[Act No. 26 of 1947] [27th
December, 1947] An
Act to establish and Develop Local Self-Government in the Rural Areas of the
U.P. Whereas
it is expedient to establish and develop Local Self-Government in the rural
areas of the Uttar Pradesh and to make better provision for village
administration and development. It
is hereby enacted as follows :- (i)
This Act may
be called the united provinces panchayat raj act, 1947.[1] (ii)
It shall
extend to the whole of Uttar Pradesh except the area which has been or may
hereafter be declared as, or included in, [2][a
city under the Uttar Pradehs] [3][Municipal
Corporation Act, 1959, or] a Municipality or Notified Area under the provisions
of the U.P. Municipalities Act, 1916, or as a Cantonment under the provisions
of the Cantonments Act, 1924, or as a [4][Nagar
Panchayat] under the provisions of he [5][U.P.
Town Areas Act, 1914]. [6][* * *] (iii)
It shall
come into force at once. In this Act,
unless there is anything repugnant in the subject or context. - (a)
Nyaya
Panchayat' means a Nyaya Panchayat established under section 42 and includes a
bench thereof; (b)
'Adult'
means a person who has attained the age of twenty-one years; [7][(bb)'backward classes' means the backward classes of citizens specified
inb Schedule 1 of the Uttar Pradesh Public Services (Reservation for Scheduled
Castes, Scheduled Tribes and other Backward Classes) Act, 1994 (4 of 1994)]; (c)
'Criminal
case' means a criminal proceeding in respect of an offence triable by a Nyaya
Panchayat [8][and
includes a proceedings under Section 53]; (d)
'Circle'
means the area within which a Nyaya Panchayat exercises jurisdiction under
Section 42; (e)
'Collector'
or 'District Magistrate' or 'Sub-divisional Magistrate' with reference to
a [9][Gram
Sabha], means the Collector, District Magistrate or Sub-divisional Magistrate
of the district or the sub-division, as the case may be, in which such [10][Gram
Sabha] is constituted; and shall respectively include Additional Collector,
Additional District Magistrate and Additional Sub-divisional Magistrate; [11][(ee) 'Electoral Registration Officer' means an officer designated or
nominated as such by the State Election Commission in consultation with the
State Government for preparing and revising the electoral rolls in a district' [12][(eee) 'Assistant Electoral Registration Officer' means a person
appointed as such by the Electoral Registration Officer for one or more
Panchayat areas". [13][(f) 'Zila Panchayat' shall have the meaning assigned to it under Clause
(11) of Section 2 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats
Adhiniyam, 1961; [14][(g) "Gram Sabha" means a body, established under Section 3,
consisting of persons registered in the electoral rolls relating to a village
comprised within the area of Gram Panchayat; [15][(h) 'Gram Panchayat' means the Gram Panchayat [16][constitute]
under Section 12; [17][(hh) 'Finance Commission' means the Finance Commission constituted
under Article 243-I of the Constitution' [18][(hhh) 'Kshettra Panchayat' shall have the meaning assigned to it under
Clause (6) of Section 2 of the Uttar Pradesh Kshettra Panchayats and Zila
Panchayats Adhiniyam, 1961]; (i) [* * *] Deleted by U.P. Act No. 17 of 1990. (j) 'Minority
Community' [omitted by Section 3 of U.P. Act II of 1955]; [19][(k) 'Munsif and Judicial Magistrate' with reference to Nyaya Panchayat,
means the Munsif or the Magistrate as the case may be, having local
jurisdiction in respect of civil or criminal cases respectively, in the circle
of such Nyaya Panchayat]; [20][(kk) 'State Election Commission' means the State Election Commission
referred to Article 243-K of the Constitution; [21][(kkk) 'Mukhya Nirvachan Adhikari (Panchayat)' means an Officer of the
State Government appointed, designated or nominated as such by the State
Election Commission in consultation with the State Government]; (l) 'Population' means the
population as ascertained at the last preceding census of which the relevant
figures has been published; (ll) 'Panchayat Area' means the
territorial area of a Gram Panchayat declared as such under sub-section (1) of
Section 11-F]; (m) [22][*
* *] (mm) 'Public Property' and 'Public land' means any public building, park
or garden or other place to which for the time being the public have or are
permitted to have access whether on payment or otherwise; (n) 'Public Servant' means public servant as
defined in Section 21 of the Indian Penal Code, 1860; (o) 'Public Street' means any
road, street, bridge, lane, square, court, alley or passage which the public
has right to pass along and includes on either side the drains or gutters and
the land up to the defined boundaries of any abutting property, notwithstanding
any projection over such land or any verandah or other superstructure but does
not include any such road, street, bridge, lane, square, court, alley or
passage owned, maintained or repaired by the State Government or any other
local authority; (p) 'Prescribed' means prescribed
by this Act or rules made thereunder; [23][(q) 'Prescribed authority' means - (i)
for the
purposes of the provisions of this Act mentioned in Schedule III of the [Uttar
Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961], the Zila
Parishad or the Kshettra Samiti, as may be specified in column 3 of that
Schedule; and (ii)
in respect
of any other provisions of this Act, the authority notified as such by the
State Government whether generally or for any particular purpose; (r) [Omitted by Act II of 1955]; (s) 'Civil Suit' means a civil suit triable by a
Nyaya Panchayat; [24][(ss) 'Sub-divisional officer' includes an Additional Sub-divisional
Officer designated or appointed as such by the appropriate authority]; (t) 'Village' means any local
area, recorded as a village in the revenue records of the district in which it
is situate, and includes any area which the State Government may, by general or
special order, declare to be a village for the purposes of this Act; (u) [Omitted by Act II of 1955]; (v) [Omitted by Act II of 1955]; (w) [25][*
* *] [26][(x) 'Bhumi Prabandhak Samiti' means a Bhumi Prabandhak Samiti
established or deemed to be established under Section 28-A]. The State
Government shall, by notification in the official Gazette, establish a Gram
Sabha for a village or group of villages by such name as may be specified; Provided
that where a Gram Sabha is established for a group of villages, the name of the
village having the largest population shall be specified as the name of the
Gram Sabha.][27] [28][* * *] [29][* * *] [30][CHAPTER II A DISQUALIFICATIONS
OF MEMBERS OF GRAM PANCHATAT AND ELECTORAL ROLLS, ETC. A personal
shall be deisqualified for being chosen as, and for being, [31][the
Pradhan or] a member of a Gram Panchayat, if he - (a)
is so
disqualified by or under any law for the time being in force for the purposes
of elections of the State Legislature; Provided
that no person shall be disqualified on the ground that he is less than
twenty-five years age, if he has attained the age of twenty-one years; (b)
is a
salaried servant of the Gram Panchayat or a Nyaya Panchayat; (c)
holds any
office of profit under a State Government or the Central Government or a [32][local
authority, other than a Gram Panchayat or Nyaya Panchayat; or a Board, Body or
Corporation owned or controlled by a State Government or the Central
Government;] (d)
has been
dismissed from the service of State Government, the Central Government or a
local authority or a Nyaya Panchayat for misconduct; (e)
is in
arrears of any tax, fee, rate or any other dues payable by him to the Gram
Panchayat, Kshettra Panchayat or Zila Panchayat for such period as may be
prescribed, or has, in spite of being required to do so by the Gram Panchayat,
Kshettra Panchayat or Zila Panchayat failed to deliver to it any record or
property belonging to it which had come into his possession by virtue of his
holding any office under it; (f)
[33][is an undischarged involvement; (g)
has been
convicted of an offence involving moral turpitude; (h)
has been
sentenced to imprisonment for a term exceeding three months for contravention
for any order made under the Essential Commodities Act, 1955; (i)
has been
sentenced to imprisonment for a term exceeding six months or to transportation
for contravention of any order made under the Essential Supplies (Temporary
Powers) Act, 1946 or the U.P. Control of Supplies (Temporary Powers) Act, 1947; (j)
has been
sentenced to imprisonment for a term exceeding three months under the U.P.
Excise Act, 1910; (k)
has been
convicted of an offence under the Narcotic Drugs and Psychotrapic Substances
Act, 1985; (l)
has been
convicted of an election offence; (m)
has been
convicted of an offence under the U.P. Removal of Social Disabilities Act, 1947
or the Protection of Civil Rights Act, 1955; or (n)
has been
removed from office under sub-clauses (iii) or (iv) of Clause (g) of
sub-section (1) of Section 95 unless such period, as has been provided in that
behalf in the said section or such lesser period as the State Government may
have ordered in any particular case, has elapsed; Provided
that the period of disqualification under Clauses (d), (f), (g), (h), (i), (j),
(k), (l) or (m) shall be five years from such date as may be prescribed. Provided
further that the disqualification under Clause (e) shall cease upon payment of
arrears or delivery of the record of property, as the case may be; Provided
also that a disqualification under any of the clauses referred to in the first
proviso may in the manner prescribed, be removed by the State Government.][34] [35][* * *] (1)
[36][member of Gram Panchayat] shall cease to be such member if the entry
relating to that member is deleted from the electoral [37][roll
for a territorial constituency of Gram Panchayat]. (2)
Where any
person ceases to be a member of a [38][Gram
Panchayat] under sub-section (1) he shall also cease to hold any office to
which he may have been elected, nominated or appointed by reason of his being a
member thereof. If any
question arises as to whether a person has become subject to any
disqualification mentioned in Section 5-A or in sub-section (1) of Section 6,
the question shall be referred to the prescribed authority for his decision and
his decision shall, subject to the result of any appeal as may be prescribed,
be final. [39][* * *] It the whole
of the area of Gram Panchayat is included in a city, municipality, cantonment,
notified area, or [40][Nagar
Panchayat] the [Gram Panchayat] shall cease, and its assets and liabilities
shall be disposed of in the manner prescribed. If a party of such area is so
included, its jurisdiction shall be reduced by that part. (1)
For each
territorial constituency of Gram Panchayat, and electoral roll shall be prepared,
in accordance with the provisions of this Act [41][and
the rules made thereunder] the superintendence, direction and control of the
State Election Commission. [42][(1-A) Subject to the Superintendence, direction and control of the
State Election Commission, the Mukhya Nirvachan Adhikari (Panchayat) shall
supervise and perform all functions relating to the preparation revision and
correction of the electoral rolls in the State in accordance with this Act and
the rules made thereunder. [43][(1-B) The preparation, revision and correction of the electoral rolls
shall be done by such persons, and in such manner, as may be prescribed]; (2)
The
electoral roll referred to in sub-section (1) shall be published in the
prescribed manner and upon its publication it shall, subject to any alteration,
addition or modification made in accordance with this Act and the rules made
thereunder be the electoral roll for that territorial constituency prepared in
accordance with the provisions of this Act. (3)
Subject to
the provisions of sub-section (4), (5) and (7) every person who has attained
the age of 18 years of the first day of January of the year in which the
electoral roll is prepared or revised and who is ordinary resident in the
territorial constituency of a Gram Panchayat shall be entitled to be registered
in the electoral roll for that territorial constituency. Explanation
- (i)
A person
shall be deemed to be ordinarily resident in the territorial constituency on
the found only that he owns, or is in possession of, a dwelling house therein. (ii)
A person
absenting himself temporarily from his place of ordinary residence shall not by
reason thereof cease to be ordinarily resident therein, (iii)
A member of
Parliament or of the Legislature of the State shall not, during the term of his
office, cease to be ordinarily resident in the territorial constituency merely
be reason of his absence from that area in connection with his duties as such
member. (iv)
Any other
factor that may be prescribed shall be taken into consideration for deciding as
to what persons may or may not be deemed to be ordinarily residents of a
particular area at any relevant time. (v)
If in any
case a question arises as to where a person is ordinarily resident at any
relevant time, the question shall be determined with reference to all the facts
of the case. (4)
A person
shall be disqualified for registration in an electoral roll, if he - (a)
is not a
citizen of Indian; or (b)
is of
unsound mind and stands so declared by a competent court; or (c)
is for the
time being disqualified from voting under provisions of any law relating to
corrupt practices and other offences in connection with elections. (5)
The name of
any person who becomes disqualified under sub-section (4) after registration
shall forthwith be struck off the electoral roll in which it is included; Provided
that the name of any person struck off the electoral roll by reason of any such
disqualification shall forthwith be reinstated in that roll, if such
disqualification is, during the period such roll is in force, removed under any
law authorizing such removal. (6)
No person
shall be entitled to be registered in the electoral roll for more than one
territorial constituency or more than once in the electoral roll for the same
territorial constituency. (7)
No person
shall be entitled to be registered in the electoral roll for any territorial
constituency if his name is entered in any electoral roll pertaining to any
city, municipality or cantonment unless he shows that his name has been struck
off such electoral roll. (8)
Where
the [44]["Electoral
Registration Officer or Assistant Electoral Registration Officer"] is
satisfied after making such inquiry as it may deem fit, whether on an
application made to it or on its own motion, that any entry in the electoral
roll should be corrected or deleted or that the name of any person entitled to
be registered should be added in the electoral roll, it shall subject to the
provisions of this Act and rules and orders made thereunder, correct, delete or
add the entry, as the case may be : Provided
that no such correction, deletion or addition shall be made after the last date
for making nominations for an election in the Gram Panchayat and before the
completion of that election; Provided
further that no deletion or correction of any entry in respect of any person
affecting his interest adversely shall be made without giving him reasonable
opportunity of being head in respect of the action proposed to be taken in
relation to him. (9)
The State
Election Commission may, if it thinks it necessary so to do for the purposes of
a general or by election, direct a special revision of the electoral roll for
any territorial constituency of a Gram Panchayat in such manner as it may think
fit; Provided
that subject to the other provisions of this Act, the electoral roll for
territorial constituency, as in force at the time of issue of any such
direction, shall continue to be in force until the completion of the special
revision so directed. (10)
[45][In so far as provision is not made by this Act or the rules, the State
Election Commission] may, by order, make provisions in respect of the following
matters concerning the electoral roll, namely,- (a)
the date on
which the electoral roll prepared under this Act shall come into force and its
period of operation; (b)
the
correction of any existing entry in the electoral roll on the application the
elector concerned; (c)
the
correction of clerical or printing errors in electoral roll; (d)
the
inclusion in the electoral roll of the name of person - (i)
whose name
is included in the Assembly electoral roll for the area relatable to the
territorial constituency but is not included in the electoral roll for that
territorial constituency or whose name has been wrongly included in the
electoral roll for some other territorial constituency, or (ii)
whose name
is not so included in the Assembly electoral roll but who is otherwise
qualified to be registered in the electoral roll for the territorial
constituency; (e)
the custody
and preservation the electoral roll; (f)
fees payable
on application for inclusion or exclusion of names; (g)
generally
all matters relating to the preparation and publication of the electoral roll. (11)
Notwithstanding
anything contained in the foregoing sub-section the State Election Commission
may, for the purposes of preparation of the electoral roll for a territorial
constituency adopt the electoral roll for the Assembly constituency prepared
under Representation of the People Act, 1950 for the time being in force so far
as it relates to the area of that territorial constituency; Provided
that the electoral roll for such territorial constituency shall not include any
amendment, alteration or correction made after the last date for making
nomination for the election of such constituency and before the completion of
such election. (12)
No Civil
Court shall have jurisdiction - (a)
to entertain
or adjudicate upon the question whether any person is or is not entitled to be
registered in an electoral roll for a territorial constituency; or (b)
to question
the legality of any action taken by or under the authority of the State
Election Commission [46][or
of any decision given by any authority or Officer appointed in this behalf] in
respect of preparation and publication of electoral rolls.][47] Except as
otherwise provided by or under this Act, every person whose name is for the
time being included in the electoral roll for a territorial consistency [48][of
a Gram Panchayat] shall be entitled to vote at any election and be eligible for
election, no nomination or appointment to any office in [49][that
Gram Panchayat or the concerned Nyaya Panchayat]; Provided
that a person who has not completed the age of twenty-one years shall not be
qualified to be elected as a member or office-bearer of the Gram Panchayat][50]. If, in
establishing a Gram Sabha or in the working of a Gram Panchayat, and any
dispute of difficulty arises regarding the interpretation of any provision of
this Act or any rule made thereunder or any matter arising out of or relating
to such interpretation or any matter not provided in this Act, the same shall
be referred to the State Government whose decision thereon shall be final and
conclusive. CHAPTER III [51][THE
GRAM SABHA : ITS MEETINGS AND FUNCTIONS (1)
Every Gram
Sabha shall hold two general meeting in each year, one soon after harvesting of
the Kharif Crop (hereinafter called the Kharif meeting) and the other soon
after harvesting of the Rabi Crop (hereinafter called the Rabi meeting) which
shall be presided over the Pradhan of the concerned Gram Panchayat. Provided
that the Pradhan at any time may, or upon a requisition in writing by the
prescribed authority or by not less than one-fifth of the members shall, within
30 days from the receipt of such requisition, call an extraordinary general
meeting. The time and place of all the meetings of the [Gram Sabha] shall be
published in the prescribed manner; Provided
further that where the Pradhan fails to call a meeting as aforesaid, the
prescribed authority may do so within a period to be prescribed. (2)
For any
meeting of Gram Sabha one-fifth of the number of members shall form the quorum;
provided that no quorum shall be necessary for a meeting adjourned for want of
quorum. [52][(3) The Gram Sabha shall consider the following matters and may make
recommendations and suggestions to the Gram Panchayat - (a)
the annual
statement of accounts of the Gram Panchayat the report of administration of the
preceding financial year and the last audit note and replies, if any, made
thereto; (b)
the annual
statement of accounts of the Gram Panchayat relating to the proceedings year
and the development programmes proposed to be undertaken during the current
financial year; (c)
the
promotion of unity and harmony among all sections of society in the village; (d)
programmes
of adult education within the village; (e)
such other
matters as may be prescrined. (4) The Gram Panchayat shall give
due consideration to the recommen-dations and suggestions of the Gram Sabha. (5) The Gram Sabha shall perform
the following functions namely - (a)
Mobilising
voluntary labour and contributions for the community welfare programmes; (b)
Identification
of beneficiaries for the implementation of development schemes pertaining to
the village; (c)
Rendering
assistance in the implementation of development schemes pertaining to the
village.] [53][CHAPTER III A GRAM
PANCHAYAT [54][(1) There shall be a Pradhan of the Gram Panchayat, who shall be the
Chairperson thereof. (2) The State Government shall,
by order, reserve offices of Pradhans for the Scheduled Castes, the Scheduled
Tribes, and the backward classes; Provided
that the number of offices of Pradhans reserved for the Scheduled Castes, the
Scheduled Tribes and the backward classes in the State shall bear, as nearly as
may be, the same proportion to the total number of such offices as the
population of the Scheduled Castes in the State or of the Scheduled Tribes in
the State or of the backward classes in the State bears to the total population
of the State. Provided
that the reservation for the backward classes shall not exceed [55][twenty-seven]
percent of the total number of offices of Pradhans. [56][Provided also that if the figures of population of the backward classes
are not available, their population may be determined by carrying out a survey
