Power to make regulations as to conduct of business etc.

§238

Summary

238. (1) A 1[Zila Panchayat] may, by special resolution, make regulations consistent with this Act and with any rule, and with any regulation make by the State Government under sub-section (2) as to all or any of the following matters ; (a) the time and place of its meetings ; (b) the manner of convening meetings, and of giving notice thereof ; (c) the conduct of proceedings, including the asking of questions by members at meetings, and the adjournment of meetings ; (d) the establishment of committees other than advisory committees, for any purpose, and the determination of all matters relating to the constitution and procedure of such committees : - (e) the delegation of powers, duties or functions to - (i) Adhyaksha of the 1[Zila Panchayat] or Pramukh of 1[Kshettra Panchayat] ; (ii) a committee constituted under clause (d) ; (iii) a chairman of such committee ; (iv) the Mukhya Adhikari or any other servant of the 1[Zila Panchayat] ; (f) the absentee or other allowances of the servants employed by a 1[Zila Panchayat] including the servants placed at the disposal of the 1[Kshettra Panchayat] ; (g) the amount and nature of the security to be furnished by a servant of a 1[Zila Panchayat] including a servant placed at the disposal of any 1[Kshettra Panchayat] from whom it is deemed expedient to require security ; (h) the grant of levy to servants of a 1[Zila Panchayat], and the remuneration to be paid to the persons, if any, appointed to act for them whilst on leave ; (i) the conditions of service, including period of service of all servants of a 1[Zila Panchayat] including servants placed at the disposal of any 1[Kshettra Panchayat] and the conditions under which such servants, or any of them, shall receive gratuities, annuities or compassionate allowances on retirement or on their becoming disable thought the execution of their duty, and the amount of such gratuities, annuities or compassionate allowances ; and the conditions under which any gratuities, annuities or compassionate allowances may be paid to the surviving relatives of any such servants whose death has been caused through the execution of their duty ; (j) the payment of contributions, at such rates and subject to such conditions, as may prescribed in such regulations, to a pension or provident fund established by the 1[Zila Panchayat], or with the approval of the 1[Zila Panchayat] by the said servants ; (k) principles and manners of recruitment in respect of the servants of the 1[Zila Panchayat] including servants placed at the disposal of any 1[Kshettra Panchayat] ; (l) procedure to be followed in making papers available to the Vitta Adhikari for audit and the action to be taken upon observations made by him ; (m) procedure to be followed in filling casual vacancies of officers and servants ; (n) manner in which the functions transferred to the 1[Zila Panchayat] under sub-section (2) of section 31 shall be performed ; Provided that the regulations framed in the foregoing clause shall be in conformity with any general or special orders or instructions issued by the State Government ; (o) the conditions subject to which sums due to a 1[Zila Panchayat] or a 1[Kshettra Panchayat] may be written off as irrecoverable, and the conditions subject to which the whole or any part of a fee chargeable for distress, may be remitted ; (p) all matters similar to those set forth in clauses (e) to (o) or in respect of which power to make regulations is conferred expressly or by implication in this Act and not otherwise provided for in this subsection; and (q) all matters similar to those set forth in clauses (a) to (d) and not otherwise provided for in this sub-section. (2) The State Government may, if it thinks fit, make regulations consistent with this Act in respect of any of the matters specified in clauses (e) to (m) and (o) to (q) of sub-section (1) ; and any regulation so made shall have the effect of rescinding any regulation made by the 1[Zila Panchayat] under the said sub-section in respect of the same matter or inconsistent therewith.

238. (1) A 1[Zila Panchayat] may, by special resolution, make regulations consistent with this Act and with any rule, and with any regulation make by the State Government under sub-section (2) as to all or any of the following matters ; (a) the time and place of its meetings ; (b) the manner of convening meetings, and of giving notice thereof ; (c) the conduct of proceedings, including the asking of questions by members at meetings, and the adjournment of meetings ; (d) the establishment of committees other than advisory committees, for any purpose, and the determination of all matters relating to the constitution and procedure of such committees : - (e) the delegation of powers, duties or functions to - (i) Adhyaksha of the 1[Zila Panchayat] or Pramukh of 1[Kshettra Panchayat] ; (ii) a committee constituted under clause (d) ; (iii) a chairman of such committee ; (iv) the Mukhya Adhikari or any other servant of the 1[Zila Panchayat] ; (f) the absentee or other allowances of the servants employed by a 1[Zila Panchayat] including the servants placed at the disposal of the 1[Kshettra Panchayat] ; (g) the amount and nature of the security to be furnished by a servant of a 1[Zila Panchayat] including a servant placed at the disposal of any 1[Kshettra Panchayat] from whom it is deemed expedient to require security ; (h) the grant of levy to servants of a 1[Zila Panchayat], and the remuneration to be paid to the persons, if any, appointed to act for them whilst on leave ; (i) the conditions of service, including period of service of all servants of a 1[Zila Panchayat] including servants placed at the disposal of any 1[Kshettra Panchayat] and the conditions under which such servants, or any of them, shall receive gratuities, annuities or compassionate allowances on retirement or on their becoming disable thought the execution of their duty, and the amount of such gratuities, annuities or compassionate allowances ; and the conditions under which any gratuities, annuities or compassionate allowances may be paid to the surviving relatives of any such servants whose death has been caused through the execution of their duty ; (j) the payment of contributions, at such rates and subject to such conditions, as may prescribed in such regulations, to a pension or provident fund established by the 1[Zila Panchayat], or with the approval of the 1[Zila Panchayat] by the said servants ; (k) principles and manners of recruitment in respect of the servants of the 1[Zila Panchayat] including servants placed at the disposal of any 1[Kshettra Panchayat] ; (l) procedure to be followed in making papers available to the Vitta Adhikari for audit and the action to be taken upon observations made by him ; (m) procedure to be followed in filling casual vacancies of officers and servants ; (n) manner in which the functions transferred to the 1[Zila Panchayat] under sub-section (2) of section 31 shall be performed ; Provided that the regulations framed in the foregoing clause shall be in conformity with any general or special orders or instructions issued by the State Government ; (o) the conditions subject to which sums due to a 1[Zila Panchayat] or a 1[Kshettra Panchayat] may be written off as irrecoverable, and the conditions subject to which the whole or any part of a fee chargeable for distress, may be remitted ; (p) all matters similar to those set forth in clauses (e) to (o) or in respect of which power to make regulations is conferred expressly or by implication in this Act and not otherwise provided for in this subsection; and (q) all matters similar to those set forth in clauses (a) to (d) and not otherwise provided for in this sub-section. (2) The State Government may, if it thinks fit, make regulations consistent with this Act in respect of any of the matters specified in clauses (e) to (m) and (o) to (q) of sub-section (1) ; and any regulation so made shall have the effect of rescinding any regulation made by the 1[Zila Panchayat] under the said sub-section in respect of the same matter or inconsistent therewith.

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