Schedule 1

Powers, functions and duties of officers of the Panchayat Section 73 Powers, functions and duties of Mukhia, Up-Mukhia, Pramukh, Up-Pramukh, Adhyaksha and up-Adhyaksha of the Zila Parishad - (A) Powers, function and duties of Mukhia and Up-Mukhia - i) Power, function and duties of Mukhia. The Mukhia Shall - 1) be responsible for convening meetings of Gram Sabha and preside over, its meeting, other than in the scheduled area. 2) be responsible for convening meetings of Gram Panchayat and shall preside over its meetings. 3) Ensure proper custody of records and registers of the Gram Panchayat and shall maintain them. 4) Exercise administrative control and supervision over the work of the employees of the Gram Panchayat and employees whose services may be placed at the disposal of the Gram Panchayat by any other Authority. 5) For transaction of business connected with this Act or for the purposes of making any order authorized thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Gram Panchayat under this Act or the rules made thereunder; Provided that the Mukhia shall not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed or discharged by a meeting of the Gram Panchayat. 6) Exercise such other powers, perform such other functions and discharge such other duties as the Gram Panchayat may, by general or special resolution direct or as the State Government may, by the rules made in this behalf, prescribed. 7) Be responsible for safe custody of the Gram Panchayat fund. 8) Operate the fund of Gram Panchayat, which includes authority, to make payment, to issue cheques and withdrawal etc. as per provision of this Act. 57 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 9) Get prepared all the returns and reports as required by this Act or thereunder. 10) Be directly responsible for performing or getting performed all the functions assigned to the Gram Panchayat under section (75) of this Act. (ii) Powers, functions and duties of up-Mukhia. The Up-Mukhia shall- 1) Exercise such powers, perform such functions and discharge such duties of Mukhia as the Mukhia may from time to time, subject to the rules made in this behalf by the Government, delegate to him by order in writing: Provided that (the Mukhia) may at any time withdraw all or any of the powers, functions and duties so delegated to the up- Mukhia. 2) During the absence of the Mukhia, preside over the meetings of the Gram Panchayat and conduct its proceedings, 3) Exercise all the powers, perform all the functions and discharge all the duties of the Mukhia when the election of Mukhia is pending and during his absence for any reason, 4) Exercise such other powers, perform such other functions and discharge such other duties as the Gram Panchayat may, by general or special resolution, direct or as the Government may. by rules made in this behalf, prescribe. (B) Powers, functions and liabilities of Pramukh and up-Pramukh - i) Powers, function and duties of Pramukh The Pramukh Shall - 1) Be responsible for convening meetings of the Panchayat Samiti and shall preside over and conduct its meetings, 2) Ensure proper custody of the records and registers of the Panchayat Samiti and shall maintain them, 3) Supervise and control the business transacted by the employees of the Panchayat Samiti, 4) Be responsible for safe custody of the Panchayat Samiti Fund, 5) Operate the funds of Panchayat Samiti which includes authority to make payment, issue cheques and make withdrawal etc. as per the provisions of this Act, 58 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 6) Get prepared all the statements and reports as required by or under this Act, 7) Exercise complete control over the financial and executive administration of the Panchayat Samiti and place before the Panchayat Samiti all issues connected therewith so that necessary orders of the Samiti may be obtained, and for this purpose records of the Samiti may be called for. 8) Have power to accord sanction to the extent, of Rs. 25 thousand in a year for the purposes of providing immediate relief to those who are affected by any natural calamity within the area of Panchayat Samiti: Provided that the Pramukh shall place at the details of all such sanction before the next meeting of the Panchayat Samiti for the ratification, 9) 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 provision of this Act or any general or special direction issued under this Act, 10) Produce all the matters before the Panchayat Samiti which require its sanction, 11) Be directly responsible for discharging or complying all the functions assigned to the Panchayat Samiti under section (76) of the Act, 12) Comply with all the directives issued by the State Government or any Authority authorized by the State Government under this Act. (ii) Powers, functions and duties of Up-Pramukh: The Up-Pramukh Shall- 1) Preside over and conduct proceedings of meetings of the Panchayat Samiti in absence of the Pramukh, 2) Exercise the powers of the Pramukh and discharge his functions when election of Pramukh is pending and during his absence for any reason, 59 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 3) Exercise such powers and perform such duties as a Pramukh of the Panchayat Samiti, which are delegated to him from time to time in writing subject to the rules made by the Government in that behalf. (C) Powers, functions and duties of Adhyaksha and Up-Adhyaksha of Zila Parishad : @) Powers, functions and duties of Adhyaksha of Zila Parishad The Adhyaksha of the Zila Parishad shall - 1) Convene meetings of the Zila Parishad and shall preside over and conduct the same, 2) Shall ensure proper custody of the records and registers of the Zila Parishad and shall maintain them, 3) Exercise supervision and control over the chief Executive Officer and through him over all employees of the Zila Parishad and the employees whose services may have been placed at the disposal of the Zila Parishad by the State Government, 4) Be responsible for safe custody of the Zila Parishad Fund, 5) Operate the fund of the Zila Parishad, Which includes authority to make payment, to issue cheques and to make withdrawal etc. as per provisions of this Act. 6) Get prepared all the Statements and reports as required by this Act or thereunder, 7) Produce all the matters before the Zila Parishad which require its sanction, 8) Be directly responsible for compliance and execution of the resolutions of the Zila Parishad passed by it for the purpose of compliance and execution of the provisions of this Act, 9) Be directly responsible for compliance and execution of all the directives issued by the State Government or by any other authority authorized by the State government, under this Act, 10) Exercise complete control over the financial and executive administration of the Zila Parishad and place before the Zila Parishad all issues connected therewith in which he thinks the order of Zila Parishad is necessary and for this purpose records of the Zila Parishad, may be called for. 60 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 11) Have power to accord sanction to the extent of Rs. 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 Adhyaksha shall place details of all such sanction in the next meeting of the Zila Parishad for its ratification. 12) Be directly responsible for compliance and performance of all the functions assigned to the Zila Parishad under section (77) of this Act. (ii) Powers, functions and duties of the Up-Adhyaksha- The Up-Adhyaksha shall - 1) Preside over and conduct the proceedings of the meetings of the Zila Parishad in absence of the Adhyaksha, 2) Exercise the powers and perform the duties of the Adhyaksha during the pendency of election of an Adhyaksha or during his absence from the district or due to his leave for a period exceeding 30 days, 3) Exercise all such powers and discharge all such functions and duties as may from time to time be delegated to him by orders in writing by the Adhyaksha or the State Government under this Act or subject to rule made on this behalf. Section 74 The State Government may, by ordinance, annul or include the powers, functions and duties specified for the Office-bearers of the Panchayats by virtue of sub-section (A), (B), (C) of section (73). Functions of Panchayats Section 75 (A) Functions of Gram Panchayat - subject to such conditions as may be specified by the Government from time to time, and to the extent the fund of Gram Panchayat also the Gram Panchayat shall perform the functions specified below: (1) General functions - (i) Preparation of annual plans for development of the Panchayat area; 61 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (ii) ~~ Preparation of annual budget; (iii) ~~ Organizing voluntary labour and voluntary contribution for community works; (iv) Removal of encroachments on public properties; (v) Undertaking relief work during natural calamities; (vi) Maintenance of essential statistics of village(s). (2) Agriculture, including Agriculture Extension - @) Execution of plan for development of agriculture and horticulture; (ii) Executions of plans for development of wasteland; (iii) Development and maintenance of grazing lands and preventing their un authorized alienation and use. (3) Assisting the Government and the Panchayat Samiti in land development, land reform and land conservation works. (4) Implementation of minor irrigation, water management and water coverage development plans. (5) Animal husbandry, dairy and poultry - (i) Implementation of schemes for improvement of breed of cattle, poultry and other livestock; (ii) Implementation of the Scheme for promotion of dairy, poultry and piggery etc. (6) Fisheries - Implementation of scheme for development of fisheries in village(s), (7) Social and farm forestry - @) Planting and preservation of trees on the sides of roads and other public lands under its control; (ii) Implementation of social and farm forestry schemes; (iii) Implementation of scheme for fuel plantation and fodder - development. (iv) Carrying out of programme for development and promotion of sericulture. (8) Minor forest produce - @) Providing for collection, processing, storage and marketing of minor forest produce. 62 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (9) Khadi, Village and cottage industries - (i) Implementation of schemes for development of village and cottage industries ; (ii) Making schemes for development of agricultural and commercial industries and implementing them; (iii) Organising awareness camps, seminars and training programmes, agricultural and industrial exhibitions for benefit of rural areas. (10) Rural Housing - @) Implementation of rural housing schemes; (ii) Distribution of house - sites within its jurisdiction; (iii) Maintenance of records relating to building sites and other private and public properties. (11) Drinking water facilities - (i) Construction, repair and maintenance of public wells, ponds and hand - pumps for drinking water, washing clothes and bathing; (ii) Taking measures for control and prevention of water pollution ; (iii) Regulation and maintenance of rural water supply scheme ; (iv) Management of drinking water sources . (12) Roads, Buildings, Bridges, Culverts, Water ways and other means of communication - @) Construction and maintenance of rural roads, drains and bridges - culverts. (ii) Maintenance of building under its control or transferred by the Government or any public Authority. (iii) Maintenance of boats, ferries and waterways. (13) Rural Electrification - @) Provision for and maintenance of lighting public streets and other places; (i) Assistance to rural electrification. (14) Non - conventional energy source - @) Promotion and development of non- conventional energy - sources; (ii) ~~ Maintenance of community non - conventional energy sources including bio - gas plants ; 63 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (iii) Propagation and publicity of improved chullhas and other energy devices. (15) Poverty alleviation programme - @) Promotion of public awareness and participation in poverty alleviation programmes for fuller employment and creation of productive assets; (ii) Selection of beneficiaries under various programmes through Gram Sabhas; (iii) Ensuring effective implementation and monitoring of schemes. (16) Education, including primary and secondary schools - (i) Promotion of public awareness and participation in primary and secondary education; (ii) Ensuring full enrollment and attendance in primary schools and its management; (iii) Providing for education guarantee; (iv) Management of secondary schools. (17) Adult and non - formal education carrying out of programmes for promotion of adult literacy. (18) Technical training and professional education - (i) Selection of rural arts and artisans and providing training to them. (19) Establishment and maintenance of libraries and reading rooms. (20) Sports and cultural activities - @) Encouragement of sports and cultural activities, and establishment and maintenance of village clubs; (ii) Arranging cultural seminars. (21) Markets and fairs - Management of fairs (including cattle fair), markets and hats in Panchayat area. (22) Medical Facilities and Sanitation @) Promotion of village sanitation. (ii) Cleaning of public streets, ponds, wells and roads; (iii) Construction and maintenance of public latrines; (iv) Management and control of bathing and washing ghats; (v) Vaccination; 64 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (vi) Prevention against epidemics; (vii) Maintenance and regulation of burning and burial grounds; (viii) Disposal of unclaimed corpses and carcasses; (ix) Preventive measures against stray animals. (23) Welfare of weaker sections and in particular the Scheduled Castes and Scheduled Tribes - @) Implementation of specific programmes for Scheduled Castes, Scheduled Tribes and weaker sections of the society; (ii) Programmes against exploitation of and injustice to weaker sections of the society. (24) Health and family welfare - (i) Management of health and family welfare programmes; (ii) Measures for prevention and control of mal nutrition; (iii) Encouraging small family norm. (25) Social welfare and social security including women welfare - @) Making and implementing schemes for mentally and physically handicapped persons; (ii) Provision of pension for the old, the disabled and the destitute; (iii) ~~ Specific programmes for social development of women and children. (26) Maintenance and preservation of community assets - (i) Specific provision for community assets created by the Government, local authority and other agencies and arrangements for their proper use; and (ii) Encouraging people's participation for the purpose. (27) Public distribution system - @) Arousing social consciousness regarding distribution of essential commodities; (ii) Management of public distribution system and constant supervision for making it efficient and transparent. (28) Management of Child Development Programme. 65 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (29) Enhancing Cooperative activities - (i) Management of co-operative - based agriculture, dairy, pisciculture and forest and environment programmes; (ii) Encouragement to co-operative - based handicraft, handloom, tasar, lac and Malwari production. (iii) Development of Co-operative marketing system. (30) Encouraging the common people towards saving and promoting collective saving system. (31) Organising self- help groups and activating villagers towards a self dependant village. (32) Maintenance of records of birth, death, marriage etc. and arousing awareness in people to register birth and death. (33) Others - @) Substantial provision to meet unforeseen situation or natural calamity; (ii) Provision for casual medical aid to the poorest and cremation of the destitute; (iii) Cooperation in affairs of national interest such as cooperating in census, and in collection of desirable information; (iv) To work as specified by the State Government, Zila Parishad, Panchayat Samiti; (B) Additional functions of Gram Panchayat in Scheduled Area - Without prejudice to the generality of the powers conferred by this Act, a Gram Panchayat, in the scheduled area, subject to the general, control and instruction of the Gram Sabha, shall have the following powers:- 1. To manage the village market, fairs including cattle fair known by any name; 2. To have control over the sources and expenditure of the local schemes including the tribal sub scheme; and 3. To exercise such other powers and discharge such functions as the State Government may confer or entrust it under any law in force for the time being. (C) The functions of the Gram Panchayat mentioned in sub-section (A) and (B) of section (75) shall not affect the other Acts/ Rules of the Government in force for the time being, nor their jurisdiction. 