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State of Madhya Pradesh - Act

The M.P. Zila Panchayat (Business) Rules, 1998

MADHYA PRADESH
India

The M.P. Zila Panchayat (Business) Rules, 1998

Rule THE-M-P-ZILA-PANCHAYAT-BUSINESS-RULES-1998 of 1998

Published on 22 May 1998
Commenced on 22 May 1998
[This is the version of this document from 22 May 1998.]
[Note: The original publication document is not available and this content could not be verified.]

The M.P. Zila Panchayat (Business) Rules, 1998Published vide Notification No. F-1-11-97-22-P-2, dated 22-5-1998, M.P. Rajpatra (Asadharan), dated 22-5-1998 at p. 496 (11)In exercise of the powers conferred by sub-section (1) of Section 95 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994), the State Government hereby makes the following rules, the same having been previously published by sub-section (3) of Section 95 of the said Act, namely :-

1.

These rules may be called the M.P. Zila Panchayat (Business) Rules, 1998.

2.

In these rules, unless the context otherwise requires,-

(a)"Act" means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994);

(B)"President" means the President of the Zila Panchayat;

(c)"Chief Executive Officer" means the Chief Executive Officer of the Zila Panchayat;

(d)"Prescribed Authority" means such officer or authority as the State Government may by notification direct to discharge the functions of a prescribed authority under clause (XXI) of Section 12 of the Act;

(c)"Chairperson" means the Chairperson of the Standing Committee;

(f)"Secretary" means the Secretary of the Standing Committee;

(g)"Standing Committee" means the Standing Committee constituted under Section 147 of the Act.

Part I – General

3. Cases to be brought before the General Administration Committee.

- The following cases shall be brought before the General Administration Committee :

(i)as per direction of the Zila Panchayat; or

(ii)referred by the other Standing Committees; or

(iii)as per directions of the Central Government or State Government or Prescribed Authority.

4. Consideration on priority basis.

- The Secretary of the General Administration Committee, may, if authorised by the said Committee, send any matter to such Standing Committee in whose jurisdiction the subject-matter falls for its consideration and such Standing Committee shall consider the matter on priority basis.

5. Financial Power.

(1)No Standing Committee other than General Administration Committee shall, without previous consultation of the General Administration Committee, pass any resolution (other than resolution pursuant to any general delegation made or direction issued by the Government) which either immediately or by their repercussions will affect the finances of the Zila Panchayat or which, in particular, namely :-

(a)Relates to the service conditions such as creation of any post, appointment, pay, allowances and retirement benefits, etc.; or

(b)Involves any grant of land or assignment of revenue or concession, grant of any lease or license or any privilege, in respect of such concession being within the jurisdiction of the Zila Panchayat; or

(c)In any way involve any or revenue; or

(d)Involve giving of a guarantee by the Zila Panchayat.

(2)No financial proposal which requires previous consultation with the General Administration Committee under sub-rule (1) until the General Administration Committee has not concurred, may be proceeded, unless a decision to that effect has been taken by the General Administration Committee.

(3)No such resolution shall be taken for consideration where in any change is involved in norms, standards or budgetary limitations fixed by the Central or State Government for the Schemes of Rural Development Department or other departments.

6. Recording of Material Differences.

- In each case, the Secretary of the Standing Committee shall be personally responsible tor the careful observance of these rules and when he considers that there has been any material departure from them he shall bring the matter to the notice of the concerning Standing Committee, if it differs with the Secretary, the Committee shall mark the file for decision to the General Administration Committee through the Secretary' of the General Administration Committee.

7. Delegation of powers or transfer of functions to be specifically described.

- Unless otherwise provided under Section 47 of the Act, when the State Government delegate any power or transfer any functions or Schemes to the Zila Panchayat under the Act or any other Act for the time being in force in the State, the order of State Government shall clearly mention the Standing Committee which shall exercise such powers or perform such functions or lookafter such schemes :Provided that if no such provision is made in the orders of delegation, the General Body of the Zila Panchayat shall decide as to which Standing Committee of the Zila Panchayat shall exercise such power or perform such functions or look after the schemes :Provided further that until a decision regarding priority is taken in the matter by the General Body, the General Administration Committee shall exercise the power or perform the function or look after the schemes delegated or transferred by the State Government.

