UTTAR PRADESH KSHETTRA PANCHAYATS AND ZILA PANCHAYATS
ADHINIYAM, 1961 [AMENDED UPTO 2022]
[THE UTTAR PRADESH KSHETTRA PANCHAYATS AND ZILA
PANCHAYATS ADHINIYAM, 1961 [AMENDED UPTO 2022]]
[Act No. 33 of 1961]
PREAMBLE
An
Act to provide for establishment of [2][Kshettra Panchayat and Zila Panchayat] in Uttar
Pradesh
[Passed
in Hindi by the Uttar Pradesh Legislative Assembly on September 14, 1960 and by
the Uttar Pradesh Legislative Council with amendments on May 1, 1961, which
were accepted by the Uttar Pradesh Legislative Assembly on May 19, 1961.]
[Received
the asset of the President on November 29, 1961, under Article 201 of the
Constitution of India and was published in the Uttar Pradesh Gazette,
Extraordinary, dated December 3, 1961.]
Whereas
it is expedient to provide for the establishment of Kshettra Panchayats and
Zila Panchayats in the Districts of Uttar Pradesh to undertake certain
Governmental functions at Kshettra and District levels respectively in
furtherance of the principles of democratic decentralization of governmental
functions and for ensuring proper Municipal Government in rural areas, and to
correlate the powers and functions of Gram Sabhas under the United Provinces
Panchayat Raj Act, 1947 (U.P. Act 26 of 1947), with Kshettra Panchayats and
Zila Panchayats.
It
is hereby enacted in the Twelfth Year of the Republic of India as follows:
Section 1 - Short title, extent and commencement
(1) This Act may be called the Uttar Pradesh [Kshettra
Panchayats and Zila Panchayats] Adhiniyam, 1961.
(2) It extends to the whole of Uttar Pradesh.
[(3) Notwithstanding anything contained in
Sub-section (2), the State Government may, upon being satisfied that it is so
desirable on account of a national emergency or for the preservation of the
safety or security of the country or any part thereof, by notification in the
Gazette, suspend or withdraw the operation of this Adhiniyam in respect of any district or portion of
any district in Uttar Pradesh that the provisions of the Adhiniyam shall apply
to such area with such modifications in the nature of additions, omissions or
alterations as the State Government may specify and thereupon the operation of
the Adhiniyam to such district or portion thereof shall remain suspended or
withdrawn or the provisions of the Adhiniyam shall apply with the modifications
so specified, as the case may be, till the notification is cancelled.]
Section 2 - Definition
In
this Act unless there be something repugnant in the subject or context-
(1) "Scheduled Castes" means the castes
deemed to be Scheduled Castes for the purposes of the Constitution of India;
(2) "Scheduled Bank" shall have the meaning
assigned to the expression in the Reserve Bank of India Act, 1934 (Act II of
1934);
(3) "Antarim Zila Parishad" means the
Antarrim Zila Parishad constituted under Section 4 of the Uttar Pradesh Antarim
Zila Parishad Act, 1958 (U.P. Act XXII of 1958);
(4) "Bye-Law" means a bye-law made in
exercise of a power conferred by this Act;
(5) "Collector" includes an Additional
Collector to whom the Collector may have by order in writing delegated any of
his functions under this Act;
(6) "Kshettra Panchayat" means any Kshettra
Panchayat [incorporated] under
Section 5 and shall include any Committee, Member, Officer or Servant of the
Kshettra Panchayat at authorized or required under this Act to exercise any
power or perform any duty or function of the Kshettra Panchayat under this Act
[and "Kshettra Panchayat" shall mean a Kshettra Panchayat established
under this Act as it stood before its amendment by the Uttar Pradesh Panchayat
Laws (Amendment) Act, 1994.]
(7) ["Khand" means the Panchayat Area of a
Kshettra Panchayat specified as such under Section 3;
(8) 'Backward Classes', 'Gram Sabha', 'Gram Panchayat',
'Circle', 'State Election Commission', 'Finance Commission' and 'Population'
shall have the meanings respectively assigned to them under the United
Provinces Panchayat Raj Act, 1947.]
(9) "House" includes any shop, warehouse,
shed and any enclosure used for keeping cats or cattle;
(10) "Rural Area" means the area of a district
excluding every municipality, notified area, town area, cantonment and area of
[Municipal Corporation] situated
in the district;
(11) "Zila Panchayat" [means] a
Zila Panchayat [incorporated] under
Section 17 and shall include any committee and any member, officer or servant
of the Zila Panchayat, authorized or required under this Act to exercise any
power or perform any duty or function of the Zila Panchayat under this Act,
[and 'Zila Panchayat' shall mean a Zila Panchayat established under this Act,
as it stood before its amendment by the Uttar Pradesh Panchayat Laws
(Amendment) Act, 1994];
(12) "Servant of the Zila Panchayat" means a
person in the pay and service of the Zila Panchayat;
(13) "District Board" and "Board"
means the District Board established under the United Provinces District Boards
Act, 1922;
(14) "District Magistrate" means the District
Magistrate appointed under [Section 20 of the Code of Criminal Procedure, 1973];
(15) "District level Officers" means such
officers of the District as the State Government may from time to time specify
as such by notification in the Gazette;
(16) "Quarter" when referring to a period of
time means a period of three months commencing on the first day of any of the
months of January, April, July and October;
[(16-A) 'Mukhya Nirvachan Adhikari (Panchayat)'
means the Mukhya Nirvachan Adhikari (Panchayat) referred to in clause (kkk) of
Section 2 of the United Provinces Panchayat Raj Act, 1947;]
(17) (a) "Municipality", "Municipal
Board" and "Notified Area" shall have the meanings assigned to
them under the U.P. Municipalities Act, 1916 (U.P. Act II of 1916);
(b) "Town Area" shall have the meaning
assigned to it under the U.P. Town Areas Act, 1914 (U.P. Act II of 1914);
(c) "Cantonment"
and "Cantonment Board" shall have the meaning assigned to them under
the Cantonments Act, 1924 (U.P. Act II of 1924);
(d) "Notified
Area Committee" or "Committee for a Notified Area" means a
Committee constituted under Section 338 of the U.P. Municipalities Act, 1916
(U.P. Act II of 1916);
(e) "Town
Area Committee" or "Committee for a Town Area" means a Committee
established under Section 5 of the U.P. Town Area Act, 1914 (U.P. Act II of
1914);]
(18) [Municipal Corporation] means
a [Municipal Corporation] established
under the Uttar Pradesh [Municipal Corporation] Adhiniyam,
1959 (U.P. Act II of 1959);
(19) "Prescribed means prescribed by the Act or by
any rule made thereunder;
(20) "Prescribed Authority " means any person
or authority notified by the State Government in the Gazette as prescribed authority
for any purpose under this Act;
(21) "Rule" means a rule made by the State
Government in exercise of a power conferred by this Act;
(22) [x x x]
(23) "Appointed Date" with reference to a
Khand or District respectively means [date of constitution of the first
Kshettra Panchayat for that Khand or, as the case may be, the first Zila
Panchayat for that District under this Act as amended by the Uttar Pradesh
Panchayat Laws (Amendment) Act, 1994;]
(24) "Judge" means the District Judge and
includes any other Subordinate Civil Judicial Officer named or designated by
the District Judge in this behalf.
(25) "Bhumi Prabandhak Samiti" means a Bhumi
Prabandhak Samiti as defined in the United Provinces Panchayat Raj Act, 1947
(U.P. Act XXVI or 1947);
(26) "Division", "District" and "Tahsil"
shall have the same meanings as they have in the United Provinces Land Revenue
Act, 1901 (U.P. Act III of 1901);
(27) "Commissioner of the Division" with
reference to a Kshettra Panchayat or Zila Panchayat means the Commissioner
appointed under Section 12 of the United Provinces Land Revenue Act, 1901, for
the Division within which the Kshettra Panchayat or the Zila Panchayat, as the
case may be, exercises it jurisdiction and includes an Additional Commissioner
appointed under Section 13 of the same Act for such division;
(28) "State" means the State of Uttar Pradesh;
(29) "State Government" means the Government
of Uttar Pradesh;
(30) "Public Servant" means a Public Servant
as defined in Section 21 of the Indian Penal Code, 1860 (Act XLV of 1860);
(31) [x x x]
(32) [x x x]
(33) "Regulation" means a regulation made in
exercise of a power conferred by this Act;
(34) ["Constituent Gram Panchayat" with
reference to a Khand means a Gram Panchayat exercising jurisdiction within the
Khand.]
(35) "Government" means the Central Government
or the Government of any State of the Indian Union;
(36) "Person in the Service of the Government"
does not include a District Government Counsel, an Additional or Assistant
District Government Counsel, any other Counsel engaged by Government but not
paid a monthly salary, a Government Treasurer, a person holding a purely
honorary office, or a person who has retired from the service of the
Government;
(37) "Public Road" or "Public
Street" means any road street, bridge, culvert, thoroughfare, passage or
place over which the public in general have legally enforceable right of way
and which is vested in, or maintained by the Government or a local authority;
(38) "Public place" means a place, not being
private property, which is open to the use or enjoyment of the public whether
such place is vested in the local authority or not; and
(39) "Local Authority" includes a [Gram
Panchayat];
(40) ["Panchayat Area" in relation to-
(a) a Kshettra Panchayat means a territorial area of
the Kshettra Panchayat; and
(b) a Zila Panchayat means the territorial area of a
Zila Panchayat.]
Section 3 - Division of Rural Areas into Khands
CHAPTER II
[KSHETTRA PANCHAYATS AND ZILA PANCHAYATS] KSHETTRA
PANCHAYATS
The
State Government shall by notification in the Gazette divide the rural area of
each district into Khands specifying each Khand by a name and the limits or
constituents of its area and may likewise change the names or make
modifications in the areas and limits of the Khands by including therein or
excluding therefrom areas or create new Khands.
Section 4 - Effect of changes in Khands
When
any area is under Section 3 excluded from one Khand and included in another
such area shall cease to be subject to the jurisdiction of the Kshettra
Panchayat of the Khand from which it has been excluded and become subject to
the jurisdiction of the Kshettra Panchayat of the Khand in which it has been
included and to the rules, notifications, orders, directions and notices
applicable thereto and the State Government may place at the disposal of such
Kshettra Panchayat such portion of the assets of the Kshettra Panchayat from
whose jurisdiction the area has been excluded as it may deem proper and may
make such temporary orders and give such temporary directions as it may
consider necessary to effectuate the change.
Provided
that where the area excluded from the one Khand is included in a new Khand
having no Kshettra Panchayat constituted therefore, then [until a Kshettra
Panchayat is constituted for the new Khand] the
Kshettra Panchayat of the Khand from which that area has been excluded, shall
continue to exercise jurisdiction in that area, and anything done or any action
taken including any appointment or delegation made, notification, order or
direction issued, rule, regulation, from bye-law or scheme framed, permit or
licence granted or registration effected under the provisions of this Act, in
respect of such area by such Kshettra Panchayat, shall with respect to the new
Khand, be deemed to have been done or taken by the new Kshettra Panchayat under
the provisions of this Act and shall continue in force accordingly until
superseded by anything done or any action taken under this Act.
Section 5 - Constitution and incorporation of Kshettra Panchayat
[(1) There shall be a Kshettra Panchayat for every
Khand bearing the name of that Khand and constituted as hereinafter provided.
(2) The
Kshettra Panchayat shall be body corporate.
(3) The Kshettra Panchayat shall have its office
at such place as may be determined by the State Government and until so
determined, at the place at which it was situated immediately before the
commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994.]
[(4) Any vacancy in any category of members
referred to in clauses (a) to (d) of sub-section (1) of Section 6, shall be no
bar to the constitution or reconstitution of a Kshettra Panchayat.
(5) The Constitution of a Kshettra Panchayat shall
be notified in the Gazette.]
Section 6 - Composition of Kshettra Panchayat
(1) A Kshettra Panchayat shall consist of a Pramukh,
who shall be its Chairperson and-
(a) all the Pradhans of the Gram Panchayats in the
Khand;
(b) elected members, who shall be chosen by direct
election from the territorial constituencies in the Panchayat area and for this
purpose the Panchayat area shall be divided into territorial constituencies in
such manner that, so far as practicable, each territorial constituency shall
have a population of two thousand.
[Provided that the hill Districts of Nainital,
Almora, Pithoragarh, Tehri, Pauri, Dehradun, Chamoli or Uttarkashi, the State
Government may declare an area within a radius of one kilometer (diameter of
two kilometer) from the center of the village specified by it in this behalf,
to be territorial constituency though such area may have a population of less
than two thousand.
Provided
further that in the territorial constituency of a Kshettra Panchayat, no
territorial constituency of a constituent Gram Panchayat shall be included in
part]:
(c) the members of the House of the people and the
members of the Legislative Assembly of the State representing constituencies
which comprise wholly or partly the Khand,
(d) the members of the Council of State and the members
of the State Legislative Council who are registered as electors within the
Khand.
(2) The members of Kshettra Panchayat mentioned in
clauses (a), (c) and (d) of sub-section 1) shall be entitled to take part in
the proceedings and vote at the meetings of the Kshettra Panchayat except
in matters of election of and on a motion of no confidence against, the Pramukh
or the [x x x].
(3) Each territorial constituency referred to in clause
(b) of sub-section (1) shall be represented by one member.
[(4) Every elected member of the Zila Panchayat
representing constituency which comprises, wholly or partly, and Kshettra
Panchayat, shall be entitled to take part and express his views in the meetings
of such Kshettra Panchayat as a special invitee but shall have no right to vote
in such meetings.]
Section 6A - Reservation of seats
[(1) In every Kshettra Panchayat seats shall be
reserved for the persons belonging to the Scheduled Castes, the Scheduled
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 to be
filed by direct election in the Kshettra Panchayat as the population of the
Scheduled Castes in the Khand or of the Scheduled Tribes in the Khand or of the
Backward Classes in the Khand bears to the total population of such Khand and
such seats may be allotted by rotation to different territorial constituencies
in a Kshettra Panchayat in such order as may be prescribed.
Provided
that the reservation for the Backward Classes shall not exceed twenty seven per
cent of the total number of seats in the Kshettra Panchayat.
[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 prescribed manner.]
(2) Not
less than one-third of the seats reserved under sub-section (1) shall be
reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes
and the Backward Classes, as the case may be.
(3) Not less
than one-third of the total number of seats, including the number of seats
reserved under sub-section (2) shall be reserved for women and such seats may
be allotted by rotation to different territorial constituencies in a Kshettra
Panchayat in such order as may be prescribed.
(4) 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.]
Section 6B - Electoral rolls for Kshettra Panchayat
[(1) There shall be an electoral roll for each
territorial constituency of a Kshettra Panchayat.
(2) The
electoral roll for the territorial constituency of a Kshettra Panchayat shall
consist of the electoral rolls prepared under Section 9 of the United Provinces
Panchayat Raj Act, 1947 for all territorial constituencies of a Gram Panchayat
or Gram Panchayats comprised within the territorial constituency of the
Kshettra Panchayat and it shall not be necessary to prepare or revise
separately the electoral roll for any such territorial constituency of a
Kshettra Panchayat;
Provided
that any correction, deletion or addition made in the electoral roll after the
last date for making nominations for any election to the Kshettra Panchayat and
before the completion of that election shall not be taken into consideration
for the purposes of that election.]
Section 6C - Right to vote etc.
[Right to vote etc
Except
as otherwise provided by or under this Act, every person whose name is, for the
time being, included in the electoral roll for the territorial constituency of
a Kshettra Panchayat shall be entitled to vote at any election thereto and be
eligible for election to the membership or of any office in the Kshettra
Panchayat;
Provided
that a person who has not completed the age of twenty-one years shall not be
qualified to be elected as member or office bearer of the Kshettra Panchayat.]
Section 7 - Pramukh and [x x x]
[(1) In every Kshettra Panchayat a Pramukh, a [x
x x] and a [x x x] shall be elected
by the elected members of the Kshettra Panchayat from amongst themselves.
(2) The
election to the office of Pramukh and [x
x x] may be held notwithstanding any vacancy in the office of the elected
members of Kshettra Panchayat.]
[(3) Notwithstanding anything to the contrary
contained in any other provision of this Act, the persons who have been elected
to the office of the Up-pramukh before the commencement of the Uttar Pradesh
Panchayat Laws (Amendment) Act, 2007 shall continue to hold the office as such
till the expiry of their term as if the said Act were not enacted.]
Section 7A - Reservation of the offices of Pramukhs
[(1) The offices of the Pramukhs of Kshettra
Panchayats in the State shall be reserved for the persons belonging to the
Scheduled Castes, the Scheduled Tribes and the Backward Classes.
Provided
that the number of office of the Pramukhs so reserved shall bear, as nearly as
may be, the same proportion to the total number of such offices in the State as
the population of the Scheduled Castes in the State or of Scheduled Tribes in
the State or of the Backward Classes in the State bears to the total population
of the State and the offices so reserved may be allotted by rotation to
different Kshettra Panchayats in the State in such order as may be prescribed.
Provided
further that the reservation for the Backward Classes shall not exceed
twenty-seven per cent of total number of offices of Pramukhs in the State.
[Provided also that if the figures of population of
backward classes are not available, their population may be determined by
carrying out a survey in the prescribed manner.]
(2) Not
less than one-third of the offices reserved under sub-section (1) shall be
reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes
and the Backward Classes, as the case may be.
(3) Not less than one-third of the total number of
offices of Pramukhs, including the number of offices reserved under sub-section
(2), shall be reserved for women and such offices may be allotted by rotation
to different Kshettra Panchayats in the State in such order as may be
prescribed.
(4) The
reservation of the offices of Pramukhs for the Scheduled Castes and the
Scheduled Tribes under this 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 the persons
belonging to the Scheduled Castes, the Scheduled Tribes and the Backward
Classes, and the women from contesting election to unreserved offices.
Section 8 - Term of Kshettra Panchayat and its members
[(1) Every Kshettra Panchayat shall, unless sooner
dissolved under this Act, continue for five years the date appointed for its
first meeting and no longer.
(2) The
term of office of a member of a Kshettra Panchayat shall, unless otherwise
determined under the provisions of this Act, expire with the term of Kshettra
Panchayat.
(3) An
election to constitute a Kshettra Panchayat shall be completed-
(a) before the expiry of its duration specified in sub-section
(1);
(b) before the expiration of a period of six months
from the date of its dissolution.
Provided
that where the remainder of the period for which the dissolved Kshettra
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 Kshettra
Panchayat for such period.
[(3-A) Notwithstanding anything contained in any
other provisions of this Act where, due to unavoidable circumstances or in
public interest, it is not practicable to hold an election to constitute a
Kshettra Panchayat before the expiry of its duration, the State Government or
an officer authorized by it in this behalf may, by order, appoint an
Administrative Committee consisting of such number of persons qualified to be
elected as members of the Kshettra Panchayat, as it may consider proper or an
Administrator and the members of the Administrative Committee or the
Administrator shall hold office for such period not exceeding six months as may
be specified in the said order and all powers, functions and duties of the
Kshettra Panchayat, its Pramukh and Committees shall vest in and be exercised,
performed and discharged by such Administrative Committee or the Administrator,
as the case may be.]
(4) A Kshettra
Panchayat constituted upon the dissolution of a Kshettra Panchayat before
expiration of its duration shall continue only for the remainder of the period
for which the dissolved Kshettra Panchayat would have continued under
sub-section (1) had it not been so dissolved.
(5) A
person who has become a member of the Kshettra Panchayat under clauses (a), (c)
or (d) of sub-section (1) of Section 6 shall cease to be a member upon his
ceasing to hold the office by virtue of which he has become such member.]
Section 8A -
[x x x]
Section 9 - Term of Pramukh and [x x x] [46]
[(1)] Save
as otherwise provided in this Act the term of office of a Pramukh or [x
x x] of a Kshettra Panchayat shall commence upon his election and shall extend
up to the term of the Kshettra Panchayat.
[x x x]
[(2) Where the office of the Pramukh is vacant, the
District Magistrate may, by order, make such arrangement as he thinks fit for
the discharge of the functions of the Pramukh, till the Pramukh is elected.]
Section 9A - Temporary arrangement in certain cases
[When the Pramukh is unable to discharge his
functions owing to absence, illness or any other cause, the District magistrate
may, by order, make such arrangement, as he thinks fit, for the discharge of
the functions of the Pramukh until the date on which the Pramukh resumes his
duties.]
Section 10 - Constitution and reconstitution of Kshettra Panchayat
(1) The State Government shall arrange for the
constitution of the first Kshettra Panchayat for every khand and for the reconstitution
thereof [before the expiry of its term or when otherwise required for the
purpose of this Act] having
regard to the provisions of Section 6.
(2) [x x x]
(3) [x x x]
Section 11 - Resignation of Pramukh, [x x x] [55] or member
[(1) A Pramukh, [x
x x] or any elected member of the Kshettra Panchayat may resign his office by
writing under his hand
addressed, in the case of Pramukh, to the Adhyaksha of the Zila Panchayat
concerned, and on other cases to the Pramukh of the Kshettra Panchayat.]
(2) The resignation of the Pramukh shall take
effect on and from the date on which the sanction thereto of the Adhyaksha is
received in the office of the Kshettra Panchayat [and such Pramukh, [x
x x] or the member shall be deemed to have vacated his office] from
the date on which the notice is received in the office of this Kshettra
Panchayat.
Section 12 – [Filling of casual vacancies
If
a vacancy occurs by reason of death or otherwise in the office of Pramukh, [x
x x] or an elected member of the Kshettra Panchayat, it [shall be filled before
the expiration of a period of six months from the date of such vacancy],
in the manner provided for in Section 6 or 7, as the case may be, for the
residue of the term of his predecessor.
Provided
that if on the date of occurrence of such vacancy the residue of the term of
the Kshettra Panchayat is less than six months, the vacancy shall not be
filled.]
Section 13 - Disqualification for membership of Kshettra Panchayat
[A person shall be disqualified for being chosen as
and for being a member of a Kshettra Panchayat, if he
(a) is so disqualified by or under any law for the time
being in force for the purposes of election of the State Legislature;
Provided
that no person shall be disqualified on the ground that he is less than
twenty-five years of age, if he has attained the aged of twenty-one years.
(b) holds any office of profit under a State Government
or the Central Government or a local authority, or a Nyaya Panchayat
established under Section 42 of this United Provinces Panchayat Raj Act, 1947;
(c) has been dismissed from the service of a State
Government, the Central Government or a local authority or a Nyaya Panchayat or
a Co-operative Society registered under the Uttar Pradesh Co-operative
Societies Act, 1965 for misconduct;
(d) 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, inspite of being required to do
so by the Gram Panchayat, Nyaya 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.
(e) is an undischarged insolvent;
(f) has been convicted of an offence involving moral
turpitude.
(g) has been sentenced to imprisonment for a term
exceeding three months for contravention of any order made under the Essential
Commodities Act, 1955.
(h) 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
Supplies (Temporary Powers) Act, 1947.
(i) has been sentenced for an imprisonment for a term
exceeding three months under the U.P. Excise Act, 1910.
(j) has been convicted for an offence under the
Narcotic Drugs and Psychotropic Substances Act, 1985.
(k) has been convicted of an election offence.
(l) has been convicted of an offence under the U.P.
Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act,
1955.
(m) is debarred from practicing as a legal practitioner
by order of any competent authority.
(n) has been declared under Section 23 to have
committed any corrupt practice within the meaning of that section and such
declaration continues to be effective; or
(o) is not registered in the electoral rolls for any
territorial constituency of the Kshettra Panchayat.
Provided
that the period of disqualification under clauses (c), (e), (f), (g), (h), (i),
(j), (k) or (l) shall be five years from such date as may be prescribed.
Provided
further that the disqualification under clause (d) shall cease upon payment of
arrears or delivery of the record or 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.]
Section 14 - Disputes as to membership or disqualification
(1) If any dispute arises as to whether a person is a
member of the Kshettra Panchayat under [clause (a)] of
subsection (1) of Section 6, the dispute shall be referred in the manner
prescribed to the State Government and the decision of the State Government
shall be final and binding.
[(2) If any question arises as to whether a person
has been lawfully chosen a member of a Kshettra Panchayat or has ceased to
remain eligible to be such member the question shall be referred in the manner
prescribed to the Judge, whose decision shall be final and binding.]
(3) If the
Judge decides that the member was not lawfully chosen [x
x x] or has ceased to remain eligible to be a member of the Kshettra Panchayat
such member shall cease to be a member of the Kshettra Panchayat from the date
of such decision.
Section 15 - Motion of non-confidence in Pramukh or [x x x] [67]
(1) A motion expressing want of confidence in the
Pramukh or any
[x x x] of a Kshettra Panchayat may be made and proceeded with in accordance
with the procedure laid down in the following sub-sections.
(2) A written notice of
intention to make the motion in such form as may be prescribed, signed by at
least half of the total number of [elected
members of the Kshettra Panchayat] for the time being together with a copy of
the proposed motion, shall be delivered in person, by any one of the members
signing the notice, to the Collector having jurisdiction over the Kshettra
Panchayat.
(3) The collector shall thereupon-
(i) convene a meeting of the Kshettra Panchayat for the
consideration of the motion at the office of the Kshettra Panchayat on a date
appointed by him, which shall not be later than thirty days from the date on
which the notice under sub-section (2) was delivered to him; and
(ii) give to the [elected
member of the Kshettra Panchayat] notice of not less than fifteen days of such
meeting in such manner as may be prescribed.
Explanation-
In computing the period of thirty days specified in this sub-section, the
period during which a stay order, if any, issued by a Competent Court on a
petition filed against the motion made under this section is in force plus such
further time as may be required in the issue of fresh notices of the meeting to
the members shall be excluded.
(4) The sub-divisional officer of the sub-division in
which the Kshettra Panchayat exercises jurisdiction shall preside at such
meeting;
Provided
that if the Kshettra Panchayat exercises jurisdiction in more than one
sub-division of the sub-divisional officer cannot for any reason preside, any
stipendiary additional or assistant Collector named by the Collector shall
preside at the meeting.
[(4-A) If within an hour from the time appointed
for the meeting such officer is not present to preside at the meeting, the
meeting shall stand adjourned to the date and time to be appointed by him under
sub-section (4-B).
(4-B) If the officer mentioned in sub-section (4)
is unable to preside at the meeting, he may, after recording his reasons,
adjourn the meeting to such other date and time as he may appoint, but not
later than 25 days from the date appointed for the meeting under sub-section
(3). He shall without delay inform the Collector in writing of the adjournment
of the meeting. The Collector shall give to the members at least ten days'
notice of the next meeting in the manner prescribed under sub-section 3.]
(5) [Save as provided in sub-section (4-A) and (4-B), a
meeting] convened for the
purpose of considering a motion under this section, shall not be adjourned.
(6) As soon as the meeting convened under this section
commences, the Presiding Officer shall read to the Kshettra Panchayat the
motion for the consideration of which the meeting has been convened and declare
it to be open for debate.
(7) No debate on the motion under this section shall be
adjourned.
(8) Such debate shall automatically terminate on the
expiration of two hours from the time appointed for the commencement of the
meeting, if it is not concluded earlier. On the conclusion of the debate or on
the expiration of the said period of two hours, whichever is earlier, the
motion shall be put to vote [which shall be held in the prescribed manner by
secret ballot].
(9) The Presiding Officer shall not speak on the merits
of the motion and he shall not be entitled to vote thereon.
(10) A copy of the minutes of the meeting, together with
a copy of the motion and the result of the voting thereon, shall be forwarded forthwith
on the termination of the meeting by the Presiding Officer to the State
Government and to the Zila Panchayat having jurisdiction.
(11) If the motion is carried with the support of [not less than two-third] of the total number of [elected
members of the Kshettra Panchayat] for the time being-
(a) the Presiding Officer shall cause the fact to be
published by affixing a notice thereof on the notice board of the office of the
Kshettra Panchayat and also by notifying the same in the Gazette; and
(b) the Pramukh or [x
x x], as the case may be, shall cease to hold office as such and vacate the
same on and from the date next following that on which the said notice is fixed
on the notice board of the office of Kshettra Panchayat.
(12) If the motion is not carried as aforesaid or if the
meeting could not be held for want of quorum, no notice of any subsequent
motion expressing want of confidence in the same Pramukh or [x
x x] shall be received until after the expiration of [two years] from the date of such meeting.
(13) No notice of a motion under this section shall be
received within [two
years]of the assumption of office by a Pramukh or [x
x x], as the case may be.
Section 16 - [Removal of Pramukh or [x x x] [82]
(1) If in the opinion of the State Government the
Pramukh or any [x
x x] of a Kshettra Panchayat willfully omits or refuses to perform his duties
and functions under this Act, or abuses the powers vested in him or is found to
be guilty of misconduct in the discharge of his duties or becomes physically or
mentally incapacitated for performing his duties, the State Government may,
after giving the Pramukh or such [xxx]
as the case may be, a reasonable opportunity for explanation and after
consulting the Adhyaksha of the Zila Panchayat concerned in the matter and taking
into consideration his opinion, if received within thirty days from the date of
the dispatch of the communication for such consultation, by order, remove such
Pramukh or [x x x], as the case may
be, from office, and such order shall be final and not open to be questioned in
a Court of law.
Provided that where, in an enquiry held by such
person and in such manner as may be prescribed, a Pramukh or [x
x x] is prima facie found to have committed financial and other irregularities,
such Pramukh or [x
x x] 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
elected members of the Kshettra Panchayat appointed in this behalf by the State
Government.
(2) A Pramukh or [x
x x] removed from his officer under this section, shall not be eligible for
re-election as Pramukh or [x
x x] for a period of three years from the date of his removal.]
Section 17 - Establishment and incorporation of Zila Panchayat
[(1) There shall be a Zila Panchayat for each
district bearing the name of the district and constituted as hereinafter
provided.
(2) The
Zila Panchayat shall be a body corporate.]
[(2-A) The Zila Panchayat shall have its office at
such place as may be determined by the State Government, and until so
determined, at the place at which it was situated immediately before the
commencement of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats
(Sansodhan) Adhyadesh, 1965].
(3) Where a new District is created, the Zila
Panchayat having jurisdiction in any area therein immediately before the
creation of the new district shall continue to exercise such jurisdiction until
a new Zila Panchayat is established in that district, and on the establishment
of a new Parishad-
(i) all
taxes, fees, fines, or penalties imposed or levied and all licences or permits
granted on the date immediately preceding the date on which such Zila Panchayat
is established (hereinafter called the said date), by the Zila Panchayat which
had jurisdiction in the area of the new district, shall be deemed to have been
imposed, levied or granted by the new Zila Panchayat under and in accordance
with the provisions of this Act and shall, until abolished, modified or
changed, continue to be so realizable or effective; and
(ii) anything
done or any action taken, including any appointment or delegation made,
notification, order or direction issued, rule, regulation, form bye-law or
scheme framed, permit or licence granted or registration effected under the
provisions of this Act by the Zila Panchayat having jurisdiction in the area of
the new district immediately preceding the said date, shall, with respect to
the new district be deemed to have been done or taken by the new Zila Panchayat
under the provisions of this Act and shall continue in force accordingly unless
and until superseded by anything done or any action taken under this Act.
(4) If at any time any area is newly included in
any existing district and on the date immediately preceding the date of such
inclusion a Zila Panchayat was exercising jurisdiction over such area, the
provisions of sub-section (3) shall apply as if the area newly included were a
new district and Zila Panchayat newly constituted for the enlarged district
were the new Zila Panchayat for the purpose of the sub-section.
[(5) Any vacancy in any category of members
referred to in clauses (a) to (d) of sub-section (1) of Section 18 shall be no
bar to the constitution or reconstitution of a Zila Panchayat.
(6) The Constitution of a Zila Panchayat shall be
notified in the Gazette.]
Section 18 - Composition of Zila Panchayat
[(1) A Zila Panchayat shall consist of an Adhyaksha
who shall be its Chairperson, and-
(a) Pramukh of all Kshettra Panchayats in the District;
(b) Elected members, who shall be chosen by direct
election from the territorial constituencies in the Panchayat area and for this
purpose the Panchayat area shall be divided into territorial constituencies in
such manner that, so far as practicable, each such territorial constituency
shall have a population of fifty thousand.
[Provided that in the hill districts of Nainital,
Almora, Pithoragarh, Tehri, Pauri, Dehradun, Chamoli or Uttarkashi, the State
Government may declare an area within a radius of seven kilometers (diameter of
fourteen kilometers) from the center of the village specified by it in this
behalf, or an area equivalent thereto as may be prescribed, to be a territorial
constituency though such constituency may have a population of less than fifty
thousand.
Provided
further that in the territorial constituency of a Zila Panchayat, no
territorial constituency of a Kshettra Panchayat comprised within it, shall be
included in part.]
(c) the member of the House of the People and the
members of Legislative Assembly of the State representing constituencies which
comprise any part of the Panchayat area;
(d) the members of the council of States and the
members of the State Legislative Council who are registered as electors within
the Panchayat area.
(2) The members of the Zila Panchayat mentioned in
clauses (a), (c) and (d) of sub-section (1) shall be entitled to take part in
the proceedings and vote at the meetings of the Zila Panchayat except in
matters of election of, and on a motion of no-confidence against, the Adhyaksha
or the [x x x].
(3) Each territorial constituency referred to in
clause (b) of sub-section (1) shall be represented by one member.]
[(4) The territorial constituencies of a Zila
Panchayat may be delimitated in the prescribed manner and if necessary rules in
this regard may be made with retrospective effect from date not earlier than
the date of commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act,
1994.]
Section 18A – [Reservation of seats
(1) In every Zila Panchayat, seats shall reserved
for the persons belonging to the Scheduled Castes, the Scheduled 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 to be filled by
direct election in the Zila Panchayat as the population of the Scheduled Castes
in the Panchayat area or of the Schedules Tribes in the Panchayat area or of the
Backward Classes in the Panchayat area bears to the total population of that
area and such seats may be allotted by rotation to different territorial
constituencies in a Zila Panchayat in such order as may be prescribed.
Provided
that the reservation for the Backward Classes shall not exceed twenty seven per
cent of the total number of seats in the Zila Panchayat.
[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 prescribed manner.]
(2) Not
less than one third of the seats reserved under sub-section (1) shall be
reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes
and the Backward Classes as the case may be.
(3) Not
less than one third of the total number of seats, including the number of seats
reserved under sub-section (2), shall be reserved for women and such seats may
be allotted by rotation to different territorial constituencies in a Zila
Panchayat in such order as may be prescribed.
(4) 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, the Backward Classes,
and the women from contesting election to unreserved seats.]
Section 18B - Electoral roll for Zila Panchayat
[(1) There shall be an electoral roll for each
territorial constituency of Zila Panchayat.
(2) The
electoral roll for the territorial constituency of a Zila Panchayat shall
consist of the electoral rolls for all such territorial constituencies of a
Kshettra Panchayat or Kshettra Panchayats as are comprised within the
territorial constituencies of Zila Panchayat and it shall not be necessary to
prepare or revise separately the electoral roll for any such territorial
constituency of Zila Panchayat.
Provided
that any correction, addition or deletion made in the electoral roll after the
last date for making nominations for elections to the Zila Panchayat and before
the completion of that election shall not be taken into consideration for the
purpose of that election.]
Section 18C - [Right to vote etc.
Except
as otherwise by or under this Act, every person whose name is for the time
being, included in the electoral roll for the territorial constituency of a
Zila Panchayat shall be entitled to vote at any election thereto and be eligible
for election to the membership or to any office in the Zila 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 Zila Panchayat.]
Section 19 - [Adhyaksha and [x x x] [102]
(1) In every Zila Panchayat an Adhyaksha and a [x
x x] shall be elected by the elected members of the Zila Panchayat from amongst
themselves.
(2) The election to the office of Adhyaksha and [x
x x] may be held notwithstanding any vacancy in the office of the elected
members of the Zila Panchayat.]
Section 19A - [Reservation of the offices of Adhyaksha
(1) The offices of the Adhyaksha of the Zila Panchayats
in the State shall be reserved for the persons belonging to the Scheduled Castes,
the Scheduled Tribes and the Backward Classes.
Provided
that the number of offices of Adhyakshas so reserved shall bear, as nearly as
may be the same proportion to the total number of such offices in the State 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 and the offices so reserved shall be allotted by rotation
to different Zila Panchayats in the State in such order as may be prescribed.
Provided
further that the reservation for the Backward Classes shall not exceed twenty
seven per cent of the total number of offices of Adhyakshas in the State.
[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 prescribed manner.]
(2) Not less than one third of the offices reserved
under sub-section (1) shall be reserved for the women belonging to the
Scheduled Castes, the Scheduled Tribes, or the Backward Classes as the case may
be.
(3) Not less than one third of the total number of
offices of the Adhyakshas, including the number of offices reserved under
sub-section (2) shall be reserved for women and such offices may be allotted by
rotation to different Zila Panchayats in the State in such order as may be
prescribed.
