197. Functions, powers and duties of the Chief Executive Officer and other officers.
(1)[[Save as otherwise expressly provided by or under this Act] [Substituted by Act 9 of 1996 w.e.f. 29.11.1995.], the Chief Executive officer shall perform the following functions:-] [Inserted by Act 37 of 2003 w.e.f. 1.10.2003.](a)exercise all the powers specially imposed or conferred upon him by or under this Act, or under any other law for the time being in force;(b)[ control the officers and officials of, or holding office under the Zilla Panchayat subject to the general superintendence and control of the Adhyaksha and such rules as may be prescribed.] [Substituted by Act 9 of 1966 w.e.f. 29.11.1995.](bb)[ discharge all duties imposed and exercise all the powers conferred on him under this Act and the rules made there under and perform such functions entrusted to him by the Government from time to time] [Inserted by Act 37 of 2003 w.e.f. 1.10.2003.].(c)supervise and control the execution of all works of the Zilla Panchayat;(d)take necessary measures for the speedy execution of all works and developmental schemes of the Zilla Panchayat;(e)have custody of all meeting papers and documents connected with the proceedings of the meetings of the Zilla Panchayat and its Committees;(f)draw and disburse monies out of the Zilla Panchayat fund; and(g)exercise such other powers and discharge such other functions as may be prescribed.(2)The Chief Executive Officer shall attend every meeting of the Zilla Panchayat and shall have right to attend the meeting of any Committee thereof and to take part in the discussion but shall not have right to move any resolution or to vote. [If in the opinion of the Chief Executive Officer any proposal or resolution before the Zilla Panchayat or any Committee or any order of the Adhyaksha is violative of, or inconsistent with, the provisions of this Act, or any other law or rule or order made thereunder or any financial regulation or budget provision or is in derogation of the functions and powers of the Zilla Panchayat, or its committee or the Adhyaksha, it shall be the duty of the Chief Executive Officer to advise the Zilla Panchayat or the committee or the Adhyaksha in the form of a written note containing the reasons for his opinion and specifying the law, rule, order, regulation or provision with which the proposal or resolution or order is inconsistant and if the proposal or resolution or order has been considered and passed by the Zilla Panchayat or the committee or the Adhyaksha before such advise is tendered, the Chief Executive Officer may resubmit the proposal or resolution or order with his advice after such examination as he considers necessary.] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.](3)[ If the Zilla Panchayat or any of its committees or the Adhyaksha passes the resolution or order without resolving the inconsistency referred to in sub-section (2) it shall be the duty of the Chief Executive Officer, not withstanding any other provisions in this Act, to forward forthwith to the Government under intimation to the Adhyaksha a copy of the said resolution or order along with his written note and he shall not implement such resolution or order otherwise than as decided by the Government:Provided that if the Government does not communicate its decision within fifteen days from the date of receipt of such letter, the Chief Executive Officer shall take action to implement such resolution of the Zilla Panchayat or the committee or the order of the Adhyaksha.] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.](4)The Chief Accounts Officer shall advice the Zilla Panchayat in matters of financial policy and shall be responsible for all matters relating to the accounts of the Zilla Panchayat including the preparation of the annual accounts and budget.(5)The Chief Accounts Officer shall ensure that no expenditure is incurred except under proper sanction and in accordance with this Act and the rules and regulations made thereunder and shall disallow any expenditure not warranted by the Act or the rules or regulations for which no provision is made in the budget.(6)The Deputy Secretary shall assist the Chief Executive Officer in the performance of his duties.
