56[(b) for the purpose of reconstituting the Union Parishad after the expiration of the term of the Union Parishad, within the period of one hundred eighty days preceding such expiration;
(c) for the purpose of reconstituting the Union Parishad after the expiration of the period of supersession of the Union Parishad, if any, before such expiration:
Provided that the persons elected at a general election under clause (b) or (c) shall not enter upon office as Chairman or member of the Union Parishad except after the expiration of the term of the Union Parishad or the period of supersession of the Union Parishad, as the case may be.]
57[(3) Where, for any reason, the election of a Union Parishad can not be held within the period specified in clause (b) or (c) of sub-section (2), that election may, notwithstanding anything contained in that sub-section, be held within a period, after the expiration of the term of the Union Parishad, as the Government may, by notification in the official Gazette, specify.]
Conduct of election
- All elections of Chairman and 58[members 59[* * *]] of a Union Parishad shall be organised, held and conducted by the Election Commission in accordance with the r ules, and such
rules may provide for all or any of the following matters, namely:-
(a) the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of election, and powers and duties of such officers;
(b) the nomination of candidates, objections to nominations and scrutiny of nominations;
(c) the deposits to be made by candidates and the circumstances under which such deposits may be refunded to candidates or forfeited to the Union Parishad;
(d) the withdrawal of candidature;
(e) the appointment of agents of candidates;
(f) the procedure in contested and uncontested elections;
(g) the date, time and place for poll and other matters relating to the conduct of elections;
(h) the manner in which votes are to be given;
(i) the scrutiny and counting of votes, the declaration of the result and the procedure to be followed in case of equality of votes;
(j) the custody and disposal of ballot papers and other papers relating to elections;
(k) the circumstances under which polls may be suspended and fresh polls may be held;
(l) the election expenses;
(m) the corrupt or illegal practices and other election offences and penalties thereof; and
(n) any other matter connected with or incidental to elections.
Publication of results of election of Chairman, etc.25. The names of all persons elected as Chairman and 60[members 61[* * *]] of a Union Parishad shall as soon as may be after such election, be published in the official Gazette, by the Election Commission.
Election petitions26. (1) No election under this Ordinance shall be called in question except by an election petition under sub section (2).
(2) Any candidate may make an election petition challenging the election at which he was a candidate.
(3) An election petition shall be presented, in such manner as may be prescribed to the Election Tribunal appointed under section 27.
Appointment of Tribunal27. (1) For the trial of election petitions, the Election Commission shall, by notification in the official Gazette, appoint a judicial officer to be an Election Tribunal for such area as may be specified in the notification.
(2) Where the person constituting an Election Tribunal is succeeded by another, the trial of a petition shall continue before the person so succeeding and any evidence already recorded shall remain upon the record and it shall not be necessary to re examine the witnesses who have already been examined and discharged.
Power to transfer election petitions28. The Election Commission, either of its own motion or on an application made in this behalf by any of the parties, may, at any stage, transfer an election petition from one Election Tribunal to another Election Tribunal, and the Tribunal to which the petition is so transferred shall proceed with the trial of the petition from the stage at which it was transferred:
Provided that the Tribunal to which an election petition is so transferred may, if it thinks fit, recall and examine any of the witnesses already examined.
Trial of election petitions29. (1) An Election Tribunal shall, upon receipt of an election petition, give notice thereof to all the contesting candidates at the election to which the petition relates.
(2) Subject to any rules made in this behalf, the Election Tribunal shall, after giving the contesting candidates an opportunity of being heard and taking such evidence as may be produced before it, make such orders as it may think fit.
62[(3) Save as provided in sub-section (4), the decision of an Election Tribunal on an election petition shall be final.
(4) Any person aggrieved by a decision of the Election Tribunal may, within thirty days of the announcement of the decision, prefer an appeal to the District Judge within whose jurisdiction the election in dispute was held; and the decision of the District Judge on such appeal shall be final:
Provided that in the case of a decision announced before the commencement of the Local Government (Union Parishads) (Amendment) Ordinance, 1984 (XLIV of 1984), such appeal may be preferred within thirty days of such commencement.]
Civic functions of Union Parishads30. (1) Subject to rules, and such directions as the Government may from time to time give, and within the limits of the funds at its disposal, a Union Parishad may undertake all or any of the functions enumerated in Part I of the First Schedule, and such other functions-
(a) as are declared by the Government to be appropriate matters for administration by Union Parishad generally or by any particular Union Parishad; or
63[* * *]
(c) as are entrusted to Union Parishads under any other law for the time being in force.
