Amendment status not verified — confirm the current text below against the official source.
The Secretary ofthe Gram Panchayat shall also act as a secretary of the Gram Sabha and the secretary shall work under the control ofthe Gram Sabha and he shall perform the duties which are assigned to him by the GramSabha. 6-C. Decision by Gram Sabha.-(l) All matters brought before any meeting of Gram Sabha shall be decided. as far as possible, unani- mously falling which by general consensus of the members present: Provided that where there is difference of opinion on any issue such matter shall be brought before the next meeting, If a decision Is not taken unanimously or by general consensus in successive two deferred meetings then such matter shall be decided by majority of members present thereat by secret voting. in the case of equality of votes, the person presiding over the meeting shall have a second or casting vote, .cc.:.' 42)lFa:il)'displite'arises -as to wheth"ra person is entitled to vote, the same shall be decided by the person presiding regard being had to ... the entry in the list of voters of the Gram Sabha area and his decision shali be final.] COMMENTARY Gram Sabha decision.-[l] In order to promote better understanding, develop love and co-operation between the residents of a village, it is provided in this section that all matters'which are br6iightbef6rea Gram Sabha shall be decided unanimously, failing which by general consensus. The question arises as to what this term 'general consensus' mean. It simply .meansa minor or negligible opposition which doesnotlnclude substantial opposition, Where it appears that there is a difference ofopinion the matter should be left over undecided, to be decided in the next meeting. [2]It is also provided in the proviso to'sub-section (1) that in case of a matter which cannot be decideq. unanimously or by general consensus even inthe two adjourned meetings then, such a r4atter shall be put to vote and l1ecided.\iY.JIIajQrity,,v.qting.secretly:_Ifthe,yotes are equal, .the presiding person shall have a secondcasting vote, meaning thereby that the president will vote firstly ,as any other nWm.berand where the result is found to be equal number of votes then, the president shall have the second vote. It further means that in such a situation, the matter shall be decided as per the casting vote of the president. [3]Although the ultimate procedure providedis ofsecret voting, but that stage is tried to be avoided as far as possible.Every scopefor creating better I Subs. by MP 43 of 1997 (5-12-19971. 2 Ins. by M.P,Act 5 of 1999 [5-4.1999]. 8.7 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 , I[7. Powers and functions and Annual Meeting of Gram Sabha. -(1) Subject to the rules, which ihe State Govemment may make in this hehalf. and subject to the general or special orders. as may be issued by the State Government from time to time. the Gram Sabha shall have the followingpowers and functions. namely:- (a)to lay down the principles foridentification of schemes and their priority for economic development of the village; (b) to approve all plans including Annual Plans. programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the Gram Panchayat; (c) to consider the Annual Budget of the Gram Panchayat, and make recommendations thereon: (d) to consider the report of apdit and accounts of the Gram Panchayat; - .- (el to ascertain and certify the proper utilization by the Gram Panchayat of the funds for plans. programmes and projects referred to in clause (b); . (I)to identify and select persons as beneficiaries under the poverty alleviation and other programmes; (g) to ensure proper utilization and disbursement of funds are assets to the beneficiaries; (h) to mobilize people for community welfare programmes; (i) to ensure active participation of people in Implementation. maintenance and equitable distribution of benefits of development schemes In the village; U)to promote general awareness amongst the people; and 21U-i) to exercise control over Instltutlqns and functionaries In social sectors Iransfen'ed 10 or appointed by Oram Panchayat through that Panchayat; U-ii)to manage natural resources Includtng land. water, forests within the area of the village in accordance with provisions of the Constitution and other relevant laws for the time being In force; U-Iii)to advise the Gram Panchayat in the regulation and use of minor water bodies; _U-Iv).to control local plans, resources and expenditure for such plans;) understanding and remove any difference of opinion has been created. The Legislature has advised village peopleto keep patience and try to under- stand the point ofviewofthe other side.Theprovisionaims at development ofthe village without hurting the selfrespect ofanother. (PA)30 8.7 ..