The Daman and Diu Panchayat Regulation, 2012
Chapter VI CONTROL OF
Chapter VI CONTROL OF
47. TheChief Executive
GRAM PANCHAYAT Power to call
Officer and Director Panchayat shall have power to,- for proceedings, (a) call for- etc.
- (r) any extract from the proceeding of a Gram Panchayat or any book, record , correspondence or documents in the possession or under control of a Gram Panchayat; (ii)any return , plan, estimate, account or report for the purpose of inspection or examination; EXTRAORDINARY No. : 32 L DATED : 17T" AUGUST, 2012.
- (b) require a Gram Panchayat to take into consideration-
- (r) any objection which appears to the Chief Executive Officer or the Director Panchayat to exist to the doing of anything which is about to be done or is being done by such Gram Panchayat, or
- (it) any information which the Chief Executive Officer or the Director Panchayat is able to furnish and which appears to the Chief Executive Officer or the Director Panchayat to necessitate the doing of a certain thing by the Gram Panchayat , and to make written reply to the said Chief Executive Officer or the Director Panchayat , as the case may be, within a reasonable time, stating its reasons for desisting from doing such things. 48. (1) If , at any time , it appears to the Chief Executive Officer that a Gram Panchayat Default in has made wilful and persistent default in the performance of any duty imposed on it by this performance Regulation , he may, by order in writing , fix a period for the performance of that duty under of duty by intimation to Director Panchayat. Gram
- (2) If the duty specified under sub- section ( 1), is not performed within the period so fixed, the Executive Officer may appoint any Government Agency to perform it, and direct that the expenses of the performance of such duty shall be paid by the defaulting Gram Panchayat within such period as the Chief Executive Officer may think fit.
Chapter VI CONTROL OF
48. (1) If
, at any time , it appears to the Chief Executive Officer that a Gram Panchayat Default in has made wilful and persistent default in the performance of any duty imposed on it by this performance Regulation , he may, by order in writing , fix a period for the performance of that duty under of duty by intimation to Director Panchayat. Gram
- (2) If the duty specified under sub- section ( 1), is not performed within the period so fixed, the Executive Officer may appoint any Government Agency to perform it, and direct that the expenses of the performance of such duty shall be paid by the defaulting Gram Panchayat within such period as the Chief Executive Officer may think fit. Panchayat.
Chapter VI CONTROL OF
49. Panchayat.
- (1) Iff in the opinion of the Panchayat Secretary, the execution of any order or suspension of resolution of a Gram Panchayat or the doing of anything which is about to be done or is execution of being done by or on behalf of a Gram Panchayat is causing or is likely to cause danger to order on human life, health and public safety or annoyance to the public or to lead to a breach of pea ce resolution or is unlawful, he shall forthwith bring it to the notice of the Chief Executive Officer whom may Panchayat . by an order in writing suspend the execution or prohibit the doing thereof.
- (2) When the Chief Executive Officer makes an order under sub-section (1), he shall forthwith send to the Gram Panchayat affected thereby a copy of the order together with a statement of the reasons for making it.
- (3) The Chief Executive Officer shall forthwith submit to the Secretary Panchayat a report of the circumstances in which the order was made under this section and the Secretary Panchayat may after giving notice to the Gram Panchayat and making such inquiry as he deems fit, rescind, modify or confirm the order.
- (4) All actions taken or orders made under sections 47, 48 and this section shall be reported to the Administrator as soon as possible. 50. (1) Every member of the Gram Panchayat shall be personally liable for the loss, Liability of waste or misapplication of any money or other property of the Gram Panchayat which has members for been caused or facilitated by his misconduct or wilful neglect of his duty as a member of the loss • waste or Gram Panchayat^ misapplication.
- (2) If after giving the member of the Gram Panchayat concerned a reasonable opportunity for showing cause to the contrary the Panchayat Secretary is satisfied that the loss, waste or misapplication of any money or other property of the Gram Panchayat is a direct consequence of misconduct or wilful neglect on the part of such member , he shall report in writing to the Chief Executive Officer who shall direct such member to pay to the Gram Panchayat before a fixed date, the amount required to be reimbursed to it for such loss, waste or misapplication: Provided that no such order shall be made for bona fide or technical irregularities or mistake of a, member of the Gram Panchayat.
- (3) If the amount referred to in sub-section (2) is not so paid, the Chief Executive Officer shall recover it as an amear of land revenue and credit it to the Gram Fund referred to in sub-section
- (1) of section 35.
- (4) An order of the ChiefExecutive Officer shall be subject to an appeal to the Secretary Panchayat if made within thirty days of the date of the order. Dissolution of Gram Panchayat. Disputes between Gram Panchayats. Administrator or Secretary Panchayat may call for proceedings.
Chapter VI CONTROL OF
50. (1) Every member of the Gram Panchayat shall be personally
liable for the loss, Liability of waste or misapplication of any money or other property of the Gram Panchayat which has members for been caused or facilitated by his misconduct or wilful neglect of his duty as a member of the loss • waste or Gram Panchayat^ misapplication.
- (2) If after giving the member of the Gram Panchayat concerned a reasonable opportunity for showing cause to the contrary the Panchayat Secretary is satisfied that the loss, waste or misapplication of any money or other property of the Gram Panchayat is a direct consequence of misconduct or wilful neglect on the part of such member , he shall report in writing to the Chief Executive Officer who shall direct such member to pay to the Gram Panchayat before a fixed date, the amount required to be reimbursed to it for such loss, waste or misapplication: Provided that no such order shall be made for bona fide or technical irregularities or mistake of a, member of the Gram Panchayat.
- (3) If the amount referred to in sub-section (2) is not so paid, the Chief Executive Officer shall recover it as an amear of land revenue and credit it to the Gram Fund referred to in sub-section
- (1) of section 35.
- (4) An order of the ChiefExecutive Officer shall be subject to an appeal to the Secretary Panchayat if made within thirty days of the date of the order.
- • 17 - Dissolution of Gram Panchayat. Disputes between Gram Panchayats. Administrator or Secretary Panchayat may call for proceedings.
Chapter VI CONTROL OF
51. (1)
if in the opinion of the Administrator , a Gram Panchayat-
- (a) exceeds or abuses its powers; or
- (b) is incompetent to perform or makes wilful and persistent default in the performance of the duties imposed on it by or under this Regulation or any other law for the time being in force, or
- (c) fails to levy the taxes leviable under this Regulation, or
- (d) persistently disobeys the order of the Chief Executive Officer made under sub-section( 2) of section 49, he may, by order published in the Official Gazette , dissolve the Gram Panchayat.
- (2) No order under sub-section ( 1) shall be passed without giving to the Gram Panchayat a reasonable opportunity of being heard.
- (3) If aGram Panchayat is dissolved under sub - section (1), the following consequence shall ensue , namely:
- (a) all the members of the Gram Panchayat shall, from the date specified in the order, cease to be its members;
- (b) all powers and duties of the Gram Panchayat shall during the period of dissolution of the Gram Panchayat , be exercised and performed by such person or persons as may be appointed by the Administrator in this behalf.
- (4) An election to constitute a Gram Panchayat shall be completed before the expiry of a period of six months from the date of its dissolution.
Chapter VI CONTROL OF
52. (1) If any dispute arises between two or more Gram Panchayats
, it shall be referred to a Joint Committee of Panchayat appointed under section 73.
- (2) If the Joint Committee is unable to resolve the issue it shall be referred to the Secretary Panchayat and the decision of Secretary Panchayat thereon shall be final.
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