UTTAR PRADESH KSHETTRA PANCHAYATS AND ZILA PANCHAYATS ADHINIYAM, 1961

[1][THE UTTAR PRADESH KSHETTRA PANCHAYATS AND ZILA PANCHAYATS ADHINIYAM, 1961][2]

PREAMBLE

An Act to provide for establishment of [3][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 [4][Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961.

(2)     It extends to the whole of Uttar Pradesh.

[5][(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may specify and thereupon the operation of the Adhiniyam to such district or portion thereof shall remain suspended or withdrawn or the provisions of the Adhiniyam shall apply with the modifications so specified, as the case may be, till the notification is cancelled.]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][6] 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]

 

(7)     [8]["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][9] situated in the district;

 

(11)   "Zila Panchayat" [means][10] a Zila Panchayat [incorporated][11] 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];

 

(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][13];

 

(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;][14]

(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);][15]

(18)   [Municipal Corporation][16] means a [Municipal Corporation][17] established under the Uttar Pradesh [Municipal Corporation][18] 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)   [19][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;][20]

(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)   [21][x x x]

(32)   [22][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.][23]

(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 [24][Gram Panchayat];

(40)   [25]["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.]

CHAPTER II [26][KSHETTRA PANCHAYATS AND ZILA PANCHAYATS] KSHETTRA PANCHAYATS

Section 3 - Division of Rural Areas into Khands

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][27] 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

[28][(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.]

[29][(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.

[30][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 [31][x x x].

(3)     Each territorial constituency referred to in clause (b) of sub-section (1) shall be represented by one member.

[32][(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

[33][(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.

[34][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

[35][(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.

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.][36]

Section 7 - Pramukh and [37][x x x]

[38][(1) In every Kshettra Panchayat a Pramukh, a [39][x x x] and a [40][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 [41][x x x] may be held notwithstanding any vacancy in the office of the elected members of Kshettra Panchayat.]

[42][(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.][43]

Section 7A - Reservation of the offices of Pramukhs

[44][(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.

[45][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

[46][(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.

[47][(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][48]

Section 9 - Term of Pramukh and [49][x x x]

 [(1)][50] Save as otherwise provided in this Act the term of office of a Pramukh or [51][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][52]

[53][(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

[54][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][55] having regard to the provisions of Section 6.

 

(2)     [x x x][56]

 

(3)     [x x x][57]

Section 11 - Resignation of Pramukh, [58][x x x] or member

[59][(1) A Pramukh, [60][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, [61][x x x] or the member shall be deemed to have vacated his office][62] 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, [63][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][64], 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.][65]

Section 13 - Disqualification for membership of Kshettra Panchayat

[66][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)][67] 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.

[68][(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 [69][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 [70][x x x]

(1)     A motion expressing want of confidence in the Pramukh or any [71][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[72] of intention to make the motion in such form as may be prescribed, signed by at least half of the total number of [73][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 [74][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.][75]

(5)     [Save as provided in sub-section (4-A) and (4-B), a meeting][76] 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][77].

(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 [78][more than half] of the total number of [79][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 [80][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 [81][x x x] shall be received until after the expiration of [82][one year] from the date of such meeting.

(13)   No notice of a motion under this section shall be received within [83][two years] of the assumption of office by a Pramukh or [84][x x x], as the case may be.

Section 16 - [Removal of Pramukh or [85][x x x]

(1)     If in the opinion of the State Government the Pramukh or any [86][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 [87][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 [88][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 [89][x x x] is prima facie found to have committed financial and other irregularities, such Pramukh or [90][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 [91][x x x] removed from his officer under this section, shall not be eligible for re-election as Pramukh or [92][x x x] for a period of three years from the date of his removal.][93]

Section 17 - Establishment and incorporation of Zila Panchayat

[94][(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][95].

(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.

[96][(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

[97][(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.

[98][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 [99][x x x].

(3)   Each territorial constituency referred to in clause (b) of sub-section (1) shall be represented by one member.]

[100][(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

[101][(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.

[102][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

[103][(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.][104]

Section 19 - [Adhyaksha and [105][x x x]

(1)     In every Zila Panchayat an Adhyaksha and a [106][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 [107][x x x] may be held notwithstanding any vacancy in the office of the elected members of the Zila Panchayat.][108]

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.

