Section 2

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

Whenever any order under sub-section (1) is passed by the prescribed Authority, he shall, immediately and in every case within a maximum period of 10 days from the date of the order, forward a copy of the said order stating therein the details or 103 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - the reasons thereof for doing so to the State Government or the Authority prescribed by the State Government so in the behalf and the State Government or the Authority prescribed by it may confirm the said order or cancel the same or revise the same or amend the same, or he may direct that the said order, with or without amendment, shall perpetually continue to be in force for such a period as envisaged by him. Provided that no order under sub-section (1) passed by the prescribed Authority shall be confirmed, cancelled, revised or amended by the State Government or the prescribed Authority unless reasonable opportunity of hearing against the proposed order is given to the concerned Gram Panchayat, Panchayat Samiti or Zila Parishad. Section 102 Power of the State Government to pass order for execution of works of the Panchayats in certain cases - (1) The State Government or the prescribed Authority, by an order in writing may give direction for performance of any of such duties or in respect of any of such works imposed on any of the Gram Panchayats, Panchayat Samities and Zila Parishads by or under this Act or by or under any other law for the time being in force, which is not performed or executed accordingly by any of them and the performance or execution whereof by the said Gram Panchayat, Panchayat Samiti or Zila Parishad is necessary in public interest in the opinion of the State Government or the prescribed Authority. (2) The Gram Panchayat, The Panchayat Samiti or the Zila Parishad shall be bound to comply the directions issued under sub- Section(1); and if it fails to comply, the State Government or the prescribed Authority shall have all the powers to get those directions complied at the cost of the Panchayat, if any, and in exercise of the said powers, he shall be entitled to the same protection and same limitation as is exercised in the case of the Gram Panchayat, the Panchayat Samiti or the Zila Parishad or its officers or servants. Section 103 Direction from Government- (1) Notwithstanding any thing contained in this Act, it shall be lawful for the Government to issue directions in matters of State and National policies and such directions shall be binding on the Gram Panchayats, Panchayat Samities and Zila Parishads. (2) The State Government - (a) May call for records or registers or other documents in possession or under the control of any Panchayat; (b) May require any Panchayat to furnish its returns, plans, estimates, stagnate accounts or statistics; and 104 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (c) May require any Panchayat to furnish any information or report on any matter connected with such Panchayat. Section 104 Enquiry in to the affairs of Panchayat by the State Government - (1) The Government may, at any time for the reasons to the recorded, caused an inquiry to be made by any of its officers in regard to any Gram Panchayat, Panchayat Samiti or Zila Parishad on any matters with respect to which the sanction approval, consent or orders of Government is required under this Act. (2) The officer holding such inquiry shall have the powers of the Civil Court under the Code of Civil procedure, 1908, to take evidence and to compel attendance of witnesses and production of documents for the purpose of inquiry. (3) The Government may make orders as to the cost of the inquiries made under sub-section (1) and as to the parties by whom and the funds out of which they shall be paid and such orders may, on the application of the commissioner of any person named therein be executed as if, it were a decree of a Civil Court. Section 105 Inspection of development schemes - (1) For the purposes of efficient and economical execution of the construction works or development - Schemes - under taken by a Gram Panchayat, Panchayat Samiti, Zila Parishad, an officer or person authorized by any general or specific order of the Government considers it necessary specified for that purpose to give technical guidance or assistance to any officer of or under the Gram Panchayat, Panchayat Samiti or Zila Parishad, who is charged with the execution or maintenance of any such construction works or development scheme, then the officer or person so authorized may for rightly inspect such construction works or development schemes to give such guidance, assistance or advise as he thinks necessary in relation to such construction works or development schemes and shall forward to the Gram Panchayat, Panchayat Samiti or Zila Parishad a report on the inspection made pointing out there in any irregularity noticed and this suggestions for improvement. (2) In implementing the plans or schemes all the rules of implementation applicable to Government Departments such as the purchase, tender, quality control, technical sanction accounts and audit and supervision shall mutatis mutandis be applicable. Section 106 Restrictions on withdrawal of powers and functions from the Panchayat - (1) Not with standing the Transfer of any powers, functions and duties in respect of any matters to a Panchayat under this Act, the Government on proposal 105 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - from the Gram Panchayat, Panchayat Samiti, Zila Parishad in that behalf or where it is satisfied that by reason of a change in the nature of the matter such as conversion of a primary health centre into a secondary health centre or hospital or conversion of a road into a high-way, the matter would cease to be a matter in the relevant Panchayat - functions- list and it is necessary to withdraw from the Panchayat the powers, functions or duties in respect of such matters, may, be notification in official Gazette, withdraw such powers, functions and duties with effect from the date specified in the notification and make such incidental and consequential orders as may be necessary to provide for matters including taking over of the rights and liabilities if any vested in the Gram Panchayat, Panchayat Samiti, Zila Parishad, and of the staff if any which may have been transferred to the Panchayat, as the case may be. (2) The Government may, by notification in the official Gazette, amend or add any activity, programme or scheme assigned to a Gram Panchayat, Panchayat Samiti or Zila Parishad under this Act. On the issue of such notification, the relevant Panchayat- functions list shall be deemed to have been amended accordingly. Every such notification shall be placed before the State Legislative Assembly. Section 107 Dissolution of Panchayats - (1) If at any time it appears to the State Government or the Prescribed Authority that a Gram Panchayat, Panchayat Samiti or Zila Parishad is persistently defaulting in performance of the duties imposed on it by or under this Act or any other Law for the time being in force or exceeds abuses its powers or does not obey any order of the State Government or the competent authority, then the authority as prescribed by the State Government, on holding such inquiry as he deems proper, may by an order dissolve the said Gram Panchayat, Panchayat Samiti or Zila Parishad and may order to constitute the same de novo. (2) No order under sub-section (1) shall be passed until (The Gram Panchayat, Panchayat Samiti or Zila Parishad), as the case