LexThe UTTARAKHAND PANCHAYATI RAJ ACT, 2016
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1
THE UTTARAKHAND PANCHAYATI RAJ ACT, 2016
(Uttrakhand Act No. 11 of 2016)
Index
Section Part- I
Chapter- I
Preliminary
1 Short title, extent and commencement.
2 Definitions.
Part II
Gram Sabha/ Gram Panchayat
Chapter –II
Establishment and Constitution of Gram Sabha and Gram Panchayat,
Disqualification and electoral rolls
3 Constitution of Gram Sabha, Membership, function and Meetings etc.
4 Constitution and Limitation of the Gram Panchayat.
5 Constitution and reconstitution of the Gram Panchayat.
6 Effect of change in population or inclusion of the area of Gram Panchayat in Nagar
Palika, etc.
7 Removal of difficulties arises in the establishment of Gram Panchayat.
8 Disqualification for membership of Gram Panchayat.
9 Electoral roll for territorial constituency.
Chapter –III
Gram Panchayat and his office bearer and their election
10 Pradhan and Up-Pradhan of Gram Panchayat.
10A Reservation for the post of Pradhan
10B Election of Pradhan
10C Election of UP-pradhan and his term
11 The provisions of reservation on the post for the Scheduled Caste, Scheduled Trib es,
Backward Classes, Women in the Gram Panchayat.
12 Term of Gram Panchayat and his office bearers.
13 Mode of election.
14 The superintendence of election of the Gram Panchayat and constitution of the State
Election Commission etc.
Chapter IV
Resign, removal, fulfilment of the casual vacancies of the Panchayat office
bearers and their internal and external control
15 Resign in case of Gram Panchayat
16 Filling of Casual vacancies of the post of Pradhan of the Gram Panchayat
17 Arrangement in case of temporary vacancy of the post of Pradhan
18 Motion of no confidence against Pradhan and Up pradhan
19 Powers of State Government in case of default of Gram Panchayat
20 External control of Gram Panchayat
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Chapter V
Meetings, Functions, Duties, Powers and Administration Of Gram Panchayats
21 Meetings of Gram Panchayat
22 General Functions of Gram Panchayat
23 Other Functions of Gram Panchayat
24 Rights of Gram Panchayat as to public streets, water-ways and other matters
25 Improvement of sanitation by Gram Panchayat
26 Rights of Gram Panchayat for maintenance and improvement of schools and hospitals
27 Representations and recommendations by Gram Panchayats
28 Preparation of plans by Gram Panchayat
29 Rights of Gram Panchayats to frame bye-laws
30 Pradhan, Up Pradhan, a ll officers and employees of a Gram Panchayat to be public
servants
31 Delegation of powers by the Gram Panchayat
32 Duties and powers of the Pradhan of Gram Panchayat
31A Duties of Up-pradhan
33 Office of Gram Panchayat
34 Delegation of its powers to the Pradhan, Up pradhan of Gram Panchayat
35 Committees of Gram panchayat
35A Appointment of women member as Chairman in Education Committee and health and
Welfare Committee
Chapter VI
The officers and employees of the Gram Panchayat and penalties and
procedure of violation and infringement of the provisions of the Act
36 Officers, Employees/ Secretary of Gram Panchayat
37 Powers, duties and functions of the officers of Gram Panchayat
38 Dispute between Gram Panchayat and Nagar Palika
39 Custody and mode of proof of the record in Gram Panchayat
Chapter VII
Fund, property and contracts of Gram Panchayat
40 Custody or deposits of the Gram Nidhi
41 Establishment of Land Management Committee
42 Function of the Land Management Committee
43 Property vested in Gram Panchayat
44 Preparation and passing the Budget of Gram Panchayat
45 Audit of Accounts of the Gram Panchayat
Chapter VIII
Taxation and Levy of Fees, Cess and Tolls
46 Tax and other sources of income of Gram Panchayat
47 Powers to borrow
48 {×××}
49 Recovery of dues of Gram Panchayat
Part III
Chapter IX
Establishment And Constitution of Kshettra Panchayat, disqualifications and
Election
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50 Structure and incorporation of Kshettra Panchayat
51 Constitution and reconstitution of a Kshettra Panchayat
52 Removal of difficulties arises in the establishment of Kshettra Panchayats
53 Disqualifications for membership of Kshettra Panchayat
54 Electoral roll for each territorial constituency
Chapter X
Kshettra Panchayat and its office bearer and their election
55 Election of Pramukh, Up pramukh, Senior Up Pramukh, Junior Up pramukh and
members of Kshettra Panchayat
55A Reservation for the post of Pramukh of the Kshettra Panchayat
56 The provisions of reservation on the post for the Schedu led Caste, Scheduled Tribes ,
Backward Classes, Women in the Kshettra Panchayat
57 Term of Kshettra Panchayat and its Office-bearer
58 Mode of election
59 Superintendence of the elections of Kshettra Panchayat and establishment of State
Election Commission etc.
