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State of Jharkhand - Section

Section 84 in Jharkhand Panchayat Raj Act, 2001

84. Fund of Gram Panchayat and its property.

(1)Gram Panchayat shall have power to acquire, hold and dispose of property and to enter into contract with respect thereof;Provided that in every case of disposal of immovable property by the Gram Panchayat, it shall have to obtain prior permission of the Government.
(2)Save that maintained by the central or State Government or the local Authority or (under) the power of any other Gram Panchayat or by (all of) them all the like properties within the local limits of the jurisdiction of the Gram Panchayat specified in this section shall vest in the Gram Panchayat and shall belong to it, and all other properties in any form or kind whatsoever that be vested in the Gram Panchayat, shall be under its direction, management and control; namely
(a)all common properties;
(b)all public lanes including earth, stone and other articles, and all drains, bridge-culverts, trees, building materials, implements and other things which are provided for such lanes;
(c)all public sewage systems and drains as well as all constructing materials and articles appertaining thereto and other sewage works;
Provided that the sub soil for the purposes of enlarging, deepening or repairing otherwise or maintaining such sewage and drains or attached therewith shall be deemed vested in the Gram Panchayat;
(d)the entire night soil, garbage and obnoxious material collected from lanes, lavatories, urinals, sewage system, cesspits and other places or dumped in lanes by the Gram Panchayat;
(e)all public lights, light-poles and implements attached and related therewith;
(f)all buildings constructed by the Gram Panchayat and all lands, buildings and properties transferred by the central or state government to the gram panchayat or that donated, purchased or otherwise acquired for purposes of the local people;
(g)all public drains, water distributaries, springs, ponds, ghats, reservoirs, tanks, wells, water bridges, outlets, tunnels, pipes, pumps, and other public works constructed or founded or established at the cost of the gram panchayat or otherwise and all bridges, buildings, fuel, building materials and articles attached or connected therewith and any land (not being private property) adjoining a pond;
Provided that water-pumps and pump-works attached or connected therewith for the foundation laying or installing whereof in any lane permission of the gram panchayat has been obtained and which have been installed by the proprietors of any mill, factory, industry, workshop or any other likewise outfit mainly for use of their employees, shall not be deemed to be public works on the count of their use by the general public.
(3)The State Government may, by notification, release any lane, bridge or drain from application of this Act or any specific section of this Act;Provided that had the making cost of the structure been defrayed out of the Gram Panchayat fund, the said structure can not be released from application of this Act or any specific section of this Act unless the said resolution of the gram Panchayat is deliberated into in any meeting.
(4)The State Government may allot to a gram panchayat any public property situate within its territorial jurisdiction and then the said property shall go under control of the gram panchayat.
(5)The State Government may take back any property allotted to a gram panchayat under sub-section (4). For such transfer no compensation other than the amount paid by the gram panchayat or the market value, of any building erected or any work executed by the gram panchayat on the said property, prevalent on the date of the take back, shall be payable;Provided that no compensation in respect of the buildings, structures or works constructed or erected in contravention of the terms and conditions of the vesting shall be payable.
(6)In every Gram Panchayat a gram panchayat fund shall be constituted in the name of the gram panchayat and the following shall be deposited therein -
(a)Contributions and grants made by the central or state government, if any;
(b)contributions and grants made by the Zila Parishad, Panchayat Samiti or any local Authority, if any;
(c)Loans sanctioned by the central or state government, if any;
(d)All amounts realised by it by way of taxcess, and fees-items;
(e)All receipts connected with any of the schools, hospitals, dispensaries, buildings, institutions or works kept under control and management of the Gram Panchayat or made by it or vested in it;
(f)Entire income accruing from any trust or endowment and all the amounts received by way of donation and contribution in favour of the Gram Panchayat;
(g)Fines and monetary penalties imposed and realised, as specified under the provisions of this Act;
(h)Other amounts to be received by the Gram Panchayat and on its behalf.
(7)Every Gram Panchayat, for meeting the following requirements, shall keep apart a sum and use the same annually, which -
(a)includes the expenditure of its own administration together with payment of salary, allowances, provident fund and gratuity of its officers and employees as well as secretary;
(b)Every Gram Panchayat shall have the power to spend such sum as it considers proper for implementation of the objectives of this Act;
(c)Gram Panchayat fund shall be vested in the panchayat and the deposit money of the fund shall be kept in a specified custody as prescribed.
(8)In the case of a gram panchayat, any amount may be withdrawn from the gram panchayat fund by joint signature of the Mukhia and the Secretary.