(1) If, in the opinion of the Secretary Panchayat the execution of any order or resolution of the District Panchayat or the doing of anything which is about to or is being done by or on behalf ofthe District Panchayat is causing or likely to cause injury or annoyance to the public or a grave loss to the public exchequer or is manifest against the public interest or lead to a breach of the peace or is unlawful , he may, by order in writing, suspend the execution or prohibit the doing thereof
Provided that no 'such order shall be passed without giving District Panchayat concerned a reasonable opportunity of showing cause against proposed order.
(2) When the Secretary Panchayat makes an order under sub -section (1), he shall forthwith send to Panchayat affected thereby a copy of the order together with a statement of the reasons for making it.
(3) The Secretary Panchayat may, after giving such notice to the District Panchayat as he deems fit, rescind, modify or confirm the order made under sub-section (1).
(4) Any person aggrieved by an order under sub -section (1), may, within thirty days of the date of the order, prefer an appeal to the Administrator who shall approve or disapprove the order of the Secretary Panchayat or modify it in such manner as he thinks fit.
%. (1) Every member ofthe District Panchayat shall be personally liable for the loss, waste or misapplication of any money or other property of the District Panchayat to which he has been a party or which has been caused or facilitated by his misconduct or wilful neglect of his duty as a member amounting to fraud.
(2) If, after giving the member of the District Panchayat concerned a reasonable opportunity for showing cause to the contrary , the Secretary Panchayat is satisfied that the loss, waste or misapplication of any money or other property of the District Panchayat is a direct consequence of misconduct or wilful neglect on the part of such member, he shall, with the prior approval of the Administrator, by order in writing , direct such member to pay to the District Panchayat before a fixed date , the amount required to be reimbursed to it for such loss, waste or misapplication:
Provided that no such order shall be made for bona fide or technical irregularities or mistakes of a member.
(3) If the amount is not so paid, the Secretary Panchayat shall recover it as an arrear of land revenue and credit it to the District Panchayat Fund.
(4) An order of the Secretary Panchayat shall be subject to an appeal to the Administrator if made within thirty days of the date of the order and the Administrator may, after making such inquiry as he may deem necessary and after hearing the appellant , rescind or vary or confirm the order.
Default in performance of duty in District Panchayat.
Suspension of execution of order on resolution of District Panchayat.
Liability of members for loss, waste or misapplication.
(5) All actions taken or orders made under sections 94, 95 and this section shall be reported to the Administrator as soon as possible.
-27- EXTRAORDINARY No. . 32 DATED : 17' AUGUST, 2012.
Dissolution of 97. (1) If in the Opinion of the Administrator, the District Panchavat-District Panchayet. (a) exceeds or abuses its powers; or
(b) is incompetent to perform, or makes wilful and persistent default in theperformance of the duties imposed on it by or under this Regulation or any other lawfor the time being in force; or
(c) misappropriates public monies including grants; or
(a) fails to levy the taxes leviable under this Regulation; or
(e) persistently disobeys the order made under sub-section
(2) of section 96, the Administrator may by order published in the Official Gazette, dissolve the DistrictPanchayat and direct that it shall be reconstituted in the manner provided in this Regulation.
(2) No order under sub-section ( 1) shall be passed without giving to the DistrictPanchayat reasonable opportunity to render an explanation.
(3) If a District Panchayat is dissolved under sub -section (1), the followingconsequences shall ensue , namely.-
(a) all the members ofthe District Panchayat shall, from the date specified in the order, cease to be members;
(b) all powers and duties of the District Panchayat shall, during the period of dissolution of the District Panchayat be exercised and performed by such person or persons as may be appointed by the Administrator in this behalf;
(c) the Standing Committees appointed under section 73 of the District Panchayat shall be deemed to have been dissolved and all the members of the District Panchayat shall vacate office from the date of its dissolution.
(4) An election to reconstitute a District Panchayat after such dissolution shall be completed before the e ' fx t .uetegatton of 98 .
The Administrator may, by notification and subject to such restrictions andpowers .
conditions as may be specified therein , authorise Secretary Panchayat or any other officer subordinate to him, to exercise in respect of District Panchayats any of the powers which may be exercised by him under this Regulation except the power to make rules under section
121.
CHAPTER vm ELECTION COMMISSION AND FINANCE COM MISSION blection 99. (1) The Election Commission appointed underCommission . Islands (pasha at) section 185 oftheAndatnart and NicobarY p ry o a period or six months from the date of its dissolution is- on , l 994 shall be the Election Commission forthe superintendence , Reg. I of direction and control ofthe preparation ofelectoral rolls, and conduct ofall elections to the Gram 1994.
Panchayats and District Panchayats in the Union territory of Daman and Diu.
(2) The Administrator shall, when so requested by the Election Commission, make available to that commission such staffas may be necessary for the discharge ofthc functions conferred on the Election Commission by sub-section (1).
rmancc 100. The Finance Commission constituted under section 186 of the Andaman andCommission . Nicobar Islands (Panchayat) Regulation, 1994 shall be the Finance Commission for the of reviewing the financial position of the Panchayats and making recommendations to 8994 ^ of Administrator of the Union territory of the Daman and Diu, as to-
(a) the principles which should govern-
(1) the sharing among the Union territory Administration and Gram Panchayats and District Panchayats of the net income of the taxes , duties, cess and fees which are being levied by the Union territory Administration and which - 28 - EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012.
may be shared with the Gram Panchayats and District Panchayats and dividing among the Gram Panchayats and District Panchayats at 311 leve!s, their shares it such incomes;
(ii) the determination of the taxes , duties , cess , tolls and fees which may be assigned to or appropriated by the Gram Panchayats and District Panchayats;
(iii) the grant-in-aid to the Gram Panchayats and District Panchayats from the Consolidated Fund of India;
(b) the measures needed to improve the financial position of the Gram Panchayats and District Panchayats;
(c) any other matter referred to the Finance Commission by the President of India.
CIiAPMR IX OMBUDSMAN FOR PANCHAYATS