Chapter X Chapter X

Controlling Authorities

Appointment of officers to supervise Panchayats.—

1. (1) The Government may appoint such officers as they may think fit for the purpose of inspecting or superintending the operations of all or any of the Panchayats constituted under this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, the

Powers of Inspecting Officers Powers of Inspecting Officers.— Any officer appointed by the Government under Section 199 or any other officer authorized by the Government may—

1. (a) enter on and inspect any immovable property, or any work in progress, under the control of any Panchayat or any institution maintained by or under the control of any Panchayat;
2. (b) enter on and inspect any office of any Panchayat;
3. (c) require any Panchayat to furnish such statements, accounts, reports or copies of documents relating to the proceedings or duties of the Panchayat, as he may think fit;
4. (d) record in writing for the consideration of any Panchayat any observations in regard to the proceedings or duties of such Panchayat.

Powers of officers for purpose of control.-

1. (1) The Inspector or any officer or person whom the Government or the Inspector may empower in this behalf, may enter on and inspect, or cause to be entered on and inspected, any immovable property or any work in progress under the control of any Panchayat or any institution under its control and management or any register, book, accounts or other documents in the possession or under the control of such Panchayat.
2. (2) The Inspector or any other person empowered by the Government in this behalf may -
   • (a) call for any document in the possession or under the control of a Panchayat;
   • (b) require a Panchayat to furnish such statements, accounts, reports or copies of documents relating to the proceedings or duties of the Panchayat as he may think fit;
   • (c) move the Panchayat for the consideration of any matter which he considers necessary;
   • (d) inspect any office of a Panchayat or any records or registers therein.

Powers to suspend or cancel resolution, etc. under the Act.-

1. (1) The Inspector may, by order in writing, -
   • (i) suspend or cancel any resolution passed, order issued, or licence or permission granted, or
   • (ii) prohibit the doing of any act which is about to be done or is being done in pursuance or under colour of this Act, if, in his opinion, -
   • (a) such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorized; or
   • (b) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or any other law; or
   • (c) the execution of such resolution or order, or the continuance in force of such licence or permission or the doing of such act is likely to cause danger to human life, health or safety, or is likely to lead to a riot or affray.
2. (2) The Inspector shall, before taking action under sub-section (1), give the Panchayat an opportunity for explanation.
3. (3) The power conferred on the Inspector under sub-section
4. (1) may also be exercised by the Government.

Emergency powers of Collector and Inspector. – The Collector or the Inspector may, by order in writing, suspend or prohibit the execution of any resolution passed, order issued, or licence or permission granted or prohibit the doing of any act which is about to be done or is being done in pursuance of or under colour of this Act, if, in his opinion, the resolution, order, licence, permission or act is in excess of the powers conferred by law or the execution of such resolution or order, or the doing of such act is likely to cause danger to human life, health or safety, or is likely to lead to a riot or affray: Provided that nothing in this section shall enable the Collector or the Inspector to set aside any resolution which has been passed by the Panchayat concerned, without giving the Panchayat an opportunity to explain.

Power to take action in default of a Village Panchayat, President or Executive Authority, etc. –

1. (1) If at any time it appears to the Inspector that a Village Panchayat, President or Executive Authority or to the Government that a Panchayat Union Council or District Panchayat, Chairman or Commissioner or Secretary has made default in performing any duty imposed by or under this Act or any other law, he or they may, by order in writing, fix a period for the performance of such duty.
2. (2) If such duty is not performed within the period so fixed, the Inspector or the Government, as the case may be, may appoint some person to perform it, and may direct that the expense of performing it shall be paid, within such time as he or they may fix, to the Government by the Village Panchayat, Panchayat Union Council or District Panchayat.
3. (3) If the expense is not so paid, the Inspector or the Government, as the case may be, may direct the person having the custody of the Village Panchayat Fund, Panchayat Union Fund or District Panchayat Fund, as the case may be, to pay such expense from such fund.

Removal of President.—(1) The Inspector—

1. (a) may, by notification and with effect from a date to be specified therein, remove any president who willfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, by-laws, regulations or lawful orders issued thereunder, or abuses his powers or is guilty of misconduct in the discharge of his duties;
2. (b) shall, by notification and with effect from a date to be specified therein, remove any president who, in his opinion, has been guilty of any disgraceful conduct or has become incapable of performing his duties.

1. (2) The Inspector shall, before taking action under sub-section (1), give the president an opportunity for explanation and shall record the reasons for the action taken.
2. (3) A president removed from his office under this section shall not be eligible for re-election as president for a period of three years from the date of his removal.
3. (4) "The person who is a president of a Village Panchayat shall cease to hold the office as such, if the Village Panchayat by a resolution decides to remove him from the office of President, by a majority of two-thirds of the sanctioned strength of the Village Panchayat."
4. (5) "Notwithstanding anything contained in this Act, the Inspector shall, if the Village Panchayat by a resolution decides to remove the President under sub-section (4), call for the records of the Village Panchayat and pass an order of removal of the President."

