Section 6

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

The Government may delegate powers by amending, after due deliberation, the Acts/Rules for the time being in force with regard the functions of the 74 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - Panchayat Samiti or its additional functions mentioned in sub-section (A) and (B) of section (76). Section 77 (A) Functions of Zila Parishad - Subject to such conditions as my prescribed by the Government from time to time, the Zila Parishad shall perform the following functions: (i) General Functions - (a) Preparing annual plans for economic development and social justice of the district and ensuring coordinated execution thereof; (b) Preparing annual plans for the schemes entrusted to it by any law and for the schemes entrusted to it by the Central or State Government, and ensuring coordinated execution thereof; (c) Preparing annual budget of the district; (d) Coordinating, evaluating, persuading and guiding the activities of Panchayat Samities and Gram Panchayats; (e) Ensuring execution of the schemes, functions and works and also the projects entrusted by any law or entrusted or transferred or delegated by the Central or State Government; (f) Re-allotment of the funds made available by the Central or State Government appertaining to the transferred functions, work, schemes and projects, to the Panchayat Samities and Gram Panchayats as per their criteria; (g) Coordinating and forwarding to the State Government the proposal of grants for any specific purpose received from Panchayat Samities; (h) Ensuring execution of plans, projects and other works for benefit of two or more than two Panchayat Samities; (i) Executing the works, schemes and projects, transferred to Panchayats by the State Government, through Gram Panchayats or executing agencies, regardless of the sources of their fund; (j) Taking necessary measures for exploiting resources, by exercising the power conferred by any law or by the Central or State Government; (k) Power to do relief work during natural calamity; (l) Maintenance of essential statistical works. (ii) Agriculture, including extension of agriculture- (a) Popularising use of improved agricultural system and adopting improved agricultural practices to increase agricultural production; (b) Opening and managing agricultural seed farms and commercial farms; 75 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (c) Organizing agricultural fairs & exhibitions; (d) Preparing plans for integrated extension of agriculture and horticulture, and causing executing thereof; (e) Causing execution after Preparing integrated plan for extension of land development and soil conservation; (f) Establishment of training centers and provisions for training of farmers. (iii) Land development, and land reforms and soil conservation - (a) Promoting and extending soil conservation activities; (b) Causing execution after preparing an integrated plan for development of barren land. (iv) Minor irrigation, water management and water shed - development - (a) Construction and management of lift irrigation; (b) Extension of water shed programme; (c) Maintenance of available water sources; (d) Development of under ground water resources; (e) Encouraging community water committees and installing community pump sets. (v) Animal husbandry, dairy and poultry - (a) Causing execution after preparing an integrated plan for improvement in breed of domestic cattle, poultry and other live stock; (b) Promotion of dairy industry, poultry farming and piggery, etc; (c) Establishment of veterinary hospitals and artificials insemination centers; (d) Measures for control and prevention of cattle - diseases and contagious disease; (e) Integrated development of fodder; (f) Extending and persuasion for activities for rearing pigs, goats and ducks; (g) Facilities of dairy farms and cold storage. (vi) Pisciculture - (a) Production and distribution of spawns; (b) Constitution of fish marketing co-operative societies; (c) Pisciculture in private and community ponds; (d) Welfare schemes for uplift of fishermen; 76 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (vii) Social and agricultural forestry - (a) Integrated management of plantation on flanks of roads and other public lands under its control; (b) Integrated management of social & agricultural forestry; (c) Integrated management of minor forest products. (viii) Khadi, village & cottage industries - (a) Aiding development of village & cottage industries; (b) Implementing an integrated plan for development of domestic industries benefiting the traditionally expert artisan, after identifying them; (c) Provision for training and financial assistant to craftsmen and artisans; (d) Popularising readymade products and providing for there marketing; (e) Encouraging organization for Khadi, handloom and handicraft industries; (f) Ascertaining the needs for raw materials and ensuring their supply; (g) Design and production in keeping with changing needs of consumers; (h) Providing for bank loans. (ix) Rural housing - (a) Integrated management of execution of rural housing programmes in the district; (b) Assisting the Gram Panchayats and the Panchayat Samities in coordinating, supervising and maintaining distribution of residential sites within its jurisdiction; (c) Identification of homeless families and integrated management of provision for low cost houses for them. (x) Drinking water facility - (a) Control and prevention of water pollution; (b) Extension of rural water supply; (c) Management of drinking water sources. (xi) Roads, buildings, bridges - culverts, waterways and other means of communication - (a) Preparation of a comprehensive plan for roads building and culverts, other than national and state highways and provision for construction and maintenance thereof. 