram

Panchayat shall from the date specified in the order, vacate their office as such members.

(3) When the Gram Panchayat is dissolved or superseded, it shall be reconstituted, in

the manner provided in this Regulation.

(4) If a Gram Panchayat is dissolved or superseded—

(a) all the powers and duties of the Gram Panchayat shall during the period of

dissolution or supersession, as the case may be, exercised and performed by

such person or persons as the Administrator may from time to time appoint in that

behalf;

(b) all property vested in the Gram Panchayat shall during the period of dissolution

or supersession, as the case may be, vest in the Administrator; and

supersession, the Gram Panchayat shall be reconstituted in the manner provided in

this Regulation, and the persons vacating office shall be eligible for re-election.

55. (1) If any dispute arises between two or more Gram Panchayats, it shall be referred

to a Joint Committee of Panchayat appointed under section 80.

(2) If the Joint Committee is unable to resolve the issue it shall be referred to the

Secretary Panchayat and the decision of Secretary Panchayat thereon shall be final.

Dissolution or

suspension of

panchayat for

default.

Disputes

between Gram

Panchayats.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

56. The Administrator or the Secretary Panchayat may call for and examine the record

of the proceedings of any Gram Panchayat for the purpose of satisfying himself as to the

legality or propriety of any order passed and may revise or modify the order as he may deem

fit:

Provided that no order shall be so revised or modified without giving the Gram

Panchayat concerned a reasonable opportunity of showing cause against the proposed

order for revision or modification of the order.

CHAPTER VII

THE DISTRICT PANCHAYAT

57. The Administrator shall, by notification, constitute for the Districts in the Union

territory, a Panchayat at the District level to be called the District Panchayat.

58. (1) The District Panchayat shall consist of such number of seats to be filled from

such number of wards, as the Administrator may, by order, determine.

(2) Subject to the provisions of sub-section (3), the territorial boundary for each ward

shall be notified by the Administrator on the recommendations of the Election Commission.

(3) The seats in the District Panchayat shall be filled by persons chosen by direct

election from the wards 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 District Panchayat area.

(4) The following persons shall also be represented in the District Panchayat, namely:—

(a) all sarpanches of Gram Panchayats;

(b) the Member of Lok Sabha representing the Constituency of Union territory:

Provided that the representatives under clauses (a) and (b) shall have the right to

vote in the meetings other than the meetings held for election of the President and the

Vice-President.

(5) The provisions of sub-sections (5), (6), (7) and (8) of section 12 shall, so far as may

be, apply to the District Panchayat as they apply to a Gram Panchayat subject to the

modification that for the words “Gram Panchayat” wherever they occur in those provisions,

the words “District Panchayat” shall be substituted.

59. The District Panchayat shall, by the name notified under section 57 be a body

corporate having perpetual succession and a common seal and subject to such restrictions

and conditions imposed by or under this Regulation or any other law for the time being in

force, have power to acquire, hold, administer and transfer property, both movable and

immovable and enter into any contract and shall by the said name sue or be sued.

60. Every member of the Gram Sabhas constituting the District Panchayat shall, unless

disqualified under this Regulation or any other law for the time being in force be qualified,—

(i) to vote at an election to the District Panchayat;

(ii) be elected to the District Panchayat.

61. (1) No person shall be a member of a District Panchayat or continue as such who—

(a) has not attained the age of twenty-one years;

(b) is not a citizen of India;

Administrator

or Secretary

Panchayat

may call for

proceedings.

District

Panchayat.

Composition

of District

Panchayat.

Incorporation

of District

Panchayat.

Persons

qualified to

vote and be

elected.

Disqualification.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

convicted—

(i) of an offence under the Protection of Civil Rights Act, 1955 and a period

of five years, or such lesser period as the Administrator may determine in any

particular case, has elapsed since his conviction;

(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 determine in any particular case, has elapsed since his release;

(d) has been adjudged by a competent court to be of unsound mind;

(e) has been adjudicated an insolvent;

(f) has been removed from any office held by him in any District Panchayat under

any provision of this Regulation or in any District 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 on account of such removal from office;

(g) has been disqualified from holding office under any provision of this

Regulation and the period for which he was so disqualified has not elapsed;

(h) 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;

(i) 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.

Explanation.—For the removal of doubts, it is hereby clarified that a person

shall not be disqualified under this clause for membership of a Panchayat by reason

only of such person—

(i) having share in any joint stock company or a share or interest in any

society registered under any law for the time being in force which shall contract

with or be employed by or on behalf of any Panchayat;

(ii) having a share or interest in any newspaper in which any advertisement

relating to the affairs of any Panchayat may be inserted;

(iii) holding a debenture or being otherwise concerned in any loan raised

by or on behalf of any Panchayat;

(iv) being professionally engaged on behalf of any Panchayat as a legal

practitioner;

(v) having any share or interest in any lease of immovable property in

which the amount of rent has been approved by the District Panchayat in the

case of a village Panchayat, or by the District Panchayat in its own case or in any

sale or purchase of immovable property or in any agreement for such lease, sale

or purchase;

(vi) having a share or interest in the occasional sale to the Panchayat of

any article in which he regularly trades or in the purchase from the Panchayat of

any article, to a value in either case not exceeding in any year one thousand

rupees;

(vii) merely being a relative of a person in employment with or under or by

or on behalf of the Panchayat;

(j) 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 Panchayat;

22 of 1955.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(k) 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.

Explanation.—For the removal of doubts, it is hereby clarified that—

(i) a person shall not be deemed to be disqualified if he has paid the arrears

or the sum referred to in clause (k) of this sub-section, prior to the day prescribed

for the nomination of candidates;

(ii) failure to pay the arrears or the sum referred to in clause (k) of this

sub-section to the Panchayat by a member of an Hindu Undivided Family or by

a person belonging to a group or unit, the members of which are by custom joint

in estate or residence, shall be deemed to disqualify all members of such Hindu

Undivided Family or as the case may be, all the members of such group or unit;

(l) is a employee of the Government or any local authority;

(m) has voluntarily acquired the citizenship of a Foreign State or is under any

acknowledgement of allegiance or adherence to a Foreign State;

(n) 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 this, 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;

(o) is disqualified under any other provision of this Regulation, and the period

for which he was so disqualified has not elapsed;

(p) has more than two children:

Provided that a person having more than two children on the date of

commencement of this Regulation 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 be taken

into consideration for the purpose of disqualification under this clause.

Explanation.—For the purposes of this clause, it is hereby clarified that,—

(i) where a couple has only one child on or after the date of such

commencement, any number of children born out of single subsequent delivery

shall be deemed to be one entity;

(ii) “child” does not include an adopted child or children;

(q) is without permission of the Gram Panchayat, absent from three consecutive

meetings;

(r) has been ordered to give security for good behaviour under section 109 or

section 110 of the Code of Criminal Procedure, 1973; or

(s) has been dismissed from the service of the Government or Municipality or

Gram Panchayat for misconduct within five years prior to the date of poll.

(2) A person shall be disqualified for being a member of the District Panchayat if he is

so disqualified under the Fifth Schedule.

2 of 1974.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

62. If any question arises as to whether a person has become subject to any

disqualification referred to in section 4, section 14, section 15, section 60 and section 61, it

shall be referred to the Administrator of the Union territory for decision and his decision

thereon shall be final:

Provided that before giving any decision on such question, the Administrator shall

obtain the opinion of the Election Commission and act according to such opinion:

Provided further that no person shall be disqualified unless such person has been

given an opportunity for being heard in the matter.

