(1) The Governor shall, by notification in the Official Gazette establish a Zilla Parishad for a district and having jurisdiction over it, with effect from such date as may be specified.
(2) Every Zilla Parishad shall be a corporate body by the name of its district, having perpetual succession and common seal and subject to such restrictions as are imposed by or under this or any, other enactment, shall be vested with the capacity of sueing or being sued in its corporate name, of acquiring, holding and transfering property movable or immovable, whether without or within the limits of the area over which it has authority, of entering into contracts and of doing all things, necessary, proper or expedient for the purpose for which it is constituted.
Section 49 - Composition of Zilla Parishad
The Zilla Parishad shall consist of--
(a) the members directly elected from the territorial constituencies in the district under section 50;
(b) the members of the House of the People and the members of the State Legislative Assembly representing a part or whole of the district whose constituencies lie within the district; and
(c) ten per cent. of the Pradhans of the Gram Panchayats in the district:
Provided than when the total number of members under clauses (b) and (c) exceed the total number of members under clause (a), only one-third of the members under clause (c) shall be selected on rotation for a period of one year by lot as the Government may decide from time to time and district to district, subject to the condition that a Pradhan who was a member under this clause for one year shall not be eligible to become member for a second term during the remainder of his term of office as Pradhan:
Provided further that all members of the Zilla Parishad whether elected or not from territorial constituencies in the Zilla Parishad area shall have the right to vote in the meeting of the Zilla Parishad except in the election of Adhyaksha and Up-Adhyaksha.
Section 50 - Elected Members
(1) The Government may, by notification in the Official Gazette, determine the number of directly elected members from territorial constituencies keeping in view the overall population of the district at a rate of the one member for every 15,000 population or part thereof.
(2) For the conduct of the election, the prescribed authority shall, in, accordance with such rules as may be prescribed in this behalf by the Government,--
(a) divide the area of Zilla Parishad into territorial constituencies in such manner so that the ratio between the population of each constituency and the numbers of seats allotted to it shall, so far as may be practicable, be the same throughout the panchayat area and determine the number of seats allotted to each constituency;
(b) in relation to each territorial constituency shall elect one or more members through direct election in the manner prescribed.
Section 51 - Filling of casual vacancy
51. If vacancy of a member in Zilla Parishad occurs because of resignation, death, removal or otherwise, it shall be filled by election in the prescribed manner:
Provided that no election for filling the casual vacancy shall be held if the vacancy is for a period of less than six months.
Section 52 - Reservation
(1) Seats shall be reserved for--
(a) the Scheduled Castes;
(b) the Scheduled Tribes;
in every Zilla Parishad and the number of seats shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Zilla Parishad as the population of the Scheduled Castes in that Zilla Parishad area or of the Scheduled Tribes in that Zilla Parishad area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Zilla Parishad in such manner as may be prescribed.
(2) Not less than one-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women belonging to Scheduled Castes and Scheduled Tribes) of the total number of seats filled by direct election in every Zilla Parishad shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Zilla Parishad, in such manner as may be prescribed.
Section 53 - Term of a Zilla Parishad
(1) Every Zilla Parishad shall continue for five years from the date of its first meeting:
Provided that a Zilla Parishad which is functioning immediately before the commencement of this Act shall continue till the expiration of its duration.
(2) An election to constitute a Zilla Parishad shall be completed:--
(a) before the expiry of its duration specified in sub-section (1); and
(b) in case of its dissolution, before the expiration of a period of six months from the date of such dissolution:
Provided that where the remainder of the period for which the dissolved Zilla Parishad would have continued, is less than six months, it shall not be necessary to hold any election under this clause for such period.
(3) A Zilla Parishad constituted upon the dissolution of a Zilla Parishad before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Zilla Parishad would have continued under sub-section (1) had it not been so dissolved.
Section 54 - Election of Adhyaksha and Up-Adhyaksha
(1) The elected members of the Zilla Parishad referred to in section 50 shall, as soon as may be, elect two members from amongst themselves to be respectively Adhyaksha and Up-Adhyaksha thereof and so often as there is a casual vacancy in the office of the Adhyaksha and Up-Adhyaksha, they shall elect another member from amongst themselves to be Adhyaksha or Up-Adhyaksha, as the case may be:
Provided that no election shall be held if the vacancy is for a period of less than one month.