66 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (D) The government may delegate powers by amending the Acts/ Rules in force for the time being relating to the functions of the Gram Panchayat or its additional functions mentioned in sub-section (A) and (B) of section (75) after due deliberation. Section 76 (A) Functions of Panchayat Samiti - Subject to such conditions as may be prescribed by the Government from time to time, as far as in keeping with the Panchayat Samiti Fund, the Panchayat Samiti shall perform in its area the functions enumerated as follows:- (i) It shall make schemes for its balanced uplift and for ensuring their implementation in the following fields :- (a) Integrated rural development; (b) Integrated agriculture development; (¢c) Integrated social forestry; (d) Integrated animal husbandry and pisciculture; (e) Integrated health and sanitation; f) Integrated education and adult education; (g) Integrated cooperative; (h) Integrated village and cottage industry; (i) Integrated welfare (women, children, weaker section the disabled and destitute); 3G) Integrated employment programme; (k) Integrated recreation and sports; Integrated road and building construction; (m) Integrated minor irrigation. (ii) General Work - (a) Preparation of the Annual Plans for development of the Panchayat Samiti area and submission thereof to the Zila Parishad for inclusion in the District Plan; (b) Preparation of annual budget of the Panchayat Samiti; (c) Preparation of plans for relief work during natural calamities and their implementation; (d) Maintenance of essential statistics; 67 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (iii) Agriculture, including extension of agriculture - (a) Development and promotion of agriculture and horticulture (gardening); (b) Maintenance of Agricultural Seed farms and Horticultural Nurseries; (c) Storage and distribution of insecticides and pesticides; (d) Encouraging dry farming and marketing of vegetables, fruits and flowers; (e) Management of activities regarding training of farmers and their extension; f) Integrated management of barren lands; (g) Development and maintenance of grazing grounds and preparation of integrated plans for prevention of their unauthorized alienation and use, and supervision of the affairs of Gram Panchayats. (iv) Assistance to the Government and the Zila Parishad in land development, land reform and land conservation. (v) Development of minor irrigation, water management and water shed as well as drainage of slanting water - (a) Assistance the Government and Zila Parishad in providing and maintaining minor irrigation works; (b) Preparation of integrated plan for community and private minor irrigation and ensuring implementation thereof. (vi) Animal husbandry, Dairy and Poultry - (a) Maintenance of animal husbandry and veterinary services; (b) causing execution supervision of integrated plan for improved breeding of domestic cattle, poultry and other live stock; (c) Promotion of Dairy, Poultry and Piggery etc; (d) Prevention and control of epidemics and contagious diseases. (vii) Pisciculture - (a) Integrated development of fisheries in villages; (b) Promoting marketing facilities. (viii) Social and farm forestry and minor forest produce - (a) Preparation of an integrated plan for plantation and preservation of trees on the sides of roads and other public lands under its 68 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 control, and for their preservation, implementation thereof and constant supervision; (b) Integrated development and promotion of social and farm forestry and sericulture; (c) Plantation for fuel and fodder development programme and extensive publicity and propagation for environment preservation; (d) Integrated management and supervision of collection, storage, processing and marketing of minor forest products; (ix) Khadi, village and cottage industry - (a) Aiding and encouraging development of village and cottage industries; (b) Aiding development of agricultural and commercial industries; (¢c) Arranging agricultural and industrial exhibitions along with awareness camps, seminars and training programmes for benefit of rural areas at Panchayati Samiti Level. (x) Rural Housing - (a) Ensuring supervision and balanced development of rural housing programmes; (b) ensuring supervision and balanced distribution of residential sites within its jurisdiction; (c) Ensuring maintenance of records concerning residential, sites and other private and public properties. (xi) Drinking water facility - (a) Control and prevention of water pollution; (b) Integrated provision for rural water supply schemes, their repairs and maintenance; (c) Integrated management of drinking water sources. xii oads, buildings, bridges and culverts, water - ways and other (xii) Roads, buildings, bridg d culvert t d oth means of communication - (a) Ensuring construction and maintenance of village roads, drains and bridges culverts benefiting two or more than two villages within its jurisdiction. (b) Maintenance of buildings under its control or transferred to its by the Government or any Public Authority; 69 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (¢c) Aiding integrated development of boats, ferries and waterways. (xiii) Rural electrification - (a) Aiding Gram Panchayats in providing and maintaining light at public streets and other places; (b) Aiding rural electrification. (xiv) Non - conventional sources of energy - (a) Endeavouring for integrated promotion and development of non - conventional energy schemes; (b) Development and extension of community non - conventional energy sources including bio - gas plants; (c) Extensive propagation and publicity of improved chullha and other programmes of efficient energy devices. (d) Providing device & run by solar energy at subsidized rate. (xv) Poverty alleviation programme - (a) Preparation of plans for full employment and creation of productive assets and taking action with respect to their implementation; (b) Co-operation in effective implementation and monitoring. (xvi) Education including Primary and Secondary Schools - (a) Development of infrastructure for primary, secondary and high school education. (b) Taking necessary action in connection with education - guarantee after preparing a plan therefore. (xvii) Adult and non formal education - (a) Causing execution of integrated plan for promotion of adult literacy. (xviii) Technical training and professional education. (a) Encouraging village arts and artisans. (xix) Providing assistance in development of libraries. (xx) Sports and cultural activities - (a) Encouraging sports and cultural activities and assistance to establishment of village - clubs; (b) Arranging for cultural seminars at Panchayat Samiti level. 70 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (xxi) Hygiene and Sanitation - (a) Aiding and guiding Gram Panchayats by making an integrated plan for encouraging village sanitation, for cleanliness of public streets, ponds, wells and roads, for management and control of bathing and washing ghats, for vaccination, for prevention and control of epidemics, for Maintenance as running of burning and burial grounds, for disposal of unclaimed corpses and carcasses, for preventive measures against stray animals. (xxii) Welfare of weaker sections, particularly Scheduled Castes and Scheduled Tribes - (a) Preparation of integrated plan and ensuring implementation thereof in respect of specific programmes for Scheduled Castes, Scheduled Tribes and weaker sections of the society; (b) Preparation of an integrated plan and ensuring implementation thereof, in respect of programmes against exploitation of and injustice to weaker sections of the society; (c) Ensuring strict compliance of directions and orders issued regarding prevention of untouchability. (xxiii) Health and family welfare - (a) Integrated extension of health and family welfare programmes; (b) Integrated measures for prevention and control of mal nutrition; (c) Carrying out of extensive programmes for encouraging small family norm. (xxiv) Social welfare and social security including women's welfare - (a) Preparation and causing implementation of an integrated plan for welfare of the people mentally and physically handicapped; (b) Assisting Gram Panchayats in providing pension to the old, the disabled and the destitute; (c) Management of an specific integrated programme for social development of women and children. (xxv) Preservation and maintenance of community assets - (a) Ensuring specific provision for community assets created by the Government, local authority and other agencies and measures for their proper use; 71 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (b) Providing incentive to the successful Gram Panchayats with the object of encouraging people's participation in this behalf. (xxvi) Public distribution system - (a) Ensuring distribution of essential commodities as per rules and constant identification and evaluation of persons living below the poverty line, in this regard; (b) Constant supervision for making the Public Distribution System efficient and transparent. (xxvii)Supervision of Child Development Programme and helping and guiding Gram Panchayats in this programme and preparing a programme for integrated development and getting the same implemented. (xxviii) Enhancing co-operative activities - (a) Management of an integrated programme as to co-operative based agriculture, dairy, pisciculture and forestation and environment programmes; (b) Preparing an integrated plan for encouraging co-operative based handicraft, handloom, Tasar, lac and Malwari production and cause its implementation; (c) to help developing a co-operative marketing system. (xxix) Encouraging the common people towards savings and helping the Gram Panchayat develop a group saving scheme. (xxx) Help the Gram Panchayat for organising self - help groups and for activating the villagers towards a self-dependant village. (xxxi) Maintenance of records of birth, death, marriage etc. and arousing awareness in people for registration of births and deaths and helping Gram Panchayats in this behalf. (xxxii) Others - (a) Substantial provision to deal with an unforeseen situation or natural calamity; (b) Provision for casual medical aid to the poorest and help to Gram Panchayats in arranging cremation of the destitute. (¢c) Co-operation in affairs of national interest such as co-operating in census and in collection of desirable information; (d) Preparation of annual plans for economic growth and social justice of the district and ensuring implementation of such plans by the Panchayats; 72 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (e) Preparation of annual plan in respect of plans entrusted to it by any law and also for the plans entrusted to it by the Central Government or the State Government. (f) Co-ordination, evaluation, persuasion of the activities of the Gram Panchayats and guiding them; (2g) Ensuring comprehensive supervision, co-ordination and integration of the plans prepared by the Gram Panchayats. (h) Ensuring implementation of the plans entrusted to it by any law and also of the plans entrusted to it by the Central Government or the State Government; @) Ensuring execution of functions, programmes, plans and projects transferred or delegated to it by the Central Government or the State Government; (j) ~~ Re-allocation of the funds made available by the Central or State Government in respect of the functions, programmes, plans and projects transferred or delegated to it by them, to the Gram Panchayats according to the criteria fixed by the Central or State Government; (k) Coordinating the proposals for grants received from the Gram Panchayats for some specific purposes and forwarding it, to the Zila Parishad; (I) Ensuring execution of such plans, projects and other works that belongs to two or more Gram Panchayats jointly; (m) Taking all measure for exploiting resources by exercising the powers conferred, to it by any law or by the Central or State Government; (n) Advising the Zila Parishad with regards to the activities related with development, preservation of environment, social forestry, family welfare and welfare of weaker sections, destitute, women, youths and children; (0) The Panchayat Samiti shall control and supervise the administration within its jurisdiction; and the functions conferred on and the plans entrusted to the Block by the State Government shall be executed under supervision, guidance and control of the Panchayat Samities as per directions as the State Government issued from time to time; (p) Taking all necessary measures, in exploiting resources by exercising the power conferred to it by any law or by the Central or State Government; 73 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (qQ) To exercise such other powers and to discharge such other functions as may from time to time is conferred on or entrusted to it by the State Government; (r) Maintenance of essential statistical works; (s) Taking up regional plans and development plans for basic amenities within the Panchayat Samiti; t) Preparation and management of plans for basic civil amenities; (u) Implementation, execution and supervision of the schemes and construction works within Gram Panchayats; (v) Control and persuasion of the specific plans prepared for the beneficiaries; (w) Promoting a sense of voluntary labour and community - ownership in respect of community work; (x) Ensuring execution of schemes, projects and programmes entrusted by the Central or the State Government or the Zila Parishad or the Panchayat Samiti; (y) Control over the personnels posted within the Gram Panchayat area; (z) Letting of minor water bodies on lease, for Pisciculture and other commercial purposes. (B) Additional powers of Panchayat Samiti in scheduled area - Without prejudice to the generality of the powers endowed by this Act, a Panchayat Samiti in any of the scheduled areas shall have the following powers:- 1. Preparing a plan for minor reservoirs belonging up to a specified water area, owning and managing the same; 2. Controlling the organisations and works transferred to in all social fields; 3. Control over the local plan, including tribal sub - plan and its sources and expenditure ; 4. Exercising such other powers and performing such other functions as the State Government may, under any law for the time being in force, confer on or entrust to it; 5. The functions of the Panchayat Samiti mentioned in sub-sections (A) and (B) of section (76) shall not affect the other Acts/rules of the government for the time being in force, and their jurisdiction; 6. The Government may delegate powers by amending, after due deliberation, the Acts/Rules for the time being in force with regard the functions of the 74 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 Panchayat Samiti or its additional functions mentioned in sub-section (A) and (B) of section (76). Section 77 (A) Functions of Zila Parishad - Subject to such conditions as my prescribed by the Government from time to time, the Zila Parishad shall perform the following functions: (i) General Functions - (a) Preparing annual plans for economic development and social justice of the district and ensuring coordinated execution thereof; (b) Preparing annual plans for the schemes entrusted to it by any law and for the schemes entrusted to it by the Central or State Government, and ensuring coordinated execution thereof; (c) Preparing annual budget of the district; (d) Coordinating, evaluating, persuading and guiding the activities of Panchayat Samities and Gram Panchayats; (e) Ensuring execution of the schemes, functions and works and also the projects entrusted by any law or entrusted or transferred or delegated by the Central or State Government; ®) Re-allotment of the funds made available by the Central or State Government appertaining to the transferred functions, work, schemes and projects, to the Panchayat Samities and Gram Panchayats as per their criteria; (g) Coordinating and forwarding to the State Government the proposal of grants for any specific purpose received from Panchayat Samities; (h) Ensuring execution of plans, projects and other works for benefit of two or more than two Panchayat Samities; @) Executing the works, schemes and projects. transferred to Panchayats by the State Government, through Gram Panchayats or executing agencies, regardless of the sources of their fund; [0)] Taking necessary measures for exploiting resources, by exercising the power conferred by any law or by the Central or State Government; (k) Power to do relief work during natural calamity; [©] Maintenance of essential statistical works. (ii) Agriculture, including extension of agriculture- (a) Popularising use of improved agricultural system and adopting improved agricultural practices to increase agricultural production; (b) Opening and managing agricultural seed farms and commercial farms; 7 HRGUS TIE (SRATIRY), AHIR 21 Sa, 2008 (¢c) Organizing agricultural fairs & exhibitions; (d) Preparing plans for integrated extension of agriculture and horticulture, and causing executing thereof; (e) Causing execution after Preparing integrated plan for extension of land development and soil conservation; (f) Establishment of training centers and provisions for training of farmers. (iii) Land development, and land reforms and soil conservation - (a) Promoting and extending soil conservation activities; (b) Causing execution after preparing an integrated plan for development of barren land. (iv) Minor irrigation, water management and water shed - development - (a) Construction and management of lift irrigation; (b) Extension of water shed programme; (c) Maintenance of available water sources; (d) Development of under ground water resources; (e) Encouraging community water committees and installing community pump sets. (v) Animal husbandry, dairy and poultry - (a) Causing execution after preparing an integrated plan for improvement in breed of domestic cattle, poultry and other live stock; (b) Promotion of dairy industry, poultry farming and piggery, etc; (©) Establishment of veterinary hospitals and artificials insemination centers; (d) Measures for control and prevention of cattle - diseases and contagious disease; (e) Integrated development of fodder; (f) Extending and persuasion for activities for rearing pigs, goats and ducks; (g) Facilities of dairy farms and cold storage. (vi) Pisciculture - (a) Production and distribution of spawns; (b) Constitution of fish marketing co-operative societies; (c) Pisciculture in private and community ponds; (d) Welfare schemes for uplift of fishermen; 76 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (vii) Social and agricultural forestry - (a) Integrated management of plantation on flanks of roads and other public lands under its control; (b) Integrated management of social & agricultural forestry; (¢c) Integrated management of minor forest products. (viii) Khadi, village & cottage industries - (a) Aiding development of village & cottage industries; (b) Implementing an integrated plan for development of domestic industries benefiting the traditionally expert artisan, after identifying them; (©) Provision for training and financial assistant to craftsmen and artisans; (d) Popularising readymade products and providing for there marketing; (¢e) Encouraging organization for Khadi, handloom and handicraft industries; (f) ~~ Ascertaining the needs for raw materials and ensuring their supply; (g) Design and production in keeping with changing needs of consumers; (h) Providing for bank loans. (ix) Rural housing - (a) Integrated management of execution of rural housing programmes in the district; (b) Assisting the Gram Panchayats and the Panchayat Samities in coordinating, supervising and maintaining distribution of residential sites within its jurisdiction; (c) Identification of homeless families and integrated management of provision for low cost houses for them. (x) Drinking water facility - (a) Control and prevention of water pollution; (b) Extension of rural water supply; (c) Management of drinking water sources. (xi) Roads, buildings, bridges - culverts, waterways and other means of communication - (a) Preparation of a comprehensive plan for roads building and culverts, other than national and state highways and provision for construction and maintenance thereof. 