(1) A Panchayat Samiti shall hold
a meeting for the transaction of business at least once in two months
(hereinafter in this section called the ordinary meeting) and shall subject to the
provisions of the following sub-sections, make regu lations in conformity with
this Act or with any rules made thereunder with res pect to the day, hour,
notice, management and adjournment of its meetings and generally with
respect to the transaction of business thereto.
(2) Every meeting of the Panchayat Samiti shall ordinarily be held at the
headquarters of the Panchayat Samiti.
(3) The date of the first meeting of the Panchayat Samiti after its constitution
shall be fixed by the Subdivisional Magistrate who shall preside at such
meeting and date of each subsequent ordinary meetin g shall be fixed at the
previous meeting of the Panchayat Samiti, provided that the Pramukh may for
sufficient reason alter the day of the meeting to a subsequent date. The
Pramukh may, whenever he thinks fit and upon the wr itten request of not less
than one third of the total number of members and o n a date within fifteen
days from the receipt of such request shall call a special meeting. Such
request shall specify the object for which the meeting is proposed to be called.
If the Pramukh fails to call a special meeting, the Up-Pramukh or one-third of
the total number of members may call the special me eting for a day not more
than fifteen days after presentation of such reques t and require the Executive
Officer to give notice to the members and to take s uch action as may be
necessary to convene the meeting.
(4) Ten clear days’ notice of an ordinary meeting a nd seven clear days’
notice of a special meeting specifying the time at which such meeting
is to be held and the business to be transacted the reat shall be sent
to the members and affixed at the office of the Pan chayat Samiti.
Such notice shall include in case of a special meet ing any motion or
proposition mentioned in the written request made for such meeting.
(5) Half of the total number of members of the Panc hayat Samiti shall
form a quorum for transacting business at a meeting of the Panchayat
Samiti. If at the time appointed for the meeting a quorum is not
present, the person presiding shall wait for one ho ur and if within
such period there is a quorum, proceed with the mee ting, but if within
such period there is no quorum, the person presidin g shall adjourn
the meeting to such hour on some future day as he m ay deem fit. He
shall similarly adjourn the meeting at any time aft er it has begun if his
attention is drawn to the want of quorum. At such a djourned meetings
a quorum of at least one fifth of the total number of member shall be
required and the business which would have been bro ught before the
original meeting shall be transacted.
(6) Every meeting shall be presided over by the Pra mukh or if he is
absent by the Up-Pramukh and if both are absent or if the Pramukh is
absent and there is no Up-Pramukh the members prese nt shall elect
one from among themselves to preside.
(7) All questions shall, unless otherwise especiall y provided, be decided
by a majority of votes of the members present and v oting. The
presiding member, unless he refrains from voting, s hall give vote
before declaring the number of votes for and agains t a question and
in case of equality of votes he may give his casting vote.
(8) No member of a Panchayat Samiti shall vote on, or take part in
the discussion of, any question coming up for consi deration at a
meeting of the Panchayat Samiti, if the question is one in which, apart
from its general application to the public, he has any pecuniary or
personal interest and if the person presiding has s uch an interest, he
shall not preside over the meeting when such questi on comes up for
consideration.
(9) If the person presiding is believed by any memb er present at the
meeting to have any such pecuniary or personal interest in any matter
under discussion and if a motion to that effect be carried, he shall not
preside at the meeting during such discussion or vo te on or take part
in it. Any member of the Panchayat Samiti may be ch osen to preside
at the meeting during the continuance of such discussion.
(10) No proposition shall be discussed at any ord inary meeting unless it
has been entered in the notice convening such meeti ng or in the case of a
special meeting in the written request for such mee ting. A member may
propose any resolution connected with or incidental to the subjects included in
the list of business. The Pramukh may propose any u rgent subject of a routine
nature not included in the list of business if no m ember objects to it. No
permission shall be given in the case of a motion o r proposition to modify or
cancel any resolution within three months after pas sing thereof except in
accordance with sub-section (12). The order in whic h any business or
proposition shall be brought forward at such meetin g shall be determined by
presiding authority who in case it is proposed by any member to give particular
proposition shall put the proposal to the meeting and be guided by the majority
of votes given for or against the proposal.
