State Act

Jharkhand Panchayat Raj Act, 2001_English

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 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; (c) 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. (2) 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 - (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; (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 - (i) 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 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. (v) 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.