63. (1) The election of members of a District Panchayat shall be held in such a manner

(including the manner of voting) as may be prescribed and on such date or dates as the

Administrator may, in consultation with the Election Commission, by notification direct:

Provided that a casual vacancy shall be filled-up within a period of six months from the

date of occurrence of such vacancy:

Provided further that no election shall be held to fill a casual vacancy occurring within

six months prior to the general election of a District Panchayat under this section.

(2) It shall be competent for the Election Commission for reasons which it considers

sufficient, to extend the time for the completion of any election by making necessary

amendments in the notification issued under sub-section (1).

(3) Where in respect of a Panchayat which is to be reconstituted on account of the

expiry of its duration, the Administrator is satisfied that, it is not possible to hold elections

before the expiry of duration for reconstituting the Panchayat, on account of any natural

calamity, riots, communal disturbances, force-majeure, then, notwithstanding anything

contained in this Regulation or rules made thereunder, the Administrator may by notification,

make a declaration to that effect.

(4) On the issue of the notification under sub-section (3), all the powers and duties of

the Panchayat shall be exercised and performed for the period, during which the notification

remains in force by such officer as the Administrator may by order in writing specify.

64. (1) Any member of a District Panchayat who during his term of office—

(i) is absent for more than three consecutive months from the district and a leave

not exceeding four months so to absent himself has been granted by the Panchayat; or

(ii) absents himself for four consecutive months from the meetings of the

Panchayat without the leave of the said Panchayat,

shall cease to be a member and his office shall be vacant and thereupon the Panchayat shall

as soon as may be inform him that the vacancy has occurred.

(2) Any dispute, as to whether a vacancy has or has not occurred under this section,

shall be referred to the Secretary Panchayat for decision, and the decision of such Secretary

Panchayat shall be final:

Provided that such reference shall not be entertained, if it is made after the expiry of

fifteen days from the date on which the Panchayat informs under sub-section (1) to the

member in regard to such vacancy.

(3) Whenever a leave is granted under sub-section (1) to a member who is a

Vice-President, another member shall, subject to the conditions to which the election of the

Vice-President so absenting himself was subjected to, be elected to perform all the duties and

exercise all the powers of a Vice-President during the period for which such leave is granted.

65. (1) On the constitution of the District Panchayat for the first time under this

Regulation or on its reconstitution, a meeting shall be called on a date fixed by the

Administrator for taking oath of office by all the members in the form set out in the First

Schedule before the Secretary Panchayat.

Decision on

question as to

disqualification.

Election.

Leave of

absence.

Oath of

office.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(2) The officer appointed by the Administrator shall preside over at such meeting, but

not have the right to vote.

(3) No member of the District Panchayat who has not taken such oath shall vote or take

part in the proceedings of any meeting nor shall be included as a member of any Committee

constituted by the District Panchayat.

66. (1) On the constitution of the District Panchayat for the first time under this

Regulation or on the expiry of the term of the District Panchayat or on its reconstitution, a

meeting shall be called on a date fixed by the Secretary Panchayat where the elected

members of the District Panchayat shall elect, from amongst themselves, a President and a

Vice-President.

(2) The officer appointed by the Secretary Panchayat shall preside over at such meeting,

but shall not have the right to vote.

(3) No business other than the election of the President and the Vice-President shall be

transacted at such meeting.

(4) In case of equality of votes, the result of the election shall be decided by lots drawn

in the presence of the officer appointed, in such manner as he may determine.

(5) The office of the President and the Vice-President shall be reserved for the Scheduled

Tribes according to a roster of reservation which shall be maintained in such form and

manner as may be prescribed:

Provided that the office of the President and Vice-President shall be reserved for

women in every second term.

(6) The term of the office of the President and Vice-President, unless the District

Panchayat is sooner dissolved under any law for the time being in force, shall be maximum of

two years and six months from the date they are appointed for its first meeting and no longer.

67. The President shall—

(i) convene and preside at and conduct meetings of the District Panchayat;

(ii) have access to the records of the Panchayat;

(iii) discharge all duties imposed, and exercise all the powers conferred on him

by or under this Regulation;

(iv) watch over the financial and executive administration of the Panchayat and

submit to the Panchayat all questions connected therewith which shall appear to him

to require its orders; and

(v) exercise administrative supervision over the Chief Executive Officer for

securing implementation of resolution or decisions of the Panchayat or of any

Committee thereof.

68. The Vice-President shall,—

(a) exercise the powers and perform the duties of the President when he is

absent on leave or incapacitated from functioning or when the office of the President

falls vacant; and

(b) in the absence of the President or when the office of the President falls

vacant, preside over the meetings of the District Panchayat.

69. (1) The District Panchayat, unless sooner dissolved under any law for the time

being in force, shall continue for five years from the date appointed for its first meeting and

no longer.

(2) An election to constitute the District Panchayat shall be completed—

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

Election of

President and

Vice-

President.

Meetings.

Powers and

duties of Vice-

President.

Duration of

District

Panchayat.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(b) before the expiry of a period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved District

Panchayat would have continued is less than six months, it shall not be necessary to hold

any election under this sub-section for constituting the District Panchayat.

(3) The District Panchayat constituted upon the dissolution of a District Panchayat

before the expiration of its duration shall continue only for the remainder of the period for

which the dissolved District Panchayat would have continued under sub-section (1) had it

not been so dissolved.

70. (1) Any member of the District Panchayat may resign his office by giving notice in

writing to that effect to the President under intimation to the Chief Executive Officer and such

resignation, shall take effect from the date of its acceptance by the President.

(2) The Vice-President may resign his office by giving notice in writing to the President

under intimation to the Chief Executive Officer and such resignation, shall take effect from

the date of its acceptance by the President.

(3) The President may resign his office by giving notice in writing to the Secretary

Panchayat, under intimation to the Administrator and such resignation, shall take effect from

the date of its acceptance by the Secretary Panchayat.

71. Any casual vacancy in the office of the President or the Vice-President or Member

in the District Panchayat shall be filled for the remainder of the duration of the District

Panchayat by election in accordance with the provisions of this Regulation:

Provided that where a seat or office of the President has been reserved for women or

the Scheduled Tribes, no person other than a women or a member of the Scheduled Tribes

shall be qualified to be chosen to fill such vacancy for the remainder of the term.

72. (1) The Secretary Panchayat may by order suspend from office the President or

the Vice-President or any member of District Panchayat against whom any criminal proceedings

in respect of an offence involving moral turpitude have been instituted or who has been

detained in a prison during trial for any offence or who is undergoing such sentence of

imprisonment as would not disqualify him from continuing as a member of the Panchayat

under section 58, or who has been detained under any law relating to preventive detention

for the time being in force.

(2) Where the President or the Vice-President or any member of District Panchayat has

been suspended under sub-section (1), another member shall, subject to the condition to

which the election of the President, Vice-President or, as the case may be, any member of

District Panchayat suspended, was subject be elected to perform all the duties and exercise

all the powers of a President or a Vice-President or a member of District Panchayat, as the

case may be, during the period for which such suspension continues.

(3) An appeal against an order passed under sub-section (1) shall lie before the

Administrator or any officer authorised by him in this behalf within a period of thirty days

from the date of the order.

73. (1) A motion of no confidence against the President or the Vice-President may be

moved by not less than one-third of the elected members of the District Panchayat after

giving notice thereof, but not before six months of assumption of office by the President or

the Vice-President.

(2) If the motion is carried by a majority of not less than two-third of the elected

members of the District Panchayat, the President or the Vice-President, as the case may be,

shall cease to hold office from the date on which the motion is carried unless he has resigned

earlier.

(3) Notwithstanding anything contained in this Regulation, the President or the

Vice-President shall not preside over a meeting in which motion of no confidence is discussed

Resignation of

office.

