THE LAKSHADWEEP GAZETTE EXTRAORDINARY
1
PRICE : 75 PAISE
VOL. LIX No. 28 WEDNESDAY, 27th SEPTEMBER, 2023/ 5th ASVINA, 1945 (SAKA)
भारत सरकार / GOVERNMENT OF INDIA
ल¢द्वीप प्रशासन / LAKSHADWEEP ADMINISTRATION
पंचायत ͪवभाग / DEPARTMENT OF PANCHAYAT
कवरƣी / KAVARATTI - 682555
Dated: / 09 /2023
N O T I F I C AT I O N
F. No. 2/3/2023-DOP: In exercise of the powers conferred under section 130 of the
Lakshadweep Panchayats Regulation, 2022, the Administrator, U.T. of Lakshadweep hereby
makes and notifies the following rules namely: -
CHAPTER-1
PRELIMINARY
1 .
Short title and commencement
(1) These rules may be called the Lakshadweep Panchayats (Taxation
and Appeal) Rules, 2023.
(2) These rules shall come in to force with effect from the date of
publication in Official Gazette.
Short title and
commencement
2 .
Definition
(1) In these rules, unless the context otherwise requires;
(a) “Executive Authority” means the Panchayat Secretary of Gram
Panchayat
and Chief
Executive
Officer
of
the
District
Panchayat, as the case may be, appointed under section 27(1)
and 75(1) respectively of the Regulation;
(b) “Form” means a form appended to these rules;
(c) “Inspector General of Registration” means the Inspector
General of Registration appointed by the Administrator under
Section 3 of the Registration Act, 1908 (XVI of 1908).
(d) “Profession tax” means tax on profession, trade, callings, and
employment mentioned in clause (b) sub-section (1) of section
41 of the Regulation;
Definition
25/09/2023
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(e) “Regulation” means the Lakshadweep Panchayats Regulation,
2022 (5 of 2022);
(f) “Temporary erection” means temporary erection on, or putting up
projections over, or temporary occupation of any public street or
place;
(2) All other words except those defined under sub-rule (1) shall
have the same meaning as are respectively assigned to them in
the Regulation.
3.
Procedure for determining and imposing tax or fee
(1) Subject to the provisions in the Regulation and these rules, a Gram
Panchayat or District Panchayat, as the case may be, may by a
resolution, determine to impose and levy a tax or fee enumerated in
Section 41 and 90 of the Regulation, specifying the rates at which
and the date from which it shall be imposed and levied;
Provided that where for uniformity or for any other reason, the
Administrator considers it necessary to do so, he may by a
notification fix the maximum limit of tax or fee to be imposed and
levied by the Gram Panchayats or District Panchayat, as the case
may be.
(2) A Panchayat may by a resolution abolish an existing tax or fee or
reduce or enhance an existing rate thereof.
(3) The Executive Authority shall, as soon as a resolution under sub-
rule (1) or (2) is passed, report the resolution so passed to the
Administrator;
Provided that where a resolution passed under this rule has taken
effect for a particular year, no proposal to alter the rate or the date
fixed in such resolution so far as that year is concerned shall be
taken into consideration, unless it is pursuant to any notification
under the proviso to sub-rule (1) or any direction of the
Administrator.
Procedure for
determining
and imposing
tax or fee
4.
Public notice of new taxes: - When a Panchayat passes a resolution
to impose and levy a tax or fee for the first time, or at a new rate, the
Executive Authority shall forthwith publish a notice thereof specifying
the rate at which and the date from which it shall be levied by affixing
on notice board of Panchayat office and at any other conspicuous place
of Panchayat area and by any other manner as may be decided by the
Panchayats.
Public notice of
new taxes
5.
Assessment of tax or fee: - Save as otherwise provided in the
Regulation and these rules, the Executive Authority shall assess and
determine the tax or fee to which a person is liable and prepare and
Assessment of
tax or fee
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keep assessment book in Form I separately for each class or category
of tax or fee.
6.
Power of Panchayat to give direction
(1) If at any time it appears to the Panchayat that any person or
property has been inadequately assessed or inadvertently or
improperly omitted from the assessment book relating to any tax or
fee or that there is any clerical or arithmetical error in the said book,
it may direct the Executive Authority to amend the said books as it
deems just or necessary;
Provided that no such amendment shall be made by the Executive
Authority where it involves an increase in the assessment or any fresh
assessment unless the person concerned is given an opportunity of
being heard.
Power of
Panchayat to
give direction
7.
Periodicity of collection of tax or fee
Save as otherwise provided in these rules, a tax or fee may be
collected in two half-yearly instalments of a financial year.
Periodicity of
collection of tax
or fee
8.
Form and manner of services of Demand Notice
(1) Demand notice shall be served in Form II, through messenger or
through the employer-
(a) personally, on the person to whom it is addressed, or on failure
(b) on his recognised agent, or
(c) on any adult member of his family usually residing with him and
acknowledgment obtained in the duplicate copy of the notice;
Provided that if the service cannot be effected as above, or if
acceptance of service so made is refused, the demand notice may be
served by pasting a copy thereof on the door of the usual last known
place of residence of the person to whom it is addressed, where upon
an acknowledgment of its having been so pasted shall be taken from
two respectable neighbours:
Provided further that the demand notice may be served by registered
post acknowledgment due, wherever it is found necessary and/or
convenient;
Provided further that non-receipt of demand notice shall not be treated
as a reason for non-payment of tax or fee.
Form and
manner of
services of
Demand Notice
9.
Penalty on default to pay tax
The Panchayat may determine the fine to be imposed on those who do
not pay the tax or fee within stipulated period.
Penalty on
default to pay
tax
10.
Recovery of tax as arrear of land revenue
Recovery of tax
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Where any tax or fee or other sum has become recoverable, the
Executive Authority shall report to the Collector of the Union Territory
for recovery of the same as an arrear of land revenue.
as arrear of
land revenue
11. Appeal
(1) Subject to the provisions under section 42 and 91 of the regulation,
appeal may be filed before the Appellate Authority within the time
limit stipulated under the said section. The appeal filed shall set
forth concisely the grounds for the appeal.
(1) The Appellate Authority shall decide the appeal after giving an
opportunity to the appellant of being heard.
(2) The assessment book shall be corrected in accordance with the
orders passed on the appeal. In the event of the amount of any tax
or fee being reduced after it has been paid, the Executive Authority
shall grant a refund accordingly.
Appeal
CHAPTER-II
GENERAL PRINCIPLES
A- BUILDING TAX
12. Buildings to be assessed along with appurtenances
For the purpose of levy of building tax, every building shall be assessed
together with its appurtenant structures, unless the owner of the
appurtenance is a different person from the owner of the building.
Buildings other than appurtenant structures having no connection with
each other, though situated within the same premises shall be treated
as separate buildings for the purpose of assessment.
Buildings to be
assessed along
with
appurtenances
13
Preparation and finalisation of assessment list
(1) Every Gram Panchayat which decides to levy a tax on building shall
subject to the provisions of rule 3 & 4 and after following the
procedure in Rule 4, levy at such rate based either on capital value
or on the annual letting value of the buildings as may be decided
but not below the minimum rate specified in the schedule under rule
14.
(2) The Executive Authority or the Officer designated for the purpose
shall prepare or cause to prepare an assessment list showing
a. number of each building
b. name of the owner and the occupier
c. capital valuation or the annual letting value, as the case may be
d. the amount of tax assessed thereon
Preparation and
finalisation of
assessment list
2
3
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Provided that the Gram Panchayat may and if so required by the
Administrator, shall entrust the preparation of assessment list to an
officer of the Administration designated for the purpose
Provided further that for the purpose of preparing such assessment list
the Executive Authority or the Officer designated for the purpose, as
the case may be, may inspect any building in the Gram Panchayat
area at a reasonable time of the day with prior notice to the occupant.
(3) Publication of Notice of time fixed for lodging Objections on the
Assessment list.
When the assessment list is completed, the Executive Authority
shall issue a notice to the effect that the assessment list is open for
inspection in the office of the Gram Panchayat or District
Panchayat, as the case may be, and the objections, if any, with
regard to the assessment of tax therein shall be considered
(I) where the assessment list is prepared by the Executive
Authority: on a day after the expiry of 30 days from the date of
notice thereof.
(II) where the assessment list is prepared by the Officer authorized
by the Administrator under the proviso to rule 13 (2) in
consultation with the Executive Authority: on a day after the
expiry of 30 days from the date of notice thereof.
