Section 41 in U.P. Zila Panchayats (Conduct of Proceedings) Rules, 1962
41. Procedure of committees of [Zila Panchayat] [Substituted by U.P. Act No. 9 of 1994.].
(1)Subject to the provisions of Section 76 of the Act the Chairman of a Committee may, on his own motion or upon the written request of the Adhyaksha of the [Zila Panchayat] [Substituted by U.P. Act No. 9 of 1994.] or of not less than two members of the Committee call a meeting of the Committee for which a notice along with the list of business to be transacted in the meeting shall be sent to each number at least three days before the date fixed for the meeting.(2)No business shall be transacted at a meeting of committee unless there be present at least one-half of the total number of members for the time being, when the business is required under provisions of the Act or the rules made thereunder, to be transacted by a special resolution and one-third of such number in any other case.(3)Where it is necessary to postpone any business at a meeting for want of the prescribed quorum, the Chairman shall adjourn the meeting to another date and business postponed for want of the prescribed quorum shall be transacted on such other date notwithstanding any deficiency in the number of members present.(4)If at a meeting the Chairman of the Committee is absent, its Vice-Chairman and if the Vice-Chairman is also absent the person who is elected by the members present, other than the co-opted members, if any out of themselves, shall preside at the meeting. He shall perform all the duties and may exercise all the powers and be subject to all the obligations of the Chairman while so presiding.(5)No business which is required to be transacted by special resolution under any provision of the Act or the rules made thereunder shall be transacted in a meeting of a committee unless previous notice of the intention of transact such business has been given.(6)No resolution other than an official resolution shall be considered by a committee unless it is seconded by another member of the committee.(7)The provisions of Rules 33, 36 and 38 shall apply mutatis mutandis to the meetings of the committees :Provided that Rule 38, shall, for this purpose be so construed as to required that copy of every resolution passed by a Committee shall be forwarded to the [Zila Panchayat] [Substituted by U.P. Act No. 9 of 1994.],(8)A Committee may require its Secretary or any other officer of the [Zila Panchayat] [Substituted by U.P. Act No. 9 of 1994.] to supply or produce at any of its meetings-(a)any return, statement, estimates, statistics or other information relating to any matter or subject falling within the purview of the committee;(b)any report, correspondence or plan or other document or a copy thereof which is in his possession or control as such officer and which is relevant for the consideration by the Committee of any matter falling within its purview :Provided that in the event of any doubt whether any return, statement, statistics or other information or any report, correspondence, plan or other document asked for by a committee relates to a matter or subject falling within the purview of such committee or is relevant for the consideration of any such matter or subject by such Committee, the same shall be referred to the Adhyaksha, whose decision shall be final.(9)The compliance of the requisition made under sub-rule (8) shall be made by the concerned officer without unreasonable delay.(10)Members of a committee may within the limits of time fixed by the Chairman, ask any questions with a view to eliciting information connected with any subject or matter falling within the purview of the Committee. Where such a question is asked by any member, the Chairman shall as far as possible furnish the required information forthwith. Where the required information cannot be readily furnished, it shall be so done on a suitable future date to be fixed by him. The provisions of clauses (a) and (c) of sub-rule (2) of Rule 11 and sub-rule (2) of Rule 12 shall apply mutatis mutandis to the questions asked under this sub-rule :Provided that the reference to Adhyaksha in these clauses and sub-rule shall be deemed reference to the Chairman.