77 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (b) Preparation of comprehensive plan for link roads to markets, educational and health centers and provision for construction and maintenance thereof; (c) Maintenance of boats, ferries and water ways; (d) Repairs of building within the jurisdiction of Zila Parishad and construction of new buildings; (e) Organizing the people for voluntary land acquisition for new roads and widening the existing roads. (xii) Rural Electrification - (a) Assistance in making available light at public streets and other places; (b) Extension of rural electrification. (xiii) Non - conventional sources of energy - (a) Carrying out comprehensive programme for promotion and development of non conventional energy plans; (b) Propagation and publicity of community non conventional energy sources including bio-gas plants; (c) Carrying out programmes for raising public - conscience regarding improved chullhas and other energy sources. (xiv) Poverty alleviation programme- (a) Preparing a time bound plan for poverty alleviation and ensuring its implementation; (b) Arousing awareness in people for full employment and creation of productive assets and participation in poverty alleviation programmes; (c) Supervision and monitoring of all poverty alleviation programmes. (xv) Primary, secondary, adult and non formal education - (a) Propagation and publicity of science and technical education in rural areas; (b) Ensuring layout and implementation of an incentive scheme with the object of ensuring full enrollment and attendance in primary schools; (c) Planning and implementing an education guarantee scheme; (d) Provision for hostels, aashrams and stipend for poor and meritorious students; (e) Extension of adult and non formal education; (f) Survey and evaluation of educational activities. (xvi) Technical training and professional education - (a) Organizing exhibition fairs etc. to encourage rural art and craftsmen; 78 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (b) Propagation and publicity of computer education. (xvii) Library - (a) Aiding Gram Panchayats and Panchayat Samities in establishment and maintenance of library and reading room; (b) Developing information centers at Block and Panchayat levels. (xviii) Sports and cultural activities - (a) Promotion, Establishment and maintenance of sports and cultural activities; (b) Convening cultural seminars; (c) Development of sports grounds and stadium; (d) Encouraging traditional festivals, dances and other arts and giving then a new dimension by publicising them within the country and abroad. (xix) Market and fair - (a) Assistance in management of fairs (including cattle fair), markets and hats in the Panchayats' areas. (xx) Hygiene and Sanitation - (a) Ensuring promotion of rural sanitation and cleanliness of public streets, ponds, wells and roads; (b) Preparing an integrated plan for public toilets, causing its implementation and maintenance; (c) Carrying out extensive programme for immunization and vaccination against diseases; (d) Preparing and causing implementing of a comprehensive plan for control and prevention of epidemics; (e) Establishment and maintenance hospitals, primary health centers and dispensaries other than hospitals of medical College, T.B. - Sanitariums, leprosy and mental hospitals; (f) Activities appertaining to maternity and Child - care; (g) Convening Health- camps in coordination with Gram Panchayats and Panchayat Samities; (h) Taking measures for prevention against environmental pollution. (xxi) Welfare of weaker sections particularly Scheduled Castes and Scheduled Tribes - (a) Preparing an integrated plan for specific programmes for the Scheduled Castes, the Scheduled Tribes and the weaker sections of the society; (b) Management of integrated programme against exploitation of and injustice to the weaker sections of society; 79 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (c) Sanction of grants for stipend, scholarships, hostel allowance to and other grants for purchase of books and other ancillary articles for the Scheduled Castes and tribes and other Backward Classes; (d) Management of hostels for benefit of the Scheduled Castes and tribes; (e) Preparation and causing implementation of plan in organizing nursery schools balbaries and Ratri Pathshala for eradication or illiteracy in Gram Panchayat/Panchayat Samiti; (f) Organizing model welfare centers and crafts centers for imparting training to the Scheduled Castes and tribes in cottage and village industries; (g) Provision for residential basic schools for the Scheduled Castes and tribes; (h) Providing marketing facilities for the goods produced by the members of the Scheduled Castes and the Scheduled Tribes; (i) Constituting cooperative societies of Scheduled Castes and Scheduled Tribes; (j) Other welfare schemes for development and upliftment of the Scheduled Castes and the Scheduled Tribes; (xxii) Health and family welfare - (a) Extension of health and family welfare programmes; (b) Integrated measures for control and prevention of Mal nutrition; (c) Extensive encouragement to small family norms. (xxiii) Social welfare and social security including women's welfare - (a) Preparing and implementing an integrated plan for mentally and physically disabled persons; (b) Integrated management of pension for the old, the invalid and destitute, the disabled and widows; (c) Specific programmes for organisations of women and children and their development; (d) Maintenance of orphanage, reformatory home and welfare institutions; (e) Encouraging intercaste marriage and giving incentive money to the couple entering into such marriage, one of whom belongs to the scheduled caste or tribes; (f) Campaign against superstition, intoxication, untouchability and others social evils; (g) Vigilance over criminal activities such as smuggling, tax evasion adulteration, and usury; (h) Identification of bonded, labourers and their rehabilitation; (i) Assistance in taking back of aboriginals infected land development of land given to landless labourers. 