Panchayat and requiring it to make written reply to him within a reasonable time, stating its reasons from not desisting from doing such things.

The Daman and Diu Panchayat Regulation, 2012

Infrastructure2012102 sections8 chapters

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Chapter VI I

Statutory text

(1) If at any time, it appears to the Secretary Panchayat that a District Panchayat has made wilful and persistent default in the performance of any duty imposed on it by this Regulation, he may by order in writing, fix a period for the performance of that duty.
(2) If the duty under sub-section ( 1) is not performed within the period so fixed, the Secretary Panchayat may, with'the prior approval of the Administrator appoint any person to perform it, and direct that the expenses of the performanu of the duty shall be paid by the defaulting District Panchayat within such period as the Secretary Panchayat may think fit. 95. (1) If, in the opinion of the Secretary Panchayat the execution of any order or resolution of the District Panchayat or the doing of anything which is about to or is being done by or on behalf ofthe District Panchayat is causing or likely to cause injury or annoyance to the public or a grave loss to the public exchequer or is manifest against the public interest or lead to a breach of the peace or is unlawful , he may, by order in writing, suspend the execution or prohibit the doing thereof Provided that no' such order shall be passed without giving District Panchayat concerned a reasonable opportunity of showing cause against proposed order.
(2) When the Secretary Panchayat makes an order under sub -section( 1), he shall forthwith send to Panchayat affected thereby a copy of the order together with a statement of the reasons for making it.
(3) The Secretary Panchayat may, after giving such notice to the District Panchayat as he deems fit, rescind, modify or confirm the order made under sub-section (1).
(4) Any person aggrieved by an order under sub -section( 1), may, within thirty days of the date of the order , prefer an appeal to the Administrator who shall approve or disapprove the order of the Secretary Panchayat or modify it in such manner as he thinks fit. %. (1) Every member ofthe District Panchayat shall be personally liable for the loss, waste or misapplication of any money or other property of the District Panchayat to which he has been a party or which has been caused or facilitated by his misconduct or wilful neglect of his duty as a member amounting to fraud.
(2) If, after giving the member of the District Panchayat concerned a reasonable opportunity for showing cause to the contrary , the Secretary Panchayat is satisfied that the loss, waste or misapplication of any money or other property of the District Panchayat is a direct consequence of misconduct or wilful neglect on the part of such member, he shall, with the prior approval of the Administrator, by order in writing , direct such member to pay to the District 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 fideor technical irregularities or mistakes of a member.
(3) If the amount is not so paid , the Secretary Panchayat shall recover it as an arrear of land revenue and credit it to the District Panchayat Fund.
(4) An order of the Secretary Panchayat shall be subject to an appeal to the Administrator if made within thirty days of the date of the order and the Administrator may, after making such inquiry as he may deem necessary and after hearing the appellant , rescind or vary or confirm the order. Default in performance of duty in District Panchayat. Suspension of execution of order on resolution of District Panchayat. Liability of members for loss, waste or misapplication.
(5) All actions taken or orders made under sections 94, 95and this section shall be reported to the Administrator as soon as possible. EXTRAORDINARY No. . 32 DATED : 17' AUGUST, 2012. Dissolution of 97. ( 1) If in the Opinion of the Administrator, the District Panchavat- District Panchayet . ( 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) misappropriates public monies including grants; or
- (a) fails to levy the taxes leviable under this Regulation; or
- (e) persistently disobeys the order made under sub-section
(2) of section 96, the Administrator may by order published in the Official Gazette, dissolve the District Panchayat and direct that it shall be reconstituted in the manner provided in this Regulation.
(2) No order under sub - section ( 1) shall be passed without giving to the District Panchayat reasonable opportunity to render an explanation.
(3) If a District Panchayat is dissolved under sub - section (1), the following consequences shall ensue , namely.-
- (a) all the members ofthe District Panchayat shall, from the date specified in the order, cease to be members;
- (b) all powers and duties of the District Panchayat shall, during the period of dissolution of the District Panchayat be exercised and performed by such person or persons as may be appointed by the Administrator in this behalf;
- (c) the Standing Committees appointed under section 73 of the District Panchayat shall be deemed to have been dissolved and all the members of the District Panchayat shall vacate office from the date of its dissolution.
(4) An election to reconstitute a District Panchayat after such dissolution shall be completed before the e ' f xt . uetegatton of 98 . The Administrator may, by notification and subject to such restrictions and powers . conditions as may be specified therein , authorise Secretary Panchayat or any other officer subordinate to him, to exercise in respect of District Panchayats any of the powers which may be exercised by him under this Regulation except the power to make rules under section 121.

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