(4) INSPECTION OF ASSESSMENT LIST
Every person whose name is included in the assessment list as
the owner or occupier of any building, every person claiming to
be the owner or occupier of any building, every person in
possession of any building, included in the list, and any agent of
such person may inspect the assessment list and take extract
therefrom without payment of any charge therefor.
(5) CONSIDERATION OF OBJECTIONS TO THE ASSESSMENT
LIST AND AUTHENTICATION OF THE LIST
(1) All objections to the assessment list shall be duly considered
and decided by the Executive Authority or the Government
Officer, as the case may be on the date specified in the notice
published under Rule 13(3), or on any later date and the
decision of the Executive Authority or the Officer designated for
the purpose shall be communicated to the person objecting to
the assessment made in the assessment list.
(2) Aggrieved by such decision any person desiring to appeal under
section 42 of the Regulation to the authority shall do so within
30 days of the communication of the decision under Rule
13(5)(1)
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(3) The Gram Panchayat shall cause all amendments as may be
necessary by virtue of the orders passed by the appellate
authority prescribed under Section 42 & 91 of the regulation to
be made in the assessment list which shall be duly
authenticated by the signature of the Sarpanch and the
Panchayat Secretary, or the President and the Chief Executive
Officer, or the Officer designated for the purpose, as the case
may be, no later than 31st day of July of the year.
(6) ENTRIES IN THE AUTHENTICATED ASSESSMENT LIST TO BE
CONCLUSIVE EVIDENCE
The entries in the assessment list authenticated under sub rule (3)
of rule 13 shall be conclusive evidence of the amount of tax leviable
under these rules.
14.
Schedule of rates of building tax
Area
wise
Slab/Sq. feet
Annual Property Tax to be levied per Sq.
ft of built-up area (in Rupees)
Residential
Property
Commercial/Institutional
Property
Upto 300
1
1.50
From 301 to 600
1.25
2.00
From 601 to 1000
1.50
2.50
From 1001 to 2000
1.75
3.50
From 2001 and
above
2.00
5.00
Schedule of
rates of building
tax
15.
Power of Executive Authority to call for information and enter
upon premises
(1) For the purpose of assessing building tax, the Executive Authority
may, by notice, call on the owner or occupier of any building to
furnish him, within thirty days of the service of such notice, returns
of rent payable for the building, the cost of erecting the building,
and area and nature of rent use of the building, i,e. as own dwelling
house, rented on lease or license, commercial or non-commercial ,
thatched, tiled or reinforced cement concrete construction and with
such other information as the Executive Authority may require, and
every owner and occupier on whom such notice is served shall be
bound to comply with it and make a true return to the best of his
knowledge and belief.
(2) For the purpose under sub-rule (1), the Executive Authority or any
person authorised by him in this behalf may enter, inspect, survey,
and measure such building during day time after giving notice to the
owner and occupier.
Power of
Executive
Authority to call
for information
and enter upon
premises
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16.
Numbering of buildings
(1) Every building in a Panchayat shall be numbered by the Gram
Panchayat ward-wise and shall be provided with a metallic number
plate to be affixed on the front door or at any conspicuous place of
the building. The number plate shall contain the following
particulars: -
(a) The name of the Gram Panchayat in Malayalam or Mahl; and
(b) Gram Panchayat ward number in Roman numerals and the
house number in Arabic numerals.
(2) The owner of the building shall be liable to pay an amount to be
fixed by the Panchayat towards the cost of providing number plate.
Numbering of
buildings
17.
Periodicity of assessment and payment of building tax
The building tax shall be assessed once in very five years and shall
be payable by the owner of the assessed building in two equal half
yearly instalments.
Periodicity of
assessment
and payment of
building tax
18.
Format of assessment book
The Assessment Book in respect of building tax shall be maintained
in Form III.
Format of
assessment
book
B-TAX
ON
VEHICLES
(OTHER
THAN
MECHANICALLY
PROPELLED VEHICLES)
19.
Types of vehicles on which tax is leviable to be specified
While passing a resolution under rule 3, the Panchayat shall specify
the types of vehicles on which tax is leviable.
Types of
vehicles
on
which
tax is
leviable
to be
specifie
d
20.
Payment of Vehicle Tax
(1) Every person having ownership, possession, custody, or control of
any taxable vehicle shall be liable to pay the vehicle tax. The
Vehicle tax shall be one time tax and shall be paid as soon as it is
purchased or acquired or comes into his custody or possession.
(2) On payment of the vehicle tax, the Executive Authority shall grant
him a Certificate with a specific number for vehicle. A Certificate
issued by the Panchayat shall be made available for inspection
whenever asked for.
(3) Every person liable for the vehicle tax under sub-rule (1) shall
Payment of
Vehicle Tax
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furnish requisite details of the vehicle to the Executive Authority for
registration.
21
Exemption from Payment of vehicle tax
No tax shall be levied on-
(a) vehicle belonging to the Administration of the Union Territory or
Government of India or any Panchayat.
(b) vehicle kept solely for sale; and
(c) children’s perambulators or tricycles.
Exemption from
Payment of
vehicle tax
22.
Recovery of vehicle tax in case of default in payment.
(1) If the vehicle tax has not been paid in respect of any vehicle
required under rule 20, the Executive Authority or any other person
including police authorised by the Panchayat in this behalf may at
any time seize and detain the vehicle.
(2) The owner of the vehicle seized under sub-rule (1) of rule 22 shall
pay the tax and penalty and claim it within ten days from such
seizure. If it is not paid within the stipulated period, the Executive
Authority shall sell it by public auction and the proceeds of the sale
shall be utilized towards the payment of-
(i) tax due, if any and
(ii) penalty and cost of seizure and detention, as may be fixed by
the Panchayat:
Provided that if the person liable to pay the vehicle tax or any other
person entitled thereto claims the vehicle within ten days from the date
of its seizure or at any time before the date of auction sale, it shall be
returned to him on payment of the amount mentioned under clause (i)
and (ii) of sub-rule (2).
(3) The balance of the sale proceeds, if any, shall be brought to
account and if unclaimed within three months it shall be
appropriated to the Panchayat Fund.
Explanation: “Vehicle” in Chapter II-B means a vehicle other than
mechanically propelled vehicle.
Recovery of
vehicle tax in
case of default
in payment.
C- PROFESSIONAL TAX
23.
Determination of Income
(1) Where a company or an establishment or a person transacts any
business or a person holds an appointment as an employee or
otherwise, in the District Panchayat area, the income of such
company or establishment or person, as the case may be, from the
transaction of such business or appointment shall for the purpose of
levying professional tax under the Regulation during the year be
deemed to be:
Determination
of Income
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(a) where income tax or agricultural income tax is or both are
assessed on such company or establishment or person under
the Income Tax Act, 1961 for the year, the amount at which the
profits and gains of such business are computed for the
purpose of assessing the income tax or agricultural income tax
or the sum of both such amounts;
(b) where the amount of said profits and gains is not ascertainable
or where such company or person is not assessed to income
tax or agricultural income tax, such percentage or percentage
calculated with reference to the turnover of the business
transacted in the area of the Panchayat during the year or
where this is also unascertainable during the previous year, and
(c) where a person is a government servant or holding an
appointment as an employee or otherwise in any organisation
or establishment, his income from the salary of the year.
Explanation:
(i) The expression “transacts business” shall be deemed to
include the doing of acts or business of whatever nature
whether isolated or not, such as soliciting, obtaining or
transmitting, orders or buying, making manufacturing,
exporting, importing, receiving, transmitting, selling or
otherwise dealing with goods or service or trade, or
profession or calling.
(ii) the
expression
“establishment”
includes
a
shop,
restaurant, theatre, and a society registered under the
Lakshadweep CO-OPERATIVE SOCIETIES REGULATION,
2022 or Societies Registration Act, 1860 (XXI of 1860) or a
Charitable Society or a Trust.
(iii) “salary means pay including leave salary, consolidated
pay, special pay and personal pay, dearness allowance,
compensatory
allowance,
special
compensatory
allowance, fee, honorarium, and remuneration and shall
not include daily rated wage.
(2) Assessment Book of profession tax shall be maintained in Form IV.
24.
Location of office or place of employment to be the determining
factor:
A company or person shall be deemed to have transacted business and
a person shall be deemed to have exercised a profession, trade or
calling or held an appointment within the District Panchayat area if such
company or person has an office or place of employment within such
Panchayat area.
Location of
office or place
of employment
to be the
determining
factor:
25.