(2) The State Government, shall in the prescribed manner reserve--
(a) such number of offices of the Adhyaksha and Up-Adhyaksha on Zilla Parishad in the State for persons belonging to the Scheduled Castes and Scheduled Tribes shall as nearly as may be, the same proportion to the total number of offices in the Zilla Parishad as the population of the Scheduled Castes or of the Scheduled Tribes in the State bear to the total population of the state;
(b) not less than one-third of the total number of offices of Adhyaksha and Up-Adhyaksha in the State from each category which are reserved for persons belonging to the Scheduled Castes, the Scheduled Tribes and those which are unreserved, for women:
Provided that the offices reserved under this section shall be allotted by rotation to different Zilla Parishads.
(3) Save as otherwise provided in this Act, the Adhyaksha or Up-Adhyaksha shall hold office for the term of office of the members of the Zilla Parishad.
Section 55 - Salary and allowances to the Adhyaksha and Up-Adhyaksha and other Members
(1) The salary and allowances of the Adhyaksha and Up-Adhyaksha shall be such as may be prescribed.
(2) Every member of the Zilla Parishad other than the Adhyaksha and Up-Adhyaksha shall be entitled to receive, such sitting fee and allowances as may be prescribed.
Section 56 - Powers, functions and duties of the Adhyaksha and Up Adhyaksha
(1) The Adhyaksha shall--
(a) perform all the duties imposed and exercise all the powers conferred on the Adhyaksha under this Act and rules made thereunder;
(b) convene, preside over, and conduct meetings of the Zilla Parishad;
(c) exercise administrative supervision and control over the Chief Executive Officer and through him, all officers and other employees of the Zilla Parishad and the officers and employees whose services may be placed at the disposal of the Zilla Parishad by the State Government;
(d) exercise such other powers, perform such other functions and discharge such other duties as the Zilla Parishad may, by general resolution direct or as the Government may, by rules made in this behalf, prescribe;
(e) exercise overall supervision over the financial and executive administration of the Zilla Parishad and place before the Zilla Parishad all questions connected therewith which shall appear to him to require its orders and for this purpose may call for records of the Zilla Parishad; and
(f) have power to accord sanction up to a total sum of rupees one lakh in a year for the purpose of providing immediate relief to those who are affected by natural calamities in the district:
Provided that the Adhyaksha shall place at the next meeting of the Zilla Parishad for its ratification, the details of such sanctions.
(2) The Up-Adhyaksha shall--
(a) in the absence of the Adhyaksha, preside over the meetings of the Zilla Parishad;
(b) exercise such powers and perform such duties of the Adhyaksha as the Adhyaksha from time to time may, subject to the rules as may be prescribed delegate to him by order in writing; and
(c) pending the election of the Adhyaksha or during the absence of the Adhyaksha from the district, or by reason of leave for a period exceeding thirty days, exercise the powers and perform the duties of the Adhyaksha.
Section 57 - Resignation or removal of the Adhyaksha and Up-Adhyaksha
(1) The Adhyaksha may resign his office by writing under his hand addressed to the Commissioner, and the Up-Adhyaksha may resign his office by writing under his hand addressed to the Adhyaksha.
(2) Every resignation under sub-section (1) shall take effect on the expiry of fifteen days from the date of its receipt by the prescribed authority, unless within this period of fifteen days he withdraws such resignation by writing under his hand addressed to the prescribed authority.
(3) Every Adhyaksha or Up-Adhyaksha shall vacate the office if he ceases to be a member of the Zilla Parishad.
