State of Bihar - Act
The Bihar and Orissa Local Self-Government Act, 1885
BIHAR
India
India
The Bihar and Orissa Local Self-Government Act, 1885
Act 3 of 1885
- Published on 22 July 1885
- Commenced on 22 July 1885
- [This is the version of this document from 22 July 1885.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- This Act may be called the [Bihar and Orissa] [Substituted for 'Bengal' by Bihar and Orissa Act 1 of 1923.] Local Self-Government Act of 1885.Extent. - [It shall extend to the whole of the [States] [Substituted for original paragraph by B, and O. Act 1 of 1923.] of [Bihar and Orissa] [Substituted for 'Bengal' by Bihar and Orissa Act 1 of 1923.] including the Santhal Parganas but excluding any area within the limits of Patna, as defined in Section 2 of the Patna Administration Act, 1915, or of any place or town to which the provisions of the Bihar and Orissa Municipal Act, 1922, have been, or may hereafter be, extended.]Commencement. - And it shall come into force in any district on such date as the State Government may, by notification, direct.Any notification, order or rule and any appointment to an office may be made, or election held, under this Act after it shall have received the assent of the Governor-General, and shall take effect in any district on this Act coming into force therein.2. Enactments repealed and amended.
- On this Act coming into force in any district, the enactments specified in the First and Second Schedules shall, as regards such district be repealed to the extent mentioned in the third column of the First Schedule, and be amended to the extent mentioned in the third column of the Second Schedule.But this repeal shall not revive any office, authority, or thing abolished by such enactment, or affect the validity of anything which has been done or suffered, or any right, title, obligation, or liability which has accrued before the commencement of this Act.3. Office held under repealed provisions of Bengal Act IV of 1880 to continue in existence until its abolition or confirmation by District Board.
- Every person holding office in any district under the repealed provisions of the Cess Act, 1880, shall continue to hold such office until it shall be abolished, or a new appointment made in respect thereof, by the District Board established in such district under the provisions of this Act:Provided that, if for a period of twelve months from the date on which this Act comes into force in any district, the District Board does not abolish such office or make such appointment as aforesaid, the person holding such office shall be deemed to have been appointed to it under the provisions of this Act:Provided further that, if such office shall be abolished or a new appointment made in respect thereof, compensation, pension or gratuity shall be paid from the District Fund to any person not being a servant of the Government who may be deprived of such office, and the amount of such pension or gratuity shall be calculated in accordance with any rules made under the provisions of Section 138 of the Cess Act, 1880; or if no such rules have been made, the amount shall be calculated in accordance with the rules regulating the payment of compensation, pensions and gratuities to uncovenanted servants of the Government.4. [ Act not to come into force in cantonments without notification under Cantonments Act, 1924. [Substituted by Bihar Act 24 of 1948 for the original section.]
- Notwithstanding anything contained in Section 1, this Act shall not, save as provided in any notification that may be issued under sub-section (4) of Section 3 of the Cantonments Act, 1924, have effect in any cantonments.]5. Interpretation.
- In this Act, unless there be something repugnant in the subject or context,-6. [ District and Local Boards. [Sections 6-29 (both inclusive) were substituted for the original Sections by B. and O. Act 1 of 1923.]
7. [ Constitution of District Boards. [Substituted by Bihar Act 40 of 1950 for the original Section 7.]
8. (Appointment of members).
- [Repealed by Section 4 of the Bihar L.S.G. (Amendment) Act, 1950 (Bihar Act 40 of 1950)].9. (Publication of names).
- [Repealed by Section 5 of the Bihar L.S.G. (Amendment) Act, 1950 (Bihar Act 40 of 1950).]10. [ Constitution of Local Boards. [Substituted by Bihar Act 40 of 1952.]
11. Qualifications of members and voters.
12. Power to form electoral circles.
13. Term of office of members.
- Save as is otherwise provided in this Act-13A. [ Consequences of the creation of a new district. [Substituted by Bihar Act 4 of 1957 for original section.]
14. Resignation of office of members.
- A member of a District Board or Local Board may resign his office in writing to the Chairman of the District Board who shall forthwith lay such notice of resignation before the District Board and, on the resignation being accepted, the office shall become vacant.15. Removal of members.
16. (Vacation of office by Salaried servant of Government.)
- [Repealed by Section 8 of the Bihar Local Self-Government Act, 1950 (Bihar Act 40 of 1950)].17. Effect of vacation of office of elected member of District Board or Local Board.
- [A member of a District Board or Local Board who ceases to be a member of one of the said Boards, shall thereupon cease also to be a member of the other.] [Substituted by Bihar Act 40 of 1950 for the words 'an elected member'.]18. Casual vacancies.
- If a member of a District Board or Local Board; [* * *] [The words 'whether elected or appointed' repealed by Section 10, Bihar Act 40 of 1950.] [whether elected or co-opted] [Inserted by Bihar Act 38 of 1954.] ceases to be a member thereof by reason of his death, resignation, removal or otherwise, the vacancy so caused shall be filled by the election [* * *] [The words 'or appointment as the case may be 'repealed by Section 10 of Bihar Act 40 of 1950.] [or co-option as the case may be] [Inserted by Bihar Act 38 of 1954.] of another member.Chairman and Vice-Chairman19. Election or appointment of Chairman of District Board.
19.
20. Election or appointment of Chairman of Local Board.
20.
21. Status of appointed Chairman.
- Notwithstanding anything contained in Section 7 or Section 10, every Chairman of a District Board or Local Board appointed under Section 19 or Section 20 shall, if he is not a member of the District Board or Local Board of which he has been appointed Chairman, from the date of his appointment during the term of his office, enjoy all the rights and privileges and be subject to all the liabilities and disabilities of a member of a such District Board or Local Board.22. [ Election of Vice-Chairman of District and Local Boards. [Substituted by Bihar Act 38 of 1954 for original section.]
23. Grant of leave to Chairman or Vice-Chairman.
- The District Board or Local Board may grant leave of absence to its Chairman or Vice-Chairman for any period not exceeding three months in any one year.24. Term of office of Chairman and Vice-Chairman.
- The Chairman and Vice-Chairman of a District Board or Local Board shall continue to hold office until the next general election of members of the District Board and for such further period as may elapse between the date of the general election and the first meeting of the newly constituted District Board or Local Board, as the case may be, held under the provisions of sub-section (2) of Section 19, or of sub-section (2) of Section 20, and they shall then vacate office.24.
25. Meeting of election of Chairman and Vice-Chairman.
25.
26. Resignation of Chairman or Vice
- Chairman. - (1) An appointed Chairman of a District Board or Local Board may resign in writing to the [State] [Substituted by ALO for 'Provincial'.] Government and on such resignation being accepted shall be deemed to have vacated office.27. Removal of Chairman and Vice-Chairman.
- A Chairman or a Vice-Chairman of a District Board or Local Board may at any time be removed from office by a resolution of the District Board or Local Board, as the case may be, in favour of which less than two-thirds of the whole number of the members of such Board have given their votes at a meeting specially convened for the purpose.27. An elected Chairman [or a Chairman appointed under sub-section (4) of Section 19] [Added by Notification No. 3469 LSG, dated the 12th July, 1943.] or a Vice-Chairman of a District Board or Local Board may at any time be removed from office by a resolution of the District Board or Local Board, as the case may be, in favour of which not less than two-thirds of the number of the members of such Board have given their votes at a meeting specially convened for the purpose.]
28. Casual vacancies.
29. Incorporation of District Board.
- Every District Board shall be a body corporate by the name of the District Board of the district by reference to which it is known, and shall have perpetual succession and a common seal, with power to acquire and hold property both movable and immovable and subject to any Rules made under this Act, to transfer any such property held by it, and to do all other things necessary for the purpose of the Act, and may sue and be sued in its corporate name.29A. [ Proceedings not to be invalidated by casual vacancies. [Substituted for the original Section B. and O. Act 1 of 1923.]
- No act of a District Board or Local Board shall be deemed to be invalid only by reason of the existence of a vacancy in such Board.]29B. [ Powers of the State Government to authorise servants of the Government to attend meetings of District Board or Local Board. [Inserted by Bihar Act 40 of 1950.]
30. Joint Committees.
- A District Board may join with any other District Board or with any [Municipal] [As to municipal authorities vide the Bihar and Orissa Municipal Act, 1922 (B. and O. Act 7 of 1922).] or [Cantonment] [As to cantonment authorities Wdethe Cantonment Act, 1924 (2 of 1924) (Central Act).] authority, or with more than one such Board, or Municipal or Cantonment authority in constituting out of their respective bodies a Joint Committee for any purpose in which they are jointly interested, and in delegating to any such Joint Committee any power which might be exercised by either or any of the Boards or authorities concerned, and may from time to time frame Rules as to the proceeding of any such Joint Committee, and as to the conduct of correspondence relating to the purpose for which the [Joint Committee is constituted.] [For similar provision applying to local authorities generally see the B. and O. Municipal Act, 1922 (B. and 0. Act 7 of 1922), Section 5].]Conduct of Business31. Record and publication of proceedings.
- Minutes of the proceedings at each meeting of a District Board or Local Board shall be drawn up and recorded in a book to be kept for the purposes, and shall be signed by the Chairman of the meeting, and shall be published in such manner as the [State] [Substituted by ALO.] Government may from time to time direct, and shall at all reasonable times and without charge be open to the inspection of any person resident within, or owning or holding land within, the jurisdiction of such Board.Resolutions passed by District Board. - A copy of every resolution passed by a District Board at a meeting shall, within three days from the date of the meeting, be forwarded to the Magistrate of the district for transmission to the Commissioner.or Local Board how to be treated. - A copy of every resolution passed by a Local Board at a meeting shall, within three days from the date of the meetings be forwarded to the District Board and to the Magistrate of the district.32. [ Power to make Rules as to business and affairs. [Substituted for the original portion as amended by Bengal Act 5 of 1908, by the B. and O. Act 1 of 1923.]
- Every District Board, subject to the control of the [State] Government, and every Local Board, with the sanction of the District Board and subject to the control of the [State] [Substituted by ALO.] Government shall makes Rules as to-]33. District Board may appoint establishments and fix salaries.