Rate of levy of Profession Tax
Rate of levy of
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For the purpose of calculating the income for levying profession tax, the
percentage of turnover of business referred to in clause (b) of sub-rule
(1) of rule 23 shall be as specified in the following table: -
TABLE
Class in the scale (1)
Percentage (2)
Where the turnover of business
does not exceed Rs. 1.5 lakh
4%
Where the turnover of business
exceeds Rs. 1.50 lakh but does
not exceed Rs.3 lakh
Rs. 6000 plus five percent of the
turnover exceeding Rs. 1.50 lakh
Where the turnover of business
exceeds Rs. 3 lakh but does not
exceed Rs. 6 lakh
Rs. 13,500 plus six percent of the
turn over exceeding Rs. 3
lakh
Where the turnover of business
exceeds Rs. 6 lakh but does not
exceed Rs. 12 lakh
Rs. 31,500 plus seven percent of
the turn over exceeding Rs. 6
lakh
Where the turnover of business
exceeds Rs. 12 lakh
Rs. 73,500 plus eight percent of
the turn over exceeding Rs. 12
lakh.
Profession Tax
26.
Licence to be obtained from the Panchayat
Every establishment, which or person who transacts business shall
obtain a licence for the purpose from the Panchayat in the manner as
may be specified by the District Panchayat.
Licence to be
obtained from
the Panchayat
27.
Levy of Professional Tax
(1) If, in the opinion of the Executive Authority, profession tax is or will
be due from any company or establishment or person for any year,
he shall serve a notice on such company or establishment or
person requiring it or him to furnish a return in Form V appended to
these rules, within a period of not less than thirty days. Thereupon it
shall be the duty of such company or establishment or person to
submit a return showing the income derived by it or him during the
year for which profession tax is claimed or for the previous year and
produce any evidence on which the company or establishment or
person may rely in support of the return furnished.
(2) If a return is made as required under sub-rule (1), and if the
Executive Authority is satisfied that it is correct and complete, he
shall levy the profession tax on such company or establishment or
person based on such return.
(3) If no return is made as required under sub-rule (1), or if the
Executive Authority is satisfied that any return so made is incorrect
Levy of
Professional
Tax
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11
or incomplete, the Executive Authority shall, after giving the
company or establishment or person, as the case may be, a
reasonable opportunity for showing cause against the action
proposed, assign to such company or establishment or person the
class in the scale appropriate to the annual income of the company
or establishment or person as estimated by him.
(4) The Executive Authority may, when classifying any company,
establishment, or person under sub-rule (3) do so on general
considerations with reference to the nature and value of the
business transacted, the size and rental value of residential and
business premises, the quantity and value of articles dealt with, the
number of persons employed, the income tax or agricultural income
tax paid, and the return, if any, furnished under sub-rule (1).
28. Service of demand notice
After completion of assessment, the Executive Authority shall serve on
each assesse demand notice as prescribed under rule 8.
Service of
demand notice
29. Request to furnish list of persons liable to pay tax
The Executive Authority may by notice require the owner or occupier of
any building or land and every Secretary, or manager of a hotel,
boarding or lodging house, club or residential chambers to furnish
within a specified time a list in writing containing the names of all
persons occupying such building, land, hotel, boarding or lodging
house, club or residential chambers, and specifying the profession, art,
trade, calling or appointment of every such person and the rent, if any
paid by him and the period of such occupation.
Request to
furnish list of
persons liable
to pay tax
30. Requisition on employers or their representatives to furnish list
The Executive Authority may, by notice require any employer or the
Head of Office, Secretary or Manager or salary or wage paying
authority of government, private or any office, hotel, boarding house or
club or a firm or a company
(a) to furnish within a specified time, a list in Form VI of the
names of all person employed therein with a statement of a
salary or income of such employed persons and
(b) to furnish particulars in regard to any company or
establishment of which or person of whom he is the agent.
Requisition on
employers or
their
representatives
to furnish list
31. Responsibility to deduct professional tax from salary of
employees and pay to the Panchayat
It shall be the duty of every employer, or the head of office or secretary
or manager or private or any other office, hotel, boarding house or any
other establishment to deduct the profession tax from the salary of the
Responsibility
to deduct
professional tax
from salary of
employees and
pay to the
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12
concerned employee and remit to the Executive Authority, either in
cash or by demand draft or cheque, within ten days from the date of
such deduction.
Panchayat
D- OTHER TAXES
32. Lighting and drainage taxes
Lighting tax and drainage tax shall be collected along with the building
tax or as may be decided by the Panchayat.
Lighting and
drainage taxes
33. Theatre tax
Theatre tax at the fixed rate shall be levied from the owner of the
theatre and other place of entertainment mentioned in clause (e) of
sub-section (1) of section 41 of the Regulation,
Theatre tax
34. Fee for sale of goods in markets, melas, fairs and festivals
(1) fee for sale of goods in markets, melas, fairs and festivals shall be
paid to the Panchayat before erection of temporary structures for
the same failing which the amount shall be collected with penalty on
the spot, or as may be decided by the Panchayat.
(2) Among other things, the area in square metre utilized shall be taken
into consideration while fixing the rate of fee.
(3) Without prejudice to the provisions contained in the Lakshadweep
(Land Revenue and Tenancy) Regulation, 1965 and the rules made
thereunder the Collector may with the approval of the Administrator
issue necessary instructions in granting permission to the
organisers by the Panchayat for temporary erections on public
places for conduct of markets, melas, fairs and festivals.
Fee for sale of
goods in
markets, melas,
fairs and
festivals
35. If any doubt or difficulty arises in the implementation of these rules, it
shall be referred to the Administrator whose decision thereon shall be
final.
BY ORDER AND IN THE
NAME OF THE
ADMINISTRATOR
Secretary Panchayats
Sd/-
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13
Form-I
(See Rule 5)
……..…………………………PANCHAYAT
ASSESSMENT BOOK
………………..(Class/category of tax or fee)
Name
&
Addres
s of the
assess
ee
Peri
od
Details
collected
for
assessm
ent
Tax/fe
e
assess
ed
Last
date
for
paym
ent
Fine
for
defa
ult
Date
of
paym
ent
Cumulat
ive
balance
Other
informati
on if any
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14
Form-II
(See Rule 8)
DEMAND NOTICE
Demand No.
………………………Panchayat
Place:
Date:
To
Shri/Smt.
S/o, D/o
Address
You are hereby required to take notice that an amount as specified below is
due from you to this Panchayat:
(a) Nature of tax/fee
(b) Period to which it relates
(c) Details such as building No./occupation etc.
(d) Amount due Rs.
(e) Fine, if any Rs.
(f) Any other details
_____________
Total Rs.
============
(in word……………………………………………………..) only.
You are hereby requested to pay the amount within thirty days from the date
of receipt of this Notice, failing which it shall be recoverable as an arrear of land
revenue as per the provisions of the Regulation and rules thereunder.
(Seal of Panchayat)
Executive Authority
Note: - To be served in duplicate for services and return.
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15
FORM-III
(SEE RULE 18)
--------------------PANCHAYAT
ASSESSMENT BOOK OF BUILDING TAX
Details of building
Name
&
addres
s
Sy.No.
Panchay
at
building
No.
Area of
the
building/
nature of
construct
ion,
furnishin
g etc.
Self
occupie
d or
rent/co
mmerci
al
Annual
rental
Rs.
Tax
assesse
d during
the
period
Last Date
for
payment
Fine for
default
Date of
payment
Cumula
tive
balance
Other
inform
a-tion
if any
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
16
Form IV
[See Rule 23 (2)]
ASSESSMENT BOOK OF PROFESSION TAX
Name
and
address
of
assess
ee
Nature
of
occupation
(trade/professi
on/
calling
including
business
&
shop
owner/
employees)
Period of
assessme
nt
Salaried
income/
other
income
for
the
purpose
of
assessme
nt
Other
details
collected/
used
for
assessme
nt
Professi
on
tax
assesse
d
Last
date
for
payme
nt
Fine
for
defau
lt
Date of
payme
nt
Cumulati
ve
balance
Other
informati
on if any
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
17
Form-V
[See Rule 27 (1)]
PROFESSION TAX RETURN FOR THE YEAR …………………….
1.
Name
and
address
of
the
company
establishment or person
2.
Description of business, profession, trade, calling
or appointment
3.
Income tax has been assessed, the profit and
gains ie., income on which income tax is
assessed.
4.
If the profits and gains are not ascertainable or
income tax has not been assessed for the year,
(i) the turnover of the business transacted
within the Panchayat area during the year;
or
(ii) where such turnover is not ascertainable,
the turnover of the business during the
previous year.