77 REVS OTC (STATEIRYT), AHAR 21 Tad, 2008 (b) Preparation of comprehensive plan for link roads to markets, educational and health centers and provision for construction and maintenance thereof; (c) Maintenance of boats, ferries and water ways; (d) Repairs of building within the jurisdiction of Zila Parishad and construction of new buildings; (e) Organizing the people for voluntary land acquisition for new roads and widening the existing roads. (xii) Rural Electrification - (a) Assistance in making available light at public streets and other places; (b) Extension of rural electrification. (xiii) Non - conventional sources of energy - (a) Carrying out comprehensive programme for promotion and development of non conventional energy plans; (b) Propagation and publicity of community non conventional energy sources including bio-gas plants; (c) Carrying out programmes for raising public - conscience regarding improved chullhas and other energy sources. (xiv) Poverty alleviation programme- (a) Preparing a time bound plan for poverty alleviation and ensuring its implementation; (b) Arousing awareness in people for full employment and creation of productive assets and participation in poverty alleviation programmes; (c) Supervision and monitoring of all poverty alleviation programmes. (xv) Primary, secondary, adult and non formal education - (a) Propagation and publicity of science and technical education in rural areas; (b) Ensuring layout and implementation of an incentive scheme with the object of ensuring full enrollment and attendance in primary schools; (c) Planning and implementing an education guarantee scheme; (d) Provision for hostels, aashrams and stipend for poor and meritorious students; (e) Extension of adult and non formal education; (f) Survey and evaluation of educational activities. (xvi) Technical training and professional education - (a) Organizing exhibition fairs etc. to encourage rural art and craftsmen; 78 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (b) Propagation and publicity of computer education. (xvii) Library - (a) Aiding Gram Panchayats and Panchayat Samities in establishment and maintenance of library and reading room; (b) Developing information centers at Block and Panchayat levels. (xviii) Sports and cultural activities - (a) Promotion, Establishment and maintenance of sports and cultural activities; (b) Convening cultural seminars; (c) Development of sports grounds and stadium; (d) Encouraging traditional festivals, dances and other arts and giving then a new dimension by publicising them within the country and abroad. (xix) Market and fair - (a) Assistance in management of fairs (including cattle fair), markets and hats in the Panchayats’ areas. (xx) Hygiene and Sanitation - (a) Ensuring promotion of rural sanitation and cleanliness of public streets, ponds, wells and roads; (b) Preparing an integrated plan for public toilets, causing its implementation and maintenance; (¢c) Carrying out extensive programme for immunization and vaccination against diseases; (d) Preparing and causing implementing of a comprehensive plan for control and prevention of epidemics; (e) Establishment and maintenance hospitals, primary health centers and dispensaries other than hospitals of medical College, T.B. - Sanitariums, leprosy and mental hospitals; ) Activities appertaining to maternity and Child - care; (g) Convening Health- camps in coordination with Gram Panchayats and Panchayat Samities; (h) ~~ Taking measures for prevention against environmental pollution. (xxi) Welfare of weaker sections particularly Scheduled Castes and Scheduled Tribes - (a) Preparing an integrated plan for specific programmes for the Scheduled Castes, the Scheduled Tribes and the weaker sections of the society; (b) Management of integrated programme against exploitation of and injustice to the weaker sections of society; 79 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (c) Sanction of grants for stipend, scholarships, hostel allowance to and other grants for purchase of books and other ancillary articles for the Scheduled Castes and tribes and other Backward Classes; (d) Management of hostels for benefit of the Scheduled Castes and tribes; (e) Preparation and causing implementation of plan in organizing nursery schools balbaries and Ratri Pathshala for eradication or illiteracy in Gram Panchayat/Panchayat Samiti; (f) Organizing model welfare centers and crafts centers for imparting training to the Scheduled Castes and tribes in cottage and village industries; (g) Provision for residential basic schools for the Scheduled Castes and tribes; (h) Providing marketing facilities for the goods produced by the members of the Scheduled Castes and the Scheduled Tribes; (i) Constituting cooperative societies of Scheduled Castes and Scheduled Tribes; (j) Other welfare schemes for development and upliftment of the Scheduled Castes and the Scheduled Tribes; (xxii) Health and family welfare - (a) Extension of health and family welfare programmes; (b) Integrated measures for control and prevention of Mal nutrition; (c) Extensive encouragement to small family norms. (xxiii) Social welfare and social security including women's welfare - (a) Preparing and implementing an integrated plan for mentally and physically disabled persons; (b) Integrated management of pension for the old, the invalid and destitute, the disabled and widows; (c) Specific programmes for organisations of women and children and their development; (d) Maintenance of orphanage, reformatory home and welfare institutions; (e) Encouraging intercaste marriage and giving incentive money to the couple entering into such marriage, one of whom belongs to the scheduled caste or tribes; (f) ~~ Campaign against superstition, intoxication, untouchability and others social evils; (g) Vigilance over criminal activities such as smuggling, tax evasion adulteration, and usury; (h) Identification of bonded, labourers and their rehabilitation; @) Assistance in taking back of aboriginals infected land development of land given to landless labourers. 80 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (xxiv) Preservation and maintenance of Community assets - (a) Integrated provision for proper use of community assets constructed by government, local authority and other agencies; (b) Encouraging peoples participation in this regard. (xxv) Public distribution system - (a) Integrated programme for arousing social consciousness pertaining to distribution of essential commodities; (b) Constant supervision for making the public distribution system efficient and transparent. (xxvi) Integrated management of child development programme - (a) Assistance to Gram Panchayat/ Panchayat Samities. (xxvii) Enhancing cooperative activities - (a) Integrated management of programmes of cooperative based agriculture, milk production, Pisciculture, forest and environment; (b) Encouraging the cooperative based handicraft, handloom, Tasar, lac and Malwari production in an integrated manner; (c) Developing cooperative marketing system at the district level. (xxviii) Encouraging the common people towards saving and development group saving norm. (xxix) Assistance to Gram Panchayats/ Panchayat Samities in fromation of self-help groups. (xxx) Preparing integrated programme to activate villager towards self-dependant village. (xxxi) Maintenance of records of birth, death, marriage etc. and arousing awareness in people to registration for births and deaths. (xxxii) Others - (a) Making consolidated integral provision to face unforeseen situations and natural calamities; (b) Aiding Gram Panchayats/ Panchayat Samities in providing casual medical help to the poorest; (©) (i) Cooperation in affairs of national interest such as cooperating in census and in collection of desirable information; (ii) Collection, compilation, analysis and timely renewal of desirable date of Gram Panchayat, Panchayat Samiti at district level; (d) Administration and control, as determined by the State Government by general or special orders from time to time, the personnel employed and 81 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 posted in Panchayats, including the staff transferred to the Panchayats by the State Government. 3B) Merger of district rural development Agency in Zila Parishad of the district - Notwithstanding any thing contained in the Societies Registration Act or any other Act of the State for the time being in force, district rural development agency of the district shall be deemed to be merged in Zila Parishad of the district and all assets and liabilities of the said agency and all functions thereof shall stand transferred to the concerned Zila Parishad and shall remain vested in it and the same shall be discharged and performed by the Zila Parishad concerned; (ii) ~~ Notwithstanding any thing contained in this Act or the rural or Bye- laws made there under, all the employees of the District Rural Development Agency shall, on the date of commencement of this sub-section, be getting the same salary, allowances and benefits exists at present. (C) Additional powers of Zila Parishad in Scheduled area - Without prejudice to the generality of the powers conferred by this Act, the Zila Parishad in a scheduled area shall have following powers - (1) Preparing a plan for minor reservoirs belonging to a specific water area, owning and managing the same; (2) Controlling the organisations and work, transferred to it in all social fields; (3) Control over the local plan, including tribal sub-plans and its sources and expenditure; (4) Exercise such other powers and performing such other functions as the State Government may, under any law for the time being in farce, confer on or entrust to it; (D) The functions of the Zila Parishad mentioned in sub-sections (A) and (C) of section (77) shall not affect other Acts/Rules of the government for the time being in force, and their jurisdiction; (E) The Government may delegate powers by amending, after due deliberation, the Acts/Rules for the time being in force with regard to the functions or additional functions of Zila Parishad mentioned in sub-sections (A) and (C) of section (77). 82 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 Section 78 Powers of the State Government as to the functions of Panchayats - (1) (a) Subject to such conditions as may be specified by the State Government by general or special order, the Panchayats shall, at proper levels, have such powers and authority, appertaining to the subjects listed in schedule (1) within which the preparation of plans and implementation of schemes for economic development and social justice comes and also other duties and functions conferred under section '110G)(a) and 10(5)], (75), (76), (77), that may be necessary to make them capable of serving as institutions of self government. (b) The State Government, by notification, for the sake of efficient implementation of schemes, may confer on the Panchayats the powers and responsibilities at proper levels for selection of required cadres or any cadres of employees, their recruitment, employment and managing subject to the approved staffing pattern (hierarchical structure) the State Government and such others conditions as it may consider proper. (2) The State Government, by general or specific order, may increase any functions of the Panchayats or may withdraw the functions and duties conferred on such Panchayats. When the State Government take over execution of any functions conferred on a Panchayat, the Panchayat shall not be responsible for such functions so long as the State Government does not re-confer such functions on the said Panchayat. (3) The Government, by notification, subject to the conditions specified therein- (a) May transfer management and maintenance of forest situated in Panchayat area to a Panchayat; (b) May make over management of public uncultivated (Parti) land, grazing ground or vacant land situated in Panchayat area to a Gram Panchayat; (c) May make over the programme of realizing rent on its behalf and maintaining the records concerned to a Gram Panchayat; Provided that no assignment under clause (c) shall be done without consent of the Gram Panchayat concerned; Provided also that when transfer of management and maintenance of any forest is done under clause (a), the Government shall order to entrust to the Gram Panchayat a particular sum or an 1 Subs. by Jharkhand Act 07, 2002 - 22 84 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (c) By removing illegally earth, sand or other materials from any spot; or (d) By doing cultivation in any grazing ground or other land in an unauthorised manner, may be punished with such fine as may be enacted by the government. (2) Notwithstanding any thing contained in the sub-section (1), The Gram Panchayat shall have power to remove any such obstruction or encroachment and to remove any crop grown unauthorized on grazing ground or any land, not being private property, and shall also have the like power to remove any similar unauthorized obstruction or encroachment or protruding portion in any open space, not being private property, whether or not the said space is vested in the Gram Panchayat, and the expenses incurred on such removals shall be paid by the person who has encroached as such, and in case of failure to pay such expenses, the said expenses may be realised from the said person in accordance with the prescribed rules; Providing that notwithstanding any thing contained in sub-section (1) and in this sub-section, if the Gram Panchayat resolves to remove any obstruction, hindrance or encroachment from the land vested in the State Government, it may intimate the Anchaladhikari (Circle Officer) for removal of such obstruction, hindrance or encroachment from the said land and the Anchaladhikari (Circle Officer) shall take necessary action under the Chotanagpur Tenancy Act or the Santhal Pargana Tenancy Act or any other related rule for the time being in force. (3) Notwithstanding any thing contained in this section, the Gram Panchayat may give permission, in according with the byelaws made under this Act, to use any public place or to make any construction or to construct protruding portion thereon temporarily as per necessity on the occasion of festivals and ceremonies in such a manner that the public or any person may not have any inconvenience. (4) The Gram Panchayat shall not pass any order in exercise of the powers under this section unless the person concerned has been given reasonable opportunity of hearing. Section 82 Power to Compromise - With the prior permission of the prescribed Authority, Gram Panchayat, Panchayat Samiti, or Zila Parishad may enter into a compromise in respect of any such suit which has been filed by or against it or in respect of any such claim or demand, which has arisen out of any contract, entered into under this Act, on such terms as it thinks proper. 85 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 Section 83 Regulation of markets or fairs - (1) Save as provided in the Agricultural Market Act for the time being (in force), no person other than the Gram Panchayat shall either fix or use any place within the Gram Panchayat for the purpose or establishment of any market or fairs; Provided that the State Government may by notification declare any market or fair to be public market or public fair, and the public market or the public fair declared as such shall be vested in the Panchayat Samiti. (2) The State Government may make rules for the market or the fair specified in sub-section (1). CHAPTER - VIII Fund and Property of Panchayat Section 84 Fund of Gram Panchayat and its property - (1) ~~ Gram Panchayat shall have power to acquire, hold and dispose of property and to enter into contract with respect thereof; Provided that in every case of disposal of immovable property by the Gram Panchayat, it shall have to obtain prior permission of the Government. (2) All property within the local limits of the jurisdiction of the Gram Panchayat of the nature herein after in this section specified, other than property maintained by the Central or the State Government or a local Authority or any other Gram Panchayat shall vest in and belong to the Gram Panchayat and shall with all other property of whatsoever nature of kind which may become vested in the Gram Panchayat, be under its, direction, management and control, that is to say; (a) All common properties; (b) All public streets including the soil, stones and other materials thereof and all drains, bridges-culverts, trees, erection materials, implements and other things provided for such streets; (c) All public sewage systems and drains and all constructing materials and articles appertaining thereto and other sewage works; Provided that the sub soil for the purposes of enlarging, deepening or repairing otherwise or maintaining such sewage and drains or attached therewith shall be deemed vested in the Gram Panchayat; 86 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (d) The entire night soil, garbage and obnoxious material collected from streets, lavatories, urinals, sewage system, cesspits and other places or dumped on street by the Gram Panchayat; (e) All public lamps, lamp-posts and apparatus connected therewith and related or appertaining there to; (f) All buildings erected by the Gram Panchayat and all lands, and buildings or the property transferred to the Gram Panchayat by the central or state government or acquired by gift, purchase or otherwise for local public purposes; (2) All public channels, water sources, springs, tanks, ghats, reservoirs, cisterns, wells, aqueducts, conducts, tunnels, pipes, pumps and other water works whether made, laid or erected at the cost of the Gram Panchayat or otherwise and all bridges, buildings, fuel, works materials and things connected therewith or appertaining thereto and also any adjacent land (not being private property) appertaining to any pubic tank. Provided that water pipes and water works, connected therewith or appertaining thereto which with the consent of the Gram Panchayat are laid or set up in any street by the owners of any mill, factory, industry, works-shop or the like, primarily for the use of their employees shall not be deemed to be public water works by reason of their being used by the public. (3) The State Government may, by notification, exclude any street, bridge or drain from the operation of this Act or of any specific section of this Act; Provided that if the cost of construction of the work had been paid from the Gram Panchayat Fund, such works shall not be excluded from the operation of this Act or any specific section of this Act except after consideration of the views of the Gram Panchayat in a meeting. (4) The State Government may allocate to a Gram Panchayat any public property situated within its local jurisdiction and thereupon such property shall vest in and come under the control of the Gram Panchayat. (5) The State Government may take back any property allocated to a gram panchayat under sub-section (4). For such transfer no compensation other than the amount paid by the Gram Panchayat or the market value, of any building erected or any work executed by the Gram Panchayat on the said property, prevalent on the date of the taking back, shall be payable; Provided that no compensation in respect of the buildings, structures or works constructed or erected in contravention of the terms and conditions of the vesting shall be payable. 