in the prescribed manner.] (3) Not less than one-third of
the total number of offices of Pradhans reserve under sub-section (2) shall be
reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and
the backward classes. (4) Not less than one-third of
the total number of offices of Pradhans, including the number of offices of
Pradhans reserved under sub-section (3), shall be reserved for women. (5) The offices of the Pradhans
reserved under this section shall be allotted by rotation to different Gram
Panchayats in such order as may be prescribed. (6) The reservation of the
offices of Pradhans for the Scheudled Castes and Scheduled Tribes under the
section shall cease to have effect on the expiration of the period specified in
Article 334 of the Constitution. Explanation
- It is
clarified that nothing in this section shall prevent persons belonging to the
Scheduled Castes, the Scheduled Tribes, the backward classes and the women from
contesting election to unreserved seats.][57] (1)
The Pradhan
of the Gram Panchayat shall be elected by the persons registered in the electoral
rolls for the territorial constituencies of the Panchayat area from amongst
themselves. (2)
If at any
general election to a Gram Panchyat, the Pradhan is not elected, and less than
two-thirds of the total number of members of Gram Panchayat are elected, the
State Government or an officer authorized by it in this behalf may, by order,
either appoint - (i)
an
Administrative Committee consisting of such number of persons qualified to be
elected as members of the Gram Panchayat, as it may consider propert; or (ii)
an
Administrator. (3)
The members
of the Administrative Committee or the Administrator shall hold office for such
period not exceeding six months as the State Government may specify in the
order referred to in sub-section (2). (4)
On the
appointment of an Administrative Committee or and Administrator under
sub-section (2), the person, if any, chosen as Pradhan or member of the Gram
Panchayat before such appointment shall cease to eb such Pradhan or member, as
the case may be, and all powers, functions and duties of the Gram Panchayat,
its Pradhan and Committees shall vest in and be exercised, performed and
discharged by such administrative committee or the Administrator, as the case
may be. (5)
The
Administrative Committee or the Administrator shall be deemed to be duly
constituted Gram Panchayat for the purposes of this Act : Provided that if at any time after the appointment of the Administrative
Committee or the Administrator under sub-section (2) the State Government is
satisfied that there is no difficulty in duly constituting the Gram Panchayat,
the State Government may, notwithstanding that the period for which the
Administrative Committee or the Administrator had been appointed has not
expired, direct the State Election Commission for holding the elections for constituting
the Gram Panchayat. (6)
Except as
otherwise provide in this Act, the term of office of Pradhan shall be
coterminus with the term of the Gram Panchayat.][58] (1)
The
Up-Pradhan shall be elected by the members of the Gram Panchayat from amongst
themselves in such manner as may be prescribed. Provided
that if a Gram Panchayat fails to so elect and Up-Pradhan within the time fixed
by or under the rules in that behalf, the Prescribed Authority may nominate as
Up-Pradhan any member; of the Gram Panchayat, and the person so nominated shall
be deemed to have been duly elected. (2)
The term of
office of the Up-Pradhan whether elected or nominated before or after the
commencement of the Uttar Pradesh Rural Local Self-Government Laws (Amendment)
Act, 1972 shall commence from the date of his election or nomination, as the
case may be, and unless otherwise determined under the provisions of the Act,
shall expire with the term of the Gram Panchayat. [59][(3) The provisions of Section 14 shall Mutatis Mutandis apply to the
removal of Up-Pradhan as they apply to the removal of Pradhan.]][60] No person
shall simultaneously - (a)
be the
Pradhan of a Gram Panchayat and a Panch of the Nyaya Pachayat, or (b)
be a member
of a Gram Panchayat for more than one territorial constituency, or (c)
be a member
of a Gram Panchayat and a Panch of Nyaya Panchayat, or (d)
hold any
office in more than one Gram Panchayat or Nyaya Panchayat, and the rules may
provide for the vacation of all but one office by any person chosen to fill
offices which he cannot hold simultaneously.][61] (1)
A person
shall be disqualified for being elected to or holding the office of Pradhan or
member of Gram Panchayat or a Panch of a Nyaya Panchayat, if he is - (a)
a member of
Parliament or of the State Legislature, or [62](b) member,
Pramukh or Up-Pramukh of a Kshettra Panchayat, or [63](c) member,
Adhyaksha or Up-Adhyaksha of a Zila Panchayat, or (d)
Adhyaksha or Up-Adhyaksha of any co-operative society. (2)
A person
shall cease to hold the office of Pradhan or member of the Gram Pradhan or
Panch of a Nyaya Panchayat, as the case may be, if subsequently he is elected
to any of the offices mentioned in Clauses (a) to (d) of sub-section (1) with
effect from the date of such subsequent election and a casual vacancy shall
thereupon occur in the office of such Pradhan or member of Panch, as the case
may be. [64][(3)
Notwithstanding anything in this Act, if in the first elections held after the
commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994 to
constitute Panchayats at the village, khand and district levels, a person is
chosen member of Panchayats at two or more levels, he shall submit his
resignation from all but one of these seats within sixty days of the date of
the declaration of the results of elections, or if the declaration of the
results of elections in respect of the Panchayats at the said two or more
levels has been made on different dates, within sixty days of the last of such
dates and in the event of failure to so resigns seats in all the Panchayats
except the seat in the highest level amongst the Panchayats to which he has
been elected shall be deemed vacated.]][65] (1)
The State
Government may, by notification, declare any area comprising a village of group
of villages, having, so far as practicable, a population of one thousand, to be
a Panchayat area for the purposes of this Act by such name as may be specified; Provided that for the purposes of declaration of a Panchayat area no
revenue village or any hamlet thereof shall be divided; [66][Provided
further that in the hill districts of Nainital, Almora, Pithoragarh, Tehri,
Pauri, Dehradun, Chamoli or Uttarkashi, the State Government may declare the
area of a Gram Sabha established under Section 3 of this Act as it stood before
the commencement of the Uttar Pradesh Panchayat Land (Amendment) Act, 1994, to be
a Panchayat area through such area may have a population of less than one
thousand.] (2)
The State
Government may, on the request of the Gram Panchayat concerned of otherwise,
and after previous publication of the proposal, by notification at any time - (a)
modify the
area of any Panchyat area by including therein or excluding therefrom any area
of a village or group of villages; (b)
alter the
name of the Panchayat area; or (c)
declare that
any area shall cease to be a Panchayat area.][67] (1)
(a) There
shall be [68][constituted]
for every Panchayat area, a Gram Panchayat bearing the name of the Panchayat
area. (b) Every
Gram Panchayat shall be a body corporate. (c) A Gram
Panchayat shall consist of a Pradhan and in the case of a Panchayat area having
a population of - (i)
[69][upto one thousand ] nine members; (ii)
more than
two thousand but not more than two thousand, eleven members; (iii)
more than
two thousand but not more than three thousand, thirteen members; or (iv)
more than
three thousand, fifteen members. (d) For the
purpose of election of members of Gram Panchayat every Panchayat area shall be
divided into territorial constituencies in such manner that the ratio between
the population of each constituency and the number of seats allotted to it
shall, so far as a practicable, be the same throughout the Panchayat area. (e) Each
territorial constituency of a Gram Panchayat shall be represented by one member
in the Gram Panchayat. [70][(f) The territorial constituencies of a Gram Panchayat may be delimited
in the prescribed manner and, if necessary, rules in this regard may be made
with retrospective effect from a date not earlier than the date of commencement
of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994.] (2)
[71][* * *] (3)
(a) A Gram
Panchayat shall, unless sooner dissolved under Clause (f) of sub-section (1) of
Section 95, continue for five years from the date appointed for its first
meeting and no longer. (b) An
election to constitute a Gram Panchayat shall be completed - (i)
before the
expiry of its duration specified in Clause (a); (ii)
before the
expiration of a period of six months from the date of its dissolution : Provided
that were the remainder of the period for which the dissolved Gram Panchayat
would have continued is less than six months, it shall not be necessary to hold
any election under this sub-section for constituting the Gram Panchayat. (c) A Gram
Panchayat constituted upon the dissolution of a Gram Panchayat before the
expiration of its duration shall continue only for the remainder of the period for
which the dissolved Gram Panchayat would have continued under Clause (a) had it
not been so dissolved. (d) The
constitution of a Gram Panchayat shall be notified in such manner as may be
prescribed and thereupon the Gram Panchayat shall be deemed to have been duly
constituted, any vacancy therein notwithstanding : Provided
that the constitution of a Gram Panchayat shall not be so notified till the
Pradhan and at least two-thirds of the members of the Gram Panchayat have been
elected. [72][(3-A) However, anything contained in the other provisions of this Act,
where, due to unavailable circumstances or in the public interest. It is not
possible to conduct the election for constituting any village Panchayat before
expiry of its terms, State Government or any authority authorized for this
purpose by it, by order, may appoint an administrative committee including such
number of persons, which may be considered sufficient, having eligibility to be
elected as member of village Panchayat or an administrator and the members of
administrative committee or administrator shall hold the office for the period,
which may be specified in the aforesaid order, not more than six months and all
the powers, functions and duties of the village panchayat, its Pradhan and
committees, as may be, shall be vested in such administrative committee or
administrator and shall be used, exercised and done by him.] (4)
The term of
a member of Gram Panchayat shall, unless otherwise determined under the
provisions of this Act, expire with the term of the Gram Panchayat. (5)
(a) In very
Gram Panchayat, seats shall be reserved for the Scheduled Castes, the
Secheduled Tribes and the backward classes and the number of seats so reserved
shall, as nearly as may be, bear the same proportion to the total number of
seats in the Gram Panchayat, as the population of the Scheduled Castes in the
Panchayat area or of the Scheduled Tribes in the Panchayat area or of the
backward classes in the Panchayat area bears to the total population of such
area and such seats may be allotted by rotation to different territorial
constituencies in a Gram Panchayat in such order as may be prescribed : Provided
that the reservation for the backward classes shall not exceed [73][twenty-seven]
percent of the total number of seats in the Gram Panchayat; [74][Provided further that if the figures of population of the backward
classes are not available, their population may be determined by carrying out a
survey in the prescrined manner.] (b) Not less
than one-third of the seats reserved under Clause (a) shall be reserved for the
women belonging respectively to the Scheduled Castes, the Scheduled Tribes and
the backward classes. (c) Not less
than one-third of the total number of seats in the Gram Panchayat, including
the number of seats reserved for women under Clause (b), shall be reserved for
women and such seats may be allotted by rotation to different territorial
constituencies in a Gram Panchayat in such order as may be prescribed. (d) The
reservation of seats for the Scheduled Castes and the Scheduled Tribes shall
cease to have effect on the expiration of the period specified in Article 334
of the Constitution. Explanation
- It is clarified that nothing in this section shall prevent the persons
belonging to the Scheduled Castes, the Scheduled Tribes and the backward
classes and the women from contesting election to unreserved seats. (6)
The Pradhan
shall be deemed a member of the Gram Panchayat.] The election
to the office of a Pradhan or Up- Pradhan [75][*
* *] or a member of a Gram Panchayat shall be held to secret ballot in the
manner prescribed. (1)
The Pradhan
and Up-Pradhan of the Gram Panchayat shall receive such allowances and
honoraria as may be prescribed. (2)
The member
of a Gram Panchayat, other than Pradhan and Up-Pradhan shall receive such
allowances as may be prescribed.][76] [77][(1) A Gram Panchayats shall ordinarily meet for the transaction of
business at least once every month but two months shall not intervene between
two consecutive meetings; Provided
that the date to be appointed for the first meeting of a Gram Panchayat shall
be within thirty days from the date of its constitution. (2) The meetings of the Gram
Panchayat shall be held at such place and in such manner as may be
prescribed."][78] [79][(1) The Superintendence, direction and control of the conduct of the
election to the office of the Pradhan, Up-Pradhan or a member of a Gram
Panchayat shall be vested in the State Election Commission.] [80][(2) Subject to Superintendence, direction and control of the State
Election Commission, the Mukhya Nirvachan Adhikari (Panchayat) shall supervise
and perform all functions relating to the conduct of election to the office of
Pradhan, Up-Pradhan or a member of a Gram Panchayat in the State. [81][(3) State Government with consultation of State Election Commission, by
notification, shall appoint the date or dated for the general election or by
election of Pradhan, Up-Pradhan or members of any village.]][82] [83][(1) Subject to the supervision and control of the State Election
Commission, the District Magistrate shall supervise the conduct of all of
elections of the Pradhans, the Up- Pradhans and the members of Gram Panchayats
in the District.] (2) Every local authority and the
management of every educational institution receiving grant-in-aid from the
State Government in the district shall, when so required by the District
Magistrate make available to him or to any other officer appointed by the
District Magistrate as Nirvachan Adhikari such staff as may be necessary for
the performance of any duties in connection with such election. (3) The State Election Commission
may likewise require all or any of the local authorities and the managements of
all or any of such institutions as aforesaid in the State to make available to
any officer referred to in sub-section (2) such staff as may be necessary for
the performance of any duties in connection with such election, and they shall
comply with every such requisition. (4) Where any employees of any
local authority or institution referred to in sub-section (2) or sub-section
(3) is appointed to perform any duty in connection with such elections he shall
be bound to perform such duty. (1)
If it appear
the District Magistrate that in connection with an elections under this Act to
be held within the district - (a)
any premises
are needed or are likely to be needed for the purpose of being used as a
polling place or for the storage of ballot boxes after a poll has been taken,
or (b)
any vehicle,
vessel or animal is needed or is likely to be needed for the purpose for the
purpose of transport of ballot boxes to or form any place, or transport of
members of the police force for maintaining order during the conduct of such
election, or transport of any officer or other person for performances of any
duties in connection with such election, he may, by order in writing,
requisition such premises, or such vehicle, vessel or animal, as the case may
be, and may make such further order as may appear to it to be necessary or
expedient in connection with the requisitioning;][84] Provided
that no vehicle, vessel or animal which is being lawfully used by a candidate
or his agent for any purpose connected with the election of such candidate
shall be requisitioned under his sub-section until the completion of the poll
at the election. (2)
The
requisition shall be affected by an order in writing addressed to the person
deemed by the District Magistrate to be the owner or person in possession of
the property, and such order shall be served in the prescribed manner on the
person to whom it is addressed. (3)
Whenever any
property is requisitioned under sub-sections (1), the period of such
requisition shall not extend beyond the period for which such property is
required for any of the purposes mentioned in that sub-section. (4)
In this
section - (a)
'premises'
means any land, building or part of a building and includes a hut, shed or
other structure or any part thereof; (b)
'vehicle'
means any vehicle used or capable of being used for the purpose of road
transport, whether propelled by mechanical power or otherwise.] (1)
Whenever in
pursuance of Section 12-BCA the District Magistrate requisitions any premises,
there shall be paid to the persons interested compensation the amount of which
shall be determined by taking into consideration the following, namely : (i)
The rent
payable in respect of the premises or if no rent is so payable, the rent
payable for similar premises in the legality; (ii)
If in
consequence of the requisition of the premises the person interested is
compelled to change his residence or place of business, the reasonable expenses
(if any) incidental to such change; Provided that where any person interested being aggrieved by the amount
of compensation so determined makes an application within the prescribed time
to the District Magistrate for referring the matter to an arbitrator, the
amount of compensation to be paid shall be such as the arbitrator appointed in
this behalf by the District Magistrate any determine; Provided further that where there is any dispute as to the title to
receive the compensation or as the apportionment of the amount of compensation
it shall be referred by the District Magistrate to an arbitrator appointed in
this behalf by him for determination and shall be determined in accordance with
the decision of such arbitrator. Explanation - In this sub-section, the expression 'person interested'
means the person who was in actual possession of, the premises requisitioned
under Section 12- BCA immediately before the requisition, or where no person
was in such actual possession, the owner of such premises. (2)
Whenever in
pursuance of Section 12-BCA the District Magistrate requisitions any vehicle,
vessel or animal, there shall be paid to the owner thereof compensation the
amount of which shall be determined by the District Magistrate on the basis of
the fares or rates prevailing in the locality for the hire of such vehicle,
vessel or animal; Provided that whether the owner of such vehicle, vessel or animal being
aggrieved by the amount of compensation so determined makes an application
within the prescribed time to the District Magistrate for referring the matter
to an arbitrator, the amount of compensation to be paid shall be such as the
arbitrator appointed in this behalf by the District Magistrate may determine; Provided further that where immediately before the requisitioning, the
vehicle or vessel was by virtue of a hire purchase agreement in the possession
of a person other than the owner, the amount determined under this sub-section
as total compensation payable in respect of the requisition shall be
apportioned between that person and the owner in such manner as they may agree
upon, and in default of agreement, in such manner as an arbitrator appointed by
the District Magistrate in this behalf may decide.][85] The District Magistrate may, with a view to requisitioning any property
under Section 12-BCA or determining the compensation payable under Section
12-BCB by order, require any person to furnish to such authority as may be
specified in the order such information in his possession relating to such
property as may be so specified.][86] (1)
Any person
authorized in this behalf by the District Magistrate may enter into any
premises and inspect such premises and any vehicle, vessel or animal therein
for the purpose of determining whether, and if so what manner, an order under
Section 12- BCA should be made in relation to such premises vehicle, vessel or
animal, or with a view to securing compliance with any order made under that
section. (2)
In this
section the expressions 'premises' and 'vehicle' have the same meanings as in
Section 12-BCA.][87] (1)
Any person
remaining in possession of any requisitioned premises in contravention of any
order made under Section 12-BCA may be summarily evicted from the premises by
any Officer empowered by the District Magistrate in this behalf. (2)
Any Officer
so empowered may, after giving to any woman not appearing in public reasonable
warning and facility to withdraw, remove or open any lock or bolt or break open
any door of any building or do any other act necessary for effecting such
eviction.][88] (1)
When any
premises requisitioned under Section 12-BCA are to be released from
requisition, the possession thereof shall be delivered to the person from whom possession
thereof shall be delivered to the person from possession was taken at the time
when the premises were requisitioned, or if there were no such person to the
person deemed by the District Magistrate to be the owner of such premises, and
such delivery of possession shall be a full discharge of the District
Magistrate from all liabilities in respect of such delivery, but shall not