(11) Any ordinary meeting may with the consent of a majority of the
members present be adjourned from time to time but no business shall be
transacted at any adjourned meeting other than that left or undisposed at that
meeting.
(12) No resolution of Panchayat Samiti shall be modified or cancelled
within six months after passing thereof except by a resolution passed by not
less than one-half of the total number of members a t an ordinary or special
meeting the notice whereof shall have been given fu lfilling the requirements of
sub-section (4) and setting forth fully the resolut ion which it is proposed to
modify fully or cancel at such meeting and motion o r proposition for
modification or cancellation of such resolution.
(13) The proceeding of every meeting shall be recorded in the minutes
book immediately after the deliberations of the mee ting and shall after being
read over by the presiding authority of the meeting be signed by him. The
action taken on the decisions of the Panchayat Sami ti shall be reported at the
next meeting of the Panchayat Samiti. The minutes b ook shall always be kept
in the office of the Panchayat Samiti. The Executiv e Officer shall be the
custodian of the minute book.
(14) The Panchayat Samiti may require the presence of Government
officers at its meeting. If it appears to a Panchay at Samiti that the attendance
of any officer of the Government having jurisdiction over an area of a district or
part of a district and not working under the Pancha yat Samiti is desirable at a
meeting of the Panchayat Samiti, the Executive Offi cer shall by a letter
addressed to such officer not less than fifteen day s before the intended
meeting request that officer to be present at the m eeting and the officer shall,
unless prevented by sickness or other reasonable cause, attend the meeting :
Provided that the officer on receipt of such lette r may if he for any of the
reasons aforesaid is unable to be present thereat h imself, instruct his deputy
or other competent subordinate officer to represent him at the meeting.
Section 46 • THE BIHAR PANCHAYAT RAJ ACT, 2006
Section 46. Meetings of Panchayat Samiti
bihar-panchayat-raj-act-2006-sec-46.json
•
Section 46
{
"act_title": "THE BIHAR PANCHAYAT RAJ ACT, 2006",
"act_slug": "bihar-panchayat-raj-act-2006",
"section_label": "Section",
"section": {
"number": "46",
"title": "Section 46. Meetings of Panchayat Samiti",
"chapter": null,
"content": "(1) A Panchayat Samiti shall hold \na meeting for the transaction of business at least once in two months \n(hereinafter in this section called the ordinary meeting) and shall subject to the \nprovisions of the following sub-sections, make regu lations in conformity with \nthis Act or with any rules made thereunder with res pect to the day, hour, \nnotice, management and adjournment of its meetings and generally with \nrespect to the transaction of business thereto. \n(2) Every meeting of the Panchayat Samiti shall ordinarily be held at the \nheadquarters of the Panchayat Samiti. \n(3) The date of the first meeting of the Panchayat Samiti after its constitution \nshall be fixed by the Subdivisional Magistrate who shall preside at such \nmeeting and date of each subsequent ordinary meetin g shall be fixed at the \nprevious meeting of the Panchayat Samiti, provided that the Pramukh may for \nsufficient reason alter the day of the meeting to a subsequent date. The \nPramukh may, whenever he thinks fit and upon the wr itten request of not less \nthan one third of the total number of members and o n a date within fifteen \ndays from the receipt of such request shall call a special meeting. Such \nrequest shall specify the object for which the meeting is proposed to be called. \nIf the Pramukh fails to call a special meeting, the Up-Pramukh or one-third of \nthe total number of members may call the special me eting for a day not more \nthan fifteen days after presentation of such reques t and require the Executive \nOfficer to give notice to the members and to take s uch action as may be \nnecessary to convene the meeting. \n(4) Ten clear days’ notice of an ordinary meeting a nd seven clear days’ \nnotice of a special meeting specifying the time at which such meeting \nis to be held and the business to be transacted the reat shall be sent \nto the members and affixed at the office of the Pan chayat Samiti. \nSuch notice shall include in case of a special meet ing any motion or \nproposition mentioned in the written request made for such meeting. \n(5) Half of the total number of members of the Panc hayat Samiti shall \nform a quorum for transacting business at a meeting of the Panchayat \nSamiti. If at the time appointed for the meeting a quorum is not \npresent, the person presiding shall wait for one ho ur and if within \nsuch period there is a quorum, proceed with the mee ting, but if within \nsuch period there is no quorum, the person presidin g shall adjourn \nthe meeting to such hour on some future day as he m ay deem fit. He \nshall similarly adjourn the meeting