State Act

10

Section 10. Powers and functions of Gram Sabha and its annual meeting

Jharkhand Panchayat Raj Act, 2001_English

Act no. 6 of 20012001In forceJharkhand (State Act)

Section 10 Powers and functions of Gram Sabha and its annual meeting - 1. Subject to the rules made by the State Government for the purpose and under the general or specific orders to be issued by the State Government from time-to-time the Gram Sabha shall perform the following functions, namely - (a) (i) Identification of economic developmental schemes for the village and formulation of criteria for fixing their priorities. (ii) Approval of schemes for social and economic development including all the annual schemes pertaining to the Gram Panchayat, before implementation of programmes and projects; (iii) Discussions on annual budget of the Gram Panchayat and making recommendations thereto; (iv) Deliberations on audit report and annual accounts of the Gram Panchayat; (v) Determination and confirmation of appropriate utilization of funds for the schemes, programmes and projects specified under section 10(1) (a) (2) by the Gram Panchayat; (vi) Identification and selection of persons as beneficiaries under poverty alleviation and other programmes; (vii) Ensuring distribution of funds or resources among beneficiaries and their proper use; (viii) Activating people towards community welfare programmes and receiving contributions in cash or kind or in both and participation of voluntary workers; (ix) Enhancing general consciousness, unity and amity among people in general; (x) Keeping control through Gram Panchayat over such organizations and such functionaries in social sectors, as have been transferred to the Gram Panchayat or appointed by the Gram Panchayat; (xi) Managing natural resources such as land, water, forest falling within the limits of the village area according to the constitution and other relevant laws then in force; (xii) Giving advice to the Gram Panchayat as to regularization and utilization of small reservoirs; (xiii) Keeping watch over local schemes and over sources and expenditure of the said schemes; (xiv) Sanitation and conservancy as well as prevention and solution of nuisance; (xv) Construction, repair and maintenance of public wells and ponds as well as making available drinking water for domestic use; (xvi) Making available and maintaining water sources for bathing, washing and for drinking purposes of domestic animals; (xvii) Construction and maintenance of rural roads, culverts, bridges, embankments and other works and buildings of public utility. (xviii) Construction, maintenance and conservancy & cleanliness of public roads, cesspits, drains and other public places; (xix) Filling up of wells not in use in sanitary ponds, ditches and holes; (xx) Providing light on village paths and other public places; (xxi) Removal of hindrances and projections to public streets and places as well as the spaces which are not private properties or which are open for public use whither such places are vested in the Panchayat or belong to the State Government; (xxii) Regulating and controlling recreations, games-shows, shops, eating houses and vendors of beverage, sweets, fruits, milk and similar other articles; (xxiii) Regulating construction of houses, cesspits urinals, drains and flush latrines; (xxiv) Management of public land, extension and development of village site; (xxv) Disposal of corpses, carcasses (including those unclaimed) and other obnoxious articles in such a way that the same may not be injurious to health; (xxvi) Providing places separately for dumping rubbish; (xxvii) Responsibility for sale and test of meat; (xxviii) Taking care of the Gram Sabha-properties; (xxix) Establishment and management of cattle ponds and maintenance of records regarding cattle; (xxx) Taking care of ancient and historical monuments other than those which have been declared to be of national importance and maintaining grazing grounds and other lands lying within control of the Gram Sabha; (xxxi) Maintaining records of births, deaths and marriages; (xxxii) Assisting in census or other surveys done by the centre, state or other organizations constituted lawfully; (xxxiii) Giving assistance in control of contagious diseases, vaccination work etc.; (xxxiv) Helping the disabled and destitute (including women and children); (xxxv) Expansion of youth welfare, family welfare and sports; (xxxvi) An afforestation and conservation of village forestry; (xxxvii) Abolition of social evils like dowry; (xxxviii) Implementation of orders of the State Government or other competent officers to improve the condition of Scheduled Castes, Scheduled Tribes, Backward Classes and to prevent untouchability; (xxxix) Preparing schemes for basic amenities and making arrangements therefore; (xl) Helping disabled women/children; (xli) Execution of