prejudice any rights in respect of the premises which any other person may be
entitled by due process of law to enforce against the person to whom possession
to the premises is so delivered. (2)
Where the
person to whom possession of any premises requisitioned under Section 12-BCA is
to be given under sub-section (1) cannot be found or is not readily
ascertainable or has no agent or any other person empowered to accept delivery
on his behalf, the District Magistrate shall cause a notice declaring that such
premises are released from requisition to be affixed on some conspicuous part
of such premises and publish the notice in the Official Gazette. (3)
When a
notice referred to in sub-section (2) is published in the Official Gazette, the
premises specified in such notice shall cease to be subject to requisition on
and from the date of such publication and be deemed to have been delivered to
the person entitled to possession thereof and the District Magistrate shall not
be liable for any compensation of other claim in respect of such premises for
any period after the said date.][89] (1)
If any
person to whom this section applies is without reasonable cause guilty of any
act or omission in breach of his official duty, he shall be punishable with
fine which may extend to five hundred rupees. (2)
An offence
punishable under sub-section (1) shall be congnizable. (3)
No suit or
other legal proceedings shall lie against any such person for damages in
respect of any such act or omission as aforesaid. (4)
The persons
to whom this section applies are the Nirvachan Adhikaris, Sahayak Nirvachan
Adhikaris, Matdan Adhyakshas, Matdan Adhikaris and any other person appointed
to perform any duty in connection with the receipt of nomination or withdrawal
of candidature or the recording or counting of votes at an election, and the
expression 'official duty' shall for the purpose of this section be construed
accordingly, but shall not include duties imposed otherwise than by or under
this Act.][90] (1)
The election
of a person as Pradhan [91][*
* *] or as member of a Gram Panchayat including the election of a person
appointed as the Panch of the Nyaya Panchayat under Section 43 shall not be
called in question except by an application presented to such authority within
such time and in such manner as may be prescribed on the ground that - (a)
the election
has not been a free election by reason that the corrupt practice of bribery or
undue influence has extensively prevailed at the election, or (b)
that the
result of the election has been materially affected - (i)
by the
improper acceptance or rejection of any nomination or; (ii)
by gross
failure to comply with the provisions of this Act or the rules framed
thereunder. (2)
The
following shall be deemed to be corrupt practices of bribery or undue influence
for the purposes of this Act. (A)
Bribery,
that is to say, any gift, offer or promise by a candidate or by any other
person with the connivance of a candidate of any gratification of any person
whomsoever, with the object, directly, or indirectly of including - (a)
a person to
stand or not to stand as, or withdraw from being, a candidate at any election;
or (b)
an elector
to vote or refrain from voting at an election; or as a reward to - (i)
a person for
having so stood or not stood or having withdrawn his candidature; or (ii)
an elector
for having voted or refrained from voting. (B)
Undue
influence, that is to say, any direct or indirect interference or attempt to
interfere on the part of a candidate or of any other person with the connivance
of the candidate with the free exercise of any electoral right; Provided
that without prejudice to the generality of the provisions of this clause any
such person as is referred to therein who - (i)
threatens
any candidate, or any elector, or any person in whom a candidate or any elector
is interested, with injury of any kind including social ostracism and
ex-communication or expulsion from any caste or community; or (ii)
induces or
attempts to induce a candidate or an elector to believe that he or any person
in whom he is interested will become or will be rendered an object of divine
displeasure or spiritual censure, shall be deemed to interfere with the free
exercise of the electoral right of such candidate or elector within the meaning
of this clause. (3)
This
application under sub-section (1) may be presented by any candidate at the
election or any elector and shall contain such particulars as may be
prescribed. Explanation
- Any person who filed a nomination paper at the election whether such
nomination paper was accepted or rejected, shall be deemed to be a candidates
at the election. (4)
The
authority to whom the application under sub-section (1) is made shall in the
matter of - (i)
hearing of
the application and the procedure to be followed at such hearing; (ii)
setting
aside the election, or declaring the election to be void or declaring the
applicant to be duly elected or any other relief that may be granted to the
petitioner, have such powers and authority as may be prescribed. (5)
Without
prejudice to generality of the powers to be prescribed under sub- section (4)
the rules may provide for summary hearing and disposal of an application under
sub-section (1). [92][(6) Any party aggrieved by an order of the prescribed authority upon an
application under sub-section (1) may, within thirty days from the date of the
order, apply to the District Judge for revision of such order on any one or
more the following grounds, namely - (a)
that the
prescribed authority has exercised a jurisdiction not vested in it by law; (b)
that the
prescribed authority has failed to exercise a jurisdiction so vested; (c)
that the
prescribed authority has acted in the exercise of its jurisdiction illegally or
with material irregularity. (7) The District Judge may
dispose of the application for revision himself or may assign it for disposal
to any Additional District Judge, Civil Judge or Additional Civil Judge under
his administrative control and may recall it from any such officer or transfer
it to any other such officer. (8) The revising authority
mentioned in sub-section (7) shall follow such procedure as may be prescribed,
and may confirm, vary or rescind the order of the prescribed authority or
remand the case to the prescribed authority for re-hearing and pending its
decision pass such interim orders as may appear to it to be just and
convenient. (9) The decision of the
prescribed authority, subject to any order passed by the revising authority
under this section, and every decision of the revising authority passed under
this section, shall be final.] The
provisions of Section 12-C shall mutatis mutandis apply to the election of
person as Up-Pradhan of a [93][Gram
Panchayat], Sarpanch or Sahayak Sarpanch of a Nyaya Panchayat. (1)
[94][Every person] shall, before entering upon any office referred to in
Sections (11-A, 12), 43 or 44, make and subscribe before such authority as may
be prescribed on oath or affirmation in the form to be prescribed. (2)
Any member
who declines or otherwise refuses to make and subscribe such oath or
affirmation as aforesaid shall be deemed to have vacated the office forthwith. A Pradhan,
Up-Pradhan or a member of Gram Panchayat may, by writing under his hand
addressed to such authority as may be prescribed, resign his office and his
office shall thereupon become vacant. [95][* * *] If a vacancy
in the office of the Pradhan, Up- Pradhan or a member of a Gram Panchayat
arises by reason of his death, removal, resignation, voidance of his election
or refusal to take oath of office, it shall be filled before the expiration of
a period of six months from the date of such vacancy, for the remainder of his
tern in the manner, as far as may be, provided in Sections 11-B, 11- C, or 12,
as the case may be : Provided
that if on the date of occurrence of such vacancy the residue of the term of
the Gram Panchayat is less than six months, the vacancy shall not be filled.][96] No Civil
Court shall have jurisdiction to question in legality of any action taken or
any decision given by an officer or authority appointed under this Act in
connection with the conduct of elections thereunder. Where the
office of Pradhan is vacant by reason of death, removal, resignation or
otherwise or where the Pradhan is incapable to act by reason of absence,
illness or for any reason whatsoever, the prescribed authority shall nominate a
member of the Gram Panchayat, to discharge the duties and exercise the powers
of Pradhan until such vacancy in the office of Pradhan is filled in, or until
such incapacity of Pradhan is removed.][97] [98][* * *] [99][* * *] "[101](1)
The Gram Sabha may at a meeting specially convened for the purpose and of which
atleast 15 days previous notice shall be given, remove the Pradhan by a
majority of two-thirds of the members of the Gram Sabha present and voting. (1-A) Notwithstanding anything contained in Section 11, one-third of the
members of the Gram Sabha shall form the quorum for a meeting under sub-
section (1)." (2) A meeting for the removal of
a Pradhan shall not be convened within [102][two
years] of his election. (3) If the motion is not taken up for want of quorum or fails for lack of
requisite majority at the meeting no subsequent meeting for the removal of the
same Pradhan shall be convened within one year of the date of the previous
meeting. (4) Subject to the provisions of
this section, the procedure for the removal of a Pradhan, including that to be
followed at such meeting, shall be such as may be prescribed. (1)
If any
person on ceasing to act as Pradhan, Sarpanch or Sahayak Sarpanch willfully
fails, in spite of being required to do so by the prescribed authority, to
handover all records, money or other property of [103][Gram
Sabha], Gram Panchayat or Nyaya Panchayat as the case may be, to his successors
or to any person authorized in this behalf by the prescribed authority, he
shall be punishable with imprisonment which may extend to three years or with
fine or with both. (2)
Without
prejudice to the provisions of sub-section (1), any such money may on a
certificate issued in that behalf by the prescribed authority be recovered as
arrears of land revenue. (1)
The Gram
Panchayat may at a meeting specially convened for the purpose and of which at
least fifteen days previous notice shall be given, remove the Up-Pradhan by a
majority of two-thirds of the members of the Gram Panchayat. (2)
A meeting
for the removal of an Up-Pradhan shall not be convened within two years of
election. (3)
If the
motion is not taken up for lack of requisite majority at the meeting, no
subsequent meeting for the removal of the same Up-Pradhan shall be convened
within two years of the date of the previous meeting. (4)
Subject to
the provisions of this section, the procedure for the removal of an Up-Pradhan,
including that to be followed at such meeting, shall be such as may
prescribed.".][104] Subject to
such conditions as may be specified by the State Government, from time to time,
a Gram Panchayat shall perform the following functions, namely - (i)
Agriculture
including agricultural extension - (a)
Promotion
and development of agriculture and horticulture, (b)
Development
of wastelands and grazing lands and preventing their unauthorized alienation
and use. (ii)
Land and
development, land reform implementation, land consolidation and soil
conservation; (a)
Assisting
the Government and other agencies in land development, land reform and soil
conservation. (b)
Assisting in
land consolidation. (iii)
Minor
irrigation, water management and watershed development; (a)
Managing and
assisting in water distribution from minor irrigation projects. (b)
Construction,
repair and maintenance of minor irrigation projects, regulation of supply of
water for irrigation purpose. (iv)
Animal
husbandry, dairying and poultry; (a)
Improving
breed of cattle, poultry, and other live stock. (b)
Promotion of
dairying, poultry, piggery etc. (v)
Fisheries - (a)
Development
of fisheries in the villages. (vi)
Social and
farm forestry; (a)
Planting and
preserving trees on the sides of roads and public lands. (b)
Development
and promotion of social and farm, forestry and sericulture. (vii)
Minor forest
produce; Promotion
and development of minor forest produce. (viii)
Small
industries; (a)
Assisting in
the development of agriculture and commercial industries. (b)
Promotion of
local trades. (ix)
Cottage
village industries; (a)
Assisting in
the development of agricultural and commercial industries. (b)
Promotion of
cottage industries. (x)
Rural
housing; (a)
Implementation
of rural housing programmes. (b)
Distribution
house sites and maintenance of records relating to them. (xi)
Drinking
water; Construction,
repair and maintenance of public wells, tanks and ponds for supply of water for
drinking, washing, bathing purposes and regulation of sources of water supply
for drinking purposes. (xii)
Fuel and
fodder land; (a)
Development
of grass and plants relating to fuel and fodder land. (b)
Control on
irregular transfer of fodder land. (xiii)
Roads,
Culverts, bridges, ferries, water-ways and other means of communication; (a)
Construction
and maintenance of village roads, bridges, ferries and culverts. (b)
Maintenance
of water-ways. (c)
Removal of
encroachment on public places. (xiv) Rural electrification; Provision
for and maintenance of lighting of public street and other places. (xv)
Non-conventional
energy source; Promotion
and development of programmes of non-conventional energy source and its
maintenance in village. (xvi) Poverty alleviation programmes; Promotion
and implementation of poverty alleviation programmes. (xvii) Education including primary and secondary schools; Public
awareness about education. (xviii)
Technical
training and vocational education; Promotion of rural art and artisans. (xix) Adult and informal education; Promotion of adult literacy. (xx)
Library Establishment
and maintenance of libraries and reading rooms. (xxi) Sports and cultural affairs; (a)
Promotion of
social and cultural activities. (b)
Organising
cultural seminars on different festivals. (c)
Establishment
and maintenance of rural clubs for sports. (xxii) Markets and fairs; Regulation
of melas, markets and hats in Panchayat areas. (xxiii)
Medical and
sanitation (a)
Promoting
rural sanitation. (b)
Prevention
against epidemics. (c)
Programmes
of human and animal vaccination. (d)
Preventive
actions against stray cattle and live stock. (e)
Registering
births, deaths, and marriages. (xxiv)
Family
welfare; Promotion
and implementation of family welfare programmes. (xxv)Plan for economic development; Preapration
of plan for economic development of the area of the Gram Panchayat. (xxvi)
Maternity
and child development (a)
Participation
in the implementation of women and child welfare programmes at Gram Panchayat
level. (b)
Promoting
child health and nutrition programme. (xxvii)
Social
welfare including welfare of the handicapped and mentally retarded; (a)
Assisting in
old-age and widow pension schemes. (b)
Participation
in the social welfare programmes including welfare of the handicapped and the
mentally retarded. (xxviii) Welfare of the weaker sections and in particular of the Scheduled Castes
and the Scheduled Tribes; (a)
Participation
in the implementation of the specific programmes for the Scheduled castes, the
Scheduled Tribes and other weaker sections of the society. (b)
Preparation
and implementation of schemes for social justice. (xxix)
Public
distribution system; (a)
Promotion of
public awareness with regard to the distribution of essential commidties. (b)
Monitoring
the public distribution system. (xxx)Maintenance of community assets; Preservation
and maintenance of community assets. A Gram
Panchayat shall prepare every year a development plant for the Panchayat area
and submit it to the Kshettra Panchayat concerned before such date and in such
form and manner as may be prescribed.][105] The State
Government may, by notification, and subject to such conditions as may be
specified therein, assign to Gram Panchayat any or all of the following
functions, namely - (a)
management
and maintenance of a forest situated in the Panchayat area; (b)
management
of waste lands, pasture lands or vacant lands belonging to the Government
situated within the Panchayat area; (c)
Collection
of any tax or land revenue and maintenance of related records.][106] A [107][Gram
Panchayat] may contribute such amounts for such organizations, institutions and
functions outside the jurisdiction of the Gram Panchayat as the State
Government may be general or special order permit. A Gram
Panchayat shall have control of the public streets, water-ways, other than
canals as defined in sub-section (1) of Section 3 of the Northern India Canal
and Drainage Act, 1873, situate within its jurisdiction not being a private street
or water-ways and not being under the control of the State Government or
the [108][Zila
Panchayat] or any other authority specified by the State Government and may do
all things necessary for the maintenance and repair thereof, and may (a)
construct
new bridges and culverts; (b)
divert,
discontinue or close any public street, culvert or bridge; (c)
widen, open,
enlarge for otherwise improve any public street, culvert or bridge with minimum
damage to the neighbouring fields; (d)
deepen or
otherwise improve water-ways; (e)
with the
sanction of the prescribed authority and where a canal exists under the
Northern India Canal and Drainage Act 1873; with the sanction also of such
officer of the Irrigation Department as the State Government may prescribe,
undertake small irrigation projects in addition to those specified by order
under clause (u), section 15; (f)
cut any
hedge or branch of any tree projection on a public street; (g)
notify the
setting apart of any public water-course for drinking or culinary purposes, and
prohibit bathing, washing of clothes and animals or doing other acts likely to
pollute the course so set apart; Provided
that nothing shall be done under clause (g) which may affect a canal governed
by the Northern India Canal and Drainage Act, 1873, without the prior
permission of the authority prescribed by the State Government in this behalf. For the
improvement of sanitation, a [109][Gram
Panchayat] may, by notice, direct the owner or occupier of any land or
building, taking into consideration his financial position and giving him
reasonable time for compliance thereof - (a)
to close,
remove, alter, repair, cleanse, disinfect or put in good order any latrine,
urinal, water-closet, drain, cesspool or refuse pertaining to such land or
building or to remove or alter any door or trap or construct any drain for any
such latrine, urinal or water-closet which opens on to a street or drain or to
shut off such latrine, urinal or water-closet by a sufficient roof and wall or
fence from the view of persons passing by or dwelling in the neighbour-hood; (b)
to cleanse,
repair, cover, fill up, drain off, deepen, or to remove water from a private
well, tank, reservoir, pool, pit, depression, or excavation therein which may
appear to the Gram Panchayat to be injurious to health or offensive to the
neightbourhood; (c)
to close off
any vegetation, undergrowth, prickly pear or scrub-jungle; (d)
to remove
any dirt, dung, night-soil manure or any moxious or offensive matter therefrom
and to cleanse the land or building; Provided
that a person on whom a notice under clause (b) is served may, within 30 days
of the receipt of notice, appeal to the District Medical Officer of Health
against the said notice who may vary, set aside or confirm it. (1)
Gram
Panchayat - (a)
shall,
subject to such rules as may be prescribed regarding the curriculum, employment
and qualification of teachers and supervision of a school, maintain any
existing primary school including the buildings and furniture thereof and be
responsible for its proper working and may similarly establish and maintain a
new school or improve any existing school; (b)
shall,
subject to such rules as may be prescribed regarding the establishment, maintenance
and supervision, maintain any existing Ayurvedic, (Homoeopathic) or Unani
hospital or dispensary including the building and equipments thereof and may
similarly establish and maintain a new hospital or dispensary for one or more
the systems of medicine mentioned above. (2)
The Zila
Panchayat and the State Government shall make such grants for such schools,
hospitals or dispensary may be prescribed. [110][* * *] Where a
group of neighbouring [111][Gram
Panchayat] has no primary school or Ayurvedic, Homoeopathic or Unani hospital
or dispensary, or it needs a road or bridge for its common benefit, the Gram
Panchayats thereof shall, if so directed by the prescribed authority, combine
to establish and maintain such a school, hospital or dispensary, or to construt
and maintain such a road or bridge, and it shall be managed and financed in the
manner prescribed. The State Government and Zila Panchayat shall make such
grants for such school, hospital, dispensary, road or bridge as prescribed. A Gram
Panchayat shall, if so prescribed by the State Government and so far as
practicable, assist any Government servant in the performance of his duties
within its area. A Gram
Panchayat may make to the proper authority - (a)
any
representation concerning the welfare of the persons residing within its
jurisdiction, and (b)
any
recommendation as to the appointment, transfer or dismissal of patrol of the
Irrigation Department, Patwari (or Lekhpal, village Choukidar) or Mukhia
serving in any area within the jurisdiction of such Gram Panchayat. On receiving
a complaint from any person, residing within the jurisdiction of a Gram
Panchayat about any misconduct in the discharge of his official duties by any amin,
process-server, vaccinator constable, village choukidar, patwari, Patrol and
Tube- well operator of the Irrigation Department, forest guard, forest
chowkidar, Teacher of a primary school, pond keeper, village stockman or peon
of any Government Department, such Panchayat may, if here be prima facie
evidence, forward the complaint to the proper authority with its own report.
