Uttarakhand act 023 of 1961 : The UTTAR PRADESH KSHETTRA PANCHAYAT AND ZILA PANCHAYAT2 ADHINIYAM, 1961

220 [kksns x;s LFkku vkfn dks Hkjus ;k tyksRlkfjr djus vihy dh tk dh vis{kk djuk A ldrh gS A

1- m0iz0 vf/kfu;e la[;k 9 o'kZ 1994 ds v/;k;&rhu dh /kkjk 61 }kjk izfrLFkkfirA

1

¿mÙkj izns"k ¿{ks= iapk;r rFkk ftyk iapk;rÀ vf/kfu;e] 1961À ¿vuqlwph 6À vuqlwph&6

¼/kkjk 79 nsf[k,½

1

¿{ks= iapk;rÀ ds vf/kdkj rFkk d̀R; /kkjk vf/kdkj ;k dR̀; vH;qfDr

1 2 3

2

11¼1½ ¿***À mi&izeq[k ;k lnL; ls in&R;kx dk uksfVl [k.M fodkl yus k A vf/kdkjh ;k mlds

fdlh ukekafdrh

}kjk fd;k tk;

34¼1½ bl vf/kfu;e ds v/khu vius fdUgha vf/kdkjks a ;k dR̀;ks a

1 1

dks ¿xzke lHkkÀ ] ¿xzke iapk;rÀ ;k Hkwfe izca/kd lfefr dks izfrfufgr djuk ;k muls bl izdkj izfrfufgr fd;s x;s fdlh vf/kdkj vkfn dks okil ysuk A

34¼2½ bl vf/kfu;e ds v/khu fdlh vf/kdkj ;k dR̀; dks

1

¿ftyk iapk;rÀ dks izfrfufgr djuk vFkok ¿ftyk

1 1

iapk;rÀ }kjk dksbZ vf/kdkj ;k dR̀; ¿{ks= iapk;rÀ dks izfrfufgr fd;s tkus dh lEefr nsuk A

3 ⁴

35¼1½ ¿xzke iapk;rksÀa ds lEcU/k es a vf/kdkjksa dk iz;ksx rFkk ¿dk;Z lfefrÀ dks dÙkZO;ks a vkSj dR̀;ksa dk lEiknu djuk A izfrfufgr fd;k

tk ldrk gS A

173 fdlh lkoZtfud ukyh es a ifjorZu djuk] mls jksduk] izfrfufgr fd;k cUn djuk ;k gVkuk A tk ldrk gS A

1

38 ¼d½ ;g fu.kZ; djuk fd fdlh vU; ¿{ks= iapk;rÀ ;k vU; LFkkuh; izkf/kdkjh ds lkFk ,sls dk;kasZ ;k miØeks a es a

1

lfEefyr gqvk tk; ;k ugha] ftuls ¿{ks= iapk;rÀ }kjk fu;af=r leLr {ks=ks a dk ykHk igqpark gks 38 ¼[k½ ;g fu.kZ; djuk fd ,sls fdlh dk; Z es a ;k laLFkk dks va"knku fn;k tk; ;k ugha] ftlls [k.M dks ykHk igqaprk gks] Hkys gh og dk; Z [k.M ds ckgj fd;k tk; ;k laLFkk [k.M ds ckgj vuqjf{kr gks ;k fdlh uxj egkikfydk] uxjikfydk] Nkouh] uksVhQkbM ,sfj;k] Vkmu ,fj;k ds {ks=] es a gksa

86 [k.M dks ;kstuk ds izkys[k ij fopkj djuk rFkk ml vuqeksfnr djuk

87¼1½rFkk lfefr;ks a LFkkfir djuk

¼2½

87 ¼3½ ijke"kZ lfefr;ka fu;qDr djuk 93 ¼1½ lfefr dh dk;oZ kfg;ks a dk izfrosnu ;k muds m)j.k izfrfufgr fd;k vkfn ekaxuk tk ldrk gSA

