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State of Jharkhand - Section

Section 78 in Jharkhand Panchayat Raj Act, 2001

78. Powers of the State Government as to the functions of Panchayats.

(1)
(a)Subject to such conditions as may be specified by the State Government by general or special order, the Panchayats shall, at proper levels, have such powers and authority, which appertaining to the subjects listed in schedule (1) within which come the preparation of plans and implementation of schemes for economic development and social justice as well as other duties and functions conferred under section [10 (i) (a) and 10 (5)] [Substituted '10 (6)' by Jharkhand Act No. 7 of 2002 dated 17.1.2002.], sections (75), (76), (77), as may be necessary to make them capable of serving as institutions of self government.
(b)The State Government, by notification, for the sake of efficient implementation of schemes, may confer on the Panchayats the powers and responsibilities at proper levels for selecting, recruiting, employing and managing any cadre or any cadres of requisite employees subject to the staffing pattern approved by the State Government and such others conditions as it may consider proper.
(2)The State Government, by general or specific order, may increase any functions of the Panchayats or may withdraw the functions and duties conferred on such Panchayats. When the State Government will take over execution of any functions conferred on a Panchayat, the Panchayat shall not be responsible for such functions so long as the State Government does not reconfer such functions on the said Panchyayat.
(3)The Government, by notification, subject to the conditions specified therein -
(a)May transfer management and maintenance of forests situate in Panchayat area to a Panchayat;
(b)May make over management of public uncultivated (Parti) land, grazing ground or vacant land situate in Panchayat area to a Gram Panchayat;
(c)May make over the programme of realising rent on the behalf of the Government and of maintaining the records concerned therewith to a Gram Panchayat;
Provided that no assignment under clause (c) shall be done without consent of the Gram Panchayat concerned;Provided also that when transfer of management and maintenance of any forest is done under clause (a), then the Government shall order to entrust to the Gram Panchayat a particular sum or an adequate portion of the income from the said forest for such management and maintenance.
(4)The Government may, by notification, modify, change or cancel the functions assigned under sub-section (3) of this section.