145. District Panchayat Committees, their constitution, powers functions and duties. - (1) A district panchayat shall constitute the following committees, namely:-
(i)An Executive Committee for performing such functions pertaining to finance, home guards and village defence and such other functions and duties of the panchayat as are not assigned to any other committee.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 in 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:Provided that it shall be lawful for the Social Justice Committee to appoint one or more sub-committees from amongst its members to inquire into cases of any discrimination against members of backward class including Scheduled Castes and Scheduled Tribes, in the matter of use of wells, tanks, bathing ghats, roads and places of public resort, maintained wholly or partly out of the State or panchayat funds or dedicated to the use of the general public.(iii)An Education Committee for performing the functions and duties pertaining to education and such other literary and cultural activities as the panchayat may assign to it.(iv)A Public Health Committee for performing functions pertaining to public health, hospitals, health centres, sanitation, water supply, vaccination and family planning.(v)A Public Works Committee for performing functions pertaining to public works, communications, buildings, rural housing and relief against natural calamities.(vi)An Appeal Committee under Section 241.[(vii) A Committee for production, co-operation and irrigation.(viii)A Committee for woman and child development and youth activities.](2)In addition to the committees referred to in sub-section (1), a district panchayat may with the prior approval of the State Government constitute a committee or committees to execute any work or scheme decided upon by the district panchayat or to inquire into and report to the district panchayat on matters which the panchayat may refer to such committee or committees. The district panchayat may make regulations for the procedure to be followed by any such committee.(3)No committee other than the Executive Committee and the Education Committee shall consist of more than five members and the Executive Committee and the Education Committee shall consist of not more than nine members.(4)The constitution of the Education Committee and 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 panchayat may appoint in accordance with rules made in his behalf any of the qualified voters of the district on a committee mentioned in clauses (ii) and (iii) of sub-section (1) and the qualified voters so appointed shall have the right to speak or otherwise take part in the proceedings of a meeting of the committee but shall not be entitled to vote.(6)The members of each 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, 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.(c)a person who is not a member of the panchayat shall not be eligible to be Chairman of any committee.Provided further that where the person so elected as Chairman of the Education Committee is also the President of the panchayat or at any time after his election as Chairman is elected as such President, he shall not be eligible to continue as the Chairman of the committee, unless he chooses to vacate the office of such President and accordingly vacates that office.(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 form 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 the seat in the committees other than the committees so determined shall become vacant.(8)A member once elected to a committee shall be eligible fore re-election.(9)(a)The term of the Social Justice Committee and that of the Education Committees shall be co-extensive with the duration of the district panchayat.(b)(i)The term of the other committees constituted under sub-section (1), shall be two years and on the expiry of the term it shall be reconstituted:Provided that where the unexpired part of the duration of the panchayat, during which the committee is reconstituted is less than two years, the term of the committee shall be co-extensive with the unexpired part of the duration of the panchayat.(ii)The term of the committee constituted under sub-section (2) shall not exceed one year.(10)A member or Chairman may resign from membership or chairmanship of a committee by tendering his resignation to the panchayat.(11)Any vacancy of an elected member occurring in the constitution of a committee shall be filled in by election.(12)The Education Committee shall, in the discharge of its functions exercise all the powers and discharge all the duties of the panchayat:Provided that where the Education Committee, exercises the powers and discharges the duties and functions of the District School Board vested in the District Panchayat under the Bombay Primary Education Act, 1947 (6 of 1947), the Committee shall notwithstanding anything contained in the said Act, exercise those powers and discharge those duties subject to the control of the District Panchayat.(13)The committee, other than the Education Committee constituted under this section shall, in the performance of their functions, exercise such powers and discharge such duties of the district panchayat as may be assigned to them by the Panchayat.(14)a district panchayat may at any time, withdraw from(a)any committee other than the Social Committee and the Education Committee, any of the powers, functions and duties assigned to it(b)the Education Committee, any of the powers, functions and duties, not falling in Part-II of Schedules-III, and assign the same to any other committee other than the Social Justice Committee.(15)Such of the powers, functions and duties of the panchayat as are not assigned to any committee, shall be exercised and performed by the district panchayat.(16)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 processing 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.(17)Notwithstanding the assignment of any powers, functions and duties of a 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 State Government.within a period of sixty days from the date of such decision and the panchayat or, as the case may be, the State Government, 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.
