Amendment status not verified — confirm the current text below against the official source.
General interpretation.-[l] The section provides for suspension of an office-bearer, namely, the Sarpanch, Up-Sarpanch or a panch of a Gram Panchayat and President, Vice-President and member nf a Janpad Panchayat or Zila Panchayat. [2] Powers are vested in the prescribed Officer to suspend any of the above under the circumstances mentioned in clause (a) of sub- section (1). [3] Clause (a) enumerat~s the list of offences and it says further that if criminal proceedings have been initiated against any office-bearer and charges have been framed against such office-bearer in such proceeding then, the concerned office" bearer may-be -suspended by fh,,, presctibed' ; Authority. [4] It is then provided in sub-section (2) that the oraer of suspension shall be reported (intimated) to the State Government within ten days of the passing of the order. The matter then rests with the State Government to deal with it and pass necessary order thereon. The only other provision made in this sub-section is that if the order of suspension is not confirmed by the State Government within ninety days of the receipt of report then, the order of suspension will automatically lapse. [5] Provision is made in sub-section (3) for election ofofficiatingSar-' panch, or President in a special meeting called by the Secretary or the Chief Executive Officer, as the case may be. Such officiating Sarpanch or Presi- dent shall continue in officeduring the period of suspension. [6] Sub-section (3) also provides that where the office of Sarpanch or President was a reserve one for member of a Scheduled caste or Scheduled Tribe or a woman, the officiating 8arpanch or President shall also be elected from the same caste or sex as the case may be. I-A. Appeal against acquittal has been admitted by High Court-. Effect.- In Section 39(1)(a) and (2) of the Adhihiyam, 1993 the Prescribed Authority has power to suspend from officeany officebearer against whom cI1arges .have been framed in. any criminal proceedings for the offences mentioned in sub-clause (a). The order of suspension passed under sub- clause (I) is required to be reported to the State Government within the prescribed period of 10 days and shall be subject to such orders as the State Government may deem fit to pass. The petitioner having been acquitted by the Competent Criminal Court, of the charges framed against him, the 9 e d 1 1 I , I , . 8.39 PANCHAYAT RAJ AVAM GRAM SWARAJ ADH!., 1993 COMMENTARY SYNOPSIS (PA)83 ; I r I[x x xl 2[(2) T"~ onler of suspension under sub-section (1) shall be reported 10 Ihe Slate Government or authoIised officer Within a period of ten days and ,hall be subject to such orders as the State Govern- menloI' the aulhoIised officer may deem fit. If the order of sUspension is not confirmed by the State Government or authoIised officer Within ninety days from the date of receipt of such report. it shall be deemed to have revoked.] 3[(3)In the event that the Sarpanch of Gram Panchayat, Presi- dent of Janpad Panchayat or Zila Panchayat, as the case may be is suspended under sub-section 0). the Secretary or the Chief Execu- tive Officer of the concerned Panchayat shall cause to be called a special meeting of the Panchayat immediately, but not later than fifteen days from the date of receipt of information from prescribed authority and the members shall elect from amongst themselves, a person to hold the office of Sarpanch or President temporarily, s the case may be, and such officiating Sarpanch or President shall perform all the duties and exercise all the powers of Sarpanch or President as the case may be, during the period for which such Suspension continues: Provided that if the office of the Sarpanch or President is reserved for the member of Scheduled Castes or Scheduled Tribes or other Backward Classes or.fo,ra woman, the officiating Sarpanch'oi.Presi_ dent shall be eiected from amongst the m~mbers belonging to the same category: Provided further that where the office of Sarpanch or President is reserved for a woman belonging to Scheduled Castes or Scheduled Tribes or other Backward Classes and there is no other woman member of the Panchayat belonging to that category who can be elected to officiate as Sarpanch or President. as the case may be, any other woman member belonging to the other reserved categories, may be elected to offl'ciate as Sarpanch or President as the case may be]. (4)A person who has been suspended under sub-section (1) shall also forthWith stand suspended from the office of member Or office bearer ofany other Panchayat ofwhich he is a member or officebearer. Such person shall also be disqualified for.being elected 4[xx xl under the Act during his suspension, . I CI.(b) omItted by MP 43 of 199712-10-19971. 2 Subs. by M.P. Act 26 of 2012 [23-5-2012J. before substitution it was as follows:- "(2) The order of sUspension under sub-section (lJ shall be reported to the State Government within a period of ten days and shall be subject to such orders as the State Government may deem fit to pass. If the order of Suspension is not confirmed by the State Government Within 90 days from the date of receipt of such report 1t shall be deemed to have vacated." 3 Subs. by MP 43 of 1997 [5-12-19971. 4 Omitted, by M.P. 26 of 1994 [30.5.941. the words "co-opted or appointed". 1r ! I I 8.39 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 (PA)82 I 'II , I ..I 38 8.39 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 (PAlS1 1 2 re- of m al ys ty st~. [s IS le _ e j rr r r f [2]Where a casual vacancy occursin the officeofthe Sarpanch ofa Gram Panchayat, the Secretary of the Gram Panchayat shall cau'l~ to be called a special meeting of the Panchayat as soon as possible but not later than 15 days from the date of receipt of notice of vacancy from the Prescribed Authority. In the meeting socallcu, the members shall elect a new Sarpanch from amongst themselves temporarily till a new Sarpanch is -elected in accordance with the provisions of the Act and the rules. Where the post of casual vacancy was reserved for any of the communities or for woman then it will be filled by the member of same community or a woman. In case no other woman of the reserved class is available then a woman of any other category may be elected temporarily. [3] It is very important to note that the secretary has not to rush for calling the aforesaid meeting unless he is intimated by the prescribed authority that a vacancy is caused. The reason is that a resignation may also be withdrawn, therefore, the secretary should wait till he receives intimation ofvacation from the aforesaid authority.