Chapter XIV PROVISION RELATING TO MEMBERS AND PRESIDENT OF PANCHAYATS

58[152, Oath or affirmation by members. - (1) After every General election, the Government shall, for convening the first meeting of the panchayat, nominate a person elected as a member of the panchayat and he shall, before convening such meeting, make and subscribe an oath or affirmation in the forms set out for the purpose in the second schedule before the Government officer nominated by the Government for the purpose: Provided that, as far as possible, the member nominated by the Government shall be the eldest among the members elected to that panchayat.

(2)All other members shall, before assuming office make and subscribe an oath or

affirmation in the form set out for the purpose in the second schedule before the member of the panchayat who has been nominated under sub-section (1) on a date specified by the Government and before the date fixed by the State Election Commission for the election of the President under sub-section (5) of section (153] (3)A member who could not take an oath or affirmation under sub-election (2) or a member elected in a bye-election may take such oath before the president. (4)No elected member who has not taken an oath or affirmation under sub-section (1) or sub-section (2) or sub-section (3) shall vote or take part in the proceedings of any meeting of the Panchayat in which he is a member nor shall he be included as a member of any committee constituted by that Panchayat. (5)Government may declare the office of the member as vacated on his own motion, when such a member has not entered upon his office without sufficient cause by taking, oath or affirmation within a maximum period of thirty days from the date he was declared as elected.

be a President and a Vice-President elected from among the elected members of that Panchayat in accordance with the provisions of this Act 58 59 [and the president shall be full time functionary of the Panchayat] (2)On the constitution of a panchayat or on its reconstitution under any provision of this Act, there shall be called a meeting [by the Returning Officer referred to in sub-section (6)] for the election of its President and Vice-President from among the elected members of that Panchayat. (3)(a) The offices of President of Village Panchayats, Block panchayats and district panchayats in the State shall be reserved by the Government for the Scheduled Castes and the Scheduled Tribes and the number of the offices of President reserved for Scheduled Castes and Scheduled Tribes in the panchayats at each Substituted by Act 13 of 1999. Substituted by Act Substituted by Act 13 of 1999.

level in the state shall bear, as nearly as may be, the same proportion to the total number of offices of President at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State; (b)(i) One-third each of the total number of offices of President of village panchayats, block panchayats and district panchayats in the State reserved under clause (a); and

1. (ii) One-third each of the total number of offices of President of village Panchayats, block Panchayats and district Panchayats in the State, not so reserved, shall be reserved by the Government, for women. 61[(4) (a) The offices of the President reserved under sub-section (3) shall be allotted to every level of Panchayat in the different districts by the State Election Commission by notification in the Gazette. (b)In the case of Block Panchayats and Village Panchayats the reserved seats for the Scheduled Castes and Scheduled Tribes shall be allotted proportionate to their population in the respective districts. (c)In the case of Village Panchayat, the reserved seats in each district shall be distributed among the Village Panchayats within the area of the various Block Panchayats in the district. (d)Before issuing notification for General election, the 61 62 [State Election Commission shall allot by rotation the reserved seats under clause (a), (b) and (c) and the rotation shall start from the Panchayat in which the Scheduled Castes or Scheduled Tribes or women have the larges percentage of population and then passed on to the next panchayat having their largest percentage of population and so on: Provided that where the Panchayat the office of President of which is to be reserved for women and the Scheduled Castes and Scheduled Tribes is one and the same, in so reserving the Office of President preference shall be given to the Scheduled Castes or Scheduled Tribes and in lieu, the office of the President in the Panchayat net having their largest percentage population of women shall be reserved for women: Provided further that in Panchayats the office of President of which is reserved for the Scheduled Caste or Scheduled Tribes, those in which the women have the more percentage of population of women shall be reserved for women belonging to them. Provided also that office of President of any panchayat shall be reserved for the Scheduled Caste or Scheduled Tribes or women belonging to them only if at least one constituency of that Panchayat is reserved for that category.]