Chapter XI
Resignation of office bearers, termination, fulfilment of casual vacancies of Kshettra
Panchayat and internal and external control thereof
60 Resignation of office bearer of Kshettra Panchayat
61 Filling of casual vacancies in Kshettra Panchayat
62 Arrangement in absence of Pramukh of Kshettra Panchayat
63 Motion of no confidence in Pramukh, Up-Pramukh, Senior Up Pramukh and Junior
Up Pramukh and quorum of meeting
64 Powers of State Government in case of default of Kshettra Panchayat
65 External control over Kshettra Panchayat
Chapter XII
Meetings, Functions, duties, powers and administration of Kshettra Panchayat
66 Meetings and function, duties, powers and administration of Kshettra Panchayat
67 General powers and duties of the Kshettra Panchayat
68 Preparation of plans by Kshettra Panchayat
69 All officers and servants of a Kshettra Panchayat to be public servants
70 Performance of powers by the Kshettra Panchayat
71 Duties and powers of Pramukh of the Kshettra Panchayat
72 Office of Kshettra Panchayat
73 Delegation of powers and duties to the Senior Up Pramukh, Junior Up Pramukh or
Panchayats by the Pramukh of Kshettra panchayat
74 Committees of Kshettra Panchayat
Chapter XIII
The officers and employees of the Kshettra Panchayat and penalties and
procedure of violation and infringement of the provisions of the Act
75 Officers and employees of the Kshettra Panchayat
76 Powers, functions and duties of officers and other servants of Kshettra Panchayats
77 Control over the officers and employees of Kshettra Panchayat
78 Dispute amongst Kshettra Panchayat and Nagar Nikay etc.
79 Custody and mode to proof the record in the Kshettra Panchayat
Chapter XIV
Fund, Property and Contracts of Kshettra Panchayats
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80 Custody and investment of Kshettra Nidhi
81 Property vested in Kshettra Panchayat
82 Preparation and passing of the budget of the Kshettra Panchayat
83 Audit of accounts of the Kshettra Panchayat
Chapter XV
Taxation and Levy of Fees,Cess And Tolls
84 Imposition of tax by Kshettra Panchayat
85 Recovery of dues of Kshettra Panchayat
Part IV
Chapter XVI
Establishment and incorporation of Zila Panchayat, disqualification and
election
86 Establishment and incorporation of Zila Panchayats
87 Effect of changes in districts
88 Constitution and reconstitution of Zila Panchayats
89 Removal of difficulties arises in the establishment of Zila Panchayat
90 Disqualifications for membership of Zila Panchayat
91 Electoral roll for each territorial constituency
Chapter XVII
Zila Panchayat and office bearer and their election
92 Election of Chairman, Vice- chairman and Members of Zila Panchayat
92.A Reservation for the post of Chairman of the Zila Panchayat
93 The provision s of r eservation on the post for Scheduled Caste s, Scheduled Tribes,
Backward Classes, womens in Zila Panchayat
94 Term of Zila Panchayat and its Office-bearers
95 Mode of election
96 The superintendence of election of Zila Panchayat and constitution of the State
Election Commission etc.
Chapter XVIII
Resign, removal, fulfilment of the causal vacancies of the Zila Panchayat
officer bearers and internal and external control
97 Resignation of Chairman, Vice Chairman and Members in case of Zila Panchayat
98 Filling of casual vacancies in Zila Panchayat
99 Arrangement of Chairman of Zila Panchayat
100 Motion of non-confidence in Chairman or Vice Chairman
101 Powers of State Government in case of default of Zila Panchayat
102 Consequence of dissolution of Zila Panchayat
Chapter XIX
Meetings and functions, powers and administration of Zila Panchayat
103 Meetings of Zila Panchayat
104 Powers, functions and duty of Zila Panchayats
105 Preparation of plans by Zila Panchayat
106 Powers of Zila Panchayat to make bye-laws
107 All office bearers of a Zila Panchayat to be public servants
108 Exercise and performance of powers by the Zila Panchayat
109 Duties and powers of Chairman of the Zila Panchayat
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110 Office of Zila Panchayats
