Establishment of the Zilla Parishad

CHAPTER XV
Establishment of the Zilla Parishad

166. Staff of the Zilla Parishad. – (1) There shall be an Executive Officer for a Zilla Parishad appointed by the State Government on such terms and conditions as may be prescribed:
Provided that any person so appointed shall be recalled by the State Government if a resolution to that effect is passed by the Zilla Parishad, at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being.
[(1A) The State Government may appoint an Additional Executive Officer for a Zilla Parishad on such terms and conditions as may be prescribed:
Provided that any person so appointed shall be recalled by the State Government if a resolution to that effect is passed by the Zilla Parishad, at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being.]
[(1B) The Additional Executive Officer shall, subject to the provisions of this Act, exercise such powers, perform such functions, and discharge such duties, of the Executive Officer as the State Government may, from time to time, direct.]
[(2) The State Government may appoint a Secretary for a Zilla Parishad on such terms and conditions as may be prescribed.]
[Subject to such rules as may be made by the State Government, a Zilla Parishad may appoint such other officers and employees as may be required by it and may fix the salaries to be paid to the persons so appointed:]
Provided that no post shall be created or abolished and no revision of the scale of pay of any post shall be made by the Zilla Parishad without the prior approval of the State Government:
[Provided further that subject to the decision of the Zilla Parishad, the orders relating to appointment and other service matters concerning any post under the Zilla Parishad shall be issued by or on behalf of the Executive Officer].
[(4) The State Government shall make rules relating to the method of recruitment and the terms and conditions of service including the pay and allowances, superannuation, provident fund and gratuity of the employees of the Zilla Parishad].
167. Placing the services of State Government officers at the disposal of the Zilla Parishad. – The State Government may place at the disposal of the Zilla Parishad the services of such officers or other employees serving under it [and on such terms and conditions] as it may think fit:
Provided that any such officer or employee shall be recalled by the State Government if a resolution to that effect is passed by the Zilla Parishad, at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being:
Provided further that the State Government shall have disciplinary control over such officers and employees.
168. Control and punishment of the Staff of the Zilla Parishad. – (1) The Executive Officer shall exercise general control over all officers and other employees of the Zilla Parishad.
(2) The Executive Officer may award any punishment other than dismissal, removal or reduction in rank to an officer or employee [of a Zilla Parishad].
(3) The Executive Officer may recommend the dismissal, removal or reduction in rank of an officer or employee [of a Zilla Parishad] to the [Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti and such Samiti shall forward the case to the Zilla Parishad with its own recommendation. TheZilla Parishad may, if it is satisfied with such recommendation of the [Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti, dismiss, remove or reduce in rank any such officer or employee.
(4) No officer or other employee [of a Zilla Parishad] shall be punished by the Zilla Parishad except by a resolution of the Zilla Parishad passed at a meeting.
169. Appeal. – (1) An appeal shall lie to the Zilla Parishad against an order of punishment awarded by the Executive Officer under sub-section (2) of section 168 within one month from the date of that order.
(2) An appeal shall lie to the State Government against an order of punishment awarded by the Zilla Parishad under sub-section (3) or (4) of section 168 within one month from the date of that order.
170. Exercise of powers, etc., by the officers and employees. – Subject to the provisions of this Act and the rules framed thereunder and to any general or special directions given by the State Government in that behalf, the officers and other employees employed by the Zilla Parishad and the officers and other employees whose services have been placed at the disposal of the Zilla Parishad, shall exercise such powers, perform such functions and discharge such duties as the Zilla Parishad may determine.

