|     New Section  |        140 A   Procedure to seek opinion/ ratification of Panchayat Talukas on new projects,   policies or activities proposed by Zilla Panchayat: (1) Zilla Panchayat   may initiate discussion on any new project or policy or activity either on   its own or on request from State Government or on request from one or more   Panchayat Talukas or on a request from a group of citizens in that district.   If a group of citizens wishes to get any proposal discussed in a Zilla   Panchayat meeting, it should be signed by at least 100 voters of that   district. (2) In either of these   cases, a copy of the proposal with all related documents shall be sent to all   Panchayat Talukas requesting them to discuss it in their next Panchayat   Taluka meeting and get their opinion.  (3) If the proposal is   accepted by all Panchayat Talukas, the proposal shall be treated as having   been passed by the Zilla Panchayat.  (4) If, however, some   of the Panchayat Talukas reject it or express doubts or seek clarifications,   the Zilla Panchayat members or such other members from affected Panchayat   Talukas or such other people as the Zilla Panchayat deems fit, may address   those Panchayat Talukas in specially convened meetings for this purpose to   remove their doubts. Efforts shall be made to remove doubts, modify proposal,   wherever required, to address genuine concerns and thus persuade all sections   of society to come to a consensus.  |   
|     141. Assignment of functions.-(1) The Government may   assign to a Zilla Panchayat functions in relation to any matters to which the   executive authority of the Government extends or in respect of functions   which have been assigned to the State Government by  the Central Government.   |        141. Assignment of functions.-(1) The Government may   assign to a Zilla Panchayat functions in relation to any matters to which the   executive authority of the Government extends or in respect of functions   which have been assigned to the State Government by the Central Government.  However, the   government shall make appropriate budget and manpower available to Zilla Panchayat   to implement the same.  |   
|     (2)   The Government may, by notification, withdraw or modify the functions   assigned under this section.   |        Delete  |   
|     142. Standing Committees.-(1) The Zilla Panchayat   shall have the following Committees (hereinafter called the 'Standing   Committees'), namely: (a) General Standing Committee;  (b) Finance, Audit and Planning Committee;  (c) Social Justice Committee;  (d) Education and Health Committee;  (e) Agriculture and Industries Committee;  (f) Taluka Development Committee.   |        142. Standing Committees.-(1) A Zilla Panchayat   shall constitute such standing committees and such other special committees   as it deems fit. These committees shall function in such manner and perform   such functions as may be provided by Zilla Panchayat.  |   
|     (2) Each Standing Committee   shall consist of such number of members not exceeding five elected by the   members of the Zilla Panchayat from amongst the members.   |        Delete  |   
|     (3) The Adhyaksha shall be   the Ex-officio Member and Chairman of the General &tanding Committee and   the Finance, Audit and Planning Committee. The Upadhyaksha shall be the   Ex-officio Member and Chairman of the Social Justice Committee. The other   Standing Committees shall elect the Chairman from amongst their members.   |        Delete  |   
|     (4) No member of the Zilla   Panchayat shall be eligible to serve on more than two Standing Committees.   |        Delete  |   
|     (5) The Chief Executive   Officer shall be the Ex-officio Secretary of all the Standing Committees.   |        Delete  |   
|     (6) The Standing Committees shall perform such functions as   may be specified in the regulations made by the Zilla Panchayat.   |        Delete  |   
|     143. Delegation of powers.-The Zilla Panchayat   may by notification, delegate to the  Chief Executive Officer or other officer, any   of the powers conferred by or under this Act on the Zilla Panchayats.   |        Delete  |   
|     144. Power to divert   discontinue or close road.-(1) The Zilla Panchayat may, by notification,   tum, divert, discontinue or permanently close any road which is under the   control and administration of, or is vested in the Zilla Panchayat.   |        Delete  |   
|     (2)   Before issuing a notification under sub-section (1), the Zilla Panchayat   shall publish in such manner as may be prescribed, a notice of its proposal   inviting objections and shall take into consideration any objections received.     |        Delete  |   
|     145. General powers of   Zilla Panchayat.-(1)   The Zilla Panchayat shall have powers to do all acts necessary for or   incidental to, the carrying out of the functions entrusted or delegated to it   and, in particular, and without prejudice to the foregoing powers, to   exercise all powers specified under this Act.   |        |   
|     (2) Subject to the   general or special orders of the Government, a Zilla Panchayat may, (a) incur expenditure on education or medical   relief outside its jurisdiction;  (b) provide for carrying out any work or   measure likely to promote the health,  safety, education, comfort, convenience or   social or economic or cultural well-being of the inhabitants of the district;    (c) contribute to   associations of All India, State or Inter-State level, concerned with the   promotions of local Government and to exhibitions, seminars and conferences   within the district related to the activities of Panchayat and Zilla   Panchay~t; and  (d) render financial or other assistance to any person for   carrying on in the district any such activity which is related to any of the   functions of the said bodies.   |        Delete  |   
|     |        (3) Zilla Panchayat   shall have the power to seek any information from any officer of the Gram   Panchayat, Taluka Panchayat or state Govt related to the functioning of their   district or any information which could have some kind of bearing on their   district. Such officer shall provide information within such time as directed   by Zilla Panchayat, but such time shall not be less than a week.  |   
|     |        (4) Zilla Panchayat   shall have the power to summon any officer who is related to the functioning   of any activity in that district to the Zilla Panchayat meetings whenever   problems respecting their departments are to be discussed.  |   
|     146. Control of unwieldy traffic.-A Zilla Panchayat may   subject to such rules as may be prescribed and to the regulations framed by   the Zilla Panchayat, notify that any road vested in it shall not be used by   any ,vehicle of such form, construction, weight or size, or laden with such   machinery or other unwieldy objects as may be deemed likely to cause injury   to the roadway or to any construction thereon or risk or obstructions to   other vehicles or to pedestrians except under the license issued by the Chief   Executive Officer and in accordance with the regulations framed from time to   time as regards speed, time, fees, mode of traction or locomotion, use of   appliances for protection of the roadway, number of lights and assistants and   tlther general precautions.   |        146. Control of unwieldy traffic.-A Zilla Panchayat may   subject to such rules as may be prescribed and to the regulations framed by   the Zilla Panchayat, notify that any road vested in it shall not be used by   any ,vehicle of such form, construction, weight or size, or laden with such   machinery or other unwieldy objects as may be deemed likely to cause injury   to the roadway or to any construction thereon or risk or obstructions to   other vehicles or to pedestrians except under the license issued by the Chief   Executive Officer and in accordance with the regulations framed from time to   time as regards speed, time, fees, mode of traction or locomotion, use of   appliances for protection of the roadway, number of lights and assistants and   tlther general precautions.  Provided   that opinion/ ratification of Panchayat Talukas shall   be sought before making any such notification.  |   
|     147.   Powers and duties of the Adhyaksha.-The Adhyaksha of the Zilla Panchayat shall, (a) convene, preside at and   conduct meetings of the Zilla Panchayat;   |        |   
|     (b) discharge all duties imposed and exercise all the   powers conferred on him by or under this Act or perform such functions   entrusted to him by the Government from time to time;   |        (b) discharge all duties imposed and exercise all the   powers conferred on him by or under this Act.  |   
|     (c) exercise such   administrative supervision and control over the Chief Executive Officer for   securing implementation of resolutions or decisions of the Zilla Panchayat or   of the Standing Committees which are not inconsistent with the provisions of   this Act, or any general or specific directions issued under this Act;   |        (c) exercise such   administrative supervision and control over the Chief Executive Officer and   all other employees of the Zilla Panchayat for securing implementation of   resolutions or decisions of the Zilla Panchayat or of any Committee(s) of the   Zilla Panchayat   |   
|     |        (cc) Exercise such   other powers, perform such other functions and discharge such other duties as   the Zila Panchayat may by general resolution direct;  |   
|     (d) exercise overall supervision over the financial and   executive administration of the Zilla Panchayat and place before the Zil1a   Panchayat all the questions connected therewith which shall appear to him to   require its order and for this purpose may call  for records of the Zilla   Panchayat; and   |        (d) Zilla Panchayat   shall take all decisions and it shall be the duty of Adhyaksha to ensure   their due implementation.  |   