may be, has been provided with reasonable opportunity to submit its explanation. A notice calling for explanation shall be addressed to the Mukhia, Pramukh or Adhyaksha of the Gram Panchayat, Panchayat Samiti or Zila Parishad respectively and shall be served as per provisions of section (148). Reply of the Panchayat as to the notice shall be submitted by a resolution of the Gram Panchayat, Panchayat Samiti or Zila Parishad. (3) On dissolution of a Gram Panchayat, Panchayat Samiti or Zila Parishad under sub-section (1) the following consequences, shall follow, such as:- (a) All the office - bearers shall vacate their respective office with effect from the date of such order; 106 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (b) All the powers and the duties of the Gram Panchayat, Panchayat Samiti or Zila Parishad shall, till its reconstitution, be exercised and performed by such person or such committee of persons as the State Government or prescribed Authority may appoint for this purpose, and where a committee of persons is so constituted a Chairperson (head) of the said committee shall also be appointed by the State Government or the prescribed Authority; (c) Where a committee is appointed under clause (b) of this sub-section, a member of the said committee duly authorised by it may file a suit or institute a proceeding on behalf of the Gram Panchayat, Panchayat Samiti or Zila Parishad or may enter defence in any suit filed or any legal proceeding instituted against them. (4) Any such person appointed to exercise the powers and perform the duties of the Gram Panchayat, Panchayat Samiti or Zila Parishad during the period of its dissolution may receive such payment for his services from the respective fund concerned as may be determined by the State Government by order. (5) A Gram Panchayat, Panchayat Samiti or Zila Parishad dissolved under sub- section (1) shall be reconstituted within a period of six months of its dissolution, such reconstituted Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be shall function for its remaining tenure; Provided that if the remaining tenure of a Gram Panchayat, Panchayat Samiti or Zila Parishad is less than six months, it shall not be reconstituted for the said tenure. Section 108 Liability of the members of Panchayat for its loss, misuse - (1) Every member, Office-bearer, officer or servant of a Gram Panchayat, Panchayat Samiti and Zila Parishad shall be personally responsible for any such loss, wastage or misappropriation of any fund or other property belonging to them, wherein he has been a party or which has been caused due to his Act of misconduct or gross negligence towards his duty. The amount required for compensating the said loss, wastage or misappropriation shall be recovered by the prescribed authority; Provided that no recovery under this section shall be made unless the person concerned has been given a reasonable opportunity of hearing. (2) If the person concerned fails to pay the amount, action for recovery of the said amount will be taken accordance to the prescribed procedure. 107 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - Section 109 Dispute between Panchayats and other local authorities - (1) In case of any dispute arising between two or more Gram Panchayats or Panchayat Samities or Zila Parishads on one side and any other local authority on the other in respect of such a matter in which they are jointly interested, the said dispute shall be referred to the State Government and the decision of the State Government thereto shall be final; Provided that if the dispute is between the Gram Panchayat, Panchayat Samiti and Zila Parishad on the one side and the cantonment Board on the other, then the decision of the State Government shall be subject to approval by the Central Government. (2) The State Government, by the rules made under this Act, may regulate among the Panchayats and between Gram Panchayat, Panchayat Samiti or Zila Parishad and other local authorities, the relations regarding the matters in which they are jointly interested. Section 110 Appeal and revision - Appeal or revision against orders or proceedings of Gram Panchayats, Panchayat Samities or Zila Parishads as well as that of other authorities shall lie to such an Authority and in such a manner as may be prescribed. Section 111 Power to get back records and articles and to realise money - (1) Where the prescribed Authority is of the opinion that any person is keeping in his custody any record or articles or fund of a Gram Panchayat, Panchayat Samiti or Zila Parishad, in an unauthorized manner then he may, by an order in writing, require the said record or articles or fund to be delivered or paid immediately to the Panchayat in presence of such an officer as the prescribed Authority may appoint in this regard. (2) If a person does not deliver the records or articles or does not pay the fund as directed under sub-section(1) or denies so to do so, the prescribed Authority may punish him in the manner as may be prescribed by the State Government. (3) No action under Sub-Sections (1) and (2) shall be taken unless the concerned person is given a reasonable opportunity to show cause in this regard as to why such an action be not taken against him. (4) Any such person, against whom any action under this section is taken, shall be disqualified to be a member of a Panchayat for a period of six years from from the date of commencement of such action. 108 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - Section 112 Delegation of Power - (1) The State Government may, by notification, delegate to its any subordinate officer or to any Panchayat all or any of the powers conferred on it by or under this Act, save the powers relating to making of rules. (2) Powers delegated under sub-section (1) shall be exercised according to the general or special orders issued by the State Government in this connection. (3) Various authority may prescribed by the State Government under this Act. Section 113 General Power of Control - All the officers, in all the matters concerned with this Act or the rules made thereunder, who are empowered to function by or under this Act, shall be under the control of the same authority under whose administrative control they usually perform the functions of their offices. Section 114 Finance Commission for Panchayats - (1) The State Government shall as soon as possible and thereafter on the expiration of every five years, constitute a Finance commission in the prescribed manner to review the financial position of the Gram Panchayats, Panchayat Samities and Zila Parishads and to advice and make recommendations to the Government on financial matters, which shall make recommendations on the following matters - (a) The Principles which should govern - (i) The distribution between the State and the Zila Parishads, Panchayat Samities and Gram Panchayat of the net proceeds of the taxes, duties, tolls and fees be livable by the Government which may be decided between them and allocation between Zila Parishads, Panchayat Samities and Gram Panchayats of their respective shares of such proceeds; (ii) The determination of the taxes, duties and fees which may be assigned to or appropriated by the Zila Parishads, Panchayat Samities and Gram Panchayats; (iii) The Grants - in - aid to Zila Parishads, Panchayat Samities and Gram Panchayats from the consolidated fund of the State; (b) The measures needed to improve the financial position of the Zila Parishads, Panchayat Samities and Gram Panchayats; 109 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (c) Any other matter