Removal of Vice-President.—(1) The Inspector may, by notification and with effect from a date to be specified therein, remove any vice-president who willfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, by-laws, regulations or lawful orders issued thereunder, or abuses his powers or is guilty of misconduct in the discharge of his duties.

1. (2) The Inspector shall, before taking action under sub-section (1), give the vice-president an opportunity for explanation and shall record the reasons for the action taken.
2. (3) A vice-president removed from his office under this section shall not be eligible for re-election as vice-president for a period of three years from the date of his removal.

Removal of Chairman of Panchayat Union Council.—(1) The Inspector—

1. (a) shall, if a resolution for the removal of the Chairman of a Panchayat Union Council is passed by the Panchayat Union Council with the support of not less than two-thirds of the sanctioned strength of the Panchayat Union Council; and
2. (b) may, if he is satisfied that the Chairman has abused his power or habitually failed to perform his duties and that such Chairman has not shown cause against the proposed removal, by order, remove the Chairman from office.

1. (2) A copy of the order of removal under sub-section
2. (1) shall be communicated to the Chairman and the Panchayat Union Council.
3. (3) The Chairman shall be removed from the office only after he has been given a reasonable opportunity of showing cause against the proposed removal.
4. (4) Any person removed under sub-section
5. (1) from the office of Chairman shall also cease to be a member of the Panchayat Union Council.

Removal of Vice-Chairman of Panchayat Union Council.—(1) The Inspector—

1. (a) shall, if a resolution for the removal of the Vice-Chairman of a Panchayat Union Council is passed by the Panchayat Union Council with the support of not less than two-thirds of the sanctioned strength of the Panchayat Union Council; and
2. (b) may, if he is satisfied that the Vice-Chairman has abused his power or habitually failed to perform his duties and that such Vice-Chairman has not shown cause against the proposed removal, by order, remove the Vice-Chairman from office.

1. (2) A copy of the order of removal under sub-section
2. (1) shall be communicated to the Vice-Chairman and the Panchayat Union Council.
3. (3) The Vice-Chairman shall be removed from the office only after he has been given a reasonable opportunity of showing cause against the proposed removal.
4. (4) Any person removed under sub-section
5. (1) from the office of Vice-Chairman shall also cease to be a member of the Panchayat Union Council.

Removal of Chairman of District Panchayat.-

1. (1) The Government may, by notification and with the previous approval of the Legislative Assembly, remove the Chairman of the District Panchayat, who willfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, bye-laws, regulations, or lawful orders issued thereunder, or abuses his powers or is found guilty of misconduct in the discharge of his duties.
2. (2) The Government shall, before issuing a notification under sub-section (1), give the Chairman of the District Panchayat a reasonable opportunity to show cause against the proposed removal and shall consider the explanation and objections, if any, of the Chairman of the District Panchayat.
3. (3) A Chairman of the District Panchayat removed from his office under this section shall not be eligible for re-election as Chairman of the District Panchayat for a period of three years from the date of his removal.

Removal of Vice-Chairman of District Panchayat.-

1. (1) The Government may, by notification, remove the Vice-Chairman of the District Panchayat, who willfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, bye-laws, regulations, or lawful orders issued thereunder, or abuses his powers or is found guilty of misconduct in the discharge of his duties: Provided that the Government shall, before issuing a notification under this sub-section, give the Vice-Chairman of the District Panchayat a reasonable opportunity to show cause against the proposed removal and shall consider the explanation and objections, if any, of the Vice-Chairman of the District Panchayat.
2. (2) A Vice-Chairman of the District Panchayat removed from his office under this section shall not be eligible for re-election as Vice-Chairman of the District Panchayat for a period of three years from the date of his removal.

Motion of no confidence in Vice President of Village Panchayat.-

1. (1) A motion of no confidence in the Vice President of a Village Panchayat may be made by sending a notice thereof signed by such number of members of the Village Panchayat as shall constitute not less than one-half of the sanctioned strength of the Village Panchayat, to the Inspector.
2. (2) The Inspector shall, within thirty days of the receipt of the notice referred to in sub-section (1), convene a meeting for the consideration of the motion at the office of the Village Panchayat at a time appointed by him.
3. (3) The Inspector shall preside at the meeting convened under this section and no other person shall preside thereat.
4. (4) A motion of no confidence under this section shall be carried only by the votes of not less than three-fifths of the sanctioned strength of the Village Panchayat.
5. (5) If the motion of no confidence is carried, the Vice President shall cease to hold office as such, forthwith.
6. (6) If the motion of no confidence is not carried or if the meeting could not be held for want of a quorum, no notice of any subsequent motion of no confidence in the same Vice President shall be received until after the expiry of six months from the date of the meeting.