- Every District Board, subject to the provisions hereinafter contained, may from time to time determine and appoint the establishment to be employed by it, or by any Joint Committee constituted under Section 30, or by [any Committee of the District Board, and may fix the pay of such establishment:] [Substituted for the words and figure 'an Educational Committee referred to in Section 65- B, and may fix the salaries to be paid to such establishment' by B. and O. Act 1 of 1921.]Provided-34. (Rules regarding leave of absence, and absence allowances to officers.
[Repealed by the Bengal Local Self-Government (Amendment) Act, 1908 (Ben. Act 5 of 1908), Section 2.]35. [ Pensions and gratuities to be paid out of the District Fund. [Substituted for the original Section 35 by Bengal Act 5 of 1908.]
- District Board may, from time to time, [* * *] subject to [the provisions hereinafter contained and to] [Inserted by the Bihar Act 24 of 1948.] the control of the [State] [Substituted by ALO.] Government, make Rules for pensions and gratuities to be granted and paid out of the District Fund to its establishment, and for the grant and payment therefrom of extraordinary pensions and gratuities to the families of deceased employees, and may [* * *] [The word 'with the like sanction and' repealed by the B and O Act 1 of 1923.] [subject as aforesaid] [Substituted by the Bihar Act 24 of 1948 for 'Subject to the like control'.] repeal, add to, or alter such rules.]35A. [ Provident Fund. [Inserted by the Bengal Act 5 of 1908.]
- A District Board may from time to time [* * *] subject to [the provisions hereinafter contained and to] [Inserted by the Bihar Act 24 of 1948.] the control of the [State] [Substituted by ALO.] Government, make rules-35B. [ Power of State Government to fix pay, etc., of officers and servants of District Boards. [Inserted by the Bengal Act 5 of 1908.]
- Notwithstanding anything to the contrary contained in the provision made in or under this Act, the [State] Government shall have power to fix the designations, grades and pay of the officers end servants of any District Board or any class of such officers and servants.]36. [ Union Committee may appoint, establishment and fix salaries. [Sections 36 to 44 are repealed in areas in which Part IV of B. and O. Act 3 of 1922 is in force See Section 2(1) of and Schedule 1 to that Act.]
- Every Union Committee may, from time to time, determine and appoint establishment to be employed by it and may fix the salaries to be paid to such establishment:]Provided that no appointment, the monthly salary of which amounts to ten rupees or more, shall be created without the consent of [the District Board] [Substituted for the words 'the Local Board for which the Union Committee creating such appointments subordinate' by Bengal Act 4 of 1908.],[Chapter-IA] [Inserted by Bihar Act 24 of 1948.]Service of District Engineers for Bihar36A. Constitution of a Service of District Engineers for the State of Bihar.
- The [State] [Substituted by ALO.] Government may, by notification, constitute Service of District Engineers for the whole of the [State] [Substituted by ALO.] of Bihar.36B. Appointment of members of the Service of District Engineers.
36C. Transfer of District Engineers.
36D. Power to make rules as to conditions of service, etc., of the members or the Service of District Engineers.
36E. Payment of pay and allowance to, and contributions for, members of the Service of District Engineers and recoveries thereof.
36F. Control over members of the Service of District Engineers.
- Subject to the provisions of this Act and rules made thereunder, a member, or person deemed to be appointed as a member of the Service constituted under Section 36-A, shall be under the control of the District Board under which he is serving.Chapter-II Union Committees37. Operation of Chapter.
- No provision contained in the Chapter shall apply to any district, or part of a district, unless and until it has been expressly extended thereto, by notification, by the [State] [Substituted by ALO.] Government.38. Formation of Unions.
- The [State] [Substituted by ALO.] Government may by order in writing, constitute any village or group of villages into a Union; and may prescribe for such Union the number of members of which the Union Committee shall consist. Such number shall not be less than five or more than nine.It shall be lawful for the [State] [Substituted by ALO.] Government from time to time to vary or annul such order.39. Election of members of Union Committee.
- Save as is hereinafter provided, such number shall be elected from among the residents of the Union in accordance with rules made by the [State] [Substituted by ALO.] Government under this Act, and shall constitute the Union Committee of such Union.40. Appointment on failure to elect.
- If the electors of any Union fail to elect the full number of members prescribed for the Committee of such Union, the Commissioner may appoint the remainder.41. Appointment in substitution of election.
- Notwithstanding anything in this Act contained, it shall be lawful for the [State] [Substituted by ALO.] Government to direct by order in writing, for reasons to be stated in such order, that any Union Committee shall consist, either wholly or in part, of members appointed by the Commissioner.41A. [ Chairman of Union Committee. [Inserted by Bengal Act 5 of 1908.]
42. Term of office of members.
- The term of office of the members of a Union Committee shall be two years from the date of their election or appointment, but shall include any period which may elapse between the expiration of the said two years and the date of the next subsequent election or appointment not being an election or appointment under the next succeeding section.At the expiration of such term such members may be re-elected or reappointed.43. Filling of casual vacancies.
- When the place of an elected or appointed member of a Union Committee becomes vacant by the resignation or death of such member, a new member shall be elected or appointed, in the manner hereinbefore provided, and shall hold office until the person whose place he fills would regularly have gone out of office, and shall then go out of office, but may be re-elected re-appointed:Provided that no act of the Committee or of its officers, or of the Committee in meeting, shall be deemed to be invalid by reason only that the number of the Committee at the time of the performance of such act was less than the prescribed number.44. Joint Union Committees
- Any Union Committee may from time to time, with the consent of [the District Board] [Substituted for the words 'the Local Board to which it is subordinate as hereinafter provided' by Bengal Act 5 of 1908.], join with any other Union Committee or Committees in constituting out of their respective bodies a Joint Union Committee for any purpose in which they are jointly interested, and in delegating to any such Joint Union Committee any power which might be exercised by either or any of the Union Committee; and may from time to time frame rules as to the proceedings of any such Joint Committee and as to the conduct of correspondence relating to the purpose for which the Joint Union Committee is constituted.It shall be lawful for [the District Board] [Substituted for the words 'the Local Board' by Bengal Act 5 of 1908.] to associate not more than two of its members with any Joint Union Committee constituted under this Section.Part-II FinanceGeneral45. State Government may direct that funds of existing local bodies shall be vested in new local authorities.
- The [State] [Substituted by ALO.] Government may, by notification, direct that all or any portion of the funds vested in any local body existing in [any district in which this Act is in force] [Substituted for the words 'such district' by the Amending Act, 1903 (1 of 1903), Schedule II.] shall be vested in any local authority constituted under this Act, immediately upon such local authority being constituted.Chapter-I46. District Board to fix rate of local cess annually.
- A District Board, or or before the day prescribed in the rules made by the [State] [Substituted by ALO.] Government under this Act, shall hold a meeting for the purpose of fixing the rate at which the [local cess] [Substituted for 'road cess' by B. and O. Act 3 of 1932.] [on the annual value of lands] [Inserted by Bihar Act 24 of 1948.] shall be levied in the district during the ensuing cess year:Provided that the rate at which [such local cess] [Substituted by Bihar Act 24 of 1948., for 'the local cess'.] is levied [* * *] [The words 'when this Act comes into force in such district' repealed by B. and O. Act 3 of 1932.] shall not be reduced without the sanction of the [State] [Substituted by ALO.] Government:[Provided further that if the District Board fails to fix the rate of such local cess for the ensuing year as required by this section, the rate at which such local cess shall be levied during the ensuing cess year shall, subject to the provisions of sub-section (2) of Section 38 of the Cess Act, 1880, be the same as the rate at which such local cess was levied during the cess year immediately preceding the ensuing cess year.] [Added by Bihar Act 24 of 1948.]46A. [ State Government to prescribe minimum closing balance, statements, etc. [Inserted by B and O Act 1 of 1923.]
47. [ Budget estimates. [Sections 47 to 49 substituted for the original sections by B. and O. Act 1 of 1923.]
48. [ Power of State Government as to budget estimate. [Added by Bihar Act 24 of 1948.]
- The [State] Government, if it finds the budget estimate defective, erroneous or improper in respect of any of the particulars specified in Section 47, shall return it to the District Board for the alterations and modifications as the [State] [Substituted by ALO.] Government may deem necessary, and the District Board shall make such alterations and modifications in the budget estimate and re-submit it to the [State] [Substituted by ALO.] Government for its approval.]49. [ How details of budget estimate may be altered. [Sections 47 to 49 substituted for the original sections by B. and O. Act 1 of 1923.]
- When a budget estimate has been finally approved by the [State] Government, the District Board shall not incur expenditure under any of the heads of the budget estimate in excess of the amount provided under that without making provision for such excess by variation and alteration of the budget, and, if the variation or alteration affects any provision made in accordance with clauses (b), (c) or (d) of sub-section (3) of Section 47, shall obtain the approval of the [State] [Substituted by ALO.] Government thereto.]50. District Boards may raise loans and may form a sinking fund.
- It shall be lawful for a District Board, subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force, from time to time to raise loans for the purpose of carrying out any of the provisions of this Act, and to guarantee the payment of interest on such loans and to form a sinking fund:[Provided that no loan shall be raised for the purpose of constructing and maintaining railway or tramway under the provisions of Section 80, unless it is authorized by a resolution which has been passed at a meeting specially convened for the purpose and in favour of which a majority of not less than two-thirds of the members of the District Board have voted.] [Added by the Bengal Local Self Government (Amendment) Act, 1908 (Bengal Act 5 of 1908).]51. Estimates and audit of accounts of Local Boards.
- Every Local Board shall submit to the District Board annually, on or before such date as the District Board may appoint, a statement of the requirements and an estimate of the probable expenditure of the Local Board for the ensuing financial year, and shall submit, as often as the District Board may require, accounts of its receipts and expenditure.The District Board may approve such estimate or may make such alterations therein as it thinks fit.The District Board shall make arrangements [* * *] [The words 'subject to the approval of the Commissioner' repealed by B. and O. Act I of 1923.] for the examination and audit of accounts submitted to it under this section, and may direct the publication of such accounts.Chapter-II The District Fund52. Constitution of District Fund.
- There shall be formed for each district a fund to be called the "District Fund" and there shall be placed to the credit thereof-53. Application of District Fund.