The authority shall, after such further enquiry which may be required, take
suitable action and inform the Gram Panchayat of the result. A Gram
Panchayat may, as prescribed and in respect of any area within its jurisdiction
enter into a contract - (a)
with the
State Government or any local authority to collect any taxes or dues payable to
State or to such local authority upon payment of such collection charges as may
be prescribed; or (b)
with the
State Government or any local authority for carrying out any work on such terms
as may be agreed upon. (1)
Notwithstanding
anything contained in any other provisions of this Act, any Uttar Pradesh Act,
rules, regulations or bye-laws or in any judgement, decree or order of any
Court, - (a)
the State
Government may, be general or special order, transfer any employee or class of
employees serving in connection with the affairs of the State to serve under
Gram Panchayats with such designation as may be specified in the order and
thereupon posting of such employee or employees in Gram Panchayats of a district
shall be made by such authority in such manner as may be notified by the State
Government. (b)
The employee
or employees on being so transferred and posted in a Gram Panchayat, shall
serve under the supervision and control of the Gram Panchayat on the same terms
and conditions and with the same rights and privileges as to retirement benefit
and other matters including promotion as would have been applicable to him
immediately before such transfer and shall perform such duties as may be
specified from time to time by the State Government. (2)
Subject to
the provisions of sub-section (1), a Gram Panchayat may, after prior approval
of the prescribed authority, appoint from time to time such employee as may be
considered necessary for efficient discharge of its functions under this Act in
accordance with such procedure as may be prescribed; Provided
that the Gram Panchayat shall not create any post except with the previous
approval of the prescribed authority. (3)
The Gram
Panchayat shall have power to impose punishment of any description upon the
employees appointed under sub-section (2) subject to such conditions and
restrictions and in accordance with such procedure as may be prescribed. (4)
The Gram
Panchayat may delegate to the Pradhan or to any of its committees, subject to
such conditions and restrictions as may be prescribed, the power to impose any
minor punishment upon the employees appointed under sub- section (2). (5)
An appeal
from an order imposing any punishment on an employee under sub-section (3)
shall lie to such officer or committee as may be specified by the State
Government by notification. (6)
The
prescribed authority my, subject to such conditions as may be prescribed,
transfer any employee referred to in clause (b) of sub-section (1) from one
Gram Panchayat to any other Gram Panchayat within the same district and the
State Government or such other officer as may be empowered in this behalf by
the State Government may similarly transfer any such employee from one district
to another. (7)
A Nyaya
Panchayat may, with the previous approval of the prescribed authority, appoint
any person on its staff in the manner prescribed. The person so appointed shall
be under the administrative control of the prescribed authority who shall have
power to transfer, punish, suspend, discharge or dismiss him. (8)
Appeal shall
lie from an order of the prescribed authority punishing, suspending,
discharging or dismissing a person under sub-section (7) to an authority
appointed in this behalf by the State Government.][112] The State
Government, or such officer or authority as may be empowered by it in this
behalf shall appoint a Secretary from amongst the employees referred in clause
(b) of sub-section (1) or sub-section (2) of Section 25, who shall act as
Secretary of such Gram Panchayat or Gram Panchayats, the Gram Sabhas concerned
and the Nyaya Panchayats within whose territorial limits such Gram Panchayats
are situated and perform such other duties as may be specified by the State
Government or such officer or authority as may be empowered in this behalf by
the State Government.][113] A member of
a Gram Panchayat may at any meeting, move any resolution and put question to
the Pradhan and Up-Pradhan on matters connected with the administration of the
Gram Panchayat in the manner prescribed. (1)
Every
Pradhan or Up-Pradhan of a Gram Panchayat every member of a [114][Gram
Panchayat] or of a Joint Committee or any other committee constituted under
this Act and every Sarpanch, Sahayak Sarpanch or Panch of a Nyaya Panchayat
shall be liable to surcharge for the loss, waste or misapplication of money or
property [belonging to the Gram Panchayat or Nyaya Panchayat] as the case may
be, if such loss, waste or misapplication is direct consequence of his neglect
or misconduct while he was such Pradhan, Up-Pradhan, member, Sarpanch, Sahyak
Sarpanch or Panch; Provided
that such liability shall cease to exist after the expiration of the years from
the occurrence of such loss, waste or misapplication, or five years from the
date on which the person liable ceases to hold his office, whichever is later. (2)
The
prescribed authority shall fix the amount of the surcharge according to the
procedure that may be prescribed and shall certify the amount to the Collector
who shall, on being satisfied that the amount is due, realize it as if were an
arrear of land revenue. (3)
Any person
aggrieved by the order of the prescribed authority fixing the amount of
surcharge may, within thirty days of such order, appeal against the order to
the State Government or such other appellate authority as may be prescribed. (4)
Where no
proceeding for fixation and realization of surcharge as specified in
sub-section (2) is taken the State Government may institute a suit for
compensation for such loss, waste or misapplication, against the person liable
for the same.][115] Every member
of servant of a Nyaya Panchayat, a Gram Panchayat, a joint committee or any
other committee constituted under this Act shall be deemed to be a public
servant within the meaning of Section 21 of the Indian Penal Code. (1)
The [Gram
Panchayat] [116][*
* *] shall also be Bhumi Prabandhak Samiti and as such discharge the duties of
up-keep, protection and supervision of all property belonging to or vested in
or held by the Gram Panchayat under Section 117 of the Uttar Pradesh Zamindari
Abolition and Land Reforms Act, 1950 (U.P. Act No. 1 of 1951) or under any other
provisions of that Act. [117][(2) The Pradhan shall be the Chairperson of the Bhumi Prabandhak
Samiti, and the Lekhpal of the area comprised in the jurisdiction of the [118][Gram
Panchayat] shall be its Secretary.][119] (1)
The Bhumi
Prabandhak Samiti shall, for and on behalf of the [Gram Panchayat] be charged
with the general management, preservation and control of all property referred
to in Section 28-A including - (a)
the settling
and management of land but not including the transfer of any property for the
time being vested in the 1[Gram Panchayat] under Section 117 of
the Uttar Pradesh Zamindari Abolition and Land Reforms Act 1950 (U.P. Act No. 1
of 1951) or under any other provision of that Act; (b)
the preservation,
maintenance and development of forests and trees; (c)
the
maintenance and development of abadi sites and village communication; (d)
the
management of hats, bazaars and meals; (e)
the
maintenance and development of fisheries and tanks; (f)
the
rendering of assistance in the consolidation of holdings; (g)
the conduct
and prosecution of suits and proceedings by or against the Gram Panchayat
relating to or arising out of the functions of Samiti; (h)
the
performance of functions specifically assigned to th Bhumi Prabandhak Samiti
under the U.P. Zamindari Abolition and Land Reforms Act, 1950 or any other
enactment; and (i)
any other
matter relating to such management, preservation and control as may be
prescribed; and may exercise all powers of the [120][Gram
Panchayat] necessary for or incidental to the discharge of such duties. (2)
The Bhumi
Prabandhak Samiti shall function subject to the provisions of the U.P.
Zamindari Abolition and Land Reforms Act, 1950. (1)
No member of
office bearer of [Gram Panchayat] or Bhumi Prabandhak Samiti shall, otherwise
than with the permission in writing of the Collector, knowingly acquire or
attempt to acquire or stipulate for or agree to receive or continue to have
himself or through a partner or otherwise any share or interest in any licence,
lease, sale exchange, contract or employment with, by or on behalf of the
Samiti concerned; Provided
that a person shall not be deemed to acquire or attempt to acquire or continue
to have or stipulate for or agree to receive any share or interest in any
contract or employment by reason only of his - (a)
having
acquired any interest before he became a member or office bearer; (b)
having a
share in a joint stock company which makes the contract; and (c)
having a
share or interest in the occasional sale through the Samiti concerned of an
article in which he regularly trades upto a value not exceeding Rs. 50 in any
one year. (2)
No court or
other authority shall enforce at the instance of any person a claim based upon
a transaction in contravention of the provisions of sub- section (1). (1)
Notwithstanding
anything to the contrary contained in any other provisions of this Act or the
rules made thereunder, every Gram Panchayat shall constitute such committee or
committees as may be notified by the State Government from time to time, to
assist the Gram Panchayat in the performance of all or any of its functions and
may delegate to such committee or committees such of its powers or functions as
it may deem fit. (2)
Every
committee constituted under sub-section (1) shall consist of a Chairman and six
other members, who shall be elected by the members of the Gram Panchayat from
amongst themselves in the prescribed manner; Provided
that in each such committee there shall be atleast one woman member, one member
belonging to the Scheduled Castes or the Scheduled Tribes and one member
belonging to backward classes; Provided
further that the State Government may, by notification, direct that the Pradhan
or Up-Pradhan or any other member of Gram Panchayat shall be the Chairman of
any such committee.][121] (1)
Subject to
such rules as may be prescribed, two or more [122][Gram
Panchayat] may combine by means of a written instrument to appoint a joint
committee consisting of other representatives, for the purpose of transacting
any business in which they are jointly interested and may - (a)
delegate to
such Committee Power, with such conditions as they may think proper to impose,
to frame any scheme binding on each Gram Panchayat as to the construction and
maintenance of any joint work and as to the power which may be exercised by any
such Gram Panchayat in relation to such scheme; and (b)
frame or
modify rules regarding the continuation of such committee and the terms of
office of members thereof and the method of conducting proceedings and
correspondence. (2)
If any
difference of opinion arises between the Gram Panchayats acting under this
section, it shall be referred to the prescribed authority whose decision
thereon shall be final. (3)
Where the
prescribed authority so directs, two or more Gram Panchayats shall appoint a
joint committee under this section for the joint discharge of any of the
functions specified in Sections 15 and 16. [123][* * *] (1)
There shall
be a Gaon Fund for each [124][Gram
Panchayat] and the same shall, subject to the provisions of the annual estimate
of income and expenditure passed under Section 41, be utilized for carrying out
the duties or obligation imposed upon the Gram Sabha or the Gram Panchayat or
any committee thereof by this or any other enactment; Provided
that such amount up to the total of all sums credited to the Gaon Fund under
the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, minus the
amount credited to the Consolidated Gaon Fund under Section 125-A of that Act
as may be required by the Bhumi Prabandhak Samiti for being utilized in carrying
out its duties or obligations shall be made available out of the Gaon Fund to
the Bhumi Prabandhak Samiti every year; Provided
further that in the event of any difference between the Bhumi Prabandhak Samiti
on the one hand and the Gram Panchayat or Gram Sabha on the other hand about
the requirements of funds by the Bhumi Prabandhak Samiti the matter shall be
referred by the Pradhan to the prescribed authority whose decision shall be
binding. (2)
The
following shall be credited to the Gaon Fund. (a)
The proceeds
of any tax imposed under this Act. (b)
All sums
handed over by the State Government to the [125][Gram
Panchayat.] (c)
The balance,
if any, standing to the credit of the village Panchayat previously in existence
under the Village Panchayat Act. (d)
All sums
ordered by a Court [or required under any law] to be placed to the credit of
the Gaon Fund. (e)
All sums
received under Section 104. (f)
The sale
proceeds of all dust, dirt, dung or refuse including the dead bodies of animals
collected by the servants of the Gram Panchayat. (g)
Such portion
of the rent or other proceeds of nazul property as the State Government may
direct to be placed to the credit of the Gaon Fund. (h)
Sums
contributed to the Gaon Fund by any 1[Zila Panchayat] or other
local authority. (i)
All sums
received by way of loan or gift. (j)
Such other
sums as may be assigned to the Gaon Fund by any special or general order to the
State Government. (k)
All sums
received by the Gram Panchayat from any individual or corporation or the State
Government under Section 24 or any other law. [126][(l) All sums received by way of grants-in-aid from the consolidated
fund of the State. (3)
Nothing in
this Act shall affect any obligation of a [127][Gram
Panchayat] arising from a trust legally imposed upon or accepted by it. [128][(4) All withdrawal of moneys from the Gaon Fund and disbursement
thereof shall be made jointly by the Pradhan and the Secretary of the Gram
Panchayat]. (1)
The Governor
shall, as soon as may be, within one year from the commencement of the Constitution
(Seventy-third Amendment) Act, 1992 and thereafter at the expiration of every
fifth year, constitute a Finance Commission to review the financial position of
the Gram Panchayat, Kshettra Panchayat and Zila Panchayat and to make
recommendations to the Governor as to - (a)
the
principles which should govern - (i)
the
distribution between the State and the Gram Panchayats, Kshettra Panchayats and
Zila Panchayats of the net proceeds of the taxes, duties, tolls and fees
leviable by the State, which may be divided between them and the allocation
between the Gram Panchayats, Kshettra Panchayats and Zila Panchayats of their
respective shares of such proceeds; (ii)
the
determination of the taxes, duties, tolls and fees which may be assigned to, or
appropriated by the Gram Panchayats, Kshettra Panchayats and Zila Panchayats; (iii)
the
grants-in-aid to the Gram Panchayats, Kshettra Panchayats and Zila Panchayats; (b)
the measures
needed to improve the financial position of the Gram Panchayats, Kshettra
Panchayats and Zila Panchayats; (c)
any other
matter referred to the Financial Commissions by the Govrnor in the interest of
sound finance of the Gram Panchayats, Kshettra Panchayats and Zila Panchayats; (2)
The Finance
Commission shall consist of Chairman and tow other members who shall possess
such qualifications and shall be selected in such manner as may be prescribed. (3)
The Finance
Commission shall determine their procedure. (4)
The Chairman
or a member of the Finance Commission may resign his office by writing under
his hand addressed to the Governor but shall continue in his office till the
resignation is accepted. (5)
A casual
vacancy in the office of the Chairman or a member of the Finance Commission may
be filled for the remained of the period of his predecessor. (6)
The Finance
Commission shall have the following powers for the performance of its
functions, namely - (a)
call for any
record from any officer or authority; (b)
summon any
person to give evidence or produce a record; and (c)
such other
powers as may be prescribed; (7)
The Governor
shall cause every recommendation made by the Finance Commission under this
section together with an explanatory memorandum as to the action, taken thereon
to be laid before both the Houses of State Legislature.][129] Where a Gram
Panchayat or a number of Gram Panchayats which have combined under the
provisions of Section 20 or 30 require any land to carry out any purposes of
this Act, it or they shall first try to have the land by private negotiation
and if the parties concerned fail to arrive at an agreement, such Gram
Panchayat or Gram Panchayats may make any application in the prescribed form to
the Collector to acquire land and the Collector may acquire such land for such
Gram Panchayat of Gram Panchayats. Explanation
- In this chapter the expression 'land' includes benefits to arise out of land
and things attached to the earth or permanently fastened to anything attached
to the earth. (1)
Subject to
any special reservation made by the State Government, all public property
situated within the jurisdiction of Gram Panchayat shall vest in and belong to
the Gram Panchayat and shall, with all other property which may become vested
in the Gram Panchayat, be under its direction, management and control. (2)
All markets
and fairs or such portion thereof as are held upon public land shall be managed
and regulated by the Gram Panchayat and the Gram Panchayat shall receive to the
credit of the Gaon Fund all dues levied or imposed in respect thereof. Where any
dispute arises as regards the ownership of any property mentioned in Section 34
between a Gram Panchayat and any person, the Gram Panchayat shall give such
person a reasonable opportunity of being heard and then decide whether to treat
the said property as the property of the Gram Panchayat. A [131][Gram
Panchayat] may borrow money from the State Government or with the prior
sanction of the prescribed Authority and subject to such conditions as may be
prescribed from any financial corporation established by law or any scheduled
bank or the Uttar Pradesh Co-operative Bank or a District Co- operative Bank
[or from any other Gram Panchayat] to carry out any of the purposes of this Act. (1)
A [132][Gram
Panchayat] shall levy the taxes described in clauses (a) and (b) and may levy
all or any of the taxes, fees and rates described in clauses (c), (d), (e),
(f), (g), (h), (i), (j), and (k), hereinafter appearing namely : (a)
in areas
where the right, title and interest of intermediaries have been acquired under
the Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. 1 of 1952),
the Jaunsar Bawar Zamindari Abolition and Land Reforms Act, 1956 (U.P. Act XI
of 1956) or the Kumaun and Uttarakhand Zamindari Abolition and Land Reforms
Act, 1960 (U.P. Act XVII of 1960) a tax on land 1[not less than
twenty-five paise by not exceeding fifty paise] in a rupee on the amount of
land revenue payable or deemed to be payable therefor; Provided
that where the land is in the actual cultivation of a person other than the
person by whom the land revenue therefore is payable or deemed to be payable
the tax shall be payable by the person in actual cultivation. (b)
in areas
other than those referred to in clause (a), a tax on land revenue [not less
than twenty five paise but not exceeding fifty paise] in a rupee on the amount
of land revenue payable by a tenant, by whatever name called, under the law in
force relating to land tenures; Provided
that where the land is in the actual cultivation of the person other than the
person liable to pay land revenue therefore, the tax shall be payable by the
person in actual cultivation of such land.] [133][(c) a tax on theater, cinema or similar entertainment temporarily
stationed in the area of the [134][Gram
Panchayat] not exceeding five rupees per diem; (d) a tax payable by the owner thereof on animals and vehicles other
than mechanically propelled vehicles kept within the area of the [135][Gram
Panchayat] and plied for hire, at there rate - (i)
in the case
of animals, not exceeding three rupees per animal per annum; (ii)
in the case
vehicles, not exceeding six rupees per vehicle per annum; (e) a tax on person, not being
persons assessed to tax under clause © exposing goods for sale in markets,
hats, or melas belonging to or under the control of the Gram Panchayat
concerned; (f) fees on the registration of
animals sold in any market or place belonging to or under the control of the
Gram Panchayat; (g) fees for the use of
slaughter-houses and encamping grounds; (h) a water rate where water for
domestic consumption is supplied by the Gram Panchayat; (i) a tax for cleaning private
latrines and drains payable by the owners or occupiers of the houses to which
the private latrine or drain is attached, where such cleaning is done through
the agency of the Gram Panchayat; [136][(j) a tax for cleaning and lighting of streets and sanitation;] (k) an irrigation rate where
water for irrigation purposes is supplied by the Gram Panchayat from any small
irrigation project constructed or maintained by it, and [137][(l) any other tax which the State Legislature has the power under the
Constitution, including Article 277 thereof, to impose in the State and of
which imposition by the Gram Panchayat has been authorized by the State
Government.] (2)
The taxes,
rates and fees under sub-section (1) shall be imposed, assessed and realised in
such manner and at such times as may be prescribed. (1)
An appeal
against the levy of a tax, rate or fee by the [138][Gram
Panchayat] shall lie to the prescribed authority. (2)
Where it is
brought to the notice of the prescribed authority, that a tax, rate or fee has
not been imposed on any person on whom it should have been imposed, it may
direct the [Gram Panchayat] to impose it on that person or persons and the
[Gram Panchayat] shall thereupon act accordingly. All dues on
account of the taxes imposed and other sums payable to a [Gram Panchayat] under
this Act shall be recorded as arrears of land revenue if the [Gram Panchayat]
concerned passes a resolution to that effect within three months from the date
of assessment; Provided
that where a Gram Panchayat fails to pass such a resolution within the said
period of three months the prescribed authority shall authorise the recovery of
the arrears of taxes as arrears of land revenue. (1)
The State
Government may remit the whole or part of any tax, rate or fee levied by a
[Gram Panchayat] in respect of a period whether or after the commencement of
U.P. Panchayat Raj (Amendment) Act, 1954. (2)
The power
exercisable by the State Government under sub-section (1) shall also be
exercisable either generally or in any specified area by the prescribed
authority under such circumstances as the State Government may prescribe. (3)
A Gram
Panchayat also may be resolution and under such circumstances as may be
prescribed remit the whole or part of any such tax, rate or fee imposed or
levied by it, provided that no such resolution shall take effect unless it is
approved by the prescribed authority. (4)
Where any
tax, rate or fee has been remitted under sub-section (1 to (3), any sum
realized from the assessee on account of the tax, rate or fee so remitted shall
be refunded to him by the Gram Panchayat. The Gram
Panchayat shall, as prescribed, arrange for the realization of Panchayat taxes
and dues, custody of its funds and maintenance of accounts. (1)
The expenses
of Nyaya Panchayat shall be charged to the Gaon Fund or Gaon Funds of the Gram
Panchayat comprised in the circle in such proportion as may be determined by
the prescribed authority. (2)
All sums
realised by way of court-fees or fines in a case tribal under this Act shall be
credited to the State Government, but the State Government shall out of the sums
so realized pay by way of grant such portion not exceeding fifty per centum as
it may fix to the [139][Gram
Panchayat] concerned for defraying the exepenses of the Nyaya Panchayat. The accounts
of every Gram Panchayat and Nyayaa Panchayat shall be audited [140][every
year] in such manner, [141][and
on payment of such fee] as may be prescribed. Every Gram