111 Delegation of powers and duties to Vice chairman or Panchayats by Chairman of Zila
Panchayat
112 Committees in Zila Panchayats
Chapter XX
The officers and employees of the Zila Panchayat and penalties and
procedure of violation and infringement of the provisions of the Act
113 Officers and Employees of the Zila Panchayat
114 Central transferable cadre of certain classes of employees of Zila Panchayat
115 Powers, functions and duties of officers and other servants of Zila Panchayats
116 Control over the officers and servants of Zila Panchayat
117 Dispute between Zila Panchayat and Nagar Nikay etc.
118 Custody and mode to proof of the records of Zila Panchayat
Chapter XXI
Fund, Property and Contracts of Zila Panchayat
119 Custody and deposit of Zila Nidhi
120 Property vested in Zila Panchayat
121 Preparation and passing of the budget of the Zila Panchayat
122 Audit of Accounts of the Zila Panchayats
XXII
Taxation and Levy of Fee,Cess and Tolls
123 Taxes which may be imposed by the Zila Panchayat
124 Powers of State Government to sanction proposals by Zila Panchayat
125 Resolution of Zila Panchayat directing imposition of tax, taxation, procedure for
altering taxes, altered or modified procedure in respect of certain taxes, exemption
Part- V
Chapter XXIII
Rules, Regulation and Bye-laws
126 Power of State Government to make rules in respect of Kshettra Panchayat and Zila
Panchayat
127 Powers to make regulations as to conduct of business etc.
128 Powers to make rules for Panchayats by the State Government
Part VI- Chapter XXIV
Miscellaneous Provisions
129 Miscellaneous Provisions
Chapter XXV
Miscellaneous
130 Division of territorial consciences of three tiers Panchayat and ratio of de limitation
numbers
131 Other provisions related to the election
131A Penalty in case of branch of official duty
131B Requisition of property
131C Determination of compensation in case of requisition
131D Furnish information to suecified authority
131E Inspection authorised person
131F Sum arily eviction
131G Delivery of posession of Vehicle or requisitiioned premises
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131H Application regarding election and their revision
131I Supplementary provisions
131J Oath affirmation
132 Bar on Jurisdiction of Civil courts in election matters
133 prescribed authority for inspections, etc. of over Gram Panchayat, Kshettra Panchayat
and Zila Panchayat
134 Other Powers and duties of State Government in reference of Panchayat
135 Inspection of the constructed work and institution by prescribed authorities
136 Powers of prescribed authority to suspend under the Act
137 Extraordinary powers of State Government towards Panchayat in case of emergency
138 Separation from their posts to the officers of the three tiers Panchayat
139 Powers of State Government to dissolve the Panchayats
140 Exercise of powers and performance of functions under the Act
141 Powers to enquire and report about the misconduct of certain officials
142 Bar of constitution of the parallel institutions in the Panchayats
143 Powers of Panchayats to co-operate with other authorities and to assist institutions not
managed by it
144 Exercise of powers and performance of functions of Panchayat
145 Powers and duties of Committees
146 Delegation of powers by State Government
147 Penalty for infringement of the provisions of the Act
148 Penalty for contravention of any order regarding requisition
149 Infringement of rules and bye-laws
150 Penalty for tampering with the Gram Panchayat, Kshettra Panchayat and Zila
Panchayat property
151 Disobedience to notice issued
152 Appeals
153 Suspension of prosecution in certain cases
154 Powers to compound offences
155 Civil s uits against Gram Panchayat, K shettra Panchayat and Zila Panchayat, their
officers and servants
156 Validity of proceedings
157 Powers and duties of police in respect of offences and assistance to Panchayats
158 Finance commission and fund of Panchayats
159 {×××}
160 {×××}
161 Joint Committee
162 Powers to transfer property
163 Contracts by Gram Panchayat, Kshettra Panchayat and Zila Panchayat
164 Continuance of imposition of Circumstances and property Tax
165 Conditions and restrictions for tax on Circumstances and property
166 Collection of circumstances and property tax through Gram Panchayats
167 Framing of proposals for imposition of tax
168 Procedure subsequent to framing proposals
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169 Resolution of Zila Panchayat directing imposition of tax
170 Powers of State Government to remove the defect or abolish a tax
171 Obligation to disclose liability
172 Appeal relating to tax
173 Limitation and preliminary deposit of tax claimed
174 Costs
175 Bar to jurisdiction of civil and criminal court in matters of taxation
176 Savings
177 Rules as to assessment, collection or other matter
178 Share of Gram Panchayat in taxes
179 Fees and tolls f ees for use, otherwise than under a lease of property of a Zila
Panchayat or a Kshettra Panchayat and Gram Panchayat
180 Recovery of Taxes and certain other claims
181 Procedure in case of execution of warrant against property outside the rural area
182 Alternative powers of bringing suit or recovering as arrears of land revenue
183 Recovery of rent on land
184 Recovery of rent for other immovable property
185 Delegation of powers by State Government
186 Facility of inspection of minute books and tax assessment lists
187 Mode of proof of records of Panchayats
188 Restriction on the summoning of servants of Panchayats to produce documents
189 Inspection of works and registers of Panchayats by members
190 Sums due
191 Establishment of Nyaya Panchayat
192 Honorariaum and allowances
193 Surcharge
194 Repeal
8
THE UTTARAKHAND PANCHAYATI RAJ ACT, 2016
(Uttarakhand Act No. 11 of 2016)
As amended from
Uttarakhand Act No. 10 of 2019
Uttarakhand Act No. 9 of 2020
Uttarakhand Act No. 18 of 2020
Uttarakhand Act No. 27 of 2020
UK Act No. 12 of 2021
An
Act
to consolidate the connected matters of Gram P anchayat, Kshet tra Panchayat and Zila
Panchayat and to provide the incidental matters thereof.
