State Act

The Maharashtra Village Panchayats Act.

38. Executive power of panchayat Functions of Sarpanch and Upa-Sarpanch.— (1) The executive power, for the purpose of carrying out the provisions of this Act and the resolutions passed by a panchayat, vests in the Sarpanch who shall be directly responsible for the due fulfilment of the duties imposed upon the panchayat by or under this Act. In the absence of the Sarpanch, the powers and duties of the Sarpanch shall, save as may be otherwise prescribed by rules, be exercised and performed by the Upa-Sarpanch. (2) Without prejudice to the generality of the foregoing provisions— (i) the Sarpanch shall— (a) 2[save where otherwise provided in this Act, preside over] and regulate the meetings of the panchayat; 3[* * * * *] (c) exercise supervision and control over the acts done and action taken by all officers and servants of the panchayat 4[including supervision over the keeping and maintenance of records and registers of the panchayat in the custody of the Secretary] ; 5[* * * * *] (h) cause to be prepared all statements and reports required by or under this Act ; (i) exercise such other powers and discharge such other functions as may be conferred or imposed upon him by this Act or rules made thereunder ; 6[(i-a) a Sarpanch may issue under his signature and under the seal of the panchayat, income certificates which are required to be issued under any directions of Government ;] 7[(i-a) in respect of the panchayat to which the Sarpanch is directly elected under section 30A-1A, the Sarpanch shall also exercise the following powers, functions and duties,— (a) finalise the agenda of panchayat meetings : Provided that, if three or more members demands regarding inclusion of any item on agenda for immediate next meeting, the Sarpanch shall include the same in next meeting : Provided further that, no ad-hoc financial business shall be transacted unless it forms a part of the circulated agenda : Provided also that, if the panchayat resolves on any subject that is detrimental to the well-being of the village at large in the opinion of Sarpanch, the Sarpanch shall cause the resolution to be kept for final decision immediately in the next following Gram Sabha, and the decision of the said Gram Sabha shall be final ; (b) prepare the annual budget of panchayat ; (c) exercise all other powers to implement the schemes in consultation with panchayat ;] (j) call meeting of Gram Sabha as provided in section 7 and preside over them ; 1[(k) finalise the agenda of panchayat meetings : Provided that, if three or more members demands inclusion of any item on agenda for immediate next meeting, the Sarpanch shall include the same in the next meeting : Provided further that, no ad-hoc financial business shall be transacted in the meeting unless it forms a part of the circulated agenda ; (l) prepare the annual budget of panchayat ; (m) exercise all other powers to implement the schemes in consultation with panchyat;] (ii) the Upa-Sarpanch shall,— (a) in the absence of the Sarpanch preside over and regulate the meetings of the panchayat 2[except where otherwise provided in this Act] ; (b) exercise such of the powers and perform such of the duties of the Sarpanch as the Sarpanch may, from time to time, delegate to him ; (c) pending the election of a Sarpanch or in case the Sarpanch has been continuously absent from the village for more than fifteen days or is incapacitated, exercise the powers and perform the duties of the Sarpanch. (3) Every meeting of a panchayat shall, in the absence of both the Sarpanch and the Upa-Sarpanch, be presided over by such one of the members present as may be chosen by the meeting to be Chairman for the occasion. 3[(4) Save as otherwise provided by this Act, the powers, duties and functions of the Sarpanch shall, in cases where there is no person competent to exercise or perform them for any reason whatsoever, be exercised and performed by any member of the Gram Sabha nominated by the Panchayat Samiti who is qualified to be elected. The member so nominated shall when presiding over any meeting of the panchayat have power and follow the procedure prescribed, but shall not have the right to vote.] 4[(4A) If in the opinion of the Sarpanch or the person who presides over the meeting, the resolution of the panchayat on any subject is detrimental to the well-being of the village at large, the person presiding over the meeting shall cause the resolution of the panchayat to be kept for final decision in the immediate next following Gram Sabha, and the decision of the Gram Sabha thereon shall be final.] 5[(5) Nothing contained in this section shall make the Sarpanch liable for any action taken by the Secretary for which he is made solely responsible under 6[sub-section (4)] of section 57.]