Rajasthan Panchayati Raj Act 1994 (Chapter 3 Panchayati Raj Institutions)

Rajasthan Panchayati Raj Act 1994

Chapter 3
Panchayati Raj Institutions

Rajasthan Panchayati Raj Act 1994 (Chapter 3 Panchayati Raj Institutions):- 9. Establishment of a panchayat.-(1) The State Government may, by notification in the Official Gazette, declare any local area, comprising a village or a group of villages not included in a municipality or a cantonment board constituted under any law for the time being in force, to be a panchayat circle, and for every local area declared as such, there shall be a panchayat.

(2) Every panchayat shall, by the name notified in the official gazette, be a body corporate having perpetual succession and a common seal and shall, subject to any restrictions and conditions imposed by or under this Act or any other law, have power to acquire, by purchase, gift, or otherwise, to hold, administer, and transfer property, both movable and immovable, to enter into any contract, and, by the said name, sue and be sued.

(3) The State Government may, at any time, after one month’s notice published in the prescribed manner, either on its motion or at the request of the panchayat or of the residents of the panchayat circle, and by notification in the Official Gazette, change the name [or place of office] of any such panchayat.

10. Establishment of Panchayat Samiti. (1) The State Government may, by notification in the Official Gazette, declare any local area within the same district to be a block, and for every block declared as such, there shall be a Panchayat Samiti having jurisdiction, save as otherwise provided in this Act, over the entire block, excluding such portions of the block as are included in a municipality or a cantonment board constituted under any law for the time being in force; provided, however, that a Panchayat Samiti may have its office in any area comprised within the excluded portion of the Panchayat Samiti’s territory.

(2) Every Panchayat Samiti shall, by the name notified in the Official Gazette, be a body corporate having perpetual succession and a common seal and shall, subject to any restrictions and conditions imposed by or under this Act or any other law, have power to acquire, by purchase, gift, or otherwise, to hold, administer, and transfer property, both movable and immovable, to enter into any contract, and to sue and be sued under the said name.

(3) The state government may, at any time after one month’s notice published in the prescribed manner, on its motion or at the request of the panchayat samiti or of the residents of any area within the block of the panchayat samiti, notify the name [or place of office] of any such panchayat samiti.

11. Establishment of Zila Parishad. (1) For every district, there shall be a Zila Parishad having jurisdiction, save as otherwise provided in this Act, over the entire district, excluding such portions of the district as are included in a municipality or a cantonment board constituted under any law for the time being in force:

A Zila Parishad may have its office in any area within the excluded portion of the district.

(2) Every Zila Parishad shall bear the name of the district for which it is constituted and shall be a body corporate having perpetual succession and a common seal and shall, subject to any restrictions and conditions imposed by or under this Act or any other law, have power to acquire, by purchase, gift, or otherwise, to hold, administer, and transfer property, both movable and immovable, and to enter into any contract, and shall, by the said name, sue and be sued.

12. Composition of a Panchayat (1) A panchayat shall consist of:

(a) a Sarpanch; and

(b) directly elected Panchas from as many wards as are determined under Subsection (2).

[(2) The State Government shall, by such rules as may be framed on this behalf, determine the number of the wards, not being less than five for each Panchayat Circle, and thereupon so divide the Panchayat Circle into single-member wards that the population of each ward is, so far as practicable, the same throughout the Panchayat Circle.]

13. Composition of a Panchayat Samiti — (1) A Panchayat Samiti shall consist of: (a) directly elected members from as many territorial constituencies as are determined under Subsection (2);[***]

(b) all members of the Legislative Assembly of the State representing constituencies that comprise wholly or partly the Panchayat Samiti area; [and]

[(c) chairpersons of all the Panchayat falling within the Panchayat Samiti]

Provided that the members referred to in Clauses (b) and (c) shall have a right to vote in all meetings of the Panchayat Samiti except those for the election and removal of the Pradhan or Up-Pradhan.

[(2) The State Government shall, by such rules as may be framed on this behalf, determine the number of territorial constituencies, not being less than fifteen, for each Panchayat Samiti area and thereupon so divide the area into single-member territorial constituencies that the population of each territorial constituency is, so far as practicable, the same throughout the Panchayat Samiti area.]

Provided that a Panchayat Samiti area having a population not exceeding one lakh shall consist of fifteen constituencies, and in the case of a Panchayat Samiti area whose population exceeds one lakh, then for every fifteen thousand or part thereof over one lakh, the said number of fifteen shall be increased by two.

14. Composition of a Zila Parishad — (1) A Zila Parishad shall consist of:

(a) directly elected members from as many territorial constituencies as are determined under Subsection (2);

(b) all members of the Lok Sabha and of the State Legislative Assembly representing constituencies that comprise wholly or partly the Zila Parishad area; [***]

(c) all members of the Rajya Sabha registered as electors within the Zila Parishad area; [***]

[(d) chairpersons of all panchayat samitis falling within the Zila Parishad area;]

Provided that the members referred to in Clauses (b), (c), and (d) shall have a right to vote in all meetings of the Zila Parishad except those for the election and removal of the Pramukh or the Up-Pramukh.

[(2) The State Government shall, by such rules as may be framed in this behalf, determine the number of territorial constituencies, not being less than seventeen, for each Zila Parishad area, and thereupon divide the area into single-member territorial constituencies so that the population of each territorial constituency is, so far as practicable, the same throughout the Zila Parishad area.]

Provided that a Zila Parishad area having a population not exceeding four lakhs shall consist of seventeen constituencies, and in the case of a Zila Parishad area whose population exceeds four lakhs, then for every one lakh or part thereof more than four lakhs, the said number of seventeen shall be increased by two.

15. Reservation of seats — [(1) Seats to be filled by direct election in a Panchayati Raj Institution shall be reserved for: (a) the Scheduled Castes;

(b) the Scheduled Tribes; and

(c) the backward classes,

as also for women in bye provisions contained in the succeeding subsections.]

(2) The number of seats reserved for the scheduled castes and the scheduled tribes shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in a Panchayati Raj Institution as the population of such castes or, as the case may be, such tribes in that Panchayati Raj Institution area bears to the total population of the area.

(3) Such a percentage, not exceeding twenty-one, of seats in a Panchayati Raj Institution at each level shall be reserved for backward classes as long as the percentage of the combined rural population of scheduled castes and scheduled tribes in the concerned district compared to the total rural population of the district falls short of fifty.

Provided that at least one seat shall be reserved in each Panchayati Raj Institution at each level for backward classes where the combined rural population of scheduled castes and scheduled tribes in the concerned district does not exceed seventy percent of the total rural population of the district.

(4) Seats reserved by the provisions contained in the preceding subsections may be allotted by rotation to different wards or, as the case may be, different constituencies in the concerned Panchayati Raj Institution.

[(5)] No less than [one half] of the total number of seats reserved under [Sub-sections (2) and (3)] shall be reserved for women belonging to the scheduled castes, the scheduled tribes, or, as the case may be, the backward classes.

[(6)] Not less than [one-half] (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, and the Backward Classes) of the total number of seats to be filled by direct election in every Panchayati Raj Institution shall be reserved for women, and such seats may be allotted by rotation to different wards or, as the case may be, constituencies in the concerned Panchayati Raj Institution in such a manner as may be prescribed.

16. Reservation of the offices of chairpersons (1) The offices of the Sarpanchas, the Pradhans, and the Pramukhs shall be reserved for

(a) the scheduled caste;

(b) the Scheduled Tribes; and

(c) the Backwards Classes,

as also for women by the provisions contained in the succeeding subsection.

(2) The number of each of these offices reserved for the Scheduled Castes and Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of each of these offices in the State as the population of such Castes or, as the case may be, such Tribes in the State bears to the total population of the State.

(3) Such parentage, not exceeding in [twenty-one] of offices of Sarpanch or Pradhan in a Panchayat Samiti or Zila Parishad, as the case may be, shall be reserved for Backward Classes, as the percentage of the combined population of Scheduled Castes and Scheduled Tribes in the Panchayat Samiti or Zila Parishad area about the total population of such Panchayat Samiti or Zila Parishad area, as the case may be, falls short of fifty:

Provided that at least one office of Sarpanch or Pradhan in a Panchayat Samiti or Zila Parishad shall be reserved for backward classes where the combined population of scheduled castes and scheduled tribes in the Panchayat Samiti or Zila Parishad area, as the case may be, does not exceed seventy percent of the total population of the Panchayat Samiti or the Zila Parishad area.

(4) [twenty-one] percent of the total number of offices of Pramukh in the State shall be reserved for the Backward Classes.

(5) Not less than one-third of the total number of offices of Sarpanchas, pradhans, and pramukhs in the state shall be reserved for women.

(6) Offices reserved under this section shall be allotted by rotation to different panchayats, panchayat samitis, and Zila Parishads in the state in such a manner as may be prescribed.

Explanation. — If a fraction forms part of the number of seats computed under Section 15 or offices computed under this section, the number of seats or offices, as the case may be, shall be increased to the next higher number in case the fraction consists of half or more of a seat or office and the fraction shall be ignored in case it consists of less than half of a seat or office.]

17. Duration of, and election to, the Panchayati Raj Institutions. (1) Every Panchayati Raj Institution, unless sooner dissolved under this Act, shall continue for five years from the date of the first meeting of the respective institution and no longer.

[Explanation:] “Panchayat Samiti” or, as the case may be, “the Up-Sarpanch of a Panchayat” shall be deemed to be the first meeting of the respective Panchayati Raj Institution.

(2) The superintendence, direction, and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayati Raj Institutions shall be vested in the State Election Commission.

(3) The election to constitute a Panchayati Raj Institution shall be completed—(a) before the expiration of its duration specified in sub-Section (1); and

(b) in the case of dissolution, before the expiration of a period of six months from the date of its dissolution:

Provided that the remainder of the period for which the dissolved Panchayati Raj Institution would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayati Raj Institution for such a period.

(4) A Panchayati Raj Institution, constituted upon its dissolution before the expiration of its duration, shall continue only for the remainder of the period for which it would have continued under Section 1 had it not been so dissolved.

(5) The State Government may, from time to time, make provisions by rules concerning all matters relating to or in connection with the election to the Panchayati Raj Institutions, including those about the preparation of electoral rolls, the delimitation of wards or constituencies, and all other matters necessary for securing the due constitution of such institutions.

18. Electors and electoral rolls. — (1) For each of the wards or constituencies into which the area of a Panchayati Raj Institution is divided under this Act, there shall be prepared and maintained in the prescribed manner by or under the supervision of the State Election Commission, an electoral roll therefor.

(2) Subject to the provisions of sub-Sections. (3) to (6) every person who—(a) is not less than eighteen years of age on the qualifying date, and

(b) is ordinarily resident in a ward or constituency of the Panchayati Raj Institution concerned. shall be entitled to be registered in the electoral roll for the ward of the constituency.

Explanation. — (1) “Qualifying date” about the preparation or revision of every electoral roll under this Act means the 1st day of January of the year in which it is so prepared or revised.

(ii) A person shall not be deemed to be ordinarily resident in a ward or constituency because he owns or has a dwelling house therein.

(iii) A person absenting himself temporarily from his place of ordinary residence shall not, by reason thereof, cease to be ordinarily resident therein.

(iv) A member of Parliament or the State Legislature shall not, during the term of his office, cease to be ordinarily resident in the ward or constituency in the electoral roll of which he is registered as an elector at the time of his election as such a member, by reason only of his absence from that ward or constituency in connection with his duties as such a member.

(v) A person who is a patient in any establishment maintained wholly or mainly for the treatment of persons suffering from mental illness or any other illness involving long treatment, or who is detained in prison or legal custody at any other place, or who is residing in a hostel for study, or who is residing in a hotel, etc., as a casual visitor, shall not, by reason thereof, be deemed to be ordinarily resident therein.

(vi) If, in any case, a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined in light of all the relevant facts of the case and by such rules as may be made on this behalf.

(3) A person shall be disqualified for registration in the electoral roll for the ward or constituency if he—(a) is not a citizen of India; or

(b) is of unsound mind and stands so declared by a competent court; or

(c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offenses in connection with elections.

(4) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll prepared under this Act.

Provided that the name of any person struck off the electoral roll of a ward or constituency because of disqualification under Clause (c) of Sub-Section (3) shall forthwith be re-entered in that roll if such disqualification is, during the period such a roll is in force, removed under any law authorizing such removal.

(5) No person shall be entitled to be registered on the electoral roll for more than one ward or constituency of any Panchayati Raj Institution in the State.

