The UNITED PROVINCES PANCHAYAT RAJ ACT
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act2 THE UNITED PROVINCES PANCHAYAT RAJ ACT, 19471 [ U. P. ACT No. XXVI of 1947 ] Amended by U.P. Act No. X of 1950 U.P. Act No. VI of 1952 U.P. Act No. XVIII of 1952 U.P. Act No. VI of 1954 U.P. Act No. II of 1955 U.P. Act No. 19 of 1957 U.P. Act No. 15 of 1960 U.P. Act No. 3 of 1961 U.P. Act No. 33 of 1961 U.P. Act No. 9 of 1962 U.P. Act No. 20 of 1963 U.P. Act No. 10 of 1965 U.P. Act No. 20 of 1966 U.P. Act No. 14 of 1968 President Act No. 38 of 1968 U.P. Act No. 6 of 1969 U.P. Act No. 19 of 1970 U.P. Act No. 18 of 1971 U.P. Act No. 31 of 1972 U.P. Act No. 3 of 1973 U.P. Act No. 37 of 1978 U.P. Act No. 27 of 1989 U.P. Act No. 17 of 1990 U.P. Act No. 09 of 1994 U.P. Act No. 21 of 1995 U.P. Act No. 29 of 1995 U.P. Act No. 21 of 1998 U.P. Act No. 27 of 1999 U.P. Act No. 33 of 1999 U.P. Act No. 22 of 2000 U.P. Act No. 24 of 2001 U.P. Act No. 12 of 2004 U.P. Act No. 44 of 2007 U.P. Act No. 6 of 2017 ββββββββββββββββββββββββββββββββββββββββββ 1. For statement of objects and reasons see Gazette, Extraordinary, dated August 8, 1946. [The United Provinces Panchayat Raj Act, 1947] 4 [Passed by the United Provinces Legislative Assembly on June 5, 1947, and by the United Provisions Leg islative Counci l on September 16, 1947. Received the assent of the Gove rnor General of the Dominion of India on December 7, 1947, under section 76 of the Government of India Act, 1935, and was published in the United Provinces Government Gazette, dated December 27, 1947.] AN ACT to establish and develop local self -government on the rural areas of the United Provinces. WHEREAS it is expedient to establish and develop local self - government in the rural areas of the United Provinces and to make better provision for vil lage administration and development; It is hereby enacted as follows : CHAPTER I Preliminary Short title, extent and commencement 1. (1) This Act may be called the Uttar Pradesh Panchayat Raj Act, 1947. (2) It shall extend to the whole of the United Provinces except the area, which has been, or may hereafter be, declared as, or included in 1 [a city under the Uttar Pradesh, Nagar Mahapalika Adhiniyam, 1959, or] a municipality 2 (or) notified area under the provisions of the United Provinces Municipalit ies Act, 1916, or as a cantonment under the provisions of the Cantonments Act, 1924, or as a town area under the United Provinces Town Areas Act, 1914. 3[ x x x ] (3) It shall come into force at once. Definitions 2. In this Act, unless there is anything r epugnant in the subject or conext, β 4(a) [ x x x ] (b) ββadultββ means a person who has 5[attained the age of twenty-one years.]; 6[(bb) ββbackward clas sesββ means the backward classes of citizens specified in Schedule -I of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994.] 4(c) [ x x x ] ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 2 (a) of U.P. Act No. 37 of 1978. 2. Subs. by sub-section (2) of section 2 of U.P. Act No. II of 1955. 3. Del. by sec. 2 (b) of U.P. Act no. 37 of 1978. 4. Omitted by sec. 2 of U.P. Act No. 6 of 2017. 5. Subs. by sec. 3 (1) of U.P. Act No. II of 1955. 6. Ins. by sec. 3 (a) of U.P. Act No. 9 of 1994. [The United Provinces Panchayat Raj Act, 1947] 6 1(d) [ x x x ] 2[(e) ββCollectorββ or ββDistrict Magistrateββ or ββSub -divisional Magistrateββ, with references to a Gaon Sabha, means th e Collector, District Magi strate or Sub -Divisional Magistrate of the district or the s ub-division, as the case may be, in which such Gram Sabha is constituted and shall respectively include Additional Collector, Additional District Magistrate and Additional Sub-Divisional Magistrate]; 3 [(ee) βElectoral Registration Officerβ means an officer designated or nominated or such by the State Election Commission in consultation with the State Government for preparing and revising the electoral rolls in a district; (eee) βAssistant Elec toral Registration Officerβ means a person appointed as such by the Electoral Registration Officer for one or more Panchayat areas.] 4[(f) βZila Panchayatβ shall have the meaning assigned to it under clause (II ) of section 2 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961. (g) βGram Sabhaβ means a body established under section 3, consisting of persons registered in the electoral rolls relating to a village comprised within the area of a Gram Panchayat ; (h) βGram Panchaya tβ means the Gram Panchayat established under section 12;] 5[(hh) βFinance Commissionβ means the Finance Commi - ssion constituted under Article 243-I of the Constitution; (hhh) βKshettra Panchayatβ shall have the meaning assigned to it under clause (6) of section 2 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961;] 6[(i) ββElectoral Registration Officerββ means an officer so nominated or designated under sub-section (1) of section 9]; (j) 7[ x x x ] (k) 1(x x x) 8 [(kk) βState Election Commissionβ means the State Election Commission referred to in Article 243-K of the Constitution; 9[(kkk) βMukhya Nirvachan Adhikari (Panchayat)β means as officer of the State Government appointed, designated or nominated as such by the State Election Commission in consultation with the State Government;] 8(l) βpopulationβ means the population as uncertained at the last proceeding cencus of which the relevant figures have been published; 8(ll) βPanchayat areaβ means the territorial ar ea of a Gram Panchayat declared as such under sub -section (I) of section 11-F;] ββββββββββββββββββββββββββββββββββββββββββ 1. Omitted by sec. 2 of U.P. Act No. 6 of 2017. 