State Act

Jharkhand Panchayat Raj Act, 2001_English

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. (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; (c) 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; (g) 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. (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.