Chapter IV PANCHAYAT SAMITI

1. (1) For every Block there shall be a Panchayat Samiti having jurisdiction save as otherwise provided in this Act, over the entire Block excluding such portions of the Block as are included in or are under the authority of a Municipality or a Cantonment Board constituted under any law for the time being in force.
2. (2) Every Panchayat Samiti shall be a body corporate by the name of its Panchayat Samiti and shall have perpetual succession and a common seal and subject to such restrictions as are imposed by or under this Act or any other enactment, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, movable or immovable, whether without or within the limits of the area over which it has authority, or entering into contracts and of doing all things necessary, proper and expedient for the purpose for which it is constituted.

Government may, by notification in the official Gazette declare any area, within the district to be a Block and name that Block; and

1. (a) include any area within that district in the Block so declared;
2. (b) exclude any area from any such Block, or
3. (c) transfer any area from one Block to another within the same district.

of-

1. (a) directly elected members from the Panchayat Samiti’s territorial constituencies, as determined under this Act;
2. (b) members of Lok Sabha and members of the Legislative Assembly of the State, representing constituencies which fall either wholly or partly in the Panchayat Samiti area;
3. (c) members of Rajya Sabha and members of the State Legislative Council, who are registered as electors within the Panchayat Samiti area;
4. (d) All the Mukhiyas of the Gram Panchayats falling within the Panchayat Samiti area.

1. (2) Every member of the Panchayat Samiti shall have the right to vote in its meeting, but in case of election and removal of Pramukh and Up-

Elected Members – (1) The number of elected members of a Panchayat Samiti shall be such as may be notified from time to time by the District

Magistrate and each of such members shall represent as nearly as may be a population of five thousand of the Panchayat Samiti area as far as possible

1. (2) For the convenience of election, the District Magistrate shall, in accordance with such rules as may be prescribed in this behalf by the State Government, divide the area of the Panchayat Samiti under the direction, control and supervision of the State Election Commission into territorial constituencies in such manner that the ratio between the population of each constituency, so far as practicable, be the same throughout the Panchayat Samiti area.
2. (3) From each territorial constituency one member shall be directly elected in the manner prescribed.

exceeding fifty percent of the total seats of the member of Panchayat Samiti shall be reserved for

1. (a) Scheduled Castes;
2. (b) Scheduled Tribes; and
3. (c) Backward Classes. The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall bear as nearly as may be, the same proportion to the total number of seats to be filled up by direct election in that Panchayat Samiti as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Panchayat Samiti by the District Magistrate under the direction, control and supervision of the State Election Commission in the prescribed manner. After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes taken together and shall be allotted to the remaining constituencies by the

District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different constituencies in a Panchayat Samiti by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

1. (2) As nearly as but not exceeding fifty percent of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.
2. (3) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.
3. (4) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the District Magistrate under the direction, control and supervision of the State

Election Commission to different constituencies in a Panchayat Samiti in such manner as may be prescribed by it.

Explanation -

For the removal of doubts it is hereby declared that the principle of rotation for the purposes of reservation of offices for the Scheduled Castes and Scheduled Tribes under this sub-section shall commence from the first election held after the commencement of the Bihar Panchayat Raj Act, 1993. 39.Duration of Panchayat Samiti – (1) Every Panchayat Samiti, save as otherwise provided in this Act, shall continue for a term of five years from the date appointed for its first meeting and no longer.

1. (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of Panchayat Samiti which is functioning immediately before such amendment, till the expiration of its duration specified in sub-section (1).
2. (3) The election to constitute a Panchayat Samiti shall be completed in the following manner –
   • (a) before the expiry of its duration as specified in sub-section (1);
   • (b) in case of dissolution, before the expiration of a period of six months from the date of such dissolution; Provided that where the remainder of the period for which the dissolved Panchayat Samiti would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat Samiti for such period.
3. (4) A Panchayat Samiti constituted consequent upon the dissolution of an earlier Panchayat Samiti before the expiration of its duration, shall

continue only for the remainder of the period for which the dissolved

Election of Pramukh and Up-Pramukh - (1) Under the supervision, control and direction of the State Election Commission :

1. (a) The elected members of the Panchayat Samiti referred to in clause
2. (a) of sub-section (1) of section 36 shall, as soon as may be, elect two members from among themselves to be the Pramukh and Up- Pramukh respectively of the Panchayat Samiti;
3. (b) If any subsequent vacancy is caused in the office of Pramukh or Up-pramukh, the elected members of the Panchayat Samiti

shall elect another member from among themselves to be the

Pramukh or Up-pramukh as the case may be : Provided that no such election shall be held if the vacancy is for a period of less than one month.

1. (2) Reservation of Seats - For the post of Pramukh, as nearly as but not exceeding fifty percent of the total seats of Pramukh in every district shall be reserved for
   • (a) Scheduled Castes;
   • (b) Scheduled Tribes; and
   • (c) Backward Classes. Within every district, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the post of Pramukh and the number of seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of Pramukh within the said district as the population of the Scheduled Castes/Scheduled Tribes bears to the proportion of the total population of that area and such seats shall be allotted by rotation to different Panchayat Samitis within the district by the District Magistrate under the direction, control and supervision of the State Election Commission in the manner prescribed by it. After reservation of seats of Pramukh for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining Panchayat Samitis by the District Magistrate in the prescribed manner. Such seats

shall be allotted by rotation to different Panchayat Samitis in a district by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

1. (ii) As nearly as but not exceeding fifty percent of the total number of seats of Pramukh so reserved under Sub-section (i) shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes and Backward Classes as the case may be. (iii)As nearly as but not exceeding fifty percent of the total number of seats of Pramukh not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.
2. (iv) Such total number of seats of Pramukh reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different Panchayat Samitis in a district in such manner as may be prescribed by it.

Explanation -

For the removal of doubts it is hereby declared that the principle of rotation for the purposes of reservation of offices for the Scheduled Castes and Scheduled Tribes under this sub-section shall commence from the first election held after the commencement of the Bihar Panchayat Raj Act, 1993.

1. (3) The term of office of Pramukh and Up-Pramukh of a Panchayat Samiti

shall, save as otherwise provided in this Act, cease on the expiry of his term of office as a member of the Panchayat Samiti.

1. (4) The election of Pramukh and Up-pramukh, filling up of vacancies in the said offices and determination of disputes relating to such election shall be in accordance with such rules or procedure as may be prescribed by the State

Allowances to the Pramukh, Up-Pramukh and other members- Pramukh, Up-Pramukh and other members of the Panchayat Samiti shall be entitled to receive such sitting fee and allowances as may be prescribed.

1. (a) convene, preside and conduct the meetings of the Panchayat Samiti;
2. (b) exercise supervision and control over the Executive Officer for securing implementation of resolutions or decisions of the Panchayat Samiti or of the Standing Committees, which are not inconsistent with the provisions of this Act or any general or special directions issued under this Act;
3. (c) exercise overall control over the financial and executive administration of the Panchayat Samiti and place before the Panchayat Samiti all questions connected therewith which shall appear to him to require its orders and for this purpose may call for records of Panchayat Samiti; and
4. (d) have power to accord sanction upto a total sum of twenty five thousand rupees in a year for the purposes of providing immediate relief to those who are affected by any natural calamity in the Panchayat Samiti area :

Powers, Functions and Duties of Up- Pramukh- The Up-Pramukh of the Panchayat Samiti shall-

1. (a) in the absence of the Pramukh, preside over the meetings of the Panchayat Samiti;
2. (b) exercise such powers and perform such duties of the Pramukh of the Panchayat Samiti as the Pramukh from time to time may, subject to the rules made by the Government in that behalf, delegate to him by an order in writing; and
3. (c) pending the election of the Pramukh, or during the absence of the Pramukh from the Panchayat area or by reason of the Pramukh being on leave for a period exceeding fifteen days, exercise the powers and perform the duties of the Pramukh; Provided that as soon as the Pramukh returns from absence, he will resume the exercise of all such powers and shall start performing all the functions and discharging all the duties of the Pramukh.

1. (1) The Pramukh may resign his office by writing under his hand and addressed to the Subdivisional Magistrate and the Up-Pramukh may resign his office by writing under his hand addressed to the Pramukh and in the absence of Pramukh to the Subdivisional Magistrate and the said office shall be deemed to be vacant on the expiry of seven days from the date of such resignation unless within the said period of seven days he withdraws such resignation by writing under his hand addressed to the Subdivisional Magistrate or the Pramukh, as the case may be.
2. (2) A Pramukh or Up- Pramukh shall vacate office if he ceases to be a member of the Panchayat Samiti.
3. (3) (i) A Pramukh/Up-Pramukh of the Panchayat Samiti shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of the total number of elected members of the Panchayat Samiti at a meeting specially convened for the purpose. The requisition for such a special meeting shall be presented to the Pramukh in writing with a copy to the Executive Officer of the Panchayat Samiti, by not less than one third of the total number of members elected directly from the territorial constituencies of the Panchayat Samiti. The Executive Officer shall immediately bring the requisition to the notice of the Pramukh. The Pramukh shall convene such meeting on a date falling within 15 days of such requisition. If the Pramukh fails to call the special meeting, the Up-Pramukh or one third of the total number of directly elected members may fix a date for such meeting and require the Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting. The Executive Officer shall necessarily issue such notice in time and convene the meeting. No such meeting shall be postponed once the notice for the same has been issued. No quorum shall be required for the special meeting convened to discuss no confidence motion.
   • (ii) No confidence motion shall not be moved against the Pramukh or the

Up-Pramukh within the first two year period of their tenure.

1. (iii) If the motion of no confidence brought against the Pramukh or the Up- Pramukh or both is once rejected, no fresh motion of no confidence against the Pramukh or the Up-pramukh or both, as the case may be, shall be brought before the Panchayat Samiti within a period of one year from the date of such rejection of the motion.
2. (iv) No confidence motion against the Pramukh or Up-Pramukh or both, as the case may be, shall not be brought during the last six months of the term of the Panchayat Samiti as mentioned in section 39 (1) of this Act.
3. (v) Such reasons/charges, on the basis of which no confidence motion has to be moved against the Pramukh or Up-Pramukh, shall be clearly mentioned in the notice of meeting called to consider the no confidence motion.
4. (vi) As soon as the meeting called under this section begins, the presiding member of this meeting shall read out the motion on which the meeting has been called to consider before the members present and declare it open for discussion. Any discussion on the motion shall not be adjourned.
5. (vii) During discussion, opportunity shall be given to the Pramukh/Up-Pramukh against whom no confidence motion has been moved for his defence before the Panchayat Samiti. The motion shall be put to vote on the same day after discussion and shall take place by secret ballot in the prescribed manner.
6. (viii) In case of no confidence motion against a Pramukh, the meeting

shall be presided by the Up-Pramukh; in case of motion against Up-Pramukh by the Pramukh and in case of motion against both Pramukh and Up-

Pramukh, by any member elected from among the members of the Panchayat Samiti present in the meeting. In case of the post of Up-Pramukh being vacant or his absence from the meeting convened for discussion on no confidence motion against the Pramukh or the post of Pramukh being vacant or his absence from the meeting convened for discussion on no confidence motion against the Up- Pramukh, as the case may be, shall be presided over by any member elected from amongst the directly elected members from the territorial constituency of the Panchayat Samiti present in the meeting.