(4) Every Adhyaksha or Up-Adhyaksha shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of the total number of elected members of the territorial constituencies of the Zilla Parishad at a meeting specially convened for the purpose. The requisition for such a special meeting shall be signed by not less than one-fifth of the total membership of the Zilla Parishad and shall be delivered to the Adhyaksha. The Adhyaksha shall, within seven days from the date of receipt of the requisition, convene a special meeting of the Zilla Parishad. The meeting shall be held on a day not later than fifteen days from the date of issue of the notice of the meeting. The meeting shall be presided over by the Adhyaksha, if the motion is against the Up-Adhyaksha and in the case of Adhyaksha, the Up-Adhyaksha shall preside over the meeting, if it is against both a member nominated from amongst themselves by the members present in such meeting shall preside over such meeting. In the initial two years of their term as Adhyaksha or Up-Adhyaksha, as the case may be, of Zilla Parishad, no motion of no-confidence shall be brought against them.
(5) If the motion of no-confidence against the Adhyaksha or Up-Adhyaksha or both is once rejected no fresh motion of no-confidence against the Adhyaksha or Up-Adhyaksha or both, as the case may be, shall be brought before the Zilla Parishad within a period of one year from the date of such rejection of the motion.
Section 58 - Resignation of Member
A member of a Zilla Parishad my resign his membership in writing under his hand addressed to the Adhyaksha of the Zilla Parishad, and his seat shall become vacant on the expiry of fifteen clear days from the date of such resignation, unless within the said period of fifteen days, he withdraws such resignation by writing under his hand addressed to the Adhyaksha.
Section 59 - Meeting of the Zilla Parishad
(1) Every Zilla Parishad shall hold meetings at least once in every three months, at such time and at such place within the local limits of the district concerned as the Zilla Parishad may fix at the immediately preceding meeting:
Provided that the first meeting of a newly constituted Zilla Parishad shall be held at such time and at such place within the local limits of the district concerned, as the prescribed authority may fix:
Provided further that the Adhyaksha when required in writing by one-fifth of the members of the Zilla Parishad to call a meeting he shall do so within ten days, failing which the aforesaid members may call a meeting after giving intimation to the prescribed authority and seven clear days notice to the Adhyaksha and the other members of the Zilla Parishad.
(2) One-third of the total number of members of the Zilla Parishad shall form a quorum for transacting the business at the meeting of the Zilla Parishad.
(3) All questions coming before the Zilla Parishad shall be decided by a majority of votes and in case of equality of votes, the Adhyaksha or the member presiding shall have a casting vote.
(4) Every meeting shall be presided over by the Adhyaksha or if he is absent by the Up-Adhyaksha and if both the Adhyaksha and the Up-Adhyaksha are absent or if the Adhyaksha is absent and there is no Up-Adhyaksha the members present shall elect one from among themselves to preside over the meeting.
Section 60 - Minutes
(1) Minutes shall be kept of the names of the members and of the officers, if any, present, and of the proceedings at each meeting of the Zilla Parishad and if any member present at the meeting so desires, of the names of the members voting respectively for or against any resolution, in a book to be provided for purpose and after they are read over and agreed to, shall be signed by the Adhyaksha and Up-Adhyaksha or person presiding at such meeting, and shall at all reasonable times be open to inspection by any member of the Zilla Parishad. Any person may inspect the copy of the minutes of the meeting. The minutes books shall always be kept in the office of the Zilla Parishad and shall be in the custody of the Chief Executive Officer of the Zilla Parishad.
(2) A copy of every resolution passed by the Zilla Parishad shall with in ten days from the date of its passing in the meeting, be forwarded by the Chief Executive Officer to the Government.
Section 61 - Functions and powers of Zilla Parishad
(1) Any transfer of a subject to the Zilla Parishad shall be with the approval of the Government from time to time.
(2) Subject to the condition and exceptions as the Government may, from time to time, impose, it shall be the function of the Zilla Parishad to prepare plans for economic development and social justice of the District, and to ensure the coordinated implementation of such plans in respect of matters including those mentioned below, namely:--
1. AGRICULTURE AND AGRICULTURAL EXTENSION:
(i) promotion of measures to increase agricultural production and to popularise the use of improved agricultural implements and the adoption of improved agricultural practices;
(ii) establishment and maintenance of godowns;
(iii) conducting agricultural fairs and exhibitions;
(iv) training of farmers;
(v) land improvement and soil conservation; and
(vi) promotion of agricultural extension works.