at any time aft er it has begun if his \nattention is drawn to the want of quorum. At such a djourned meetings \na quorum of at least one fifth of the total number of member shall be \nrequired and the business which would have been bro ught before the \noriginal meeting shall be transacted. \n(6) Every meeting shall be presided over by the Pra mukh or if he is \nabsent by the Up-Pramukh and if both are absent or if the Pramukh is \nabsent and there is no Up-Pramukh the members prese nt shall elect \none from among themselves to preside. \n(7) All questions shall, unless otherwise especiall y provided, be decided \nby a majority of votes of the members present and v oting. The \npresiding member, unless he refrains from voting, s hall give vote \nbefore declaring the number of votes for and agains t a question and \nin case of equality of votes he may give his casting vote. \n (8) No member of a Panchayat Samiti shall vote on, or take part in \nthe discussion of, any question coming up for consi deration at a \nmeeting of the Panchayat Samiti, if the question is one in which, apart \nfrom its general application to the public, he has any pecuniary or \npersonal interest and if the person presiding has s uch an interest, he \nshall not preside over the meeting when such questi on comes up for \nconsideration. \n(9) If the person presiding is believed by any memb er present at the \nmeeting to have any such pecuniary or personal interest in any matter \nunder discussion and if a motion to that effect be carried, he shall not \npreside at the meeting during such discussion or vo te on or take part \nin it. Any member of the Panchayat Samiti may be ch osen to preside \nat the meeting during the continuance of such discussion. \n (10) No proposition shall be discussed at any ord inary meeting unless it \nhas been entered in the notice convening such meeti ng or in the case of a \nspecial meeting in the written request for such mee ting. A member may \npropose any resolution connected with or incidental to the subjects included in \nthe list of business. The Pramukh may propose any u rgent subject of a routine \nnature not included in the list of business if no m ember objects to it. No \npermission shall be given in the case of a motion o r proposition to modify or \ncancel any resolution within three months after pas sing thereof except in \naccordance with sub-section (12). The order in whic h any business or \nproposition shall be brought forward at such meetin g shall be determined by \npresiding authority who in case it is proposed by any member to give particular \nproposition shall put the proposal to the meeting and be guided by the majority \nof votes given for or against the proposal. \n (11) Any ordinary meeting may with the consent of a majority of the \nmembers present be adjourned from time to time but no business shall be \ntransacted at any adjourned meeting other than that left or undisposed at that \nmeeting. \n (12) No resolution of Panchayat Samiti shall be modified or cancelled \nwithin six months after passing thereof except by a resolution passed by not \nless than one-half of the total number of members a t an ordinary or special \nmeeting the notice whereof shall have been given fu lfilling the requirements of \nsub-section (4) and setting forth fully the resolut ion which it is proposed to \nmodify fully or cancel at such meeting and motion o r proposition for \nmodification or cancellation of such resolution. \n (13) The proceeding of every meeting shall be recorded in the minutes \nbook immediately after the deliberations of the mee ting and shall after being \nread over by the presiding authority of the meeting be signed by him. The \naction taken on the decisions of the Panchayat Sami ti shall be reported at the \nnext meeting of the Panchayat Samiti. The minutes b ook shall always be kept \nin the office of the Panchayat Samiti. The Executiv e Officer shall be the \ncustodian of the minute book. \n (14) The Panchayat Samiti may require the presence of Government \nofficers at its meeting. If it appears to a Panchay at Samiti that the attendance \nof any officer of the Government having jurisdiction over an area of a district or \npart of a district and not working under the Pancha yat Samiti is desirable at a \nmeeting of the Panchayat Samiti, the Executive Offi cer shall by a letter \naddressed to such officer not less than fifteen day s before the intended \nmeeting request that officer to be present at the m eeting and the officer shall, \nunless prevented by sickness or other reasonable cause, attend the meeting : \n Provided that the officer on receipt of such lette r may if he for any of the \nreasons aforesaid is unable to be present thereat h imself, instruct his deputy \nor other competent subordinate officer to represent him at the meeting.",
"footnote": "",
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"sort_order": 500
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"prev_section": "45",
"next_section": "47"
}