1. (4) Without prejudice to the provisions under this Act, if in opinion of the Commissioner having territorial jurisdiction over the Panchayat Samiti, a Pramukh or an Up-Pramukh of Panchayat Samiti absents himself without sufficient cause for more than three consecutive meetings or sittings or willfully omits or refuses to perform his duties and functions under this Act, or abuses the power vested in him or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties or is absconding being an accused in a criminal case for more than six months, the Commissioner may, after giving the Pramukh or Up-Pramukh, as the case may be, a reasonable opportunity for explanation, by order, remove such Pramukh or Up-Pramukh, as the case may be, from office; The Pramukh or Up-Pramukh so removed shall not be eligible for re- election as Pramukh or Up-Pramukh of Panchayat Samiti during the remaining term of office of such Panchayat Samiti; Appeal shall lie before the Member, Board of Revenue against the order of the Commissioner.
2. (5) A Pramukh or Up- Pramukh removed from his office under sub- section (4) may also be removed by the Government from membership of the

Resignation of Member- An elected member of a Panchayat Samiti may resign his membership in writing under his hand and addressed to the Pramukh of the Panchayat Samiti and his seat shall become vacant on the expiry of seven clear days from the date of such resignation unless within the said period of seven days he withdraws such resignation by writing under his hand addressed to the Pramukh.

(1) A Panchayat Samiti shall hold a meeting for the transaction of business at least once in two months (hereinafter in this section called the ordinary meeting) and shall subject to the provisions of the following sub-sections, make regulations in conformity with this Act or with any rules made thereunder with respect to the day, hour, notice, management and adjournment of its meetings and generally with respect to the transaction of business thereto. (2) Every meeting of the Panchayat Samiti shall ordinarily be held at the headquarters of the Panchayat Samiti. (3) The date of the first meeting of the Panchayat Samiti after its constitution shall be fixed by the Subdivisional Magistrate who shall preside at such meeting and date of each subsequent ordinary meeting shall be fixed at the previous meeting of the Panchayat Samiti, provided that the Pramukh may for sufficient reason alter the day of the meeting to a subsequent date. The Pramukh may, whenever he thinks fit and upon the written request of not less than one third of the total number of members and on a date within fifteen days from the receipt of such request shall call a special meeting. Such request shall specify the object for which the meeting is proposed to be called. If the Pramukh fails to call a special meeting, the Up-Pramukh or one-third of the total number of members may call the special meeting for a day not more than fifteen days after presentation of such request and require the Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting. (4) Ten clear days’ notice of an ordinary meeting and seven clear days’ notice of a special meeting specifying the time at which such meeting is to be held and the business to be transacted thereat shall be sent to the members and affixed at the office of the Panchayat Samiti. Such notice shall include in case of a special meeting any motion or proposition mentioned in the written request made for such meeting. (5) Half of the total number of members of the Panchayat Samiti shall form a quorum for transacting business at a meeting of the Panchayat Samiti. If at the time appointed for the meeting a quorum is not present, the person presiding shall wait for one hour and if within such period there is a quorum, proceed with the meeting, but if within such period there is no quorum, the person presiding shall adjourn the meeting to such hour on some future day as he may deem fit. He shall similarly adjourn the meeting at any time after it has begun if his attention is drawn to the want of quorum. At such adjourned meetings a quorum of at least one fifth of the total number of member shall be required and the business which would have been brought before the original meeting shall be transacted. (6) Every meeting shall be presided over by the Pramukh or if he is absent by the Up-Pramukh and if both are absent or if the Pramukh is absent and there is no Up-Pramukh the members present shall elect one from among themselves to preside. (7) All questions shall, unless otherwise especially provided, be decided by a majority of votes of the members present and voting. The presiding member, unless he refrains from voting, shall give vote before declaring the number of votes for and against a question and in case of equality of votes he may give his casting vote. (8) No member of a Panchayat Samiti shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the Panchayat Samiti, if the question is one in which, apart from its general application to the public, he has any pecuniary or personal interest and if the person presiding has such an interest, he shall not preside over the meeting when such question comes up for consideration. (9) If the person presiding is believed by any member present at the meeting to have any such pecuniary or personal interest in any matter under discussion and if a motion to that effect be carried, he shall not preside at the meeting during such discussion or vote on or take part in it. Any member of the Panchayat Samiti may be chosen to preside at the meeting during the continuance of such discussion. (10) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice convening such meeting or in the case of a special meeting in the written request for such meeting. A member may propose any resolution connected with or incidental to the subjects included in the list of business. The Pramukh may propose any urgent subject of a routine nature not included in the list of business if no member objects to it. No permission shall be given in the case of a motion or proposition to modify or cancel any resolution within three months after passing thereof except in accordance with sub-section (12). The order in which any business or proposition shall be brought forward at such meeting shall be determined by presiding authority who in case it is proposed by any member to give particular proposition shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal. (11) Any ordinary meeting may with the consent of a majority of the members present be adjourned from time to time but no business shall be transacted at any adjourned meeting other than that left or undisposed at that meeting. (12) No resolution of Panchayat Samiti shall be modified or cancelled within six months after passing thereof except by a resolution passed by not less than one-half of the total number of members at an ordinary or special meeting the notice whereof shall have been given fulfilling the requirements of sub-section (4) and setting forth fully the resolution which it is proposed to modify fully or cancel at such meeting and motion or proposition for modification or cancellation of such resolution. (13) The proceeding of every meeting shall be recorded in the minutes book immediately after the deliberations of the meeting and shall after being read over by the presiding authority of the meeting be signed by him. The action taken on the decisions of the Panchayat Samiti shall be reported at the next meeting of the Panchayat Samiti. The minutes book shall always be kept in the office of the Panchayat Samiti. The Executive Officer shall be the custodian of the minute book. (14) The Panchayat Samiti may require the presence of Government officers at its meeting. If it appears to a Panchayat Samiti that the attendance of any officer of the Government having jurisdiction over an area of a district or part of a district and not working under the Panchayat Samiti is desirable at a meeting of the Panchayat Samiti, the Executive Officer shall by a letter addressed to such officer not less than fifteen days before the intended meeting request that officer to be present at the meeting and the officer shall, unless prevented by sickness or other reasonable cause, attend the meeting : Provided that the officer on receipt of such letter may if he for any of the reasons aforesaid is unable to be present thereat himself, instruct his deputy or other competent subordinate officer to represent him at the meeting.

1. (2) Every meeting of the Panchayat Samiti shall ordinarily be held at the headquarters of the Panchayat Samiti.
2. (3) The date of the first meeting of the Panchayat Samiti after its constitution shall be fixed by the Subdivisional Magistrate who shall preside at such meeting and date of each subsequent ordinary meeting shall be fixed at the previous meeting of the Panchayat Samiti, provided that the Pramukh may for sufficient reason alter the day of the meeting to a subsequent date. The Pramukh may, whenever he thinks fit and upon the written request of not less than one third of the total number of members and on a date within fifteen days from the receipt of such request shall call a special meeting. Such request shall specify the object for which the meeting is proposed to be called. If the Pramukh fails to call a special meeting, the Up-Pramukh or one-third of the total number of members may call the special meeting for a day not more than fifteen days after presentation of such request and require the Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting.
3. (4) Ten clear days’ notice of an ordinary meeting and seven clear days’ notice of a special meeting specifying the time at which such meeting is to be held and the business to be transacted thereat shall be sent to the members and affixed at the office of the Panchayat Samiti.

Such notice shall include in case of a special meeting any motion or proposition mentioned in the written request made for such meeting.

1. (5) Half of the total number of members of the Panchayat Samiti shall form a quorum for transacting business at a meeting of the Panchayat Samiti. If at the time appointed for the meeting a quorum is not present, the person presiding shall wait for one hour and if within such period there is a quorum, proceed with the meeting, but if within such period there is no quorum, the person presiding shall adjourn the meeting to such hour on some future day as he may deem fit. He shall similarly adjourn the meeting at any time after it has begun if his attention is drawn to the want of quorum. At such adjourned meetings a quorum of at least one fifth of the total number of member shall be required and the business which would have been brought before the original meeting shall be transacted.
2. (6) Every meeting shall be presided over by the Pramukh or if he is absent by the Up-Pramukh and if both are absent or if the Pramukh is absent and there is no Up-Pramukh the members present shall elect one from among themselves to preside.
3. (7) All questions shall, unless otherwise especially provided, be decided by a majority of votes of the members present and voting. The presiding member, unless he refrains from voting, shall give vote before declaring the number of votes for and against a question and in case of equality of votes he may give his casting vote.
4. (8) No member of a Panchayat Samiti shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the Panchayat Samiti, if the question is one in which, apart from its general application to the public, he has any pecuniary or personal interest and if the person presiding has such an interest, he

shall not preside over the meeting when such question comes up for consideration.

1. (9) If the person presiding is believed by any member present at the meeting to have any such pecuniary or personal interest in any matter under discussion and if a motion to that effect be carried, he shall not preside at the meeting during such discussion or vote on or take part in it. Any member of the Panchayat Samiti may be chosen to preside at the meeting during the continuance of such discussion.
2. (10) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice convening such meeting or in the case of a special meeting in the written request for such meeting. A member may propose any resolution connected with or incidental to the subjects included in the list of business. The Pramukh may propose any urgent subject of a routine nature not included in the list of business if no member objects to it. No permission shall be given in the case of a motion or proposition to modify or cancel any resolution within three months after passing thereof except in accordance with sub-section (12). The order in which any business or proposition shall be brought forward at such meeting shall be determined by presiding authority who in case it is proposed by any member to give particular proposition shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal.
3. (11) Any ordinary meeting may with the consent of a majority of the members present be adjourned from time to time but no business shall be transacted at any adjourned meeting other than that left or undisposed at that meeting.
4. (12) No resolution of Panchayat Samiti shall be modified or cancelled within six months after passing thereof except by a resolution passed by not less than one-half of the total number of members at an ordinary or special meeting the notice whereof shall have been given fulfilling the requirements of sub-section (4) and setting forth fully the resolution which it is proposed to modify fully or cancel at such meeting and motion or proposition for modification or cancellation of such resolution.
5. (13) The proceeding of every meeting shall be recorded in the minutes book immediately after the deliberations of the meeting and shall after being read over by the presiding authority of the meeting be signed by him. The action taken on the decisions of the Panchayat Samiti shall be reported at the next meeting of the Panchayat Samiti. The minutes book shall always be kept in the office of the Panchayat Samiti. The Executive Officer shall be the custodian of the minute book.
6. (14) The Panchayat Samiti may require the presence of Government officers at its meeting. If it appears to a Panchayat Samiti that the attendance of any officer of the Government having jurisdiction over an area of a district or part of a district and not working under the Panchayat Samiti is desirable at a meeting of the Panchayat Samiti, the Executive Officer shall by a letter addressed to such officer not less than fifteen days before the intended meeting request that officer to be present at the meeting and the officer shall, unless prevented by sickness or other reasonable cause, attend the meeting : Provided that the officer on receipt of such letter may if he for any of the reasons aforesaid is unable to be present thereat himself, instruct his deputy or other competent subordinate officer to represent him at the meeting.

