Chapter 10 Chapter 10

नियंत्रण

Inspection of work of Panchayats. —

1. (1) Such officers as may be duly authorised by the State Government in this behalf may inspect the proceedings of any Panchayat in such manner as may be prescribed.
2. (2) The officers authorised under sub-section
3. (1) may exercise such powers for the purpose of inspection of Panchayats as may be prescribed.
4. (3) The office bearers and officers and servants of the Panchayat shall be bound to afford such information and make available such records as may be required by the inspecting officer.

Power to suspend execution of orders etc. —

1. (1) The State Government or such other authority as may be prescribed may by an order in writing and for reasons to be stated therein, suspend the execution of any resolution passed, order issued or licence or permission granted by a Panchayat or prohibit the performance of any act by a Panchayat, if in their opinion, —
   • (a) such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorised;
   • (b) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or is contrary to any law;
   • (c) the execution of such resolution or order or the continuance in force of such licence or permission or the doing of such act is likely to —
     • (i) cause loss, waste or misuse of any money vesting in the Panchayat or damage to any property vesting in it;
     • (ii) cause a harmful effect on public health, safety or convenience;
     • (iii) cause injury or annoyance to the public or to any class or body of persons; or
     • (iv) lead to a breach of peace.
2. (2) Whenever any order is made by the prescribed authority under sub-section (1), they shall forthwith and in any case within a period of ten days from the date of the order, forward to the State Government or such authority as the State Government may appoint in this behalf, a copy of the order with a statement of the reasons for making it and the State Government or the authority appointed by the State Government may confirm, set aside, revise or modify the order or direct that the order shall continue to be in force with or without modification for such period as it may think fit: Provided that no order made by the prescribed authority under sub-section
3. (1) shall be confirmed, set aside, revised or modified by the State Government or the authority appointed by it unless the Panchayat concerned has been given a reasonable opportunity of being heard against the proposed order.

Power of State Government to order execution of works in certain cases -

1. (1) The State Government or the prescribed authority may, by order in writing, direct any Panchayat to carry out the duties imposed on it by or under this Act or any other law for the time being in force, or to perform any work which it is not performing but is required to be performed or which the State Government or the prescribed authority considers necessary in the public interest.
2. (2) The Panchayat shall be bound to comply with the directions issued under sub-section (1), and if it fails to do so, the State Government or the prescribed authority shall have the power to get the said directions executed at the cost of the Panchayat, if any, and in exercising such powers, it shall have the same protection and to the same extent as the Panchayat or its officer or servant whose powers are being exercised would be entitled to under this Act.

Power of State Government to dissolve Panchayats for default, abuse of powers etc. -

1. (1) If at any time, it appears to the State Government or the prescribed authority that a Panchayat is persistently making default in the performance of the duties imposed on it by or under this Act or any other law for the time being in force, or exceeds or abuses its powers, or fails to comply with any order made by the State Government or the competent authority, the State Government or the prescribed authority, after conducting such inquiry as it may deem fit, may, by order, dissolve such Panchayat and may order for its reconstitution.
2. (2) No order under sub-section
3. (1) shall be passed unless the Panchayat has been given a reasonable opportunity to give its explanation, notice for which shall be addressed to the Sarpanch or Chairperson of the Gram Panchayat, Janpad Panchayat or Zila Panchayat, as the case may be, and shall be served in accordance with the provisions of Section 119. The reply of the Panchayat to the notice shall be supported by a resolution of the Panchayat.
4. (3) Upon the dissolution of the Panchayat under sub-section (1), the following consequences shall ensue, that is to say -
   • (a) all the office-bearers shall from the date of such order vacate their respective offices;
   • (b) all the powers and duties of the Panchayat shall, until the reconstitution of the Panchayat, be exercised and performed by such person or persons or such committee as may be appointed by the State Government or the prescribed authority in this behalf, and where a committee of persons is so appointed, the State Government or the prescribed authority shall also appoint a head of such committee;
   • (c) where a committee is appointed under clause (b), the committee or any member thereof, duly authorized by it in this behalf, may sue or institute legal proceedings on behalf of the Panchayat or may defend any suit or legal proceedings instituted against the Panchayat.
5. (4) Any person appointed to exercise the powers and perform the duties of a Panchayat during the period of its dissolution may receive such payment from the concerned Panchayat fund as the State Government, by order, may determine.
6. (5) The reconstitution of a Panchayat dissolved under sub-section
7. (1) shall be done within six months from the date of its dissolution in accordance with the provisions of this Act. The reconstituted Panchayat shall perform its functions for the remainder of the duration of the Panchayat:

Enquiry of working of Panchayats Enquiry of working of Panchayats — The State Government may, from time to time, cause enquiry to be made by any of its officers in regard to any Panchayat on matters concerning it or on any matters with respect to which the sanction, approval, consent or orders of the State Government is required under this Act or the rules made thereunder or any law for the time being in force or under it.