Panchayat shall within such period and in such manner as may be prescribed,
prepare a statement of the estimated receipts and expenditure of the Gram
Panchayat for the financial year commencing on the first day of April next
following which shall be passed by the Gram Panchayat by a simple majority of
the members present and voting at a meeting of the Gram Panchayat and the
quorum for such a meeting shall be more than half of the total number of the
members of the Gram Panchayat.][142] (1)
The State
Government or the prescribed authority shall divide a district into circles,
each circle comprising as many areas subject to the jurisdiction of the [Gram
Panchayat] as may be expedient, and establish Nyaya Panchayat of each such
circle; Provided
that the areas of [Gram Panchayat] within each circle shall, as far as possible
be contiguous. (2)
Subject to a
minimum of ten and a maximum of twenty-five, every Nyaya Panchayat at shall
have such number of members as may be prescribed, but it shall be lawful for a
Nyaya Panchayat to function notwithstanding any vacancy therein; Provided the
number of Panches therein is not less than two-thirds of the prescribed
strength. (1)
There shall
be appointed by the prescribed authority out of the members of a Gram Panchayat
such number of persons, as may be prescribed to the Panches of the Nyaya
Panchayat and thereupon the members so appointed shall cease to be member of
the Gram Panchayat and their seats in the Gram Panchayat shall be filled, as
far as may be in the manner provided in Section 12; [143][Provided that if the requisite number of members of a Gram Panchayat
are not available for being Panches of the Nyaya Panchayat, it shall be lawful
for the prescribed authority to fill in any seat so remaining vacant by
nomination from amongst other members of the Gram Panchayat.] (2)
No person
may be appointed as a Panch of the Nyaya Panchayat unless he has the
qualification that may be prescribed; Provided
that where suitable person having the prescribed qualifications are not
available for such appointment any or all of such qualifications may, by an
order in writing, be relaxed by the prescribed authority. The Panches
appointed under Section 43 shall, in the manner and within the period to be prescribed,
elect from amongst them two persons who are able to record proceedings, one as
the Sarpanch and the other as the Sahayak Sarpanch; Provided
that if the Panches fail to elect the Sarpanch or the Sahayak as aforesaid the
prescribed authority may appoint the Sarpanch or the Sahayak Sarpanch. The term of
every Panch of a Nyaya Panchayat shall commence on the date of his appointment
as such, and unless otherwise determined under the provisions of this Act,
shall expire with the Gram Panchayat, from which he was appointed; Provided
that Sarpanch and the Sahayak Sarpanch shall continue in office until their
respective successors are elected or appointed. [144][* * *] A Panch, a
Sarpanch or Sahayak Sarpach may resign his office as such by writing under his
hand addressed to such authority as may be prescribed and his office shall
thereupon become vacant. [145][* * *] (1)
The Sarpanch
shall form Benches consisting of five Panches each for the disposal of cases
and inquiries coming up before the Nyaya Panchayat. (2)
The
formation of Benches, the period for which they will work including the hearing
of part heard cases, the method of distribution, transfer or re-transfer of
work among the Benches and procedure generally to be followed by them in cases
and enquiries shall be governed by rules. (3)
No Panch,
Sarpanch or Sahayak Sarpanch shall take part in the trial of or inquiry in any
case to which he or any relation, employer, employee debtor, creditor or
partner of his is a party or in which any of this is personally interested. (4)
Notwithstanding
anything contained in this section, the State Government may prescribe the
constitution of Special Benches for the trial of any class or classes of cases; Provided
that the State Government may at any time order for the reconstitution of such
Special Bench. (5)
Any dispute
relating to the formation of Benches or method of their working, shall be referred
to the prescribed authority whose decision shall be final. (1)
If a vacancy
in the office of a Panch arises by reason of his death, removal or resignation
it shall, subject to the provisions of Section 45, be filled for the unexpired
part of his terms by the prescribed authority by appointing a person from
amongst the members for the time being of the Gram Panchayat, and if the Panch
vacating the office was also Sarpanch or Sahayak Sarpanch a new Sarpanch or Sahayak
Sarpanch, as the case may be, shall be elected in the manner provided in
Section 44. (2)
Any person
appointed as Panch undr sub-section (1) shall cease to be a member of the Gram
Panchayat from the date of his appointment and the vacancy so caused in the [146][Gram
Panchayat] shall be deemed to be a casual vacancy for the purpose of Section
12-H. The Sahayak
Sarpanch shall exercise such powers of the Sarpanch as may be prescribed. (1)
Notwithstanding
anything contained in the [Code of Crminal Procedure, 1973] every criminal case
triable by a Nyaya Panchayat shall be instituted before the Sarpanch of the
Nyaya Panchayat of the circle in which the offence is committed. (2)
Notwithstanding
anything contained in the Civil Procedure Code, 1908, every civil case
instituted under this Act shall be instituted before the Sarpanch of the Nyaya
Panchayat of the circle in which the defendant or, where there are more than
one, all the defendants ordinarily reside or carry on business at the time of
the institution of the civil case irrespective of the place where the cause of
action arose. (1)
The
following offences as well as abetments of and attempts to commit such offices,
if committed with the jurisdiction of a Nyaya Panchayat shall be cognizable by
such Nyaya Panchayat] : (a)
Offences
under section 140, 160, 172, 174, 179, 269, 277, 283, 285, 289, 290, 294, 324,
334, 341, 352, 357, 358, 374, 379, 403, 411 (where the value of the stolen or
misappropriated property in cases under Sections 379, 403 and 411 does not
exceed fifty rupees), 4276, 428, 430, 431, 447, 448, 504, 506, 509, and 510 of
the Indian Penal Code, 1860; (b)
Offences
under sections 24 and 26 of the Cattle Trespass Act, 1871; (c)
Offences
under sub-section (1) of 10 of the United Provinces District Board Primary
Education Act, 1926; (d)
Offences
under Section 3, 4, 7 and 13 of the Public Grambling Act, 1867; (e)
Any other
offence under aforesaid enactments or any other enactment as may, by
notification in the official Gazette, be declared by the State Government to be
cognizable by a Nyaya Panchayat; and (f)
Any offence
under this Act or any rule made thereunder. (1-A) The State Government may by order published in the Official
Gazette empower any Nyaya Panchayat to take cognizance of offences under
Section 279, 286, 336 and 356 of the Indian Penal Code, 1860 and may likewise
withdraw any offence referred to in clauses (a) to (d) of sub-section (1) from
the cognizance of Nyaya Panchayats generally or such Nyaya Panchayats as may be
specified. (2)
Any criminal
relating to an offence under Section 143, 145, 151 or 153 of the Indian Penal
Code, 1860, pending before any court may be transferred for trial to the Nyaya
Panchayat if in the opinion of such court the offence is not serious. (1)
Wherever the
Sarpanch of a Nyaya Panchayat has reason to apprehend that any person is likely
to commit a breach of peace or disturb public tranquility, he may call upon
such person to show cause how he should not execute a bond or an amount not
exceeding Rs. 100 with or without sureties for keeping the peace for a period
not exceeding 15 days. (2)
The Sarpanch
shall after issue of such notice report the matter to a Bench. The Bench may
either confirm the order or discharge the notice after hearing such person and
such witnesses as he may desire to produce. (3)
If the
person required to execute a bond as aforesaid under sub-section (2) fails to
do so, he shall be liable to pay a penalty up to five rupees as the Bench may
fix for every day if the default continues during the period fixed in the
order. (1)
No Nyaya
Panchayat shall inflict a substantive sentence of imprisonment. (2)
A Nyaya
Panchayat may impose a fine not exceeding [147][two
hundred and fifty rupees] but not imprisonment may be awarded in default of
payment; Provided
that no accused shall be tried for more than three offences in the same
criminal case and the fine that may be imposed on any one accused in a criminal
case shall not in the aggregate exceed [148][two
hundred and fifty rupees]. (1)
After a
Nyaya Panchayat has been established for any area, no Court except as otherwise
provided in this Act shall take cognizance of any case triable by such Nyaya
Panchayat. (2)
When a Nyaya
Panchayat is suspended, superseded or dissolved under Section 95, or for any
other reason ceases to function all cases pending before it shall stand
transferred to the Court of competent jurisdiction which shall dispose them of
according to law; Provided
that the trial of all such cases in Court shall commence de novo; Provided
further that a Nyaya Panchayat shall not be deemed to cease to function merely
for the reason that is Panches have to be re-elected. (3)
Notwithstanding
anything contained in Section 52 and in sub-section (1) of this section any
court may take cognizance of any offence under Section 431 and 447 of the
Indian Penal Code, 1860, if it is otherwise competent to do so. (4)
Notwithstanding
anything contained in Section 52 and Sub-section (1) to (3) of this section but
subject always to the provisions of the Code of Criminal Procedure, 1898, (Now
Act 2 of 1974) where any Court has taken cognizance of any offence referred to
in the said section and a summons or warrant, as the case may be, has been
issued for the appearance of the accused in such case, the offence may be
enquired into and tried by such Court. A Court if
it finds that a case is triable by a Nyaya Panchayat, shall, except as provided
in sub-section (4) of Section 55 transfer the case to the Nyaya Panchayat of
competent jurisdiction which shall thereafter try the same de novo. A Nyaya
Panchayat may dismiss any complaint if after examining the complainant and
taking such evidence as he produces it is satisfied that the complaint is
frivolous, vexatious or untrue. If at any
time it appears to a Nyaya Panchayat - (a)
that it has
no jurisdiction to try any case pending before it. (b)
that the
offence involved is one for which it cannot award adequate punishment, or (c)
that the
case should other wise be tried by a court; it shall transfer the same to the
Court of competent jurisdiction and shall give information of such transfer to
the parties concerned. No Nyaya
Panchayat shall take cognizance of any criminal case against a person where
such person (a)
has been
previously convicted of an offence punishable with imprisonment of either
description for a term of three years or more. (b)
has been
previously fined for theft by any Nyaya Panchayat. (c)
has been found
over to be of a good behaviour under [149][Sections
109 or 110 of the Code of Criminal Procedure, 1973]. (d)
has been
previously convicted under the Public Gambling Act, 1867, or (e)
is a public
servant. In imposing
any fine the Nyaya Panchayat may order any portion or the whole of the fine
recovered to be applied - (a)
in defraying
the expenses properly incurred in the criminal case by the complainant. (b)
In the
payment to any person of compensation for any material loss or injury caused by
the offence, or (c)
In
compensation any bona fide purchaser of stolen property for loss of the same,
where property is re-stored to the possession of the person entitled thereto. (1)
If any
criminal case instituted before a Nyaya Panchayat any person is accused of any
offence triable by a Nyaya Panchayat and the Nyaya Panchayat acquits the
accused and is of the opinion that the accusation against him was false and
either frivolous or vexatious, the Nyaya Panchayat may call upon the
complainant forthwith to show cause why he should not pay compensation to such
accused. (2)
If after
hearing the complainant, the Nyaya Panchayat is satisfied that the accusation
was false and either frivolous or vexatious, it may direct that compensation
not exceeding twenty-five rupees be paid by such complainant to the accused. The powers
under Section 4 of the U.P. First Offenders Probation Act, 1938, may be
exercised by a Nyaya Panchayat. Notwithstanding
anything in the Code of Criminal Procedure, [150][1973]
a Magistrate may direct and enquiry referred to in Section 202 of the Code to
be made by a Nyaya Panchayat in a criminal case in which the offence was
committed within the territorial jurisdiction of such Nyaya Panchayat and the
Nyaya Panchayat shall enquire into the case and submit its report the said
Magistrate. On the receipt of the directions the Sarpanch or Sahayak Sarpanch
and in their absence the Panch mentioned in Section 75 shall entrust it to a
Bench formed under Section 49. (1)
Subject to
the provisions of Section 66 a Nyaya Panchayat may taken cognizance of any
civil case of the following description if its value does not exceed one
hundred rupees - (a)
a civil case
for money due on contract other than a contract in respect of immovable
property; (b)
a civil case
for the recovery of movable property or for the value thereof; (c)
a civil case
for compensation for wrongfully taking or injuring a movable property; and (d)
a civil case
for damages caused by cattle trespass. (2)
The State
Government may, by notification in the official Gazette, direct that the
jurisdiction of any Nyaya Panchayat shall extend to all such civil cases of the
value not exceeding five hundred rupees. [151][* * *] Subject to
the provisions of Section 64, a Nyaya Panchayat, shall have no jurisdiction to
take cognizance of the following civil cases - (1)
a civil case
for a balance due on partnership account, except where the balance has been
struck by the parties or their agents; (2)
a civil case
for a share or part of a share under an intestacy or for a legacy or part of a
legacy under a will; (3)
a civil case
by or against the State Government or the Central Government or a public
servant for acts done in his official capacity; (4)
a civil case
by or against a minor or a person of unsound mind, and (5)
a civil case
the cognizance of which by a Panchayat established under U.P. Village Panchayat
Act, 1920, is barred by Section 25 of the United Provinces Debt Redemption Act,
1940. (1)
Every civil
case instituted before a Nyaya Panchayat shall include the whole of the claim
which the plaintiff is entitled to make in respect of the matter in dispute,
but he may relinquish any portion of his claim in order to bring the suit
within the jurisdiction of the Nyaya Panchayat. (2)
If a
plaintiff omits to sue in respect of or relinquishes any portion of his claim,
he shall not afterwards sue in respect of the portion so omitted or relinquished. Every civil
case instituted before Nyaya Panchayat after the period of limitation
prescribed therefor in the Schedule shall be dismissed, even though limitation
has not been set up as defence; Provided
that in computing the period of limitation prescribed for any civil case the
time during which the plaintiff has been prosecuting with due diligence another
civil case against the defendant in any court shall be excluded where the other
case is founded upon the same cause of action and is prosecuted in good faith
in a Court which from defect of jurisdiction or other cause of a like nature is
unable to entertain it. (1)
The decision
of Nyaya Panchayat on the question of the title, legal character contract or
obligation shall not bind the parties except in respect of the civil case in
which such matter is decided. [152][(2) No conviction ordered by a Nyaya Panchayat shall by itself operate
as, or be the basis of any disqualification or penalty under any law for the
time being in force. [153][* * *] [154][* * *] [155][* * *] (1)
No Nyaya
Panchayat shall try any civil case, proceedings or issue in respect of any
matter which is pending for decision in or has been heard or decided by a court
of competent jurisdiction in a former civil case between the same parties or
between the parties under whom they or any of them claim. (2)
Where a
criminal case is pending in any court against an accused in respect to any
offence or where an accused has been tried for any offence, no Nyaya Panchayat
shall take cognizance of any such offence or on the same facts, of any other
offence of which the accused might have been charged or convicted. Where a
criminal or civil case is maintainable in more than one Nyaya Panchayat the
complainant or the plaintiff as the case may be, may bring the criminal or
civil case in any one of such Nyaya Panchayats. Any dispute regarding
jurisdiction shall be decided by the Judicial Magistrate or Munsif having
jurisdiction as the case may be. Section 10
of the Code of Civil Procedure, 1908, shall apply to trial of [157][*
* *] civil cases pending before two or more Nyaya Panchayats having
jurisdiction. Where it is
uncertain in which of several circles an offence was committed or where an
offence was committed partly in one circle and partly in another or where an
offence is a continuing one and continues to be committed in more circles than
one or where it consists of several acts done in different circles, it may be
enquired into by a Nyaya Panchayat, having jurisdiction in any such circle. (1)
Any person
who wishes to institute [158][a
civil case or a criminal case] under this Act before a Nyaya Panchayat may make
an application orally or in writing to the Sarpanch and in his absence to the
Sahayak Sarpanch of the Nyaya Panchayat or in case of their absence from the
circle to such other Panch as may have been appointed by the Sarpanch in this
behalf and shall at the same time pay the prescribed fee. The Court Fees Act
VII, 1870, shall not apply to Nyaya Panchayats except as may be prescribed. In
every civil case the plaintiff shall state its value. (2)
Where a [* *
*] case in instituted orally the Sarpanch, Sahayak Sarpanch or Panch receiving
the application shall record without delay the prescribed particulars and the
signature or thumb-impression of the applicant shall be taken thereon. The
Sarpanch, Sahayak Sarpanch or in their absence the Panch mentioned in Section
75, shall thereupon lay the application before a Bench of the Nyaya Panchayat
formed under Section 49 for disposal and shall also fix a date for the first
hearing of the applicatioin before the said bend and give notice of the date of
the applicant complainant or plaintiff as the case may be and to the members of
the Bench. The Bench
shall choose one of the members to be the Chairman of that Bench who shall
conduct the proceedings; Provided
that were the Sarpanch or the Sahayak Sarpanch is a member of the Bench, he,
and where both of them are members of the same Bench, the Sarpanch shall be the
Chairman. (1)
If any Panch
appointed to a Bench constituted under Section 49 is absent at any hearing, the
remaining Panches may, notwithstanding anything contained in this Act, try the
case, provided, however that at least three Panches including the Chairman, are
present, and provided further that at least one of the Panches present is able
to record evidence and proceedings. (2)
No trial as
aforesaid shall be invalid to reason merely that all the five panches forming
the Bench were not present at any hearing or that the same Panches were not
present at all the hearings. (3)
The
provisions of sub-sections (1) and (2) shall mutates mutandis apply to an
inquiry made by a Nyaya Panchayat under Section 63. [159][(1) If the plaintiff or the complainants, as the case may be, fails to
appear after having been informed of the time and place fixed for hearing, the
Nyaya Panchayat may dismiss the case or pass such other order as it may deem
fit. (2) The Nyaya Panchayat may hear
and decide [160][civil
or a criminal case in the absence of the defendant or the accused, as the case
may be], if the summons have been served upon him or if he has been informed of
the time and place fixed for hearing. (1)
Except as
provided in sub-section (2), or to correct a clerical error, a Nyaya Panchayat
shall have no power to cancel, revise or alter any decree or order passed by
it. (2)
A Nyaya
Panchayat may, for sufficient reasons to be recorded, on application made
within one month of the date of the decree or order or knowledge thereof in
case personal service of summons has not been effected, restore any [civil or
criminal case] which has been dismissed in default or in which a decree or
order has been passed ex parte. Notwithstanding
anything contained in this Act or in any other law for the time being in force,
it shall be lawful for a Nyaya Panchayat to decide any dispute arising in its
local area and not pending in any Court in accordance with any settlement,
compromise or oath agreed upon in writing by the parties. (1)
The Nyaya
Panchayat shall receive such evidence in a [161][civil
case or criminal case] as the parties may adduce and may call for such further
evidence as, in their opinion, may be necessary for the determination of the
points in issue. It shall be the duty of the Nayay Panchayat to ascertain the
facts of every [civil case or criminal case] before it by every lawful means in
its power and thereafter to make such decree or order with or without cost, as
to it may seem just and legal. It may make local investigation in the [162][locality]
to which the dispute relates. It shall follow the procedure prescribed by or
under this Act. The code of Civil Procedure, 1908 the [163][Code
of Criminal Procedure, 1973] the Indian Evidence Act, 1872 and [the Indian
Limitation Act, 1963] shall not apply to any [164][civil
case or criminal case] in a Nyaya Panchayat except as provided in this Act or
as may be prescribed. (2)
Nothing in
this sub-section shall entitle any party to compound any offence which is not
compoundable under the provisions of the 2[Code of Criminal
Procedure 1973] or to compound an offence without the permission of the Bench
concerned, if it is compoundable with permission under the provisions of said
Code. [165][(3) Where in the opinion of the Nyaya Panchayat, any party deliberately
delays the disposal of a case it may impose on such party costs not exceeding
five rupees payable to the other party. In the event
of any disagreement between the Panches the opinion of the majority shall
prevail. (1)
On the
application of any of the parties and after notice to the parties and after
hearing such of them as desired to be heard or on his own motion without such
notice the Judicial Magistrate or the Munsif according to the case pending
before a Nyaya Panchayat in [166][criminal
or civil case] may, at any stage, withdraw the same and - (i)
try to
dispose of the same, or (ii)
transfer it
to another Bench of the Nyaya Panchayat, or (iii)
transfer the
same for trial or disposal to any other [167][Magistrate
or Munsif] competent to try or dispose of the case. (2)
Where any
criminal or civil case has been withdrawn under sub-section (1), the court
which thereafter tries it may either retry it or proceed from the state at
which it was withdrawn. (3)
If any
application under sub-section (1) is either frivolous or vexatious the
applicant may be fined up to fifty rupees by the [168][Judicial
Magistrae or the Munsif], as the case may be. A Nyaya
Panchayat may, if considers the evidence of or the production of a document by
any person necessary in a [civil or criminal case] issue and cause, to be
served in the prescribed manner, a summons on such person to compel his
attendance or to produce or cause the production of such documents, and such
person shall be bound to comply with the direction contained in the summons. If any
person who is summoned by a Nyaya Panchayat by a written order to appear to
give evidence or to produce any document before it, willfully disobeys such
summons or notice or order, the Nyaya Panchayat may make a complaint to the
Magistrate having jurisdiction and the said person shall be punishable with
fine which may extend to twenty-five rupees; Provided
that no woman shall be compelled to appear in person before the Nyaya Panchayat.
