Bare ActsThe Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam 1993

Section 87

Power of State Government to dissolve Panchayat for default, abuse of Powers, etc

Amendment status not verified — confirm the current text below against the official source.

Power of State Government to dissolve Panchayat for default, abuse of Powers, etc.-fl) lfat any time it appears to the State Government Or the prescJibed authority that a Panchayat is persist_ ently making default in the performance of the duties imposed on it by or under this Act or under any other law for the time being in force, or exceeds or abuses Its powers OrfaUsto carry out any order of the St"te Government Or the competent authoJity, the State Government Or the prescribed authority, may alter such enquiry as it may deem fit, by an order dissolve such Panchayat and may order a fresh constitution thereof. (2) No order under sub-section (I) shali be paSsed unless reasonable opportunity has been given to the Panchayat for furnishing its explanation. The notice calling explanation shall be addressed to the Sarpanch or President of Gram Panchayat, Janpad Panchayat Or ZUa Panchayat as the case may be, and shall be served aCcording to the Provisions of Section 119. The reply of the Panchayat to the notice shall be supported by the resolu tion of the Panchayat. " (3) On dissolution of Panchayat under sub-sectiolJ,(IJ, the.foll ow _- ing COnsequencf;s, s,hall ensure'riamely-="-" _ . __. _ _ _ (a) all the OlTice-bearers, sha.1lvacate their olTices With effect from the date of Such order; (b) all powers and duties of the Panchayat shall, until the Panchayat is reconstituted, be exercised and performed by Such person or committee of persons as the State Govern_ ment or the preScribed authority may appoint in this behalf and where a committee of persons is so appOinted, the State Government or the prescJibedauthoJity shali also appoillt a head of.sueh committee; ... (c) where a Committee is appointed under clause (b) '\II>; mem- ber of Such committee duly authoJised by it maY'lSsue Or institute or defend any action at law On behalf of by or against the Panchayat. . (4)Any person appointed to exerCise and perform the powers and duties of a Panchayat during the peJiod ofdiSSOlutionmay receive from the fund of the Panchayat concerned sllch payment for his service as the State Government may, by order determine. _ (5) A Panchayat dissolved under sub-section (IJ shali be reconsWllted in aCCOrdancewith the provisions of this Act Within six -months of its diSSOlution.Such reconstituted Panchayat shali function for the remaining term of the Panchayat: PrOVidedthat if the unexpired period is less than six months the reconstitution of the Panchayat shall not be done for this period. -, I 8.86 8.86 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 (PA)135 ~ orany " by it in the ary in :;sued ~ntor :t the J and ction ~rsOr .by tal, mt Lry IT a n- "a LS .s Q. e, Panchayat Karrni in case the Gram Panchayat fails to make such appoint- ment. PawanRa~.a v. Siate of M.P., 2009(4) MPLI 66 = 2009(3) JLI 276 = 2009(4) MPHT 377 (FB).

Section 87 – The Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam 1993 | DailyLaw.ai