I, …………………………………………………do hereby declare and certify that the
information furnished above is true and correct to the best of my knowledge, belief
and as revealed from records.
Place
Signature of the Assesses
Date
Name
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
18
Form VI
(See Rule 30)
Statement showing the details of employees and their income particulars for the half
year from
………….to………./…………..to …………………….
Sl.No.
Name
&
Designation
Total
salary
income
Period of
service in
the District
Panchayat
area
Amount of
profession
tax
deducted
at source
Mode
of
remittance
with
details of
amount,
Cheque /
DD No.
Date, etc
Remarks
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
19
भारतसरकार/ GOVERNMENT OFINDIA
लƗȪीपप्रशासन/ LAKSHADWEEP ADMINISTRATION
पंचायतिवभाग/ DEPARTMENT OF PANCHAYATS
कवरिȅ/ KAVARATTI – 682555
Dated: …………….
NOTIFICATION
F.No. 2/4/2023-DOP
In exercise of the powers conferred under section 130 of the Lakshadweep
Panchayats Regulation, 2022, the Administrator, U.T. of Lakshadweep hereby makes
and notifies the following rules namely: -
CHAPTER I
1.
Short title and commencement
(1) These rules may be called “The Lakshadweep Panchayats
Business Rules, 2023”.
(2) These rules shall come in to force with effect from the date of
publication in Official Gazette.
Short title
and
commenc
ement
2.
Definitions
(1) In these rules, unless the context otherwise requires.
(a) “Form” means a form appended to these rules;
(b) “Order” means the order published in the official Gazette;
(c) “Deputy Collector” means a Deputy Collector under the
Administration and includes a Block Development Officer
and Authorized Officer in the islands; and
Definition
s
27.09.2023
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
20
(d) “Presiding Officer” means the Sarpanch or the Upa-
Sarpanch of Gram Panchayat, President or the Vice
President of District Panchayat or any other member
authorized by the Sarpanch or President or any other officer
in the island authorized by the Administrator to preside over
a Panchayat meeting;
(2) All words except those defined under sub rule (1) shall have the
same meanings as are respectively assigned to them in the
Regulation.
CHAPTER II
SITTING OF THE GRAMSABHA
3.
Meeting of Gram Sabha
(1) The meetings of the Gram Sabha shall be held in the location
specified by the Sarpanch, preferably within the Gram Sabha
area.
(2) Except as otherwise provided in the Regulation or these rules, the
Sarpanch or in his absence the Upa-Sarpanch shall convene
meeting of Gram Sabha and shall fix the date, time, and exact
place of the meeting. The Sarpanch or in his absence the Upa-
Sarpanch or in the absence of both any person chosen by Gram
Sabha shall preside over the meetings of Gram Sabha.
(3) The notice of the meeting shall-
(a) contain the date, time, and exact place of the meeting and
(b) be published by-
(i) affixing on the notice board of the Panchayat and at
conspicuous places in the Gram Sabha area;
(ii) public announcement in the Gram Sabha area; and
(iii) any other manner as directed by the Sarpanch or
Administrator.
Meeting
of Gram
Sabha
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
21
4.
Extraordinary meetings
In case of failure of Sarpanch to convene an extraordinary meeting as
required under provision of sub-section (1) of section 8, the
Panchayat Secretary shall convene the meeting as required under
second proviso to sub-section (1) of section 8.
Extraordi
nary
meetings
5.
Periodicity of meetings
Periodicity of Gram sabha meetings shall be regulated as per
provision in sub-section (1) of section 8 in the regulation
Periodicit
y of
meetings
6.
Nature of business to be stated in the notice
A notice of a meeting of Gram Sabha shall, inter-alia, state the nature
of the business to be transacted at the meeting.
Nature of
business
to be
stated in
the notice
7.
Procedure at the meetings of Gram Sabha
(1) Subject to the provisions of section 9, the following procedure
shall be followed at the meeting of the Gram Sabha: -
(a) a brief draft proceeding of the last meeting shall be read and
confirmed and then signed by Sarpanch or Upa-Sarpanch
as the case may be and the Panchayat Secretary;
(b) the copies of circulars and orders relating to Gram Sabha
received from the Administrator and Director of Panchayat
shall be translated into Malayalam or Mahl and read out in
the meeting;
(c) the details of development work done and proposed to be
done in the Gram Sabha area shall be presented in the
meeting;
(d) the list of beneficiaries selected by the Panchayat under
various
schemes
of
assistance
from
Panchayat,
Administration,
Government
of
India,
or
any
other
organization shall be presented in the meeting.
(e) the matters as required under sub-section (1) of section 9
shall be presented in the meeting for approval.
(f) answer to questions, if any, required to be given under
these rules, shall be taken up and answered.
(g) any other item with the approval of the Sarpanch or Upa-
Sarpanch, as the case may be.
Procedur
e at the
meetings
of Gram
Sabha
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
22
(2) The Gram Sabha shall make recommendations and suggestions
to the Gram Panchayat in respect of matter specified under sub-
section (2) of section 9 of the regulation.
(3) The Gram Sabha shall perform the functions specified in section
10 of the regulation.
(4) Appointment of Supervisory committees
(i) The Gram Sabha shall constitute the supervisory committees
as specified in section 11 of the regulation.
(ii) The election of members to the supervisory committee under
section 11 shall be made by suggesting name of one person
by a member and seconded by another member, if the
names of persons so suggested and seconded exceed the
number of members required to constitute the committee,
the required number of members shall be elected from
amongst the persons so suggested and seconded in
accordance with the system of proportional representation
by means of the single transferable vote.
(iii)No fee or allowances shall be payable for attending the
meetings of a Committee
(5) Appointment of the Convenor
(i) The Sarpanch shall nominate one of the members of the
committee to be the Convenor of the committee.
(ii) If the Convenor is for any reason unable to act, the Sarpanch
may nominate another convenor in his place.
(iii)If the Convenor is absent from any sitting, the committee
shall choose another member to act as Convenor for that
sitting.
(6) Sitting of Committee
The sittings of the Committee shall be held on such dates
and such hours as the Convenor of the Committee may fix.
(7) Sittings of Committee in private
The sittings of the committee shall be held in private. All the
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
23
persons other than the members of the committee shall withdraw
whenever the committee is deliberating.
(8) Power to send for persons, papers and records
If a committee requires presence of some persons or papers or
records which are under the direct control of the Gram Panchayat
for examination or consideration thereof in connection with
business of the committee, it shall make a request to the
Sarpanch to that effect. The Sarpanch shall make available the
presence of persons and papers through the Panchayat
Secretary.
(9) Report of Committee
The report of the committee shall be signed by its members and it
shall be submitted to the Sarpanch by its Convenor or in his
absence by any member of the committee, as authorized by the
Convenor. Any member of a committee shall have the freedom
to append his/her own opinion which is not in conformity with the
majority opinion.
(10) Power of Sarpanch to give directions
(i) The Sarpanch may from time to time issue such directions to
the Convenor of the Committee that he may consider
necessary for regulating its procedure.
(ii) If any doubt arises on any matter regarding procedure or
otherwise the Convenor may refer the same to the
Sarpanch whose decision thereon shall be final.
(11) Prorogation
Any business pending before the Committee shall not lapse for
the reason only of the prorogation of the Gram Panchayat and
the committee shall continue to function notwithstanding such
prorogation.
(12) Expiration of committee and its report
(i) A committee which is unable to complete its work before the
expiration of its term or before the dissolution of the Gram
Panchayat may report to the Panchayat Secretary that the
committee has not been able to complete its work.
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
24
(ii) Any preliminary report, memorandum or note that the
committee may have prepared, shall be made available to
the new committee.
8.
Brief proceedings to be kept in Malayalam or Mahl and English
A Gram Sabha shall keepproceedingsanda brief record of its meeting
and proceedings in Form 1in Malayalam or Mahl and in English.
A copy of brief record of the meetings and proceedings so recorded
shall be forwarded to the Director of Panchayats
9.
Questions or resolutions or propositions before the Gram Sabha
(1) Questions, Resolutions, and propositions pertaining to the Gram
Sabha alone will be discussed in the meeting of the Gram Sabha.
The Sarpanch or the Upa-Sarpanch, as the case may be, may
disallow the moving or discussion of any resolutions or
proposition before the Gram Sabha which he considers to be
beyond the scope or function of the Gram Sabha, and in so doing
he shall record his reasons in writing
(2) The questions, resolutions, or propositions, if not disallowed under
sub rule (1), shall be discussed and passed or rejected by a
majority of votes.