|     (e) have power to accord sanction up to a   tcrtal sum of rupees one lakh in a year for the purpose of providing immediate   relief to those who are affected by natural calamities in the district:  Provided that the Adhyaksha shall place at the   next meeting of the Zilla Panchayat for its ratification, the details of such   sanctions.   |        Delete  |   
|     148. Powers and duties of the Upadhyaksha.-The Upadhyaksha of   the Zilla Panchayat shall, (a) exercise the powers and   perform the functions of the Adhyaksha when he is absent on leave or   incapacitated from functioning; and  (b) in the absence of the Adhyaksha, preside over the   meetings of the Zilla Panchayat.     |        |   
|     149. Mode of making contracts.-(1) Every contract   or agreement entered into on behalf of the Zilla Panchayat, shall be binding   on the Zilla Panchayat only if the said contract or agreement is executed in   accordance with the provisions of this section.   |        |   
|     (2) The Chief Executive Officer shall execute   contract or agreement on behalf of the Zilla Panchayat in respect of matter   which he is empowered to carry out under the provisions of this Act. He may   execute such contract or agreement on behalf of the Zilla Panchayat upto such   amount of value of contract or agreement as may be specified by the   Government from time to time. In the other cases, he shall execute a contract   or agreement only with the sanction of the Zilla Panchayat.   |        |   
|     CHAPTER   VII  Staff of   Zilla Panchayat   |        |   
|     150. Chief Executive Officer and other Officers.-(1) The Government   shall appoint an officer not below the rank of the Collector of a district as   Chief Executive Officer of the Zilla Panchayat.   |        150. (1) The Zilla   Panchayat shall directly appoint its Chief Executive Officer by following the   procedure laid down in Schedule 9. The Zilla Panchayat may make appropriate   modifications in the method suggested in Schedule 9.  |   
|     (2) The Government shall also   appoint a Chief Accounts Officer and such other officers as considered   necessary.   |        (2) The Zilla   Panchayat shall directly appoint such number of employees as it deems fit by   following the procedure laid down in Schedule 9. Those employees transferred   by the government shall become the employees of Zilla Panchayat. Zilla   Panchayat shall not adversely alter their terms and conditions of service. On   their retirement, the Zilla Panchayat shall directly recruit such employees.   At the time of making fresh recruitment on such posts, the Zilla Panchayat   may alter terms and conditions of service for such posts.   |   
|     (3) Notwithstanding anything   contained in this Act or any other law for the time being in force, the   Government or any other officer or other authority authorized by it in this   behalf shall have power to effect transfer of the officers and officials so   posted either within the district or from the district to another district.   |        (3) A   Zilla Panchayat may from time to time engage such number of paid or honorary   functionaries or professionals as may be required by it for carrying out its   functions.  |   
|     (4) The Government may, as from the specified day,   constitute such services for Zilla Panchayats as may be prescribed.   |        (4) The state   government shall provide the Zilla Panchayat with adequate funds to set up   and run the Zilla Panchayat secretariat. The Zilla Panchayat shall provide a   fixed lumpsum amount every year, to be increased for at least inflation every   year, to each Zilla Panchayat. However, Zilla Panchayat shall be competent to   spend more amounts on secretariat out of its own resources, if it feels   necessary.  |   
|     151. Functions, powers and duties of the Chief Executive   Officer and other Officers.-(1) Save as otherwise expressly provided by   or under this Act, the Chief Executive Officer shall, (a) exercise all the powers   specially imposed or conferred upon him by or under this Act or under any   other law for the time being in force;   |        151. Functions, powers and duties of the Chief Executive   Officer and other Officers.-(1) Save as otherwise expressly provided by   or under this Act, the Chief Executive Officer shall, (a)   exercise all the powers specially imposed or conferred upon him by or under   this Act  |   
|     |        (aa) carry out the policies and directions of   the Zila Panchayat;  |   
|     (b) lay down the duties of   and supervise and control the officers and officials of, or holding office   under the Zilla Panchayat in accordance with rules made by the Government;   |        (b) control the   officers and servants of the Zila Panchayat subject to the general superintendence   and control of the Adhyaksha and such rules as may be prescribed by Zilla   Panchayat;  |   
|     (c) supervise and control the   execution of all works of the Zilla Panchayat;   |        (c) supervise the execution   of all works of the Zilla Panchayat;   |   
|     (d) take necessary measures for the speedy execution of all   works and development Schemes of the Zilla Panchayat;   |        (d) take necessary measures for the speedy execution of all   works and development Schemes of the Zilla Panchayat as the Zilla Pachayat   guides him to do;   |   
|     (e) have custody of all   papers and documents, connected with the proceedings of the meetings of the   Zilla Panchayat and its Committees;   |        (e) have custody of   all papers and documents relating to ZilaPanchayat; and allow public   inspection thereof whenever anyone from the public desires to do so and   provide copies therefof whenever such a request is received from the public   as per procedures laid down by Zilla Panchayat  |   
|     (f) draw and disburse moneys   out of the Zilla Panchayat Fund; and   |        |   
|     (g) exercise such other powers and discharge such other   functions as may be prescribed.   |        (g)   exercise such other powers and discharge such other functions as may be   prescribed by Zilla Panchayat.  |   
|     |        (h) He/   she shall be responsibvle to ensure that all legal requirements expected of   Zilla Panchayat are fulfilled.  |   
|     (2) The Chief Executive   Officer shall attend every meeting of the Zilla Panchayat and any Committee   thereof and take part in the discussion but shall not have the right to move   any resolution or to vote. If in the opinion of the Chief Executive Officer,   any proposal before the Zilla Panchayat is violative of or inconsistent with   the provisions of this Act or any other law or the rules or orders made   thereunder, it shall be his duty to bring the same to the notice of the Zilla   Panchayat.   |        |   
|     (3) The Chief Executive officer shall within fifteen days   from the date of the meeting. of the Zilla Panchayat or of its Committees,   submit to the Government every resolution of the Zilla Panchayat or any of   its Committees which in his opinion is inconsistent with the provisions of   this Act or any other law; and he shall not implement such resolution   otherwise than as decided by the Government.     |        Delete  |   
|     (4) The Chief Accounts   Officer shall advise the Zilla Panchayat in matters of financial policy and   shall be responsible for all matters relating to the accounts of the Zilla   Panchayat including the preparation ofthe annual accounts and budget.  (5) The Chief Accounts   Officer shall ensure that no expenditure is incurred except under proper   sanction and in accordance with this Act and the rules and regulations made   thereunder and shall disallow any expenditure not warranted by this Act or   the rules or regulations made thereunder for which no provision was made in   the budget.   |        |   
|     (6) All Officers of the Zilla Panchayat shall assist the   Chief Executive Officer in the performance ofhis duties.   |        |   
|     152. Chief Executive officer's right to requisition   records, etc.-(1)   Every person in possession of moneys, accounts, records or other property   pertaining to a Panchayat shall on the requisition in writing of the Chief   Executive Officer for this purpose, forthwith handover such moneys or deliver   up such accounts, records or other property to the Chief Executive Officer or   the person authorized in the requisition to receive the same.   |        152. Chief Executive officer's right to   requisition records, etc (1) Every tier shall have the powers to requisition   records of any tier, above or below it. For instance, any Gram Sabha shall   have the powers to requisition records of its own Panchayat Taluka or zilla   Panchayat, likewise, a panchayat Taluka shall have the powers to requisition   records of any Gram Sabha under it or its own zilla Panchayat and a zilla   Panchayat shall have the powers to requisition records of any Gram Sabha or   panchayat Taluka under it. Whenever records are requisitioned, certified   copies thereof shall be provided at the cost of the requisitioning authority.  |   
|     (2) Every person knowing   where any moneys, accounts, records or other property appertaining to a   Panchayat, or Zilla Panchayat are concealed, shall be bound to give   information of the same to the Chief Executive Officer.   |        |   
|     (3) An appeal shall lie from an order of the Chief   Executive Officer under this section to the Director.  |        Delete  |   
|     |        (4) If there is any   defaulter of Zilla Panchayat , it shall request respective Panchayat Taluka   and Gram Sabha to help Zilla Panchayat in recovery of Zilla Panchayat dues.  |   
|     New   Section  |        152 A   Control over employees: (1) The transfers,   disciplinary matters and salaries of the employees, which get transferred to   Zilla Panchayat, shall be directly handled by Zilla Panchayat.  (2) Zilla Panchayat   shall have the powers to impose financial penalties, take disciplinary action   on such government officials, who are directly appointed by Zilla Panchayat   or which have been transferred to Zilla Panchayat by the state government and   with whose functioning the Zilla Panchayat is dissatisfied. It will have the   powers to dismiss those government officials which have been directly   appointed by Zilla Panchayat.  Provided further that   no action can be taken against any official without giving him an opportunity   of being heard.  |   
