123. Taluka Panchayat committees, their constitution, Powers Functions and duties.
(1)A taluka panchayat shall constitute the following committees, namely:-(i)An Executive Committee, for exercising such powers and performing such functions and duties of the taluka panchayat (not being function pertaining to its Social Justice Committee, as the taluka panchayat may assign to it:Provided that it shall be lawful for the Executive Committee to appoint not more than two sub-committees from amongst its members but the sub-committee so appointed shall not be competent to take any final decision on any matter.(ii)A Social Justice Committee for performing such functions as are considered essential for securing social justice to the weaker sections of the society including persons belonging to the Scheduled Castes and the Scheduled Tribes as may be prescribed.(2)In addition to the committees referred to in sub-section (1), a taluka panchayat may, with the previous approval of the State Government constitute a committee or committees consisting of such number of members of the panchayat as the panchayat may determine, to execute any work or scheme decided upon by the taluka panchayat or to inquire into the report to the taluka panchayat on matters which the panchayat may refer to such co-taluka panchayat on matters which the panchayat may refer to such committee or committees. The taluka panchayat may make regulations for the procedure to be followed by any such committee.(3)No committee other than the Executive Committee shall consist of more than five members and the Executive Committee shall consist of not more than nine members.(4)The constitution of the Social Justice Committee shall, subject to sub-section (3), be such as may be prescribed.(5)The members of a Committee constituted under this section shall be elected by the panchayat from amongst its members:Provided that the taluka panchayat may appoint, in accordance with any rules made in this behalf, any of the qualified voters of the taluka on a committee mentioned in subsection (2) or sub-section (4) and the qualified voters so appointed shall have the right to speak or otherwise to take part in the proceedings of a meeting of the committee but shall not, except in the case of a committee mentioned in sub-section (4), be entitled to vote.(6)Where any committee is constituted under this section the members of the committee shall elect from amongst themselves the Chairman of the committee:Provided that-(a)Where the President and Vice-President both are members of any such committee, the President shall be the ex-officio chairman of such committee and if he declines to hold the office, the Vice-President shall be the ex-officio Chairman of the Committee, unless he also declines to hold the office,(b)where only one of them is a member thereof he shall be the ex-officio Chairman of the committee, unless he declines to hold the office and(c)a person who is not a member of the panchayat shall not be eligible to be the Chairman of any committee.(7)(a)No member of the panchayat shall be a member of more than two committees constituted under this section,(b)If any member is simultaneously or otherwise elected as a member of more than two committees, the member shall, within ten days from the date or the later of the dates on which he is so elected, intimate to the President two of the committees in which he wishes to serve and thereupon his seat in the committee or committees other than the aforesaid two committees shall become vacant,(c)Any intimation given under clause (b) shall be final and irrevocable,(d)Where a member commits default in giving intimation under clause (b), within the period prescribed therein, the panchayat shall determine the two committees in which such member shall retain his seat and thereupon his seat in the committee or committees other than the committees so determined, shall become vacant.(8)A member once elected to a committee, shall be eligible for re-election.(9)(a)The term of each of the committees other than the Executive Committee and the Social Justice Committees shall be for such period not exceeding one year as may be determined by the panchayat.(b)The term of the Executive Committee shall be two years and on the expiry of its term, the committee shall be reconstituted and the term of the Social Justice Committee shall be co-extensive with the duration of the panchayat:Provided that where the unexpired part of the duration of the panchayat, during which the Executive Committee is constituted, or re-constituted is less than two years, the term of the Executive Committee shall be co-extensive with the unexpired part of the duration of the panchayat.(10)A member or Chairman may resign from membership or Chairmanship of a Committee by tendering his resignation to the taluka panchayat.(11)Any vacancy occurring in a committee shall be filled in as soon as possible.(12)The Committee constituted under this section shall, in the performance of their functions, exercise such powers and discharge such duties of the taluka panchayat as may be assigned to them by the panchayat.(13)A taluka panchayat may, at any time withdraw from any committee other than the Social Justice Committee, any of the powers, functions and duties assigned to it and assign the same to any other committee other than the Social Justice Committee.(14)Such of the powers, functions and duties of the panchayat as are; not assigned to any committee shall be exercised and performed by the taluka panchayat.(15)A committee shall conform to any instructions that may, from time to time, be given to it by the panchayat.The panchayat may at any time call for any extract from any proceedings of any committee and for any return, statement, account or report in connection has been authorised or directed to deal.Every such requisition, shall without unreasonable delay, be complied with by the committee so called upon.(16)Notwithstanding the assignment of an}' powers, functions and duties of panchayat to a committee thereof-(a)any person aggrieved by the decision of a committee other than the Social Justice Committee in such classes of cases as may be prescribed may prefer an appeal to the panchayat, and(b)any person aggrieved by the decision of the Social Justice Committee (not being a decision in appeal) may prefer an appeal to the Social Justice Committee of the district panchayat, within a period of sixty days from the date of such decision and the panchayat, or, as the case may be, the Social Justice Committee, may, after giving an opportunity to the appellant to be heard, confirm, modify or reverse the decision appealed against and pass such order as it may think proper.