(4) The reservation of the offices of Adhyaksha for the
Scheduled Castes and the Scheduled Tribes under this 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 the persons belonging
to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and the
women from contesting election to unreserved offices.]
Section 20 - [Term of Zila Panchayat and its members
(1) A Zila Panchayat shall unless sooner dissolved
under Section 232, continue for five years from the date appointed for its
first meeting and no longer.
(2) The term of office of a member of a Zila Panchayat
shall, unless otherwise determined under the provisions of this Act, expire
with the term of the Zila Panchayat.
(3) An election to constitute a Zila Panchayat shall be
completed-
(a) before the expiry of its duration specified in
sub-section (1).
(b) before the expiration of a period of six months
from the date of its dissolution;
Provided
that where the remainder of the period for which the dissolved Zila 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 Zila Panchayat.
[(3-A) Notwithstanding anything contained in any
other provisions of this Act where, due to unavoidable circumstances or in
public interest, it is not practicable to hold an election to constitute a Zila
Panchayat before the expiry of its duration. The State Government or an officer
authorized by it in this behalf may, by order, appoint an Administrative
Committee consisting of such number of persons qualified to be elected as
members of the Zila Panchayat, as it may consider proper or an administrator
and the members of the administrative committee or the Administrator shall hold
office for such period not exceeding sis months as may be specified in the said
order and all powers, functions and duties of the Zila Panchayat, its Adhyaksha
and Committees shall vest in and be exercised, performed and discharged by such
Administrative Committee or the Administrator, as the case may be.]
(4) A Zila Panchayat constituted upon the dissolution
of a Zila Panchayat before the expiration of its duration shall continue only
for the remainder of the period for which the dissolved Zila Panchayat would
have continued under sub-section (1) had it not been so dissolved.
(5) A person who has become a member of Zila Panchayat
under clauses (a), (c) and (d) of sub-section (1) of Section 18 shall cease to
be a member upon this ceasing to hold the office by virtue of which he has
become such member.]
Section 21 - Terms of Adhyaksha and [x x x] [110]
Save
as otherwise provided in this Act, the term of office of the Adhyaksha or
the [x x x] shall commence on
his election and shall end with the term of the Zila Panchayat.
Section 21A - [Temporary arrangement in certain cases
When
the office of the Adhyaksha is vacant or he is unable to discharge his
functions owing to the absence, illness or any other cause, the State
Government may by order, make such arrangement, as it think fit, for the
discharge of the functions of such Adhyaksha until the date on which the
Adhyaksha resumes his duties.]
Section 22 - Constitution and re-constitution of Zila Panchayat and recovery of expenses of election
(1) The State Government shall arrange for the
Constitution or reconstitution of the Zila Panchayat before the expiry of the
term of the existing Zila Panchayat, if, or whenever otherwise required for the
purposes of this Act.
(2) [x x x]
Section 23 - Disqualification for corrupt practices
(1) An authority competent to decided election disputes
under this Act, or the rules made thereunder may declare any candidate found to
have committed any corrupt practice to be incapable, for any period not
exceeding five years from the date of declaration, of being chosen [x x x] as
a member of a Kshettra Panchayat or a Zila Panchayat, or elected as a Pramukh
of a Kshettra Panchayat or an Adhyksha of a Zila Panchayat, or of being
appointed or retained in any office of place in the gift or disposal of a
Kshettra Panchayat or Zila Panchayat.
(2) A person shall be deemed to have committed a
corrupt practice, who directly or indirectly by himself or by any other person-
(i) induces, or attempts to induce, by fraud,
intentional misrepresentation, coercion or threat of injury, any voter to give
or to refrain from giving a vote in favour of any candidate;
(ii) with a view to inducing any voter to give or to
refrain from giving a vote in favour of any candidate, offers or gives any
money, or valuable consideration or any place, or employment, or holds out any
promise of individual advantage or profit to a person;
(iii) gives or procures the giving of a vote in the name
of a voter who is not the person giving such vote;
(iv) abets (within the meaning of the Indian Penal Code)
the doing of any of the acts specified in clauses (i), (ii) and (iii);
(v) induces or attempts to induce a candidate or
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;
(vi) canvasses on grounds of caste, community, sect or
religion; or
(vii) commits such other practice as the State Government
may, by rule, prescribe to be a corrupt practice.
Explanation-
A "promise of individual advantage or profit to person" includes a
promise for the benefit of the person himself, or of any one in whom he is
interested, but does not include a promise to vote for or against any
particular measure in a Kshettra Panchayat or Zila Panchayat.]
Section 24 - Resignation of Adhyaksha, [x x x] [116] or member
[(1) An Adhyaksha, [x
x x] or any elected member of the Zila Panchayat may resign his office by
writing under his hand addressed, in the case of Adhyaksha, to the State
Government, and in other case to the Adhyaksha, and delivered to the Mukhya
Adhikari of the Zila Panchayat.]
(2) The
resignation of the Adhyaksha shall take effect on and from the date on which
the sanction thereto of the State Government is received in the office of the
Zila Panchayat and the resignation of an [x
x x] or member shall take effect on and from the date on which the resignation
is accepted by the Adhyaksha [and such Adhyaksha, [x
x x] or member shall be deemed to have vacated his office.]
Section 25 - [Filling of casual vacancy
If
a vacancy occurs by reasons of death or otherwise in the office of
Adhyksha, [x
x x] or an elected member of the Zila Panchayat, it [shall
be filed before the expiration of a period of 6 months from the date of such
vacancy], in the manner provided for in Section 18 or 19, as the case may be,
for the residue of the term of his predecessor.
Provided
that if on the date of occurrence of such vacancy the residue of the term of
the Zila Panchayat is less than six months, the vacancy shall not be filled.]
Section 26 - Disqualification for being a member or an Adhyaksha
A
person who is subject to any of the disqualifications mentioned in Section 13,
shall be disqualified for being elected as a member under Section 18 or as an
Adhyksha or [x
x x] under Section 19.]
Section 27 - Disputes as to membership or disqualifications
(1) If any dispute arises as to whether a particular person
is a member of the Zila Panchayat under [clause (a)] of
Section 18, the dispute shall be referred in the manner prescribed to the State
Government and the decision of the State Government shall be final and binding.
(2) If a dispute arises as to whether a person-
(a) has been lawfully chosen [x x x] a
member of a Zila Panchayat under Section 18; or
(b) has ceased to remain eligible for being chosen [x x
x] a
member [x x x] of
the Zila Panchayat for the purposes of Section 20; or
(c) has become disqualified to be Adhyaksha or [x
x x] for the purposes of Section 19.
the dispute shall be referred in the manner
prescribed to the Judge whose decision shall be final and binding.
Section 27A - Bar to legislators and holders of certain offices becoming or continuing as [Pramukh, Up-Pramukh, Adhyaksha, Upadhyaksha or Member][131]
(1)
Notwithstanding anything contained in Section 7, 19 and 27-
(a) a person shall be disqualified for being elected
as, and for being, a [Pramukh,
Up-Pramukh, Adhyaksha, Upadhyaksha or Member]
if he is-
(i) a member of Parliament or of the State Legislature,
or
(ii) Nagar Pramukh or [x
x x] of a [Municipal Corporation],
or
(iii) President or vice-president of a [Municipality],
or
(iv) Chairman of a Town Area Committee or President of a
Notified Area Committee.
(b) if a person after his election as [Pramukh, Up-Pramukh, Adhyaksha, Upadhyaksha or
Member] is subsequently elected or nominated to any
of the offices mentioned in sub-clause (i) to (iv) of clause (a), he shall, on
the date of first publication in the Gazette of India or of Uttar Pradesh of
the declaration of his election or his nomination cease to hold the office of
[Pramukh or Adhyaksha] and
a casual vacancy shall thereupon occur in the office of [Pramukh, Up-Pramukh, Adhyaksha, Upadhyaksha or
Member] as the case may be.
(c) no question or dispute as to whether a person has
ceased to hold the office of Adhyaksha or [x
x x] under clause (b) shall be referred to or be raised before the Judge under
Section 27; or
(d) no suit in respect of any question or dispute as to
whether a person has ceased to hold the officer of [Pramukh, Up-Pramukh, Adhyaksha, Upadhyaksha or
Member] under clause (b) shall lie in any Civil
Court.
(2) Notwithstanding any judgment, decree or order of
any Court or tribunal to the contrary, where any person after his election as [Pramukh, Up-Pramukh, Adhyaksha, Upadhyaksha or
Member] is subsequently, at any time before the
thirtieth day of April, 1969, elected or nominated to any of the offices
mentioned in sub-clauses (i) to (iv) of clause (a) of sub-section (1) and
continues immediately before the said date to hold such office, he shall on the
said date, cease to hold the office or [Pramukh, Up-Pramukh, Adhyaksha, Upadhyaksha or
Member] and a casual vacancy shall thereupon occur in the
office of [Pramukh, Up-Pramukh, Adhyaksha,
Upadhyaksha or Member]
as the case may be, and the provisions
of clauses (c) and (d) of the said sub-section shall apply in relation to such
cessation as they apply in relation to cessation under clause (b) of that
sub-section, and any reference pending before the Judge under Section 27 or any
suit pending in any Civil Court immediately before the said date in respect of
any such question or dispute shall abate.]
Section 27B - [Prohibition of holding more than one seat simultaneously
No
person shall simultaneously-
(a) be a member of Kshettra Panchayat for more than one
territorial constituency; or
(b) be a member of a Zila Panchayat for more than one
territorial constituency;
and
the rules may provide for the vacation of all but one seat by any person
elected for more than one territorial constituency in a Kshettra Panchayat or
Zila Panchayat.]
Section 27C - [Further bar on holding two offices simultaneously
(1) A person shall be disqualified for being elected to
or holding the office of-
(a) a member, Pramukh or [x
x x] of a Kshettra Panchayat if he is a member, Adhyaksha or [x
x x] of the Zila Panchayat; and
(b) a member, Adhyaksha or [x
x x] of the Zila Panchayat if he is a member, Pramukh or [x
x x] of a Kshettra Panchayat.
(2) A person shall cease to hold the office of member,
Pramukh or [x
x x] of a Kshettra Panchayat, as the case may be if subsequently or
simultaneously, he is elected to the office of member, Adhyaksha or [x
x x] of the Zila Panchayat with effect from the date of such election to the
office of member, Adhyaksha or [x
x x] of the Zila Panchayat, as the case may be.
(3) Notwithstanding anything in this Act, if in the
first elections held after the commencement of the Uttar Pradesh Panchayat Laws
(Amendment) Act, 1994, a person is chosen to more than one office which he is
disqualified to hold simultaneously under sub-section (1), he shall submit his
resignation from all but one of these offices within sixty days of the
declaration of the results of elections, or if the declaration of the results
of elections in respect of the said offices has been made on different dates,
within sixty days of the last of such dates and in the event of failure to so resign,
all offices except the office in the Zila Panchayat shall be deemed vacant.]
Section 28 - Motion of no-confidence in Adhyaksha or [x x x] [154]
(1) A motion expressing want of confidence in the
Adhyaksha or [x x x] of
a Zila Panchayat may be made and proceeded with in accordance with the
procedure laid down in the following sub-section.
(2) A written notice of
intent on to make the motion, in such form as may be prescribed, signed by not
less than one-half of the total number of [elected members] of
the Zila Panchayat for the time being, together with a copy of the proposed
motion, shall be delivered in person, by any one of the members signing the
notice, to the collector having jurisdiction over the Zila Panchayat.
(3) The collector shall thereupon-
(i) convene a meeting of the Zila Panchayat for the
consideration of the motion at the office of the Zila Panchayat on a date
appointed by him, which shall not be later than thirty days from the date on
which the notice under sub-section (2) was delivered to him; and
(ii) give to the [elected members] notice
of not less than fifteen days of such meeting in such manner as may be
prescribed.
Explanation-In
computing the period of thirty days specified in this sub-section, the period
during which a stay order, if any, issued by a Competent Court on a petition
filed against the motion made under this section is in force plus such further
time as may be required in the issue of fresh notice of the meeting to the
[elected members] shall
be excluded.
(4) The collector shall arrange with the District Judge
of the district to preside at such meeting.
Provided
that the District Judge may instead of presiding himself direct a Civil
Judicial Officer not below the rank of a Civil Judge subordinate to him to
preside at the meeting.
[(4-A) If within an hour from the time appointed
for the meeting such officer is not present to preside at the meeting, the
meeting shall stand adjourned to the date and time to be appointed by him under
sub-section (4-B).
(4-B) If the Officer mentioned in sub-section (4)
is unable to preside at the meeting, he may, after recording his reasons,
adjourn the meeting to such other date and time as he may appoint, but not less
than 25 days from the date of appointed for the meeting under sub-section (3).
He shall without delay inform the Collector in writing of the adjournment of
the meeting. The Collector shall give to the [elected members] at
least ten days notice of the next meeting in the manner prescribed under
sub-section (3).]
(5)
[Save
as provided in sub-section (4-A) and (4-B) a meeting convened
for the purpose of considering a motion under this section shall not be
adjourned.
(6)
As
soon as the meeting convened under this section commences, the Presiding
Officer shall read to the Zila Panchayat the motion for the consideration of
which the meeting has been convened and declare it to be open for debate.
(7)
No
debate on the motion under this section shall be adjourned.
(8)
Such
debate shall automatically terminate on the expiration of two hours from the
time appointed for the commencement of the meeting, if it is not concluded
earlier. On the conclusion of the debate or on the expiration of the said
period of two hours, whichever is earlier, the motion shall be put to vote
[which shall be held in the prescribed manner by secret ballot.][163]
(9)
The
Presiding Officer shall not speak on the merits of the motion and he shall not
be entitled to vote thereon.
(10)
A
copy of the minutes of the meeting together with a copy of the motion and the
result of voting thereon shall be forwarded on the termination of the meeting
by the Presiding Officer to the State Government and to the Collector.
(11) If the motion is carried with the support of [not less than two-third] of the total number of [elected members][165] of the Zila Panchayat for the time being-
(a) the Presiding Officer shall cause the fact to be
published by affixing forthwith a notice thereof on the notice board of the
office of the Zila Panchayat and also by notifying the same in the Gazette; and
(b) the Adhyaksha [or
the [x x x]], as the case may be,
shall cease to hold office as such and vacate the same on and from the date
next following that on which the said notice is affixed on the notice board of
the office of the Zila Panchayat.
(12) If the motion is not carried as aforesaid or if the
meeting could not be held for want of a quorum, no notice of any subsequent
motion expressing want of confidence in the Adhyaksha [or
the [x x x]], as the case may be,
shall be received until after the expiration of [two years] from the date of such meeting.
(13) No notice of a motion under this section shall be
received within [two years] of the assumption of office by an
Adhyaksha [or
the [xxx]], as the case may be.
Section 29 - Removal of Adhyaksha or [x x x] [174]
(1) If in the opinion of the State Government the
Adhyaksha or the [x x x] while
acting in place of Adhyaksha willfully omits or refuses to perform his duties
or functions under this Act or abuses the powers vested in him or is found to
be guilty of misconduct in the discharge of his duties, [or because physically
or mentally incapacitated for performing his duties] the
State Government, after giving the Adhyaksha or [x x x],
as the case may be, a reasonable opportunity for explanation may by order
remove him from office [and such order shall be final and not open to be
questioned in a Court of law].
[Provided that where in an enquiry held by such
person and in such manner as may be prescribed. An Adhyaksha or [x
x x] is prima facie found to have committed financial and other irregularities
such Adhyaksha or [x
x x] 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
elected members of the Zila Panchayat appointed in this behalf by the State
Government.]
(2) [x x x]
(3) An Adhyaksha or [x x x],
removed from his office under this section, shall not be eligible for election
as Adhyaksha or [x x x] for
a period of three years from the date of his removal.
Section 30 - Residence of member of Council of States or State Legislative Council
[x
x x].
Section 31 - exercise of Powers and performance of functions under the Act
CHAPTER III
POWERS AND FUNCTIONS
OF [KSHETTRA
PANCHAYATS AND ZILA PANCHAYATS]
(1) Every Kshettra Panchayat and Zila Panchayat shall
exercise the powers and perform the functions conferred and entrusted or
delegated to it by or under this Act.
(2) Notwithstanding anything contained in this or any
other law for the time being in force, the State Government may, at any time,
entrust to any Kshettra Panchayat or all Kshettra Panchayat or to any Zila
Panchayat or all Zila Panchayats any of the functions for the time being
performed by any of its departments below or at the district level and to
withdraw the function so entrusted.
[(3) Where the State Government entrusts any
function to Zila Panchayat or Kshettra Panchayat under sub-section (2), it may
direct that any scheme, plan or project of the concerned department shall also
be transferred to, and implemented by or under the control of the Zila
Panchayat or the Kshettra Panchayat, as the case may be.]
Section 32 - General powers and functions of the Kshettra Panchayats
Every
Kshettra Panchayat shall, within the Khand exercise powers and perform the
functions specified in Schedule-I.
Section 33 - General powers and functions of Zila Panchayats
(1) Every Zila Panchayat shall exercise and perform the
following powers and functions-
(i) to classify fairs and festivals, other than those
that are or may hereafter be managed by the State Government as festivals, Gram
Panchayat fairs and festivals, Kshettra Panchayat fairs and Zila Panchayat
fairs and festivals for purpose of management and control by Gram Panchayats,
Kshettra Panchayats and Zila Panchayats and to reverse such classification when
so deemed necessary or desirable;
(ii) to classify roads as village roads, inter-village
roads and district roads for the purpose of management by Gram Panchayats,
Kshettra Panchayats and the Zila Panchayats respectively;
(iii) to supervise generally in accordance with rules
made in this behalf the activities of Gram Panchayats and Kshettra Panchayats
of the District;
(iv) to act, subject to the rules made in this behalf,
as the main channel of correspondence between the State Government on the one
hand and the Kshettra Panchayats and Gram Panchayats on the other;
(v) the powers and functions specified in Part 'A' of
Schedule II;
(vi) performance of such other functions as may be
prescribed.
(2) A Zila Panchayat may make reasonable provision
within the District in respect of matters specified in Part 'B' of Schedule II.
Section 34 - Transfer to any function by Zila Panchayat or Kshettra Panchayat to another local authority
(1) Notwithstanding anything contained in this or any
other law for the time being in force, but subject to the provisions of any
rules made by the State Government in this behalf, a Zila Panchayat or a
Kshettra Panchayat may at any time with the prior sanction of the State
Government and with the consent of a Gram Sabha, Gram Panchayat or Bhumi
Prabandhak Samiti existing in the district delegate to such Gram Sabha, Gram
Panchayat or Bhumi Prabandhak Samiti, any of its powers or functions under this
Act in respect of the area within which such Gram Sabha, Gram Panchayat or
Bhumi Prabandhak Samiti exercises jurisdiction.
Provided
that the Zila Panchayat or the Kshettra Panchayat may at any time with the
sanction of the State Government resume any or all of the powers or functions
so delegated.
(2) A Zila Panchayat may similarly delegate to Kshettra
Panchayat and a Kshettra Panchayat to the Zila Panchayat any of its powers or
functions under this Act.
(3) The State Government may at any time direct that
any power or function of the Zila Panchayat shall be transferred to the
Kshettra Panchayats or the [Gram Panchayats] in
the district, that any power or function of the Kshettra Panchayats shall be
transferred to the [Gram Panchayats] or
that any power or function of the Kshettra Panchayats shall be transferred to
Zila Panchayat and of the [Gram Panchayats] to
the Kshettra Panchayats or the Zila Panchayat.
Section 35 - Certain powers in respect of [Gram Panchayats] [191]
(1) All powers, duties and functions which have been
shown in the second column of Schedule III hereto in respect of all [Gram
Panchayats] within the district
shall as and from the appointed date be exercised and performed by the Zila Panchayat or
the Kshettra Panchayat of which the [Gram Panchayat] concerned
is a constituent [Gram Panchayat],
as may be specified in the third column of that Schedule.
(2) Notwithstanding anything in the United Provinces
Panchayat Raj Act, 1947 (U.P. Act XXVI of 1947) or the Uttar Pradesh Zamindari
Abolition and Land Reforms Act, 1950 (U.P. Act 1 of 1951) a Zila Panchayat may
require [any Gram Panchayat] in
the district to co-ordinate any of its activities with similar activities of
the Kshettra Panchayat and thereupon [x x x] Gram
Panchayat and Bhumi Prabandhak Samiti shall comply with the requisition.
Section 36 - Power to sanction bye-laws framed by [Gram Panchayats] [197] and their tax proposals
Notwithstanding
anything contained in the United Provinces Panchayat Raj Act, 1947 (U.P. Act
XXVI of 1947), and any rules made thereunder or any other law for the time being
in force-
(a) the power to approve and sanction the proposal of a
[Gram Panchayat] in
a district to impose any tax or rate described in Section 37 of the said Act
and the power under Sections 111 and 112 of the said Act to frame and sanction
the bye-laws for any [Gram Panchayat] within
the district shall as from the appointed date vest in and belong to the Zila
Panchayat of the district; and
(b) [x x x]
Section 37 - Savings in respect of jurisdiction of Zila Panchayat and Kshettra Panchayats
Nothing
in this Act shall-
(1) confer on any Kshettra Panchayat or Zila Panchayat
any right in respect of any work or institution carried out and maintained by
any agency not under the control of such Kshettra Panchayat or Zila Panchayat;
or
(2) entitle a Kshettra Panchayat or Zila Panchayat to
exercise within the limits of any [Municipal Corporation],
municipality, notified area, cantonment
or town area any authority which is vested in the
[Municipal Corporation],
[Municipality],
notified area committee, cantonment board, district magistrate, any other
magistrate or town area committee, as the case may be, provided that the
Kshettra Panchayat or Zila Panchayat may nevertheless-
(a) [ x x x ]
(b) construct, maintain and control within the
aforesaid limits any school, library, hospital, dispensary, poor house, asylum,
orphanage, inspection house or other building or institution which is not
maintained exclusively for the benefit of persons residing within the aforesaid
limits, and
(c) do anything within the aforesaid limits the doing
of which is necessary for the efficient discharge of its functions under this
Act.
Section 38 - Power of Kshettra Panchayat or Zila Panchayat to co-operate with other authorities and to assist institutions not managed by it
A
Kshettra Panchayat or a Zila Panchayat may, subject to any rules made in this
behalf-
(a) unite with any other Kshettra Panchayat or Zila
Panchayat as the case may be or other local authority in works or undertakings
which benefit all the areas controlled by it and such authority; and
(b) contribute to any work or institution from which
the Khand or the District, as the case may be, benefits, although such work or
institution is undertaken or maintained outside the Khand or the District or is
included in any [Municipal Corporation, Municipality],
cantonment, notified area or town area.
Section 39 - Officers and servants of the Zila Panchayat
[(1) Subject to any special directions issued by
the State Government from time to time, Zila Panchayat shall have the following
posts of officers:-
(i) Mukhya Adhikari;
(ii) Apar Mukhya Adhikari;
(iii) Vitta Adhikari;
(iv) Chikitsa Evam Swasthya Adhikari;
(v) Peyjal Abhiyanta;
(vi) Vikas Adhikari;
(vii) Karya Adhikari;
(viii) Abhiyanta;
(ix) Basic Shiksha Adhikari;
(x) Krishi Adhikari;
(xi) Sahkarita Adhikari;
(xii) Pashudhan Adhikari;
(xiii)
Samaj
Kalyan Adhikari;
(xiv) Grameen Abhiyantran Abhiyanta;
(xv)
Yuva
Kalyan Adhikari;
(xvi) Bhoomi Sanrakshan Adhikari;
(xvii) Udyan Adhikari;
(xviii)
Panchayat
Raj Adhikari;
(xix) Laghu Sinchai Abhiyanta;
(xx)
Bal
Vikas Adhikari;
(xxi) Kar Adhikari;
(xxii) Matsya Adhikari;
(xxiii)
Ganna
Adhikari;
(xxiv)
Dugdha
Adhikari;
(xxv)Madhyamik Shiksha Adhikari;
(xxvi)
Nalkoop
Abhiyanta.]
(2) Subject
to such conditions as may be prescribed, the Zila Panchayat may, in connection
with its affairs, create posts of such other officers (including Atirikt
Abhiyanta and Atirikt Swasthya Adhikari) and other servants as may be
prescribed by rules [x x x].
[x
x x]
[(3) The Chief Executive Officer, and where the
Chief Executive Officer is not posted in a district, the Chief Development
Officer, the Deputy Chief Medical Officer, nominated by the Chief Medical
Officer, the Executive Engineer, Jal Nigam, the District Development Officer,
the Basic Shiksha Adhikari, the District Agriculture Officer, the Assistant
Registrar Co-operative Societies, the Chief Veterinary Officer, the District
Social welfare Officer, the Executive Engineer Rural Engineer Services, the
District Youth Welfare Officer, the District Soil Conservation Officer, the
District Horticulture Officer, the District Panchayat Raj Officer, the
Executive Engineer Minor Irrigation, the District Programme Officer (Child
Development Project), the Assistant Director (Fisheries) or the Chief Executive
Officer, Fish Farmers Development Agency, as the case may be, the District Cane
Development Officer, the Deputy Dairy Development Officer, the District
Inspector of Schools, and the Executive Engineer (Tube-well) of the State
Government shall also hold respectively posts mentioned in clauses (i), (iv),
(v), (vi), (ix) to (xx) and (xxii) to (xxvi) of sub-section (1).]
[(3-A) The State Government may direct that all or
any of the posts mentioned in clauses [(vii), (viii) and (xxi)] of
sub-section (1) shall be held ex-officio by such officers and on such terms and
conditions as may be specified.
(3-B) The State Government may, by order, create
any other post of officer or servant in a Zila Panchayat and-
(a) direct that such post shall be held ex-officio by
such, officer or servant of the State Government as may be specified; or
(b) appoint any person to such post; or
(c) regulate the recruitment to such post, and further
specify the terms and conditions on which the post shall be held.
(3-C) Any post created under sub-section (3-B)
shall not abolished without the sanction of the State Government.]
(4) The
work of the Zila Panchayat shall be carried on in departments and the
departments and the officers, who will be their heads shall be specified by
rules.
Section 40 - Qualifications, conditions of service, etc
(1) The qualifications of persons to be appointed to
the posts of Vitta Adhikari, Karya Adhikari, Abhiyanta and Kar Adhikari created
under sub-section (1) of Section 39 and to all posts created under subsection
(2) of that section shall be as may be prescribed.
(2) The emoluments and other conditions of service of
officers and other servants of the Zila Panchayat shall be such as may be
prescribed.
Section 41 - Employment of servant of Government under the Zila Panchayat
(1) Subject to any rules made in this behalf, the State
Government may-
(a) at the request of the Zila Panchayat and for such
time and on such terms as may be agreed to place at the disposal of the Zila
Panchayat the services of any of its servants; and
(b) whenever the work of any Government office is
transferred to a Zila Panchayat, by order in writing require the Zila Panchayat
to employ on such posts and on such terms as may be specified in the order
either the entire staff of the office of Government connected with that work or
such of the Servants in that office as may be designated or nominated by the
State Government and the services of such staff or servants shall thereupon be
deemed to have been placed at the disposal of the Zila Panchayat for the time
being.
Provided
that a servant so employed with a Zila Panchayat may at any time be recalled by
the State Government.
(2) The salaries and allowances of servants referred to
in sub-section (1) shall be paid out of Zila Nidhi as if they were servants of
the Parishad.
Section 42 - Appointment of Vitta Adhikari
The
Vitta Adhikari of the Zila Panchayat shall be appointed by the State Government
in the manner provided by rules.
Section 43 - Method of appointment of Abhiyanta and to certain other posts
(1) Appointments to the posts of Karya Adhikari,
Abhiyanta and Kar Adhikari and the posts created under sub-section (2) of
Section 39 [carrying such pay scales as the State Government may, by
notification fix],
shall be made by the Zila Panchayat in consultation with the State Public
Service Commission or such other Commission or Selection Board as may be
constituted by the State Government in his behalf for all Zila Panchayats or
any groups of Zila Panchayats separately in either case hereafter referred to
as the Commission in the manner prescribed.
Provided
that if there is a difference of opinion between the Commission and the Zila
Panchayat the matter shall be referred to the State Government whose decision
shall be final.
(2) Except in the case of [such other] class
of posts which the State Government may specify, appointments to posts
connected with any department of the Zila Panchayat specified by rules and [carrying
such pay scales as the State Government may by notification fix],
shall be made by the Mukhya Adhikari.
(3) Except as otherwise provided in this Act,
appointments to posts under the Parishad, other than those covered by
sub-sections (1) and (2), shall be made by the Adhyaksha-
(a) [x x x]
(b) in the case of others, on the advice of the Chunao
Samiti constituted under Section 45;
Provided
that if in any case the Adhyaksha is of opinion that the advice of [the Chunao
Samiti], is improper or unfair,
he may make a reference to the Commissioner of the Division whose decision in
the matter shall be final and binding.]
(4) Notwithstanding anything in the preceding
sub-section-
(a) if the State Government has made any order under
sub-section (1) of Section 41, that order would prevail;
(b) the State Government may at any time require a Zila
Panchayat to take its own service any such Government servant whose services
have been placed at the disposal of the Zila Panchayat under clause (b) of
sub-section (1) of Section 41 and who has given his consent in that behalf and
upon being so taken in the service of the Zila Panchayat, such servant shall
cease to be Government servant and shall become a servant of the Zila
Panchayat.
Section 44 - Central Transferable cadre of certain classes of servants
Notwithstanding
anything in Section 41, 42 and 43, the State Government may at any time create
a central transferable cadre of Karya Adhikaris, Abhiyantas, Vitta Adhikaris
and other [officers and employees],
and where any such cadre has been created, appointment to the posts of Karya
Adhikaris, Abhiyantas, Vitta Adhikaris or other [officers and employees],
aforesaid, as the case may be, shall be made out of the persons of the cadre
concerned in such manner and on such terms as may be prescribed by rules, and
notwithstanding anything elsewhere in this Act, selection of persons to any
such cadre and transfer and punishment of [officers and employees],
of the cadre shall be regulated by rules.
Section 45 - Chunao Samiti
(1) There shall be a Chunao Samiti consisting of the
following members-
(a) the Adhyaksha-Chairman;
(b) a member of the Karya Samiti to be nominated by the
Karya Samiti yearly;
(c) the head of the department for which the
appointment is to made-Secretary.
(2) In tendering advice the committee shall take its
decision by majority vote, each member of the committee having one vote.
Section 46 - Consequences of enforcement of the Act on the existing officers and servants
(1) All officers and servants in the employment of the
[Zila Panchayat immediately before the date of commencement of the Uttar
Pradesh Panchayat Laws (Amendment) Act, 1994],
notwithstanding anything in Section 39 and 43 but subject to the provisions of
sub-section (2) be officers and servants employed by the Zila Panchayat and
until appointed to posts created under Section 39 shall be entitled to the same
salaries and allowances and shall be subject to the same conditions of service
to which they were entitled or were subject immediately before the said date.
(2) The following procedure shall be adopted in
appointing the officers and servants referred to in sub-section (1) to the
posts created under Section 39:-
(a) appointments to posts for which consultation of the
commission under sub-section (1) of Section 43 is necessary shall be made
according to the provisions of the said sub-section;
(b) appointments to other posts shall be made by the
Adhyaksha in accordance with rules made in this behalf;
Provided
that any officer or servant aggrieved by any appointment made by the Adhyaksha may
within thirty days of the date of the order by which the appointment was made
make a representation to the Commissioner of the division and in that case the
decision of the Commissioner of the division shall be final and binding.
(c) if for any post a suitable person out of the
officers and servants aforesaid is not available then appointment to the post
may be made from outside under the provisions of this Act. [The suitability of
such officers and servants shall be considered in the prescribed manner];
(d) If any officer or servant as aforesaid declines to
accept the post to which he is appointed on the ground that the pay or the
time-scale of the pay attached to the post is less than his present time-scale
of pay, then his service shall be terminated after such notice and on such
terms as he would have been entitled to on the abolition of the post held by
him if this Act had not been passed;
(e) In making appointments under clauses (a) and (b)
due regard will be made for the length of service and experience of the
officers and servants; and
(f) An officer or servant appointed to a post of which
the pay or time-scale of pay is less than his present pay or time-scale of pay,
may, within thirty days of the order by which he has been appointed to that
post make a representation to the State Government and in that case the
decision of the State Government shall be final and binding.
(3) The service rendered by any such officer or servant
under an aforesaid District Board or Antarim Zila Parishad shall for the
purposes of leave, pension and grant of gratuity or allowance be deemed to be
service rendered under the Zila Panchayat.
Section 47 - Officiating and temporary appointments to certain post
(1) Notwithstanding anything in Section 43, 44 and 46
officiating and temporary appointments to posts mentioned in sub-section (1) of
Section 43 may be made by the appointing authority specified in Section 43 or
in the rules made under Section 44 without consulting the commission, but no
such appointment shall, except as provided in sub-section (2), continue beyond
a period of one year save after consultation with the commission.
(2) The appointments made under sub-section (1) may, in
special circumstances and where the appointing authority is the Zila Panchayat,
with the approval of the Government be continued without consulting the
commission for a period not exceeding two years.]
Section 48 - Officers and servants of Kshettra Panchayats
(1) Subject to the provisions of other sub-sections the
qualifications, pay-scales, number and conditions of service of officers and
servants to be employed with each Kshettra Panchayat to enable it to carry out
its functions under the Act, shall be such as the State Government may specify.
(2) The services of officers and staff employed for the
time being at development blocks in each district of Uttar Pradesh shall be
placed at the disposal of Kshettra Panchayats on such terms and conditions as
the State Government may specify.
Provided
that the State Government may at any time direct that the Zila Panchayat shall
constitute a district cadre in respect of any class of servants presently
employed at development blocks and in that case the Zila Panchayat shall
constitute such district cadre and shall place the services of members of such
cadre at the disposal of Kshettra Panchayats as provided in sub-section (3).
(3) The Zila Panchayat shall provide each Kshettra
Panchayat with all staff in addition to the staff mentioned in sub-section (2)
required by the Kshettra Panchayat enable to it carry out its functions under
the Act and the services of all such staff shall be
deemed to be placed at the disposal of the Kshettra
Panchayat on such terms as the State Government may specify.
Section 49 - Khand Vikas Adhikari for each Kshettra Panchayat
(1) Each Kshettra Panchayat shall have a Khand Vikas
Adhikari.
(2) The Block Development Officer whose services have
for the time being been placed at the disposal of Kshettra Panchayat shall be
the Khand Vikas Adhikari of the Kshettra Panchayat.
Section 50 - Powers, functions and duties of officers and other servants of Zila Panchayats and Kshettra Panchayats
(1) The powers, functions and duties of the Officers
and other servants of Zila Panchayats and Kshettra Panchayats shall be such as
may be provided by or under this Act, by or under any other enactment by rules.
(2) Subject to the provisions of sub-section (1) heads
of departments of a Zila Panchayat in the case of officers and other servants
working in their respective departments and the Mukhya Adhikari in the case of
other officers and servants may assign to them powers, functions and duties and
the Khan Vikas Adhikari may assign powers, duties and functions to officers and
other servants employed with the Kshettra Panchayat of which he is the Khand
Vikas Adhikari.
Section 51 - Control over the officers and servants of Zila Panchayat
(1) (a) The Zila Panchayat shall exercise such control
over the Mukhya Adhikari and other Heads of Departments as may be prescribed
and the Adhyaksha shall have a right to send every year his assessment of the
work and conduct of the Mukhya Adhikari to the authority which is required to
record periodical entries about the work and conduct of the Mukhya Adhikari as
a Government servant.
(b) The authority aforesaid shall in addition to
recording any other entry about the work and conduct of the said Government
officer record also the assessment sent by the Adhyaksha under clause (a).
(2) The Mukhya Adhikari shall have administrative
control over all Officers and servants employed with the Zila Panchayat [x x x] and
in particular, he shall have the right to send every year to such authority, if
any, which is required to record periodical entries about the work and conduct
of each such officer or servant as a Government servant his assessment of the
work and conduct of the officer or servant. Such authority shall, in addition
to recording an entry about the work and conduct of the said Government
servant, also record the assessment sent by the Mukhya Adhikari.
(3) [x x x]
(4) Heads of departments of the Zila Panchayat shall have
immediate control over officers and servants working in their respective
departments.
Section 52 - Control of the Officers and servants of Kshettra Panchayats
(1) The Pramukh shall have general control over the
Khand Adhikari.
(2) All other officers and servants employed with the
Kshettra Panchayat shall work under the general control of the Khand Vikas
Adhikari.
(3) Officers and other servants of the Kshettra
Panchayats shall work under such immediate control as the State Government may
specify.
(4) The transfer and the recording of periodical
entries in the character rolls of officers and other servants employed with a
Kshettra Panchayat and the grant of casual leave to them shall be governed by
rules in this behalf made by the State Government.