|     CHAPTER VIII Taxes   and Fees   |        |   
|     153. Levy of taxes, rates etc. by Panchayat.-[(1) Every Panchayat   shall, in such manner and subject to such exemptions as may be prescribed and   not exceeding the maximum rate specified in Schedule -III, levy tax upon   building and lands which are not subject to agricultural assessment, within   the limits of the Panchayat area and shall revise rate of such tax once in   every three years by minimum increase of 10% thereon:  Provided that where an   owner of the building or land has left the Panchayat area or cannot otherwise   be found, the occupier of such building or land shall be liable for the tax  leviable on such   owner.]   |        153.   Levy of taxes, rates etc. by Panchayat. (1) The State Government shall notify   seaparate lists on which Gram Sabhas, Talukas, Zilla Panchayats and State   Government shall have the powers to levy taxes and decide rates thereof. All   residuary powers shall lie with Gram Sabha. For Example, a   Panchayat may levy   tax upon building and lands which are not subject to agricultural assessment,   within the limits of the Panchayat area and shall revise rate of such tax   once in every three years by minimum increase of 10% thereon.  |   
|     (2) A Panchayat may   levy water rate for supply of water for drinking and other purposes.   |        |   
|     (3) A Panchayat may also levy all or any of   the following tax and fees at such rates as the Panchayat [shall] determine   but not exceeding the maximum specified in Schedule III and in such manner   and subject to such exemptions as may be prescribed, namely:-  |        (3) A Panchayat may also levy all or any of   the following tax and fees at such rates as the Panchayat [shall] determine   but not exceeding the maximum specified by the government and in such manner   and subject to such exemptions as may be prescribed, namely:-  |   
|      (a) tax   on entertainment other than cinematograph shows;  (b)   tax on vehicles, other than motor vehicles; (c) tax on advertisement and hoarding;  (d) pilgrim fee on persons attending the   jatras, festivals, etc., where necessary arrangement for water supply, health   and sanitation are made by the Panchayat;  (e)   market fee on persons who expose their goods for sale in any market place; (f) fee on the registration of   cattle brought for sale in any market place;  (g) fee on buses and taxies and auto-stands provided   adequate facilities are provided for the travellers by the Panchayat (h)   fees on grazing cattle in the grazing lands (i)   lighting tax; (j) drainage tax;  (k) tax on profession,   trades, calling and employment;  (1) fees for sale of goods in   melas, fairs and festivals;  (m) garbage disposal tax  (n) octroi other than   on petroleum products].   |        |   
|     |        (2) The State   Government shall notify the items, out of the above (and may add more items),   which shall be collected by which tier of governance. The State Government   shall prepare this list keeping in mind which tier can have best collection   efficiency for that tax.  |   
|     |        (3) The Finance   Commission, on reviewing the need of funds by each tier of governance and   availability of funds at that level, decide how much of the funds collected   at each level shall be retained at that level and how much shall be   distributed at lower levels and how would that distribution take place inter   se.  |   
|     |        (4) Gram Sabha shall   decide the rates of taxes to be levied on items mentioned in Gram Sabha lists   at sub-section (1) above. It shall also recommend rates on items in Taluka   and Zilla Panchayat lists.  |   
|     |        (5) Gram Sabha shall   deliberate and decide how to collect taxes on items mentioned in lists at   sub-section (2) above so as to achieve maximum collection efficiency.    |   
|     |        (6) Gram Sabha shall   be competent to levy and collect fee on services provided by it or to ensure   adequate and proper arrangements for various functions etc in the village  |   
|     |        (7) Taluka Panchayat   and Zilla Panchayat shall be competent to levy and collect fee on services   provided by it or to ensure adequate and proper arrangements for various   functions etc in the block/ district.  |   
|     154.   Recovery of taxes and other dues.-(1) When any tax,   cess, rate or fee becomes due, a Panchayat shall, with the least practicable   delay, cause to be presented to the person liable for the payment thereof, a   bill for the amount due from him, specifying  the date on or before   which the amount shall be paid.   |        Delete  |   
|     (2)   If any person fails to pay any tax or fee or any other sum due to the   Panchayat under this Act or the rules or bye-laws on or before the specified   date of payment, the Panchayat shall cause a notice of demand in the   prescribed form to be served on the defaulter.  |        Delete  |   
|     (3)   The presentation of every bill under sub-section (1) and the service of every   notice  of demand under sub-section (2), shall be   effected by the Secretary or an officer duly authorized by him in this   behalf, (a) by giving or tendering   the bill or notice to the person to whom it is addressed; or  (b) if such person is not   found, by leaving the bill or notice at his last known place of abode, if   within the limits of the Panchayat area or by giving or tendering the bill or   notice to some adult member or servant of his family; or  (c) if such person does not reside within the limits of the   Panchayat area and his address elsewhere is known to the person directing the   issue of the bill or notice then by forwarding the bill or notice to such   person by registered post, under cover bearing the said address; or  (d) if none of the means as aforesaid be   available then by causing the bill or notice to be affixed on some   conspicuous part of the building or land, if any, to which the bill or notice   relates.  |        Delete  |   
|     (4) If the tax, rate, fee or   other amounts for which a notice of demand has been served is not paid within   thirty days from the date of such service, the Panchayats may recover the   amount due alongwith a penalty of ten percent of the sum due, by distraint   and sale of the movable property of the defaulter in the prescribed manner.   |        Delete  |   
|     (5) Fees for, (a) every distraint made   under sub-section (4);  (b) every notice of demand   issued under sub-section (2);  (c) the cost of maintaining any live-stock seized under   sub-section (4), shall   be chargeable at such rates as may be prescribed.   |        Delete  |   
|     (6) Notwithstanding   anything contained in the foregoing sub-section, any tax, rate or fee payable   to a Panchayat shall be recoverable as an arrear of land revenue.   |        Delete  |   
|     155. Appeal against assessment etc.-Subject   to such rules as may be prescribed, any person aggrieved by the assessment,   levy or imposition of any tax, rate or fees under section 153, may appeal to   the prescribed authority, whose decision shall be final.   |        155. Appeal against assessment etc.-Subject   to such rules as may be prescribed, any person aggrieved by the assessment,   levy or imposition of any tax, rate or fees under section 153, may appeal to   the Ombudsman, whose decision shall be final.   |   
|     156.   Composition of taxes in factory areas.-(1) Subject to such   rules as may be prescribed, when the owner of any industry or factory   established in any Panchayat area provides sanitary and other amenities for   the building and land used for the industry or as factory quarters for   employees and for other purposes connected with undertaking, the Panchayat   may in lieu of the taxes, rates or fees payable under this Act in respect of   such buildings and lands receive such amount annually as may be agreed upon   between the Panchayat   and such owner.   |        |   
|     (2) Where no such agreement   as is referred to in sub-section (1) can be reached, the matter may be   referred to the Zilla Panchayat and the Zilla Panchayat may, after giving to   the Panchayat and the owner concerned an opportunity of being heard,   determine the amount payable by such owner and such determination shall be   binding on the Panchayat and such owner.   |        Delete  |   
|     (3) The Zilla Panchayat may by notification direct that the   provision of sub-section (1) shall be applicable to such other establishments   as may be specified in such notification.   |        Delete  |   
|     157. Agency for collection.-The tax, rate, fee   or other amount payable to the Panchayat may be collected by such agency as   the Panchayat may appoint in this behalf, provided that it shall be lawful   for a Panchayat to lease the right to collect any tax, rates, fees or other   amount that may be imposed under this Act, by public auction or by tender,   subject to the rules prescribed and the amount due under such lease shall be   recoverable in the manner provided in this Chapter.   |        157. Agency for collection.-The tax, rate, fee or   other amount payable to the Panchayat may be collected by such agency as the   Gram Sabha  may appoint in this behalf,   provided that it shall be lawful for a Gram Sabha to lease the right to   collect any tax, rates, fees or other amount that may be imposed under this   Act, by public auction or by tender, subject to the rules prescribed and the   amount due under such lease shall be recoverable in the manner provided in   this Chapter.  The Gram Sabha may   also decide to use its own staff for tax collection.   |   
|     CHAPTER IX  Properties   and Funds of Panchayats   |        |   