She may be examined on commission in the manner prescribed; Provided
also that if a document is produced in obedience to a summons issued under this
section, the Nyaya Panchayat shall cause the document to be copies, mark the
copy, after comparing with original, to be true copy and return the original
document to the person producing the same; Provided
further that where it appears to the Nyaya Panchayat that a witness is unable
to appear before it by reason of illness or physical infirmity or that his
presence cannot be procured without unreasonable delay, expense or
inconvenience, it may, subject to such restrictions as may be prescribed, issue
a commission in the manner prescribed to take the evidence of such witness. The
evidence so taken shall form part of the record of the case. A Nyaya
Panchayat may dismiss any civil [169][*
* *] case if after examining the plaintiff or the applicant it is satisfied
that the civil [170][*
* *] case is frivolous, vexatious or unture. (1)
A [171][Judicial
Magistrate or Munsif] according as it is criminal or civil case may either on
his own motion or on the application of any party made within 60 days from the
date of the order complained of where personal service of summons had not been
effected on the application from the date or the knowledge of the order call
for the record of any case which has been decided by a Nyaya Panchayat and if
it appears to him that injustice or material irregularity has occurred, he may
make such order in the case as he thinks fit. Explanation
- Failure to exercise a jurisdiction vested by law or exercise of jurisdiction
in excess of that vested by law shall for purpose of this section be deemed to
be a material irregularity. (2)
Without
prejudice to the generality of the foregoing provisions, the [Judicial
Magistrate or Munsif], as the case may be, may - (a)
quash the
decree or order passed by the Nyaya Panchayat. (b)
modify the
order, (c)
remand the
case to the Nyaya Panchayat for retrial with such direction as he may deem fit,
or (d)
try the case
himself or transfer it to another court or officer competent to try the same. (3)
If any
application under sub-section (1) is found by the [Judicial Magistrate or
Munsif] as the case may be frivolous or vexatious, he may, for reasons to be
recorded, make an order for the payment to the opposite party by the
application of special costs not exceeding fifty rupees by way of compensation. (4)
Except as
aforesaid, a decree or order passed by a Nyaya Panchayat in any [civil or
criminal case] shall not be open to appeal or revision in any court. (5)
Notwithstanding
anything contained in Section 95 where any Judicial Magistrate or Munsif
records a finding in an order passed under this section that any Bench or
Panches (including any Sarpanch) of a Nyaya Panchayat has or have in relation
to the case which gave rise to the revision, behaved in a manner becoming of
his or their offices the prescribed authority may remove such Panch or Panches
on the basis of such finding and it shall not be necessary to give him or them
any opportunity to show cause against the action proposed. A Nyaya
Panchayat after an application is made under Section 75 shall, unless it has
been dismissed or otherwise disposed of under the provisions of this Act, cause
summons in the prescribed form to be served in the prescribed manner on the
defendant or the accused person requiring him to attend and produce his
evidence at such time and place as may be stated in the summons and shall at
the same time direct the plaintiff or complainant [172][*
* *] to attend and produce his evidence at such time and place. [173][* * *] If on the
application of the decree-holder or the judgment debtor the Nyaya Panchayat
which passed the decree finds after enquiry that the decree has been satisfied
wholly or in part, the Nyaya Panchayat shall record the fact in the prescribed
register. (1)
A decree or
order passed by a Nyaya Panchayat shall be executed by it in such manner as may
be prescribed. If the property of the defendant is situated outside the
jurisdiction of the Nyaya Panchayat passing the decree or order, it may in the manner
prescribed, transfer the decree or order for execution to the Nyaya Panchayat,
with in whose jurisdiction the property may situated, and if there be no Nyaya
Panchayat then to the court of the [174][Munsif]
as the case may be within whose jurisdiction it may be situated. (2)
If a Nyaya
Panchayat finds any difficulty in executing decree or order, it may forward the
same to the [175][Munsif]
who shall then execute the same as if it were decree or order passed by him. Any fine
imposed, or compensation ordered to be paid in Section 61 by a Nyaya Panchayat
shall be recoverable in the manner prescribed. But if the Nyaya Panchayat finds
any difficulty in its recovery, it may request the Judicial Magistrate within
whose jurisdiction the Nyaya Panchayat lies to recover it and he shall recover
it as if the sentence of find had been passed by him. (1)
If any
person intentionally offer any insult a Nyaya Panchayat or any member thereof,
while it is sitting in any stage of judicial proceedings in its or his view or
presence or refuses to take oath duly administered or sign a statement made by
the said persons when legally required to do so, the Nyaya Panchayat may at any
time before rising on the same day take cognizance of the offence and sentence
the offender to a fine not exceeding ten rupees. (2)
The fine
imposed under sub-section (1), shall, for the purposes of Section 94 be deemed
to be a fine imposed in a criminal case. (1)
The State Government
may - (a)
cause to be
inspected an immovable property owned used or occupied by a Gram Panchayat, or
a joint committee [176][or
a Nyaya Panchayat] or any work in progress under the direction of such [Gram
Panchayat] [177][or
Joint Committee or a Nyaya Panchayat]. (b)
by an order
in writing call for and inspect a book or document in the possession or under
the control of a Gram Panchayat or a Joint Committee or a Nyaya Panchayat. (c)
by an order
in writing require a Gram Panchayat or a Joint Committee or a Nyaya Panchayat
to furnish such statements, reports or copies of documents relating to the
proceedings or duties of the Gram Panchayat or such committee or a Nyaya
Panchayat as it thinks fit; (d)
record in
writing for the consideration of a Gram Panchayat or Joint Committee any
observation which it thinks proper in regard to the proceedings or duties of
such Gram Panchayat or Joint Committee. (e)
institute
any enquiry in respect of any matter relating to a Gram Sabha, Gram Panchayat
or Nyaya Panchayat; and (f)
[178][* * *] dissolve any Gram Panchayat, Joint Committee, Bhumi Prabandhak
Samiti or Nyaya Panchayat if in the opinion of the State Government such Gram
Panchayat, Joint Committee [Bhumi Prabandhak Samiti] or Nyaya Panchayat has
abused its position or has continuously failed to perform the duties imposed
upon it by or under this Act or its continuance is not considered desirable in
public interest; Explanation.
- [179][*
* *] [180][(g) [181][remove
a Pradhan, Up-Pradhan or member of a Gram Panchayat] [182][*
* *] or a Joint Committee or Bhumi Prabandhak Samiti, or a Panch, Sahayak
Sarpanch or Sarpanch of a Nyaya Panchayat if he - (i)
absents
himself without sufficient cause for more than three consecutive meetings or
sittings. (ii)
refuses to
act or becomes incapable of acting for any reason whatsoever or if he is
accused of or charged for an offence involving moral turpitude. (iii)
has abused
his position as such or has persistently failed to perform the duties imposed
by this Act or rules made thereunder or his continuance as such is not desirable
in public interest, or [183][(iii-a) has taken the benefit of reservation under sub-section (2) of
Section 11-A or sub-section (5) or Section 12, as the case may be, on the basis
of a false declaration subscribed by him stating that he is a member of Scheduled
Castes, the Scheduled Tribes or the backward classes, as the case may be.] (iv)
being a
Sahayak Sarpanch or a Sarpanch of the Nyaya Panchayat takes active part in
politics, or (v)
suffers from
any of the disqualifications mentioned in Clauses (a) to (m) of Section 5-A; [184][Provided that where, in an enquiry held by such person and in such
manner as may be prescribed, a Pradhan or Up-Pradhan is prima facie found to
have committed financial and other irregularities such Pradhan or Up-Pradhan
shall cease to exercise and perform the financial and administrative powers and
functions, which shall, until he is exonerated of the charges in the final
enquiry, be exercised and performed by a Committee consisting of three members
of Gram Panchayat appointed by the State Government.] [185][(gg) [* * *]; [186][(h) [* * *]; 2[Provided that - (i)
No action
shall be taken under Clause (f), Clause (g) [187][*
* *] except after giving to the body or person concerned a reasonable
opportunity of showing cause against the action proposed;] (ii)
[188][* * *] (2)
A person
under sub-clause (iii) and (iv) of clause (g) of sub-section (1) of this
section shall not be entitled to be re-elected or re-appointed to any office
under this Act for a period of five years or such lesser period as the State
Government may order in any case. (3)
No order
made by the State Government under this section shall be called in question in
any Court. (4)
Where
any [189][*
* *], Gram Panchayat, Joint Committee or Bhumi Prabandhak Samiti is [190][dissolved]
the State Government may appoint such person or persons to exercise and perform
the powers and duties thereof as it may deem fit. (1)
If at any
time it appears to the State Government that the [Gram Sabha or a Gram
Panchayat] has made default in performing a duty imposed on it by or under this
or any other enactment, the State Government may by order in writing fix a
period for the performance of that duty. (2)
If the duty
is not performed within the period so fixed, the State Government may direct
such authority as may be specified to perform it and may further direct that
the expenses, if any, of performing the duty shall be paid from the Gram Sabha
Fund and thereupon the person having the custody of the fund shall pay the
amount from such fund. (1)
The
prescribed authority or any other officer specially empowered in this behalf by
the State Government on information received or on his own initiative, may, by
order in writing prohibit the execution or further execution of a resolution or
order passed or made under this or any other enactment buy a Gram Sabha, Gram
Panchayat or a Joint Committee, or any officer or servant thereof it in his
opinion such resolution or order is of a nature as to cause or likely to cause
obstruction, annoyance or injury to the public or to any class or body of
persons lawfully empowered, or danger to human life, health or safety, or riot
or affray. It may prohibit the doing or continuance by any person of any act in
pursuance of or under cover of such resolution or order. (2)
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
or the aforesaid officer to the State Government which may after calling for an
explanation from the Gram Sabha, Gram Panchayat, Joint Committee or the officer
or the servant thereof and considering the explanation, if any, made by it,
rescind, modify or confirm the order. (3)
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 Gram Sabha, Gram Panchayat or the Joint Committee or any officer or
servant thereof, if so required by the authority making such order 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. The State
Government may delegate all or any of its powers under this Act to any officer
to authority subordinate to it subject to such conditions and restrictions as
it may deem fit to impose.][191] Whoever
contravenes any provisions of this Act [192][except
the provisions of Section 12-BCA or Section 12-BCC] shall be punishable, unless
otherwise prescribed, with fine, which may extend to [193][five
hundred rupees] and when the breach is a continuing one with a further fine
which may extend to [194][fifty
rupees] for every day after the first conviction during which an offender is
proved to have persisted in the offence. Whoever
contravenes any order made under Section 12-BCA or Section 12-BCC, shall be
punishable with imprisonment for a term which may extend to one year, or with fine,
or with both.][195] In making a
rule the State Government, and in making a bye-laws the Gram Panchayat with the
sanction of prescribed authority, may direct that a breach of it shall be
punishable with fine which may extend to [196][five
hundred rupees] and when the breach is a continuing one with a further fine
which may extend to [fifty rupees] for every day after the date of the first
conviction during which the offender is proved to have persisted in the officence. (1)
Whoever
removes displaces or makes an alteration in or otherwise interferes with any
pavement, gutter or other material of a public street, or any fence, wall or
post thereof, or a lamp post or bracket, direction post, stand post, hydrant,
or other such [198][property
of the Gram Panchayat without written sanction] or other lawful authority shall
be punishable with fine which may extend to [199][one
thousand rupees]. (2)
If through
any act, neglect, or default on his part, a person has incurred a penalty
imposed by sub-section (1) and has caused any damage to the property or a Gram
Panchayat the person incurring such penalty shall be liable to make good such
damage as well as to pay such penalty, and the damages may be recovered from
the offender in the prescribed manner. If a notice
has been given to a person under the provisions of this Act or of any rule or
bye-law made thereunder to a person requiring him to execute a work in respect
of any property, movable or immovable public or private or to provide or do or
refrain from doing anything within a time specified in the notice, and such
person fails to comply with the notice, then - (a)
The [200][Gram
Panchayat] may cause such work to be executed or such thing to be provided or
done, and may recover all expenses incurred by it on such account from the said
person in the prescribed manner as arrears of land revenue; (b)
Such persons
shall also be liable on conviction before the Nyaya Panchayat, to a fine which
may extend to [201][five
hundred rupees] and in case of continuing breach to a further fine which may
extend to [202][fifty
rupees] for each day after the date of the first conviction during which the
offender is proved to have persisted in the offence. No notice
shall be invalid on account of any defect or omission in its form. (1)
Any person
aggrieved by an order or direction made by a [203][Gram
Panchayat] under the Act or under any rule or bye-law may, unless otherwise
prescribed, within 30 days from the date of such direction or order, exclusive
of the time requisite for obtaining a copy thereof appeal to the prescribed
authority which may vary, set aside or confirm the said order or direction and
may also award costs to or against the person filing the appeal. (2)
The
prescribed authority may, if it thinks fit, extend the period allowed by
sub-section (1) for appeal. (3)
The decision
of the prescribed authority under sub-section (1) shall be final and shall not
be questioned in any Court of law. When an
appeal has been filed against an order or direction in Section 102 any
proceedings to enforce such order or direction and any prosecution for the
breach thereof may, by order of the prescribed authority, be suspended pending
the decision of the appeal, and if such order or direction is set aside on
appeal, disobedience thereof shall not be deemed to be an offence. (1)
Subject to
any rule made in this behalf a Gram Panchayat may, either before or after the
institution of any case compound an offence against this Act or any rule or
bye-law made thereunder on payment of such sum in cash to the Gram Panchayat as
may be prescribed. (2)
When an
offence has been compounded the offender, if in custody, shall be discharged
and no further proceedings shall be taken against him in respect of the offence
so compounded. All sums
paid by way composition under this section shall be credited to the Gram Fund. The Pradhan
of the [204][Gram
Panchayat] and, if authorized in this behalf by the [205][Gram
Panchayat], any other member, officer or servant of the Gram Panchayat may
enter into or upon any building or land, with or without assistants or workmen,
in order to make an inspection or survey or to execute a work which a [206][Gram
Panchayat] is authorized by this Act or by rules or bye-laws made thereunder,
to make or execute, or which it is necessary for a Gram Panchayat for any of
the purposes or in pursuance of any 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 rule or bye-laws otherwise expressly provided, no such
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, and without giving the said occupier "not
less than four hour" previous written notice of the intention to make such
entry, and (c)
sufficient
notice shall in every instance be given even when any premises can otherwise be
entered without notice to enable the inmates of an apartment appropriated for
females to move to some part of the premises where their privacy shall not be
disturbed, and (d)
due regard
shall always be had to the social and religious usages of the occupants of the
premises entered. (1)
No suit or
other legal proceedings shall be instituted against a Gram Sabhas or Gram
Panchayat [or Bhumi Prabankdhak Samiti or against a member or officer or
servant thereof or of Nyaya Panchayat] or against any person acting under the
direction of any of these bodies or persons for anything done or purporting to
have been done in official capacity under this Act, until the expiration of 2
months next after notice in writing has been in the case of Gram Sabha or [209][Gram
Panchayat], delivered in or left at the office of the Gram Panchayat concerned
and in the case of a member, officer or servant of any person acting under his
direction or the direction of the Gram Sabha or [210][Gram
Panchayat] or Nyaya Panchayat delivered to him or left at his office or place
of abode, explicity stating the cause of action, the nature of the reliefs
sought, the amount of compensation, if any, claimed and the name and place of
abode of the intending plaintiff and the plaint shall contain a statement that
such notice has been so delivered or left. (2)
No action
such as is described in sub-section (1) shall be commenced otherwise than
within six months next after the accrual of the cause of action. (1)
The
provisions of the Judicial Officer's Protection Act, 1850 shall apply to the
members of the Nyaya Panchayat. (2)
No civil
case or prosecution shall be entertained in any Court against a [212][Gram
Panchayat] or any member or officer thereof or any person acting under its or
his direction in respect of anything in good faith done or intended to be done
under this Act or any rule or bye-law made thereunder. Except as
otherwise provided under this Act, a Gram Sabha, a Gram Panchayat or any
committee thereof, shall have power to act, notwithstanding any vacancy in the
membership or defect or irregularity in the enrolment of a member thereof, and
any proceedings in any Gram Sabha, Gram Panchayat or committee shall be valid
notwithstanding that there was any defect or irregularity in the enrolment of
any member or that some person, who was not entitled to do so, sat or voted or
otherwise took part in the proceedings. Provided,
however, that at least two thirds of the persons present at the time of the act
being done were not disqualified to be members. Every police
officer shall give immediate information to Gram Panchayat of an offence coming
to his knowledge which has been committed against this Act or any rule or
bye-law made thereunder and shall assist all members and servants of the Gram
Panchayat and Nyaya Panchayat in the exercise of their lawful authority. If any
dispute arises as to the jurisdiction of a Nyaya Panchayat or between two or
more Gram Panchayats or between a Gram Panchayat and the [213][Nyaya
Panchayat] or a Municipality or a Zila Panchayat it shall be referred to the
prescribed authority whose decision shall be final and shall not be questioned
in any Court of law. (1)
Notwithstanding
anything to the contrary contained in any other provisions of this Act, - (a)
all records
of a Gram Panchayat shall be in the custody of its Secretary. (b)
The
Secretary shall give to a person, on an application and on payment of such fee
as may be prescribed, a copy or any such records and certify it as a true copy
under his signature and seal of the Gram Panchayat. (2)
A duly
certified copy of any record of a Gram Panchayat shall be received as prima
facie evidence of the existence of the record and shall be admitted as evidence
of the matters therein recorded in every case where and to the same extent as