- [Save as otherwise provided in Section 36-E, the District Fund shall be applicable] [Substituted by the Bihar Act 24 of 1948 for the words 'the District Fund shall be applicable'.] to the following objects, and in the following order:-[Firstly. [The clauses Firstly and Secondly were inserted and the subsequent clauses renumbered by B. and O. Act 1 of 1916.] - To the payment of the cost of establishments entertained and expenses incurred by the Collector under Section 91 of the Cess Act, 1880.Secondly. - To the indemnification of the Collector with the sanction of Commissioner, for any other costs or damages which he may have incurred or for which he may have become liable, in the course of the proceedings for the assessment and collection of the local cess under the Cess Act, 1880.]Thirdly. - To the payment of any sums which the District Board may be liable to pay as interest upon loans raised by it under Section 50 for the purposes of this Act, and to the formation of a sinking fund, when required.Fourthly. - To the payment of any sums which the District Board may under this Act from time to time have undertaken to pay as interest on capital expended on any works which may directly improve the means of communication within the district or between such district and other districts.Fifthly. - To the payment of such percentage as the [State] [Inserted by Bihar Act 7 of 1954.] Government may from time to time direct towards the cost of audit and towards the cost of establishments in office of account or in any treasury:Provided that the total amount, which any District Board may be required to pay on this account shall not in any year exceed two per centum on the whole amount of the District Fund for such year.Sixthly. - To the payment of salaries of the establishments employed by the District Board for the purposes of this Act, and of any pensions and gratuities granted under Section 3 and Section 35 [and of any grants made for supplementing contributions by members of such establishments to any Provident Fund created under Section 35-A] [Inserted by the Bengal Act 5 of 1908.], and to the payment to the [State] [Inserted by Bihar Act 7 of 1954.] Government of such percentage as the [State] [Inserted by Bihar Act 7 of 1954.] Government may from time to time direct on the salaries of such establishment in consideration of the [State] [Inserted by Bihar Act 7 of 1954.] Government under taking to pay the leave and pension allowance of such establishment.[Seventhly. [Substituted for the original clause by Bengal Act 5 of 1908.] - To the payment of-53A. [ Temporary or accidental deviations from provision relating to crediting or application of District Fund. [Inserted by Bengal Act 5 of 1908.]
- If deviation from the provisions of this Act, or of any rule made hereunder [relating to the crediting of the local cess to the District Fund or the application thereof as part of such fund shown to the satisfaction] of the [State] [Substituted by ALO.] Government to have been of temporary duration or of an accidental character [it] [Substituted for the word 'he' by B. and O. Act 1 of 1923.] may cause a declaration to be made to that effect; and such deviation shall thereupon be deemed to be valid, notwithstanding any of the provisions herein before referred to.]53B. [ Objects not provided for by this Act. [Inserted by Bihar Act 40 of 1950.]
- The State Government may at any time, with the consent of the District Board, transfer to it the management of any institution or the execution of any works not provided for by this Act and it shall thereupon be lawful for the District Board to undertake the management of such institution or the execution of such works:Provided that in every such case the funds necessary for such management or execution shall be placed at the disposal of the District Board by the State Government.]54. Accounts of District Fund how to be kept and published.
- Account-books of the District Fund shall be kept by an officer to be appointed by the District Board.An account showing the receipts and expenditure-during the quarter, arranged under the proper heads and duly balanced, shall be prepared immediately after the close of each quarter, and published in such manner as the [State] [Substituted by ALO.] Government direct, and any person resident in or owning or holding land in the district may at all reasonable times inspect any such account without payment of a fee.A similar account showing the income of the District Fund under each head of receipt, the charges of establishment, the works undertaken, the sums expended on each work, and the balance, if any, of the Fund remaining unspent at the end of the year, shall be prepared for each financial year as soon as possible after its close, and shall be open to inspection as aforesaid.54A. [ Constitution of District Education Fund. [Inserted by Bihar Act 7 of 1954.]
54B. Application of District Education Fund.
- The District Education Fund shall subject to such rules as may be prescribed by the State Government, be applicable to the following object, namely:-54C. Accounts of District Education Fund, how to be kept and published.
- Account of the District Education Fund shall be kept by the District Superintendent of Education.An account showing the income of the District Education Fund under each head of receipt, the charges of establishment, the works undertaken, the sums expended on each works and the balance, if any, of the Fund remaining unspent at the end of the year, shall be prepared for each financial year as soon as possible after its close and any person resident in, or owning or holding land in, the district may at all reasonable time inspect any such account without payment of a fee.]55. Finance Committee.
- Every District Board shall appoint a Finance Committee consisting of so many members as it thinks fit.Its duties. - It shall be the duty of such Committee to prepare the statements, estimates and accounts required for submission under [Sections 46-A and 47] [Substituted for 'section' by B. and O. Act 1 of 1923.] and generally to superintend all matters connected with the finances and accounts of the District Boards.The Finance Committee shall at all time, when required so to do, produce its accounts for audit by any officer who may be appointed by the [State] [Substituted by ALO.] Government in that behalf.[Chapter-III] [This Chapter III (Sections 56 to 58) is repealed in areas in which Part IV of B. and O. Act 3 of 1922, is in force.] The Union Fund56. Constitution of Union Fund.
57. Application of Union Fund.
- The Union Fund shall be applicable to the following objects, and in the following order:58. Accounts of Union Fund how to be kept and published.
- Account-books of the Union Fund shall be kept by an officer to be appointed by the Union Committee.An account showing the receipts and expenditure during the quarter, arranged under proper heads and duly balanced shall be prepared immediately after the close of each quarter and published in such manner as the [State] [Substituted by ALO.] Government direct and any person resident in, or owning or holding land in, the Union may at all reasonable times inspect any such account without payment of a fee.A similar account showing the income of the Union Fund under each head of receipt, the charges of establishment, the works undertaken, the sums expended on each work, and the balance, if any, of the Fund remaining unspent at the end of the year, shall be prepared for each financial year as soon as possible after its close, and shall be open to inspection as aforesaid.Copies of the quarterly and yearly accounts shall be submitted to [the District Board.] [Substituted for 'the Local Board to which such Union Committee is subordinate' by Bengal Act 5 of 1908.]Part-III Duties and Powers of Local AuthoritiesChapter-1 Duties and Powers of District Board59. Operations of provisions included under headings A to E.
- The provisions included under the headings A to [E] [Substituted for 'D' by Bengal Act 5 of 1908.] (both inclusive) of this Chapter shall be in force as regards every District Board, unless and until the [State] [Substituted by ALO.] Government shall otherwise direct.60. Operation of provisions included under headings F to I.
- No provision included under the headings [F] [Substituted for the letter 'E' by Bengal Act 5 of 1908.] to I (both inclusive) of the Chapter shall apply to any District Board, unless and until it has been expressly extended thereto by notification by the [State] [Substituted by ALO.] Government.A. - Pounds61. [ Powers of District Boards in respect of pounds. [Substituted for the original Section 61 by Bengal Act 5 of 1908.]
- Every District Board shall perform such functions as may be transferred to it by notification under Section 31 of the Cattle Trespass Act, 1871,]B. - Education62. [ Primary and middle schools under public management. [Section 62 is in force in areas in which Part IV of the B. and O. Act 3 of 1922 is not in force.]
- Subject to any rules made by the [State] Government under this Act, every District Board shall be charged with, and be responsible for the maintenance and management of all primary and middle schools under public management within the district, the construction and repair of all buildings connected therewith, the appointment (subject to the provision of Section 33) of all masters and assistant masters thereof, and the payment of the salaries of such masters and assistant masters;]62. [ [Section 62 is in force in areas in which Part IV of the B. and O. Act 3 of 1922, is in force.] Subject to any rules made by the [State] Government under this Act and to the Bihar and Orissa Village Administration Act, 1922, every District Board shall be charged with, and responsible for the maintenance of middle schools under public management within the district the construction and repairs of all buildings connected therewith, the appointment (subject to the provisions of Section 33) of all masters and assistant masters thereof, and the payment of the salaries of such masters and assistant masters:]
Provided that nothing contained in this section shall be held to apply to schools for the education of Europeans and [Anglo-Indians] [Substituted by Bihar Act 7 of 1954 for 'Eurasians'.].[Provided further that the posting and promotion of the masters and assistant masters and other establishments of such schools shall be made, and disciplinary action, including removal and dismissal, taken against them, by the District Board in consultation with the District Superintendent of Education appointed under Section 62-A.] [Inserted by Bihar Act 7 of 1954.]62A. [ Power of State Government to appoint District Superintendent of Education and other officers. [Inserted by Bihar Act 7 of 1954.]
- The State Government, may appoint for each district a District Superintendent of Education and such other officer or officers to assist him as it thinks fit and their establishment and may transfer the Superintendent and the officers from one district to another.]62B. Control over establishment of schools to which grants-in-aid are made.
- Subject to the Rules made by the State Government in this behalf, the appointment, positing and promotion of the masters, assistant masters and other establishments of schools to which grant-in-aid are made shall be made, and disciplinary action, including removal and dismissal against them shall be taken by the District Superintendent of Education in consultation with the District Board.62C. Procedure in case of difference of opinion between District Board and District Superintendent of Education.
63. [ Other schools. [Substituted by Bihar Act, Act 7 of 1954. for original Section.]
- The District Board may, subject to any Rules made by the State Government under this Act, with its consent be charged with, and made responsible for the maintenance and management of any other schools or class of schools within the district.]63A. [ Libraries, reading-rooms and institutes of physical culture. [Inserted by Bihar Local Self Government (Amendment) Act, 1950 (Bihar Act 40 of 1955).]
- The District Board may, subject to any Rules made by the State Government under this Act,-64. High English Schools.
- It shall be lawful for the [State Government] [Substituted by ALO.] to declare that the maintenance and management of any High English School under public management, situated within a town which has been or may here-after be constituted a municipality under the [Bihar and Orissa Municipal Act, 1922] [Substituted for the words and figures 'Bengal Municipal Act, 1884' by the B. and O. Act of 1923.] shall be entrusted to a Joint Committee, consisting partly of members delegated by the Commissioners of such municipality and partly of members delegated by such District Boards as may be named in the order.[Provided that no order shall be made under this section except with the consent of each of the local authorities and the municipal authority affected thereby.] [Inserted by B. and O. Act 1 of 1923.]Every order issued under this section shall specify the number of members to be delegated, and the proportion of the cost of maintenance of the school to be provided by each of the local authorities and the municipal authority named therein.Every Joint Committee appointed under this section shall, in respect of any such school have the same powers and be subject to the same liabilities as are by this heading conferred and imposed on District Boards.64A. [ Provision, maintenance and management of students' hostels. [Inserted by Bengal Act 5 of 1908.]