80 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (xxiv) Preservation and maintenance of Community assets - (a) Integrated provision for proper use of community assets constructed by government, local authority and other agencies; (b) Encouraging peoples participation in this regard. (xxv) Public distribution system - (a) Integrated programme for arousing social consciousness pertaining to distribution of essential commodities; (b) Constant supervision for making the public distribution system efficient and transparent. (xxvi) Integrated management of child development programme - (a) Assistance to Gram Panchayat/ Panchayat Samities. (xxvii) Enhancing cooperative activities - (a) Integrated management of programmes of cooperative based agriculture, milk production, Pisciculture, forest and environment; (b) Encouraging the cooperative based handicraft, handloom, Tasar, lac and Malwari production in an integrated manner; (c) Developing cooperative marketing system at the district level. (xxviii) Encouraging the common people towards saving and development group saving norm. (xxix) Assistance to Gram Panchayats/ Panchayat Samities in fromation of self-help groups. (xxx) Preparing integrated programme to activate villager towards self-dependant village. (xxxi) Maintenance of records of birth, death, marriage etc. and arousing awareness in people to registration for births and deaths. (xxxii) Others - (a) Making consolidated integral provision to face unforeseen situations and natural calamities; (b) Aiding Gram Panchayats/ Panchayat Samities in providing casual medical help to the poorest; (c) (i) Cooperation in affairs of national interest such as cooperating in census and in collection of desirable information; (ii) Collection, compilation, analysis and timely renewal of desirable date of Gram Panchayat, Panchayat Samiti at district level; (d) Administration and control, as determined by the State Government by general or special orders from time to time, the personnel employed and 81 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - posted in Panchayats, including the staff transferred to the Panchayats by the State Government. (B) (i) Merger of district rural development Agency in Zila Parishad of the district - Notwithstanding any thing contained in the Societies Registration Act or any other Act of the State for the time being in force, district rural development agency of the district shall be deemed to be merged in Zila Parishad of the district and all assets and liabilities of the said agency and all functions thereof shall stand transferred to the concerned Zila Parishad and shall remain vested in it and the same shall be discharged and performed by the Zila Parishad concerned; (ii) Notwithstanding any thing contained in this Act or the rural or Bye- laws made there under, all the employees of the District Rural Development Agency shall, on the date of commencement of this sub-section, be getting the same salary, allowances and benefits exists at present. (C) Additional powers of Zila Parishad in Scheduled area - Without prejudice to the generality of the powers conferred by this Act, the Zila Parishad in a scheduled area shall have following powers - (1) Preparing a plan for minor reservoirs belonging to a specific water area, owning and managing the same; (2) Controlling the organisations and work, transferred to it in all social fields; (3) Control over the local plan, including tribal sub-plans and its sources and expenditure; (4) Exercise such other powers and performing such other functions as the State Government may, under any law for the time being in farce, confer on or entrust to it; (D) The functions of the Zila Parishad mentioned in sub-sections (A) and (C) of section (77) shall not affect other Acts/Rules of the government for the time being in force, and their jurisdiction; (E) The Government may delegate powers by amending, after due deliberation, the Acts/Rules for the time being in force with regard to the functions or additional functions of Zila Parishad mentioned in sub-sections (A) and (C) of section (77). 82 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - Section 78 Powers of the State Government as to the functions of Panchayats - (1) (a) Subject to such conditions as may be specified by the State Government by general or special order, the Panchayats shall, at proper levels, have such powers and authority, appertaining to the subjects listed in schedule (1) within which the preparation of plans and implementation of schemes for economic development and social justice comes and also other duties and functions conferred under section 1[10(i)(a) and 10(5)], (75), (76), (77), that may be necessary to make them capable of serving as institutions of self government. (b) The State Government, by notification, for the sake of efficient implementation of schemes, may confer on the Panchayats the powers and responsibilities at proper levels for selection of required cadres or any cadres of employees, their recruitment, employment and managing subject to the approved staffing pattern (hierarchical structure) the State Government and such others conditions as it may consider proper. (2) The State Government, by general or specific order, may increase any functions of the Panchayats or may withdraw the functions and duties conferred on such Panchayats. When the State Government take over execution of any functions conferred on a Panchayat, the Panchayat shall not be responsible for such functions so long as the State Government does not re-confer such functions on the said Panchayat. (3) The Government, by notification, subject to the conditions specified therein- (a) May transfer management and maintenance of forest situated in Panchayat area to a Panchayat; (b) May make over management of public