(1)If, in the opinion of the Government a Gram Sabha,-(a)is not competent to perform, or persistently makes default in performing, the duties assigned to it by this Act,(b)exceeds or abuses the powers assigned to it under this Act, or(c)is not functioning in a manner consistent with the provisions of this Act or the Rules framed thereunder.The Government may, by notification in the Official Gazette, stating the reasons for its order, declare that Gram Sabha to be incompetent or in default or to have exceeded or abused its power or to have not been functioning in a manner consistent with the provisions of this Act or the Rules framed there under, as the case may be, and supersede it for such period not exceeding one year at a time:Provided that before any such notification is issued the Gram Sabha concerned shall be given a reasonable opportunity of showing cause why the proposed declaration should not be made:[Provided further that before forming such opinion the Government shall refer the matter to the Bihar Bhoodan Yagna Committee, constituted under the Bihar Bhoodan Yagna Act, 1954 (Bihar Act XXII of 1954), which may set the latter right, failing which the Government may proceed to take action herein provided] [Added by Bihar Act 6 of 1978, vide Section 26 (w.e.f. 23rd August, 1978).].(2)On the supersession of a Gram Sabha under sub-section (1)-(a)the President and members of all committees constituted by the Gram Sabha shall, from the date specified in the notification, vacate their Office.(b)the Officers and employees of the Gram Sabha shall cease to hold office with effect from the date of supersession provided that any person appointed by the Government under sub-clause (c) may direct the continuance in office of any of the officers or employees of the Gram Sabha for such time and on such terms as he may specify;(c)all the powers and duties of the Gram Sabha or any committee thereof shall, during the period of supersession, be exercised and performed by such persons as the Government may from time to time appoint in this behalf; and(d)all properties vested in the Gram Sabha and any balance of the Gram Nidhi shall be vested in, and such of its liabilities as may have been incurred in the discharge of its liabilities as may have been incurred in the discharge of its legitimate functions or which have been incurred in the course of normal duties performed by the Gram Sabha concerned shall be transferred to the Collector or the Deputy Commissioner of the District, as the case may be, who shall make such arrangements as may be deemed necessary, until the expiration of the period of supersession.(3)On the expiration of the period of suppression specified in the notification, the Government may, if, in its opinion, it is so necessary, extend the period of supersession for such further term, as it may consider necessary, but not exceeding one year at a time, and on the expiration of the period of supersession, either as originally specified or extended, the Gram Sabha shall resume its functions and elect and its President and constitute the Committees, in the manner provided in this Act:Provided that the Government may, at any time before the expiration of the period of supersession, withdraw any notification issued under sub-section (1).(4)The income derived from the Gramdan village during the period of supersession shall first be utilised towards the cost of Management during the period of supersession and liquidation of liabilities of the Gram Sabha and the balance shall be credited to the Gram Nidhi.