(3) The resolutions or propositions passed by the Gram Sabha which
have financial implications shall be further discussed in the next
meeting of the Gram Panchayat to be convened immediately
after the Gram Sabha meeting.
Question
s or
resolution
s or
propositio
ns before
the Gram
Sabha
CHAPTER III
SITTING OF THE GRAM PANCHAYAT
10.
Meeting of Gram Panchayat
(1) The meetings of Gram Panchayat shall ordinarily be held in the
island, where the office of the Panchayat is located.
(2) Except as otherwise provided in the Regulation or these rules,
theSarpanch or in his absence Upa-Sarpanch shall convene
meetings of the Gram Panchayat and shall fix the date, time, and
exact place of the meeting.
Meeting
of Gram
Panchay
at
11.
Special meetings
The Sarpanch or in his absence Upa-Sarpanch may at any time and
Special
meetings
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
25
shall on a written requisition signed by not less than one-third of the
members within fifteen days from the receipt of such requisition,
convene a special meeting of the Gram Panchayat.
Provided that where the Sarpanch or upa-sarpanch fails to convene
the meetings under this section, the Panchayat Secretary shall
convene such meetings within a period of thirty days.
12. Notice of no confidence motion
(1) A written notice of intention to move a motion of no confidence
under section 23 of Lakshadweep Panchayat Regulation, 2022
shall be necessary. It shall state the reasons for moving the
motion and shall be delivered in person by member of the Gram
Panchayat.
(2) On receipt of the notice of no confidence motion, the Sarpanch or
Upa-Sarpanch, as the case may be, shall convene a meeting of
the Panchayat to consider the notice of no confidence motion
within fifteen days after issue of the notice for the meeting;
Provided that the notice of the meeting shall be issued within ten
days of the receipt of the notice of no confidence motion;
Provided further that no such notice shall be given before six
months of assumption of office by the Sarpanch or Upa-Sarpanch
(3) Subject to the provisions under sub section (2) of Section 23, the
Sarpanch or the Upa-Sarpanch as the case may be, shall readout
the notice received under sub-section (1). He shall then allow the
motion to be moved and discussed. Upon the conclusion of the
debate, the motion shall be put to vote.
(4) The Sarpanch or the Upa-Sarpanch, as the case may be, shall
declare the result of the voting. The motion shall be deemed to
have been carried only when it has been passed by a majority as
prescribed under section 23(3).
(5) If the motion of No Confidence is carried out, the Gram Panchayat
shall recommend to the Gram Sabha the removal of Sarpanch or
the Upa-Sarpanch, as the case may be from his office.
(6) On receipt of the recommendation, under sub rule (5), the
procedures laid down in sub-section (4) to (7) of section 23 of the
regulation shall be followed by the Gram Sabha.
Notice of
no
confidenc
e motion
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
26
(7) The proceedings of the meetings of the Gram Panchayat and
Gram Sabha shall be got recorded. A copy of the proceedings
together with a copy of the motion and the result of voting shall
be sent to the Director of Panchayats.
13.
Quorum for a meeting
The quorum for a meeting of Gram Panchayat shall be not less than
one-third of the total number of the members of the Gram Panchayat.
Quorum
for a
meeting
14.
Periodicity of meetings
Meetings of Gram Panchayat shall be held in such a manner that the
intervening period between two consecutive sessions shall not be
more than thirty calendar days.
Periodicit
y of
meetings
15.
Meeting to be notified
(1) A notice to attend the meeting of the Gram Panchayat shall state
the date, time and place of the meeting.
(2) Notice of meeting under sub rule (1) shall be sent to each member
through a messenger at least ten days before the meeting and
shall also be displayed at conspicuous places within the
jurisdiction of the Panchayat.
Meeting
to be
notified
16.
Nature of business to be stated in notice
A notice of a meeting of Gram Panchayat shall, inter alia, state the
nature of business to be transacted at the meeting.
Nature of
business
to be
stated in
notice
17.
Agenda for the meetings of Panchayat
(1) The agenda of the business to be transacted at the meeting of the
Gram Panchayat shall be given to members of the Gram
Panchayat on the previous day of the date of commencement of
the session.
(2)The agenda for the meeting of the Gram Panchayat shall be
prepared by the Panchayat Secretary with the approval of the
Sarpanch.
(3) Agenda for the meeting shall include the following: -
(a) the draft proceedings of the previous session shall be read
and confirmed at the beginning of each meeting and then
signed by the Sarpanch or the Up-Sarpanch, as the case
may be.
Agenda
for the
meetings
of
Panchay
at
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
27
(b) consideration and adoption of statement of the income and
expenditure the previous quarter;
(c) report of progress of every work and activity undertaken by
thePanchayat.
(d) report of details of enforcement of the powers conferred on
thePanchayat under Acts of Parliament Regulations
pertaining to the Union Territory of Lakshadweep, Rules,
Byelaws etc.
(e) statement of tax collected, remission given with reason and
failure for tax collection which pertains to the previous
quarter.
(f) budgetary proposals i.e., Revised Estimates for the financial
year ending of 31st March and Budget Estimate for the next
financial year commencing on 1st April which shall be
placed, considered, and adopted before 31st March.
(g) answers to questions, if any.
(h) copies of circulars and orders pertaining to Panchayat
activities received from Administrator which shall be placed
in English, Malayalam and Mahl.
(i) audited statement of accounts of the previous financial year
as and when received which shall be considered and
adopted as soon as it is received.
(j) other business, if any.
(2) The following matters shall be presented in the meeting and
passed by a simple majority of the members present and voting: -
(a) the list of beneficiaries to be selected by the Panchayat
under
various
schemes
of
the
Panchayat,
Central
Government, Schemes transferred to the Panchayat by the
Administration and of any other organisation;
(b) all works, activities, and programmes to be taken up by the
Panchayat including those under Grant-in-Aid or financial
assistance from any other sources; and
(c) all expenditure proposals over and above two lakh rupees.
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
28
18.
Proceedings to be kept in Malayalam or Mahl and English
A Gram Panchayat shall keepa brief record of its meetings and
proceedings in Form-2in Malayalam or Mahl and English.
Proceedi
ngs to be
kept in
Malayala
m or
Mahl and
English
19.
Notice of question or resolution
Any member of the Gram Panchayat who desires to bring forward any
resolution or wishes to ask any question at any meeting of the
Panchayat shall give notice of his intention to do so atleast five days
before the meeting;
Provided that the Sarpanch or Upa-Sarpanch, as the case may be,
may, in his discretion permit the discussion of a resolution or
transaction of any business for which no previous notice has been
given, if it is, in his opinion, of an emergent nature calling for
immediate discussion.
Notice of
question
or
resolution
20.
Resolutions or proposition before Gram Panchayat
(1) The Sarpanch or the Upa-Sarpanch, as the case may be, may
disallow the moving or discussion of any resolution or proposition
before the Panchayat which he considers it to be beyond the
scope of function of the Gram Panchayat, as the case may be,
and in so doing, he shall record his reasons in writing.
(2) The resolutions or propositions if not disallowed under sub rule (1)
shall be discussed and passed or rejected by a majority of votes.
In case of equality of votes, the Sarpanch or Upa-Sarpanch, as
the case may be, shall have a casting vote.
(3) Where the Sarpanch or Executive Officer considers that any
resolution or proposition passed under sub rule (2) has not been
legally passed or is in excess of the powers conferred by the
Regulation or these rules, or that if carried out it is likely to
endanger human life or health or the public safety, as the case
may be, he shall refer such resolution or proposition to the
Director of Panchayats.
(4) The resolution or proposition referred to him under sub-rule (3)
shall be considered by the Director of Panchayats and if in his
opinion the resolution or proposition so passed by the Panchayat
has not been legally passed or is in excess of the powers
Resolutio
ns or
propositio
n before
Gram
Panchay
at
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
29
conferred by the Regulation or these rules, or that if carried out it
is likely to endanger human life or health or the public safety, he
shall order the Sarpanch to expunge such resolution or
proposition.
21.
Nature of question to be asked
Subject to provisions under the Regulation, questions to be asked by
a member shall pertain to subjects allotted to a Gram Panchayat only
Nature of
question
to be
asked
22.
Disallowing of a question
The Sarpanch or Upa-Sarpanch, as the case may be, may disallow
any question which does not conform to the provisions of rule 21.
Disallowi
ng of a
question
23.
Treatment of questions on receipt
On receipt of the questions, the Panchayat Secretary shall serially
number them in the order of their date of receipt and shall place them
before the Sarpanch.
Treatmen
t of
questions
on receipt
24.