|     158. Panchayat may acquire, hold and dispose   of property, etc.-The   power of a Panchayat to acquire, hold and dispose of property both movable   and immovable whether within or without the limits of the area over which it   has authority, to lease, sell or otherwise transfer any movable or immovable   property which may have become vested in or been acquired by it, and to   contract and to do all other things necessary for the purpose of this Act, shall   be subject to the rules made by the Government in this behalf:  Provided   that no lease of immovable property for a term exceeding five years and no   sale or other transfer of such property shall be valid unless such lease,   sale or other transfer shall have been made with the previous sanction ofthe   Zilla Panchayat.   |        158. Panchayat may acquire, hold and dispose   of property, etc.-The   power of a Panchayat to acquire, hold and dispose of property both movable   and immovable whether within or without the limits of the area over which it   has authority, to lease, sell or otherwise transfer any movable or immovable   property which may have become vested in or been acquired by it, and to   contract and to do all other things necessary for the purpose of this Act, shall   be subject to the provisions in Section 113 A and section 115 UA of this act.     |   
|     159. Vesting of property in Panchayat.-(1) It shall be   competent for the Government, or Zilla Panchayat with the concurrence of the   Panchayat from time to time, to direct that any property vesting in the   Government or Zilla Panchayat as the case may be, shall vest in the Panchayat   either conditionally or otherwise:  Provided that no lease, sale or other transfer   of any such immovable property by the Panchayat Shall be valid without the   previous sanction of the Government or the Zilla Panchayat, as the case may   be.   |        (1) A Zilla Panchayat   shall have the power to acquire, hold and dispose of property and to enter   into contracts : Provided that in all   such cases, the Zilla Panchayat shall obtain the prior approval of all   concerned Panchayat Talukas.  |   
|     (2) Every work constructed by   a Panchayat out of the Panchayat fund shall vest in such Panchayat: Provided   that the Government may, if it deems fit, declare by order that such road,   building or other works vested in the Panchayat, shall stand transferred to   and vest in, the Zilla Panchayat or the Government, as the case may be.   |        (2)   Every work constructed by a Panchayat out of the Panchayat fund or by Gram   Sabha out of the Gram Sabha fund shall vest in such Panchayat or Gram Sabha.  |   
|     (3) All rubbish, sewage, filth and other matter collected   by a Panchayat under this Act shall belong to it.   |        (3) All rubbish, sewage, filth and other matter collected   by a Panchayat or Gram Sabha under this Act shall belong to the Panchayat or   Gram Sabha.   |   
|     160. Grants to a   Panchayat or a Zilla Panchayat.-(1) The Government may, subject to such   conditions as it deems fit, make grants to a Panchayat or a Zilla Panchayat   for general purposes or for improvement of the area within its jurisdiction   and welfare of the residents therein:  [Provided that no   grants shall be made to a Panchayat which fails to cause its accounts to be   so audited for more than three consecutive years].   |        160. Grants to a   Panchayat or a Zilla Panchayat.-(1) The Government may, subject to such   conditions as it deems fit, make grants to Gram Sabha, Taluka Panchayat or a   Zilla Panchayat for general purposes or for improvement of the area within   its jurisdiction and welfare of the residents therein:  [Provided   that no grants shall be made to a Panchayat which fails to cause its accounts   to be so audited for more than three consecutive years].  |   
|     (2) The Government may   sanction such loans as may be prescribed to the Panchayat or a Zilla Panchayat   for taking up such Scheme, as may be prescribed within its jurisdiction.   |        Delete  |   
|     161. Panchayat Fund.-(1) There shall be for   each Panchayat, a fund called Panchayat Fund.   |        161. Panchayat Fund.-(1) There shall be for   each Panchayat, a fund called Panchayat Fund.  Provided,   in case of a Gram Panchayat, for every Gram Sabha there shall be constituted   a Gram Sabha fund bearing the name of the Gram Sabha   |   
|     (2) The following shall form   part of, or be paid into the Panchayat Fund, namely:  |        (2) The following shall form   part of, or be paid into the Panchayat Fund, (and in the case of a Gram   panchayat, the Gram Sabha Fund), namely:  |   
|     (a) the amount which may be granted or passed on to the   Panchayat by the Government   or the Zilla Panchayat under the provisions of this Act or any other Act, or   on any other account;   |        (aa) the   amounts transferred to the Panchayat Fund by appropriation from and out of   the Consolidated Fund of the State;  |   
|     |        (ab)   contribution and grants, if any made by the Central or the state government  |   
|     |        (ac)   contribution and grants, if any made by the Gram Panchayat, Taluka Panchayat   or the Zilla Panchayat.   |   
|     (b) the proceeds of any tax,   rate and fee imposed by the Panchayat;   |        |   
|     (c) all sums received by the   Panchayat by way of loans or contributions from the Government or any other   authority or person or by way of gift;   |        (ca)   Loans if any granted by the state or central government or raised by the   Panchayat against the security of its assets; (cb) All   sums received as gift or contribution and all income from any trust or   endowment made in favour of the Panchayat;  |   
|     (d) the rent or other income   from, or sale proceeds of any immovable or movable property owned by or   vesting in the Panchayat; and   |        |   
|     |        (dd) 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.   |   
|     |        (iv) all   rents from lands or other properties of the Panchayat;  |   
|     |        (vi) all proceeds ofland, securities and other properties   sold by the Panchayat;   |   
|     (e) all other sums received   from any source whatsoever.   |        |   
|     (3) The amounts at the credit of the Panchayat Fund shall   be kept in any Scheduled Bank or a Co-operative Bank situated in the, Panchayat   area or the neighbouring Panchayat area.      |        |   
|     162. Application of   Panchayat Fund and property.-(1) Subject to the provisions of this Act and   rules made thereunder and such general or special orders of the Government,   all property owned by, or vested in the Panchayat under this Act and all   funds received by it and all sums accruing to it under the provisions of this   Act or any other law for the time being in force, shall be applied for the   purposes for which by or under this Act, or any other law for the time being   in force, powers are conferred or duties are imposed upon the Panchayat:  Provided that no   expenditure shall be incurred out of the Panchayat fund unless provisions   therefore has been made in the budget of the Panchayat or funds are obtained   by reappropriation duly approved except in such cases as may be prescribed.   |        |   
|     (2)   The Panchayat Fund shall also be utilized for the following purposes: (i) payment of   salaries and allowances to the Sarpanch, Deputy Sarpanch, elected and   co-opted members of the Panchayat, or members of any committee thereof and   the staff of the Panchayat, subject to such rules as may be prescribed.  |        (2)   The Panchayat Fund shall also be utilized for the following purposes: (i) payment of   salaries and allowances to the Sarpanch, Deputy Sarpanch, elected and   co-opted members of the Panchayat, or members of any committee thereof and   the staff of the Panchayat, subject to Gram Sabha decisions as provided in   Section _____.  |   
|     (ii)   any amount falling due on any loan raised by the Panchayat;   |        |   
|     (iii) with the   previous sanction of the Chief Executive Officer, for any other purpose for   which the application of such property or fund is necessary in public   interest:  Provided   that any amount granted to the Panchayat by the Government or any person or local authority   for any specific work or purpose shall be applied exclusively for such work   or purpose and in accordance with such instructions as the Government may   specify, either generally or specially in this behalf.   |        Delete  |   
|     163. Panchayat may raise loans and   from a sinking fund.-A Panchayat may, with the previous sanction of the   Government and subject to the conditions imposed by it from time to time and   subject to the execution of any work or for the purpose of carrying out any   of the provisions of this Act and form a sinking fund in the prescribed   manner for the  repayment of such   loans.   |        (1) A Zilla Panchayat   may raise from time to time with the approval of its constituent Taluka   Panchayats, loans for the purposes of this Ordinance from the government or   banks and create a sinking fund for the repayment of such loans. (2)   A Taluka Panchayat may raise from time to time with the approval of its   constituent Gram Sabhas,  loans for the   purposes of this Ordinance from the government, banks or Zilla Panchayat and   create a sinking fund for the repayment of such loans (3) A Gram Sabha may   raise from time to time with the approval of all its members,  loans for the purposes of this Ordinance   from the government, any local authority or banks and create a sinking fund   for the repayment of such loans  |   