uncultivated (Parti) land, grazing ground or vacant land situated in Panchayat area to a Gram Panchayat; (c) May make over the programme of realizing rent on its behalf and maintaining the records concerned to a Gram Panchayat; Provided that no assignment under clause (c) shall be done without consent of the Gram Panchayat concerned; Provided also that when transfer of management and maintenance of any forest is done under clause (a), the Government shall order to entrust to the Gram Panchayat a particular sum or an 1 Subs. by Jharkhand Act 07, 2002 - 22 84 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (c) By removing illegally earth, sand or other materials from any spot; or (d) By doing cultivation in any grazing ground or other land in an unauthorised manner, may be punished with such fine as may be enacted by the government. (2) Notwithstanding any thing contained in the sub-section (1), The Gram Panchayat shall have power to remove any such obstruction or encroachment and to remove any crop grown unauthorized on grazing ground or any land, not being private property, and shall also have the like power to remove any similar unauthorized obstruction or encroachment or protruding portion in any open space, not being private property, whether or not the said space is vested in the Gram Panchayat, and the expenses incurred on such removals shall be paid by the person who has encroached as such, and in case of failure to pay such expenses, the said expenses may be realised from the said person in accordance with the prescribed rules; Providing that notwithstanding any thing contained in sub-section (1) and in this sub-section, if the Gram Panchayat resolves to remove any obstruction, hindrance or encroachment from the land vested in the State Government, it may intimate the Anchaladhikari (Circle Officer) for removal of such obstruction, hindrance or encroachment from the said land and the Anchaladhikari (Circle Officer) shall take necessary action under the Chotanagpur Tenancy Act or the Santhal Pargana Tenancy Act or any other related rule for the time being in force. (3) Notwithstanding any thing contained in this section, the Gram Panchayat may give permission, in according with the byelaws made under this Act, to use any public place or to make any construction or to construct protruding portion thereon temporarily as per necessity on the occasion of festivals and ceremonies in such a manner that the public or any person may not have any inconvenience. (4) The Gram Panchayat shall not pass any order in exercise of the powers under this section unless the person concerned has been given reasonable opportunity of hearing. Section 82 Power to Compromise - With the prior permission of the prescribed Authority, Gram Panchayat, Panchayat Samiti, or Zila Parishad may enter into a compromise in respect of any such suit which has been filed by or against it or in respect of any such claim or demand, which has arisen out of any contract, entered into under this Act, on such terms as it thinks proper. 85 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - Section 83 Regulation of markets or fairs - (1) Save as provided in the Agricultural Market Act for the time being (in force), no person other than the Gram Panchayat shall either fix or use any place within the Gram Panchayat for the purpose or establishment of any market or fairs; Provided that the State Government may by notification declare any market or fair to be public market or public fair, and the public market or the public fair declared as such shall be vested in the Panchayat Samiti. (2) The State Government may make rules for the market or the fair specified in sub-section (1). CHAPTER - VIII Fund and Property of Panchayat Section 84 Fund of Gram Panchayat and its property - (1) Gram Panchayat shall have power to acquire, hold and dispose of property and to enter into contract with respect thereof; Provided that in every case of disposal of immovable property by the Gram Panchayat, it shall have to obtain prior permission of the Government. (2) All property within the local limits of the jurisdiction of the Gram Panchayat of the nature herein after in this section specified, other than property maintained by the Central or the State Government or a local Authority or any other Gram Panchayat shall vest in and belong to the Gram Panchayat and shall with all other property of whatsoever nature of kind which may become vested in the Gram Panchayat, be under its, direction, management and control, that is to say; (a) All common properties; (b) All public streets including the soil, stones and other materials thereof and all drains, bridges-culverts, trees, erection materials, implements and other things provided for such streets; (c) All public sewage systems and drains and all constructing materials and articles appertaining thereto and other sewage works; Provided that the sub soil for the purposes of enlarging, deepening or repairing otherwise or maintaining such sewage and drains or attached therewith shall be deemed vested in the Gram Panchayat; 86 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (d) The entire night soil, garbage and obnoxious material collected from streets, lavatories, urinals, sewage system, cesspits and other places or dumped on street by the Gram Panchayat; (e) All public lamps, lamp-posts and apparatus connected therewith and related or appertaining there to; (f) All buildings erected by the Gram Panchayat and all lands, and buildings or the property transferred to the Gram Panchayat by the central or state government or acquired by gift, purchase or otherwise for local public purposes; (g) All public channels, water sources, springs, tanks, ghats, reservoirs, cisterns, wells, aqueducts, conducts, tunnels, pipes, pumps and other water works whether made, laid or erected at the cost of the Gram Panchayat or otherwise and all