Casual vacancy.

Suspension of

President or

Vice-President

or any

member of

District

Panchayat.

Motion of no

confidence.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

against him, but he shall have a right to speak or otherwise take part in the proceedings of

such meetings.

74. (1) The Secretary Panchayat may by order remove from office any member of the

District Panchayat, the President or Vice-President thereof, after giving him an opportunity

of being heard and due notice in that behalf and after such inquiry as it deems necessary, if

such member, the President or the Vice-President has been guilty of misconduct in the

discharge of his duties or of any disgraceful conduct or abuses his powers or makes persistent

default in the performance of his duties and functions under this Regulation or has become

incapable of performing his duties and functions under this Regulation and the President or

as the case may be the Vice-President, so removed may at the discretion of the Secretary

Panchayat also be removed from the membership of the Panchayat:

Provided that no member, the President or the Vice-President of District Panchayat

shall be removed unless such person has been given an opportunity of being heard in the

matter.

(2) The Secretary Panchayat may, after following the procedure laid down in

sub-section (1) by order disqualify for a period not exceeding five years any person who has

resigned from his office of member, the President or the Vice-President or otherwise ceases to

hold any such office and has been guilty of misconduct specified in sub-section (1) or has

been incapable of performing his duties:

Provided that such action shall be taken within six months from the date on which the

person resigns or ceases to hold any such office.

(3) Any person aggrieved by an order of the Secretary Panchayat under

sub-section (1) or sub-section (2) may, within a period of thirty days from the date of the

communication of such order, appeal to the Administrator or any officer authorised by him in

this behalf against the said order.

75. (1) The Administrator shall appoint the Chief Executive Officer of the District

Panchayat who shall not be below the rank of Additional District Magistrate.

(2) The Administrator shall also appoint an Accounts Officer for District Panchayat.

(3) The Administrator shall post from time to time in District Panchayat such number of

officers of Group ‘A’ and Group ‘B’ including any officers employed by the existing local

authority and other officers allocated to serve under the Lakshadweep Administration, as

the Administrator considers necessary.

(4) Notwithstanding anything contained in this Regulation or any other law for the

time being in force the District Panchayat or other authority authorised by the District

Panchayat in this behalf shall have power to effect transfer of the officers and officials other

than those mentioned in sub-section (3) posted in the District Panchayat.

(5) The District Panchayat may create and fill-up such other posts in such number as

may from time to time be necessary with the prior approval of the Administrator:

Provided that no post shall be created for which no budget provision is made and is

not provided in the staffing pattern approved by the Administrator as provided under

sub-section (6).

(6) The Administrator shall approve the staffing pattern for the District Panchayat and

Gram Panchayat for carrying out the functions mentioned in this Regulation and the terms

and conditions of service of such staff shall be such as may be prescribed.

76. The staff posted in the District Panchayat shall be governed by the terms and

conditions of their service as may be applicable to them before their posting in the District

Panchayat.

Removal

from office.

Staff of

District

Panchayat.

Service

conditions of

staff of

District

Panchayat.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

77. (1) Save as otherwise expressly provided by or under this Regulation, the executive

powers of a District Panchayat for the purpose of carrying out the provisions of this

Regulation, shall vest in the Chief Executive Officer and he shall—

(a) perform all the functions and exercise all the powers specifically imposed or

conferred upon him by or under this Regulation, or under any law for the time being in

force; and

(b) lay down the duties of all officers and employees of the District Panchayat.

(2) Subject to the provisions of this Regulation and the rules made thereunder the

Chief Executive Officer shall—

(a) be entitled to—

(i) attend the meetings of the District Panchayat, or any of its committee;

(ii) call for any information, return statement, account or report from any

officer or servant of or holding office under, the District Panchayat;

(iii) grant leave of absence to such class of officers as may be prescribed

by rules; and

(iv) call for an explanation from any officer or servant of or holding office

under the District Panchayat;

(b) subject to the control of the District Panchayat, discharge duties and perform

function in respect of matters which by or under this Regulation are not expressly

imposed or conferred on any committee, presiding officer or any officer of the District

Panchayat;

conditions as may be prescribed;

(d) supervise and control, engagement of all casual labours, daily wage workers

and contractual employment of the District Panchayat;

(e) supervise and control, the execution of all activities of the District Panchayat;

(f) take necessary measures for the speedy execution of all works and development

schemes of the District Panchayat;

(g) have custody of all papers and documents connected with the District

Panchayat;

(h) assess and give his opinion confidentially every year on the work of the

officers holding office under the District Panchayat; forward them to such authorities

as may be prescribed by the Union territory Administration and lay down the procedure

for writing such reports about the work of officers and servants under the District

Panchayat;

(i) draw and disburse money out of the fund;

(j) exercise supervision and control over the acts of officers and servants holding

office under the District Panchayat in matters of executive administration and those

relating to accounts and records of the District Panchayat; and

(k) exercise such other powers and perform such other functions as may be

prescribed.

(3) The Chief Executive Officer may subject to such conditions as may be prescribed,

delegate any of his power and functions to any officer or employee holding office under the

District Panchayat, provided such officer or employee is not below such rank as may be prescribed.

(4) Subject to the other provisions of this Regulation, the Chief Executive Officer shall

be under the general control of the District Panchayat.

Functions of

Chief

Executive

Officer and

other officers.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

78. Every person in possession of moneys, accounts, records or other property

pertaining to a Gram Panchayat or a District Panchayat, shall on the requisition in writing of

the Chief Executive Officer for this purpose, forthwith hand over such moneys or deliver up

such accounts, records or other property to the Chief Executive Officer or the person

authorised in the requisition to receive the same.

79. (1) The time and place of meetings of the District Panchayat and the procedure to

be followed at such meeting shall be such as may be prescribed.

(2) A member of the District Panchayat may, at any meeting, move any resolution and

put question to the President or the Vice-President on matters connected with the

administration of the District Panchayat in such manner as may be prescribed.

(3) No resolution of the District Panchayat shall be modified, amended, varied or

cancelled by the District Panchayat within a period of three months from the date of passing

thereof except by a resolution supported by two-thirds of the total number of members of

the District Panchayat.

80. (1) Subject to such rules as may be prescribed, the District Panchayat may appoint

from amongst its members, the following Standing Committees for exercising its powers and

discharging its duties and functions, namely:—

(a) Executive Committee;

(b) Public Health Committee;

(d) Education Committee;

(e) Committee for production, co-operation and irrigation;

(f) Social Justice Committee; and

(g) Committee for Women, Child Development and Youth activity.

(2) The composition and tenure of Committees referred to in clauses (a) to (g) of

sub-section (1) shall be such as may be prescribed.

(3) In addition to the Committees referred to in sub-section (1), a District Panchayat

may with the prior approval of the Administrator constitute a Committee or Committees to

execute any work or scheme decided upon by the District Panchayat or to inquire into and

report to the District Panchayat on matters which the Panchayat may refer to such Committee

or Committees and the District Panchayat may make regulations for the procedure to be

followed by any such Committee.

(4) No fee or allowances shall be payable for attending the meetings.

81. No act or proceedings of the District Panchayat or of Standing Committee thereof

shall be deemed to be invalid merely by reason of the existence of any vacancy therein.

82. The Administrator shall, from time to time, consult the President and the

Vice-President of the District Panchayat on any matter specified in the Fourth Schedule and

the views of the President or the Vice-President on such matter shall be recommendatory in

nature.

83. The District Panchayat shall have such powers and authority as the Administrator

may, by order, specify, so as to enable it to function as an institution of self-government with

respect to the preparation of plans for economic development and social justice and the

implementation of schemes for economic development and social justice in relation to the

matters listed in the Third Schedule.

