Section 95: Inspection

¹[(1)] The Provisional Government may—

(a) cause to be inspected any immovable property owned ²[x x x], used or occupied by a [Gram Panchayat] or a joint or a ³[ x x x ] or any work in progress under the direction of such Gram Panchayat or joint ³[ x x x ] ;

(b) by an order in writing call for and inspect a book or document in the possession or under the control of a Gram Panchayat or a joint ; or

(c) by an order in writing require a Gram Panchayat or a joint or a ³[ x x x ] to furnish such statements, reports or copies of documents, relating to the proceedings or duties of the Gram Panchayat or such ³[x x x ] as it thinks fit ;

(d) record in writing for the consideration of a Gram Panchayat or joint committee any observation which it thinks proper in regard to the proceedings or duties of such Gram Panchayat or joint committee ;

(e) institute any enquiry in respect of any matter relating to a ²[x x x], Gram Panchayat ³[x x x]; and

⁴[(f) ²[x x x] dissolve any ²[x x x], Gram Panchayat, Joint Committee, ⁵[Bhumi Prabandhak Samiti] or ³[x x x] if in the opinion of the State Government such ²[x x x], Gram Panchayat, Joint Committee [Bhumi Prabandhak Samiti] ³[x x x] has abused its position or has continuously failed to perform the duties imposed upon it by or under this Act or if its continuance is not considered desirable in public interest;]

Explanation –²[x x x]

⁶[(g) remove a Pradhan ⁷[x x x] member of a Gram Panchayat or a Joint Committee or Bhumi Prabandhak Samiti, an office-bearer of Gram Sabha. ⁸[x x x] if he—]

⁵[(i) absents himself without Sufficient cause from more than three consecutive meetings or sittings.

(ii) refuses to act or becomes incapable of acting for any reason whatsoever of if he is accused of or charged for an offence involving moral turpitude,

(iii) has abused his position as such or has persistently failed to perform the duties imposed by this Act or rules made thereunder or his continuance as such is not desirable in public interest, [ *** ]⁹

¹⁰[(iii-a) has taken the benefit of reservation under sub-section (2) of section 11-A or subsection (5) of section 12, as the case may be, on the basis of a false declaration subscribed by him stating that he is a member of the Scheduled Castes, the Scheduled Tribes or the backward classes, as the case may be;]

(iv) being ¹¹[x x x], takes active part in politics, ¹²[or]

¹³[(v) suffers from any of the disqualification mentioned in clauses (a) to (m) of action 5-A.]

¹⁴[Provided that where, in an enquiry held by such person and in such manner as may be prescribed, a Pradhan or ¹⁵[x x x ] is prima facie found to have committed financial and other irregularities such Pradhan or ¹⁵[x x x] shall cease to exercise and perform the financial and administrative powers and functions which shall, until he is exonerated of the charges in the final enquiry, be exercised and performed by a Committee consisting of three members of Gram Panchayat appointed by the State Government.]

(gg) ¹⁶[ x x x ]

(h) ¹⁶[ x x x ]

Provided that—

(i) no action shall be taken under clause (f), clause (g) or ¹⁷[x x x] except after giving to the body or person concerned a reasonable opportunity of showing cause against the action proposed ;

(ii) ¹⁸[x x x]

[(2) a person removed under sub-clauses (iii) and (iv) of clause (g) of sub-section (i) of this section shall not be entitled to be re-elected or re-appointed to any office under this Act for a period of five years or such lesser period as the State Government may order in any cause.

(3) No order made by the State Government under this section shall be called in question in any court.

(4) Where any ¹⁹[x x x] Gram Panchayat, Joint Committee or Bhumi Prabandhak Samiti is ²⁰[disslolved] the State Government may appoint such person or persons to exercise and perform the powers and duties thereof as it may deem fit.]²¹