2. Add., and be deemed always to have been add. by sub-section (2) (i) of U.P. Act no. XIX of 1957. 3. Ins. by sec. 2 of U.P. Act No. 12 of 2004. 4. Subs. by sec. 3(b) of U.P. Act No. 9 of 1994. 5. Ins. by sec. 3(c) of U.P. Act No. 9 of 1994. 6. Subs. by sec. 3(b) of U.P. Act No. 37 of 1978. 7. Del. by sec. 3(3) of U.P. Act No. II of 1955. 8. Subs. by sec. 3(d) of U.P. Act No. 9 of 1994. 9. Ins. by sec. 2 of U.P. Act No. 21 of 1995. [The United Provinces Panchayat Raj Act, 1947] 8 U.P. Act III of 1901 (m) 1[ x x x] U.P. Act No. I of 1951 2 [(mm) ββPublic propertyββ and ββpublic landββ means any public building, park or garden or other place to which for the time being the public have or are permitted to have access whether on payment or otherwise]; (n) ββpublic servantββ means a public servant as defined in section 21 of the Indian Penal Code, 1860; (o) ββpublic streetββ means any road, street, bridge, lane, square, court, alley or passage which the public has a right to pass along, and in cludes on either side the drains or gutters and the land up to the defined boundary of any abutting property notwithstanding any projection over such land of any verandah or other superstructure; 3[but does not include any such road, street, bridge, lane, square, court, alley or passage owned, maintained or repaired by the State Government or the Central Government or any other local authority] (p) ββprescribedββ means prescribed by this Act or rules made thereunder; 4[(q) βPrescribed authorityβ means : (i) for the purposes of the provisions of this Act mentioned in Schedule III of the 5[Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adh iniyam, 1961], the Zila Panchayats or the Kshettra Panchayats , as may be specified in column 3 of that Schedule, and (ii) in respect of any other provisions of this Act the authority notified as such by the State Government whether generally or for any particular purpose;] (r) 6[ x x x ] (s) 7[ x x x ] 8 [(ss) ββSub -Divisional Officerββ includes Additional Sub- Divisional Officer designated or appointed as such by the appropriate authority] (t) ββvillageββ means any local area, recorded as a village in the revenue records of the district in which it is situate 9[and includes any area which the State Governm ent may by general or special order, declare to be a village for the purposes of this Act.] ββββββββββββββββββββββββββββββββββββββββββ 1. Del. by sec. 3(d) of U.P. Act No. 37 of 1978. 2. Added by sub-section (5) of section 3 of U.P. Act No. II of 1955. 3. Added by sub-section (6) of section 3 of U.P. Act No. II of 1955. 4. Subs. by Schedule VIII (II) of U.P. Act No. 33 of 1961. 5. Subs. by sec. 3(e) of U.P. Act No. 9 of 1994. 6. Del. by sub-section (7) of section 3 of U.P. Act No. II of 1955. 7. Omitted by sec. 2 of U.P. Act No. 6 of 2017. 8. Add. by section 2(2) of U.P. Act No. 19 of 1957. 9. Added by sub-section (9) of section 3 of U.P. Act No. II of 1955. [The United Provinces Panchayat Raj Act, 1947] 10 (u) 1[ x x x ] (v) 1[ x x x ] (w) 2[ x x x ] 3[(x) ββBhumi Prabandhak Samitiββ means a Bhumi Praban - dhak Samiti established deemed to be established under section 28-A] CHAPTER II Establishment and Constitution of Gram Sabhas Gram Sabha 4[3. (1) The State Government shall, by notification in the official Gazet te, es tablish a Gram Sabha for a village or group of villages by such name as may be specified : Provided that where a Gram Sabha is established for a group of villages, the same of the village having the largest population shall be specified as the name of the Gram Sabha.] 5 [(3-A) Notwithstanding anything contained in any other provisions of this Act, when, due to unavoidable circumstances or in public interest, it is not pr acticable to hold an election to constitute a Gram Panchayat before the expiry of its duration, the State Government or an officer authorised 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 Gram 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 Gram Panchayat, its Pradhan and Committees shall vest in and he exercised, performed and discharged by such Administrative Committees or the Administrator, as the case may be.] 4. 6[ x x x ] 5. 6[ x x x ] 7[CHAPTER II-A Disqualifications of members of Gram Panchayat and electoral rolls etc.] Disqualification for membership 8[5-A. A person shall be disqualified for being chosen as, and for being a member of a Gram Panchayat, if heβ (a) in so disqualified by or under any law for the time being in force for the purposes of elections to the State Legislature : ββββββββββββββββββββββββββββββββββββββββββ 1. Del. by sub-section (10) of section 3 of U.P. Act No. II of 1955. 2. Del. by sub-section 3(c) of U.P. Act No. 37 of 1978. 3. Subs. by schedule VIII (ii) of U.P. Act No. 33 of 1961. 4. Subs. by sec. 4 of U.P. Act No. 9 of 1994. 