Rajasthan Panchayati Raj Rules 1996 (Chapter 3 Transfer of charge and vacation of seats)

19. Transfer of charge. – (1) Whenever a charge is required to be handed over under Section 25 (1) of the Act, such member, Chairperson or Deputy Chairperson shall get a list prepared of registers and articles in his actual physical possession and hand over them to the person mentioned in Section 25(1). In the case of Panchayat, Sarpanch shall hand over the minute book of the meetings of the Panchayat to his successor and also verify that the Cashbook, Pass Book, Cheque Book, Cash balance, Patta register, Gram Sabha meeting register are available in Panchayat Office. Though all such record remains in the custody of the Secretary as per Section 78(2) Sarpanch is also responsible for the safe custody of such record.

(2) The person making over and taking over the charge shall both put their signatures and date at the bottom of such list in token of transfer of charge.

(3) Charge list shall be prepared in quadruplicate. One copy shall be sent to the Panchayat Samiti, one to be retained as an office copy, and two for handing over and taking over persons.

20. Taking assistance of the Chief Executive Officer in case of failure to hand over charge. – (1) On failure to hand over charge by any person under Section 25(1), a request in writing may be made to the Chief Executive Officer for taking action under Section 88(1) of the Act and the Chief Executive Officer will cause to hand over the charge to the newly elected person.

21. Notice of motion of No-confidence. – (1) A written notice of intention to make a motion expressing want of confidence under Section 37 in the Chairperson or Deputy Chairperson of a Panchayati Raj Institution shall be in Form 1 and shall be delivered to [the competent authority].

(2) Notice of the meeting shall be sent by the [competent authority] by post under certificate of posting not less than 15 clear days before the date of the meeting and the date and the time appointed therefore in Form II to every directly elected Panch/Member at his ordinary place of residence. Copy of such notice shall also be put on the notice board of such Panchayati Raj Institution :

Provided that in case of a place where there is no post office, or where service of the notice cannot be affected expeditiously, such notice shall be served through Tehsildar concerned.

22. Procedure of inquiry. – (1) Before taking any action under Sub-Section (1) of Section 38, where on its own motion or upon any complaint the State Government may ask the Chief Executive Officer or any other officer to get a preliminary inquiry done and to send his report to the State Government within one month.

(2) If upon consideration of the report received as aforesaid or otherwise, the State Government thinks that action under Sub-Section (1) of Section 38 is necessary, the State Government shall frame definite charges and shall communicate them in writing to the Chairperson, Deputy Chairperson or Member of the Panchayati Raj Institution together with such details as may be deemed necessary. He shall be required to submit a written statement within one month admitting or denying the allegations, giving his defense, if any, and whether he desires to be heard in person.

(3) State Government may after the expiry of the prescribed period and considering such written statement, appoint an Enquiry Officer and also nominate any person to present the case before the Enquiry Officer on behalf of the State.

(4) Enquiry Officer shall consider such documentary evidence and take such oral evidence as may be relevant or material regarding the charges. The opportunity for cross-examination of witnesses shall be provided to the opposite side.

(5) Enquiry Officer shall prepare a report on the conclusion of the inquiry, recording his findings on every charge as proved or not proved or partly proved along with the reasons therefore, and submit it to the State Government for final decision.

(6) The provisions of the Rajasthan Disciplinary Proceedings (Summoning of witnesses and production of documents) Act, 1959 (Rajasthan Act No. 28 of 1959) and the rules made thereunder shall also apply mutatis mutandis to inquiries being conducted against the Chairperson, the Deputy Chairperson or Member of Panchayati Raj Institution as the case may be, under these rules.

(7) State Government shall consider the findings of the enquiring Officer and after giving him the opportunity of hearing, may either exonerate or remove such Chairperson, Deputy Chairperson, or Member from the Office or pass appropriate orders. In case of removal, it shall also be published in the official gazetted :

Provided that findings shall be recorded against them if the term of the election of such Panchayati Raj Institution has already expired.