Answering of questions
The Sarpanch or the Upa-Sarpanch, as the case may be, shall
answer the questions allowed.
Answerin
g of
questions
25.
Expunction and withdrawal of a question
(1) A member putting a question may withdraw the same at any time
before the answer is read at the meeting and in any such case
the question shall be expunged from the records of the meeting,
(2) Where any remark made by any member while participating in the
proceedings in a meeting is disallowed by the Presiding Officer, it
shall be expunged from the records of the meeting.
Expunctio
n and
withdraw
al of a
question
26.
Question by proxy
If the member who has given due notice of any question has not
withdrawn it before the meeting is held and is also not present at the
meeting, the Sarpanch or Upa-Sarpanch, as the case may be, may
allow the question to be put by any other member present and the
answer to the same be read.
Question
by proxy
27.
Rules to be observed by members
While the Gram Panchayat is in a sitting, a member,
Rules to
be
observed
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
30
(i) shall not read any book, newspaper or letter except in
connection with the business of the Panchayat;
(ii) shall not interrupt any member while speaking by disorderly
expression or noise or in any other disorderly manner;
(iii) shall bow to the Chair while entering or leaving the House and
when taking or leaving his seat;
(iv) shall not pass between the Chair and a Member who is
speaking;
(v) shall not leave when the Presiding Officer is addressing;
(vi) shall always address the Chair;
(vii) shall keep to his usual seat while addressing;
(viii) shall maintain silence when not speaking;
(ix) shall not interrupt or obstruct proceedings and shall avoid
making running commentaries when speeches are being
made;
by
members
28. Member’s right to speak
When a member rises to speak, his name shall be called by the
Presiding Officer. If more members than one rise at a time the
member whose name is so called shall be entitled to speak.
Member’s
right to
speak
29. Members to rise while speaking
A member desiring to make any observation on any matter before the
House shall rise and address the Chair from his place:
Provided that a member disabled by sickness or infirmity may be
permitted to speak while sitting.
Members
to rise
while
speaking
30. Procedure when Presiding Officer rises
Whenever the Presiding Officer rises, he shall be heard in silence and
any member who is then speaking or offering to speak shall
immediately sit down.
Procedur
e when
Presiding
Officer
rises
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
31
31.
Maintenance of order
The Presiding Officer shall preserve order and shall have all powers
necessary for the purpose of enforcing his decision.
Maintena
nce of
order
32.
Custody of Papers
(i) The Panchayat Secretary shall have custody of all records,
documents and papers belonging to the Gram Panchayat or
any of its committee and shall not permit any such records,
documents, or paper to be taken without the permission of the
Sarpanch.
(ii) All the correspondence made by the Panchayat should be
under the signature of the Panchayat Secretary after obtaining
approval of the Sarpanch or Upa-Sarpanch, as the case may
be. All the correspondence received in the Panchayat, unless
orders are issued otherwise by the Administrator or an
authority under the Administration, shall be put up to the
Sarpanch for perusal before processing in file and the files
should be invariably put up to the Sarpanch or Upa Sarpanch.
Custody
of Papers
33.
Admission of strangers
The admission of strangers during the meeting of the Gram
Panchayat shall be regulated in accordance with the orders made by
the Sarpanch.
Admissio
n of
strangers
34.
Power to order withdrawal of strangers
The Sarpanch may, whenever he thinks fit, order withdrawal of the
strangers from the House.
Power to
order
withdraw
al of
strangers
35.
Duties of the Sarpanch of Gram Panchayat
Without prejudice to the provisions in the Regulation and unless
prevented by reasonable cause, it shall be the duty of the President;
(a) (i) to convene and preside at all meetings of the District
Duties of
the
Sarpanch
of Gram
Panchay
at
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
32
Panchayat;
(ii) to guide and direct the transaction of business at the
meetings and ensure orderly conduct of the meeting.
(b) have access to the records of the Panchayat;
(c) to supervise and manage the establishment maintained by the
District Panchayat;
(d) to keep a watch over the financial and executive administration
of the Panchayat and submit to the Panchayat all questions
connected therewith which appear to him to require its orders
(e) exercise administrative supervision over the Chief Executive
Officer for securing implementation of resolution or decision of
the Panchayat or of any committee thereof;
(f) to arrange for the maintenance of forms and registers as
specified either under these rules or separate rules or by
executive orders of Administrator and be responsible for all
correspondence on behalf of the District Panchayat;
(g) to arrange for the execution of various items of work and be
responsible for the maintenance and upkeep of the property of
the District Panchayat;
(h) to make arrangement for the assessment and collection of
taxes, rates and fees imposed by the District Panchayat;
(i) to file civil suit and launch prosecution on behalf of the
Panchayat; and
(j) to perform such other duties as are required of or imposed on
him by or under the Regulation and these rules.
36.
Special powers of the Sarpanch
In the case of any emergency and under intimation to the Deputy
Collector/Block Development Officer, the Sarpanch may undertake
any item of work with which the Gram Panchayat is concerned,
without obtaining the prior sanction of the Gram Panchayat;
Provided that such action shall be placed before the Panchayat at its
next meeting.
Special
powers of
the
Sarpanch
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
33
37.
Delegation of powers
Without prejudice to the provisions of the Regulation, the Sarpanch
may delegate any of his powers to the Upa- Sarpanch or the
Panchayat Secretary subject to such conditions as he may think fit to
impose.
Delegatio
n of
powers
38.
Village Volunteer Force
(1) The members of the Village Volunteer Force organised as per
section 35 of regulation shall perform honorary duties.
(2) The Gram Panchayat may give a distinct identity, subject to
availability of funds, to the members by providing a uniform,
badge, certificate of recognition etc.
Village
Volunteer
Force
39.
Information of absence from duty
A Sarpanch or Upa-Sarpanch intending to absent himself from his
duty for any reason for a period exceeding fifteen days, shall inform
the Deputy Collector or Block Development Officer, as the case may
be, in writing of such intention together with the date from which he
wishes to be absent and the date on which he is likely to return to
taken up his duty.
Informati
on of
absence
from duty
CHAPTER IV
SITTINGS OF THE DISTRICTPANCHAYAT
40.
Meetings of District Panchayat
(1) The meetings of District Panchayat shall ordinarily be held in the
island where the office of the District Panchayat is located.
(2) Except as otherwise provided in the Regulation or these rules, the
President or in his absence of the Vice President shall convene
meeting of the District Panchayat and shall fix the date, time, and
exact place of the meeting.
Meetings
of District
Panchay
at
41.
Special meetings
The President or in his absence the Vice President of District
Panchayat, shall, upon a written requisition signed by not less than
one third of the members convene a special meeting of the
Panchayat within fifteen days from the receipt of such requisition.
Provided that where the President or Vice President fails to convene
Special
meetings
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
34
the meetings under this section, the Chief Executive Officer shall
convene such meetings within a period of thirty days.
42. Notice of the no confidence motion
(1) A written notice of intention to move a motion of no confidence
under Section 73 of Lakshadweep Panchayat Regulation, 2022
shall be necessary. It shall state the reasons for moving the
motion and shall be delivered in person by a member of the
District Panchayat who is one among the one third of elected
members moving the motion.
Provided that no such notice shall be given before six months of
assumption of office by the President or Vice President, as the
case may be.
(2) On receipt of the notice of no confidence, the President or the
Vice President, as the case may be, shall convene a meeting of
the District Panchayat within fifteen days from the date of receipt
of such a notice.
(3) Subject to the provisions under Section 73, the President or the
Vice President as the case may be, shall readout the notice
received under sub rule (1). He shall then allow the motion to be
moved and discussed. Upon the conclusion of the debate, the
motion shall be put to vote.
(4) The President or the Vice President, as the case may be, shall
declare the result of the voting. The motion shall be deemed to
have been carried only when it has been passed by a majority as
required by sub-section (2) of section 73 of the Regulation.
(5) If the motion is carried out, 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.
(6) Notwithstanding anything contained in the Regulation and these
rules, the President or the Vice President shall not preside over a
meeting in which motion of no confidence is discussed against
him but he shall have the right to speak or otherwise take part in
the proceedings of such meetings.
(7) The proceedings of the meeting shall be got recorded. A copy of
the proceedings together with a copy of the motion and the result
of voting shall be sent to the Director of Panchayats.
Notice of
the no
confidenc
e motion
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
35
43.
Quorum for a meeting
The quorum for a meeting of District Panchayat shall be not less than
one-third of the total number of the members of the District
Panchayat.
Quorum
for a
meeting
44.
