Chapter VII CONDUCT OF BUSINESS

Zilla Parishads.

1. (1) A Zilla Parishad may meet as often as may be necessary, but three months shall not intervene between its last meeting and the date of its next meeting. 1[(2) Subject to the provisions of this section, the State Government shall make rules consistent with this Act, with respect to the place, conduct and adjournment of such meetings, and generally with respect to the transaction of business thereat.]
2. (3) The President shall fix the dates for meetings, and may whenever he thinks fit, and shall, upon the written request of not less than 2[two-fifth] of the 3[total number of Councillors
   • • * * * who are for the time being entitled to sit and vote at any meeting of the Zilla Parishad] and within seven days from the receipt of such request, issue notice calling a special meeting: 5[Provided that, special meeting shall not be called within sixty days from the date of immediately preceding meeting of Zilla Parishad : Provided further that, if the President receives the request for calling a special meeting within sixty days from the date of preceding meeting of Zilla Parishad, then the President may, either call a special meeting within sixty days or reject the request by recording the reasons thereof : Provided also that, where a special meeting is called the notice of meeting shall state a date at which the meeting is to be held, being a date not later than thirty days from the date of the issue of the notice.]
3. (4) Fifteen clear days’ notice of an ordinary meeting, and ten clear days’ notice of a special meeting, specifying the time and place at which such meeting is to be held, and the business to be transacted thereat, shall be circulated to the Councillors and posted up at the office of the Zilla Sub-section (2) was substituted by Mah. 35 of 1963, s. 49(1). These word were substituted for the words “one-fifth” w.e.f. 7 th Ocotober 2017, by Mah. 47 of 2018, s. 2(a). These words and brackets were substituted for the word “Councillors” by Mah. 6 of 1975, s. 35(a). The brackets and words “(other than associate Councillors)” were deleted by Mah. 21 of 1994, s. 74(1). These provisos were substituted w.e.f. 7 th Ocotober 2017, by Mah. 47 of 2018, s. 2(b).

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Samitis Act, 1961 Parishad. Such notice shall, in the case of special meeting, include a motion or proposition, if any, mentioned in the written request made for such meeting:

1[Provided that, where a meeting is called under this Act for the election of President and Vice-President, the notice of the meeting to the persons falling under clause (c) of sub-section (1) of section 9 may be given as soon as possible after their names are published under sub-section (2) of section 9, and such notice shall be deemed to be sufficient notice to those persons for attending that meeting.]

1. (5) Every meeting shall be presided over by the President, or if he be absent, the Vice-President, and if both the President and Vice-President be absent, by such one of the Councillors present as may be chosen by the meeting to be Chairman for the occasion: 2[Provided that, no Councillor contesting an election to fill a vacancy in any office shall preside over the meeting held for filling in the vacancy in that office.]
2. (6) All questions shall be decided by a majority of votes of the Councillors present and voting, the presiding authority having a second or casting vote in all cases of equality of votes.
3. (7) If less than one-third of the total number of Councillors 3[
   • • * * * who are for the time being entitled to sit, vote or participate in any meeting of the Zilla Parishad] be present at a meeting at any time from the beginning to the end thereof, the presiding authority shall adjourn the meeting to such hour on the following or some other future date as he may reasonably fix; a notice of such adjournment shall be put up in the office of the Zilla Parishad, and the business which would have been brought before the original meeting, had there been a quorum thereat, shall be brought before the adjourned meeting, and may be disposed of at such meeting or at any subsequent adjournment thereof, whether there be quorum present or not.
4. (8) Except with the permission of the presiding authority (which permission shall not be given in

the case of a motion or proposition to modify or cancel any resolution within three months after the

passing thereof), no business shall be transacted and no proposition shall be discussed at any ordinary meeting, unless it has been entered in the notice convening such meeting or, in the case of special meeting, in the written request for such meeting.

1. (9) The order in which any business or proposition may be brought before any meeting shall be determined by the presiding authority, who in case it is proposed by any Councillor to give priority to any particular item of such business or to any particular proposition, shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal.
2. (10) Any ordinary meeting may, with the consent of a majority of Councillors present, be adjourned from time to time, but no business shall be transacted at any adjourned meeting other than that left undisposed of at the meeting from which the adjournment took place.
3. (11) No resolution of a Zilla Parishad shall be modified or cancelled within three months after the passing thereof, except by a resolution supported by not less than one-half of 5[the number of Councillors] present and passed at an ordinary meeting, whereof notice as required by sub-section (4) has been given and setting forth fully the resolution which it is proposed to modify or cancel at such meeting, and the motion or proposition for the modification or cancellation of such resolution.
4. (12) Every meeting shall be open to the public, unless the presiding authority deems any inquiry or deliberation pending before the Zilla Parishad should be held in private, and provided that the said officer may at any time cause any person who interrupts the proceeding to be removed.
5. (13) Records shall be kept of the names of Councillors present and others who attend the meetings of the Zilla Parishad under the provisions of this Act and of the proceedings at each meeting This proviso was added by Mah. 22 of 1962, s. 7. This proviso was added by Mah. 43 of 1964, s. 20(b). This portion was inserted by Mah. 6 of 1975, s. 35(b). The brackets and words “(including associate Councillors)” were deleted by Mah. 21 of 1994, s. 74(2). These words were substituted for the words “the whole number of Councillors” by Mah. 43 of 1962, s. 15.