87 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (6) For every Gram Panchayat there shall be constituted a Gram Panchayat Fund bearing the name of Gram Panchayat and this shall be placed to the credit thereof - (a) Contributions and grants if any, made by the central or the state government; (b) Contributions and grants if any, made by the Zila Parishad, Panchayat Samiti or any local Authority; (©) Loans if any, granted by the central or the state government; (d) All receipts on account of taxes, rates and fees levied by it; (e) All receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works vested in, constructed by or placed under the central or and management of the Gram Panchayat; f) All sums received as gift or contribution and all income from any trust or endowment made in favour of Gram Panchayat; (2) Such fines and penalties imposed and realised, under the provisions of this Act as may be prescribed; (h) All other sums received by or on behalf of the Gram Panchayat. (7) Every Gram Panchayat shall set a part and apply annually such sums as may be required to meet- (a) The cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees and to the secretary; (b) Every Gram Panchayat shall have the power to spend such sums as it thinks fit for carrying out the purposes of this Act; (c) The Gram Panchayat fund shall be vested in the Gram Panchayat and the balance to the credit of the fund shall be kept in such custody as may be prescribed. (8) In the matter of Gram Panchayat, the entire amount may be withdraw from the gram panchayat fund by joint signature of the Mukhia and the Secretary. Section 85 Panchayat Samiti Fund and its property - (1) Panchayat Samiti shall have power to acquire, hold and dispose of property and to enter into contract with respect thereof; Provided that in every case of disposal of immovable property, it shall have to obtain prior approval of the Government. 88 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (2) All roads, buildings or other structures constructed by a Panchayat Samiti with its funds shall be vested in it. (3) The State Government may allocate to a Panchayat Samiti and public property situated within its jurisdiction and thereupon such property shall come under the control of Panchayat Samiti; (4) The State Government may take back any property allocated to a Panchayat Samiti under sub-section (3). For such transfer no compensation other than the amounts paid by the Panchayat Samiti or the market value, of any building erected or any work executed by the Panchayat Samiti on the said property, prevalent on the date of the taking - back, shall be payable. Provided that no compensation in respect of the buildings, structures or works constructed or erected in contravention of the terms and conditions of the vesting shall be payable. (5) If Panchayat Samiti requires land to fulfill any purpose of this Act, it shall negotiate with the person / persons having interest in the said land and, if the consent is not arrived at, it shall apply to the District Magistrate for acquisition of the said land. If resolved that the land is required for public purposes, it shall take measures to acquire the land under the relevant provisions of Land Acquisition Act, 1894 (Act 1 of 1894), and the land having been acquired shall vest in the Panchayat Samiti. (6) For every Panchayat Samiti there shall be constituted a Panchayat Samiti fund and there shall be placed to the credit thereof. (a) Contribution and grants, if any, made by the Central or State Government, wherein is included even such contribution of the land revenue realised in the State as the Government may determine; (b) Contribution and grants, if any, made by Zila Parishad or any other local Authority; (¢) Loans if any, granted by the Central or State Government or loans taken by a Panchayat Samiti against security of its own assets; (d) All receipts on account of tolls cess and fees items levied by it; (e) All receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works vested in, constructed by or placed under the control and management of the Panchayat Samiti; (f) All sums received as gift or contribution and all income from any trust or endowment made in favour of the Panchayat Samiti; (2g) Such fines and penalties, imposed and realised, under the provisions of this Act or under the bye-laws made there under as may be prescribed; (h) All other sums received by or on behalf of the Panchayat Samiti. 89 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (7) Every Panchayat Samiti, shall set a part and apply annually such sums as may be required to meet :- (a) The cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees and to the secretary; (b) Every Panchayat Samiti shall have power to spend such sums as it thinks fit for carrying out the purposes of this Act; (c) Panchayat Samiti Fund shall be vested in the Panchayat Samiti and the balance to the credit of the fund shall be kept in such custody as may be prescribed by the State Government from time to time. (8) Subject to such general control as the Panchayat Samiti may exercise from time to time, all orders and cheques for payment from the fund of the Panchayat Samiti shall bear the signature of the Executive Officer. (9) Subject to provisions of any law connected with raising of loans by the local Authority for the time being in force, the Panchayat Samiti, with the approval of the State Government, may raise loans from time to time for the purposes of this Act and may create a deposit fund for redemption of such loan. (10) Panchayat Samiti, on the basis of the specific schemes as may be prepared by the Panchayat Samiti for the fulfillment of its purposes, may take loans from the Government or from Banks with prior permission of the Government. Section 86 Zila Parishad Fund and its property - (1) The Zila Parishad shall have the power to acquire, hold and dispose of property and enter into contract in respect thereof; Provided that in every cases of acquisition or disposal of immovable properties, it shall have to obtain prior approval of the Government. (2) All roads, buildings or other structure constructed by the Zila Parishad with its funds shall be vested in it. (3) The State Government may allocate to the Zila Parishad any public property situated within its local jurisdiction, and thereupon such property shall vest in and come under the control of, Zila Parishad; (4) The State Government may take back any property allocated to a Zila Parishad under sub - section (3). For such transfer, no compensation other than the amount paid by the Zila Parishad or the market value, of any 920 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 building erected or any work executed by the Zila Parishad on the said property, prevalent on the date of the taking - back, shall be payable; Provided that no compensation in respect of the buildings, structures or works contracted or erected in contravention of terms and conditions of the vesting shall be payable. (5) If a Zila Parishad requires land to fulfill any purpose of this Act, it will negotiate with the person or persons having interest in the said land and, if the consent is not arrived at, it shall apply to the District Magistrate for acquisition of the said land. If resolved that the land is required for public purpose, it shall take measures to acquire the land under the relevant provisions of the Land Acquisition Act and the said land having been acquired, shall vest in the Panchayat Samiti. (6) Zila Parishad Fund - For every Zila Parishad, there shall be constituted a Zila Parishad fund bearing the name of the Zila Parishad and this shall be placed to the credit thereof- (a) Contributions and grants, if any, made by the central or the State Government, wherein is included even such contribution and the land - revenue realised in the State as the Government may determines; (b) Contributions and, grants, if any, made by the Zila Parishad (Sic) or any other local Authority; (¢c) Loans, if any, granted by the Central or the State Government or loans taken by the Zila Parishad against surety of its own assets; (d) All receipts on account of toll cess and fee items levied by it; (e) All receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works vested in, constructed by or placed under the Control and management of the Zila Parishad; ®) All sums received as gift or contribution and all income from any trust or endowment made in favour of the Zila Parishad. (2) Such fines and penalties imposed and realised under the provisions on this Act, as may be prescribed; (h) All other sums of received by or on behalf of the Zila Parishad; (7) Every Zila Parishad shall set apart and apply annually such sums as may be required to meet :- (a) To cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees and to the secretary; 91 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (b) Every Zila Parishad shall have power to spend such sums as it thinks fit for carrying out the purposes of this Act. (c) Zila Parishad Fund shall be vested in the Zila Parishad and the balance to the credit of the fund shall be kept in such custody as may be prescribed by the State Government from time to time. (8) Subject to such general control as the Zila Parishad may exercise from time to time, all orders and cheques for payment from the fund of the Zila Parishad shall bear the signature of the Executive Officer. (9) Subject to the provisions of any law concerned with raising of loans by the local authority for the time being in force, the Zila Parishad, with the approval of the State Government, may raise loans from time to time for the purposes of this Act and may create a deposit fund for redemption of such loans. (10) Zila Parishad, on the basis of specific schemes as may be prepared by the Zila Parishad for fulfillment of its purposes may take loans from the Government or with prior permission of the Government. Section 87 i) Assignment of funds to Panchayat - For such purposes and subject to such conditions and limits as the State Government may consider fit, the State Government may assign to any Gram Panchayat, Panchayat Samiti and Zila Parishad such taxes, tolls and fees as levied and collected by the State Government, and may give grants out of the consolidated fund of the State. (ii) Use of Panchayat Fund - (a) Subject to the provisions of this Act and the rules made there under, all the properties vested in the Panchayat and the Panchayat Fund shall be used for the purposes of this Act or for other purposes appertaining to activities related to general development of a Panchayat or for such other expenses as the State Government may, either on petition of a Panchayat or otherwise, approve in public interest. The Panchayat Fund shall be kept in the nearest Government Treasury or Sub treasury or Post Office or Nationalised Bank or Scheduled Bank or Regional Gramin Bank or its Branch; (b) The sums allocated to a Panchayat by the State Government or any other person or local Authority for any specific work or purpose shall be used exclusively for that very work or purpose and as per such instructions as the State Government may issue generally or especially in this behalf; 92 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (¢) In the case of Gram Panchayat, Panchayat Samiti or Zila Parishad, all the sums shall be withdrawn for the purpose of providing for an extensive work plan exclusively from the annual budget with prior approval of the General Administrative Committee of the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be; Provided that information with regard to all receipts in and withdrawals from the Panchayat Fund shall be placed before the next meeting of the Panchayat. Section 88 (1) Grant in aid to Panchayat - The State Government shall give to the Gram Panchayat, the Panchayat Samiti and the Zila Parishad such grant, in aid as may be determined on the basis of the recommendations of the Finance Commission. (2) Power to give grant in aid- Subject to the prior sanctions of the State Government or the prescribed Authority, the Gram Panchayat, the Panchayat Samiti or Zila Parishad may provide grants in aid for any work of public utility. Section 89 Transfer of immovable property - (1) Any immovable property vested in or belonging to the Gram Panchayat, the Panchayat Samiti or Zila Parishad shall be sold, gifted, mortgaged or exchanged or leased or transferred on the exclusive sanction of the State Government or any officer authorised on this behalf, and not otherwise. (2) The procedure of transfer of an immovable property shall be such as may be prescribed by the State Government. Establishment of Panchayats Section 90 (1) Establishment of Gram Panchayat - (a) The State Government or the prescribed Authority may appoint one Secretary for a Gram Panchayat or for one or more group of Gram Panchayat; Provided that a person holding charge of Secretary of a Gram Panchayat immediately before commencement of this Act shall continue to 93 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 work as such till appointment of a Secretary is made in according with this section; Provided further that no person shall assume charge of Secretary in a Gram Panchayat if he happens to be a relative of any Office-bearer of the concerned Gram Panchayat; (b) ~~ The Secretary shall be In-charge of the Office of the Gram Panchayat, and shall discharge all its functions and exercise all the powers conferred or imposed on him under this Act or any Rules or Bye-laws made thereunder upon; (¢) Gram Raksha Dal - A Gram Raksha Dal may be organized for every Gram Panchayat under a Chief Officer appointed in the prescribed manner for patrolling and security of the village, for preventing fire and embankment or bridges from being broken, for facing spread of epidemic, theft or dacoity, for maintaining public law and order and for carrying out works entrusted from time to time by the Government and all able persons of the Village in the age group of 18 to 30 years, shall be members of that Dal. (d) The State Government may frame rules for organizing Gram Raksha Dal and Rules for its works and conduct. ?) Establishment of Panchayat Samiti - (a) The State Government shall appoint an Executive Officer not below the rank of Deputy Collector for the Panchayat Samiti, who shall discharge the duties of Secretary of the Panchayat Samiti and shall be In-charge of the office of the Panchayat Samiti and exercise all the powers, conferred or imposed on him under this Act or any rules or bye-laws made thereunder; (b) The State Government shall appoint an Assistant Secretary through the Panchayat Directorate, who shall perform such functions and discharge such duties as may be entrusted by the State Government or the Executive Officer; (¢c) The Government shall make posting of officers and employees of the State Government to work under the Panchayat Samiti from time to time in such a number, as it deems necessary; (d) Notwithstanding anything contained in this Act or any other law for the time being in force, the Government or the other Authority authorised in this regard shall have power to transfer posted officers and employees as such from one Samiti to another; (e) Powers and function of the Executive Officers and other officers - 9% SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (i) Save as otherwise expressively provided by or under this Act, the Executive Officer shall - (a) Supervise and control implementation of all works of the Panchayat Samiti; (b) Determine, supervise and control the works of the officers and employees or office-bearer working under the Panchayat Samiti as per Rules framed by the Government; (c) Take necessary measures to execute all works and developmental schemes of the Panchayat Samiti expeditiously; (d) Secure all the papers and documents related with proceedings of the meetings of the Panchayat Samiti and its Committees. (e) Withdraw and disburse money out of the fund of the Panchayat Samiti; and (f) Exercise such other powers and discharge such other duties, as may be specified. (ii) The Executive Officer shall participate in every meeting of the Panchayat Samiti and he shall have the right to participate in any of the committees of the Panchayat Samiti and to take part in its discussion, but he shall not have the right to move any proposal or to vote. If any proposal mooted before the Panchayat Samiti is transgressive or is not in conformity with the provisions of this Act or any other law, rule or order made thereunder, it shall be his duty to draw the attention of Panchayat Samiti to towards this. 3) Establishment of Zila Parishad - (a) The State Government shall appoint a Chief Executive Officer of the rank of District Magistrate for every Zila Parishad, likewise the Government may appoint and Additional Chief Executive Officer for a Zila Parishad on the terms and conditions as specified and may also, as per requirement, appoint one or more than one Deputy Chief Executive Officer and Executive Officer who shall perform such functions and discharge such duties as may be assigned to them by the State Government or the Chief Executive Officer; (b) The Government shall also appoint a Chief Planning Officer and a Chief Accounts Officer for every Zila Parishad; (c) The State Government shall make posting of officers and employees of different grades and officers also for All India Service allocated for serving under the Government from time to time in every Zila Parishad in such number the government thinks necessary; 95 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (d) Notwithstanding any thing contained in this Act or any other law for the time being in force, the Government or any other officer or any other Authority authorised by it in this behalf shall have the power to transfer officers and employees posted as such from one district to another; (e) The State Government may constitute such services that may be prescribed from a date appointed for, for every prescribed Zila Parishad; (f) Functions of the Chief Executive Officer and other Officers - @) Save as otherwise expressively provided by or under this Act, the Chief Executive officer shall - (a) Execute the Policies and directives of the Zila Parishad and shall take necessary steps for expeditious execution of all works and development schemes of the Zila Parishad; (b) Control the officers and employees of the Zila Parishad subject to the general supervision