[6.] No person shall be entitled to be registered in the electoral roll of a ward or constituency more than once. 18A. Making false declarations If any person makes in connection with-

(a) the preparation, revision, or correction of an electoral roll; or

(b) the inclusion or exclusion of any entry in or from an electoral roll, a statement, or declaration in writing which is false and which he either knows, or believes to be false or does it believe to be true, he shall be publishable, with imprisonment for a term which may extend to one year, or with fine, or with both.]

18B. Breach of official duty in connection with the preparation, etc., of electoral rolls — (1) If any Electoral Registration Officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision, or correction of an electoral roll or the inclusion or exclusion of any entry information from that roll is without reasonable cause guilty of any act or omission in breach of such official duty, he shall be punishable [with imprisonment for a term which shall not be less than three months but which may extend to two years and with fine].

(2) No suit or other legal proceeding shall lie against any such officer or another person for damages in respect of any such act or omission aforesaid.

(3) No, Court shall take cognizance of any offense, publishable under Sub-Section (1) unless there is a complaint made by order of, or under authority from the state Election Commission or the Chief Electoral Officer or the Collector concerned.]

18C. Right to vote. — (1) Except as expressly provided by this Act, every person who is registered in the electoral roll of any ward or constituency of a Panchayati Raj Institution shall be entitled to vote in that ward or constituency.

(2) No person shall vote at an election in any ward or constituency if he is subject to any of the disqualifications referred to in Subsection (3) of Section 18.

(3) No person shall at any election vote in more than one ward or constituency, and if a person votes in more than one ward or constituency, his votes in all the wards or constituencies shall be deemed to be void.

Explanation. Zila Parishad, when held simultaneously, shall be deemed separate elections.

(4) No person shall at any election vote in the same ward or constituency more than once, notwithstanding that his name may have been registered in the electoral roll thereof more than once, and if he does vote, all his votes shall be deemed to be void.

[5] No person shall vote at any election under this Act if he is confined in prison, whether under a sentence or otherwise, or is in the lawful custody of the police.

19. Qualifications for election as a panch or a member. Every person registered as a voter in the list of voters of a Panchayati Raj Institution shall be qualified for election as a Panch or, as the case may be, a member of such Panchayati Raj Institution unless such person—(a) is disqualified under any law for the time being in force for election to the Legislature of the State of Rajasthan:

Provided that no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years;

[(Aa) is found guilty of corrupt practice by order of a competent court, consequent upon an election petition filed under and by the provisions of this Act or rules made thereunder.]

(b) holds a salaried whole-time or part-time appointment under a local authority [a university or any corporation, body, Enterprise, or Co-operative Society, which is either controlled wholly or partly financed by the State Government;]

(c) has been dismissed from state government service for misconduct involving moral turpitude and has been declared disqualified for employment in the public service;

(d) holds any salaried post or place of profit under any Panchayati Raj institution;

(e) Has directly or indirectly, by himself or by his partner, employer, or employees, any share or interest in any contract with, by, or on behalf of the Panchayati Raj Institution, collectively owning such a share or interest in any work done for;

[(f) is suffering from any bodily or mental defect or disease rendering him incapable of work; and]

[(g) has been convicted of an offense by a competent court and sentenced to imprisonment for six months or more, such sentence not having been subsequently reversed or remitted, or the offender pardoned;]

[(gg) is under trial in the competent Court which has taken cognizance of the offense and framed the charges against him of any offense punishable with imprisonment for five years or more;]

(h) is, for the time being, ineligible for election under Section 38;

(i) has not paid, for two months from the date of the presentation of the notice of demand therefor, the amount of any tax or fee imposed by the Panchayati Raj Institution concerned;

(j) is employed as a legal practitioner on behalf of or against the Panchayati Raj Institution concerned;

(k) has been convicted of an offense punishable under the Rajasthan Prevention of Mrityu Bhoj Act, 1960; [***]

(l) has more than two children; [***]

[(m) earlier having been a Chairperson or Deputy Chairperson of any Panchayati Raj Institution, has not paid dues even after the expiry of a period of two months from the date of the notice for deposition of the dues of the Panchayati Raj Institution, was duly served upon such Chairperson or Deputy Chairperson, and his name is included in the list of such defaulters supplied by the State Government to the Collector (Panchayats) at least two months before the issue of the notification for election to such Panchayati Raj Institution;]

(n) In the case of a seat reserved for scheduled castes of scheduled tribes or backward classes of the state, is not a member of those castes of tribes or classes, as the case may be;

(o) in the case a seat reserved for the woman is not a woman; and

(p) in the case of a seat reserved for women belonging to scheduled castes, scheduled tribes, or backward classes, is not a member of these castes, tribes, or classes, as the case may be, and is not a woman;

[(q) does not have a functional sanitary toilet in the house, and any of his family members defecate in the open.]

[(r) deleted

(s) deleted

(t) deleted

provided that-

(i) A person shall not because he is a shareholder in or a member of any incorporated company or a co-operative society registered under the law for the time being in force in the State of Rajasthan, be held to be interested in any contract entered into between the company or co-operative society and the Panchayati Raj Institution;

[(a) for Clause (aa), a person shall be deemed to be disqualified for six years from the date of the order referred to in Clause (aa);]

[(ii) for Clauses (c), (g), and (k), any person shall become eligible for election after a lapse of six years from the date of his dismissal or the date of his conviction, as the case may be;]

(iii) for Clause (i), a person shall not be deemed to be disqualified if he has paid the amount of the tax or fee due from his before the date of filing his nomination papers;

[(iv) for clause (1),

(a) the birth during the period from the date of commencement of this Act, hereinafter in this proviso referred to as the date of such commencement, to 27th November 1995, of an additional child shall not be taken into consideration:

(b) A person having more than two children (excluding the child, if any, born during the period from the date of such commencement to November 27, 1995) shall not be disqualified under that clause for so long as the number of children he had on the date of commencement of this Act does not increase;

(c) while counting the total number of children a child born from earlier delivery and having a disability shall not be counted.

Explanation. — The word “disability” shall include any type of disability specified in or under the Rights of Persons with Disabilities Act, 2016 (Central Act No. 49 of 2016).

[(v) for Clause (m), a Chairperson or Deputy Chairperson shall not be deemed to be disqualified if he pays the amount due to him before filing his nomination paper.]

Explanation-I. — For the purpose of clause (L) of Section 19, where the person has only one child from the earlier delivery or deliveries on the date of commencement of this Act and thereafter, any number of children born out of a single subsequent delivery shall be deemed to be one entity;

[Explanation-II. — For clause (q) of this section, (i) “sanitary toilet” means a water-sealed sealed toilet system or setup surrounded by three walls, a door, and a roof; and

(ii) “Family members” means the spouse of such a person, his children, and his parents living with such a person.

[Explanation-III. Deleted

(ii) The word “school” shall have the same meaning as assigned to it in clause (n) of Section 2 of the right of children to free and compulsory education act, 2009 (Central Act No. 35 of 2009).

19A. Special qualification for election to certain seats Notwithstanding anything to the contrary contained in Section 19 or any other provisions of this Act or of any other law for the time being in force, a person shall not be eligible for election to such seats in a Panchayati Raj Institution, as may be determined by the state government in the prescribed manner, unless he or she is within the age group of twenty-one years to thirty-five years and is otherwise eligible for election to such seats;

Provided that—(i) not more than two seats, such as those reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes, or women in a Panchayati Raj Institution, shall be determined under this section;

(ii) where several seats reserved in a Panchayati Raj institution for any of the scheduled castes, scheduled tribes, backward classes, or women are three or less than three, one seat from such castes, tribes, classes, or, as the case may be, women, shall be determined under this section;

(iii) where several unreserved seats in a Panchayati Raj Institution are five or less than five, only one from such seats shall be determined under this section; and

(iv) Where the number of unreserved seats in a Panchayati Raj Institution is more than five, one seat out of each block of five such seats shall be determined under this section, and any fraction of fewer than five seats shall be ignored.

19B. Restriction on contesting election for more than one seat in a Panchayati Raj Institution. — (1) Notwithstanding anything contained in any other provisions of this Act, a person shall not be entitled to contest an election—(a) for more than one ward, in the case of the election of a Panch;

(b) for the seat of Panch in that panchayat if he contests election as a Sarpanch;

(c) for more than one constituency of a Panchayati Samiti, in case of the election of a member of that Panchayati Samiti.

(d) for more than one constituency of a Zila Parishad, in the case of the election of a member of that Zila Parishad;

(2) Every person who may have filed his nomination for seats to a Panchayati Raj Institution for more than one ward or constituency as the case may be, in contravention of Sub-Section (I), shall withdraw his candidature from all one of the seats by a notice in writing which shall contain such particulars as may be prescribed and deliver the same before the time and date fixed for withdrawal of nomination:

Provided that if a person fails to withdraw his candidature as specified above he shall be deemed to have withdrawn his candidature from all the seats to which he may have filed his nomination.

20. Restriction on simultaneous or double membership in a Panchayati Raj Institution (1) No person shall, except as expressly by this Act, be a member of two or more Panchayati Raj Institutions.

(2) Where a person while being a member of one Panchayati Raj Institution intends to contest as a candidate for membership of another Panchayati Raj the Institution may stand as a candidate for such membership notwithstanding anything contained in Sub-Section (1):

Provided that if he is chosen for the seat for which he contested a candidate, the seat already held by him shall become vacant on the date on which he is so chosen unless the seat so held is in another Panchayati Raj Institution and the term of that Panchayati Raj Institution is to expire within four months from the date on which he is so chosen.

(3) If any person is simultaneously selected as a member of two or more Panchayati Raj Institutions, the person shall, within fourteen days from the date of the letter of the dates on which he is so chosen, intimate to the competent authority one of the Panchayati Raj Institutions in which he wishes to serve, and thereupon his seat in the Panchayati Raj Institution other than the one in which he wishes to serve shall become vacant.

(4) Any intimation given under Section 3 shall be final and irrevocable.

(5) In default of the intimation referred to in Subsection (3) within the aforesaid period, the competent authority shall determine the seat that he shall retain, and thereupon the remaining seat from which he was selected shall become vacant.

21. Restriction on the simultaneous holding of the office of a [Chairperson, deputy chairperson, or member] in a Panchayati Raj Institution and the membership of Parliament or a state legislature, etc. — No, a person shall remain both the [chairperson, deputy chairperson, or member] of a Panchayati Raj Institution and a member of Parliament or a State Legislature or a Municipal Board or a Municipal Council or a Municipal Corporation, and if a person who is already a member of Parliament or a State Legislature or a member of a Municipal Board or a Municipal Council or a Municipal Corporation is elected as such [chairperson, deputy chairperson, or member], then at the expiration of fourteen days from the date of his election, he shall cease to be such [chairperson, unless he has previously resigned his seat in the State Legislature or Municipal Board or Municipal Council or Municipal Corporation, as the case may be:

Provided that if a person, who is already the [chairperson, deputy chairperson or member] of a Panchayati Raj Institution, is elected as a member of Parliament or the State Legislature or a Municipal Board or a Municipal Council or a Municipal Corporation, then at the expiration of fourteen days from the date of being elected as a member of Parliament or the State Legislature or a Municipal Board or a Municipal Council or a Municipal Corporation, as the case maybe he shall cease to be such [chairperson, deputy chairperson or member] unless he has previously resigned his seat in the Parliament or the state Legislature or the Municipal Board or the Municipal Council or the Municipal Corporation, as the case may be.

22. Electoral Offences. — The provisions of Sections [125] 126, 127, 127A. 128, 129, 130, 131, 132, [132-A], 133, 134, 134A. [134B. 135, 135A. 135BB. 135-C and 136] of the Representation of the People Act, 1951 (Central Act XLIII of 1951) shall have effect as if-

(a) reference therein to an election was a reference to an election under this Act;

(b) references therein to a constituency included references to a ward or a constituency of a Panchayati Raj Institution; and

(c) in Sections 134 and 136 thereof, for the words “by or under this Act,” the words and figures “by or under the Rajasthan Panchayati Raj Act, 1994” were substituted.

[d] in Subsection (1) of Section I35B. [For the words “House of the People or the Legislative Assembly of a State,” the words “Panchayati Raj Institution” were substituted.]

[22A. Restriction on the Use of Vehicles, Loudspeakers, etc.] (1) The State Election Commission may impose reasonable restrictions on the use of vehicles or loudspeakers or on the displaying of cut-outs, hoardings, posters, and banners by any candidate or his duly authorized election agent during the period of election, commencing from the date of publication of notification for election to the Panchayati Raj Institution and ending on the date on which the whole process of election is completed.