IT IS HEREBY enacted in the Sixty seventh year of the Republic of India by Uttarakhand
State Legislative Assembly as follows:-
Part- I
Chapter- I
Preliminary
Short Title, extent
and
commencement
1 (1) This Act may be called the Uttarakhand Panchayati Raj Act,
2016.
(2) It shall extent to the whole of Utt arakhand except any area
included under the U.P. Nagar Mahapalika Adhiniyam, 1959,
U.P. Municipalities Act, 1916 and the Cantonment Board Act,
1924 or any area included in the Corresponding Act's.
(3) It shall come into force at once.
Definitions 2 In this Act, unless the context otherwise requires :-
(1) "adult" means a person who has attained the age of eighteen
years ;
(2) "Gram Sabha" means a body established under section 3(a), and
consisting of persons registered in the electoral rolls relating to
a village comprised within the area of a Gram Panchayat;
(3) "rural area" means the village as mentioned in the records
relating to the revenue except the Urban body areas and
cantonment area s of all lev els in the district and it includes a
village declared by general or special order for the purposes of
this Act by the State Government;
(4) "Gram Panchayat" means the Gram Panchayat established under
section 4(1) ;
(5) “Kshettra Panchayat" means any Kshettra Panchayat and shall
include any committee, member, officer or servant of the
Kshettra Panchayat authorised or required under this Act to
exercise any power s or perform any duty or function of the
Kshettra Panchayat under this Act;
9
(6) “Khand” means any development Khand ;
(7) "house" includes any shop, warehouse, shed and any enclosure
used for keeping carts or cattle ;
(8) "Zila Panchayat" means Zila Panchayat incorporated under this
Act and shall include any committee and any member, officer or
servant of the Zila Panchayat, authorised or required under this
Act to exercise any power s or perform any duty or function of
the Zila Panchayat under this Act;
(9) “Backward Classes” means the reservation rules for the Other
Backward Classes in the Uttrakhand as provisions specified for
this purpose by the State Government;
(10) “Scheduled Castes” means the castes deemed to be Scheduled
Castes for the purposes of the Constitution of India;
(11) “Scheduled Tribes” means the Tribes deemed to be Scheduled
Tribes for the purposes of the Constitution of India;
(12) “Schedule Bank” shall have the meaning assigned to the
expression in the Reserve bank of India Act, 1934;
(13) “town area" shall have the meaning assigned to it under the
Municipalities Act. In this area, the area falling under the bodies
of all levels of the town bodies shall be included in the town
area;
(14) "cantonment" and "cantonme nt board" shall have the same
meanings assigned to them under the Cantonments Act, 1924;
(15) “ Land Management Committee ” means a Land Management
Committee of Gram Panchayat for the purpose of this Act;
1{(16) “Panchayat“ means Gram Panchayat, Kshet tra Panchayat and
Zila Panchayat respectively in relation to Part II, Part III and
Part IV under this Act;}
(17) “Wards election areas of the Panchayat” means ward election
area of Gram Panchayat in context of Kshettra Panchayat ward
election area of any Kshettra Panchayat and in context of Zila
Panchayat ward election area of any Zila Panchayat;
(18) “Chairman and Vice chairman in the context of Concerning
Panchayat as Gram Panchayat, Ksh ettra Panchayat and Zila
Panchayat” means the Pradhan or Up Pradh an or Pramukh or
Up Pramukh and Chairman and Vice chairman of these
institutions respectively;
(19) “Panchayat Employee” means such persons who is employed
and in- service in the three tiers Panchayat institutions whether
he is getting pay from the Fund of the State Government;
------------------------------------------------------
1-Subs. by Section 2 of Uttarakhand Act no. 18 of 2020.
10
(20) "Collector" or "District Magistrate" or "Sub -Divisional
Magistrate", in relation to the Panchayat means the Col lector,
District Magistrate or Sub -Divisional Magistrate of the district
or the sub -division, as the case may be, in which such
Panchayat is constituted and shall respectively include
Additional Collector, Additional District Magistrate and
Additional Sub-Divisional Magistrate;
(21) "District M agistrate" means the district magistrate appointed
under section 20 of the Code of Criminal Procedure, 1973;
(22) "District Level Officer " means such officers of the district as
the State Government may from time to t ime specify as such
by notification in the Gazette;
(23) “State Election Commission” means the State Elec tion
Commission referred to in a rticle 243-K of the Constitution of
India;
(24) “Electoral Registration Officer” means such an officer who is
designated or nominated as such by the State Election
Commission in consultation with the State Government for preparing
and revising the electoral rolls in any district.