|     164. Zilla Panchayat   may acquire, hold and dispose of property, etc.-The power of every Zilla Panchayat   to acquire, hold and dispose of property both movable and immovable whether   within or without the limits of the area over which it has authority, to   lease, sell or otherwise transfer any movable or immovable property which may   have become vested in or been acquired by it, and to contract and to do all   other things necessary for the purposes of this Act, which shall be subject   to the rules made by the Government in this behalf:  Provided that no lease   of immovable property for a term exceeding five years and no sale or other   transfer of any such property shall be valid unless such lease, sale or other   transfer shall have been made with the previous sanction of the Government.   |        164. Zilla Panchayat   may acquire, hold and dispose of property, etc.-The power of every Zilla Panchayat   to acquire, hold and dispose of property both movable and immovable whether   within or without the limits of the area over which it has authority, to   lease, sell or otherwise transfer any movable or immovable property which may   have become vested in or been acquired by it, and to contract and to do all   other things necessary for the purposes of this Act. Provided that in all such cases, the Zilla Panchayat shall   obtain the prior approval of all concerned Taluka Panchayats.   |   
|     165. Vesting of property in Zilla Panchayat.-(1) It shall be   competent for the Government with the concurrence of the Zilla Panchayat from   time to time, to direct that any property vesting in the Government shall   vest in the Zilla Panchayat:  Provided that no   lease, sale or transfer of such 'immovable property by the Zilla Panchayat   shall be valid without the previous sanction of the Government.   |        165. Vesting of property in Zilla Panchayat.-(1) It shall be   competent for the Government with the concurrence of the Zilla Panchayat from   time to time, to direct that any property vesting in the Government shall   vest in the Zilla Panchayat.   |   
|     (2) Every work constructed by the Zilla   Panchayat out of Zilla Panchayat Fund shall vest in such Zilla Panchayat:  Provided that the   Government may, if it deems fit, declare by order that such road, buildings   or other works vested in the Zilla Panchayat, shall stand transferred to, and   vest  in the Government.   |        (2) Every work constructed by the Zilla   Panchayat out of Zilla Panchayat Fund shall vest in such Zilla Panchayat.   |   
|     166.   Zilla Panchayat Fund.-There shall be for each Zilla Panchayat, a fund called   Zilla Panchayat Fund and the following shall form part of or be paid into the   Zilla Panchayat Fund, namely: (i) the amounts transferred   to the Zilla Panchayat Fund by appropriation from and out of the Consolidated   Fund of the State;  (ii) all grants, assignments, loans and contributions made   by the Government;  (iii) all fees and   penalties paid to or levied by or on behalf of the Zilla Panchayat under this   Act and all fines imposed under this Act  (iv) all rents from lands or   other properties of the Zilla Panchayat;  (v) all interests, profits   and other moneys accruing by gifts, grants, assignments or transfers from   private individuals or institutions;  (vi) all proceeds ofland, securities and other properties   sold by the Zilla Panchayat;  (vii) all sums   received by or on behalf of the Zilla Panchayat by virtue of this Act:  Provided that sums   received by way of endowments for any specific purpose shall not form part of   or be paid into the Zilla Panchayat Fund.   |        166.   Zilla Panchayat Fund.-There shall be for each Zilla Panchayat, a fund called   Zilla Panchayat Fund in the manner described in Section 161.   |   
|     167.   Custody and investment of Zilla Panchayat Fund.-(I) The amounts at the   credit of the Zilla Panchayat Fund shall be kept in the Government Treasury.  |        |   
|     (2) It   shall be lawful for the Zilla Panchayat to deposit with the sanction of the   Government, in any· Scheduled Bank or Co-operative Bank in the State, any   surplus funds in its hands which may not be required for current charges and   with like sanction, to invest such funds in securities of the Government of   India or the State Government or in such other securities as the Government   may, from time to time, approve in this behalf and to vary such investment or   dispose of such securities with like sanction.   |        |   
|     168.   Application of Zilla Panchayat Fund and property.-(1) Subject to the   provisions of this Act and the rules made thereunder and such general or   special orders as the Government may make, all property owned by or vested in   the Zilla Panchayat under this Act and all funds received by it and all sums   accruing to it under the provisions of this Act or any other law for the time   being in force shall be applied for the purposes for which by or under this   Act or any other law for the time being in force, powers are conferred or   duties are imposed upon the Zilla Panchayat:  Provided that no expenditure shall be incurred   out of the Zilla Panchayat Fund unless provision therefore has been made in   the budget of the Zilla Panchayat or funds are obtained by re-appropriation   duly approved except in such cases as may be prescribed.   |        |   
|     (2) The Zilla   Panchayat Fund and all property held or vested in the Zilla Panchayat under   this Act shall be applied, subject to the provisions of this Act, for the   payment of, [(a) salaries and allowances to the Adhyaksha,   Upadhyaksha and elected members of the Zilla Panchayat or members of any   committee thereof and travelling and daily allowances to the Adhyaksha and   Upadhyaksha or tours outside the district, subject to such rules as may be   made in this behalfby the Government].   |        |   
|     (b) the salaries, allowances,   pensions and gratuities of its officers and employees other than those whose   salaries and allowances are paid from the Consolidated Fund of the State;   |        (b) the   salaries, allowances, pensions and gratuities of all its officers and   employees  |   
|     (c) any amounts falling due   on any loans contracted by the Zilla Panchayat;   |        |   
|     (d) for the purposes   specified in this Act;   |        |   
|     (e) all other purposes for   which by or under this Act or the rules or regulations made thereunder or by   or under any other law for the time being in force, powers are conferred or   duties are imposed upon the Zilla Panchayat;   |        |   
|     (f) with the previous sanction of the Government, for any   other purpose for which the application of such property or fund is necessary   in public interest:  Provided   that any fund granted to the Zilla Panchayat by the Government or any person   or local authority for any specific work or purpose, shall be applied   exclusively for such work or purpose and in accordance with such instruction   as the Government may specify, either generally or specially in this behalf.   |        Delete  |   
|     169. Rents and Fees-Save   as otherwise provided in this Act and subject to the regulations made in this   behalf, a Zilla Panchayat may charge fee for any licence or permission issued   by it under this Act, and the rules made thereunder and levy rent and fee for   the occupation or use of land or other property placed under its control or   vested in it or maintained out of the Zilla Panchayat Fund.   |        |   
|     170. Zilla Panchayat may raise loans and   form a sinking fund.-A Zilla Panchayat may, with the previous sanction of   the Government and subject to the conditions imposed by it from time to time,   raise loans for the execution of any work or for the purpose of carrying out   any of the provisions of this Act and form a sinking fund for the repayment   of such loans.   |        Delete  |   
|     171. Prohibition of expenditure not covered by the Budget.-Except   as hereinafter provided no payment of any sum shall be made out of the Zilla   Panchayat fund, unless the expenditure of the same is covered by a budget   grant except in the following cases, namely: (a) refund of money which the   Zilla Panchayat is authorised to make under this Act or the rules or regulations   made thereunder;   |        |   
|     (b) repayment of moneys belonging to the contractors or   other persons held in deposit and of moneys credited to the Zilla Panchayat   fund by mistake;   |        |   
|     (c) sums which the Zilla   Panchayat is required or empowered by this Act to pay by way of compensation.     |        |   
|     (d) every sum; payable,  |        |   
|     (i) under this Act by order   of the Director or the Government;   |        Delete  |   
|     (ii) under a decree or order of a Civil Court; and   |        |   
|     (iii) under a   compromise of any suit or other legal proceedings or claim.   |        |   
|     172. Government may place roads and other   property under Zilla Panchayat. (1) It shall be lawful for the Government from   time to time to direct, by notification, that any road, bridge, channel,   building or other property, movable or immovable, which is vested in the   Government and which is situated in the district, shall with the consent of   the Zilla Panchayat and subject to such exceptions and conditions as the   Government may make and impose, be placed under the control and   administration of the Zilla Panchayat for the purposes of this Act and   thereupon such road, bridge, channel, buildings or other property shall be   under the control and administration of the Zilla Panchayat, subject to all   exceptions and conditions so made and imposed and to all charges and   liabilities  affecting the same.   |        172. Government may place roads and other   property under Zilla Panchayat. (1) It shall be lawful for the Government from   time to time to direct, by notification, that any road, bridge, channel,   building or other property, movable or immovable, which is vested in the   Government and which is situated in the district, shall with the consent of   the Zilla Panchayat and subject to such exceptions and conditions as the   Government may make and impose, be placed under the control and   administration of the Zilla Panchayat for the purposes of this Act and   thereupon such road, bridge, channel, buildings or other property shall be   under the control and administration of the Zilla Panchayat, subject to all   exceptions and conditions so made and imposed and to all charges and   liabilities affecting the same.  Provided   that the government shall make necessary financial resources and manpower   available to the Zilla Panchayat.  |   