- The District Board may, subject to any rules made by the [State] Government under this Act,-65. Transfer of funds by Government to District Board.
- It shall be lawful for the [State] [Substituted by ALO.] Government from time to time to transfer to a District Board such funds as [it] [Substituted for the word 'he' by B. and O. Act 1 of 1923.] may deem necessary for expenditure on-65A. [ Site of student's hostels. [Inserted by the Act 5 of 1908.]
- The hostel referred to in Sections 64-A and 65 may be situated either within the area directly subject to the authority of the District Board or within any place or town lying within that area in which the [Bihar and Orissa Municipal Act, 1922] is for the time being in force.]65B. [ Constitution and functions of Education Committee. [Inserted by Bengal Act 5 of 1908 and the present section has been substituted for the section by the B. and O. Act, 1 of 1923.]
65C. [ Constitution of Planning Committee for Education and its functions. [Inserted by Bihar Act 7 of 1957.]
65D. Power of State Government to appoint an authority to perform the duties of District Board in respect of education.
- If the State Government is satisfied after such inquiry as it thinks fit that any sums granted or funds transferred by the State Government to the District Board for purposes of education are not being spent properly on the purpose for which the sums were granted or the funds were transferred, the State Government may, by notification, appoint an authority who shall, subject to the control of the State Government, perform the duties imposed on the District Board under this Act in respect of education and direct the person having the custody of the District Education Fund to pay to such authority the amount necessary for the performance of such duties.]66. District Board to have control and administration of public charitable dispensaries or hospitals within the district.
- It shall be lawful for the [State] [Substituted by ALO.] Government from time to time to direct, by notification, that any public charitable dispensary or hospital within a district shall be under the control and administration of the District Board.And the District Board shall thereupon be charged with the control and administration thereof, and the construction and repair of all buildings connected therewith.The [State] [Substituted by ALO.] Government may at any time vary or annul any order made under this section.67. District Board may establish and maintain dispensaries and hospitals.
- A District Board may provide, for the use of the inhabitants of the district, dispensaries, hospitals or temporary places for the reception of the sick, and for that purpose may-itself build such dispensaries, hospitals or places of reception; or contract for the use of any such dispensary, hospital or place of reception, or of any part thereof; or enter into any agreement with any person having the management of any hospital for the reception of the sick inhabitants of the district, on payment of such annual or other sums as may be agreed on.A District Board may also provide for-67A. [ Management of hospitals and dispensaries by Joint Committee. [Inserted by the B. and O. Act 5 of 1908.]
68. Two or more District Boards may combine to establish dispensaries.
- Two or more District Boards may [* * *] [The words 'with the approval of the Commissioner or Commissioners' and the words 'with the like approval' repealed by B. and O. Act 1 of 1923.] combine in providing a common dispensary, hospital or place for the reception of the sick and [* * *] [The words 'with the approval of the Commissioner or Commissioners' and the words 'with the like approval' repealed by B. and O. Act 1 of 1923.] fix the proportion of the cost thereof to be borne by them respectively.69. District Board may contribute to cost of maintenance of dispensary or hospital outside district.
- A District Board may [* * *] [The word 'with the approval of the Commissioner' repealed by B. and O. Act 1 of 1923.] contribute such annual or other sums as may be agreed on towards the cost of the maintenance of any dispensary or hospital which is situated outside the district, but is habitually used by the inhabitants of district.70. Power to provide temporary supply of medicine and medical assistance.
- A District Board may [* * *] [The word 'with the approval of the Commissioner' repealed by B. and O. Act 1 of 1923.] provide, or contract with any person to provide a temporary supply of medicine and medical assistance for the poorer inhabitants of the district.71. District Board to conform to Rules made by State Government.
- Every District Board, in exercising the powers vested in it by [Sections 66 to to 70] [Substituted for the words 'the five last proceeding sections', by B. and O. Act 1 1923.] (both inclusive) shall conform to any Rules made by the [State] [Substituted by ALO.] Government under this Act.D-Public Works72. [ Constitution and functions of Public Works Committee. [The original Section 72 was repealed by Bengal Act 5 of 1908, and the present Section 2 inserted by the B. and O. Act 1 of 1923.]
73. Transfer to District Boards of roads and other property of District Road Committee.
- From and after the establishment of a District Board in any district, all roads, bridges, channels, buildings and other property, movable or immovable, held by, or under the control and administration of, the District Road Committee or any Branch Committee in such district for the purposes of the Cess Act, 1880, shall, for the purposes of this Act, [but subject to the provisions of Chapter III of Part III thereof] [Inserted by the Bengal Act 5 of 1908 and are repealed in areas in which Part IV of B. and O. Act 3 of 1922 is in force.] be under the control and administration of such District Board.[* * * * *] [The proviso to Section 73 repealed by Bengal Act 5 of 1908.]74. Government may place other property under District Boards.
- It shall be lawful for the [State] [Substituted by the AO for the words 'vested in Government'.] Government from time to time to direct that any roads, bridge, channel, building or other property, movable or immovable, which is [vested in the State Government] [Substituted by the AO for the words 'vested in Government'.] and which is situated within a district shall, with the consent of the District Board of such district, and subject to such exceptions and conditions as the [State] [Substituted by the ALO for the words 'the Crown for the purposes of the province'.] Government may make and impose be placed under the control and administration of the District Board for the purposes of this Act;and thereupon such road, bridge, channel, building or other property shall be under the control and administration of the District Board, subject to all exceptions and conditions so made and imposed and to all charges and liabilities affecting the same.75. Works constructed by District Board to be vested in it.
- Every road, building or other work constructed by a District Board from the District Fund shall be vested in the District Board by which it has been constructed.76. District Board may, with consent of owners, take over and repair works.
- A District Board may agree with the person in whom the property in any road, bridge, tank, ghat, well, channel or drain is vested to take over the property therein and after such agreement may declare, by notice in writing put up thereon or near thereto, that such road, bridge, tank, ghat, well, channel or drain has been transferred to the District Board.Thereupon the property therein shall be vested in the District Board, and such road, bridge, tank, ghat, well, channel or drain shall thenceforth be repaired and maintained out of the District Fund.77. District Board to submit schedules of public works.
- Every District Board shall, at such times and in such form as the [State] [Substituted by ALO.] Government may direct, submit a schedule of all public works subject to the control of, or vested in, such District Board.78. District Board to repair and maintain works.
- It shall be the duty of every District Board to provide for the repair and maintenance of roads, bridges, water-channels and other works for directly improving communications which have been taken charge of by the District Board under this Act, or towards which it may have agreed to contribute; and for the construction of new roads, bridges, water-channels and other means of communication.78A. [ Power to turn, divert, discontinue or close road. [Inserted by Bengal Act 5 of 1908.]
- The District Board may [* * *] turn, divert, discontinue or permanently close any road which is under the control and administration of, or is vested in, District Board.]79. Miscellaneous improvements.
- It shall be lawful for a District Board to take measures for, or to contribute towards. -the construction, repair and maintenance of any works which may directly improve the means of communication within the district or between the district and other districts;the planting of tree by the roadside; and the construction and maintenance of any means and appliances for improving the supply of drinking-water, or for providing or improving drainage.80. District Board may construct and maintain railways or tramways.
- It shall be lawful for a District Board, with the sanction of the [State] [Substituted by ALO.] Government, either singly or in combination with any municipal authority or any other local authority, to construct and maintain within, or partly within and partly without, its own district, a railway or tramway under the provisions of any [law] [As to the railways see the Indian Railways Act, 1890 (9 of 1890); as to tramways see the Bengal Tramways Act, 1883 (Bengal Act 3 of 1883).] for governing the construction of railways or tramways for the time being in force in [Bihar and Orissa] [Substituted for 'Bengal' by B. and O. Act 1 of 1923.], and to do all lawful acts which may be necessary in that behalf.81. District Board may subscribe to debenture loan to construct and maintain railways or tramways.
- It shall be lawful for a District Board, with the sanction of the [State] [Substituted by ALO.] Government, to subscribe to any debenture loan raised by the [Central or any [State] [Substituted by the AO for the words 'Government of India'.] Government] or by any municipal authority or local authority for the construction or maintenance of any railway or tramway which, in the opinion of such District Board, is likely to be of direct benefit to the district.82. District Board may guarantee interest on capital expended on works of communication.
- It shall be lawful for the District Board, with the sanction of the [State] [Substituted by ALO.] Government, from time to time, to guarantee the payment from the District Fund of such sums as it shall think fit as interest on capital expended on any railways, tramways, or other works which may directly improve the means of communication within the district or between the district and other districts:[Provided that no application for the said sanction shall be made, in the case of a railway or tramway unless it is authorized by a resolution which has been passed at a meeting specially convened for the purpose and in favour of which a majority of not less than two-thirds of the members of the District Board have voted.] [Added, by Bengal Act 5 of 1908.]83. District Board may undertake construction, repair and maintenance of Government buildings.
- It shall be lawful for a District Board from time to time to undertake on behalf of [the Government concerned] [Substituted by the AO for the words 'the Government'.], and upon such conditions as may be agreed upon, the construction, repair and maintenance of any public building or other work which is the property of [the Government] [Substituted by the ALO for 'the Crown'.]:Provided that the cost of such construction, repair or maintenance shall be defrayed by [the Government concerned.] [Substituted by the AO for the words 'the Government'.]84. District Board to appoint Engineer and his subordinates.
- Subject to the provisions of Section 33 and to any Rules made by the [State] [Substituted by ALO.] Government under this Act every District Board shall appoint [such and many subordinate officers to work under the orders of the District Engineer] [Substituted by Bihar Act 24 of 1948, for 'a properly qualified person to be its Engineer, and such and so many subordinate officers under his orders'.] as it may think necessary.85. Duties of District Engineer.
- It shall be the duty of the District Engineer to prepare all plans, designs, specifications and estimates which the District Board may require, to carry out such works as it may direct, and to conform generally to all rules that may be made by the District Board under Section 32 or by the [State] [Substituted by ALO.] Government under Section 138.86. Power of Boards under Sections 78 and 79 to be subject to Rules for approval of plans.