(1) Subject to such conditions as may be prescribed by the Government from time to time, the Panchayat Samiti shall undertake the following :- (i) Preparation of annual plans in respect of the schemes entrusted to it by virtue of this Act and those assigned to it by the Government or the Zila Parishad and submission thereof to the Zila Parishad within the prescribed time for integration with the district plan; (ii) Consideration and consolidation of annual plans of all Gram Panchayats in the Samiti and submission of the consolidated plan to the Zila Parishad; (iii) Preparation of annual budget of the Panchayat Samiti and submission of consolidated plan to the Zila Parishad; (iv) Performing such functions and executing such works as may be entrusted to it by the Government or the Zila Parishad; (v) Providing relief to victims of natural calamities. (2) Agriculture (including Agricultural Extension)- (i) Promotion and development of agriculture and horticulture; (ii) Maintenance of agricultural seed farms and horticultural nurseries; (iii) Storage and distribution of insecticides and pesticides; (iv) Propagation of improved methods of cultivation; (v) Promotion of cultivation and marketing of vegetables, fruits, herbal plants and flowers; (vi) Training of farmers and extension activities. (3) Land Improvement and Soil Conservation – Assisting the Government and Zila Parishad in the implementation of land improvement and soil conservation programmes of the Government. (4) Minor Irrigation, Water Management and Watershed Development – (i) Assisting the Government and Zila Parishad in the construction and maintenance of minor irrigation works; (ii) Implementation of schemes for community and individual irrigation. (5) Poverty Alleviation Programmes – Planning and Implementation of poverty alleviation programmes and schemes. (6) Animal Husbandry, Dairy and Poultry- (i) Maintenance of veterinary and animal husbandry services; (ii) Improvement of breed of cattle, poultry and other livestock; (iii) Promotion of dairy farming, poultry and piggery; (i) Prevention of epidemics and contagious diseases. (7) Fisheries – Promotion of fisheries development. (8) Khadi, Village and Cottage Industries – (i) Promotion of rural cottage industries; (ii) Organisation of conferences, seminars and training programmes, agricultural and industrial exhibitions. (9) Rural Housing – Implementation of housing schemes and distribution of house sites. (10) Drinking Water - (i) Establishment, repairs and maintenance of rural water supply schemes; (ii) Prevention and control of water pollution; (iii) Implementation of rural sanitation schemes. (11) Social and Farm Forestry, Minor Forest Produce, Fuel and Fodder – (i) Planting and preservation of trees on the sides of roads and other public lands under its control; (ii) Fuel plantation and fodder development; (iii) Promotion of farm forestry. (12) Roads, Buildings, Bridges, Ferries, Waterways and other means of communication- (i) Construction and maintenance of public roads, drains, culverts and other means of communications which are not under the control of any other local authority or the Government; (ii) Maintenance of any building or other property vested in the Panchayat Samiti; (iii) Maintenance of boats, ferries and waterways. (13) Non-Conventional Energy Sources- Promotion and development of non- conventional energy sources. (14) Education, including Primary and Secondary Schools- (i) Promotion of Primary and secondary Education; (ii) Construction, repair and maintenance of primary school buildings. (15) Technical Training and Vocational Education- Promotion of rural artisan and technical and vocational training. (16) Adult and Non-formal education-Implementation of mass literacy. (17) Cultural Activities- Promotion of social, cultural and sports activities. (18) Market and fairs- Regulation of fairs and festivals. (19) Health and Family Welfare – (i) Promotion of health and family welfare programmes; (ii) Promotion of immunization and vaccination programmes; (iii) Health and sanitation at fairs and festivals. (20) Women and Child Development- (i) Promotion of programmes relating to development of women and children; (ii) Promotion of health and nutrition programmes in the schools; (iii) Promotion of participation of voluntary organizations in women and child development programmes. (21) Social Welfare including welfare of the physically and mentally challenged - (i) Social welfare programmes including welfare of physically and mentally challenged and destitutes; (ii) Monitoring the old age and widows’ pensions and pensions for the physically and mentally challenged. (22) Welfare of the weaker sections and in particular of the Scheduled Castes and Scheduled Tribes- (i) Promotion of welfare of Scheduled Castes, Scheduled Tribes and other weaker sections; (ii) Protecting such castes and classes from social injustice and exploitation. (23) Maintenance of Community assests- (i) Maintaining all community assets vested in it or transferred by the Government or any local authority or organization; (ii) Preservation and maintenance of other community assets. (24) Public Distribution System – Distribution of essential commodities. (25) Rural Electrification- Promotion of rural electrification. (26) Co-operation- Promotion of co-operative activities. (27) Libraries – Promotion of libraries (28) Such other functions as may be entrusted.

1. (i) Preparation of annual plans in respect of the schemes entrusted to it by virtue of this Act and those assigned to it by the Government or the Zila Parishad and submission thereof to the Zila Parishad within the prescribed time for integration with the district plan;
2. (ii) Consideration and consolidation of annual plans of all Gram Panchayats in the Samiti and submission of the consolidated plan to the Zila Parishad;
3. (iii) Preparation of annual budget of the Panchayat Samiti and

submission of consolidated plan to the Zila Parishad;

1. (iv) Performing such functions and executing such works as may be entrusted to it by the Government or the Zila Parishad;
2. (v) Providing relief to victims of natural calamities.

1. (2) Agriculture (including Agricultural Extension)-
   • (i) Promotion and development of agriculture and horticulture;
   • (ii) Maintenance of agricultural seed farms and horticultural nurseries;
   • (iii) Storage and distribution of insecticides and pesticides;
   • (iv) Propagation of improved methods of cultivation;
   • (v) Promotion of cultivation and marketing of vegetables, fruits, herbal plants and flowers;
   • (vi) Training of farmers and extension activities.
2. (3) Land Improvement and Soil Conservation – Assisting the Government and Zila Parishad in the implementation of land improvement and soil conservation programmes of the Government.
3. (4) Minor Irrigation, Water Management and Watershed Development –
   • (i) Assisting the Government and Zila Parishad in the construction and

maintenance of minor irrigation works;

1. (ii) Implementation of schemes for community and individual irrigation.

1. (5) Poverty Alleviation Programmes – Planning and Implementation of

poverty alleviation programmes and schemes.

1. (6) Animal Husbandry, Dairy and Poultry-
   • (i) Maintenance of veterinary and animal husbandry services;
   • (ii) Improvement of breed of cattle, poultry and other livestock;
   • (iii) Promotion of dairy farming, poultry and piggery;
   • (i) Prevention of epidemics and contagious diseases.
2. (7) Fisheries – Promotion of fisheries development.
3. (8) Khadi, Village and Cottage Industries –
   • (i) Promotion of rural cottage industries;
   • (ii) Organisation of conferences, seminars and training programmes, agricultural and industrial exhibitions.
4. (9) Rural Housing – Implementation of housing schemes and distribution of house sites.
5. (10) Drinking Water -
   • (i) Establishment, repairs and maintenance of rural water supply schemes;
   • (ii) Prevention and control of water pollution;
   • (iii) Implementation of rural sanitation schemes.
6. (11) Social and Farm Forestry, Minor Forest Produce, Fuel and Fodder –
   • (i) Planting and preservation of trees on the sides of roads and other public lands under its control;
   • (ii) Fuel plantation and fodder development;
   • (iii) Promotion of farm forestry.
7. (12) Roads, Buildings, Bridges, Ferries, Waterways and other means of communication-
   • (i) Construction and maintenance of public roads, drains, culverts and other

means of communications which are not under the control of any other local authority or the Government;

1. (ii) Maintenance of any building or other property vested in the Panchayat Samiti;
2. (iii) Maintenance of boats, ferries and waterways.

1. (13) Non-Conventional Energy Sources- Promotion and development of non- conventional energy sources.
2. (14) Education, including Primary and Secondary Schools-
   • (i) Promotion of Primary and secondary Education;
   • (ii) Construction, repair and maintenance of primary school buildings.
3. (15) Technical Training and Vocational Education- Promotion of rural artisan and technical and vocational training.
4. (16) Adult and Non-formal education-Implementation of mass literacy.
5. (17) Cultural Activities- Promotion of social, cultural and sports activities.
6. (18) Market and fairs- Regulation of fairs and festivals.
7. (19) Health and Family Welfare –
   • (i) Promotion of health and family welfare programmes;
   • (ii) Promotion of immunization and vaccination programmes;
   • (iii) Health and sanitation at fairs and festivals.
8. (20) Women and Child Development-
   • (i) Promotion of programmes relating to development of women and children;
   • (ii) Promotion of health and nutrition programmes in the schools;
   • (iii) Promotion of participation of voluntary organizations in women and child development programmes.
9. (21) Social Welfare including welfare of the physically and mentally challenged -
   • (i) Social welfare programmes including welfare of physically and mentally challenged and destitutes;
   • (ii) Monitoring the old age and widows’ pensions and pensions for the

physically and mentally challenged.

1. (22) Welfare of the weaker sections and in particular of the Scheduled Castes and Scheduled Tribes-
   • (i) Promotion of welfare of Scheduled Castes, Scheduled Tribes and other weaker sections;
   • (ii) Protecting such castes and classes from social injustice and exploitation.
2. (23) Maintenance of Community assests-
   • (i) Maintaining all community assets vested in it or transferred by the

Government or any local authority or organization;

1. (ii) Preservation and maintenance of other community assets.

1. (24) Public Distribution System – Distribution of essential commodities.
2. (25) Rural Electrification- Promotion of rural electrification.
3. (26) Co-operation- Promotion of co-operative activities.
4. (27) Libraries – Promotion of libraries
5. (28) Such other functions as may be entrusted.

1. (1) The Government may assign to a Panchayat Samiti functions in relation to any matters to which the executive authority of the Government extends or the functions which have been assigned to State Government by the Central Government.
2. (2) The Government may, by notification, withdraw or modify the functions assigned under this section.