and control of the Adhyaksha and the rules as prescribed: (c) Discharge the duties conferred by or under this Act or the Rules or regulations made thereunder; (d) Keep in custody all the papers and documents pertaining to the Zila Parishad; (e) Draw and disburse sums from the Zila Parishad funds and shall exercise such other powers and perform such other functions as may be vested in him; (ii) The Chief Executive Officer shall participate in every meeting of the Zila Parishad and he shall be entitled to participate in any of its committee and take part in discussion, but he shall have no right to moot any proposal or to cast vote. If any proposal mooted before the Zila Parishad is transgressive in the opinion of the Chief Executive Officer or is not in conformity with the provisions of this Act or any other law,. rule or order made thereunder, it shall be his duty to draw the attention of the Zila Parishad to wards this; (iii) The Chief Planning Officer shall advice the Zila Parishad in the matter of preparing a plan and shall be responsible for all the matters related with plans of the Zila Parishad in which preparation of plan for economic development and social justice and annual plan of the district is also included, and he shall be the Chief Executive Officer of the district planning unit constituted for the district planning committee. (iv) Chief Accounts Officer shall advise the Zila Parishad in matters of financial policy and shall be responsible for all matters concerned 9 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 with accounts of the Zila Parishad in which preparation of annual account and budget is also included and shall ensure that no expenditure whatsoever is done without proper sanction, and if done, it has to be done only in accordance with this Act and the rules and regulations made thereunder, and shall disallow any such expenditure which is not supported by this Act or rules or regulations or whereof no provision has been made in the budget. wv) Every person in possession of fund, accounts, records or other property related with Gram Panchayat or Panchayat Samiti or Zila Parishad shall, on demand in writing being made by the Chief Executive Officer in this regard, hand over the said fund or make over the said accounts, records or other property to the Chief Executive Officer or to the person authorised, in this behalf, to receive the same; (vi) The Chief Executive Officer may also take action to realise any amount payable by any person in the manner in which action for realization of arrears of land revenue from defaulters is taken and may issue search warrant for the purpose of obtaining the accounts, records or other property pertaining to Gram Panchayat or Panchayat Samiti or Zila Parishad and may exercise all such powers related therewith as is lawfully exercised by a Magistrate under the provisions of chapter (vii) of the code of Criminal Procedure, 1973 (Act 2 of 1974); (vii) Every person having knowledge about the where about of the fund, accounts, records or other property pertaining to the Gram Panchayat or Panchayat Samiti or Zila Parishad are lying hidden, shall be bound to give the said information to the Chief Executive Officer; (viii) An appeal shall lie before the State Government, against an order of the Chief Executive Officer under this section. Section 91 Alternative arrangement in absence of Secretary, Executive Officer and Chief Executive Officer - 1. During absence of Secretary of a Gram Panchayat, Executive Officer of a Panchayat Samiti or Chief Executive Officer of a Zila Parishad due to leave, retirement or death or resignation or transfer or otherwise, the prescribed Authority shall as soon as possible make such arrangement, to conduct the business of the office of the Secretary of the Gram Panchayat, The Executive Officer of the Panchayat Samiti and the Chief Executive Officer of the Zila Parishad respectively, as he thinks proper. A person while working in such office shall exercise all those powers which have 97 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 been conferred on the Secretary of a Gram Panchayat, The Executive Officer of a Panchayat Samiti, the Chief Executive Officer of a Zila Parishad as the case may be by this Act or the rules made thereunder; 2. The Secretary of a Gram Panchayat, the Executive Officer of a Panchayat Samiti, the Chief Executive Officer of a Zila Parishad as the case may be shall be responsible for keeping and maintaining the records of the Gram Panchayat, the Panchayat Samiti and the Zila Parishad; Section 92 Deputation of Government servants to Panchayats and Other appointments - 1. The State Government may depute such servants in service of the Panchayat whom it considers necessary; service conditions of the said deputed servants as such shall be such as may be prescribed by the State Government from time to time. 2. (a) Subject to the Provisions of Section (90), every Panchayat may, with prior approval of the prescribed Authority, depute or appoint such other officers and servants whom it considers necessary for efficient discharge of its duties. (b) Qualifications, method of recruitment, salary, leave, allowance and other conditions of service including disciplinary matters of such officers and employees shall be such as may be prescribed by the State Government; Taxation and Realisation of Claims Section 93 Taxation - [1] Taxation by a Gram Panchayat- @) Subject to the rules as may be made in this behalf and the maximum rate, specified a Gram Panchayat may impose yearly :- (a) Tax on occupant of a holding; (b) On professions, trades, callings and employments carried on or held within the local limits of its jurisdiction, a tax on the basis of total annual income, accrued from such profession, trades, callings and employments; (ii) ~~ Subject to the maximum rate as the Government, may prescribe, a Gram Panchayat may realize the following fees and rates, namely - 98 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 (a) Fees on registration of vehicles which are not registered under any other law in force at that time; (b) Fees for providing sanitary arrangement of such place of pilgrimage, haats and mela within its jurisdiction as may be specified by the Government, by notification; (c) Water tax, where an arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Gram Panchayat within its jurisdiction; (d) Lighting fees, where an arrangement for lighting of public streets and places is made by the Gram Panchayat within its jurisdiction; (e) Conservancy tax, where an arrangement for cleaning private latrines, urinals and cesspit is made by the Gram Panchayat within its jurisdiction; (iii) A Gram Panchayat may impose other taxes as may be specified by the State Government; (iv) The State Government may withdraw any taxation right transferred to a Gram Panchayat. (2) Taxation by a Panchayat Samiti - (i) Subject to such rules as may be made in this behalf and the maximum rates specified a Panchayat Samiti - (a) May realize toll of a ferry set up by it or under its management; (b) May realize the following fees and rates - 1) Fees on registration of such vehicles which are not registered under any other law in force at that time; 2) Free for providing sanitary arrangements at such places of pilgrimages, Haats, Melas within its jurisdiction as may be specified by the Government by notification; 3) Fees for license of hats and Bazaars; 4) Water tax, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Panchayat Samiti, within its jurisdiction; 5) Lighting fees where arrangement for lighting of public streets is made by the Panchayat Samiti within its jurisdiction; (ii) The Panchayat Samiti, within its jurisdiction, shall not register any vehicle or shall not realise fees and shall not provide for sanitation at 99 SREUS ISTE (SRTERY), AHER 21 Sa, 2008 places of pilgrimage and Melas or shall not realise fees at those places, if the said vehicle has already been registered by any other authority under any rule for the time being in force or provision for sanitation has already been made by any local authority; (iii) Norms of fees or tax and terms and conditions of their imposition shall be the same as provided by the bye-laws; (iv) In such a bye-law, provision may be made by exempting all or any of the taxes in respect of any category; (v) The Panchayat Samiti may impose other tax as specified by the State Government; (vi) The State Government may withdraw right of any taxation transferred to a Panchayat Samiti; (3) Taxation by a Zila Parishad @) Subject to the maximum rate as specified by the government, a Zila Parishad may impose the following taxes - (a) May impose ferry-toll at any ferry set up by it or lying within its management; (b) May impose fees and taxes on the following, namely - 1 Boat or conveyance registration fees; 2) Fees for providing sanitary arrangements at such places of pilgrimage and Melas within its jurisdiction, as may be specified by the Government by notification; 3) Fees on license for Melas etc; 4) Lighting fees where arrangements for lighting on public streets and place is made by the Zila Parishad within its jurisdiction; and 5) Water tax, where arrangement for supply of water for drinking, irrigation or any other purpose is made by the Zila Parishad within its jurisdiction; (ii) The Zila Parishad within its jurisdiction, shall not impose tax on any vehicle, which has already been registered by other authority under any rule for time being in force or if sanitation facilities has already been provided by any local authority at places of pilgrimage or Mela etc; (iii) Terms and condition of the taxes or fees shall be the same as provided by sub rules. Such sub-rules may provide for exemption of all taxes, or any of the taxes, in respect of fees or rate in any category; 100 REVS TOIE (SRR), AHIR 21 Sa, 2008 (iv) The Zila Parishad may impose other taxes as specified by the State Government; (v) The State Government may withdraw right of any taxation transferred to a Zila Parishad; Section 94 Panchayat Raj Fund - (1) At district level, a separate fund bearing the name of Panchayat Raj Fund shall be constituted and shall be operated in the manner as may be prescribed by the State Government. (2) Receipts (Proceeds) of the cess under section (93) or such other taxes under the Panchayat as may be specified by the State Government shall be deposited in the said Fund, after making deduction of such collection charges as may from time to time be determined by the State Government. (3) Receipts of additional stamp fees if any, shall at the first instance be deposited in the consolidated fund of the state in such a manner, as may be prescribed and the State Government may, at the commencement of every financial year, if such provision is made by appropriation (Bill) passed in this behalf by the Legislative Assembly, withdraw from the consolidated fund of the State such an amount which is equal to the receipts realised by the State Government in the preceding year. (4) Distribution of the amount amongst Panchayats - The consolidated amount in the Panchayat Raj Fund shall be distributed amongst the three-tier Panchayat in such manner and in such proportion as may be specified by the State Government. Section 95 1) Power of the State Government to regulate taxes - The State Government may make rules for regulation of imposition, assessment, collection and distribution of the shares of the taxes under section (93). 2) Any objection regarding any assessment shall be entertained only in accordance with the provisions of this Act or the rules made thereunder and not otherwise, and liability of a person for his being assessed or taxed shall be questionable under this Act or under the provisions made thereunder, not otherwise. 101 REVS TOIE (SRR), AHIR 21 Sa, 2008 Section 96 Giving market feet etc. on contract :- The Panchayat Raj may give on contract the work of collection of any fees specified by the Government through public auction in the prescribed manner. Section 97 Recovery of arrears - Under this Act any arrear in respect of - (a) Imposed tax or (b) Fee and (©) Fine under this Act, and (d) Any amount due shall be realised by the prescribed Authority, like land revenue. Section 98 Penalty for evasion of tax, fee - When a person fails to pay a tax, fee, rate or any amount due, he shall be liable to pay, besides the amount due, a fine at the prescribed rate on the said amount in consequence of procrastination. Section 99 Power of State Government with regard to giving relief in taxes- (1) Ifit appears to the State Government on a complaint made to it or otherwise that the burden of taxes imposed by a Gram Panchayat, Panchayat Samiti or Zila Parishad is excessive on tax payers, then after calling for a report from the Panchayat concerned, it may suspend or reduce the amount of any tax or the rate thereof. (2) The State Government, suo-motu or otherwise, after giving opportunity to the Panchayat to express its opinion on the subject, by an order may exempt wholly or partly any person or class of persons or any property or properties of any description whatsoever from payment of any tax on such conditions as may be specified in the said order. 102 REVS TOIE (SRR), AHIR 21 Sa, 2008 Control Section 100 Inspection of working of Panchayat - 1. The State Government, for inspection of the working of Gram Panchayats, the Panchayat Samities or the Zila Parishad, may duly authorize any such officers to inspect their working, subject to the specific rules. 2. The Officer authorized under sub-section (1), for the purposes of inspection of Gram Panchayats, the Panchayat Samities, the Zila Parishads, shall exercise such powers as may be prescribed. 3. The Office-bearer, officers and servants of the Gram Panchayat, the Panchayat Samiti and the Zila Parishad shall be obliged to give all such information and produce all such records as may be called for by the Inspecting Officer. Section 101 Powers to suspend the execution of order, etc. - 1. The State Government or the prescribed Authority, by an order in writing and for the reasons mentioned therein, may suspend, compliance of any order issued or any license or permission granted in view of resolution passed by a Panchayat or may prohibit performance of any function by a Gram Panchayat, if in his opinion - (a) Such resolution, order, license, permission or work has not been lawfully passed, issued, sanctioned or authorized; or (b) Such resolution, order, license, permission or work differs from the powers conferred by this Act or contravenes any law; or (c) By compliance of such resolution or order or by continuous in force of such license or permission or by doing so - (i) Loss, wastage or misuse of any sum vested in the Gram Panchayat, the Panchayat Samiti or Zila Parishad or damage of any property vested therein is expected. (ii) Adverse effect on public health, safety or convenience is expected; (iii) Injury or grievance to public or any class or body of persons is expected; or (iv) Breach of order is expected. 2. ‘Whenever any order under sub-section (1) is passed by the prescribed Authority, he shall, immediately and in every case within a maximum period of 10 days from the date of the order, forward a copy of the said order stating therein the details or 103 REVS TOIE (SRR), AHIR 21 Sa, 2008 the reasons thereof for doing so to the State Government or the Authority prescribed by the State Government so in the behalf and the State Government or the Authority prescribed by it may confirm the said order or cancel the same or revise the same or amend the same, or he may direct that the said order, with or without amendment, shall perpetually continue to be in force for such a period as envisaged by him. Provided that no order under sub-section (1) passed by the prescribed Authority shall be confirmed, cancelled, revised or amended by the State Government or the prescribed Authority unless reasonable opportunity of hearing against the proposed order is given to the concerned Gram Panchayat, Panchayat Samiti or Zila Parishad. Section 102 Power of the State Government to pass order for execution of works of the Panchayats in certain cases - (1) The State Government or the prescribed Authority, by an order in writing may give direction for performance of any of such duties or in respect of any of such works imposed on any of the Gram Panchayats, Panchayat Samities and Zila Parishads by or under this Act or by or under any other law for the time being in force, which is not performed or executed accordingly by any of them and the performance or execution whereof by the said Gram Panchayat, Panchayat Samiti or Zila Parishad is necessary in public interest in the opinion of the State Government or the prescribed Authority. (2) The Gram Panchayat, The Panchayat Samiti or the Zila Parishad shall be bound to comply the directions issued under sub- Section(l); and if it fails to comply. the State Government or the prescribed Authority shall have all the powers to get those directions complied at the cost of the Panchayat, if any, and in exercise of the said powers, he shall be entitled to the same protection and same limitation as is exercised in the case of the Gram Panchayat, the Panchayat Samiti or the Zila Parishad or its officers or servants. Section 103 Direction from Government- (1) Notwithstanding any thing contained in this Act, it shall be lawful for the Government to issue directions in matters of State and National policies and such directions shall be binding on the Gram Panchayats, Panchayat Samities and Zila Parishads. (2) The State Government - (a) May call for records or registers or other documents in possession or under the control of any Panchayat; (b) May require any Panchayat to furnish its returns, plans, estimates, stagnate accounts or statistics; and 104 REVS TOIE (SRR), AHIR 21 Sa, 2008 (c) May require any Panchayat to furnish any information or report on any matter connected with such Panchayat. Section 104 Enquiry in to the affairs of Panchayat by the State Government - (1) The Government may, at any time for the reasons to the recorded, caused an inquiry to be made by any of its officers in regard to any Gram Panchayat, Panchayat Samiti or Zila Parishad on any matters with respect to which the sanction approval, consent or orders of Government is required under this Act. (2) The officer holding such inquiry shall have the powers of the Civil Court under the Code of Civil procedure, 1908, to take evidence and to compel attendance of witnesses and production of documents for the purpose of inquiry. (3) The Government may make orders as to the cost of the inquiries made under sub-section (1) and as to the parties by whom and the funds out of which they shall be paid and such orders may, on the application