1- m0iz0 vf/kfu;e la[;k 9 o'kZ 1994 ds v/;k;&rhu dh /kkjk 61 }kjk izfrLFkkfirA 2- mi;qZDr dh /kkjk 124 ¼p½¼1½ }kjk fudkyk x;kA

3- mi;qZDr dh /kkjk 124 ¼p½ ¼2½ }kjk izfrLFkkfirA

1

¿mÙkj izns"k ¿{ks= iapk;r rFkk ftyk iapk;rÀ vf/kfu;e] 1961À ¿vuqlwph 6À /kkjk vf/kdkj ;k dR̀; vH;qfDr

1 2 3

101 ¼3½ {ks=&fuf/k es a ls /kujkf"k dfri; izfrHkwfr;ks a es a yxkuk [k.M fodkl vf/k& ;k lkof/k fu{ksi es a j[kuk dkjh dks izfrfufgr

fd;k tk ldrk gSA

105 ¼1½ vius iz;kstuks a ds fufer Hkwfe dk vtZu djus ds izfrfufgr fd;k tk fy;s jkT; ljdkj ls izkFkZuk djuk ldrk gSA

1 ²

107 ¼1½ ¿{ks= iapk;rÀ es a fdlh laifr dks lda zkfer djuk ¿dk;Z lfefrÀ dks izfrfufgr fd;k tk

ldrk gSA

2

108 {ks=&fuf/k es a ls izfrdj nsuk ¿dk;Z lfefrÀ dks izfrfufgr fd;k tk

ldrk gSA

115 ¼4½ ctV ds lEcU/k es a fu;kstu lfefr dh flQkfj"kks a ij fopkj djuk

1

142 ¿{ks= iapk;rÀ es a fufgr ;k mlds izca/k es a lkSaih xbZ fdlh vpy laifr ds iz;ksx ;k v/;klu ds fy;s

"kqYd yus k rFkk "kqYd dks mn~xzfgr ;k olwy djuk 143 ykblsla ks]a Lohdf̀r;ksa ;k vuqefr;ks a ds fy;s "kqYd yus k

144 bl /kkjk es a of.kZr dqN vU; "kqYd rFkk iFkdj fuf"pr djuk rFkk mn~xzghr djuk

1

145 ¿{ks= iapk;rÀ }kjk LFkkfir] vuqjf{kr ;k izac/k fd;s x;s cktkjh es a "kqYd ;k iFk d vkjksfir djuk 165 ¼1½ fdlh lkoZtfud lM+d ;k LFkku vFkok ljdkj] [k.M fodkl vf/k&

1 1

¿ftyk iapk;rÀ ;k ¿{ks= iapk;rÀ es a fufgr laifr dkjh dks izfrfufgr ls yxh gqbZ ;k mlds ik"oLZ Fk fdlh bekjr ds fd;k tk ldrk gSA fuekZ.k vFkok dq,a dh [knq kbZ vkfn dh Lohdf̀r nsuk ;k nsus ls badkj djuk bR;kfn

171 fdlh Hkwfe ds Lokeh ;k v/;klh dks ¼fdlh izfrfufgr fd;k tk lkoZtfud lM+d ;k LFkku vFkok ljdkj] ¿ftyk ldrk gSA

1 1

iapk;rÀ ;k ¿{ks= iapk;rÀ es a fufgr laifr ds ik"oZLFk½ fdlh bekjr ds fuekZ.k vkfn ;k dksbZ dqvka cukus vkfn ls jksdus ds fy;s funs"k nsuk rFkk fdlh bekjr ;k dq,a es a ifjorZu djus ;k mls fxjk nsus d s fy;s funs"k nsuk