5. Ins. by sec. 2 of U.P. Act No. 22 of 2000. 6. Omit. by sec. 5 of U.P. Act No. 9 of 1994. 7. Ins. by sec. 6 of U.P. Act No. 9 of 1994. 8. Subs. by sec. 7 of U.P. Act No. 9 of 1994. [The United Provinces Panchayat Raj Act, 1947] 12 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 age of twenty-one years ; (b) is a salaried servant of the Gram Panchayat 1[x x x]; (c) holds any offices of profit under a Stat e Government or the Central Government or a 2[local authority, other than a Gram Panchayat 3[x x x] or a Board, Body or Corporation owned or controlled by State Government or the Central Government]; (d) has been dismissed from the service of a State Government, the Central Government or a local authority 4[x x x] for misconduct; (e) In arrears of any tax, fee, rate or any other dues payable by him to the Gram Panchayat, Kshettra Panchayat or Zila Panchayat for such period as may be prescribed, or has, in spite of being required to do so by the Gram Panchayat, Nyaya Panchayat, Kshettra Panchayat or Zila Panchayat failed to deliver to it any recored or property belonging to it which had come into his possession by virtue of his holding any office under it ; (f) is an undischarged insolvent; (g) has been convicted of an offence involving moral turpitude; (h) has been sentenced to imprisonment for a term exceeding three months for contravention of any order made under the Essential Commodities Act, 1955; (i) has been sentenced to imprisonment for a term exceeding six months or to transportation for contravention of any order made under the Essential Supplies (Temporary Powers) Act, 1946 or the U.P. Control of Supplies (Temporary Powers) Act, 1947; (j) has been sentenced to imprisonment for a term exceeding three months under the U.P. Excise Act, 1910; (k) has been convicted of an offence under the Narcotic Drugs and Psychotrapic Substances Act, 1985; (l) has been convicted of an election offence; (m) has been convicted of an offence under the U.P. Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955; or (n) has been removed from office under sub -clause (iii) or (iv) of clause (g) of sub -section (1) of section 9 5 unless such period as has been provided in that behalf in the said section or such lesser period as the State Government may have ordered in any particular case, has elasped : ββββββββββββββββββββββββββββββββββββββββββ 1. Omit. by sec. 3(a) of U.P. Act No. 6 of 2017. 2. Subs. by sec. 2 of U.P. Act No. 21 of 1998. 3. Omit. by sec. 3(b) of U.P. Act No. 6 of 2017. 4. Omit. by sec. 3(c) of U.P. Act No. 6 of 2017. [The United Provinces Panchayat Raj Act, 1947] 14 Provided that the period of disqualification under clauses (d), (f), (g), (h), (i), (j), (k), (l) or (m) shall be five years from such date as may be prescribed : Provided further that the disqualification under claus e (e) 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.] 1 5-B. 2[ x x x ] Cessation of membership 3[6. (1) A 4[member of a Gram Panchayat] shall cease to be such member if the entry relating to that member is deleted from the electoral 5[roll for a territorial constituency of Gram Panchayat]]. 6[(2) Where any person ceases to be a member of a 7[Gram Panchayat] under sub-section (1) he shall also cease to hold any office to which he may have been elected, nominated or appointed by reasons of his being a member thereof.] Decision on question as to disqualifications 8[6-A. If any question arises as to whether [a person has become subject to any disqualification mentioned in sections 5 -A] or in sub -section (1) of section 6, the question shall be referred to the prescribed authority for the decision and his decision shall, subject to the result of any appeal as may be prescribed, be final.] 7. 9[ x x x ] Effect of change in population or inclusion of the area of a 10[Gram Panchayat] in municipalities etc. 8. If the whole of the area of a 10[Gram Panchayat] is included in a 11[city, municipality], cantonment notified area or town area, the 11[Gram Panchayat] shall cease and its assets and liabilities shall be disposed of in the manner prescribed. If a part of such area is so included, its jurisdiction shall be reduced by that part. Electoral roll for each territorial constituency 12 [9. (1) For each territorial constituency of a 11[Gram Panchayat], an electoral roll shall be prepared, in accordance with the provisions of this Act, 13 [and the rule made the re] under the superintendents, direction and control of the State Election Commission. 14[(1-A) Subject to the superintendence, direction and control of the State Election Commission, the Mukhya Nirvachan Adhikari (Panchayat) shall supervise and perform a ll function relating to the preparation, revision and correction of the electoral roll in the State in accordance with this Act and the rules made thereunder. ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 7 of U.P. Act No. 9 of 1994. 2. Omit. by sec. 8 of U.P. Act No. 9 of 1994. 3. Subs. by sec. 3 of U.P. Act No. 6 of 1969. 4. Subs. by sec. 9(a)(i) of U.P. Act No. 9 of 1994. 5. Subs. by sec. 9(a)(ii) of U.P. Act No. 9 of 1994. 6. Subs. by sec. 7 of U.P. Act No. 2 of 1955. 7. Subs. by sec. 9(b) of U.P. Act No. 9 of 1994. 8. Subs. and del. by section 4 of U.P. Act No. 6 of 1969. 