Substituted by

Act 7 of 1995.

Substituted by

Act 7 of 1995.

(5)The meeting for the lection of President and Vice President shall be held on such day within three weeks from the date on which the names of members elected are published by the State Election Commission as may be fixed by the State Election Commission. (6)For the election of the President and the Vice-President of panchayats the State Election Commission shall designate or nominate an officer of the Government or local authority as the Returning officer. (7)It shall be the duty of the Returning Officer to do all such acts and things as may be necessary for the effectively conducting the election in the manner prescribed.

63[7. (a) The election shall be by open ballot and the member voting shall, record in writing his name and signature on the reverse side of the ballot paper.] (8)A member who has not entered upon his office after making and subscribing an affirmation or oath under section 152 shall not have the right to vote for electing President or Vice-President. (9)If at an election held under sub-section (2), no President or Vice-President is elected a fresh election shall be held for electing the President or Vice-President, the case may be. (10)The result of the election of the President and the Vice-President of Panchayats shall be published by the State Election Commission in such manner as may be prescribed. (11)A President shall be deemed to have vacated his office on the expiry of his term of office as member or on his being sentenced by a criminal court for the imprisonment for any offence involving moral delinquency or on his otherwise ceasing to be a member of that Panchayat. (12)A Vice-President shall be deemed to have vacated his office - (a)on the expiry of his term of office as member or on his being sentenced by a criminal court for imprisonment for any offence involving moral delinquency or on his otherwise ceasing to be a member, or (b)on his election as President. (13)Before entering upon the offices, an oath or affirmation in the form set out in the Second Schedule shall be made and subscribed by the President of a panchayat at any level before the office authorised by the Government in this behalf and by the VicePresident before the President. (14)Where a dispute arises as to the validity of an election of President or Vice-President of a Panchayat, any member of that Panchayat may file a petition.

1. (a) in the case of Village Panchayat before the Munsiff Court having jurisdiction over the area in which its headquarters is situated. Substituted by Act 11 of 1999.
2. (b) in the case of Block Panchayat or District Panchayat, before the District Court having jurisdiction over the area in which its headquarters is situated for decision and such decision shall be final. [

1. (14) a) the validity of the election of the President or the Vice-President of a Panchayat shall not be called in question for the reason of any vacancy in the place of the members or who shall elect President or Vice-President for the reason of the absence of any member.] (15)Every petition 65 66 [referred to in sub-section (14)] shall be disposed of in accordance with the procedure laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) while trying a suit (16)Any casual vacancy arising in the office of the President or Vice-President of a Panchayat shall be reported to the State Election Commission in such manner as may be prescribed and the State election Commission shall take steps for the conduct of election of President or Vice-President, as the case may be, in accordance with the provisions of this Act. (17)Save as otherwise provided in this Act the term of office of the President and Vice-

Duty of retiring President, etc. to hand over charge of office. - (1) On the election of a new President or Vice-President, it shall be the duty of the retiring President or, as the case may be, Vice-President to hand over to him the charge of the respective office, and delver to him the record and property belonging to the Panchayat concerned and in the latter’s custody. (2)The provisions of sub-section (i) shall apply mutatis mutandis to a retiring member in the matter of handling over of charge of his office.

(1) The President or Vice President or any other member of a Panchayat may resign his office by tendering his resignation in the prescribed form to the Secretary and the resignation shall take effect from the date on which it is received by the Secretary and the Secretary shall immediately report the fact to the Panchayat and the State Election Commission. (2)The President, the Vice-President or the member who resigns shall either in person or, if such resignation letter has been attested by a Gazetted Officer, by registered post, tender or send as the case may be, his resignation to the Secretary and the Secretary shall give acknowledgement for the receipt of the same. (3)If any dispute regarding any resignation arises, it shall be referred to the State Election Commission for decision and its decision thereon shall be final: Ibid Substituted by Act Substituted by Act 13 of 1999. Provided that no dispute, referred after the expiry of fifteen days from the date on which the resignation takes effect, shall be entertained by the State Election Commission.]