of the commissioner of any person named therein be executed as if, it were a decree of a Civil Court. Section 105 Inspection of development schemes - (1) For the purposes of efficient and economical execution of the construction works or development - Schemes - under taken by a Gram Panchayat, Panchayat Samiti, Zila Parishad, an officer or person authorized by any general or specific order of the Government considers it necessary specified for that purpose to give technical guidance or assistance to any officer of or under the Gram Panchayat, Panchayat Samiti or Zila Parishad, who is charged with the execution or maintenance of any such construction works or development scheme, then the officer or person so authorized may for rightly inspect such construction works or development schemes to give such guidance, assistance or advise as he thinks necessary in relation to such construction works or development schemes and shall forward to the Gram Panchayat, Panchayat Samiti or Zila Parishad a report on the inspection made pointing out there in any irregularity noticed and this suggestions for improvement. (2) In implementing the plans or schemes all the rules of implementation applicable to Government Departments such as the purchase, tender, quality control, technical sanction accounts and audit and supervision shall mutatis mutandis be applicable. Section 106 Restrictions on withdrawal of powers and functions from the Panchayat - (1) Not with standing the Transfer of any powers, functions and duties in respect of any matters to a Panchayat under this Act, the Government on proposal 105 ARGUS TIE (SAEIRY), AHR 21 Sa, 2008 from the Gram Panchayat, Panchayat Samiti, Zila Parishad in that behalf or where it is satisfied that by reason of a change in the nature of the matter such as conversion of a primary health centre into a secondary health centre or hospital or conversion of a road into a high-way, the matter would cease to be a matter in the relevant Panchayat - functions- list and it is necessary to withdraw from the Panchayat the powers, functions or duties in respect of such matters, may, be notification in official Gazette, withdraw such powers, functions and duties with effect from the date specified in the notification and make such incidental and consequential orders as may be necessary to provide for matters including taking over of the rights and liabilities if any vested in the Gram Panchayat, Panchayat Samiti, Zila Parishad, and of the staff if any which may have been transferred to the Panchayat, as the case may be. (2) The Government may, by notification in the official Gazette, amend or add any activity, programme or scheme assigned to a Gram Panchayat, Panchayat Samiti or Zila Parishad under this Act. On the issue of such notification, the relevant Panchayat- functions list shall be deemed to have been amended accordingly. Every such notification shall be placed before the State Legislative Assembly. Section 107 Dissolution of Panchayats - (1) If at any time it appears to the State Government or the Prescribed Authority that a Gram Panchayat, Panchayat Samiti or Zila Parishad is persistently defaulting in performance of the duties imposed on it by or under this Act or any other Law for the time being in force or exceeds abuses its powers or does not obey any order of the State Government or the competent authority, then the authority as prescribed by the State Government, on holding such inquiry as he deems proper, may by an order dissolve the said Gram Panchayat, Panchayat Samiti or Zila Parishad and may order to constitute the same de novo. (2) No order under sub-section (1) shall be passed until (The Gram Panchayat, Panchayat Samiti or Zila Parishad), as the case may be, has been provided with reasonable opportunity to submit its explanation. A notice calling for explanation shall be addressed to the Mukhia, Pramukh or Adhyaksha of the Gram Panchayat, Panchayat Samiti or Zila Parishad respectively and shall be served as per provisions of section (148). Reply of the Panchayat as to the notice shall be submitted by a resolution of the Gram Panchayat, Panchayat Samiti or Zila Parishad. (3) On dissolution of a Gram Panchayat, Panchayat Samiti or Zila Parishad under sub-section (1) the following consequences, shall follow, such as:- (a) All the office - bearers shall vacate their respective office with effect from the date of such order; 106 REVS TOIE (SRR), AHIR 21 Sa, 2008 (b) All the powers and the duties of the Gram Panchayat, Panchayat Samiti or Zila Parishad shall, till its reconstitution, be exercised and performed by such person or such committee of persons as the State Government or prescribed Authority may appoint for this purpose, and where a committee of persons is so constituted a Chairperson (head) of the said committee shall also be appointed by the State Government or the prescribed Authority; (©) Where a committee is appointed under clause (b) of this sub-section, a member of the said committee duly authorised by it may file a suit or institute a proceeding on behalf of the Gram Panchayat, Panchayat Samiti or Zila Parishad or may enter defence in any suit filed or any legal proceeding instituted against them. (4) Any such person appointed to exercise the powers and perform the duties of the Gram Panchayat, Panchayat Samiti or Zila Parishad during the period of its dissolution may receive such payment for his services from the respective fund concerned as may be determined by the State Government by order. (5) A Gram Panchayat, Panchayat Samiti or Zila Parishad dissolved under sub- section (1) shall be reconstituted within a period of six months of its dissolution, such reconstituted Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be shall function for its remaining tenure; Provided that if the remaining tenure of a Gram Panchayat, Panchayat Samiti or Zila Parishad is less than six months, it shall not be reconstituted for the said tenure. Section 108 Liability of the members of Panchayat for its loss, misuse - (1) Every member, Office-bearer, officer or servant of a Gram Panchayat, Panchayat Samiti and Zila Parishad shall be personally responsible for any such loss, wastage or misappropriation of any fund or other property belonging to them, wherein he has been a party or which has been caused due to his Act of misconduct or gross negligence towards his duty. The amount required for compensating the said loss, wastage or misappropriation shall be recovered by the prescribed authority; Provided that no recovery under this section shall be made unless the person concerned has been given a reasonable opportunity of hearing. (2) If the person concerned fails to pay the amount, action for recovery of the said amount will be taken accordance to the prescribed procedure. 107 REVS TOIE (SRR), AHIR 21 Sa, 2008 Section 109 Dispute between Panchayats and other local authorities - (1) In case of any dispute arising between two or more Gram Panchayats or Panchayat Samities or Zila Parishads on one side and any other local authority on the other in respect of such a matter in which they are jointly interested, the said dispute shall be referred to the State Government and the decision of the State Government thereto shall be final; Provided that if the dispute is between the Gram Panchayat, Panchayat Samiti and Zila Parishad on the one side and the cantonment Board on the other, then the decision of the State Government shall be subject to approval by the Central Government. 2) The State Government, by the rules made under this Act, may regulate among the Panchayats and between Gram Panchayat, Panchayat Samiti or Zila Parishad and other local authorities, the relations regarding the matters in which they are jointly interested. Section 110 Appeal and revision - Appeal or revision against orders or proceedings of Gram Panchayats, Panchayat Samities or Zila Parishads as well as that of other authorities shall lie to such an Authority and in such a manner as may be prescribed. Section 111 Power to get back records and articles and to realise money - (1) Where the prescribed Authority is of the opinion that any person is keeping in his custody any record or articles or fund of a Gram Panchayat, Panchayat Samiti or Zila Parishad, in an unauthorized manner then he may, by an order in writing, require the said record or articles or fund to be delivered or paid immediately to the Panchayat in presence of such an officer as the prescribed Authority may appoint in this regard. (2) If a person does not deliver the records or articles or does not pay the fund as directed under sub-section(1) or denies so to do so, the prescribed Authority may punish him in the manner as may be prescribed by the State Government. (3) No action under Sub-Sections (1) and (2) shall be taken unless the concerned person is given a reasonable opportunity to show cause in this regard as to why such an action be not taken against him. (4) Any such person, against whom any action under this section is taken, shall be disqualified to be a member of a Panchayat for a period of six years from from the date of commencement of such action. 108 REVS TOIE (SRR), AHIR 21 Sa, 2008 Section 112 Delegation of Power - (1) The State Government may, by notification, delegate to its any subordinate officer or to any Panchayat all or any of the powers conferred on it by or under this Act, save the powers relating to making of rules. (2) Powers delegated under sub-section (1) shall be exercised according to the general or special orders issued by the State Government in this connection. (3) Various authority may prescribed by the State Government under this Act. Section 113 General Power of Control - All the officers, in all the matters concerned with this Act or the rules made thereunder, who are empowered to function by or under this Act, shall be under the control of the same authority under whose administrative control they usually perform the functions of their offices. Section 114 Finance Commission for Panchayats - 1) The State Government shall as soon as possible and thereafter on the expiration of every five years, constitute a Finance commission in the prescribed manner to review the financial position of the Gram Panchayats, Panchayat Samities and Zila Parishads and to advice and make recommendations to the Government on financial matters, which shall make recommendations on the following matters - (a) The Principles which should govern - (i) The distribution between the State and the Zila Parishads, Panchayat Samities and Gram Panchayat of the net proceeds of the taxes, duties, tolls and fees be livable by the Government which may be decided between them and allocation between Zila Parishads, Panchayat Samities and Gram Panchayats of their respective shares of such proceeds; (ii) The determination of the taxes, duties and fees which may be assigned to or appropriated by the Zila Parishads, Panchayat Samities and Gram Panchayats; (iii) The Grants - in - aid to Zila Parishads, Panchayat Samities and Gram Panchayats from the consolidated fund of the State; (b) The measures needed to improve the financial position of the Zila Parishads, Panchayat Samities and Gram Panchayats; 109 REVS TOIE (SRR), AHIR 21 Sa, 2008 (¢) Any other matter referred to the financial commission by the Governor in the interest of sound finance of the Zila Parishads, Panchayat Samities and Gram Panchayats; (2) The Finance Commission shall consist of a Chairman and two other members; (3) The Chairman and members of the Finance Commission shall possess such qualification and shall be appointed in such manner as may be prescribed by the Government; (4) The Finance Commission shall determine its own procedure; (5) The Chairman or a member of the Finance Commission may resign his office by writing under his hand and addressed to the Finance Secretary to the Government, but he shall continue in office until his resignation is accepted by the Government; (6) The causal vacancy created by the resignations of the member or Chairman under sub-section 5 or for any other reason may be filled by fresh appointment and a member or Chairman so appointed shall hold office for the remaining period for which the member or Chairman, in whose place he was appointed, would have held the office. (7) The Commission shall have the following powers in the performance of its functions; namely (a) To call for any record from any officer or Authority; (b) To summon any person to give evidence or to produce records; and (c) Such other powers as may be prescribed. (8) The Governor shall cause every recommendation made by the Finance Commission under this section, together with an explanatory memorandum as to the action taken thereon, to be laid before the Legislative Assembly. CHAPTER - XII Penalty Section 115 Penalty for functioning as member of a regional area of Gram Panchayat, as member of a regional constituency of Panchayat Samiti / Zila Parishad, as Mukhia / Up- Mukhia of Gram Panchayat, as Pramukh / Up- Pramukh of Panchayat Samiti, as Adhyaksha / Upadhyaksha of Zila Parishad, when disqualified - 110 REVS TOIE (SRR), AHIR 21 Sa, 2008 (1) If a member of any regional area of the Gram Panchayat or a member of any regional constituency of the Panchayat Samiti / Zila Parishad having knowledge of the fact that he is not entitled to hold the office or has ceased entitlement to hold office in that capacity, functions as a member of the regional area of the Gram Panchayat (or) as a member of the regional constituency of the Panchayat Samiti / Zila Parishad, he, on conviction, shall be penalized by the prescribed authority with such fine as may be prescribed by him for each day on which he sits in his official capacity or votes. (2) If a Mukhia or Up- Mukhia, Pramukh or Up- Pramukh, Adhyaksha or Up- Adhyaksha having knowledge of the fact that he is not entitled to hold office or has ceased being entitlement to hold office in that capacity, functions in that capacity, he, on conviction, shall be penalized by the prescribed authority with such fine as may be determined by him for each day on which he works or functions in the said capacity. Section 116 Provision of Penalty against voting by interested members - If any member, despite being interested in the matter under consideration before the Panchayat, votes in the said matters, he, on conviction, shall be penalized with such fine as may be prescribed by the prescribed authority. Section 117 Provision of Penalty against acquisition of interest by a member office- bearer or servant in any agreement - If a member or office - bearer or servant of a Panchayat knowingly acquires directly or indirectly any personal; share or interest in an agreement entered into or any employment made with or by or on behalf of the Panchayat without being allowed or permitted by the prescribed authority, then as to him it shall be held that he has violated the contract and shall be penalized for this under the Indian Penal Code. Section 118 Provision of Penalty for causing obstruction in official duty - If a person deprives any officer or servant of the Panchayat or any such person whom the said officer or servant has lawfully delegated his powers of going to or into any place, building or land, of his lawful rights of going to or enter the said place; building or land, it shall be held that he has committed an offence under the Indian Penal Code and shall be awarded such punishment as may be determined by the prescribed authority. 111 REVS TOIE (SRR), AHIR 21 Sa, 2008 Section 119 Provision of Penalty for obliteration of official notice, signal or sign. Any person, who removes, destroys, defaces or otherwise obliterates any notice published or any signal or any sign made by the Panchayat or its officer or under its orders without permission of an authority in that behalf, shall be penalized under the Indian Penal Code. Section 120 Provision of Penalty for giving false information or for not giving information. Any such person who is required by or under this Act or the rules made thereunder or by any notice or by any other process issued thereunder to give any information, withholds such information or deliberately gives false information, on being proved guilty shall be punished. Section 121 Restriction on bidding and provision of Penalty - Any member or servant of the Panchayat or any such officer thereof, who has to discharge any duty in respect of sale of movable, immovable property under this Act is restricted to bid directly or indirectly for any property to be sold and he shall not acquire any interest therein. The person found guilty of such act shall be punished. Section 122 Provision of compensation for damages to the Panchayat - If by any default or negligence in duty any person has done any such work against the provisions of this Act which has caused any damage to the property of the Panchayat, he shall be under obligation to compensate for such damage, moreover he may be punished in the prescribed manner by the prescribed authority. CHAPTER - XIII District Planning Committee Section 123 (i) In the light of the Provisions of Articles 243ZD of the constitution of India, there shall be constituted in every district a District Planning committee to consolidate the plans Prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole and to exercise such other powers as may be assigned to it from time to time by the State Government. (ii) Every Committee shall, in preparing the draft development plan, have regard to : 12 REVS TOIE (SRR), AHIR 21 Sa, 2008 (a) Matters of mutual general importance between the municipal bodies and the Panchayats; (b) Planning accordingly to regional speciality; (¢c) Mutual Sharing of water and other physical and natural resources; (d) Integrated development of infrastructure and environmental and its Conservation; (e) Extent and type of available resources whether financial or otherwise; (iii) The Committee may obtain advice from such institutions and organisations as the State Government may specify. Section 124 Powers of the Committee - (a) The Committee shall, with regard to the functions of the Government, exercise such powers as may be notified or allocated to it by the state Government under this Act; (b) The State Government may prescribe and notify the manner in which such powers, notified or allotted as such to the committee, may be exercised; (c) While exercising the said powers the committee shall be deemed to be a bodies subordinate to the State Government and it shall exercise these powers on behalf of and for the state government. Section 125 Composition of the District planning committee (a) The district planning committee of different districts shall consist of such number of members as may be specified by the state government by notification. ® Three - fourth members of the total number of members shall be elected in the prescribed manner by the elected members of the Zila Parishad and Municipal Bodies as the case may be, of the district from amongst them. (ii) The number of members to the elected from within the rural and urban areas shall bear the same possible nearest proportion, as the population of the rural and urban areas, as the case may be, bears the proportion in the district. (c) The remaining members of the committee shall be - 113 REVS TOIE (SRR), AHIR 21 Sa, 2008 (i) A minister of the Jharkhand State, who will be nominated by the State Government, shall be the chairman of the committee; (ii) District Magistrate / Deputy Commissioner of the district who shall be the Member secretary of the committee; (iii) Chief Executive Officer of the Zila Parishad, who shall be the member - cum - additional Secretary; (iv) Chief Planning Officer - member; (v) Where the number of the members specified by the state Government, in the committee is - (a) 15, then 1 (one) member , and (b) 20, then 2 (two) members shall be nominated by the state government ; Provided that the tenure of office of such members shall be such as may be determined by the state government. (vi) Specially invited permanent members- (a) Such members of Lok Sabha and the State legislative Assembly whose constituencies fall in that district; (b) Member of the Rajya Sabha, registered as a voter in the district. (¢) Adhyaksha of the Zila Parishad and the chairman / mayor of the Municipal Bodies shall also be permanent specially invited members in case they have not been elected as member of the committee; (vii) Specially invited temporary members, The committee may nominate experts of its own field as specially invited members; Provided that such invited members may give suggestions in their field of expertise alone and they shall not have the right to vote on any issue. Section 126 Tenure of office of the elected members i) As soon as an elected member of the District Planning Committee ceases to be a member of the municipal body or the Zila Parishad, he shall cease to be a member of the committee; (ii) If any vacancy occurs due to above mentioned sub - section (i) or death or resignation, the same shall be filled up in the prescribed manner. 