2. IRRIGATION GROUND WATER RESOURCES AND WATERSHED DEVELOPMENT:
(i) construction, renovation and maintenance of minor irrigation works and lift irrigation;
(ii) providing for the timely and equitable distribution and full use of water under irrigation schemes under the control of the Zilla Parishad;
(iii) development of ground water resources;
(iv) installation of community pump sets; and
(v) watershed development programme.
3. HORTICULTURE:
(i) promotion of rural parks and gardens;
(ii) promotion of cultivation of fruits and vegetables; and
(iii) promotion of farms.
4. STATISTICS:
(i) publication of statistical and other information relating to activities of Gram Panchayats and Zilla Parishads;
(ii) co-ordination and use of statistics and other information required for the activities of the Gram Panchayats and Zilla Parishads; and
(iii) periodical supervision and evaluation of project and programmes entrusted to the Gram Panchayats and Zilla Parishads.
5. DISTRIBUTION OF ESSENTIAL COMMODITIES.
6. SOIL CONSERVATION AND LAND REFORMS:
(i) soil conservation measures;
(ii) land reclamation and land development works; and
(iii) promote implementation of land reforms and land consolidation.
7. MARKETING:
(i) development of regulated markets and marketing yards; and
(ii) grading and quality control of agriculture products,
8. SOCIAL FORESTRY:
(i) organise campaign for tree planting; and
(ii) planting and maintenance of trees.
9. ANIMAL HUSBANDRY AND DAIRYING:
(i) improvement of breed of cows and pigs;
(ii) promotion of poultry farms, duck farms and goal farms;
(iii) promotion of fodder development programmes;
(iv) promotion of dairy farming, poultry and piggery; and
(v) prevention of epidemics and contagious diseases.
10. MINOR FOREST PRODUCE FUEL AND FODDER:
(i) promotion of social and farm forestry, fuel plantation and fodder development;
(ii) management of minor forest produce of the forests raised in community lands; and
(iii) development of wasteland.
11. FISHERIES:
(i) promotion of fish seed production and distribution;
(ii) development of pisiculture in private and community tanks;
(iii) development of inland fisheries;
(iv) promotion of fish curing and drying:
(v) assistance to traditional fishing;
(vi) organising fish marketing co-operatives; and
(vii) welfare schemes for the uplift and development of fisherman.
12. HOUSEHOLD INDUSTRIES:
(including food processing) :
(i) identification of traditional skills in the locality and promotion of household industries;
(ii) organisation of training programme for craftsmen and artisan;
(iii) liason to tap bank credit for household industries;
(iv) popularising and marketing of finished products; and
(v) organising khadi, handloom, handicraft and village and cottage industries.
13. RURAL ROADS AND INLAND WATERWAYS:
(i) construction and maintenance of roads other than National, State Highways and other District road;
(ii) bridges and culverts coming under roads falling in item (i);
(iii) construction and maintenance of office buildings of the Zilla Parishad;
(iv) identification of major link roads connecting markets, educational institutions, health centres; and
(v) organising voluntary surrender of lands for new roads and for widening of existing roads.
14. HEALTH AND HYGIENE:
(i) implementation of immunization and vaccination programme;
(ii) health education activities in hospitals, primary health centres and dispensaries;
(iii) maternity and child health service activities;
(iv) family welfare activities;
(v) organising health camps with Gram Panchayats; and
(vi) measures against environment pollution.
15. RURAL HOUSING:
(i) identification of houseless families;
(ii) implementation of house building programmes in the district; and
(iii) popularising low cost housing.
16. EDUCATION:
(i) promotion of educational activities including the establishment and maintenance of primary and secondary schools;
(ii) planning of programmes for Adult Education and Library facilities;
(iii) propagation of technical training and vocational education; and
(iv) extension work for propagation of Science and Technology to rural areas.
17. SOCIAL WELFARE AND WELFARE OF WEAKER SECTIONS AND HANDICAPPED PERSONS:
(i) promotion of social welfare programme and social welfare activities with emphasis on handicapped and mentally retarded persons;
(ii) organising nursery schools, balwadies, night schools and libraries to eradicate illiteracy and impart general education; and
(iii) organising co-operative societies of Scheduled Castes and Scheduled Tribes.