CHAPTER XVI

Sthayee Samitis of the Zilla Parishad

171. Sthayee Samiti. – (1) A Zilla Parishad shall have the following Sthayee Samitis, namely:-
(i) [Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti;
(ii) [Janasasthay O Paribesh] Sthayee Samiti;
(iii) Purta Karya [O Paribahan] Sthayee Samiti;
(iv) Krishi Sech O Samabaya Sthayee Samiti;
(v) [Shiksha, Sanskriti, Tathya O Krira] Sthayee Samiti;
(vi) [Sishu O Nari Unnayan, Janakalyan O Tran] Sthayee Samiti;
[(via) Bon O Bhumi Sanskar Sthayee Samiti];
[(vib) Matsya O Prani Sampad Bikash Sthayee Samiti];
[(vic) Khadya O Sarbaraha Sthayee Samiti];
[(vid)] [Khudra Shilpa, Bidyut O Achiracharit Shakti]Sthayee Samiti;
(vii) such other Samiti or Samitis as the Zilla Parishad may, subject to the approval of the State Government, constitute.
(2) A Sthayee Samiti shall consist of the following members, namely:-
(a) the Sabhadhipati [and Sahakari Sabhadhipati], ex officio;
(b) [without prejudice to the provisions in clause (ba),] not less than three and not more than five persons to be elected in the prescribed manner by the members of the Zilla Parishad from among themselves;
[(ba) in Artha Sansthd Unnayan O Parikalpana Sthayee Samiti, Karmadhyakshas elected in other Sthayee Samitis as referred to in sub-section (1), shall be members ex officio and no member shall be elected in the manner referred to in clause (b):]
[(bb) Leader of the recognized political party in opposition having largest number of members in the Zilla Parishad in comparison with other recognized political parties in opposition, shall be a member of the Artha, Sanstha, Unnayan O Parikalpana Sthayee Samiti];
[(bc) one member from each recognized political party in opposition shall be a member of the Sthayee Samiti other than] [the Artha Sanstha Unnayan O Parikalpana Sthayee Samiti, if no member in opposition is elected in a Sthayee Samiti referred to in clause (b):]
Provided that the members selected from the recognized political party having larger number of members in the Zilla Parishad shall be the member of the Sthayee Samiti placed higher in the consecutive order in sub-section (1):
Provided further that if the number of recognized [political] parties in opposition is less than the number of Sthayee Samitis, the independent candidates in opposition in Zilla Parishad shall be members of the Sthayee Samitis for which no member of the recognized political parties are available and the member senior in age shall be placed as member in the Sthayee Samiti placed higher in the order of sub-section (1):
Provided also that if the member of recognized political parties added with number of independent members falls short of the number of Sthayee Samitis, one additional member from each such political party in opposition in the Zilla Parishad, shall be chosen for membership in the Sthayee Samitis where no member in terms of this clause has been provided and the same sequential order shall be followed for placement of a member in a Sthayee Samiti and such process shall be repeated until all Sthayee Samitis have one member under this clause :
Provided also that a member in opposition may be a member of more than two Sthayee Samitis if in a term of general election, not more than four members in opposition, either representing a recognized political party or independent, are elected in the Zilla Parishad :
Provided also that the members of the recognized political party shall jointly decide and intimate the Executive Officer of the Zilla Parishad by a letter under signature of all such members, the name of the member or members who shall represent the party as member of the Sthayee Samitiand in case of an independent member the Executive Officer shall determine the membership in each Sthayee Samiti:
Provided also that the Executive Officer shall place the entire matter of membership under this clause in a meeting of the Zilla Parishad as early as possible in the next meeting.
[Explanation. – For the purpose of this clause, a member of the Zilla Parishad shall be considered a member in opposition if in the election of theSabhadhipati under section 143, he did not cast his vote in favour of the winning candidate or has abstained himself from casting his vote in the said election;]
[(c) such number of persons being officers of the State Government or of any statutory body or corporation or being eminent persons having specialised knowledge as the State Government may think fit, appointed by the State Government:]
[(3) No person, other than the Sabhadhipati or the Sahakari Sabhadhipati, shall be a member of more than two Sthayee Samitis other than the Artha Sanstha Unnayan O Parikalpana Sthayee Samit.]
(4) An elected member of a Sthayee Samiti shall hold office for a period of [five years] or for so long as he continues to be a member of the Zilla Parishad, whichever is earlier.
(5) The meeting of the Sthayee Samiti shall be held [in the office of the Zilla Parishad] at such time and in such manner as may be prescribed.
(6) A Sthayee Samiti shall exercise such powers, perform such functions and discharge such duties as may be prescribed or as may be assigned to it by the Zilla Parishad.