- The powers of the District Board under Sections 78 and 79 shall be subject to any Rules made by the [State] [Substituted by ALO.] Government under this Act regarding the submission for approval of plans, designs specifications and estimates;[and the power of the District Board to make any contribution under Section 79 shall be subject to any rules made by the [State] [Added, by Bengal Act 5 of 1908.] Government under this Act prescribing conditions precedent to the making of such contribution.][D(1) - Tolls on Bridges] [This heading and Sections 86-A to 86-M were inserted by Bengal Act 5 of 1908.]86A. Power of District Board to establish toll-bars and levy tolls.
- The District Board, with the sanction of the [State] [Substituted by ALO.] Government, may establish a toll-bar-(i)on any bridge in the district which has, after the [date] [The 28th October, 1908.] of the commencement of the Bengal Local Self-Government (Amendment) Act, 1938 been constructed or purchase out of the District Fund, or to the cost of the construction or purchase of which contribution has, after the said date, been made out of the District Fund; or(ii)on any roadway or foot-way of a railway bridge which has after the date, at the instance of the District Board and out of the District Fund, been constructed or widened as to allow the passage of persons, vehicles or animals; or(iii)at any place in the district, adjacent to any bridge referred to in clause (i) or clause (ii), at which tolls may conveniently be levied;[and may with the like sanction levy at such toll-bar a toll on vehicles and animals passing over such bridge, roadway or foot-way, for the purpose of recovering, during a period which may extend to twenty years-(a)the amount spent or contributed by the District Board for the purpose of constructing, purchasing or widening such bridge, road-way or foot-way;(b)the amount of the loss to the District Board of receipts in respect of any public ferry referred to in clause (4) of Section 52, when such loss results from the construction or widening of such bridge, road-way or foot-way;(c)interest on such amounts at the rate of five per centum per annum; and(d)the capitalized value of the estimated cost to the District Board of maintaining such bridge, road-way or foot-way and of renewing it, if it requires periodical renewal:Provided that-86B. Lease of toll-bar.
- The District Board may grant a lease, for any period not exceeding three years, of any toll-bar established under Section 86-A of this Act.86C. Procedure where two District Boards have contributed towards, cost of bridge, etc.
- When the District Boards of two adjacent districts having jointly constructed, purchased or contributed towards the cost of the construction or widening of a bridge, road-way or foot-way have received sanction under Section 86-A to the establishment of a toll-bar, the tools be levied or granted in lease by such District Board as the [State] [Substituted by ALO.] Government may, in [its] [Substituted by B and O Act 1 of 1923 for 'his'.] order according sanction, direct; and the proceeds of such tolls, or of the lease thereof, shall be adjusted between the two District Boards according to rules made in this behalf by the [State] [Substituted by ALO.] Government.86D. [ Exemptions. [Substituted for the original Section 86-D by B. and O. Act 1 of 1923.]
- The following vehicles and animals shall be exempted from payment of toll at any toll-bar established under Section 86-A, namely :-86E. Rates of tolls.
86F. Table of tolls to be hung up.
86G. Power to compound for tolls.
- The District Board or the lessee of any toll-bar, may compound with any person for a certain sum to be paid by such person [* * *] [The words 'for himself, or' repealed by B and O Act 1 of 1923.] for any vehicles or animals kept by him, in lieu of the rates specified under Section 86-E of this Act.86H. Power of toll-Collector or lessee in case of refusal to pay toll.
- Any toll-Collector or lessee of a toll-bar established under Section 86-A of this Act may refuse to allow [any vehicle or animal] [Substituted the words 'any person' by Act 1 of 1923.] to pass through the toll-bar until the proper toll has been paid.86I.
[Omitted].86J. Penalty for refusing to pay toll.
- Whoever, having rendered himself liable to the payment of toll, refuses to pay the toll, shall be liable to fine which may extend to fifty rupees.86K. Police Officers to assist.
- If resistance is offered to any person authorized under this Chapter to collect tolls, any police officer whom he may call to his aid shall be bound to assist him; and such police-officer shall, for that purpose, have the same powers as he has in the exercise of his ordinary police duties.86L. Penalty for taking unauthorized tolls.
- If any person authorized under this Chapter to collect tolls demands or take any higher tolls than the tolls authorized under this Chapter, he shall be liable to fine which may extend to fifty rupees, and, in default of payment, to imprisonment for a term which may extend to one month.]86M. District Board to publish expenses, etc., of toll-bar.
86N. Power of District Board to establish irrigation works and levy fees.
- It shall be lawful for the District Board, with the sanction of the State Government to incur expenditure on such local irrigation works or the construction, acquisition or maintenance of such embankment, reservoir, water-channel or well within the district as may appear to it be necessary and desirable for providing irrigation facilities to the people of the district and recover, with the like sanction from the owners of land within the benefited area, whether such benefit takes the form of direct irrigation, percolation, or improvement of the water-supply in wells or drainage of excessive water or otherwise, a uniform rate or of differential rates imposed on such land at a meeting of the District Board held every year before the commencement of the financial year for which such rate is imposed.D(III)-Taxation of Carts and Carriages86O. Registration, taxation and numbering of carts.
- When it has been determined that all carts shall be registered and that a tax on carts shall be imposed, the District Board may make and publish an order that every cart, which is kept or is used in the ordinary course of business within the district, shall be registered and taxed by the District Board:Provided always that such order shall be published at least one month before the beginning of the financial year in which such order for registration and taxation shall be enforced.86P. Registration of carts and renewals thereof on payment of fee.
86Q. Levy of tax on carts.
86R. Proportionate payment of tax.
- Any person becoming possessed of any cart which has not been registered and taxed for the then current period of registration shall register the same within one month from the date on which he may have become possessed thereof, and the authority prescribed under Section 86-P shall grant a certificate of registration in any such case on payment of such amount of the registration fee and tax as bears the same proportion to the entire registration fee and tax for the current period of registration as the unexpired portion of the current period of registration bears to the whole of such period; and such fee and tax shall be calculated from the date on which such person shall have become possessed as aforesaid.86S. Transfer of ownership.
- When the ownership of any registered cart is transferred within any period of registration, it shall be registered a new within one month of the transfer in the name of the person to whom it has been transferred, and a fee not exceeding four annas shall be paid for every such reregistration.86T. Penalty.
- Any person who keeps or is in possession of a cart which has not been duly registered or in respect of which no tax has been paid as required by any of the four last preceding sections shall be liable to a fine not exceeding four times the amount payable by him in respect of such taxation and registration, inclusive of the amount so payable; and whoever being the owner, or driver of any cart, fails to affix thereto the registration number as required by Section 86-P shall be liable to a fine not exceeding five rupees.86U. Prohibition of double taxation.
- Nothing in Section 86-O to 86-T shall be deemed to authorise two or more local authorities to charge or levy between, more than one registration fee or tax for the same period in respect of any cart which is used in the ordinary course of business within the limits of two or more local authorities and in the event of any dispute arising as to which of several local authorities is to charge fee or levy the tax or as to how the fee or tax charged or levied is to be apportioned between several local authorities the question shall be referred to the State Government whose decision thereon shall be final.86V. Tax on carriages.
86W. Power to exempt.
- In making an order under Section 86-V or by a subsequent order, the District Board may exempt from the tax, imposed under the said section, any carriage or class of carriages mentioned in the Third Schedule.Explanation. - For the purposes of Sections 86-O to 86-W, a cart or carriage shall be deemed to be used in the ordinary course of business, if it is used on business on an average twice a week.] [Substituted for the original provisions by B. and O. Act 1 of 1923.]E-Sanitation87. District Board to provide for sanitation.
- It shall be the duty of every District Board, subject to any rules made by the [State] [Substituted by ALO.] Government under this Act, to provide so far as may be possible, for the proper sanitation of its district, and to incur such expenses or undertake such liabilities as may be necessary in that behalf.88. General powers for supplying water within district.
- A District Board may [* * *] [The words 'with the approval of and subject to such limits of cost as shall be imposed by the Commissioner' repealed by B. and O. Act 1 of 1923.] provide any place within its district with a proper and sufficient supply of water, and for this purpose may-88A. [ Power to contribute towards cost of municipal water supply or prevention of plague. [Inserted by Bengal Act 5 of 1908.]
- A District Board may, with the sanction of the [State] Government, contribute such annual or other sum as may be agreed upon towards the cost of-89. [ Public streams, channels, water-courses, tanks, reservoirs, springs and wells to be under control of District Board. [Section 89 is in force in areas in which Part IV of B. and O. Act 3 of 1922, is not in force.]
- All streams, channels water-courses, tanks, reservoirs, springs and wells situated within the district, and not being private property or under the control of any servant of the [Government] shall, for the purpose of this Act, be under the control and administration of the District Board.]89. [ [Section 89 is in force in areas in which Part IV of B. and O. Act 3 of 1922, is in force, See Section 2(1) of and Schedule 1 to that Act.] Subject to the provisions of the Bihar and Orissa Village Administration Act, 1922 streams, channels water-courses, tanks, reservoirs, springs and wells situated within the district, and not being private property or under the control of any servant of the [Government], shall for the purposes of this Act, be under the control and administration of the District Board.]
90. District Board may set apart tanks, part of rivers, streams or channels for drinking and culinary purposes.
- The District Board may, by an order duly published at such places and in such manner as it may deem fit, set apart convenient tanks parts of rivers, streams or channels situated within the district, and not being private property or under the control of any servant of the [Government] [Substituted by the ALO for 'Crown'.], for the supply of water for drinking and for culinary purposes; and from the date of publication of such order, such tanks, parts of rivers, streams or channels shall be held to be public springs or reservoirs.91. [ Constitution and functions of Sanitation Committee. [Substituted for Section 91 as inserted by the Bengal Local Self-Government (Amendment) Act, 1908, by B. and O. Act 1 of 1923.]
91A. [ Appointment of Health Officers, etc. [Inserted by B. and O. Act 1 of 1923.]
- The District Board shall appoint a Health Officer and may appoint such number of Additional or Assistant Health Officers as it may consider necessary:[Provided that the State Government may, by notification, exempt any District Board from the operation of this section in respect of the Health Officer and Additional Health Officer and where the State Government has not exempted any District Board it shall be lawful for the State Government-91B. [ Control over public health staff. [Inserted by Bihar Act 9 of 1954.]
91C. [ Constitution and functions of Public Health Board. [Inserted by B. and O. Act 1 of 1923.]
92. District Board to have supervision of vaccinator within their districts.
- Every District Board shall within its district, be charged with the appointment, payment, management and supervision of all public vaccinators.93. District Board to appoint Inspectors of Vaccination.