Section 53 - Punishment of servants of Zila Panchayat and Kshettra Panchayat
The
punishment of officers and other servants employed with Zila Panchayat or with
any Kshettra Panchayat including appeals from orders or punishment, the power
of revision, if any, of appellate orders and suspension pending enquiry shall
be regulated by rules;
Provided
that the authority which is given the power to dismiss, remove from service or
reduce in rank any officer or servant shall not be lower in rank than the
appointing authority for the post held by such officer or servant.
Provided
secondly, that in the case of employees whose appointment is required to be
made in consultation with the State Public Service Commission, it shall be
necessary for the punishing authority to consult the Commission in the manner
prescribed before passing an order for the dismissal, removal or reduction in
rank of any such employee.
Section 54 - Power of State Government to make appointments etc
(1) Where an authority specified in Section 43, fails
within a reasonable time to make an appointment to a post specified in Section
39 or created thereunder, whether in the manner provided in Section 43 or in
pursuance of an order made under clause (b) of sub-section (1) of Section 41,
the State Government may, after giving such authority a reasonable opportunity
to make the appointment and consulting the Commission, if necessary make
appointment thereto and such appointment shall be deemed to have been made in
accordance with this Act.
(2) Where Zila Panchayat fails to provide to any
Kshettra Panchayat any staff under Sub-section (3) of Section 48, the State
Government may provide such staff out of the staff of Zila Panchayat and such
staff shall be deemed to have been placed on deputation with the Ashtray
Panchayat under the said sub-section.
Section 55 - All officers and servants of a Zila Panchayat or Kshettra Panchayat to be public servants
[Every
Adhyaksha, [x x x],
Pramukh, [x
x x], officer or servant of] a
Zila Panchayat or Kshettra Panchayat, shall be deemed to be a public servant
within the meaning of the Indian Penal Code, 1860 (Act XLV of 1860), and in the
definition of "legal remuneration" in Section 161 of the Code, the
word "Government" shall, for the purpose of this section, be deemed
to include Zila Panchayat and a Kshettra Panchayat.
Section 56 - Exercise of Power of Zila Panchayats
(1) The powers, duties and functions specified in the
second column of Schedule IV, with the exception of those against which an
entry is shown in the third column of that Schedule, may be exercised and shall
be performed by Zila Panchayat by resolution at a meeting and not otherwise.
(2) The following powers, duties and functions of a
Zila Panchayat shall be exercised and performed by the Adhyaksha of the Zila
Panchayat namely-
(a) the determination, in accordance with the
provisions of this Act and any regulations in this behalf of questions arising
in respect of the service, leave, pay, allowance and other privileges of
servants of the Zila Panchayat in respect of whom the appointing authority
under Section 43, is the Zila Panchayat;
(b) the submission to the prescribed authority, the
District Magistrate or the State Government, any statements, accounts reports,
copies of documents, copies of resolutions passed by a Zila Panchayat or any committee
thereof or proposals and objections required to be submitted under this Act;
(c) such of the powers, duties and functions referred
to in the second column of Schedule IV, as are required under the third column
thereof to be exercised or performed by the Adhyaksha or as they are delegated
by the Zila Panchayat under Section 57 to the Adhyaksha;
(d) all other powers, duties and functions of the Zila
Panchayat not expressly required to be exercised or performed by resolution
which have not been specified in the second column of Schedule IV and which
have not been delegated by the Zila Panchayat under Section 57 to any authority
other than the Adhyaksha.
(3) The powers, duties and functions, specified in the
second column of Schedule V, shall be exercised and performed on behalf of the
Parishad, by Mukhya Adhikari.
Section 57 - Delegation of Power by Zila Panchayat
(1) With the exception of a power, duty or function-
(a) specified in the second column and against which no
entry is shown in the third column of Schedule IV or the entry shown in the
third column requires the power, duty or function to be exercised or performed
by any particular officer or authority;
(b) reserved or assigned to the Adhyaksha by clauses
(a) and (b) of sub-section (2) of Section 56 or by Section 58; and
(c) reserved to the Mukhya Adhikari of a Zila Panchayat
under Section 78;
a
Zila Panchayat may delegate by regulation all or any of the powers duties or
functions conferred or imposed on or assigned to it under this Act.
Provided that if any power, duty or function
specified in the second column of Schedule IV, is by the entry against it in
the third column, made delegable only to a specified officer or authority, the
delegation in respect of such powers, duty or functions may be made to that
officer or authority only.
(2) Except as provided in sub-section (3), a Zila
Panchayat shall not itself exercise or perform or interfere in the exercise or
performance of any power, duty or function which it has delegated under
sub-section (1).
(3) The delegation by the Zila Panchayat under
sub-section (1) of any power, duty or function may be made subject to the
condition that all or any orders made in pursuance of such delegation shall be
subject to the right of appeal to, or revision by, the Zila Panchayat within a specified
period.
(4) Nothing in the foregoing provisions of this section
shall be deemed to prevent a resolution of a committee of a Zila Panchayat
being carried into execution by any agency duly authorized in this behalf by or
under this Act, or to preclude any servant of the Zila Panchayat from acting
within the scope of his employment.
Section 58 - Duties of Adhyaksha
It
shall be the duty of Adhyaksha-
(a) unless provided otherwise by this Act or prevented
by reasonable cause-
(i) to convene and preside at all meetings of the Zila
Panchayat and of such of its committees as may be prescribed in this behalf;
(ii) otherwise to control in accordance with any
regulation made in this behalf the transaction of business at all meetings of
the Zila Panchayat;
(b) to watch over the financial and superintend the
executive administration of the Zila Panchayat, and bring to the notice of the
Zila Panchayat any defect therein; and
(c) to perform such other duties as are required of or
imposed on him under this Act or the rules made thereunder or any other law for
the time being in force.
Section 59 - Delegation by Adhyaksha to [x x x] [229] and the Mukhya Adhikari
(1) The Adhyaksha of a Zila Panchayat may, be general
or special order, empower the [x
x x] or the Mukhya Adhikari to exercise or perform under his general guidance,
any one or more of his powers, duties or functions except those specified in
clauses (a) and (b) of Section 58.
(2) An order by the Adhyaksha under sub-section (1) may
prescribe any condition, and impose any restriction, in respect of the exercise
of any power and the performance of any duty or of any function.
Section 60 -
[x x x]
Section 61 - Meetings of Zila Panchayats
[(1) A Zila Panchayat shall meet for the
transaction of business at least once in every two months;
Provided
that the date to be appointed for the first meeting of the Zila Panchayat,
shall be within thirty days from the date of its constitution.]
(2) The
Adhyaksha [x
x x] may convene a meeting of the Zila Panchayat whenever he thinks fit and
shall, upon a requisition made in writing by not less than one-fifth of the
members of Zila Panchayat and served on the Adhyaksha or sent by registered
post acknowledgement due, addressed to the Zila Panchayat at its office,
convene a
meeting of the Zila Panchayat within a period of
one month from the date of the service or receipt of such requisition.
(3) A
meeting may be adjourned until the next or any subsequent day, and an adjourned
meeting may be further adjourned in like manner.
(4) Every
meeting shall be held at the office of the Zila Panchayat or at some other
convenient place of which notice has been duly given.
Section 62 - Procedure of meetings, etc
The
following matters relating to meeting of Zila Panchayat shall be governed by
rules-
(a) transaction of business at the meeting;
(b) quorum for transaction of business;
(c) presiding over the meeting in the absence of
Adhyaksha and the [x
x x];
(d) asking of questions by members;
(e) publicity of meeting;
(f) maintaining of order at the meeting;
(g) decision by vote;
(h) minute book and resolutions;
(i) right of Government servants, persons authorized by
the State Government and other persons to attend and take part in discussions;
(j) right of Zila Panchayat to require attendance of
servants of the State Government to attend its meetings;
(k) right of officers of the Zila Panchayat in regard
to meetings;
(l) right of the Zila Panchayat to require reports,
returns, etc. from the Mukhya Adhikari; and
(m) other incidental matters which need or ought to be
prescribed.
Section 63 - [Preparation of district plan
(1) A Zila Panchayat shall prepare every year a
development plan for the district after including the development plans of the
Kshettra Panchayats of the district.
(2) The plan referred to in sub-section (1) shall be
prepared by the Karya Samiti of the Zila Panchayat in the manner prescribed and
the Mukhya Adhikari shall lay such plan before the Niyojan Samiti, which may
make such recommendations relating thereto, as it thinks fit.
(3) The plan along with the recommendations, if any of
the Niyojan Samiti shall be laid by the Adhyaksha before the Zila Panchayat
which may approve it in such form as it may think fit, and shall submit it to
the District Planning Committee referred to in Article 243-ZD of the
Constitution by such date as may be prescribed.]
Section 64 - Committees of Zila Panchayat
(1) As soon as may be, after the Zila Panchayat has
been constituted or re-constituted under Section 22, it shall appoint the
following committees in the manner and for performance of duties hereinafter
provided:
(a) Karya Samiti;
(b) Vitta Samiti;
[(c) Shiksha Evam Jan Swasthya Samiti;
(d) Krishi, Udyog Evam Nirman Samiti; and
(e) Samata
Samiti.]
(2) The Zila Panchayat shall also have a Niyojan Samiti
for the performance of functions specified in this Act and composed of-
(a) The Adhyaksha, who will be the Chairman;
(b) [x x x]
(c) The Mukhya Adhikari who shall be the Secretary of
the Committee, and
(d) All district level officers.
Section 65 - [Constitution of committees of Zila Panchayat notified by the State Government
(1) Notwithstanding anything to the contrary contained
in any other provisions of this Act or the rules made thereunder, every Zila
Panchayat shall, in place of all or any of the Committee referred to in Section
64, hereinafter in this section referred to as erstwhile committee, constitute
such other committee or committees, as may be notified by the State Government
for the exercise and performance of all or any of the powers, functions or
duties assigned to erstwhile committee under this Act and may also delegate to
such committee or committees such of its other power, function or duty, the
erstwhile committee with respect to that power, function or duty shall stand abolished and any reference to the
erstwhile committee in any provisions of this Act or the rules made thereunder
shall be construed as a reference to the Committee constituted under this
section.
(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 Zila Panchayat from amongst themselves in such manner as may be
notified by the State Government.
Provided
that in each such Committee there shall be at least one woman member, one
member belonging to Scheduled Castes or Scheduled Tribes and one member
belonging to Backward classes.
Provided
further that the State Government may, by notification direct that the
Adhyaksha or [x
x x] or any other member of Zila Panchayat shall be the Chairman of any such
committee.]
Section 66 - Constitution of Karya Samiti
(1) The Karya Samiti shall consist of-
(a) the Adhyaksha;
(b) [x x x]
(c) Chairman of the Committee specified in Clauses (b)
to (e) of subsection (1) of Section 64;
(d) three or six persons to be elected by the members
of the Zila Panchayat out of themselves, according as the number of such
members is up to forty or above forty.
[(2) The Adhyaksha shall be the Chairman of the
Karya Samiti.]
(3) The
Mukhya Adhikari of the Zila Panchayat shall be the Secretary of the Karya
Samiti.
Section 67 - Constitution of other Committees specified in sub-section (1) of Section 64
(1) Each of the Committees specified in clauses (b) to
(e) of sub-section (1) of Section 64 shall consist of six of nine members to be
elected by the members of the Zila Panchayat is up to 40 or over 40.
(2) The Adhyaksha shall be the ex officio member and
Chairman of the Vitta Samiti [and Shiksha Evam Jan Swasthya Samiti.]
Section 68 - Method and manner of election of member and term of Committees specified in sub-section (1) of Section 64
(1) The election of member of the Committee specified
in sub-section (1) of Section 64 shall be made by the method of single
transferable vote and in the manner to be prescribed.
(2) The term of each Committee specified in sub-section
(1) of Section 64 shall last till the term of the Zila Panchayat but one-third
of the elected members of each Committee shall retire in rotation each year and
the vacancies caused by rotation shall be filled in the manner provided in
sub-section (1).
(3) The determination of the members who shall retire
in the first year after their election and of the members who shall retire two
years after election shall be made by the drawing of lots in the manner to be
specified by the State Government.
(4) In the event of a vacancy occurring in the office
of an elected member of a Committee by reason of death, resignation or
otherwise, the vacancy shall be filled for the remainder of the term of such
member by electing another member in the manner provided in sub-section (1).
Section 69 - Chairman and Vice-Chairman of Committee and their terms
(1) Each Committee specified in sub-section (1) of
Section 64 other than the Karya Samiti and the Vitta Samiti shall at its first
meeting to be presided over the Adhyaksha elect one of its members to be its
Chairman and another member to be its Vice-Chairman.
(2) The Vitta Samiti shall elect at its first meeting
by resolution one of its members to be its Vice-Chairman.
(3) In the event of a tie the Adhyaksha shall have a
casting vote but shall otherwise have no vote in presiding over the Committee
under sub-section (1).
(4) The term of each elected Chairman and Vive-Chairman
shall be one year from the date of election, provided that in the event of a
vacancy arising in the office of elected Chairman and Vice-Chairman by reason
of death, resignation or otherwise, a new Chairman or Vice-Chairman shall be
elected for the remainder of the term of the outgone Chairman or Vice-Chairman.
Section 70 - Constitution of other Committees
[x
x x]
Section 71 - Co-option of persons to Committees
[x
x x]
Section 72 - Powers and functions of Karya Samiti
The
Karya Samiti may exercise and shall perform such powers, duties and functions
as are-
(i) required to exercised or performed by it or by
under this Act;
(ii) specified in the second column of Schedule IV and
against which the words "shall be exercised by the Karya Samiti" have
been entered in the third column of the Schedule; and
(iii) delegated to the Karya Samiti by the Zila Panchayat
under Section 57.
Provided
that the Karya Samiti may delegate such of its powers, duties or functions to
any sub-committee established under Section 75 or to any officer of Zila
Panchayat as may be prescribed by rules.
Section 73 - Powers and functions of Vitta Samiti
(1) The Vitta Samiti may exercise and shall perform the
following powers, duties and functions-
(a) watching the progress of income and expenditure
throughout the year and issuing such direction as it deems necessary to the
Mukhya Adhikari;
(b) supervising the proper appropriation of grants;
(c) powers, functions and duties delegated to or required
under the third column of Schedule IV to be exercised or performed by it.
(2) For the purpose of giving effect to sub-section
(1), the Vitta Samiti shall have access to the accounts of the Parishad.
Section 74 - Powers and functions of other Committees specified in sub-section (1) of Section 64
The
powers, duties and functions of the [Shiksha Evam Jan Swasthya Samiti, Krishi,
Udyog Evam Nirman Samiti and Samata Samiti],
shall be as provided in this Act or in the rules made in this behalf.
Section 75 - Sub-Committee
(1) A Committee may appoint one or more sub-committee
for examination and report on any matter with which it is concerned or for
discharging any of its functions.
(2) The composition and term of a sub-committee shall
be such as may be decided by the Committee.
(3) The report or action of the sub-committee shall be
deemed to be the report or action of the Committee, if approved by it.
Section 76 - Meetings of Committees and sub-Committees
(1) The Committees specified in Section 64 shall meet
at least once a month.
(2) In the case of meetings of Committees and
sub-committees matters specified in Section 62 shall be governed by rules.
Section 77 - Joint Committees
(1) A Zila Panchayat may, and if so required by the
State Government shall, combine with one or more than one other assenting local
authority to appoint, by means of a written instrument subscribed by the local
authorities concerned, a joint committee for the purpose of transacting any
business in which they are jointly interested.
(2) Such instrument shall prescribe the number of
members who shall be chosen be each local authority to represent it upon the
joint Committee, the person who shall be Chairman thereof, the powers, being
powers exercisable by one or more of the concurring local authorities which may
be exercised by the joint Committee and the method of conducting the
proceedings and correspondences thereof.
(3) Such instrument may from time to time be varied or
rescinded by a further instrument subscribed by all the local authorities concerned,
and in the event of the rescission of any instrument under this sub-section,
all proceedings thereunder shall by deemed inoperative with effect from a date
to be specified in such further instrument.
(4) Any difference of opinion arising in the course of
any proceedings under the foregoing provisions of this section between two or
more local authorities shall decided by reference to the State Government under
Section 256.
Section 78 - Powers and responsibilities of the Mukhya Adhikari
(1) The Mukhya Adhikari shall be the Chief Executive
Officer of the Zila Panchayat and shall be responsible to the Zila Panchayat
and shall exercise the following powers, namely-
(a) the power to receive, recover and credit to the
Zila Nidhi any sum due or tendered to the Parishad;
(b) the powers conferred by the section or sub-section
of this Act and the power to do all things necessary for the exercise of these
powers;
(c) the powers under the sections and sub-section
specified in the first column of Schedule V to be exercised for and on behalf
of the Zila Panchayat and power to do all things necessary for the exercise of
these powers;
(d) the power, subject to the control of the Adhyaksha,
to grant, refuse, suspend or withdraw any licence the power to grant which is
conferred by this Act or by rules or regulations made thereunder;
(e) any other power that has been delegated by the Zila
Panchayat to the Mukhya Adhikari; and
(f) the power to determine with any regulations in this
behalf, questions arising in respect of the services, leave, pay, allowance and
other privileges of all servants of the Zila Panchayat other than those for
whom the appointing authority under Section 43 is the Zila Panchayat.
Provided
that a servant aggrieved by a decision given by the Mukhya Adhikari under this
clause may within thirty days of the date of communication of that decision
make a representation to the Adhyaksha and in that case the decision of the
Adhyaksha shall be final.
(2) The responsibility for the proper execution of all
works and contracts on behalf of the Zila Panchayat shall be of the Mukhya
Adhikari.
(3) The Mukhya Adhikari may, by general or special
order, empower the [Apar Mukhya Adhikari] to
exercise or perform under his general guidance one or more of such of his
powers, duties and functions as have not been delegated to him by the Zila
Panchayat or the Adhyaksha.
Section 79 - Exercise of powers of Kshettra Panchayats
(1) The powers, duties and functions specified in the
second column of Schedule VI, with the exception of those against which an
entry is shown in the third column of that Schedule may be exercised and shall
be performed by a Kshettra Panchayat by resolution passed at a meeting and not
otherwise.
(2) The Pramukh shall exercise and perform such of the
powers, duties and functions of a Kshettra Panchayat as are required under the
third column of Schedule VI to be exercised or performed by the Pramukh or as
are delegated by the Kshettra Panchayat under Section 80 to the Pramukh.
(3) The powers, duties and functions specified in the
second column of Schedule VII shall be exercised and performed on behalf of the
Kshettra Panchayats by the Khand Vikas Adhikari and not otherwise and he shall
also exercise and perform all those powers, duties and functions of the
Kshettra Panchayat which are not expressly required to be exercised or
performed by resolution and which have not been specified in the second column
of Schedule VI and which have not been delegated by the Kshettra Panchayat
under Section 80 to any authority, other than the Khand Vikas Adhikari.
Section 80 - Delegation of powers of Kshettra Panchayat
(1) With the exception of powers, duties and functions-
(a) specified in the second column and against which no
entry is shown in the third column of Schedule VI or the entry shown in the
third column requires the power, duty or function to be exercised or performed
by any particular officer or authority;
(b) reserved or assigned to the Pramukh or the Khand
Vikas Adhikari under this Act.
A Kshettra Panchayat may delegate by resolution any
of the powers, duties and functions conferred or imposed on or assigned to it
under this Act.
Provided
that if any power, duty or function in the second column of Schedule VI is the
entry against it in the third column made delegable only to a specified officer
or authority, the delegation in respect of such power, duty or function may be
made to that officer or authority only.
(2) Nothing in the foregoing provisions of this section
shall be deemed to prevent a resolution of a Committee of a Kshettra Panchayat
being carried into execution by an agency duly authorized in this behalf by or
under this Act, or to preclude any servant of the Kshettra Panchayat from
acting within the scope of his employment.
Section 81 - Duties of Pramukh
It
shall be the duty of Pramukh-
(a) unless provided otherwise by this Act or prevented
by reasonable cause;
(i) to convene and preside at all meetings of the
Kshettra Panchayat and of such of its Committees as may be prescribed in this
behalf; and
(ii) otherwise to control in accordance with any
regulation made in this behalf the transaction of business at all meetings of
the Kshettra Panchayat.
(b) to watch over the financial and superintend the
executive administration of the [Kshettra Panchayat, and bring to the notice of
the Kshettra Panchayat any defect therein; and]
(c) to perform such other duties as required or imposed
on him under this Act or the rules made thereunder or any other law for the
time being in force.
Section 82 - Delegation by Pramukh to Up-Pramukh
[x x x]
Section 83 - Duties of Up-Pramukh
[x
x x]
Section 84 - Meetings of Kshettra Panchayat
[(1) A Kshettra Panchayat shall meet for the
transaction of business at least once in every two months.
Provided
that the date to be appointed for the first meeting of a Kshettra Panchayat,
shall be within thirty days from the date of its constitution.]
(2) The
Pramukh, [x
x x] may convene a meeting of the Kshettra Panchayat whenever he thinks fit and
shall, upon a requisition made in writing by not less than one-fifth of he
members of the Kshettra Panchayat and served on the Pramukh or sent by
registered post acknowledgement due addressed to the Kshettra Panchayat at its
office, convene a meeting of the Kshettra Panchayat within a period of one
month from the date of service or receipt of such requisition.
[(3) A meeting may be adjourned until the next or
any subsequent day and adjourned meeting may be further adjourned in the like
manner.
(4) Every
meeting shall be held at the office Kshettra Panchayat or at some other
convenient place of which notice has been duly given.]
Section 85 - Procedure, etc. of meetings of Kshettra Panchayat
The
matters of the nature specified in Section 62 shall in the case of meetings of
a Kshettra Panchayat be also governed by rules made in this behalf.
Section 86 - Preparation of plan by Kshettra Panchayat
[(1) A Kshettra Panchayat shall prepare every year
a development plan for the Khand after including the development plans of the
Gram Panchayats of the Khand.
(2) The
plan referred to in sub-section (1) shall be prepared by the Karya Samiti of
the Kshettra Panchayat with the help of the Khand Vikas Adhikari, the Vitta
Evam Vikas Samiti, and the Samata Samiti in the manner prescribed and submit it
to the Kshettra Panchayat.
(3) The Kshettra Panchayat shall consider the plan
and may approve it with or without any modification.
(4) The
Khand Vikas Adhikari shall submit the plan as approved by the Kshettra
Panchayat to the Zila Panchayat before such date as may be prescribed.]
Section 87 - Committees of Kshettra Panchayat
(1) As soon as may be, after the Kshettra Panchayat has
been constituted or reconstituted under Section 10, it shall appoint the
following Committees in the manner and for performing the duties hereinafter
provided-
[(a) Karya Samiti;
(b) Vitta
Evam Vikas Samiti;
(c) Shiksha
Samiti; and
(d) Samata
Samiti.]
(2) Subject to any conditions prescribed in this
behalf, a Kshettra Panchayat may [and where so required by the State Government
shall], establish any other
Committees to assist it in the discharge of any specified duties or class of
duties within the whole or any portion of the Kshettra and may delegate to any
such Committee all or any of its powers, which may be necessary for the purpose
of rendering such assistance.
(3) In addition to the Committees mentioned in the
proceeding sub-section, a Kshettra Panchayat may, from time to time, appoint
from amongst its members one or more than one advisory Committee for the
purpose of enquiring into or reporting on any matter in respect of which a
decision of the Kshettra Panchayat is required by or under this Act.
Section 88 - Constitution of Committees
[(1) Subject to the provisions of the other
sub-sections the Committees specified in sub-section (1) of Section 87 shall
consist of one member from each circle within the Khand to be elected by the
members of the Kshettra Panchayat from amongst themselves.]
[(2) The
Pramukh shall be the ex-officio Chairman of Vitta Evam Vikas Samiti, Shiksha
Samiti and Samata Samiti.]
(3) [x x x]
(3-A) [x x x]
(4) [x x x]
[(5) As soon as may be after their Constitution
each committee specified in subsection (1) of Section 87, other than Karya
Samiti, shall at its first meeting elect one of their members to be the
Vice-Chairman.]
(6) The
Constitution of the Committee specified in sub-section (2) and (3) of Section
87 shall be as may be prescribed.
(7) In the
event of a casual vacancy in the seat of a member or in the office of the
Chairman or Vice-Chairman a member, Chairman or Vice-Chairman, as the case may
be, shall be elected for the remainder of the term of the Committee in the
manner. As far as may be, in which his predecessor has been elected.
Section 89 - Method of election and term of Committees
[(1) The elections of members and other
office-bearers of every committee referred to in Section 87 shall be in such
manner as may be prescribed.]
(2) The
term of each Committee specified in sub-sections (1) and (2) of Section 87
shall be one year from the date of the first meeting of the Committee but in no
case extend beyond the term of the Kshettra Panchayat.
Section 89A - Constitution of Committees of Kshettra Panchayats notified by the State Government
[(1) Notwithstanding anything to the contrary
contained in any other provisions of this Act or the rules made thereunder,
every Kshettra Panchayat shall, in place of all or any of the Committees
referred to in Section 87, hereinafter in his section referred to as the
erstwhile Committee, constitute such other Committee or Committees, as may be
notified by the State Government for exercise and performance of all or any of
the powers, functions or duties assigned to the erstwhile Committee under this
Act and may also delegate to such Committee or Committees such of its other
powers, functions or duties as it may deem fit and upon Constitution of a
Committee under this section in place of an erstwhile Committee with respect to
that power, function or duty shall stand abolished and any reference to the
erstwhile Committee in any provisions of this Act or the rules made thereunder
shall be construed as a reference to the Committee constituted under this
section.
(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 Kshettra Panchayat from amongst themselves in
such manner as may be notified by the State Government.
Provided
that in each such Committee there shall be at least one woman member, one
member belonging to Scheduled Castes or Scheduled Tribes and one member
belonging to backward classes.
Provided
further that the State Government may, by notification direct that the
Pramukh, [x
x x], or [x
x x] or any other member of Kshettra Panchayat shall be the Chairman of any
such Committee.]
Section 90 - Sub-Committees
(1) The Kshettra Panchayat may, by resolution, out of
the members of the [Vitta Evam Vikas Samiti, Shiksha Samiti or Samata Samiti].
Constitute one or more than one sub-committee and assign to it such of the
functions of the [Vitta Evam Vikas Samiti, Shiksha Samiti or Samata Samiti],
as the case may be, as it thinks fit.
(2) Any Committee mentioned in Section 87 may out of
its members constitute one or more than one sub-committee to assist it in the
discharge of any duty or class of duties imposed upon such Committee.
(3) The composition and term of such sub-committees and
the manner of filling casual vacancies shall be such as may be decided by the
Kshettra Panchayat or the Committee, as the case may be.
Section 91 - Functions of Committees specified in sub-section (1) of Section 87
(1) The [Karya Samiti],
shall assist the Kshettra Panchayat in the performance of its functions in
relation to finance, taxation, [Economic Development],
and general administration and shall exercise and perform such powers, duties
and functions as are-
(i) required to be exercised or performed by it under
this Act; or
(ii) delegated to it by the Kshettra Panchayat under
Section 80.
(2) The [Vitta Evam Vikas Samiti],
shall assist the Kshettra Panchayat in the exercise of its powers and
performance of its duties and functions in relation to improvement in the field
of agriculture, co-operation, animal husbandry, minor irrigation, rural
industries and production works and such other powers, duties and functions as
are-
(i) required to be exercised or performed by it under
this Act; or
(ii) delegated to the [Vitta Evam Vikas Samiti],
by the Kshettra Panchayat under Section 80.
(3) The [Samata Samiti],
shall assist the Kshettra Panchayat in the exercise of powers and performance
of duties and functions in relation to improvement in the field of health,
sanitation, [social justice],
women welfare, youth welfare and constructive programmes and such other powers,
duties and functions as are-
(i) required to be exercised or performed by it under
this Act; or
(ii) delegated to the [Samata Samiti],
by the Kshettra Panchayat under Section 80.
[(3-A) The Shiksha Samiti shall assist the Kshettra
Panchayat in the exercise of its powers and performance of its duties and
functions in relation to improvement in the field of education.]
(4) Any of the Committees mentioned above in the manner
and subject to the conditions prescribed by rules, may delegate any of its
powers, duties or functions, other than those delegated by the Kshettra
Panchayat to any officer of the Kshettra Panchayat.
(5) The State Government may, at any time, direct that
any power, duty or function of the [Vitta Evam Vikas Samiti],
or [Samata Samiti],
shall be transferred to any of the Committees established under Sub-section (2)
of Section 87.]
Section 92 - Powers and responsibilities of the Khan Vikas Adhikari
(1) The Khand Vikas Adhikari shall be the Chief
Executive Officer of the Kshettra Panchayat and shall be responsible for
implementing the resolutions of the Kshettra Panchayat and its Committees and
shall in addition to powers, duties and functions which he is required in this
Act to exercise and perform, and subject to any rules in this behalf, exercise
and perform the following powers, duties and functions, namely-
(i) the power to receive, recover and credit to the
Kshettra Nidhi any sum due or tendered to the Kshettra Nidhi.
(ii) [ x x x ]
(iii) the submission to the prescribed authority,
District Magistrate or the State Government any statements, accounts, reports,
copies of documents, copies of resolutions passed by the Kshettra Panchayat or
any Committee thereof or proposals and objections required to be submitted
under this Act.
(iv) assisting the Gram Panchayat in their development
work including drawing up of plans and their execution according to the standards
and broad policy laid down by the State Government, the Zila Panchayat or the
Kshettra Panchayat and bringing to the notice of the Kshettra Panchayat any
defects in the execution of the aforesaid plans.
(v) subject to the provisions of sub-section (4) of Section
52 the power to determine, in accordance with any rules in this behalf,
questions arising in respect of the service, leave, pay allowance and other
privileges of all officers and servants employed with the Kshettra Panchayat.
(vi) powers to do all things necessary for the exercise
of the powers conferred under this or any other section; and
(vii) such powers, duties and functions as may be
entrusted by the State Government with the consent of the Kshettra Panchayat.
(2) The responsibility for the proper execution of all
works and contracts on behalf of the Kshettra Panchayat shall be of the Khand
Vikas Adhikari.
Section 93 - Subordination of Committees or sub-Committees
(1) A Zila Panchayat or a Panchayat may at any time
call for from any of its Committees and likewise a Committee may call for from
any of its sub-committees, a report of or extract from the proceedings of such
Committee or sub-committee or as the case may be, any return.
(2) The committee or sub-committee, as the case may be,
shall with all convenient speed, comply with the request made under sub-section
(1).
Section 94 - Powers of Zila Panchayat and Kshettra Panchayat to require report, etc. and right of interpellation
(1) The Zila Panchayat may require the Adhyaksha or the
Mukhya Adhikari and the Kshettra Panchayat may require the Pramukh or the Khand
Vikas Adhikari to supply or produce at any of its meetings-
(a) any return, statement, estimate, statistics or
other information regarding any matter pertaining to the administration of the
Zila Panchayat or the Kshettra Panchayat, as the case may be;
(b) a report or explanation of any sub-committee; and
(c) any report, correspondence or plan or other
document or a copy thereof which is in his possession or control as Adhyaksha,
Pramukh, Mukhya Adhikari or Khand Vikas Adhikari, or which is recorded or filed
in the office of the Zila Panchayat or the Kshettra Panchayat or of any servant
of the Zila Panchayat or the Kshettra Panchayat, as the case may be.
(2) The Adhyaksha, the Mukhya Adhikari, the Pramukh or
the Khand Vikas Adhikari, as the case may be, shall comply with every
requisition made under sub-section (1) without unreasonable delay.
(3) Nothing in this section or in any other provisions
of this Act shall be deemed to prevent the Zila Panchayat or the Kshettra
Panchayat, from making provision authorizing the asking of question by members
at its meetings subject to such conditions and restrictions as may be
prescribed.
Section 95 - Right of Zila Panchayat to take assistance and advice from certain Government servants
[It shall be the duty of the officers hereinafter
specified to render such assistance and to give such advice to the Zila
Panchayat in so far as it concerns their respective department as may be
necessary or desirable, or as the Zila Panchayat may require, for the purpose
of implementing the district plan programme and the other work of the Zila
Panchayat-
(i) Executive Engineer (Public Works Department) to be
nominated in this behalf by the Superintending Engineer of the concerned
circle;
(ii) Executive Engineer (Uttar Pradesh State Electricity
Board) to be nominated in this behalf by the Superintending Engineer of the
concerned circle;
(iii) Executive Engineer (Canal) to be nominated in this
behalf by the Superintending Engineer of the concerned circle;
(iv) Chief Medical Officer;
(v) Divisional Forest Officer exercising, jurisdiction
in the district;
(vi) District Supply Officer;
(vii) Deputy Regional Marketing Officer;
(viii) District Economics and Statistics Centre;
(ix) General Manager, District Industries Centre;
(x) Such other officers, of the district as are in
charge of the department concerned with any of the functions of the Zila
Panchayat specified in Part 'A' of Schedule II.
Provided
that if any of these officers is appointed ex-officio as an officer of the Zila
Panchayat under sub-section (3-A) of Section 39, the provisions of this section
shall not apply to him.]
Section 96 - Registration of instruments
When
the Indian Registration Act, 1908 (Act XVI of 1908), or any rule made
thereunder requires any act to be done with reference to a document by a person
executing or claiming under the same and the document has been executed on
behalf of a Zila Panchayat or a Kshettra Panchayat or is a document under which
a Zila Panchayat or a Kshettra Panchayat claims the act may, notwithstanding anything
to the contrary contained in the aforesaid enactment or any rule thereunder, be
done by the Mukhya Adhikari or by any other officer of the Zila Panchayat
empowered in this behalf in the case of a Zila Panchayat and by the Khand Vikas
Adhikari or by any officer of the Kshettra Panchayat empowered in this behalf
in the case of a Kshettra Panchayat.
Section 97 - Disputes regarding exercise and performance of powers, duties and functions
(1) In case any doubt arises as to whether the Zila
Panchayat, the Adhyaksha, the Karya Samiti, the Vitta Samiti, the Mukhya
Adhikari or any other Committee or officer of the Zila Panchayat is the proper
authority for the exercise of any power of the performance of any duty or
function under this Act, the matter shall be referred by the Mukhya Adhikari to
the State Government whose decision shall be final.
(2) In case any doubt arises as to whether the Kshettra
Panchayat the Pramukh, [Karya Samiti, the Vitta Samiti, the Shiksha Samiti and
the Samata Samiti],
the Khand Vikas Adhikari or any other Committee or officer of a Kshettra
Panchayat is the proper authority for the exercise of any power or the
performance of any duty or function under this Act, the matter shall be
referred to the District magistrate whose decision shall be final. In making
any such decision, the District Magistrate shall be guided by such general
directions as may be issued in this behalf by the State Government from time to
time.
Section 98 - Validity of acts and proceedings
(1) No vacancy in a Zila Panchayat or in a Committee of
a Zila Panchayat, or a sub-committee appointed by the Karya Samiti shall
vitiate any of its acts or proceedings.
(2) No disqualification or defect in the election,
co-option or appointment of a person acting as a member of a Zila Panchayat or
of a Committee or sub-Committee pointed under this Act or as the Presiding
Officer of a meeting of a Zila Panchayat or of such Committee or sub-Committee,
shall be deemed to vitiate any act or proceeding of the Zila Panchayat,
Committee or sub-committee, if the majority of the persons present at the time
of the act being done, or proceedings being taken were members of the Zila
Panchayat or Committee or sub-Committee without any such disqualification or
defect.
(3) Until the contrary is proved, any document or
minutes which purport to be the record of the proceedings of a Zila Panchayat,
a Committee or a sub-Committee shall, if substantially made and signed in the
manner prescribed for the making and signing of the record of such proceedings,
be deemed to be a correct record of proceedings of a duly convened meeting held
by a duly constituted Zila Panchayat, Committee or sub-Committee, whereof all
he members were duly qualified.
(4) The provisions of the proceeding sub-sections shall
mutates mutandis apply to acts and proceedings of every Kshettra Panchayat or
Committee or sub-Committee thereof.
Section 99 - Zila Nidhi and Kshettra Nidhi
(1) There shall be established for each Zila Panchayat
a fund called Zila Nidhi and for each Kshettra Panchayat a fund called Kshettra
Nidhi, to the credit whereof shall be placed all sums received, [including the
grants-in-aid from the Consolidated Fund of the State],
and all loans raised by or on behalf of the Zila Panchayat or the Kshettra
Panchayat, as the case may be;
Provided
that a Zila Panchayat or a Panchayat shall earmark parts of the fund received
by it for a particular purpose for that purpose and shall expend the same
carrying out that purpose.
(2) Nothing in this section shall effect any
obligations of a Zila Panchayat or a Kshettra Panchayat arising from a trust
legally imposed upon or accepted by it.
(3) A Zila Panchayat or a Kshettra Panchayat may
receive such contributions in cash or in kind as may be made by any persons for
any work of public utility and the Zila Panchayat or the Kshettra Panchayat
shall, thereupon, utilize the same together with its contributions, wherever
necessary, in executing such work.