1. (i) The Panchayat Samiti shall have power to do all acts necessary for or incidental to the carrying out of the functions entrusted or delegated to it and in particular and without prejudice to the foregoing powers to exercise all powers specified under this Act.
2. (ii) The Panchayat Samiti may by notification delegate to the

Standing Committees-

1. (1) A Panchayat Samiti shall constitute the following committees by election from among its members for effective discharge of its functions :
   • (i) General Standing Committee
   • (ii) Finance, Audit & Planning Committee
   • (iii) Production Committee
   • (iv) Social Justice Committee
   • (v) Education Committee
   • (vi) Committee on Public Health, Family Welfare & Rural Sanitation
   • (vii) Public Works Committee
2. (2) Each committee shall consist of not less than three and not more

than five members including the chairman from among the elected members.

Each committee can co-opt not more than two members from among experts or public spirited persons for effective discharge of its responsibilities.

1. (3) The Pramukh shall be the ex-officio member and chairman of the General standing committee and the Finance, Audit & Planning committee and shall nominate a chairman for each of the other committees. The Up Pramukh shall be the chairman of the Social Justice committee. The Pramukh shall not hold charge of chairman of more than three committees including the two as abovementioned : Provided that each committee shall have at least one woman member and further, social justice committee shall have a member belonging to the Scheduled Castes or Scheduled Tribes.
2. (4) As far as possible, no elected member of the Panchayat Samiti shall serve on more than three committees.
3. (5) The Executive Officer shall be the ex-officio secretary of the General Standing Committee and Finance, Audit & Planning Committee. For other standing committees, the District Magistrate or any other officer authorised by him in this behalf shall nominate an officer who may be ordinarily in charge of the concerned department at the block level to function as secretary.
4. (6) The standing committees shall perform the functions, as referred to in

Functions of the Standing Committees -

1. (1) The General Standing Committee shall perform general functions relating to Panchayat Samiti including co-ordination of the works of other committees and all residuary functions not under the charge of other committees.
2. (2) Finance, Audit & Planning Committee shall perform functions relating to finance, audit, budget & planning.
3. (3) Production Committee shall perform functions relating to agriculture, land improvement, minor irrigation & water management, animal husbandry, dairy, poultry& fisheries, forestry-related areas, khadi, village & cottage industries and poverty alleviation programmes.
4. (4) Social Justice Committee shall perform functions relating to -
   • (a) Promotion of educational, economic, social, cultural and other interests of Scheduled Castes, Scheduled Tribes and other weaker section,
   • (b) Protection of such castes and classes from social injustice and all forms of exploitation and
   • (c) welfare of women and children
5. (5) Education Committee shall perform functions relating to education, including primary, secondary and mass education, libraries and cultural activities
6. (6) Committee on Public Health, Family Welfare & Rural Sanitation shall perform functions relating to public health, family welfare and rural sanitation
7. (7) Public Works Committee shall perform functions relating to all kinds of constructions and maintenance including rural housing, sources of water supply, roads & other means of communication, rural electrification and related works.

1. (1) The Panchayat Samiti may frame regulations relating to election of members of committees, conduct of business therein and all other matters relating to them.
2. (2) The Chairman of every Committee shall in respect of the work of the Committee be entitled to call for any information, return, statement, account or report from the office of the Panchayat samiti and to enter on and inspect any immovable property of the Panchayat Samiti or work in progress connected with the work of the Committee.
3. (3) Each committee shall be entitled to require attendance at its meeting of any officer of the Panchayat Samiti who is connected with the work of the Committee. The Secretary shall under instruction of the Committee issue notices and secure the attendance of the officer.

Samiti shall have the power to acquire, hold and dispose of property and to enter into contracts : Provided that in all cases of disposal of immovable property, the Panchayat Samiti shall obtain the prior approval of the Government.

1. (2) All roads, buildings or other works constructed by a Panchayat Samiti with its own funds shall vest in it.
2. (3) The State Government may allocate to a Panchayat Samiti any public property situated within its jurisdiction and thereupon such property shall come under the control of the Panchayat Samiti.
3. (4) Where a Panchayat Samiti requires land to carry out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement, it may make an application to the District Magistrate for the acquisition of the land, who may, if he is satisfied that the land is required for a public purpose, take steps to acquire the land under the provisions of the Land Acquisition Act, 1894 (Act 1, 1894) and such land shall, on acquisition, vest in the Panchayat Samiti.

(1) For every Panchayat Samiti there shall be constituted a Panchayat Samiti Fund, bearing the name of the Panchayat Samiti and the same shall be placed to the credit thereof- (a) contributions and grants, if any, made by the Central or the State Government including such part of the land revenue collected in the State as may be determined by the Government; (b) contributions and grants, if any, made by the Zila Parishad or any other local authority; (c) loans, if any, granted by the Central or the State Government or raised by the Panchayat Samiti on security of its assets; (d) all receipts on account of tolls, 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 control and management of the Panchayat Samiti; (f) all sums received as gift or contributions and all income from any trust or endowment made in favour of the Panchayat Samiti; (g) such fines or penalties imposed and realized under the provisions of this Act or of the bye-laws made thereunder, as may be prescribed; and (h) all other sums received by or on behalf of the Panchayat Samiti. (2) Every Panchayat Samiti shall set apart and apply annually such sums as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees. (3) Every Panchayat Samiti shall have power to spend sums as it thinks fit for fulfilling the purposes of this Act. (4) The 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 the Government may, from time to time, direct. (5) Subject to such general control as the Panchayat Samiti may exercise from time to time, all orders and cheques for payments from the

1. (a) contributions and grants, if any, made by the Central or the State Government including such part of the land revenue collected in the State as may be determined by the Government;
2. (b) contributions and grants, if any, made by the Zila Parishad or any other local authority;
3. (c) loans, if any, granted by the Central or the State Government or raised

by the Panchayat Samiti on security of its assets;

1. (d) all receipts on account of tolls, rates and fees levied by it;
2. (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;
3. (f) all sums received as gift or contributions and all income from any trust or endowment made in favour of the Panchayat Samiti;
4. (g) such fines or penalties imposed and realized under the provisions of

this Act or of the bye-laws made thereunder, as may be prescribed;

and

1. (h) all other sums received by or on behalf of the Panchayat Samiti.

1. (2) Every Panchayat Samiti shall set apart and apply annually such

sums as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees.

1. (3) Every Panchayat Samiti shall have power to spend sums as it thinks fit for fulfilling the purposes of this Act.
2. (4) The 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 the Government may, from time to time, direct.
3. (5) Subject to such general control as the Panchayat Samiti may exercise from time to time, all orders and cheques for payments from the

Taxation –

1. (1) Subject to such rules and the maximum rates as the Government may prescribe, a Panchayat Samiti may-
   • (a) levy tolls in respect of any ferry established by it or under its management;
   • (b) levy the following fees and rates, namely-
     • (i) fee on the registration of vehicles, which are not registered under

any other law for the time being in force;

1. (ii) a fee for providing sanitary arrangements at such places of

1. (iii) a fee for license for a haat or market;
2. (iv) a water rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by or on behalf of the Panchayat

Samiti within its jurisdiction;

1. (v) a lighting rate, where arrangement for lighting of public streets and places is made by or on behalf of the Panchayat Samiti within its jurisdiction.

1. (2) The Panchayat Samiti shall not undertake registration of vehicle or levy fee there for and shall not provide sanitary arrangements at places of pilgrimage, haats and melas within its jurisdiction or levy fee there for, if any such vehicle has already been registered by any other authority under any law for the time being in force or if such provisions for sanitary arrangement have already been made by any other local authority.
2. (3) The scale of fees or rates and the terms and conditions for the imposition thereof shall be such as may be provided under by bye-laws.
3. (4) Such bye-laws may provide for exemption from all or any of the fees or rates in any class of cases.

(1) A Panchayat Samiti may subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force raise from time to time with the approval of the State Government, loans for the purposes of this Act and create a sinking fund for the repayment of such loans. (2) A Panchayat Samiti may borrow money from the Government or, with the previous sanction of the Government from banks or other financial institutions for furtherance of its objective on the basis of specific schemes as may be drawn up by the Panchayat Samiti for the purpose.

1. (2) A Panchayat Samiti may borrow money from the Government or, with the previous sanction of the Government from banks or other financial institutions for furtherance of its objective on the basis of specific schemes as may be drawn up by the Panchayat Samiti for the purpose.

time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year and shall get it approved in its meeting by a majority of members present and for which the quorum shall be not less than fifty percent of its total number of members.

may be prescribed.

(1) The audit of the accounts of the Panchayat Samiti shall be carried out by the authority as may be prescribed by the Government and a copy of the audit report shall be forwarded to the Panchayat Samiti within one month of the completion of the audit. (2) On receipt of the audit report referred to in sub-section (1) the Panchayat Samiti shall either remedy any defects or irregularities which have been pointed out in the audit and send an intimation to the prescribed authority within three months of the action taken or to be taken and furnish any further explanation to the prescribed authority in regard to such defects or irregularities as it may wish to give. (3) Apart from audit conducted by the prescribed authority mentioned in sub-section (1) above, concurrent audit or special audit of a Panchayat

1. (2) On receipt of the audit report referred to in sub-section (1) the

Panchayat Samiti shall either remedy any defects or irregularities which have been pointed out in the audit and send an intimation to the prescribed authority within three months of the action taken or to be taken and furnish any further explanation to the prescribed authority in regard to such defects or irregularities as it may wish to give.

1. (3) Apart from audit conducted by the prescribed authority mentioned in sub-section (1) above, concurrent audit or special audit of a Panchayat

Staff of Panchayat Samiti – (1) The Government shall appoint an officer not below the rank of a Deputy Collector to be the Executive Officer of the Panchayat Samiti.

1. (2) The Government may post from time to time such number of officers and staff of the State Government to serve under the Panchayat Samiti as the Government may consider necessary.
2. (3) Subject to such rules as may be made by the State Government in this behalf, a Panchayat Samiti may from time to time engage such number of paid or honorary functionaries or professionals as may be required by it for carrying out its functions.

Save as otherwise expressly provided by or under this Act the Executive Officer shall-

1. (a) exercise all the powers specifically imposed or conferred upon him by or under this Act or under any other law or rules for the time being in force;
2. (b) lay down the duties of, supervise and control the officers and staff holding office under the Panchayat Samiti in accordance with rules made by the Government;
3. (c) supervise and control the execution of all works of the Panchayat Samiti;
4. (d) take necessary measures for the speedy execution of all works and developmental schemes of the Panchayat Samiti;
5. (e) have custody of all papers and documents connected with the

proceedings of the meeting of the Panchayat Samiti and its committees ;

1. (f) draw and disburse money out of the Panchayat Samiti Fund ;and
2. (g) exercise such other powers and discharge such other functions as may be prescribed.