(25) “Assistant Electoral Registration Officer” means such person
who is appointed as such by the Electoral Registration Officer
for one or more Panchayat areas;
(26) “Finance Commission” means the Financ e Commission
constituted under article 243-I of the Constitution;
1{(27) “State Election Commissioner” means an officer of the State
Government designated as such by the Governor;}
(28) "Judge" means the District Judge and, includes any other
subordinate civil judicial officer named or designated by the
District Judge in this behalf;
(29) "Division", "'district" and "tehsil" shall have the same meanings
as they have in the Land Revenue Act, 1901 , division, district
and tehsil respectively;
(30) "Commissioner " means the commissioner appointed under
section 12 of the United Provinces Land Revenue Act, 1901,
for the division within which the Kshettr a Panchayat or the
Zila Panchayats as the case may be exercises its jurisdiction
and includes an additional commissioner appointed under this
Act for such division;
------------------------------------------------------
1-Subs. by Section 2 (a) of Uttarakhand Act NO. 10 of 2019.
11
(31) "Population" means the population as ascertained at the last
preceding census of which the relevant figures have been
published;
(32) "Quarter" means a period of three months commencing on the
first day of any of the mo nths of January, April, July and
October;
(33) "Prescribed" means prescribed by th is Act or by any rule made
thereunder;
(34) "Prescribed Authority" means any person or authority n otified
by the State Government in the Gazette as, prescribed authority
for any purpose under this Act;
1{(35) “Rules” means rules made under this Act but until such rules
are not promulgated rules means rules promulgated under the
Uttar Pradesh Panchayati Raj Act, 1947 and the Uttar Pradesh
Kshettra Panchayat and Zila Panchayat Act, 1961;}
(36) "Bye-laws" means a bye-laws made by the State Government in
exercise of a powers conferred by this Act ;
(37) "Regulations" means a regulations made by the State
Government in exercise of a powers conferred by this Act;
(38) "State” means the State of Uttarakhand;
(39) “State Government” means the Government of Uttarakhand;
(40) “Electoral Rolls of Legislative Assembly ” means such electoral
rolls or any election area of th e State Legislative Assembly
which is prepared according or under th e provisions of the
Representation of the People Act, 1951;
(41) “Government” means the Central Government or the
Government of any State of the Indian Union ;
(42) "Public S treet" means any road, street, bridge, lane, square,
court, alley or passage from which the public has a right to
pass along, and includes 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 but does no t 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;
(43) "Public Servant” means a public servant as defined in sectio n
21 of the Indian Penal Code, 1860(Act no 45 of 1860);
(44) "Local Authority" means and it includes a Gram Panchayat ;
----------------------------------------------
1- Subs. by section 2 of UK Act no 9 of 2020.
12
(45) "Public Property" and "public l and" 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;
(46) " 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 the
Government and who has not paid monthly salary, a
Government counsel in State Government , a person h olding a
purely honorary office or a person who has retir ed from the
service of the Government;
(47) “District Planning Committee ” means a Committee constituted
under article 243 – Z D of the Constitution of India;
(48) “Family” means such group of persons in which spouse, son,
unmarried daughter, parents, brother or any other member who
is residing together and take food on one hearth.
1{(49) “Nagar Pramukh” means Chairman in case of nagar panchayat
in nagar panchayat area, Chairman of municipality in
municipality area and mayor of municipal corporation in
municipal corporation area;
(50) “Up -nagar Pramukh” means Vice chairman in case of nagar
panchayat in nagar panchayat area, Vice chairman of municipality
in municipality area and deputy mayor of municipal corporation
in municipal corporatio area.}
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Part II
Gram Sabha/ Gram Panchayat
Chapter –II
Establishment and Constitution of Gram Sabhas and Gram
Panchayat, disqualifications and electoral rolls
Constitution of
Gram Sabha,
Membership,
function and
Meetings etc.
3 (A) Gram Sabha - The State Government shall by notification in the
official Gazette , establish a Gram Sabha for a village or group of
villages by such name as may be specified;
Provided that where a Gram Sabha is established for a group of
villages, the name of the village having the largest population shall be
specified as the name of the Gram Sabha.
(B) Membership of Gram Sabha - An adult, who resides and whose
name i s for the time being included in the electoral roll for a Gram
Sabha shall be a member of that G ram Sabha (every person who has
completed 18 years of age on first January of the every year shall be
entitled to register his name in the electrol roll)
----------------------------------------------
1- Ins. by section 2(b) of UK Act no 10 of 2019.
2- Ins. by section 2 of UK Act no. 27of 2020.
13
(C) Establishment of Gram Shabha and Removal of difficu lties
arises theirin- If in establishing a Gram Sabha or in the working of
a Gram Panchayat, any dispute or difficulty arises regarding the
interpretation of any provision s of this Act or any rule made
thereunder or any matter arising out of or relating to such
interpretation or any matter not provided in this Act , the same shall
be referred to the State Government whose decision thereon shall be
final and conclusive.