114 REVS TOIE (SRR), AHIR 21 Sa, 2008 Section 127 Functions of the Committee - The District Planning Committee shall perform the following functions:- (a) Identification of local needs and objectives within the perspective of national and state goal; (b) Collection, compilation and updating of statistics of the natural and human resources of the district so that preparation of a decentralized plan on the basis of solid data base and preparing a blueprint of the resources of the district and blocks may be facilitated; (c) Tabulation and mapping of the facilities available at village, block and district levels; (d) Policy - making and fixing of programmes and priorities for rational exploitation, use and development of the natural and human resources available in the district; (e) Preparing blueprints of five year and annual plans for the district, consolidating the plans prepared by the Panchayat and the municipal bodies and assigning the same to the state government for inclusion in the state - plan; f) Preparing employment scheme for the district; (g) Estimating financial resources for funding the district plan ; (h) ~~ Making provision for funding of regional and sub - regional plans under the blue print of the comprehensive district development plan; (i) Persuasion, evaluation and review of plans of the central domain, centre sponsored plan, plan of the State domain and the local area development schemes funded by a Member of Parliament and a Legislator in the district; ©) Submission of progress reports of the plans within the district to the State Government; (k) Ensuring cooperation of non government organisations in the process of all around development of the district; Identifying plans and programmes relating to institutional finance and tagging them with the district development plan and providing necessary financial support; (m) Advising the State Government regarding the important plans of the State domain in the process of the overall development of the district; (n) Other functions assigned by the State Government, besides this. 115 REVS TOIE (SRR), AHIR 21 Sa, 2008 Section 128 Secretary and Assistant Secretary of the Committee - (a) District Magistrate / Deputy Commissioner shall be the ex-officio secretary of the District Planning Committee, who shall be responsible for preparing records of important matters presenting if before the Committee, and for issuing notices of decision and for doing causal ancillary functions; (b) The State Government may appoint the Chief Executive officer of the Zila parishad as Assistant Secretary who shall discharge the functions and duties as per direction of the Secretary and, in his absence, that of the Secretary. Section 129 Constitution of Sub- Committees - (i) Keeping the functions of the District Planning Committee in view, the following Sub- Committees consisting of members from amongst the members of the District Planning Committee shall be constituted in the prescribed manner: (a) Rural development Sub- Committee; (b) Agricultural Development Programme Sub- Committee; (c) Urban Development Sub-Committee; (d) Irrigation Development Programme Sub-Committee; (e) Scheduled Castes, Scheduled Tribes, Other Backward Classes and weaker section development and women and child development programme persuasion Sub-Committee; ) Employment generation and availability Sub-Committee; (2) Public Health and family welfare Sub-Committee; (h) Education Sub-Committee; @) Water supply Sub-Committee; [©] Road and Transport, development Sub-Committee; (k) Sub Committee for determining use of land situated in investment area; Sub-Committee for persuasion of the development work of the M.P.s. and Legislators Area Development Schemes; (ii) The District Planning Committee may nominate expert of a field as a member in every Sub-committee; (iii) Every Sub-Committee may give suggestions only to the District Planning Committee on the subjects concerned; 116 REVS TOIE (SRR), AHIR 21 Sa, 2008 Section 130 Meeting of the Committee - (a) The meeting of the committee shall be held at least once in every two months or as the State Government may specify; (b) Meeting of the Committee shall be held at district head quarters at an appointed date and time; (c) The Chairman or in his absence the member elected by a majority votes by the members shall preside over the meeting; (d) The Committee may invite the experts in its meeting; (e) Travelling and other allowance shall be paid to the non - Government expert members as prescribed by the State Government; f) The Committee may determine its own working procedure subject to the rules made therefore by the State Government and the guide - lines issued by the State Government; (2) Briefs of the matters to be placed before the Committee shall be Prepared by the district heads of the concerned departments as that in the case of cabinet meetings; (h) District level officers /district heads of all departments shall positively participate in the meetings of the District Planning Committee and shall perform the functions and duties specified by the State Government; (i) The orders issued on behalf of the State Government on the decisions taken by the District Planning Committee may be issued under the specified rule at the district level itself, the State Government may make appropriate rules in this regard and may also withdraw the rights delegated accordingly if it thinks proper in the interest of the nation and the State; [©] A cell / unit shall be set up under the control of the chief planning officer for conducting business relating to the District Planning Committee; (k) The State Government, under the process of administrative decentralization and with the object of removing the intricacy of administrative work, may, besides the functions, duties and rights transferred to the three - tier Panchayats and Municipal bodies, delegate such functions, duties and rights of the State Government as it (the State Government,) deems proper, and may make rules in this behalf; [©] An executive Committee of the District Planning Committee shall be constituted in the prescribed manner for prescribed functions, which shall be presided by the District officer who happens to be the Secretary of the District Planning Committee, and the members of this committee shall be the heads of all the departments posted in the district and others as may be prescribed. The Chief Planning officer shall be the member-Secretary of the said executive Committee. 117 ARGUS TIE (SAEIRY), AHR 21 Sa, 2008 CHAPTER-XIV Rules and Bye-laws. Section 131 Power of Government to make rules - (1) The Government may after previous publication of the draft for not less than one month by notification in the official gazette make rules to carry out the purposes of this Act. (2) A rule under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement and laid before the legislative Assembly. Subject to any notification made under this Act, every rule made under the Act shall have effect as if enacted in this Act. (3) In making a rule under this section the Government may provide that a person guilty of breach thereof, on conviction, be punished with fine which may extend to five hundred rupees and where the breach is a continuing one, with further fine which may extend to twenty five rupees for every day on and after the first day on which the breach continues. Section 132 Power of Gram Panchayats to make bye-laws - (1) A Gram Panchayat may, subject to the provisions of this Act and the rules made thereunder and with the precious sanction of the Zila Parishad, make bye-laws to carry out the purposes of this Act in so far as it relates to its powers and duties. (2) In particular and without prejudice to the generality of the foregoing powers, a Gram Panchayat may make such bye-laws as may be required to discharge the functions and duties entrusted to it under this Act. (3) In course of making any by-laws under sub-sections (1) and (2) the Gram Panchayat may provide that a contravention thereof shall be punishable with such fine as may be prescribed. (4) Any such bye-laws may also provide that a person contravening the same shall be required to remedy the mischief, if any, caused by such contravention, so far as it lies in his power. (5) All bye-laws made under this section shall be subject to the condition of previous publication and such publication shall be such as may be prescribed. 118 REVS TOIE (SRR), AHIR 21 Sa, 2008 Section 133 Power of Panchayat Samiti to make regulations - (1) A Panchayat Samiti may, subject to the provisions of this Act and the rules made under and with the previous sanction of the Government, by notification, make regulation to carry out the purposes of this Act in so far as it relates to its powers and duties. (2) The regulations made under sub-section (1) shall be subject to the condition of previous publication and such publication shall be in such manner as may be prescribed. Section 134 Power of Zila Parishad to make regulations - (1) A Zila Parishad may subject to the provisions of this Act and the rules made thereunder and with the previous sanction of the Government, by notification, make regulation with a view to carry out the purposes of this Act in so far as it relates to its powers and duties. (2) The regulations made under sub - section (1) shall be subject to the condition of previous publication and such publication shall be in such manner as may be prescribed. Section 135 Power to make model bye-laws - (1) The Government may, subject to the Provisions of this Act and the rules made thereunder and after previous publication of the draft for not less than one month, make model regulations and bye-laws for Gram Panchayats, Panchayat Samities and Zila Parishads. (2) A Gram Panchayat, Panchayat Samiti or Zila Parishad shall, by passing a resolution, adopt the model bye-laws or regulations, as the case may be, made under sub-section (1), and such bye-laws and regulations shall come into force within the justification of the Gram Panchayat, Panchayat Samiti or Zila Parishad from such date as the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, may specify in a notice published in the prescribed manner. 119 REVS TOIE (SRR), AHIR 21 Sa, 2008 CHAPTER - XV Budget, Account and Audit Section 136 Budget and accounts of Panchayats - (1) Every Panchayat shall in such from and in such manner and by such date, as may be prescribed, prepare every year a budget estimate of its receipts and expenditure for the following year. (2) The budget estimate prepared under sub-section (1) shall be approved by such authorities and in such manner, as may be prescribed. (3) The annual accounts and administrations report shall be presented to the prescribed authority in the prescribed manner. Section 137 Audit of Panchayats - (I) The State Govt. shall select or constitute an institution for audit of accounts of the Panchayats. 2) The audit fee, if any, to be paid for audit of accounts of the Panchayats and the manner of action on audit reports shall be such as may be prescribed. CHAPTER - XVI Miscellaneous Section 138 Determination of Elected member after census - Upon the publication of figures of each census, the number of elected members of a panchayat shall be determined by the State Government on the basis of the population of the Panchayat area as ascertained at that census. Provided that the determination of the number as aforesaid shall not affect the then composition of the Panchayats until the expiry of the term of office of the elected members then in office. Section 139 Bar on any suit against Panchayat or its any committee or its office-bearer, officer or servant. No suit shall be brought against any Panchayat or its any Committee or any office- bearer, officer or servant or against any person working under the direction of any such Panchayat, its Committee, Office-bearer, officer or servant in respect of any thing which has been done bonafide or has been required to be done bonafide under this Act or any rule or bye-laws made thereunder. 120 REVS TOIE (SRR), AHIR 21 Sa, 2008 Section 140 Renunciation of suit for want of notice - (1) No suit can be brought against any Panchayat or its any office- bearer, officer or servant or any person working as per the direction of any of the authorities mentioned in this Act in respect of any such suit which has been brought or is required to be brought under this Act until a lawful notice has been duly served. (2) Every such suit shall be dismissed unless the alleged suit has been lodged within six months from the date of the occurrence. 3) On non-compliance of the procedure formulated under sub-sections (1) and (2), the suit lodged shall not be deemed to be pending. Section 141 Bar to other action as to taxes, etc. - (1) Any objection regarding evaluation, assessment or levy shall not be done in a manner other than the manner provided in this Act or the rules made thereunder. (2) No suit shall be brought against any Panchayat or its any Office-bearer, officer or servant for loss or for specific compliance on the ground that any duty specified in this Act was not complied with. Section 142 Members or servants of Panchayat shall be public servants- Every officer - bearer of the Panchayat and its every officer or servant shall be considered public servant under section (21) of the Indian Penal Code, 1860. Section 143 Work of Panchayat shall not to be unlawful due to vacancy or defect in constitution procedure - No work of the Panchayat shall be deemed to be illegal on the ground that - (a) There is any vacancy or there is any defect in its constitution; or (b) There is any defect in election, association or appointment of any person functioning as an officer bearer; or (c) There is any such irregularity in its procedure which does affect disposal of the matter. 121 REVS TOIE (SRR), AHIR 21 Sa, 2008 Section 144 Acquisition of land- (1) ~~ Where any land is required for this purpose and the Panchayat is unable to acquire the same by an agreement, then the State Government, on request of the said Panchayat and on recommendation of the District Magistrate, may take action to acquire the same under the relevant provisions of the land Acquisition Act, and on payment of the compensation adjudged under the said Act and of all other charges incurred by the State Government with respect to those proceedings, by the Panchayat, the said land shall rest in the Panchayat for which it was so acquired. (2) The Panchayat shall not, without prior permission of the State Government, transfer any such land, which has been acquired under sub-section(1), nor shall it use the said land for any purpose other than the purpose for which it was acquired. Section 145 The Central Government or the State Government shall not obtain any license or permission - Notwithstanding any thing contained in this Act or any rule or bye-law made thereunder, the Central or State Government shall not be required to obtain, in particular, any permission or license with respect to any property of the said Government or any place in occupation or under control of the said Government. Section 146 Bar on remuneration to members, etc. - (1) Any remuneration or allowance whatsoever to any member of the Panchayat shall be paid only in accordance with the rules made in this regard. and not otherwise. (2) Allowances to Pramukh, up- Pramukh and other members :- The Pramukh, the up-Pramukh and every member of the Panchayat Samiti shall be entitled to get meeting fees and allowances as prescribed. (3) Allowances to Adhyaksha, up- Adhyaksha and other members:- The Adhyaksha, the up-Adhyaksha and every member of the Zila Parishad shall be entitled to get meeting fees and allowances as prescribed. Section 147 Record, etc. of the Panchayat may be inspected:- Subject to the rules made under this Act and on payment of such fees as may be prescribed, the records of the Panchayat and its any committee may be examined by the persons who desire to do so, and certified copies thereof shall be supplied to the persons who apply therefore, on payment of such fees, as may be prescribed. 