Panchayat:Repo18/Law Manual Page0244: Difference between revisions
('Sec. 193 causes financial crisis or majority of its members resign from office or is disqualified, the Government shall, b...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു) |
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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: | 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. | 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 order 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: | (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 order 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 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.] | 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), 31[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. | (3) Upon the publication of a notification under sub-section (1), 31[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. | (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. | ||
[(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.] | |||
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Latest revision as of 10:57, 24 January 2019
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 order 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), 31[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.
[(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.]
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ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്. |