Right to

requisition

records.

Meetings of

District

Panchayat.

Standing

Committees

or Joint

Committees,

etc. .

Acts or

proceedings

not to be

invalid.

Consultation

with President

and Vice-

President.

Duties and

functions of

District

Panchayat.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

84. The District Panchayat in respect of roads, streets, bridges, culverts and other

properties placed by the Administrator under sub-section (1) of section 89 under its direction,

management and control, may do all things necessary for the maintenance and repair thereof,

and in particular, may:—

(a) widen, open, enlarge, or otherwise improve any such road, bridge or culvert

and plant and preserve trees on both sides of such roads;

(b) deepen or otherwise improve any water course and other property mentioned

in clause (c) of sub-section (1) of section 89;

street; or

(d) lay out and make new roads; and construct new bridges and culverts.

85. The Administrator may entrust to the District Panchayat, the execution,

maintenance or repair of any work or the management of any institution on behalf of the

Administrator or any local authority:

Provided that the funds necessary for the execution, maintenance or repair of the work

or the management of such institution shall be placed at the disposal of the District Panchayat

by the Administrator or such local authority.

86. Every contract or agreement entered into on behalf of the District Panchayat, shall

be in writing and shall be signed by the President and by two other members of the District

Panchayat and shall be sealed by the common seal of be District Panchayat.

87. A fund to be called “District Panchayat Fund, (Name of the District)” shall be

constituted for crediting the following monies by or on behalf of the District Panchayat and

also for withdrawal of such monies therefrom, namely:—

(i) the proceeds of any tax or fee imposed by or under section 90;

(ii) the contribution made by the Government or any local authority or persons;

(iii) all sums ordered by any authority or court to be credited to the District

Panchayat Fund;

(iv) the income from securities in which the District Panchayat Fund is invested;

(v) all sums received by way of loans or gifts;

(vi) income derived from fisheries under the management of the District

Panchayat;

(vii) income from proceeds of any property of the District Panchayat;

(viii) sum assigned to the District Panchayat Fund by any general or special

order of the Government;

(ix) all sums received in aid of or for expenditure or any institution or service,

maintained or financed from the District Panchayat Fund or managed by the District

Panchayat; and

(x) grants-in-aid from the consolidated fund of India.

88. The Administrator may, subject to such conditions as he may deem fit, make

grants to the District Panchayat for general purposes or for the improvement of the District

and the welfare of the residents thereof.

89. (1) The Administrator may, if he deems fit, place all or any of the following properties

situated within the jurisdiction of the District Panchayat under the direction, management

and control of the District Panchayat, namely:—

(a) open sites, waste, vacant and gazing land, not being private property, and

river beds;

Control of

District

Panchayat on

certain

properties.

Transfer of any

work or

institution to

District

Panchayat.

Constitution

of District

Panchayat

Fund.

Mode of

making

contracts.

Grants.

Properties

vested in

District

Panchayat.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(b) public roads and streets;

under the control of the Government), public springs, reservoirs, cisterns, aqueducts

and any adjacent land (not being private property) appertaining to any public tanks or

ponds and lands appertaining thereto;

(d) public sewers, drains, drainage works tunnels and culverts and things

appertaining thereto and other conservancy works;

(e) sewerage rubbish and offensive matters deposited on streets or collected by

the Panchayat from streets, latrines, urinals, sewers, cesspools and other places;

(f) streetlight, public lamps, lamp posts and apparatus connected therewith or

appertaining thereto;

(g) public library, reading rooms, slaughter houses, fish farms, cremation grounds,

primary schools, anganwadi centres; and

(h) road side trees, fuel wood plantation, non-conventional energy equipments.

(2) All markets and fairs or such portion thereof as are held upon public land shall be

managed and regulated by the District Panchayat and all dues levied or imposed in respect

thereof shall be credited to the District Panchayat Fund.

90. The District Panchayat shall levy, collect, assess and appropriate the taxes, duties,

tolls, cess and fees in relation to the services provided by it directly subject to rules made in

this behalf and also levy such taxes at such rates as the Administrator may prescribe.

91. (1) Any person aggrieved by the assessment, levy or imposition of any tax or fee

under section 90 may prefer an appeal to the Secretary Panchayat within thirty days of the

date of the order imposing such tax or fee.

(2) The second appeal from the order referred to in sub-section (1) shall lie to the

Administrator.

(3) The first appeal and second appeal shall be filed in such form and shall be

accompanied by such fee as may be prescribed.

92. The Administrator may by notification, suspend the levy or imposition of any tax

or fee under section 90 and may at any time in like manner rescind such suspension.

93. It shall be lawful for the District Panchayat to lease by public auction or contract

after following an open transparent procedure the collection of any fee on specified markets

and bazars, if any, such fee is imposed under section 90:

Provided that a lessee shall give security for the due fulfillment of the conditions of the

lease or contract.

94. (1) When any tax or fee or other sum due to District Panchayat has become,

payable, the Chief Executive Officer shall, with the least practicable delay, cause to be sent to

the person liable for the payment thereof, a demand notice in the prescribed form for the

amount due from him and require him to pay the amount within a period of thirty days from

the date of such notice.

(2) Every such notice of demand under sub-section (1) shall be served in such manner

as may be prescribed.

(3) If the sum for which a notice of demand has been served is not paid within thirty

days from the date of such notice, the District Panchayat may apply to the Revenue Officer

named as Mamlatdar concerned for its recovery as arrears of land revenue.

95. The District Panchayat shall maintain accounts in such form and manner as may

be prescribed.

Taxes which

may be

imposed.

Appeal

against levy

of tax, etc.

Suspension of

levy of tax or

fee.

Lease of

collection of

fees, etc.

Recovery of

taxes and

other dues.

Accounts.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

96. (1) The District Panchayat shall, in such time and in such manner as may be

prescribed prepare in each financial year a budget of its estimated receipts and payments for

the following year and submit it to the Secretary Panchayat who shall place it before the

Administrator through the Finance Department of Union territory Administration.

(2) The Secretary Panchayat may, within such period as may be prescribed, either

approve the budget or return it to the District Panchayat through District Planning Committee

for such modification as he may direct.

(3) If any modifications are made under sub-section (2), the budget shall be re-submitted

within such period as may be specified by the Secretary Panchayat.

(4) No expenditure shall be incurred by the District Panchayat unless the budget is

approved by the Administrator.

(5) The District Panchayat may, at any time during the year for which annual budget

estimates has been approved, prepared a revised or supplementary budget which shall be

considered and approved by the Administrator in the same manner as an original budget

under sub-section (2).

97. (1) The accounts of the District Panchayat shall be audited in such manner as may

be prescribed.

(2) The audit shall be carried out by such officer as the Administrator may appoint in

this behalf and that officer shall within one month of the completion of the audit forward

copies of the audit report to the Secretary Panchayat.

(3) The Secretary Panchayat may after considering the report and after making such

further enquiry as he may consider necessary, disallow, under intimation to the Administrator,

any item which appears to him contrary to law and surcharge the same on the person making

or authorising the illegal payment and shall:—

(a) if such person is a member of the District Panchayat proceed against him in

the manner specified in section 103;

(b) if such person is not a member of the District Panchayat, obtain the explanation

of the person and direct such person to pay to the District Panchayat the amount

surcharged within a specified period and if the amount is not paid within the specified

period, the Secretary Panchayat shall cause it to be recovered as an arrear of land

revenue and credit it to the District Panchayat Fund.

(4) Any person, aggrieved by an order of the Secretary Panchayat under sub-section (3)

may, within thirty days of the date of such order, prefer an appeal to the Administrator or any

officer authorised by him in this behalf, whose decision on such appeal shall be final.