Motion of no confidence in Chairman or Vice Chairman of Panchayat Union Council.-

1. (1) A motion of no confidence in the Chairman or Vice Chairman of a Panchayat Union Council may be made by sending a notice thereof signed by such number of members of the Panchayat Union Council as shall constitute not less than one-half of the sanctioned strength of the Panchayat Union Council, to the Inspector.
2. (2) The Inspector shall, within thirty days of the receipt of the notice referred to in sub-section (1), convene a meeting for the consideration of the motion at the office of the Panchayat Union Council at a time appointed by him.
3. (3) The Inspector shall preside at the meeting convened under this section and no other person shall preside thereat.
4. (4) A motion of no confidence under this section shall be carried only by the votes of not less than three-fifths of the sanctioned strength of the Panchayat Union Council.
5. (5) If the motion of no confidence is carried, the Chairman or Vice Chairman shall cease to hold office as such, forthwith.
6. (6) If the motion of no confidence is not carried or if the meeting could not be held for want of a quorum, no notice of any subsequent motion of no confidence in the same Chairman or Vice Chairman shall be received until after the expiry of six months from the date of the meeting.

Motion of no confidence in Chairman or Vice Chairman of District Panchayat. -

1. (1) Where a motion of no confidence has been moved against the Chairman or Vice Chairman of a District Panchayat, the notice of the motion shall be signed by not less than one-third of the total number of members of the District Panchayat and shall be delivered in person by any two of the members signing the notice, to the Inspector.
2. (2) A copy of the notice of the motion shall be sent by the Inspector to the Chairman or Vice Chairman concerned.
3. (3) The Inspector shall convene a meeting for the consideration of the motion at the office of the District Panchayat on a date appointed by him which shall not be later than thirty days from the date on which the notice under sub-section
4. (1) is delivered to him.
5. (4) The Inspector shall preside over the meeting convened under this section and no other person shall preside thereat.
6. (5) A meeting convened under this section shall not for any reason be adjourned.
7. (6) As soon as the meeting convened under this section has commenced, the Inspector shall read to the District Panchayat the motion for the consideration of which the meeting has been convened and call upon the members to speak to the motion.
8. (7) Any amendment to the motion of no confidence shall not be moved.
9. (8) A debate on the motion shall not be adjourned.
10. (9) The Inspector shall not speak on the merits of the motion and he shall not be entitled to vote thereat.
11. (10) A copy of the minutes of the meeting shall be caused to be published by the Inspector in the District Gazette and the motion shall be deemed to have been carried on its being passed by a majority of the sanctioned strength of the District Panchayat.
12. (11) If the motion is carried, the Chairman or Vice Chairman shall forthwith resign his office or be removed by the Government by notification.
13. (12) If the motion is not carried by such a majority as aforesaid, or if the meeting could not be held for want of a quorum, no notice of any subsequent motion of no confidence in the same Chairman or Vice Chairman shall be received until after the expiry of six months from the date of the meeting.

Dissolution of Village Panchayat. -

1. (1) If, in the opinion of the Government, a Village Panchayat is not competent to perform or persistently makes default in performing the duties imposed on it by law, or abuses its powers, the Government may, by notification, dissolve such Village Panchayat with effect from a specified date and until it is reconstituted in accordance with the provisions of this Act: Provided that before issuing a notification under this sub-section, the Government shall give the Village Panchayat a reasonable opportunity for showing cause against the proposal and shall consider the explanations and objections, if any, of the Village Panchayat.
2. (2) On such date as may be specified in the notification of dissolution under sub-section (1)—
   • (a) all the members of the Village Panchayat as well as its President and Vice-President shall forthwith vacate their offices;
   • (b) all or any of the functions of the Village Panchayat and of its President may, until the Village Panchayat is reconstituted, be exercised and performed by such person or persons as the Government may appoint in this behalf, and any such person or persons shall receive remuneration for the Panchayat Fund.
3. (3) On the dissolution of the Village Panchayat under sub-section (1), the Government shall reconstitute the Village Panchayat in accordance with the provisions of this Act.
4. (4) The election to reconstitute the Village Panchayat shall be completed in accordance with the provisions of this Act as soon as may be, and in any case, before the expiration of a period of six months from the date of such dissolution: Provided that where a Village Panchayat is dissolved within six months before the expiration of the period of five years from the date appointed for its first meeting, it shall not be necessary to hold any election to such Village Panchayat under this sub-section.

