CHAPTER XVII
Property and Fund
175. Power to acquire, hold and dispose of property. – 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 State Government.
176. Works constructed by a Zilla Parishad to vest in it. – All roads, buildings or other works constructed by a Zilla Parishad with its own funds shall vest in it.
177. Allocation of properties to Zilla Parishad. – The State Government may allocate to a Zilla Parishad any public property situated within its jurisdiction, and thereupon, such property shall vest in and come under the control of the Zilla Parishad.
178. Acquisition of land for Zilla Parishad. – 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 Collector for the acquisition of the land and the Collector 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.
179. 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 State Government;
(b) contributions and grants, if any, made by a Panchayat Samiti 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 the 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;
(i) money, if any, lying to the credit of the district Chowkidari reward fund constituted under section 25 of the Bengal Village Self-Government Act, 1919, the control over which rests with the District Magistrate, shall be credited by the District Magistrate to the Zilla Parishad Fund;
(j) all other sums received by or on behalf of the Zilla Parishad.
[Explanation. – A Zilla Parishad 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 Zilla Parishad, and
(b) any gift or contribution from any individual, severally or jointly, or any member or officer bearer of the Zilla Parishad save and except, in pursuance of a resolution adopted in a meeting of the Zilla Parishad accepting such gift or contribution and stating the purpose for which such gift or contribution is offered and accepted.]
(2) Every Zilla Parishad shall-
(i) 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 and to the Executive Officer [the Additional Executive Officer and the Secretary or the Deputy Secretary;]
(ii) allocate the money received under clause (i) of sub-section (1) among the Gram Panchayats of the district concerned.
(3) Every Zilla Parishad shall have the power to spend such sums as it thinks fit for carrying out the purposes 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 State Government may, from time to time, direct.
(5) Subject to such general control as the Zilla Parishad may exercise, from the time to time, all orders and cheques for payment from the Zilla Parishad Fund shall be [signed by the Executive Officer, or if authorised by the Executive Officer] [by the Additional Executive Officer, the Secretary, the Deputy Secretary or the Financial Controller and the Chief Accounts Officer)].
180. Proceeds of road cess and public works cess to be credited to the Zilla Parishad Fund. – Notwithstanding anything to the contrary in the Cess Act, 1880, the proceeds of road cess and public works cess, if any, levied and realised in a district shall be credited to the Zilla ParishadFund after payment of the expenses mentioned in section 109 of the said Act.
181. Levy of tolls, fees and rates. – (1) Subject to such maximum rates as the State Government may 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 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 votes, namely:-
(i) fees on the registration of boats or 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 section 162;
(iv) a water-rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Zilla Parishadwithin its jurisdiction;
(v) a lighting rate, where arrangement for lighting of public streets and places is made by the Zilla Parishad within its jurisdiction.
(2) The Zilla Parishad shall not undertake registration of any vehicle or levy fee therefor and shall not provide sanitary arrangements at places of worship or pilgrimage, fairs and meals within its jurisdiction or levy fee therefor 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 bye-laws. Such bye-laws may provide for exemption from all or any of the tolls, fees or rates in any class of cases.
182. Zilla Parishad may raise loans and create a sinking fund. – 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 State Government, loans for the purposes of this Act and create a sinking fund for the repayment of such loans.
[182A. Zilla Parishad may borrow money. – Notwithstanding anything contained in section 182, a Zilla Parishad 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 Zilla Parishad for the purpose.]
183. Budget of the Zilla Parishad. – (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 [* * * *].
[(2)(a) The budget prepared under sub-section (1) shall be written in English and in vernacular of the district and copies of the budget in both the languages shall be posted in such prominent places within the district as may be prescribed, inviting objections and suggestions from the electors of the Zilla Parishad.
(b) Copies of the budget shall be forwarded to the State Government for views, if any.
(c) The Zilla Parishad 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 State Government.]
(3) No expenditure shall be incurred unless the budget is approved [under clause (c) of sub-section (2). ]
184. Supplementary budget. – [(1) The Zilla Parishad 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 State Government.]
185. Accounts. – A Zilla Parishad shall keep such accounts and in such manner as may be prescribed.
