State Act

Jharkhand Panchayat Raj Act, 2001_English

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; (d) The entire night soil, garbage and obnoxious material collected from streets, lavatories, urinals, sewage system, cesspits and other places or dumped on street by the Gram Panchayat; (e) All public lamps, lamp-posts and apparatus connected therewith and related or appertaining there to; (f) All buildings erected by the Gram Panchayat and all lands, and buildings or the property transferred to the Gram Panchayat by the central or state government or acquired by gift, purchase or otherwise for local public purposes; (g) All public channels, water sources, springs, tanks, ghats, reservoirs, cisterns, wells, aqueducts, conducts, tunnels, pipes, pumps and other water works whether made, laid or erected at the cost of the Gram Panchayat or otherwise and all bridges, buildings, fuel, works materials and things connected therewith or appertaining thereto and also any adjacent land (not being private property) appertaining to any pubic tank. Provided that water pipes and water works, connected therewith or appertaining thereto which with the consent of the Gram Panchayat are laid or set up in any street by the owners of any mill, factory, industry, works-shop or the like, primarily for the use of their employees shall not be deemed to be public water works by reason of their being used by the public. (3) The State Government may, by notification, exclude any street, bridge or drain from the operation of this Act or of any specific section of this Act; Provided that if the cost of construction of the work had been paid from the Gram Panchayat Fund, such works shall not be excluded from the operation of this Act or any specific section of this Act except after consideration of the views of the Gram Panchayat in a meeting. (4) The State Government may allocate to a Gram Panchayat any public property situated within its local jurisdiction and thereupon such property shall vest in and come under the control of the Gram Panchayat. (5) The State Government may take back any property allocated to a gram panchayat under sub-section (4). For such transfer no compensation other than the amount paid by the Gram Panchayat or the market value, of any building erected or any work executed by the Gram Panchayat on the said property, prevalent on the date of the taking back, shall be payable; Provided that no compensation in respect of the buildings, structures or works constructed or erected in contravention of the terms and conditions of the vesting shall be payable. (6) For every Gram Panchayat there shall be constituted a Gram Panchayat Fund bearing the name of Gram Panchayat and this shall be placed to the credit thereof - (a) Contributions and grants if any, made by the central or the state government; (b) Contributions and grants if any, made by the Zila Parishad, Panchayat Samiti or any local Authority; (c) Loans if any, granted by the central or the state government; (d) All receipts on account of taxes, rates and fees levied by it; (e) All receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works vested in, constructed by or placed under the central or and management of the Gram Panchayat; (f) All sums received as gift or contribution and all income from any trust or endowment made in favour of Gram Panchayat; (g) Such fines and penalties imposed and realised, under the provisions of this Act as may be prescribed; (h) All other sums received by or on behalf of the Gram Panchayat. (7) Every Gram Panchayat shall set a part and apply annually such sums as may be required to meet- (a) The cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees and to the secretary; (b) Every Gram Panchayat shall have the power to spend such sums as it thinks fit for carrying out the purposes of this Act; (c) The Gram Panchayat fund shall be vested in the Gram Panchayat and the balance to the credit of the fund shall be kept in such custody as may be prescribed. (8) In the matter of Gram Panchayat, the entire amount may be withdraw from the gram panchayat fund by joint signature of the Mukhia and the Secretary.