bridges, buildings, fuel, works materials and things connected therewith or appertaining thereto and also any adjacent land (not being private property) appertaining to any pubic tank. Provided that water pipes and water works, connected therewith or appertaining thereto which with the consent of the Gram Panchayat are laid or set up in any street by the owners of any mill, factory, industry, works-shop or the like, primarily for the use of their employees shall not be deemed to be public water works by reason of their being used by the public. (3) The State Government may, by notification, exclude any street, bridge or drain from the operation of this Act or of any specific section of this Act; Provided that if the cost of construction of the work had been paid from the Gram Panchayat Fund, such works shall not be excluded from the operation of this Act or any specific section of this Act except after consideration of the views of the Gram Panchayat in a meeting. (4) The State Government may allocate to a Gram Panchayat any public property situated within its local jurisdiction and thereupon such property shall vest in and come under the control of the Gram Panchayat. (5) The State Government may take back any property allocated to a gram panchayat under sub-section (4). For such transfer no compensation other than the amount paid by the Gram Panchayat or the market value, of any building erected or any work executed by the Gram Panchayat on the said property, prevalent on the date of the taking back, shall be payable; Provided that no compensation in respect of the buildings, structures or works constructed or erected in contravention of the terms and conditions of the vesting shall be payable. 87 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (6) For every Gram Panchayat there shall be constituted a Gram Panchayat Fund bearing the name of Gram Panchayat and this shall be placed to the credit thereof - (a) Contributions and grants if any, made by the central or the state government; (b) Contributions and grants if any, made by the Zila Parishad, Panchayat Samiti or any local Authority; (c) Loans if any, granted by the central or the state government; (d) All receipts on account of taxes, rates and fees levied by it; (e) All receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works vested in, constructed by or placed under the central or and management of the Gram Panchayat; (f) All sums received as gift or contribution and all income from any trust or endowment made in favour of Gram Panchayat; (g) Such fines and penalties imposed and realised, under the provisions of this Act as may be prescribed; (h) All other sums received by or on behalf of the Gram Panchayat. (7) Every Gram Panchayat shall set a part and apply annually such sums as may be required to meet- (a) The cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees and to the secretary; (b) Every Gram Panchayat shall have the power to spend such sums as it thinks fit for carrying out the purposes of this Act; (c) The Gram Panchayat fund shall be vested in the Gram Panchayat and the balance to the credit of the fund shall be kept in such custody as may be prescribed. (8) In the matter of Gram Panchayat, the entire amount may be withdraw from the gram panchayat fund by joint signature of the Mukhia and the Secretary. Section 85 Panchayat Samiti Fund and its property - (1) Panchayat Samiti shall have power to acquire, hold and dispose of property and to enter into contract with respect thereof; Provided that in every case of disposal of immovable property, it shall have to obtain prior approval of the Government. 88 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (2) All roads, buildings or other structures constructed by a Panchayat Samiti with its funds shall be vested in it. (3) The State Government may allocate to a Panchayat Samiti and public property situated within its jurisdiction and thereupon such property shall come under the control of Panchayat Samiti; (4) The State Government may take back any property allocated to a Panchayat Samiti under sub-section (3). For such transfer no compensation other than the amounts paid by the Panchayat Samiti or the market value, of any building erected or any work executed by the Panchayat Samiti on the said property, prevalent on the date of the taking - back, shall be payable. Provided that no compensation in respect of the buildings, structures or works constructed or erected in contravention of the terms and conditions of the vesting shall be payable. (5) If Panchayat Samiti requires land to fulfill any purpose of this Act, it shall negotiate with the person / persons having interest in the said land and, if the consent is not arrived at, it shall apply to the District Magistrate for acquisition of the said land. If resolved that the land is required for public purposes, it shall take measures to acquire the land under the relevant provisions of Land Acquisition Act, 1894 (Act 1 of 1894), and the land having been acquired shall vest in the Panchayat Samiti. (6) For every Panchayat Samiti there shall be constituted a Panchayat Samiti fund and there shall be placed to the credit thereof. (a) Contribution and grants, if any, made by the Central or State Government, wherein is included even such contribution of the land revenue realised in the State as the Government may determine; (b) Contribution and grants, if any, made by Zila Parishad or any other local Authority; (c) Loans if any, granted by the Central or State Government or loans taken by a Panchayat Samiti against security of its own assets; (d) All receipts on account of tolls cess and fees items levied by it; (e) All receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works vested in, constructed by or placed under the control and management of the Panchayat Samiti; (f) All sums received as gift or contribution and all income from any trust or endowment made in favour of the Panchayat Samiti; (g) Such fines and penalties, imposed and realised, under the provisions of this Act or under the bye-laws made there under as may be prescribed; (h) All other sums received by or on behalf of the Panchayat Samiti. 