the original record would, if produced, have been admissible to prove such
matters.][214] [215][(1) The State Government may, by notification in the Gazette make rules
for carrying out the purposes of this Act.] (2) In particular and without
prejudice to the generality of the foregoing power such rules may provide for - (i)
any matter
for which power to make provision is conferred expressly or by implication of
State Government by this Act; (ii)
the
establishment of Gram Sabha [or Nyaya Panchayat or the constitution of Gram
Panchayat]. (ii-a) qualifications for the Up-Pradhan. (ii-b) distribution of assets and liabilities of Gram Panchayat and
Nyaya Panchayats consequent upon a change in their circles; [216][(ii-c) presentation and disposal of election petitions and applications
for revision under Section 12-C]. (ii-d) taking of oath by Pradhan, Up-Pradhan, members of Gram Panchayat,
Panch, Sahayak Sarpanch and Sarpanch. (ii-e) filing of resignation by Pradhan, Up-Pradhan, members of Gram
Panchayat, Panch, Sahayak Sarpanch and Sarpanch. (ii-f) holding of general elections of bye-elections. (ii-g) [217][the
appointment of Panches of Nyaya Panchayat]. (ii-h) grant of leave for absence of office-bearers of Gram Panchayat
and Nyaya Panchayat; and (ii-i) the carrying out of the duties of the Pradhan and the Up-Pradhan
in their absence for any cause. (iii)
the time and
place of the meeting of Gram Sabha, Gram Panchayat and Nyaya Panchayat, the
manner of convening meeting and giving notice thereof; (iv)
the conduct
of proceedings including the asking of questions by members at meeting and the
adjournment of meetings and also minute- books of meetings; (v)
the
establishment of committees and the determination of all matters relating to
the constitution and procedure of such committees; (vi)
the
suspension and removal of office-bearers; (vii)
the records
and registers that shall be maintained by Gram Panchayat and Nyaya Panchayat
and the form in which they are to be; (vii-a)
periodical revisions and amendment of Gram Sabha and Gram Panchayat registers; (viii)
the action
to be taken on the occurrence of a vacancy in the executive committee, Joint
committee, any other committee and Nyaya Panchayat; (ix)
the
authority by which disputes in relation to appointments to executive committee,
joint committee any other committee or Nyaya Panchayat may be decided and the
procedure to be followed therein; (x)
the amount
and nature of security to be furnished by a servant of the Gram Panchayat or
Nyaya Panchayat from whom it is deemed expedient to require security; (xi)
appointment,
qualification, supervision, dismissal, discharge, removal or other punishment
and other matters, relating to the conditions of service, leave, transfer, pay
and privileges of the servants of the Gram Panchayat and the Nyaya Panchayat
and their rights of appeal; (xii)
management
and regulation of provident fund for the servants of Gram Panchayats and Nyaya
Panchayats if the system of provident fund is adopted by any Gram Panchayat. (xiii)
the
establishment, maintenance and management of primary schools and the
construction and repair of buildings thereof; (xiv) the establishment, administration and control of libraries, reading
rooms, dispensaries entrusted to a joint committee, the construction and
repairs of buildings connected therewith and the supply of medicine and medical
assistance to the poor inhabitants of the [218][Panchayat
area]; (xv)
the
discovery, removal and distribution of water hyacinth, grass, weed or other
wild growth on any land, premises or water, the construction of fences and
barriers for checking its movements and the costs incurred in carrying out such
work; (xvi) action in regard to the sanitation, conservancy, drainage, buildings,
public streets and water supply and the prohibition of public nuisance; (xvi-a) the carrying out of functions and duties of Gram Panchayats as
mentioned in Sections 15, 16 and 17; (xvii) the framing of budgets and ear-marking of funds for specific purposes; (xviii)
the returns
to be submitted by Gram Panchayats and Nyaya Panchayats, the form in which they
are to be, the authorities to which and the time when they shall be submitted; (xix) the levy of taxes and licence fees, the authority, by which and the
manner in which the taxes may be assessed and the authority to which an appeal
from an assessment order may be made; (xix-a) collection of State and other dues by [219][Gram
Panchayats] and remuneration to be paid therefore; (xx)
the method
and time of payment of taxes and other dues, the procedure of recovery and the
authority whose assistance may be taken by Gram Panchayts in the recovery of
taxes and dues; (xxi) the method of account keeping by Gram Panchayats and Nyaya Panchayats; (xxii) the maintenance of public buildings and nazul land; (xxiii)
the
formalities to be observed when transferring any property and the manner in
which a 'deed' of contract may be executed by a Gram Panchayat; (xxiv)
powers of
auditors, inspection and superintending authorities to hold inquiries,
summoning and examining witnesses, compelling the production of documents and
all other matters connected with audit, inspection and superintendence; (xxv)the issue, service or execution of summons, notices and other processes
of Nyaya Panchayat and issue and service of notices by Gram Panchayats; (xxv-a) issue of commissions for examination of witnesses; (xxv-b) institution of cases where a Sarpanch refuses to entertain; (xxvi)
the transfer
by Nyaya Panchayat of summons and other proceeses to another Nyaya Panchayat or
any court for service or execution; (xxvii)
the fees to
be levied by Nyaya Panchayat for institution of civil cases and criminal cases
for issue of processes, for obtaining copies of documents and other matters; (xxviii) the court fees and other fees payable where a Nyaya Panchayat with the
consent of parties, entertains a civil case which is otherwise beyond its
jurisdiction; (xxix)
the
procedure for execution or decrees, orders and sentence passed by Nyaya
Panchayat; (xxx)the allotment by [220][Gram
Panchayat] of funds for the performance by Nyaya Panchayats of their duties
under this Act and the extent to which fees paid to Nyaya Panchayats may be
appropriated by [221][Gram
Panchayats]; (xxxi)
the powers
that may be exercised by Zila Panchayat or any prescribed authority in the
discharge of their obligations under this Act and the manner in which such
powers may be exercised; (xxxii)
the
procedure to be observed in the making of bye-laws by prescribed authority
for [222][Gram
Panchayats] or by Gram Panchayats; (xxxiii) the prescribing and printing of forms and registers generally relating
to any matter under this Act or rules made thereunder; (xxxiv) the submission for approval of plans, designs, specifications and
estimates; (xxxv)
the duties,
powers and functions of village volunteer force; (xxxvi) the submission of annuals reports by [223][Gram
Panchayats] and Nyaya Panchayats and their review; (xxxvii)
persons,
other than members of [224][Gram
Panchayats] who may be present in an advisory capacity in meetings of [225][Gram
Panchayat]; (xxxviii)
channel of
correspondence between a Gram Panchayat and Nyaya Panchayat and other
authorities; (xxxix) disposal of assets and liabilities of [226][a
Gram Sabha or Gram Panchayat] or Nyaya Panchayat on its abolition; (xl)
the action
to be taken on the inclusion of the whole or part of the local area of
any [227][Gram
Panchayat] in any [228][municipality,
notified area, or cantonment, and the manner in which the assets and
liabilities of the [229][Gram
Panchayat] may be disposed of in such circumstances; (xli)
the
conditions subject to which sums due to a [230][Gram
Panchayat] may be written the whole or any part of a fee may be remitted; and
generally for the guidance of Gram Panchayat, Nyaya Panchayats, Joint
Committees, other committees, servants of the Government and other authorities
in any matter connected with the carrying out of the provisions of this Act; (xlii)
the
regulation of the election of the members of the [231][Gram
Panchayat] in order to secure the adequate representation of the Scheduled
Castes; (xliii) assistance to be given by the [232][Gram
Panchayat] to Government servants on any matter affecting the general
administration; (xliv) powers and duties of Sahayak Sarpanch and Up-Pradhan; (xlv) borrowing and lending of money by [233][Gram
Panchayat]; (xlvi) the matters which are to be and may be prescribed; and (xlvii)
any matter
in respect of which power is conferred in Section 111 on the prescribed
authority to frame a bye-law for a Gram Panchayat. [234][(3) [* * *] The
prescribed authority may, the when required by the State Government, shall make
bye-laws for a Gram Panchayat within its jurisdiction consistent with the Act
and the rules made thereunder for the purpose of promoting or maintaining the
health, safety and convenience of persons residing within the jurisidiction of
a Gram Panchayat and for furtherance of administration Gram Panchayat under
this Act. (1)
Subject to
the provisions of this Act and the rules made thereunder and the bye-laws, if
any, made by the prescribed authority, a Gram Panchayat may frame bye-laws; (a)
to prohibit
the removal or use of water for drinking purposes from any source which is
likely to cause danger to health and to prohibit the doing of anything likely
to contaminate any source of drinking water; (b)
to prohibit
or regulate the discharge of water from any drain or premises on a public
street or into a river, pond, tank or any other place; (c)
to prevent
damage to public streets and [236][Gram
Panchayat] property; (d)
to regulate
sanction conservancy and drainage in the area of [237][Gram
Panchayats]; (e)
to prohibit
or regulate the use of public streets or other public places by shop-keepers or
other individuals or collection of market tolls on public streets; (f)
to regulate
the manner in which tanks, ponds and cesspools, pasture land, playground,
manure-pits, land for disposal of dead bodies and bathing places shall be
maintained and used; (g)
to regulate
any other duties or functions of the [238][Gram
Panchayat] as may be directed by the prescribed authority. (2)
The draft of
bye-laws framed by Gram Panchayats shall be published in the prescribed manner.
Any objections received thereto shall be considered at a meeting of the Gram
Panchayat and the bye-laws shall then be submitted together with the objections,
if any, received and the decisions taken thereon to the prescribed authority.
The bye-laws as sanctioned by the prescribed authority shall come into force
after they have been published in the prescribed manner. Provided
that the State Government may at any time rescind or modify any bye-laws so
approved. (1)
[239][* * *] [240][(2) On and from the date of commencement of the Uttar Pradesh Panchayt
Laws (Amendment) Act, 1994, any reference to the 'Gram Sabha' or 'Gram
Panchayat' in any rules, regulations, bye-laws, statutory instruments or any
other law for the time being in force or in any document or proceedings shall
be construed as a reference to the 'Gram Panchayat'.] (1)
Where a
vacancy occurs or any body constituted under this Act by reason of the death,
resignation, removal or avoidance of the election of a member or other
office-bearer and the term of office of that member or other office-bearer
would in the ordinary course of events have determined within six months of the
occurrence of the vacancy, the prescribed authority may direct that the vacancy
be left unfilled until the next general election under this Act. (2)
In the event
of [241][vacancy
in the office of Pradhan] remaining unfilled by virtue of direction made under
sub-section (1), the prescribed authority may, by order make such arrangement
as it thinks fit for the discharge of the functions of the Pradhan till a
Pradhan is elected. (1)
One and from
the date of commencement of the Uttar Pradesh Panchayat Law (Amendment) Act,
1994 - (a)
all
property, interest in property and assets, including cash balances, wherever
situate, which immediately before such date were vested in the Gaon Sabha shall
vest in and be held by the Gram Panchayat for the purposes of this Act; and (b)
all rights,
liabilities and obligations of the aforesaid Gaon Sabha whether arising out of
any contract or otherwise, existing immediately before such date, shall be the
rights, liabilities and obligations of the Gram Panchayat. (2)
Where any
doubt or dispute arises as to whether any property, interest or asset has
vested in a Gram Panchayat under sub-section (1), or any right, liability or
obligation has become the right, liability or obligation of a Gram Panchayat
such doubt or dispute shall be referred in the manner prescribed to the State
Government whose decision shall, unless superseded by any decision of a court
of law be final.][242] All sums due
to the Gram Sabha, whether on account of any tax or any other account, shall be
recoverable by the Gram Panchayat, and for the purpose of such recovery, it
shall be competent for the Gram Panchayat to take any measure or institute any
proceeding which it would have been open to the Gram Sabha to take or
institute, if the [Uttar Pradesh Panchayat Laws (Amendment) Act, 1994 has not
come into force. (1)
All debts
and obligation incurred and all contracts made by or on behalf of the Gram
Sabha before the date referred to in sub-section (1) of Section 115 and
subsisting on the said date shall be deemed to have been incurred and made by
the Gram Panchayat in exercise of the powers conferred on it by this Act and
shall continue in operation accordingly. (2)
All
proceedings pending before any authority of the said Gram Sabha on the said
date, which under the provisions of this Act, are required to be instituted
before or undertaken by the Gram Panchayat shall be transferred to and
continued by the Gram Panchayat, and all other such proceedings shall, so far
as may be, be transferred to and continued by such authority before or by whom
they have to be instituted or under taken under the provisions of this Act. (3)
All appeals
pending before any authority of the said Sabha and all suits and other legal
proceedings instituted by or against the said Gram Sabha or any officer of the
said Gram Sabha pending on the said date, shall be continued by or against the
Gram Panchayat or the officer, as the case may be as if there was Gram
Panchayat constituted when such prosecution, suit or proceedings was
instituted. (4)
All
prosecutions instituted by or on behalf of the said Gram Sabha and all suits
and other legal proceedings instituted by or against the said Gram Sabha or any
officer of the said Gram Sabha pending on the said date, shall be continued by
or against the Gram Panchayat or the officer, as the case may be as if there
was a Gram Panchayt constituted when such prosecution, suit or proceedings was
instituted. Notwithstanding
anything in this Act, during the period between the commencement of the Uttar
Pradesh Panchayat Laws (Amendment) Act, 1994 and the constitution of the Gram
Panchayat [243][for
the first time under this Act as amended by the Uttar Pradesh Panchayat Laws
(Amendment) Act, 1994], the Gram Panchayat and its Pradhan, Up-Pradhan and
members shall respectively exercise, perform and discharge the powers,
functions and duties of the Gram Panchayat and its Pradhan, Up-Pradhan and
members and shall be deemed respectively to be the Gram Panchayat and its
Pradhan, Up-Pradhan and members.][244] (1)
If any
difficulty arises in giving effect to the provisions of this Act, or by reason
of anything contained in this Act to any other enactment for the time being in
force, the State Government may, as occasion requires, by notified order direct
that this Act, shall have effect subject to such adaptations, whether by way of
modification, addition or omission, as it may deem to be necessary and
expedient. (2)
No order
under sub-section (1) shall be made after the expiration of the period of two
years from the commencement of the Uttar Pradesh Panchayat Laws (Amendment)
Act, 1994. (3)
The
provisions made by any order under sub-section (1) shall have effect as if
enacted in this Act and any such order may be made so as to be retrospective to
any date not earlier than the date of commencement of the [245][Uttar
Pradesh Panchayat Laws (Amendment) Act, 1994. (4)
Every order
made under sub-section (1) shall be laid, as soon as may be, before both the
Houses of State Legislature and the provisions of sub-section (1) of Section
23-A of the Uttar Pradesh General Clauses Act, 1904 shall apply as they apply
in respect of rules made by the State Government under any Uttar Pradesh Act.][246] SECHEDULE (See Section
68) Description of suits Period of Limitation Time from which period beings
to rum 1. For money due on a contract 3 years When the money became due to
the plaintiff 2. For the recovery of movable
property of the value thereof do When the plaintiff became
entitled to the delivery of the moveable property 3. For compensation for wrong-
fully taking or injuring to a moveable property do When the moveable property was
wrongfully taken or when injury was done to it. 4. For damages caused by cattle
trespass 6 months When the damage was caused by
the cattle trespass [1] The work "Up-Pradhan" wherever occurring including marginal
Headings Omitted by U.P. Act No. 44 of 2007 published in U.P. Gazette Extra
Part I Section (Ka) dated 10th December, 2007 (w.e.f. 20 August, 2007) [2] Inserted by Act No. 37 of 1978. [3] Substituted by U.P. Act No. 12 of 1994. [4] Inserted by Act No. 37 of 1978. [5] Now repealed by U.P. Act No. 12 of 1994. [6] Explanation omitted by U.P. Act No. 37 of 1978. [7] Inserted by U.P. Act No. 9 of 1994. [8] Inserted by U.P. Act No. 37 of 1978, dated 30th December, 1978. [9] Substituted by U.P. Act No. 9 of 1994. [10] Substituted by U.P. Act No. 9 of 1994. [11] Inserted by U.P. Act No. 12 of 2004 (w.e.f. 5.7.2004). [12] Inserted by U.P. Act No. 12 of 2004 (w.e.f. 5.7.2004). [13] Substituted by U.P. Act No. 9 of 1994. [14] Substituted by U.P. Act No. 9 of 1994. [15] Substituted by U.P. Act No. 9 of 1994. [16] Substituted by U.P. Act No. 29 of 1995. [17] Inserted by U.P. Act No. 9 of 1994. [18] Inserted by U.P. Act No. 9 of 1994. [19] Substituted by U.P. Act No. 37 of 1978. [20] Inserted by U.P. Act No. 9 of 1994. [21] Inserted by U.P. No. 21 of 1995. [22] Clause (m) omitted by U.P. Act No. 37 of 1978. [23] Substituted by U.P. Act No. 9 of 1994. [24] Inserted by U.P. Act No. 19 of 1957 and shall be deemed always to have
been inserted. [25] Clause (w) omitted by U.P. Act No. 37 of 1978. [26] Inserted by U.P. Act No. 33 of 1961. [27] Substituted by U.P. Act No. 9 of 1994. [28] Omitted by U.P. Act No. 9 of 1994. [29] Omitted by U.P. Act No. 9 of 1994. [30] Chapter II-A has been inserted by U.P. Act No. 9 of 1994. [31] Inserted by U.P. Act No. 21 of 1995. [32] Substituted by U.P. Act No. 21 of 1998 published in U.P. Gazette Extra
Part I, Section (ka), dated July 9th 1998. [33] Substituted by U.P. Act No. 9 of 1994. [34] Chapter II-A has been inserted by U.P. Act No. 9 of 1994. [35] Omitted by U.P. Act No. 9 of 1994. [36] Substituted by U.P. Act No. 9 of 1994. [37] Substituted by U.P. Act No. 9 of 1994. [38] Substituted by U.P. Act No. 9 of 1994. [39] Omitted by U.P. Act No. 2 of 1955. [40] Substituted by U.P. Act No. 12 of 1994. [41] Inserted by U.P. Act No. 9 of 1995. [42] Inserted by U.P. Act No. 21 of 1995. [43] Inserted by U.P. Act No. 9 of 1995. [44] Substituted by U.P. Act No. 12 of 2004 (w.e.f. 5.7.2004). [45] Substituted by U.P. Act No. 21 of 1995 (w.e.f. 22.4.1994). [46] Inserted by U.P. Act No. 21 of 1995 (w.e.f. 22.4.95). [47] Substituted by U.P. Act No. 9 of 1994. [48] Substituted by U.P. Act No. 21 of 1995 (w.e.f. 22.4.95). [49] Substituted by U.P. Act No. 21 of 1995 (w.e.f. 22.4.95). [50] Substituted by U.P. Act No. 9 of 1994. [51] Substituted by U.P. Act No. 9 of 1994. [52] Substituted by U.P. Act No. 9 of 1994. [53] After Section 11 Chapter III-A has been inserted and Sections 11-A and
11-B has been substituted by U.P. Act No. 9 of 1994. [54] Sub-section (1) Substituted by U.P. Act No. 44 of 2007 published in
U.P. Gazette Extra Part I Section (Ka) dated 10th December, 2007 (w.e.f. 20
August, 2007) [55] The word "twenty seven" read the word "Fourteen" by
Uttaranchal Act No. 30 of 2005. Published in Uttaranchal Gazette Extra Part I
Section (Ka) dated 11 November, 2005. [56] Inserted by U.P. Act No. 21 of 1995. [57] After Section 11 Chapter III-A has been inserted and Sections 11-A and
11-B has been substituted by U.P. Act No. 9 of 1994. [58] After Section 11 Chapter III-A has been inserted and Sections 11-B has
been substituted by U.P. Act No. 9 of 1994. [59] Sub-section (3) substituted by U.P. Act No. 9 of 1994. Now omitted by
U.P. Act No. 24 of 2001 Published in U.P. Gazette Extra Part 1 Section (Ka)
dated 6 October 2001.J [60] Section 11-C omitted by U.P. Act No. 44 of 2007 published in U.P.
