Chapter III CONSTITUTION OF GRAM MANDAL

1. (1) On the declaration of a village to be Gramdan village under section 4 all persons whose names are included in the register referred to in section 10 shall be deemed to constitute a Gram Mandal for the Gramdan village from the date specified in the declaration aforesaid; and the Gram Mandal shall have all such powers and discharge all such functions as are vested in, or conferred on, it by or under this Act, or otherwise.
2. (2) Every Gram Mandal so established shall be a body corporate by the name of "Gram Mandal of . . . . . . . . " having perpetual succession and a common seal, with power to enter into contracts; and subject to the provisions of this Act, to acquire, hold, administer or dispose of property, both movable and immovable, whether within or without the limits of the Gramdan village over which it has authority, and may in its corporate name sue and be sued.

1. (1) The electoral roll of the Maharashtra Legislative Assembly prepared under the provisions of the Representation of the People Act, 1950 (43 of 1950) for such part of the constituency of the Assembly as is included in the Gramdan village shall be the register of members of the Gram Mandal for such Gramdan village. The register shall also include names of persons who have donated their lands by way of Gramdan but who are not residing in the village.
2. (2) An officer designated by the Collector in this behalf shall maintain the register of members for Gramdan village, and it shall be brought up-to-date at such intervals as may be prescribed.
3. (3) Every person whose name is in the register of members shall, unless disqualified under any law for the time being in force, be qualified to vote at a meeting of the Mandal.
4. (4) Subject to any disqualification incurred by a person, the register of members shall be conclusive evidence for determining under this section whether any person is qualified or is not qualified to vote at any meeting of the Mandal.

1[11. Election and term of office of President and Vice-President of Gram Mandal.- (1) Every Gram Mandal shall be presided over by a President, who shall be elected by the Mandal, from amongst its members. The Mandal shall also elect one of its members to be its Vice-President : Provided that, no person shall be elected as President or Vice-President, if he has not filed a declaration of voluntary transfer of any land by way of Gramdan under sub-section (1) of section 5 of this Act or if he is disqualified for being chosen as, or for continuing as, a member of a Panchayat under the Panchayats Act.

1. (2) The Gram Mandal shall make regulations for the conduct of election of the President and the Vice-President, including provision for deposit, if any, to be made by candidates, and for their return or forfeiture, for appeal against the decision of a returning officer accepting or rejecting the nomination paper, for setting disputes arising as to validity of election of the President and the Vice-President, and finality of such decision in such cases.
2. (3) Save as otherwise provided in this Act, the President and the Vice-President shall hold office for a term of four years commencing on the date of their election; but shall, subject to the provisions of section 13, be eligible for re-election.
3. (4) The President shall exercise such powers and discharge such duties and functions as are conferred or imposed on him by this Act and as may be provided by regulations made in this behalf. In the absence of the President, the powers and duties of the President shall, save as may be otherwise provided by regulations made by the Mandal, be exercised and performed by the Vice-President.
4. (5) The President shall, notwithstanding the expiration of his term, continue to carry on such of the administrative duties of his office as may be specified by regulations made in this behalf, until his successor enters upon his office.

1. (1) The President may resign his office by writing under his hand addressed to the Collector.
2. (2) The Vice-President may resign his office by writing under his hand addressed to the President and if the office of the President is vacant, to the Collector.
3. (3) The resignations of the President and the Vice-President shall take effect from such dates, as may be provided by regulations made in this behalf.

1. (1) The President or the Vice-President may be removed from office by passing a no-confidence motion at a special meeting (of which notice of not less than seven days is displayed in a prominent place in the office of the Gram Mandal, before the meeting) in accordance with the regulations made in this behalf : Provided that no President or Vice-President shall be removed from office unless such motion is carried by a majority of not less than two-thirds of the total number of members present and voting at the meeting, and the President or the Vice-President, as the case may be, has been given a reasonable opportunity to furnish an explanation.
2. (2) If the President, and in his absence the Vice-President, fails to call the Special meeting, within ten days of a requisition therefor, any member may request the Collector to call the meeting, and the Collector shall, notwithstanding anything contained in this Act or in any regulations made thereunder, within ten days of the receipt of such request, call the special meeting of the Mandal for the consideration of the no-confidence motion. The Collector shall preside at such meeting; but he shall neither speak on the merits of the motion nor shall be entitled to vote.
3. (3) A President or a Vice-President removed from office as aforesaid shall not be eligible for reelection during the remainder of the term of his office.