(7) The State Government may make rules providing for the removal of members of a Sthayee Samiti including the Karmadhyaksha and for filling up of casual vacancy.
172. Karmadhyaksha and Secretary. – (1) The members of a Sthayee Samiti shall elect, in such manner as may be prescribed, a Chairman, to be called Karmadhyaksha, from among themselves:
Provided that the members referred to in [clauses (i), (iii) and (iv) of sub-section (2) of section 140 shall not be eligible for such election:]
Provided further that the Sabhadhipati shall be the ex officio Karmadhyaksha of the [Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti:
[Provided also that subject to such rules as may be made in this behalf by the State Government, a member shall not be eligible for such election unless he declares in writing that on being elected, he shall be a wholetime functionary of his office and that during the period for which he holds or is due to hold such office, he shall not hold any office of profit unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his powers, due performance of his functions or due discharge of his duties].
[Provided also that after being elected to an office of a full time office bearer, he shall be allowed lien or leave of absence from the place of his employment for his full tenure in such office with effect from the date of his joining to such office by the Department or authority or undertaking or aided institution of the State Government under which he holds his office of profit:]
[* * * * * * *]
(3) The Secretary of the Zilla Parishad shall act as Secretary [to the Artha, Sanstha Unnayan O Parikalpana Sthayee Samiti]:
[Provided that the members referred to in clauses] [(a), (b), (ba), (bb) and (bc)] of sub-section (2) of section 171 of a Sthayee Samiti may select, in such manner [as may be determined by the Sthayee Samiti in conformity with such direction as may be issued, by one or more orders, general or special, of the State Government] one of the members referred to in clause (c) of that sub-section to act as the Secretary to such Sthayee Samiti:
[Provided further that pending the selection of Secretary to a Sthayee Samiti under this clause or during any casual vacancy, in the post of the Secretary to a Sthayee Samiti, the Secretary of the Zilla Parishad shall act as Secretary to such Sthayee Samiti].
[(4) The Secretary to each Sthayee Samiti shall, in consultation with the Karmadhyaksha, convene the meeting of that Sthayee Samity].
[(5) Notwithstanding anything contained in section 165 or elsewhere in this Act, the Karmadhyaksha shall –
(a) be responsible for the financial and executive administration in respect of the schemes and programmes [under the purview and control of the Sthayee Samiti within the budgetary provisions of the Zilla Parishad;]
(b) be entitled, in respect of the work of the Sthayee Samiti, to call for any information, return, statement, account or report from the office of theZilla Parishad and to enter on and inspect any immovable property of the Zilla Parishad or to inspect any work in progress and connected with the functions and duties of the Sthayee Samiti;
(c) be entitled, when authorised by the Sthyaee Samiti, to require the attendance at its meeting of any officer of the Zilla Parishad;
(d) exercise such other powers, perform such other functions and discharge such other duties, as the Zilla Parishad may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.]
[(6) The Karmadhyaksha shall be paid out of the Zilla Parishad fund such remuneration and allowances, and shall be entitled to leave of absence for such period or periods and on such terms and conditions, as the State Government may by order direct or may by rules made in this behalf, prescribe.]
[(7) Notwithstanding anything to the contrary contained in this Act, the State Government may, by an order in writing, remove a Karmadhyakshafrom his office if, in its opinion, he holds any office of profit or carries on or is associated with any business, profession or calling in such manner that shall, or is likely to, interfere with due exercise of his powers, due performance of his functions or due discharge of his duties:]
Provided that the State Government shall, before making any such order, give the person concerned an opportunity of making representation against the proposed order.
173. Resignation. – The Karmadhyaksha or any other member of a Sthayee Samiti may resign his office by giving notice in writing to theSabhadhipati and on such resignation being accepted by the Zilla Parishad the Karmadhayaksha or such member shall be deemed to have vacated his office.
174. Casual vacancy. – When a vacancy occurs in the office of a Karmadhyaksha or a member of a Sthayee Samiti by resignation, death or otherwise, the members of the Sthyaee Samiti shall elect another Karmadhyaksha or [the members of the Zilla Parishad shall elect another]member, as the case may be, in the prescribed manner. The Karmadhyaksha or the member so elected shall hold office for the unexpired portion of the term of office of the person in whose place he becomes a member