1. (2) The Executive officer shall attend every meeting of the Panchayat Samiti and shall have the right to attend the meeting of Committees thereof and to take part in the discussion but shall not have the right to move any resolution or to vote. If in the opinion of the Executive Officer any proposal before the Panchayat Samiti is violative of or inconsistent with the provisions of this Act or any other law, rule or order made thereunder, it shall be his duty to bring the same to the notice of the Panchayat Samiti. Chapter – V ZILA PARISHAD

1. (1) For every district there shall be a Zila Parishad having jurisdiction, save

as otherwise provided in this Act, over the entire district excluding such portion of the district as are included in or under the authority of a Municipality or Cantonment Board constituted under any law for the time being in force.

1. (2) Every Zila Parishad shall be a body corporate by the name of its Zila Parishad, shall have perpetual succession and a common seal and, subject to such restrictions as are imposed by or under this Act or any other enactment, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property movable or immovable, whether without or within the limits of the area over which it has authority of entering into contracts and of doing all things necessary, proper or expedient for the purpose for which it is constituted. 63.Composition of Zila Parishad -(1) The Zila Parishad shall consist of-
   • (a) the members directly elected from territorial constituencies in the district as determined under this Act;
   • (b) the Pramukhs of all Panchayat Samitis in the District;
   • (c) such members of the Lok Sabha and the members of the State Legislative Assembly who represent any part which falls wholly or partly within the district and whose constituency falls within the district;
   • (d) the members of the Rajya Sabha and the members of the State Legislative Council who are registered as electors within the district.
2. (2) Every member of the Zila Parishad shall have the right to vote in its meeting, but in case of election and removal of Adhaksha and Up-

Elected Members-

1. (1) The District Magistrate may, by notification in the District Gazette, determine the number of directly elected members from Zila Parishad’s territorial constituencies, keeping in view the overall population of the district, at a rate of one member, as nearly as possible for every fifty thousand population.
2. (2) For the convenience of election the District Magistrate shall in accordance with such rules as may be prescribed in this behalf by the State Government divide the area of the Zila Parishad under the

direction, control and supervision of the State Election Commission into territorial constituencies in such manner that the population of each territorial constituency, so far as practicable, be the same throughout the Zila Parishad area.

1. (3) One member from each territorial constituency shall be elected through direct election in the manner prescribed.

exceeding fifty percent of the total seats of the member of Zila Parishad shall be reserved for

1. (a) Scheduled Castes;
2. (b) Scheduled Tribes; and
3. (c) Backward Classes.

The number of seats so reserved for Scheduled Castes and Scheduled

Tribes shall bear as nearly as may be, the same proportion to the total number of seats to be filled up by direct election in that Zila Parishad as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Zila Parishad by the District Magistrate under the direction, control and supervision of the State Election Commission in the prescribed manner. After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining constituencies by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different constituencies in a Zila Parishad by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

1. (2) As nearly as but not exceeding fifty percent of the total number of seats reserved under Sub-section (1) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.
2. (3) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.
3. (4) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different constituencies in a Zila Parishad in such manner as may be prescribed by it. Explanation - For the removal of doubts it is hereby declared that the principle of rotation for the purposes of reservation of offices for the Scheduled Castes and Scheduled Tribes under this sub-section shall commence from the first election held after the commencement of the

Duration of Zila Parishad -

1. (1) Every Zila Parishad, save as otherwise provided in this Act, shall continue for a term of five years from the date appointed for its first meeting and no longer.
2. (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Zila Parishad which is functioning immediately before such amendment till the expiration of its duration as specified in sub-section(1)
3. (3) An election to constitute a Zila Parishad shall be completed in the following manner;-
   • (a) before the expiry of its duration specified in sub-section(1);
   • (b) in case of dissolution before the expiration of period of six months from the date of such dissolution; Provided that where the remainder of the period for which the dissolved Zila Parishad would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Zila Parishad for such period.
4. (4) A Zila Parishad constituted upon the dissolution of a Zila Parishad and before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved Zila Parishad would have continued under sub section (1), had it not been so dissolved.

1. (1) Under the supervision, control and direction of the State Election Commission, the elected members of the Zila Parishad referred to in clause (a) of sub-section (1) of section 63, as soon as may be, elect two members from amongst them to be respectively Adhayaksha and Up-Adhayaksha thereof, and if casual vacancy is caused in the office of Adhayaksha or Up-Adhayaksha, they shall elect another member from amongst them to be Adhayaksha or Up-Adhayaksha as the case may be :
2. (2) Reservation of seats - (i) For the post of Adhayaksha, as nearly as but not exceeding fifty percent of the total seats of Adhayaksha in the State shall be reserved for
   • (a) Scheduled Castes;
   • (b) Scheduled Tribes; and
   • (c) Backward Classes. Within the State, seats shall be reserved for Scheduled

Castes and Scheduled Tribes for the posts of Adhayaksha and the number of seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of Adhayaksha within the State as the population of the Scheduled Castes/Scheduled Tribes bears to the proportion of the total population of the State and such seats shall be allotted by rotation to different Zila Parishads by the State Election Commission in the prescribed manner. After reservation of seats of Adhyaksha for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining Zila Parishads by the State Election Commission in the prescribed manner. Such seats shall be allotted by rotation to different Zila Parishads in the State by the State Election

Commission in subsequent elections in the manner prescribed by it.

1. (ii) As nearly as but not exceeding fifty percent of the total number of seats of Adhayaksha so reserved under Sub-section (i) shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes and Backward Classes as the case may be.
2. (iii) As nearly as but not exceeding fifty percent of the total number of seats of Adhayaksha not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.
3. (iv) Such total number of seats of Adhayaksha reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be alloted by rotation by the State Election Commission to different Zila Parishads in the State in the manner as may be prescribed by it.

Explanation -

For the removal of doubts it is hereby declared that the principle of rotation for the purposes of reservation of offices for the Scheduled Castes and Scheduled Tribes under this sub-section shall commence from the first election held after the commencement of the Bihar Panchayat Raj Act, 1993.

1. (3) The term of office of Adhyaksha and Up-Adhyaksha of a Zila Parishad

shall, save as otherwise provided in this Act, cease on the expiry of his term of office as a member of the Zila Parishad.

1. (4) The election of the Adhayaksha or the Up-Adhayaksha of Zila Parishad and filling up of vacancies in the said offices and determination of disputes relating to such election shall be in accordance with such rules or procedures as may be prescribed by the State Election Commission.

The Adhyaksha, Upadhyaksha and every member of the Zila Parishad shall be entitled to receive such sitting fee and allowances as may be prescribed.

1. (1) The Adhyaksha shall-
   • (a) Convene and preside over and conduct meeting of Zila Parishad;
   • (b) Exercise supervision and control over the Chief Executive Officer and through him all officers and other employees of the Zila Parishad and the officers and employees whose services may be placed at the disposal of the Zila Parishad by the State Government.
   • (c) Exercise such other powers, perform such other functions and discharge such other duties as the Zila Parishad may by general resolution direct or as the Government may by its rules made in this behalf prescribe;
   • (d) Exercise overall supervision over the financial and executive administration of the Zila Parishad and place before the Zila Parishad all question connected therewith which shall appear to him to require its orders and for this purpose may call for records of the Zila Parishad; and
   • (e) Have power to accord sanction up to a total sum of rupees one Lakh in a year for the purpose of providing immediate relief to those who are affected by natural calamities in the district : Provided that the Adhaksha shall place at the next meeting of the Zila Parishad for its ratification the details of such sanctions.
2. (2) The Up-adhyaksha shall- In the absence of Adhyaksha of the Zila Parishad preside over the meetings of the Zila Parishad; Exercise such powers and perform such duties of the Adhyaksha as the Adhyaksha may from time to time, and subject to the rules as may be prescribed, delegate to him by order in writing; and Pending the election of an Adhyaksha or during the absence of the Adhyaksha from the district or by reason of the Adhyaksha being on leave for a period exceeding fifteen days exercise the powers and perform the duties of the Adhyaksha : Provided that as soon as the Adhyaksha returns from absence, he will resume the exercise of all such powers and shall start performing all the functions and discharging all the duties of the Adhyaksha;

1. (1) The Adhyaksha may resign his office by writing under his hand addressed to the District Magistrate and the Up-adhyaksha may resign his office by writing under his hand addressed to the Adhyaksha.
2. (2) Every resignation under sub-section (1) shall take effect on the expiry of seven days from the date of such resignation, unless within the said period of seven days he withdraws such resignation by writing under his

hand addressed to the District Magistrate or the Adhyaksha, as the case may be.

1. (3) Adhyaksha or Up-adhyaksha shall vacate the office if he ceases to be a member of the Zila Parishad.
2. (4) (i) Adhayaksha and Up-Adhayaksha shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of the total number of directly elected members from territorial constituencies of the Zila Parishad at a meeting specially convened for the purpose. The requisition for such a special meeting shall be signed by not less than one fifth of the total number of directly elected members of the Zila

Parishad and shall be delivered to the Adhyaksha with a copy to the

District Magistrate. The Adhyaksha shall within seven days from the date of receipt of such requisition convene a special meeting of the Zila Parishad. The meeting shall be held on a day not later than fifteen days from the date of issue of the notice of the meeting. The meeting shall be presided over by the Adhyaksha if the motion is against the Up-adhayaksha; if it is against the Adhyaksha the Up- adhyaksha shall preside over the meeting and if it is against Adhyaksha and Upadhyaksha both then the District Magistrate shall preside over the meeting. In case of the post of Up-adhyaksha being vacant or his absence from the meeting convened for discussion on no confidence motion against the Adhyaksha or the post of Adhyaksha being vacant or his absence from the meeting convened for discussion on no confidence motion against the Up-adhyaksha, as the case may be, the meeting shall be presided over by any member elected from amongst the directly elected members from the territorial constituencies of the Zila Parishad present in the meeting. In case of failure to convene the meeting by the Adhyaksha, the District Magistrate shall convene the meeting in the same manner and the meeting shall be presided by him. No such meeting shall be postponed once the notice for the same has been issued. No quorum shall be required for the special meeting convened to discuss no confidence motion.

1. (ii) During the first two year period of the tenure, no confidence motion shall not be moved against the Adhyaksha or the Upadhyaksha.
2. (iii) No-confidence motion against the Adhyaksha or Upadhyaksha or

both, shall not be brought within six months of the expiry of the term of the Zila Parishad.