(2) If any candidate or his duly authorized election agent contravenes any of the restrictions imposed by the State Election Commission under Sub-Section (1), he shall, on conviction, be punishable with a fine that may extend to rupees. 2000/-.

(3) Every person punished under Sub-Section (1) shall, by an order of the Commission, be liable to be disqualified for being chosen as or for being a member of any Panchayati Raj Institution for a period which may extend to six years from the date of such order.

Provided that the State Election Commission issues a subsequent order, for reasons to be recorded, to remove any disqualification under this section or reduce the period of any such disqualification.

(4) No court shall take cognizance of an offense referred to in Subsection (2) except based on the complaint made by an officer authorized on this behalf by any general or special order by the State Election Commission.

23. Publication of election results The names of persons, whether elected as members of a Panchayati Raj Institution or as Chairperson or Deputy Chairperson of such an institution, shall be published in the prescribed manner.

24. Oath or affirmation.—Every member or Chairperson or Deputy Chairperson of a Panchayati Raj Institution shall, before entering upon his duties as such, make and subscribe before the competent authority an oath or affirmation in the prescribed form.

25. Handing over of charge. — (1) Whenever the election of a member of the Chairperson or Deputy Chairperson of the Panchayati Raj Institution has been declared to be void, or whenever such member, Chairperson, or Deputy Chairperson—(i) is not found qualified or becomes disqualified under Section 19 to hold his office; or

(ii) ceases to be so under the provisions of this Act; or

(iii) fails to make the prescribed oath or affirmation by the provisions of this Act; or

(iv) is removed from office or is suspended under Section 38; or

(v) is resigning his office under Section 36; or

Whenever a motion of no-confidence is passed against the chairperson or the deputy chairperson of a Panchayati Raj Institution under Section 37; or

Whenever the term of office of a Panchayati Raj Institution expires, or the election of all the members of a Panchayati Raj Institution with or without the Chairperson has been declared void, or such election or the proceedings subsequent thereto have been stayed by an order of a competent court; or

Whenever a Panchayati Raj institution is dissolved under this Act,

Such member, Chairperson, or Deputy Chairperson, or all or any of them, shall forthwith hand over charge in the prescribed manner of his or her office, including all papers and properties about such office in his or her actual possession or occupation—(a) in the case of a member, to the Chairperson of the Panchayati Raj Institution concerned;

(b) in the case of the Chairperson, to the Deputy Chairperson of such Panchayati Raj Institution or, where there is no such Deputy Chairperson, to such member of such Panchayati Raj Institution or another person as the competent authority may direct [:]

[Provided that charge of the office of any chairperson who was elected to an office reserved for the persons belonging to Scheduled Castes or the Scheduled Tribes or the Backward Classes or for women, shall be handed over as per directions of the Competent Authority, to a member, if any of the said Castes, Tribes, or classes or a woman member, as the case may be, as may be prescribed and where there is no such belonging to the said Castes, Tribe, Classes, or woman member to whom charge can be given as aforesaid, the charge shall be handed over in the manner as may be prescribed, to any other member not belonging to the aforesaid categories.]

(c) in the case of a Deputy Chairperson, to the Chairperson of the Panchayati Raj Institution concerned or, where there is no such Chairperson, to such member of such Panchayati Raj Institution or another person as the competent authority may direct;

(d) in the case of a Panchayati Raj Institution, whose term of office has expired, to such new Panchayati Raj Institution as has been constituted; and

(e) in the case of a Panchayati Raj Institution dissolved under this Act, to the Administrator appointed under Section 95

(2) Upon the election or appointment of a new member or Chairperson or Deputy Chairperson or upon the constitution of a new Panchayati Raj Institution, and after the oath or affirmation of office required by this Act has been duly made the person holding on the date on which such oath or affirmation is made, a charge of the office of such member or Chairperson or Deputy Chairperson or the Panchayati Raj Institution shall in pursuance of Sub-Section (1), forthwith handover to the person so elected or to the Panchayati Raj Institution so constituted, as the case may be the charge of office including all papers and properties about such office in his actual possession or occupation.

(3) If any person fails or refuses to handover charge of office as required under Sub-Section (1), or subsection (2), the competent authority may, by order in writing, direct the person so failing or refusing to hand over such charge forthwith to the persons or persons entitled thereto under Sub-Section (1), or Sub-Section (2), as the case may be.

(4) If the person to whom a direction has been issued under Subsection (3) fails to comply with the direction, he shall, on conviction, be punished with imprisonment for a term not exceeding one year or with a fine not exceeding one thousand rupees or with both.

(5) Any officer empowered by the competent authority on this behalf may, without prejudice to any action that has been or may be taken under Sub-Section (4), use such force as may be deemed necessary for enforcing the provisions of Section 2 and may, for that purpose, invoke, in the manner prescribed, the assistance of the police or the nearest magistrate competent to do so.

26. Sarpanch and his election. — (1) Every panchayat shall have a sarpanch, who must be a person qualified to be elected as a panch and shall be elected by the electors of the whole panchayat circle in the prescribed manner.

(2) If the electors of a panchayat circle fail to elect a sarpanch by this section or if the panchas fail to elect an up-sarpanch, the state government shall appoint a person to the vacancy till the vacancy is filled up by election within six months, and the person so appointed shall be deemed to be a duly elected sarpanch or up-sarpanch, as the case may be.

27. Procedure for election of the Up-Sarpanch on the establishment of a panchayat (1) Every Panchayat shall have Up-Sarpanch.

(2) On the establishment of a Panchayat for the first time under this Act, or on its reconstitution or establishment thereafter, a meeting of the Panchayat shall be called immediately by the competent authority who shall himself preside over the meeting but shall have no right to vote, and in such meeting, the Up-Sarpanch shall be elected.

28. Election of Pradhan and Up-Pradhan. — (1) The elected members of the Panchayat Samiti shall, as soon as may be, choose two members from amongst themselves to be respectively the Pradhan and Up-Pradhan thereof, and so often as there is a casual vacancy in the office of Pradhan or Up-Pradhan, they shall choose another member from amongst themselves to be the Pradhan or Up-Pradhan, as the case may be.

Provided that no election shall be held if a vacancy is for less than one month.

(2) The election of Pradhan and Up-Pradhan and the filling up of the vacancies in the said offices shall be by such rules as may be made.

29. Election of Pramukh and Up-Pramukh. — (1) The elected member of the Zila Parishad shall, as soon as may be, select two members from amongst themselves to be respectively the Pramukh and Up-Pramukh thereof, and so regularly as there is a casual vacancy in the office of the Pramukh or Up-Pramukh, they shall choose another member from amongst themselves to be the Pramukh or Up-Pramukh, as the case may be:

Provided that no election shall be held if a vacancy is for less than one month.

(2) The election of the Pramukh or the Up-Pramukh of a Zila Parishad and the filling up of vacancies in the said offices shall be in accordance as may be made.

30. Term of office of members, Chairpersons, and Deputy Chairpersons. Except as otherwise provided in this Act, (a) the members and the Chairpersons of a Panchayati Raj Institution shall hold office during the term of the concerned Panchayati Raj Institution; and

(b) The Deputy Chairperson of a Panchayati Raj Institution shall hold office as long as he continues to be a member of the concerned Panchayati Raj Institution.

31. Allowances to members, etc. The members of a Panchayati Raj Institution, including the Chairperson and Deputy Chairperson of such institution, as well as the members of any committees or subcommittees of such institution, including any Chairman thereof, shall be paid such allowances at such rates in such circumstances and subject to such terms and conditions as may be prescribed:

provided that only one allowance shall be admissible for one day.

32. Powers, functions, and duties of the Sarpanch and Up-Sarpanch — (1) The Sarpanch shall—(a) be responsible for convening the meetings of the Gram Sabha and preside over such meetings;

(b) be responsible for convening the meetings of the Panchayat and shall preside over and regulate such meetings; (c) be responsible for the maintenance of the records of the Panchayat;

(d) have the general responsibility for the financial and executive administration of the panchayat;

(e) exercise administrative supervision and control over the work of the staff of the panchayat and the officers and employees whose services may be placed at the disposal of the panchayat by any other authority;

(f) for the transaction of business connected with this Act or to make any order thereby, exercise such powers, perform such functions, and discharge such duties as may be exercised, performed, or discharged by the Panchayat under this Act or the rules made thereunder;

(g) furnish to the State Government or the officer in charge of Panchayat such reports, returns, and records, whether periodical or otherwise, as may be prescribed or as may from time be called for; and

(h) exercise such other powers, perform such other functions and discharge such other duties as the Panchayat may, by a resolution, direct or as the Government may, by rules made on this behalf, prescribe.

(2) The Up-Sarpanch shall—(a) exercise such of the powers, perform such of the functions, and discharge such of the duties of the Sarpanch as the Sarpanch may, from time to time, subject to rules made on this behalf by the Government, delegate to him by order in writing;

(b) in the absence of the Sarpanch, due either to his office remaining vacant or otherwise, exercise all the powers, perform all the functions, and discharge all the duties of the Sarpanch; and

(c) exercise such other powers, perform such other functions, and discharge such other duties, the Panchayat may, by resolution, direct or the Government may, by rules made on its behalf, prescribe.

(3) In the absence of both the Sarpanch and the Up-Sarpanch due either to their offices remaining vacant or otherwise the powers, functions, and duties of the Sarpanch shall be exercised performed and discharged by such elected member of the Panchayat and in such manner as the competent authority may direct [:]

[Provided that—(i) the Sarpanch shall exercise powers and perform functions and duties under Clauses (d) to (h); or

(ii) the Up-Sarpanch shall exercise powers and perform functions and duties as provided in Subsection (2); or

(iii) an elected member of the Panchayat empowered to act by Subsection (3) shall exercise power and perform the functions and duties of a Sarpanch;

only after seeking the prior approval of the Administration and Establishment Committee constituted under Section 55-A if the state government so directs by notification in the Official Gazette.]

33. Powers, functions, and duties of the Pradhan shall (a) convene, preside at, and conduct meetings of the Panchayat Samiti;

(b) have full access to all his records;

(c) discharge all duties imposed on him and exercise all the powers conferred on him under this Act and the rules made thereunder, and perform such functions as are entrusted to him by the government from time to time;

(d) encourage the growth of initiative and enthusiasm in the Panchayats and provide and provide to their guidance in the plans and production program undertaken by them and help the growth of cooperation and voluntary organization therein;

(e) exercise supervision and control over the Vikas Adhikari [and Block Elementary Education Officer] for securing implementation of such resolutions or decisions of the Panchayat Samiti or of the Standing Committees thereof as are not inconsistent with the provisions of this Act or any general or specific directions issued under this Act;

(f) exercise overall supervision over the financial and executive administration of the Panchayat Samiti and place before the Panchayat Samiti all questions connected therewith which shall appear to him to require its orders, and for this purpose may call for records of the Panchayat Samiti; and

(g) have emergency power to accord sanction up to a total sum of twenty-five thousand rupees in a year in consultation with Vikas Adhikari to provide immediate relief to those who are affected by the natural calamities in the Panchayat Samiti area:

Provided that the Pradhan shall place at the next meeting of the Panchayat Samiti for its ratification, the detail of such sanctions.

34. Powers, functions, and duties of the Up-Pradhan (1) The Up-Pradhan of a Panchayat Samiti shall—(a) in the absence of the Pradhan presiding at the meetings of the Panchayat Samiti;

(b) exercise such powers and perform such duties of the Pradhan of the Panchayat Samiti as the Pradhan from time to time may, subject to the rules made by the government on that behalf, delegate to him by an order in writing; and

(c) Pending the election of the Pradhan or during the absence of the Pradhan from the Panchayat Samiti Area because of leave for a period exceeding thirty days, exercise the powers and perform the duties of the Pradhan.

(2) In the absence of both the Pradhan and the Up-Pradhan due either to their offices remaining vacant or otherwise, the powers, functions, and duties of the Pradhan shall be exercised performed, and discharged by a such elected member of the Panchayat Samiti and in such manner, as the competent authority may direct.

34A. Certain powers under Secs. 33 and 34 are to be exercised with the approval of the Administration and Establishment Committee. (1) The Pradhan shall exercise powers conferred under Clauses (b) to (g) of Section 33 only after seeking the prior approval of the Administration and Establishment Committee constituted under Section 56 if the State Government so directs by notification in the Official Gazette.

(2) The Up-Pradhan shall exercise powers conferred under Clauses (b) and (c) of Sub-Section (1) of Section 34 only after seeking the prior approval of the Administration and Establishment committee constituted under Section 56 if the State Government so directs by notification in the Official Gazette.

