GOVERNMENT OF BIHAR LAW (LEGISLATIVE) DEPARTMENT [COPE SEOTIONf Bihar Panchayat Samitis and Zila Parishads Act. 1961 [BIHAR ACT VI OF 1962] modified upto the 20th June, 1970] NIEPA G0262 PRINTED BY THE SUPERINTENDENT SECRETARIAT PRESS. BIHAR. PATNA 1970 Price—Ee. 0.80 only.] 11 LIST OF AGENTS FOR THE YEAR 1970 (1) Messrs. Etwari Sahu & Sons, Maheiidru, Patna-6. (2) Messrs. Chaudhary & Sons, Law Book Sellers and Publishers, P. O. Mahendru, Patna-6. (3) Messrs. Western Liiw House, OM-Niwas, Opp. Amar Hotel, Fraser Road, Patna-1. (4) Messrs. Motilal Banarsidas, Book Seller, Bankipur, Patna. (5) Messrs. Pahuja Brothers, Law Book Sellers and Publishers, Patna-6, (only for Patna High Court Compound). (6) Messrs. Laxmi Trading Co., Padri-Ki-Haveli, Patna City. (7) Messrs. Pustak Mahal, Ranchi. (8) Messrs. Paper Stationery Stores, D. N. Singh Road, P. O. Bhagal pur-2. (9) Messrs. Raj Kamal Prakashan (Pvt.) Ltd., Patna-6. (10) Messrs. Bengal Law House, Chowhatta, Patna-4. (11) Messrs. Bias Bijaya Press, Jail Road, Arrah. M b. Nalicnal Syeteto* Unlfc I- Educationtl 0 C 0 X>OC.No... ^ t > t e ............................................. MST^OP AMENDING AOIB. 1. Bihar Panohayat Samitis and Zila Parii^ads (Amendment) Act, 1964 (Bihar Act IV of 1964). 2. The Bihar Panohayat Samitis and Zila Pariahads (Amendment) Act, 1970 (President Act no. I of 1970). LIST OF ABBREVIATIONS tfSJJD. Amendment. jBovt. Government. Ina. .. Inserted. L. S.-G. Local Self-Government. No. .. Number. P. .. Page. Pt. .. Part. Subs. Substituted. S. .. Section. Vol. .. Volume. 1^; Syattmm Unte. Nalicr><xl . r t 7 j ^ ^ Phr.n:-..- DOC. No ‘ ■ ‘ G m ».. ...... THB BIHAR PANOHATAT SAMTTIS AND ZILA PARISHADS AGT, 1961. [BIHAR ACT VT OF 1962.J {At modified up to the 20th JuTie, 1970.) CONTENTS. CHAPTER I. P b b l i m i n a r y . Sections, 1. Short title, extent and oommenoement. 2. Definitions. CHAPTER II. CoNSTrrunoN, I nookporatioii, C o m p o s it io n , P o w e r s , u n c t io n s , ETC., OP THE P a NCHAYAT S a MITIS. 3. Declaration of Blocks. 4. Constitution of Panchayat Samitis. 5. Composition of Panchayat Samitis. 6. Associate members of Panchayat Samitis, 7. Term of office of members of a Panchayat Samiti and filling up of vacancies. 8. Election of Pramukh and Up-Pramukh of Panchayat Samiti and filling up of vacancies. 9. Disqualification for becoming a member. 10. Cessation of membership of Panchayat Samiti. 11. District Judge to decide questions of disqualifications. 12. Resignation of Pramukh, Up-Pramukh or member. 13. Powers and functions of Panchayat Samiti. 13A. Levy of taxes. 14. Standing Committees. 16. Participation of certain officers in meeting of Panchayat Samiti and its Standing Committee. 16. Powers and f^mctions of the Standing Committee. 17. Powers of Panchayat Samiti and Standing Committeea to call for u Sections. 18. Rules for the conduct of the business at a meeting of a Panchc Samiti or a Standing Committee thereof. 19. Powers and functions of the Pramukh and Up-Pramukh. 20. Block Development Officer. 21. Powers and functions of the Block Development Officer. 22. Emergency power of Block Development Officer. 23. Creation of posts of officers and other employees of Pancha,yi\ Samiti and appointments thereto. 24. Allowances to members? etc., of Panohayat Samiti or Standingl Committees thereof. | 25. Panchayat Samiti fund. 26. Income of Panchayat Samiti. 27. Expenses of Panchayat Samiti. 28. Budget of Panchayat Samiti. 29. Supplementary budget. 30. Gram Panchayats to submit their budgets to Panchayat Samitis for approval. 31. Accounts and Audit. 32. Motion of n3-confidence in Pramukh or Up-Pramukh. 33. Power of GDvernment to remove Pramukh or Up-Pramukh. 34. Filling of vacancies caused up by action taken under sections 32 aad 33. CHAPTER III. C onstitution , I ncorporation , C o m p o s it io n , P o w e r s , F u n c t i o n s , e t c ., OP THE ZiLA P a RISHAD. 35. Constitution, incorporation and composition of Zila Parishai. 36. Composition of Zila Parishad. 37. Term of office of msmbers of Zila Parishad and filling up of vacancies. 38. Election and term of office of Adhyaksha and Upadhyaksha of Zila Parishad and filling up of vacancies. 38A, Vacatio:i of office in casa of more than one membership. 39. Disqualifications. 40. Resignation of Adhyaksha and Upadhyaksha or member, Ill Sections. 41. Powers and functions of Zila Parishad. 42. Standing Committees of Zila Parishad. 43. Participation of certain officers in meetings of Zila Parishad. 44. Powers and functions of the Standing Committees. 45. Powers of Zila Parishad and its Standing Committees to call for documents. 46. Rules for the conduct of the business at a meeting of a Zila Parishad and its Standing Committee. 