Section 100 - Zila Panchayat to be local authority under the Local Authorities Loans Act, 1914
(1) A Zila Panchayat shall be deemed to be a local
authority as defined in the Local Authorities Loans Act, 1914 (Act IX of 1914),
and shall be subject to all its provisions and the rules made thereunder for
the purpose of borrowing money under that Act.
(2) Subject to the provisions of Section 31 of the
Reserve Bank of India Act, 1934 (Act II of 1934) and with the previous sanction
of the State Government a Zila Panchayat may raise loans in the open market by
the issue of debentures in the manner and for the objects and subject to the
conditions, including the condition of maintaining a sinking fund, to be
prescribed by rules.
Section 101 - Custody and investment of fund
(1) The Zila Nidhi or Kshettra Nidhi shall be kept in
the Government Treasury or sub-treasury or in the Bank to which the Government
treasury business has been made over or with the previous sanction of State
Government in one or more of the Scheduled Banks or Co-operative Banks
specified by it in this behalf.
(2) In places where there is no such treasury or Bank,
the Zila Nidhi or the Kshettra Nidhi may be kept with a Banker, or person
acting as a Banker who has given security for safe custody and repayment on
demand of the fund so kept as the State Government may in each case think
sufficient.
(3) Nothing in the foregoing provisions of this section
shall be deemed to preclude a Zila Panchayat or Kshettra Panchayat from
investing, with the previous sanction of the State Government, in any of the
securities described in Section 20 of the Indian Trusts Act, 1882 (Act II of
1882), or placing on fixed deposit with the State Bank of India or with any
other authority or institution any portion of its fund which is not required
for immediate expenditure.
Section [101A - Withdrawal from and disbursement of the fund of Kshettra Panchayat
All withdrawal of moneys from the fund of the
Kshettra Panchayat and disbursement thereof shall be made jointly by the
Pramukh and the Khand Vikas Adhikari.]
Section 102 - Application of Fund
(1) The Nidhi and all property vested in a Zila Panchayat
and the Kshettra Nidhi and all property vested in a Kshettra Panchayat shall be
applied for the purposes, express or implied, for which, by or under this or
any other enactment, powers and conferred or duties or obligations are imposed
upon the Zila Panchayat or the Kshettra Panchayat, as the case may be.
(2) A Zila Panchayat or a Kshettra Panchayat shall not
incur any expenditure for acquiring or renting land beyond the limits of the
district or the Khand, as the case may be, or for constructing any work beyond
such limits except-
(a) with the sanction of the State Government; and
(b) on such terms and conditions as the State
Government may impose.
(3) Subject to the provisions of Section 99 the fund
and property of a Zila Panchayat or a Kshettra Panchayat shall be applied in
the following order of priority-
(a) liabilities and obligations arising from a trust
legally imposed upon, or accepted by the Zila Panchayat or the Kshettra
Panchayat;
(b) the payment of establishment charges including
contributions to pension, provident fund and leave allowances;
(c) all sums due to the Government;
(d) the repayment of, and the payment of interest on
any loan incurred under the provisions of the Local Authorities Loans Act,
1914;
(e) any sum ordered to be paid from the Zila Nidhi or the
Kshettra Nidhi, as the case may be, under sub-section (2) of Section 109,
sub-section (3) of Section 137, sub-section (2) of Section 229, sub-section (3)
of Section 230 and sub-section (3) of Section 252;
(f) the carrying on of the duties and obligations imposed
upon under Sections 31, 32, 33 and 34 of this Act or under any other enactment.
Section 103 - Property vested in Zila Panchayat
Subject
to any reservation made by the State Government, all property of the nature
specified in this section and situated within the district, shall vest in and
belong to the Zila Panchayat and shall with all other property which may become
vested in Zila Panchayat, be under its direction, management and control and
shall be held and applied for the purpose of this Act, that is to say-
(a) all public buildings of every description which
have been constructed or are maintained out of the Zila Nidhi;
(b) all public roads, which have been constructed or
are maintained out of the Zila Nidhi and the stones and other materials thereof
and also all trees, erections, materials, implements and things provided for
such roads; and
(c) all land and other property transferred to the Zila
Panchayat by Government, or by gift, sale or otherwise; for local public
purposes.
Section 104 - Property vested in Kshettra Panchayat
Subject
to any reservation made by the State Government all property of the nature
specified in this section and situated within the Khand shall vest in and
belong to the Kshettra Panchayat and shall, with all other property which may
become vested in the Kshettra Panchayat, be under its direction, management and
control, for the purpose of this Act, this is to say-
(a) all public buildings of every description which
have been constructed or are maintained out of the Kshettra Nidhi;
(b) all public road which have been constructed or are
maintained out of the Kshettra Nidhi and the stones and other materials thereof
and also all trees, erections, materials, implements and things provided for
such roads;
(c) all land and other property transferred to the
Panchayat by Government, or by gift, sale or otherwise for local purposes; and
(d) all tanks and wells and all adjacent lands,
buildings, materials and things connected therewith appertaining thereto within
the Khand, not being private property and not being maintained or controlled by
any Government or by a local authority other than the Antarim Zila Parishad.
Section 105 - Compulsory acquisition of land
(1) Where a Zila Panchayat or a Kshettra Panchayat for
the purpose of exercising any power or performing any duty conferred or imposed
upon it under this or any other enactment, desires to acquire permanently or
temporarily, any land or any right in respect of land, it may request the State
Government to acquire at its cost the same under the provisions of the Land
Acquisition Act, 1894 (Act 1 of 1894), or of any other existing law.
(2) On the acquisition by the State Government of such
land or such right under the aforesaid provisions and on payment by the Zila
Panchayat or the Kshettra Panchayat, as the case may be, to the State
Government of the compensation awarded thereunder and of the charges incurred
by the State Government in connection with the proceedings, the land or right,
as the case may be, shall vest in the Zila Panchayat or the Kshettra Panchayat,
as the case may be.
Section 106 - Public Institutions
(1) The management, control and administration of every
public institution maintained exclusively out of the Zila Nidhi or the Kshettra
Nidhi shall vest in the Zila Panchayat or the Kshetra Panchayat, as the case
may be.
(2) Any other public institution may also be vested in
or placed under the management, control and administration of a Zila Panchayat
or a Kshettra Panchayat;
Provided
that the extent of the authority of the Zila Panchayat or the Kshettra
Panchayat in respect thereof, may be prescribed by rule.
(3) All property, endowments and funds belonging to any
public institution vesting in, or placed under, the management, control and
administration of a Zila Panchayat or a Kshettra Panchayat, shall be held by
the Zila Panchayat or the Kshettra Panchayat in trust for the purpose to which
such property, endowments and funds were lawfully applicable at the time when
the institution became so vested or was so placed;
Provided
that nothing in the foregoing provisions of this section shall be held to
prevent the vesting of any trust property in the Treasurer of Charitable
Endowments under the Charitable Endowments Act, 1890 (Act VI of 1890).
Section 107 - Power to transfer property
(1) Subject to any restriction imposed by or under this
Act, a Zila Panchayat or a Kshettra Panchayat may transfer by sale, mortgage,
lease, gift, exchange or otherwise any property vested in it, not being
property held by it in trust, the terms of which are inconsistent with the
right so to transfer.
(2) Notwithstanding anything contained in sub-section
(1), a Zila Panchayat or a Kshettra Panchayat may, with the sanction of the
State Government, transfer to Government any property vested in it, but not so
as to affect any trust or public rights to which the property is subject;
Provided
that every transfer under sub-section (1), other than a lease for a term not
exceeding one year, shall be made by instrument in writing sealed with the
common seal of the Zila Panchayat or the Kshettra Panchayat, as the case may
be, and otherwise complying with all conditions in respect of contracts imposed
by or under this Act.
Section 107A - Penalty for encroachment or obstruction
[(1) Whoever makes any encroachment on any land
belonging to a Zila Panchayat in the territorial area of the Zila Panchayat,
except construction of steps over drain in any public street, shall be
punishable with simple imprisonment for a term which may extend to one year and
with fine which may extend to twenty thousand rupees.
(2) An offence punishable under sub-section (1)
shall be liable and cognizable.]
Section 108 - Payment of compensation from Zila Nidhi and Kshettra Nidhi
A
Zila Panchayat or a Kshettra Panchayat may make compensation out of its fund to
any person sustaining damage by reason of the exercise of any power conferred
or the performance of any duty imposed by or under this Act or any other
enactment, by it or by any person acting on its behalf under this Act, and
shall make such compensation where the person sustaining the damage was not
himself in default.
Section 109 - Payment by Zila Panchayat or Kshettra Panchayat for special police protection at fairs, etc
(1) When special police protection is asked for from
the State Government by a Zila Panchayat or a Kshettra Panchayat on the
occasion of any fair, agricultural show or industrial exhibition managed by the
Zila Panchayat or the Kshettra Panchayat or of a cattle market or cattle fair
controlled and regulated by the Zila Panchayat or the Kshettra Panchayat, the
State Government may provide such protection and the said Zila Panchayat or
Kshettra Panchayat shall pay the whole charges thereof or such portion of such
charges as the State Government consider equitably payable by it.
(2) If the sum charged is not paid, the prescribed
authority may make an order directing the person having the custody of the Zila
Nidhi or the Kshettra Nidhi, as the case may be, to pay the expense from such
Nidhi and the person shall pay it accordingly.
Section 110 - Preparation and passing of the budget of the Parishad
(1) The Karya Samiti, [of the Zila Panchayat] shall,
in consultation with the Vitta Samiti, in the manner prescribed and with due
regard to the provisions of the proviso to sub-section (1) of Section 99,
prepare every year before such date as is fixed by rule in this behalf, a complete
account of its actual and expected receipts and expenditure for the year ending
on the thirty-first of March, next following such date, together with a budget
estimate for the year commencing on the first day of April next following.
(2) In preparing the budget estimate under sub-section
(1) the estimate of income shall show separately grants from the State
Government towards planning and development activities and the estimate of
expenditure shall show separately how such grants are proposed to be expended.
(3) The Adhyaksha shall thereafter lay at a meeting of
the Zila Panchayat before a date to be fixed by rule in this behalf the account
and budget estimate prepared under sub-section (1).
(4) The Zila Panchayat shall, at the meeting referred
to in sub-section (3) discuss and then by a special resolution-
(a) pass the budget as a whole; or
(b) pass the budget with any modifications, which it
may deem fit to make, or
(c) remit the budget to the Karya Samiti for fresh
preparation.
(5) Where the Zila Panchayat has remitted a budget
under clause (c) of subsection (4), the Karya Samiti shall prepare a fresh
budget and the Adhyaksha shall lay such budget before the Zila Panchayat shall
discuss it and by special resolution either pass it as a whole or after such
amendment as it thinks fit.
(6) [x x x]
(7) The Zila Panchayat may, in consultation with the
Karya Samiti, vary or alter from time to time as circumstances may render
desirable the budget, [finally passed by it].
[x
x x]
Section 111 - Revision of budget of the Parishad
As
soon as may be after the first day of October a revised budget for the year
shall be framed and such revised budget shall, so far as may be, be subject to
all the provisions applicable to a budget made under Section 110.
Section 112 - Minimum closing balance shown in the budget of the Zila Panchayat
In
framing a budget, a Karya Samiti shall provide for the maintenance of such
minimum closing balance, if any, as the State Government may, by order,
prescribe.
Section 113 - Sending of copy of budget of Zila Panchayat to Commissioner and State Government
Every
Zila Panchayat shall submit copy of its budget as finally passed to the
Commissioner of the division and another copy to the State Government.
Section 114 - Prohibition of expenditure in excess of budget
(1) Where a budget or revised budget of a Zila
Panchayat has been finally passed under this Act, the Zila Panchayat shall not
incur any expenditure under any of the head of the budget, other than the head
providing for the refund of taxes, in excess of the amount passed under that
head, without making provision for such excess by the variation or alteration
of the budget.
(2) Where any expenditure under any head providing for
the refund of taxes is incurred in excess of the amount approved or sanctioned
under hat head, provision shall be made without delay for such expenditure by
the variation or alteration of the budget.
Section 115 - Preparation and passing of the budget of the Kshettra Panchayat
(1) [The Karya Samiti of the Kshettra Panchayat shall,
in consultation with the Vitta Evam Vikas Samiti, the Shiksha Samiti and the
Samata Samiti],
and with due regard to the provisions of the proviso to sub-section (1) of
Section 99 prepare before such date as is fixed by rule in this behalf a
complete account of its actual and expected receipts and expenditure for the
year ending on the 31st day of March next following such date, together with a
budget of its income and expenditure for the year commencing on the 1st day of
April next following.
Provided
that the estimated income shall show separately grants from the State
Government towards planning and development activities and the estimates of
expenditure shall show separately how such grants are proposed to be expended.
(2) [x x x]
(3) [x x x]
(4) The Kshettra Panchayat shall every year at a
meeting called before a date specified by rule for the purposes discuss the
account and budget prepared by the [x
x x], [Karya Samiti],
and then by resolution pass the budget without any modification or with such
modifications as it may deem fit to make.
(5) If by the date prescribed for the passing of the
budget, the budget of any Kshettra Panchayat has not been passed under
sub-section (4) then the budget prepared [the Karya Samiti shall be deemed to
be],
the budget as passed and it shall remain in force till the Kshettra Panchayat
declares it ineffective after passing the budget under sub-section (4).
Section 116 - Certain provisions relating to budget of Zila Panchayat to apply to budget of Kshettra Panchayats
The
provisions of Section 111, 112, 113 and 114, shall, mutatis mutandis, apply to
the budget of a Kshettra Panchayat.
Section 117 - Contracts by Zila Panchayat and Kshettra Panchayat
(1) Subject to the provisions of this Act, a Zila
Panchayat or a Kshettra Panchayat shall have power to enter into contracts
which may be necessary or expedient for any purpose of this Act.
(2) All matters relating to the sanction, execution,
variation and discharge of contracts including the preparation and sanction of
plans, estimates and projects therefore shall be regulated by rules.
(3) If a contract is executed otherwise than in
conformity with the provisions of this Act or any rules framed for the purpose,
it shall not be binding on the Zila Panchayat or the Kshettra Panchayat.
Section 118 - Rules to govern certain matters
The
following matters shall be governed by rules, namely-
(a) making of grants and loans;
(b) the accounts to be kept by a Zila Panchayat or
Kshettra Panchayat;
[(c) manner of consultation of the Vitta Samiti of
the Zila Panchayat by its Karya Samiti and of the Vitta Evam Vikas Samiti, the
Shiksha Samiti and the Samata Samiti of the Kshettra Panchayat by its Karya
Samiti in regard to budget.]
(d) the manner in which such accounts shall be
audited and published and the powers of auditors about disallowances and
recommending against members and officers or servants of the Zila Panchayat or
the Kshettra Panchayat in respect of loss, waste or misuse of any fund or
property of the Zila Panchayat or Kshettra Panchayat occasioned by the
negligence or misconduct of such member, officer or servant;
(e) the
date before which a meeting shall be held for the sanction of the budget;
(f) the
methods and forms to be adopted in the preparation of budgets;
(g) the returns, statements and reports to be
submitted by the Zila Panchayat or a Kshettra Panchayat; and
(h) traveling
allowance including daily allowance that may be paid to Adhyaksha, [x
x x], Pramukh, [x
x x] and members of Zila Panchayat or Kshettra Panchayat.
Section 119 - Taxes which may be imposed by the Zila Panchayat
(1) The taxes which the Zila Panchayat may impose or
continue the imposition of for the purpose of this Act shall be the following,
namely-
(a) a tax on circumstances and property; or
(b) any other tax which the State Legislature has the
power under the Constitution of India, including Article 277 thereof, to impose
in the State and of which imposition by the Zila Panchayat has been authorized
by the State Government.
(2) The taxes shall be assessed and levied subject to
the provisions of Article 285 of the Constitution of India and in accordance
with the provisions of this Act and rules, regulations and bye-laws framed
thereunder.
Section 120 - Continuance of Imposition of Circumstances and Property Tax
(1) Where immediately before the appointed date there
was in force a tax on Circumstances and Property in any district imposed or
continue under the United Provinces District Boards Act, 1922 (U.P. Act X of
1922), such tax shall until abolished or altered with the previous sanction of
the State Government, continue to be levied by the Zila Panchayat at the same
rates and under the same conditions at and under which it was being levied
under the Act aforesaid and notwithstanding nothing in Section 121, all rules,
regulations and bye-laws, all orders and notifications and all appointments
relating to the levy of such taxes in force on the appointed date shall
continue in force as if they have been made under this Act and may be
cancelled, altered or modified in accordance with the provisions of this Act.
(2) Where a tax on Circumstances and Property is not
already in force in a district immediately before the appointed date, the Zila
Panchayat of that district may impose such a tax in the manner hereinafter
provided.
(3) The recovery of any arrears of the tax on
circumstances and Property may be made under Chapter VIII, or as arrears of
land revenue, in the discretion of the Zila Panchayat.
Section 121 - Conditions and restrictions for tax on Circumstances and Property
The
power of a Zila Panchayat to impose a tax on circumstances and Property shall
be subject to the following conditions and restrictions, namely-
(a) the tax may be imposed on any person residing or
carrying on business in the rural areas provided that such person has so
resided or carried on business for a total period of at least six months in the
year under assessment.
(b) no tax shall be imposed on any person whose total
taxable income is less than [twelve thousand rupees],
per annum;
(c) the rate of tax shall not exceed three Naye Paise
in the rupee on the total taxable income; and
(d) the total amount of tax imposed on any person shall
not exceed such maximum, if any, as may be prescribed by rule.
Explanation-For
the purpose of this section "taxable income" means estimated income
but shall not include income of the following classes:
(i) 'agricultural income' as defined in the Indian
Income Tax Act, 1922 (Act XI of 1922);
(ii) income on which any tax has previously been imposed
under Section 128 of the United Provinces Municipalities Act, 1916 (U.P. Act II
of 1916), by any Municipal Board or any notified area Committee;
(iii) income on which any tax has previously been imposed
by any other Zila Panchayat under clause (a) sub-section (1) of Section 119;
(iv) income on which any tax has been previously been
imposed under Section 14 of the United Provinces Town Areas Act, 1914 (U.P. Act
II of 1914);
(v) income on which any tax has been previously been
imposed by any [Municipal Corporation] under
Section 172 of the Uttar Pradesh [Municipal Corporation] Adhiniyam,
1959 (U.P. Act II of 1959).
Section 122 - Collection of Circumstances and Property Tax through [Gram Panchayats] [301]
Notwithstanding
anything contained in the United Provinces Panchayat Raj Act, 1947 (U.P. Act
XXVI of 1947), a Zila Panchayat may, on payment of such commission as may, from
time to time, be specified by the State Government entrust the work of
collection of tax on Circumstances and Property levied upon the [Residents of the
Panchayat area],
of a [Gram Panchayat],
to that Gram Panchayat,
and in such case it shall be the duty of the [Gram Panchayat],
to collect the tax from such residents and to remit the realization to the Zila
Nidhi.
Section 123 - Framing of preliminary proposals for impostion of tax
(1) When a Zila Panchayat desires to impose a tax, it
shall, by special resolution, frame proposals specifying-
(a) the tax, being one of the taxes described in
Section 119 which it desires to impose;
(b) the persons or class of persons to be made liable
and the description of the property or other taxable thing or circumstance in
respect of which they are to be made liable, except where and in so far as any
such class or description is already sufficiently defined under clause (a) or
by this Act;
(c) the amount or rate leviable from each such person
or class of persons;
(d) any other matter referred to in Section 140 which
the State Government requires by rule to be specified.
(2) The Zila Panchayat shall also prepare a draft of
the rules which it desires the State Government to make in respect of the
matters referred to in Section 140.
(3) The Zila Panchayat shall, thereupon, publish in the
manner prescribed by rules the proposals framed under sub-section (1) and the
draft rules framed under sub-section (2) along with a notice in such form as
the Zila Panchayat may, by regulation, prescribe.
Section 124 - Procedure subsequent to framing proposals
(1) Any person ordinarily residing or carrying on
business in the district within which the Zila Panchayat desires to impose a
tax, may, within thirty days from the publication of the said notice, submit to
the Zila Panchayat an objection in writing, to all or any of the proposals
framed under the preceding
section and the Zila Panchayat shall take any objection so submitted into
consideration and pass orders thereon by special resolution.
(2) If the Zila Panchayat desires to modify its
proposals or any of them it shall publish modified proposals and, if necessary,
revised draft rules, along with a notice indicating that the proposals and the
rules, if any, are in modification as proposals and rules previously prescribed
in sub-section (1).
(3) Any objections which may be received to the
modified proposals shall be dealt with in the manner prescribed in sub-section
(1).
Section 125 - Powers of State Government to sanction proposals by Zila Panchayat
(1) When the Zila Panchayat has finally settled its
proposal, it shall submit them along with the objections, if any, made in
connection therewith to the prescribed authority, who shall submit the
proposals and objections, if any, to the State Government.
(2) The State Government after considering the said
objections, if any, may either refuse to sanction the proposals or return them
to the Zila Panchayat for further consideration, or sanction them without
modification or with such modification, not involving any increase of the
amount to be imposed, as it deems fit.
Section 126 - Rules to be made by State Government
(1) When the State Government has sanctioned the
proposals of the Zila Panchayat under sub-section (2) of Section 125, it shall,
after taking into consideration the draft rules submitted by the Zila
Panchayat, proceed forthwith to make under Section 237 such rules in respect of
the tax as for the time being it considers necessary.
(2) When the rules have been made, a copy thereof shall
be sent to the Zila Panchayat.
Section 127 - Resolution of Zila Panchayat directing imposition of tax
Upon
receipt of the copy of the rules sent under the preceding section, the Zila
Panchayat shall by special resolution direct the imposition of the tax with
effect from a date, to be specified in the resolution, not less than six weeks
from the date of such resolution.
Section 128 - Imposition of the tax
(1) A copy of the resolution passed by the Zila
Panchayat under Section 127 shall be submitted to the State Government.
(2) Upon receipt of the copy of the resolution, the
State Government shall notify in the Gazette the imposition of the tax from the
date specified under Section 127 and the imposition of a tax shall in all cases
be subject to the condition that it has been so notified.
(3) A notification of the imposition of a tax under
sub-section (2) shall be conclusive proof that the tax has been imposed in
accordance with the provisions of this Act.
Section 129 - Procedure for altering taxes
The
procedure for abolishing or suspending a tax, or for altering a tax in respect
of the matters specified in clauses (b) and (c) of subsection (1) of Section
123 shall, so far as may be, the procedure prescribed by Sections 123 to 128
for the imposition of a tax.
Section 130 - Altered or modified procedure in respect of certain taxes
Notwithstanding
anything in Sections 123 to 129, the State Government may, by rule, prescribe
such other or modified procedure of the imposition and alteration of any tax
mentioned in clause (b) of sub-section (1) of Section 119 as it may think fit.
Section 131 - Exemption
(1) A Zila Panchayat may exempt, for a period not
exceeding one year, from the payment of a tax or any portion of a tax imposed
under this Act, any person who is, in its opinion, by reason of poverty, unable
to pay the same, and may renew the same exemption as often as it deems
necessary.
(2) A Zila Panchayat may, by a special resolution
confirmed by the prescribed authority, exempt from the payment of a tax, or any
portion of a tax, imposed under this Act, any person or class of persons or any
property or description of property.
(3) The State Government may, by order, exempt from the
payment of a tax, or any portion of a tax, imposed under this Act, any persons
or class of persons or any property or description of property.
Section 131A - Imposition of tax by Kshettra Panchayat
[A Kshettra Panchayat may, in such manner as may be
prescribed, impose-
(a) water tax, where it constructs or maintains a
scheme for providing drinking water, water for irrigation or for any other
purposes under its jurisdiction;
(b) electricity tax, where it provides for an maintains
lighting arrangement at a public street or other public places;
(c) 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 Kshettra Panchayat has been authorized by the
State Government.]
Section 132 - Power of State Government to remedy or abolish a tax
(1) Whenever it appears, on complaint made or otherwise
to the State Government that the levy of any tax imposed by a Zila Panchayat is
contrary to the public interest or that any tax is unfair in its incidence, the
State Government may, after considering the explanation of the Zila Panchayat,
by order require the Zila Panchayat to take measures, within a time to
specified in the order, for the removal of any defect which is considers to
exist in the tax or in the method of assessing or collecting the tax.
(2) Upon the failure or inability of the Zila Panchayat
to comply, to the satisfaction of the State Government with a order made under
sub-section (1), the State Government may, by notification, suspend the levy of
the tax, or of any portion thereof, until the defect is removed, or may abolish
or reduce the tax.
Section 133 - Obligation to disclose liability
(1) A Zila Panchayat may, by written communication,
call upon any person specified in clause (a) of Section 121, to furnish such
information as may be necessary in order to ascertain-
(a) whether such a person is liable to pay a tax
assessed on his Circumstances and Property;
(b) at what amount he should be assessed; and
(c) the annual value of the building or land, which he
occupies and the name and address of the owner.
(2) In respect of any other tax, a Zila Panchayat may,
by written communication, require any person who may appear to be liable to
payment of such tax, to furnish such information as may be prescribed by rule.
(3) If the person so called upon to furnish the
information omits to furnish it. Or furnishes information which is untrue, he
shall be liable upon conviction to a fine which may extend to [one thousand
rupees].
Section 134 - Powers of inspection
Subject
to the conditions and restrictions specified in Section 222, the Adhyaksha and
the Mukhya Adhikari of a Zila Panchayat and, if authorized in this behalf by a
resolution any other member, officer or servant of the Zila Panchayat, may
enter, inspect and measure a building for the purposes of valuation.
Section 135 - Appeal relating to tax
(1) An appeal against an assessment, or any alteration
of any assessment, of a tax on Circumstances and Property may be made to and be
decided by, the prescribed authority in such manner as may be prescribed by
rules.
(2) In the case of any tax imposed by the Zila
Panchayat under the powers conferred by clause (b) of sub-section 119 the State
Government shall provided by rules the authority to which an appeal may be made
against assessment or any alteration of an assessment of the tax and the manner
in which such appeal is to be made and decided.
Section 136 - Limitation and preliminary deposit of tax claimed
No
such appeal shall be heard and determined unless-
(a) the appeal is brought within thirty days next after
the date of the receipt of notice of assessment or alteration of assessment, if
no notice has been given within thirty days next after the date of the first
demand under the assessment or alteration of assessment; and
(b) where the amount claimed from the appellant is
above twenty-five rupees, half of that amount has been deposited by him in the
office of the Zila Panchayat..
Section 137 - Costs
(1) In every appeal under Section 135, the cost shall
be in the discretion of the officer deciding the appeal.
(2) Costs awarded under this section to the Zila
Panchayat shall be recoverable by the Zila Panchayat in the manner provided by
Chapter VIII.
(3) If the Zila Panchayat fails to pay the costs
awarded to the appellant within ten days after the date of communication to the
Zila Panchayat of the order for payment thereof the officer awarding the costs
may order the person having the custody of the balance of the Zila Nidhi to pay
the amount and the person shall pay it accordingly.
Section 138 - Bar to jurisdiction of civil and criminal court in matters of taxation
(1) No objection shall be taken to a valuation or
assessment nor shall the liability of a person to be assessed or taxed be
questioned in any other manner or by any other authority than is provided by or
under this Act.
(2) The order of the appellate authority confirming,
setting aside or modifying an order in respect of calculation or assessment or
liability to assessment or taxation shall be final.
Provided
that it shall be lawful for the appellate authority, upon application or on his
own motion, to review any order passed by him appeal by further order passed
within three months from the date of his original order.
Section 139 - Savings
No
assessment list or other list, notice, bill or other such document specifying
or purporting to specify with reference to any tax, charge, rent or fee any
person, property, thing or circumstances shall be invalid by reason only of a
mistake in the name, residence, place of business or occupation of person or in
the description of the property, thing or circumstances, or by reason of any
mere clerical error or defect of form, and it shall be sufficient that the
person, property, thing or circumstance is described sufficiently for the
purpose of identification and it shall not be necessary to name the owner or
occupier of any property liable in respect of a tax.
Section 140 - Rules as to assessment, collection or other matter
The
following matters shall be governed by rules except in so far as provision
therefore is made by this Act, namely-
(a) the assessment and collection of taxes;
(b) the prevention of evasion of taxes;
(c) the system on which refund shall be allowed and
paid;
(d) the fees for notice demanding payments on account
of tax on Circumstances and Property and for the execution of warrants of
distress;
(e) the rates to be charged for maintaining livestock
distrained; and
(f) any other matter relating to taxes in respect of
which this Act, makes no provision or insufficient provision and provision is,
in the opinion of the State Government, necessary.
Section 141 - Share of [Gram Panchayats] [308], in taxes
Out
of its net proceeds from the tax on circumstances and property, the Zila
Panchayat shall contribute to the funds of the [Gram Panchayats],
of the District such amounts as it may determine having regard to the
requirements of each of such [Gram Panchayats].
Section 142 - Fees for use, otherwise than under a lease of property of a Zila Panchayat or a Kshettra Panchayat
(1) A Zila Panchayat or a Kshettra Panchayat may charge
fees to be fixed by bye-law or by public auction or by agreement for the use or
occupation (otherwise than under a lease) of any immovable property vested in,
or entrusted to the management of, the Zila Panchayat or the Kshettra
Panchayat, as the case may be, including any public road or place of which it
allows the use or occupation whether by allowing a projection thereon or
otherwise.
(2) Such fees may either be levied along with the fees
charged under Section 143 for the sanction, licence or permission or may be
recovered in the manner prescribed by Chapter VIII.
Section 143 - Licence fee, etc
A
Zila Panchayat or Kshettra Panchayat may charge a fee to be fixed by bye-law
for any licence, sanction or permission which it is entitled or required to
grant by or under this Act.
Section 144 - Certain other fees
With
the previous sanction of the State Government, a Zila Panchayat or a Kshettra
Panchayat may fix and levy school fees, fee for the use of libraries and Sarais
and Paraos, fee for the use of, or benefits derived from, any of the works or
institutions constructed and maintained by the Zila Panchayat or the Kshettra
Panchayat originally undertaken as famine preventive or relief works fees for
the services of bulls and stallions, and for registration of animals, and fees
at fairs, markets, agricultural shows, and industrial exhibitions held under
its authority or otherwise, to which the public is allowed access and at which
the Zila Panchayat or the Kshettra Panchayat provides sanitary and other
facilities for the public and tolls for the use of bridges constructed,
repaired or maintained by the Zila Panchayat or the Kshettra Panchayat.
Provided
that a Zila Panchayat or Kshettra Panchayat shall not fix or levy fees for the
use of Paraos which are not vested in it.
Section 145 - Licence fees and tolls in respect of markets
Subject
to any rule made by the State Government in this behalf, a Zila Panchayat or a
Kshettra Panchayat may impose in any market established, maintained or managed
by it any one or more of the following fees or tolls:
(a) licence fees on brokers, commission agents,
weighmen or measures practicing their calling within such markets;
(b) toll on vehicles, pack animals or porters bringing
goods for sale into such a market;
(c) market fees for the right to expose goods for sale
in such market or for the use of any building or structure therein;
(d) fees on the registration or animals sol in market.
Section 146 - Mode of recovery of fees and tolls levied under sections 144 and 145
Any
unpaid fees and tolls referred to in Section 144 and 145 may be recovered in
the manner prescribed in Chapter VIII.
Section 147 - Mode of recovery of taxes and other dues
Unless
otherwise provided by this Act, taxes and other dues, referred to in Section
148 may be recovered by the Zila Panchayat by distrain, and sale of a
defaulter's movable property in the manner hereinafter provided.
Section 148 - Presentation of bill
(1) As soon as a person becomes liable for the payment
of-
(a) any sum on account of a tax imposed by the Zila Panchayat;
or
(b) any other sum declared by or under this Act or by
any rule or bye-law made under the Northern India Ferries Act, 1878, (Act XVII
of 1878), to be recoverable in the manner provided by this Chapter.
The Zila Panchayat shall, with all convenient
speed, cause a bill to be presented to the person so liable.
(2) Unless otherwise provide by rule, a person shall be
deemed to become liable for the payment of every tax and licence fee upon the
commencement of the period in respect of which such tax or fee is payable.
Section 149 - Contents of bill-Every such bill shall specify
(a) the period for which, and the property, occupation,
circumstance or thing in respect of which, the sum is claimed;
(b) the liability for penalty enforceable in default of
payment; and
(c) the time within which an appeal, if any, may be
preferred as provided in Section 136.
Section 150 - Notice of demand
If
the sum for which a bill has been presented as aforesaid, is not paid into the
office of the Zila Panchayat, or to a person empowered by a regulation to
receive such payments, within fifteen days from the presentation thereof, the
Zila Panchayat may cause to be served upon the person liable for the payment of
the said sum, a notice of demand in such form as the Zila Panchayat may be
regulation prescribe.
Section 151 - Issue of warrant
(1) If the person liable for the payment of the said
sum does not, within thirty days from the service of such notice of demand,
either-
(a) pay the sum demanded in the notice; or
(b) show cause to the satisfaction of the Zila
Panchayat or of such officer as the Zila Panchayat by regulation may appoint in
this behalf why he should not pay the same;
such
sum with all costs of the recovery may be recovered, under a warrant caused to
be issued by the Zila Panchayat in such form as the Zila Panchayat may by
regulation, prescribed, by distress and sale of the movable property of the
defaulter.
(2) Every warrant issued under this section shall be
signed by the Adhyaksha or by an officer to whom the Zila Panchayat has
delegated this power by regulation.
Section 152 - Forcible entry for purpose of executing warrant
It
shall be lawful for an officer of the Zila Panchayat, to whom warrant issued
under Section 151 is addressed, to break open, at any time between sunrise and
sunset, any outer or inner door or window of a building in order to make the
distress directed in the warrant, in the following circumstance and not
otherwise-
(a) if the warrant contains a special order authorizing
him in this behalf; and
(b) if he has reasonable grounds for believing that the
building contains property which is liable to seizure under the warrant; and
(c) if, after notifying his authority and purpose and
duly demanding admittance, he cannot otherwise obtain admittance;
Provided
that such officer shall not enter or break open the door of a apartment
appropriated for women until he has given any woman therein an opportunity to
withdraw.
Section 153 - Manner of executing warrant
(1) It shall also lawful for the officer mentioned in
Section 152 to distrain, wherever it may be found within the rural area, any
movable property of the defaulter, subject to the provisions of sub-section
(2).
(2) The following property shall not be distrained-
(a) the necessary wearing apparel and bedding of the
defaulter, his wife and children, and his necessary cooking utensils;
(b) the tools of artisans;
(c) books of account;
(d) when the defaulter is an agriculturist, his
implements of husbandry, seed, grain, and such cattle as may be necessary to
enable him to earn his livelihood.
(3) The distress shall not be excessive, that is to
say, the property distrained shall be as nearly as possible equal in value to
the amount recoverable under the warrant, and if any articles have been
distrained which, in the opinion of a person authorized by or under sub-section
(2) of Section 158 to sign a warrant, should not have been so distrained they
shall all forthwith be returned.
(4) The Officer shall, on seizing the property,
forthwith make an inventory thereof, and shall, before removing the same, give
to the person in possession thereof at the time of seizing a copy of the
inventory signed by him and a written notice in such form as the Zila Panchayat
may, by regulation, prescribe that the said property will be sold as specified
in such notice.
Section 154 - Sale of goods under warrant and application of proceeds
(1) When the property seized is subject to speedy and
natural decay, or when the expense of keeping in custody together with the
amount to be recovered is likely to exceed its value, the Adhyaksha or other
officer by whom the warrant was signed, shall at once give notice to the person
in whose possession the property was seized to the effect that it will be sold
at once and shall sell it accordingly unless the amount named in the warrant be
forthwith paid.
(2) If not sold at once under sub-section (1) the
property seized or sufficient portion thereof, may, on the expiration of the
time specified in the notice served by the officer executing the warrant be
sold by public auction under the order of the Zila Panchayat, unless the
warrant is suspended by the person who signed it or the sum due from the
defaulter is paid together with all costs incidental to the notice, warrant and
distress and detention of the property.
(3) The surplus if any, shall forthwith be remitted by
money order, less postal commission, to the person from whose possession the
property was taken. If the amount so remitted is returned to the Zila Panchayat
by the post office it shall be credited to Zila Nidhi, notice of such credit
being given at the same time to the said person, and, if the same be claimed by
written application to the Zila Panchayat within one year from the date of the
service of the notice, a refund thereof shall be made to such person. Any sum
not claimed within one year from the date of service of such notice shall be
the property of Zila Panchayat.
Section 155 - Procedure in case of execution against property outside the rural area
(1) If no sufficient movable property belonging to a
defaulter can be found within the rural area, the District Magistrate may, on
the application of the Zila Panchayat, issue his warrant to an officer of his
Court-
(a) for the distress and sale of any movable property
of effect belonging to a defaulter within any other part of the jurisdiction of
the Magistrate; or
(b) for the distress and sale of any movable property,
belonging to the defaulter within the jurisdiction of any other Magistrate
exercising jurisdiction within Uttar Pradesh.