Part II – Cases to be Submitted to the State Government or Prescribed Authority

8.

The following class of cases shall be submitted by the Zila Panchayat to the State Government or the Prescribed Authority for his information, or decisions, as the case may be, namely

(a)Cases in which the questions or policy of State Government or Central Government is involved;

(b)Such other cases of importance as the Zila Panchayat may consider necessary;

(c)Any matter which is likely to cause controversy by the action of Zila Panchayat;

(d)Any issue which involves disqualification of members of Zila Panchayat;

(e)Budget Estimates;

(f)Annual Administration Report;

(g)Annual Accounts;

(h)Proposal for creation of posts;

(i)All such other matters which under the relevant sections of the Act or the rules made thereunder are necessary to be sent to the Prescribed Officer;

(j)Any case or class of cases, which the State Government or the Prescribed Authority may, by general or special order, require to be submitted.

Part III – Cases to be Submitted to The President of Zila Panchayat

9.

Alter receiving the copies of the communications from Government of India or State Government or the Prescribed Authorities, other than those of routine or unimportant nature, shall as soon as possible be submitted to the President for information.

10.

(1)Any matter which is likely to create a conflict between the Zila Panchayat, and the State Government or any other department of the State Government of Panchayat or any other level, the apprehension of such conflict shall be brought to the notice of the President immediately.

(2)The Chief Executive Officer shall report to the President of every cases where the danger to life or extensive damage of property has been caused by way of natural calamity.

(3)Any resolution passed by any Standing Committee other than General Administration Committee shall be brought to the knowledge of President by the Secretary of the Standing Committee through the Chief Executive Officer for information within three days.

11.

The President shall cause to be submitted the following class of cases after the prior approval of the General Administration Committee to the General Body for its approval or recommendation, as the case may be :-

(a)Cases raising questions of policy;

(b)Proposed resolutions on Budget Estimates, Annual Accounts and Annual Report on Administration;

(c)Matters, related to imposition or reduction or repealing of tax, cess, toll, duty, lees, etc.;

(d)Cases relating to grant-in-aid to the non-governmental or non-panchayatiraj institutions;

(e)Proposals involving the alienation either temporarily or permanently by way of sale, grant, lease or auction of property owned by Panchayat or under the management of Panchayat, or wherein it is authorised to do so;

(f)Proposal involving writing off cases of losses or irrecoverable sums;

(g)Proposals for supplementary demands;

(h)Re-appropriation of funds from one major head to another major head;

(i)Cases in which it is proposed to retain an employee in the service of the Panchayat beyond the age of superannuation.

12.

The President shall cause to be submitted the following class of cases alter the consideration of the to the General Body for its sanction, approval or recommendations or information, as the case may be :-

(a)Cases which effect or likely to effect the interests of Scheduled Castes, Scheduled Tribes, Other Backward Classed or Weaker Sections of the people;

(b)Any case or class of cases, in which under the present circumstances special importance may be given;

(c)Proposals to vary or reverse the decision taken at a meeting of the General Body subject to the provisions of rules relating thereto;

(d)Proposal involving any important change in the policy;

(e)Cases relating to the different Standing Committees, wherein the department of Standing Committee do not agree;

(f)Cases in which orders arc passed by the Panchayat under the provisions of any other law or rules made thereunder if a new principle is enunciated or if it is proposed to override the opinion of the Legal Advisor of Panchayat on any point of law;

(g)Such cases, which arc not specifically delegated or assigned to any Committee or Authority;

(h)Proposals received from Janpad Panchayats for grant regarding any special purpose;

(i)Cases related to the plans, projects, schemes or other works common to two or more Janpad Panchayats;

(j)Cases related to resource mobilisation;

(k)Disputes between Zila Panchayat and any other Local Body;

(l)Consideration of the audit report and accepting the compliance report of such reports;

(m)Abstract of receipts into the Zila Panchayat Fund and Drawals from the said Fund after its previous meeting;

(n)Proposals to make or adopt rules, sub-rules, regulations and bye-laws;

(o)Abstracts of decisions taken in the meeting of Standing Committees;

