Function of President and Vice-President

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.