Section 222
The Adhyaksha, the Mukhya Adhikari and, if authorized in this behalf by resolution any other member, officer or servant of the 1 [Zila Panchayat] and similarly the Pramukh, the Khand Vikas Adhikari or any other officer of the 1 [Kshettra Panchayat] authorized in this behalf by the Khand Vikas Adhikari may enter into or upon a building or land with or without assistants or workmen, in order to make an inspection or survey or to execute a work which the 1 [Zila Panchayat] or, as the case may be, the 1 [Kshettra Panchayat] is authorized by this Act or by rules or bye-laws, to make or execute, or which it is necessary for the 1 [Zila Panchayat] or the 1 [Kshettra Panchayat] for any of the purposes or in pursuance of the provisions of this Act or of rules or bye-laws, to make or execute :
222. The Adhyaksha, the Mukhya Adhikari and, if authorized in this behalf by resolution any other member, officer or servant of the 1 [Zila Panchayat] and similarly the Pramukh, the Khand Vikas Adhikari or any other officer of the 1 [Kshettra Panchayat] authorized in this behalf by the Khand Vikas Adhikari may enter into or upon a building or land with or without assistants or workmen, in order to make an inspection or survey or to execute a work which the 1 [Zila Panchayat] or, as the case may be, the 1 [Kshettra Panchayat] is authorized by this Act or by rules or bye-laws, to make or execute, or which it is necessary for the 1 [Zila Panchayat] or the 1 [Kshettra Panchayat] for any of the purposes or in pursuance of the provisions of this Act or of rules or bye-laws, to make or execute :
Provided that —
(a) except when it is in this Act or in rules or bye-laws otherwise expressly provided, no entry shall be made between sunset and sunrise, and
(b) except when it is in this Act or in rules or bye-laws otherwise expressly provided, no building which is used as a human dwelling shall be so entered, except with the consent of the occupier thereof, without giving the said occupier not less than four hour's previous written notice of the intention to make such entry, and
(c) sufficient notice shall in every instance be given even when any premises may otherwise be entered without notice to enable the inmates of an apartment appropriated for females to remove to some part of the premises where their privacy need not be disturbed, and
(d) due regard shall always be had to the social and religious usages of the occupants of the premises entered.
Power of inspection
Power for effecting entry
Penalty for obstructing persons employed by 1 [Zila Panchayat] or 1 [Kshettra Panchayat]
Powers of inspections, etc. of prescribed authority or District Magistrate over 1 [Zila Panchayat]
It shall be lawful for a person authorized under the provisions of section 222 to make an entry for the purpose of inspection, or of search, to open or, cause to be opened a door, gate or other barrier —
(a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search, and
(b) if the owner or occupier is absent, or being present, refuses to open such door, gate, or barrier.
Obstruction to persons employed by 1 [Zila Panchayat] or 1 [Kshettra Panchayat]
Whoever obstructs or molests a person employed by, or under contract with, the 1[Zila Panchayat] or a 1 [Kshettra Panchayat] under contract, or removes a mark set up for the purpose of indicating any levels or direction necessary to the execution of works authorized by this Act, shall be liable to conviction to imprisonment upto to three months or fine up to five hundred rupees or both.
CHAPTER — 10
EXTERNAL CONTROL
(1) The prescribed authority or the District Magistrate may, with the limits of its or his jurisdiction or district, as the case may be —
(a) inspect, or cause to be inspected, any movable property used or occupied by a 1 [Zila Panchayat] or any committee or joint committee thereof, or any work in progress under the direction of any of them ;
(b) by order in writing call for and inspect a book or documents in the possession or under the control of a 1 [Zila Panchayat] or any committee or joint committee thereof ;
(c) by order in writing require a 1 [Zila Panchayat], or any committee or joint committee thereof to furnish such statements, accounts, reports (including monthly reports of progress) or copies of documents, relating to its proceedings or duties as he thinks fit to call for ; and
(d) record in writing, for the consideration of 1 [Zila Panchayat], or any committee or joint committee thereof any observations he thinks proper in regard to its proceedings or duties.
Every officer appointed by the State Government in this behalf may, within the limits of his jurisdiction, exercise, the powers conferred upon the prescribed authority or district magistrate by sub-section (1) in respect of any matter affecting his department and may
inspect or cause to be inspected, the administration of a 1 [Zila Panchayat] in respect of such matters.
Certain other powers and duties of District Magistrates
Inspection of works and institutions by Government officers
Powers of prescribed authority to suspended action under the Act
(1) The District Magistrate may, from time to time, call after reasonable notice, a meeting of himself, the Adhyaksha and the Mukhya Adhikari and if considered necessary also the Vitta Adhikari, to discuss matters relating to expenditure from the budget grant of the 1 [Zila Panchayat] relating to planning and development.
The District Magistrate shall furnish quarterly report to the State Government about the progress of development work.
A work, or institution, constructed or maintained in whole or part, at the expense of a 1 [Zila Panchayat], and all registers, books, accounts or documents relating thereto shall at all times be opened to inspection by such officers as the State Government appoints in this behalf.
(1) The prescribed authority may, within the limits of its jurisdiction by order in writing, prohibit the execution or further execution of are solution or order passed or made under this or any other enactment by a 1 [Zila Panchayat], or committee of a 1 [Zila Panchayat], or a joint committee, or servant of a 1 [Zila Panchayat] or a committee, if in its opinion such resolution or order is patently illegal or ultra vires or inconsistent with any order or direction given by the State Government under this Act or is of a nature to cause or tend to cause obstruction, annoyance or injury to the public or to any class or body or persons lawfully employed, or danger to human life, health or safety, or a riot or affray and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order.
Where an order is made under sub-section (1) a copy thereof, with a statement of the reasons for making it, shall forthwith be forwarded by the prescribed authority to the State Government which may, after calling for an explanation from the 1 [Zila Panchayat] and considering the explanation, if any, made by it, rescind, modify or confirm the order.
Where the execution or further execution of a resolution or order is prohibited by an order made under sub-section (1) and continuing in force, it shall be the duty of the 1 [Zila Panchayat] or the committee of the 1[Zila Panchayat] or the joint committee or any officer or servant of the 1[Zila Panchayat] or of the committee of the 1 [Zila Panchayat] or of the joint Committee, if so required by the authority making the order under the said sub-section, to take any action which it would have been entitled to take, if the resolution or order had never been made or passed, and which is necessary for preventing any person from doing or continuing to do anything under cover of the resolution or order of which the further execution is prohibited.
Extraordinary powers of District Magistrate in case of emergency
Powers of State Government is case of default of 1 "Zila Panchayat"
Removal of members