Liability of Panchas etc. for loss, misappropriation etc. —

1. (1) Every Panch, member, office bearer, officer or servant of a Panchayat [or Gram Nirman Samiti and Gram Vikas Samiti or committee of Gram Sabha] shall be personally liable for the loss, misappropriation or misuse of any money or other property of the Panchayat [or Gram Nirman Samiti and Gram Vikas Samiti or committee of Gram Sabha] to which he has been a party or which has been caused by his misconduct or gross neglect of his duty. The amount required for the reimbursement of such loss, misappropriation or misuse shall be recovered by the prescribed authority: Provided that no recovery under this section shall be made unless the person concerned has been given a reasonable opportunity of being heard.
2. (2) If the concerned person does not pay the amount, such amount shall be recovered as arrears of land revenue and credited to the fund of the concerned Panchayat [or Gram Nirman Samiti and Gram Vikas Samiti] [or committee of Gram Sabha].

Dispute between Panchayats and other local authorities.—(1) If any dispute arises between two or more Panchayats or between a Panchayat and any other local authority in respect of any matter in which they are jointly interested, such dispute shall be referred to the State Government and the decision of the State Government thereon shall be final: Provided that if the dispute is between a Panchayat and a Cantonment Board, the decision of the State Government shall be subject to the approval of the Central Government.

1. (2) The State Government may, by rules made under this Act, regulate the relations between Panchayats and between Panchayats and other local authorities in matters in which they are jointly interested.

Appeal and revision.—Appeal and revision against orders and proceedings of the Panchayats and other authorities under this Act shall be to such authority and in such manner as may be prescribed.

Power to recover records and articles and recover money --

1. (1) Where the prescribed authority is of the opinion that any person has in his possession any record or articles or money of the Gram Panchayat [or Gram Nirman Samiti and Gram Vikas Samiti] [or Gram Sabha Samiti] it may, by a written order, require that such record or articles or money be delivered or paid forthwith to such officer as the prescribed authority may appoint in this behalf to the Gram Panchayat or Gram Nirman Samiti and Gram Vikas Samiti or Gram Sabha Samiti.
2. (2) If any person fails to deliver the record or articles or pay the money as directed under sub-section
3. (1) or refuses to do so, the prescribed authority may seize the record or articles or may cause the money to be recovered and may order him to be arrested and sent to civil jail for a period not exceeding 30 days.
4. (3) The prescribed authority may -
   • (a) for the recovery of any such money direct that such money be recovered as arrears of land revenue, and
   • (b) issue search warrant for the recovery of any such record or articles and may exercise all such powers as may be lawfully exercised by a Magistrate under the provisions of Chapter 7 of the Code of Criminal Procedure, 1973 (No. 2 of 1974).
5. (4) No action shall be taken under sub-section
6. (1) or (2),
7. (3) unless the person concerned is given a reasonable opportunity to show cause as to why such action should not be taken against him.
8. (5) Any person against whom any action is taken under this section shall be disqualified for being a member of any Panchayat or Gram Nirman Samiti and Gram Vikas Samiti or Gram Sabha Samiti for a period of six years from the commencement of such action.

Delegation of powers --

1. (1) The State Government may, by notification, delegate all or any of the powers conferred on it by or under this Act, except the powers to make rules, to any officer subordinate to it or to any Panchayat.
2. (2) The exercise of powers delegated under sub-section
3. (1) shall be subject to such general or special orders as may be issued by the State Government in this behalf from time to time.
4. (3) The State Government may, by notification, specify the various authorities under this Act.

General power of control. — In all matters relating to this Act or the rules made thereunder, all the officers who are empowered to work under this Act, shall be under the administrative control of the same authority under whose administrative control they generally perform the duties of their office.