- Every District Board shall appoint a properly qualified person to be Inspector of Vaccination within its district, and shall, subject to the provisions of Section 33, fix the salary to be paid to such person.Every inspector of Vaccination appointed under this section shall, within the district, exercise the powers and perform the duties assigned to the Superintendent of Vaccination under the Bengal Vaccination Act, 1880.94. District Board to have powers of Magistrate in district to which the Vaccination Act extends.
- In every district to which the Bengal Vaccination Act, 1880, has been, or may hereafter be, extended, the District Board shall have the powers of the Magistrate of the district under Section 25 of the said Act.95. Commissioner to make Rules for guidance of District Boards.
- The Commissioner may with the sanction of the [State] [Substituted by ALO.] Government, make rules consistent with this Act, and with the Bengal Vaccination Act, 1880, for the guidance of every District Board in the exercise of the powers conferred under the three last preceding sections, and may from time to time, with the like sanction, repeal or alter such rules.96. Act to be read with the Bengal Vaccination Act.
- The four last preceding sections, so far as is consistent with the tenor thereof, shall be read with, and form a part of, the Bengal Vaccination Act, 1880.G-Census97. Commissioner may direct District Board to take census.
- It shall be lawful for the Commissioner, with the sanction of the [Central Government,] [Substituted by the AO for the words 'Local Government'.] at any time to require a District Board to take an account of the number of persons who, at the time of taking such account, shall be within the district of such District Board:Provided that no part of the cost incurred in taking such account shall be charged upon, or be defrayed out of, the District Fund.98. Powers for taking census.
- Every District Board which shall be required to take on account under the last preceding section shall, in taking such account, conform to any rules made by the [Central Government] [Substituted by the AO for the words 'Local Government'.] under this Act and to the provisions of any Act for the time being in force for regulating the taking of a census.H-Famine [and] [Substituted for 'Relief' by Bengal Act 5 of 1908.] Distress99. District Board may take relief measures in case of famine or serious distress.
- It shall be lawful for a District Board [* * *] [The words 'subject to such limit of expenditure as may be prescribed by the Commissioner' repealed by B. and O. Act 1 of 1923.] to take such measures as it thinks fit for the relief of famine [or serious distress] [Inserted by Bengal Act 5 of 1908.] within its district and for that proposes to-99A. Irrigation works for relief of famine or scarcity.
- [Repealed by Section 20 of the Bihar Local Self-Government and Cess (Amendment) Act, 1950 (Bihar Act 40 of 1950)].I - Miscellaneous100. Miscellaneous powers of District Board, staging bungalows and sarais.
- It shall be lawful for a District Board [* * *] [The words 'with the approval of the Commissioner, and' repealed by the B. and O. Act 1 of 1923.] [subject to such rules and restriction as the [State] [Substituted for the words 'subject to any rules made by the Lieutenant Governor' by the Bengal Act 5 of 1908.] Government may, from time to time prescribe] under this Act to-101. Duties of Local Board.
- The [State] [Substituted by ALO.] Government, or, subject to [its] [Substituted for 'his' by B. and O. Act 1 of 1923.] control, a District Board, may direct that, within the area subject to the authority of a Local Board, any matter placed under the control and administration of the District Board under this Act shall be wholly or partly transferred to the control and administration of the Local Board, with adequate funds for the purposes of such control and administration.A Local Board, as the agent of, and subject to the control of, the District Board, shall, so far as the funds at its disposal permit, make due provision for all matters transferred to its control and administration under this section.It shall be the duty of the District Board to enforce the responsibility imposed on a Local Board by this section.102. Limits on expenditure of Local Board.
- Except as otherwise provided by this Act, a Local Board shall not incur expenses, or undertake liabilities, to any amount exceeding the limit imposed by the District Board.103. Returns by Local Board.
- [* * *] [The words 'A Local Board shall exercise powers of supervision and control over all Union Committees within the area under its authority, and' repealed by the Bengal Act 5 of 1908.] It shall be the duty of the Local Board to procure and submit, in such form as the District Board may prescribe, all such reports, returns and statistics as the District Board may from time to time require.[Chapter-III] [This Chapter is repealed in areas where Part IV of B and O Act 3 of 1922 is in force, See Section 2 (1) of and Schedule I to the Act.] Duties and Powers of Union Committees104. Union Committee to be subordinate to District Board.
- A Union Committee, as the agent of, and subject to the control of the [District Board] [Substituted for 'Local Board' by Bengal Act 5 of 1908.], shall within the Union have the control and administration of, and be responsible for all matters specified in this Chapter, except such of those matters as the [District Board] [Substituted for 'Local Board' by Bengal Act 5 of 1908.] may think fit to take under its direct control and administration.105. Union Committee to submit reports, estimates and accounts to District Board.
- Every Union Committee shall submit annually to the [District Board] [Substituted for 'Local Board' by Bengal Act 5 of 1908.] on or before such date as the [District Board] [Substituted for 'Local Board' by Bengal Act 5 of 1908.] may appoint [an estimate of the probable receipt and expenditure of the Committee under each of account] [Substituted for the 'an estimate of the probable expenditure of the Committee' by Bengal Act 5 of 1908.] for the ensuing financial year, and an account of its receipts and expenditure for the past financial year; and shall also submit any other reports which the [District Board] [Substituted for 'Local Board' by Bengal Act 5 of 1908.] may from time to time require.[Every estimate submitted under this section shall be subject to the sanction of the District Board, who may before sanctioning any estimate, modify it as they may think fit.] [Added by Bengal Act 5 of 1908.]106. Limits on expenditure of Union Committee.
- A Union Committee shall not incur expenses or undertake liabilities to any amount exceeding the limit imposed by the [District Board] [Substituted for 'Local Board' by Bengal Act 5 of 1908.],107. Union Committee to send schedule of road and bridges to District Board.
- Every Union Committee shall, within such time as the [District Board] [Substituted for 'Local Board' by Bengal Act 5 of 1908.] may direct forward to such [District Board] [Substituted for 'Local Board' by Bengal Act 5 of 1908.] a schedule of all village road 5[and bridges thereon] within the Union.Such schedule shall state the length and width of the roads, the number, description and dimensions of bridges and such particular as the [District Board] [Substituted for 'Local Board' by Bengal Act 5 of 1908.] may require.108. Village roads and bridges placed under control and administration of Union Committee.
- All village road [and bridges thereon] [Added by Bengal Act 5 of 1908.] within a Union, and the stones and other materials thereof, and also all erections, materials, implements and other things provided for such roads [and bridges] [Added by Bengal Act 5 of 1908.], shall be placed under the control and administration of the Union Committee.109. Maintenance and repair of village roads and bridges.
- A Union Committee shall, so far as the Union Fund permits from time to time cause the village roads [and bridges thereon] [Added by Bengal Act 5 of 1908.] to be maintained and repaired, and may do all things necessary for such purpose, and may-110. District Board may delegate management of portions of District Board roads to Union Committee.
- The [District Board] [Substituted for 'Local Board' by Bengal Act 5 of 1908.] may, with the consent of a Union Committee, delegate to such Committee the management of so much of any road under the management of the [District Board or of a Local Board] [Substituted for 'Local Board' by Bengal Act 5 of 1908.] as may be situated within such Union; and such Union Committee shall thereupon do all thing necessary for the maintenance and repair of the portion of road so assigned to it, and shall be responsible to the [District Board] [Substituted for 'Local Board' by Bengal Act 5 of 1908.] in that behalf.111. [ Pounds. [Substituted for the original Section 111 by Bengal Act 5 of 1908.]
- Every Union Committee shall perform such functions as may be transferred to it by notification under Section 31 of the Cattle Trespass Act, 1871.]112.
(Primary Schools) [Repealed by section 11 of Bihar Act 7 of 1954],113. Dispensaries.
- Subject to any rules made by the [State] [Substituted by ALO.] Government under this Act a Union Committee may, with its own consent, be charged with and made responsible for the maintenance, management and visiting of any dispensary within the Union.114. [ Registration of births and deaths. [Substituted for the original Section 114 by the Bengal Act 5 of 1908.]
- A Union Committee shall, if required to do so by the Magistrate of the district, provide for the registration [births and deaths] within the Union, and shall submit such returns thereof as the said Magistrate may direct.]115. [ Duties of Union Committee as to sanitation, conservancy and drainage. [Sections 115-119 were substituted for the original Sections 115-119 by Bengal Act 5 of 1908.]
- Every Union Committee shall, subject to the control of the District Board, and in accordance with rules made by the [State] Government under this Act,-116. Powers of Union Committee as to sanitation, conservancy and drainage.
117. Cleansing of villages.
118. Power of Union Committee to control building and penalties for disobedience.
118A. Water-supply.
- A Union Committee may provide the Union, or any part thereof, with a supply of water proper and sufficient for public and private purpose and, for purposes of this section, may-(a)construct, repair and maintain tanks or wells, clear out streams or water-courses and do any other necessary acts;(b)with the sanction of the District Board, purchase or acquire by lease any tank, well, stream or water course, or any right to take or convey water within or without the Union;(c)with the consent of the owner thereof, utilize, cleans or repair any tank, well, stream or water course within the Union, or provide facilities for obtaining water therefrom;(d)deal with any tank, well poor, ditch, drain or place containing, or used for the collection of, any drainage, filth stagnant water or matter likely to be prejudicial to health-by draining or cleansing it, or otherwise preventing it from being prejudicial to health, but not so as in any case to interfere with any private right; or(e)contract with any person for a supply of water.118B. Power of entry.
- The Union Committee, or any member officer or servant thereof, may enter into or upon any building or land, with or without assistants or workmen, in order to make any inspection or execute any work for the purpose of, or in pursuance of Section 115, Section 116, Section 117, Section 118 or Section 118-A:Provided as follows:-118C. Method of meeting cost of works of sanitation, drainage and conservancy of villages.
118D. Appeals against orders, awards and assessments.
- Any person who is aggrieved by any order of a Union Committee-119. Power of District Board to subordinate Union Committee to Local Board.
120. Powers of State Government and of Commissioners and of Magistrates of districts with respect to proceedings of local authorities.
- It shall be the duty of the 1[State] Government, and of all Commissioners and Magistrates of districts, acting under the orders of the [State] [Substituted by ALO.] Government, to see that the proceedings of local authorities are in conformity with law and with the rules in force thereunder.[The [State] [Substituted for the original paragraph by B. and O. Act 1 of 1923.] Government may set aside any resolution, or order of any authority if in its opinion the resolution or order is in excess of the powers conferred by law.]121. Records to be open for inspection of Commissioner or of Magistrates of district.