Provided that no dispute, referred after the expiry of fifteen days from the date on which the resignation takes effect, shall be entertained by the State Election Commission.]

Save as otherwise expressly provided by or under this act, the executive power for the purpose of carrying out the provisions of this act and the resolution passed by a panchayat shall vest in the President thereof who shall be directly responsible for the due fulfilment of the duties imposed upon the panchayat by or under this act. (2)When the office of the president is vacant, the vice-president shall exercise the functions of the president until a new president assumes office. (3)If the president of the panchayat is continuously absent from jurisdiction for more than fifteen days or is in capacitated, his functions, during such actions of incapacity shall, except in such circumstances as may be prescribed, vest on the vice-president of that panchayat.

67[(3A) Where the offices of the President and the Vice-President are vacant, the Chairman of the standing committee in the order mentioned in sub-section (1) of section 162, shall perform the functions of the President till a new President or Vice-President assumes office and where there is no President or Vice-President or Chairman of standing committee to hold the office of the President, the eldest among the elected members shall perform the functions of the President until the President or Vice President or Chairman of any Standing Committee assumes office.] (4)Without prejudice to the generality of the for forgoing provisions the President of a Panchayat shall, - (a)preside over and regulate the meetings of the Panchayat and Grama Sabha of which he is the President; (b)exercise supervision and control over the acts done and actions taken by all officers and employees of the Panchayat and prepare their confidential reports; (c)incur contingent expenditure upto such limit as may be fixed by the Government from time to time; (d)authorise payment and refunds pertaining to the Panchayat;

68[(e) xxxxxx] (f)cause to be prepared all statements and reports required by or under this Act; (g)exercise such other powers and discharge such other functions as may be conferred or imposed upon him by this Act or rules made there under. 67 68 Substituted by Act 13 of 1999. Omitted by Act 7 of 1995.

(5)The President may, in case of an emergency direct the execution of any work of the doing of any act which requires the sanction of the Panchayat, and the immediate execution or doing of which is, in his opinion, necessary for the safety of the public and may direct that the expenses of executing such work or doing such act shall be paid from the funds of the Panchayat: Provided that - (a)he shall not act under this sub-section in contravention of any decision of the Panchayat prohibiting the execution of any particular work or the doing of any particular act; (b)he shall report the action taken under this sub-section and the reason thereof to the Panchayat at its net meeting and obtain its approval therefore.

69[(6) The President of the Panchayat shall also have the following powers, namely: - (a)To ensure the attendance of the Secretary and if necessary the attendance of the employees under the control of the Panchayat including the employees of the Government transferred to the Panchayat in the meetings of the Panchayat; (b)Suspend from service, if necessary, any employee or officer under the control of the Panchayat other than the Secretary and the Government Officers in the Gazetted rank who are transferred to the service of the Panchayat, when disciplinary proceedings are to be taken against them for dereliction of duty or insubordination or for violation of rules or Standing Orders: Provided that the President shall place the order of suspension in the next meeting of the Panchayat and get it ratified; otherwise the said order will become invalid; (c)to call for in writing any record or file relating to the administration of the Panchayat from the Secretary or any Officer of the Panchayat and to give necessary directions or pass orders thereon under this Act or the rules made there under or in the light of the Standing Orders: Provided that no files and records relating to the exercise of statutory powers vested solely with the Secretary or any Officer in respect of the administration of the Panchayat shall be called for; Note: - The receipt and return of files and records shall be properly acknowledged and recorded. (d)to refer immediately to Government any resolution passed by the Panchayat, which in his opinion has not passed in accordance with law or is in excess of power conferred by this Act, or any other law or if carried out, is likely to endanger human life, health or public safety.] Substituted by Act 13 of 1999.

