Chapter XVIII FUNCTION OF THE GOVERNMENT

The administrative set up of panchayat in the State shall consist of Village Panchayats, Block Panchayats, District Panchayats and

Power to inspect records etc. of Panchayats. - (1) The Government or any officer empowered by the Government in which behalf, may, - (a)call for any record, register or other document in the possession, or under the control of any panchayat:

127[Provided that, the document, register, or records furnished by the panchayat shall be returned in original to the panchayat, within ninety days of its receipt by the Government, and attested copy of the same shall be retained by the Government if necessary.] (b)require any Panchayat to furnish any return, plan, estimate, statement of accounts; (c)require any Panchayat to furnish any information or report on any matter connected with such panchayat; (d)require any Panchayat to obtain their previous sanction before giving up a claim or closing down any institution which is a source of income; and (e)record in writing for the consideration of [any Panchayat] any observation in regard to the proceedings or duties of the Panchayat; and (f)have power to inspect any office or any records or other documents of the Panchayats or movable properties kept therein or any work or institution or property under the control of the Panchayat; (2)Every Panchayat, President, Secretary and Other Officer shall be bound to give facilities for exercising duties under [* *] sub-section (1).

130[(3) The Government may, in the manner prescribed arrange periodical performance audit in respect of the administration of the panchayat.]

The heads of Departments concerned and other technical officers nominated by them may inspect the works and development Substituted by Act 13 of 1999. I bid Added by Act 13 of 1999. Substituted by Act 7 of 1995. Omitted by Act 13 of 1999. Added by Act 13 of 1999. Added by Act 13 of 1999.

schemes implemented by any officer of that department under the control of any panchayat and also inspect relevant records pertaining to such works and development schemes, in the manner specified by the Government.

Notwithstanding anything contained in this Act, the Government shall have the power to issue general guidelines to the panchayats in accordance with the National and State Policies in matters such as finance, maintenance of accounts, officer management, formulation of schemes, selection of sites and beneficiaries, proper functioning of Grama Sabha, welfare programmes and environmental regulations and panchayats shall comply with such directions. (2)If there is any default in the implementation of schemes or maintenance of accounts or complaint is received in the matter, Government may arrange for enquiry into the matter and the panchayat shall co-operate with such enquiry. (3)After such enquiry, Government may take such action as is necessary and permissible under this Act.]

(1) If, at any time, it appears to the Government that a panchayat, or its President or its Secretary has made default in performing any duty imposed by or under this Act or in carrying out any orders lawfully issued by the Government may, by order in writing, fix a period for the performance of such duty, or the carrying out of such order. (2)If such duty is not performed or such order is not carried out within the period fixed under sub-section (1) the Government may, after giving a reasonable opportunity to the Panchayat or its President or its Secretary, as the case may be, to explain why further action under this section may not be pursued, appoint any officer, or authority to perform the duty or to carry out the functions and may direct that the expenses incurred therefore shall be paid from the fund of the panchayat within such time as may be specified by the Government. (3)If the expenses which the Government may direct under sub-section (2) to be paid from the fund of the Panchayat are not paid as provided in that sub-section, the Government may make an order directing the persons having the custody of the said fund to pay it in priority to any other charges against that fund, except charges for the service of authroised loans. (4)The person referred to in sub section (3), shall as far as the funds to the credit of the

Power of cancellation and suspension of resolutions etc. -

1. (1) Government may either suo moto or, on a reference by President, Secretary or a member, or on a petition received from a citizen, cancel or very a resolution passed or a decision taken by the panchayat if in their opinion such decision or resolution - Substituted by Act 13 of 1999. (a)is not legally passed or taken; or (b)is in excess of the powers conferred by this Act or any other law or its abuse; or (c)is likely to endanger human life, health public safety, communal harmony or may lead to riot or quarrel; or (d)is in violation of the directions or provisions of grant issued by Government in the matter of implementing the plans, schemes or programmes. (2)Before cancelling or amending a resolution or decision as per sub-section (1), the Government may refer the matter for consideration either of the ombudsman constituted under section 271 G or the tribunal constituted under section 271S and the ombudsman or the tribunal, as the case may be; after giving the panchayat an opportunity of being head, send a report to the Government with its conclusions and the Government may, on its basis cancel, amend or confirm the resolution or decision. (3)If another remedy is available to the petitioner through the tribunal under section 276, the Government shall not consider any petition for cancelling or amending any resolution or decision of the Panchayat. (4)If Government consider that a resolution or decision of the Panchayat has to be cancelled or amended as per sub-section (1) it may suspend such resolution or decision temporarily and