(2) The Union Parishads shall, in particular, undertake the following functions:-
(a) maintenance of law and order and assistance to administration in the maintenance of law and order;
(b) adoption of measures for preventing crime, disorder and smuggling;
(c) adoption and implementation of development schemes in the fields of agriculture, forest, fisheries, livestock, education, health, cottage industries, communication, irrigation and flood protection with a view to increasing economic and social upliftment of people;
(d) promotion of family planning;
64[* * *]
(f) development of local resources and their use;
(g) protection and maintenance of public property, such as roads, bridges, canals, embankments, telephones and electricity lines;
(h) review of the development activities of all agencies at the union level and to make recommendations to the 65[Thana Nirbahi Officer] in regard to their activities;
(i) motivation and persuasion of the people to install sanitary latrines;
(j) registration of births, deaths, blinds, beggars and destitutes;
(k) conducting of census of all kinds.
Police and defence functions of Union Parishads31. (1) The Government may establish a village police force in such rural areas as may be notified from time to time, and may by rules regulate the appointment, the training and discipline and the terms and conditions of service of the members of such police force.
(2) The village police shall exercise such powers and discharge such duties as are specified in Part II of the First Schedule.
(3) Where the Deputy Commissioner is of the opinion that in any union or a part thereof, special measures are required to secure village defence or public security, he may, by order, require, that all or any of the able-bodied adult male inhabitants of the union or such part thereof shall be liable to patrol duty for such period and in such manner as may be specified in the order.
(4) Where an order is made under sub section (3), the Union Parishad shall exercise such powers and discharge such duties as may be specified in the order.
Revenue and general administrative functions of Union Parishads32. (1) It shall be the duty of the Chairman-
(a) to assist village revenue officials in the union, by whatever name called or howsoever designated, in the proper performance of their duties with regard to the collection of rent or land development tax and the general administration;
(b) to render such assistance in the preparation of records and assessments, and in the work of survey or crop inspection, and of other branches of revenue administration in the union as the Deputy Commissioner may require;
(c) to report to the police the commission of any offence, to bring to the notice of the police the presence in the union of persons of notorious character, and to assist in the investigation and prevention of crime, and in arresting criminals;
(d) to report to competent authority all cases of damage to or encroachments upon any public road, street or way, or any public place, building or property;
(e) to publicise in the union all matters the publicity of which is required by the Government or other competent authority; and
(f) to assist officials in the execution of their official duties, and to furnish such information as may be required by them for official purposes.
(2) Nothing in sub section (1) shall be construed as authorising the Chairman to interfere in the performance by any official of his official duties.
Development functions of Union Parishads33. (1) A Union Parishad shall be responsible for agricultural, industrial and community development in the union, and may, for that purpose, perform such functions as may be prescribed.
(2) A Union Parishad may, for the purposes of rural development, adopt such measures and perform such functions as may be prescribed.
Appointment for the purpose of sports, etc.34. Every Union Parishad may appoint one of its members, or, if the circumstances so require, any other person to be in charge of promoting public games, sports and cultural activities.
Transfer of functions from Union Parishads to Government and vice versa35. Notwithstanding anything in this Ordinance or in any other law for the time being in force, the Government may from time to time direct that, subject to such terms and conditions as may be specified in the direction,-
(a) any institution or service maintained by a Union Parishad shall be transferred to the management and control of the Government or 66[any other authority]; and
(b) any institution or service maintained by the Government or 67[any other authority] shall be transferred to the management and control of a Union Parishad.
Executive powers36. (1) The executive powers of a Union Parishad shall extend to the doing of all acts necessary for the due discharge of its functions under this Ordinance.
(2) Save as otherwise provided in this Ordinance and the rules, the executive powers of a Union Parishad shall vest in and be exercised by its Chairman, either directly or through other persons authorised by him, in accordance with this Ordinance or the rules.
(3) All acts of a Union Parishad, whether executive or not, shall be expressed to be taken in the name of the Union Parishad, and shall be authenticated in the manner prescribed.
Disposal of business37. (1) All business of a Union Parishad shall, to the extent and in the manner prescribed, be disposed of at its meeting, or at the meetings of its 68[Standing Committees], or by its Chairman or members, officers or employees.
(2) All meetings of a Union Parishad shall be presided over by the Chairman and, in his absence, by the acting Chairman, and in the absence of both, by a member chosen for that purpose by the members present.
(3) No act or proceedings of a Union Parishad shall be invalid by reason only of the existence of any vacancy in, or any defect in the constitution of, the Parishad, or by reason only that some person who was not entitled to do so, sat or voted, or otherwise took part in its proceedings.
(4) Minutes of the proceedings of every meeting of a Union Parishad shall be drawn up and recorded in a book to be kept for the purpose.