(1) Subject to the provisions of this section, a motion expressing want of confidence in the President or the Vice-President or of a Panchayat may be moved in accordance with the procedure aid down herein. (2)Written notice in such form as may be prescribed of the intention to move any motion referred to in sub-section (1) signed by such number of elected members of the Panchayat concerned as shall constitute not less than 70 71 72 [one third] of the sanctioned strength of elected members of that Panchayat together with a copy of the motion which is proposed to be moved shall be delivered in person by any of the elected members of the Panchayat signing the notice, to the officer as may be authorised by the Government in this behalf. (3)The officer referred to in sub-section (2) shall convene a meeting of the elected members of the Panchayat for the consideration of the motion, to be held at the office of the Panchayat at a time appointed by him which shall not be later than fifteen working days from the date on which the notice under sub-section (2) is delivered to him. (4)The officer referred to in sub-section (2) shall send by registered post to the elected members of the Panchayat concerned notice of not less than even clear days of any meeting held under this section and the time appointed therefor. Notice regarding this shall be affixed in the office of the Panchayat. 72[(5) a meeting convened under the section shall be presided over by, - (a)the President, if the motion is against the Vice-President; (b)the Vice-President, if the motion is against the President; (c)by the Chairman of the Standing Committee in the order of preference mentioned in sub-section (1) of section 162, if the President or the VicePresident is unable to preside over the meeting as provided under clause (a) or clause (b) by reason of his absence from station or otherwise: Provided that where none under this clause also is able to preside over the meeting, also a member elected by the members of the Panchayat President at the meeting from among themselves shall preside over the meeting. (5A) the Officer authorised under sub-section (2) shall attend the meeting convened under this section, as an observer] (6)A meeting convened for the purpose of considering the motion under this section shall not be adjourned except for reasons beyond human control. The quorum required for such meeting shall be one half of the elected members of that Panchayat. (7)As soon as the meeting convened under this section has commenced the person presiding shall read at the meeting the motion for the consideration of which it has been convened and declared it to be open for debate. Omitted by Act 13 of 1999. Substituted by Act Substituted by Act 13 of 1999. (8)No debate on any motion under this section shall be adjourned except for reasons beyond human control. (9)A debate on any no-confidence motion shall automatically terminate on the expiry of 73[three hours] from the time appointed for the commencement of the meeting if it is not concluded earlier and upon the conclusion of the debate or upon the expiry of such period of [three hours] as the case may be, the motion shall be put to vote. [ (9A) Voting shall be by open ballot and the member who voted shall record in writing his name and signature on the reverse side of ballot paper.] (10)The person presiding shall not speak on the merit of the motion, and shall be entitled to vote thereon [except the right of a casting vote or second vote] (11)The copy of the minutes of the meeting together with the copy of the motion and the result of the voting therein shall forthwith, on the termination of the meeting, be forwarded to the Government by the officer referred to in sub-section (2). 76[(12) if the motion is carried with the support of the majority of the number of members of the Panchayat notified under sub-section (1) of Section 6, the President or the Vice-President as the case may be, shall cease to hold office thereafter and their offices shall be deemed to be vacant forthwith, and the officer authorised under subsection (2) shall report the vacancy in such offices to the Government and the State Election Commission and the fact shall be published in the notice board of the Panchayat, and on receipt of such a report the Government shall notify in the Gazette the cessation of office by the President or the Vice- President, as the case may be.] (13)If the motion is not carried by such majority as aforesaid or the meeting cannot be held for want of quorum, under sub-section (6), no notice of any subsequent motion expressing want of confidence in the same President or Vice-President or 73 74 * 76 77 78 [x x x] shall be received until after the expiry of six months from the date of meeting, or the date fixed for the motion, as the case may be. (14)No notice of a motion under this section shall be accepted within six months of the assumption of office by a President or a Vice-President. [**]