(3) An elected member of the Panchayat Samiti empowered to act as Pradhan under Sub-Section (2) of Section 34, shall exercise powers, and perform functions and duties of Pradhan only after seeking prior approval of the Administration Establishment Committee constituted under Section 56 if the State Government so directs by notification in the Official Gazette.]

35. Powers, functions, and duties of the Pramukh and Up-Pramukh — (1) The Pramukh shall

(a) perform all the duties imposed and exercise all the powers conferred on the Pramukh under this Act and the rules made thereunder;

(b) convene, preside over, and conduct meetings of the Zila Parishad;

(c) exercise administrative supervision and control over the Chief Executive Officer and District Education Officer, and through them, all officers and other employees of the Zila Parishad, and of the officers and employees whose services may be placed at the disposal of the Zila Parishad by the State Government, and have full access to its records;

(d) exercise such other powers, perform such other functions, and discharge such other duties as the Zila Parishad may, by a resolution, direct or as the Government may, by rules made on this behalf, prescribe;

(e) exercise overall supervision over the financial and executive administration of the Zila Parishad and place before the Zila Parishad all questions connected therewith which shall appear to him to require its orders, and for this purpose may call for records of the Zila Parishad;

(f) have the power to accord sanction up to a total sum of rupees one lakh in a year, in consultation with the Chief Executive Officer, to provide immediate relief to those who are affected by natural calamities in the district:

Provided that the Pramukh shall place at the next meeting of the Zila Parishad for its ratification, the details of such sanctions;

(g) encourage the growth of initiative and enthusiasm in the panchayats, provide them guidance in the plans and production programs undertaken by them, and help the development of cooperative voluntary organizations therein;

(h) exercise such other powers as are conferred on him by or under this Act or as may be delegated to him; and

(i) To enable him to assess the activities of the Panchayat Samitis in the district and study their programs and problems, which may, from time to time,

(i) visit the blocks in the district, and

(ii) inspect the works undertaken and the records maintained by the Panchayat Samitis in the district as well as the working thereof general to guide and tender advice to the Panchayat Samitis, their Pradhans, their Vikas Adhikaris and their members, to develop healthy relations among them as well as between the Panchayat Samitis and Panchayats in each block and increase the production programs by the broad policies laid down in that behalf. A report of such inspections and activities shall be made by the Pramukh to the Zila Parishad, with particular reference to any defects that he may have noticed, and

(j) At the end of every year, send a report as to the work of the Chief Executive Officer during that year to the Director, Panchayati Raj, and Rural Development, who shall append the comments to the Confidential Report of the Chief Executive Officer.

(2) The Up-Pramukh shall—(a) in the absence of the Pramukh, preside over the meetings of the Zila Parishad;

(b) exercise such powers and perform such duties of the Pramukh as the Pramukh may, from time to time, subject to such rules as may be made, delegate to him by order in writing; and

(c) Pending the election of the Pramukh, during the absence of the Pramukh from the district, or because of leave for a period exceeding thirty days, exercise the powers and perform the duties of the Pramukh.

(3) In the absence of both the Pramukh and the Up-Pramukh, due either to their offices remaining vacant or otherwise, the powers, functions, and duties of the Pramukh shall be exercised, performed, and discharged by a such elected member of the Zila Parishad and in such a manner as the competent authority may direct.

35A. Certain powers under Section 35 are to be exercised with the approval of the Administration and Establishment Committee. (1) The Pramukh shall exercise powers conferred under clause (a) and Clauses (c) to (h) of Sub-Section (1) of Section 35, only after seeking prior approval of the Administration and Establishment Committee constituted under Section 57 if the State Government so directs by notification in the official Gazette.

(2) The Up-Pramukh shall exercise powers conferred under clauses (b) and (c) of Sub-Section (2) of Section 35 only after seeking the prior approval of the Administration and Establishment Committee constituted under Section 57 if the State Government so directs by notification in the Official Gazette.

(3) An elected member of the Zila Parishad empowered to act as a Pramukh under Sub-Section (3) of Section 35 shall exercise the powers, functions, and duties of a Pramukh conferred under Clause (a) and Clauses (c) to (h) of Sub-Section (1) of Section 35, only after seeking the prior approval of the Administration and Establishment Committee constituted under Section 57 if the State Government so directs by notification in the official gazette.

36. Resignation of Sarpanch, Up-Sarpanch, Panch, Pradhan, Up-Pradhan, Pramukh, Up-Pramukh, and members of Panchayat Samiti or Zila Parishad (1) The Sarpanch, Up-Sarpanch, or Panch may resign his office by writing under his hand, addressed to the Vikas Adhikari.

(2) A member holding office as Pradhan of the Panchayat Samiti may resign his office at any time by writing under his hand addressed to the Pramukh, Zila Parishad, and the Up-Pradhan or member of a Panchayat Samiti may resign his office at any time by writing under his hand addressed to the Pradhan, Panchayat Samiti.

(3) The Pramukh may resign his office by writing under his hand addressed to the Divisional Commissioner, and the Up-Pramukh or a member of the Zila Parishad may resign his office by writing under his hand addressed to the Pramukh.

(4) Every resignation under Subsections (1), (2), and (3) shall take effect on the expiration of fifteen days from the date of its receipt by the authority aforesaid unless withdrawn within this period of fifteen days.

(5) Every Up-Sarpanch, Pradhan, Up-Pradhan, Pramukh, and Up-Pramukh shall vacate the office if he ceases to be a member of a panchayat or, as the case may be, a panchayat samiti or a Zila parishad.

37. Motion of no-confidence in chairpersons and deputy chairpersons. — (1) A motion expressing a lack of confidence in the chairperson or deputy chairperson of a Panchayati Raj Institution may be made by the procedure laid down in the following subsections.

(2) A written notice of intention to make the motion in such form as may be prescribed, signed by not less than one-third of the directly elected members of the Panchayati Raj Institution concerned, together with a copy of the proposed motion, shall be delivered in person to the competent authority by any one of the members who signed the notice.

(3) The competent authority shall thereupon:

(i) forward a copy of the notice, together with a copy of the proposed motion, to the Panchayat in the case of a Sarpanch or Up-Sarpanch, to the Panchayat Samiti in the case of a Pradhan or Up-Pradhan, and to the Zila Parishad in the case of a Pramukh or Up-Pramukh;

(ii) convene a meeting for the consideration of the motion at the office of the concerned Panchayati Raj Institution on a date appointed by him, which shall not be later than thirty days from the date on which the notice under Subsection (1) was delivered to him; and

(iii) give to the members a notice of not less than [seven] clear days of such a meeting in such a manner as may be prescribed.

Explanation: In computing, the thirty days specified in this subsection during which the convention of a meeting is stayed by a court shall be excluded.

(4) The competent authority shall preside at such meetings:

Provided that if he is unable to do so, the officer nominated by him shall preside.

(5) A meeting convened under subsection (3) shall not be adjourned.

(6) As soon as the meeting convened under this section commences, the presiding officer shall read to the members present the motion for consideration in support of which the meeting has been convened and declare it to be open for debate.

(7) No debate on the motion under this section shall be adjourned.

(8) Such debate shall automatically terminate on the expiration of two hours from the time appointed for the commencement of the meeting if it is not concluded earlier. On the conclusion of the debate or the expiration of the said period of two hours, whichever is earlier, the motion shall be put to a vote.

(9) The presiding officer shall not speak on the merits of the motion, and he shall not be entitled to vote thereon.

(10) A copy of the minutes of the meeting, together with a copy of the motion and the result of the voting thereon, shall, on the termination of the meeting, be forwarded forthwith by the presiding officer, in the case of the chairperson or the deputy chairperson.

(a) of a Panchayat: to the concerned Panchayat and Panchayat Samiti having jurisdiction over such a Panchayat;

(b) of a Panchayat Samiti, to the concerned Panchayat Samiti and the Zila Parishad having jurisdiction over such a Panchayat Samiti;

(c) of a Zila Parishad—to the concerned Zila Parishad and the State Government

(11) If the motion is carried with the support of not less than [three-fourths] of the elected members of the concerned Panchayati Raj Institution,

(a) The presiding officer shall cause the fact to be published by affixing a notice thereof on the notice board of the office of the concerned Panchayati Raj Institution and by notifying the same in the Official Gazette; and

(b) The concerned chairperson or the deputy chairperson shall cease to have an office as such and vacate the office on or from the date on which the said notice is affixed to the notice board of the office aforesaid.

(12) If the motion is not carried as aforesaid or if the meeting could not be held for want of a quorum, no notice of any subsequent motion expressing a lack of confidence in the same chairperson or deputy chairperson shall be made until after the expiration of one year from the date of such meeting.

(13) No notice of motion under this section shall be made within two years of the assumption of office by a chairperson or deputy chairperson.

(14) The quorum to constitute a meeting for the consideration of a no-confidence motion against the chairperson or deputy chairperson shall be one-third of the total number of persons entitled to vote thereat.

38. Removal and suspension. — (1) The State Government may, by order in writing and after giving him an opportunity of being heard and making such inquiry as may be deemed necessary, remove from office any member, including a chairperson or a deputy chairperson of a Panchayati Raj Institution, who—(a) refuses to act or becomes incapable of acting as such; or

(b) is guilty of misconduct in the discharge of duties or any disgraceful conduct;

Provided that any inquiry under this subsection may be initiated even after the expiry of the term of the Panchayati Raj Institution concerned or, if already initiated before such expiry, be continued thereafter, and in any such case, the state government shall, by order in writing, record its findings on the charges leveled.

(2) The chairperson or the deputy chairpersons removed under Subsection (1) may, at the discretion of the state government, also be removed from the membership if any of the Panchayati Raj Institutions are concerned.

(3) The member, the Chairperson, or the Deputy Chairperson removed under Sub-sec. (1) or against whom findings have been recorded under the proviso to that sub-sec, shall not be eligible for being chosen under this Act for five years from the date of his removal or, as the case may be, the date on which such findings are recorded.

(4) The State Government may suspend any member including a chairperson or deputy chairpersons of a Panchayati Raj Institution against whom an inquiry has been initiated under Sub-Section (1) or against whom any criminal proceedings regarding an offense involving moral turpitude are pending trimaran a Court of law such person shall stand debarred from taking part in any action or proceeding of the Panchayati Raj Institution [stand debarred from taking part in any action or proceeding of the Panchayati Raj Institution concerned while being under such suspension [;]

[Provided that the State Government may also suspend any panch on the recommendation of the Ward Sabha or a sarpanch on the recommendation of the Gram Sabha, but the State Government shall do so only when a resolution to that effect is passed by a Ward Sabha. or a Gram Sabha, as the case may be, is referred by the state government to the collector for convening a special meeting of the Ward Sabha or the Gram Sabha, as the case may be, for finally ascertaining the wishes of the members, and the members present in the meeting so convened by the collector and presided over by his nominee, reaffirm the resolution seeking suspension of the Panch or the Sarpanch, as the case may be, by a majority of two-thirds of the members present and voting:

[Provider further that no resolution seeking suspension of the Panch or Sarpanch shall be moved or passed before the completion of a tenure of two years by a Panch or a Sarpanch, as the case may be.]

(5) The decision of the state government on any matter arising under this section shall, subject to any order made under Section 97, be final and shall not be liable to be questioned in any court of law. 39. Cessation of membership — (1) [A] member of a Panchayati Raj Institution shall not be eligible to continue to be such a member if he—(a) is or becomes subject to any of the disqualifications specified in Section 19; or

(b) has absented himself from three consecutive meetings of the Panchayati Raj Institution concerned without giving information in writing to such Panchayati Raj Institution; or

(c) is removed from the membership; or

(d) resigns from the membership; or

(e) dies; or

(f) fails to take the prescribed oath or affirmation of the office of membership within three months from the date of election or appointment.

(2) Whenever it appears to the competent authority that a member has become ineligible to continue to be a member for any of the reasons specified in Subsection (1), the concerned authority may, after allowing him to be heard, declare him to have become so ineligible, and thereupon he shall vacate his office as such a member.

[***]

[***]

Provided that until a declaration under this subsection is made, he shall continue to hold his office.