(5) All decisions of a Union Parishad shall be reported to the 69[Thana Nirbahi Officer] along with a copy to the Deputy Commissioner within fourteen days from the date on which the minutes of the meeting are signed.
Constitution of Standing Committees70[38. (1) The Union Parishad shall, at its first meeting, in each year, or as soon as may be at any meeting subsequent thereto, constitute Standing Committees for dealing respectively with-
(a) finance and establishment;
71[(b) education and mass education;
(c) health, family planning and epidemic control;]
(d) audit and accounts;
(e) agriculture and other development works;
(f) social welfare and community centres;
(g) cottage industries and co-operatives 72[;
(h) law and order;
(i) women and children welfare, culture and sports;
(j) fisheries and livestock;
(k) conservation of environment and tree plantation;
(l) union public works;
(m) rural water supply and sanitation.]
73[(1A) A Standing Committee under this section shall consist of such number of members and other co-opted persons as may be determined by the Union Parishad concerned.]
(2) The Union Parishad may, with the previous approval of the Deputy Commissioner, constitute additional Standing Committees for such purpose as may be prescribed by regulations.
74[(3) A Standing Committee shall elect one of its members, other than a co-opted member to be its Chairman and another such member to be its Vice-Chairman:
Provided that one-fourth of the total number of Chairmen of the Standing Committees shall, subject to the availability of candidate, be elected from amongst the members elected in reserved seats:
Provided further that where any office of Chairman of any Standing Committee within the number aforesaid can not be filled in by a member elected in reserved seat for any reason whatsoever, the office of Vice-Chairman of that Standing Committee shall be filled in by election of a member elected in reserved seat.]
(4) A Union Parishad may co-opt a person of either sex who is not a member of the Parishad but who may, in the opinion of the Parishad, possess special qualifications for serving on any Standing Committee; and such member shall not have any right to vote at meetings of the Standing Committee, but shall be deemed to be member thereof for all other purposes.]
Samaj Unnayan Committee75[38A. Notwithstanding anything contained in section 38, there shall be a Committee to be called the Samaj Unnayan Committee in every ward for a reserved seat consisting of the member of that reserved seat, who shall also be its Chairman, and the members representing the wards of general seats regrouped for delimitation of that reserved seat under section 20A.]
Contracts39. (1) All contracts made by or on behalf of a Union Parishad shall be-
(a) in writing and expressed to be made in the name of the Union Parishad;
(b) executed in such manner as may be prescribed; and
(c) reported to the Union Parishad by the Chairman at the meeting next following the execution of the contract.
(2) A Union Parishad may, by resolution, lay down the procedure that shall regulate the making of various contracts, and in the execution of contracts, the Chairman shall act in accordance with such resolution.
(3) No contract executed otherwise than in conformity with the provisions of this section shall be binding on the Union Parishad.
Works40. The Government may, by rules, provide for-
(a) the preparation of plans and estimates for works to be executed by a Union Parishad;
(b) the authority by whom and the conditions subject to which such plans and estimates shall be technically approved and administratively sanctioned; and
(c) the agency by which such plans and estimates shall be prepared and such works shall be executed.
Records, reports and returns41. A Union Parishad shall-
(a) maintain such records of its working as may be prescribed;
(b) prepare and publish such periodical reports and returns as may be prescribed; and
(c) adopt such other measures as may be necessary, or may be specified by the Government from time to time, for the publication of information about the working of the Union Parishad.
Officers and employees42. A Union Parishad may appoint such officers and employees as it deems necessary to assist it in the discharge of its functions on such terms and conditions as may be prescribed.
Constitution of Union Fund43. (1) For every Union Parishad there shall be formed a fund which shall be known as the Union Fund.
(2) To the credit of a Union Fund formed under sub section (1) shall be placed-
(a) the balance of such fund as on the coming into force of this Ordinance is at the disposal of the Union Parishad of which the Union Parishad concerned is the successor;
(b) the proceeds of all taxes, rates, fees and other charges levied by the Union Parishad under this Ordinance;
(c) all rents and profits payable or accruing to the Union Parishad from the property vested in or managed by the Union Parishad;
(d) all sums received by the Union Parishad in the performance of its functions under this Ordinance or under any other law for the time being in force;
(e) all sums contributed by individuals or institutions or by any local authority;
(f) all receipts accruing from the trusts placed under the management of the Union Parishad;
(g) all grants made by the Government and other authorities;
(h) all profits accruing from investments; and
(i) such proceeds from such sources of income as the Government may direct to be placed at the disposal of the Union Parishad.