(p)Proposals regarding delegations of financial or administrative powers to the Chief Executive Officer or Secretary of the Standing Committee or any class of officers as the Zila Panchayat may deem fit;

(q)Cases relating to the nominations of Panchayat Office bearers or non-office bearers or officers to consultative committees for departments, local bodies or any.appointment in any honorary capacity;

(r)Cases relating to resignation or leave of members;

(s)Acceptance of the compliance report of committees constituted by the General Administration Committee;

(t)Cases relating to major penalty in disciplinary proceedings against such categories of employees under the control of Zila Panchayat; as may be specified;

(u)Appeals preferred to the Prescribed Authority in accordance with the concerned rules against the order passed in disciplinary cases against the Panchayat servants;

(v)According administrative sanction to such an extent as the State Government may determine;

(w)To maintain information regarding the inspection report of the Zila Panchayat submitted by the Prescribed Authority and to consider the compliance of such report;

(x)Cases relating to circulars embodying important changes in the Administration of Zila Panchayat;

(y)Cases relating to reallocation of subjects amongst the Standing Committees and sending the proposals thereof to the Prescribed Authority;

(z)Cases relating to recommendations regarding changes in the name of villages, rivers, railway stations etc.;

(aa)Cases relating to naming of institutions owned by panchayats;

(bb)Acquisition of land for the execution of any scheme/project entrusted to Zila Panchayat;

(cc)Approval of Annual Plan of the district for economic development and social justice after consideration by the concerned Standing Committee;

(dd)Approval of Annual Plans in respect of the schemes entrusted to Panchayat by the law and those assigned to it by the Central Government or State Government after consideration by the concerned Standing Committee;

(ee)To consider the reports for evaluation of the progress of schemes, works, projects and functions entrusted to Panchayat by any law and those assigned to it by the Central Government or State Government;

(ff)Any case or class of cases not specified herein, which the President or the Chairperson of the Committee may direct to be brought before the General body or to which special importance may be given by the present circumstances; and

(gg)Any other important cases which the President may consider necessary.

13.

If the President after consultation with the Chief Executive Officer considers any case in public interest to be so urgent so as to necessitate immediate issue of order, he may direct the issue of order at once and when orders have been issued the matter shall be brought before a meeting of General Body or Standing Committee, as the case may be, for its satisfaction as per procedure laid in the rules :Provided that in case the General Body or Standing Committee docs not endorse the direction, the previous position shall be restored and if any financial burden is involved, the President and the Chief Executive Officer shall be held jointly responsible for the same.

14.

(a)An order by the President shall ordinarily be recorded in form of a note in continuation of any other not if any and shall be signed in full.

(b)President may write a minute of any case which comes before him under the rules;

(c)Every minute shall be recorded and shall be signed in full.

Part IV – Cases to be Brought before The General Administration Committee

15.

The following cases shall be brought for decision before the General Administration Committee in accordance with the procedure laid down in the Act or the rules made thereunder :-

(a)Proposals for investment of Zila Panchayat Fund;

(b)Proposals for drawal and utilisation of funds out of Zila

Panchayat Fund for the following purposes :-

(i)For implementation of Annual Action Plan;

(ii)For transferring the amount to the work executing agency;

(iii)For re-allocation to Janpad Panchayat or Gram Panchayat, as the case may be;

(iv)For contingency expenditure.

(c)Proposals for expenditure from and out of Zila Panchayat Funds including programme fund devolving from State or Central Fund :

Provided however, that proposals of expenditure in respect of fund received from State or Central shall be taken up for consideration only if the same is supported by a resolution of Standing Committee relating to that subject;

(d)Approval of the proposal for reappropriation in the budget for the Zila Panchayat prepared on the basis of budgetary proposals submitted by concerned Standing Committee;

(e)Cases of security by the Zila Panchayat;

(f)Proposals regarding entering into contracts;

(g)Proposals for determining the agency for the implementation of schemes of rural development;

(h)To prepare Annual Action Plan for rural development schemes, cause its implementation and evaluation;

(i)Distribution of annual targets for schemes of rural development amongst the Janpad Panchayats and Gram Panchayats as the case may be, in accordance with the parameters laid down by the State Government;

