Chapter XII STAFF OF ZILLA PANCHAYAT

196. Chief Executive officer and other officers. - (1) The Government shall appoint an officer not below the rank of the Deputy Commissioner of a district as Ch ief Executive Officer of the Zilla Panchayat: 1[Provided that if a suitable officer not below the rank of the Deputy Commissioner of a District is not available for appointment as Chief Executive Officer of the Zilla Panchayat, the Government may 2[XXX]2 appoint an officer of the Karnataka Administrative Service (Selection Grade) or an officer belonging to the Development and Local Government Branch of the Karnataka General Services holding a post in a Grade equal to that of the Karnataka Administrative Se rvice (Selection Grade) as Chief Executive Officer of the Zilla Panchayat.]1 (2) The Government shall also appoint a Chief Accountants officer, 1[a Chief Planning Officer]1 and one or more Deputy Secretaries for each Zilla Panchayat. (3) The Government shall post from time to time to work under every Zilla Panchayat such number of other officers a nd officials of the State Government (including any officers and officials appointed to such services from amongst persons employed by existing local authorities) and officers of the All India Service as the Government considers necessary. (4) Notwithsta nding anything contained in this Act or any other law for the time being in force the Government or any other officer or other authority authorised by it in this behalf shall have power to effect transfer of the officers and officials so posted either with in the district or from one district to another district. (5) The Government may as from the specified day constitute such services for each Zilla Panchayat as may be prescribed.

197. Functions, powers and duties of the Chief Executive Officer and othe r officers. - (1) 1[2[Save as otherwise expressly provided by or under this Act]2, the Chief Executive officer shall perform the following functions: -]1 144 (a) exercise all the powers specially imposed or conferred upon him by or under this Act, or under any other law for the time being in force; 1[(b) control the officers and officials of, or holding office under the Zilla Panchayat subject to the gen eral superintendence and control of the Adhyaksha and such rules as may be prescribed.]1 1[(bb) discharge all duties imposed and exercise all the powers conferred on him under this Act and the rules made there under and perform such functions entrusted to him by the Government from time to time]1. (c) supervise and control the execution of all works of the Zilla Panchayat; (d) take necessary me asures for the speedy execution of all works and developmental schemes of the Zilla Panchayat; (e) have custody of all meeting papers and documents connected with the proceedings of the meetings of the Zilla Panchayat and its Committees; (f) draw and d isburse monies out of the Zilla Panchayat fund; and (g) exercise such other powers and discharge such other functions as may be prescribed. (2) The Chief Executive Officer shall attend every meeting of the Zilla Panchayat and shall have right to attend the meeting of any Committee thereof and to take part in the discussion but shall not have right to move any resolution or to vote. 1[If in the opinion of the Chief Executive Officer any proposal or resolution before the Zilla Panchayat or any Committee o r any order of the Adhyaksha is violative of, or inconsistent with, the provisions of this Act, or any other law or rule or order made thereunder or any financial regulation or budget provision or is in derogation of the functions and powers of the Zilla P anchayat, or its committee or the Adhyaksha, it shall be the duty of the Chief Executive Officer to advise the Zilla Panchayat or the committee or the Adhyaksha in the form of a written note containing the reasons for his opinion and specifying the law, ru le, order, regulation or provision with which the proposal or resolution or order is inconsistant and if the proposal or resolution or order has been considered and passed by the Zilla Panchayat or the committee or the Adhyaksha before such advise is tende red, the Chief Executive Officer may resubmit the proposal or resolution or order with his advice after such examination as he considers necessary.]1 1[(3) If the Zilla Panchayat or any of its committee s or the Adhyaksha passes the resolution or order without resolving the inconsistency referred to in sub -section (2) it shall be the duty of the Chief Executive Officer, not withstanding any other provisions in this Act, to forward forthwith to the Governm ent under intimation to the Adhyaksha a copy of the said resolution or order along with his written note and he shall not implement such resolution or order otherwise than as decided by the Government: Provided that if the Government does not communicat e its decision within 2[thirty days]2 from the date of receipt of such letter, the Chief Executive Officer shall take action to implement such resolution of the Zilla Panchayat or the committee or the order of the Adhyaksha.]1 145 (4) The Chief Accounts Officer shall advice the Zilla Panchayat in matters of financial policy and shall be responsible for all matters relating to the accounts of the Z illa Panchayat including the preparation of the annual accounts and budget. (5) The Chief Accounts Officer shall ensure that no expenditure is incurred except under proper sanction and in accordance with this Act and the rules and regulations made thereun der and shall disallow any expenditure not warranted by the Act or the rules or regulations for which no provision is made in the budget. (6) The Deputy Secretary shall assist the Chief Executive Officer in the performance of his duties.

198. Chief Exec utive Officer's right to requisition records, etc. - (1) Every person in possession of moneys, accounts, records, or other property pertaining to a Grama Panchayat or Taluk Panchayat or Zilla Panchayat shall on the requisition in writing of the Chief Execu tive Officer for this purpose, forthwith hand over such moneys or deliver up such accounts, records or other property to the Chief Executive Officer or the person authorised in the requisition to receive the same. (2) The Chief Executive Officer may also take steps to recover any money due by such person in the same manner and subject to the same provisions as in the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) for the recovery of the arrears of land revenue from defaulters; and for the purp ose of recovering the accounts , records or other property appertaining to the Grama Panchayat or Taluk Panchayat or Zilla Panchayat may issue a search warrant and exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). (3) Every person knowing where any moneys, accounts, records or other property appertaining to a Grama Panchayat or Taluk Panchayat or Zilla Panchayat ar e concealed, shall be bound to give information of the same to the Chief Executive Officer. (4) An appeal shall lie from an order of the Chief Executive Officer under this section to the 1[Government]1. CHAPTER XIII TAXES AND FEES