(D) Meetings and functions of the Gram Sabha-
(1) Every Gram Sabha shall hold four general meetings in each
year on the quarterly basis. 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
onefifth of the number of the members shall, within thirty days
from the receipt of such requisition, can call an extraordinary
general meeting:
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) The meetings of Gram Sabha shall be orginased only in
Public/Government buildings or in open place of Gram Panchayat.
Explanation- Meeting called at the house of Pradhan/ Up-pradhan be
considered illegal.
(E) Quorum for convened meeting of Gaon Sabha - For the
convened meeting of Gram Sabha, 1/5 numbers of total members or
attendance of representatives of half families of total families shall
be essential.
Explanation- Quorum for adjourned meeting , 1/10 number of
members of Gram Sabha or attendance of ¼ of representa tives
families out of total families is essensial. The fixation of number of
the families shall be based on the family register.
(F) Function and powers of Gram Sabha-
(1) The Gram Sabha shall consider the following matters and may
make recommendations and suggestions to the Gram Panchayat –
(i) the annual statement of accounts of the Gram Panchayat,
the report of administration of the preceding financial year and
the final audit note and replies, if any, made thereto;
(ii) the report of development pro grammes of the Gram
Panchayat relating to the preceding year and the development
progrmammes proposed to be undertaken during the current
14
financial year;
(iii) the promotion of unity and harmony among all sections
of society in the village;
(iv) programmes of primary and adult education within the
village;
(v) such all other public interest matters as may be prescribed.
(2) The Gram Panchayat shall give due consideration to the
recommendations and suggestions of the Gram Sabha.
(G) The Gram Sabha shall perf orm the following functions;
namely:-
(a) Mobilising voluntary labour and contributions for the
community welfare programmes;
(b) Rendering assistance in the implementation of
development schemes pertaining to the village;
(c) Identification of beneficiari es for the implementation of
development schemes pertaining to the village.
Constitution and
de-limitation of
Gram Panchayat
4 1- Gram Panchayat-
(1) The State Government may, by notification declare any area
comprising a village or group of villages, ha ving so far as
practicable a population of 500 in the hill area and a population of
one thousand, in plane area to be a Panchayat area for the purposes
of this Act by such name as may be specified;
Provided that maximum population in the hill area shall be
2000 and 10000 for plane area as for as practicable or not more than
this but Gram Panchayat constituted prior to the date of
commencement of this Act unless not essential shall be as it is;
Provided further that for the purpos es of declaration of
Panchayat area to the revenue Gram shall not be divided;
Provided further also that the Government may by order
relax said restrictions in the avoidable or special circumstances.
(2) The State Government may, on the r equest of the Gram
Panchayat concerned or otherwise and after previous publication of
the proposal, by notification at any time—
(a) modify the area of any Panchayat by including therein
or excluding therefrom any area of a village or group of
villages;
(b) alter the name of the Panchayat area; or
(c) declare that any area shall cease to be a Panchayat area.
(d) The constitution of G ram Panchayat shall be notified,
as such manner as may be prescribed and after that the
Gram Panchayat shall be deemed constituted as
15
appropriate whether any vacancy is in existence;
Provided that constitution of Gram Panchayat shall
not be notified until two third of members including Pradhan
of Gram Panchayat not elected.
(3) The tenure of any member of the Gram Panchayat till the date
otherwise shall not be ended under the provisions of the Ac t, shall
be ended with the tenure of the Gram Panchayat.
(4) The Pradhan shall be ex-officio Member of Gram Panchayat.
(5) The delimitation of the territorial ele ctroll areas in the Gram
Panchayat shall be fixed in the manner prescribed.
2- Delimitation of the Area of Panchayat-
(1) The delimitation of the Panchayat areas shall be made in such
procedure as may be prescribed by the State Government.
(2) For the every Panchayat area as such known name of Panchayat
area a Gram Panchayat which shall be corporate body, be
constituted.
(3) A Gram Panchayat shall consist of a Pradhan and in the case of a
Panchayat area having a population of –
(i) up to 1000, - 7 members;
(ii) up to 1001 to 2000, - 9 members;
(iii) up to 2001 to 3000, - 11 members;
(iv) up to 3001 to 5000, - 13 members;
(v) more than 5001, - 15 members.
3- 2[***].
Constitution and
reconstitution of
the Gram
Panchayat
5 If any existed area of the Gram Panchayat, in every district prior of
the ending of the ten ure or otherwise required for the purpo ses of
this Act is necessary, the n the State Government shall arrange the
constitution or reconstitution of the Gram Panchayat.
1{Effect of change
in population or
inclusion of the
area of Gram
Panchayat in
Nagar Palika, etc.
6 If the whole of the area of a Gram Panchayat is included in a
Nagar Nigam, Nagar Palika, Nagar Panchayat, cantonment,
notified area or town area, the 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 and shall automatically not be in the
jurisdiction of Kshettra Panchayat or Zila Panchayat.}
----------------------------------------------
1- Subs. by section 3 of UK Act no 18of 2020.