[40] The judge is to decide questions of disqualification. [xxx xxx xxx]

[41. Vacation of office chairperson and deputy chairperson. [xxx xx]

42. Filling up of vacancies. — If the office of a member, chairperson, or deputy chairperson of a Panchayati Raj Institution becomes vacant by death, removal, resignation, or otherwise under this Act, it shall be forthwith reported to the State Election Commission. An election to fill the vacancy shall be held in such a manner as may be prescribed. The foregoing provisions of this Act shall apply to such election, and the member, chairperson, or deputy chairperson so elected shall hold office for the remainder of the term during which the outgoing member, chairperson, or deputy chairperson would have been entitled to hold office if the vacancy had not occurred:

Provided that it shall not be necessary to fill up the vacancy if the term of such vacancy would expire within six months from the date of the occurrence of the vacancy.

43. Determination of dispute as to elections (1) An election under this Act or the rules made thereunder may be called into question by any candidate for that election by presenting in the prescribed manner to the District Judge having jurisdiction a petition on this behalf on the prescribed grounds and within the prescribed period;

Provided that an election petition presented as aforesaid may, for reasons to be recorded in writing, be transferred by the District Judge for hearing and disposal to a Civil Judge or Additional Civil Judge (Senior Division) subordinate to him.

(2) A petition presented under Sub-Section (1) shall be heard and disposed of in the prescribed manner, and the judge’s decision thereon shall be final.

44. Conduct of business.—A Panchayati Raj Institution shall, in the conduct of its business, follow such procedure as may be prescribed.

45. Meetings of a Panchayat (1) A Panchayat shall meet for the transaction of business as often as may be necessary and at least once a fortnight at the office of the Panchayat and at such times as the Sarpanch may determine.

(2) The Sarpanch may, whenever he thinks fit, and shall upon the written request of not less than one-third of the total number of members and on a date within fifteen days from the receipt of such request, call a special meeting.

(3) Seven clear days’ notice of an ordinary meeting and three clear days’ notice of a special meeting, specifying the place, date, and time of such meeting and the business to be transacted thereat shall be given by the secretary to the members and such officers as the Government may prescribe and affixed to the Notice Board of the Panchayat.

(4) The officers to whom notice is given under Subsection (3) and other government officers having jurisdiction over the panchayat area or any part thereof shall be entitled to attend every meeting of the panchayat and take part in the proceedings, but they shall not be entitled to vote.

(5) If the Sarpanch fails to call a special meeting as provided in Subsection (2), the Up-Sarpanch or, in his absence, the competent authority may call such a meeting on a day not more than fifteen days thereafter and require the secretary to give notice to the members and to take such action as may be necessary to convene the meeting.

46. Meetings of a Panchayat Samiti (1) A Panchayat Samiti shall hold a meeting for the transaction of business at least once a month (hereinafter in this section called the “ordinary meeting.”

(2) Every meeting of the Panchayat Samiti shall ordinarily be held at the headquarters of the Panchayat Samiti.

(3) The date of the first meeting after the election of the Pradhan and Up-Pradhan shall be fixed by the Pradhan, and the date of each subsequent ordinary meeting shall be fixed at the previous meeting of the Panchayat Samiti, provided that the Pradhan may, for sufficient reasons, alter the day of the meeting or adjourn it to a subsequent date. The Pradhan may, whenever he thinks fit, call a special meeting and shall, upon the written request of not less than one-third of the total number of members and on a date within fifteen days from the receipt of such request, call such a meeting. Such a request shall specify the object for which the meeting is proposed to be called. If the Pradhan fails to call a special meeting, the Up-Pradhan or the competent authority may call the special meeting for a day not more than fifteen days thereafter and require the Vikas Adhikari to give notice to the members and to take such action as may be necessary to convene the meeting.

(4) Ten clear days’ notice of an ordinary meeting and seven clear days’ notice of a special meeting, specifying the time and place at which such meeting is to be held and the business to be transacted thereat, shall be sent to the members and affixed to the notice board of the Panchayat Samiti. Such notice shall include, in the case of a special meeting, any motion or proposition mentioned in the written request made for such a meeting.

47. Meeting of a Zila Parishad Every Zila Parishad shall hold meetings at least once every three months, at such time and place within the local limits of the district concerned as the Zila Parishad may fix at the immediately preceding meeting:

[Provided that the first meeting after the election of the Pramukh and Up-Pramukh shall be held at the Zila Parishad Headquarters at such date and time as may be fixed by the Pramukh.]

Provided further that the Pramukh may, whenever he thinks fit, and when required in writing by one-third of the members of the Zila Parishad to call a meeting, do so within ten days; failing which, the competent authority may call a meeting after giving seven clear days’ notice to the members of the Zila Parishad.

48. Quorum and procedure. — (1) The quorum for a meeting of a Panchayati Raj Institution shall be one-third of the total number of members. If at the time appointed for the meeting, a quorum is not present, the presiding authority shall wait for thirty minutes, and if within such period there is no quorum, the presiding authority shall adjourn the meeting to such time on the following day or such future day as he may fix. He shall similarly, after waiting for thirty minutes, adjourn the meeting if, at any time after it has begun, attention is drawn to the lack of a quorum. A notice of the meeting so fixed shall be pasted in the office of the concerned Panchayati Raj Institution. The business that could not be considered at the meeting so postponed for lack of quorum shall be brought before and disposed of at the meeting so fixed, irrespective of whether there is or is not a quorum at such a meeting.

Save as otherwise provided by or under this Act, at every meeting of a Panchayati Raj Institution, the chairperson of the institution concerned or, in his absence, the deputy chairperson of such an institution shall preside, and in the absence of both, the members shall choose one from amongst themselves to preside for the occasion, provided such a member can read and write Hindi.

(2) All questions shall, unless otherwise expressly provided, be decided by a majority of the votes of the members present and voting. The chairperson, the deputy chairperson, or the person presiding, as the case may be, shall give his vote before declaring the number of votes for and against a question, and in the case of an equality of votes, he may give his casting vote.

(3) No member of a Panchayati Raj Institution shall vote on or take part in the discussion of any question coming up for consideration at a meeting of the Panchayati Raj Institution if the question is one in which, apart from its general application to the public, he has any pecuniary interest, and he shall not preside over the meeting when such a question comes up for consideration.

(4) If the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion and if a motion to that effect is carried, he shall not preside at the meeting during the such discussion, vote on it, or take part in it. Any member of the concerned Panchayati Raj Institution may be chosen to preside at the meeting during the continuance of such discussion.

(5) No resolution of a Panchayati Raj Institution shall be modified or canceled within six months after the passing thereof, except by a resolution passed by not less than two-thirds of the total number of members at an ordinary or special meeting.

(6) The proceedings of every meeting shall be recorded in the minute book immediately after the deliberations of the meeting and, after being read over by the presiding authority of the meeting, be signed by him. The action taken on the decisions of the meeting shall be reported at the next meeting of the Panchayati Raj Institution. The minute book shall always be kept in the office of the Panchayati Raj Institution. The minutes’ book shall not be taken outside the office under any circumstances. The Sarpanch in the case of a Panchayat, the Vikas Adhikari in the case of a Panchayat Samiti, and the Chief Executive Officer in the case of a Zila Parishad shall be the custodians of the minute book, respectively.

(7) A Panchayati Raj institution may require the presence of district-level government officers at its meetings. If it shall appear to a Panchayat Samiti or a Zila Parishad that the attendance of any such officer of the government having jurisdiction over an area of a district or less than a district and no one working under the Panchayat Samiti or the Zila Parishad is desirable at a meeting of the Panchayat Samiti or the Zila Parishad, the Vikas Adhikari or the Chief Executive Officer shall, by a letter addressed to such officer not less than fifteen days before the intended meeting, request that officer be present at the meeting unless prevented by sickness or other reasonable cause, attend the meeting:

Provided that such officer on receipt of such letter may if he for any of the causes aforesaid is unable to be present thereat himself, his deputy or another competent subordinate officer to represent him at the meeting.49. An Act of the Panchayati Raj Institution, not to be invalidated by vacancy or irregularity. No act of a Panchayati Raj Institution shall be deemed invalid by reason only of any vacancy in the office of the chairperson or deputy chairperson of such an institution or the number of members prescribed for such a Panchayati raj institution, or because of any defect, error, omission, or irregularity in the election or appointment of the chairpersons, the deputy chairpersons, or the members of such a Panchayati raj institution.

50. Functions and powers of Panchayat. — Subject to such conditions as may be specified by the Government from time to time, the Panchayat shall perform the functions and exercise the powers specified in the First Schedule.

51. Functions and powers of the Panchayat Samiti Subject to such conditions as may be specified by the government from time to time, the Panchayat Samiti shall perform the functions and exercise the powers specified in the Second Schedule.

52. Functions and powers of Zila Parishad. — Subject to such conditions as may be specified by the government from time to time, the Zila Parishad shall perform the functions and exercise the powers specified in the Third Schedule.

53. Assignment of functions to panchayats. — (l) The government may, by notification and subject to such conditions as may be specified in the such notification:

(a) transfer to any Panchayat the management and maintenance of a forest situated in the Panchayat area;

(b) makeover to the Panchayat: the management of waste, pasture lands, or vacant lands belonging to the government situated within the Panchayat area;

(c) entrust such other functions as may be prescribed:

Provided that when any transfer of the management and maintenance of a forest is made under Clause (a), the government shall direct that any amount required for such management and maintenance or an adequate portion of the income from such forest be placed at the disposal of the panchayat.

(2) The government may be notified and modify the functions assigned under this section.

54. Assignment of functions to a Panchayat Samiti or a Zila Parishad (1) The government may assign to a Panchayat Samiti or a Zila Parishad functions about any matters to which the executive authority of the state government extends or the functions that have been assigned to the state government by the central government.

(2) The state government may, by notification, withdraw or modify the functions assigned under this section.

55. General powers of the Panchayat Samiti or the Zila Parishad and their delegation. (1) The Panchayat Samiti or the Zila Parishad shall have the power to do all acts necessary for or incidental to the carrying out of the functions entrusted or delegated to it and, in particular, and without prejudice to the foregoing power, to exercise all powers specified under this Act.

(2) The Panchayat Samiti may, by resolution, delegate to the Vikas Adhikari or any other officer any of the powers conferred by or under this Act on a Panchayat Samiti.

(3) The Zila Parishad may, by resolution, delegate to the Chief Executive Officer or any other officer any of the powers conferred under this Act on a Zila Parishad.

[55A. Standing Committees of a Panchayat] (1) Every Panchayat shall constitute standing committees, one each for the following group of subjects, namely: –

(a) Administration and Establishment;

(b) Finance and Taxation

(c) development and production programs, including those relating to agriculture, animal husbandry, minor irrigation, cooperation, cottage industries, and other allied subject;

(d) education; and

(e) social services and social justice, including rural water supply, health, and sanitation, gram dan, communication, and the welfare of weaker sections and allied subjects.

(2) A Panchayat may constitute a sixth-standing committee for any of the subjects not enumerated in any group or groups mentioned in Sub-Section (1).

(3) The Standing committees shall be so constituted that each member finds a place in at least one such committee.

(4) Every Standing Committee shall consist of five members elected from amongst the elected member of the Panchayat in a prescribed manner.

(5) The Sarpanch shall be the ex-officio member and chairman of the Standing Committee for the group of subjects specified in clause (a) of Sub-Section (1) and the Chairperson of other Standing Committee shall be ex-officio members of the administration and establishment committee.

(6) The Up-Sarpanch if he is elected a member of any standing committee of which the Sarpanch is not a member shall, ex-officio, chairman thereof.

(7) The Chairman for every other standing committee of which there is no ex-officio Chairman shall be elected in the prescribed manner.

(8) A Standing committee, of which there is an ex-office or elected Chairman, shall, at each meeting thereof at which such Chairman does not attend, elect from amongst its members a Chairman for such meeting.

(9) Every standing committee shall, about the subject assigned to it, exercise such powers and perform such functions of the Panchayat as it may from time to time delegate to such Standing Committee.

(10) If a member of a Standing Committee absents himself, without the previous permission of the chairman thereof, from five consecutive meetings of the standing committee of which he had due notice, his seat on the standing committee shall be liable to be declared vacant:

Provided that, if the Chairman himself is so absent, he shall obtain the approval of the Sarpanch for such absence or, if the Chairman is himself the Sarpanch the approval of the Panchayat thereto shall be obtained.

(11) For Sub-Section (10) the member of the Standing Committee, who so absents, himself from such four consecutive meetings thereof, shall be served immediately after the termination of the fourth meeting with a notice specifying the particulars of the meetings which he failed to attend and informing him that, upon his failure to attend the next meeting his seat on the Standing Committee shall be declared vacant and if such member does not so attend the fifth meeting or does not show cause to the contrary, a declaration shall be made accordingly by the competent Authority.]