18. POVERTY ALLEVIATION PROGRAMMES:
planning, supervision, monitoring and implementation of poverty alleviation programmes.
19. DRINKING WATER:
(i) construction, repair and maintenance of drinking water wells, tanks and ponds;
(ii) prevention and control of water pollution.
20. RURAL ELECTRIFICATION:
(i) promote extension of electricity to unelectrified areas;
(ii) help in the prevention of illegal tapping of electricity; and
(iii) help in the recovery and collection of electricity dues.
21. NON-CONVENTIONAL ENERGY SOURCES
(i) promotion and development of non-conventional energy scheme; and
(ii) propagation of efficient energy devices.
22. SOCIAL REFORM ACTIVITIES:
(i) promotion of women's organisation and welfare;
(ii) promotion of children's organisation and welfare;
(iii) organise cultural and recreation activities;
(iv) encouragement of sports and games and construction of rural stadia;
(v) promotion of thrill and savings through:--
(a) promotion of saving habits;
(b) small savings campaign;
(c) fight against spurious money lending practices and rural indebtedness.
(4) In addition, the Zilla Parishad may--
(a) manage or maintain any work of public utility or any institution vested in it or under its control and management;
(b) acquire and maintain village hats and markets
(c) make grants to Gram Panchayats;
(d) adopt measures for the relief of people in distress;
(e) co-ordinate and integrate the development plans and schemes prepared by Gram Panchayat's in the district;
(f) examine and sanction the budget estimates of Gram Panchayat in the district;
(g) undertake or execute any scheme extending to the whole or part of the district; and
(h) take over the maintenance and control of any rural bridge, tank, ghat, well, channel or drain, belonging to a private owner or any other authority on such terms as may be agreed upon.
(5) The Zilla Parishads of two or more adjacent districts may jointly undertake and execute any development scheme on such terms and conditions as may be mutually agreed upon:
Provided that the Government may, by notification and subject to such conditions as it may impose,transfer additional functions to the Zilla Parishad.
Section 62 - General powers of Zilla Parishad
(1) Subject to the general or special orders of the Government, the Zilla Parishad may--
(a) incur expenditure on education or medical relief outside its jurisdiction;
(b) provide for carrying out any work or measures likely to promote health, safety, education, comfort, convenience or social or economic or cultural well-being of the inhabitants of the district;
(c) contribute to association of All India, State or Inter-State level concerned with the promotion of local government and for holding exhibition, seminar and conferences within the district related to the activities of Gram Panchayat and Zilla Parishad; and
(d) render financial or other assistance to any person for carrying in the district any activity which is related to any of its functions.
(2) The Zilla Parishad shall have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted or delegated to it and, in particular, and without prejudice to the foregoing powers to exercise all powers specified under this Act.
Section 63 - Assignment of functions
(1) The Government may assign to Zilla Parishad, functions in relation to any matters to which the executive authority of the Government extends or in respect of functions which have been assigned to the State Government by the Central Government.
(2) The Government may, by notification, withdraw or modify the functions assigned under sub-section (1).
Section 64 - Delegation of powers
The Zilla Parishad may, by notification, delegate to the Chief Executive Officer or other Officer any of the powers conferred by or under this Act on the Zilla Parishad.
Section 65 - Standing Committees
(1) The Zilla Parishad shall have the following Standing Committees, namely:--
(a) General Standing Committee;
(b) Finance, Audit and Planning Committee;
(c) Social Justice Committee;
(d) Education and Health Committee;
(e) Agriculture and Industries Committee; and
(f) Works Committee.
(2) Each Standing Committee shall consist of such number of members not exceeding five including the Chairman elected by the members of Zilla Parishad from amongst the elected members.
(3) The Adhyaksha shall be the ex-officio member and Chairman of the General Standing Committee and the Finance, Audit and Planning Committee. The Up-Adhyaksha shall be the ex officio member and Chairman of the Social Justice Committee. The other Standing Committee shall elect the Chairman from among their members.
(4) No member of the Zilla Parishad shall be eligible to serve not more than two Standing Committees.