89 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (7) Every Panchayat Samiti, shall set a part and apply annually such sums as may be required to meet :- (a) The cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees and to the secretary; (b) Every Panchayat Samiti shall have power to spend such sums as it thinks fit for carrying out the purposes of this Act; (c) Panchayat Samiti Fund shall be vested in the Panchayat Samiti and the balance to the credit of the fund shall be kept in such custody as may be prescribed by the State Government from time to time. (8) Subject to such general control as the Panchayat Samiti may exercise from time to time, all orders and cheques for payment from the fund of the Panchayat Samiti shall bear the signature of the Executive Officer. (9) Subject to provisions of any law connected with raising of loans by the local Authority for the time being in force, the Panchayat Samiti, with the approval of the State Government, may raise loans from time to time for the purposes of this Act and may create a deposit fund for redemption of such loan. (10) Panchayat Samiti, on the basis of the specific schemes as may be prepared by the Panchayat Samiti for the fulfillment of its purposes, may take loans from the Government or from Banks with prior permission of the Government. Section 86 Zila Parishad Fund and its property - (1) The Zila Parishad shall have the power to acquire, hold and dispose of property and enter into contract in respect thereof; Provided that in every cases of acquisition or disposal of immovable properties, it shall have to obtain prior approval of the Government. (2) All roads, buildings or other structure constructed by the Zila Parishad with its funds shall be vested in it. (3) The State Government may allocate to the Zila Parishad any public property situated within its local jurisdiction, and thereupon such property shall vest in and come under the control of, Zila Parishad; (4) The State Government may take back any property allocated to a Zila Parishad under sub - section (3). For such transfer, no compensation other than the amount paid by the Zila Parishad or the market value, of any 90 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - building erected or any work executed by the Zila Parishad on the said property, prevalent on the date of the taking - back, shall be payable; Provided that no compensation in respect of the buildings, structures or works contracted or erected in contravention of terms and conditions of the vesting shall be payable. (5) If a Zila Parishad requires land to fulfill any purpose of this Act, it will negotiate with the person or persons having interest in the said land and, if the consent is not arrived at, it shall apply to the District Magistrate for acquisition of the said land. If resolved that the land is required for public purpose, it shall take measures to acquire the land under the relevant provisions of the Land Acquisition Act and the said land having been acquired, shall vest in the Panchayat Samiti. (6) Zila Parishad Fund - For every Zila Parishad, there shall be constituted a Zila Parishad fund bearing the name of the Zila Parishad and this shall be placed to the credit thereof- (a) Contributions and grants, if any, made by the central or the State Government, wherein is included even such contribution and the land - revenue realised in the State as the Government may determines; (b) Contributions and, grants, if any, made by the Zila Parishad (Sic) or any other local Authority; (c) Loans, if any, granted by the Central or the State Government or loans taken by the Zila Parishad against surety of its own assets; (d) All receipts on account of toll cess and fee items levied by it; (e) All receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works vested in, constructed by or placed under the Control and management of the Zila Parishad; (f) All sums received as gift or contribution and all income from any trust or endowment made in favour of the Zila Parishad. (g) Such fines and penalties imposed and realised under the provisions on this Act, as may be prescribed; (h) All other sums of received by or on behalf of the Zila Parishad; (7) Every Zila Parishad shall set apart and apply annually such sums as may be required to meet :- (a) To cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees and to the secretary; 91 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (b) Every Zila Parishad shall have power to spend such sums as it thinks fit for carrying out the purposes of this Act. (c) Zila Parishad Fund shall be vested in the Zila Parishad and the balance to the credit of the fund shall be kept in such custody as may be prescribed by the State Government from time to time. (8) Subject to such general control as the Zila Parishad may exercise from time to time, all orders and cheques for payment from the fund of the Zila Parishad shall bear the signature of the Executive Officer. (9) Subject to the provisions of any law concerned with raising of loans by the local authority for the time being in force, the Zila Parishad, with the approval of the State Government, may raise loans from time to time for the purposes of this Act and may create a deposit fund for redemption of such loans. (10) Zila Parishad, on the basis of specific schemes as may be prepared by the Zila Parishad for fulfillment of its purposes may take loans from the Government or with prior permission of the Government. Section 87 (i) Assignment of funds to Panchayat - For such purposes and subject to such conditions and limits as the State Government may consider fit, the State Government may assign to any