|     (2) It shall be   competent for the Government by notification, to resume any property placed   under the control ora Zilla Panchayat under sub-section (1), on such terms as   the Government may determine.   |        Delete  |   
|     CHAPTER X  Inspection, Supervision, etc.   |        |   
|     173. Power of inspection and supervision.-The Secretary to the   Government in charge of Panchayat Raj Department in case of the Zilla   Panchayat, and the Chief Executive Officer [and the Director, or any other   Officer authorised by him in this behalf] in case of the Panchayat may, (a) inspect the offices or   premises of or works taken up by any Zilla Panchayat, or Panchayat and for   this purpose examine or cause to be examined the books of accounts, registers   and other documents concerned and the Zilla Panchayat or Panchayat concerned   shall comply with the instructions issued after such inspections;  (b) call for any return statement, account or report which   he may think fit to require the Zilla Panchayat or Panchayat concerned to   furnish.   |        Delete  |   
|     174. Technical supervision and   inspections.-(1)   The Heads of Departments concerned and the Officers in-charge of the   Department at the Divisional level, may inspect works or developmental   schemes relating to their Department under the control of any Zilla Panchayat   or Panchayat and also to inspect relevant documents pertaining to such work   or development scheme in the manner specified by the Government.   |        Delete  |   
|     (2) The scope of such   inspections may cover technical aspects including feasibility, economic   viability, the technical quality of the work and the expenditure being   incurred.   |        Delete  |   
|     (3) A report of inspections by such Officers after such   inspection shall be forwarded to the Chief Executive Officer, or the   Secretary, as the case may be, for appropriate action.   |        Delete  |   
|     175. Director and Chief   Executive Officer's powers in respect of Panchayat and Zilla Panchayat.-(1) The Chief   Executive Officer may in respect of a Panchayat exercise the following   powers:  |        |   
|     (a) call for proceedings of any Panchayat or   any extract of any books or document in the possession or under the control   of the Panchayat or any return or statement of account or report;  |        Delete  |   
|     (b) require a Panchayat to   take into consideration any objection which appears to him to exist towards   the doing of anything which is about to be done or is being done by Panchayat   or any information which appears to him to necessitate the doing of anything   by such Panchayat within such period as he may fix;   |        Delete  |   
|     (c) order a duty to be   performed within a specified period, if a Panchayat has made default in the   performance of any duty and if such duty is not performed within the   specified period, to appoint a person to perform such duty and direct that   the expenses thereof shall be paid by the defaulting Panchayat within such   period as he may fix;   |        Delete  |   
|     (d) direct a Panchayat to   levy any tax if it has failed to do so in accordance with the provisions of   this Act;   |        Delete  |   
|     (e) call for meetings of the   Panchayat, or any of its Committees if no meeting of the Panchayat or its   Committees has been held as per the provisions of this Act or rules.   |        Delete  |   
|     (2) The Panchayat may appeal   to the Director against any order under clause (c) of sub-section (1), within   thirty days from the date of the order.   |        Delete  |   
|     (3) The Director may, in   respect of Zilla Panchayat, exercise the following powers: (a) call for proceedings of any Zilla Panchayat or any   extract of any book or document   in the possession or under the control of the Zilla Panchayat or any return   or statement of account or report;  (b) require a Zilla   Panchayat to take into consideration any objection which appears to him to   exist towards the doing of anything which is about to be done or is being   done by such Zilla Panchayat or any information which appears to him to   necessitate the doing of anything by such Zilla Panchayat within such period   as he may fix;  (c) order a duty to be   performed within a specified period if a Zilla Panchayat has made default in   the performance of any duty and if such duty is not performed within the   specified period, to appoint a person to perform such duty and direct that   the expenses thereof shall be paid by the defaulting Zilla Panchayat within   such period as he may fix;  (d) call for meetings of the   Zilla Panchayat or any of its Committees if no meeting of the Zilla Panchayat   or its Committees has been held as per the provisions of this Act or rules.   |        Delete  |   
|     (4) A Zilla Panchayat may appeal to the Government against   any order under clause (c) of sub-section (3), within thirty days from the   date of the order.   |        Delete  |   
|     176.   Power of Government, Director and Chief Executive Officer to provide for   performance of duties in default of Panchayat or Zilla Panchayat.-When the Government in   case of a Zilla Panchayat, or the Director in case of a Panchayat, is   informed on complaint made or otherwise, that any Zilla Panchayat or   Panchayat has made default in performing any duty imposed upon it, by or   under this Act, or by or under any law for the time being in force and if   satisfied, after due enquiry that any Zilla Panchayat or Panchayat has failed   in the performance of such duty, it or he may fix a period for the   performance ofthat duty:  Provided   that no such period shall be fixed unless the Zilla Panchayat or Panchayat   concerned, has been given an opportunity to show-cause why such an order   shall not be made.   |        Delete  |   
|     177. Inquiry into affairs of Panchayat, or   Zilla Panchayat by the Government. (1) The Government may, at   any time for reasons to be recorded, cause an inquiry to be made by any of   its officers in regard. to any Panchayat, or Zilla Panchayat on matters   concerning it or any matters with respect to which the sanction, approval,   consent or orders ofthe Government are required under this Act.   |        Delete  |   
|     (2) The Officer holding such   inquiry shall have the powers of the Civil Court under the Code of Civil   Procedure, 1908 (Central Act 5 of 1908), to take evidence and to compel   attendance of witnesses and production of documents for the purpose ofthe   inquiry.   |        Delete  |   
|     (3) The Government may make orders as to the costs of   inquiries made under subsection (1) and as to the parties by whom and the   funds out of which they shall be paid and such order may, on the application   of the Dir~ctor or ofany person named therein, be executed as if it were a   decree of a Civil Court.   |        Delete  |   
|     178.   Power of suspending execution of unlawful orders or resolution.-(1) If in the opinion   of the Director, the execution of any order or resolution of a Panchayat or   Zilla Panchayat or any order of any authority or officer of the Panchayat or   the Zilla Panchayat or the doing of anything which is about to be done, or is   being done, by or on behalf of a Panchayat or a Zilla Panchayat is unjust,   unlawful or improper or is causing or is likely to cause injury or annoyance   to the public or to lead to a breach of peace, he may by order suspend the   execution or prohibit the doing thereof.   |        Delete  |   
|     (2) When the Director makes an order under   sub-section (1), he shall forthwith forward to the Government and the   Panchayat or Zilla Panchayat affected thereby a copy of the order with a   statement of the reasons for making it, and the Government may confirm or   rescind the order or direct that it shall continue to be in force with or   without modification permanently or for such period as it thinks fit:  Provided that no order   of the Director passed under sub-section (1) shall be confirmed, revised or   modified by the Government without giving the Panchayat or the Zilla   Panchayat concerned a reasonable opportunity of showing cause against the   proposed  order.   |        |   
|     179. Purchase of   stores and equipments.-(1) The Government may by general or special order provide   for all or any of the following matters, namely: (a) the manner in which   purchase of stores, equipments, machineries and other articles required by a   Zilla Panchayat, or Panchayat shall be made by them;  (b) the manner in which   tender for works, contracts and supplies shall be invited and examined and   accepted;  (c) the manner in which works   and development schemes may be executed and inspected and payment may be made   in respect of such works and schemes; and  (d) constitution of Committee   for the purpose ofthis section.   |        Delete  |   
|     (2) Save as otherwise expressly provided in sub-section   (1), in respect of all other matters relating to drawal of funds, form of bills,   incurring of expenditure, maintenance of accounts, rendering of accounts and   such other matters, the rules of implementation as applicable to the   Departments of the Government shall mutatis mutandis apply.   |        Delete  |   
|     180. Power to appoint   Administrator in certain cases.-(1) Whenever, (a) any general   election to a Zilla Panchayat or Panchayat under this Act or any proceedings   consequent thereon has been stayed by an order of a competent court or   authority; or  (b) all the members or   more than [one half] of the members of a Zilla Panchayat have resigned; [or]  [(C) any new Panchayat   or deemed Panchayat or any new Zilla Panchayat established in accordance with   the provisions ofthis Act;] [or]  [(d) on the expiry of   the term of the members of any Panchayat or any Zilla Panchayat, general   elections to such Panchayat or to such Zilla Panchayat cannot be held;]  the Government shall, by notification in the   Official Gazette, appoint an Administrator for such period as may be   specified in the notification and may, by like notification, curtail or   extend the period of such appointment, as however the total period of such   appointment shall not exceed six months.   |        Delete  |   