referred to the financial commission by the Governor in the interest of sound finance of the Zila Parishads, Panchayat Samities and Gram Panchayats; (2) The Finance Commission shall consist of a Chairman and two other members; (3) The Chairman and members of the Finance Commission shall possess such qualification and shall be appointed in such manner as may be prescribed by the Government; (4) The Finance Commission shall determine its own procedure; (5) The Chairman or a member of the Finance Commission may resign his office by writing under his hand and addressed to the Finance Secretary to the Government, but he shall continue in office until his resignation is accepted by the Government; (6) The causal vacancy created by the resignations of the member or Chairman under sub-section 5 or for any other reason may be filled by fresh appointment and a member or Chairman so appointed shall hold office for the remaining period for which the member or Chairman, in whose place he was appointed, would have held the office. (7) The Commission shall have the following powers in the performance of its functions; namely (a) To call for any record from any officer or Authority; (b) To summon any person to give evidence or to produce records; and (c) Such other powers as may be prescribed. (8) The Governor shall cause every recommendation made by the Finance Commission under this section, together with an explanatory memorandum as to the action taken thereon, to be laid before the Legislative Assembly. CHAPTER - XII Penalty Section 115 Penalty for functioning as member of a regional area of Gram Panchayat, as member of a regional constituency of Panchayat Samiti / Zila Parishad, as Mukhia / Up- Mukhia of Gram Panchayat, as Pramukh / Up- Pramukh of Panchayat Samiti, as Adhyaksha / Upadhyaksha of Zila Parishad, when disqualified - 110 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (1) If a member of any regional area of the Gram Panchayat or a member of any regional constituency of the Panchayat Samiti / Zila Parishad having knowledge of the fact that he is not entitled to hold the office or has ceased entitlement to hold office in that capacity, functions as a member of the regional area of the Gram Panchayat (or) as a member of the regional constituency of the Panchayat Samiti / Zila Parishad, he, on conviction, shall be penalized by the prescribed authority with such fine as may be prescribed by him for each day on which he sits in his official capacity or votes. (2) If a Mukhia or Up- Mukhia, Pramukh or Up- Pramukh, Adhyaksha or Up- Adhyaksha having knowledge of the fact that he is not entitled to hold office or has ceased being entitlement to hold office in that capacity, functions in that capacity, he, on conviction, shall be penalized by the prescribed authority with such fine as may be determined by him for each day on which he works or functions in the said capacity. Section 116 Provision of Penalty against voting by interested members - If any member, despite being interested in the matter under consideration before the Panchayat, votes in the said matters, he, on conviction, shall be penalized with such fine as may be prescribed by the prescribed authority. Section 117 Provision of Penalty against acquisition of interest by a member office- bearer or servant in any agreement - If a member or office - bearer or servant of a Panchayat knowingly acquires directly or indirectly any personal; share or interest in an agreement entered into or any employment made with or by or on behalf of the Panchayat without being allowed or permitted by the prescribed authority, then as to him it shall be held that he has violated the contract and shall be penalized for this under the Indian Penal Code. Section 118 Provision of Penalty for causing obstruction in official duty - If a person deprives any officer or servant of the Panchayat or any such person whom the said officer or servant has lawfully delegated his powers of going to or into any place, building or land, of his lawful rights of going to or enter the said place; building or land, it shall be held that he has committed an offence under the Indian Penal Code and shall be awarded such punishment as may be determined by the prescribed authority. 111 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - Section 119 Provision of Penalty for obliteration of official notice, signal or sign. Any person, who removes, destroys, defaces or otherwise obliterates any notice published or any signal or any sign made by the Panchayat or its officer or under its orders without permission of an authority in that behalf, shall be penalized under the Indian Penal Code. Section 120 Provision of Penalty for giving false information or for not giving information. Any such person who is required by or under this Act or the rules made thereunder or by any notice or by any other process issued thereunder to give any information, withholds such information or deliberately gives false information, on being proved guilty shall be punished. Section 121 Restriction on bidding and provision of Penalty - Any member or servant of the Panchayat or any such officer thereof, who has to discharge any duty in respect of sale of movable, immovable property under this Act is restricted to bid directly or indirectly for any property to be sold and he shall not acquire any interest therein. The person found guilty of such act shall be punished. Section 122 Provision of compensation for damages to the Panchayat - If by any default or negligence in duty any person has done any such work against the provisions of this Act which has caused any damage to the property of the Panchayat, he shall be under obligation to compensate for such damage, moreover he may be punished in the prescribed manner by the prescribed authority. CHAPTER - XIII District Planning Committee Section 123 (i) In the light of the Provisions of Articles 243ZD of the constitution of India, there shall be constituted in every district a District Planning committee to consolidate the plans Prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole and to exercise such other powers as may be assigned to it from time to time by the State Government. (ii) Every Committee shall, in preparing the draft development plan, have regard to : 112 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (a) Matters of mutual general importance between the municipal bodies and the Panchayats; (b) Planning accordingly to regional speciality; (c) Mutual Sharing of water and other physical and natural resources; (d) Integrated development of infrastructure and environmental and its Conservation; (e) Extent and type of available resources whether financial or otherwise; (iii) The Committee may obtain advice from such institutions and organisations as the State Government may specify. Section 124 Powers of the Committee - (a) The Committee shall, with regard to the functions of the Government, exercise such powers as may be notified or allocated to it by the state Government under this Act; (b) The State Government may prescribe and notify the manner in which such powers, notified or allotted as such to the committee, may be exercised; (c) While exercising the said powers the committee shall be deemed to be a bodies subordinate to the State Government and it shall exercise these powers on behalf of and for the state government. Section 125 Composition of the District planning committee (a) The district planning committee of different districts shall consist of such number of members as may be specified by the state government by notification. (b) (i) Three - fourth members of the total number of members shall be elected in the prescribed manner by the elected members of the Zila Parishad and Municipal Bodies as the case may be, of the district from amongst them. (ii) The number of members to the elected from within the rural and urban areas shall bear the same possible nearest proportion, as the population of the rural and urban areas, as the case may be, bears the proportion in the district. (c) The remaining members of the committee shall be - 113 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (i) A minister of the Jharkhand State, who will be nominated by the State Government, shall be the chairman of the committee; (ii) District Magistrate / Deputy Commissioner of the district who shall be the Member secretary of the committee; (iii) Chief Executive Officer of the Zila Parishad, who shall be the member - cum - additional Secretary; (iv) Chief Planning Officer - member; (v) Where the number of the members specified by the state Government, in the committee is - (a) 15, then 1 (one) member , and (b) 20, then 2 (two) members shall be nominated by the state government ; Provided that the tenure of office of such members shall be such as may be determined by the state government. (vi) Specially invited permanent members- (a) Such members of Lok Sabha and the State legislative Assembly whose constituencies fall in that district; (b) Member of the Rajya Sabha, registered as a voter in the district. (c) Adhyaksha of the Zila Parishad and the chairman / mayor of the Municipal Bodies shall also be permanent specially invited members in case they have not been elected as member of the committee; (vii) Specially invited temporary members, The committee may nominate experts of its own field as specially invited members; Provided that such invited members may give suggestions in their field of expertise alone and they shall not have the right to vote on any issue. Section 126 Tenure of office of the elected members (i) As soon as an elected member of the District Planning Committee ceases to be a member of the municipal body or the Zila Parishad, he shall cease to be a member of the committee; (ii) If any vacancy occurs due to above mentioned sub - section (i) or death or resignation, the same shall be filled up in the prescribed manner. 114 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - Section 127 Functions of the Committee - The District Planning Committee shall perform the following functions:- (a) Identification of local needs and objectives within the perspective of national and state goal; (b) Collection, compilation and updating of statistics of the natural and human resources of the district so that preparation of a decentralized plan on the basis of solid data base and preparing a blueprint of the resources of the district and blocks may be facilitated; (c) Tabulation and mapping of the facilities available at village, block and district levels; (d) Policy - making and fixing of programmes and priorities for rational exploitation, use and development of the natural and human resources available in the district; (e) Preparing blueprints of five year and annual plans for the district, consolidating the plans prepared by the Panchayat and the municipal bodies and assigning the same to the state government for inclusion in the state - plan; (f) Preparing employment scheme for the district; (g) Estimating financial resources for funding the district plan ; (h) Making provision for funding of regional and sub - regional plans under the blue print of the comprehensive district development plan; (i) Persuasion, evaluation and review of plans of the central domain, centre sponsored plan, plan of the State domain and the local area development schemes funded by a Member of Parliament and a Legislator in the district; (j) Submission of progress reports of the plans within the district to the State Government; (k) Ensuring cooperation of non government organisations in the process of all around development of the district; (l) Identifying plans and programmes relating to institutional finance and tagging them with the district development plan and providing necessary financial support; (m) Advising the State Government regarding the important plans of the State domain in the process of the overall development of the district; (n) Other functions assigned by the State Government, besides this. 115 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - Section 128 Secretary and Assistant Secretary of the Committee - (a) District Magistrate / Deputy Commissioner shall be the ex-officio secretary of the District Planning Committee, who shall be responsible for preparing records of important matters presenting if before the Committee, and for issuing notices of decision and for doing causal ancillary functions; (b) The State Government may appoint the Chief Executive officer of the Zila parishad as Assistant Secretary who shall discharge the functions and duties as per direction of the Secretary and, in his absence, that of the Secretary. Section 129 Constitution of Sub- Committees - (i) Keeping the functions of the District Planning Committee in view, the following Sub- Committees consisting of members from amongst the members of the District Planning Committee shall be constituted in the prescribed manner: (a) Rural development Sub- Committee; (b) Agricultural Development Programme Sub- Committee; (c) Urban Development Sub-Committee; (d) Irrigation Development Programme Sub-Committee; (e) Scheduled Castes, Scheduled Tribes, Other Backward Classes and weaker section development and women and child development programme persuasion Sub-Committee; (f) Employment generation and availability Sub-Committee; (g) Public Health and family welfare Sub-Committee; (h) Education Sub-Committee; (i) Water supply Sub-Committee; (j) Road and Transport, development Sub-Committee; (k) Sub Committee for determining use of land situated in investment area; (l) Sub-Committee for persuasion of the development work of the M.P.s. and Legislators Area Development Schemes; (ii) The District Planning Committee may nominate expert of a field as a member in every Sub-committee; (iii) Every Sub-Committee may give suggestions only to the District Planning Committee on the subjects concerned; 116 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - Section 130 Meeting of the Committee - (a) The meeting of the committee shall be held at least once in every two months or as the State Government may specify; (b) Meeting of the Committee shall be held at district head quarters at an appointed date and time; (c) The Chairman or in his absence the member elected by a majority votes by the members shall preside over the meeting'; (d) The Committee may invite the experts in its meeting; (e) Travelling and other allowance shall be paid to the non - Government expert members as prescribed by the State Government; (f) The Committee may determine its own working procedure subject to the rules made therefore by the State Government and the guide - lines issued by the State Government; (g) Briefs of the matters to be placed before the Committee shall be Prepared by the district heads of the concerned departments as that in the case of cabinet meetings; (h) District level officers /district heads of all departments shall positively participate in the meetings of the District Planning Committee and shall perform the functions and duties specified by the State Government; (i) The orders issued on behalf of the State Government on the decisions taken by the District Planning Committee may be issued under the