State Act

Jharkhand Panchayat Raj Act, 2001_English

Section 107 Dissolution of Panchayats - (1) If at any time it appears to the State Government or the Prescribed Authority that a Gram Panchayat, Panchayat Samiti or Zila Parishad is persistently defaulting in performance of the duties imposed on it by or under this Act or any other Law for the time being in force or exceeds abuses its powers or does not obey any order of the State Government or the competent authority, then the authority as prescribed by the State Government, on holding such inquiry as he deems proper, may by an order dissolve the said Gram Panchayat, Panchayat Samiti or Zila Parishad and may order to constitute the same de novo. (2) No order under sub-section (1) shall be passed until (The Gram Panchayat, Panchayat Samiti or Zila Parishad), as the case may be, has been provided with reasonable opportunity to submit its explanation. A notice calling for explanation shall be addressed to the Mukhia, Pramukh or Adhyaksha of the Gram Panchayat, Panchayat Samiti or Zila Parishad respectively and shall be served as per provisions of section (148). Reply of the Panchayat as to the notice shall be submitted by a resolution of the Gram Panchayat, Panchayat Samiti or Zila Parishad. (3) On dissolution of a Gram Panchayat, Panchayat Samiti or Zila Parishad under sub-section (1) the following consequences, shall follow, such as:- (a) All the office - bearers shall vacate their respective office with effect from the date of such order; (b) All the powers and the duties of the Gram Panchayat, Panchayat Samiti or Zila Parishad shall, till its reconstitution, be exercised and performed by such person or such committee of persons as the State Government or prescribed Authority may appoint for this purpose, and where a committee of persons is so constituted a Chairperson (head) of the said committee shall also be appointed by the State Government or the prescribed Authority; (c) Where a committee is appointed under clause (b) of this sub-section, a member of the said committee duly authorised by it may file a suit or institute a proceeding on behalf of the Gram Panchayat, Panchayat Samiti or Zila Parishad or may enter defence in any suit filed or any legal proceeding instituted against them. (4) Any such person appointed to exercise the powers and perform the duties of the Gram Panchayat, Panchayat Samiti or Zila Parishad during the period of its dissolution may receive such payment for his services from the respective fund concerned as may be determined by the State Government by order. (5) A Gram Panchayat, Panchayat Samiti or Zila Parishad dissolved under sub-section (1) shall be reconstituted within a period of six months of its dissolution, such reconstituted Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be shall function for its remaining tenure; Provided that if the remaining tenure of a Gram Panchayat, Panchayat Samiti or Zila Parishad is less than six months, it shall not be reconstituted for the said tenure.