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State of Maharashtra - Section

Section 7 in The Maharashtra Village Panchayats Act, 1959

7. Meetings of Gram sabha.

(1)There shall be held at least [four meetings] [These words were substituted for the words 'six meetings' by Maharashtra 16 of 2012, Section 2(1)(a) (w.e.f. 2-10-2012).] of the Gram sabha [every financial year] [These words were substituted for the words 'every year' by Maharashtra 36 of 1965, Section 4(a).] on such date, at such [time and place, and in such manner] [These words were substituted for the words 'time and place' by Maharashtra 36 of 1965, Section 2(b).], as may be prescribed [and if the] [These words were added by Maharashtra 36 of 1965, Section 4(a).] Sarpanch, or in his absence the Upa-Sarpanch fails without sufficient cause, to [hold [any of such four meetings he shall be disqualified for continuing as Sarpanch or, as the case may be, Upa-Sarpanch or for being chosen as such for the remainder of the term of office of the members [of the panchayat;] [These words were substituted for the words 'hold such two meetings' by Maharashtra 38 of 1973 Section 2.] and the Secretary of the panchayat shall also if, prima facie, found responsible of any lapse in convening such meeting, be liable to be suspended, and for being proceeded against, for such other disciplinary action as provided under the relevant rules.] The decision of the Collector on the question whether or not there was such sufficient cause shall be final]:[Provided that, the Sarpanch may, at any time of his own motion, and shall, on requisition of the Standing Committee, Panchayat Samiti, or Chief Executive Officer, call a meeting of the Gram sabha within the period specified in the requisition; and, on the failure to do so, the Chief Executive Officer shall require the Block Development Officer to call the meeting within fifteen days from the date he is so required to do. The meeting shall, notwithstanding the provisions of sub-section (3), be presided over by him or any officer authorised by the Block Development Officer, in that behalf] [This proviso was substituted for the original by Maharashtra 36 of 1965, Section 4(b).]:[Provided further that, a period of not more than [four months] [These provisos were inserted by Maharashtra 3 of 2003, Section 2(a)(ii).] shall be allowed to elapse between the two meetings of the Gram sabha:Provided also that, if the Sarpanch or Upa-Sarpanch, as the case may be, fails to call any such meeting within the specified period, the Secretary shall call the meeting and it shall be presumed that, such meeting has been called with the concurrence of the Sarpanch or, as the case may be, Upa-Sarpanch.]
(2)Any Officer authorized in this behalf by the [Standing Committee, Panchayat Samiti or Chief Executive Officer] [These words were substituted for the word 'Collector' by Maharashtra 3 of 2003.] by general or special order shall have the right to speak in, and otherwise to take part in, the proceedings of a meeting of the Gram sabha, but shall not be entitled to vote.
(3)[ Unless otherwise provided in this Act, the first meeting of the Gram sabha after each general election to a panchayat and thereafter the first meeting of every year, shall be presided over by the Sarpanch and in his absence by the Upa-Sarpanch; and all other subsequent meetings of the year of the Gram sabha, shall be presided over by a person elected by the persons present in that meeting of the Gram sabha.] [Sub-section (3) was substituted by Maharashtra 3 of 2003, Section 2(b).]
(3A)[ In respect of the panchayat to which the Sarpanch is elected directly under section 30A-1A, unless otherwise provided in this Act, all meetings of the Gram Sabha after each general election to a panchayat, shall be presided over by the Sarpanch and in his absence by the Upa-Sarpanch; and in absence of both Sarpanch and Upa- Sarpanch, it shall be presided over by senior most member of panchayat by age present in that meeting of the Gram Sabha. In case no member of panchayat is present, the said meeting of the Gram Sabha shall be adjourned for a period of one week, and such adjourned meeting shall be presided over by Sarpanch and in his absence by Upa-Sarpanch and in absence of both the Sarpanch and Upa-Sarpanch by the senior most member of the panchayat by age present in the meeting of Gram Sabha. In case no member of panchayat is present, such meeting shall be presided over by an officer authorized by the Block Development Officer in that behalf.] [Inserted by Maharashtra Act No. 54 of 2018, dated 13.8.2018.]
(4)If any dispute arises as to whether a person is entitled to attend a meeting of a Gram sabha, such dispute shall be decided by the person presiding, regard being had to the entry in the list of voters for a whole village or ward thereof, as the case may be, and his decision shall be final.