specified rule at the district level itself, the State Government may make appropriate rules in this regard and may also withdraw the rights delegated accordingly if it thinks proper in the interest of the nation and the State; (j) A cell / unit shall be set up under the control of the chief planning officer for conducting business relating to the District Planning Committee; (k) The State Government, under the process of administrative decentralization and with the object of removing the intricacy of administrative work, may, besides the functions, duties and rights transferred to the three - tier Panchayats and Municipal bodies, delegate such functions, duties and rights of the State Government as it (the State Government,) deems proper, and may make rules in this behalf; (l) An executive Committee of the District Planning Committee shall be constituted in the prescribed manner for prescribed functions, which shall be presided by the District officer who happens to be the Secretary of the District Planning Committee, and the members of this committee shall be the heads of all the departments posted in the district and others as may be prescribed. The Chief Planning officer shall be the member-Secretary of the said executive Committee. 117 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - CHAPTER-XIV Rules and Bye-laws. Section 131 Power of Government to make rules - (1) The Government may after previous publication of the draft for not less than one month by notification in the official gazette make rules to carry out the purposes of this Act. (2) A rule under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement and laid before the legislative Assembly. Subject to any notification made under this Act, every rule made under the Act shall have effect as if enacted in this Act. (3) In making a rule under this section the Government may provide that a person guilty of breach thereof, on conviction, be punished with fine which may extend to five hundred rupees and where the breach is a continuing one, with further fine which may extend to twenty five rupees for every day on and after the first day on which the breach continues. Section 132 Power of Gram Panchayats to make bye-laws - (1) A Gram Panchayat may, subject to the provisions of this Act and the rules made thereunder and with the precious sanction of the Zila Parishad, make bye-laws to carry out the purposes of this Act in so far as it relates to its powers and duties. (2) In particular and without prejudice to the generality of the foregoing powers, a Gram Panchayat may make such bye-laws as may be required to discharge the functions and duties entrusted to it under this Act. (3) In course of making any by-laws under sub-sections (1) and (2) the Gram Panchayat may provide that a contravention thereof shall be punishable with such fine as may be prescribed. (4) Any such bye-laws may also provide that a person contravening the same shall be required to remedy the mischief, if any, caused by such contravention, so far as it lies in his power. (5) All bye-laws made under this section shall be subject to the condition of previous publication and such publication shall be such as may be prescribed. 118 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - Section 133 Power of Panchayat Samiti to make regulations - (1) A Panchayat Samiti may, subject to the provisions of this Act and the rules made under and with the previous sanction of the Government, by notification, make regulation to carry out the purposes of this Act in so far as it relates to its powers and duties. (2) The regulations made under sub-section (1) shall be subject to the condition of previous publication and such publication shall be in such manner as may be prescribed. Section 134 Power of Zila Parishad to make regulations - (1) A Zila Parishad may subject to the provisions of this Act and the rules made thereunder and with the previous sanction of the Government, by notification, make regulation with a view to carry out the purposes of this Act in so far as it relates to its powers and duties. (2) The regulations made under sub - section (1) shall be subject to the condition of previous publication and such publication shall be in such manner as may be prescribed. Section 135 Power to make model bye-laws - (1) The Government may, subject to the Provisions of this Act and the rules made thereunder and after previous publication of the draft for not less than one month, make model regulations and bye-laws for Gram Panchayats, Panchayat Samities and Zila Parishads. (2) A Gram Panchayat, Panchayat Samiti or Zila Parishad shall, by passing a resolution, adopt the model bye-laws or regulations, as the case may be, made under sub-section (1), and such bye-laws and regulations shall come into force within the justification of the Gram Panchayat, Panchayat Samiti or Zila Parishad from such date as the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, may specify in a notice published in the prescribed manner. 119 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - CHAPTER - XV Budget, Account and Audit Section 136 Budget and accounts of Panchayats - (1) Every Panchayat shall in such from and in such manner and by such date, as may be prescribed, prepare every year a budget estimate of its receipts and expenditure for the following year. (2) The budget estimate prepared under sub-section (1) shall be approved by such authorities and in such manner, as may be prescribed. (3) The annual accounts and administrations report shall be presented to the prescribed authority in the prescribed manner. Section 137 Audit of Panchayats - (1) The State Govt. shall select or constitute an institution for audit of accounts of the Panchayats. (2) The audit fee, if any, to be paid for audit of accounts of the Panchayats and the manner of action on audit reports shall be such as may be prescribed. CHAPTER - XVI Miscellaneous Section 138 Determination of Elected member after census - Upon the publication of figures of each census, the number of elected members of a panchayat shall be determined by the State Government on the basis of the population of the Panchayat area as ascertained at that census. Provided that the determination of the number as aforesaid shall not affect the then composition of the Panchayats until the expiry of the term of office of the elected members then in office. Section 139 Bar on any suit against Panchayat or its any committee or its office-bearer, officer or servant. No suit shall be brought against any Panchayat or its any Committee or any office- bearer, officer or servant or against any person working under the direction of any such Panchayat, its Committee, Office-bearer, officer or servant in respect of any thing which has been done bonafide or has been required to be done bonafide under this Act or any rule or bye-laws made thereunder. 