(2) In the case of action being taken under clause (b)
of sub-section (1) the other Magistrate shall endorse the warrant so issued and
cause it to be executed, and any amount recovered to be remitted to the
Magistrate issuing the warrant, who shall remit the same to the Parishad.
Section 156 - Fees and costs
A
fee for every notice issued under Section 150 and distress made under Section
153 and 155 and the cost of maintaining any livestock seized under the said
sections shall be chargeable at the rates respectively specified in such behalf
in rules made by the State Government and shall be included in the costs and
recovery to be levied under Section 151.
Section 157 - Saving
No
distress or the sale made under this Act, shall be deemed unlawful, nor any
person making the same be deemed a trespasser on account of an error, defect or
want of form in the bill, notice, warrant of distress, inventory or other
proceeding relating thereto.
Section 158 - Alternative power of bringing suit or recovering as arrears of land revenue
(1) Instead of proceeding by distress and sale or in
case of failure to realize thereby the whole or any part of the demand, the
Zila Panchayat may sue the person liable to pay the same in any Court of
competent jurisdiction.
(2) In the case of an arrear of tax on Circumstances
and property a Zila Panchayat may in addition to the power to take recourse to
the provisions of Section 148 or subsection (1) of this Section, but subject to
and in accordance with rules made in this behalf recover them as arrears of the
land revenue.
Section 159 - Recovery or rent on land
Where
any sum is due on account of rent from a person to a Zila Panchayat in respect
of the land vested in or entrusted to the management of the Zila Panchayat, the
Zila Panchayat subject to and in accordance with rules made in this behalf may
recover any such arrear as arrear of land revenue.
Section 160 - Recovery of rent for other immovable property
Any
arrears due on account of rent from a person to the Zila Panchayat in respect
of immovable property, other than land vested in or entrusted to the management
of the Zila Panchayat, shall be recovered in the manner provided in Section
148.
Section 161 - Recovery of dues of Kshettra Panchayat
Any
sum due to a Kshettra Panchayat under this Act or under any rule or bye-law
made thereunder and declared by this Act or such rule or bye-law to be
recoverable in the manner provided by this chapter shall, mutatis mutandis, be
recovered as provided in this chapter.
Section 162 - Definition
For
the purposes of this Chapter-
(a) "Appropriate Authority" shall mean the Kshettra
Panchayat if the subject comes within the functional jurisdiction of the
Kshettra Panchayat and the Zila Panchayat in other cases;
(b) "Kshettra Panchayat" shall, in relation
to any part of the rural area including controlled rural area, mean the Kshettra
Panchayat exercising jurisdiction in such part.
Section 163 - Limitation to application of certain sections of this Chapter
(1) Without prejudice to any other provisions of this
Act, the provisions of Sections 164, 165, 166, 167, 168, 169, 170, 171, 172,
173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 184, 186, 187, 209, 213 and
216 of this Chapter shall apply only to those portions of the rural area as
have been specified by the Zila Panchayat under this section.
(2) A Zila Panchayat may by resolution declare that the
provisions of the sections mentioned in sub-section (1) or any one or more of
them shall apply to any portion of the rural area of the district to be
specified in the resolution and thereupon the provisions of the sections
mentioned in the resolution shall apply to the area so specified which shall be
called "controlled rural area".
Provided
that public notice of the resolution has been given to the residents of the
controlled rural area in such manner as may be prescribed by rules.
Section 164 - Construction of alteration of building to be after notice and according to bye-laws
(1) No erection or re-erection of a building or
material alteration in an existing building or making or enlarging a well
within a controlled rural area abutting on or adjacent to a public street or
place or property vested in Government or the Zila Panchayat, Kshettra
Panchayat shall be carried out except in accordance with the direction of any
rule made by Government or bye-law made by the Zila Panchayat and shall not be
commenced unless written notice thereof has been tendered to the Kshettra
Panchayat not less than one month in advance, with such details of the proposed
construction or alteration as may be required by bye-law to be furnished along
with such notice.
(2) An alteration in a building shall, for the purpose
of this Chapter and of any rule or bye-law, be deemed to be material if-
(a) it affects or is likely to affect prejudicially the
stability or safety of the building or the condition of the building in respect
of drainage, ventilation, sanitation or hygiene; or
(b) it increases or diminishes the height or area
covered by or cubical capacity of the building or reduces the cubical capacity
of any room in the building below the minimum prescribed in any bye-law; or
(c) it converts into a place for human habitation a
building or portion of a building originally constructed for other purposes; or
(d) it is an alteration declared by a bye-law made in
this behalf to be material alteration.
Section 165 - Sanction of work by Kshettra Panchayat
(1) Subject to the provision of any bye-law the
Kshettra Panchayat may either refuse to sanction any work of which notice has
been given under Section 164 or may sanction it absolutely or subject to-
(a) any written direction that the Kshettra Panchayat
deems fit to issue in respect of all or any of the matters mentioned in
sub-head (f) of Heading 'A' of sub-section (2) of Section 239; or
(b) a written direction requiring the set-back of the
building or part of a building to the regular line of the street, prescribed
under Section 191, or, in default of any regular line prescribed under that
section to the line of frontage of any neighbouring building or buildings.
(2) In the case of refusal to sanction under
sub-section (1), the Kshettra Panchayat shall communicate in writing the
reasons for such refusal to the person giving notice under Section 164.
(3) Should the Kshettra Panchayat neglect or omit for
one month after the receipt of valid notice under Section 164 to make and
deliver to the person who has given such notice an order of the nature
specified in sub-section (1) in respect thereof, such person may by written
communication call the attention of the Kshettra Panchayat to the omission or
neglect, and, if such omission or neglect continues for a further period of one
month, the Kshettra Panchayat shall be deemed to have sanctioned the proposed
work absolutely.
Section 166 - Duration of sanction
(1) A sanction given or deemed to have been given by a
Kshettra Panchayat under Section 165 shall be available for three years or for
such lesser period as may be prescribed by bye-law.
(2) After the expiry of the said period the proposed
work may not be commenced without a sanction under the foregoing Section.
Section 167 - Inspection of work requiring sanction
The
Pramukh, the Khand Vikas Adhikari and if authorized in this behalf by
resolution of the Kshettra Panchayat, any other member, officer or servant of
the Kshettra Panchayat may at any time and without warning inspect any work in
respect of which notice is required under Section 164-
(a) while under construction; or
(b) within one month of the receipt of a report that it
has been completed or, in default of such report, at any time after completion.
Section 168 - Compensation for damage sustained through order passed under Section 165
Notwithstanding
anything contained in Section 108, a person giving notice under Section 164
shall not be entitled to any compensation for damage or loss sustained by
reason of an order passed by a Kshettra Panchayat under Section 165 unless-
(a) the order is passed on some ground other than that
the proposed work would contravene a bye-law or be prejudicial to the health or
safety of the public or any person; or
(b) the order contains a direction of the nature
specified in clause (b) of subsection (1) of Section 165; or
(c) the order is an order of refusal to sanction the
re-erection of a building on the ground that it is unsuitable in plan or design
to the locality or is intended for a purpose unsuitable to the locality, or
contravenes a bye-law under sub-head (d) or Heading 'A' of sub-section (2) of
Section 239.
Section 169 - Effect of sanction under Section 165
(1) A sanction given or deemed to have been given under
Section 165 shall not, beyond exempting the person to whom the sanction is
given or deemed to have been given from any penalty or consequence to which he
would otherwise be liable under Section 170, 171 or 191, confer or extinguish
any right or disability or operate as an estoppel or admission or affect any
title to property or have any other legal effect whatsoever.
(2) In particular, such sanction shall not operate to
relieve any person from the obligation imposed by Section 181 to obtain
separate sanction for any structure referred to therein.
Section 170 - Illegal erection or alteration of building
Whoever
begins, continues or completes the erection or re-erection of, or any material
alteration in a building or part of a building or the construction or
enlargement of a well, without giving the notice required by Section 164 or in contravention
of the provisions of Section 165 or of an order of Kshettra Panchayat refusing
sanction or any written directions made by the Kshettra Panchayat under Section
165 or any bye-law, shall be liable upon conviction to a fine which may extend
to five hundred rupees.
Section 171 - Powers of Kshettra Panchayat to stop erection and to demolish building erected
The
Kshettra Panchayat may at any time by written notice direct the owner or
occupier of any land to stop the erection, re-erection or alteration of a
building or part of a building or the construction or enlargement of a well
thereon in any case, where the Kshettra Panchayat considers that such erection,
re-erection, alteration, construction or enlargement is an offence under
Section 170 and may, in like manner, direct the alteration or demolition, as it
deems necessary, of the building, part of a building or the well, as the case
may be.
Section 172 - Public drains
The
Kshettra Panchayat may construct within the controlled rural area such drains
as it thinks necessary for keeping an inhabited area properly cleansed and
drained and may carry such drains through, across or under any street or place,
and after reasonable notice in writing to the owner or occupier, into, through
or under any building or land.
Provided
that compensation worked out in the manner provided by rules shall be paid to
such owner or occupier.
Section 173 - Alteration of public drains
(1) The Kshettra Panchayat may, from time to time,
enlarge, lessen, alter the course of, cover or otherwise improve a public drain
and may discontinue, close up or remove any such drain.
(2) The exercise of the power conferred by sub-section
(1) shall be subject to the condition that the Kshettra Panchayat shall provide
another and equally effective drain in place of any existing drain of the use
of which any person is deprived by the exercise of the said power.
Section 174 - Use of public drains by private owners
(1) The owner or occupier of a building or land within
the rural area shall be entitled to cause his drains to empty into the drains
of the Kshettra Panchayat, provided that he first obtains the written
permission of the Kshettra Panchayat, and that he complies with such conditions
consistent with any bye-law as the Kshettra Panchayat prescribes as to the mode
in which, and the superintendence under which the communications are to be made
between drains not vested in the Kshettra Panchayat and drains which are so
vested.
(2) Whoever, without the written permission of the
Kshettra Panchayat or in contravention of any bye-law or of any direction or
condition made or imposed under sub-section (1), makes or causes to be made, or
alters or causes to be altered a connection of a drain belonging to himself or
to some other persons with a drain vested in the Kshettra Panchayat, shall be
liable upon conviction to a fine which may extend to fifty rupees, and the
Kshettra Panchayat may by written notice require such person to close,
demolish, alter, remake or otherwise deal with such connection as it deems fit.
Section 175 - Provision of laying out and making a street before the construction of building on a site which does not abut a public or private street
Except
where a site abuts a public or private street, if any person owning or
possessing any land in a controlled rural area not hitherto used for building
purposes intends to utilize, sell, lease, or otherwise transfer such land or
any portion thereof as site for the construction of a building he shall before
utilizing selling, letting or otherwise transferring such site lay out and made
a street which shall connect such site with an existing public or private
street.
Section 176 - Permission to lay out and make a street
(1) Every person before beginning to lay out or make a
new private street in a controlled rural area shall submit an application in
writing to the Kshettra Panchayat seeking permission to lay out or make such
street and shall along with such application submit the following particulars:
(a) the proposed level, direction and width of the
street;
(b) the street alignment and the building line, and
shall also state in the application the arrangement to be made for leveling,
paving, metalling, flagging, channeling and draining of the street.
(2) The provision of this Act and of any rules or
bye-laws made thereunder as to level and width of a public street and the
height or a building abutting thereon shall also apply to the case of a street
referred to in sub-section (1), and all other particulars referred to in that
sub-section shall be subject to the approval of the Kshettra Panchayat.
(3) Within sixty days after the receipt of an
application under sub-section (1) the Kshettra Panchayat shall either sanction
the laying out or the making of the street on such conditions as it may think
fit to impose or disallow it or ask for further information with respect to it
within a specified reasonable period.
(4) Such sanction may be refused if-
(i) the proposed street would conflict with any
arrangements which have been made or which are, in the opinion of the Kshettra
Panchayat, likely to be made for carrying out any general scheme of a street
improvement; or
(ii) the proposed street does not conform to the
provisions of the Act, rules and bye-laws referred to in sub-section (2); or
(iii) the proposed street is not designed so as to
connect at least one end with a public street.
(5) No person shall lay out or make any new private
street or road without, or otherwise than in conformity with, the orders of
Kshettra Panchayat. If further information is asked for under sub-section (3)
the laying out or making of the street shall not be commenced until orders have
been passed on the application after receipt of such information.
Provided
that the passing of such orders shall not in any case be delayed by more than
thirty days after the Kshettra Panchayat has received all the information which
it considers necessary for the final disposal of the application.
Section 177 - Sanction of the Kshettra Panchayat to be presumed for laying out and making a street in certain case
Should
the Kshettra Panchayat neglect or omit for sixty days after the receipt of an
application under Section 176 to grant the sanction or if an order has been
issued under sub-section (3) of the said section asking for further information
fails within a period specified in such order to deliver to the person who has
submitted the application, particulars of the information required by the
Kshettra Panchayat such person may by, a written communication call the
attention of the Kshettra Panchayat to the omission, neglect or failure and if
such omission, neglect or failure continues for a further period of thirty
days, the Kshettra Panchayat shall be deemed to have sanctioned the laying out
and making of the proposed street absolutely.
Provided
that nothing contained herein shall be construed to authorize any person to act
in contravention of any provisions of the Act or any bye-laws.
Section 178 - Duration of sanction
(1) A sanction given or deemed to have been given by
the Kshettra Panchayat under Sections 176 and 177 shall be available for one
year.
(2) After the expiry of the said period the proposed
street may not be commenced without sanction under the foregoing sections.
Section 179 - Illegal making of a street
Whoever
begins, continues or completes the laying out or making of a street without
giving the notice required by Section 176 or in contravention of any written
direction made by the Kshettra Panchayat under Section 177 or any bye-law or
any provision of this Act, shall be liable upon conviction to a fine which may
extend to five hundred rupees.
Section 180 - Powers of Kshettra Panchayat to alter unsanctioned street and demolish the same
(1) If any person lays out or makes any street referred
to in Section 176 without or otherwise than in conformity with the orders of
the Kshettra Panchayat, the Kshettra Panchayat may notwithstanding any
prosecution which may have been started against the offender under this Act, by
notice in writing-
(a) require the offender to show sufficient cause by a
written statement signed by him and sent to the Kshettra Panchayat on or before
such date as may be specified in the notice, why such street should not be
altered to the satisfaction of the Kshettra Panchayat or if such alteration be
impracticable why such street should be demolished; or
(b) require the offender to appear before the Kshettra
Panchayat either personally or by a duly authorized agent on such day and at
such time and place as may be specified in the notice and show cause as
aforesaid.
(2) If any person on whom such notice is served fails
to show sufficient cause to the satisfaction of the Kshettra Panchayat, the
Kshettra Panchayat may pass such order directing the alteration or demolition
of the street as it thinks fit.
Section 181 - Sanction of Kshettra Panchayat to projections over streets and drains
(1) Subject to any rules made by the State Government
prescribing the conditions for the sanction by a Kshettra Panchayat of
projections over streets or drains in a controlled rural area, a Kshettra
Panchayat may give written permission, where provision is made by a bye-law for
the giving of such permission-
(a) to the owners or occupiers of buildings in or on
streets to erect or re-erect open verandahs, balconies, or rooms to project
over the street from any upper storey thereof, at such height from the surface
of the street, and to such an extent beyond the line of the plinth or basement
wall as are prescribed in such bye-laws; and
(b) to the owner or occupier of any building or land to
erect or re-erect any projection or structure so as to overhang project into,
or encroach on or over a drain in a street to such an extent, and in accordance
with such conditions, as are in like manner prescribed.
(2) In giving permission, under clause (a) of
sub-section (1) a Kshettra Panchayat may prescribe the extent to which, and the
conditions under which any roofs, caves, weather boards, shop-boards and the
like may be allowed to project over such streets.
Section 182 - Penalty for construction of projection over streets or drains without permission
Any
person erecting or re-erecting any such projection or structure as is referred
to in Section 181 without the permission thereby required or in contravention
of any permission given thereunder shall be liable on conviction to a fine
which may extend to two hundred and fifty rupees.
Section 183 - Power to remove encroachments and projections over streets and drains
The
Kshettra Panchayat may, by notice, require the owner or occupier of a building
to remove, or to alter a projection or structure overhanging, projection into
or encroaching on a street, or into, on or over any drain, sewer or aqueduct
therein.
Provided
that in the case of any such projection or structure lawfully in existence on
or before the commencement of this Act, the Kshettra Panchayat shall make
compensation for any damage caused by the removal or alteration, which shall
not exceed three times the cost of erection and demolition.
Section 184 - Power to require leveling, paving, etc. of streets
(1) If in the controlled rural area any private street
or part thereof is not leveled, paved, metalled, flagged, channeled or drained
to the satisfaction of the Kshettra Panchayat, the Kshettra may by notice
require the owners or occupiers of premises fronting, or abutting such street
or part thereof to carry out work which in its opinion may be necessary, and
within such time as may be specified in such notice.
(2) If such work is carried out within the time
specified in the notice, the Kshettra panchayat may, if it thinks fit, execute
it and the expenses incurred shall be recovered from the owners or occupiers in
default under Chapter VIII according to the frontage of their respective
premises and in such proportion as may be settled by the Kshettra Panchayat.
(3) If any street has been leveled, paved, metalled,
flagged, channeled and drained under the provisions of the preceding
sub-sections, such streets shall, on the requisition of not less than
three-fourths of the owners thereof, be declared a public street.
Section 185 - Power to require the projection of streets during erection of buildings etc
(1) No person shall cut down any tree or cut off a
branch of any tree, or erect or re-erect or demolish any building or part of a
building or alter or repair the outside of any building where such action is of
a nature to cause obstruction, danger or annoyance, or risk of obstruction,
danger or annoyance, to any person using a street, without the previous
permission in writing of the Kshettra Panchayat.
(2) The Kshettra Panchayat may at any time by notice
require that any person doing or proposing to do any of the acts referred to in
sub-section (1) shall refrain from beginning or continuing the act unless he
puts up, maintains and provides from sunset to sunrise with sufficient lighting
such hoardings or screens as are specified or described in the notice, and may
further at any time by notice require the removal within a time to be specified
in the notice, of any screen or hoarding erected in anticipation or in
pursuance of any of the said acts.
(3) Whoever contravenes the provisions of sub-section
(1) shall be liable on conviction to a fine which may extend to fifty rupees
and to a further fine which may extend to five rupees for every day on which
contravention continues after the date of the first conviction.
Section 186 - Power to require trimming of hedges and trees
The
Kshettra Panchayat may, by notice, require the owner or occupier of any land in
a controlled rural area to cut or trim the hedges growing thereon and bordering
on a street or any branches of trees growing thereon which overhang a street
and obstruct the same or cause danger.
Section 187 - Power to remove accidental obstructions
When
a private house, wall or other erection or anything fixed thereto or a tree
shall fall down and obstruct a public drain or encumber a street, the Kshettra
Panchayat may remove such obstruction or encumbrance at the expense of the
owner of the same and may recover such expense in the manner provided by
Chapter VIII, or may, by notice, require the owner to remove the same within a
time to be specified in the notice.
Section 188 - Regulation of troughs and drain water pipes affecting a street
The
Kshettra Panchayat may, by notice, require the owner or occupier of any
building or land abutting on a street to put up and keep in good condition
proper troughs and pipes for receiving and carrying off the water from the
building or land and for discharging the same such manner as the Kshettra
Panchayat may think fit, so as not to inconvenience persons passing along the
street.
Section 189 - Power to construct, improve and provide sites on public streets
A
Zila Panchayat or a Kshettra Panchayat may-
(a) lay out and make a new public street and construct
tunnels and other works subsidiary to the same;
(b) widen, lengthen, extend, enlarge or otherwise
improve any existing public street, if vested in the Zila Panchayat or the
Kshettra Panchayat, as the case may be;
(c) subject to such conditions as may be prescribed,
turn, divert, discontinue or close any public street so vested;
(d) provide within its discretion building sites of
such dimensions as it thinks fit to abut on or adjourn any public street made,
widened, lengthened, extended, enlarged or improved by it under clauses (a),
(b) and (c) or by the State Government.
(e) Subject to the provisions of any rule prescribing
the conditions on which property may be acquired by it acquire by agreement
with the owner or under the Land Acquisition Act, 1894 (Act I of 1894), or any
other existing law any land along with the building thereon which it considers
necessary for the purpose of any scheme or work undertaken or projected in
exercise of the powers conferred by the preceding clauses; and
(f) Subject to the provisions of any rule prescribing
the conditions on which property vested in it may be transferred, lease, sell
or otherwise dispose of any property acquired by it under clause (e) or any
land used by it for a public street and no longer required therefore, and in
doing so impose any condition as to the removal of any building existing
thereon, as to the description of any new building to be erected thereon, as to
the period within which such new building shall be completed, and as to any
other matter that it deems fit.
Provided
that in undertaking work under this section the Zila Panchayat or the Kshettra
Panchayat, as the case may be, shall in no case interfere with or encroach upon
any place of worship or religious sanctity.
Section 190 - Declaration of a street as a public street
(1) A Kshettra Panchayat may at any time, and shall
when required by a requisition under the sub-section (3) of Section 184 by
public notice posted up in any street that is not a public street, or in a part
of such street, five intimation of its intention to declare the same a public
street. Within two months next after such notice has been so posted up, the owner
or owners of such street, or of a greater portion thereof may lodge objections
addressed to the Kshettra Panchayat against the notice. The Kshettra Panchayat
shall consider the objections lodged and if it rejects them, may, by further
public notice posted up in such street or such part, declare the same to be a
public street.
(2) Any public notice required under sub-section (1)
shall, in addition to being posted up in the street, be published in a local
paper, if any, or in such other manner as the Kshettra Panchayat thinks fit.
(3) The Zila Panchayat may also exercise the power
conferred by this section in respect of a street or part of a street which it
wants to include amongst district roads.
Section 191 - Power to regulate line of buildings on public streets
(1) Whenever the appropriate authority considers it
expedient to define general line of buildings on each or either side of any
existing or proposed public street, it shall give public notice of its
intention to do so.
(2) Every such notice shall specify a period within
which objections will be received.
(3) The appropriate authority shall consider all
objections received within the specified period and may then pass a resolution
defining the said line, and the line so defined shall be called "the
regular line of the street".
Provided
that the general line so defined shall conform to the requirements of any rule
made in this behalf.
(4) Thereafter it shall not be lawful for any person to
erect, re-erect or alter a building or part of a building so as to project beyond
the regular line of the street, unless he is authorized to do so by sanction
granted under Section 165 or by permission in writing and the appropriate
authority is hereby empowered to grant such permission under this section.
(5) Any owner of land who is prevented by the
provisions of this section from erecting, re-erecting or altering any building
on any land may require the appropriate authority to make compensation for any
damage which he may sustain by reason of such prevention, and upon the payment
of compensation in respect of any land situated within the regular line of the
street such land shall vest in the appropriate authority.
(6) The appropriate authority may, by notice, require
the alteration or demolition of any building or part of a building erected,
re-erected or altered in contravention of subsection (4).
Section 192 - Duties of appropriate authority when constructing public streets, etc
(1) The appropriate authority shall, during the
construction or repair of a public street or of any water channel, drain or
premises vested in it, or whenever any public street, water channel drain or
premises vested in it has, for want or repair, or otherwise become unsafe for
use by the public, take all necessary precautions against accident by-
(a) shoring up and protecting adjacent buildings;
(b) fixing bars, chains or posts across or in any
street for the purpose of preventing or diverting traffic during such
construction or repair; and
(c) guarding and providing with such sufficient
lighting from sunset to sunrise any work in progress.
(2) Whoever, without the authority or consent of the
appropriate authority, in any way interferes with any arrangement of
construction made by the appropriate authority under sub-section (1) or
guarding against accident shall be liable on conviction to fine which may
extend to fifty rupees.
Section 193 - Power to require private water-course, etc. to be cleaned or closed
(1) The Kshettra Panchayat may, and when so required by
the Zila Panchayat shall, by notice, require the owner of, or the person having
control over a private water-course, spring, tank, well or other place, the
water of which is used for drinking, to keep and maintain the same in good
repair and to clean the same, from time to time, of silt, refuse or decaying
vegetation, and may also require him to protect the same from pollution in such
manner as the Kshettra Panchayat may think fit.
(2) When the water of any such water-course, spring,
tank, well or other place is proved to the satisfaction of the Zila Panchayat
or the Kshettra Panchayat to be unfit for drinking, the Zila Panchayat or the
Kshettra Panchayat may, by notice, require the owner or person having control
thereof to desist from so using such water or permitting other to so use it,
and if, after such notice, such water is used by any person for drinking, the
Zila Panchayat or the Kshettra Panchayat, as the case may be, may, by notice,
require the owner or person having control thereof to close such well, either
temporarily or permanently or to enclose or fence such water-course, spring,
tank, well or other place in such manner as it may direct so that the water
thereof may not be so used.
Section 194 - Emergent powers on outbreaks of epidemic
In
the event of the rural area of the district, or any part thereof, being visited
with an outbreak of cholera or other infectious disease notified in this behalf
by the State Government, the Adhyaksha of the Zila Panchayat or the Pramukh of
the Kshettra Panchayat, or any person authorized by any of them in this behalf,
may, during the continuance of the epidemic, without notice and at any time,
inspect and disinfect any well, tank or other place from which water is, or is
likely to be, taken for the purpose of drinking, and may further take such
steps as he deems fit to prevent the removal of water therefrom.
Section 195 - Removal of latrines, etc. near any source of water supply
The
Zila Panchayat or the Kshettra Panchayat may, by notice, require an owner or
occupier on whose land a drain, privy, latrine, urinal, cesspool or other
receptacle for fifth or refuse exists within fifty feet of a spring, well,
tank, reservoir or other source from which water is or may be derived for
public use, to remove or close the same within one week from the service of
such notice.
Section 196 - Unauthorized construction, etc. over drain of water work
(1) Where, on or after the commencement of this Act,
any street has been made or any building, wall or other structure has been
erected or any tree has been planted without the permission in writing of the
Zila Panchayat or as the case may be, of the Kshettra Panchayat over a public
drain or culvert or a waterwork vested in it, the Zila Panchayat or the
Kshettra Panchayat, as the case may be, may-
(a) by notice required the person who has made the
street, erected the structure or planted the tree, or the owner or occupier of
the land on which the street has been made, structure erected or tree planted,
to remove or deal in any other way the Zila Panchayat or the Kshettra
Panchayat, as the case may be, thinks fit with the street, structure or tree,
or
(b) itself remove or deal in any other way it thinks
fit with the street, structure or tree
(2) Any expense incurred by the Zila Panchayat or the
Kshettra Panchayat by action taken under clause (b) of sub-section (1) shall be
recoverable in the manner prescribed by Chapter VIII from the person by whom
the street was made, structure erected or tree planted.
Section 197 -
[***]
Section 198 - Power of District Magistrate in respect of animals [slaughtered for religious purpose][312]
Whenever
it appears to the District Magistrate to be necessary for the preservation of
the public peace or order, be may, subject to the control of the Commissioner
of the Division, prohibit or regulate, by public notice, the slaughter anywhere
within the rural area of animal or animals of any specified description for
purposes other than sale and prescribe the mode and route in and by which such
animals shall be brought to and meat shall be conveyed from the place of
slaughter.
Section 199 - Improper feeding of animals kept for dairy purposes or used for food
Whoever
in the rural area feeds, or allows to be fed an animal which is kept for dairy
purposes, or may be used for food, on filthy or deleterious substances, shall
be liable on conviction to a fine which may extend to fifty rupees.
Explanation
- Filthy or deleterious food shall mean such food as has been specified by an
authority and in the manner prescribed by rules to be filthy or deleterious
food.
Section 200 - Inspection of places for sale of food, drink and drugs
The
Adhyaksha, the Mukhya Adhikari, the Swasthya Adhikari, and if authorized in
this behalf by resolution, any other member, officer or servant of the Zila
Panchayat and similarly the Pramukh, the Khand Vikas Adhikari or any other
officer of the Kshettra Panchayat authorized in this behalf by the Khand Vikas
Adhikari may, without notice, at any period of the day or night enter into and
inspect a market, shop, stall or place used for the sale of food or drink for
man, or as a slaughter house, or for the sale of drugs, and inspect end examine
an article of food or drink or any animal or drug which may be therein.
Section 201 - Seizure of unwholesome articles and removal of deleterious and spent drugs
(1) If, in the course of the inspection of a place
under the preceding section, an article of food or drink or an animal appears
to be intended for the consumption of man and to be unfit therefore, the person
inspecting may seize and remove the same or may cause it to be destroyed, or to
be so disposed of as to prevent its being exposed for sale or use for such
consumption.
(2) If it is reasonably suspected that a drug has been
adulterated or by reason of age or the effect of climate has become inert or
unwholesome, or has otherwise become deteriorated in such manner as to lessen
its efficiency, or to change its operation, or the render it noxious, the
person inspecting may remove the same, giving a receipt therefore, and may
produce it before a Magistrate.
(3) If it appears to a Magistrate before whom a drug
has been produced under subsection (2) that the drug has been adulterated or
has become inert, unwholesome, or deteriorated as aforesaid, he may order the
same to be destroyed, or to be so disposed of as to him may seem fit, and if
any offence appears to have been committed he may proceed to take cognizance
thereof.
Section 202 - Regulation of offensive trades
(1) If it is shown to the satisfaction of a Zila
Panchayat that any building or place within the limits of the rural area which
any person uses or intends to use as a factory or other place of business for
the manufacture, storage, treatment or disposal of any article, by reason of
such use, or by reason of such intended use, occasions or is likely to occasion
a public nuisance, the Zila Panchayat may at its option require by notice the
owner or occupier of the building or place-
(a) to desist or refrain, as the case may be, from
using, or allowing to be used the building or place for such purpose; or
(b) only to use, or allow to be used, the building or
place for such purpose under such conditions or after such structural
alterations as the Zila Panchayat imposes or prescribes in the notice with the
object of rendering the use of the building or place for such purposes free
from objection.
(2) Whoever, after receiving a notice given under
sub-section (1) uses or allows to be used any building or place in
contravention of the notice shall be liable on conviction to a fine which may
extend to two hundred rupees and to a further fine which may extend to forty
rupees for every day on which he so uses or allows to be used the place or
building after the date of first conviction.
Section 203 - Neglect of the rules of the road
Whoever,
in driving, leading or propelling a vehicle along a street in the rural area,
fails, except in the case of actual necessity-
(a) to keep to the left; or
(b) when passing a vehicle going in the same direction,
to keep to the right of that vehicle.
Shall be liable on conviction to a fine which may
extend to ten rupees.
Explanation - This section shall not apply to the
District of Kumaun and Uttarakhand Divisions nor where the failure aforesaid
amounts to an offence punishable under Section 12 of the Motor Vehicles Act,
1939.
Section 204 - Power to search for inflammable materials in excess of authorized quantity
(1) The Kshettra Panchayat may, where it appears to be
necessary for the prevention of danger to life or property, by public notice
prohibit all persons from stocking or collecting, or stocking or collecting
beyond a specified quantity, wood, dry grass, straw or other inflammable
materials, or from placing mats or thatched huts or lighting fires in any
house, building place or within limits specified in the notice.
(2) Where dry wood, grass, straw or other inflammable
material is suspected to be stocked or collected in contravention of a
prohibition under sub-section (1), or in excess of the quantity permitted to be
kept in such house, building or place under the provisions of sub-section (1)
or of any bye-laws the Mukhya Adhikari or any officer or servant of the Zila
Panchayat authorized by the Mukhya Adhikari in this behalf may, without notice
and at any period of the day or night, enter into and inspect a house or
building or place.
(3) Should any quantity or excess quantity of such material
be discovered it may be seized and held subject to such order as a Magistrate
may pass with respect to it.
(4) If the Magistrate decides that the material seized
was stored in the house building or place contrary to any prohibition made
under sub-section (1) he may pass an order confiscating the same.
(5) Subject to any provisions of or made under, this or
any other enactment, the material so confiscated may be sold by order of the
Magistrate, and the proceeds, after defraying the expenses of such sale, shall
be credited to the Zila Nidhi.
Section 205 - Savings in respect of other proceedings
No
order of confiscation under Section 204 shall operate to prevent any other
criminal or civil proceedings to which the person storing, or collecting or
storing, or collecting the materials in excess of the permitted quantity may be
liable.
Section 206 - Displacing pavements, etc
(1) Whoever displaces, takes up or makes an alteration
in or otherwise interferes with, the pavement, gutter, flags or other materials
of a public street or the fences, walls or posts thereof, or other such Zila
Panchayat or Kshettra Panchayat property therein without the written consent of
the Zila Panchayat or the Kshettra Panchayat, as the case may be, or other
lawful authority, shall be liable on conviction to a fine which may extend to
one hundred rupees.
(2) Any expense incurred by the Zila Panchayat or the
Kshettra Panchayat by reason of the doing of any such thing as is mentioned in
sub-section (1) may be recovered from the offender in the manner provided by
Chapter VIII.
Section 207 - Discharging firearms, etc
Whoever
discharges firearms or lets off fireworks or fire-baloons, or engages in a
game, in such a manner as to cause, or to be likely to cause, danger to persons
passing by or dwelling or working the neighbourhood, or risk of injury to
property shall be liable on conviction to a fine which may extend to twenty
rupees.
Section 208 - Powers of the prevention of danger from ruinous buildings, unprotected wells, etc
(1) A Zila Panchayat may require by notice the owner or
occupier of any land or building-
(a) to demolish or to repair in such manner as it deems
necessary any building, wall, tank or other structure, or anything affixed
thereto, or to remove any tree, belonging to such owner or in the possession of
such occupier, which appears to the Zila Panchayat to be in a ruinous condition
or dangerous to persons or property; or
(b) to repair, protect or enclose, in such manner as to
deems necessary, any well, tank, reservoir, pool or excavation belonging to
such owner or in the possession of such occupier, which appears to the Zila
Panchayat to be dangerous by reason of its situation, want of repair or other
such circumstances.
(2) Where its appears to the Zila Panchayat that
immediate action is necessary for the purpose of preventing imminent danger to
any person or property, it shall be the duty of the Zila Panchayat itself to
take such immediate action, and in such case, notwithstanding the provisions of
Section 222, it shall not be necessary for the Zila Panchayat to give notice,
if it appears to the Zila Panchayat that the object of taking such immediate
action would be defeated by the delay incurred in giving notice.
Section 209 - Obstruction of street
(1) Whoever without the written permission of the Zila
Panchayat-
(a) causes or allows any vehicle, with or without an
animal harnessed thereto, to remain or stand so as to cause obstruction in any
public street in a controlled rural area longer than may be necessary for
loading or unloading or for taking up or setting down passengers;
(b) leaves or fastens any vehicle or animal so as to
cause obstruction in any such street; or
(c) exposes any article for sale, whether upon a stall
or booth or in any other manner, so as to cause obstruction in any such street;
or
(d) deposits, or suffers to be deposited any building
materials, box, bale, package or merchandise in any such street; or
(e) erects or sets up any fence, rail, post, stall or
any scaffolding or any other such fixture in any such street; or
(f) in any manner willfully obstructs or causes
obstruction to the free passage of any such street.
shall be liable conviction to a fine which may
extend to fifty rupees.
(2) The Zila Panchayat shall have power to remove any
obstruction referred to in sub-section (1) and the expenses of such removal
shall be recoverable from the offender in the manner provided by Chapter VIII.
(3) The power exercisable by a Zila Panchayat under
sub-section (2) to remove obstructions from streets, shall also be exerciseable
for the removal by the Zila Panchayat of obstructions from any open space,
whether vested in the Zila Panchayat or not, which is not private property.
(4) Nothing contained in this section shall apply to
any obstruction of a street permitted by the Zila Panchayat under any section of
this Act or any rule or bye-law made or licence granted thereunder.
Section 210 - Latrines for factories, schools and places of public resort
The
Zila Panchayat may require by notice any person employing more than twenty
workmen or labourers or owning, managing or having control of a market, school
or theatre or other place of public resort to provide such latrines and urinals
as it may deem fit, and to cause the same to be kept in proper order and to be
daily cleaned.
Provided
that nothing in this section shall apply to a factory regulated by the
Factories Act, 1948 (Act LXIII of 1948).
Section 211 - Power to require removal of nuisance arising from tanks, etc
The
Zila Panchayat may by notice require the owner or occupier of any land or
building to cleanse, repair, cover, fill up or drain off a private well, tank,
reservoir, pool, depression or excavation therein which may appear to the Zila
Panchayat to be injurious to health or offensive to the neighbourhood.
Provided
that the owner or occupier may require the Zila Panchayat to acquire at its
expense, or otherwise provide, any land or rights in land necessary for the
purpose of effecting drainage ordered under the foregoing provisions.