[56. Standing Committees of the Panchayat Samiti. — (1) Every Panchayat Samiti shall constitute five Standing Committees, one each for the groups of subjects specified in Sub-Section (1) of Section 55-A and may constitute a sixth committee for any of the subjects not specified in any groups of subjects as aforesaid.

(2) About the constitution, term of office, and conduct of the business of such committees and other cognate matters, the provisions of Section 55-A shall mutatis mutandis apply subject to the variation that for the expression “Sarpanch”, Up-Sarpanch, and” Panchayat” the expressions “Pradhan”, “Up-Pradhan and “Panchayat Samiti” shall respectively be substituted.]

[color. Standing Committees of the Zila Parishad. — (1) Every Zila Parishad shall constitute five Standing Committees, one each for the groups of subjects specified in Sub-Section (1), of Section 55-A, and may constitute in the sixth committee for any of the subjects not specified in any group or groups of subjects as aforesaid.

(2) About the constitution, term of office, and conduct of the business of such committees and other cognate matters, the provisions of Section 55-A shall mutatis mutandis apply subject to the variation that for the expressions “Sarpanch”, Up-Sarpanch, and “Panchayat” the expression “Pramukh”,” Up-Pramukh” and “Zila Parishad”

shall respectively be substituted.]

58. Powers to call for records from standing committees. — [A Panchayat, a Panchayat Samiti or, as the case may be, a Zila Parishad] at any time call or any document including extracts from the proceedings of the meetings of any Standing Committee and any return, statement account or report concerning or connected with any matter with which such Standing Committee has been authorized or directed to deal, and every such requisition shall be complied with by the standing committee.

59. Power to revise decisions of standing committees. — (1) [A Panchayat, a Panchayat Samiti or, as the case may be, a Zila Parishad] may, on an application made to it or otherwise, examine the record of any decision of its Standing Committee and may confirm, reverse, or modify such decision:

Provided that no action under this Sub-section shall be initiated after the expiration of three months from the date of the decisions sought to be revised.

(2) The order [the Panchayat, Panchayat Samiti or, as the case may be, the Zila Parishad] under Sub-Section (1), reversing or modifying a decision of its standing committee must be supported by a majority of not less than two-thirds of the total number of its members failing which the decision of the standing committee shall stand.

60. Meetings of the Standing Committee. — Regarding the conduct of business at its meetings, a standing committee will follow such procedure as may be prescribed for the conduct of such meetings.

[60A. Vigilance Committee. — (1) The State Government may constitute a vigilance committee for each Panchayat Samiti area and each Zila Parishad area and such committees shall consist of five members out of which three members shall be elected representatives of the respective Panchayati Raj Institution.

(2) The Vigilance committee constituted under Sub-Section (1) shall supervise the works, schemes, and other activities of the concerned Panchayati Raj Institution.

(3) The vigilance committee shall submit its report to the Chairpersons of the concerned Panchayati Raj Institution.]

61. Appeals from orders of Panchayats. — (1) Any persons aggrieved by any order or direction of a Panchayat made or issued under this Act or any rule or bye-law made thereunder may appeal from such order or direction to the Panchayat Samiti having jurisdiction within thirty days from the date of such order or direction, exclusive of the time requisite for obtaining a copy thereof.

(2) An appeal under Sub-Section (1) shall be heard by the Standing Committee of the Panchayat Samiti constituted under Clause (a) of sub-Section (1) of Section 56.

(3) The standing committee referred to in sub-Section (2) may after hearing the persons aggrieved, the Panchayat and any other person affected by the order or direction appealed against vary, set aside or confirm such order or direction and may also award costs to or against the persons filing the appeal.

(4) The decision of the Standing Committee shall for the purposes be deemed to be the decision of the Panchayat Samiti.

62. Power of Panchayat to impose a penalty. — If a Panchayat is satisfied that a person has disobeyed a general or special order passed by the Panchayat, it may direct that such person shall pay, by way of penalty, a sum which may extend to two hundred rupees and, in the case of the disobedience being a continuing one, a further rum which may extend to ten rupees for every day after the first day, during which the disobedience continues.

63. Power to acquire, hold and dispose of properties. — (1) A Panchayati Raj Institution shall have the power to acquire, hold and dispose of property and to enter into contracts:

Provided that in all cases of acquisition or disposal of immovable property, the concerned Panchayati Raj Institution shall obtain the previous approval of the State Government.

(2) All roads, buildings, or other works constructed by a Panchayati Raj Institution with its funds shall vest in it.

(3) The State Government may allocate to a Panchayati Raj Institution any public property situated within the jurisdiction of such Panchayati Raj Institution and thereupon such property shall vest in and under the control of such Panchayati Raj Institution.

(4) Where a Panchayati Raj Institution requires land to carry out any of the Purposes of this Act, it may negotiate with the person or persons having an interest in the said land, or it may take an application to the State Government or officer authorized in this behalf for the acquisition of the land, who may, if he is satisfied that the land is required for a public purpose, take steps to acquire the land under the provisions of the land Acquisition Act, 1894 (Central No. 1 of 1894) and such land shall, on acquisition vest in the concerned Panchayati Raj Institution.

64. Funds. — (1) For every Panchayati Raj Institution, there shall be constituted a fund bearing the name of the concerned Panchayati Raj Institution and there shall be placed to the credit thereof:

(a) contributions and grants, if any, made by the Central or the State Government including such part of the land revenue collected in the State as may be determined by the Government;

(b) share of taxes or other revenues as approved by the State Finance Commission;

(c) contribution and grants, if any, made by any local authority;

(d) loan, if any granted by the Central or the State Government or raised by the Panchayati Raj Institution concerned;

(e) all receipts on account of tolls, taxes, and fees levied by the concerned Panchayati Raj Institution;

(f) all receipts in respect of any school, hospitals, dispensaries, buildings institutions, or works vested in, constructed by, or placed under the control and management of the concerned Panchayati Raj Institution;

(g) all sums received as gift or contribution and all income from any trust or endowment made in favor of the concerned Panchayati Raj Institution;

(h) all fines or penalties imposed and realized under the provisions of this Act or the bye-laws made there under; and

(i) all other sums received by or on behalf of the concerned Panchayati Raj Institution.

(2) Every Panchayati Raj Institution shall set apart and apply annually such sums as may be required to meet the cost of its administration, including the payment of salary, allowance, provident fund, and gratuity to the officers and employees. The total expenditure on establishment shall not exceed thirty percent of the total expenditure of the concerned Panchayati Raj Institution:

Provided that repayment of loans shall be provided by the Panchayati Raj Institution concerned with it in Annual Budget estimates.

[Provided further that the ceiling of thirty percent expenditure on establishment may be relaxed by the State Government in specific schemes or programs.]

(3) A Panchayati Raj Institution shall power to spend such sums as it thinks fit for carrying out the purpose of this Act and may determine the amount of imprest to be kept to defray current expenses.

[(4) The Panchayati Raj Institution Fund shall be vested in the concerned Panchayati Raj Institution and the balance of the credit of the Fund shall be kept in a personal deposit account in the nearest Treasury/Sub treasury, Post office, or branch of any scheduled Bank.]

(5) Subject to such general control as the Panchayat Samiti or Zila Parishad may exercise from time to time all orders and cheques for payments from the Panchayat Samiti or Zila Parishad Funds, shall be signed by the Vikas Adhikari or Chief Executive Officer respectively and in his absence by an officer authorized by the Panchayat Samiti of Zila Parishad

Provided that all such orders and cheques of Panchayat or Zila Parishad for an amount exceeding Rs. 20,000. – shall be countersigned by the Pradhan or Pramukh as the case may be and, in the case of a Panchayat all withdrawals will be with joint signatures of Sarpanch and Secretary.

65. Taxes that may be imposed by a Panchayat. — (1) Subject to the rules and any orders made by State Government on this behalf a Panchayat may impose one or more of the following taxes, namely:-

(a) a tax on a building owned by persons not exceeding such rate as may be prescribed;

(b) an octroi on animals or goods brought within the Panchayat Circle for consumption or use therein;

(c) vehicle tax except on those which are used for cultivation;

(d) pilgrim tax;

(e) a tax for arranging the supply of drinking water within the Panchayat Circle;

(f) a tax on commercial crops;

(g) any other tax which the State Legislature has under the Constitution, power to impose in the State, and which has been sanctioned by the Government.

(2) The taxes under Sub-Section (1), shall be imposed assessed, and raised in such manner and paid or realized at such times as may be prescribed.

(3) The State Government may, by notification in the Official Gazette, require any Panchayat to impose, subject to the provisions of Sub-Section (2), any of the taxes specified in Sub-Section (1) from such date and at such rates, as may be specified in the notification.

(4) While any notification under Sub-Section (3), is in force, the Panchayat shall proceed to impose the tax or taxes therein specified as if a resolution of the Panchayat had been passed for the imposition thereof, and it shall not be lawful for it to abandon, modify or abolish any tax so imposed:

Provided that the State Government may at any time cancel any such requisition or modify it in any respect:

Provided further that when any tax has been imposed upon the requisition of the State Government under Sub-Section (3), any other tax of like nature previously imposed by the Panchayat without such requisition shall cease to be levied and realized from the date from which the tax imposed upon the said requisition is to be levied and realized:

Provided further that the tax under Clause (c) of Sub-Section (1) shall not be levied on a motor vehicle as defined in the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988) or any other mechanically propelled vehicle.

Explanation. — For this section “Commercial Crops” are chilies, cotton, mustard, sugarcane zeera, and ground nut.

66. Special tax for community service. — A Panchayat may impose a special tax on the adult male members of the Panchayat area for the construction of any public work of general utility for inhabitants of the said area:

Provided that it may exempt any member from Payment of this tax instead of doing voluntary labor or having it done by another person on his behalf.

67. Power of Panchayat to charge fees. — A Panchayat may charge fees for any license or permission granted or given by it for making any temporary erection or for putting up any projection or for the temporary occupation of any public or other land vested in the Panchayat or for any service rendered by it or in respect of any duty performed by it under the provisions of this Act.

(2) Such fees shall be charged at such rates and in such manner as may be provided for in any rules made under this Act or in bye-laws by the Panchayat, and it shall be lawful for the Panchayat to lease the levy of any such fees by public auction.

68. Powers of Panchayat Samiti to impose taxes. — (1) A Panchayat Samiti may impose and levy in the prescribed manner a tax on the rent payable for the use or occupation of agriculture land, at the rate of fifty paise in a rupee of such rent, such tax is payable by the person or persons severally or jointly in cultivator possession of such land or in respect of any income therefrom.

(2) Subject to the provision of Art. 276 of the Constitution of India and to any general or special orders of the State Government, a Panchayat Samiti may also impose and levy in a prescribed manner all or any of the following taxes, namely: –

(a) a tax on such trades, callings, professions, and industries as may be prescribed;

(b) a primary education cess; and

(c) a tax in respect of Panchayat Samiti fairs held within the limits of its jurisdiction.

69. Power of a Zila Parishad to impose taxes and fees. — Subject to such maximum rates as the Government may prescribe, a Zila Parishad may levy:-

(a) a fee for a license for a fair or mela;

(b) water rate, where management for the supply of water for drinking, irrigation, or any purpose is made by the Zila Parishad within its jurisdiction.

(c) surcharge—(i) up to five percent on stamp duty on the sale of property in rural areas; and

(ii) up to a half percent on the market fees referred to in Section 17 of the Rajasthan Agriculture Produce Market Act, 1961 (Rajasthan Act No. 38 of 1961)

70. Taxes and fees recoverable as arrears of land revenue. — All arrears of cesses, taxes duties, and fees leviable by a Panchayat, Panchayat Samiti, or Zila Parishad under this Act or of loans granted by them [or any sum due against or recoverable from any Member/Chairperson/Deputy Chairperson/ any official of a Panchayati Raj Institution owing to lapse, defalcation by him or otherwise due from him out of funds of the Panchayati Raj Institution] shall be recoverable as arrears of land revenue.

71. Appeal from assessment. — (1) Any persons aggrieved by the assessment, levy, or imposition of any tax or fees under this Act may appeal therefrom to the competent authority.

(2) An appeal under Sub-Section (1), may be preferred within ninety days from the date of the assessment, levy, or imposition appealed from and the decision of the competent authority thereon shall be final.

72. Power to suspend levy. — The State Government may suspend the levy or imposition of any tax or fee and may at any time rescind such suspension.