98. The Chief Executive Officer of District Panchayat shall prepare annually a report

on the Administration of the District Panchayat for the previous year in such manner as may

be prescribed and after it is approved by the District Panchayat it shall be submitted to the

Administrator through the Secretary Panchayat.

99. (1) The social audit of the major works being carried out by the Panchayat shall be

conducted by the Social Audit Committee appointed under section 80 in such manner, at

such intervals and with the help of such officers as may be prescribed.

(2) The Social Audit Committee shall submit its report on the social audit conducted

under sub-section (1) to such officers as may be prescribed.

100. The Administrator or Secretary Panchayat or any other officer appointed by him

in this behalf shall have power—

(a) to call for—

(i) any extract from the proceedings of the District Panchayat or any books,

records, correspondence or documents in the possession or under the control

of the District Panchayat; or

Budget.

Audit.

Administrative

report.

Social audit.

Power to call

for

proceedings,

etc.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(ii) any return, plan, estimate, statement, account or report for the purpose

of inspection or examination; or

(b) to require a District Panchayat to take into consideration—

(i) any objection which appears to the Administrator or Secretary

Panchayat to exist due to the doing of anything which is about to be or is being

done by the District Panchayat; or

(ii) any information which the Administrator or Secretary Panchayat is

able to furnish and to necessitate the doing of certain things by the District

Panchayat and requiring it to make written reply to him within a reasonable time,

stating its reasons from not desisting from doing such things.

101. (1) If at any time, it appears to the Secretary Panchayat that a District Panchayat

has made wilful and persistent default in the performance of any duty imposed on it by this

Regulation, he may by order in writing, fix a period for the performance of that duty.

(2) If the duty under sub-section (1) is not performed within the period so fixed, the

Secretary Panchayat may, with the prior approval of the Administrator appoint any person to

perform it, and direct that the expenses of the performance of the duty shall be paid by the

defaulting District Panchayat within such period as the Secretary Panchayat may think fit.

102. (1) If, in the opinion of the Secretary Panchayat the execution of any order or

resolution of the District Panchayat or the doing of anything which is about to or is being

done by or on behalf of the District Panchayat is causing or likely to cause injury or annoyance

to the public or a grave loss to the public exchequer or is manifest against the public interest

or lead to a breach of the peace or is unlawful, he may, by order in writing suspend the

execution or prohibit the doing thereof:

Provided that no such order shall be passed without giving the District Panchayat

concerned a reasonable opportunity of showing cause against proposed order.

(2) When the Secretary Panchayat makes an order under sub-section (1), he shall

forthwith send to Panchayat affected thereby a copy of the order together with a statement

of the reasons for making it.

(3) The Secretary Panchayat may, after giving such notice to the District Panchayat as

he deems fit, rescind, modify or confirm the order made under sub-section (1).

(4) Any person aggrieved by an order under sub-section (1), may, within a period of

thirty days of the date of the order, prefer an appeal to the Administrator or any officer

authorised by him in this behalf, who shall approve or disapprove the order of the Secretary

Panchayat or modify it in such manner as he thinks fit.

103. (1) Every member of the District Panchayat shall be personally liable for the loss,

waste or misapplication of any money or other property of the District Panchayat to which he

has been a party or which has been caused or facilitated by his misconduct or wilful neglect

of his duty as a member amounting to fraud.

(2) If, after giving the member of the District Panchayat concerned a reasonable

opportunity for showing cause to the contrary, the Secretary Panchayat is satisfied that the

loss, waste or misapplication of any money or other property of the District Panchayat is a

direct consequence of misconduct or wilful neglect on the part of such member, he shall, with

the prior approval of the Administrator, by order in writing, direct such member to pay to the

District Panchayat before a fixed date, the amount required to be reimbursed to it for such

loss, waste or misapplication:

Provided that no such order shall be made bona fide or technical irregularities or

mistakes of a member.

(3) If the amount is not so paid, the Secretary Panchayat shall recover it as an arrear of

land revenue and credit it to the District Panchayat Fund.

Default in

performance

of duty in

District

Panchayat.

Suspension of

execution of

order on

resolution of

District

Panchayat.

Liability of

members for

loss, waste or

misapplication.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(4) An order of the Secretary Panchayat shall be subject to an appeal to the Administrator

or any officer authorised by him in this behalf, if made within thirty days of the date of the

order and the Administrator may, after making such inquiry as he may deem necessary and

after hearing the appellant, rescind or vary or confirm the order.

(5) All the actions taken or orders made under sections 101 and 102 and this section

shall be reported to the Administrator as soon as possible.

104. (1) If, in the opinion of the Administrator, a District Panchayat exceeds or abuses

its powers or is incompetent to perform or makes persistent default in the performance of the

duties imposed on it or functions entrusted to it under any provision of this Regulation or by

or under any other law for the time being in force, or fails to obey an order made under this

Regulation by the District Panchayat superior there to or by the Administrator or any officer

authorised by it, under this Regulation or persistently disobeys any of such orders, the

Administrator may, after giving the District Panchayat an opportunity of rendering an

explanation, by order in the Official Gazette:—

(i) dissolve such District Panchayat, or

(ii) supersede such District Panchayat for the period specified in the order:

Provided that such period shall not be longer than six months or the residual period of

duration of such District Panchayat whichever is less:

Provided further that the Administrator may subject to, the preceding proviso from

time to time after making such inquiry as it may consider necessary by an order published in

the Official Gazette, extend the period of supersession of such District Panchayat until such

date as may be specified in the order or by like order curtail the period of supersession.

(2) When a District Panchayat is dissolved or superseded, all members of the District

Panchayat shall from the date specified in the order, vacate their office as such members.

(3) When the District Panchayat is dissolved or superseded, it shall be reconstituted,

in the manner provided in this Regulation.

(4) If a District Panchayat is dissolved or superseded—

(a) all the powers and duties of the District Panchayat shall during the period

of dissolution or supersession, as the case may be, exercised and performed by

such person or persons as the Administrator may from time to time appoint in that

behalf;

(b) all property vested in the District Panchayat shall during the period of

dissolution or supersession, as the case may be, vest in the Administrator; and

supersession, the District Panchayat shall be reconstituted in the manner provided in

this Regulation, and the persons vacating office shall be eligible for re-election.

105. The Administrator may, by notification and subject to such restrictions and

conditions as may be specified therein, authorise Secretary Panchayat or any other officer

subordinate to him, to exercise in respect of District Panchayats any of the powers which

may be exercised by him under this Regulation, except the power to make rules under

section 130.

106. Notwithstanding the transfer of any powers, functions and duties in respect of

any matter to a District Panchayat, where the Administrator is satisfied that by reason of a

change in the nature of the matter, the matter has ceased to be a matter in the Third Schedule

and that it is necessary to withdraw from the District Panchayat the powers, function or

duties in respect of such matter, by notification in the Official Gazette, withdraw such powers,

functions and duties with effect from the date specified in the notification and make such

incidental and consequential orders as may be necessary to provide for matters including

the taking over of the property, rights and liabilities, if any, vesting in the Panchayat and of

the staff, if any, which may have been transferred to the Panchayat.

Dissolution or

suspension of

Panchayat for

defaults.

Delegation of

powers.

Modification

of powers,

functions,

etc., of

District

Panchayat.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

CHAPTER VIII

ELECTION COMMISSION AND FINANCE COMMISSION

107. (1) The Election Commission appointed under section 185 of the Andaman and

Nicobar Islands (Panchayats) Regulation, 1994 shall be the Election Commission under this

Regulation for the superintendence, direction and control of the preparation of electoral

rolls, and conduct of all elections to the Gram Panchayats and District Panchayats in the

Union territory of Lakshadweep.