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Samitis Act, 1961 of the Zilla Parishad (and if any Councillor present at the meeting so desires, of the names of the Councillor voting, for and against any resolution) in a minute book to be provided for this purpose,

1[the minutes shall be recorded, as soon as practicable after the meeting and shall be placed before the next meeting of the Zilla Parishad for confirmation and shall after confirmation in that meeting, be signed by the presiding authority of such meeting. The minutes shall at all times be open to inspection by any Councillor or by any voter of the Zilla Parishad: Provided that, a copy of every resolution passed at the meeting shall be kept in a separate book to be provided for the purpose which shall be read over and confirmed in the same meeting and shall be signed by the presiding authority of such meeting, immediately at the end of the meeting. Every such resolution shall form part of the minute book.]

1. (14) If any Minister desires to discuss with the Zilla Parishad any matter relating to the work of the Parishad or the development of the District, the Minster may by letter request the President to call

a meeting of the Zilla Parishad on such date, and at such hour as the Minister may mention therein

2[and notwithstanding anything contained in sub-section (4), the President shall,] on receipt of such letter, summon the meeting accordingly at the office of the Parishad.

(1) During any vacancy in a Zilla Parishad, the continuing Councillors may act as if no vacancy had occurred.

1. (2) The Zilla Parishad shall have power to act notwithstanding any vacancy in the Councillorship, or any defect in the constitution, thereof; and such proceeding of the Parishad shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled to do so sat or voted or otherwise took part in the proceedings. 3[(3) No act or proceeding of a Zilla Parishad shall be deemed to be invalid on account of any defect or irregularity in any such act or proceeding not affecting the merits of the case or on account of any irregularity in the service of notice upon any Councillor or for mere informality.]

1. (1) Notwithstanding anything contained in section 111, a President may convene a meeting of the Zilla Parishad to enable such dignitaries as the State Government may, by general or special order, specify in this behalf to address the Councillors.
2. (2) The President shall, as far as practicable, inform the Councillors of such meeting and of the time and place thereof at least two days before the meeting.

Parishad.— If it shall appear to a Zilla Parishad that the attendance of any officer of the State Government having jurisdiction over an area less than a division, and not working under any Zilla Parishad, is desirable at a meeting of the Zilla Parishad, the President shall by letter addressed to

such officer not less than fifteen days before the intended meeting, require his presence thereat; and

the officer shall, unless prevented by sickness or other reasonable cause, attend the meeting : Provided that, the officer on receipt of such letter may, if he for any of the cause aforesaid is unable to be present thereat himself, instruct his deputy or assistant or other competent subordinate officer to represent him at the meeting.

1. (1) In matters prescribed by regulations made by the Parishad, being matters for which in its opinion it is unnecessary to convene a meeting, the President may circulate a written proposition of his own, or of any other Councillor or of any executive officer of the Zilla Parishad for the observations and votes of Councillors.
2. (2) The decision on any proposition so circulated, shall be in accordance with the majority of votes recorded thereon. This portion was substituted for the portion beginning with the words “which shall be signed immediately” and ending with the words “any voter of the Zilla Parishad” by Mah. 6 of 1975, s. 35(c). This portion was substituted for the words “and the President shall” by Mah. 35 of 1963, s. 49(2). Sub-section (3) was substituted by Mah. 35 of 1963, s. 50.

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1. (3) Every decision arrived at by the Zilla Parishad under this section shall be recorded in the minute-book kept under sub-section (13) of section 111.