(5) The Chief Executive Officer shall be the ex officio Secretary of the General Standing Committee and the Finance, Audit and Planning Committee and he shall nominate one of the Deputy Secretaries as ex officio Secretary for each of the remaining Standing Committees. The Chief Executive Officer shall be entitled to attend the meetings of all the Standing Committees.
Section 66 - Functions of the Standing Committee
(1) The General Standing Committee shall perform functions relating to the establishment matters and functions relating to communication, buildings, rural housing, village extensions, relief against the natural calamities and allied matters and all other matters.
(2) The Finance Audit and Planning Committee shall perform the functions relating to:--
(a) the finances of the Zilla Parishad, framing of Budgets scrutinising proposals for increase of revenue, examination of receipts and expenditure statements, consideration of all proposals affecting the finances of the Zilla Parishad and general supervision of the revenue and expenditure of the Zilla Parishad;
(b) the plan priorities, allocation of outlays to developments, horizontal and vertical linkages, implementation of guidelines issued by the Government, regular review of planning programmes, evaluation of important programmes and small savings schemes.
(3) The Social Justice Committee shall perform functions relating to:--
(a) promotion of education, economic, social, cultural and other interests of the Scheduled Castes, Scheduled Tribes and Backward Classes;
(b) protecting them from social injustice and all other forms of exploitation;
(c) amelioration of the Scheduled Castes, the Scheduled Tribes and Backward Classes;
(d) securing social justice to the Scheduled Castes, the Scheduled Tribes, women and other weaker sections of the society.
(4) The Education and Health Committee shall:--
(a) be incharge of all educational activities of the Zilla Parishad;
(b) undertake the planning of education in the district within the framework of the national policy and the national and state plans;
(c) survey and evaluate the educational activities of the Zilla Parishad;
(d) perform such other duties pertaining to education, adult literacy and cultural activities as the Zilla Parishad may assign to it.
(e) health services, hospitals, water supply, family welfare and other related matters.
(5) The Agriculture and Industry Committee shall perform functions relating to:--
(a) agricultural production, animal husbandry, co-operation, contour bunding and reclamation;
(b) village and cottage industries; and
(c) promotion of industrial development of the district.
(6) The Works Committee shall perform functions relating to maintenance of:--
(a) roads including district roads, bridges, culverts;
(b) maintenance of buildings under its control or transferred by the Government or any public authority; and
(c) maintenance of boats, ferries, waterways.
(7) The Standing Committees referred to in sub-section (1) to (6) shall perform the functions referred to above to the extent the powers are delegated to them by the Zilla Parishad.
(8) The Standing Committees shall perform in respect of matters assigned to them such additional duties as may be prescribed.
Section 67 - Procedure of Committees
(1). The Zilla Parishad may frame regulations relating to election of members of committees, conduct of business therein, and all other matters relating to the committees.
(2) The Chairman of every Standing Committee shall in respect of the work of that committee be entitled to call for any information, return statement or report from the officer of the Zilla Parishad and to enter on and inspect any immovable property of the Zilla Parishad or any work in progress concerning the committee.
(3) Each Standing Committee shall be entitled in require attendance at its meetings of any officer of the Zilla Parishad who is connected with the work of the Committee. The Chief Executive Officer shall, under instruction of the committee, issue notices and secure the attendance of the officer.
Section 68 - Power to acquire, hold and dispose of property
(1) A Zilla Parishad shall have the power to acquire, hold and dispose of property and to enter into contracts:
Provided that in all cases of acquisition or disposal of immovable property the Zilla Parishad shall obtain the previous approval of the Government.
(2) All roads, buildings or other works constructed by a Zilla Parishad with its own funds shall vest in it.
(3) The Government may allocate to a Zilla Parishad any public property situated within its jurisdiction, and thereupon such property shall vest in the Zilla Parishad.
(4) Where a Zilla Parishad requires land to carry out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement, it may make an application to the Deputy Commissioner for the acquisition of the land and the Deputy Commissioner may, if he is satisfied that the land is required for a public purpose, take steps to acquire the land under the provisions of the Land Acquisition Act, 1894 and such land shall on acquisition, vest in the Zilla Parishad.