|     (2) Notwithstanding anything contained in this Act, on the   appointment of an Administrator under sub-section (1), and during the period   of such appointment, the Zilla Panchayat and the Committees thereof and the   Adhyaksha or Upadhyaksha of such Panchayat, (the Sarpanch or the Deputy   Sarpanch or members] charged with carrying out the provisions of this Act, or   of any other law, shall cease to exercise any powers and perform and   discharge any duties or functions conferred or imposed on them by or under   this Act or any other law and all such powers shall be exercised and all such   duties and  functions shall be performed and discharged by   the Administrator.   |        Delete  |   
|     18l. Director's power   to specify   the role of Panchayats.-(1) The Director may, by general or special   order, specify from time to time, the role of Panchayat [Taluka Panchayat]   and Zilla Panchayat in respect of the programmes, Schemes and activities   related to the functions specified in (Schedu1es I, IA and II] in order to   ensure properly coordinated and effective implementation of such programmes,   schemes and activities.   |        Delete  |   
|     (2) When the Director makes an order under sub-section (1),   he shall forthwith forward to the Government and the Panchayat (Taluka   Panchayat] or Zilla Panchayat affected thereby a copy of the order with a   statement of the reasons for making it, and the Government may confirm or   rescind the order or direct that it shall continue to be in force with or without   modification permanently or for such period as it thinks fit:  Provided that no order of the Director passed   under sub-section (1) shall be confirmed, revised or modified by the   Government without giving the Panchayat ["Taluka Panchayat"] or the   Zilla Panchayat concerned a reasonable opportunity of showing cause  against the proposed order.   |        Delete  |   
|     Chapter XI  Financial   Control and Audit   |        |   
|     182. Presentation of accounts   and budget of Panchayat.-(1)   The Secretary shall prepare and lay before the Panchayat at a meeting, which   shall be held between the first day of February and the tenth day of March, a   complete account of the actual or expected receipts and expenditure for the   financial year ending on the thirty-first day of March next following   together with a budget estimate of the income and expenditure, of the   Panchayat for the financial year to commence on the first day of April next   following.   |        The Gram   Panchayat and the Taluka Panchayat shall create their budgets as provided in   Section _____ and _____ respectively.  |   
|     (2) The Panchayat   shall thereupon decide upon the appropriations and the ways and means   contained in the budget of the year to commence on the first day of April   next following. The budget as passed by the Panchayat shall be sent to the   Zilla Panchayat [and the Block Development Officer] before such date as may   be fixed by the Government.   |        Delete  |   
|     (3) In such budget   estimate, the Panchayat shall among other things, (a) make adequate and suitable provision for such services   as may be required for the   fulfillment of the several duties imposed on the Panchayat by this Act, or   any other law;  (b)   allow for a balance at the end of the year of not less than such sum or   percentage of income as may from time to time be fixed by the Government   either generally for all Panchayats or specially for any Panchayat;  (c) provide for the payment,   as they fall due, of all installments of principal and interest for which the   Panchayat may be liable in respect of loans contracted by it.   |        Delete  |   
|     (4) If such budget estimate is not in accordance with the   provisions of this Act or the rules and orders issued thereunder, the Zilla   Panchayat may within two months from the date of receipt of the budget,   modify the same to secure compliance with this Act, the rules or the orders:  Provided that the Zilla Panchayat shall not have power to   direct that total proposed expenditure shall exceed the total of the   estimated income of the Panchayat for the following year and the opening   balance.   |        Delete  |   
|     (5) If the Panchayat   fails to pass the budget estimate on or before the date mentioned in   sub-section (1) the Secretary shall forward the budget estimate to the Zilla   Panchayat and it shall approve it with or without modification. The budget as   approved by the Zilla Panchayat shall be certified by the Chief Executive   Officer and thereupon shall be deemed to have been duly approved by the   Panchayat.   |        Delete  |   
|     183. Revision of   budget.-If,   in the course of the financial year, the Panchayat finds it necessary to   modify the provision made in the budget with regard to the receipts or to the   distribution of the amounts to be expended on the different services it   undertakes, it may make such modifications:  Provided that no diversion of grants transferred by the   Government out of the Consolidated Fund of the State can be made for a   purpose or programme or Scheme not covered under such grants:  Provided further that,   without the approval of the Chief Executive Officer, (a) no reduction of over ten   percent shall be made in the grants-approved for any developmental functions   of the Panchayat; and  (b) the closing balance shall not be reduced below the sum   fixed under clause (b) of sub-section (3) of section 182.   |        183. Revision of   budget.-If,   in the course of the financial year, the Panchayat finds it necessary to   modify the provision made in the budget with regard to the receipts or to the   distribution of the amounts to be expended on the different services it   undertakes, it may make such modifications.  |   
|     184. Maintenance of accounts and restriction   of expenditure.-(1)   Accounts of the income and expenditure of a Panchayat shall be kept in   accordance with such rules as may be prescribed.   |        |   
|     (2) Expenditure from   the Panchayat Fund shall, save as otherwise expressly provided  for in this Act, be incurred subject to such   sanctions, conditions and limitations as may be prescribed.   |        Delete  |   
|     (3) A Panchayat shall, within a period not   exceeding three months after the close of the financial year, pass the   accounts of that year.   |        |   
|     185. Transmission of   accounts.-The   Panchayat shall as soon as the annual accounts have been finally passed by   it, transmit a copy thereof to the Zilla Panchayat [and the Block Development   Officer] in the form prescribed and shall furnish such details and vouchers   relating to the same as the Zilla Panchayat [and the Block Development   Officer] may, from time to time, direct.   |        185. Transmission of   accounts.-The   Panchayat shall as soon as the annual accounts have been finally passed by   it, transmit a copy thereof to the Zilla Panchayat and the Taluka Panchayat   in the form prescribed.  |   
|     186. Power to write   off irrecoverable amounts.-Subject to such restriction as may be   prescribed; a Panchayat may write off any tax, fee, rate or other amount   whatsoever due to it, whether under a contract or otherwise, or·any sum   payable in connection therewith if, in its opinion, such tax, fee, rate or   other amount or sum is irrecoverable.   |        |   
|     187. Audit of   accounts.-(1)   The accounts of every Panchayat shall be audited each year by such officer as   may be authorised by the Director of Accounts of the Government (hereinafter   referred to as the 'auditor').   |        |   
|     (2) The auditor shall, for   the purpose of audit have access to all the accounts and other records of the   Panchayat.   |        |   
|     (3) The auditor may, (a) require in writing the production before him of such   voucher, statements,returns,   correspondence, notes or other documents which he may consider necessary for   the proper conduct of his audit;     |        |   
|     (b) require in writing any   person accountable for, or having the custody or control of, any such   vouchers, statements, returns, correspondence notes or documents or any   person having directly or indirectly by himself or his partner, any share or   interest in any contract with or under the Panchayat, to appear in person   before him;   |        (b) require in writing any   person accountable for, or having the custody or control of, any such   vouchers, statements, returns, correspondence notes or documents or any   person having directly or indirectly by himself or his partner, any share or   interest in any contract with or under the Panchayat, to meet him;   |   
|     (c) require any person so appearing before him to make and   sign a declaration with respect to such vouchers, statements, returns,   correspondence, notes or documents or to answer any statements;   |        (c) require any person so meeting him to make and sign a   declaration with respect   to such vouchers, statements, returns, correspondence, notes or documents or   to answer any statements;   |   
|     (d) in the event of an explanation being   required from the Sarpanch or other member of the Panchayat, in writing   invite such person to meet him and shall in writing specify the point on   which explanation is required.  |        Delete  |   
|     (4) Any person who   wilfully neglects or refuses to comply with any requisition lawfully made   under sub-section (3), shall on conviction, be punished with fine which may   extend to one hundred rupees:  Provided that no proceedings under this   sub-section shall be instituted without the sanction of the Chief Executive   Officer.   |        Delete  |   