Section 212 - Cleaning filthy land
Should
any land be in filthy or unwholesome state the Zila Panchayat may, by notice,
require the owner thereof to cleanse, or otherwise put in a proper state, the
land and thereafter to keep the same in a clean and proper state.
Section 213 - Regulation of the disposal of rubbish, night-soil, etc
(1) The Zila Panchayat may in any controlled rural
area-
(a) provide receptacles and places for the temporary
deposit of offensive matter and rubbish;
(b) appoint places for the disposal of night-soil, and
other offensive matter and rubbish; and
(c) by public notice issue directions as to the time,
manner and conditions at, in and subject to which any offensive matter or
rubbish referred to in clauses (a) and (b) may be removed along a street,
deposited or otherwise disposed of.
(2) It shall be sufficient notice of the appointment of
a place under clause (b) of sub-section (1) that a notice board indicating such
appointment is displayed on or near the place appointed.
Section 214 - Penalty for improper disposal of rubbish, night-soil, etc
The
occupier of any building or land from which any offensive matter, rubbish, or
night-soil is thrown or deposited on any part of a public drain, or into any
drain communicating with a public drain, otherwise than in a place appointed
under clause (b) or in a receptacle or place provided under clause (a) of
sub-section (1) of section 213, and any person contravening any direction of a
Zila Panchayat issued under clause (c) of the said sub-section shall be liable,
upon conviction, to a fine not exceeding twenty rupees.
Section 215 - Penalty for discharging sewage on public street, etc
In
specified areas, whenever the water of a sink, sewer or cesspool, or any other
offensive matter is allowed to flow, drain or be put upon a public street or
place, or into a sewer or drain not set apart for the purpose without the
permission in writing of the Zila Panchayat or in contravention of any
condition prescribed in such permission, the owner or occupier of the land or
buildings from which such water or offensive matter flows, drains or is put,
shall be liable upon conviction, to a fine which may extend to twenty rupees.
Section 216 - Building unfit for human habitation
(1) In a controlled rural area, should a building, or a
room in a building, be in the opinion of the Zila Panchayat unfit for human
habitation in consequence of the want of proper means of drainage or
ventilation or otherwise, the Zila Panchayat may, by notice, prohibit the owner
or occupier thereof from using the building or room for human habitation or
suffering it to be so used either absolutely or unless, with a time to the
specified in the notice, he effects such alteration therein as is prescribed in
the notice.
(2) Upon failure of a person to whom notice is issued
under sub-section (1) to comply therewith, it shall be lawful for he Zila
Panchayat to require by further notice the demolition of the building or room.
Section 217 - Penalty for acts done by persons suffering from certain disorders
Whoever,
while suffering from an infections, contagious or loathsome disorder-
(a) makes or offers for sale an article of food or
drink for human consumption or a medicine or drug; or
(b) willfully touches any such article, medicine or
drug when exposed for sale by others; or
(c) takes any part in the business of washing or
carrying soiled clothes, shall be liable upon conviction to a fine which may
extend to twenty rupees.
Section 218 - Prohibition of cultivation, use of manure, or irrigation injuries to health
If
the Director of Medical and Health Services certifies that the cultivation of
any description of crops or the use of any kind of manure or the irrigation of
land ion any specified manner-
(a) in a place within the limits of a rural area is
injurious or facilitates practices which are injurious to the health of person
dwelling in the neighbourhood; or
(b) in a specified place within the rural area is
likely to contaminate the water supply of such specified place or otherwise
render it unfit for drinking purposes.
The Zila Panchayat may by public notice prohibit
the cultivation of such crop, the use of such manure or the use of the method
of irrigation so reported to be injurious, or impose such conditions with
respect thereto as may prevent the injury or contamination.
Provided
that when on any land in respect of which such notice is issued, the act prohibited
has been practiced in the ordinary course of husbandry for the five successive
years next preceding the date of prohibition compensation shall be paid from
the Zila Nidhi to all persons interested therein for damage caused to them by
such prohibition.
Section 219 - Power to require owners to clear away noxious vegetation
The
Zila Panchayat may, by notice, require the owner or occupier of any land to
clear away and remove any vegetation or undergrowth which may be injurious to
health or offensive to the neighbourhood.
Section 220 - Power to require excavation to be filled up or drained
In
a rural area for which bye-laws have been made under sub-head (d) of heading
"G" of sub-section (2) of Section 239 the Zila Panchayat may, by
notice, require the owner or occupier of any land upon which an excavation,
cesspool, tank or put had been made in contravention of such bye-laws, or in
breach of the condition under which permission to dig any such excavation,
cesspool, tank or pit has been granted, to fill up or drain the excavation,
cesspool, tank or pit within a period to be specified in such notice.
Section 221 - Power in respect of burial and burning ground
(1) The Zila Panchayat may, by public notice, order a
burial or burning ground which is certified by the civil surgeon or Swasthya
Adhikari to be dangerous, likely to be dangerous, to the health of persons
living in the neighbourhood to be closed from a date to be specified in the
notice, and shall, in such case, if no suitable place for burial or burning exists
within a reasonable distance, provide a fitting place for the purpose.
(2) Private burial places in such burial grounds may be
expected from the notice, subject to such conditions as the Zila Panchayat may
impose in this behalf;
Provided
that the limits of such burial places are sufficiently defined, and that they
shall be used only for burial of members of the family of the owners thereof.
(3) No new burial or burning ground whether public or
private, shall be made or formed without the permission in writing of the Zila
Panchayat.
(4) No person shall, except with the permission of the
Zila Panchayat in writing bury or burn, or cause to be buried or burnt, a
corpse in a burial or burning ground closed under sub-section (1) or made or
formed in contravention of the provisions of subsection (3).
(5) Should a person bury or burn, or cause or permit to
be buried or burnt, a corpse contrary to the provisions of this section, he
shall be liable upon conviction to a fine which may extend to fifty rupees.
Section 222 - Power of inspection
The
Adhyaksha, the Mukhya Adhikari and if authorized in this behalf by resolution
any other member, officer or servant of the Zila Panchayat and similarly the
Pramukh, the Khand Vikas Adhikari or any other officer of the Kshettra Panchayat
authorized in this behalf by the Khand Vikas Adhikari may enter into or upon a
building or land with or without assistants or workmen, in order to make an
inspection or survey or to execute a work which the Zila Panchayat or, as the
case may be, the Kshettra Panchayat is authorized by this Act or by rules or
bye-laws, to make or execute, or which it is necessary for the Zila Panchayat
or the Kshettra 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 in rules or
bye-laws otherwise expressly provided, no entry shall be made between sunset
and sunrise; and
(b) except when it is in this Act or in rules or
bye-laws otherwise expressly provided, no building which is used as a human
dwelling shall be so entered, except with the consent of the occupier thereof,
without giving the said occupier not less than four hour's previous written
notice of the intention to make such entry; and
(c) sufficient notice shall in every instance be given
even when any premises may otherwise be entered without notice to enable the
immates of an apartment appropriated for females to remove to some part of the
premises where there privacy need not be disturbed; and
(d) due regard shall always be had to the social and
religious usages of the occupants of the premises entered.
Section 223 - Power of effecting entry
It
shall be lawful for a person authorized under the provisions of Section 222 to
make an entry for the purpose of inspection, or of search, to open or, cause to
be opened a door, gate or other barrier-
(a) if he considers the opening thereof necessary for
the purpose of such entry, inspection or search; and
(b) if the owner or occupier is absent, or being
present, refuses to open such door, gate or barrier.
Section 224 - penalty for obstructing persons employed by Zila Panchayat or Kshettra Panchayat
Whoever
obstructs or molests a person employed by or under contract with, the Zila
Panchayat or a Kshettra Panchayat under this Act in the performance of his duty
or in the fulfillment of his contract, or removes a mark set up for the purpose
of indicating any levels or direction necessary to the execution of works
authorized by this Act, shall be liable to conviction to imprisonment upto to
three months or fine up to five hundred rupees or both.
Section 225 - Powers of inspections, etc. of prescribed authority or District Magistrate over Parishad
(1) The prescribed authority or the District Magistrate
may, with the limits of its or his jurisdiction or district, as the case may
be-
(a) inspect, or cause to be inspected, any movable
property used or occupied by a Zila Panchayat or any Committee or joint
Committee thereof, or any work in progress under this direction of any of them;
(b) by order in writing call for and inspect a book or
documents in the possession or under the control of a Zila Panchayat or any
Committee or joint Committee thereof;
(c) by order in writing require a Zila Panchayat, or
any Committee or joint Committee thereof to furnish such statements, accounts,
reports (including monthly reports of progress) or copies of documents,
relating to its proceedings or duties as he thinks fir to call for; and
(d) record in writing, for the consideration of Zila
Panchayat, or any Committee or joint Committee thereof any observations he
thinks proper in regard to its proceedings or duties.
(2) Every officer appointed by the State Government in
this behalf may, within the limits of his jurisdiction, exercise, the powers
conferred upon the prescribed authority or District Magistrate by sub-section
(1) in respect of any matter affecting his department and may inspect or cause
to be inspected, the administration of a Zila Panchayat in respect of such
matters.
Section 226 - Certain other powers and duties of District Magistrate
(1) The District Magistrate may, from time to time,
call after reasonable notice, a meeting of himself, the Adhyaksha and the
Mukhya Adhikari and if considered necessary also the Vitta Adhikari, to discuss
matters relating to expenditure from the budget grant of the Zila Panchayat
relating to planning and development.
(2) The District Magistrate shall furnish quarterly
report to the State Government about the progress of development work.
Section 227 - Inspection of works and institutions by Government officers
A
work, or institution, constructed or maintained in whole or part, at the
expense of a Zila Panchayat, and all registered, books, accounts or documents
relating thereto shall at all times be opened to inspection by such officers as
the State Government appoints in this behalf.
Section 228 - Powers to prescribed authority to suspended action under the Act
(1) The prescribed authority may, within the limits of
its jurisdiction by order in writing, prohibits the execution or further
execution of a resolution or order passed or made under this or any other
enactment by a Zila Panchayat, or Committee of a Zila Panchayat, or a joint
Committee, or servant of a Zila Panchayat or a Committee, if in its opinion
such resolution or order is patently illegal or ultra vires or inconsistent
with any order or direction given by the State Government under this Act or is
of a nature to cause or tend to cause obstruction, annoyance or injury to the
public or to any class or body or persons lawfully employed, or danger to human
life, health or safety, or a riot or affray and may prohibit the doing or
continuance by any person of any act in pursuance of or under cover of such
resolution or order.
(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 to the State Government which may, after
calling for a explanation from the Zila Panchayat 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 Zila Panchayat or the
Committee of the Zila Panchayat or the joint committee or any officer or
servant of the Zila Panchayat or of the Committee of the Zila Panchayat or of
the joint committee, if so required by the authority making the order under the
said subsection, 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.
Section 229 - Extraordinary powers of District Magistrate in case of emergency
(1) In case of emergency the District Magistrate may
provide for the execution of any work, or the doing of any act which the Zila
Panchayat or Committee or joint Committee thereof is empowered to execute or
do, and the immediate execution or doing of which is, in his opinion, necessary
for the safety or protection of the public, and may direct the expenses of
executing the work or doing the act shall be forthwith paid by the Zila
Panchayat.
(2) If the expense is not so paid the District
magistrate may make an order directing the person having the custody of the
Zila Nidhi to pay the expenses from such fund and such person shall act upon
such direction.
(3) The District magistrate shall forthwith report to
the Zila Panchayat and the prescribed authority every case in whish he uses the
powers conferred on him by this section.
Section 230 - Powers of State Government in case of default of Zila Panchayat
(1) If any time, upon representation made or otherwise,
it appears to the State Government that a Zila Panchayat, or joint committee,
or other Committee of the Zila 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 that duty is not performed with the period so
fixed, the State Government, may appoint the District magistrate, or any other
person to perform it and may direct that the expense, if any, of performing the
duty shall be paid, within such time as may be fixed by the District Magistrate
or any other person authorized by the State Government in this behalf, by the
Zila Panchayat.
(3) If the expenses is not so paid, the District Magistrate
or any, other person authorized by the State Government in this behalf with the
previous sanction of the State Government, may, make an order directing the
person having the custody of the Zila Nidhi to pay the expenses from such fund.
Section 231 - Removal of members
(1) The State Government may remove a member of the
Zila Panchayat on any of the following grounds:
(a) that he has acted as a member of the Zila Panchayat
or member of any Committee by voting or taking part in the discussion of any
matter in which he has directly or indirectly, a personal interest or in which
he is professionally interested on behalf of a client, principal or other
person;
(b) that he has become physically or mentally
incapacitated for performing his duties as such member;
(c) that he has been guilty, whether in his present or
an earlier term of office within five years, of misconduct in the discharge of
his duty as such member or has contravened any of the provisions of this Act or
caused loss or damage to the fund or property of the Zila Panchayat and such
misconduct, contravention or causing of loss or damage renders him unfit, in
the opinion of the State Government, to continue to be a member.
Provided
that no order of removal shall be made by the State Government under this section
unless the member concerned has been given a reasonable opportunity of showing
cause why such order shall not be made.
[(cc) That he has taken the benefit of reservation
under Section 18-A on the basis of a false declaration subscribed by him stating
that he is a member of the Scheduled Castes, the Scheduled Tribes or the
backward classes, as the case may be, or
(ccc) that he suffers from any of the
disqualifications referred to in Section 26.]
(2) The removal shall be made by notification in the
Gazette and shall become effective from the date of publication of such
notification.
(3) Notwithstanding anything in any other enactment,
where a member specified in [clause (a)] of
sub-section (1) of Section 18 is removed from membership under this section he shall
with effect from the date of publication of notification of removal under
sub-section (2), cease to hold the office of Pramukh [x x x],
and a vacancy shall be deemed to have been created in that office.
(4) [x x x]
(5) A person who has been removed from membership of
the Zila Panchayat under clause (a) or clause (c) of sub-section (1) shall be
disqualified for being chosen [x x x],
[x x x], a member of the Zila
Panchayat and being elected a Pramukh of Kshettra Panchayat [x x x],
for a period of five years from the date of his removal.
Provided
that the State Government may, at any time by order, remove the
disqualification.
Section 232 - Power of State Government to dissolve [320] [x x x] the Zila Panchayat
If
at any time, upon representation made, or otherwise, it appears to the State
Government that a Zila Panchayat makes default in the performance of any duty
imposed on it by or under this or any other enactment, or exceeds or abuses its
powers, the State Government may, after calling for an explanation from the
Zila Panchayat and considering any objection made by it to action being taken
under this section, and upon being satisfied that resort to such action is
desirable by an order, with the reasons for making it published in the Gazette,
[dissolve the Zila Panchayat].
Section 233 - Consequence of dissolution of Zila Panchayat
Where
a Zila Panchayat is dissolved under Section 232, the following consequences
shall follow-
(a) all members of the Zila Panchayat including the
Adhyaksha shall, on a date to be specified in the order, vacate their offices
as such but without prejudice to their [eligibility for being elected as a
member or as an Adhyaksha],
under this Act;
(b) as soon as may be, thereafter, [the Zila Panchayat
shall be reconstituted in accordance with the provisions of the Act];
and
(c) such person or persons as the State Government may
appoint in that behalf shall so long as the Zila Panchayat is not reconstituted
exercise and perform, so far as may be, the powers and duties of the Zila
Panchayat and shall be deemed to be the Zila Panchayat for all purposes.
Section 234 - [Omitted]
[***]
Section 235 - [Omitted]
[***]
Section 236 - External control over Kshettra Panchayat
(1) The provisions of [Section 225 to 233],
shall as far as may be, apply to Kshettra Panchayat as if the expressions
"Zila Panchayat", "Adhyaksha", "Mukhya Adhikari"
and "Zila Nidhi" had been substituted by the expression
"Kshettra Panchayat", "Pramukh", "Khand Vikas
Adhikari" and "Kshettra Nidhi".
Provided
that the District Magistrate may delegate any or all of his powers under the
said sections to a Sub-Divisional Officer exercising jurisdiction within the
whole or part the Khand.
(2) to (4) [x x x]
Section 237 - Power of State Government to make rules
(1) The State Government [may by notification in the
Gazette make rules],
consistent with this Act in respect of any matter or matters for which the
power of making rules is expressly or by implication conferred by this Act, and
may also make rules which are otherwise requisite for carrying out the purposes
of this Act.
(2) Any rule made under sub-section (1) may be general
for all Zila Panchayat or all Kshettra Panchayats or special for any one or
more Zila Panchayats or Kshettra Panchayats to be specified [x x x].
(3) All rules made under this Act shall, as soon as may
be after they are made be laid before each House of the State Legislature while
it is in session for a total period of thirty days extending in its one session
or more than one successive sessions, and shall, unless some later date is
appointed, take effect from the date of their publication in the Gazette,
subject to such modifications or annulments as the two Houses of the State
Legislature may during the said period agree to make so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done thereunder.]
Section 238 - Power to make regulations as to conduct of business etc
(1) A Zila Panchayat may, by special resolution, make
regulations consistent with this Act and with any rule, and with any regulation
made by the State Government under sub-section (2) as to all or any of the
following matters:
(a) the time and place of its meetings;
(b) the matter of convening meetings, and of giving
notice thereof;
(c) the conduct of proceedings, including the asking of
questions by members at meetings, and the adjournment of meetings;
(d) the establishment of Committees other than advisory
Committees, for any purpose, and the determination of all matters relating to
the constitution and procedure of such Committees;
(e) the delegation of powers, duties or functions to-
(i) Adhyaksha of the Zila Panchayat or Pramukh of
Kshettra Panchayat,
(ii) a Committee constituted under clause (d);
(iii) a Chairman of such Committee;
(iv) the Mukhya Adhikari or any other servant of the
Zila Panchayat;
(f) the absentee or other allowances of the servants
employed by a Zila Panchayat including the servants placed at the disposal of
the Kshettra Panchayats;
(g) the amount and nature of the security to be
furnished by a servant of a Zila Panchayat including a servant placed at the
disposal of any Kshettra Panchayat from whom it is deemed expedient to require
security;
(h) the grant of levy to servants of a Zila Panchayat,
and the remuneration to be paid to the persons, if any, appointed to act for
them whilst on leave;
(i) the conditions of service, including period of
service of all servants of a Zila Panchayat including servants placed at the
disposal of any Kshettra Panchayat and the conditions under which such
servants, or any of them shall receive gratuities, annuities or compassionate
allowances on retirement or on their becoming disabled through the execution of
their duty, and the amount of such gratuities, annuities or compassionate
allowances; and the conditions under which any gratuities, annuities or
compassionate allowances may be paid to the surviving relatives of any such
servants whose death has been caused through the execution of their duty;
(j) the payment of contributions, at such rates and
subject to such conditions as may be prescribed in such regulations, to a
pension or provident fund established by the Zila Panchayat, or with the
approval of the Zila Panchayat by the said servants;
(k) principles and manners of recruitment in respect of
the servants of the Zila Panchayats including servants placed at the disposal
of any Kshettra Panchayat;
(l) procedure to be followed in making papers available
to the Vitta Adhikari for audit and the action to be taken upon observations
made by him;
(m) procedure to be followed in filling casual vacancies
of officers and servants;
(n) manner in which the functions transferred to Zila
Panchayat under subsection (2) of Section 31 shall be performed.
Provided
that the regulations framed in the foregoing clause shall be in conformity with
any general or special orders of instructions issued by the State Government;
(o) the conditions to which sums due to a Zila
Panchayat or a Kshettra Panchayat may be written off as irrecoverable, and the
conditions subject to which the whole or any part of a fee chargeable for
distress, may be remitted;
(p) all matters similar to those set forth in clauses
(e) to (o) or in respect of which power to make regulations is conferred
expressly or by implication in this Act and not otherwise provided for in this
sub-section; and
(q) all matters similar to those set forth in clauses
(a) to (d) and not otherwise provided for in this sub-section.
(2) The State Government may, if it thinks fit, make
regulations consistent with this Act, in respect of any of the matters
specified in clauses (e) to (m) and (o) to (q) of sub-section (1), and any
regulation so made shall have the effect or rescinding any regulation made by
the Zila Panchayat under the said sub-section in respect of the same matter or
inconsistent therewith.
Section 239 - Powers of Zila Panchayat to make bye-laws
(1) A Zila Panchayat may, and where required by the
State Government shall, make bye-laws for its own purposes and for the purposes
of Kshettra Panchayats, applicable to the whole or any part of the rural area
of the district, consistent with this Act and with any rule, in respect of
maters required by this Acts to be governed by bye-laws and for the purposes of
promoting or maintaining the health, safety and convenience of the inhabitants
of the rural area of the district and for the furtherance of the administration
of this Act in the Khand and the district.
(2) In particular and without prejudice to the
generality of the power conferred by sub-section (1), a Zila Panchayat may, in
the exercise of the said power, make any bye-laws described in the list below:
A-Building
(a) Declaring with reference to clause (d) of
sub-section (2) of Section 164 and alteration of any specific description to be
a "material alteration";
(b) Prescribing that, on payment of fees in accordance
with such scale as is specified in this behalf, plans and specifications shall
be obtainable from the Kshettra Panchayat;
(c) Fixing with reference to Section 166 the period for
which a sanction shall remain in force;
(d) Prescribing the type and description of building
which may or may not land the purpose for which a building may or may not be
erected in any prescribed area or areas within a controlled rural area;
(e) Prescribing the circumstances in which a temple
mosque, church or other sacred building may or may not be erected, re-erected
or altered in a controlled rural area;
(f) Prescribing with reference to the erection,
re-erection or alteration of buildings, or any class of buildings, all or any
of the following matters-
(i) the materials and method of construction to be uses
for external and party walls, roofs and floor;
(ii) the position and the materials to be used in and
method of construction of fire-places, chimneys, drains, latrines, privies,
urinals and cesspools;
(iii) the height and slope of the roof above the
upper-most floor upon which human beings are to live or cooking operations are
to be carried on;
(iv) the ventilation and space to be left about the
building to secure free circulation of air and to facilitate scavenging and for
prevention of fire;
(v) the level and width of foundation, level of lowest
floor and stability of structure;
(vi) the number and height of storeys of which the
building may consist;
(vii) the means to be provided for egress from the
building in case of fire;
(viii) any other matter affecting the ventilation or
sanitation of building; and
(ix) the conditions subject to which sanction for the
construction or alteration of a well may be refused or granted, with a view to
prevent pollution of water or danger to any person using the well;
(g) regulating, in any manner not specifically provided
for in this Act, the erection of any enclosure, wall fence, tent, awning, or
other structure, of whatsoever kind or nature, on any land within a controlled
rural area.
B-Drains, privies,
cesspools, etc.
(a) Regulating in any manner not specifically provided
for in this Act, the construction, alteration, maintenance, reservation,
cleansing and repair of drains, ventilation shafts and pipes, water closets.
Privies, latrines, urinals, cesspools and other drainage works;
(b) regulating or prohibiting the discharge into
drains, or deposit therein, of sewage, sullage, polluted water and other
offensive or obstructive matter.
C-Streets
(a) Determining the information and plans to be
furnished to the Kshettra Panchayat under Section 176;
(b) permitting, prohibiting or regulating the use or
occupation of any or all public streets or places by itinerant vendors or by
any person for the sale of articles, or for the exercise of any calling or for
the setting up of any board or stall and providing for the levy of fees for such
use or occupation; and
(c) regulating the conditions on which permission may
be given by the Kshettra Panchayat under Section 181 for projections over
streets and drains and by the Zila Panchayat under Section 209 for the
temporary occupation of streets.
D-Markets,
slaughter-houses, sale of food etc.
(a) Prohibiting the use of any place as a
slaughter-house, or as a market or shop for the sale of animals intended for
human food or of meat, or of fish, in default of a licence granted by Kshettra
Panchayat or otherwise than in accordance with the conditions of a licence so
granted;
(b) prescribing the conditions subject to which and the
circumstances in which, and the areas or localities in respect of which
licences for such use may be granted, refused, suspended or withdrawn;
(c) providing for the inspection of, and regulation of
the conduct of business, in a place used as aforesaid, so as to secure
cleanliness therein or to minimize any injurious, offensive or dangerous effect
arising or likely to arise therefrom;
(d) providing for the establishment, and for the
regulation and inspection of markets and slaughter-houses, or livery stables,
of encamping grounds, of sarais, of flour mills, of bakeries, of places for the
manufacture, preparation or sale of specified article of food or drink, or for
keeping or exhibiting animals for sale or hire or animals of which the produce
is sold, and of places of public entertainment or resort, and for the proper
and cleanly conduct of business therein; and
(e) prescribing the conditions subject to which, the
circumstances in which, and the areas or locality in respect of which, licences
for the purposes of sub-head (d) may be granted, refused, suspended or
withdrawn, and fixing the fees payable for such licences, and prohibiting the
establishment of business places, mentioned in sub-head (d) in default of
licence granted by the Kshettra Panchayat or otherwise than in accordance with
the conditions of a licence so granted.
E-Offensive trades
(a) Except where and so far as is inconsistent with anything
contained in the Petroleum Act, 1934 (Act XXX of 1934), or in rules made
thereunder, prohibiting the use of any place, in default of a licence granted
by the Zila Panchayat or otherwise than in accordance with the conditions of
licence so granted, as a factory or other places of business-
(i) for
boiling and storing offal, blood, bones, guts or rags;
(ii) for
manufacture of leather or leather goods;
(iii) for
melting tallow or sulphur;
(iv) for burning or baking bricks, tiles, pottery
or lime;
(v) for soap-making;
(vi) for oil-boiling;
(vii) for
storing hay, straw, thatching grass, wood, coal or other dangerously
inflammable material;
(viii) for
storing petroleum or any inflammable oil or spirit;
(ix) for storing and pressing cotton and cotton
refuse;
(x) for
any other purpose if such use is likely to cause a public nuisance or involve
risk of fire;
(b) prescribing (but not so as to derogate from any
power conferred on a Zila Panchayat by Section 202), the circumstances in which
and the areas or localities in respect of which licences may be granted,
refused, suspended or withdrawn; and
(c) providing for the inspection and regulation of the
conduct of business in a place used as aforesaid, so as to secure cleanliness
therein or to minimize any injuries, offensive, or dangerous effect arising or
likely to arise therefrom.
F-Public Safety and
convenience
(a) [x x x]
(b) imposing the obligation of taking out licences on
the proprietors or drivers of vehicles (other than motor vehicles), boats or
animals kept or plying for hire, or on persons hiring themselves out for the
purpose of carrying loads within the limits of the rural area of the district,
and fixing the fees payable for such licences and the conditions on which they
are to be granted and may be revoked.
(c) fixing and regulating the use of place at which
boats may be moored, loaded and unloaded, and prohibiting the mooring, loading
and unloading of boats except at such places as may be prescribed by the Zila Panchayat;
(d) providing for the seizure and confiscation of
ownerless animals straying within the limits of the rural area of the district;
(e) prohibiting or regulating, with a view to promoting
the public safety or convenience, any act which occasions or is likely to
occasion a public nuisance and for the prohibition or regulation of which no
prohibition is made under this heading;
(f) promoting and regulating supply of drinking water.
G-Sanitation and
prevention of disease
(a) Controlling and regulating the use and management
of burial and burning grounds and fixing the fees to be charged where such
grounds have been provided by the Zila Panchayat, and prescribing or
prohibiting routes for the removal of corpses to burial or burning grounds;
(b) regulating sanitation and conservancy;
(c) providing, in default of a bye-law made under the
proceeding sub-heads, for the registration and inspection of lodging houses,
the prevention of over-crowding, prescribing the notices to be given in the
case of any infection or contagious disease breaking out therein and generally
for the proper regulation of lodging houses;
(d) prohibiting or regulating, with a view to
sanitation or the prevention of disease, any act which occasion, or which is
likely to occasion, a public nuisance and for the prohibition or regulation of
which no provision is made under this heading.
H-Miscellaneous
(a) Prohibiting or regulating any act which occasions
or is likely to occasion a public nuisance, for the prohibition or regulation
of which not provision is made elsewhere by or under this Act;
(b) providing for the registration of births, deaths
and marriages, and the taking of census within the rural area and for the
compulsory supply of such information as may be necessary to make such
registration or census effective;
(c) for the protection from injury or interference of
anything within the rural area being the property of Government or of the Zila
Panchayat or a Kshettra Panchayat or being under the control of the Zila
Panchayat or a Kshettra Panchayat;
(d) providing for the holding of fairs and industrial
exhibitions within the rural area of the district and under the control of Zila
Panchayat or the Kshettra Panchayat, and fixing the fees to be levied thereat;
(e) requiring and regulating the appointment by owners
of buildings and lands in the rural area of the district of persons residing
within or near the said area to act as their agents for all or any of the
purposes of this Act or of any rule or bye-law;
(f) specifying the records and documents belonging to,
or in possession of, the Zila Panchayat or the Kshettra Panchayat of which
inspection may be made or copies given; and the charges to be levied for
inspection or copies of such records and documents; and regulating inspection
and the giving of copies;
(g) providing for the granting of licences for the sale
and for the dispensing of medicinal drugs;
(h) providing for the registration and control of
midwives and data publicly practicing their profession;
(i) providing for the establishment, maintenance of
maternity centers and child welfare clinics;
(j) providing for establishment, maintenance and
grant-in-aid to institutions of physical culture;
(k) regulating poor houses, orphanages, libraries,
asylums, veterinary hospitals, markets, inspection houses, public parks and
gardens and other public institutions;
(l) regulating fairs, cattle markets, agricultural
shows and industrial exhibitions held under the authority of a Zila Panchayat
or a Kshettra Panchayat, or otherwise, to which the public is allowed to
access;
(m) prohibiting the obstruction of any streams,
channels, or drains under the control of the Zila Panchayat or a Kshettra
Panchayat and providing for the removal of any such obstruction;
(n) for removing, demolishing or securing dangerous
buildings, trees or places;
(o) providing for the destruction of unclaimed,
diseased or rabid dogs and noxious animals;
(p) prescribing conditions for the inspection of the
minute books of the Zila Panchayat or a Kshettra Panchayat and assessment lists
of the Zila Panchayat; and
(q) prohibiting the discharge of the water of any sink,
drain, steam engine or boiler, or of any filthy, offensive or injurious matter
into any river, tank or other source of water supply, or into any specified
portion thereof ordinarily used for drinking or bathing purposes.
Section 240 - Infringement of rules and bye-laws
In
making a rule the State Government, and in making a by-law the Zila Panchayat
with the sanction of the Prescribed Authority may direct that a breach of it
shall be punishable with fine which may extend to [one thousand rupees] and,
when the breach is a continuing breach with a further fine which may extend to
[fifty rupees],
for every day after the first conviction during which the offender is proved to
have persisted in the offence, or, in default of the fine, with an imprisonment
which may extend to three months.
Section 241 - Previous publication, of regulations etc. made by State Government
(1) The power of the State Government to make
regulations under this chapter is subject to the condition of the regulations
being made after previous publication and of their not taking effect until they
have been published in the Gazette.
(2) Any regulation made by the State Government may be
general for all divisions or districts or for all divisions or districts not
expressly excepted from its operation, or my be special for the whole or any
part of any one or more than one division or district as the State Government
directs.
Section 242 - Confirmation, etc. of regulations and bye-laws made by the Zila Panchayat
(1) The power of a Zila Panchayat to make regulations
under clauses (e) to (q) of sub-section (1) of Section 238 shall be subject to
the condition of the regulations not taking effect until they have been
confirmed by the State Government.
(2) The power of a Zila Panchayat to make bye-laws
shall be subject to the conditions of the bye-laws being made after previous
publication and of their not taking effect until they have been confirmed by
the prescribed authority and published in the Gazette.
(3) The prescribed authority in confirming a bye-law,
or the State Government in confirming a regulation, may make any change in its
form that appears necessary.
(4) No alteration or rescission of a regulation made
under clauses (e) to (q) of subsection (1) of Section 238 shall have effect
unless and until it has been confirmed by the State Government and likewise to
alteration or rescission of a bye-law by a Zila Panchayat shall have effect
unless and until it has been confirmed by the prescribed authority.
(5) The State Government may, after previous
publication of its intention, rescind any regulation or the prescribed
authority may similarly rescind any bye-law, which it has confirmed, and
thereupon, the regulation or bye-law shall cease to have effect.
Section 243 - Fixation of reasonable time for compliance
Where
any notice issued under any section of this Act or under any rule or bye-laws
requires an act to be done, for which no time is fixed by such section or rule
or bye-law, the notice shall specify a reasonable time for doing the same; and
it shall rest with the Court to determine whether the time so specified was a
reasonable time within the meaning of this section.
Section 244 - Service of notice
(1) Every notice or bill issued or prepared under any
section of this Act or under any rule or bye-law shall, unless it is in such
section or rule or bye-law otherwise expressly provided, be served or
presented-
(a) by giving or tendering the notice or bill, or
sending it by post, to the person to whim it is addressed; or
(b) if such person is not found, then by leaving the
notice or bill at his last known place of abode, if within the jurisdiction of
the Zila Panchayat or the concerned Kshettra Panchayat, as the case may be, or
by giving or tendering notice or bill to some adult make member or servant of
his family, or by causing the notice or bill to be fixed on some conspicuous
part of he building or land, if any, to which the notice or bill relates.
(2) When a notice under this Act or under a rule or a
bye-law is required or permitted by or under this Act, or under a rule or a
bye-law to be served upon and owner or occupier of a building or land, the
service thereof, in cases not otherwise specially provided for in this Act,
shall be effected either-
(a) by giving or tendering the notice or sending it by
post, to the owner or occupier, or if there be more owners or occupiers than
one, to any one of them; or
(b) if no such owner or occupier is found, then by
giving or tendering the notice to an adult make member or servant of his
family, or causing the notice to be fixed on some conspicuous part of the
building or land to which the same relates.
(3) Whenever the person on whom a notice or bill is to
be served is a minor, service upon an adult make member of his family shall be
deemed to be service upon the minor.
Section 245 - Defective form
No
notice or bill shall be invalid for defect of form.
Section 246 - Disobedience to notice issued to individual
If
a notice has been given under the provisions of this Act or under a rule or
bye-law to a person requiring him to execute a work or to provide or do or
refrain from doing anything within time specified in the notice, and if such a
person fails to comply with such a notice, then-
(a) the Zila Panchayat or the concerned Kshettra
Panchayat, as the case may be, 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 manner provided in Chapter VIII and,
further
(b) the said person shall be liable, on conviction
before a Magistrate, to a fine which may extend to one hundred rupees, and, in
case of a continuing breach, to a further fine which may extend to five rupees
for every day after the date of the first conviction during which the offender
is proved to have persisted in the offence.
Section 247 - Authority for prosecution
Unless
otherwise expressly provided, no Court shall take cognizance of any of the
offences punishable under this Act or under any rule or by-law, except on the
complaint of, or upon information received from the Zila Panchayat or the
concerned Kshettra Panchayat or some person authorized by the Zila Panchayat or
the concerned Kshettra Panchayat by general or special order in this behalf.
Section 248 - Power to compound offences
(1) The Adhyaksha of a Zila Panchayat or the Pramukh of
a Kshettra Panchayat may either before or after the institution of proceedings,
compound an offence against this Act or a rule or by-law, provided that no
offence shall be compoundable which is constituted by failure to comply with a
written notice issued by the Zila Panchayat or the Kshettra Panchayat, or on
behalf of the Zila Panchayat or the Kshettra Panchayat, unless and until the
notice has been complied with in so far as compliance is possible.
(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.
(3) Sums paid by way of composition under this section
shall be credited to the Zila Nidhi or the Kshettra Nidhi, as the case may be.
Section 249 - Compensation for damage to property vested in the Zila Panchayat
If
through an act, neglect or default on account where of a person has incurred a
penalty imposed by or under this Act any damage to the property of the Zila
Panchayat or any Kshettra Panchayat has been caused, the person incurring such
penalty shall be liable to make good such damage as well as to pay such penalty
and the amount of damage shall, in case of dispute, determined by the Magistrate
by whom the person incurring such penalty is convicted, and non-payment of such
amount on demand the same shall be levied by distress; and such Magistrate
shall issue his warrant accordingly.
Section 250 - Powers and duties of police in respect of offences and assistance to authorities of Zila Panchayat and Kshettra Panchayat
Every
police officer shall give immediate information to the Zila Panchayat or the
concerned Kshettra Panchayat, as the case may be of an offence coming to his
knowledge which ahs been committed against this Act or any Act wherein or
whereunder provision is made for the fine being credited to the Zila Nidhi or
the Kshettra Nidhi or against any rule made under any of the said Acts; and
shall be bound to assist all members officers and servants of the Zila
Panchayat and of any Kshettra Panchayat in the exercise of their lawful
authority.