122 REVS TOIE (SRR), AHIR 21 Sa, 2008 Section 148 Mode of serving documents, etc:- Save provided otherwise in this Act, any notice or other document shall be served in the prescribed manner under this Act or any rule, bye-law or order made thereunder. Section 149 Entry etc. for purposes of the Act :- It shall be lawful for the officers of a Panchayat or an officer authorised on its behalf by the said Panchayat that he/ along with such Assistants whom he deem necessary, enter any land or building or in respect of any work relating to the said Panchayat, between sun-rise and sun-set; Provided that any building, which is in occupation of that time shall be entered into until a twenty four hour notice in writing has been served; Provided further also that in case of a building used as human - dwelling, the social and religious customs of the occupants shall be duly kept in mind. Section 150 Bar to interference by courts in electoral matters :- The validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies made or purporting to be made under this Act shall not be called in question in any court. Section 151 Election Petition :- (1) An election held under this Act shall be called in question only by filing a petition in the prescribed manner and not otherwise, to - (i) The sub divisional officer in matters of a Gram Panchayat; (ii) ~~ The District magistrate/ Deputy Commissioner in matters of a Panchayat Samiti; and (iii) The Divisional Commissioner in matters of a Zila Parishad. (2) No such petition shall be entertained unless it is filed within a period of thirty days from the date on which the election in question was notified. (3) Such petition shall be examined and disposed of according to the procedure, as may be prescribed. Section 152 Grounds for declaring election to be void :- (1) Subject to sub-section (2), if the prescribed authority is of opinion- 123 REVS TOIE (SRR), AHIR 21 Sa, 2008 (a) That on the date of his election, a returned candidate was not qualified, or was disqualified, to be chosen as a member under this Act; or (b) That any corrupt practice has been committed a returned candidate or his agent, or with the consent of a retuned candidate or his agent; or (c) That any nomination paper has been improperly rejected; or (d) That the result of the election, in so far as it concerns a returned candidate, has been materially affected- @) by the improper acceptance of any nomination; or (ii) by any corrupt practice committed in the interest of the returned candidate by an agent; or (iii) by the improper reception, refusal or rejection of any vote or reception of any vote which is void; or (iv) by any non-compliance with the provisions of this Act or of any rules or order made thereunder; the prescribed authority shall declare the election of the returned candidate to be void. (2) If in the opinion of the prescribed Authority any agent of a returned candidate has been guilty of any corrupt practice, but the prescribed Authority is satisfied- (a) That no such corrupt practice was committed at the election by the candidate and every such corrupt practice was committed contrary to the orders and without the consent of the candidate; (b) That the candidate took all reasonable measures for preventing the commission of corrupt practices at the election; and (C) That in all other respect the election was free from any corrupt practice on the part of the candidate or any of his agent; Then the prescribed authority may decide that the election of the returned candidate is not void. Section 153 Grounds on which a candidate other than the returned candidate may be declared to have been elected - (1) If any person, who has, filed an election petition had in addition to calling in question election of the returned candidate claims a declaration that he himself or any other candidate has been duly elected and the prescribed authority is of opinion - (a) That in fact the petitioner or such other candidate received a majority of the valid votes; or 124 REVS TOIE (SRR), AHIR 21 Sa, 2008 (b) That but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of valid votes; The prescribed Authority shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected. (2) The decision of the prescribed Authority shall be final. Section 154 Corrupt practices - The following shall be deemed to be corrupt practice for the purposes of this Act - (i) Bribery as defined in clause (1) of section 123 of the representation of the people Act, 1951 (Central Act 48 of 1951) for the time being in force; (ii) Undue influence as defined in clause (2) of the said section for the time being in force; (iii) appeal by a candidate or his agent or by any other person with the consent of the candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of or appeal to national symbols such as the national flag or the national emblem, as the furtherance of the prospects of the election of that candidate for prejudicially affecting the election of any candidate; (iv) Promotion of or attempt to promote feelings of enmity or hatred between different classes of the citizens of India on the grounds of religion, race, caste, community or language by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the election of that candidate to or for prejudicially affecting the election of any candidate; (v) The publication by a candidate or his agent or by any other person with the consent of the candidate or his agent or any statement of fact which is false and which he either believes to be false or does not believe to be true in relation to the personal character or conduct of any candidate or in relation to the candidature or withdrawal of any candidature being statement reasonably calculated to prejudice the prospects of that candidate's election. (vi) The hiring or fuelling, whether on payment or otherwise, any vehicle or vessel by a candidate or his agent or by any other person with consent of a candidate or his agent, or the use of such vehicle or vessel for free conveyance of any voter (other than the candidate himself, the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act; Provided that the use of any public transport vehicle or vessel or railway carriage by any voter at his own cost for the purpose of going to or 125 REVS TOIE (SRR), AHIR 21 Sa, 2008 coming from any such polling station or places fixed for the poll shall not be deemed to be a corrupt practice under this clause. Explanation - In this clause, the word vehicle means any 'vehicle' used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise whether used for the drawing of other vehicles or otherwise; (vii) The holding of any meeting at which intoxicating liquors are served; (viii) The issuing of any circular, placard or poster having reference to the election which does not bear the name and address of the printer and publisher thereof; (ix) Any other practice which the government by rule specify to be a corrupt practice. Section 155 Order as to corrupt practices - The corrupt practices referred to under this Act shall entail disqualification for membership of any local authority for a period of 5 years counting from the date on which the finding of the prescribed authority as to such practices takes effect under this Act. Section 156 Communication of orders - The prescribed authority shall after announcing the order under this Act send a copy thereof to the District Magistrate. Section 157 Changing the head quarters of a Gram Panchayat and division, amalgamation and alteration of a Gram Sabha :- (1) The governor or the authority authorized by him may, by an order in writing, change the head-quarters of a Gram Panchayat, or may bring about changes in the limits of a Gram Panchayat by including any adjoining area or local area or by excluding there from any such local area which is included in it, or may amalgamate two or more Gram Panchayats and may instead of them constitute one Gram Panchayat, or may divide any Gram Panchayat area and may instead of it constitute two or more Gram Panchayat areas; Provided that no order under this section shall be made unless an advertisement inviting suggestions and objections regarding this in the manner as may be prescribed is published and the objections are considered into. (2) On an order under sub-section (1) having been issued, the governor or prescribed authority shall pass such consequential orders as may be imperative. 126 REVS TOIE (SRR), AHIR 21 Sa, 2008 Section 158 Disestablishment of a village :- (1) The Governor or the authority authorised by him may, by an order in writing, disestablish a village; Provided that such order shall not be made unless such notice of the proposal, inviting objections by the date specified therein from the persons likely to be affected thereby, is published in the prescribed manner and the objections received are considered into. (2) On an order under sub-section (1) having been issued, the governor or prescribed authority may pass such consequential order as may be necessary. Section 159 Alteration in limits of a Panchayat Samiti and a Zila Parishad :- (1) The governor may, by notification, bring about changes (in the head quarter of any Panchayat Samiti) or its limits by including any local area which is situated nearly or by excluding any such local area which is included therein. Provided that no such notification shall be issued unless a notice to this effect inviting objections from the persons likely to be affected by the changes to be brought about in the limits of the Panchayat Samities, by the date to be specified therein, is published in a prescribed manner and the objections received are considered into; Provided further also that any such notification regarding change in the head quarters of a Panchayat Samiti shall be issued only for the purpose of a change of the head quarters situated outside the limits of the Panchayat Samiti to leaving it with in place the limits of the Panchayat Samiti and not otherwise. (2) On a notification under sub-section (1) having been issued, the governor or the authority prescribed by him may pass such consequentional orders as are necessary. (3) On any change in the limits of a district, the State Government may pass such consequential orders about the Zila Parishad, as be needed. Section 160 Power of Government to dissolve and reconstitute Panchayats when the limits of panchayat areas are altered - (1) When on account of the reason that the limits of a Panchayat area are altered, the Government may, by order published in the official gazette, dissolve such Panchayat from a date specified in the order and direct that the Gram Panchayat, Panchayat Samiti or Zila Parishad concerned - 127 REVS TOIE (SRR), AHIR 21 Sa, 2008 (i) Be reconstituted for the Panchayat area of which the Gram Panchayat or the Block of which the Panchayat Samiti, Or the District of which the Zila Parishad has been dissolved; or (ii) Be established for a Panchayat area, Block or District which has been newly constituted. (2) The members of the dissolved Gram Panchayat, Panchayat Samiti or Zila Parishad, under sub-section (1), shall vacate their respective offices from the date specified in the order of the government. (3) The Gram Panchayat, Panchayat Samiti or Zila Parishad reconstituted or established under the provisions of sub-section (1) shall consists of members nominated by the government and such members shall as far as may be practicable the persons who were members of the Gram Panchayat, Panchayat Samiti or Zila Parishad which has been dissolved under sub-section (1). (4) The Mukhia / Pramukh or Adhyaksha of Gram Panchayat / Panchayat Samiti or Zila Parishad shall be elected in the manner provided for in this Act. (5) The term of the Gram Panchayat, Panchayat Samiti or Zila Parishad so reconstituted or established shall be for such period not exceeding six months as the government shall by order specify. (6) Before the expiry of the term of the Gram Panchayat, Panchayat Samiti or Zila Parishad constituted under sub- section (5), every Gram Panchayat, Panchayat Samiti or Zila Parishad shall be constituted in the manner as provided by this Act. Provided that where the remainder of the period for which the dissolved Gram Panchayat, Panchayat Samiti or Zila Parishad would have continued, is less than six months, it shall not be necessary to hold an election under this section for constituting a Gram Panchayat, Panchayat Samiti or Zila Parishad for such period. (7) A Gram Panchayat, Panchayat Samiti or Zila Parishad constituted under sub- section (6) shall continue only for the remainder of the period for which the dissolved Gram Panchayat, Panchayat Samiti or Zila Parishad would have continued had it not been so dissolved. (8) When a Gram Panchayat, Panchayat Samiti or Zila Parishad has been dissolved and reconstituted or established under this section, such of the Gram Panchayat, Panchayat Samiti or Zila Parishad fund and other property vested in the Gram Panchayat, Panchayat Samiti or Zila Parishad which has been dissolved shall vest in and such portion of the debts and obligations shall be transferred to the Gram Panchayat, Panchayat Samiti or Zila Parishad reconstituted or established under this section as the Government may by order in writing direct. 128 REVS TOIE (SRR), AHIR 21 Sa, 2008 (9) The rights and liabilities of the Gram Panchayat, Panchayat Samiti or Zila Parishad which has been dissolved, in respect of civil and criminal proceedings, contracts, agreements and other matters or things arising in and relating to any part of the area subject to the authority of the Gram Panchayat, Panchayat Samiti or Zila Parishad reconstituted or established shall vest in such Gram Panchayat, Panchayat Samiti or Zila Parishad. (10) Any appointment, notification, notice, tax, order, scheme, license, permission, rule, regulation or from made, issued, imposed or granted by the Gram Panchayat, Panchayat Samiti or Zila Parishad, which has been dissolved in respect of any part of the area subject to the authority of the Gram Panchayat, Panchayat Samiti of Zila Parishad which has been reconstituted or established, shall be deemed to have been made, issued, imposed or granted by such Gram Panchayat, Panchayat Samiti or Zila Parishad unless and until it is suspended by any appointment, notification, notice, from, order, scheme, license, permission, rule, regulation or from made, issued, imposed or granted by such Gram Panchayat, Panchayat Samiti or Zila Parishad. (11) If any difficulty arises in giving effect to the provisions of the preceding sub- sections, the government may, by order published in the official gazette, as the occasion may require, do any thing which appears to it to be necessary to remove the difficulty. Section 161 Management of Government lands - Any Government lands transferred to a Panchayat shall be managed by the said Panchayat according to such rules as the government may make in this behalf. Section 162 Administrative control of Panchayats over projects, schemes etc. :- (1) Subject to any general or special order of the State Government notified in the official gazette, the function and administrative control of all State Government institutions, projects, schemes and offices located within the Gram Panchayat, shall vest in the Gram Panchayat. (2) Where the institutions, projects, schemes and offices serve the areas of more than one Gram Panchayat, their function and administrative control shall vest in the Panchayat Samiti. (3) Where the institutions, projects, schemes and offices serve the area beyond that of a Panchayat Samiti, their function and administrative control shall vest in the Zila Parishad. Illustrations:- (a) Function and administrative control of the primary, middle and secondary Schools, health sub- centers, hand pumps, irrigational 129 REVS TOIE (SRR), AHIR 21 Sa, 2008 tube wells etc., which serve within the area of one Gram Panchayat shall vest in a Gram Panchayat; (b) Function and administrative control of the Health sub-centres etc., which serve in areas of more than one Gram Panchayat, shall vest in a Panchayat Samiti; (c) Function and administrative control of the referral Hospitals etc., which serve an area extending to more than one Panchayat Samiti, shall vest in the Zila Parishad; (d) Functions of the officers and employees of the State Government and the power of administrative control over those serving in these institutions, projects and schemes as well as offices shall vest in the Panchayat concerned but for their dismissal, removal or reduction in rank. The State Government shall specify a clear mechanism relating to such administrative control. Section 163 Removal of difficulties:- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the official Gazette, as the occasion may require, do anything which appears to it to be necessary to remove the difficulty. CHAPTER - XVII Repeal and Savings The Bihar Panchayat Raj Act, 1947 (Bihar Act 7 of 1948), the Bihar Panchayat Samiti and Zila Parishad Act, 1961 (Bihar Act 6 of 1962) and the Bihar Panchayat Raj Act, 1993, are hereby repealed. Provided that such repeal shall not affect - (1) The previous operations of the said enactments or any thing duly done or suffered thereunder ; or. (2) Any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments; or (3) Any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or (4) Any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, forfeiture or punishment as afore said and any such investigation, legal proceeding or remedy that might have been instituted, continued or enforced, and any such penalty, forfeiture or punishment that might have been imposed, as if this Act has not been passed; 130 ARGUS TIE (SAEIRY), AHR 21 Sa, 2008 (5) Not withstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Acts, shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing or action was done or taken. (1) Agriculture with agriculture extension. (2) Land development and land conservation. (3) Minor irrigation, water management and water shed development. (4) Animal husbandry, dairy and poultry. (©) Pisciculture. (6) Social forestry and farm forestry. 7) Minor forest produce. (8) Small industry with food processing industry. (9) Khadi, Village industry and cottage industry. (10) Rural housing. (11) Drinking water. (12) Fuel and fodder. (13) Roads, culverts, bridges, ferry, water - ways and other means of communication. (14) Rural electrification including electricity distribution (15) Non - conventional sources of energy. (16) Poverty alleviation programme. (17) Education including Primary and Secondary schools. (18) Technical training and professional education. (19) Adult and non-formal education. (20) Library. (21) Cultural activities. (22) Markets and fairs. (23) Health and hygiene with hospitals, primary health centers and dispensaries. (24) Family welfare. (25) Women and child development. (26) Social welfare with welfare of disabled and mentally retarded persons 131 REVS TOIE (SRR), AHIR 21 Sa, 2008 (27) Welfare of weaker sections particularly of the Scheduled Castes and the Scheduled Tribes. (28) Public Distribution system. (29) Maintenance of community assets. By the order of Governor of Jharkhand, Prasant Kumar, Joint Secretary to the Government.