2- Omitted by section 2 of UK Act no 12 of 2021.
16
Removal of
difficulty in the
establishment of
Gram Panchayat
7 If, in establishing a Gram Panchayat any dispute or difficulty arises
regarding the interpretation of any provision s of this Act or any rule
made thereunder or any matter arising out of or relating to such
interpretation or any matter not provided in this Act, the same shall
be referred to the State Government whose decision thereon shall be
final and conclusive.
Disqualification
for membership of
Gram Panchayat
8 (1) A person shall be disqualified for being appoint ed, a Pradhan, Up -
pradhan and member of a Gram Panchayat, if he -
(a) is so disqualified by or under any law for the time being in
force for the purposes of elections to 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
age of twenty-one years;
(b) is a salaried member of the Gram Panchayat ;
(c) holds any office of profit under a State Government or the
Central Government or any local authority, other than a Gram
Panchayat or owned or con trolled by any State Government or
Central Government or any Board, bodies or corporation owned
or controlled by any State Government or Central Government in
which Aaganbadi workers Assistant, Secretary of Cooperative
Committee and salary paid employees and working employees on
honorarium under the State and Central sponsored schemes shall
be included;
(d) has been dismissed from the service of a State
Government, the Central Government or a local authority or other
Panchayat for misconduct;
(e) is in arrears of any tax, fee, duty or any other dues payable
by him for such period as may be prescribed, Gram Panchayat
1[Kshettra Panchayat or Zila Panchayat] or has, inspite of being
required to do so failed to deliver to it any record or property
belonging to it which had come into his possession by virtue of his
holding any office under it;
(f) 2[he is Chairman, Vice chairman, councilor, Ward Member
or Member of any Municipal body];
(g) is an undischarged insolvent;
(h) has been convicted of an offence involving moral
turpitude;
(i) has been sentenced to imprisonment for a term exceeding
three months for contravention of any order made under the
Essential Commodities Act, 1955;
----------------------------------------------
1- Inserted by section 3(A) (i) of UK Act no 12 of 2021.
2- Subs. by section 3(A) (ii) of Uk Act no. 12 of 2021.
17
(j) 3[has been sentenced to imprisonment for a term exceeding six
months for contravention of any order made under the Essential
Supplies (Temporary Powers) Act, 1946 or U.P. Control of
Supplies(Temporary Powers) Act, 1947];
(k) has been sentenced to imprisonment for a term exceeding three
months under the U.P. Excise Act, 1910 (as applicable to the State of
Uttarakhand);
(l) has been convicted of an offence under the Narcotic Drugs and
Psychotropic Substances Act, 1985;
(m) has been convicted of an election offence;
(n) has been convicted of an election offence under the U. P,
Removal of Social Disabilities Act, 1947 or the Protection of Civil
Rights Act, 1955 (as applicable to the State of Uttarakhand);
(o) has been rem oved from office under section 138 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 a particular
case has elapsed :
Provided that the disqualification under sub-section (5) shall
cease upon payment of arrears or delivery of the record or property, as
the case may be:
Provided further that a disqualification under any of the sub-
section referred to in the first proviso in the manner prescribed be
removed by the State Government.
(p) In place of women Pradhan, Up Pradhan and Member , if her
husband or other family members or relative preside the meetings and
discharged the duties of Gram Sabha, Gram Panchayat and declared
faulty then said women and concer ning person presiding meetings and
discharging the duties, both shall be disqualified for forthcoming
general election of three tiers of Panchayat.
1{(q) He has not passed High School or equivalent examination from
any recognized institution/ Board:
2{Provided that in the matter of General Category women, Other
Backward Classes women and Scheduled Caste/ Scheduled Tribes
candidate has not passed minimum Middle/ Eight examination;}2
(r) He has more than two living children.
(s) 4[If he or his family member or his legal heir is in unauthorized
possession of Government/ Panchayati raj land or get benefit from
such unauthorized possession].
--------------------------------------------
1-Ins. by section 4(a) of UK Act no 10 of 2019.
2- Subs. by section 3(i) of UK Act no 9 of 2020.
3- Subs. by section 3(A)(iii) of UK Act no 12 of 2021.
4- Subs. by section 3(A) (iv) of UK Act no 12 of 2021.
18
(t) He has embezzled Government money or recovery of government
money is against him or is owed of government money.
(u) He comes under the provisions of Section 8, Section 8A, Section 9,
Section 9A and Section 10 of the Representation of the People Act,
1951.}
(2) Disqualification due to corruption - An authority competent to
decide 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 as a member of a Gram Panchayat, or place
in the gift or disposal of a Gram Panchayat.