(j)All cases including transfers and positing of the employees under the control and jurisdiction of Zila Panchayat;

(k)Service matters of employees appointed by Zila Panchayat;

(l)Cases relating to major penalty in disciplinary proceedings against such categories of employees, as may be specified under the control of Zila Panchayat;

(m)Cases relating to minor penalty in disciplinary proceedings against such categories of employees, as may be specified under the control of Zila Panchayat;

(n)Such cases in which nomination of officers, employees or members is involved, in a committee constituted by the Government or any legal authority;

(o)Proposals involving nomination of Officers and employees or members of Zila Panchayat for training, conference and seminar etc.;

(p)To accord administrative sanction upto such limits as may be determined by the State Government;

(q)Proposals to constitute or appoint committees and to consider the reports of such committees, whether constituted or appointed on its own initiative or in pursuance of directions of the Central Government or the State Government;

(r)Cases relating to such subjects which arc not included in the list of subjects of other Standing Committee;

(s)Cases pertaining to co-ordination between two or more Standing Committees;

(t)Cases between the Zila Panchayat and any other Panchayat Raj Institution which arc required to be referred to the State Government' for settlement of disputes under Section 90 of.the Act;

(u)Such Court cases in which Zila Panchayat is involved;

(v)Cases related to compromise under Section 61 of the Act;

(w)Any case or class of cases not specified herein, which the Zila Panchayat or State Government may direct to be brought before the committee.

16.

The following cases shall be sent to General Body for the decision alter they arc considered and recommended by the Standing Committee :-

(a)Proposal regarding preparation of budget of Zila Panchayat on the basis of the recommendations of concerned Standing Committee;

(b)Proposal for supplementary demands and annual financial estimates;

(c)Proposals regarding taxes, tolls, cess and fee etc.;

(d)Cases relating to district level schemes prepared on the basis of proposals as recommended by the concerned committee;

(e)Proposals involving writing off losses and irrecoverable sums;

(f)To consider Audit reports;

(g)All cases with State Government involving policy matters;

(h)Annual Administration Report of Zila Panchayat;

(i)Such cases on which there is no consensus between the Standing Committee;

(j)Such cases which the committee may deem fit.

Part V – Cases to be Brought before The Standing Committee Other than The General Administration Committee

17.

The following cases shall be brought before the concerned Standing Committees subject to general or specific order issued by the State Government from time to time under the Act or rules made thereunder :-

(a)Preparation of proposals with regard to district level plans;

(b)To consider the proposals for utilisation of drawals made from Zila Panchayat Fund under the concerned activity and submission thereof to General Administration Committee;

(c)To consider proposals for expenditure from and out of Zila Panchayat Fund including programme fund devolving from State or Central Fund and submission thereof to the General Administration Committee;

(d)Preparation budgetary proposals, supplementary demands and submission thereof to General Administration Committee;

(e)Consideration of re appropriation proposals under minor heads and submission thereof to General Administration Committee with its recommendation or view;

(f)To consider the proposals of transfer of the employees under the jurisdiction of the concerned committee and submission thereof to General Administration Committee;

(g)Reports relating to progress of schemes, projects and works of such departments which arc under the concerned committees;

(h)To accord administration sanctions up to such limits as may be determined by the State Government;

(i)Cases for reconsideration sent by the prescribed authority; and

(j)Any case or classes of cases delegated by the Zila Panchayat or by the State Government.

Part VI – 18. Procedure for Secretaries of Standing Committees.

(1)Subject to the Rules of Business, and the practice of the Zila Panchayat, the Secretary may dispose of cases of routine nature and those in which either no question of policy is involved or the question of policy has been settled.

(2)Secretary of the Standing Committee shall submit a monthly report of compliance of cases which have been disposed of by the Standing Committee concerned.

(3)Secretary of the Standing Committee will draw attention in such cases or category of cases in which consent or recommendations of General Administration Committee or General Body is necessary.Explanation. - For the purpose of this instruction, the power to dispose 1 of the case includes the power to :-

(i)here the parties;

(ii)make such inquiry and take such other action as may be necessary or incidental to reach a final decision in the cases; and '

(iii)pass final orders and to lake such further action as may be necessary in exercise of the powers concerned on the Zila Panchayat by the Act.