9. Deleted by section 9 of U.P. Act No. II of 1955. 10. Subs. by sec. 10 of U.P. Act No. 9 of 1994. 11. Subs. by section 5 of U.P. Act No. 37 of 1978. 12. Subs. by section 11 of U.P. Act No. 9 of 1994. 13. Subs. by sec. 4(a) of U.P. Act No. 21 of 1995. 14. Ins. by sec. 4(b) of U.P. Act No. 21 of 1995. [The United Provinces Panchayat Raj Act, 1947] 16 (I-B) The preparation revision and correction of the electoral rolls shall be done by such persons, and in such manner, as may be prescribed.] 1 (2) The electo ral roll referred to in sub -section (1) shall be published in the prescribed manner and upon its publication it shall, subject to any alteration, addition or modification made 2 [in accordance with this Act, and the rule made there under] be the electoral roll for that territorial constituency prepared in accordance with the provisions of this Act. (3) Subject to the provisions of sub -sections (4), (5), (6) and (7) every person who has attained the age of 18 years on the first day of January of the year in which the electoral roll is prepared or revised and who is ordinarily resident in the territorial constituency of a Gram Panchayat shall be entitled to be registered in the electoral roll for that territorial constituency. Explanationβ (i) A person shall not be deemed to be ordinarily resident in the territorial constituency on the ground ony that be owns, or is in possession of, a dwelling house therein. (ii) A person absenting himself temporarily from his place of ordinary residence shall not by re ason thereof cease to be ordinarily resident therein. (iii) A member of Parliament or of the Legislature of the State shall not, during the term of his office, cease to be ordinarily resident in the territorial constituency merely by reason of his absenc e from that area in connection with his duties as such member. (iv) Any other factor that may be prescribed shall be taken into consideration for deciding as to what persons may or may not be deemed to be ordinarily residents of a particular area at any relevant time. (v) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case. (4) A person shall be disqualified for registration in an electoral roll, if heβ (a) is not a citizen of India ; or (b) is of unsound mind and stands so declared by a competent court ; or (c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and o ther offences in connection with elections. (5) The name of any person who becomes disqualified under sub-section (4) after registration shall forthwith be struck off the electoral roll in which it is included : Provided that the name of any person str uck off the electoral roll by reason of any such disqualification shall forthwith be reinstated in that roll, if such disqualification is, during the period such roll is in force, removed under any law authorising such removal. ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 4(b) of U.P. Act No. 21 of 1995. 2. Subs. by sec. 4(c) of U.P. Act No. 21 of 1995. [The United Provinces Panchayat Raj Act, 1947] 18 (6) No person shall be entitled to be registered in the electoral roll for more than one territorial constituency or more than once in the electoral roll for the same territorial constituency. (7) No person shall be entitled to be regis tered in the electoral roll for any territorial constituency if his name is entered in any electoral roll pertaining to any city, municipality or cantonment unless he shows that his name has been struck off such electoral roll. (8) Where the 1 [Electoral Registration Officer or Assistant Electoral Registration Officer] is satisfied after making such inquiry as it may deem fit, whether on an application made to it or on its own motion, that any entry in the electoral roll should be corrected or deleted or that the name of any person entitled to be registered should be added in the electoral roll, it shall, subject to the provisions of this Act and rules and orders made thereunder, correct, delete or add the entry, as the case may be : Provided that no such correction, deletion or addition shall be made after the last date for making nominations for an election in the Gram Panchayat and before the completion of that election : Provided further that no deletion or correction of any entry in respect of any p erson affecting his interest adversely shall be made without giving him reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. (9) The State Election Commission may, if it thinks it necessary so to do for the purposes of a general or by -election, direct a special revision of the electoral roll for any territorial constituency of a Gram Panchayat in such manner as it may think fit : Provided that subject to the other provisions of this Act, the electoral roll for the territorial constituency, as in force at the time of issue of any such direction, shall continue to be in force until the completion of the special revision so directed. (10) 2[In so far as provision is not made by this Act or the rules the S tate Election Commission ] may by order, make provisions in respect of the following matters concerning the electoral roll, namelyβ (a) the date on which the electoral roll prepared under this Act shall come into force and its period of operation; (b) the correction of any existing entry in the electoral roll on the application of the elector concerned; (c) the correction of electoral or printing errors in electoral roll ; (d) the inclusion in the electoral roll of the name of any personβ (i) whose name in included in the Assembly electoral roll for the area relatable to the territorial constituency but is not inclued in the electoral roll for that territorial constituency or whose name has been wrongly included in the electoral roll for some other territorial constituency, or ββββββββββββββββββββββββββββββββββββββββββ 1 . Subs. by sec. 3 of U.P. Act No. 12 of 2004. 