Section 7 in The Bihar Consolidation of Holdings and Prevention of Fragmentation Rules, 1958
7. [ Manner of appointment of Village Advisory Committee under Section 7. [Substituted by S.O. 1461, dated 26.8.1976.]
(1)The number of persons to be appointed in the Village Advisory Committee under Section 7 shall not be less than five and more than twelve.(2)Such member shall be an adult and shall be a raiyat or under-raiyat of the village or shall be resident thereof or of a contiguous village.(3)In a village where landless labourers constitute more than 10 per cent of the adult population, the Assistant Consolidation Officer shall appoint under the 4th proviso to sub-section (1) of Section 7 at least one such adult labourer of the village to be a member of the Village Advisory Committee. Under the same proviso the Assistant Consolidation Officer shall also appoint at least one such adult farmer of the village who does not possess more than five acres of land to be a member of the Village Advisory Committee.(4)Where there is a Gram Sabha duly constituted under the Bihar Gramdan Act, 1965 in the village, not more than five members from each of the executive committee of the Gram Panchayat and of the executive committee of the Gram Sabha of the Village shall be included in the Village Advisory Committee to be elected by the members of the respective executive Committees.(5)Where at any time the Consolidation Officer is satisfied that the executive committee of the Gram Panchayat or of the Gram Sabha has or have failed to elect the fixed number of members of the Village Advisory Committee under sub-rule (4) within a reasonable time, he may with the approval of the Assistant Director, Consolidation, nominate the requisite number of persons who shall constitute the Village Advisory Committee.(6)The Consolidation Officer shall appoint the members of the Village Advisory Committee, under first, second and fourth proviso of sub-section (1) of section 7 on the basis of selection made by the Assistant Consolidation Officer of those members in a general meeting of the raiyats, under-raiyats and landless labourers of the village. The Assistant Consolidation Officer shall issue a general notice in Form IV fixing a date, time and place for the said meeting calling upon all persons interested or concerned to attend such meeting with such evidence as they may like to adduce in support of their claims and objections, if any.(7)Every member of a Village Advisory Committee on his appointment shall be informed of this appointment by a letter and the names of such members shall be published in the village by issuing a general notice in Form V.(8)Where at any time the Consolidation Officer is satisfied that the Village Advisory Committee has failed or refused without reasonable cause or excuse to discharge the duties or perform the functions imposed or assigned by the Act or the Rules or circumstances have so arisen that the Village Advisory Committee has been rendered unable to discharge the duties or to perform the functions aforesaid or it is otherwise expedient so to do, he may with the approval of the Assistant Director, Consolidation, constitute a new Village Advisory Committee in accordance with the provisions of these rules by appointing the requisite number of persons.(9)(a)The resignation of a member of the Village Advisory Committee may be accepted by the Consolidation Officer and the vacancy created may be filled up by the Consolidation Officer in accordance with the provisions of the rules.(b)Vacancy created by the death of any member shall also be filled likewise by the Consolidation Officer.(10)Where there are two Gram Panchayats in one unit not more than five members from each of the executive committee of the Gram Panchayats shall be included in the Village Advisory Committee, to be elected by the members of the respective executive committees of the Gram Panchayats in the manner laid down in sub-rule (4). Where there is also a Gram Sabha in such unit, then not more than 3 members from each of the executive committees of the Gram Panchayat and the executive committee of the Gram Sabha, shall be included in the Village Advisory Committee.]