Section 251 - Appeals from order of Zila Panchayat
(1) Any person aggrieved by any order or direction made
by a Zila Panchayat or a Kshettra Panchayat, as the case may be, under the
powers conferred upon it by Sections 165(1), 171, 184, 191(6), 193, 202, 216,
218, 221 or under a bye-law made under sub-head (a) of Heading D and under
Heading E of sub-section (2) of Section 239, may within thirty days from the
date of such direction or order, exclusive of the time requisite for obtaining
a copy thereof, appeal to such officers as the State Government may appoint,
for the purpose of hearing such appeals or any of them or, failing such
appointment, to the District Magistrate.
(2) The appellate authority may, if it thinks fit,
extend the period allowed by subsection (1) for appeal.
(3) No appeal shall be dismissed or allowed in part or
whole unless reasonable opportunity of showing cause or being heard has been
given to the parties.
Section 252 - Costs
(1) The Court deciding the appeal shall have power to
award costs at its discretion.
(2) Costs awarded under this section to the Zila
Panchayat or a Kshettra Panchayat shall be recoverable by the Zila Panchayat or
the Kshettra Panchayat as if they were arrears of a tax due from the appellant.
(3) If the Zila Panchayat or a Kshettra Panchayat fails
to pay any cost awarded to an appellant under this section within ten days
after the date of the communication of the order for payment thereof, the Court
awarding the costs may order the person having the custody of he balance of the
Zila Nidhi or the Kshettra Nidhi, as the case may be, to pay the amount.
Section 253 - Finality of order of appellate authority
(1) No order or direction referred to in Section 251
shall be questioned in any other manner or by any other authority than is
provided therein.
(2) The order of the appellate authority confirming
setting aside or modifying any such order or direction, shall be final.
Provided,
first that it shall be lawful for the appellate authority, upon applications
and after giving notice to the other party, to review any order passed by him
in appeal by a further order passed within three months from the date of his
original order.
Provided,
secondly, that inc case any order or direction referred to in Section 251
infringes the civil right of any person, he shall be entitled to question the
said order or direction in any Civil Court having jurisdiction in the matter.
Section 254 - Suspension or prosecution in certain cases
When
an order or direction of the kind specified in Section 251 is subject to appeal
and appeal has been instituted against it, or a civil suit has been filed
concerning the subject matter of any order or direction made under Section 251,
all proceedings to enforce such order or direction and all prosecutions for a
breach thereof may, by order of the appellate authority or of the Civil Court,
as the case may be suspended pending the decision of the appeal or the civil
suit and if such order is set aside on appeal or by the decree of the Civil
Court, disobedience thereto shall not be deemed to be and offence.
Section 255 - Dispute as to compensation payable by Zila Panchayat or a Kshettra Panchayat
(1) Should a dispute arise touching the amount of
compensation which the Zila Panchayat or a Kshettra Panchayat is required by
this Act to pay, it shall be settled in such manner as the parties ma agree, or
in default of agreement, by the Collector upon application made to him by the
Zila Panchayat, the Kshettra Panchayat or the person claiming compensation.
(2) Any decision of the Collector awarding compensation
shall be subject to a right of the applicant for compensation to require
reference to the District Judge in accordance with the procedure set forth in
Section 18 of Land Acquisition Act 1894 (Act 1 of 1894).
(3) In cases in which compensation is claimed in
respect of land, the Collector and the District Judge shall, as far as may be,
observe the procedure prescribed by the said Act for proceedings in respect of
compensation for the acquisition of land acquired for public purpose.
Section 256 - Decision of disputes between authorities
(1) Should a dispute arise between a Zila Panchayat or
a Kshettra Panchayat and any other local authority on any matter in which they
are jointly interested, such dispute shall be referred to the State Government
whose decision shall be final.
(2) The State Government may regulate by rule the
relations to be observed between Zila Panchayats and Kshettra Panchayats and
other local authorities in any matter in which they are jointly interested.
Section 257 - Suit against Zila Panchayat or Kshettra Panchayat or its officers, etc
(1) No suit shall be instituted against a Zila
Panchayat or a Kshettra Panchayat or against a member, officer or servant of a
Zila Panchayat or a Kshettra Panchayat, in respect of an act done or purporting
to have been done in its or his official capacity until the expiration of two
months next after notice in writing has been, in the case of a Zila Panchayat
or a Kshettra Panchayat left at its office, and in the case of a member,
officer or servant, delivered to him or left at his office or place of abode,
explicitly stating the cause of action, the nature of the relief sought, the
amount of compensation claimed, and the name and place of abode of the
intending plaintiff, and the plaint shall contain a statement that such notice
has been delivered or left.
(2) If the Zila Panchayat or the Kshettra Panchayat or
the member, officer or servant has before action is commenced, tendered
sufficient amends to the plaintiffs shall not recover any sum in excess of the
amount so tendered and shall also pay all costs incurred by the defendant after
such tender.
(3) No action such as is described in sub-Section (1)
shall, unless it is an action for the recovery of immovable property or for a
declaration of title thereof, be commenced otherwise than within six months
next after the accrual of the cause of action.
Provided
that nothing in sub-section (1) shall construed to apply to a suit wherein the
only relief claimed is an injunction of which the object would be defeated by
the giving of the notice or the postponement of the commencement of the suit or
proceeding.
Section 258 - Prohibiting temporary injunctions by Civil Courts against Zila Panchayat, Kshettra Panchayat or their officers
No
Civil Court shall, in the course of any suit, grant any temporary injunction,
or made any interim order-
(a) restraining any person from exercising the powers
of performing the functions or duties of a member, Adhyaksha, [x
x x], officer or servant of a Zila Panchayat or of a Committee or sub-committee
of a Zila Panchayat on the ground that such person has not been duly elected,
co-opted or appointed as such member, Adhyaksha, [x
x x], officer or servant; or
(b) restraining any person from exercising the powers
and performing the functions and duties of a member, Pramukh, [x
x x], officer or servant of a Kshettra Panchayat or of a Committee or
sub-committee of a Kshettra Panchayat on the ground that such person has not
been duly elected, co-opted or appointed such members, Pramukh, [x
x x], officer or servant; or
(c) restraining any person or persons, or any Zila
Panchayat or Kshettra Panchayat or Committee or sub-Committee of a Zila
Panchayat, or a Kshettra Panchayat from holding any election, or from holding
any election in any particular manner.
Section 259 - Delegation of powers by the State Government
The
State Government may, by notification in the Gazette, delegate to the
prescribed authority, in respect of any specified Zila Panchayat or Zila
Panchayat or Kshettra Panchayat or Kshettra Panchayats any one or more of the
powers vested in it by this Act.
Section 260 - Facility for inspection of minute books and assessment lists
The
minute books of the Zila Panchayat and every Kshettra Panchayat and the
assessment lists of the Zila Panchayat shall be open to inspection free of
charge by any tax-payer or elector under conditions to be prescribed by bye law
in this behalf.
Section 261 - Provision of publicity of rules regulations and bye-laws
Books
containing every rule, regulation and bye-law shall be kept in the office of
the Zila Panchayat or the Kshettra Panchayat as the case may be, and shall be
open, during the ordinary hours of business, inspection, free of charge by any
person and shall be for sale to the public at such office at a reasonable price
to be specified by bye-law in this behalf.
Section 262 - Mode of proof of records of Zila Panchayat or Kshettra Panchayat
A
copy of any receipt, application, plan, notice, order, entry in a register or
other document in the possession of a Zila Panchayat or a Kshettra Panchayat
shall, if duly certified by the legal keeper thereof or other person authorized
in this behalf, be received a prima facie evidence of the matters and
transactions therein recorded in every case, where an to the same extent as,
the original entry or document would, if produced have been admissible to prove
such matters.
Section 263 - Restriction on the summoning of servants of Zila Panchayats or Kshettra Panchayats to produce documents
No
officer of servant of a Zila Panchayat or of a Kshettra Panchayat shall in any
legal proceeding to which the Zila Panchayat or the Kshettra Panchayat is not a
party, be required to produce any register or document, the contents of which
can be proved under the preceding section by a certified copy, or to appear as
a witness to prove the matters and transactions recorded therein unless by
order of the Court made for special cause.
Section 264 - Inspection of works and registers of Zila Panchayats or Kshettra Panchayats by members
Any
member of a Zila Panchayat or a Kshettra Panchayat may inspect any work or
institution constructed or maintained, in whole or part, that expense of the
Zila Panchayat or the Kshettra Panchayat, as the case may be, and with the
previous sanction of the Adhyaksha any register, book, accounts or other
documents in the office of the Zila Panchayat or the Kshettra Panchayat as the
case may be.
Section 264A - Honoraria and allowances
[(1) The Adhyaksha and [x
x x], of a Zila Panchayat and the Pramukh and [x
x x] of Kshettra Panchayat shall receive such honoraria and such allowances as
may be prescribed.
(2) The members of a Zila Panchayat, other than
Adhyaksha, and [x
x x], and members of a Kshettra Panchayat other than Pramukh and [x
x x], shall receive such allowances as may be prescribed.
Section 264B - Manner and conduct of election
(1) The election to the office of an Adhyaksha, [x
x x] or a member of a Zila Panchayat and Pramukh, [x
x x] or a member of Kshettra Panchayat shall be held by secret ballot in the
manner provided by rules which shall also provide for resolution of doubts and
disputes relating to the election of such Adhyaksha, [x
x x], Pramukh and [x
x x].
(2) The superintendence, direction and control of the
conduct of election of the office of an Adhyaksha, [x
x x] or a member of a Zila Panchayat and of a Pramukh, [x
x x] or a member of a Kshettra Panchayat shall vest in the State Election Commission.
[(3) Except as provided in sub-section (4), the
State Government shall, in consultation with the State Election Commission, by
notification, appoint the date or dates for general election of the
Adhyaksha, [x
x x] or members of a Zila Panchayat or the Pramukh, the [x
x x], the [x
x x] or members of a Kshettra Panchayat.
(4) The
State Election Commission shall, in consultation with the State Government, by
notification, appoint date or dates for bye election of the Adhyaksha,
[x x x] or members of a Zila Panchayat or
Pramukh, [x
x x], [x x x] or members of a
Kshettra Panchayat.]
Section 264C - Staff of every local authority etc. to be made available for election work
[(1) Subject to the supervision and control of the
State Elections Commission, the District Magistrate shall supervise the conduct
of all elections under this Act 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 in accordance with
the directions issued by the State Election Commission, 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 elections, and they shall comply with every such requisition.
(4) Where
any employee of any local authority or institution referred to in subsection
(2) or sub-section (3) is appointed to perform any duty in connection with such
elections he shall be bound to perform such duty.
Section 264D - Requisitioning of premises, vehicles etc. for election purposes
(1) If it appears to the District Magistrate that in
connection with an election under this Act 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 of transport of ballot boxes to or form any
polling 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 performance 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 orders as may appear to it to be necessary or expedient in
connection with the requisitioning.
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 this sub-section
until the completion of the poll at such election.
(2) The requisition shall be effected 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-section (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 road transport whether by mechanical
power or otherwise.
Section 264E - Payment of compensation
(1) Whenever in pursuance of Section 264-D 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 locality;
(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 may determine.
Provided
further that where there is any dispute as to the title to receive the
compensation or as to 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
264-D immediately before the requisition, or where no person was in such actual
possession, the owner of such premises.
(2) Whenever in pursuance of Section 264-D, 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 where 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 the total
compensation payable in respect of the amount determined under this sub-section
as the 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.
Section 264F - Power to obtain information
The
District Magistrate may, with a view to requisitioning any property under
Section 264-D or determining the compensation payable under Section 264-E 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.
Section 264G - Powers of entry into and inspection of premises, etc.
(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 in what manner, an order under Section 264-D 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 expression "premises"
and "vehicle" have the same meaning as in Section 264-D.
Section 264H - Eviction from requisitioned premises
(1) Any person remaining in possession of any
requisitioned premises in contravention of any order made under Section 264-D
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.
Section 264I - Release of premises from requisition
(1) When any premises requisitioned under Section 264-D
are to be released from requisition the possession thereof shall be delivered
to the person from whom 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 of the premises is to
delivered.
(2) Where the person to whom possession of any premises
requisitioned under Section 264-D 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 sub-section (2) is
published in the Office 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 or other
claim in respect of such premises for any period after the said date.
Section 264J - Penalty for contravention of any order regarding requisitioning
If
any person contravenes any order made under Section 264-D or Section 264-F he
shall be punishable with imprisonment for a term which may extend to one year,
or with fine, or with both.
Section 265 - Savings as to Indian Railways Act, 1890 and United Provinces Village Sanitation Act, 1892
Nothing
in this Act shall affect any provision of the Indian Railways Act, 1890 (Act IX
of 1890) or of the United Provinces Village Sanitation Act, 1892 (U.P. Act II
of 1892), or any rule made under those Acts.
Section 266 - Construction of references in other enactments
(1) In any enactment other than the United Provinces
District Boards Act, 1992 (U.P. Act X of 1922), or the Uttar Pradesh Antarim
Zila Parishad Act, 1958 (U.P. Act XXII or 1958), in force on the date
immediately preceding the [date of commencement of this Act] in
a District or any rule, order or notification made or issued thereunder and in
force on such date in the said district unless a different intention appears-
(a) references to the District Board of a district
shall be construed as references to the Zila Panchayat of the district and such
enactment, rule, order or notification shall apply to the said Zila Panchayat
accordingly;
(b) references to the president or the vice-president
of the District Board of a district shall be construed as references to the
Adhyaksha and [x
x x] appointed under this Act.
(c) references to the members of a District Board of a
district shall be construed as references to the members of the Zila Panchayat
constituted under this Act for that district, and
(d) references to any Chapter or Section of the United
Provinces District Boards Act, 1922 (U.P. Act X of 1922), shall, as far as may
be, be construed as references to this Act or its corresponding Chapter or
section.
[(2) On and from the date of commencement of the
Uttar Pradesh Panchayat Laws (Amendment) Act, 1994, any reference to the Zila
Panchayat, or the Kshettra Panchayat in any rules, regulations, bye-laws,
statutory instruments, or in any other law for the time being in force, or in
any document or proceedings shall be construed as reference respectively to the
Zila Panchayat or the Kshettra Panchayat.]
Section 267 – [Succession to property, assets, rights, liabilities and obligation in certain cases
(1) On and from the date of commencement of the Uttar
Pradesh Panchayat Laws (Amendment) Act, 1994 and subject to the provisions of
Section 102-
(a) all property, interest in property and assets,
including cash balances, wherever situate, which immediately before such date
were vested in the Zila
Panchayat or the Kshettra Panchayat shall vest in and be held by the Zila
Panchayat of the Kshettra Panchayat as the case may be, for the purposes of
this Act; and
(b) all rights, liabilities and obligations of the
aforesaid Zila Panchayat or the Kshettra Panchayat, whether arising out of any
contract or otherwise, existing immediately before such date, shall be the
rights, liabilities and obligations of the Zila Panchayat or the Kshettra
Panchayat, as the case may be.
(2) Where any doubt or dispute arises as to whether any
property, interest or asset has vested in a Zila Panchayat or a Kshettra
Panchayat under sub-section (1), or any right, liability or obligation has
become the right, liability or obligation of the Zila Panchayat such doubt or
dispute shall be referred by the Mukhya Adhikari or the Khand Vikas Adhikari as
the case may be, to the State Government whose decision shall unless superseded
by any decision of a Court of law shall be final.]
Section 268 - Sums due
All
sums due to the Zila Panchayat or the Kshettra Panchayat, whether on account of
any tax or any other account, shall be recoverable by the Zila Panchayat of the
Kshettra Panchayat, as the case may be, and for the purpose of such recovery,
it shall be competent to the Zila Panchayat or the Kshettra Panchayat, as the
case may be to take any measure or institute any proceeding which if would have
been open to the Zila Panchayat or the Kshettra Panchayat to take or institute,
if the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994 had not come into
force.
Section 269 - Debts, obligation, contracts and pending of proceedings
(1) All debts and obligations incurred and all
contracts made by or on behalf of the Zila Panchayat or he Kshettra Panchayat
before the date referred to in sub-section (1) of Section 267 and subsisting on
the said date shall be deemed to have been incurred and made by the Zila
Panchayat or the Kshettra Panchayat as the case may be, 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 Zila Panchayat or the Kshettra Panchayat on the said date, which under the
provisions of this Act, are required to be instituted before or undertaken by
the Zila Panchayat or the Kshettra Panchayat, shall be transferred to and
continued by the Zila Panchayat or the Kshettra Panchayat, as the case may be,
and all other such proceedings shall, so far as may be, be transferred to an
continued by such authority before or by whom they have to be instituted or
undertaken under the provisions of this Act.
(3) All appeals pending before any authority or the
said Zila Panchayat or the Kshettra Panchayat on the said date shall so far as
may be practicable, be disposed of, as if there was a Zila Panchayat or the
Kshettra Panchayat, as the case may be, when they were filed.
(4) All prosecutions instituted by or on behalf of the
said Zila Panchayat or the Kshettra Panchayat and all suits and other legal
proceedings instituted by or against the said Zila Panchayat or the Kshettra
Panchayat, or any officer of the said Zila Panchayat or the Kshettra Panchayat,
pending on the said date, shall be continued by or against the Zila Panchayat
or the Kshettra Panchayat or the officer, as the case may be, as if there was a
Zila Panchayat or the Kshettra Panchayat constituted when such prosecution,
suit or proceeding was instituted.]
Section 270 - Continuation appointments of taxes, budget estimates, assessments, etc
Save
as expressly provided by the provision of this Chapter-
(a) any appointment, delegation, notification, notice,
tax, order, direction, scheme, licence, permission, registration, rule,
bye-law, regulation and form made, issued imposed or granted under the United
Provinces District Boards Act, 1922 (U.P. Act X of 1922), or the Uttar Pradesh
Antarim Zila Parishad Act, 1958 (U.P. Act XXII of 1958), [or this Act as it
stood before its amendment by the Uttar Pradesh Panchayat Laws (Amendment) Act,
1994], or any other law in
force in any local area immediately before the appointed date shall, in so far
as it is not inconsistent with the provisions of this Act, continue in force
until it is superseded by any appointment, delegation, notification, notice,
tax, order direction, scheme, licence, permission, registration rule, bye-law
regulation or form made, issued, imposed or granted under this Act, [as amended
by the said Act],
or any other law as aforesaid, as the case may be; and
(b) all budget estimates, assessments, valuations,
measurements, and divisions made under the United Provinces District Boards
Act, 1922 (U.P. Act X of 1922), or the Uttar Pradesh Antarim Zila Parishad Act,
1958 (U.P. Act XXII of 1958), before the [date of commencement of this Act],
shall, in so far as they are consistent with the provisions of this Act, be
deemed to have been made under this Act.
Section 271 - Provision until the Constitution of Kshettra Panchayat and Zila Panchayat
[Notwithstanding anything in this Act, during the
period between the commencement
of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994, and the constitution
of-
(a) [the first Zila Panchayat under this Act as amended
by the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994],
the Zila Panchayat and its Adhyaksha, [x
x x] and members shall respectively exercise, perform, and discharge the
powers, functions and duties of the Zila Panchayat and its Adhyaksha, [x
x x] and members and shall be deemed respectively to be the Zila Panchayat and
its Adhyaksha, [x
x x] and members; or
(b) [the first Kshettra Panchayat under this Act as
amended by the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994],
the Kshettra Panchayat and its Pramukh, [x
x x] and members shall respectively exercise, perform and discharge the powers,
functions and duties of he Kshettra Panchayat and its Pramukh, [x
x x] and members and shall be deemed respectively to be the Kshettra Panchayat
and its Pramukh, [x
x x] and members.
Section 272 - Powers to remove difficulties
(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 adaptation, 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 date of 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 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 the 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 or rules made by the State Government under any Uttar Pradesh
Act.]
Section 273 - Amendments
The
enactments named in Schedule VIII shall be amended in the manner and to the
extent specified in that Schedule.
Provided
that the amendment of Section 37 of the United Provinces Panchayat Raj Act,
1947 (U.P. Act XXVI of 1947), shall take effect from such date as may be
specified by the State Government by notification in the Gazette and different
dates may be specified in respect of different districts.
Section 274 - Repeal
(1) As from the date on which the establishment of
Kshettra Panchayats is completed in a district the United Provinces District
Boards Act, 1922 (U.P. Act X of 1922) and the United Provinces Local Rates Act,
1914 (U.P. Act I of 1914)), shall be, and stand, repealed in relation to that
district.
[Provided that in relation to areas in which
estates have not vested in the State under law relating to the abolition of
Zamindari, the provisions of the said Act to the extent they relate to
imposition and collection of local rates, shall be deemed to continue in force
until the date of such vesting.]
[(2) As from the date on which the Zila Panchayat
is established in a district under Section 17, the Uttar Pradesh Antarim Zila
Parishad Act, 1958 (U.P. Act XXII of 1958), shall be and stand repeated in
relation to that district.]
Schedule I - SCHEDULE I
[SCHEDULE I
(See Section 32)
POWERS AND FUNCTIONS
OF KSHETTRA PANCHAYATS
(i) Agriculture, including agricultural extension:
(a) Promotion and development of agriculture and
horticulture;
(b) Promotion of cultivation and marketing of
vegetables, fruits and flowers.
(ii) Land development, land reform implementation, land
consideration and soil conservation:
Assisting
the Government and Zila Panchayat in the implementation of land improvement,
soil conservation and land consolidation programme of the Government.
(iii) Minor irrigation, water management and watershed
and watershed development:
(a) Assisting the Government and Zila Panchayat in the
construction and maintenance of minor irrigation works; and
(b) Implementation of community and individual
irrigation works.
(iv) Animal husbandry, dairying and poultry:
(a) Maintenance of veterinary services;
(b) Improvement of breed of cattle, poultry and other
livestock; and
(c) Promotion of dairying, poultry and piggery.
(v) Fisheries:
(a) Promotion of fisheries development.
(vi) Social and farm forestry:
(a) Planting and preserving trees on the sides of roads
and public lands; and
(b) Development and promotion of social forestry and
sericulture.
(vii) Minor forest produce:
Promotion
and development of minor forest produce.
(viii) Small Industries:
(a) Help in development of rural industry; and
(b) Creating general awareness of agro-industrial development.
(ix) Cottage and village industries:
Marketing
the products of cottage industries.
(x) Rural housing:
Assisting
in rural housing programme and its implementation
(xi) Drinking water:
(a) Providing and assisting in development of drinking
water;
(b) Guarding from drinking polluted water; and
(c) Encouraging and monitoring rural water supply
programmes.
(xii) Fuel and fodder land:
(a) Promotion of programmes related to fuel and fodder;
and
(b) Plantation of trees near roads in the Panchayat
area.
(xiii) Road, culverts, bridges, ferries, waterways and
other means of communication:
(a) Construction of roads, culverts outside the
villages and their maintenance.
(b) Construction of bridges; and
(c) Help in management of ferries and waterways.
(xiv) Rural electrification:
Promotion
of rural electrification.
(xv) Non-conventional energy source:
Promoting
use of non-conventional energy and its promotion.
(xvi) Poverty alleviation programme:
Implementation
of poverty alleviation programme.
(xvii) Education
including primary and secondary schools:
(a) Development of primary and secondary education; and
(b) Promotion or primary and social education.
(xviii) Technical training and vocational education:
Promotion
of rural artisans and vocational education.
(xix) Adult and informal education:
Supervision
of adult literacy and informal education centers.
(xx) Library:
Promotion
and supervision of rural libraries.
(xxi) Sports and
cultural affairs:
(a) Supervision of cultural affairs;
(b) Promotion and organization of regional folk songs,
dances and rural sports; and
(c) Promotion and development of cultural centers.
(xxii) Markets and
fairs:
Promotion,
management and supervision of fairs and markets (including cattle fair) outside
of Gram Panchayat.
(xxiii) Medical and
Sanitation:
(a) Establishment and maintenance of P.H.C. and
dispensaries;
(b) Control of epidemics;
(c) Implementation of rural health and sanitation
programmes.
(xxiv) Family Welfare:
Promotion
of health and family welfare programme.
(xxv) Maternity and child development:
(a) Promotion of programmes for participation of
organization in women and child health, school health and nutrition programmes;
and
(b) Promotion of programmes relating to development of
women and child welfare.
(xxvi) Social
welfare including welfare of the handicapped and mentally retarded:
(a) Participation in the social welfare programmes
including welfare of the handicapped and the mentally retarded; and
(b) Monitoring of the old-age and widow pension
schemes.
(xxvii) Welfare of
the weaker sections and in particular of the Scheduled Castes and Scheduled
Tribes:
(a) Promotion of welfare of the Scheduled Castes and
weaker sections; and
(b) Preparation of plans and implementation of schemes
for social justice.
(xxviii) Public
Distribution system:
Distribution
of essential commodities.
(xxix) Maintenance of community assets:
Guiding
and monitoring preservation and maintenance of community assets.
(xxx)Planning and statistics:
(a) Preparation of plan for economic development;
(b) Review, co-ordination and integration of the plans
by the Gram Panchayat;
(c) Ensuring execution of the Khand and Gram Panchayat
development plan;
(d) Periodical review of achievement and targets;
(e) Collection of data and maintenance of statistics in
respect of matters relating to the implementation of the Khand Plan.
(xxxi) Supervision
over Gram Panchayat:
(a) Distribution of grants to the Gram Panchayat in
accordance with the prescribed procedure;
(b) General supervision according to rules over the
activity of the Gram Panchayat
(xxxii) Providing
relief in natural calamities];
Schedule II - SCHEDULE II
SCHEDULE II
(See Section 33)
POWERS AND FUNCTIONS
OF ZILA PANCHAYATS
[PART 'A'
(i) Agriculture, including agricultural extension:
(a) Promotion of measures to increase agricultural
production; and
(b) Establishment and maintenance of godowns.
(ii) Land development, land reform implementation, land
consolidation and soil conservation:
Planning
and implementation of land improvement, soil conservation and land
consolidation programmes entrusted by the Government.
(iii) Minor
Irrigation, water management and water development:
(a) Construction and maintenance of minor irrigation
and inter-Khand water projects;
(b) Managing the water distribution;
(c) Development of sub-soil water; and
(d) Watershed development.
(iv) Animal
husbandry, dairying and poultry:
(a) Establishment and maintenance of veterinary and
animal husbandry services,
(b) Improvement of breeds; and
(c) Promotion of dairying, poultry and piggery.
(v) Fisheries:
(a) Development of fisheries and irrigation works; and
(b) Implementation f fishermen's welfare programmes.
(vi) Social and farm forestry:
(a) Promotion of Social and farm forestry, tree
plantation and sericulture; and
(b) Development of wastelands.
(vii) Minor forest
produce:
Promoting
of small scale industry and food processing unit.
(viii) Small
industries:
Promotion
of small scale industry and food processing unit.
(ix) Cottage and
village industries:
(a) Establishing and maintaining training centers for
training in village and cottage industries; and
(b) Establishment of Panchayat industries at district
level.
(x) Rural
housing:
(a) Promotion and development of rural housing
programmes;
(b) Implementation of rural housing at non-residential
area;
(c) Construction of community centers and rest houses;
and
(d) Monitoring of rural housing work done by Gram
Panchayats and Kshettra Panchayats
(xi) Drinking
water:
(a) Maintenance of drinking water of public use;
(b) Plan and programme for drinking water; and
(c) Prevention and control of water pollution.
(xii) Fuel and
fodder land:
(a) Monitoring and development of fuel and fodder
programmes;
(b) Maintenance and development of plants for fuel and
fodder areas; and
(c) Monitoring of programmes regulated by Gram
Panchayats and Kshettra Panchayats.
(xiii) Roads,
culverts, bridges, ferries, waterways and other means of communication:
(a) Development and maintenance of rural roads,
culverts, bridges and waterways of the district;
(b) Maintenance of rive banks;
(c) Writing of directions and marks on roads; and
(d) Help in removal of encroachment on roads and public
places.
(xiv) Rural electrification:
(a) Assisting Gram Panchayats and Kshettra Panchayats
in rural electrification; and
(b) Helping in distribution of light in rural areas.
(xv)
Non-conventional
energy source:
(a) Development of sources of non-conventional energy;
and
(b) Assisting programmes of Gram Panchayats and
Kshettra Panchayats.
(xvi) Poverty
alleviation programme:
(a) Planning, monitoring and supervision of poverty
alleviation programmes; and
(b) Co-ordination of programmes with other departments.
(xvii) Education
including primary and secondary schools:
(a) Construction, maintenance and supervision of
primary and secondary schools;
(b) Providing education for all in district; and
(c) Survey and evaluation of primary and secondary education
in district.
(xviii) Technical
training and vocational education:
Establishment
of technical and vocational training centers and its monitoring.
(xix) Adult and
informal education:
Planning
and implementation of adult literacy and informal education programmes.
(xx) Library:
(a) Construction and maintenance of libraries and
reading rooms at Khand level and in district; and
(b) Implementation of programmes.
(xxi) Sports and cultural affairs:
(a) Promotion of cultural activities;
(b) Promotion and supervision of regional cultural and
sports activities; and
(c) Arrangement of cultural folk activities on
important occasions.
(xxii) Markets and
fairs:
(a) Supervision and monitoring of rural markets, fairs
(including cattle fair); and
(b) Supervision and monitoring of works done by Gram
Panchayats and Kshettra Panchayats regarding markets and fairs.
(xxiii) Medical and
sanitation:
(a) Assisting and suitably financing Kshettra
Panchayats in the prevention and control of epidemics;
(b) Establishment, maintenance and management of PHC
and dispensaries; and
(c) Providing drinking water facilities.
(xxiv) Family welfare:
Implementation,
supervision and monitoring of family welfare programmes.
(xxv) Maternity and child development:
(a) Implementation of maternity and child health
programmes; and
(b) Promotion of school health and nutrition programme.
(xxvi) Social
welfare including welfare of the handicapped and mentally retarded:
(a) Participation of the social welfare programmes
including welfare of handicapped and mentally retarded; and
(b) Promoting social welfare programmes of old age and
widow pension schemes.
(xxvii) Welfare of the weaker sections and in a particular
of the Scheduled Castes and Scheduled Tribes:
(a) Promotion of welfare of the Scheduled Castes, the
Scheduled Tribes and weaker sections;
(b) Protecting such castes from social injustice and
exploitation;
(c) Establishment and management of hostels; and
(d) Preparation of plans and implementation of schemes,
for social justice.
(xxviii) Public
distribution system:
Planning
and monitoring of distribution of rural commodities.
(xxix) Maintenance of community assets:
(a) Co-ordination and integration of the development
schemes; and
(b) Preservation and maintenance of community assets.
(xxx) Planning and statistics:
(a) Preparation of plan for economic development;
(b) Review of the plans framed by the Kshettra Panchayats;
their co-ordination and consolidation;
(c) Encuring the execution of the plans at Khand and
village level;
(d) Periodical review of achievements and targets; and
(e) Collection of data and maintenance of statistics on
all matters relating to the implementation of the plan within the district.
(xxxi) Relief Work:
(a) Construction, repair and maintenance of famine
preventive works, establishment and maintenance of relief works and relief
houses and adoption of such other measures of relief in time of famine and
scarcity as may be considered necessary; and
(b) Establishment, management, maintenance and visiting
of poor houses, asylums, orphanages, markets and rest houses.]
PART 'B'
(i) Laying out, whether in areas previously built or
not, new public roads and acquiring land for that purpose and for the
construction of building and their compound, to abut on such roads;
(ii) reclaiming
unhealthy localities;
(iii) furthering educational objects by measures other
than the establishment and maintenance of schools;
(iv) taking a census and granting rewards for
information which may tend to secure the correct registration of vital
statistics.
(v) Constructing, subsidizing or guaranteeing tramways,
aerial ropeways or other means of locomotion;
(vi) Securing or assisting to secure suitable places for
the carrying on of any offensive, dangerous or obnoxious trade, calling or
practice;
(vii) conserving and preventing injury or contamination
to, or pollution of, river and other sources of water supply within its
jurisdiction;
(viii) promotion of tourism;
(ix) the doing of anything whether inside or outside the
district, whereon expenditure declared by the State Government or by the Zila
Panchayat with the sanction of the State Government to be an appropriate charge
on the Zila Panchayat Nidhi.
Powers,
duties and functions under the United Provinces Panchayat Raj Act, 1947, which
shall be exercised or performed by the Zila Panchayat or the Kshettra
Panchayat, as is specified in the third column:
Schedule III - SCHEDULE III
SCHEDULE III
(See Section 35)
|
Section of the United Provinces Panchayat Raj Act, 1947
|
Power, duty or function
|
Authority by which to be exercised or performed
|
|
9.
|
[x x x]
|
[x x x]
|
|
11(1)
|
[x x x]
|
[x x x]
|
|
12-E
|
To tender
oath of office to Pradhan of Gram Panchayat, and Panches, Sarpanches and
Sahayak Sarpanches of Nyaya Panchayats
|
Kshettra
Panchayat
|
|
12-F
|
To
entertain the resignations of Pradhan, Up-Pradhans and members of Gram
Panchayat
|
Zila
Panchayat
|
|
17-E
|
To
sanction proposals of [Gram
Panchayats] for undertaking small irrigation projects
|
Kshettra Panchayat
|
|
20
|
(1) To
direct a group of neighbouring Gram Panchayat, within the Khand to combine to
establish and maintain a primary school or Ayurvedic, Homeopathic or Unani
Hospital or dispensary.
(2) To
direct group of neighbouring inter Khand [Gram
Panchayat], to combine to establish and maintain a primary school or
Ayurvedic, Homeopathic or Unani Hospital or dispensary.
|
Kshettra
Panchayat
Zila
Panchayat
|
|
25(1)
|
To approve
the creation of a post by a Panchayat not provided for in its budget.
|
Kshettra Panchayat
|
|
25(4)
|
(1) To
effect transfers of Panchayat servants within the Khand.
(2) To
effect transfers of Panchayat servants outside the Khand.
|
Kshettra
Panchayat
Zila
Panchayat
|
|
25(5)
|
To
sanction appointments of servants under the Nyaya Panchayat and to exercise
powers of transfer, punishment, discharge and dismissal in respect of them
|
Kshettra
Panchayat
|
|
25-A
|
(1) To
appoint Panchayat Secretaries and to exercise administrative control over
them in respect of promotion, dismissal and removal.
(2) To exercise
administrative control over Panchayat Secretaries in respect of leave,
transfer and other disciplinary action which does not include appointment,
promotion, dismissal and removal.
|
Zila
Panchayat
Kshettra
Panchayat
|
|
27.
|
To
sanction filing of a civil suit against a member of Gram Panchayat, joint
Committee or other Committee for loss, waste or misapplication of ant money
or property of Gram Panchayat
|
Zila
Panchayat
|
|
30(2)
|
(1) To
settle disputes between the constituent units of a joint Committee situated
within the Khand.