2. Subs. by sec. 4(d) of U.P. Act No. 21 of 1995. [The United Provinces Panchayat Raj Act, 1947] 20 (ii) whose name is not an included in the Assembly electoral roll but who is otherwise qualified to be registered in the electoral roll for the territorial constituency; (e) the custody and preservation of the electoral roll ; (f) fees payable on applications for inclusion or exclusion of names ; (g) generally all matters relating to the preparation and publication of the electoral roll. (11) Notwithstanding anything contained in the foregoing sub - sections, the State Election Commission may, for the purposes of preparation of the electoral roll for a territorial Constituency adopt the electoral roll for the Assembly cons tituency prepared under the Representation of the People Act, 1950 for the time being in force so far as it relates to the area of that territorial constituency : Provided that the electoral roll for such territorial constituency shall not include any am endment, alteration or correction made after the last date for making nomination for the election of such constituency and before the completion of such election. (12) No civil court shall have jurisdictionβ (a) to entertain or adjudicate upon the ques tion whether any person is or is not entitled to be registered in an electoral roll for a territorial constituency ; or (b) to question the legality of any action taken by or under the authority of the State Election Commission 1[or of any decision given by any authorities or office appointed in this behalf] in respect of preparation and publication of electoral rolls. Right to vote etc. 9-A. Except as otherwise provided by or under this Act, every person whose name is for the time being included in the electoral roll for a territorial constituency 2[of a Gram Panchayat] shall be entitled to vote at any election and be eligible for election, nomination or appointment to any office in the Gram Panchayat 3[ x x x ] : [Provided that a person who has not co mpleted the age of twenty-one years shall not be qualified to be elected as a member or office bearer of the Gram Panchayat.] 4 ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by section 4 (e) of U.P. Act No. 21 of 1995. 2. Ins. by section 5(a) of U.P. Act No. 21 of 1995. 3. Omit. by section 4 of U.P. Act No. 6 of 2017. 4. Subs. by section 11 of U.P. Act No. 9 of 1994. [The United Provinces Panchayat Raj Act, 1947] 22 Removal of difficulty in the establishment of Gram Sabha and in the working of a Gram Panchayat 10. If in establishing a Gram Sabha or in the working of a Gram Panchayat, any dispute or difficu lty arises regarding the interpretation of any provision of this Act or any rule made thereunder or any matter arising out of or relating to such interpretation or any matter not provided in this Act, the same shall be referred to the State Government whos e decision thereon shall be final and conclusive. CHAPTER III The Gram Sabha Its Meetings and Functions 1[Meeting and functions of Gram Sabha] 2[11. (1) Every Gram Sabha shall hold two general meetings in each year, one soon after harvesting of the kharif crop (hereinafter called the kharif meeting) and the other soon after harvesting of the rabi crop (hereinafter called the rabi meeting 3[which shall be presided over by the Pradhan of the concerned Gram Panchayat]) : Provided that the Pradhan at any time may, or upon a requisition in writing by the prescribed authority or by not less than one-fifth of the number of the members shall, within thirty days from the receipt of such requisition, call an extraordinary general meeting. The time and pla ce of a ll the meetings of the Gram Sabha shall be published in the prescribed manner : Provided further that where the Pradhan fails to call a meeting as aforesaid the prescribed authority may do so within a period to be prescribed. (2) For any meeting of the Gram Sabha one-fifth of the member of members shall form the quorum; provided that no quorum shall be necessary for a meeting adjourned for want of quorum. 4[(3) The Gram Sabha shall consider the following matters and may make recommendations and suggestions to the Gram Panchayat,β (a) the annual statement of accounts of the Gram Panchayat, the report of administration of the proceeding financial year and the last audit note and replies, if any, made thereto ; (b) the report in respect of development programmes of the Gram Panchayat relating to the preceeding year and the development programmes proposed to be undertaken during the current financial year; (c) the promotion of unity and harmony among all sections of society in the village ; (d) programmes of adult education within the village ; (e) such other matters as may be prescribed. ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by section 12(a) of U.P. Act No. 9 of 1994. 2. Subs. by section 11 of U.P. Act No. 2 of 1955. 3. Ins. by section 12(b) of U.P. Act No. 9 of 1994. 4. Ins. by section 12(c) of U.P. Act No. 9 of 1994. [The United Provinces Panchayat Raj Act, 1947] 24 (4) the Gram Panchayat shall give due consideration to the recommendations and suggestions of the Gram Sabha. (5) The Gram Sabha shall perform the following functions namely :β (a) Mobilising voluntary labour and contributions for the community welfare programmes ; (b) Identification of beneficiaries for the imp lementation of development schemes pertaining to the village; (c) Rendering assistance in the implementation of development schemes pertaining to the village.] 1[CHAPTER III-A Gram Panchayats] Pradhan and 2[x x x] of Gram Panchayat 3[11βA 4[(1) There shall be a Pradhan 2[x x x] of the Gram Panchayat who shall be the Chairperson thereof.] (2) The State Government shall, by order, reserve offices of Pradhans for the Scheduled Castes, the Scheduled Tribes and the backward classes : Provided that the number of offices of Pradhanas reserved for the Scheduled Castes, the Scheduled Tribes and the backward classes in the State shall bear, as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or of the backward classes in the State bears in the total population of the State : Provided further that the reservation for the backward classes shall not exceed twenty-seven per cent of the total number of offices of Pradhans. 5 [Provided also that if the figures of population of the backward classes are not available, their population may be determined by carrying out a survey in the prescribed manner.] (3) Not less than one -third of the tot al number of offices of Pradhans reserved under sub -section (2) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes. (4) Not less than one -third of the total number of offices of Pradhans, including the number of office of Pradhans reserved under sub-section (3), shall be reserved for women. ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by section 13 of U.P. Act No. 9 of 1994. 2. Omit. by section 2 of U.P. Act No. 44 of 2007. 3. Subs. by section 14 of U.P. Act No. 9 of 1994. 4. Subs. by section 3 of U.P. Act No. 44 of 2007. 5. Ins. by section 6 of U.P. Act No. 21 of 1995. [The United Provinces Panchayat Raj Act, 1947] 26 (5) The offices of the Pradhans reserved under this sectio n shall be allotted by rotation to different Gram Panchayats in such order as may be prescribed. (6) The reservation of the offices of Pradhans for the Scheduled Castes and the Scheduled Tribes under this section shall cease to have effect on the expirat ion of the period specified in Article 334 of the Constitution. Explanation :β It is clarified that nothing in this section shall prevent persons belonging to the Scheduled Castes, the Scheduled Tribes the backward classes and the women from contesting election to unreserved seats.] 1 Election of Pradhans 2[11-B (1) The Pradhan of the Gram Panchayat shall be elected by the persons registered in the electoral rolls for the territorial constituencies of the Panchayat area from amongst themselves. (2) I f at any general election to a Gram Panchayat, the Pradhan is not elected, and less than two -thirds of the total member of Gram Panchayat are elected, the State Government or an officer authorised by it in this behalf may, by order, either appoint. (i) an Administrative Committee consisting of such number of persons qualified to be elected as members of the Gram Panchayat, as it may consider proper, or (ii) an Administrator. (3) The members of the Administrative Committee or the Administrator shall ho ld office for such period not exceeding six months as the State Government may specify in the order referred to in sub-section (2). (4) On the appointment of an Administrative Committee or an Administrator under sub -section (2), the person, if any, chose n as Pradhan or member of the Gram Panchayat before such appointment shall cease to be such Pradhan or member, as the case may be, and all powers, functions and duties of the Gram Panchayat, its Pradhan and Committees shall vest in an be exercised performe d and discharged by such Administrative Committee or the Administration as the case may be. (5) The Administrative Committee or the Administrator shall be deemed to be duly constituted Gram Panchayat for the purposes of this Act : Provided that if at a ny time after the appointment of the Administrative Committee or the Adminisrator under sub -section (2), the State Government is satisfied that there is no difficulty in duly constituting the Gram Panchayat the State Government may, notwithstanding that th e period for which the Administrative Committee or the Administrator had been appointed has not expired direct the State Election Commission for holding the elections for constituting the Gram Panchayat. ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by section 14 of U.P. Act No. 9 of 1994. 