- Every local authority shall at all times permit the Commissioner or the Magistrate of the district [or such other person as the [State] [Substituted for the original paragraph by B. and O. Act 1 of 1923.] Government may authorize in this behalf] to have access to all books, proceedings and records.122. Powers of Commissioner or of Magistrate to inspect works.
- The Commissioner or the Magistrate of the district [or such other person as the [State] [Substituted for the original paragraph by B. and O. Act 1 of 1923.] Government may authorize in this behalf] shall have power at all times to enter on and inspect, or cause to be entered on and inspected, any immovable, property occupied by, or any work in progress under the orders of, any institution controlled by, a local authority.123. Appointment of inspector of Local Works, and duties to be performed by him.
- It shall be lawful for the [State] [Substituted by ALO.] Government to appoint an officer to be Inspector of Local Works in each Commissioner's division, or in more than one such division, and to sanction an establishment for such officer.It shall be the duty of the Inspector of Local Works to inspect and advise with regard to all public works under construction for repair vested in, or in charge of, any local authority within the division.The Inspector of Local Works shall also perform such duties and exercise such powers as may be assigned to him by any rules made by the [State] [Substituted by ALO.] Government under this Act.The Inspector of Local Works may at all times enter upon, or cause to be entered upon, any immovable property belonging to any local authority in the division, or any work in progress under its direction, and may require it to furnish such statements, estimates and reports as he thinks fit.A report of every inspection shall be prepared and a copy thereof forwarded to the District Board concerned, through the Magistrate of the district.In all matters of professional detail, the local authority shall be guided by the report of the Inspector of Local Works.124. Power to suspend action of local authorities by Magistrate of District.
- The Magistrate of the District [* * *] [Words 'or the Commissioner' repealed by B. and O. Act 1 of 1923.] may by order in writing, suspend the execution of any order or resolution or a local authority within the jurisdiction of such Magistrate [* * *] [Words 'or the Commissioner' repealed by B. and O. Act 1 of 1923.] or the doing of any act which is about to be done, or is being done, by such local authority, if in his opinion the execution of the resolution or order, or the doing of the Act, is likely to cause [serious] [Inserted by B and O Act 1 of 1923.] injury [* * *] [The words 'or annoyance' repealed by B and O Act 1 of 1923.] to the public or to any class or body of persons, or to lead to a [serious] [Inserted by B and O Act 1 of 1923.] breach of the peace.125. Power to provide for performance of duties in case of default by District Board.
- [If it appears] [Substituted for 'when the Commissioner is informed' by B. and O. Act 1 of 1923.] to the [State] [Substituted by ALO.] Government, on complaint made or otherwise, District Board has made default in performing any duty imposed on it by or under this Act, the [State] [Substituted by ALO.] Government if satisfied, after due inquiry, that such District Board has made default as alleged, may, by order in writing, fix a period for the performance of that duty.If that duty is not performed within the period so fixed, the [State] [Substituted by ALO.] Government may appoint some person to perform it, and may direct that the expense of performing it, with a reasonable remuneration to the person appointed to perform it, shall be forthwith paid by the District Board.If the expense and remuneration are not so paid the [State] [Substituted by ALO.] Government may make an order directing the person having the custody of the balance of the District Fund to pay the expense and remuneration, or as much thereof as is possible, from that balance, and such person shall make payment accordingly.126. Extraordinary powers in case of emergency.
- In case of emergency the Magistrate of the district may provide for the execution of any work, or the doing of act, which a local authority is empowered to execute or do, and the immediate execution or doing of which is in his opinion necessary for the service or safety of the public and may direct that the expense of executing the work or doing the act, with a reasonable remuneration to the person appointed to execute or do it, shall be forthwith paid by the District Board.If the expense and remuneration are not so paid, the Magistrate may make an order directing the person having the custody the balance of the District Fund to pay the expense and remuneration, or as much thereof as is possible, from the balance; and such person shall make payment accordingly.127. Magistrate's order under Sections 124 and 126 to be reported to State Government who may confirm, modify or rescind it.
- When the Magistrate of the district makes any order under Section 124 or 126, he shall forthwith submit to the [State] [Substituted by ALO.] Government a copy of the order, with a statement of his reasons for making it, and with any explanation which the local authority concerned may wish to offer, and the [State] [Substituted by ALO.] Government may thereupon confirm, modify or rescind the order.128. (Commissioner's proceedings to be submitted to Lieutenant-Governor for final orders).
- [Repealed by the Bihar and Orissa Local Self-Government (Amendment) Act, 1923, (B. & O. Act 1 of 1923, Section 51)].129. Commissioner's orders under Sections 123 and 125 to be submitted to Lieutenant-Governor.
- [Repealed by the Bihar and Orissa Local Self Government (Amendment) Act, 1923 (B. and O. Act 1 of 1923), Section 51].130. Powers and duties of Magistrate of district transferred to District Board and Local Board.
- All powers conferred upon [* * *] [The words 'Commissioners and' repealed by B. and O. Act 1 of 1923.] Magistrate of district in regard to District Boards by Sections 124, [125] [Inserted by Bengal Act 5 of 1908.] and 126 shall be exercised-[in respect of a Union Committee,] [Repealed in areas in which part IV of B. and O. Act 3 of 1922, is in force.] [by the District Board or the Local Board to which the Committee may have been declared, by an order under Section 119, to be, for the purposes of this section, subordinate] [Substituted for 'by the Local Boards' by Bengal Act 5 of 1908.], and in respect of a Local Board, by the District Board.[When a Local Board makes any order under this section it shall forthwith submit to the District Board a copy of the order, with a statement of its reasons for making it, and with any explanation which the Union Committee concerned may wish to offer.The District Board may thereupon confirm, modify or rescind the order.] [Substituted for 'by the Local Boards' by Bengal Act 5 of 1908.]When a District Board makes any order under this section it shall forthwith submit to the Magistrate of the district, for submission to the [State] [Substituted by ALO.] Government, a copy of the order with a statement of its reasons for making it, and with any explanation which the Local Board [or Union Committee] [Inserted by Bengal Act 5 of 1908, and are repealed in areas in which Part IV of B and O Act 3 of 1922 is in force.] may wish to offer.[And the [State] [Substituted for the words 'If the Commissioner is dissatisfied with the order he may report the matter to the Lieutenant-Governor who' by B. and O. Act 1 of 1923.] Government] may thereupon confirm, modify or rescind the order.131. [ Power of State Government to dissolve or supersede District Boards, Local Boards and Union Committees. [Substituted for the original Section 131 by B. and O. Act 1 of 1923.]
132. [ Consequences of supersession. [Substituted for the original section by B. and O. Act 1 of 1923.]
- When an order of supersession has been passed under clause (b) of sub-section (1) of Section 131, the following consequences shall ensue, namely-(a)all the members of the District Board. Local Board or Union Committee shall from a date to be specified in the order, vacate their offices as such members;(b)all the powers and duties which may under the provisions of this or any other Act be exercised and performed by such District Board, Local Board or Union Committee shall, during the period of supersession, be exercised and performed by such persons as the [State] Government may direct;(c)all property vested in such District Board, Local Board or Union Committee shall during the period of supersession vest in [the State Government] [Substituted by the ALO for 'the Crown for the purposes of the Province'.]; and(d)before the expiration of the period of supersession elections shall be held [and where necessary, appointments shall be made] [Substituted by the Bihar LSG (Amendment) Act, 1950 (Bihar Act 40 of 1950) for 'and appointment made'.] for the purpose of reconstituting the District Board, Local Board or Union Committee.][[133. Dispute between two or more Union Committee when to be referred to District Board or Local Board. [Substituted for the original Sections 133 and 134 by Bengal Act 5 of 1908.]134. (Disputes between two or more Union Committees under the authority of different Local Boards when Local Board cannot agree).
- [Repealed by the Bengal Local Self-Government (Amendment) Act, 1908 (Bengal Act 5 of 1908), Section 56.]135. Disputes between two or more Local Boards to be referred to District Board.
- If a dispute arises between two or more Local Boards within the area under the authority of a District Board, the matter shall be referred to the District Board, and, the decision of such District Board upon the matter so referred shall be final and binding.136. (Dispute between municipal authorities or local authorities in the district to be referred to Magistrate of district.)
- [Repealed by the Bihar and Orissa Local Self-Government (Amendment) Act, 1923 (B. and O. Act 1 of 1923), Section 55].137. Decision of disputes not otherwise provided for.
- If any dispute, for the decision of which this Act does not otherwise provide arises between two or more local authorities, or between a local authority or authorities and a municipal authority or authorities the matter shall be referred [to the [State] [Substituted for the original clauses (a) and (b) by B. and O. Act 1 of 1923.] Government]And the decision [of the [State] [Substituted for the words 'of the Commissioner or Commissioner or of the Lieutenant-Governor, as the case may be' by B. and O. Act 1 of 1923.] Government] upon the matter so referred shall be final and binding.138. Power of State Government to make Rules.
- It shall be lawful for the [State] [Substituted by the ALO.] Government to make rules consistent with this Act, for any District Board or Local Board [or Union Committee] [The words 'or Union Committee' and the words 'and Committee' are repealed for areas in which Part IV of B. and O. Act 3 of 1922, is in force.] for the purpose of-138A. [ Rules as to Census. [Inserted by the Bengal Act 5 of 1908 and is repealed in areas in which Part IV of B. and O. Act 3 of 1922 is in force.]
- The Central Government may make rules regulating the duties of the local authorities mentioned in the last foregoing section in regard to taking a census].Bye-laws139. Power of District Board and Local Board to make bye-laws.
- Every District Board or Local Board empowered in this behalf by the [State] [Substituted by ALO.] Government may, [subject to the control] [Inserted by Bengal Act 5 of 1908.] of the [State] [Substituted by ALO.] Government, make bye-laws for carrying out all or any of the purposes of this Act.Bye-laws made under this section shall have the force of law when [confirmed by the Commissioner] [Substituted for 'confirmed by the Lieutenant Governor' by the Bengal Act 5 of 1908.] and published in such manner and for such time as the [State] [Substituted by ALO.] Government may direct.140. Penalties for infringement of bye-laws.