•~ PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 (PAl3I I I I,, IIlk) sanitation, conservancy and prevention and .abatement of ..nuisance; (I)construction repair and maintenance of public wells, ponds and tanks and supply of water for domestic use; (m)construction and maintenance of sources of water for bathing and washing and supply of water for domestic animal; (n) construction and maintenance of village roads. culverts, bridges, bunds and other works and building of public utility; (0) construction, maintenance and clearing of public streets, latrines, drains, tanks, wells and other public places; (p) filling in of disused wells, unsanitary ponds, Pools dilche~ and pits and conversion of step wells into sanitary wells; (q)lighting of village streets and other public places; (r) removing of obstructions and projections in public streets and places and sites not being private property or which are open to use of public, whether such sites are vested in the Panchayat or belongs to the State Government; (s)regulating and control over entertainment shows, shops, eating houses and vendors of drinks, sweet meats, fruits, milk and of other similar articles; (t) regulating the construction of house, latrines, urinals, drains and watercl"se(s; .. ..c : ._ (u) management of publicland a.~d mana.g;;ment, extension and development of village site;. (v)(i) regulating places for disposai of dead bodies, carcasses and other offensive matters; (ii)disposal of unclaimed corpses and carcasses; (w)earmarking places for dumping refuse; (x)regulation of sale and preservation of meat; (y)maintenance of Gram Sabha property; (z) establishment and management of cattle ponds and main- tenance of records relatillg to cattle; """"\ (aa) maintenance of ancient and historical monuments other than those declared by or under law made. by.Parliament to be of national importance, grazing lands and other lands ,< .,1ing in or under the control of the Gram Sabha; (bb) maintenance of records of births, deaths and marriages; (cc) rendering assistance in the census operation and in the SUrveYsconducted by.tbeSkte Government or Central Government or "atly'otherlocal auttiorltylaWfullycorrstituied;--'-";~_. -. _.. _. (dd) rendering assistance in prevention of contagious diseases; (ee)renilCriIlg assistance In Inoculation and vaccination and enfor- cement of other preventive measures for safely of human being and cattle prescribed by Government Department concerned; Cis. (kIlo hv) sllhs. for cl.(k) by M.P. Act:3 of 2001, w.e,f.26-1-2001. , (ff)rendering assistance to the disabled and destitutes; (gglpromotion of youth welfare. family welfare and sports; (hh) establishment of Raksha Samiti for:- (a) safety of life and property; (b) prevention of fire and extinguishing fire and safety of property during outbreak of such fires; (ii)plantation and preservation of Village forest; Gj)removal of social evils like dowry; (kk) granting loans for the purposes of- (il providing medical assistance to indigent persons in serious and emergency cases; (ii) disposal of dead body of an indigent person or any member of his family; or (iii) any other purpose for the benefit of an indigent person as may be notified by the State Government from time to time subject to such terms and conditions as may be prescribed; (II)(i)carrying out the directions or orders given or issued by the State Government. the Collectoror any other Officer authorised by the State Government in this behalf with respect to the measures for amelioration of the condition ofthe Scheduled Castes and Scheduled Tribes and other backward classes and in particular in regard to the removal of untouchability; (ii) perform such functions as may be entrusted to it by Zilla Panchayat or Janpad Panchayat by general or special order; (iii) to exercise and perform such powers and functions as the State Government may confer on or entrust to under this Act or any other law for the time being in force in the State; (iv) with prior approval of J anpad Panchayat. may also perform other functions as it may desire to perform: . Provided that where any such function is entrusted to the Gram Sabha. it shall act as an agent of the State Government, Zilla Panchayat, as the case may be, and necessary funds and other assistance for the purpose shall be provided to It by the State Govern- ment' Zilla Panchayat or Janpad Panchayat, as the case may be; (mm) plan and manage basic amenities; (nn) select beneficiaries under various programmes; (00) implement, execute and supervise development schemes and construction work within the Cram Sabha area; (pp) control and monitor beneficiary oriented schemes and programmes; (IT) organise voluntary Ia.bour and contribution for community work and promote the concept of community ownership; (ss) to plan, own and manage minor water bodies upto a specified water area situated within its territorial jurisdiction; (tt) to lease out any minor water body upto a specified area for the purpose of fishing and other commercial purposes; - • • (PA)32 • PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI .