State Act

Jharkhand Panchayat Raj Act, 2001_English

Section 160 Power of Government to dissolve and reconstitute Panchayats when the limits of panchayat areas are altered - (1) When on account of the reason that the limits of a Panchayat area are altered, the Government may, by order published in the official gazette, dissolve such Panchayat from a date specified in the order and direct that the Gram Panchayat, Panchayat Samiti or Zila Parishad concerned - (i) Be reconstituted for the Panchayat area of which the Gram Panchayat or the Block of which the Panchayat Samiti, Or the District of which the Zila Parishad has been dissolved; or (ii) Be established for a Panchayat area, Block or District which has been newly constituted. (2) The members of the dissolved Gram Panchayat, Panchayat Samiti or Zila Parishad, under sub-section (1), shall vacate their respective offices from the date specified in the order of the government. (3) The Gram Panchayat, Panchayat Samiti or Zila Parishad reconstituted or established under the provisions of sub-section (1) shall consists of members nominated by the government and such members shall as far as may be practicable the persons who were members of the Gram Panchayat, Panchayat Samiti or Zila Parishad which has been dissolved under sub-section (1). (4) The Mukhia / Pramukh or Adhyaksha of Gram Panchayat / Panchayat Samiti or Zila Parishad shall be elected in the manner provided for in this Act. (5) The term of the Gram Panchayat, Panchayat Samiti or Zila Parishad so reconstituted or established shall be for such period not exceeding six months as the government shall by order specify. (6) Before the expiry of the term of the Gram Panchayat, Panchayat Samiti or Zila Parishad constituted under sub- section (5), every Gram Panchayat, Panchayat Samiti or Zila Parishad shall be constituted in the manner as provided by this Act. Provided that where the remainder of the period for which the dissolved Gram Panchayat, Panchayat Samiti or Zila Parishad would have continued, is less than six months, it shall not be necessary to hold an election under this section for constituting a Gram Panchayat, Panchayat Samiti or Zila Parishad for such period. (7) A Gram Panchayat, Panchayat Samiti or Zila Parishad constituted under sub-section (6) shall continue only for the remainder of the period for which the dissolved Gram Panchayat, Panchayat Samiti or Zila Parishad would have continued had it not been so dissolved. (8) When a Gram Panchayat, Panchayat Samiti or Zila Parishad has been dissolved and reconstituted or established under this section, such of the Gram Panchayat, Panchayat Samiti or Zila Parishad fund and other property vested in the Gram Panchayat, Panchayat Samiti or Zila Parishad which has been dissolved shall vest in and such portion of the debts and obligations shall be transferred to the Gram Panchayat, Panchayat Samiti or Zila Parishad reconstituted or established under this section as the Government may by order in writing direct. (9) The rights and liabilities of the Gram Panchayat, Panchayat Samiti or Zila Parishad which has been dissolved, in respect of civil and criminal proceedings, contracts, agreements and other matters or things arising in and relating to any part of the area subject to the authority of the Gram Panchayat, Panchayat Samiti or Zila Parishad reconstituted or established shall vest in such Gram Panchayat, Panchayat Samiti or Zila Parishad. (10) Any appointment, notification, notice, tax, order, scheme, license, permission, rule, regulation or from made, issued, imposed or granted by the Gram Panchayat, Panchayat Samiti or Zila Parishad, which has been dissolved in respect of any part of the area subject to the authority of the Gram Panchayat, Panchayat Samiti of Zila Parishad which has been reconstituted or established, shall be deemed to have been made, issued, imposed or granted by such Gram Panchayat, Panchayat Samiti or Zila Parishad unless and until it is suspended by any appointment, notification, notice, from, order, scheme, license, permission, rule, regulation or from made, issued, imposed or granted by such Gram Panchayat, Panchayat Samiti or Zila Parishad. (11) If any difficulty arises in giving effect to the provisions of the preceding sub-sections, the government may, by order published in the official gazette, as the occasion may require, do any thing which appears to it to be necessary to remove the difficulty.