- In making a bye-law under the last preceding section a Board may provide that a breach of the same shall be punished with fine which may extend to fifty rupees, and in the case of a continuing breach with a further fine which may extend to five rupees for every day during which the breach is continued after the offender has been convicted of such breach.141. Prosecutions.
- Prosecutions under this Act for breach of bye-laws may be instituted by any Board or by any person authorised by the Board in this behalf.A Judge or Magistrate shall not be deemed to be, within the meaning of Section 555 of the Code of Criminal Procedure, a party to, or personally interested in, any case under this section merely because he is a member of the Board.Miscellaneous Provisions142. [ Liability of members of Boards and Union Committees. [Section 142 is in force in areas in which Part IV of B. and O. Act 3 of 1922 is in force.]
- No person shall be liable for the loss, waste or misapplication of any money or other property belonging to the District Board, [Local Board] or Union Committee, unless such loss, waste or misapplication is a direct consequence of his neglect of misconduct while a member of a Union Committee Local Board or District Board; and a suit for compensation for the same may be instituted against him, in such Court as the [State] [Substituted by the ALO for 'Provincial.'] Government direct by the District Board with the sanction of the [State] [Substituted by the ALO for 'Provincial.'] Government or by the [State] [Substituted by the ALO for 'Provincial.'] Government.]142. [ [Section 142 is in force in areas in which Part IV of B. and O. Act 3 of 1922 is in force.] No person shall be liable for the loss, waste or misapplication of any money or other property belonging to the District Board or Local Board, unless such loss, waste or misapplication is a direct consequence of the neglect or misconduct while a member of a District Board, or Local Board, and a suit for compensation for the same may be instituted against him in such Court as the [State] Government directs, by the District Board with the sanction of the [State] [Substituted by the ALO for 'Provincial.'] Government or by the [State] [Substituted by the ALO for 'Provincial.'] Government.]
143. Procedure for making rules and bye-laws.
- The [State] [Substituted by the ALO for 'Provincial.'] Government before making any rules [under sub-section (1) of Section 36-D or under Section 138] [Substituted by the Bihar Act 24 of 1948 for 'under Section 138'.], and a District Board or Local Board, before making any bye-laws under Section 139, shall publish in such manner as the [State] [Substituted by the ALO for 'Provincial.'] Government deems sufficient for giving information to persons interested, the proposed rules or bye-laws, together with a notice specifying a date on or after which the same will be taken into consideration; and shall, before making such rules or bye-laws, receive and consider any objection or suggestion which may be made by any person with respect to the same before the date so,specified.Every such rule or bye-laws shall be published in the [official] [Substituted for the word 'Calcutta' by B. and O. Act 1 of 1923.] Gazette in English, and in such other language as the [State] [Substituted by the ALO for 'Provincial.'] Government directs, and such publication shall be evidence that the rule or bye-laws has been made as required by this section.144. [ Penalty on member, officer or servant being interested in contract made with a local authority. [Section 144 is in force in this form in areas in which Part IV of the B. and O. Act 3 of 1222, is not in force.]
144. [ [Section 144 is in force in this form in areas in which Part IV of the B. and O. Act 3 of 1222, is in force.] (1) If any member of a District Board or Local Board, or any officer or servant maintained by or employed under a District Board or Local Board, has directly any share or interest in any work done by order of the District Board or Local Board of which he is a member, or by which he is maintained, or under which he is employed, or in any contract with or under such District Board or Local Board, he shall [thereupon be disqualified to continue in office and shall be liable on conviction before a Criminal Court to a fine which may extend to five hundred rupees:]
Provided that the penalty herein prescribed shall not be deemed to apply by reason only of person-145. [ Power to make compensation out of the local fund. [Sections 145 and 146 are in force in areas in which Part IV of B. and O. Act 3 of 1922, is not in force.]
- Every local authority may make compensation out of the District or Union Funds respectively to any person sustaining any damage by reason of the exercise of any of the powers conferred by this Act.]145. [ [Sections 145 and 146 are in force in areas in which Part IV is in force.] The District Board may make compensation out of the District Fund to any person sustaining any damage by reason of the exercise of any of the powers conferred by this Act.]
146. [ No action to be brought against Boards, Committees or their officers until after one month's notice of cause of action. [Sections 145 and 146 are in force in areas in which Part IV of B. and O. Act 3 of 1922, is not in force.]
- No suit shall be brought against [* *] any District Board, Local Board, or Union Committee, or any of their officers, or any person acting under their direction, for anything done under this Act until the expiration of one month next after notice in writing has been delivered or left at the office of such Board or Committee, and also (if the suit is intended to be brought against any officer of the said Board or Committee or any person acting under their directions) at the place of abode of the person against whom such suit is intended to be brought, stating the cause of action and the name and place of abode of the person who intends to bring the suit;and, unless such notice be proved, the Court shall find for the defendant;Every such action shall be commenced within three months next after the accrual of the cause of action and not afterwards.If any such person to whom any, suit notice is given shall, before suit is brought, tender sufficient amends to the plaintiff, such plaintiff shall not recover].146. [ [Sections 145 and 146 are in force in areas in which Part IV is in force.] No suit shall be brought against [* *] any District Board or Local Board or any of their officers or any person acting under their direction, for anything done under this Act, until the expiration of one month next after notice in writing has been delivered or left at the office of such Board and also (if the suit is intended to be brought against any officer of the said Board, or any person acting under their directions) at the place of abode of the person against whom such suit is intended to be brought, stating the cause of action and the name and place of abode of the person who intends to bring the suit;
and, unless such notice be proved, the Court shall find for the defendant;Every such action shall be commenced within three months next after the accrual of the cause of action, and not afterwards.If any such person to whom any suit notice is given shall, before suit is brought, tender sufficient amends to the plaintiff, such plaintiff shall not recover].146A. [ Division of officers and servants and assets and liabilities as a consequence of the transfer of local area from one district to another. [Inserted by Bihar Act VI of 1977, vide Section 2, deemed always to have been inserted from the commencement of the principal Act.]
- Notwithstanding anything contained in this Act, where a new district is created either as a result of the division of an existing district or the inclusion of specified local areas from two or more existing districts, it shall be lawful for the State Government to make such direction as it may deem necessary for division of officers and servants and assets and liabilities and other related matters among the newly established District Boards and the District Boards affected by the creation of the new district or by the transfer of any local area from one district to another.]147. [ Continuance of rules, bye-laws, etc., and vesting property. [Substituted by Bihar Act 4 of 1957 for original section.]
- When a District Board is established for a new district, or an existing district is affected by the one district to another-| Number and year | Subject | Extent of Repeal |
| 1 | 2 | 3 |
| Bengal Act 9 of 1880 | To amend and consolidate the law relating to rating for theconstruction, charge and maintenance of district communicationsand works of public utility and of State Public Works | Sections 110 to 181 (both inclusive)Sections 182,clause (a), (b), (c), (e), (g) |
| Number and year | Subject | Extent of Amendment |
| 1 | 2 | 3 |
| Bengal Act 9 of 1880 | To amend and consolidate the law relating to rating for theconstruction, charges and maintenance of district communicationsand works of public utility and of State Public Works | In Section 4, the followingdefinitions shall be substituted for the definition of "theCommittee":-District Board.- "DistrictBoards," means the Board constituted under the provisionsof the Bengal Local Self-Government Act of 1885.District Fund.- "DistrictFund" means the fund formed under Section 52 of the BengalLocal Self-Government Act of 1885.In Section 9, the words "andtogether with other assets of such fund, shall be applied to thepurposes mentioned in Section[109] [Substituted for the figures (111) by Act 1 of 1908 Schedule - M.]" shall beomitted.The following section shall besubstituted for Section 38:-"38. Rate at which roadcess shall be levied how to be fixed.- The road cess foreach year shall be assessed and levied in each district asprovided in Section 6, and (subject to the maximum rate thatsection mentioned) at such rate as may be determined for suchyear by the District Board."In Section 40, omit the words "asprovided in Section 155."In Sections 82 and 83 the words "District Road Funds"and "District Road Fund" shall be substituted for thewords "Committees" and "Committee"respectively. |
| Bengal Act 9 of 1880 | To amend and consolidate the law relating to rating for theconstruction, charges and maintenance of district communicationsand works of public utility and of State Public Works | In Section 98, the words "DistrictRoad Fund" shall besubstitutedfor the words"District Road Committee."In Section 108, the words "andof all sums whatsoever which may be as the disposal of theDistrict Road Committee as hereinafter appointed" shall beomitted.The following new section shall besubstitutedfor Section 109 :-"109. Application ofDistrict Road Fund.- The District Road Fund of everydistrict shall be applicable to the following objects and in thefollowing order-Firstly.- To the paymentof the cost of establishments entertained and expenses incurredby the Collector under Section 91;Secondly.- To theindemnification of the Collector, with the sanction of theCommissioner, "for any other costs or damages which he mayhave incurred, or for which he may have become liable, in thecourse of the proceedings for the assessment and collection ofthe cesses under this Act.And the balance, after, payment ofsuch expenses, shall be credited to the District Fund of thedistrict and shall be applicable to the following objects, andin the following order, namely:-(a) the payment of any sums whichthe District Board may, under the Bengal Local Self-GovernmentAct of 1885, from time to time have undertaken to pay asinterest on loans, raised from expenditure on any of the objectsto which the District Road Fund is applicable, and the repaymentof such loans;(b) the payment of the percentagereferred to in clause;Thirdly, of Section 53 of the saidAct;(c) the payment of such of thesalaries, pensions, gratuities, grant, and percentages referredto in clauseFourthlyof the said section as are requiredfor members of establishments employed for improving the meansof communication within the district or between the district andother districts;(d) the payment of such of theexpenses referred to in clauseFifthlyof Section 53 ofthe said Act as are incurred in improving the means ofcommunication within the district, or between the district andother districts or in carrying out the provisions of Section 79of the said Act;(e) the payment of the expensesreferred to in clauseSeventhlyof Section 53 of the saidAct; and(f) the making of investments referred to clauseEightlyof the said Section 53. |
| Per yearRs. | ||
| (1) | On everyfour-wheeled carriage drawn bytwohorses | 20 |
| (2) | On everyfour-wheeled carriage drawn byonehorse or a pair of ponies underthirteenhands | 10 |
| (3) | On everyfour-wheeled carriage | 8 |
| (4) | On everyfour-wheeled carriage drawn byoneponyunderthirteenhands. | 10 |