28. [ Gram Sabha may be empowered to function as Gram Panchayat. [Substituted by Bihar Act 6 of 1978, vide Section 20.]
(1)The Government may at the request of a Gram Sabha by notification in the Official Gazette declare that the Gram Sabha shall exercise all powers and discharge all duties and functions of the Gram Panchayat in relation to the area within the jurisdiction of the Gram Sabha (hereinafter in his section referred to as the said area);(2)Upon the issue of a notification under sub-section (1)-(i)the Gram Panchayat which functioned immediately before the date of notification, shall in relation to the said area, cease to function therein;(ii)all the powers, duties and functions attaching to the Gram Panchayat under the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of 1948). shall in relation to the said area attach to the Gram Sabha and accordingly the Gram Sabha shall exercise the powers and discharge the duties and functions aforesaid;(iii)the provisions of the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of 1948), shall subject to such restrictions and modifications as the Government may specify in the notification apply to the Gram Sabha as if it were in Gram Panchayat constituted under the law for that village;(iv)the Gram Sabha shall be entitled to all the assets and subject to all the liabilities of the Gram Panchayat as on the date of notification in so far as such assets and liabilities are relatable to the said area;Provided that a hat or bazar situated within the area of a Gram Sabha and which was managed by the Gram Panchayat within whose territorial jurisdiction such hat or bazar lies, shall continue to be engaged by the Gram Panchayat, and a portion of the income thereof shall be given to the Gram Sabha according to the ratio which the population of the Gram Sabha bears to the whole population of the Gram Panchayat area.(3)Any notification issued under sub-section (1) may contain such supplemental, incidental and consequential provisions as the Government may deem necessary and, in particular, may direct-(i)that any tax, fee for other sum due to the Gram Panchayat shall be payable to the Gram Sabha;(ii)that appeals, petitions or other applications with reference to any such tax, fee or sum which are pending on the date of such notification shall be disposed of by the Gram Sabha.Explanation.-Where the area within the jurisdiction of the Gram Sabha is comprised within the territorial jurisdiction of more than one Gram Panchayat, the reference to Gram Panchayat, in sub-sections (1) and (2) shall be construed as reference to such Gram Panchayat].