120 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - Section 140 Renunciation of suit for want of notice - (1) No suit can be brought against any Panchayat or its any office- bearer, officer or servant or any person working as per the direction of any of the authorities mentioned in this Act in respect of any such suit which has been brought or is required to be brought under this Act until a lawful notice has been duly served. (2) Every such suit shall be dismissed unless the alleged suit has been lodged within six months from the date of the occurrence. (3) On non-compliance of the procedure formulated under sub-sections (1) and (2), the suit lodged shall not be deemed to be pending. Section 141 Bar to other action as to taxes, etc. - (1) Any objection regarding evaluation, assessment or levy shall not be done in a manner other than the manner provided in this Act or the rules made thereunder. (2) No suit shall be brought against any Panchayat or its any Office-bearer, officer or servant for loss or for specific compliance on the ground that any duty specified in this Act was not complied with. Section 142 Members or servants of Panchayat shall be public servants- Every officer - bearer of the Panchayat and its every officer or servant shall be considered public servant under section (21) of the Indian Penal Code, 1860. Section 143 Work of Panchayat shall not to be unlawful due to vacancy or defect in constitution procedure - No work of the Panchayat shall be deemed to be illegal on the ground that - (a) There is any vacancy or there is any defect in its constitution; or (b) There is any defect in election, association or appointment of any person functioning as an officer bearer; or (c) There is any such irregularity in its procedure which does affect disposal of the matter. 121 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - Section 144 Acquisition of land- (1) Where any land is required for this purpose and the Panchayat is unable to acquire the same by an agreement, then the State Government, on request of the said Panchayat and on recommendation of the District Magistrate, may take action to acquire the same under the relevant provisions of the land Acquisition Act, and on payment of the compensation adjudged under the said Act and of all other charges incurred by the State Government with respect to those proceedings, by the Panchayat, the said land shall rest in the Panchayat for which it was so acquired. (2) The Panchayat shall not, without prior permission of the State Government, transfer any such land, which has been acquired under sub-section(1), nor shall it use the said land for any purpose other than the purpose for which it was acquired. Section 145 The Central Government or the State Government shall not obtain any license or permission - Notwithstanding any thing contained in this Act or any rule or bye-law made thereunder, the Central or State Government shall not be required to obtain, in particular, any permission or license with respect to any property of the said Government or any place in occupation or under control of the said Government. Section 146 Bar on remuneration to members, etc. - (1) Any remuneration or allowance whatsoever to any member of the Panchayat shall be paid only in accordance with the rules made in this regard, and not otherwise. (2) Allowances to Pramukh, up- Pramukh and other members :- The Pramukh, the up-Pramukh and every member of the Panchayat Samiti shall be entitled to get meeting fees and allowances as prescribed. (3) Allowances to Adhyaksha, up- Adhyaksha and other members:- The Adhyaksha, the up-Adhyaksha and every member of the Zila Parishad shall be entitled to get meeting fees and allowances as prescribed. Section 147 Record, etc. of the Panchayat may be inspected:- Subject to the rules made under this Act and on payment of such fees as may be prescribed, the records of the Panchayat and its any committee may be examined by the persons who desire to do so, and certified copies thereof shall be supplied to the persons who apply therefore, on payment of such fees, as may be prescribed. 122 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - Section 148 Mode of serving documents, etc:- Save provided otherwise in this Act, any notice or other document shall be served in the prescribed manner under this Act or any rule, bye-law or order made thereunder. Section 149 Entry etc. for purposes of the Act :- It shall be lawful for the officers of a Panchayat or an officer authorised on its behalf by the said Panchayat that he/ along with such Assistants whom he deem necessary, enter any land or building or in respect of any work relating to the said Panchayat, between sun-rise and sun-set; Provided that any building, which is in occupation of that time shall be entered into until a twenty four hour notice in writing has been served; Provided further also that in case of a building used as human - dwelling, the social and religious customs of the occupants shall be duly kept in mind. Section 150 Bar to interference by courts in electoral matters :- The validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies made or purporting to be made under this Act shall not be called in question in any court. Section 151 Election Petition :- (1) An election held under this Act shall be called in question only by filing a petition in the prescribed manner and not otherwise, to - (i) The sub divisional officer in matters of a Gram Panchayat; (ii) The District magistrate/ Deputy Commissioner in matters of a Panchayat Samiti; and (iii) The Divisional Commissioner in matters of a Zila Parishad. (2) No such petition shall be entertained unless it is filed within a period of thirty days from the date on which the election in question was notified. (3) Such petition shall be examined and disposed of according to the procedure, as may be prescribed. Section 152 Grounds for declaring election to be void :- (1) Subject to sub-section (2), if the prescribed authority is of opinion- 123 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (a) That on the date of his election, a returned candidate was not qualified, or was disqualified, to be chosen as a member under this Act; or (b) That any corrupt practice has been committed a returned candidate or his agent, or with the consent of a retuned candidate or his agent; or (c) That any nomination paper has been improperly rejected; or (d) That the result of the election, in so far as it concerns a returned candidate, has been materially affected- (i) by the improper acceptance of any nomination; or (ii) by any corrupt practice committed in the interest of the returned candidate by an agent; or (iii) by the improper reception, refusal or rejection of any vote or reception of any vote which is void; or (iv) by any non-compliance with the provisions of this Act or of any rules or order made thereunder; the prescribed authority shall declare the election of the returned candidate to be void. (2) If in the opinion of the prescribed Authority any agent of a returned candidate has been guilty of any corrupt practice, but the prescribed Authority is satisfied- (a) That no such corrupt practice was committed at the election by the candidate and every such corrupt practice was committed contrary to the orders and without the consent of the candidate; (b) That the candidate took all reasonable measures for preventing the commission of corrupt practices at the election; and (C) That in all other respect the election was free from any corrupt practice on the part of the candidate or any of his agent; Then the prescribed authority may decide that the election of the returned candidate is not void. Section 153 Grounds on which a candidate other than the returned candidate may be declared to have been elected - (1) If any person, who has, filed an election petition had in addition to calling in question election of the returned candidate claims a declaration that he himself or any other candidate has been duly elected and the prescribed authority is of opinion - (a) That in fact the petitioner or such other candidate received a majority of the valid votes; or 124 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (b) That but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of valid votes; The prescribed Authority shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected. (2) The