[109][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.][110]

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.

[111][(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.][112]

Section 21 - Terms of Adhyaksha and [113][x x x]

Save as otherwise provided in this Act, the term of office of the Adhyaksha or the[114] [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.][115]

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][116]

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][117] 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.][118]

Section 24 - Resignation of Adhyaksha, [119][x x x] or member

[120][(1) An Adhyaksha, [121][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 [122][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, [123][x x x] or member shall be deemed to have vacated his office.][124]

Section 25 - [Filling of casual vacancy

If a vacancy occurs by reasons of death or otherwise in the office of Adhyksha, [125][x x x] or an elected member of the Zila Panchayat, it [126][shall be filed before the expiration of a period of 6 months from the date of such vacancy][127], 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 [128][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)][129] 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][130] a member of a Zila Panchayat under Section 18; or

 

(b)      has ceased to remain eligible for being chosen [x x x][131] a member [x x x][132] of the Zila Panchayat for the purposes of Section 20; or

 

(c)      has become disqualified to be Adhyaksha or [133][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, [134][x x x], Adhyaksha or [135][x x x]

(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 or Adhyaksha][136] if he is-

(i)       a member of Parliament or of the State Legislature, or

 

(ii)      Nagar Pramukh or [137][x x x] of a [Municipal Corporation][138], or

 

(iii)     President or vice-president of a [Municipality][139], or

 

(iv)    Chairman of a Town Area Committee or President of a Notified Area Committee.

(b)      if a person after his election as [Pramukh or Adhyaksha][140] 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][141] and a casual vacancy shall thereupon occur in the office of [Pramukh or Adhyaksha][142] as the case may be.

(c)      no question or dispute as to whether a person has ceased to hold the office of Adhyaksha or [143][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 or Adhyaksha][144] 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 or Adhyaksha][145] 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 or Adhyaksha][146] and a casual vacancy shall thereupon occur in the office of [Pramukh or Adhyaksha][147] 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.][148]

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.][149]

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 [150][x x x] of a Kshettra Panchayat if he is a member, Adhyaksha or [151][x x x] of the Zila Panchayat; and

(b)      a member, Adhyaksha or [152][x x x] of the Zila Panchayat if he is a member, Pramukh or [153][x x x] of a Kshettra Panchayat.

(2)     A person shall cease to hold the office of member, Pramukh or [154][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 [155][x x x] of the Zila Panchayat with effect from the date of such election to the office of member, Adhyaksha or [156][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.][157]

Section 28 - Motion of no-confidence in Adhyaksha or [158][x x x]

(1)     A motion expressing want of confidence in the Adhyaksha or [x x x][159] 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[160] 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][161] 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][162] 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][163] 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][164] at least ten days notice of the next meeting in the manner prescribed under sub-section (3).][165]

(5)     [Save as provided in sub-section (4-A) and (4-B) a meeting[166] 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.][167]

(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 [more than half][168] of the total number of [elected members][169] 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 [170][or the [x x x][171]], 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 [172][or the [x x x][173]], as the case may be, shall be received until after the expiration of [one year][174] from the date of such meeting.

(13)   No notice of a motion under this section shall be received within [two years][175] of the assumption of office by an Adhyaksha [176][or the [xxx][177]], as the case may be.

Section 29 - Removal of Adhyaksha or [178][x x x]

(1)     If in the opinion of the State Government the Adhyaksha or the [x x x][179] 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][180] the State Government, after giving the Adhyaksha or [x x x][181], 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][182].

[183][Provided that where in an enquiry held by such person and in such manner as may be prescribed. An Adhyaksha or [184][x x x] is prima facie found to have committed financial and other irregularities such Adhyaksha or [185][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][186]

(3)     An Adhyaksha or [x x x][187], removed from his office under this section, shall not be eligible for election as Adhyaksha or [x x x][188] 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][189]

CHAPTER III POWERS AND FUNCTIONS OF [190][KSHETTRA PANCHAYATS AND ZILA PANCHAYATS]

Section 31 - exercise of Powers and performance of functions under the Act

(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.

[191][(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.]