Section 69 - Zilla Parishad Fund
(1) For every Zilla Parishad there shall be constituted a Zilla Parishad Fund bearing the name of the Zilla Parishad and there shall be placed to the credit thereof:--
(a) contributions and grants, if any, made by the Central or the State Government including such part of land revenue collected in the State as may be determined by the Government;
(b) contributions and grants, if any, made by a Gram Panchayat or any other local authority;
(c) loans, if any, granted by the Central or State Government or raised by the Zilla Parishad on security of its assets;
(d) the proceeds of road-cess and public works-cess levied in the district;
(e) all receipts on account of tolls, rates and fees levied by the Zilla parishad;
(f) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works, vested in, constructed by or placed under the control and management of the Zilla Parishad;
(g) all sums received as gift or contribution and all income from any trust or endowment made in favour of Zilla Parishad;
(h) such fines or penalties imposed and realised under the provisions of this Act or of the bye-laws made thereunder, as may be prescribed; and
(i) all other sums received by or on behalf of the Zilla Parishad.
(2) Every Zilla Parishad shall set apart and apply annually such sum as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees. The overall expenditure on establishment shall not exceed one-third of the total expenditure.
(3) Every Zilla Parishad shall have the power to spend such sums as it thinks fit for carrying out the purpose of this Act.
(4) The Zilla Parishad Fund shall be vested in the Zilla Parishad and the amount standing to the credit of the fund shall be kept in such custody or invested in such manner as the Government may, from time to time, direct.
Section 70 - Taxation
(1) Subject to such maximum rates as the Government prescribe, a Zilla Parishad may--
(a) levy tolls on persons, vehicles or animals or any class of them at any toll-bar established by it on any road other than kutcha road or any bridge vested in it or under its management;
(b) levy tolls in respect of any ferry established by it or under its management;
(c) levy road cess and public works cess;
(d) levy the following fees and rates, namely:--
(i) fees on the registration of boats or vehicles;
(ii) a fee for providing sanitary facilities at such places or pilgrimage, fairs and melas within its jurisdiction as may be specified by the Government by notification;
(iii) a fee for licence for fair or mela;
(iv) a lighting rate where arrangement for lighting of public streets and places is made by the Zilla Parishad within its jurisdiction; and
(v) water rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Zilla Parishad within its jurisdiction.
(2) The Zilla Parishad shall not undertake registration of any vehicle or levy fee thereof and shall not provide sanitary arrangements at places of worship or pilgrimage, fairs and melas within its jurisdiction or levy fee thereof if such vehicle has already been registered by any other authority under any law for the time being in force or if such provision for sanitary arrangement has already been made by any other local authority.
(3) The scales of tolls, fees or rates and the terms and conditions for the imposition thereof shall be such as may be provided by regulation. Such regulation may provide for exemption from all or any of the tolls, fees or rates in any class of cases.
Section 71 - Financial arrangements of Zilla Parishad
(1) A Zilla Parishad may subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force, raise from time to time, with the approval of the Government, loans for the purpose of the Act and create a sinking fund for the repayment of such loans.
(2) Notwithstanding anything contained in sub-section (1) a Zilla Parishad may borrow money from the Government or, with the previous sanction of the Government, from banks or other financial institutions, for furtherance of its objective on the basis of specific scheme as may be drawn up by the Zilla Parishad for the purpose.
Section 72 - Budget
(1) Every Zilla Parishad shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year and submit it to the Government.
(2) The Government may, within such time as may be prescribed either approve the budget or return it to the Zilla Parishad for such modifications as it may direct. On such modifications being made the budget shall be resubmitted within such time as may be prescribed for approval of the Government. If the approval of the Government is not received by the Zilla Parishad by the last date of the financial year, the budget shall be deemed to be approved by the Government.
(3) No expenditure shall be incurred unless the budget is approved by the Government.
(4) The Zilla Parishad may prepare in each year a supplementary estimate providing for any modification of its budget and may submit it to the Government for approval within such time and in such manner as may be prescribed.
Section 73 - Accounts
A Zilla Parishad shall keep accounts in such manner as may be prescribed.
