Chapter X Chapter X

Inspection, Supervision, etc.

The Secretary to the Government in charge of Panchayat Raj Department in case of the Zilla Panchayat, and the Chief Executive Officer

125[and the Director, or any other Officer authorised by him in this behalf] in case of the Panchayat may,-

1. (a) inspect the offices or premises of or works taken up by any Zilla Panchayat, or Panchayat and for this purpose examine or cause to be examined the books of accounts, registers and other documents concerned and the Zilla Panchayat or Panchayat concerned shall comply with the instructions issued after such inspections;
2. (b) call for any return statement, account or report which he may think fit to require the Zilla Panchayat or Panchayat concerned to furnish.

1. (1) The Heads of Departments concerned and the Officers in-charge of the Department at the Divisional level, may inspect works or developmental schemes relating to their Department under the control of any Zilla Panchayat or Panchayat and also to inspect relevant documents pertaining to such work or development scheme in the manner specified by the Government.
2. (2) The scope of such inspections may cover technical aspects including feasibility, economic viability, the technical quality of the work and the expenditure being incurred.
3. (3) A report of inspections by such Officers after such inspection shall be forwarded to the Chief Executive Officer, or the Secretary, as the case may be, for appropriate action.

Zilla Panchayat.— (1) The Chief Executive Officer may in respect of a Panchayat exercise the following powers:-

1. (a) call for proceedings of any Panchayat or any extract of any books or document in the possession or under the control of the Panchayat or any return or statement of account or report;
2. (b) require a Panchayat to take into consideration any objection which appears to him to exist towards the doing of anything which is about to be done or is being done by Panchayat or any information which appears to him to necessitate the doing of anything by such Panchayat within such period as he may fix;
3. (c) order a duty to be performed within a specified period, if a Panchayat has made default in the performance of any duty and if such duty is not performed within the specified period, to appoint a person to perform such duty and direct that the expenses thereof shall be paid by the defaulting Panchayat within such period as he may fix;
4. (d) direct a Panchayat to levy any tax if it has failed to do so in accordance with the provisions of this Act;
5. (e) call for meetings of the Panchayat, or any of its Committees if no meeting of the Panchayat or its Committees has been held as per the provisions of this Act or rules.

1. (2) The Panchayat may appeal to the Director against any order under clause (c) of sub-section (1), within thirty days from the date of the order.
2. (3) The Director may, in respect of Zilla Panchayat, exercise the following powers:-
   • (a) call for proceedings of any Zilla Panchayat or any extract of any book or document in the possession or under the control of the Zilla Panchayat or any return or statement of account or report;
   • (b) require a Zilla Panchayat to take into consideration any objection which appears to him to exist towards the doing of anything which is about to be done or is being done by such Zilla Panchayat or any information which appears to him to necessitate the doing of anything by such Zilla Panchayat within such period as he may fix;
   • (c) order a duty to be performed within a specified period if a Zilla Panchayat has made default in the performance of any duty and if such duty is not performed within the specified period, to appoint a person to perform such duty and direct that the expenses thereof shall be paid by the defaulting Zilla Panchayat within such period as he may fix;
   • (d) call for meetings of the Zilla Panchayat or any of its Committees if no meeting of

the Zilla Panchayat or its Committees has been held as per the provisions of this Act or rules.

1. (4) A Zilla Panchayat may appeal to the Government against any order under clause (c) of sub-section (3), within thirty days from the date of the order.

performance of duties in default of Panchayat or Zilla Panchayat.— When the Government in case of a Zilla Panchayat, or the Director in case of a Panchayat, is informed on complaint made or otherwise, that any Zilla Panchayat or Panchayat has made default in performing any duty imposed upon it, by or under this Act, or by or under any law for the time being in force and if satisfied, after due enquiry that any Zilla Panchayat or Panchayat has failed in the performance of such duty, it or he may fix a period for the performance of that duty: Provided that no such period shall be fixed unless the Zilla Panchayat or Panchayat concerned, has been given an opportunity to show-cause why such an order shall not be made.

1. (1) The Government may, at any time for reasons to be recorded, cause an inquiry to be made by any of its officers in regard to any Panchayat, or Zilla Panchayat on matters concerning it or any matters with respect to which the sanction, approval, consent or orders of the Government are required under this Act.
2. (2) The Officer holding such inquiry shall have the powers of the Civil Court under the

Code of Civil Procedure, 1908 (Central Act 5 of 1908), to take evidence and to compel attendance of witnesses and production of documents for the purpose of the inquiry.