72[(5) a meeting convened under the section shall be presided over by, - (a)the President, if the motion is against the Vice-President; (b)the Vice-President, if the motion is against the President; (c)by the Chairman of the Standing Committee in the order of preference mentioned in sub-section (1) of section 162, if the President or the VicePresident is unable to preside over the meeting as provided under clause (a) or clause (b) by reason of his absence from station or otherwise: Provided that where none under this clause also is able to preside over the meeting, also a member elected by the members of the Panchayat President at the meeting from among themselves shall preside over the meeting. (5A) the Officer authorised under sub-section (2) shall attend the meeting convened under this section, as an observer] (6)A meeting convened for the purpose of considering the motion under this section shall not be adjourned except for reasons beyond human control. The quorum required for such meeting shall be one half of the elected members of that Panchayat. (7)As soon as the meeting convened under this section has commenced the person presiding shall read at the meeting the motion for the consideration of which it has been convened and declared it to be open for debate. Omitted by Act 13 of 1999. Substituted by Act Substituted by Act 13 of 1999.

(8)No debate on any motion under this section shall be adjourned except for reasons beyond human control. (9)A debate on any no-confidence motion shall automatically terminate on the expiry of

73[three hours] from the time appointed for the commencement of the meeting if it is not concluded earlier and upon the conclusion of the debate or upon the expiry of such period of [three hours] as the case may be, the motion shall be put to vote. [ (9A) Voting shall be by open ballot and the member who voted shall record in writing his name and signature on the reverse side of ballot paper.] (10)The person presiding shall not speak on the merit of the motion, and shall be entitled to vote thereon [except the right of a casting vote or second vote] (11)The copy of the minutes of the meeting together with the copy of the motion and the result of the voting therein shall forthwith, on the termination of the meeting, be forwarded to the Government by the officer referred to in sub-section (2).

76[(12) if the motion is carried with the support of the majority of the number of members of the Panchayat notified under sub-section (1) of Section 6, the President or the Vice-President as the case may be, shall cease to hold office thereafter and their offices shall be deemed to be vacant forthwith, and the officer authorised under subsection (2) shall report the vacancy in such offices to the Government and the State Election Commission and the fact shall be published in the notice board of the Panchayat, and on receipt of such a report the Government shall notify in the Gazette the cessation of office by the President or the Vice- President, as the case may be.] (13)If the motion is not carried by such majority as aforesaid or the meeting cannot be held for want of quorum, under sub-section (6), no notice of any subsequent motion expressing want of confidence in the same President or Vice-President or 73 74 * 76 77 78 [x x x] shall be received until after the expiry of six months from the date of meeting, or the date fixed for the motion, as the case may be. (14)No notice of a motion under this section shall be accepted within six months of the assumption of office by a President or a Vice-President. [**]

(1) Every member of a Panchayat shall have the right to move resolution and to interpellate the President or the Chairman of Standing Committee on matters falling within the administrative jurisdiction of the Panchayat in which he is a member subject to such rules as may be made by the Government. Substituted by Act 7 of 1995. Inserted by Act 11 A Ibid Omitted by Act 13 of 1999. Omitted by Act 13 of 1999. (2)Every member shall have access during office hours to the records [other than notified documents] of the Panchayat in which he is a member after giving due notice to the President. 80[********] (3)Every member may call attention of the Panchayat regarding the needs of the people of the Panchayat area on the default made in the work 81[and the scheme] undertaken by the Panchayat or regarding other matters of public importance. [159. Panchayat members, to submit statements regarding assets. - (1) A member of the panchayat shall, within three months from the date of assuming his office, file a statement of assets and liabilities of himself and of the members of his family, in the form prescribed before the competent authority authorised in this behalf by the Government by notification in the gazette: Provided that, a person who is a member of the Panchayat, at the commencement of this Act shall submit such a statement to the competent authority, before the date specified by the Government in this behalf. (2)Where a member of the Panchayat who filed a statement under sub-section (1) acquires any asset in the name of himself or other members of his family or disposes or creates nay liability thereafter on the assets specified in the statement he shall file a statement in this regard to the competent authority within three months from the date of such acquisition or disposal or creation of liability, as the case may be. (3)Any member of the Panchayat who makes a statement under sub-section (1) or sub- section (2) which is false and which he knows or believes to be false or does not believe to be true shall be liable to be proceeded against in accordance with law, for filing such false statement. (4)Where a member of the panchayat fails to file such a statement to the competent authority within the date specified under sub-section (1) and sub-section (2), action may be taken to disqualify him from continuing as member of the panchayat under section 35. Explanation 1. - For the purpose of this section “family” of a member of the Panchayat means, wife or husband of that member and his parents, married sisters and children who are dependent on him. Explanation 2. - For the purpose of this section “asset” means all immovable properties and movable properties worth not less than Rupees ten thousand]