Periodicity of meetings
Meeting of the District Panchayat shall be held in such a manner that
the intervening period between two consecutive sessions shall not be
more than ninety days.
Periodicit
y of
meetings
45.
Meeting to be notified
(1) A notice to attend the meeting of the District Panchayat shall state
the date, time and place of the meeting.
(2) Notice of meeting under sub rule (1) shall be sent to each member
atleast twenty days before the meeting and shall also be
communicated by message through the Deputy Collector or Block
Development Officer of the respective island and through means
of electronic communication. A copy of the notice shall also be
displayed at conspicuous place within the jurisdiction of the
District Panchayat.
Meeting
to be
notified
46.
Nature of business to be stated in notice
A notice of a meeting of District Panchayat shall, inter alia, states the
nature of business to be transacted at the meeting.
Nature of
business
to be
stated in
notice
47.
Agenda Papers
(1) The agenda of the business to be transacted at the meeting of the
District Panchayat shall be given to members of the District
Panchayat on the previous day of the date of commencement of
the session.
(2) The agenda for the meeting of the District Panchayat shall be
prepared by the Chief Executive Officer with the approval of the
President.
Agenda
Papers
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
36
(3) Agenda for the meeting shall include the following: -
(a) the draft proceedings of the previous session shall be read
and confirmed at the beginning of each meeting and then
signed by the President or the Vice President, as the case
may be.
(b) consideration and adoption of statement of the income and
expenditure the previous quarter;
(c) report of progress of every work and activity undertaken by
the Panchayat.
(d) report of details of enforcement of the powers conferred on
the Panchayat under Acts of Parliament Regulations
pertaining to the Union Territory of Lakshadweep, Rules,
Byelaws etc.
(e) statement of tax collected, remission given with reason and
failure for tax collection which pertains to the previous
quarter.
(f) budgetary proposals i.e., Revised Estimates for the financial
year ending of 31st March and Budget Estimate for the next
financial year commencing on 1st April which shall be
placed, considered, and adopted before 31st March.
(g) answers to questions, if any.
(h) copies of circulars and orders pertaining to Panchayat
activities received from Administrator which shall be placed
in English, Malayalam and Mahl.
(i) audited statement of accounts of the previous financial year
as and when received which shall be considered and
adopted as soon as it is received.
(j) other business, if any.
(4) Any member who wishes to have any subject included in the
agenda shall intimate his intention by notice in writing to the Chief
Executive Officer at least fifteen days before the day of the
meeting and such notice shall contain a gist of the subject which
he wishes to be included. The President shall decide on the
admissibility of the subject and shall disallow any subject stating
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
37
the reason therefor in writing if in his opinion it contravenes any of
the provision of the Regulation or the Rules made thereunder.
Provided that the President may, if he is satisfied that there are
sufficient reasons for doing so, relax the period of fifteen days, in
individual case or in general
Explanation: The word ‘Agenda’ does not include questions.
(5) The following matters shall be presented in the meeting and
passed by a simple majority of the members present and voting: -
(a) the list of beneficiaries to be selected by the Panchayat
under various schemes of assistance from the Panchayat,
central
government,
Administration
or
any
other
organisation;
(b) all works, activities, and programmes to be taken up by the
Panchayat including those under Grant-in-Aid or financial
assistance from any other sources; and
(c) all expenditure proposals over and above five lakh rupees.
48.
Order of Business
The Chief Executive Officer shall arrange the business to be taken for
consideration by the District Panchayat in such order as the President
may determine and such order of the business shall not be varied
unless the President is satisfied that there is sufficient ground for such
variation.
Order of
Business
49.
No business not included in the list of business shall be transacted at
any sitting without the permission of the President.
50.
Time for question
Unless the President otherwise directs, after the first day of the sitting
the first thirty minutes of every sitting shall be available for asking and
answering the questions.
Time for
question
51.
Notice of Questions including Short Notice Questions
Notice of
Question
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38
Unless the President otherwise directs, notice of questions shall be
given to the Chief Executive Officer in writing not less than seven
clear days before the commencement of the session of the District
Panchayat.
Provided that the President may permit a question for which such
notice has not been given or the notice given is less than seven clear
days before the commencement of the Session, if he is satisfied that
here are special reasons for doing so.
s
including
Short
Notice
Question
s
52. Number and order of preference of question
(1) Unless the President otherwise directs, not more than three
questions by same member shall be placed on the list of
questions for answer in one session of the District Panchayat.
(2) The order in which questions are to be placed shall be indicated
by the member giving notice and if no such order is indicated the
question shall be placed on the list of Questions in the order in
which notices are received in point of time.
Number
and order
of
preferenc
e of
question
53. Written answers to questions
(1) The Chief Executive Officer shall obtain all the information sought
in such questions, which are within the subjects allotted to the
Panchayat, in writing and make it available to the members:
Provided that the President may allow a discussion on any
question asked and the answer given thereto, if it appears
expedient and necessary for him to do so.
(2) Answer to written questions and supplementary questions shall
be answered by the President or Vice President.
Written
answers
to
questions
54. Condition of admissibility of question
(1) Subject to the provisions under the Regulation, the right to ask a
question is governed by the following conditions: -
(i) it shall not bring in any name or statement not strictly
necessary to make the question intelligible;
(ii) if it contains a statement the member shall make himself
responsible for the accuracy of the statement;
(iii) it
shall
not
contain
arguments,
inferences,
ironical
Condition
of
admissibil
ity of
question
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
39
expressions,
imputations,
epithetical
or
defamatory
statements;
(iv) shall not ask for an expression of opinion or the solution of
an abstract legal question or of hypothetical proposition;
(v) it shall not refer to the character or conduct of any person
except in his official or public capacity;
(vi) it shall not relate to a matter which is not primarily the
concern of the District Panchayat;
(vii) it shall not ask about proceedings of a committee which
have not been placed before the District Panchayat by a
report from the Committee;
(viii) it shall not make or imply a charge of personal character;
(ix) it shall not raise questions of policy too large to be dealt
within the limits of an answer to a question;
(x) it shall not repeat in substance questions already answered
or to which an answer has been refused;
(xi) it shall not ask for information on trivial matters;
(xii) it shall not ordinarily ask for information on matters of
history;
(xiii) it shall not ask for information set forth in accessible
documents or in ordinary works of reference;
(xiv) it shall not raise matters under the control of bodies or
persons not primarily responsible to the Panchayat;
(xv) it shall not relate to a matter with which a member is not
officially connected.
(2) Each question shall not exceed more than fifty words.
(3) A member shall not ask more than one question on one subject
55.
Decision on admissibility of question
The President shall decide whether a question or a part thereof, is
Decision
on
admissibil
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
40
admissible and may disallow any question or a part thereof when in
his opinion it is an abuse of the right of questioning or is calculated to
obstruct or prejudicially affect the procedure of the District Panchayat
or is in contravention of the provisions of the Regulation and these
rules.
ity of
question
56.
Withdrawal of question
A member may, by notice given at any time before the answer is
given, withdraw his question.
Withdraw
al of
question
57.
Appointment of Committees
(1) The Committees constituted by the under sub-section (1) of
section 80 shall have proportionate representation of the
members of different Political Parties in the Panchayat.
(2) The election of members to the committees shall be made by
suggesting name of one person by a member and seconded by
another member.If the names of persons so suggested and
seconded exceed the number of members required to constitute
the committee, the required number of members shall be elected
from amongst the persons so suggested and seconded in
accordance with the system of proportional representation by
means of the single transferable vote.
(3) The term of office of the Committee shall not be exceeding three
months, within which it shall submit its report.
(4). Appointment of the Convenor
(1) The President may nominate one of the members of the
committee to be the convenor of the committee.
(2) If the Convenor is for any reason unable to act, the President
may nominate another convenor in his place.
(3) If the Convenor is absent from any sitting, the committee
shall choose another member to act as Convenor for that
sitting.
(5). Sitting of Committee: - The sittings of the Committee shall be held
on such dates and such hours as the Convenor of the Committee
may fix.
Appointm
ent of
Committe
es
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
41
(6). Sittings of Committee in private
The sittings of the committee shall be held in private. All the
persons other than the members of the committee shall withdraw
whenever the committee is deliberating.
(7). Power to send for persons, papers, and records
If a committee requires presence of some persons or papers or
records which are under the direct control of the District
Panchayat for examination or consideration thereof in connection
with business of the committee, it shall make a request to the
President to that effect. The President shall make available the
presence of person and papers through the Chief Executive
Officer.