(5)[ The meeting of the women members of the Gram sabha shall be held before every regular meeting to the Gram sabha, convened under sub-section (1) [and the proceedings of such meeting shall invariably be brought or caused to be brought before every regular meeting of the Gram sabha by the Sarpanch, and the Gram sabha shall consider the recommendations made in the meeting of the women members, and the panchayat shall ensure the implementation of such recommendations:] [These sub-sections were added by Maharashtra 3 of 2003, Section 2(c).]Provided that, if the Gram sabha is not agreeable to the recommendations made in the meeting of the women members, it shall record the reasons therefor.]
(5A)[ Every member of the panchayat representing a ward shall, before every regular meeting of the Gram sabha and meeting of the women members of the Gram sabha, convene a meeting of all the voters in such ward and such ward sabha may discuss issues relating to development of the ward, selection of individual beneficiaries for individual beneficiary schemes of the State, or as the case may be, of the Central Government, development projects and programmes and such other related issues as the ward sabha deems fit and which are likely to be placed before the regular meeting of the Gram sabha for consideration and decision. The proceedings of such meeting shall be maintained by such member under his signature and a copy of the same shall invariably be sent to the panchayat which shall form part of the records of the panchayat.] [Sub-section 5A was Inserted by Maharashtra 16 of 2012, Section 2(3), (w.e.f. 2-10-2012).]
(6)The Gram sabha shall have the disciplinary control over the Government, semi-Government and panchayat employees working in the village including the matters relating to their daily attendance in the office. The annual evaluation of such employees shall be brought to the notice of their respective higher authorities by the Gram sabha.[Provided that, Gram sabha may, by resolution, delegate its authority to the panchayat to exercise general supervision over the Government, semi-Government and panchayat employees including regular and timely attendance at their work place. The mode of recording of attendance and supervision shall be such as the Government may, from time to time, specify by an order in the Official Gazette.] [This proviso was added by Maharashtra 16 of 2012, Section 2(4) (w.e.f, 2-10-2012).]
(7)The Gram sabha [, or as the case may be, the panchayat] [These words were inserted by Maharashtra 16 of 2012, Section 2(5) (w.e.f. 2-10-2012).] shall report to the concerned Block Development Officer, the irregularities, if any, committed by any of such employees. The Block Development Officer shall consider such report within the period of three months from the date of its receipt. Such matters and the actions taken thereon shall be reviewed in the regular meetings of the Panchayat Samiti. If, the Block Development Officer fails to dispose of such reports within the specified period of three months, the same shall on the expiry of the said period, stand transferred to the Chief Executive Officer of the concerned Zilla Parishad for disposal, whose decision shall be final. The Chief Executive Officer of the Zilla Parishad shall take the decision on such reports so transferred to him, within a period of three months from the date of their receipt.
(8)The Gram sabha shall select the beneficiaries for individual beneficiary schemes of the State, or as the case may be, of the Central Government.
(9)The Gram sabha shall generally fix the date, time and place of the next meeting of the Gram sabha, in its previous meeting.
(10)Unless exempted by the Gram sabha, [, or as the case may be, the panchayat] [These words were inserted by Maharashtra 16 of 2012, Section 2(6) (w.e.f. 2-10-2012).] all the Government, semi-Government and panchayat employees working in the village shall attend the meetings of the Gram sabha.
(11)The proceedings of every meeting of the Gram sabha shall be prepared and maintained [in a separate register] [These words were inserted by Maharashtra 16 of 2012, Section 2(7)(a) (w.e.f. 2-10-2012).] by the concerned Secretary of the panchayat and in his absence, the proceedings shall be prepared by any Government, semi-Government or panchayat employee working in the village, such as Teacher, Talathi or Anganwadi Sevika as directed by the Sarpanch and the same shall be handed over to the panchayat for records.[Provided that, it shall be a joint responsibility of the Sarpanch and Secretary of the concerned panchayat to maintain secured custody and proper safety of proceeding register, attendance register and other relevant records of the Gram sabha, and they shall be primarily held responsible for any tampering, alteration, manipulation of entries or contents or loss or mutilation of such record unless proved otherwise and shall be liable to be prosecuted under relevant provisions of the Indian Penal Code.] [This proviso was added by Maharashtra 16 of 2012, Section 2(7)(b) (w.e.f. 2-10-2012).]