OBG Act 26Chapter III · Constitution, powers and functions of the Grams Parishad

Section 26 · Supersession of a Grama Parishad

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(1)

If at any time, the State Government are of opinion that a Grama Parishad-

(a)

is not competent to perform, or persistently makes default in performing the duties assigned to it by or under this Act ; or

(b)

exceeds or abuses the power assigned to it by or under this Act; or

(c)

is not functioning fit a manner consistent with the provisions of this Act or the rules framed thereunder;
they may, by notification, and stating the reasons therefor, supersede the Grama Parishad for such period not exceeding one year as may be specified herein ;Provided that before issuing any such notification, the State Government shall give an opportunity to the Grama Parishad to show cause why it should not be superseded and shall consider the explanations and objections, if any, filed by the Parishad within one month from the date of receipt of the show cause notice and shall also consult the Samiti.

(2)

Upon publication of a notification under Sub-section (1) supterseding the Grama Parishad-

(a)

the President and Vice-President of the Grama Parishad and the Presidents and the members of all committees constituted by it shall, with effect from the date of notification, vacate their offices as such;

(b)

all the powers and duties of the Grama Parishad shall, during the period of supersession, be exercised and performed by such person or persons, as the State Government may, from time to time, appoint in this behalf; and

(c)

all properties vested in the Grama Parishad shall vest in the, State Government.

(3)

On or before the expiration of the period of supersession specified in the notification issued under Sub-section (1) the State Government may extend the period of supersession for such further period, not exceeding one year at a time, as they may consider necessary and on the expiration of the period of supersession either as originally specified or as extended, the Grama Parishad shall resume its functions and elect its President and Vice-President and constitute the Committee in the manner provided in this Act:Provided that the State Government may, at any time before the expiration of the period of supersession, by notification, reduce the said period.

(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 Grama Parishad and the balance, if any, shall be credited to the fund of the Grama Parishad.

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