|     (5) The auditor shall, within   one month after the completion of audit, forward a copy ofthe audit report to   the Panchayat [the Chief Executive Officer and Director).   |        (5) Once   the audit has been conducted, the report shall be dealt with in accordance to   Sections _____ and _____ of the Act  |   
|     (6) On receipt of the audit report, the Panchayat shall   either remedy any defects or irregularities which have been pointed out in   the report and send to the Executive Officer within three months an   intimation of its having done so, or shall within the same period furnish to   the Chief Executive Officer any further explanation in regard to such defects or   irregularities.   |        Delete  |   
|     (7) On receipt of such   intimation or explanation in respect of all or any of the matters discussed   in the audit report, the Chief Executive Officer may, in consultation with   the  auditor, (a) accept the   intimation or explanation given by the Panchayat and order the withdrawal of   the objection; or  (b) direct that the matter be   re-investigated at the next audit or at any earlier date; or  (c) direct that the defects   or irregularities pointed out in the audit report or any of them shall be   removed or remedied by the Panchayat.   |        Delete  |   
|     (8) The Chief Executive Officer may, after making such   enquiry as he may consider necessary, disallow any item of expenditure which   appears to him to be contrary to law and surcharge the amount thereof on the   person making or authorising the illegal payment and after taking the   explanations of the person concerned, the Chief Executive Officer may direct   by an order in writing that such person shall pay to the Panchayat the amount    surcharged along with interest at fifteen   percent per annum on the amount due, from the date from which it became due   and if the amount is not paid within two months from the date of such order,   the Chief Executive Officer shall take steps to recover it as an arrear of   land revenue and credit it to the Panchayat Fund.   |        Delete  |   
|     (9) Any person aggrieved by the order of the   Chief Executive Officer under sub-section (8), may, within thirty days of the   receipt by him of a copy of the decision, appeal to the Director who shall   pass such orders as he may deem fit.   |        Delete  |   
|     (10) The Director of Accounts shall submit a   summary of observations made in the audit report and rectifications made by   the Panchayats to the Government which shall be laid on the table of the   House.   |        Delete  |   
|     188.   Presentation of accounts and budget of Zilla Panchayat.-(1) The Finance, Audit   and Planning Committees shall cause to be prepared and laid before the Zilla   Panchayat at a meeting which shall be held between the first day of February   and the tenth day of March a complete account of the actual and expected   receipts and expenditure for the financial year ending on the thirty-first   day of March next following together with a budget estimate of the income and   expenditure of the Zilla Panchayat for the financial year to commence on the   first day of April next following.   |        Delete  |   
|     (2) The Zilla Panchayat shall thereupon decide upon the appropriations   and the ways and means contained in the budget of the year to commence on the   first day of April next following. The budget as passed by the Zilla   Panchayat shall be sent to the government before such date as may be fixed by   the government.  |        (2)   Procedure for making annual district plan: District plan will have two components   – first part of district plan shall consist of those plans sent by Panchayat   Taluka and second part of the district plan shall consist of those projects   which have to be done at district level. Compilation of all annual plans as   passed by Panchayat Talukas shall form the first part of the district plan.   The second part of district plan shall be prepared as follows: (1) Zilla Panchayat   shall invite proposals, which have inter block implications and have to be   implemented at district level. Panchayat Talukas or groups of individual   voters or individual Gram Sabhas may submit proposals. If a group of citizens   wishes to get any proposal discussed in a Zilla Panchayat meeting, it should   be signed by at least 100 voters of that district. (2) All the proposals   received above shall be compiled and this compiled list shall be sent to all   Panchayat Talukas requesting them to discuss it in their next Panchayat   Taluka meeting and get their opinion.  (3) Zilla Panchayat   shall, on the basis of inputs brought in by Chairperson members from their   respective Panchayat Talukas, finally decide those projects, out of the above   which shall be done at District level. Efforts shall be made to make the plan   through consensus. However, if consensus is not possible, each item shall be   decided through voting.  Provided that proposals for health and education of individuals or   community or a part of the community shall be accorded highest priority while   making annual plans. (4) Outcome at   sub-section (3) above will form the second part of district plan. (5) Whereas annual   plans would be made on the basis of funds received in the beginning of the   year, if any additional funds are received subsequently during the year,   plans for spending the same would be made by following the same procedure as   followed for annual plan.  |   
|     (3) In such budget estimate,   the Zilla Panchayat shall among other things, (a) make adequate and   suitable provision for such services as may be required for the fulfillment   of the several duties imposed on the Zilla Panchayat by this Act or any other   law;  (b) provide for the payment,   as they fall due, of all instalments of principal and interest for which the   Zilla Panchayat may be liable in respect of loans contracted by it;   |        |   
|     (c) allow for a balance at   the end of the said year of not less than such sum or percentage of income as   may from time to time, be fixed by the Government either generally for all   Zilla Panchayats or specially for any Zilla Panchayat.   |        Delete  |   
|     (4) If such budget estimate is not in accordance with the   provisions of this Act or the rules and orders issued thereunder, the   Government may, within two months from the date of receipt of the budget,   modify the same to secure compliance with this Act, the rules or the orders:  Provided   that the Government shall not have power to direct that total proposed   expenditure shall exceed the total of the estimated income of the Zilla   Panchayat for the following year and the opening balance.   |        Delete  |   
|     (5) If   the Zilla Panchayat fails to approve the budget estimate on or before the   date mentioned in sub-section (1), the Chief Executive Officer shall forward   the budget estimate to the Government and the Government shall approve it   with or without modification. The budget as approved by the Government shall   be certified by the Government and thereupon shall be deemed to have been   duly approved by the Zilla Panchayat.   |        Delete  |   
|     189.   Revision of budget.-If in the course of the financial year, the Zilla   Panchayat finds it necessary to modify the provisions made in the budget with   regard to the receipts or to the distribution of the amounts to be expended   of the different services it undertakes, it may make such modification:  Provided   that no diversion of grants transferred by the Government out of the   consolidated funds of the State may be made for a purpose, programmes or   Scheme not covered under such grants:  Provided also that, without the approval ofthe   Government, (a) no reduction of over ten   percent is made in the grants approved for any developments, functions of the   Zilla Panchayat;  (b) the closing balance shall not be reduced below the sum   fixed under clause (c) of sub-section (3) of section 188.   |        Delete  |   
|     190. Supplementary budget.-Supplementary   budget may be prepared and submitted whenever necessary. The Zilla Panchayat   may at any time during the year for which a budget has been sanctioned by the   Government, cause a supplementary budget to be prepared and submitted to the   Government. Every such supplementary budget shall be considered and approved   by the Zilla Panchayat and submitted to the Government for approval.   |        Delete  |   
|     191. Maintenance of accounts and restrictions of   expenditure.-(1) Accounts of the income and expenditure of the Zilla   Panchayat Fund shall be kept in accordance with such rules as may be   prescribed.   |        |   
|     (2) Expenditure from the   Zilla Panchayat Fund shall, save as otherwise expressly provided for in this   Act be incurred subject to such sanctions, conditions and limitations as may   be prescribed.   |        (2) Expenditure from the   Zilla Panchayat Fund shall, save as otherwise expressly provided for in this   Act be incurred subject to such sanctions, conditions and limitations as may   be prescribed in this Act.   |   
|     (3) The Zilla Panchayat shall within a period not exceeding   three months after the close of the financial year, pass the accounts of that   year.   |        |   
The Golden jubilee of Goa ‘s Liberation can be complete only if Aam Adami is empowered via Gram Sabhas. Posted here is text of People friendly amendments proposed by RTI activist Shri Arvind Kejriwal to Goa Panchayat Raj Act 1994. The change is long due and is intended to give real power to Common Man. Your Suggestions thereon are utmost necessary for formulating the Final model draft. If you care for Goa and believe that Goa deserves the Best, please post your thoughts and ideas on this blog.
Goa Law Commission organises Arvind Kejriwal 's Presentation
The Goa Law Commission has organised a presentation of proposed amendments to Goa Panchayat Raj Act, 1994 by Shri Arvind Kejriwal on 13th Oct, 2010 1030 hrs at Seminar Hall , Secretariat, Porvorim.
Monday, September 6, 2010
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