Panchayat:Repo18/Law Manual Page0214: Difference between revisions

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S.162 - Lady member elected Vice President of Grama Panchayat - President & Vice President Ex-Officio members of standing committee - Lady Vice President cannot contest for the seat reserved for women in the standing committee - By the election of the third respondent the strength of membership of the standing committee is not maintained. Thus, a reasonable interpretation of the Rules prevents the Ex-Officio members from contesting again. I also rely on the legal maxim 'electa una via non datur recursus adalteram' - he who has chosen one way cannot have recourse to another. In this case, the third respondent had already become a member of the standing committee by virtue of her position as Vice-President. Therefore, she cannot become a member of the standing committee by another process. - Alicekutty v.Kadambazhippuram Grama Panchayat - 1996 (2) KLT 203 : 1996 (2) KLJ 121.
Sec. 162B
162A. Subjects to be dealt with by the Standing Committees.- (1) The following subjects shall be dealt with by the Standing Committees of the Panchayat, namely:
66[(iii) The Standing Committee for Welfare shall deal with the subjects of development of Scheduled Caste-Scheduled Tribe, development of women and children, social welfare, poverty eradication and public distribution system;
(a) in a Village Panchayat,
(iv) The Standing Committee for Health and Education shall deal with the subjects of public health, environment, education, arts and culture and entertainment.]
• (i) The Standing Committee for finance shall deal with the subjects of finance, tax, accounts, audit budget; general administration, appeal relating to tax and subjects not allotted to other standing committees;
(c) In the District Panchayat.
(ii) The standing committee for development shall deal with the subjects of development planning, socio-economic planning, spatial planning, agriculture, soil conservation, social forestry, animal husbandry, dairy development, minor irrigation, fisheries, small-scale industry, public works, housing, regulation of building construction, electricity etc.;
(i) Standing Committee for finance shall deal with the subjects like finance, accounts, audit, budget, general administration and subjects not allotted to other Standing Committee;
65[(iii) The Standing Committee for Welfare shall deal with the subjects of development of Scheduled Caste-Scheduled Tribe, development of women and children, social welfare, social-security activity, slum improvement, poverty eradication and public distribution system;
(ii) The Standing Committee for development shall deal with the subjects like development planning, socio-economic planning, agriculture, soil conservation, animal husbandry, minor irrigation, fisheries and small scale industry, $7[electricity, etc.
(iv) The Standing Committee for Health and Education shall deal with the subjects of public health, sanitation, water supply (drinking water), sewerage, environment, education, arts and culture and entertainment.]
(iii) The Standing Committee for public works shall deal with the subjects like public works, housing, spatial planning and environment;
(b) In the Block Panchayat, —
(iv) The Standing Committee for Health and Education shall deal with subjects like public health and education;
(i) The Standing Committee for finance shall deal with the subjects like finance, accounts, audit, budget, general administration and subjects not allotted to other Standing Committee;
(v) The Standing Committee for welfare shall deal with subjects like social welfare, development of women and children and development of scheduled castescheduled tribe, 6(eradication of poverty].
(ii) Standing Committee for development shall deal with the subjects like development planning, socio and economic planning, agriculture, animal husbandry, minor irrigation, fisheries, small scale industry, public works, housing, electricity and maintenance of water shed;
(2) The standing committees of the Panchayat may perform such other powers and functions of the Panchayat as may be entrusted to it by the Panchayat in addition to the powers and duties conferred on it by rules made in this behalf.
(3) Every resolution passed by the Standing Committee shall be placed before the Panchayat in its next meeting and the Panchayat shall have power to modify such resolution if considered necessary.
(4) Where any of the Standing Committees cannot function effectively by reason of the resignation of the majority of its members or for any other reason, powers and functions of such Standing Committee shall be vested in the steering committee constituted under section 162 B till its re-constitution.
(5) The ex officio Secretaries referred to in sub-section (11) of Section 179 shall attend the meetings of the respective Standing Committee and render necessary assistance to the committee in the discharge of its functions.
 
162B. Steering Committee.- (1) There shall be a steering committee in every Panchayat consisting of its President, Vice-President and the Chairman of Standing Committees and the President shall be the Chairman of the said committee.
66. Clause (iii) substituted by Act 31 of 2009, w.e.f. 7-10-2009. Prior to the substitution it read as under:
"(iii) Standing Committee for welfare shall deal with the subjects like development of scheduled caste-scheduled tribe, development of women and children social welfare, poverty alleviation, public health, education, art,
culture and entertainment and environment;" 67. Inserted by Act 31 of 2005, w.e.f. 24-8-2005. 68. Inserted by Act 31 of 2005, w.e.f. 24-8-2005.

Revision as of 05:10, 24 January 2019

Sec. 162B 66[(iii) The Standing Committee for Welfare shall deal with the subjects of development of Scheduled Caste-Scheduled Tribe, development of women and children, social welfare, poverty eradication and public distribution system; (iv) The Standing Committee for Health and Education shall deal with the subjects of public health, environment, education, arts and culture and entertainment.] (c) In the District Panchayat. (i) Standing Committee for finance shall deal with the subjects like finance, accounts, audit, budget, general administration and subjects not allotted to other Standing Committee; (ii) The Standing Committee for development shall deal with the subjects like development planning, socio-economic planning, agriculture, soil conservation, animal husbandry, minor irrigation, fisheries and small scale industry, $7[electricity, etc. (iii) The Standing Committee for public works shall deal with the subjects like public works, housing, spatial planning and environment; (iv) The Standing Committee for Health and Education shall deal with subjects like public health and education; (v) The Standing Committee for welfare shall deal with subjects like social welfare, development of women and children and development of scheduled castescheduled tribe, 6(eradication of poverty]. (2) The standing committees of the Panchayat may perform such other powers and functions of the Panchayat as may be entrusted to it by the Panchayat in addition to the powers and duties conferred on it by rules made in this behalf. (3) Every resolution passed by the Standing Committee shall be placed before the Panchayat in its next meeting and the Panchayat shall have power to modify such resolution if considered necessary. (4) Where any of the Standing Committees cannot function effectively by reason of the resignation of the majority of its members or for any other reason, powers and functions of such Standing Committee shall be vested in the steering committee constituted under section 162 B till its re-constitution. (5) The ex officio Secretaries referred to in sub-section (11) of Section 179 shall attend the meetings of the respective Standing Committee and render necessary assistance to the committee in the discharge of its functions.

162B. Steering Committee.- (1) There shall be a steering committee in every Panchayat consisting of its President, Vice-President and the Chairman of Standing Committees and the President shall be the Chairman of the said committee. 66. Clause (iii) substituted by Act 31 of 2009, w.e.f. 7-10-2009. Prior to the substitution it read as under: "(iii) Standing Committee for welfare shall deal with the subjects like development of scheduled caste-scheduled tribe, development of women and children social welfare, poverty alleviation, public health, education, art, culture and entertainment and environment;" 67. Inserted by Act 31 of 2005, w.e.f. 24-8-2005. 68. Inserted by Act 31 of 2005, w.e.f. 24-8-2005.

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