19. Procedure of Standing Committee.

(1)When a Standing Committee has received a case it may :-

(a)pass resolution thereon; or

(b)if it is a matter involving more than one department it shall seek concurrence of the concerned committees; or

(c)if the matter involves any financial implementation, the I proposal shall be first scrutinised by the officer-in-charge of the finance department.

(2)A Standing Committee may call for the precis of any matter pertaining to any other Standing Committee if required for the disposal of that case. The Secretary of the concerned committee may also be called for clarification of the issue if the need so arises.

(3)

(a)In case of disagreement between the Standing Committees regarding the disposal of any case, the matter shall be referred to the General Body for decision through General Administration Committee.

(b)The request under sub-rule (1) may be made by passing a special resolution for the Standing Committee to that effect.

(4)If a question arises as to which Standing Committee a case belongs, the Secretary concerned shall refer the matter to the General Body through the Chief Executive Officer and the decision of the General Body thereon shall be final.

(5)When the subject of the cases concerns more than one Standing Committee, no resolution shall be adopted until it has been considered by all the Standing Committees concerned. The culmination of personal consultation between Chairpersons and Secretaries concerned of the Standing Committees concerned recorded on the file in the form of a note, agreed between these officers, shall be deemed to satisfy the requirements of these rules.

(6)The Chief Executive Officer may, on his own motion or on orders of the President or any other Standing Committee, send requisition for papers relating to any case in any Standing Committee and any such request by him shall be complied with by the Secretary of the Standing Committee concerned.

(7)The meetings of the Committee shall ordinarily be held in Zila Panchayat office on such dales and at such times as may be fixed by the Chairman by general or special order. The Secretary to the Committee shall keep all the members of the Committee informed of such time and date.

(8)It shall be the duty of the Secretary of the Committee to :-

(i)keep the Chairman informed of the business pending and to be transacted by the committee;

(ii)obtained orders regarding the agenda, and where necessary the place and time of the meeting of the committee;

(iii)communicate to all members of the committee, in prescribed time the agenda, place and of the lime of meeting of the committee; and

(iv)be present at the meeting of the committee unless he is prevented due to unavoidable circumstances. In such circumstances, he shall immediately inform the Chairman/Chief Executive Officer regarding his absence and Chief Executive Officer will make necessary arrangements, if required.

(9)When the agenda for the next meeting has been approved by the Chairman in accordance with Business Rules, the Secretary to the committee shall have issued the agenda to the members of the committee.

(10)Ordinarily, the Secretary to the committee shall present to the Chairman a list of cases, the precis of which have been circulated in accordance with the procedure indicated in paragraph below three days prior to the meeting.

(11)When it has been decided that a case has to be brought before the Committee, the Secretary of the Standing Committee concerned shall cause to be prepared a precis of the case. On the Chairman's permission being obtained, copies of the precis shall be circulated by the Secretary of the Standing Committee concerned to all the members of the Committee and the Chief Executive Officer in a closed cover.

(12)The heading of precis shall be so drafted so as to give a correct idea of the contents of the case. In all cases, the precis shall State the facts of the cases, the points for decision, and if it is a case having financial implementations, the comments of the officer-in-charge of the financial matters of Zila Panchayat. In particular, if the opinion of other Standing Committee is obtained the position taken up by such Committee and the views of different Committees, be given in the very words used by that committee in its nothing so that there may be no risk of the incorrect interpretation or emphasis has not been given on a particular point. In short, the precis shall contain an impartial summing up of a case and the last paragraph thereof shall always contain the points in issue on which the orders of committee are sought.

(13)If a case, which is proposed to be brought before any Committee, relates to more than one Standing Committee, the Chairpersons of the Standing Committees shall attempt to come to an agreement thereon. II an agreement is reached, the precis may contain the joint recommendations of such Standing committees. If no agreement is reached, the precis shall State the recommendations of each of the Standing Committees concerned and the points of difference.

(14)No case except of extreme urgency, shall be included in the agenda or discussed at a meeting unless all the papers relating to the case as prescribed in the foregoing paragraphs have been supplied to all members prior to the meeting, if, however the Chairperson considers a case of such extreme urgency in public interest so as to require immediate discussion in the Committee he may, permit the inclusion of the case in the agenda items and discussion thereon.

