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State of Gujarat - Section

Section 92 in The Gujarat Panchayats Act, 1993

92. Village Panchayat Committees, their constitution, Powers functions and duties.

(1)A village panchayat may constitute an Executive Committee for performing such of its functions and duties (not being those pertaining to its Social Justice Committee, as the panchayt may assign to it.
(2)The Executive Committee shall consist of five members to be elected by the panchayat from amongst its members, out of whom one shall belong to a Scheduled Caste or a Scheduled Tribe and one shall be a woman.
(3)A village panchayat shall constitute a committee called the Social Justice Committee for performing such functions as are 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, and the constitution of such committee shall be such as may be prescribed.
(4)In addition to the aforesaid committees, a village pachayat may within the previous approval of the State Government constitute one or more committee consisting of such members of the panchayat and other residents of the village as the panchayat may determine, or appoint any of its members to execute any work or scheme decided upon by the panchayat or to inquire into and report to the panchayat on matters which the panchayat may refer to such committee or member. The panchayat may make regulations for the procedure to be followed by any such committee.
(5)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 Sarpanch and Upa-Sarpanch both are members of any such committee, the Sarpanch shall be the ex-officio Chairman of such committee and if he declines to hold the office the Upa-Sarpanch shall be the ex-officiao Chairman of the committee, unless he also declines to hold the office, and
(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.
(6)
(a)The term of each of the committee other than the Executive Committee and the Social Justice committee shall be such 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 may 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 panchayt during Which the Executive Committee is constituted or reconstituted in less than two years, the term of the Executive Committee shall be co-extensive with the unexpired part of the duration of the panchayat.
(7)A member once elected to a committee shall be eligible for re-election.
(8)A member or Chairman may resign from membership or Chairmanship of a committee by tendering his resignation to the panchayat.
(9)Any vacancy occurring in a committee shall be filled in as soon as possible.
(10)The committee constituted under this section shall in the performance of their functions exercise such powers and discharge such duties of a village panchayat as may be assigned to them by the panchayat.
(11)Such of the powers, functions and duties of the panchayat as are not assigned to any committee shall be exercised and performed by the panchayat.
(12)The 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 may assign the same to any other committee other than the Social Justice committee.
(13)A committee shall conform to any instructions that may from time to time be given to it by the panchayat; the panchayt may at any time call for any extract from any proceedings of any committee and for any return, statement, account or report in connection with any matter with which any committee has been authorised or directed to deal, every such requisition, shall without unreasonable delay, be complied with by the committee so called upon.
(14)Notwithstanding the assignment of any powers, functions and duties of a panchayat to a committee thereof,-
(a)any person aggrieved by a 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 may prefer an appeal to the Social Justice committee of the taluka 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 of the taluka panchayat 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.