Bare ActsThe Assam Panchayat Act, 1994

Section 102

(1) The Government shall appoint an officer Parishad

Amendment status not verified — confirm the current text below against the official source.

(1) The Government shall appoint an officer Parishad. not below the rank of the Addl. Deputy Commissioner of a district as Chief Executive Officer of the Zilla Parishad. (2) The Government shall also appoint a Chief Accounts Officerand a Chief Planning Officer fir each Zilla Parishad. (3) The Government shall post from time to time to work under every Zilla Parishad, such number of other offi­ cers of the State Government (including any officer appoint­ ed to such services from amongst person employed by exis­ ting local authorities) as the Government consider necessary. (4) Notwithstanding anything contained in this Act or any other law for the time being in force, the I Government or any other officer or other authority autho­ rised by it in this behalf shall have powers to effect trans­ fer of the officers so posted either within the district or from one district to another district- (5) Under every Zilla Parishad there shall be such number of Grade-Ill and Garde IV staff including technical staff as per staffing pattern prescribed by the Government. The Glass-I post of the Zilla Parishad shall be appointed /deputed by Government as per Section 140(1). In respect of the provincialised Panchayat employees the Director of Panchayat and Rural Development shall be the appointing authority. (6) Notwithstanding anything contained in this Act or any other law for the time being in force, the Director of Panchayat and Rural Development, Assam have 666 THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 powers to. effect transfer cf the provincialised staff so app­ ointed either within the district or from one district tc another district. (7) The staff as under sub-clause (5) and (6) in position in the Mahkuma Parishads comprising the district immediately prior to the enactment of this Act shall be absorbed in tie Zilla Parishad concerned. (8) The Government may, from the specified date constitute such services for each Zilla Parishad as may be prescribed. the'chirfEx1- (1) Save as otherwise expressly provided by or ecutive and under this Act, tire Chief Executive Officer shall— Other officers of" tIIC ;Q, Parishad. (a) carrycut the policies and directions of the Zilla Parishad and take necessary measures for the speedy execu­ tion cf all works and developmental schemes of Zilla Parishad; (b) disch arge the duties imposed upon him, by or under this Act, or the rules and regulations made thereunder; (c) supervise werks cf the officers and officials of the Zilla Parishad under the general Supciintendance of the Pre­ sident cf the Zilla Parishad and under such rules as may be prescribed; (d) have custody of all papers and documents^relating to Zilla Parishad; and (e) draw and disburse money out of the District Rural Development funds and exercise such other cowers and perform such other functions as may fe prescribed. (2) The Chief Executive Officer shall be the Ex-officio Secretary of the Zilla Parishad and may take part in the discussion but shall not have right to move any resolution or to vote If in the opinion of the Chief Executive Officer any proposal before the Zilla Parishad is violative of or inconsistent with the provision of this Act or any other law or the rules or order made thereunder, it shall be his duty to bring the same to the notice of the Zilla Parishad. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 667 (3) The Chief Accounts Officer shall advise the Zilla Parishad in matters of financial policy and shell he responsi­ ble for all matters relating to the accounts of ti e Zilla Parishad including preparation of annual accounts and the budget. (4) The Chief Acccunts Officer shall ensure that no f expenditure is incurred except under proper sanction and in accordance with this Act and the rules and re­ gulations thereunder and shall disallow any expenditure not warranted by the Act or Rules and Regulations r or for wh'ch no provision is made in the budget. (5) The Chief Planning Officer shall advise the Zilla Parishad in matters of plan formulation and shall be res­ ponsible for all matters relating to planning of the Zilla Parishad including the preparation of plan of economic development and social justice and annual plan for the district. Right to req. ] 04. (1) Every person in possession of money, re­ cord00 re counts, records or other property pertaining to a Gaon Panchayat or Anchalik Panchayat or Zilla Parishad shall on the requisition in writing of the Chief Exe­ cutive Officer for this purpose, forthwith handover such money, or deliver up such accounts, records or other property to the Chief Executive Officer or the person authorised in the requisition, to re ceive the same. ' . . . , (2) The Chief Executive Officer may also take steps to recover any money due by such person in tire same manner and subject to the same previsions as in the rele­ vant Land Revenue Act for the recovery of the airear of land revenue from defaulters, and for the purpose of recovering the accounts, records or other property, pertai­ ning to the Gaon Panchayat or Anchalik Panchayat or Zilla Parishad may issue a search warrant and exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter- VII of the Code of Criminal Procedure (Central Act-2 of 1974). (3) Every person knowing where any money, accounts, records or other pro; erty pertaining to a Gaon Panchayat or a Anchalik Panchayat or Zilla 668 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 Par shad are concealed, shall be bound to give Sa e to the Chief Executive Officer. (4) An appeal shall lie from an order of Officer under :his Section to the Government. information of the the Chief Executive CHAPTER- VII SETTLEMENT OF HATS, GHATS FERRY, ETC., & DISTRIBU­ TION OF PROCEEDS & MAINTENANCE & REGULATION THEREOF. Sect emen of 195, (!) A]] pja ts v ithin the territorial jurisdiction of Anchalik chaiik ypa”’Pa n chayat shall be sealed in he man er prescribed for a period chayats. coinciding with and not exce< ding one Panchayat financial year by invit ng tenders at the office of the Anchalik Panchayat by its President. (2) Det Tied procedure for inviting and submission of such tenders shall be such as may be prescribed. (3 The powei£ of examination and final acceptance of such ten­ ders shad be vested in the Standing Committee referred to in Section 52 (1) (a). (4) All settlement ma e under sub-section (3) shall be subject to the co fir at on of the Zilla Parishad: Provided that in case of any di pute, the Anch lit Panchayat may refer s ch case to th Government and the aggrieved party may appeal to Government vytose decision in this regard shall be final. (5) F ilure to settle any Hat for want of adeq tate value, the Anchalik Pmch«yat, as may be decided by the Zilla Parishad, may b entrusted with the direct management of such Hat by the Anchalik Par chayat. ( t (6) All sale proceeds of hats shall be deposited in the Anchalik Panchayat fund and distributed in the manner hereinafter prescribed.— (a) an amount equivalent to twenty percent of the total sale proce ds of Hats, shall be made over to the Zilla P^rishat funds ; and b) an amoun’ equivalent to forty percent of the sale proceeds if Hat shall be equally distributed to all the Gaon Panchayats under the A chaiik Panchayat and remaining forty percent retained in the Anchalik Panchayat Fund : Provided that amount due if anv, on account of annual instal­ ment for repayment of the loan with interest incurred by the erstwhile Mahkuma Parishad, Anchalik Panchayat and Gaon Panchayat for im- r vementol hats falling within the jurisdiction of the Anchalik Pancha­ yat and Gaon Panchayat concerned shall be p id out of the forty percent I THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 199? 669 share of sale proceeds o« hats madeover to Anchalik Panchayat or Gaon Panchayat as the case may be. Settlem ntof

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