1. (3) The Government may make orders as to the costs of inquiries made under sub-

section (1) and as to the parties by whom and the funds out of which they shall be paid and such order may, on the application of the Director or of any person named therein, be executed as if it were a decree of a Civil Court.

1. (1) If in the opinion of the Director, the execution of any order or resolution of a Panchayat or Zilla Panchayat or any order of any authority or officer of the Panchayat or the Zilla Panchayat or the doing of anything which is about to be done, or is being done, by or on behalf of a Panchayat or a Zilla Panchayat is unjust, unlawful or improper or is causing or is likely to cause injury or annoyance to the public or to lead to a breach of peace, he may by order suspend the execution or prohibit the doing thereof.
2. (2) When the Director makes an order under sub-section (1), he shall forthwith forward to the Government and the Panchayat or Zilla Panchayat affected thereby a copy of the order with a statement of the reasons for making it, and the Government may confirm or rescind the order or direct that it shall continue to be in force with or without modification permanently or for such period as it thinks fit: Provided that no order of the Director passed under sub-section (1) shall be confirmed, revised or modified by the Government without giving the Panchayat or the Zilla Panchayat concerned a reasonable opportunity of showing cause against the proposed order.

1. (1) The Government may by general or special order provide for all or any of the following matters, namely:—
   • (a) the manner in which purchase of stores, equipments, machineries and other articles required by a Zilla Panchayat, or Panchayat shall be made by them;
   • (b) the manner in which tender for works, contracts and supplies shall be invited and examined and accepted;
   • (c) the manner in which works and development schemes may be executed and inspected and payment may be made in respect of such works and schemes; and
   • (d) constitution of Committee for the purpose of this section.
2. (2) Save as otherwise expressly provided in sub-section (1), in respect of all other matters relating to drawl of funds, form of bills, incurring of expenditure, maintenance of accounts, rendering of accounts and such other matters, the rules of implementation as applicable to the Departments of the Government shall mutatis mutandis apply.

1. (1) Whenever,—
   • (a) any general election to a Zilla Panchayat or Panchayat under this Act or any proceedings consequent thereon has been stayed by an order of a competent court or authority; or
   • (b) all the members or more than 126[one half] of the members of a Zilla Panchayat have resigned; 127[or] 128[(c) any new Panchayat or deemed Panchayat or any new Zilla Panchayat established in accordance with the provisions of this Act;] 129[or] 130[(d) on the expiry of the term of the members of any Panchayat or any Zilla Panchayat, general elections to such Panchayat or to such Zilla Panchayat cannot be held;] the Government shall, by notification in the Official Gazette, appoint an Administrator for such period as may be specified in the notification and may, by like notification, curtail or extend the period of such appointment, as however the total period of such appointment shall not exceed six months.
2. (2) Notwithstanding anything contained in this Act, on the appointment of an Administrator under sub-section (1), and during the period of such appointment, the Zilla Panchayat and the Committees thereof and the Adhyaksha or Upadhyaksha of such Panchayat, 131[the Sarpanch or the Deputy Sarpanch or members] charged with carrying out the provisions of this Act, or of any other law, shall cease to exercise any powers and perform and discharge any duties or functions conferred or imposed on them by or under

this Act or any other law and all such powers shall be exercised and all such duties and functions shall be performed and discharged by the Administrator.

1. (1) The Director may, by general or special order, specify from time to time, the role of Panchayat 132[Taluka Panchayat] and Zilla Panchayat in respect of the programmes, Schemes and activities related to the functions specified in 133[Schedules I, IA and II] in order to ensure properly coordinated and effective implementation of such programmes, schemes and activities.
2. (2) When the Director makes an order under sub-section (1), he shall forthwith

forward to the Government and the Panchayat

134[Taluka Panchayat] or Zilla Panchayat affected thereby a copy of the order with a statement of the reasons for making it, and the Government may confirm or rescind the order or direct that it shall continue to be in force with or without modification permanently or for such period as it thinks fit: Provided that no order of the Director passed under sub-section (1) shall be confirmed, revised or modified by the Government without giving the Panchayat

74[“Taluka Panchayat”] or the Zilla Panchayat concerned a reasonable opportunity of showing cause against the proposed order.