1. (iv) Such reasons/charges, on the basis of which no confidence motion is to be moved against the Adhyaksha or Upadhyaksha, shall be clearly mentioned in the notice of the meeting called to consider the no confidence motion.
2. (v) As soon as the meeting called under this section commences, the

presiding member at the meeting shall read out the motion on which the meeting has been called to consider, before the present members and declare it open for discussion. Any discussion on the motion under this section shall not be adjourned. (vi)During discussion, opportunity shall be given to the Adhyaksha or Upadhyaksha or both against whom no confidence motion is moved, for his defence before the Zila Parishad. The motion shall be put to vote on the same day after discussion which shall take place by secret ballot in the prescribed manner by the District Magistrate. (vii)If the motion of no confidence against the Adhyaksha or the Upadhyaksha or both is once rejected, no fresh motion of no confidence against the Adhyaksha or the Upadhyaksha or both, as the case may be shall be brought before the Zila Parishad within a period of one year from the date of rejection of such motion.

1. (5) Without prejudice to the provisions under this Act, if in opinion of the Commissioner having territorial jurisdiction over the Zila Parishad, a Adhyaksha or the Upadhyaksha of Zila Parishad absents himself without sufficient cause for more than three consecutive meetings or sittings or willfully omits or refuses to perform his duties and functions under this Act, or abuses the power vested in him or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties or is absconding being an accused in a criminal case for more than six months, the Commissioner may, after giving the Adhyaksha or the Upadhyaksha, as the case may be, a reasonable opportunity for explanation, by order, remove such Adhyaksha or the Upadhyaksha, as the case may be, from office. The Adhyaksha or Upadhyaksha so removed shall not be eligible for re-election as Adhyaksha or Up-adhyaksha during the remaining term of office of such Zila Parishad. Appeal shall lie before the Member, Board of Revenue against the order of the Commissioner.
2. (2) An Adhyaksha or Up-adhyaksha removed from the office under sub- section (1) may also be removed by the Government from the membership of the Zila Parishad. 71.Resignation of Members- An elected member of Zila Parishad may resign his membership in writing under his hand addressed to the Adhyaksha of the Zila Parishad and his seat shall become vacant on the expiry of seven clear days from the date of such resignation unless within the said period of seven days he withdraws such resignation by writing under his hand addressed to the Adhyaksha.

1. (1) The Zila Parishad shall hold its meetings at least once in every three months, at such time and at such place within the local limit of the district concerned as the Zila Parishad may fix at the immediately preceding meeting :

Provided, that the first meeting of a newly constituted Zila Parishad shall be held at such time and at such place within the local limits of the district concerned, as the District Magistrate may fix and shall be presided over by him; Provided further that the Adhyaksha when required in writing by one-fifth of the members of the Zila Parishad to call a meeting shall do so within ten days failing which the aforesaid members may call a meeting after giving intimation to the District Magistrate and seven clear days notice to the Adhyaksha and the other members of the Zila Parishad. (2)One-third of the total number of members of the Zila Parishad shall form a quorum for transacting the business at the meeting of the Zila Parishad.

1. (3) All questions coming before the Zila Parishad shall be decided by a majority of votes; in case of equality of votes the Adhyaksha or the member presiding shall have casting vote.
2. (4) Every meeting shall be presided over by the Adhyaksha or if he is absent, by the Up-adhyaksha and if both the Adhyaksha and Up- adhyaksha are absent or if the Adhyaksha is absent and there is no Up-adhyaksha, the members present shall elect one from among themselves to preside.
3. (5) No member of Zila Parishad shall vote on or take part in the discussion of any question coming up for consideration at a meeting of the Zila Parishad or any Committee if the question is one in which apart from its general application to the public he has any direct pecuniary or personal interest and if the person presiding has such an interest, he shall not preside over the meeting when such question comes up for consideration.
4. (6) If the person presiding is believed by any member present at the meeting to have any such pecuniary or personal interest in any matter under discussion and if a motion to that effect be carried, he shall not preside over at the meeting during such discussion or vote on or take part in it. Any member of the Zila Parishad may be chosen to preside at the meeting during the continuance of such discussion.
5. (7) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice convening such meeting or in the case of a special meeting in the written request for such meeting. A member may propose any resolution connected with or incidental to the subjects included in the list of business. The Adhyaksha may propose any urgent subject of a routine nature not included in the list of business if no member objects to it. No permission shall be given in the case of a motion or proposition to modify or cancel any resolution within three months after the passing thereof except in accordance with sub-section (9). The order in which any business or proposition shall be brought forward at such meeting shall be determined by presiding authority which in case it is proposed by any member to give particular proposition shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal.
6. (8) Any ordinary meeting may, with the consent of a majority of the members present, be adjourned from time to time, but no business shall be transacted at any adjourned meeting other than left undisposed at the meeting from which the adjournment took place.
7. (9) No resolution of Zila Parishad shall be modified or cancelled within six months after the passing thereof except by a resolution passed by not less than one-half of the total number of members at an ordinary or special meeting any notice whereof shall have been given fulfilling the requirement of sub-section (4) and setting forth fully resolution which it is proposed to modify fully or cancel at such meeting and motion or proposition for the modification or cancellation of such resolution.
8. (10) The proceedings of every meeting shall be recorded in the minutes book immediately after the deliberations of the meeting and shall after being read over by the presiding authority of the meeting be signed by him. The action taken on the decisions of Zila Parishad shall be reported at the next meeting of the Zila Parishad. The minutes book shall always be kept in the office of the Zila Parishad. The Chief Executive Officer shall be the custodian of the minute book.
9. (11) The Zila Parishad may require the presence of Government officers at its meetings. If it appears to a Zila Parishad that the attendance of any field officer having jurisdiction over an area of a district or part of a district and not working under the Zila Parishad is desirable at a meeting of the Zila Parishad, the Chief Executive Officer shall by a letter addressed to such officer not less than fifteen days before the intended meeting, request that officer to be present at the meeting and the officer shall, unless prevented by sickness or other reasonable cause, attend the meeting :

Provided that the officer on receipt of such letter may if he for any of the causes aforesaid is unable to be present at the meeting himself, instruct his deputy or other competent subordinate officer to represent him at the meeting. 73.Functions and powers of Zila Parishad- (1) Subject to such condition as may be prescribed by the Government from time to time, the Zila Parishad shall perform following functions –

1. Agriculture – (i) Promotion of measures to increase agricultural production and to popularize the use of improved agricultural practices;

1. (ii) Opening and maintenance of agricultural seed farms and commercial farms;
2. (iii) Establishment and maintenance of godowns;
3. (iv) Conducting agricultural fairs and exhibitions;
4. (v) Management of agricultural and horticultural extension training centres;
5. (vi) Training of farmers;
6. (vii) Land Improvement and Soil Conservation.

2. Irrigation, Ground water resources and Watershed Development-

1. (i) Construction, renovation and maintenance of minor irrigation works and lift irrigation;
2. (ii) Providing for timely and equitable distribution and full use of water under irrigation schemes under the control of the Zila Parishad;
3. (iii) Development of ground water resources;
4. (iv) Installation of community pump sets;
5. (v) Watershed development programme.

3. Horticulture –

1. (i) Rural parks and gardens;
2. (ii) Cultivation of fruits and vegetables;
3. (iii) Farms.

4. Statistics-

1. (i) Publication of statistical and other information relating to activities of

Panchayat Samiti and Zila Parishad;

1. (ii) Co-ordination and use of statistics and other information required for the activities of the Panchayat Samiti and Zila Parishad;
2. (iii) Periodical supervision and evaluation of projects and Programmes entrusted to the Panchayat Samiti and Zila Parishad.

1. (i) Soil conservation measures;
2. (ii) Land reclamation and land development works. 8. Marketing –
3. (i) Development of regulated markets and marketing yards;
4. (ii) Grading and quality control of agriculture products.

9. Social Forestry-

1. (i) Organise campaign for tree planting;
2. (ii) Planting and maintenance of trees.

10. Animal Husbandry and Dairy-

1. (i) Establishment of Veterinary Hospitals and Dispensaries;
2. (ii) Setting up of mobile diagnostic and clinic laboratories;
3. (iii) Breeding farms for cows and pigs;
4. (iv) Poultry farms, duck farms and goat farms;
5. (v) Common cold storage facility for dairy, poultry and marine products;
6. (vi) Fodder development programmes;
7. (vii) Promotion of dairy farming, poultry and piggery;
8. (viii) Prevention of epidemics and contagious diseases.

11. Minor Forest Produce, Fuel and Fodder-

1. (i) Promotion of social and farm forestry, fuel plantation and fodder development;
2. (ii) Management of minor forest produce of the forests raised in community lands;
3. (iii) Development of wasteland.

12. Fisheries –

1. (i) Fish seed production and distribution.
2. (ii) Development of pisciculture in private and community tanks;
3. (iii) Development of inland fisheries;
4. (iv) Fish curing and drying;
5. (v) Assistance to traditional fishing;
6. (vi) Organising fish marketing co-operatives;
7. (vii) Welfare schemes for the upliftment and development of fishermen.

13. Household and Small Scale Industries (including food processing) –

1. (i) Identification of traditional skills in the locality and developing household industries;
2. (ii) Assessment of raw material requirements so as to ensure its timely supply;
3. (iii) Design and production to suit the changing consumer demands;
4. (iv) Organisation of training programmes for craftsmen and artisans;
5. (v) Liaison to tap bank credit for this programme;
6. (vi) Population and marketing of finished products;
7. (vii) Industrial Estates;
8. (viii) Organising Khadi, Handloomm, Handicraft and Village and Cottage Industries.

14. Rural Roads and Inland Waterways –

1. (i) Construction and maintenance of roads other than National and State Highways.
2. (ii) Bridges and culverts coming under roads other than National and State Highways.
3. (iii) Construction and maintenance of office building of the Zila Parishad.
4. (iv) Identification of major link roads connecting markets, educational institutes, health centres and link roads;
5. (v) Organising voluntary surrender of lands for new roads and widening of existing roads.

15. Health and Hygiene-

1. (i) Establishment and maintenance of Hospitals, Primary Health Centres and Dispensaries except Medical college Hospitals, T.B. Sanitoriums, Leprosy and Mental Hospitals;
2. (ii) Implementation of immunization and vaccination programmes;
3. (iii) Health education activities;
4. (iv) Maternity and child health avtivities;
5. (v) Family welfare activities;
6. (vi) Organising health camps with Panchayat Samiti and Gram Panchayat;
7. (vii) Measures against environment pollution 16. Rural Housing-
8. (i) Identification of houseless families;
9. (ii) Implementation of house building programme in the district;
10. (iii) Popularising low cost housing.