1. (1) In the event of a vacancy in the office of the President, or the Vice-President, by reason of death, resignation, removal or otherwise, the vacancy shall, subject to the provisions of sections 11 and 13, be filled as conveniently as may be by election of a new President or a new Vice-President, as the case may be, who shall hold office so long only as the President or the Vice-President in whose place he is elected would have held that office, if the vacancy had not occurred.
2. (2) When the office of the President becomes vacant, the Vice-President shall, pending the election of the President, exercise all the powers and perform all the duties and functions of the President.
3. (3) If both the offices of the President and the Vice-President are vacant, such officer of the Mandal as the Collector may appoint in this behalf shall, pending the election of the President or the Vice-President, exercise all the powers and perform all the duties and functions of the President, but he shall not have the right to vote at any meetings of the Mandal or of any Committee thereof.

Every Gram Mandal shall appoint in the manner hereinafter provided an Executive Committee and may also appoint such other Committees as it thinks fit.

1. (1) The Gram Mandal shall establish an Executive Committee consisting of,-
   • (a) the President, and
   • (b) such number of members (not being less than two and not more than fourteen) as may be determined by the Gram Mandal and elected by it from amongst its members in the manner provided by regulations in that behalf : Provided that, no person shall be elected a member if he is disqualified for being chosen as or for continuing as a member of a panchayat under the Panchayats Act.
2. (2) The President shall be the ex-officio Chairman of the Executive Committee.

1. (1) A Gram Mandal may, subject to regulations made in this behalf, appoint the following functional committees, namely :-
   • (a) Agriculture Committee,
   • (b) Education Committee, and
   • (c) Health Committee. Each such committee shall consist of such number of members, and shall exercise such powers, and discharge such duties, as the Gram Mandal may determine in this behalf.
2. (2) A Gram Mandal may, subject to regulations made in this behalf, from time to time appoint any committee consisting of such number of members and other persons and for such period as the Mandal may decide, and refer to such committee for inquiry and report such matters relating to the purposes of this Act as the Mandal may think fit; and direct that the committee shall submit its report to the Executive Committee.

1. (1) The term of office of members of an Executive Committee shall be such as may be provided by regulations made in that behalf.
2. (2) Any member of an Executive Committee may resign his office by writing under his hand addressed to the Chairman; and his office shall thereupon become vacant.
3. (3) In the event of a vacancy in the office of any member by reason of death, resignation or otherwise, the vacancy shall be filed in as conveniently as may be by election of a new member who shall hold office so long as the member in whose place he is elected would have held it if the vacancy had not occurred.
4. (4) During any vacancy in an Executive Committee, the continuing members may act as if no vacancy had occurred.

An Executive Committee shall exercise such powers, discharge such duties and perform such functions as may be provided by regulations made in this behalf : Provided that, it shall be law-ful for an Executive Committee to delegate any of its powers, duties and functions to the Chairman in accordance with regulations made in that behalf.

The business of a Gram Mandal and of its committees shall be conducted in such manner as may be prescribed by regulations, and such regulations may specify the cases in which the decisions of the Gram Mandal or of its committees shall be on the basis of unanimity or near unanimity, that is, a majority of not less than seventy-five per cent of the members present and voting at the meeting.

1. (1) A Gram Mandal may appoint,-
   • (a) a Secretary who shall exercise such powers and discharge such duties as may be prescribed by regulations or as may be delegated to him by the President;
   • (b) such other officers and employees as may be necessary for the efficient performance of its functions.
2. (2) The Secretary and other officers and employees shall be paid such salaries and allowances and shall be subject to such terms and conditions as may be, prescribed by regulations made in that behalf.
3. (3) A Gram Mandal may, in such circumstances and in such manner as may be prescribed by regulation, remove the Secretary or other officer or employee from service.