A Ibid Omitted by Act 13 of 1999. Omitted by Act 13 of 1999.

(2)Every member shall have access during office hours to the records [other than notified documents] of the Panchayat in which he is a member after giving due notice to the President.

80[********] (3)Every member may call attention of the Panchayat regarding the needs of the people of the Panchayat area on the default made in the work

81[and the scheme] undertaken by the Panchayat or regarding other matters of public importance. [159. Panchayat members, to submit statements regarding assets. - (1) A member of the panchayat shall, within three months from the date of assuming his office, file a statement of assets and liabilities of himself and of the members of his family, in the form prescribed before the competent authority authorised in this behalf by the Government by notification in the gazette: Provided that, a person who is a member of the Panchayat, at the commencement of this Act shall submit such a statement to the competent authority, before the date specified by the Government in this behalf. (2)Where a member of the Panchayat who filed a statement under sub-section (1) acquires any asset in the name of himself or other members of his family or disposes or creates nay liability thereafter on the assets specified in the statement he shall file a statement in this regard to the competent authority within three months from the date of such acquisition or disposal or creation of liability, as the case may be. (3)Any member of the Panchayat who makes a statement under sub-section (1) or sub- section (2) which is false and which he knows or believes to be false or does not believe to be true shall be liable to be proceeded against in accordance with law, for filing such false statement. (4)Where a member of the panchayat fails to file such a statement to the competent authority within the date specified under sub-section (1) and sub-section (2), action may be taken to disqualify him from continuing as member of the panchayat under section 35. Explanation 1. - For the purpose of this section “family” of a member of the Panchayat means, wife or husband of that member and his parents, married sisters and children who are dependent on him. Explanation 2. - For the purpose of this section “asset” means all immovable properties and movable properties worth not less than Rupees ten thousand]

President of District Panchayats. — (1) There shall be paid [“honorarium”] at such rate as may be prescribed to the President, the Vice-President and other elected members of Panchayat.

79 81

Inserted by Act 13 of 1999. Omitted by Act 13 of 1999. Substituted by Act 13 of 1999. Substituted by Act 13 of 1999. I bid.

(2)The President of a district Panchayat shall be entitled without payment of rent, to the use of a house at the Headquarters of the District Panchayat throughout his term of office and for a period of fifteen days immediately thereafter or in lieu thereof to a house rent allowance as may be prescribed. (3)The District Panchayat shall provide suitable conveyance for the use of the President of the District Panchayat throughout his term of office and for a period of fifteen days immediately thereafter. (4)The President and the Vice President of a Panchayat at any level shall be entitled, while touring on public business, to travelling and daily allowances at such rates as

84[prescribed]. (5)Every member of a Panchayat other than the President of a district panchayat shall be entitled to receive travelling and daily allowance at such dates as

85[prescribed] for attending the meetings of the Panchayat or of any committee thereof. Ibid. Ibid