decision of the prescribed Authority shall be final. Section 154 Corrupt practices - The following shall be deemed to be corrupt practice for the purposes of this Act - (i) Bribery as defined in clause (1) of section 123 of the representation of the people Act, 1951 (Central Act 48 of 1951) for the time being in force; (ii) Undue influence as defined in clause (2) of the said section for the time being in force; (iii) appeal by a candidate or his agent or by any other person with the consent of the candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of or appeal to national symbols such as the national flag or the national emblem, as the furtherance of the prospects of the election of that candidate for prejudicially affecting the election of any candidate; (iv) Promotion of or attempt to promote feelings of enmity or hatred between different classes of the citizens of India on the grounds of religion, race, caste, community or language by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the election of that candidate to or for prejudicially affecting the election of any candidate; (v) The publication by a candidate or his agent or by any other person with the consent of the candidate or his agent or any statement of fact which is false and which he either believes to be false or does not believe to be true in relation to the personal character or conduct of any candidate or in relation to the candidature or withdrawal of any candidature being statement reasonably calculated to prejudice the prospects of that candidate's election. (vi) The hiring or fuelling, whether on payment or otherwise, any vehicle or vessel by a candidate or his agent or by any other person with consent of a candidate or his agent, or the use of such vehicle or vessel for free conveyance of any voter (other than the candidate himself, the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act; Provided that the use of any public transport vehicle or vessel or railway carriage by any voter at his own cost for the purpose of going to or 125 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - coming from any such polling station or places fixed for the poll shall not be deemed to be a corrupt practice under this clause. Explanation - In this clause, the word vehicle means any 'vehicle' used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise whether used for the drawing of other vehicles or otherwise; (vii) The holding of any meeting at which intoxicating liquors are served; (viii) The issuing of any circular, placard or poster having reference to the election which does not bear the name and address of the printer and publisher thereof; (ix) Any other practice which the government by rule specify to be a corrupt practice. Section 155 Order as to corrupt practices - The corrupt practices referred to under this Act shall entail disqualification for membership of any local authority for a period of 5 years counting from the date on which the finding of the prescribed authority as to such practices takes effect under this Act. Section 156 Communication of orders - The prescribed authority shall after announcing the order under this Act send a copy thereof to the District Magistrate. Section 157 Changing the head quarters of a Gram Panchayat and division, amalgamation and alteration of a Gram Sabha :- (1) The governor or the authority authorized by him may, by an order in writing, change the head-quarters of a Gram Panchayat, or may bring about changes in the limits of a Gram Panchayat by including any adjoining area or local area or by excluding there from any such local area which is included in it, or may amalgamate two or more Gram Panchayats and may instead of them constitute one Gram Panchayat, or may divide any Gram Panchayat area and may instead of it constitute two or more Gram Panchayat areas; Provided that no order under this section shall be made unless an advertisement inviting suggestions and objections regarding this in the manner as may be prescribed is published and the objections are considered into. (2) On an order under sub-section (1) having been issued, the governor or prescribed authority shall pass such consequential orders as may be imperative. 126 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - Section 158 Disestablishment of a village :- (1) The Governor or the authority authorised by him may, by an order in writing, disestablish a village; Provided that such order shall not be made unless such notice of the proposal, inviting objections by the date specified therein from the persons likely to be affected thereby, is published in the prescribed manner and the objections received are considered into. (2) On an order under sub-section (1) having been issued, the governor or prescribed authority may pass such consequential order as may be necessary. Section 159 Alteration in limits of a Panchayat Samiti and a Zila Parishad :- (1) The governor may, by notification, bring about changes (in the head quarter of any Panchayat Samiti) or its limits by including any local area which is situated nearly or by excluding any such local area which is included therein. Provided that no such notification shall be issued unless a notice to this effect inviting objections from the persons likely to be affected by the changes to be brought about in the limits of the Panchayat Samities, by the date to be specified therein, is published in a prescribed manner and the objections received are considered into; Provided further also that any such notification regarding change in the head quarters of a Panchayat Samiti shall be issued only for the purpose of a change of the head quarters situated outside the limits of the Panchayat Samiti to leaving it with in place the limits of the Panchayat Samiti and not otherwise. (2) On a notification under sub-section (1) having been issued, the governor or the authority prescribed by him may pass such consequentional orders as are necessary. (3) On any change in the limits of a district, the State Government may pass such consequential orders about the Zila Parishad, as be needed. Section 160 Power of Government to dissolve and reconstitute Panchayats when the limits of panchayat areas are altered - (1) When on account of the reason that the limits of a Panchayat area are altered, the Government may, by order published in the official gazette, dissolve such Panchayat from a date specified in the order and direct that the Gram Panchayat, Panchayat Samiti or Zila Parishad concerned - 127 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (i) Be reconstituted for the Panchayat area of which the Gram Panchayat or the Block of which the Panchayat Samiti, Or the District of which the Zila Parishad has been dissolved; or (ii) Be established for a Panchayat area, Block or District which has been newly constituted. (2) The members of the dissolved Gram Panchayat, Panchayat Samiti or Zila Parishad, under sub-section (1), shall vacate their respective offices from the date specified in the order of the government. (3) The Gram Panchayat, Panchayat Samiti or Zila Parishad reconstituted or established under the provisions of sub-section (1) shall consists of members nominated by the government and such members shall as far as may be practicable the persons who were members of the Gram Panchayat, Panchayat Samiti or Zila Parishad which has been dissolved under sub-section (1). (4) The Mukhia / Pramukh or Adhyaksha of Gram Panchayat / Panchayat Samiti or Zila Parishad shall be elected in the manner provided for in this Act. (5) The term of the Gram Panchayat, Panchayat