(2) The Administrator shall, when so requested by the Election Commission, make

available to that Commission such staff as may be necessary for the discharge of the functions

conferred on the Election Commission by sub-section (1).

108. The Finance Commission constituted under section 186 of the Andaman and

Nicobar Islands (Panchayats) Regulation, 1994 shall be the Finance Commission under this

Regulation for the purpose of reviewing the financial position of the Panchayats and

making recommendations to the Administrator of the Union territory of the Lakshadweep, as

to:—

(a) the principles which should govern:—

(i) the sharing among the Union territory Administration and Gram

Panchayats and District Panchayats of the net-income of the taxes, duties, cess

and fees which are being levied by the Union territory Administration and which

may be shared with the Gram Panchayats and District Panchayats and dividing

among the Gram Panchayats and District Panchayats at all levels, their shares in

such incomes;

(ii) the determination of the taxes, duties, cess, tolls and fees which may

be assigned to or appropriated by the Gram Panchayats and District Panchayats;

and

(iii) the grants-in-aid to the Gram Panchayats and District Panchayats

from the Consolidated Fund of India;

(b) the measures needed to improve the financial position of the Gram Panchayats

and District Panchayats; and

India.

CHAPTER IX

OMBUDSMAN FOR PACHAYATS

109. (1) There shall be an authority for the Gram Panchayats and the District Panchayats

known as “Ombudsman” for conducting investigations and inquiries, in respect of any

action involving corruption or maladministration or irregularities in the discharge of

administrative functions by Panchayats and Public Servants working for them.

(2) The Ombudsman shall be a single member body appointed by the Administrator by

notification, on the recommendation of a Committee constituted by the Administrator from a

panel of eminent persons of impeccable integrity from civil society.

(3) The Committee referred to in sub-section (2) shall comprise of the following,

namely:—

(a) the State Election Commissioner, who shall be the ex officio Chairman;

(b) a retired district Judge;

Government of India; and

(d) two civil society members nominated by the Administrator.

Election

Commission.

Reg. 1 of

1994.

Finance

Commission.

Establishment

and

appointment

Ombudsman.

Reg. 1 of

1994.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(4) A person appointed to be the Ombudsman shall, before he enters upon his office,

make and subscribe before the Administrator or some person appointed in that behalf by

him, an oath or affirmation according to the form prescribed.

(5) The Ombudsman shall not be a serving Government Officer.

110. The Administrator may, by rules, provide for the following matters, namely:—

(a) staff of the Ombudsman;

(b) terms and conditions of service of the Ombudsman and Ombudsman’s staff;

filing such complaints either suo motu or on reference by the Administration;

(d) powers and functions of Ombudsman;

(e) the manner and procedure of conducting investigation by the Ombudsman;

(f) procedure for moving the appropriate authority for the initiation of prosecution

by the Ombudsman;

(g) procedure to be followed during the inquiry by the Ombudsman, which as far

as possible should be summary proceedings;

(h) the manner of implementing the order of the Ombudsman and further

proceedings; and

(i) any other matter, which the Administrator may deem necessary for the proper

discharging of the duties of the Ombudsman.

CHAPTER X

MISCELLANEOUS

111. (1) If the validity of any election of a member of a Gram Panchayat or District

Panchayat or Sarpanch or Upa-Sarpanch or President or Vice-President is called into question

by any person qualified to vote at the election to which such question relates, such person

may at any time within thirty days after the date of the declaration of the results of the

election, file a petition to the District Judge in such form as may be prescribed for the

determination of such question.

(2) Every petition under sub-section (1) shall be heard as expeditiously as possible

and endeavour shall be made to conclude the hearing and orders passed within six months

from the date on which the petition is presented to the District Judge.

112. (1) Save as otherwise provided by this Regulation or by rules made thereunder,

the procedure provided in the Code of Civil Procedure, 1908, in regard to suits shall, in so far

as it may be applicable, be followed in the hearing of election petitions by the District Judge:

Provided that:—

(a) two or more persons whose election is called in question, may be made

respondents to the same petition and their cases may be tried at the same time, and any

two or more election petitions may be heard together; but so far as is consistent with

such joint trial or hearing, the petition shall be deemed to be a separate petition against

each respondent;

(b) the District Judge shall not be required to record or have recorded the evidence

in full, but shall make a memorandum of the evidence sufficient in his opinion for the

purpose of deciding the case;

to give security for the payment of all costs incurred or likely to be incurred by any

respondent; and

Procedure to

be prescribed.

Election

petitions.

Procedure of

hearing.

5 of 1908.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(d) the District Judge, for the purpose of deciding any issue, shall only be bound

to require the production of or to receive so much evidence, oral or documentary, as he

may consider necessary.

(2) An order for the payment of costs, or an order for the realisation of a security bond

for costs passed by the District Judge, shall be executed in the manner as if the amount to be

recovered was an arrear of land revenue.

113. (1) If the District Judge, after making such inquiry as he thinks necessary, finds,

in respect of any person whose election is called in question by a petition that his election

was valid, the petition shall be dismissed against such person with cost.

(2) If the District Judge, finds, that the election of any person was invalid, he shall, by

an order, either :—

(a) declare a casual vacancy to have arisen, or

(b) declare another candidate to have been duly elected,

whichever course appears, in the particular circumstances of the case, to be more appropriate,

and in either case the District Judge may award costs at his discretion.

(3) In the event of the District Judge declaring a casual vacancy to have arisen, he shall

send a copy of the order referred to in clause (a) of sub-section (2) to the Election Commission

to initiate the proceedings for filling the vacancy.

114. (1) Notwithstanding anything contained in section 111, if the District Judge, in

the course of hearing an election petition, is of the opinion that the evidence discloses that

corrupt practices at the election proceedings in question, have prevailed to such an extent as

to render it advisable to set aside the whole of the election proceedings, he shall pass a

conditional order to this effect and give notice thereof to every candidate declared elected

who has not already been made a party to the case, calling upon such candidate to show

cause why such conditional order should not be made final.

(2) Thereupon every such candidate may appear and show-cause, and may recall for

the purpose of putting question to him, any witness who had appeared in the case.

(3) The District Judge shall thereafter either cancel the conditional order or make it

absolute in which case he shall direct the Election Commission to take measures for holding

fresh election proceedings.

115. The District Judge may declare any candidate, found to have committed any

corrupt practice, to be ineligible for being a member of a Gram Sabha or for contesting an

election under this Regulation or for being appointed or retained in any office or place in the

Administration or any local authority for such period not exceeding five years as the District

Judge may determine.

116. (1) Notwithstanding anything contained in this Regulation, the validity of any

law for the time being in force relating to delimitation of constituencies or allotment of seats

to such constituencies made or purporting to be made under this Regulation shall not be

called in question in any court.

(2) Save as otherwise provided in sections 111, 112, 113, 114 and 115, civil court shall

have no jurisdiction to question the legality or validity of any action taken or decision given

by the Election Commission or the Secretary Panchayat or the Secretary (Election) (Local

Bodies) in connection with the conduct of election under this Regulation.

117. (1) If a person is elected from more than one territorial constituencies of a Gram

Panchayat or of the District Panchayat or of both, he shall, by notice in writing signed by him

and delivered to the Secretary Panchayat within fourteen days from the date, or the latter of

the dates, on which he is so elected, intimate as to which constituency he wishes to serve,

and thereupon, his seat in all other constituencies in which he does not wish to serve shall

become vacant.

Findings of

District Judge.

Avoidance of

election.