(2) To
settle disputes between the Inter-Khand constituent units of a joint
Committee
|
Kshettra
Panchayat
Zila
Panchayat
|
|
36.
|
[x x x]
|
[x x x]
|
|
27-A(2)
|
To direct
the [Gram Panchayat],
to impose a tax or rate on any person wrongly excluded
|
Kshettra
Panchayat
|
|
37-B
|
To
authorize recovery of the arrears of Panchayat taxes as arrears of land
revenue in the event of the [Gram Panchayat],
failure to pass a resolution within three months for the realization of its
dues a arrears of land revenue
|
Kshettra
Panchayat
|
|
37-C(2)
|
Under
circumstances prescribed by Government to remit the whole or part of any tax
or rate
|
Zila
Panchayat
|
|
37-C(3)
|
To approve
the decision of the [Gram Panchayat],
to remit the whole or part of any tax or rate
|
Kshettra Panchayat
|
|
39(1)
|
To
determine the proportion in which the expenses of a Nyaya Panchayat are to be
charged to the Gaon Funds of the [Gram Panchayat],
comprised in the circle
|
Kshettra
Panchayat
|
|
41(3)
|
[x x x]
|
[x x x]
|
|
41(4)
|
[x x x]
|
[x x x]
|
|
41(5)
|
[x x x]
|
[x x x]
|
|
96
|
To
prohibit execution or further execution of any resolution or order passed or
made by a [Gram Panchayat],
or a joint Committee or any officer or servant thereof if in his (prescribed
authority's) 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 employed, or danger to human life, health
or safety or riot or affray
|
Zila
Panchayat
|
|
98
|
To
sanction the penalty clause of Panchayat bylaws
|
Zila
Panchayat
|
|
112(1)
|
To direct
any other duties or functions to be performed by the [Gram Panchayat]
|
Kshettra
Panchayat
|
|
114
|
To direct
for leaving a vacancy on any body, constituted under the Panchayat Raj Act,
to be left unfilled if the vacancy is not to last for more than six months
|
Zila
Panchayat
|
Schedule IV - SCHEDULE IV
SCHEDULE IV
(See Section 56)
POWERS AND FUNCTIONS
OF THE ZILA PANCHAYAT
|
Section
|
Power or function
|
Remarks
|
|
34(1)
|
To
delegate any of its powers or functions under the Act to a Gaon Sabha, Gram
Panchayat or Bhumi Prabandhak Samiti, within the district or to resume any
such delegated power
|
..................
|
|
34(2)
|
To
delegate any of its powers or functions under the Act to a Kshettra Panchayat
or the consent to the delegation of any power or function by the Kshettra
Panchayat to the Zila Panchayat
|
...............
|
|
35(1)
|
To
exercise powers and perform duties and functions in respect of [Gram
Panchayat]
|
May be
delegated to the Karya Samiti, Adhyaksha or Mukhya Adhikari or partly to one
and partly to another
|
|
35(2)
|
To require
any [Gram Panchayat],
in the district to co-ordinate any of its activities with similar activities
of the Kshettra Panchayat
|
May be
delegate
|
|
36(a)
|
To approve
and sanction the proposal of a [Gram Panchayat],
to impose any tax or rate and to frame and sanction the bye-laws for any
[Gram Panchayat]
|
May be
delegated to the Karya Samiti
|
|
36(b)
|
[x x x]
|
[x x x]
|
|
38(a)
|
To decide
whether to unite with any other Zila Panchayat or other legal authority in
works or undertaking which benefit all the areas controlled by it and such
authority
|
........
|
|
38(b)
|
To decide
whether to contribute towards any work or institution from which the district
benefits although such work or institution is undertaken or maintained
outside the district or is included in any [Municipal Corporation],
Municipality, Cantonment, Notified Area or Town Area
|
...............
|
|
39(2)
|
To create
posts of officers other than those specified in Section 39(1) or to create a
post the creation of which has been ordered by the State Government
|
....................
|
|
39(2)
Proviso
|
To obtain
Government's sanction for the abolition of a post created upon specific
orders of the State Government
|
Shall be
exercised by the Adhyaksha
|
|
39(2) Proviso
|
To abolish
a post created upon specific direction of the State Government and for the
abolition of which State Government's sanction has been secured
|
..........
|
|
41(1)(a)
|
To request
the State Government to place at the disposal of the Zila Panchayat, the
services of any of its servants
|
.................
|
|
43(1)
|
To make
appointments to posts of Karya Adhikari, Abhiyanta, Kar Adhikari and post
[carrying such pay scales as the State Government may fix]
|
....................
|
|
43(4)(b)
|
To take
any Government servant in the service of the Zila Panchayat on requisition by
the State Government
|
.............
|
|
46(2)(d)
|
To
terminate the services of any officer or servant
|
Shall be
exercised by the Karya Samiti
|
|
48(2)
Proviso
|
To
constitute, upon direction by Government, a district cadre of any class of
employees in Kshettra Panchayats
|
Shall be
exercised by the Karya Samiti
|
|
48(3)
|
To provide
staff to each Kshettra Panchayat
|
May be
delegated to the Karya Samiti
|
|
51(1)
|
To
exercise control over the Mukhya Adhikari and other Heads of Department
|
Shall be
exercised by the Adhyaksha under the general guidance of the Zila Panchayat
|
|
51(3)
|
[x x x]
|
[x x x]
|
|
57(1)
|
To
delegate any of the Zila Panchayats powers, duties and functions
|
.......
|
|
57(3)
|
To decide
an appeal against an order passed by authority in exercise of a power
delegated by the Zila Panchayat or to revise such an order
|
..............
|
|
64(1)
|
To appoint
Committees
|
........
|
|
65(1)
|
To appoint
other Committees by regulation
|
........
|
|
65(2)
|
To appoint
advisory Committees by resolution
|
............
|
|
77(1)
|
To combine
with one or more than one assenting local authority, to appoint a joint
committee
|
...........
|
|
86(7)
|
[x x x]
|
[x x x]
|
|
93(1)
|
To call
for any report or extract from the proceeding of a Committee or a return
|
May be
delegated to the Adhyaksha
|
|
94(1)
|
To require
the Adhyaksha or the Mukhya Adhikari to supply or produce any return etc.
|
.......
|
|
95
|
To require
assistance or advice from certain officers of Government
|
May be
delegated
|
|
100(2)
|
To raise
loans in the open market
|
.......
|
|
101(3)
|
To make
investments out of the Zila Nidhi in certain securities or placing funds in
fixed deposits
|
............
|
|
105(1)
|
To request
the State Government to make acquisition of land for its purposes
|
May be
delegated
|
|
107
|
To
transfer any property vested in the Zila Panchayat
|
May be
delegated to the Karya Samiti
|
|
108
|
To make
compensation out of the Zila Nidhi
|
May be
delegated to the Karya Samiti
|
|
110(7)
|
To vary or
later the budget
|
.......
|
|
115(2)
|
To place
the budget of Kshettra Panchayat before the Niyojan Samiti
|
Shall be
exercised by the Adhyaksha
|
|
115(6)
|
To decide
on the difference of opinion between the Kshettra Panchayat and the Niyojan
Samiti about the budget
|
..............
|
|
122
|
To entrust
to a [Gram Panchayat],
collection of tax
|
......
|
|
124
|
To decide
or to modify any tax proposal
|
......
|
|
131
|
To exempt
from payment of tax
|
|
|
132
|
To furnish
explanation and to remove a defect in tax on being asked to do so by the
State Government
|
.............
|
|
141
|
To contribute
to the funds of [Gram Panchayats]
|
......
|
|
142
|
To charge
fees for the use or occupation of immovable property vested in, or entrusted
to the management of the Zila Panchayat and to levy and recover charges
|
May be
delegated to the Karya Samiti
|
|
143
|
To charge
fees for licences, sanctions and permissions
|
......
|
|
144
|
To fix and
levy fees and tolls described in this section
|
......
|
|
145
|
To impose
fees and tolls in markets established, maintained or managed by the Zila
Panchayat
|
......
|
|
189
|
To lay out
and make new public streets and widen, lengthen, etc. an exiting public
street, to provide building sites abutting them
|
May be
delegated
|
|
190
|
To declare
a street as a public street
|
May be
delegated
|
|
191(1) to
(3)
|
To define
a general line of buildings on the sides of a public street after notifying
the intention and settling objections
|
May be
delegated to the [Krishi Udyog, Evam Nirman Samiti]
|
|
191(4)
|
To
sanction construction of any building which does not conform to the regular
line of a street
|
Shall be
exercised by the [Krishi Udyog Evam Nirman Samiti]
|
|
191(5)
|
To make
compensation for damage caused due to any person being prevented from
building etc.
|
Shall be
exercised by the Karya Samiti
|
|
191(6)
|
To require
alteration or demolition of any building, etc. which contravenes the regular
line of a street
|
Shall be
exercised by the [Krishi Udyog Evam Nirman Samiti]
|
|
192(2)
|
To permit
the doing of any thing by a person which would otherwise amount to
interfering with the arrangement of construction made by the Zila Panchayat
under sub-section (1) of Section 192
|
May be
delegated
|
|
195
|
To require
removal or closing drain, privy, etc.
|
May be
delegated
|
|
196
|
To permit
erection of a building, wall or other structure or planting of tree on a
public drain or culvert or waterworks vested in the Zila Panchayat and to
order removal, and on default, itself to remove any unauthorized structure or
tree remover the expenses from the person concerned
|
May be
delegated
|
|
202
|
To
regulate offensive trades
|
May be
delegated
|
|
211
|
To acquire
or otherwise to provide any land or rights in land necessary for purposes of
effecting drainage ordered under Section 211
|
May be
delegated
|
|
213(1)(a)
and (b)
|
To
provided in any controlled rural area receptacles and places for the
temporary deposit of offensive matters
|
Shall be
exercised by the [Shiksha Evam Jan Swasthya Samiti]
|
|
213(1)(c)
|
To issue
directives as to the time, manner and conditions of removal of offensive
matters in a controlled rural area
|
Shall be
exercised by [Shiksha Evam Jan Swasthya Samiti]
|
|
216
|
To
prohibit the use of any building in a controlled rural area unfit for human
habitation unless suitably altered, and, upon failure to comply, to require
its demolition
|
May be
delegate to the Karya Samiti
|
|
218
|
To
prohibit the cultivation of a crop or the use of a manure, or a method of
irrigation which is injurious to health
|
...............
|
|
221
|
To order
closure of a specified burial or burning ground and to provide a befitting
place for the purpose if no suitable place exists within a reasonable
distance, to except private burial places from a public notice and to give
permission to use an unrecognized burial or burning ground
|
May be
delegated to the [Shiksha Evam Jan Swasthya Samiti]
|
|
228(2)
|
To furnish
explanation in connection with an order of the Prescribed Authority
prohibiting the execution or further execution of any resolution or order
|
.............
|
|
232
|
To furnish
explanation to charges leveled against the Zila Panchayat
|
......
|
|
239
|
To make
bye-laws
|
......
|
|
246
|
To cause a
work to be executed or thing to be provided or done, and to recover expenses
incurred thereon when a default has been made in the execution, provision or
doing of the work or thing in this regard of the Zila Panchayat's notice
|
May be
delegated
|
|
General
|
Any power,
duty or function which any requires to be exercised or performed by the
Kshettra Panchayat
|
...............
|
Schedule V - SCHEDULE V
SCHEDULE V
(See Section 56)
SCHEDULED POWERS AND
FUNCTIONS OF THE MUKHYA ADHIKARI
|
Section
|
Power of
function
|
Remarks
|
|
34(1)
|
To obtain
the consent of Gram Sabha, Gram Panchayat, Bhumi Prabandhak Samiti, for the
delegation of any of its powers or functions by Zila Panchayat to any of the
aforesaid bodies
|
...........
|
|
34(2)
|
To obtain
a Kshettra Panchayat's consent for taking over such power or function as may
be proposed to be delegated to it by the Zila Panchayat
|
...............
|
|
43(1)
|
To address
the Commission for consultation in respect of appointments to posts [carrying
such pay scales as the State Government may fix]
|
..........
|
|
86(4)
|
To receive
the draft plan of a Khand
|
.....
|
|
86(5)
|
[x x x]
|
[x x x]
|
|
101(3)
|
To obtain
Government's sanction for the investment of the Zila Nidhi in certain
securities
|
........
|
|
102(2)
|
To obtain
Government's sanction for acquiring or renting land beyond the limits of the
district
|
.....
|
|
113
|
To submit
a copy of budget as finally passed to the Commissioner of the Division and to
the State Government
|
..........
|
|
115(3)
|
To
communicate to the Kshettra Panchayat the approval of recommendations of the
Niyojan Samiti in respect of the budget of the Kshettra Panchayat
|
...........
|
|
123(3)
|
To publish
tax proposals and draft rules along with notice
|
.....
|
|
124(2)
|
To publish
modified tax proposals and revised draft rules along with notice
|
.....
|
|
128
|
To submit
copy of resolution directing imposition of tax
|
.....
|
|
148
|
To issue a
bill of demand
|
.....
|
|
150
|
To issue a
notice of demand
|
.....
|
|
155
|
To apply
to the District Magistrate to issue a warrant to another Magistrate for
distress of property outside the rural area or lying within the jurisdiction
of another Magistrate
|
........
|
|
158
|
To bring a
suit for the recovery of Zila Panchayat's dues
|
.....
|
|
159
|
To require
any arrears of rents being realized as arrears of land revenue
|
.....
|
|
206
|
To give
written consent for displacement, gutter, etc. belonging to the Zila
Panchayat and to recover expenses incurred by the Zila Panchayat from
offenders
|
.............
|
|
208
|
To require
demolition or removal of any building, well, etc. and to take necessary
proceedings
|
Appealable
|
|
209
|
To accord
permission for things which otherwise cause obstruction of a public street in
a controlled rural area, to remove any obstruction and to recover cost
thereof
|
........
|
|
210
|
To require
provision of latrines and urinals in factories, schools, etc.
|
.....
|
|
211
|
To require
cleansing, repairing, covering, filling up or draining off of a private well,
tank, etc.
|
Appealable
|
|
212
|
To require
a filthy land or building to be cleansed and put in proper order
|
Do
|
|
215
|
To permit
any sink, sewer or cesspool or other offensive matter to flow, drain or being
put on a public street or place and to impose any conditions thereabout
|
........
|
|
219
|
To order
clearance of noxious vegetation
|
Appealable
|
|
220
|
To require
excavations, etc. to be filled up or drained
|
Do
|
Schedule VI - SCHEDULE VI
SCHEDULE VI
(See Section 79)
POWERS AND FUNCTIONS
OF A KSHETTRA PANCHAYAT
|
11(1)
|
To receive
notice of resignation from [x x x],
[x x x] or
Member
|
Shall be
performed by the Khand Vikas Adhikari or any nominee of his
|
|
34(1)
|
To
delegate any of its powers or functions under the Act or to resume such a
delegated power, etc. from a Gram Sabha, Gram Panchayat or Bhumi Prabandhak
Samiti
|
........
|
|
34(2)
|
To
delegate any power or function under the Act to the Zila Panchayat or to
consent to the delegation of a power or function by the Zila Panchayat to the
Kshettra Panchayat
|
.........
|
|
35(1)
|
To
exercise powers and perform duties and functions in relations to [Gram
Panchayat]
|
May be
delegated to the [Karya Samiti],
or Pramukh
|
|
38(a)
|
To decide
whether to unite with any other Kshettra Panchayat or other local authority
in works or undertaking which benefit all the areas controlled by the
Kshettra Panchayat
|
...........
|
|
38(b)
|
To decide
whether to contribute towards any work or institution from which the Khand
benefits, although such work or institution is undertaken or maintained
outside the Khand or is included in any [Municipal Corporation],
municipality, cantonment, notified area or town area
|
.........
|
|
86
|
To
consider and approve the draft plan of the Khand
|
.....
|
|
87(1) and
(2)
|
To appoint
Committee
|
.....
|
|
87(3)
|
To appoint
advisory Committees
|
.....
|
|
93(1)
|
To call
for any report or extract, etc. from the proceedings of a Committee
|
May
delegated
|
|
101(3)
|
To make
investments from the Kshettra Nidhi in certain securities or placing it in
fixed deposit
|
May be
delegated to the Khand Vikas Adhikari
|
|
105(1)
|
To request
the State Government to make acquisition of land for its purposes
|
May be
delegated
|
|
107(1)
|
To transfer
any property vested in the Kshettra Panchayat
|
May be
delegated to the [Karya Samiti]
|
|
108
|
To make
compensation out of the Kshettra Panchayat
|
Ditto
|
|
115(4)
|
To
consider the recommendations of the Niyojan Samiti as regards the budget
|
.....
|
|
142
|
To charge
fees for the use or occupation of immovable property vested in, or entrusted
to the management of the Kshettra Panchayat and levy or recover charges
|
........
|
|
143
|
To charge
fees for licences, sanctions and permissions
|
.....
|
|
144
|
To fix and
levy certain other fees and tolls described in this section
|
.....
|
|
145
|
To impose
fees or tolls in markets established, maintained or managed by the Kshettra
Panchayats
|
.........
|
|
165(1)
|
To
sanction or refuse to sanction erection, etc. of a building or digging, etc.
a well abutting on or adjacent to a public street or place or property vested
in Government, the Zila Panchayat or the Kshettra Panchayat
|
May be
delegated to the Khand Vikas Adhikari
|
|
171
|
To direct
the owner or occupier of any land to stop erection, etc. of a building or
construction, etc. or a well (adjacent to a public street or place or
property vested in Government, the Zila Panchayat or the Kshettra Panchayats)
and to direct alteration and demolition of a building or well
|
May be
delegated
|
|
173
|
To alter,
discontinue, close or remove a public drain
|
May be
delegated
|
|
184(1) and
(2)
|
To acquire
any private street in a controlled rural area to be leveled, paved, metalled,
flagged, etc. and in default to get the work done and to recover the cost
from the person concerned
|
May be
delegated to the Khand Vikas Adhikari
|
|
184(3)
|
To declare
a private street in a controlled rural area to be a public street
|
.....
|
|
189
|
To lay out
and make new public streets and widen, lengthen, etc. on existing public
street and to provide building sites abutting them
|
May be
delegated
|
|
190
|
To declare
a private street as a public street
|
.....
|
|
191(1) to
(3)
|
To define
a general line of buildings on the sides of a public street after notifying
the intention and settling objections
|
May be
delegated
|
|
191(4)
|
To
sanction construction of any building which does not conform to the regular
line of a street
|
Shall be
exercised by the [Karya Samiti]
|
|
191(5)
|
To allow
payment of compensation for excluding any private land from the regular line
of a street
|
Shall be
exercised by the [Karya Samiti]
|
|
191(6)
|
To require
alteration or demolition of any building, etc. which contravenes the regular
line of a street
|
Shall be
exercised by the [Karya Samiti]
|
|
192(2)
|
To permit
the doing of anything by a person which would otherwise amount to interfering
the arrangement of construction made by the Zila Panchayat under sub-section
(1) of Section 192
|
May be
delegated
|
|
193
|
To require
cleaning and maintenance in good condition of any water-course, etc. and to prohibit
the use of any water-course, etc. for drinking purposes, or to order its
closure
|
May be
delegated
|
|
194
|
To require
removal or closing of drain, privy, etc.
|
Shall be
delegated to the [Karya Samiti] or
the Khand Vikas Adhikari
|
|
196
|
To permit
erection of a building, wall or other structure or planting of tree on a
public drain or culvert or waterwork vested in the Kshettra Panchayat and to
order removal and on default, itself to remove any unauthorized structure or
tree and recover the expenses from the person concerned
|
........
|
|
228(2)
(read with 236)
|
To furnish
explanation in connection with an order of the prescribed authority
prohibiting the execution or further execution of any resolution or order
|
.........
|
|
236(4)(a)
|
[x x x]
|
.....
|
|
246
|
To cause a
work to be executed or thing to be provided or done, and to recover expenses
incurred thereon when a default has been made in the execution, provision or
doing of the work or thing in this regard of the Kshettra Panchayat's notice
|
May be
delegated
|
|
General
|
Any power,
duty or function which any rule requires to be exercised or performed by the
Kshettra Panchayat
|
........
|
Schedule VII - SCHEDULE VII
SCHEDULE VII
[See Section 79(3)]
SCHEDULED POWERS OF
KHAND VIKAS ADHIKARI
|
Section
|
Power or
function
|
Remarks
|
|
34(1)
|
To obtain
the consent of a Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti for
the transfer to it of any of the powers or functions of the Kshettra
Panchayat under the Act
|
.......
|
|
34(2)
|
To obtain
consent of the Zila Panchayat for delegation to it of any power or function
of the Kshettra Panchayat
|
...........
|
|
101(3)
|
To obtain
Government's sanction for incurring an expenditure on acquiring or renting
land beyond the limits of the Kshettra Panchayat
|
..........
|
|
102(2)
|
To obtain
Government's sanction for incurring an expenditure on acquiring or renting
land beyond the limits of the Kshettra Panchayat
|
.........
|
|
148 (read
with Section 161)
|
To issue a
bill of demand
|
.....
|
|
150 (read
with Section 161)
|
To issue a
notice of demand
|
.....
|
|
155 (read
with Section 161)
|
To apply
to the District Magistrate to issue a warrant to another Magistrate for
distress of property outside the Khand or lying within the jurisdiction of
another Magistrate
|
......
|
|
158 (read
with Section 161)
|
To bring a
suit for the recovery of the dues of the Kshettra Panchayat
|
.....
|
|
159 (read
with Section 161)
|
To require
any arrears of rents being realized as arrears of land revenue
|
.....
|
|
172
|
To issue
notice to the owner or occupier of a land or building in a controlled rural
area that a drain of the Kshettra Panchayat would be carried into, through or
under such building or land
|
Appealable
|
|
174(1)
|
To permit
the emptying of a private drain into a drain of the Kshettra Panchayat
|
.....
|
|
174(2)
|
To require
any person to close, demolish, etc. the connection of a drain belonging to
himself or to some other person with a drain belonging to the Kshettra
Panchayat
|
Appealable
|
|
176
|
To
sanction the lay-out of a private street in a controlled rural area
|
Do
|
|
180
|
To require
an offender to show cause or to appear and to direct the alteration or
demolition of an unsanctioned private street
|
Do
|
|
181
|
To accord
permission for construction of projections over streets or drains in a
controlled rural area
|
Appealable
|
|
183
|
To require
removal of encroachments and projections over street and drains.
|
|
|
185
|
To permit
cutting of a tree or erection or demolition of a building, etc. where it
involves obstruction or danger or annoyance to any person using the street
|
Do
|
|
186
|
To require
cutting or trimming of hedges, etc. growing on any land bordering a street in
a controlled rural area
|
Do
|
|
187
|
To remove
accidental obstructions to a street caused by the falling of any house or
tree and to recover the cost from the owner
|
........
|
|
188
|
To require
owners or occupiers of buildings or lands abutting a street to put up and
keep in good condition proper troughs and drain-water pipes
|
Appealable
|
|
195
|
To require
a recepticle for filth situated within fifty feet of any well, tank etc. to
be removed or closed
|
Do
|
|
197
|
To fix
premises in a controlled rural area for slaughter of animals and to grant and
withdraw licences for the use of such premises
|
.......
|
|
201
|
To seize
and remove or destroy any article of food or drink or an animal intended to
be used for human consumption which is unfit for such purpose, and similarly
remove and produce before a Magistrate any spent drug
|
.....
|
|
206
|
To give
written consent for displacement or alteration by a person of a pavement,
gutter, etc. belonging to the Kshettra Panchayat, and to recover expenses
incurred by the Kshettra Panchayat from offenders.
|
|
Schedule VIII - SCHEDULE VIII
SCHEDULE VIII
(See Section 273)
AMENDMENT OF CERTAIN
ENACTMENTS AMENDMENT
1-U.P. TOWN AREAS
ACT, 1914
Section 2, after clause (16).
Add
the following as a new clause (17):
"(17)
Zila Parishad means a Zila Parishad constituted under the Uttar Pradesh
Kshettra Samitis and Zila Parishads Adhiniyam, 1961."
Section 7-A, sub-section (1).
After
clause (b) insert the following as the new clause (c)-
"(c)
has become disqualification for being a member under Section 6-K".
Section 8-A.
For
the existing sub-section (6) substitute the following:
"Notwithstanding
anything in the preceding sub-sections, the District Magistrate or any officer
nominated by him in this behalf shall, till a Committee is elected, perform the
functions of the Committee and the Chairman thereof and shall for all purposes
he deemed to be the Committee or the Chairman, as the case may be".
II-U.P. PANCHAYAT RAJ
ACT, 1947
Section 2, Clause (f).
For
the exiting clause, substitute the following:-
"(f)
'Zila Parishad' and 'Parishad' shall have the meanings assigned to them under
clause (11) of Section 2 of the Uttar Pradesh Kshettra Samitis and Zila
Parishad Adhiniyam, 1961".
Clause (q).
For
the existing clause, substitute the following:-
"(q)'
prescribed authority means-
(i) for the purpose of the provisions of this Act
mentioned in Schedule III of the Uttar Pradesh Kshettra Samitis and Zila
Parishads 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".
After clause (w).
Add
the following as a new clause (x);
"(x)
'Bhumi Prabandhak Samiti' means a Bhumi Prabandhak Samiti established or deemed
to be established under Section 28-A".
After Section 16.
The
following shall be inserted as a new Section 16-A;
"16-A.
Power to make contribution for organizations etc. outside jurisdiction - A Gaon
Panchayat may contribute such amounts for such organizations, institutions and
functions outside the jurisdiction of the Gaon Sabha as the State Government
may by general or special order permit".
After Section 19.
The
following shall be inserted as a new Section 19-A.
"19-A.
Power to require compulsory labour in certain cases -
(1) A Gaon Panchayat may by a resolution passed by a
majority of not les than two-thirds of its members for the time being direct in
respect of any work of general public utility prescribed by rule and meant
exclusively for the benefit of the Gaon Sabha which the Gaon Panchayat proposes
to undertake, that such work shall be done or constructed with manual labour of
the male members of the Gaon Sabha not above the age of 45 years, each such
member being required to render such labour in relation to the work for such
number of days as the Gram Panchayat may determine;
Provided
that such compulsory labour shall not-
(a) exceed 96 hours in a year; or
(b) extend to more than 48 days in a year or eight
hours on any day.
(2) The Gaon Panchayat may recover as arrears of land
revenue from any member of the Gaon Sabha who has not rendered in whole or part
the manual labour required of him under sub-section (1), the monetary
equivalent thereof on the basis of the rate of wages prevalent in the locality
for such labour".
Section 20.
For
the existing section the following shall be substituted:
"20.
Establishment of primary school, hospital, dispensary, road or bridge for a
group of Gaon Sabhas - Where a group of neighbouring Gaon Sabhas has no primary
school or Ayurvedic, Homeopathic or Unani Hospital or Dispensary, or it needs a
road or bridge for its common benefit, the Gaon Panchayats thereof shall, if so
directed by the prescribed authority, combined to establish and maintain such a
school, hospital or dispensary or to construct and maintain such a road or
bridge, and it shall be managed and financed in the manner prescribed. The
State Government and the District Board shall make such grants for such school,
hospital, dispensary, road or bridge as may be prescribed.
After Section 28.
Add
the following as new Section 28-A, 28-B and 28-C:
"28-A.
Bhumi Prabandhak Samiti -
(1) The Gaon Panchayat of every Gaon Sabha shall establish
a Committee to be known as the Bhumi Prabandhak Samiti (Land Management
Committee), to assist it in the discharge of its duties of up-keep, protection
and supervision of all property vested in the Gaon Sabha under Section 117 of
the U.P. Zamindari Abolition and Land Reforms Act, 1950 and all other property
vesting in it or coming into its possession under any other provision of that
Act.
Provided
that where the State Government so directs, the Gaon Panchayat shall constitute
a Bhumi Prabandhak Samiti for each such portion of the area of the Gaon Sabha
as may be specified by the State Government.
(2) The member of members of a Gaon Panchayat who shall
constitute the Bhumi Prabandhak Samiti and the manner of their election shall
be as may be prescribed.
Provided
that the Pradhan and the Up-Pradhan shall respectively be the Chairman and the
Vice-Chairman of the Bhumi Prabandhak Samiti.
Provided
that where the whole or part of the abadi of any village included in the area
of the Gaon Sabha lies within the limits of another local authority, the
Collector may, in the manner prescribed, nominate from amongst the residents of
such abadi such number of members not exceeding five for the purpose of due
representation of such village on the said Samiti and these members in addition
to the number otherwise fixed for the Samiti.
(3) The Lekhpal of the area of the Gaon Sabha shall be
the Secretary of the Bhumi Prabandhak Samiti.
(4) Until the Bhumi Prabandhak Samiti for a Gaon Sabha
has been constituted under this section, the corresponding Committee
constituted under the U.P. Zamindari Abolition and Land Reforms Act, 1950 and
functioning for the area of the Gaon Sabha immediately before the commencement
of the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961, shall
continue to exercise the powers and perform the duties conferred by this Act
upon the Bhumi Prabandhak Samiti and shall be deemed to be Bhumi Prabandhak
established under this At.
28-B.
Functions of the Bhumi Prabandhak Samiti -
(1) The Bhumi Prabandhak Samiti shall for and on behalf
of the Gaon Panchayat establishing it, 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;
(b) the preservation, maintenance and development of
forests and trees;
(c) the maintenance and development of abadi sites and
village communications;
(d) the management of hats, bazaars, and melas;
(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 Sabhas relating to or arising out of the
functions of the Samiti;
(h) Performance of functions, specifically assigned to
the 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 Gaon 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.
"28-C.
Members and officers not to acquire interest contracts, etc. with Bhumi
Prabandhak Samiti -
(1) No member or office-bearer of a Gaon 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 persons hall 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 an 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 interest in the occasional sale
through the Samiti concerned of an article in which he regularly trades up to a
value no 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)".
Section 29.
Before
the words "specified duly" add the word "other".
Section 32.
Substitute
the full-stop at the end by a colon; and
Sub-section (1).
Add
the following as provisos in the sub-section (1):
"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,
any 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 events of any difference between the Bhumi Prabandhak
Samiti on the one hand and the Gaon Panchayat or Gaon Sabha on the other about
the requirement of funds by Bhumi Prabandhak Samiti the matter shall be
referred by the Pradhan to the prescribed authority whose decision shall be
binding.
Sub-section (2).
In
clause (d) between the words "Court" and "to be" insert the
words "or required under any law".
Section 37, sub-section (1) clause (c).
For
the existing clause substitute the following:
"a
tax on theatre, cinema or similar entertainment temporarily stationed in the
area of the Gaon Sabha not exceeding five rupees per diem".
Clause (j).
Delete.
Section 95, sub-section (1).
(i) In clause (f) between the words "joint
Committee" and "or Nyaya Panchayat" wherever they occur insert a
comma and thereafter the words "Bhumi Prabandhak Samiti".
(ii) In clause (g) after the words "joint
Committee" and before the comma following them insert the words
"Bhumi Prabandhak Samiti".
Sub-section (4).
For
the words "Gaon Panchayat or Joint Committee" substitute "Gaon
Panchayat, Joint Committee or Bhumi Prabandhak Samiti".
Section 106.
For
the words "or against a member thereof or against an officer or servant of
a Gaon Sabha, Gaon Panchayat or Nyaya Panchayat", substitute the
following:
"or
Bhumi Prabandhak Samiti or against a member or officer or servant thereof or of
Nyaya Panchayat".
General
For
the term "District Board" wherever it occurs in the Act substitute
the term "Zila Parishad".
III-UTTAR PRADESH
ZAMINDARI ABOLITION AND LAND REFORMS ACT, 1950
Section 3, after clause (3).
Insert
the following as a new clause (3-A):
"(3-A)
'Circle' means any area for which a Gaon Sabha has been established under the
United Provinces Panchayat Raj Act, 1947".
Section 3, clause (6-b)
For
the words "Consolidated Gaon Samaj Fund" wherever they occur
substitute the words "Consolidated Gaon Fund".
Section 3, Clause (9).
Substitute
the following for the existing clause:
"(9)
'Gaon Fund', 'Gaon Panchayat', 'Gaon Sabha' and 'Bhumi Prabandhak Samiti (Land
Management Committee)' shall have the meaning assigned to them in the United
Provinces Panchayat Raj Act, 1947)".
Section 3, clauses (10), (10-a) and (14-a)
Delete.
Section 113 to 116.
Delete.
Section 117
Re-number
existing Section 117 as sub-section (1) and add to it the following as
subsections (2), (3) (4) and (5):
"(2)
Notwithstanding anything contained in this Act or in any other law for the time
being in force the State Government may by notification in the official Gazette
declare that as from the date to be specified all or any of the things
specified in clauses (i) to (vii) of the said sub-section which had in respect
of any part of the village included within the limits of a city, municipality,
notified area, town area or cantonment under the provisions of the Uttar
Pradesh Nagar Mahapalika Adhiniyam, 1959, United Provinces Municipalities Act,
1916, U.P. Town Areas Act, 1914, or the Cantonment Act, 1924, as the case may
be, after July 7, 1949 vested in the State under this Act shall vest in the
Gaon Sabha established for the remaining part of such village."
(3)
All Gaon Samajs constituted under this Act before its amendment by the Uttar
Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961, shall cease to
exist and any reference in any other law for the time being in force or any
notification, rule or order issued under this Act or such law or in any
contract or other document to any Gaon Samaj shall, in so far as may be, be
deemed to be a reference to the Gaon Sabha established for the area of such
Gaon Samaj.
(4)
All property, funds and rights whatsoever vesting in or belonging to and all
liabilities imposed upon any Gaon Samaj under this Act or under any other
enactment or under any contract shall subject to all conditions and incidents
attaching thereto as from the commencement of the Uttar Pradesh Kshettra
Samitis and Zila Parishads Adhiniyam, 1961, be the property funds, rights and
liabilities of the Gaon Sabha constituted for the area of the Gaon Samaj.
(5)
In all suits and proceedings in which a Gaon Samaj is a party the Gaon Sabha
constituted for the area of the said Samaj shall be and be deemed to be
substituted for the Gaon Samaj's party and shall be entitled to take all such
action as it would have been entitled to take if it had been a party to the
suit or proceeding from the very beginning".
Section 117-A
For
the existing section substitute the following:
"117-A.
Vesting of certain land in local authorities -
(1) Notwithstanding anything contained in Section 117,
the State Government may, by notification in the official Gazette, declare
that, as from the date to be specified, a thing specified in clauses (i) to
(vii) of the said section which had in any village, vested in the State under
this Act shall vest in any other local authority established for the whole of
such village.
(2) Where any land or thing of the nature specified in
clauses (i) to (vii) of subsection (1) of Section 117 has been vested in any
Gaon Sabha under sub-section (2) of that section or in any other local
authority under sub-section (1) of this section or Section 126 of the U.P.
Nagar Mahapalika Adhiniyam, 1959, such Gaon Sabha or other local authority
shall in respect of part village or whole village, as the case may be, perform,
discharge or exercise functions, duties and powers assigned, imposed or
conferred by or under this Act on a Gaon Sabha or a Land Management Committee
in respect of such land or things and the holdings area within the part of the
village or the whole village as the case may be".
Section 122, 122-A and 123-B
Delete.
Section 124
For
the existing section substitute the following:
"124.
- (1) All sums received under this Act by the Gaon Sabha, Gaon Panchayat or the
Land Management Committee shall be credited to the Gaon Fund.
(2) All
moneys which immediately before the commencement of the Uttar Pradesh Kshettra
Samities and Zila Parishads Adhiniyam, 1961, were held in the Gaon Samaj Fund,
whether actually credited to it or not before such commencement, shall stand
transferred and be credited to the Gaon Fund".
Section 125
For
the existing section substitute the following:
"125
- The funds placed by the Gaon Panchayat at the disposal of the Land Management
Committee to meet the charges in connection with the discharge of its duties or
performance of its functions under this Act shall be utilized in the manner
prescribed".
Section 125-A
For
the existing section substitute the following:
"125-A.
- (1) There shall be constituted for each district a Consolidated Gaon Fund to
which shall be credited all contributions payable, under sub-section (2).
(2) Every
Gaon Panchayat in the district shall pay to the Collector annually such
contribution not exceeding fifteen per centum of the total amount credited to
the Gaon Fund under sub-section (1) of Section 124 as may be fixed by the
Collector in the manner prescribed.
(3) All
moneys held or required to be held in the Consolidated Gaon Samaj Fund under
this section before its amendment by the Uttar Pradesh Kshettra Samitis and
Zila Parishads Adhiniyam, 1961, shall stand transferred to and be credited to
the Consolidated Gaon Fund.
(4) The
fund shall be applied to
(a) the payment of fees and allowances of the panel
lawyers appointed under Section 127-B.
(b) the payment of expenses incurred in connection with
the conduct and prosecution of suits, applications or other proceedings by or
against the Gaon Sabha or the Land Management Committee under this Act.
(c) The payment of expenditure incurred on the
development of lands of common utility; and
(d) The payment of any other sum which the State
Government may by general or special order declare to be an appropriate charge
on the fund".
Section 127-A
Delete.
Section 127-B
(i) In sub-section (1) for the "Gaon Samaj"
substitute the words "the Gram Sabhas in respect of their functions under
this Act".
(ii) For sub-section (2), the following shall be
substituted.
"(2)
A panel lawyer shall, with respect to such Gaon Sabhas in the district as may
be prescribed, be their agent for the purpose of receiving processes issued by
any Court or any authority against them in respect of their functions under
this Act and shall be deemed to be the recognized agent by whom appearances,
acts and applications under this Act or the United Provinces Land Revenue Act,
1901 or any other law relating to land tenure may be made or done on behalf of
such Gaon Sabhas".
Section 128
(i) Delete Clauses (a), (c), (e) and (i).
(ii) In clause (aa) insert the words "sub-section
(1) of" between the words "proviso to" and "Section 117".
Section 197
For
"Gaon Sabha" substitute "Land Management Committee".
General
Besides
the amendments specified above throughout the Act for the words "Gaon
Samaj", "Gaon Samaj Fund" and "Consolidated Gaon Samaj
Fund" wherever they occur, the words "Gaon Sabha", "Gaon
Fund" and "Consolidated Gaon Fund" shall respectively be
substituted.
IV-THE UTTAR PRADESH
CONSOLIDATION OF HOLDINGS ACT, 1953
Section 29-C
(i) In sub-sections (1) and (2), for "Gaon
Samaj" substitute "Gaon Sabha"; and
(ii) Add the following as a new sub-section (3):-
"(3)
All land vested in every Gaon Sabha under this Act on the commencement of the
Uttar Pradesh Kshettra Samitis and Zila Parishad Adhiniyam, 1961 shall subject
to all conditions and incidents attaching there to vest in the Gaon Sabha
constituted for the circle of the Gaon Samaj".
V-THE UTTAR PRADESH
ANTARIM ZILA PARISHAD ACT, 1958
Section 4
In
sub-section (2) for the full stop occurring at the end of clause (c) substitute
a semicolon and there after add the following as a new clause (d).
"(d)
Pramukhs or Kshettra Samitis established under the Uttar Pradesh Kshettra
Samitis and Zila Parishads Adhiniyam, 1961".
Substituted by U.P. Act No. 9 of 1994.