Samiti or Zila Parishad so reconstituted or established shall be for such period not exceeding six months as the government shall by order specify. (6) Before the expiry of the term of the Gram Panchayat, Panchayat Samiti or Zila Parishad constituted under sub- section (5), every Gram Panchayat, Panchayat Samiti or Zila Parishad shall be constituted in the manner as provided by this Act. Provided that where the remainder of the period for which the dissolved Gram Panchayat, Panchayat Samiti or Zila Parishad would have continued, is less than six months, it shall not be necessary to hold an election under this section for constituting a Gram Panchayat, Panchayat Samiti or Zila Parishad for such period. (7) A Gram Panchayat, Panchayat Samiti or Zila Parishad constituted under sub- section (6) shall continue only for the remainder of the period for which the dissolved Gram Panchayat, Panchayat Samiti or Zila Parishad would have continued had it not been so dissolved. (8) When a Gram Panchayat, Panchayat Samiti or Zila Parishad has been dissolved and reconstituted or established under this section, such of the Gram Panchayat, Panchayat Samiti or Zila Parishad fund and other property vested in the Gram Panchayat, Panchayat Samiti or Zila Parishad which has been dissolved shall vest in and such portion of the debts and obligations shall be transferred to the Gram Panchayat, Panchayat Samiti or Zila Parishad reconstituted or established under this section as the Government may by order in writing direct. 128 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (9) The rights and liabilities of the Gram Panchayat, Panchayat Samiti or Zila Parishad which has been dissolved, in respect of civil and criminal proceedings, contracts, agreements and other matters or things arising in and relating to any part of the area subject to the authority of the Gram Panchayat, Panchayat Samiti or Zila Parishad reconstituted or established shall vest in such Gram Panchayat, Panchayat Samiti or Zila Parishad. (10) Any appointment, notification, notice, tax, order, scheme, license, permission, rule, regulation or from made, issued, imposed or granted by the Gram Panchayat, Panchayat Samiti or Zila Parishad, which has been dissolved in respect of any part of the area subject to the authority of the Gram Panchayat, Panchayat Samiti of Zila Parishad which has been reconstituted or established, shall be deemed to have been made, issued, imposed or granted by such Gram Panchayat, Panchayat Samiti or Zila Parishad unless and until it is suspended by any appointment, notification, notice, from, order, scheme, license, permission, rule, regulation or from made, issued, imposed or granted by such Gram Panchayat, Panchayat Samiti or Zila Parishad. (11) If any difficulty arises in giving effect to the provisions of the preceding sub- sections, the government may, by order published in the official gazette, as the occasion may require, do any thing which appears to it to be necessary to remove the difficulty. Section 161 Management of Government lands - Any Government lands transferred to a Panchayat shall be managed by the said Panchayat according to such rules as the government may make in this behalf. Section 162 Administrative control of Panchayats over projects, schemes etc. :- (1) Subject to any general or special order of the State Government notified in the official gazette, the function and administrative control of all State Government institutions, projects, schemes and offices located within the Gram Panchayat, shall vest in the Gram Panchayat. (2) Where the institutions, projects, schemes and offices serve the areas of more than one Gram Panchayat, their function and administrative control shall vest in the Panchayat Samiti. (3) Where the institutions, projects, schemes and offices serve the area beyond that of a Panchayat Samiti, their function and administrative control shall vest in the Zila Parishad. Illustrations:- (a) Function and administrative control of the primary, middle and secondary Schools, health sub- centers, hand pumps, irrigational 129 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - tube wells etc., which serve within the area of one Gram Panchayat shall vest in a Gram Panchayat; (b) Function and administrative control of the Health sub-centres etc., which serve in areas of more than one Gram Panchayat, shall vest in a Panchayat Samiti; (c) Function and administrative control of the referral Hospitals etc., which serve an area extending to more than one Panchayat Samiti, shall vest in the Zila Parishad; (d) Functions of the officers and employees of the State Government and the power of administrative control over those serving in these institutions, projects and schemes as well as offices shall vest in the Panchayat concerned but for their dismissal, removal or reduction in rank. The State Government shall specify a clear mechanism relating to such administrative control. Section 163 Removal of difficulties:- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the official Gazette, as the occasion may require, do anything which appears to it to be necessary to remove the difficulty. CHAPTER - XVII Repeal and Savings The Bihar Panchayat Raj Act, 1947 (Bihar Act 7 of 1948), the Bihar Panchayat Samiti and Zila Parishad Act, 1961 (Bihar Act 6 of 1962) and the Bihar Panchayat Raj Act, 1993, are hereby repealed. Provided that such repeal shall not affect - (1) The previous operations of the said enactments or any thing duly done or suffered thereunder ; or. (2) Any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments; or (3) Any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or (4) Any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, forfeiture or punishment as afore said and any such investigation, legal proceeding or remedy that might have been instituted, continued or enforced, and any such penalty, forfeiture or punishment that might have been imposed, as if this Act has not been passed; 130 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (5) Not withstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Acts, shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing or action was done or taken. Schedule 1. (1) Agriculture with agriculture extension. (2) Land development and land conservation. (3) Minor irrigation, water management and water shed development. (4) Animal husbandry, dairy and poultry. (5) Pisciculture. (6) Social forestry and farm forestry. (7) Minor forest produce. (8) Small industry with food processing industry. (9) Khadi, Village industry and cottage industry. (10) Rural housing. (11) Drinking water. (12) Fuel and fodder. (13) Roads, culverts, bridges, ferry, water - ways and other means of communication. (14) Rural electrification including electricity distribution (15) Non - conventional sources of energy. (16) Poverty alleviation programme. (17) Education including Primary and Secondary schools. (18) Technical training and professional education. (19) Adult and non-formal education. (20) Library. (21) Cultural activities. (22) Markets and fairs. (23) Health and hygiene with hospitals, primary health centers and dispensaries. (24) Family welfare. (25) Women and child development. (26) Social welfare with welfare of disabled and mentally retarded persons 131 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (27) Welfare of weaker sections particularly of the Scheduled Castes and the Scheduled Tribes. (28) Public Distribution system. (29) Maintenance of community assets. By the order of Governor of Jharkhand, Prasant Kumar, Joint Secretary to the Government.