(8). Report of Committee
The report of the committee shall be signed by its members and it
shall be submitted to the President by its Convenor or in his
absence by any member of the committee, as authorized by the
Convenor. Any member of a committee shall have the freedom
to append his/her own opinion which is not in conformity with the
majority opinion.
(9). Power of President to give directions
(1) The President may from time to time issue such directions to
the Convenor of the Committee he may consider necessary
for regulating its procedure.
(2) If any doubt arises on any matter regarding procedure or
otherwise, the Convenor may refer the same to the
President whose decision thereon shall be final.
(10). Prorogation
Any business pending before the committee shall not lapse for
the reason only of the prorogation of the District Panchayat and
the committee shall continue to function notwithstanding such
prorogation.
(11).Expiration of committee and its report
(1) A committee which is unable to complete its work before the
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
42
expiration of its term or before the dissolution of the District
Panchayat may report to the Chief Executive Officer that the
committee has not been able to complete its work.
(2)Any preliminary report, memorandum or note that the
committee may have prepared, shall be made available to
the new committee.
58.
Rules to be observed by members
While the District Panchayat is sitting, a member: -
(i) shall not read any book, newspaper, or letter except in
connection with the business of the Panchayat;
(ii) shall not interrupt any member while speaking by disorderly
expression or noise or in any other disorderly manner;
(iii) shall bow to the chair while entering or leaving the House
and when taking leaving his seat;
(iv) shall not pass between the Chair and a Member who is
speaking;
(v) shall not leave when the Presiding Officer is addressing;
(vi) shall always address the Chair;
(vii) shall keep to his usual seat while addressing;
(viii) shall maintain silence when not speaking;
(ix) shall not interrupt or obstruct proceedings and shall avoid
making running commentaries when speeches are being
made;
Rules to
be
observed
by
members
59.
Member’s right to speak
When a member rises to speak his name shall be called by the
Presiding Officer.If more members than one rise at a time the
member whose name is so called shall be entitled to speak.
Member’s
right to
speak
60.
Member to rise while speaking
Member
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43
A member desiring to make any observation on any matter before the
House shall rise and address the Chair from his place:
Provided that a member disabled by sickness or infirmity may be
permitted to speak while sitting.
to rise
while
speaking
61.
Procedure when Presiding Officer rises
Whenever the Presiding Officer rises, he shall be heard in silence and
any member who is then speaking or offering to speak shall
immediately sit down.
Procedur
e when
Presiding
Officer
rises
62.
Maintenance of order
The Presiding Officer shall preserve order and shall have all powers
necessary for the purpose of enforcing his decision.
Maintena
nce of
order
63.
Expunction of remarks and withdrawal of questions
(1) Any member may withdraw his question at any time before the
answer is read in the meeting and in any such case the question
shall be expunged from the records of the meeting.
(2)Where any remark made by any member while participating in the
proceedings in a meeting is disallowed by the Presiding Officer, it
shall be expunged from the records of the meeting.
Expunctio
n of
remarks
and
withdraw
al of
questions
64.
Report of Proceedings
(1) The Chief Executive Officer shall cause to be prepared in Form 2
a brief record of the proceedings of the meeting in Malayalam or
Mahal and in English as may be decided by District Panchayat
and shall as soon as practicable, supply copy, thereof to all
concerned. The proceedings so prepared shall be placed and
confirmed in the next meeting.
(2) Where the President or Chief Executive Officer considers that
any resolution or proposition passed under sub rule (2) has not
been legally passed or is in excess of the powers conferred by
the regulation or these rules, or that if carried out it is likely to
endanger human life or health or the public safety, as the case
may be he shall refer such resolution or proposition to the
Director of Panchayats
Report of
Proceedi
ngs
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
44
(3) The resolution or proposition referred to him under sub-rule (2)
shall be considered by the Director of Panchayats and if in his
opinion the resolution or proposition so passed by the Panchayat
has not been legally passed or is in excess of the powers
conferred by the Regulation or these rules, or that if carried out it
is likely to endanger human life or health or the public safety, the
Director of Panchayats with the
approval of Secretary
Panchayats shall order the President to expunge such resolution
or proposition.
(4) The Administrator or Director of Panchayats may call for and
examine the record of the proceedings of a Panchayat for the
purpose of satisfying himself as to the legality or propriety of any
order passed or decision taken and may stay, revise or modify
the order or decision in such manner as he may deem fit.
65.
Custody of Papers
(i) The Chief Executive Officer shall have custody of all
records, documents and papers belonging to the District
Panchayat or any of its committees and shall not permit any
such records, documents or paper to be taken without the
permission of the President.
(ii) All the correspondence made by the Panchayat should be
under the signature of the Chief Executive Officer after
obtaining approval of the President or Vice President, as the
case may be. All the correspondence received in the
Panchayat, unless orders are issued otherwise by the
Administrator or an authority under the Administration, shall
be put up to the President or Vice President, as the case
may be, for perusal before processing in file and the files
should be invariably put up to the President or Vice
President.
Custody
of Papers
66.
Admission of strangers
The admission of strangers during the meeting of the District
Panchayat shall be regulated in accordance with the orders made by
the President.
Admissio
n of
strangers
67.
Power to order withdrawal of strangers
The President may, whenever he thinks fit, order withdrawal of the
Power to
order
withdraw
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
45
strangers from the House.
al of
strangers
68. (1)
Duties of the President and Vice President
Without prejudice to the provisions in the Regulation and unless
prevented by reasonable cause, it shall be the duty of the
President;
(a) (i) to convene and preside at all meetings of the District
Panchayat;
(ii) to guide and direct the transaction of business at the
meetings and ensure orderly conduct of the meeting.
(b) have access to the records of the Panchayat;
(c) to supervise and manage the establishment maintained by
the District Panchayat;
(d) watch over the financial and executive administration of the
Panchayat and submit to the Panchayat all questions
connected therewith which appear to him to require its
orders
(e) exercise administrative supervision over the Chief Executive
Officer for securing implementation of resolution or decision
of the Panchayat or of any committee thereof;
(f) to arrange for the maintenance of forms and registers as
specified either under these rules or separate rules or by
executive orders of Administrator and be responsible for all
correspondence on behalf of the District Panchayat;
(g) to arrange for the execution of various items of work and be
responsible for the maintenance and upkeep of the property
of the District Panchayat;
(h) to make arrangement for the assessment and collection of
taxes, rates and fees imposed by the District Panchayat;
(i)to file civil suit and launch prosecution on behalf of the
Panchayat; and
(j) to perform such other duties as are required of or imposed
on him by or under the Regulation and these rules.
Duties of
the
President
and Vice
President
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
46
(2) 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 President or when the office of the
President falls vacant, preside over the meetings of the
District Panchayat
69
Special powers of the President
In the case of any emergency and under intimation to the Director
Panchayat, the President may undertake any item of work with which
the District Panchayat is concerned, without obtaining the prior
sanction of the District Panchayat.
Provided that such action shall be placed before the District
Panchayat at its next meeting.
Special
powers of
the
President
70.
Information of absence from duty
A President or Vice-President intending to absent himself from his
duty for any reason for a period exceeding fifteen days, shall inform
the District Collector in writing of such intention together with the date
from which he wishes to be absent and the date on which he is likely
to return to taken up his duty.
Informati
on of
absence
from duty
71.
Delegation of Powers
Without prejudice to the provisions of the Regulation, the President
may delegate any of his powers to the Vice President or the Chief
Executive Officer subject to such conditions as he may think fit to
impose.
Delegatio
n of
Powers
By Order and in the name of the
Administrator
Secretary Panchayat
Sd/-
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
47
Business Rules
FORM 1
(See Rule 8)
FORM OF PROCEEDINGS OF GRAM SABHA
1. Date
:
2. Total number of Members of the Gram Sabha
:
3. Total number of Members present in the meeting
:
4. Resolutions
:
a) No
:
b) Resolution moved by
:
c) Text of Resolution
:
5. Other business, if any, transacted in the meeting
:
Note: Sarpanch or Upa-Sarpanch, as the case may be, and the Panchayat
Secretarywill sign at the end of the proceedings.
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
48
Business Rules
Form 2
(See Rule 18&64)
FORM OF PROCEEDINGS
1.
Date
:
2.
Name of members present and their signature :
3.
Resolution (a) No
:
(b) Moved by
:
(c) Text of Resolution
:
4. Other transactions, if any
:
Note: Panchayat Secretary and the Sarpanch of the Gram Panchayat, or Chief
Executive Officer and President, as the case may be, will sign at the end of the
proceedings.
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
49
LGP.Kvt.K-1371/9-23/50
Sd/-