(1)Whenever the election of a member of Chairperson or Deputy Chairperson of Panchayati Raj Institution has been declared to be void, or whenever such member or Chairperson or Deputy Chairperson -(i)is not found qualified or becomes disqualified under Section 19 to hold his office; or(ii)ceases to be so under the provisions of this Act; or(iii)fails to make the prescribed oath or affirmation in accordance with the provisions of this Act; or(iv)is removed from office or is suspended under Section 38; or(v)is resigns his office under Section 36; orWhenever a motion of no-confidence is passed against the Chairperson or the Deputy Chairperson of a Panchayati Raj Institution under Section 37; orWhenever the term of office of a Panchayati Raj Institution expires or the election of all the members of a Panchayati Raj Institution with or without the Chairperson has been declared void, or such election or the proceedings subsequent thereto have been stayed by an order of a competent Court; orWhenever a Panchayati Raj Institution is dissolved under this Act,Such member or Chairperson or Deputy Chairperson or all or any of them shall forthwith handover charge in the prescribed manner of his or their office including all papers and properties pertaining to such office in his or their actual possession or occupation -(a)in the case of a member, to the Chairperson of the Panchayati Raj Institution concerned;(b)in the case of Chairperson to the Deputy Chairperson of such Panchayati Raj Institution or where there is no such Deputy Chairperson, to such member of such Panchayati Raj Institution or other person as the competent authority may direct [:][Substituted by Section 25 of the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette Extraordinary Part IV-A dated 3.5.2000 with effect from 6.1.2000.][Provided that charge of office of any chairperson who was elected to an office reserved for the persons belonging to Scheduled Castes or the Scheduled Tribes or the Backward Classes or for women, shall be handed over as per directions of the Competent Authority, to a member, if any of the said Castes, Tribes or classes or a women member, as the case may be, as may be prescribed and where there is no such belonging to the said Castes, Tribe, Classes or women member to whom charge can be given as aforesaid, the charge shall be handed over in the manner as may be prescribed, to any other member not belonging to the aforesaid categories.][Added, by Section 25 of the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette Extraordinary Part IV-A dated 3.5.2000 with effect from 6.1.2000](c)in the case of a Deputy Chairperson, to the Chairperson of the Panchayati Raj Institution concerned or, where there is no such Chairperson to such member of such Panchayati Raj Institution or other person as the competent authority may direct;(d)in the case of a Panchayati Raj Institution of which the term of office has expired, to such new Panchayati Raj Institution as has been constituted; and(e)in the case of a Panchayati Raj Institution dissolved under this Act, to the Administrator appointed under Section 95(2)Upon the election or appointment of a new member or Chairperson or Deputy Chairperson or upon the constitution of a new Panchayati Raj Institution, and after the oath or affirmation of office required by this Act has been duly made the person holding on the date on which such oath or affirmation is made, charge of the office of such member or Chairperson or Deputy Chairperson or the Panchayati Raj Institution shall in pursuance of Sub-Section (1), forthwith handover to the person so elected or to the Panchayati Raj Institution so constituted, as the case may be the charge of office including all papers and properties pertaining to such office in his actual possession or occupation.(3)If any person fails or refuses to handover charge of office as required under Sub-Section (1), or sub section (2), the competent authority may, by order in writing direct the person so failing or refusing to hand over such charge forthwith to the persons or persons entitled thereto under Sub-Section (1), or Sub-Section (2), as the case may be.(4)If the person to whom a direction has been issued under Sub-Section (3) fails to comply with the direction, he shall, on conviction, be punished with imprisonment for a term not exceeding one year or with fine out exceeding one thousand rupees or with both.(5)Any officer empowered by the competent authority in this behalf may, without prejudice to any action that has been or may be taken under Sub-Section (4) use such force as may be deemed necessary for enforcing the provisions of Sub-Section and (2) and may for that purpose invoke in the prescribed manner the assistance of the police or the nearest Magistrate competent to do so.