Section 74 - Audit
(1) The audit of the accounts of the Zilla Parishad shall be carried out by the authority as may be prescribed by the Government and a copy of the audit note shall be forwarded to the Zilla Parishad within one month of the completion of the audit.
(2) On receipt of the audit report referred to in sub-section (1), the Zilla Parishad shall either remedy any defects or irregularities which have been pointed out in the audit and send to the Government within three months an intimation of its having done so or shall, within the said period, supply any further explanation to the prescribed authority in regard to such defects or irregularities as it is required to furnish.
Section 75 - Staff of Zilla Parishad
(1) An officer of the rank of the Deputy Commissioner shall be the Chief Executive Officer of the Zilla Parishad who shall be appointed by the Government. The Government may, also appoint an Additional Chief Executive Officer for a Zilla Parishad on such terms and conditions as may be prescribed.
(2) The Government shall also appoint a Chief Accounts Officer and a Chief Planning Officer for each Zilla Parishad on such terms and conditions as may be prescribed.
(3) The Government shall post from time to time in every Zilla Parishad such number of officers of Group A, B and C services of the State (including any officers appointed to such service from amongst person employed by the existing local authority) and officers of an All India Service allocated to serve under the Government, as the Government considers necessary.
(4) Notwithstanding anything contained in this Act or any other law for the time being in force the Government or any other officer or other authority authorised by it in this behalf shall have the power to effect transfer of the officers and officials so posted from one district to another district.
(5) The Government may constitute, from such date as is specified, such services for each Zilla Parishad as may be prescribed.
Section 76 - Functions of the Chief Executive Officer and other officer
(1) Save as otherwise expressly provided by or under this Act the Chief Executive Officer shall,--
(a) carry out the policies and directions of the Zilla Parishad and take necessary measures for the speedy execution of all works and developmental schemes of Zilla Parishad;
(b) discharge the duties imposed upon him, by or under this Act or the rules and regulations made thereunder;
(c) control the officers and servants of the Zilla Parishad subject to the general superintendence and control of the Zilla Adhyaksha and under such rules as may be prescribed;
(d) have custody of all papers and documents relating to Zilla Parishad; and
(e) draw and disburse money out of the Zilla Parishad Funds and exercise such other powers and perform such other functions as may be prescribed.
(2) The Chief Executive Officer shall attend every meeting of the Zilla Parishad and may take part in the discussion but shall not have the right to move any resolution or to vote. If in the opinion of the Chief Executive Officer any proposal before the Zilla Parishad is violative of or is inconsistent with the provisions of this Act or any other law or the rules made thereunder, it shall be his duty to bring the same to the notice of the Zilla Parishad.
(3) The Chief Accounts Officer shall advise the Zilla Parishad in matters of financial policy and shall be responsible for all matters relating to the accounts of the Zilla Parishad including preparation of accounts and the budget.
(4) 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 rules and regulations or for which no provision is made in the budget.
(5) The Additional Chief Executive Officer shall assist the Chief Executive Officer in the performance of his duties.
(6) The Chief Planning Officer shall advise the Zilla Parishad in matters of plan formulation and shall be responsible for all matters relating to planning of the Zilla Parishad including the preparation of plans of economic development and social justice and annual plan of the district.
Section 77 - Right to requisition records, recover money, etc
(1) Every person in possession of money, accounts, records or other property pertaining to a Gram Panchayat or a Zilla Parishad shall on the requisition in writing of the Chief Executive Officer for this purpose, forthwith hand over such money or deliver up such accounts, records or other property to the Chief Executive Officer or the person authorised in the requisition to receive the same.
(2) The Chief Executive Officer may also take steps to recover any money due by such person in the same manner and subject to the same provisions as in the relevent Land Revenue Act, for the recovery of the arrears of land revenue from defaulters and for the purpose of requisitioning the accounts, records or for recovering any other property apertaining to the Gram Panchayat or Zilla Parishad may issue a search warrant and exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1973.
(3) Every person knowing where any money, accounts, records or other property apertaining to a Gram Panchayat or a Zilla Parishad are concealed shall be bound to give information of the same to the Chief Executive Officer.
(4) An appeal shall lie from an order of the Chief Executive Officer under this section to the Government.