2. Subs. by section 15 of U.P. Act No. 9 of 1994. [The United Provinces Panchayat Raj Act, 1947] 28 (6) Except as otherwise provided in this act, the term of office of Pradhan shall be coterminus with the term of the Gram Panchayat. 11-C. 1[ x x x ] Prohibition of holding certain offices simultaneously 2[11-D. No person shall simultaneouslyβ (a) be the Pradhan of a Gram Panchayat or 3[ x x x ] ; (b) be a member of a Gram Panchayat for more than one territorial constituency, 3[ x x x ] ; or (c) be a member of a Gram Panchayat 3[ x x x ]; (d) hold any office in more than one Gram Panchayat 3[ x x x ] ; and the rules may provide for the vacation of all but one office by any person chosen to fill offices which he cannot hold simultaneously]. Further bar on holding two offices simultaneoulsy [11-E. (1) A person shall be disqualified for being elected to or holding the office of Pradhan or member of Gram Panchayat 4[ x x x ], if he isβ (a) a member of Parliament or of the State Legislature, or 5 [(b) member, Pramukh or Up -Pramukh of a Kshettra Panchayat ; or (c) member, Adhyaksha or Upadhyaksha of a Zila Panchayat;] (d) Adhyaksha or Upadhyaksha of any co-operative society; (2) A person shall cease to hold the Office of Pradhan or member of the Gram Panchayat 6[ x x x ] , as the case may be, if subsequently he is elected to any of the offices mentioned in clauses (a) to (d) of sub -section (1) with effect from the date of such subsequent election and a c asual vacancy shall thereupon occur in the office of such Pradhan or member or Panch, as the case may be.] ββββββββββββββββββββββββββββββββββββββββββ 1. Omit. by section 4 of U.P. Act No. 44 of 2007. 2. Subs. by section 17 of U.P. Act No. 9 of 1994. 3. Omit. by section 5 of U.P. Act No. 6 of 2017. 4. Omit. by section 6(a) of U.P. Act No. 6 of 2017. 5. Subs. by section 3(a) of U.P. Act No. 29 of 1995. 6. Omit. by section 6(b) of U.P. Act No. 6 of 2017. [The United Provinces Panchayat Raj Act, 1947] 30 1 [(3) Notwithstanding anything in this Act, if in the first elections held af ter the commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994 to constitute Panchayats at the village khand and district levels, a person is chosen member of Panchayats at two or more levels, he shall submit his resignation from all but on e of these seats within sixty days of the date of the declaration of the results of elections, or if the declaration of the results of elections in respect of the Panchayats at the said two or more levels has been made on different dates, within sixty days of the last of such dates and in the event of failure to so resign seats in all the Panchayats except the seat in the highest level amongst the Panchayats to which he has been elected shall be deemed vacant.] Declaration of Panchayat area 2[11-F. (1) The State Government may, by notification, declare any area comprising a village of group of villages, having, so far as practicable a population of one thousand, to be a Panchayat area for the purposes of this Act by such name as may be specified : Provided that for the purpose of declaration of a Panchayat area no revenue village or any hamlet thereof shall be divided : 3[Provided further that in the hill districts of Nainital, Almora Pithoragarh, Tehri, Pauri, Dehradun, Chamoli or Uttarkashi, the State Government may declare the area of a Gaon Sabha established under section 3 of this Act as it stood before the commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994, to be a Panchayat area though such area may have population of less than one thousand.] (2) The State Government may, on the request of the Gram Panchayat concerned of otherwise, and after previous publication of the proposal, by notification at any time β (a) modify the area of any Panchayat area by including therein or excluding therefrom any area of a village or group of villages; (b) after the name of the Panchayat area; or (c) declare that any area shall cease to be a Panchayat area. Gram Panchayat 4[12. (1) (a) There shall be established, for every Panchayat area, a Gram Pranchayat hearing the name of the Panchayat area. (b) Every Gram Panchayat shall be a body corporate. (c) A Gram Panchayat shall consist of a Pradhan and, in the case of a Panchayat area having a population ofβ (i) 5[up to one thousand], nine members; ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by section 3(b) of U.P. Act No. 29 of 1995. 2. Subs. by section 17 of U.P. Act No. 9 of 1994 3. Subs. by section 7 of U.P. Act No. 21 of 1995. 4. Subs. by section 17 of U.P. Act No. 9 of 1994 5. Subs. by section 8(a) of U.P. Act No. 21 of 1995 [The United Provinces Panchayat Raj Act, 1947] 32 (ii) more than o ne thousand but not more than two thousand, eleven members; (iii) more than two thousand but not more than three thousand, thirteen members; or (iv) more than three thousand, fifteen members. (d) For the purpose of election of members of Gram Panchay at every Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the member of seats allotted to it shall so far as practicable be the same throughout the Panchayat area. (e) Each territorial constituency of a Gram Panchayat shall be represented by one member in the Gram Panchayat. 