Section 83 of The Manipur Panchayati Raj Act, 1994 — Dissolution of Gram Panchayats and Zilla Parishad in certain other cases

Bare section text

Official Legislative Text

(1)If, in the opinion of the Zilla Parishad, a Gram Panchayat exceed or abuses its powers or is not competent to perform or makes persistent default in the performance of the duties imposed on it under this Act or any other law for the time being in force, the Zilla Parishad may by order published in the Official Gazette, dissolve such Gram Panchayat.
(2)If in the opinion of the Government, a Zilla Parishad exceeds or abuses its powers or is not competent to perform or makes persistent default in the performance of the duties imposed on it under this Act or any other law for the time being in force, the Government may, by an order published in the Official Gazette, dissolve such Zilla Parishad.
(3)Before publishing an order under sub-section (1) or sub-section (2) the Zilla Parishad or the Government shall communicate to the Gram Panchayat or to the Zilla Parishad, as the case may be, the grounds on which it proposes to do so, and fix a reasonable period for the Panchayat concerned to show cause against the proposal and consider its explanation and objections, if any.
(4)When a Gram Panchayat or Zilla Parishad is dissolved all the members of Gram Panchayat or Zilla Parishad shall, from the date specified in the order, vacate their office as such members.
(5)If a Gram Panchayat or Zilla Parishad is dissolved:--
1. (a)all the powers and duties of the Gram Panchayat or Zilla Parishad shall, during the period of its dissolution be exercised and performed by such person or persons as the Zilla Parishad or the Government, as the case may be, may from time to time, appoint in this behalf;
2. (b)all property vested in the Gram Panchayat or Zilla Parishad shall during the period of dissolution vest in the Zilla Parishad or the Government, as the case may be; and
3. (c)the person is vacating office on dissolution shall be eligible for re-election.

Educational Study Layer

Summary

A Zilla Parishad can dissolve a Gram Panchayat if it fails to do its duty or abuses its power.
The State Government has the same power to dissolve a Zilla Parishad for the same reasons.
Before dissolution, the body must be given a "show cause" notice to explain its actions.
All members must leave their offices on the date the dissolution order begins.
During the dissolution period, the Zilla Parishad or Government appoints someone else to do the work.
People who lost their seats because of dissolution are still allowed to run in the next election.

Practical examples

1The Imphal Zilla Parishad discovers that a Gram Panchayat has been ignoring all safety rules and spending money on private parties. They send a notice asking for an explanation. When the answer is not good enough, they dissolve the Panchayat and appoint an administrator to take over.

2A Zilla Parishad refuses to hold meetings for a whole year and misses every development deadline. The Manipur Government issues a formal warning. When the Zilla Parishad continues to fail, the Government dissolves it and takes over its property and duties until a new election is held.

FAQ

1. Who can dissolve a Gram Panchayat for incompetence under Section 83 of the Manipur Panchayati Raj Act, 1994?

Under Section 83 of the Manipur Panchayati Raj Act, 1994, the Zilla Parishad has the power to dissolve a Gram Panchayat if it believes the Panchayat is not competent or has abused its powers.

2. Does a Panchayat get a chance to defend itself before being dissolved under Section 83 of the Manipur Panchayati Raj Act, 1994?

Yes, Section 83 of the Manipur Panchayati Raj Act, 1994, requires the dissolving authority to share the grounds for the proposal and give the Panchayat a reasonable period to show cause and offer an explanation.

3. What happens to village property when a Gram Panchayat is dissolved under Section 83 of the Manipur Panchayati Raj Act, 1994?

According to Section 83 of the Manipur Panchayati Raj Act, 1994, all property vested in the Gram Panchayat shall vest in the Zilla Parishad during the period of dissolution.

Practice Quiz

Q1.Under Section 83 of The Manipur Panchayati Raj Act, 1994, who has the power to dissolve a Zilla Parishad?

Q2.Under Section 83 of The Manipur Panchayati Raj Act, 1994, if a Gram Panchayat is dissolved, what is the status of its members regarding future elections?

Q3.Under Section 83 of The Manipur Panchayati Raj Act, 1994, which step must happen before an order of dissolution is published?

Q4.Comparing Sections 82 and 83 of The Manipur Panchayati Raj Act, 1994, which dissolution is caused by a failure to perform duties?

82PreviousSection 82 Powers of Government to dissolve and reconstitute Gram Panchayat and Zilla Parishad in case of alteration of area.84NextSection 84 Inquiry into the afffairs of the Panchayats by the Government.

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