17. Education-

1. (i) Promotion of educational activities including the establishment and maintenance of primary and secondary schools;
2. (ii) Organisation of programmes for mass education and library facilities;
3. (iii) Extension work for propagation of science and technology to rural areas;
4. (iv) Survey and evaluation of educational activities;
5. (v) Establishment and maintenance of general hostels, ashrams, schools and orphanages

18. Social Welfare and Welfare of the weaker Section-

1. (i) Extension of educational facilities to the Scheduled Castes, Scheduled Tribes and Backward Classes by giving scholarships, stipends, boarding grants and other grants for the purchase of books and other accessories;
2. (ii) Managing hostels for the benefit of Scheduled Castes and Scheduled Tribes.
3. (iii) Organising Nursery Schools, Balwadis, Night schools and libraries to eradicate illiteracy and impart general education;
4. (iv) Conduct of model welfare centers and craft centers to train Scheduled Castes and Scheduled Tribes in cottage and rural industries;
5. (v) Managing residential basic schools for Scheduled Castes and Scheduled Tribes;
6. (vi) Providing facilities for marketing of goods produced by members of the Scheduled Castes and the Scheduled Tribes.
7. (vii) Organising co-operative societies of Scheduled Castes and Scheduled Tribes.
8. (viii) Other welfare schemes for the upliftment and development of Scheduled Castes and Scheduled Tribes.

19. Poverty Alleviation programmes - Planning, Supervision,

Monitoring and Implementation of Poverty alleviation programmes.

20. Social Reform Activities-

1. (i) Women’s organization and welfare;
2. (ii) Children’s organization and welfare;
3. (iii) Local vagrancy relief;
4. (iv) Maintenance of social welfare institutions such as orphanages, rescue shelters, etc.;
5. (v) Sanctioning and distribution of pension for widows, old and physically disabled, destitutes and allowances for unemployed and couples of inter-caste marriages in which one party is a member of a Scheduled Caste or a Scheduled Tribe;
6. (vi) Control of fire outbreaks;
7. (vii) Campaign against superstition, casteism, untouchability, alcoholism, expensive marriages and social functions, dowry and conspicuous consumption;
8. (viii) Encouraging community marriages and inter-caste marriages;
9. (ix) Vigilance against economic offences such as smuggling, tax evasion, food adulteration;
10. (x) Assistance for developing lands assigned to landless labourers;
11. (xi) Resumption of land alienated by tribals.;
12. (xii) Identify, free and rehabilitate bonded labour;
13. (xiii) Organise cultural and recreational activities;
14. (xiv) Encouragement of sports and games and construction of rural stadia;
15. (xv) Give new form and social content to traditional festivals;
16. (xvi) Promotion of thrift and savings through:

1. (a) Promotion of saving habits;
2. (b) Small savings campaign; Fight against money lending practices and rural indebtedness

21. In addition, the Zila Parishad may-

1. (a) Manage or maintain any work of public utility or any institution vested in it or under its control and management;
2. (b) Acquire and maintain village haats and markets;
3. (c) Make grants to Panchayat Samiti or Gram Panchayat;
4. (d) Adopt measures for the relief of distress;
5. (e) Coordinate and integrate the development plans and schemes prepared by Panchayat Samitis in the district;
6. (f) Examine and sanction the budget estimates of Panchayat Samitis in the district;
7. (g) undertake or execute any scheme extending to more than one Block;
8. (h) Take over the maintenance and control of any Rural bridge, tank, ghat, well channel or drain, belonging to a private owner or any other authority on such term as may be agreed upon. 22. All such matters, as enumerated in the Eleventh Schedule of the Constitution of India and which are not mentioned anywhere under this Act.

23. The Zila Parishad may be vested by the State Government with such powers under any Act as the Government may deem fit. 24. The Zila Parishad of two or more adjacent districts may jointly undertake and execute any development scheme on such terms and

25. Preparation of annual budget of the Zila Parishad.

orders of the Government, the Zila Parishad may –

1. (a) incur expenditure on education or medical relief outside its jurisdiction;
2. (b) provide for carrying out any work or measures likely to promote health, safety, education, comfort, convenience or social or
3. (c) contribute to Association of All India, State or Inter-State level concerned with the promotion of Local Self Government and to exhibitions, seminars and conferences within the district related to the activities of Panchayat Samiti and Zila Parishad; and
4. (d) render financial or other assistance to any person or body for carrying on in the district any activity which is related to any of the functions of the State.

1. (2) The Zila Parishad shall have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted or delegated to it and in particular, and without prejudice to the foregoing powers to exercise all powers specified under this Act.

Parishad, functions in relation to any matters to which the executive authority of the Government extends or in respect of functions which have been assigned to the State Government by the Central Government;

1. (ii) The Government may by notification withdraw or modify the functions assigned under this section.

The Zila Parishad may, by notification delegate to the Chief Executive Officer or other officer any of the powers conferred by or under this Act on the Zila Parishad.

(1)The Zila Parishad shall constitute the following committees by election for effective discharge of its functions : (i) General Standing Committee (ii) Finance, Audit & Planning Committee (iii) Production Committee (iv) Social Justice Committee (v) Education Committee (vi) Committee on Public Health, Family Welfare & Rural Sanitation (vii) Public Works Committee (2) Each committee shall consist of not less than three and not more than five members including the chairman from among the elected members. Each committee can co-opt not more than two members from among experts or public spirited persons for effective discharge of its responsibilities. (3) The Adhyaksha shall be the ex-officio member and chairman of General Standing Committee and Finance, Audit & Planning Committee and shall nominate a Chairman for each of the other committees. The Adhyaksha shall not hold charge of chairman for more than three committees including the two as abovementioned. Provided that each committee shall have at least one woman member and further, Social Justice Committee shall have a member belonging to the Scheduled Caste or Scheduled Tribes. (4) As far as possible, no elected member of the Zila Parishad shall serve on more than three committees. (5) The Chief Executive Officer shall be the ex-officio secretary of the General Standing Committee and the Finance, Audit & Planning Committee. For each of the other standing committees the District Magistrate shall nominate a gazetted officer who may be ordinarily in charge of the concerned department at the district level function as secretary.

1. (i) General Standing Committee
2. (ii) Finance, Audit & Planning Committee
3. (iii) Production Committee
4. (iv) Social Justice Committee
5. (v) Education Committee
6. (vi) Committee on Public Health, Family Welfare & Rural Sanitation
7. (vii) Public Works Committee

1. (2) Each committee shall consist of not less than three and not more than five members including the chairman from among the elected members. Each committee can co-opt not more than two members from among experts or public spirited persons for effective discharge of its responsibilities.
2. (3) The Adhyaksha shall be the ex-officio member and chairman of General Standing Committee and Finance, Audit & Planning Committee and shall nominate a Chairman for each of the other committees. The Adhyaksha shall not hold charge of chairman for more than three committees including the two as abovementioned. Provided that each committee shall have at least one woman member and further, Social Justice Committee shall have a member belonging to the Scheduled Caste or Scheduled Tribes.
3. (4) As far as possible, no elected member of the Zila Parishad shall serve on more than three committees.
4. (5) The Chief Executive Officer shall be the ex-officio secretary of the General Standing Committee and the Finance, Audit & Planning Committee. For each of the other standing committees the District Magistrate shall nominate a gazetted officer who may be ordinarily in charge of the concerned department at the district level function as secretary.

1. (1) The General Standing Committee shall perform general functions relating to Zila Parishad including establishment matters, co- ordination and all residuary functions not under the charge of other committees.
2. (2) Finance, Audit & Planning Committee shall perform functions relating to finance, audit, budget & planning.
3. (3) Production Committee shall perform functions relating to agriculture, land improvement, minor irrigation & water management, animal husbandry, dairy, poultry & fisheries, forestry-related areas, khadi, village & cottage industries and poverty alleviation programmes.
4. (4) Social Justice Committee shall perform functions relating to a. Promotion of educational, economic, social, cultural and other interests of Scheduled Castes, Scheduled Tribes and other weaker classes,

b. Protection of such castes and classes from social injustice and all forms of exploitation and c. welfare of women and children

1. (5) Education Committee shall perform functions relating to education, including primary, secondary, mass and non-formal education, libraries and cultural activities.
2. (6) Committee on Public Health, Family Welfare & Rural Sanitation shall perform functions relating to public health, family welfare and rural sanitation.
3. (7) Public Works Committee shall perform functions relating to all kinds of constructions and maintenance including rural housing, sources of water supply, roads & other means of communication, rural electrification and related works.

(1) The Zila Parishad may frame regulations relating to election of members of Committees, conduct of business therein, and all other matters relating to them. (2) The Chairman of every Committee shall in respect of the work of that Committee be entitled to call for any information, return, statement or report from the officer of the Zila Parishad and to enter on and inspect any movable property of the Zila Parishad or any work in progress concerning the Committee. (3) Every Committee shall be entitled to require attendance at its meetings any officer of the Zila Parishad who is connected with the work of the Committee. The Chief Executive Officer shall under instruction of the Committee, issue notices and secure the attendance of the Officer.

1. (2) The Chairman of every Committee shall in respect of the work of that Committee be entitled to call for any information, return, statement or report from the officer of the Zila Parishad and to enter on and inspect any movable property of the Zila Parishad or any work in progress concerning the Committee.
2. (3) Every Committee shall be entitled to require attendance at its meetings any officer of the Zila Parishad who is connected with the work of the Committee. The Chief Executive Officer shall under instruction of the Committee, issue notices and secure the attendance of the Officer.

(1) A Zila Parishad shall have the power to acquire, hold and dispose of property and to enter into contracts: Provided that in all cases of disposal of immovable property, the Zila Parishad shall obtain the previous approval of the Government. (2) All roads, buildings or other works constructed by a Zila Parishad with its own funds shall vest in it. (3) The Government may allocate to a Zila Parishad any public property situated within its jurisdiction and thereupon, such property shall vest in and come under the control of the Zila Parishad. (4) Where a Zila Parishad requires land to carry out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement, it may make an application to the District Magistrate for the acquisition of the land and the District Magistrate may, if he is satisfied that the land is required for a public purpose, take steps to acquire the land under the provisions of the Land Acquisition Act. 1894 (1 of 1894) and such land shall, on acquisition, vest in the Zila Parishad.

1. (2) All roads, buildings or other works constructed by a Zila Parishad with its own funds shall vest in it.
2. (3) The Government may allocate to a Zila Parishad any public property situated within its jurisdiction and thereupon, such property shall vest in and come under the control of the Zila Parishad.
3. (4) Where a Zila Parishad requires land to carry out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement, it may make an application to the District Magistrate for the acquisition of the land and

the District Magistrate may, if he is satisfied that the land is required for a public purpose, take steps to acquire the land under the provisions of the Land Acquisition Act. 1894 (1 of 1894) and such land shall, on acquisition, vest in the Zila Parishad.