1[(f) The territorial constituencies of a Gram Panchayat may be delimitated in the prescribed manner and, if necessary, rules in the regard may be made with retrospective effect from a date not earlier than the date of commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994] (2) 2[x x x ] (3) (a) A Gram Panchayat shall, unless sooner dissolved under clause (f) of sub -section (1) of section 95, continue for five years from the date appointed for its first meeting and no longer; (b) An election to constitute a Gram Panchayat shall be completed β (i) before the expiry of its duration specified in clause (a) ; (ii) before the expiration of a period of six months from the date of its dissolution : Provided that where the remainder of the period for which the dissolved Gram Panchayat would have continued is less than six months. It shall not be necessary to hold any electio n under this sub- section for constituting the Gram Panchayat. (c) A Gram Panchayat constituted upon the dissolution of a Gram Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Gram Panchayat would have continued under clause (a) had it not been so dissolved. (d) The constitution of a Gram Panchayat shall be notified in such manner as may be prescribed and thereupon the Gram Panchayat shall be deemed to have been duly constituted, any vacancy therein not withstanding : Provided that the constitution of a Gram Panchayat shall not be so notified till the Pradhan and at least two -thirds of the members of the Gram Panchayat have been elected. ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by section 8a(ii) of U.P. Act No. 21 of 1995 2. Omit. by section 8(b) of U.P. Act No. 21 of 1995 [The United Provinces Panchayat Raj Act, 1947] 34 1 [(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 Gram Panchayat before the expiry of its duration, the Sta te 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 the elected as members of the Gram 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 Gram Panchayat, its Pradhan and Committees shall vest in and be exercised, performed and discharged by such Administrative Committee or the Administration, as the case may be.] (4) The term of a member of Gram Panchayat shall, unless otherwise determined under the provisions of this Act, expire with th e term of the Gram Panchayat. (5) (a) In every Gram Panchayat, seats shall be reserved for the Scheduled Castes, the Scheduled Tribes a nd the backward classes and the number of seats so reserved shall, as nearly as may be, bear the same proportion to the total number of seats in the Gram Panchayat, as the population of the Scheduled Castes in the Panchayat area or of the Scheduled Tribes in the Panchayat area or of the backward classes in the Panchaayat area bears to the total population of such area and such seats may be allotted by rotation to different territorial constituencies in a Gram Panchayat in such order as may be prescribed : Provided that the reservation for the backward classes shall not exceed twenty -seven per cent of the total number of s eats in the Gram Panchayat : 2 [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.] (b) Not less than one -third of the seats reserved under clauses (a) shall be reserved for the women belonging respectively to the Scheduled Castes, the Scheduled Tribes and the backward classes. (c) Not less than one -third of the total number of seats in a Gram Panchayat, including the number of seats reserved the women under clause (b), shall be reserved for women and such seats may be allotted by rotation to different territorial constituencies in a Gram Panchayat in such order as may be prescribed. (d) The reservation of seats for the Sche duled Castes and the Scheduled Tribes shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution. ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by section 2 of U.P. Act No. 22 of 2000. 2. Ins. by section 8(c) of U.P. Act No. 21 of 1995 [The United Provinces Panchayat Raj Act, 1947] 36 Explanation β 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 elec tion to unreserved seats. (6) The Pradhan shall be deemed a member of the Gram Panchayat. ]1 Manner of election 12-A. The election to the office of a Pradhan 2 [ x x x ] 3[ x x x] or a member of Gram Panchayat shall be held by secret ballot in the manner prescribed. Allowance to Pradhan, 2[xxx] and members 4[12-AA. (1) The Pradhan and 2[ x x x ] of the Gram Panchayat shall receive such allowances and honoraria as may be prescribed. (2) The member of a Gram Panchayat, other than Pradhan and 2[ x x x ] shall receive such allowances as may be prescribed.] Meeting of Gram Panchayat 5[12-B. (1) A Gaon Panchayat shall ordinarily meet for the transaction or business at least once every month but two months shall not intervene between two consecutive meetings : Provided that the date to be appointed for the first meeting of a Gram Panchayat, shall be within thirty days from the date of its constitution. (2) The meetings of the Gram Panchayat shall be held at such place and in such manner as may be prescribed.] Superintendence etc. of the election 6[12-BB. (1) The superi
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