(15)When any matter referred by a Standing Committee to the General Administration Committee is taken up for discussion, the President may request the Standing Committee concerned to explain the points on which the discussion is required.

(16)When a decision upon the points under discussion has been arrived at the proposed resolution shall be take down in writing and read out and such resolution shall, after its terms have been finally approved, be authenticated by the Chairperson and the Secretary and shall be placed with the notes of the case. A copy of resolution shall also be sent to the Prescribed Authority and the President through the Chief Executive Officer.

(17)The resolution which is recorded shrill be brought on permanent record.

(18)It shall be the duty of the Secretary concerned to take necessary action for the implementation of the resolution passed by the Standing Committee and shall submit the compliance report or up-to-date position of the case in the following meeting of the Committee.

20. Procedure in the General Administration Committee in respect of financial matters.

(1)The General Administration Committee shall be specially in charge of the following functions :-

(i)It shall be in charge of the accounts relating to loans granted by the Zila Panchayat and shall advice on the financial aspects of all transactions relating to such loans.

(ii)It shall examine and report on all proposals for the imposition, increase, reduction or abolition of taxes, duties, cases or fees.

(iii)It shall examine and report on all proposals for borrowing or the giving of a guarantee by the Zila Panchayat. It shall raise, such loans as have been duly authorised, and shall be in charge of all matters relating to the service of the loan or the discharge of guarantees.

(iv)It shall prepare an estimate of the total receipts and expenditures of the Zila Panchayat in each year, and shall be responsible during the year for watching the state of the Zila Panchayat's balances.

(v)In connection with the budget and supplementary estimates :-

(a)It shall prepare a statement of estimates, receipts and expenditure to be laid before the Zila Panchayat in each year and supplementary estimates or demands for excess grant, which may be submitted to the Zila Panchayat for its opinion;

(b)For the purpose of such preparation it shall obtain from the Standing Committee concerned material on which its estimate will be based and it shall be responsible for the correctness of the estimates prepared on the basis of material so supplied;

(c)It shall examine and advice on all schemes of new expenditure for which it is proposed to make provisions in the estimates and shall be decline to provide in estimates for any scheme which has not been so examined.

(vi)On receipt of a report from the Finance Officer the expenditure is being incurred for which there is no sufficient sanction, it shall require the Standing Committee concerned to obtain sanction or not to incur further expenditure.

(vii)It shall advice the Standing Committee responsible for collection of revenue in the matter of progress and procedures.

(2)The following, in particular and among others, shall be regarded matters affecting the finances of the Zila Panchayat:-

(a)Incurring of expenditure in excess of the amount authorised;

(b)Grant of an advance, allowances to employee of the Zila Panchayat from District Panchayat Fund or from Provident Fund Deposits, as the case may be;

(c)Appointment of any category of employees in regular pay scale or daily wages or on wages without the permission of Prescribed Officer.

(3)The General Administration Committee may call from any other Standing Committee any information or returns that it may consider necessary' to enable it to discharge its financial responsibilities.

(4)In scrutinizing any proposal on which the General Administration Committee is consulted under Rule 3 of Chapter I it shall be the duty of the committee to point out if the proposal involves the breach of any principle of sound finance or any of the canons of financial properly.

(i)Every office-bearer and officer of Zila Panchayat should exercise vigilance in respect of expenditure incurred from District Panchayat Fund in the same manner as a person of common prudence would exercise in respect of the expenditure out of his own money;

(ii)No authority should exercise its powers of sanctioning expenditure to pass a resolution which would be directly or indirectly to its own advantage;

(iii)Any authority shall not exercise his powers for sanctioning expenditure which directly or indirectly beneficial to him;

(iv)District Panchayat Fund should not be utilized for benefit of a particular person or section of community unless :-

(a)the amount of expenditure involved is insignificant; or

(b)a claim for the amount could not be enfored in a Court of law; or

(c)the expenditure is not in pursuance of a recognised policy or custom.

(v)The amount of allowances such as travelling allowance granted to meet expenditure of a particular type, should not be so regulated so that the allowance become a source of profit to the recipients.