23. Procedure for removal in case of disqualification. – (1) Whenever it is represented too, or otherwise brought to the notice of the Chief Executive Officer in case of Panch/Sarpanch and to the State Government in case of Pradhan/Up-Pradhan, Pramukh/Up-Pramukh or Member of a Panchayati Raj Institution, who has been declared to be duly elected as such or who has been appointed as such under any provision of the Act, was not qualified, or was disqualified, for such election or appointment at the time when he was so elected or appointed or has thereafter become disqualified for continuing as such member, the competent authority shall draw up clearly and precisely the alleged disqualification or disqualifications forming the subject of the representation made to it, or otherwise brought to its notice, and shall forthwith issue a notice to such member, which shall: –

(i) Set out the gist of the allegations against, him.

(ii) Fix a date, not less than fifteen days after the date of issue of the notice, on which the inquiry shall be made.

(iii) Require him to show cause, for personal appearance or in writing, why his seat should not be declared by the State Government to be or to have become vacant on the ground of his having been not qualified, or disqualified, as alleged.

(iv) Call upon him to produce, in denial of the allegation, such documentary or other evidence as may be in his possession, and

(v) Invite him to appear personally, if he so desires, on the date fixed by the notice, and a copy of the notice shall be sent also to the information if any.

(2) On the date fixed by the notice, the Chief Executive Officer or the State Government as the case may be, shall hear the informant, if any, as well as the member if he appears before him and requests for a personal hearing shall consider the document and other evidence produced by them in proof or disproof of the allegation or allegations, shall make such further inquiry as he may think necessary, shall record a finding as to the alleged disqualification or disqualifications and shall either order the proceedings to be dropped or declare the seat of such Member to have become vacant or make such other order as may be proper in the circumstances of the case under Section 39 of the Act.

24. Vacation for absence from meetings. – (1) If, a member has absented himself from three consecutive meetings of the Panchayati Raj Institution, the matter shall be placed before the Panchayati Raj Institution and such Panchayati Raj Institution, if it is satisfied that the member has absented himself from three consecutive meetings without giving information in writing, shall pass a resolution to the effect that the absentee has remained absent on three consecutive meetings and forward a copy of the resolution together with the record of meeting and any other papers that may be relevant to the Chief Executive Officer in case of Panch/Sarpanch and to the State Government in case of others along with their recommendation.

(2) On receipt of the record referred to in Sub-rule (1), the Chief Executive Officer or the State Government as the case may be, may upon perusing the record and considering the recommendation of the Panchayati Raj Institution and after making such further inquiry as he may consider necessary and after giving the absentee an opportunity of being heard declare such seat to have become vacant.

(3) Copies of final orders shall be sent to the Zila Parishad and the Panchayati Raj Institution concerned.

(4) The State Government may satisfy itself as to the correctness, legality, and propriety of any order passed by the Chief Executive Officer, examine the connected records, and may confirm, vary or rescind such order.

25. Vacation of the seat for not taking the oath. – (1) In respect of a member of a Panchayati Raj Institution, the Chief Executive Officer in case of Panch/Sarpanch and the State Government in other cases, finds that such member has not taken the prescribed oath or affirmation, within three months from the date of notification under Section 23, he shall call for necessary information in the matter from the officers concerned mentioned in Sub-rule (2) of Rule 76 of the Rajasthan Panchayati Raj (Election) Rules 1994, to reach him within a fortnight of the date of his requisition.

(2) If from such information, it is found that such member has not till then made the required oath or affirmation, the Chief Executive Officer in case of Panch/Sarpanch and State Government in case of Pradhan/Up-pradhan, Pramukh/Up-Pramukh or member may after such further inquiry as he may consider necessary and after giving the concerned member an opportunity of being heard declare such seat to have become vacant or make such other order as he may think proper in the circumstances of the case.

26. Vacation of seats or offices to be published. – The name and designation of the Chairperson, Deputy Chairperson, or Member whose place has fallen vacant under Section 39 or 41 of the Act, shall be published on the notice Board of the Panchayati Raj Institution, Concerned by the Chief Executive Officer on his behalf or on behalf of the State Government as the case may be. It shall also be reported to the State Government as well as to the State Election Commission.