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[Cites 0, Cited by 0] [Section 90] [Entire Act]

State of Jharkhand - Subsection

Section 90(3) in Jharkhand Panchayat Raj Act, 2001

(3)Establishment of Zila Parishad -
(a)The State Government shall appoint a Chief Executive Officer for every Zila Parishad, who will be an officer of the rank of District Magistrate. Likewise, the government may appoint an Additional Chief Executive Officer for a Zila Parishad on the terms and conditions as specified and may also, as per need, appoint one or more than one Deputy Chief Executive Officer and Executive Officer who will perform such functions and discharge such duties as may be assigned to them by the State Government or the Chief Executive Officer;
(b)The Government shall also appoint a Chief Planning Officer and a Chief Accounts Officer for every Zila Parishad;
(c)The State Government shall, from time to time, post officers and employees of different grades as well as All India Service Officer allotted for serving under the government, in every Zila Parishad in such number as the government thinks necessary;
(d)Notwithstanding any thing contained in this Act or any other law for the time being in force, the Government or any other officer or any other Authority authorised by it in this behalf shall have the power to transfer such posted officers and employees from one district to another district;
(e)The State Government may constitute such services from an appointed date for every such prescribed Zila Parishad, as may be prescribed;
(f)Functions of the Chief Executive Officer and other Officers -
(i)Save as otherwise specifically provided by or under this Act, the Chief Executive officer shall -
(a)Execute the Policies and directives of the Zila Parishad and shall take necessary steps for expeditious execution of all works and development schemes of the Zila Parishad;
(b)Subject to the general supervision and control of the Adhyaksha and the rules as prescribed, shall control the officers and employees of the Zila Parishad;
(c)Shall discharge the duties conferred by or under this Act or the Rules or regulations made thereunder;
(d)Shall keep in custody all the papers and documents pertaining to the Zila Parishad;
(e)Shall draw and disburse money from the Zila Parishad funds and shall exercise such other powers and shall perform such other functions as may be vested in him;
(ii)The Chief Executive Officer shall participate in every meeting of the Zila Parishad and he shall be entitled to participate in any committee of its and to take part in its discussion, but he shall have no right to moot any proposal or to cast vote. If any proposal mooted before the Zila Parishad is transgressive in the opinion of the Chief Executive Officer or is not in conformity with the provisions of this Act or any other law,. rule or order made thereunder, it shall be his duty to draw the attention of the Zila Parishad to this;
(iii)Chief Planning Officer shall advice the Zila Parishad in matter of preparing a plan and shall be responsible for all the matters related with plans of the Zila Parishad in which preparation of plan for economic development and social justice and annual plan of the district is also included, and he shall be the Chief Executive Officer of the district planning unit constituted for the district planning committee.
(iv)Chief Accounts Officer shall advise the Zila Parishad on matters of financial policy and shall be responsible for all matters concerned with accounts of the Zila Parishad wherein preparation of annual account and budget is also included and shall ensure that no expenditure whatsoever is done without proper sanction, and if done, it has to be done only in accordance with this Act and the rules and regulations made thereunder, and shall disallow any such expenditure which is not supported by this Act or rules or regulations or wherefor no provision has been made in the budget.
(v)Every person in possession of money, accounts, documents or other property related with Gram Panchayat or Panchayat Samiti or Zila Parishad shall, on demand in writing being made by the Chief Executive Officer in this regard, hand over the said money or make over the said accounts, documents or other property to the Chief Executive Officer or to the person authorised, in the demand, to receive the same;
(vi)Chief Executive Officer may also take action to realise any money payable by any person in the manner in which action for realisation of arrears of land revenue from defaulters is taken and may issue search warrant for the purpose of obtaining the accounts, documents or other property pertaining to Gram Panchayat or Panchayat Samiti or Zila Parishad and may exercise all such powers related therewith as may be lawfully exercised by a Magistrate under the provisions of chapter (vii) of the code of Criminal Procedure, 1973 (Act 2 of 1974);
(vii)Every person having knowledge of where the money, accounts, documents or other property pertaining to the Gram Panchayat or Panchayat Samiti or Zila Parishad are lying hidden, shall be bound to give the said information to the Chief Executive Officer;
(viii)An appeal shall lie before the State Government, against an order of the Chief Executive Officer under this section.