JPR Act 90अध्याय IX · Establishment of Panchayats

धारा 90 · Establishment of Gram Panchayat

(1)

(a)

The State Government or the prescribed Authority may appoint one Secretary for a Gram Panchayat or for a group of Gram Panchayat more than one:

Provided that a person holding charge of Secretary of a Gram Panchayat just immediately before commencement of this Act shall continue to work as such till appointment of a Secretary is made according to this section;Provided further also that no person shall assume charge of Secretaryship in a Gram Panchayat if he happens to be a relative of any Office-bearer of the concerned Gram Panchayat;

(b)

The Secretary will be Incharge of the Office of Gram Panchayat, shall discharge all its functions and shall exercise all the powers under this Act or any Rules or Bye-laws made thereunder, or those conferred or imposed thereby;

(c)

Gram Raksha Dal - For village patrolling and guarding, for preventing fire and embankment or bridge being broken, for facing spread of epidemic, theft or dacoity, for maintaining law and order and for doing the work entrusted at times by the government, a Gram Raksha Dal may be organised for every Gram Panchayat under a Chief Officer appointed in the prescribed manner and all abled persons of the village aged 18 to 30 years will be members of that Dal;

(d)

The State Government may make rules for organising Gram Raksha Dal and Rules for its duties and conduct.

(2)

Establishment of Panchayat Samiti -

(a)

The State Government will appoint an Executive Officer for the Panchayat Samiti, who will not be below the rank of a Deputy collector and who will discharge the liabilities of Secretary of the Panchayat Samiti and will be Incharge of the Panchayat Samiti Office and will exercise all the powers under this Act or any rules or bye-laws made thereunder or those conferred or imposed thereby;

(b)

The State Government will appoint an Assistant Secretary through the medium of Panchayat Directorate, who will perform such functions and discharge such duties as may he instructed by the State Government or the Executive Officer;

(c)

The government will from time to time post for working under the Panchayat Samiti, officers and employees of the State Government 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 by it in this regard shall have power to transfer the such posted officers and employees from one Samiti to another Samiti;

(e)

Powers and duties of the Executive Officers and other officers -

(i)Save as otherwise ostensibly provided by or under this Act, the Executive Officer shall -

(a)Supervise and control execution of all works of the Panchayat Samiti;

(b)Determine, supervise and control the duties 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 this.

(3)

Establishment of Zila Parishad -

(a)

The State Government shall appoint a Chief Executive Officer for every Zila Parishad, who will be an officer of the rank of District Magistrate. Likewise, the government may appoint an Additional Chief Executive Officer for a Zila Parishad on the terms and conditions as specified and may also, as per need, appoint one or more than one Deputy Chief Executive Officer and Executive Officer who will 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, from time to time, post officers and employees of different grades as well as All India Service Officer allotted for serving under the government, in every Zila Parishad in such number as 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 such posted officers and employees from one district to another district;

(e)

The State Government may constitute such services from an appointed date for every such prescribed Zila Parishad, as may be prescribed;

(f)

Functions of the Chief Executive Officer and other Officers -

(i)Save as otherwise specifically 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)Subject to the general supervision and control of the Adhyaksha and the rules as prescribed, shall control the officers and employees of the Zila Parishad;

(c)Shall discharge the duties conferred by or under this Act or the Rules or regulations made thereunder;

(d)Shall keep in custody all the papers and documents pertaining to the Zila Parishad;

(e)Shall draw and disburse money from the Zila Parishad funds and shall exercise such other powers and shall 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 committee of its and to take part in its 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 this;

(iii)Chief Planning Officer shall advice the Zila Parishad in 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 on matters of financial policy and shall be responsible for all matters concerned with accounts of the Zila Parishad wherein 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 wherefor no provision has been made in the budget.

(v)Every person in possession of money, accounts, documents 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 money or make over the said accounts, documents or other property to the Chief Executive Officer or to the person authorised, in the demand, to receive the same;

(vi)Chief Executive Officer may also take action to realise any money payable by any person in the manner in which action for realisation of arrears of land revenue from defaulters is taken and may issue search warrant for the purpose of obtaining the accounts, documents or other property pertaining to Gram Panchayat or Panchayat Samiti or Zila Parishad and may exercise all such powers related therewith as may be 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 of where the money, accounts, documents 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.

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