(1) For every Zila Parishad there shall be constituted a Zila Parishad Fund bearing the name of the Zila Parishad and the following shall be placed to it the credit thereof- (a) contributions and grants, if any made by the Central or the State Government including such part of land revenue collected in the State as may be determined by the Government; (b) contributions and grants, if any made by a Panchayat Samiti or any other local authority; (c) Loans if any, granted by the Central or State Government or raised by the Zila Parishad on security of its assets; (d) Share in the proceeds of road cess levied in the district; (e) all receipts on account of rates and fees levied by the Zila Parishad; (f) all receipts in respect of any school, hospital, dispensaries, buildings, institutions or works, vested in, constructed by or placed under the control and management of the Zila Parishad; (g) all sums received as gift or contribution and all income from any trust or endowment made in favour of Zila Parishad; (h) such fines or penalties imposed and realized under the provisions of this Act or the bye-laws made thereunder, as may be prescribed. (i) all other sums received by or on behalf of the Zila Parishad. (2) Every Zila Parishad shall set apart and apply annually such sum as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees. (3) Every Zila Parishad shall have the power to spend such sums as it thinks fit for carrying out the purposes of this Act. (4) The Zila Parishad Fund shall be vested in the Zila Parishad and the amount standing to the credit of the fund shall be kept in such custody or invested in such manner as the State Government may, from time to time, direct.

1. (a) contributions and grants, if any made by the Central or the State Government including such part of land revenue collected in the State as may be determined by the Government;
2. (b) contributions and grants, if any made by a Panchayat Samiti or any other local authority;
3. (c) Loans if any, granted by the Central or State Government or raised by the Zila Parishad on security of its assets;
4. (d) Share in the proceeds of road cess levied in the district;
5. (e) all receipts on account of rates and fees levied by the Zila Parishad;
6. (f) all receipts in respect of any school, hospital, dispensaries, buildings, institutions or works, vested in, constructed by or placed under the control and management of the Zila Parishad;
7. (g) all sums received as gift or contribution and all income from any trust or endowment made in favour of Zila Parishad;
8. (h) such fines or penalties imposed and realized under the provisions of this Act or the bye-laws made thereunder, as may be prescribed.
   • (i) all other sums received by or on behalf of the Zila Parishad.

1. (2) Every Zila Parishad shall set apart and apply annually such sum as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees.
2. (3) Every Zila Parishad shall have the power to spend such sums as it thinks fit for carrying out the purposes of this Act.
3. (4) The Zila Parishad Fund shall be vested in the Zila Parishad and the amount standing to the credit of the fund shall be kept in such custody or invested in such manner as the State Government may, from time to time, direct.

prescribe a Zila Parishad may-

1. (a) levy tolls in respect of any ferry established by it or under its management.
2. (b) levy the following fees and rates, namely-
   • (i) fees on the registration of boats or vehicles;
   • (ii) a fee for providing sanitary arrangements at such places of pilgrimage, fairs and melas within its jurisdiction as may be specified by the Government by notification;
   • (iii) a fee for licence for fair or mela;
   • (iv) a lighting rate where arrangement for lighting of public streets and places is made by the Zila Parishad within its jurisdiction; and.
   • (v) Water rate where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Zila Parishad within its jurisdiction.

1. (2) The Zila Parishad, within its jurisdiction, shall not levy fee on such vehicles which have already been registered by any other authority under any law for the time being in force, or at the places of pilgrimage, melas etc. if provisions for sanitary arrangement has already been made by any other local authority.
2. (3) The fees or rates and the terms and conditions for the imposition thereof shall be such as may be provided by bye-laws. Such bye-laws

may provide for exemption from all or any of the tolls, fees or rates in any class of cases.

(1) A Zila Parishad may, subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force, raise from time to time , with the approval of the State Government, loans for the purposes of the Act and create a sinking fund for the repayment of loans. (2) Notwithstanding anything contained in this Act, a Zila Parishad may borrow money from the Government or, with the previous sanction of the Government from banks or other financial institutions, for furtherance of its objective on the basis of specific schemes as may be drawn up by the Zila Parishad for the purpose.

1. (2) Notwithstanding anything contained in this Act, a Zila Parishad may borrow money from the Government or, with the previous sanction of the Government from banks or other financial institutions, for furtherance of its objective on the basis of specific schemes as may be drawn up by the Zila Parishad for the purpose.

Every Zila Parishad shall at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year and the same will be passed by the majority of members present in the meeting and quorum for such meeting shall not be less than fifty percent of the total number of members.

for such meeting shall not be less than fifty percent of the total number of members.

Zila Parishad shall keep its accounts in such manner as may be prescribed.

(1) The audit of the accounts of the Zila Parishad shall be carried out by the authority as may be prescribed by the Government and a copy of the audit note shall be forwarded to the Zila Parishad within one month of the completion of the audit. (2) On receipt of the audit report referred to in sub section (1), the Zila Parishad shall either remedy any defects or irregularities which have been pointed out in the audit and send to the Government within three months an intimation of its having done so or shall, within the said period, supply any further explanation to the prescribed authority in regard to such defects or irregularities as it may wish to give. (3) Apart from audit conducted by the prescribed authority mentioned in sub-section (1) above, concurrent audit or special audit of a Zila

1. (2) On receipt of the audit report referred to in sub section (1), the Zila

Parishad shall either remedy any defects or irregularities which have been pointed out in the audit and send to the Government within three months an intimation of its having done so or shall, within the said period, supply any further explanation to the prescribed authority in regard to such defects or irregularities as it may wish to give.

1. (3) Apart from audit conducted by the prescribed authority mentioned in sub-section (1) above, concurrent audit or special audit of a Zila

Staff of Zila Parishad - (1) An officer of the rank of the District Magistrate or such Additional District Magistrate, as may be specified by the State

Government, shall be the Chief Executive Officer of the Zila Parishad and who shall be appointed by the Government. The Government may appoint an Additional Chief Executive Officer for a Zila Parishad on such terms and conditions as may be prescribed.

1. (2) The Government shall, from time to time, post or depute in every Zila Parishad such number of officers and staff, as the Government considers necessary.
2. (3) Subject to such rules as may be made by the State Government in this behalf, a Zila Parishad may from time to time engage such number of paid or honorary functionaries or professionals as may be required by it for carrying out its functions.

(1) Save as otherwise expressly provided by or under this Act, the Chief Executive Officer shall:- (a) carry out the policies and directions of the Zila Parishad, and take necessary measures for the speedy execution of all works and development schemes of Zila Parishad; (b) discharge the duties imposed upon him by or under this Act or the rules and regulations made thereunder: (c) control the officers and servants of the Zila Parishad subject to the general superintendence and control of the Adhyaksha and such rules as may be prescribed; (d) have custody of all papers and documents relating to Zila Parishad; and (e) draw and disburse money of the Zila Parishad funds and exercise such other powers and perform such other functions as may be prescribed. (2) The Chief Executive Officer shall attend every meeting of the Zila Parishad and may take part in the discussion but shall not have the right to move any resolution or to vote. If in the opinion of the Chief Executive Officer any proposal before the Zila Parishad is violative of or inconsistent with the provision of this Act or any other law or the rules or order made thereunder, it shall be his duty to bring the same to the notice of the Zila Parishad. (3) The Chief Accounts Officer shall advise the Zila Parishad in matters of financial policy and shall be responsible for all matters relating to the accounts of the Zila Parishad including preparation of annual accounts and the budget. (4) The Chief Accounts Officer shall ensure that no expenditure is incurred except under proper sanction and in accordance with this Act and the rules and regulations thereunder and shall disallow any expenditure not warranted by the Act or rules and regulation or for which no provision is made in the budget. (5) The Additional Chief Executive Officer shall assist the Chief Executive Officer in the performance of his duties. (6) The Chief Planning Officer shall advise the Zila Parishad in matters of plan formulation and shall be responsible for all matters relating to planning of Zila Parishad including the preparation of plans of economic development and social justice and annual plan of the district.

1. (a) carry out the policies and directions of the Zila Parishad, and take necessary measures for the speedy execution of all works and development schemes of Zila Parishad;
2. (b) discharge the duties imposed upon him by or under this Act or the rules and regulations made thereunder:
3. (c) control the officers and servants of the Zila Parishad subject to the general superintendence and control of the Adhyaksha and such rules as may be prescribed;
4. (d) have custody of all papers and documents relating to Zila Parishad; and
5. (e) draw and disburse money of the Zila Parishad funds and exercise such other powers and perform such other functions as may be prescribed.

1. (2) The Chief Executive Officer shall attend every meeting of the Zila Parishad and may take part in the discussion but shall not have the right to move any resolution or to vote. If in the opinion of the Chief Executive Officer any proposal before the Zila Parishad is violative of or inconsistent with the provision of this Act or any other law or the rules or order made thereunder, it shall be his duty to bring the same to the notice of the Zila Parishad.
2. (3) The Chief Accounts Officer shall advise the Zila Parishad in matters of financial policy and shall be responsible for all matters relating to the accounts of the Zila Parishad including preparation of annual accounts and the budget.
3. (4) The Chief Accounts Officer shall ensure that no expenditure is incurred except under proper sanction and in accordance with this Act and the rules and regulations thereunder and shall disallow any expenditure not warranted by the Act or rules and regulation or for which no provision is made in the budget.
4. (5) The Additional Chief Executive Officer shall assist the Chief Executive Officer in the performance of his duties.
5. (6) The Chief Planning Officer shall advise the Zila Parishad in matters of plan formulation and shall be responsible for all matters relating to planning of Zila Parishad including the preparation of plans of economic development and social justice and annual plan of the district.

(1) Every person in possession of money, accounts, records or other property pertaining to a Gram Panchayat or Panchayat Samiti or Zila Parishad shall on the requisition in writing of the Chief Executive Officer for this purpose, forthwith hand over such money or deliver up such accounts, records or other property to the Chief Executive Officer or the person authorised in the requisition to receive the same. (2) The Chief Executive Officer may also take steps to recover any money due by such person in the same manner and for the recovery of the arrears of land revenue from defaulters and for the purpose of recovering the accounts, records or other property appertaining to the Gram Panchayat or Panchayat Samiti or Zila Parishad, may issue a search warrant and exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1973 (Act 2 of 1974). (3) Every person knowing where any money, accounts, records or other property appertaining to a Gram Panchayat or Panchayat Samiti or Zila Parishad are concealed, shall be bound to give information of the same to the Chief Executive Officer. (4) An appeal shall lie against the order of the Chief Executive Officer, under the section, to the Commissioner.

Chief Executive Officer for this purpose, forthwith hand over such money or deliver up such accounts, records or other property to the Chief Executive Officer or the person authorised in the requisition to receive the same.

1. (2) The Chief Executive Officer may also take steps to recover any money due by such person in the same manner and for the recovery of the arrears of land revenue from defaulters and for the purpose of recovering the accounts, records or other property appertaining to the Gram Panchayat or Panchayat Samiti or Zila Parishad, may issue a search warrant and exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1973 (Act 2 of 1974).
2. (3) Every person knowing where any money, accounts, records or other property appertaining to a Gram Panchayat or Panchayat Samiti or Zila Parishad are concealed, shall be bound to give information of the same to the Chief Executive Officer.
3. (4) An appeal shall lie against the order of the Chief Executive Officer, under the section, to the Commissioner.