Gazette Extra Part I Section (Ka) dated 10th December, 2007 (w.e.f. 20 August,
2007). [61] Sections 11-D has been substituted by U.P. Act No. 9 of 1994. [62] Substituted by U.P. Act No. 29 of 1995 (Second Amendment) (w.e.f.
20.5.1995). [63] Substituted by U.P. Act No. 29 of 1995 (w.e.f. 20.5.1995). [64] Substituted by U.P. Act No. 29 of 1995 (Second Amendment) (w.e.f.
20.5.1995). [65] Sections 11-E has been substituted by U.P. Act No. 9 of 1994. [66] Substituted by U.P. Act No. 21 of 1995. [67] Sections 11-E has been substituted by U.P. Act No. 9 of 1994. [68] Substituted by U.P. Act No. 29 of 1995 (Second Amendment). [69] Substituted by U.P. Act No. 21 of 1995. [70] Inserted by U.P. Act No. 21 of 1995. [71] Omitted by U.P. Act No. 21 of 1995. [72] Inserted by U.P. Act No. 22 of 2000 (w.e.f. 18.3.2000). [73] The word "twenty seven" read the word "Fourteen" by
Uttaranchal Act No. 30 of 2005. Published in Uttaranchal Gazette Extra Part I
Section (Ka) dated 11 November, 2005. [74] Inserted by U.P. Act No. 21 of 1995 (w.e.f. 22.4.1995). [75] Omitted by U.P. Act No. 9 of 1994. [76] Substituted by U.P. Act No. 9 of 1994. [77] Substituted by U.P. Act No. 24 of 2001 Published in U.P. Gazette Extra
Part I Section (Ka) dated 6 October, 2001. [78] Substituted by U.P. Act No. 9 of 1994. [79] Renumbered as sub section (1) by U.P. Act No. 21 of 1995 (w.e.f.
22.4.1994). [80] Inserted by U.P. Act No. 21 of 1995. [81] Inserted by Noti. No. 1246/17-V-1-1(A)-12-2000, dated 5.5.2000. [82] Substituted by U.P. Act No. 9 of 1994. [83] Substituted by U.P. Act No. 9 of 1994. [84] New Section 12-BCA inserted by U.P. Act No. 29 of 1995 (Second
Amendment). [85] New Section 12-BCB inserted by U.P. Act No. 29 of 1995 (Second
Amendment). [86] New Section 12-BCC inserted by U.P. Act No. 29 of 1995 (Second
Amendment). [87] New Section 12-BCD inserted by U.P. Act No. 29 of 1995 (Second
Amendment). [88] New Section 12-BCE inserted by U.P. Act No. 29 of 1995 (Second
Amendment). [89] New Section 12-BCF inserted by U.P. Act No. 29 of 1995 (Second
Amendment). [90] Substituted by U.P. Act No. 37 of 1978. [91] Omitted by U.P. Act No. 9 of 1994. [92] Substituted by U.P. Act No. 37 of 1978, dated 30th December, 1978 for
sub- section (6). [93] Substituted by U.P. Act No. 9 of 1994. [94] Substituted by U.P. Act No. 9 of 1994. [95] Omitted by U.P. Act No. 9 of 1994. [96] Substituted by U.P. Act No. 33 of 1999. [97] Section 12-J Substituted by U.P. Act No. 44 of 2007. Published in U.P.
Gazette Part I Section (Ka) dated 10th December, 2007 (w.e.f. 20 August, 2007). [98] Omitted by U.P. Act No. 9 of 1994. [99] Omitted by U.P. Act No. 9 of 1994. [100] Word "and Up-Pradhan" omitted by U.P. Act No. 24 of 2001.
Published in U.P. Gazette Extra Part I, Section (Ka) dated 6th October, 2001. [101] Substituted by Act No. 24 of 2001. [102] Substituted by Act No. 21 of 1998. [103] Substituted by U.P. Act No. 9 of 1994. [104] Section 14-B Inserted by U.P. Act No. 24 of 2001, Pub. In U.P. Gazette
Extra Part I Section (Ka), dated 6 October, 2001 and now omitted by U.P. Act
No. 44 of 2007 published in U.P. Gazette Extra Part I Section (Ka) dated 10
December 2007 (w.e.f. 20 August 2007). [105] Substituted by U.P. Act No. 9 of 1994. [106] Substituted by U.P. Act No. 9 of 1994. [107] Substituted by U.P. Act No. 9 of 1994. [108] Substituted by U.P. Act No. 9 of 1994. [109] Substituted by U.P. Act No. 9 of 1994. [110] Omitted by U.P. Act No. 37 of 1978. [111] Substituted by U.P. Act No. 9 of 1994. [112] Section 25 Substituted by U.P. Act No. 27 of 1999. [113] Substituted by U.P. Act No. 27 of 1999 (w.e.f. 27.6.1999). [114] Substituted by U.P. Act No. 9 of 1994. [115] Substituted by U.P. Act No. 9 of 1994. [116] The words "of every Gaon Sabha" omitted by U.P. Act No. 9 of
1994. [117] Sub-section (2) swubs. By U.P. Act No. 44 of 2007 published in U.P.
Gazette Extra Part 1 Section (Ka) dated 10th December, 2007 (w.e.f. 20 August,
2007). [118] Substituted by U.P. Act No. 9 of 1994. [119] Substituted by U.P. Act No. 39 of 1973. [120] Substituted by U.P. Act No. 9 of 1994. [121] Substituted by U.P. Act No. 9 of 1994 again Substituted by U.P. Act No.
33 of 1999. [122] Substituted by U.P. Act No. 33 of 1999. [123] Omitted by U.P. Act No. 9 of 1994. [124] Substituted by U.P. Act No. 9 of 1994. [125] Substituted by U.P. Act No. 9 of 1994. [126] Inserted by U.P. Act No. 9 of 1994. [127] Substituted by U.P. Act No. 9 of 1994. [128] Inserted by U.P. Act No. 9 of 1999. [129] Inserted by U.P. Act No. 9 of 1994. [130] Substituted by U.P. Act No. 9 of 1994. [131] Substituted by U.P. Act No. 9 of 1994. [132] Substituted by U.P. Act No. 9 of 1994. [133] Substituted by U.P. Act No. 9 of 1994. [134] Substituted by U.P. Act No. 9 of 1994. [135] Substituted by U.P. Act No. 9 of 1994. [136] Substituted by U.P. Act No. 9 of 1994. [137] Inserted by U.P. Act No. 9 of 1994. [138] Substituted by U.P. Act No. 9 of 1994. [139] Substituted by U.P. Act No. 9 of 1994. [140] Inserted by U.P. Act No. 37 of 1978, dated 30th December, 1978. [141] Inserted by U.P. Act No. 9 of 1994. [142] Inserted by U.P. Act No. 9 of 1994. [143] Inserted by U.P. Act No. 3 of 1973. [144] Omitted by Section 46 of U.P. Act No. 2 of 1955. [145] Omitted by U.P. Act No. 2 of 1955, Section 48. [146] Substituted by U.P. Act No. 9 of 1994. [147] Inserted by U.P. Act No. 37 of 1978, dated 30th December, 1978. [148] Substituted by U.P. Act No. 37 of 1978. [149] Substituted by U.P. Act No. 37 of 1978. [150] Substituted by U.P. Act No. 37 of 1978, dated 30th December, 1978. [151] Omitted by U.P. Act No. 9 of 1955. [152] Substituted by U.P. Act No. 37 of 1978. [153] Omitted by U.P. Act No. 2 of 1955. [154] Omitted by U.P. Act No. 2 of 1955. [155] Omitted by U.P. Act No. 2 of 1955. [156] Omitted by U.P. Act No. 37 of 1978. [157] Omitted by U.P. Act No. 37 of 1978. [158] Substituted by U.P. Act No. 379 of 1978. [159] Substituted by U.P. Act No. 37 of 1978. [160] Omitted by U.P. Act No. 37 of 1978. [161] Substituted by U.P. Act No. 37 of 1978. [162] Substituted by U.P. Act No. 37 of 1978, dated 30th December, 1978. [163] Substituted by U.P. Act No. 37 of 1978, dated 30th December, 1978. [164] Substituted by U.P. Act No. 37 of 1978, dated 30th December, 1978. [165] Substituted by U.P. Act No. 37 of 1978, dated 30th December, 1978. [166] Substituted by U.P. Act No. 37 of 1978, dated 30th December, 1978. [167] Substituted by U.P. Act No. 37 of 1978, dated 30th December, 1978. [168] Substituted by U.P. Act No. 37 of 1978, dated 30th December, 1978. [169] Omitted by U.P. Act No. 37 of 1978. [170] Omitted by U.P. Act No. 37 of 1978. [171] Substituted by U.P. Act No. 37 of 1978. [172] Omitted by U.P. Act No. 37 of 1978. [173] Omitted by U.P. Act No. 2 of 1955. [174] Substituted by U.P. Act No. 9 of 1994. [175] Substituted by U.P. Act No. 9 of 1994. [176] Substituted by U.P. Act No. 2 of 1955. [177] Substituted by U.P. Act No. 9 of 1994. [178] Substituted by U.P. Act No. 9 of 1994. [179] Omitted by U.P. Act No. 2 of 1955. [180] Substituted by U.P. Act No. 2 of 1955. [181] Substituted by U.P. Act No. 9 of 1994. [182] Omitted by U.P. Act No. 9 of 1994. [183] Inserted by U.P. Act No. 21 of 1998, (w.e.f. 5.5.1998). [184] Inserted by U.P. Act No. 9 of 1994. [185] Omitted by U.P. Act No. 9 of 1994. [186] Omitted by U.P. Act No. 9 of 1994. [187] Omitted by U.P. Act No. 9 of 1994. [188] Omitted by U.P. Act No. 9 of 1994. [189] Omitted by U.P. Act No. 9 of 1994. [190] Substituted by U.P. Act No. 9 of 1994. [191] Inserted by U.P. Act No. 10 of 1950. [192] Inserted by U.P. Act No. 29 of 1955 (second amendment) (w.e.f.
1.4.1955). [193] Substituted by U.P. Act No. 9 of 1994. [194] Ibid. [195] Inserted by U.P. Act No. 29 of 1995 (Second amendment). [196] Substituted by U.P. Act No. 9 of 1994. [197] Substituted by U.P. Act No. 9 of 1994. [198] Substituted by U.P. Act No. 9 of 1994. [199] Substituted by U.P. Act No. 9 of 1994. [200] Substituted by U.P. Act No. 9 of 1994. [201] Substituted by U.P. Act No. 9 of 1994. [202] Substituted by U.P. Act No. 9 of 1994. [203] Substituted by U.P. Act No. 9 of 1994. [204] Substituted by U.P. Act No. 9 of 1994. [205] Substituted by U.P. Act No. 9 of 1994. [206] Substituted by U.P. Act No. 9 of 1994. [207] Substituted by U.P. Act No. 9 of 1994. [208] Substituted by U.P. Act No. 9 of 1994. [209] Substituted by U.P. Act No. 9 of 1994. [210] Substituted by U.P. Act No. 9 of 1994. [211] Substituted by U.P. Act No. 9 of 1994. [212] Substituted by U.P. Act No. 9 of 1994. [213] Substituted by U.P. Act No. 9 of 1994. [214] Substituted by U.P. Act No. 33 of 1999. [215] Substituted by U.P. Act No. 3 of 1973. [216] Substituted by U.P. Act No. 37 of 1978. [217] Substituted by U.P. Act No. 21 of 1995 (w.e.f. 22.4.1994). [218] Substituted by U.P. Act No. 9 of 1994. [219] Substituted by U.P. Act No. 9 of 1994. [220] Substituted by U.P. Act No. 9 of 1994. [221] Substituted by U.P. Act No. 9 of 1994. [222] Substituted by U.P. Act No. 9 of 1994. [223] Substituted by U.P. Act No. 9 of 1994. [224] Substituted by U.P. Act No. 9 of 1994. [225] Substituted by U.P. Act No. 9 of 1994. [226] Substituted by U.P. Act No. 9 of 1994. [227] Substituted by U.P. Act No. 9 of 1994. [228] Substituted by U.P. Act No. 37 of 1978. [229] Substituted by U.P. Act No. 9 of 1994. [230] Substituted by U.P. Act No. 9 of 1994. [231] Substituted by U.P. Act No. 9 of 1994. [232] Substituted by U.P. Act No. 9 of 1994. [233] Substituted by U.P. Act No. 9 of 1994. [234] Omitted by U.P. Act No. 9 of 1994. [235] Substituted by U.P. Act No. 9 of 1994. [236] Substituted by U.P. Act No. 9 of 1994. [237] Substituted by U.P. Act No. 9 of 1994. [238] Substituted by U.P. Act No. 9 of 1994. [239] Omitted by U.P. Act No. 21 of 1995 (w.e.f. 22.4.1994). [240] Inserted by U.P. Act No. 9 of 1994 and came into force (w.e.f.
24.4.1994). [241] Substituted by U.P. Act No. 44 of 2007 Published in U.P. Gazette Extra
Part I Section (Ka) dated 10 December, 2007 (w.e.f. 20 August, 2007). [242] Inserted by U.P. Act No. 9 of 1994. [243] Substituted by U.P. Act No. 21 of 1995. [244] Inserted by U.P. Act No. 9 of 1994. [245] Came into force (w.e.f. 24.4.1994). [246] Inserted by U.P. Act No. 9 of 1994.THE UNITED
PROVINCES PANCHAYAT RAJ ACT, 1947
PREAMBLE
Section 3 – [Gram Sabha
Section 9 – [Electoral roll for each territorial constituency
Section 9A – [Right to vote etc.
Section 11A – [Pradhan and Up-Pradhan of Gram Panchayat
Section 11B – [Election of Pradhan
Section 11C – [Election of Up-Pradhan and his term
Section 11D – [Prohibition of holding certain offices simultaneously
Section 11E – [Further bar on holding two offices simultaneously
Section 11F – [Declaration of Panchayat area
Section 12AA – [Allowances to Pradhan, Up-Pradhan and members
Section 12B – [Meetings of Gram Panchayats
Section 12BB – [Superintendence, etc. of the election
Section 12BCA – [Requisitions of premises vehicles, etc. for election purposes
Section 12BCB – [Payment of compensation
Section 12BCC – [Power to obtain information
Section 12BCD – [Power of entry into and inspection of premises, etc.
Section 12BCE – [Eviction from requisitioned premises
Section 12BCF – [Release of premises from requisition
Section 12BD – [Breaches of official duty in connection with elections
Section 12H – [Casual Vacancy
Section 12J – [Temporary arrangement in certain cases
Section 14B – [Removal of Up-Pradhan
Section 15A – [Preparation of plan
Section 16 – [Functions that may be assigned to Gram Panchayat
Section 25 – [Staff
Section 25A – [Secretary
Section 27 – [Surcharge
Section 28A – [Bhumi Prabandhak Samiti
Section 29 – [Committees
Section 32A – [Finance Commission
Section 41 – [Budget of Gram Panchayat
Section 96A – [Delegation of powers by State Government
Section 97A – [Penalty for contravention of any order regarding requisition
Section 109A – [Custody and mode of proof of records
Section 115 – [Succession to property, assets, rights liabilities and obligations in certain cases
Section 118 – [Provision until the Constitution of Gram Panchayats
Section 119 – [Power of remove difficulties