• 1993 8.7 ... , " (uu) to regulate the use of water of rivers, streams, minor water bodies for Irrigation purposes; , ' (vv) to exercise control over institutions and functionaries in all social sectors transferred to or appointed by the Gram Sabha.j (2) The annual meeting of the Gram Sabha shall be held not less than three months prior to the commencement of the next financial year, and the Gram Panchayat shall place before such meeting;- (a) the annual statement of accounts; (b) the report of administration of the preceding financial year; (c) the development and other programme of the works proposed for the next financial year; (d) the last audit note and replies, if any, thereto; and 1[(e)the Amllial Budget and Annual Plan for the next financial year of the Gram Panchayat], 2[(2_A)The Gram Panchayat shall place such matters before the Gram Sabha which'the cranpad Panchayat. the Zila Panchayat, the Collector or any Officer authorised in this behalf may require to be placed before such meeting,j (3) The Gram Panchayat shall carry out the recommendations. if any. made by the Gram Sabhain regard to the matters before it under this section). ; Powers and functions,-Sub-section (1) 'gives a list of powers and functions of a Gram Sabha. But all these powers and functions are subject tothe rules made bythe State Government onthese subjects and also subject to the general or special orders issued by the State Government from time to time. Formerly there were only 15 clauses defining such powers and functions. With the passing of Act 3 of 2001, 37 more clauses to this effect are added. Without caring for the education ofthe persons living there, so many functions and.powers are assigned to them by sub. section (1). One, fails to understand how far this will be successful. Annual Meeting,-[l] It is provided in sub-section (2) that the Gram Sabha shall hold its annual meeting not less than 3 m,*ths before the commencement of the next financial year. A financial year"commences--on 1st of April every year. According to this provision, annual generulmeeting of a Gram Sabha should be held before the 1st of January, i,e, by 31st of Decembc' 'ryyear. ' [21 it is also provided that the Gram Panchayat shall place belore such ~'.;Y~ m.!'.~~j!,Z~f" !Qe;(}!!!:.J!i: to,all!)!"t!l~.P';;l1er~:..m e(lt.iQljep)ns"_b",,eg,tions (2)and (2-A). ' 13] As far as annua!. statement of accounts is ,concerned, since the meeting will be held before 3 months of the expiry of the current financial year, it will relate to the previous year and similar would be the case with I Subs, by M,P,Act 5 of 1999 [5-4-1999), 2 Ins, by M,P,Act 5 of 1999[5-4-19991, 7 ,f S T S e I; e e ,r d e a -,, e s...., n I, , n ! a \ :r. l- d ~ ,- l- Y '" ! I J-- d ~ H '" e ~ ! I I 8.7 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 COMMENtARY (PA)33 .'.-- ., 3[7_B. Composition and functions of standing committees.-ll) , The Gram Nlrman Samiti shall Aci as an agency bf Gram Panchayat " and shall execute all construclion works and other works entrusted by .the Gram Panchayat or Gram Sabha, uplo five~ . 1 Ins. by M.P. Act 3 of 2001. w.e,f.26-1-2001. ' ~'- ."., <-} '2 Sub-sec. OJ sUDS. by M,P. Acll6 of 2004. w.e.[ 1-1-2005 ,r,.../.,t..." / l' 3 S.7-6 subs. by,M.P. Act 16 of 2004, w.e.f. 1-1-2005 0 L--, the report of administration. Recommen<:lations of Gram Sabha.-Looking to the provisions of sub- section (3), it appears quite clear th~t Gram Sabha is a general body and the Gram Panchayat is an executive body. The executive has to perform its I duties as per directions given by the general body. ) AppeaL-Provision is made under section 7-H for preferring an appeal against the decision of Gram Sabha. This appeal shall be made to a Committee which would consist of(i) President ofJanpad Panchayat, a member of Janpad Panchayat from the area and the Sub-Divisional Officer (Revenue). How this committee shall be constituted and how this appeal shall be preferred, shall be provided in the rules to be made by the State Government. 1[7_A. Standing Committee and Adhoc Committee of Gram Sabha. _2[( I) The Gram Panchayat shall, for discharging its functions and duties, constitute the followingstanding committees ofQram Sabha namely:- (i) Gram Nirman Samiti, and (il) Gram Vikas SamitL] . (2) In addition to the Standing Committees mentioned in sub- section (I) the Gram Sabha may constitute one or more such Adhoc Committees as it may deem necessary for the implementation of any time-bound work. The Committee shall comprtse of members who are stake-holders of work assigned to the committee. The committee shall cease to exist after submit- ting the completion report and evaluation of the work by the Gram Sabha. (3) The Committees which are already functioning within the area of jurisdiction of the Gram Sabha shall continue to function with the approval of the Gram Sabha. (4)The number of members, reservation of seats, term of office, procedure for resignation and removal, conduct orbusines~ eligibility for becoming a member. meeting, mode of filling of vachncies and procedure of standing Committees and adhoc committees shall be such as may be prescribed. . Rules:- The State Government has made the following rules in exercise of the powers conferred by this section. .