(3) Disqualification for no toilets-
(a) If any person convicted by the competent court under the
provisions of the Prohibition of Employment as Manual Scavengers
and their Rehabilitation Act, 2013, then he shall be disqualified for
contesting Panchayat election.
(b) If there is no toilets established in the house of those persons
residing in the jurisdiction of concerned Panchayat, they shall be
disqualified for the candidature of the Panchayat at election.
(4) 1[if the entry related to any member is removed from the territorial
electoral roll or territorial constituency is partly completely included in any
municipal body, the member/ office bearer shall remain on his office/ post
till the cessation of tenure of the concerned Panchayat.]
(5) Decision on question as to disqualification - If any question arises as
to whether a person has become subject to any disqualification mentioned
in this Act, 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;
Provided that if any disqualification for duration of the said tenure
in which such rules is commencing then if omitted under any such law who
is authorised for omission than the name of such person from the electoral
roll of the said Gram Panchayat who is removed for such disqualification,
shall be placed remain at once.
(6) Punishment for failure to handover records, etc.-
(a) Any person on ceasing to act as Pradhan wilfully fails, in spite of
being required to do so by the prescribed authority, to handover all records,
money or other property or as the case may be, to his successor or to any
person authorised in this behalf by the prescribed authority, he shall be
punishable with imprisonment which may extend to three years or with
fine or with both.
--------------------------------------------
1-Subs. by section 3(B) of UK Act no 12 of 2021.
19
(b) Without prejudice to the provisions of sub -section (a ), any
such money may on a certificate issued in that behalf by the prescribed
authority be recovered as arrears of land revenue.
(c) Such any person who is posted on any po st prior from the
ending of tenu re of any Gram Panchayat he shall obtain no dues
certificate from the successor or designated officer necessarily. Due to
not obtaining the no dues certificate, he shall not qualify for
participation in the next Panchayat election.
(7) Prohibition of holding more than one post simultaneously-
Any person neither be candidate in the election from one or more
territorial constituencies election areas in the Gram Panchayat nor
he may hold one or more post in the Gram Panchayat.
1{(8) Further bar on holding two offices simultaneously-
(1) A person shall be disqualified for holding the office of Pradhan,
Up-pradhan or member of the Gram Panchayat, If he is-
(a) Member of the Parliament or State Legislature; or
(b) The Pramukh, senior Up -pramukh, junior Up -Pramukh or
member of any Kshettra Panchayat; or
(c) The Chairman, Vice -Chairman or Member of any Zila
Panchayat; or
2{(d) The Chairman or Vice-chairman or member of Committee
of management, of any co-operative society; or}
(e) The Nagar Pramukh, Up -Nagar Pramukh, member,
Chairman, Vice -Chairman or member of Urban Local
Bodies; or
(f) The Chairman, Vice -Chairman or member of cantonment
board.
(2) A person, shall cease to hold the office of Pradhan, Up -Pradhan or
member of the Gram Panchayat, as the case may be if subsequently
he is elected to any of the offices mentioned in clauses (a) to (f) of
sub-section (1) with effect from the date of such subsequent
election and thereafter the post of Pradhan, Up -Pradhan or member,
as the case may be, shall be deemed casual vacancy.}
---------------------------------------------------
1- Ins. by section 4(e) of UK Act no 10 of 2019.
2- Subs. by section 3(ii) of UK Act no. 9 of 2020.
20
1{Electoral roll for
each territorial
constituency
9 (1) For each territorial constituency of Gram Panchayat, an electoral
roll shall be prepared, in accordance with the provisions of this Act
and the rules made thereunder/under the superintendence, direction
and control of the State Election Commission.
(a) Subject to the superintendence, direction and control of the
State Election Commission, the District Election Officer (Panchayat)
shall supervise and perform all functions relating to the preparation,
revision and correction of the electoral rolls i n the district in
accordance with this Act and the rules made thereunder.
(b) The preparation, revision and correction of the electoral
rolls shall be done by such persons, and in such manner, as may be
prescribed;
(2) The electoral roll referred to in clause (b) sub-section (1) shall be
published in the prescribed manner and upon its publication it shall,
subject to any alteration, addition or modification made in accordance
with this Act and the rules made thereunder be the electoral roll for
that territorial constituency.
(3) Subject to the provisions of sub -section (4), (5), (6) and (7) every
person who has attained the age of 18 (eighteen) years on the first day
of January of the year in which the electoral roll is prepared or revised
and who is ordinary resident in the territorial constituency of a Gram
Panchayat shall be entitled to be registered in the electoral roll for that
territorial constituency.
Explanation –
(i) A person shall not be deemed to be ordinarily resident in
the territorial constituency on the ground only that he owns,
or is in possession of, a dwelling house in that territorial
constituency.
(ii) A person absenting himself temporarily from his place of
ordinary residence shall not by reason thereof shall be deemed
to cease to be ordinarily resident therein,
(iii) A member of Parliament or of thExcerpt shown. Open the full act in Lexace.