73. Power to State Government to require an increase in income. — If in the opinion of the State Government, the income of a Panchayat, a Panchayat Samiti, or a Zila Parishad falls below what is necessary for the proper discharge of its duties under this Act, the State Government may require the Panchayat, the Panchayat Samiti or the Zila Parishad to take steps within such period, not being less than six months, as may be specified in the requisition to increase in its increase income to such extent as the State Government considers necessary.

74. Annual Budget. – (1) The sarpanch or as the case may be, the Vikas Adhikari or the Chief Executive Officer shall, before the prescribed date in each year, frame and place before the Panchayat, Panchayat Samiti or Zila Parishad respectively, a competing for the account of the actual receipts and expenditure upto a prescribed, date and expected receipts and expenditure for the financial year ending on 31st March, following together with budget estimates of the income, expenditure and other receipts of the concerned Panchayati Raj Institution for the financial year to commence on the first day of April next following.

(2) The concerned Panchayati Raj Institution shall thereupon decide upon the appropriations and the ways and means contained in the budget estimates.

(3) In such estimates, the concerned Panchayati Raj Institution shall among other things: –

(a) make adequate and suitable provision for such services as may be required for the fulfillment of the several duties imposed on the concerned Panchayati Raj Institution by this Act or any other law;

(b) provide for the payments, as they fall due, of all installments of principal and interest for which the concerned Panchayati Raj Institution may be liable in respect of loans contracted by it;

(c) allow for a balance at the end of the said years of not less than such sum as may, from time to time, be fixed by the State Government.

(4) The budget estimate as finally passed by the Panchayat shall be submitted to the Vikas Adhikari and those of the Panchayat Samiti to the Chief Executive Officer and of the Zila Parishad to the [Director, Rural Development and Panchayati Raj] on or before such date as may be prescribed who shall, after scrutiny, place the same with his comments before the Panchayat Samiti or the Zila Parishad or the State Government as the case may be, within the prescribed time for sanction. If the sanctioning authority is satisfied that adequate provision has not been made in the budget estimates to give effect to the provisions of this Act, it shall have the power to suggest such modifications as may be necessary to serve such Provision and return to the concerned Panchayati Raj Institution with its observations regarding the modifications to be made therein. The concerned Panchayati Raj Institution shall consider such observations and pass the budget with such modifications as it deems fit:

Provided that, if the sanctioning authority fails to return the budget to the concerned Panchayati Raj Institution within the time prescribed on this behalf, the concerned Panchayati Raj Institution may incur the expenditure on committed items and other items of expenditure for which the concerned Panchayati Raj Institution has or will raise its resources subject to the programs to be taken up conforming with the priorities assigned to the various programs in the State Plan:

Provided further that no expenditure shall be incurred by a Panchayati Raj Institution on any items of expenditure for which a matching grant is to be obtained till the budget is returned by the sanctioning authority.

(5) If, in a year, a Panchayati Raj Institution finds it necessary to make any alterations in the budget about its receipt or the distribution of the amount to be expended for this Act, a supplementary or revised budget may be framed, passed, submitted and modified in the manner provided in Sub-secs. (1), (2), and (4).

75. Accounts and audit. — (1) A Panchayati Raj Institution shall keep such accounts and submit such statements to such authorities as may be prescribed.

(2) Accounts of receipt and expenditure of every Panchayati Raj Institution shall be maintained for every financial year in such form as may be prescribed.

(3) An abstract of the annual accounts of a Panchayati Raj Institution showing its income under each had or receipt, the charges for the establishment works undertaken, the sum expended on each work, the balance, if any, remaining unexpended and such other information as may be required by rules, shall be prepared and finalized in the prescribed manner.

(4) All accounts kept and maintained by a Panchayati Raj Institution shall be audited, as soon as may be after the end of each financial year, by the Director, Local Fund Audit for the State and the provisions of the Rajasthan Local Fund Audit Act, 1954 (Rajasthan Act 28 of 1954) shall apply:

Provided that the Comptroller and Auditor General of India may also carry out a [audit of such accounts and such audit report shall be laid before the State Legislature by the State Government.]

(5) The concerned Panchayati Raj Institution shall pay, out of its fund, such sum as may be determined by the State Government by way of charges for such audit.

76. Loans and sinking funds. — (1) Panchayati Raj Institution may, subject to the provisions of any law relating to the raising of loans by the local authority for the time being in force, raise from time to time with the approval of the State Government loans for the purposes of this Act and create a sinking fund for the repayment of such loans.

(2) A Panchayati Raj Institution may borrow money from the Government or, with the previous sanction of the Government, from banks or other financial institutions, for the furtherance of its objectives based on specific schemes drawn up by such Panchayati Raj Institution for the purpose.

77. Power to grant loans. — A Panchayati Raj Institution may out of its fund grant loans for the furtherance of its activities to such persons, institutions, or societies and, subject to such terms and conditions, as may be prescribed.

78. Appointment of Secretary [***] and other staff. — (1) Subject to the provisions of this Act and rules made thereunder—(a) there shall be for every Panchayat a Secretary [xxx] who shall be appointed in the prescribed manner,

(b) every Panchayat may, with the previous approval of the Panchayat Samiti, appoint such other staff as may be necessary for carrying out the duties imposed on it by or under this Act on such conditions of service as may be prescribed.

(2) It shall be the duty of the Secretary of every Panchayat [***], subject to the control of the Sarpanch-

(a) to keep the records and registers of the Panchayat in his custody;

(b) to issue receipts under his signature for sums of money received on behalf of the Panchayat;

(c) to be responsible for maintaining the accounts of the Panchayat Fund;

(d) to be responsible for the safe custody of the Panchayat Fund;

(e) to prepare all statements and reports required by or under this Act or rules made thereunder;

(f) to make all payments as may be sanctioned by the Panchayat;

(g) to perform such other functions and duties as may be prescribed or delegated under this Act or rules made thereunder.

79. Vikas Adhikari and other Officers. — (1) The State Government shall appoint for each Panchayat Samiti a Vikas Adhikari [a Block Elementary Education Officer] and such other Extension Officers, as well as Accountants and Junior Accountants as it may consider necessary.

(2) The Vikas Adhikari, Extension Officers, Accountant, and Junior Accountant appointed under Sub-Section (1) shall be—(a) either person encadred in a State Service or a person holding posts under the State Government;

(b) regarded as being on deputation to the Panchayat Samiti on such terms and conditions as may be prescribed; and

(c) liable to transfer by the State Government.

80. Staff of Panchayat Samiti. — (1) The State Government shall fix the strength of each category of posts other than those referred to in Section 79 which it may consider necessary for each Panchayat Samiti and shall prescribe the scales of pay and allowances and other conditions of service of the persons appointed to such posts.

(2) With the prior approval of the State Government, every Panchayat Samiti may, if it thinks necessary, create additional posts of each such category carrying the same scales of pay of the allowance and other conditions of service as are prescribed under Sub-Section (1).

(3) Appointments to post in Class IV Services fixed under Sub-Section (1) or created under Sub-Section (2) shall be made by Vikas Adhikari in the prescribed manner.

(4) Appointments to other posts fixed under Sub-Section (1) or created under Sub-Section (2) shall be made by the Panchayat Samiti in the prescribed manner from out of persons selected for the Rajasthan Panchayat Samiti and Zila Parishad Service constituted under Section 89.

81. Powers and functions of the Vikas Adhikari. — (1) The Vikas Adhikari shall—(a) issue notices under instructions from the Pradhan and the Chairman of Standing Committees, for meetings of the Panchayat Samiti and the Standing Committees thereof;

(b) attend all such meetings and record and maintain the minutes thereof;

(c) participate in the deliberations at such meetings; and

(d) draw and disburse money out of the Panchayat Samiti fund:

Provided that the Pradhan may, for reasons to be recorded in writing stop such payment and place the matter before the Panchayat Samiti or the Standing Committee concerned; and

(e) exercise such other powers and perform such other functions are conferred or imposed on him by or under this Act or as may be delegated to him.

(2) If Vikas Adhikari is unable to attend any meeting of the Panchayat Samiti or a Standing Committee thereof, the senior most officer subordinate to him who may be present at the place of the meeting, shall attend such meeting.

[81-A Powers and functions of Block Elementary Education Officer. — The Block Elementary Officer shall—(a) act as an officer in charge of elementary education for the Panchayat Samiti; and

(b) exercise such other powers and perform such other functions as are conferred upon, or assigned to him by the State Government.]

82. Chief Executive Officer and other Officers. — (1) An Officer of the Indian Administrative Service or Rajasthan Administrative Service [or a project Director specially selected by the Rural Development Department] shall be the Chief Executive Officer of the Zila Parishad who shall be appointed by the Government. Wise, the Government may appoint an Additional Chief Executive Officer for a Zila Parishad on such terms and conditions as may be prescribed.

[Explanation. #NAME? Officer.]

(2) The Government shall also appoint a Chief Account Officer, [A District Elementary Education Officer], and a Chief Planning Officer for each Zila Parishad.

(3) The Government shall post from time to time in every Zila Parishad such number of its officers as the Government considers necessary.

(4) Notwithstanding anything contained in this Act or any other law for the time being in force, the Government or any other officer of other authority authorized by it on this behalf shall have the power to effect the transfer of the officers and officials so posted from one district to another.

83. Staff of Zila Parishad. — The provisions of Section 80 shall apply to the staff of a Zila Parishad subject to the variation that for the expressions “Section 79”, “Panchayat Samiti” and “Vikas Adhikari” occurring therein, the expressions “Section 82”, “Zila Parishad” and “Chief Executive Officer” shall respectively be substituted.

84. Power and functions of the Chief Executive Officer and other officers. — (1) Save as otherwise expressly provided by or under this Act, the Chief Executive Officer shall—(a) carry out the policies, decisions, and directions of the Zila Parishad, and take necessary measures for the speedy execution of all works and development schemes of the Zila Parishad;

(b) discharge the duties imposed upon him by or under this Act or the rules and regulations made thereunder;

(c) control the officers and servants of the Zila Parishad subject to the general superintendence and control of the Zila Parishad and such rules as may be made;

(d) have custody of all papers and documents relating to the Zila Parishad; and

(e) draw the disbursement money out of the Zila Parishad funds and exercise such other powers and perform such other functions as may be prescribed.

(2) The Chief Executive officer shall under instructions of Pramukh issue notice the attend every meeting of the Zila Parishad and standing committees and may take part in the discussion, but shall not have the right to move any resolution or to vote. If in the opinion, of the Chief Executive Officer any proposal before the Zila Parishad is violative of or inconsistent with the provisions of this Act or any other law or the rules or order made thereunder or instructions issued by the State Government, it shall be his duty to bring the same to the notice the of the Zila Parishad.

(3) The Chief Executive Officer shall within fifteen days from the date of the meeting of the Zila Parishad or of its committees submit to the Government every resolution of the Zila Parishad or any of its committees which in his opinion is inconsistent with the provisions of this Act or any other law, and he shall not implement such resolution otherwise than as directed by the Government.

(4) The Chief Executive Officer may enter on and inspect—(a) any immovable property or any work in progress under the control of any Panchayat or Panchayat Samiti;

(b) any school, hospital, dispensary, vaccination station, poultry farm, or other institutions, maintained by or under the control of any Panchayat or Panchayat Samiti and any records, registers, or other documents kept in such institution; and

(c) the office of any Panchayat or Panchayat Samiti and any records registers or other documents kept therein.

(5) The Panchayat or Panchayat Samiti shall be bound to afford to the Chief Executive Officer such access at all reasonable times to its property or premises and to all documents as may, in the opinion, be necessary be enabled him to discharge his duties under Sub-Section (4).

(6) The Chief Accounts Officer shall advise the Zila Parishad in matters of financial policy and shall be responsible for all matters relating to the accounts of the Zila Parishad including the preparation of annual accounts and the budget.

(7) The Chief Accounts Officer shall ensure that no expenditure is incurred except under proper sanction and by this Act and the rules and regulations thereunder, and shall disallow any expenditure not warranted by this Act or rules and regulations or for which no provision is made in the budget.

(8) The Additional Chief Executive Officer shall assist the Chief Executive Officer in performing his Duties.

(9) The Chief Planning Officer shall advise the Zila Parishad in matters of plan formulation and shall be responsible for all matters relating to the planning of the Zila Parishad including the preparation of plans of economic development and social justice and annual plan of the district.

[(10) The District Elementary Education Officer shall act as an officer in charge of elementary education for Zila Parishad and exercise such other powers and perform such other functions as are conferred upon, or assigned to him by the State Government.]