1. (1) Subject to the provisions of this Act, the Chief Executive Officer may, on behalf of the Zilla Parishad or on its behalf for the purposes of a Panchayat Samiti, enter into any contract or agreement in such manner and form as, according to the law for the time being in force, would bind him if such contract or agreement were on his own behalf.
2. (2) Every such contract or agreement shall be in writing, and shall be signed by the Chief Executive Officer, and in the case of a contract or agreement the subject matter of which exceeds five thousand rupees shall also be sealed with the common seal of the Zilla Parishad.
3. (3) The powers conferred on the Chief Executive Officer by this section may be exercised subject to his control and subject to the provisions of this Act and such conditions and limitations, if any, as he shall think fit to prescribe, by any head of a Department of the Zilla Parishad, or a Block Development Officer, whom the Cheif Executive Officer empowers generally or specially by an order in writing in this behalf. A copy of every such order made shall be sent forthwith by the Chief Executive Officer to the President and the Standing Committee or Subjects Committee or Panchayat Samiti concerned, for information.
4. (4) No contract or agreement not executed as in this section provided, shall be binding on a Zilla Parishad.] Panchayat Samitis.

A Panchayat Samiti may meet, as often as may be

necessary, but one month shall not intervene between its last meeting and the date of its next meeting.

The provisions of sections 111 and 112 in relation to meetings of a Panchayat Samiti and of section 115 in relation to circulation of written propositions, shall apply as they apply in relation to meetings of a Zilla Parishad or in relation to circulation of written propositions with the modification that—

2[(1a) sub-section (1) of section 111 shall be deleted,];

1. (a) for the words “Zilla Parishads” or the word “Parishad” the words “Panchayat Samiti”,
2. (b) for the word “President” the words “Chairman of a Panchayat Samiti”,
3. (c) for the words “Vice President” 3[wherever they occur except in sub-section (4) of section 111,] the words “Deputy Chairman of a Panchayat Samiti *****,
4. (d) for the words “Councillor” and “Councillors” the words “member” and “members”, respectively, 5[(d1) in sub-section (4) of section 111, for the word “fifteen” the word “ten” and for the word “ten” the word “seven”,] shall be substituted, * 6, 7 [(e) in section 111, in sub-section (4), the proviso shall be deleted.] Standing and Subjects Committees. Section 116 was substituted by Mah. 16 of 1964, s. 2. Clause (1a) was inserted by Mah. 35 of 1963, s. 51(1). These words were inserted by Mah. 35 of 1963, s. 51(2). The word “and” was deleted by Mah. 22 of 1962, s. 8. Clause (d1) was inserted by Mah. 35 of 1963, s. 51(3). Amendment made by section 36 of Mah. 6 of 1975 has not been brought into force. This clause was substituted for clauses (e) and (f) by Mah. 6 of 1975, s. 36.

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Samitis Act, 1961

1[(1)] Each Standing

Committee and Subjects Committee may meet as often as may be necessary, but one month shall not intervene between its last meeting and the date of its next meeting, and shall observe such procedure in regard to the transaction of business at its meetings

2[as the State Government may by rules prescribe in that behalf.]

3[(2) The provisions of sub-sections (1) and (2) of section 112 shall apply in relation to the meetings of a Standing or Subjects Committee, as they apply in relation to the meetings of a Zilla Parishad with the modification that—

1. (a) for the words “Zilla Parishad the words “Standing Committee or Subjects Committee” shall be substituted; and
2. (b) for the words “Councillors” and “Councillor” the words “members” and “member” shall, respectively, be substituted;
3. (c) for the word “Councillorship” the word “membership” shall be substituted;
4. (d) for the words “the Parishad” the words “any such Committee” shall be substituted.]

Subjects Committees, as the case may be.— If it appears to a Standing Committee or Subjects Committee that the attendance of any officer of the State Government having jurisdiction over an area less than a division, and not working under any Zilla Parishad is desirable at a meeting of the Standing Committee, or as the case may be, the Subjects Committee, the Chairman of the Standing Committee or, as the case may be, of the Subjects Committee shall by letter addressed to such officer not less than fifteen days before the intended meeting, require his attendance thereat ; and the officer shall, unless prevented by sickness or other reasonable cause, attend the meeting : Provided that, the officer on receipt of the letter may, if he for any of the causes aforesaid is unable to be present thereat himself, instruct his deputy or assistant or other competent subordinate officer to represent him at the meeting.

(1) Whenever it appears to the Chairman of a Standing Committee or a Subjects Committee unnecessary to convene a meeting he may circulate a written proposition of his own or of any other member of the Committee or of Executive Officer of the Zilla Parishad for the observations and votes of members of the Committee.

1. (2) The decision on any proposition so circulated shall be in accordance with the majority of votes recorded thereon.

Where any Minister desires to discuss with the Standing Committee, or any Subjects Committee, any matter in relation to any of the subjects allotted to or dealt with by such Committee, the Minister may by letter addressed to the President request him to arrange a meeting of the Committee on such date and at such hour as the Minister mentions therein,

4[and, notwithstanding anything contained in any rules made under section 119, the President shall], on receipt of such letter, take all steps to summon such meeting accordingly, at the office of the Committee.