Section 38 in Bihar Panchayat Raj Institutions (Conduct of Business) Rules, 2015
38. Resolution.
(1)Any matter requiring the decision of Gram Panchayat/Panchayat Samiti/Zila Parishad, as the case may be, shall be put up in form of a resolution.(2)The presiding member shall decide on the admissibility of a resolution and shall disallow any resolution which in his opinion is irrelevant, contravenes the provisions of the Act or the Rules made thereunder, and his decision shall be finial.(3)Every resolution shall be (a) of an affirmative character, (b) clearly and appropriately expressed and a definite subject shall be mentioned in it and (c) shall not contain arguments, inferences, ironical expressions or defamatory statements, nor it shall be referred to the conduct or character of a person except in his official or public capacity.(4)Notice of resolution shall be given in writing and signed by the proposer and be accompanied by a copy of the resolution.(5)Only such resolution, the notice of which has been given at least seven clear days before the convening of any meeting, shall be considered in that meeting, but the presiding member may allow, for reasons to be recorded by him, a resolution to be entered on the list of minutes with short notice.(6)A member in whose name a resolution appears on the list of minutes shall, when called on, either - (i) present the resolution or (ii) withdraw the resolution and he shall only address to that effect.(7)If the member when called on is absent, the resolution entered in his name shall be deemed to have been withdrawn.(8)Every resolution shall be seconded by any other member, otherwise it shall not be considered.(9)The discussion on a resolution shall be only on the subject relating to the resolution.(10)After the debate on a resolution is concluded, the presiding member shall put it for voting.(11)When a resolution is put for voting the presiding member shall call the members present for a voting on it by show of hands in favour and against the resolution and after counting them shall declare the result.(12)If several points have been raised in a resolution, the presiding member shall present for voting all such points or some specific point which he in his discretion deems fit for voting.(13)Routine resolutions, namely periodical statements and proceeding of the Standing Committees may be put to the meeting by the presiding Officer without their moving by any member or seconded.(14)The presiding member shall have the same right to move motion/resolution or to be seconder or to support or to speak as general members.(15)All matters to be put before a Panchayati Raj Institution at any meeting for voting shall, unless otherwise specifically provided, be decided by a simple majority of the members present and voting at the meeting. When any matter may be put for voting, the presiding member shall ask the members to vote by show of hands and count the hands raised in favour or against it and declare the result. The presiding member, unless he refrains from voting, may cast his vote before declaring the number of vote for and against a matter, and in case of equality of votes, the presiding member may exercise his casting vote. In case of any matter not passed unanimously, the names of the members casting their votes for and against the matter shall be recorded if demanded by any member present at the meeting. Officers attending the meeting of Panchayati Raj Institutions shall have no right to vote on any matter.(16)No motion of a Gram Panchayat/Panchayat Samiti/Zila Parishad shall be modified or rescinded within six months after passing thereof unless a motion has been passed by not less than one-half of the total number of members at an ordinary or special meeting the notice of which has been given fulfilling the requirements of Rule 37 and having detail statement of such motion in which the motion is to be modified or rescinded.