Disqualification

for corrupt or

illegal

practice.

Bar to

interference by

courts in

delimitations

constituencies.

Prohibition of

simultaneous

membership.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(2) In default of such intimation within the period specified under sub-section (1), all

the seats of such person, at the expiration of that period, shall become vacant.

(3) Any intimation given under sub-section (1) shall be final and irrevocable.

118. No suit or other legal proceeding shall be instituted against Gram Panchayat or

District Panchayat or any member, officer, employee or agent of such Panchayat for anything

done or purporting to be done under this Regulation or any rule or bye-law made thereunder

until the expiration of next two months after notice in writing has been served or delivered at

the office of the Gram Panchayat or District Panchayat and also at the residence of the

member, officer, employee or agent thereof against whom such suit or proceeding, as the

case may be, is intended to be instituted, and the notice shall state the cause of action, the

nature of relief sought, the amount of compensation claimed and the name and place of

residence of the person who intends to institute the suit or proceeding:

Provided that no suit or proceeding shall lie against any member, officer, employee or

agent of a Gram Panchayat or a District Panchayat in respect of anything which is done or

intended to be done in good faith under this Regulation or any rule or bye-law made thereunder.

119. The provisions of sections 126, 127, 127A, 128, 129, 130,131, 132, 132A, 133, 134,

134A, 134B, 135, 135A, 135B, 135C and 136 of the Representation of the People Act, 1951

shall have effect as if—

(a) reference therein to an election where reference to an election under this

Regulation;

(b) references therein to a constituency included references to the area within

the jurisdiction of a Panchayat or a Ward thereof;

“by or under the Lakshadweep” had been substituted; and

(d) in sub-section (1) of section 135B, for the words “the House of the People or

the Legislative Assembly of a State” the word “Panchayat” had been substituted.

120. The Chief Executive Officer may authorise any of his officers to enter in and

inspect or cause to be entered and inspected, any immovable property occupied by any

Gram Panchayat or District Panchayat or any work in progress under direction of Gram

Panchayat or District Panchayat.

121. Every member of a Gram Panchayat or District Panchayat and every officer and

servant employed under a Gram Panchayat or District Panchayat shall be deemed to be a

public servant within the meaning of section 21 of the Indian Penal Code.

122. No member of a Gram Panchayat or a District Panchayat or any of their officers or

officials having any duty to perform in connection with any sale under this Regulation, shall

directly or indirectly bid for, or acquire any interest in any property sold at such sale.

123. Every Police Officer shall give immediate information to the Secretary Panchayat

of an offence coming to his knowledge which has been committed against this Regulation or

any rules or bye-laws made thereunder and shall assist all members and servants of the Gram

Panchayat or District Panchayat in the exercise of their lawful authority.

124. Every Gram Panchayat and District Panchayat shall classify and preserve its

records in such manner as may be prescribed.

125. Every Gram Panchayat and District Panchayat shall on an application made to it

by any person interested, allow inspection of its records and grant certified copies thereof

on payment of the prescribed fee.

Bar of action

against

District

Panchayat,

Gram

Panchayat,

etc., and

notice before

institution.

Electoral

offences.

43 of 1951.

Power of

entry.

Member of

Panchayat to

be public

servants.

Members, etc.,

to refrain

from taking

part at sale.

45 of 1860.

Powers and

duties of police

in respect of

offences and

assistance to

Panchayats.

Classification

and

preservation

of records.

Inspection and

copies of

records.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

126. (1) Every Gram Panchayat shall (having due regard to the development

programmes suggested by the Gram Sabha) prepare every year a development plan and

forward it to the District Panchayat before such date and in such manner as may be prescribed.

(2) Every District Panchayat shall prepare every year a development plan after including

the development plans of the Gram Panchayat and forward it to the District Planning Committee

as constituted under section 127.

127. (1) The Administrator for the purpose of undertaking District Planning shall

constitute a District Planning Committee consisting of such members as may be prescribed.

(2) The meetings and functions of the Committee referred to in sub-section (1) shall be

such as may be prescribed.

128. The honorarium and other perks and perquisites of Sarpanch and Upa-Sarpanch

of a Gram Panchayat and of a President and Vice-President of District Panchayat and

allowances of every member of Gram Panchayat and District Panchayat shall be such as the

Administrator may prescribe in this behalf.

129. No court shall take cognizance of offence except with the previous sanction of

the Administrator or any officer authorised by the Administrator in this behalf, where any

person who is or has been a Sarpanch, Upa-Sarpanch, President, Vice-President of a Panchayat

or a Chairman of a Committee constituted under this Regulation is accused of any offence

alleged to have been committed by him while acting or purporting to act in the discharge of

his official duty.

130. The Administrator may, by notification and subject to the conditions of previous

publication, make rules not inconsistent with the provisions of this Regulation to carry out

the purposes of this Regulation.

131. (1) Subject to the provisions of this Regulation and the rules made thereunder,

the Secretary Panchayat may, with the prior approval of the Administrator, frame bye-laws:—

(a) to prohibit the removal or use of water for drinking purpose from any source

which is likely to cause danger to health;

(b) to prohibit or regulate the discharge of water, waste water or effluent from

any drain or premises on a public street or into a river, pond, tank, well, soil or any other

place;

(d) to regulate sanitation, conservancy and drainage in the area of the Gram

Panchayat;

(e) to prohibit or regulate the use of public streets or other public place by

shopkeepers;

(f) to regulate the manner in which tanks, ponds and cess pools, pasture lands,

play grounds, manure pits, land for disposal for dead bodies and bathing places shall

be maintained and used;

(g) to prohibit or discharge of any kind of effluent in any form polluting air, water

and soil, and the like;

(h) to regulate construction of buildings; and

(i) to regularise any other duties and functions of the Gram Panchayat or District

Panchayat.

Preparation of

development

plan.

District

Planning

Committee.

Honorarium

and allowances

to President,

Vice-

President,

Sarpanch,

Upa-Sarpanch

and members.

sanction for

prosecution

against

Sarpanch,

Upa-Sarpanch,

President,

Vice-President

or Chairman,

of Committee.

Power to

make rules.

Power to

make bye-

laws.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(2) Any bye-law made under sub-section (1) may provide that a contravention thereof

shall be liable with penalty which may extend to such amount as may be prescribed and in the

case of a continuing contravention with penalty which may extend to amount prescribed for

each day during which the contravention continues and its Gram Panchayat or District

Panchayat, as the case may be, authorised to impose penalty.

132. Every rule and every bye-law made under this Regulation shall be laid, as soon

as may be after it is made, before each House of Parliament, while it is in session, for a total

period of thirty days which may be comprised in one session or in two or more successive

sessions, and if, before the expiry of the session immediately following the session or the

successive sessions aforesaid, both Houses agree for making any modification in the rule or

bye-law or both Houses agree that the rule or bye-law should not be made, the rule or

bye-law shall thereafter have effect only in such modified form or be 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 or bye-law.

133. The provisions of this Regulation shall have effect notwithstanding anything

inconsistent therewith contained in any other law for the time being in force in the Union

territory.

134. (1) If any difficulty arises in giving effect to the provisions of this Regulation,

the Administrator may, by order published in the Official Gazette make such provisions not

inconsistent with the provisions of this Regulation as may appear to him to be necessary or

expedient for the removal of that difficulty:

Provided that no such order shall be made under this section after the expiry of two

years from the date of commencement of this Regulation.

(2) Every order made under this section shall be laid, as soon as may be after it is made,

before each House of Parliament.

135. (1) The Lakshadweep Panchayat Regulation, 1994 (hereafter in this section referred

to as said Regulation) is hereby repealed.