Gram Panchayat, Panchayat Samiti and Zila Parishad such taxes, tolls and fees as levied and collected by the State Government, and may give grants out of the consolidated fund of the State. (ii) Use of Panchayat Fund - (a) Subject to the provisions of this Act and the rules made there under, all the properties vested in the Panchayat and the Panchayat Fund shall be used for the purposes of this Act or for other purposes appertaining to activities related to general development of a Panchayat or for such other expenses as the State Government may, either on petition of a Panchayat or otherwise, approve in public interest. The Panchayat Fund shall be kept in the nearest Government Treasury or Sub treasury or Post Office or Nationalised Bank or Scheduled Bank or Regional Gramin Bank or its Branch; (b) The sums allocated to a Panchayat by the State Government or any other person or local Authority for any specific work or purpose shall be used exclusively for that very work or purpose and as per such instructions as the State Government may issue generally or especially in this behalf; 92 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (c) In the case of Gram Panchayat, Panchayat Samiti or Zila Parishad, all the sums shall be withdrawn for the purpose of providing for an extensive work plan exclusively from the annual budget with prior approval of the General Administrative Committee of the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be; Provided that information with regard to all receipts in and withdrawals from the Panchayat Fund shall be placed before the next meeting of the Panchayat. Section 88 (1) Grant in aid to Panchayat - The State Government shall give to the Gram Panchayat, the Panchayat Samiti and the Zila Parishad such grant, in aid as may be determined on the basis of the recommendations of the Finance Commission. (2) Power to give grant in aid- Subject to the prior sanctions of the State Government or the prescribed Authority, the Gram Panchayat, the Panchayat Samiti or Zila Parishad may provide grants in aid for any work of public utility. Section 89 Transfer of immovable property - (1) Any immovable property vested in or belonging to the Gram Panchayat, the Panchayat Samiti or Zila Parishad shall be sold, gifted, mortgaged or exchanged or leased or transferred on the exclusive sanction of the State Government or any officer authorised on this behalf, and not otherwise. (2) The procedure of transfer of an immovable property shall be such as may be prescribed by the State Government. CHAPTER IX Establishment of Panchayats Section 90 (1) Establishment of Gram Panchayat - (a) The State Government or the prescribed Authority may appoint one Secretary for a Gram Panchayat or for one or more group of Gram Panchayat; Provided that a person holding charge of Secretary of a Gram Panchayat immediately before commencement of this Act shall continue to 93 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - work as such till appointment of a Secretary is made in according with this section; Provided further that no person shall assume charge of Secretary in a Gram Panchayat if he happens to be a relative of any Office-bearer of the concerned Gram Panchayat; (b) The Secretary shall be In-charge of the Office of the Gram Panchayat, and shall discharge all its functions and exercise all the powers conferred or imposed on him under this Act or any Rules or Bye-laws made thereunder upon; (c) Gram Raksha Dal - A Gram Raksha Dal may be organized for every Gram Panchayat under a Chief Officer appointed in the prescribed manner for patrolling and security of the village, for preventing fire and embankment or bridges from being broken, for facing spread of epidemic, theft or dacoity, for maintaining public law and order and for carrying out works entrusted from time to time by the Government and all able persons of the Village in the age group of 18 to 30 years, shall be members of that Dal. (d) The State Government may frame rules for organizing Gram Raksha Dal and Rules for its works and conduct. (2) Establishment of Panchayat Samiti - (a) The State Government shall appoint an Executive Officer not below the rank of Deputy Collector for the Panchayat Samiti, who shall discharge the duties of Secretary of the Panchayat Samiti and shall be In-charge of the office of the Panchayat Samiti and exercise all the powers, conferred or imposed on him under this Act or any rules or bye-laws made thereunder; (b) The State Government shall appoint an Assistant Secretary through the Panchayat Directorate, who shall perform such functions and discharge such duties as may be entrusted by the State Government or the Executive Officer; (c) The Government shall make posting of officers and employees of the State Government to work under the Panchayat Samiti from time to time in such a number, as it deems necessary; (d) Notwithstanding anything contained in this Act or any other law for the time being in force, the Government or the other Authority authorised in this regard shall have power to transfer posted officers and employees as such from one Samiti to another; (e) Powers and function of the Executive Officers and other officers - 94 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (i) Save as otherwise expressively provided by or under this Act, the Executive Officer shall - (a) Supervise and control implementation of all works of the Panchayat Samiti; (b) Determine, supervise and control the works of the officers and employees or office-bearer working under the Panchayat Samiti as per Rules framed by the Government; (c) Take necessary measures to execute all works and developmental schemes of the Panchayat Samiti expeditiously; (d) Secure all the papers and documents related with proceedings of the meetings of the Panchayat Samiti and its Committees. (e) Withdraw and disburse money out of the fund of the Panchayat Samiti; and (f) Exercise such other powers and discharge such other duties, as may be specified. (ii) The Executive Officer shall participate in every meeting of the Panchayat Samiti and he shall have the right to participate in any of the committees of the Panchayat Samiti and to take part in its discussion, but he shall not have the right to move any proposal or to vote. If any proposal mooted before the Panchayat Samiti is transgressive or is not in conformity with the provisions of this Act or any other law, rule or order made thereunder, it shall be his duty to draw the attention of Panchayat Samiti to towards this. (3) Establishment of Zila Parishad - (a) The State Government shall appoint a Chief Executive Officer of the rank of District Magistrate for every Zila Parishad, likewise the Government may appoint and Additional Chief Executive Officer for a Zila Parishad on the terms and conditions as specified and may also, as per requirement, appoint one or more than one Deputy Chief Executive Officer and Executive Officer who shall perform such functions and discharge such duties as may be assigned to them by the State Government or the Chief Executive Officer; (b) The Government shall also appoint a Chief Planning Officer and a Chief Accounts Officer for every Zila Parishad; (c) The State Government shall make posting of officers and employees of different grades and officers also for All India Service allocated for serving under the Government from time to time in every Zila Parishad in such number the government thinks necessary; 95 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - (d) Notwithstanding any thing contained in this Act or any other law for the time being in force, the Government or any other officer or any other Authority authorised by it in this behalf shall have the power to transfer officers and employees posted as such from one district to another; (e) The State Government may constitute such services that may be prescribed from a date appointed for, for every prescribed Zila Parishad; (f) Functions of the Chief Executive Officer and other Officers - (i) Save as otherwise expressively provided by or under this Act, the Chief Executive officer shall - (a) Execute the Policies and directives of the Zila Parishad and shall take necessary steps for expeditious execution of all works and development schemes of the Zila Parishad; (b) Control the officers and employees of the Zila Parishad subject to the general supervision and control of the Adhyaksha and the rules as prescribed: (c) Discharge the duties conferred by or under this Act or the Rules or regulations made thereunder; (d) Keep in custody all the papers and documents pertaining to the Zila Parishad; (e) Draw and disburse sums from the Zila Parishad funds and shall exercise such other powers and perform such other functions as may be vested in him; (ii) The Chief Executive Officer shall participate in every meeting of the Zila Parishad and he shall be entitled to participate in any of its committee and take part in discussion, but he shall have no right to moot any proposal or to cast vote. If any proposal mooted before the Zila Parishad is transgressive in the opinion of the Chief Executive Officer or is not in conformity with the provisions of this Act or any other law,. rule or order made thereunder, it shall be his duty to draw the attention of the Zila Parishad to wards this; (iii) The Chief Planning Officer shall advice the Zila Parishad in the matter of preparing a plan and shall be responsible for all the matters related with plans of the Zila Parishad in which preparation of plan for economic development and social justice and annual plan of the district is also included, and he shall be the Chief Executive Officer of the district planning unit constituted for the district planning committee. (iv) Chief Accounts Officer shall advise the Zila Parishad in matters of financial policy and shall be responsible for all matters concerned 96 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 - with accounts of the Zila Parishad in which preparation of annual account and budget is also included and shall ensure that no expenditure whatsoever is done without proper sanction, and if done, it has to be done only in accordance with this Act and the rules and regulations made thereunder, and shall disallow any such expenditure which is not supported by this Act or rules or regulations or whereof no provision has been made in the budget. (v) Every person in possession of fund, accounts, records or other property related with Gram Panchayat or Panchayat Samiti or Zila Parishad shall, on demand in writing being made by the Chief Executive Officer in this regard, hand over the said fund or make over the said accounts, records or other property to the Chief Executive Officer or to the person authorised, in this behalf, to receive the same; (vi) The Chief Executive Officer may also take action to realise any amount payable by any person in the manner in which action for realization of arrears of land revenue from defaulters is taken and may issue search warrant for the purpose of obtaining the accounts, records or other property pertaining to Gram Panchayat or Panchayat Samiti or Zila Parishad and may exercise all such powers related therewith as is lawfully exercised by a Magistrate under the provisions of chapter (vii) of the code of Criminal Procedure, 1973 (Act 2 of 1974); (vii) Every person having knowledge about the where about of the fund, accounts, records or other property pertaining to the Gram Panchayat or Panchayat Samiti or Zila Parishad are lying hidden, shall be bound to give the said information to the Chief Executive Officer; (viii) An appeal shall lie before the State Government, against an order of the Chief Executive Officer under this section. Section 91 Alternative arrangement in absence of Secretary, Executive Officer and Chief Executive Officer -