85. Emergency power of Vikas Adhikari and Chief Executive Officer. — The Vikas Adhikari in the absence of the Pradhan and the Chief Executive Officer in the absence of the Pramukh from the headquarters may in case of emergencies such as fire, flood, epidemic, or the like, direct the execution of any work or the doing of any act which would ordinarily require the sanction of the Panchayati Raj Institution concerned or of a Standing Committee thereof and the execution or the doing of which is, in his opinion necessary for the welfare or safety of the public or prevention of property damage and may also direct that the expenses of executing such work on doing such act shall be paid from the Fund of the Panchayati Raj Institution concerned. In every such case, he shall forthwith report the action taken and the reasons therefore to the authority competent to sanction such work or the doing of such act.

86. Power of the Government Officers. — All gazetted officers of the State Government shall be entitled to attend the meetings of the Panchayat Samiti or Zila Parishad and their Standing Committees and to participate in the deliberations of such meetings relating to matters concerning their department.

87. Execution of works and programs by Panchayat Samiti or Zila Parishad through Panchayat. — Notwithstanding anything contained in any other provisions of this Act, any programs that a Panchayat Samiti or Zila Parishad decides to carry out for the benefit of anyone Panchayat circle, shall be the responsibility of and shall be carried out or executed as the case may be, through the agency of the Panchayat of that Panchayat circle.

88. Right to requisition records. — (1) Every person in possession of money, accounts, records, or other property about a Panchayati Raj Institution shall, on the requisition in writing of the Chief Executive Officer for this purpose, forthwith hand over such money or deliver up such accounts, records, or other property to the Chief Executive Officer or the persons authorized in the requisition to receive the same.

(2) The Chief Executive Officer may also take steps to recover any money due from any such person in the same manner and subject to the same provisions as in the Rajasthan Land Revenue Act for the recovery of the arrears or land revenue from defaulters and or the purpose of recovering the accounts, records or other property appertaining to a Panchayati Raj Institution may issue a search warrant and exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1973, (Central Act 2 of 1974).

(3) Every person knowing where any money, accounts, record, or other property appertaining to a Panchayati Raj Institution are concealed shall be bound to give information of the same to the Chief Executive Officer.

(4) An appeal shall lie from an order of the Chief Executive Officer under this section to the State Government.

89. Constitution of the Rajasthan Panchayat Samiti and Zila Parishad Service. — (1) There shall be constituted for the State Service designated as the Rajasthan Panchayat Samiti and Zila Parishad Service and hereafter in this section referred to as the service and recruitment thereto shall be made district-wise:

[Provided that selection for the posts [specified in clauses (i), (iii), and (iv)] of sub-Section (2) shall be made at the State level.]

[XXX]

(2) The Service may be divided into different categories, the such category being divided into different grades, and shall consist of—(i) “Gram Vikas Adhikari”

(ii) deleted (No. F. 2(38) Vidhi/ 2/ 2020)

(iii) [Primary and Upper Primary School] Teachers; [***]

(iv) ministerial establishment may (except Accountants and Junior Accountants) [; and]

[(v) Prabodhak and Senior Prabodhak.]

(3) The State Government cadre in the service any other category or grades of officers and employees of Panchayat Samities and Zilla parishads and not included in Class IV Services.

(4) The State Government may prescribe the duties, functions, and power of each grade and each category of officers and employees encadred in the service.

(5) All appointed to posts in the service shall be made-

(a) by direct recruitment; or

(b) By promotion; or

(c) by transfer.

(6) Appointment by direct recruitment [to the posts specified in clause (ii) of sub-Section (2)] and to the posts encoded under sub-Section (3)] [XXX] Shall be made by a Panchayat Samiti or Zila Parishad, as the case may be, by the rules made in this behalf by the State Government form out of the persons selected for the posts in a grade or category in the district by the District Establishment Committee referred to in Sub-section (1) Section 90.

[XXX.]

[(6A) Appointment by direct recruitment to the posts specified in clauses (i) and (iv) of sub-Section (2) shall be made by a Panchayat Samiti or Zila Parishad, as the case may be, by the rules made in this behalf by the State Government, from out of the persons selected for the posts by Rajasthan Subordinate and Ministerial Services Selection Board in such manner as may be prescribed.]

[(6AA)] Appointment by direct recruitment to the posts specified in clause (iii) of sub-Section (2) shall be made by a Panchayat Samiti or Zila Parishad, as the case may be, by the rules made on this behalf by the State Government, from out of the persons selected for the posts by such agency in such manner as may be prescribed.]

[(6B. Appointed to the posts specified in clause (v) of Sub-section (2) Shall be made by an additional Chief Executive Office-cum-District Education officer (Elementary-Education) of the District concerned by the rules made on this behalf by the State Government, from out of persons selected for the posts by the recruitment committee constituted by the Government by the rules made by the State Government in this Behalf:

Provide in case of the posts reserved for windows and divorce women Selection shall be made in such manner and by such screening committee as may be prescribed by the State Government.]

(7) The appointing authority may, so long as selection is not made by the District Establishment committee or the selected person are not available for appointment, make appointments in the prescribed manner temporarily for a period not exceeding six months and the said may be extended only after consultation with the District Establishment Committee:

[Provided that no appointment temporarily shall be made on the posts specified in clause (iii) of Sub-section (2).]

(8) Appointments by-

(i) Promotion shall be made by the Panchayat Samiti or the Zila Parishad, as the case may be, in the prescribed manner to form amongst the persons whose names have been entered in the list prepared by the District Establishment committee; and

(ii) transfer shall be made after consultation with the Pradhans or the Pramukhs, as the case may be of the Panchayat Samitis or the Zila Parishad from and to which such transfer is proposed to be made.

[(8A. Notwithstanding anything contained in Sub-section (8), the State Government may transfer any member of the Service [from any place of posting to any other place of posting whether within the same Panchayat Samiti or] from one Panchayat Samiti to another Panchayat Samiti, whether within the same district or outside it form one Zila Parishad to another Zila Parishad, or from a Panchayat Samiti to a Zila Parishad or from a Zila Parishad to a Panchayat Samiti and may also stay the operation of, or cancel, any order of transfer made under Sub-section (8), or the rules made thereunder.]

(9) Persons holding posts encadred in the service shall also be eligible for appointments or promotion to posts in a State Service or under the State Government by the rules made on that behalf by the State Government and subject to terms and conditions laid down in such rules, and the persons so appointed or promoted shall count the period of their holding posts in the service constituted under this section for the purpose of seniority and pension.

(10) Persons holding an appointment in a State Service shall also be eligible for appointment by transfer to a post encadred in the Service constituted under this section by rules made on this behalf by the State Government and on terms and conditions laid down in those rules.

(11) Every person holding a post encadred in the service constituted under this section shall be entitled to the payment of a pension by the State Government out of the consolidated fund of the State by the rules made by it on that behalf.

90. Constitution and functions of the District Establishment Committee. — (1) For each district, there shall be a District Establishment Committee consisting of the following—(i) Zila Pramukh, as the Chairman;

(ii) Chief Executive Officer; and

(iii) [District Elementary Education Officer] (where the matter before the said committee relates to the appointment of, or disciplinary proceedings against, a teacher of a primary school); and

(iv) An officer nominated by the competent authority.

(2) The District Establishment Committee shall—(a) make a selection of the posts in different grades and categories [except the posts specified in clauses (i), (iii), (iv), and (v) of Sub-Section (2) of Section 89] existing in the service in the Panchayat Samiti and the Zila Parishad in the District by the rules made by the state government in this behalf;

(b) regulate the mode of temporary appointment and recommend the names of persons for extending such appointments beyond six months;

(c) prepare lists of persons for promotion in a prescribed manner; and

(d) advise the Panchayat Samitis of the district and Zila Parishad on all disciplinary matters affecting the officers and other employees thereof other than those referred to in Secs. 79 and 82, which may arise under Section 91.

91. Disciplinary proceedings against and punishments inflicted on the staff of Panchayat Samitis and Zila Parishads. — (1) The conduct of disciplinary proceedings that may be started against, and the punishments that may be inflicted in such proceedings on, the officers and servants of Panchayat Samitis and Zila Parishads other than officers, referred to in Sections 79 and 82 shall be governed and regulated by rules made by the State Government in this behalf.

(2) Subject to such rules—(a) all or any of the prescribed punishments may be inflicted on all persons holding posts in Class IV Services—(i) by the Vikas Adhikari of a Panchayat Samiti, if such persons are servants of that Panchayat Samiti; [***]

(ii) by the Chief Executive Officer of a Zila Parishad, if they are servants of that Zila Parishad; [***]

[(iii) where such services are in connection with elementary education and such services are under the control of the Panchayat Samiti, by the Block Elementary Education Officer of the Panchayat Samiti; and

(iv) where such services are in connection with elementary education and such services are under the control of the Zila Parishad, by the District Elementary Education officer; and]

(b) the punishment of censure or with-holding of increment or promotion may with the approval of the Chairperson of the concerned Panchayati Raj Institutions be inflicted on all persons holding appointments to posts encoded in the services constituted under Section 89

(i) by the Vikas Adhikari of a Panchayat Samiti, if such persons hold their appointment under the Panchayat Samiti; and

(ii) by the Chief Executive Officer of the Zila Parishad, if they hold their appointment under that Zila Parishad.

(3) All other prescribed punishments may be inflicted on the persons holding appointments on the posts encoded in the Service in a Panchayat Samiti or Zila Parishad by the District Establishment Committee.

(4) An appeal may be preferred—(a) against an order made by the [Vikas Adhikari/Block Elementary Education Officer of the Panchayat Samiti or the Chief Executive Officer/ District Elementary Education Officer.] of the Zila Parishad to the District Establishment Committee constituted under Section 90; and

(b) against an order made by the District Establishment Committee under Sub-Section (3) to the State Government.

(5) An appeal may be preferred under Sub-Section (4) within 90 days from the date of the order appealed, and the time for obtaining a copy of such order shall be excluded from the said period.

[91A. Disciplinary powers of District Programme Co-Ordinator and Programme Officer. — (1) Notwithstanding anything contained in this Act or any other law for the time being in force—(a) in the case of all the officers and servants, other than the Chief Executive Officer, of a Panchayati Raj Institution, whether appointed by such Panchayati Raj Institution or the State Government, the District Program Coordinator and

(b) in the case of all the officers and servants other than the officers referred to in Section 79, of a Panchayati Raj Institution at the block and village level, the program officer.

Shall have the power to conduct disciplinary proceedings against, and to inflict punishment on, such officers and servants in respect of the misconduct committed by such officers or servants in connection with the duties and functions assigned to them under the Mahatma Gandhi National Rural Employment Guarantee Scheme or under any other scheme of the Central Government or the State Government:

Provided that no person shall be dismissed or removed from service in the exercise of the powers under this subsection unless the authority exercising power under this subsection is appointing authority of the such person.

(2) Subject to the provisions of sub-Section (1), Rules 13, 14, 16, 17, and 18 of the Rajasthan Civil Services (Classification, Control, and Appeal) Rules, 1958, as amended from time to time, shall apply to the disciplinary proceedings and punishment under this section with such modification as may be necessary including the modification that references to appointing authority or disciplinary authority therein shall be construed as including a reference to the District Program Coordinator and the Program Officer.

(3) An appeal may be preferred-

(a) against an order made by the Program Officer to the District Program Coordinator, and

(b) against an order made by the District Program Coordinator to the State Government.

(4) An appeal may be preferred under sub-Section (3) within ninety days from the date of the order appealed against, and the time taken for obtaining a copy of such order shall be excluded from the said period.

(5) Every order made by the District Programed Coordinator or the Programed Officer shall be endorsed and communicated immediately to the appointing authority and to the officer to whom the officer or servant, against whom the order is made, is subordinate and such superior officer shall be bound to execute such order.

(6) For the removal of doubts it is hereby clarified that nothing in this section shall be construed as diminishing the powers of any other disciplinary authority under this Act or any other law for the time being in force, however, if any action has been initiated or taken against any officer or servant under this section, no action shall be initiated or taken by any other authority based on same facts or conduct.

Explanation. — For this section—(i) “District Program Coordinator” means the District Program Coordinator as defined in. The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Central Act No. 42 of 2005) and including an officer designated as such in or under any scheme of the Central Government or the State Government.

(ii) “Program Officer” means the Program Officer as defined in the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Central Act No. 42 of 2005) and includes any officer designated as such in or under any scheme of the Central Government or the State Government.

(iii) “Mahatma Gandhi National Rural Employment Guarantee Scheme” means the Scheme notified by the State Government under sub-Section (1) of Section 4 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Central Act No. 42 of 2005).”]

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राजस्थान पंचायती राज अधिनियम 1994 (English)
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