(5)In case of unauthorised expenditure, the office bearers of the committee or the officers, as the case may be, who submits the proposal for expenditure and accords the sanction, shall be held responsible :Provided that the responsibility of such unauthorised expenditure shall be determined by the Prescribed Authority after due enquiry and giving a reasonable opportunity to the person likely to be affected.

21. Legal Opinion.

(1)Whenever it is proposed in the Zila Panchayat to issue any rules, by-laws, notification or order, the draft shall be sent to the Legal Advisor for his opinion as to its legality and for revision, whenever necessary.

(2)All departments functioning in the Zila Panchayat shall consult the Legal Advisor on any legal principle arising out of any case.

22. Chief Executive Officer of Zila Panchayat.

(1)The Chief Executive Officer shall assign the duties and functions to the original employees of Zila Panchayat, Employees transferred from Departments of Government and absorbed employees of dissolved District Rural Development Agency or officers and employees posted under the control of Zila Panchayat and such officers and employees shall perform such duties and the functions as may be assigned to them under the supervision and superintendence of Chief Executive Officer and General control of Zila Panchayat.

(2)Subject to the rules of business and the practice of the Panchayat and delegation, the Chief Executive Officer may dispose all cases of routine nature and those which either have no question of policy involved where in the question of policy has already been settled.

(3)Zila Panchayat or Standing Committee, may by a general or special order delegate powers of disposal of such cases or classes of cases to the Chief Executive Officer, as it may deem fit.

(4)The Chief Executive Officer in each case, is responsible for the careful observance of the instructions and when he considers that there has been material departure from them, he shall bring the matter to the notice of President or the Chairman as the case may be. If such decision is not reversed or modified the Chief Executive Officer shall submit report within 3 days to the Prescribed Authority and shall inform the General Body in the next meeting.

(5)A case which is to be brought before the general body otherwise than under the directions of President, shall be submitted to the President for recording his permission for inclusion in the agenda by the Chief Executive Officer.

(6)A monthly statement showing particulars of the cases disposed off by the each department shall be submitted to the Chief Executive Officer for his information with a copy to the President.

(7)The cases shall be submitted to the President or the Chairman as the case may be through the Chief Executive Officer unless Chief Executive Officer has otherwise directed.

(8)All cases shall be marked back by the President or the Chairman as the case may be, to that chief Executive Officer whose duty it shall be to see that all necessary steps arc taken.

(9)The Chief Executive Officer shall pass an order in accordance with the rules for imposing minor penalty in disciplinary proceedings against such categories of employees, as may be specified under the control of Zila Panchayat.

(10)The Chief Executive Officer shall cause the following actions to be taken in accordance with the procedure laid down by the State Government:-

(a)Orders of administrative sanction regarding schemes of Rural Development as per Action Plan approved by the General Body.

(b)Sanction of order in programmes assigned by the Central or State Government after the approval of Standing Committee prescribed in the schemes.

(c)Cases of financial, administrative and technical sanction by competent authority;

(d)To receive utilisation report from the executing agency about the disbursed amount.

(e)Financial allocations to the executive agency in accordance with the progress.

(f)Financial allocations to Janpad Panchayat and Gram Panchayat for implementation of schemes up to targets approved by Zila Panchayat.

(g)Preparation of District Level Annual Action Plan for the implementation of rural development schemes including the schemes of Gram Panchayat and Janpad Panchayat level.

(h)Determination of Janpad Panchayat and Gram Panchayat wise targets for rural development schemes by Standing Committee and communication thereof to the concerned Panchayats.

23. Miscellaneous.

(1)Subject to the provisions of this rule, the Zila Panchayat may decide procedure methodology with the approval of General Body.

(2)The provision of this rule shall apply with necessary modifications for the procedure of General Body and its Secretary.

(3)All correspondences from or on behalf of Zila Panchayat under the signature of Chief Executive Officer or any officer authorised by him and shall necessary be accorded by relevant resolutions of that Panchayat or its Standing Committee.

24. General.

- All rules corresponding to these rules in force immediately before the commencement o! these rules are hereby repealed in respect of the matter covered by these rules provided that any order made or action taken under the rules so repealed, shall be deemed to have been made or taken under the corresponding provisions of these rules.

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