Custody or investment of Union Fund and establishment of special fund44. (1) The moneys credited to a Union Fund shall be kept in a Government treasury, or in a bank transacting the business of a Government treasury, or in such other manner as may be specified by the Government from time to time.
(2) A Union Parishad may invest any portion of the Union Fund in such manner as may be prescribed.
(3) A Union Parishad may, and if required by the Government, shall, establish and maintain a separate fund for any special purpose, which shall be administered and regulated in such manner as may be prescribed.
Application of Union Fund45. The moneys from time to time credited to a Union Fund shall be applied in the following order of preference:-
firstly, in the payment of salaries and allowances to the officers and employees of the Union Parishad;
secondly, in meeting the expenditure charged on the Union Fund under this Ordinance;
thirdly, in the fulfilment of any obligation and in the discharge of any duty imposed on a Union Parishad under this Ordinance or under any other law for the time being in force;
fourthly, in meeting the expenditure declared by the Union Parishad with the previous sanction of the 76[Deputy Commissioner] to be an appropriate charge on the Union Fund; and
fifthly, in meeting the expenditure declared by the Government to be an appropriate charge on a Union Fund.
Charged expenditure46. (1) The following expenditure shall be charged on a Union Fund, namely:-
(a) all sums to be paid to, or in connection with employment of, any Government servant who is or has been in the service of a Union Parishad;
(b) such sums as the Union Parishad may be required by the Government to contribute towards the conduct of elections, the auditing of accounts and such other matters as may, from time to time, be specified by the Government;
(c) any sum required to satisfy any judgement, decree or award against the Union Parishad by any Court or tribunal; and
(d) any expenditure declared by the Government to be so charged.
(2) If any expenditure charged on a Union Fund is not paid, the Government may, by order, direct the person or persons having the custody of the Union Fund to pay such amount, or so much thereof as may, from time to time, be possible, from the balance of the Union Fund.
Budget47. (1) Every Union Parishad shall, in the prescribed manner, prepare before the commencement of each financial year, a statement of its estimated receipts and expenditure for that year, hereinafter referred to as the budget, and send it to the 77[Deputy Commissioner] for approval.
(2) If the budget is not prepared by a Union Parishad before the commencement of any financial year, the 78[Deputy Commissioner] may have the necessary statement prepared and certify it, and such certified statement shall be deemed to be the sanctioned budget of the Union Parishad.
(3) Within thirty days of the receipt of the copy of a budget under sub-section (1), the 79[Deputy Commissioner] may, by order, modify it, and the budget so modified shall be deemed to be the sanctioned budget of the Union Parishad.
(4) If the budget received under sub section (1) is not modified or approved within thirty days by the 80[Deputy Commissioner] it shall be deemed to have been approved.
(5) At any time before the expiry of the financial year to which a budget relates, a revised budget for the year may, if necessary, be prepared and sent to the 81[Deputy Commissioner] and such revised budget shall, so far as may be, be subject to the provisions of this section.
(6) Where any Union Parishad assumes office under this Ordinance for the first time, its budget for the financial year during which it assumes office shall relate to the remaining period of that year, and the other provisions of this section shall mutatis mutandis apply.
Accounts48. (1) Accounts of the receipts and expenditure of a Union Parishad shall be kept in the prescribed manner and form.
(2) An annual statement of the accounts shall be prepared after the close of every financial year and shall be forwarded to the 82[Deputy Commissioner] by the thirty first December of the following financial year.
(3) A copy of the annual statement of accounts shall be placed at a conspicuous place in the office of the Union Parishad concerned for public inspection, and all objections or suggestions concerning such accounts received from the public shall be considered by the Union Parishad and brought to the notice of the audit authority referred to in section 49.
Audit49. (1) The accounts of every Union Parishad shall be audited in such manner, after such intervals and by such authority as may be prescribed.
(2) The audit authority shall have access to all the books and other documents pertaining to accounts, and may also examine the Chairman or any member, officer or employee of the Union Parishad concerned.
(3) On the completion of audit, the audit authority shall submit to the 83[Deputy Commissioner] an audit report which shall, among other things, mention-
(a) cases of embezzlement;
(b) cases of loss, waste or misapplication of the Union Fund;
(c) cases of other irregularities in the maintenance of accounts; and
(d) the names of the persons who, in its opinion, are directly or indirectly responsible for such embezzlement, loss, waste, misapplication or irregularities.
Property of Union Parishads50. (1) The Government may, by rules-
(a) provide for the management, maintenance, improvement and development of the property belonging to or vesting in Union Parishad;
(b) regulate the alienation of such property; and
(c) provide for the compulsory acquisition of such immovable property as may be required by a Union Parishad for the purposes of this Ordinance.