may direct the panchayat to defer its implementation till the final disposal after the

completion of the procedure under sub-section (2).] [192. Administration report of the Panchayat. - (1) Every panchayat shall prepare a report in respect of this administration every year in such form and with such details as may be prescribed by Government in accordance with the provisions of this section and publish the same before the thirtieth of September of the succeeding year and if the report is not published within the said time limit, Government may withhold the payment of grants due to the panchayat thereafter. (2)The draft of the administration report in respect of the institutions and offices under the administrative control of the panchayat shall be prepared by the heads of such institutions and offices and shall be furnished to the Secretary of the panchayat and he shall prepare the draft of the administration report of that panchayat in consultation with the President of the panchayat and shall be submitted before the panchayat for its approval. (3)The panchayats within a district shall immediately after the approval and publication of the administration report, forward it to the officer authorised by the Government in this behalf and the Village Panchayats and Block Panchayats also shall furnish their administration reports to the District Panchayat. Substituted by Act 13 of 1999.

(4)The officer authorised by the Government shall submit a consolidated report containing the abstracts of the administration reports of the Village Panchayats, Block Panchayats and District Panchayats, to Government before the 31 st of December every year. (5)The Government shall, as soon as may after the receipt of the consolidated report cause it to be laid before the Legislative Assembly in its next session along with a review report of

Dissolution of Panchayats. - (1) If a panchayat fails to pass the budget of the panchayat for the succeeding financial year before the end of a financial year, which causes financial crisis or majority of its members resign from office or is disqualified, the Government shall, by notification in the Gazette, dissolve the panchayat from the date specified therein and a copy of the same forwarded to the State Election Commission by the Government. Provided that, the panchayat shall be given a reasonable opportunity of being heard before such dissolution. (2)If the Government is of opinion that panchayat persistently makes default in performing the duties imposed on it by law or in carrying out the orders or directions lawfully issued by the Government or exceeds or abuses its powers, the Government may by notification in the Gazette, dissolve the said panchayat and shall forward a copy of the same to the State Election Commission: Provided that, before such dissolution, the Government shall communicate to the panchayat the proposal to dissolve the panchayat along with the reasons for the same and give the panchayat a reasonable opportunity to show cause against it and shall consider the objections or explanation, if any: Provided further that, if it is proposed to dissolve the panchayat after considering the objections or explanation of the panchayat, it shall seek the advice of the Ombudsman constituted under section 271G and take a final decision on the basis of such advice.] (3)Upon the publication of a notification under sub-section (1) [or sub-section (2)] all the members of the Panchayat including the President and Vice-President shall forthwith be deemed to have vacated their offices as such, and fresh election, shall be held in accordance with the provisions of this Act. (4)The members of a reconstituted Panchayat shall enter upon their offices on the date fixed for the reconstitution of the Panchayat and shall continue only for the remainder of the period for which the dissolved panchayat would have continued under the provisions of this Act had it not been so dissolved. 134 135 Substituted by Act 13 of 1999. Inserted by Act 13 of 1999.

136[(5) The administration of the panchayat during the interval between the dissolution and reconstitution of panchayat shall be exercised by the special officer or administrative committee appointed under sub-section (2) of section 151.] (6)when a Panchayat is dissolved under sub-section (1) [or sub-section (2)] the administrative committee or the special officer appointed by the Government until the date of reconstitution thereof, and the reconstituted Panchayat thereafter shall be entitled to all the assets and be subject to all the liabilities of the Panchayat as on the date of dissolution and on the date of reconstitution respectively. (7)Every notification issued under sub-section (1) [or sub-section (2)] shall be laid, as soon as may be after it is issued, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions; and if before the expiry of session in which it is so laid or the session immediately following the Legislative Assembly makes any modification in the notification or decides that the notification should not be issued, the notification shall thereafter have effect only in such modified form or have no effect, as the case may be ; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.

and liability of Panchayat fund. - The Government or any other officer lawfully

taking action on behalf, or in default, of a Panchayat under this Act shall have all such powers as are necessary for the purpose and shall be entitled to the same protection under this Act as the Panchayat or its employees whose powers are exercised; and compensation shall be recoverable from the Panchayat’s fund by any person suffering damage from the exercise of such powers to the same extent, as if the action had been taken by the Panchayat or its employees. 136 137 138 substituted by Act 13 of 1999. Inserted by Act 13 Substituted by Act 13 of 1999.