State Act

Jharkhand Panchayat Raj Act, 2001_English

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 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; (f) All sums received as gift or contribution and all income from any trust or endowment made in favour of the Zila Parishad. (g) 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; (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.