Dissolution of Panchayat Union Council.—(1) If, in the opinion of the Government, a Panchayat Union Council is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses its powers, the Government may, by notification, direct that the Panchayat Union Council shall be dissolved with effect from a specified date and reconstituted either immediately or with effect from another specified date.

1. (2) Before publishing a notification under sub-section (1), the Government shall communicate to the Panchayat Union Council the grounds on which they propose to do so, fix a reasonable period for the Panchayat Union Council to show cause against the proposal and consider its explanation or objections, if any.
2. (3) On the date fixed for the dissolution of the Panchayat Union Council under sub-section (1), all its members as well as its Chairman and Vice-Chairman shall forthwith be deemed to have vacated their offices.
3. (4) During the interval, if any, between the dissolution and the reconstitution of the Panchayat Union Council, all or any of the powers and duties of the Panchayat Union Council and of its Chairman may be exercised and performed by such person as the Government may appoint in this behalf.
4. (5) The members of the reconstituted Panchayat Union Council shall enter upon their offices on the date fixed for the reconstitution.
5. (6) Any vacancy in the office of Chairman or Vice-Chairman of a Panchayat Union Council occurring before the date of its dissolution shall be filled by election, but no vacancy in such office occurring on or after the date of such dissolution shall be filled.

Dissolution of District Panchayat.—(1) If, in the opinion of the Government, a District Panchayat is not competent to perform or persistently makes default in performing the duties imposed on it by law, or exceeds or abuses its powers, the Government may, by notification, direct that the District Panchayat shall be dissolved with effect from a specified date and reconstituted either immediately or with effect from another specified date.

1. (2) Before publishing a notification under sub-section (1), the Government shall communicate to the District Panchayat the grounds on which they propose to do so, fix a reasonable period for the District Panchayat to show cause against the proposal and consider its explanation or objections, if any.
2. (3) On the date fixed for the dissolution of the District Panchayat under sub-section (1), all its members as well as its Chairman and Vice-Chairman shall forthwith be deemed to have vacated their offices.
3. (4) During the interval, if any, between the dissolution and the reconstitution of the District Panchayat, all or any of the powers and duties of the District Panchayat and of its Chairman may be exercised and performed by such person as the Government may appoint in this behalf.
4. (5) The members of the reconstituted District Panchayat shall enter upon their offices on the date fixed for the reconstitution.
5. (6) Any vacancy in the office of Chairman or Vice-Chairman of a District Panchayat occurring before the date of its dissolution shall be filled by election, but no vacancy in such office occurring on or after the date of such dissolution shall be filled.

Powers of officers acting on behalf of Panchayat and liability for payment of compensation.—(1) The officers and servants of the Government or of any other local authority acting on behalf of a Panchayat under this Act shall, subject to such general or special orders as may be issued by the Director or the Government in this behalf, exercise such powers and perform such functions and discharge such duties as have been conferred or imposed on the executive authority or, as the case may be, the Panchayat under this Act.

1. (2) No suit, prosecution or other legal proceedings shall lie against any officer or servant of the Government or of any local authority for any damage or loss caused or likely to be caused by any act which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made or issued thereunder.
2. (3) The Panchayat shall be liable for payment of compensation for any damage sustained by any person in consequence of the exercise of any powers by the officers or servants of the Government or any other local authority acting on its behalf under this Act: Provided that the Panchayat shall not be liable for the payment of compensation if the damage is caused by any act done in good faith by any officer or servant of the Government or any other local authority acting under this Act.

Delegation of powers.—(1) The Government may, by notification, authorize any officer or authority to exercise any of the powers vested in them by this Act, except the power to make rules.

1. (2) The Inspector or the District Collector may, by notification, delegate to any officer or authority subordinate to him all or any of the powers vested in him by this Act, except the power of revision.
2. (3) The Village Panchayat, Panchayat Union Council or District Panchayat may, by resolution, delegate to the President, Chairman, Executive Authority or Commissioner, or to any committee or any officer, all or any of the powers vested in it by this Act or the rules made thereunder.
3. (4) The exercise of any power delegated under this section shall be subject to such restrictions and conditions as may be specified in the notification or order of delegation and shall also be subject to control and revision by the delegating authority.

Revision. — The Government may, after consulting the District Panchayat or Panchayat Union Council or Village Panchayat, as the case may be, and the Inspector, at any time, with a view to satisfying themselves that the order passed or proceeding taken by any authority under this Act has been passed or taken in accordance with law, call for and examine the record relating to such order or proceeding and may pass such order in reference thereto as they think fit: Provided that no order prejudicial to any person shall be passed under this section unless such person has been given an opportunity of making his representation.