work assigned by Panchayat Samiti, Zila Parishad; (xlii) Execution and supervision of construction work as per specified schemes within the Gram Sabha area; (xliii) Exercise and discharge of powers and functions assigned by the State Government under this Act or any other law in force in the State for the time being. (b) For discharging these functions and duties the Gram Sabha may constitute the following standing committees, namely :- (i) Village Development committee, (ii) Government estate committee, (iii) Agriculture committee, (iv) Health Committee, (v) Gram Raksha Samiti, (vi) Infrastructure committee, (vii) Education committee and social justice committee, (viii) Vigilance committee. (c) Reservation of seats, term of office, resignation, procedure for removal, conduct of business, eligibility for being a member, meeting, manner of filling vacancy, selection of secretary and procedure of Standing Committees shall be as may be prescribed by the prescribed authority; (d) Village Development committee shall prepare a scheme for all-round development of the village and shall be presented before the Gram Sabha for its approval; (e) Every Gram Sabha may establish a fund which by consisting of the following four parts, shall be known as Gram Kosh (Village fund):- (i) Grain Fund, (ii) Labour Fund, (iii) Commodity Fund, (iv) Cash Fund, In which the following shall be deposited:- (a) Donations, (b) Incentive amounts, (c) Other incomes. (f) Gram Kosh (Village Fund) shall be kept in such a manner and maintained in such a way and from as may be prescribed. 2. Annual Meeting of Gram Sabha : - Gram Panchayat shall put also place the following matter before the annual meeting of the Gram Sabha, which shall be held at least three months before the commencement of the next financial year:- (i) Annual account return, administrative report of the preceding financial year, last audit report and reply if any given within regard thereto. (ii) Programmes relating to development and other works proposed for the next financial years; (iii) Annual budget of the Gram Panchayat and annual plan for the next financial year; (iv) Report of the vigilance committee; (v) Explanation called for from Mukhia and members of the Gram Panchayat in respect of any particular activities, scheme, income and expenditure; 3. Gram Panchayat Shall also place before the Gram Sabha the matters which may be required by the Panchayat Samiti, Zila Parishad, Deputy Commissioner/District Magistrate or any other officer authorized in this behalf; 4. Gram Panchayat shall under this section implement the recommendations made, if any, by the Gram Sabha in respect of the matters before it, in the light of the rules of the State Government in force for the time being. 5. Additional powers and functions of Gram Sabha in scheduled area - (i) It shall protect and preserve the traditions and customs of people their cultural identity and community resource means (Sarna, Masna, 1[Jaher-Than] etc.) and their customary manners of redressal of disputes, which are not inconsistent with constitution view point, and when needed may for the sake of extending co-operation in this regard, it may bring proposals as required in the prescribed manner to enlist co-operation before Gram Panchayat, Panchayat Samiti, Zila Parishad and State Government. (ii) the spirit of other relevant laws in force for the time being; It may manage the natural resources including land, water and forest within the village areas according to its tradition but in accordance with the provisions of the constitution and duly keeping in view (iii) It may provide for local schemes in which tribal sub-schemes are included and sources and costs for such schemes; (iv) It shall exercise such other powers and discharge such functions as the State Government may assign or delegate to it under any law in force for the time being; (v) Gram Sabha, through the Gram Panchayat, shall manage Bazaars of the villages, and fairs including cattle fair, irrespective of their name by which they are known. 6. In addition to functions specified under section 10 (1) (a) and additional powers and functions of Gram Sabha in scheduled area mentioned under section 10(5), the State Government may from time to time ascertain other additional powers and functions for Gram Sabha in scheduled area. 7. Gram Sabha shall be at liberty to consider any subject related with the functions of the Gram Panchayat and the Gram Panchayat shall implement its recommendations in the light of the rules in force for the time being. 8. Functions of the Gram Sabha mentioned in Section 10(1) (a) and section 10 (5) shall not affect the Government Acts/Rules and its jurisdiction for the time being in force. 9. The State Government may, by general or special order increase the functions and duties delegated to the Gram Sabha or may withdraw the same.