CHAPTER XII
Property and Fund
128. Power to acquire, hold and dispose of property. – A Panchayat Samiti 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 Panchayat Samiti shall obtain the previous approval of the State Government.
129. Works constructed by a Panchayat Samiti to vest in it. – All roads, buildings or other works constructed by a Panchayat Samiti with its own funds shall vest in it.
130. Allocation of properties to Panchayat Samiti. – The State Government may allocate to a Panchayat Samiti any public property situated within its jurisdiction, and thereupon such property shall vest in and come under the control of the Panchayat Samiti.
131. Acquisition of land for Panchayat Samiti. – Where a Panchayat Samiti 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 Collector for the acquisition of the land, who 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 Panchayat Samiti.
132. Panchayat Samiti Fund. – (1) For every Panchayat Samiti there shall be constituted a Panchayat Samiti Fund bearing the name of thePanchayat Samiti 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 the land revenue collected in the State as may be determined by the State Government;
(b) contributions and grants, if any, made by the Zilla Parishad [or Mahakuma Parishad or Council] or any other local authority;
(c) loans, if any, granted by the Central or the State Government or raised by the Panchayat Samiti on security of its assets;
(d) all receipts on account of tolls, rates and fees levied by it;
(e) 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 Panchayat Samiti;
(f) all sums received as gift or contribution and all income from any trust or endowment made in favour of the Panchayat Samiti;
(g) 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
(h) all other sums received by or on behalf of the Panchayat Samiti.
[Explanation. – A Panchayat Samiti shall not receive to the credit of its fund –
(a) any loan from any individual, severally or jointly, or any member or office bearer of the Panchayat Samiti, or
(b) any gift or contribution from any individual, severally or jointly, or any member or office bearer of the Panchayat Samiti save and except in pursuance of a resolution adopted in a meeting of the Panchayat Samiti accepting such gift or contribution and stating the purpose for which such gift or contribution is offered and accepted.]
(2) Every Panchayat Samiti 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.
(3) Every Panchayat Samiti shall have power to spend such sums as it thinks fit for carrying out the purposes of this Act.
(4) The Panchayat Samiti Fund shall be vested in the Panchayat Samiti and the balance to the credit of the Fund shall be kept in such custody as the State Government may, from time to time, direct.
(5) Subject to such general control as the Panchayat Samiti may exercise from time to time, all orders and cheques for payments from thePanchayat Samiti Fund [shall be signed by the Executive Officer, or if authorised by the Executive Officer, by the Joint Executive Officer, subject to such order as may be issued by the State Government in this behalf.]
133. Levy of tolls, rates and fees. – (1) Subject to such maximum rates as the State Government may prescribe, a Panchayat Samiti 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 a 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 the following fees and rates, namely:-
(i) fees on the registration of vehicles;
(ii) a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and melas within its jurisdiction as may be specified by the State Government by notification;
(iii) a fee for licence referred to in sub-section (2) of section 116;
(iv) a fee for licence for a hat or market referred to in section 117;
(v) a water rate, where arrangement for the supply no water for drinking, irrigation or any other purpose is made by the Panchayat Samitiwithin its jurisdiction;
(vi) a lighting rate, where arrangement for lighting of public streets and places is made by the Panchayat Samiti within its jurisdiction.
(2) The Panchayat Samiti shall not undertake registration of a vehicle or levy fee therefor and shall not provide sanitary arrangements at places of worship or pilgrimage, fairs and melas within its jurisdiction or levy fee therefor if any 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.
134. Scales of tolls, etc. to be provided by bye-laws. – (1) The scales of tolls, fees or rates and the terms and conditions for the imposition thereof shall be such as may be provided by bye-laws.
(2) Such bye-laws may provide for exemption from all or any of the tolls, fees or rates in any class of cases.
135. Panchayat Samiti may raise loans and create sinking fund. – A Panchayat Samiti 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 State Government, loans for the purposes of this Act and create a sinking fund for the repayment of such loans.
[135A. Panchayat Samiti may borrow money. – Notwithstanding anything contained in section 135, a Panchayat Samiti may borrow money from the State Government or [* * * * *] from banks or other financial institutions, for furtherance of its objective on the basis of specific schemes as may be drawn up by the Panchayat Samiti for the purpose.]
136. Budget of the Panchayat Samiti. – (1) Every Panchayat Samiti 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 [* * * * *].
[(2)(a) The budget prepared under sub-section (1) shall be written in English and in vernacular of the district or the locality concerned and copies of the budget in both the languages shall be pasted in such prominent places within the Block as may be prescribed, inviting objections and suggestions from the electors of the Panchayat Samiti.
(b) Copies of the budget shall be forwarded to the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be, having jurisdiction over the area of the Block for views, if any.
(c) The Panchayat Samiti shall, within such time as may be prescribed and in a meeting specially convened for the purpose and in the presence of at least half of the existing members, consider the objections, suggestions and views, if any, and approve the budget with modifications, if any.
(d) A copy of the budget approved under clause (c) shall be forwarded to the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be, having jurisdiction.]
137. Expenditure. – No expenditure shall be incurred unless the budget is approved [under clause (c) of sub-section (2) of section 136.]
138. Supplementary Budget. – [(1) The Panchayat Samiti may prepare in each year a supplementary estimate providing for any modification of its budget and [may approve it in a meeting specially convened for the purpose and in the presence of at least half of the existing members] within such time and in such manner as may be prescribed.]
[(2) A copy of the supplementary estimate as approved under sub-section (1) shall be forwarded to the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be, having jurisdiction.]
139. Accounts. – A Panchayat Samiti shall keep such accounts and in such form as may be prescribed