(2) The repeal of the said Regulation shall not affect—

(a) the previous operations of the said Regulation or anything duly done or

suffered thereunder;

(b) any right, privilege, obligation or liability acquired, accrued or incurred under

the said Regulation;

committed against the said Regulation; and

(d) any investigation, legal proceeding or remedy in respect of such right, privilege,

obligation, liability, forfeiture or punishment as aforesaid,

and any such investigation, legal proceeding or remedy may be instituted, continued or

enforced and any such penalty, forfeiture or punishment may be imposed as if this Regulation

had not been promulgated.

Laying of rules

before

Parliament.

Power to

remove

difficulties.

Repeal and

savings.

Reg. 4 of

1994.

Regulation to

have

overriding

effect.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

THE SECOND SCHEDULE

(See section 31)

MATTERS WITHIN THE JURISDICTION OF GRAM PANCHAYAT

(A) General Functions:—

(1) Preparation of annual plans for the development of the Gram Panchayat area.

(2) Providing relief in natural calamities.

(3) Removal of encroachments of Gram Panchayat properties.

(4) Organising voluntary labour and contribution for community works.

(5) Maintenance of essential statistics of the village.

(B) Other Functions:—

(1) Agriculture, including agricultural extension.

(2) Land improvement, implementation of land reforms, land consolidation and soil

conservation.

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

(4) Animal husbandry, dairying and poultry.

(5) Fisheries.

(6) Social forestry and farm forestry.

(7) Minor forest produce.

(8) Small-scale industries, including food processing industries.

(9) Khadi, village and cottage industries.

(10) Rural housing.

(11) Drinking water.

(12) Fuel and fodder.

(13) Roads, culverts, bridges, ferries, waterways and other means of communication.

(14) Rural electrification, including distribution of electricity.

(15) Non-conventional energy sources.

(16) Poverty alleviation programme.

(17) Education, including primary and secondary schools.

(18) Technical training and vocational education.

(19) Adult and non-formal education.

(20) Libraries.

(21) Cultural activities.

(22) Markets and fairs.

(23) Health and sanitation, including hospitals, primary health centres and dispensaries.

(24) Family welfare.

(25) Women and child development.

(26) Social welfare, including welfare of the handicapped and mentally retarded.

(27) Welfare of the weaker sections, and in particular, of the Scheduled Tribes.

(28) Public distribution system.

(29) Maintenance of community assets.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

THE THIRD SCHEDULE

(See section 83)

MATTERS WITHIN THE JURISDICTION OF DISTRICT PANCHAYAT

(A) General functions:—

(1) Preparation of annual plans and execution of works covering more than one Gram

Panchayat;

(2) Preparation of District plans;

(3) Take up works which cannot be executed by a Gram Panchayat but can be executed

by the District Panchayat;

(4) Perform any functions assigned to a District Panchayat by the Administration.

(B) Other Functions:—

(1) Agriculture, including agricultural extension.

(2) Land improvement, implementation of land reforms, land consolidation and soil

conservation.

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

(4) Animal husbandry, dairying and poultry.

(5) Fisheries.

(6) Social forestry and farm forestry.

(7) Minor forest produce.

(8) Small-scale industries, including food processing industries.

(9) Khadi, village and cottage industries.

(10) Rural housing.

(11) Drinking water.

(12) Fuel and fodder.

(13) Roads, culverts, bridges, ferries, waterways and other means of communication.

(14) Rural electrification, including distribution of electricity.

(15) Non-conventional energy sources.

(16) Poverty alleviation programme.

(17) Education, including primary and secondary schools.

(18) Technical training and vocational education.

(19) Adult and non-formal education.

(20) Libraries.

(21) Cultural activities.

(22) Markets and fairs.

(23) Health and sanitation, including hospitals, primary health centres and dispensaries.

(24) Family welfare.

(25) Women and child development.

(26) Social welfare, including welfare of the handicapped and mentally retarded.

(27) Welfare of the weaker sections, and in particular, of the Scheduled Tribes.

(28) Public distribution system.

(29) Maintenance of community assets.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

THE FIFTH SCHEDULE

(See sections 14 and 61)

PROVISIONS AS TO DISQUALIFICATION ON GROUND OF DEFECTION.

1. Interpretation.–—In this Schedule, unless the context otherwise requires,—

(a) “original political party”, in relation to a member of a Panchayat means the

political party to which he belongs for the purposes of paragraph 2;

(b) “Panchayat” means a District Panchayat constituted under this Regulation;

2. Disqualification on ground of defection.—Subject to the provisions of paragraph 3,

a member of a Panchayat belonging to any political party shall be disqualified for being a

member of the Panchayat—

(a) if he has voluntarily given up his membership of such political party; or

(b) if he votes or abstains from voting in such 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 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 fifteen days from the date of such voting or abstention.

Explanation.—For the purposes of this sub-paragraph,—

(1) an elected member of a 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) An elected member of a 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 Panchayat if he joins any political party after such

election.

(3) Notwithstanding anything contained in the foregoing provisions of

this paragraph, a person who, on the commencement of this Regulation, is a

member of a Panchayat shall,—

(i) where he was a member of a political party immediately before

such commencement, be deemed, for the purposes of sub-paragraph (1)

of this paragraph, to have been elected as a member of such Panchayat as

a candidate set up by such political party;

(ii) in any other case, be deemed to be an elected member of the

Panchayat who has been elected as such otherwise than as a candidate

set up by any political party for the purposes of sub-paragraph (2) of this

paragraph.

3. Disqualification on ground of defection not to apply in case of merger.—

(1) A member of a Panchayat shall not be disqualified under sub-paragraph (1) of

paragraph 2, where his original political party merges with another political party and

he claims that he and any other members of his original political party—

(a) have become members of such other political party or, as the case may

be, of a new political party formed by such merger; or

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

(b) have not accepted the merger and opted to function as a separate

group, and from the time of such merger, such other political party or new political

party or group, as the case may be, shall be deemed to be the political party to

which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to

be his original political party for the purposes of this sub-paragraph.

(2) For the purposes of sub-paragraph (1) of this paragraph, the merger of the

original political party of a member of a Panchayat shall be deemed to have taken place

if, and only if, not less than two-thirds of the members of such political party in the

Panchayat concerned have agreed to such merger.

4. Decision on questions as to disqualification on ground of defection.—

(1) If any question arises as to whether a member of a Panchayat has become

subject to disqualification under this Schedule, the question shall be referred for the

decision of the Administrator of Union territory and his decision thereon shall be final.

(2) Before giving any decision on any such question, the Administrator shall

obtain the opinion of the Election Commission appointed under section 185 of the

Andaman and Nicobar Islands (Panchayats) Regulation, 1994 and shall act according

to such opinion.

5. Rules.—The Administrator may make rules for giving effect to the provisions of this

Schedule, and in particular, and without prejudice to the generality of the foregoing, such

rules may provide for—

(a) the maintenance of registers or other records as to the political parties, if any,

to which different members of the Panchayat belong;

(b) the report which the leader of a political party in relation to a member of a

Panchayat shall furnish with regard to any condonation of the nature referred to in

clause (b) of sub-paragraph (1) of paragraph 2 in respect of such member, the time

within which and the authority to whom such report shall be furnished;

such political party of any members of the Panchayat and the officer of the Panchayat

to whom such report shall be furnished; and

(d) the procedure for deciding any question referred to in paragraph 4 including

the procedure for any inquiry which may be made for the purpose of deciding such

question.

————

DROUPADI MURMU,

President.

————

K. BISWAL,

Additional Secretary to the Govt. of India.

Reg. 1 of

1994.

LGP.Kvt. J-1326/09-22/45x50