47. Powers and functions of Adhyaksha and Upadhyaksha. 48. Secretary of Zila Parishad, his powers and functions. 49. Emergency power of the District Development Officer. 50. Creation of posts of officers and other employees of Zila Parishad and appointments thereto. 51. Allowances to members, etc., of Zila Parishad and Standing Commi- ttee thereof. 52. Zila Parishad fund. 53. Income of Zila Parishad. 54. Expenses of Zila Parishad. 55. Budget of Zila Parishad. 56. Supplementary Budget. 57. Accounts and Audit. 58. Motion of no-confidence in Adhyaksha and Upadhyaksha. 59. Powers of Government to remove Adhyaksha or Upadhyaksha. CHAPTER IV. S t a t e P a n c h a y a t i R a j B o a r d . 60. Establishment of State Panchayati Raj Board and its powers and duties. 61. Disqualifications. 62. Resignation of Chairman of the Board or member, It CHAPTER V. MrSOEXiLAlTEOUS. Sections, 63. Selection of candidates for appointment t© certain posts to be made by Committees constituted by the State Government. 64. Daties of the Collector in relation to Panchayat Samitis and 55ila Parishads. 65. Tp^nsfar of pov^ers and functions of district boards to Panchayat Samitis and Zila Parishads. 66. Abolition of district boards. 67. Application of the relevant provisions of B. & O. L.S.-G. Act of 1885 to Panchayat Samitis and Zila Parishads. 68. Power to cancel or suspend resolution of a Panchayat Samiti or a Zila Parishad. 69. Power of Government to supersede or dissolve a Panchayat Samiti or a Zila Parishad. 70. Acts of Panchayat Samitis and Zila Parishads not to b© invalidated by informality, vacancy, ©to. 71. Oath of allegianoe to bo taken by momb©r8. 72. Administration Report. 73. Powers of entry o f inspecting officers. 73A. Adhyaksha, Pramuk, ©to., to b pbli rvant. 74. Protection of acts don© in good faith. 75. Power to make roles. 76. Power of Panohay«6 Samiti and Zila Parisha<) to make bye-law#. V SecUona, 77. Delogafcion of powers and power to transfer institutions and works. 78. Power of revision and review by State Government. 79. Power to remove difficulties. 80. Saving in respect of Block Development Committe©. 81. Barring of jurisdiobion of courts in all matters, relating to elections, co-options and nominations. TheScheduIe. [BIHAR ACT VI OF 1962.] THE BIHAR PANCHAYAT SAMITIS AND ZILA PARISHADS ACT, 1961.1 (As modified up to the 20th June, 1970 ) [Assented to by the Governor on the \lth February, 1962 and first 'pub­ lished in the Bihar Gazette, Extraordinary of the \Qth March, AN ACT TO PROVIDE FOR THE CONSTITUTION OF PANCHAYAT SAMITIS AND ZILA PARISHADS AND MATTERS INCIDENTAL THERETO. B e it enacted by the Legislature of the State of Bihar in the Twelfth Year of the Republic of India as follows :— CHAPTER I. P r e l i m i n a r y . 1. Short title, extent and commencement.— (1) This Act may be called the Bihar Panchayat Samitis and Zila Parishads Act, 1961. 2 [(2) It extends to the whole of the State of Bihar : Provided that save as otherwise expressly contained in this Act nothing therein shall apply to any local area to which the provisions of the Patna Municipal Corporation Act, 1951 (Bihar Act X III of 1952) apply or any area which has been or may hereafter be constituted a Municipality or a Notified Area under the provisions of the Bihar and Orissa Municipal Act, 1922 (B. & 0. Act VII of 1922),» or a Cantonment under the provisions of the Cantonments Act, 1924 (Act II of 1924)4.] 1. For Sbafcemant of Objects aiiR3a?oa5, seethe Bihar Gazette, Extraordinary, of the 18th April, 1961; for Keport o f the Joint Select Committee, «ee the Bihar Gazette, Extraordinary, of the 7th September, 1961. 2. Subs, by s. 2 of the Bihar Panchayat Samitis and Zila Parishads (Amdt.) Ap|;, 1964 (Bihar Act 4 o f 1964) for sub-section (2). 3. Printed in Bihar Code, Vol. III. 4. Printed in India Code, Vol. I, Pt. XIV, p. 17, * [Bihar Aet [Th» Bihar Pmchayai, Samitis and Zila Pariahais Aot, 1961]. {See. 2). (3) It shall corn© into force on such date and in such area, aa the State Government may, by notification in the Official Gazette, appomt and it may appoint different dates for different areas and for different provisions. 2. Definitions. ^In this Act, unless there is anything repugnant in the subject or context,— (o) AdhyaJcsha and *UpadhyaJc8ha* shall mean respectively the •AdhyaJcsha* and ^Upadhyaksha* of a Zila Parishad ; (6) ‘Block’ means the area declared under section 3 to be a Block j (c) Block Development Officer* means the officer appointed as such under section 20 ; (d) 'co-operative society* means a society registered under the law relating to co-operative societies for the time being in force ; (c) district board’ means a district board constituted under the Bihar and Orissa Local Self-Government Act of 1885 (Ben.