184 ¼1½ fdlh fu;af=r xzkE; {ks= es a fdlh futh lM+d dks fdlh fodkl vf/k& rFkk ¼2½ ljy lery djus mlesa [kM+tk yxkus] mls iDdk dkjh dks izfrfufgr djus ;k mles a iRFkj yxkus vkfn dh vis{kk djuk fd;k tk ldrk gSA rFkk ,slk u fd;s tkus ij ml dk; Z dks lEikfnr

djokuk vkSj lec) O;fDr ls mldk O;; olwy

djukA

184 ¼3½ fdlh fu;af=r xzkE; {ks= es a fdlh futh lM+d dks lkoZtfud lM+d ?kksf'kr djukA

189 ubZ lkoZtfud lM+dkasa dk foU;kl djuk rFkk mudk izfrfufgr fd;k tk fuekZ.k djuk vkSj fdlh orZeku lkoZtfud lM+d ldrk gSA dks pkSMk] yECkk vkfn djuk rFkk muls lyXa u

fuekZ.k&LFkkyksa dh O;oLFkk djukA

1- m0iz0 vf/kfu;e la[;k 9 o'kZ 1994 ds v/;k;&rhu dh /kkjk 61 }kjk izfrLFkkfirA

1

¿mÙkj izns"k ¿{ks= iapk;r rFkk ftyk iapk;rÀ vf/kfu;e] 1961À ¿vuqlwph 6À 190 fdlh futh lM+d dks lkoZtfud lM+d ?kksf'kr

djukA

191 ¼1½ ls vk"k; dks foKkfir djus rFkk vkifr;ks a dks r; izfrufgr fd;k tk ¼3½ djus ds Ik"pkr~ lkoZtfud lM+d ds nkuska vksj ldrk gSA bekjrks a ds fy;s lkekU; fuekZ.k js[kk ifjHkkf"kr

djukA

2

191 ¼4½ fdlh ,slh bekjr ds fuekZ.k dh Lohdf̀r nsuk tks ¿dk; Z lfefrÀ }kjk lMd dks fu;fer fuekZ.k js[kk ds leu:i u gksA iz;qDr fd;k tk;xk

2

191 ¼5½ fdlh lM+d dk fu;fer fuekZ.k js[kk ls fdlh futh ¿dk; Z lfefrÀ }kjk Hkwfe ds viotZu ds fy;s izfrdj ds Hkqxrku dk iz;qDr fd;k tk;xk Lohdf̀r nsukA

2

191 ¼6½ fdlh ,slh bekjr vkfn es a ifjorZu djus ;k mls ¿dk; Z lfefrÀ }kjk fxjk nsus dh vis{kk djuk] tks fdlh lM+d dk iz;qDr fd;k tk;xk fu;fer fuekZ.k&js[kk dhk mYya?ku djrk gksA

192 ¼2½ fdlh O;fDr dks ,slh ckr djus dh vuqefr nsuk tks izfrfufgr fd;k tk vU;Fkk /kkjk 192 dh mi/kkjk ¼1½ ds v/khu ¿ftyk ldrk gSA

1

iapk;rÀ }kjk fuekZ.k dks lEcU/k es fd;s x;s izc/ka es a gLr{ksi gksA

193 fdlh tyekxZ vkfn dh lQkbZ djus rFkk mls vPNh izfrfufgr fd;k tk gkyr es a cuk; s j[kus dh vis{kk djuk] vkSj ihus ds ldrk gSA iz;kstu ds fy;s fdlh tyekxZ] vkfn ds mi;ksx dk fu'ks/k djuk ;k mls cUn djus dk vkns"k nsukA

2

194 ukyh] laMkl vkfn dks gVkus ;k cUn djus dh vis{kk ¿dk;Z lfefrÀ^;k djukA [k.M fodkl vf/k&

dkjh dks izfrfufgr

fd;k tk;xkA

1

196 ¿{ks= iapk;rÀ es a fufgr fdlh lkoZtfud ukyh] iqfy;k ;k tydk; Z ds Åij fdlh bekjr] nhokj ;k vU; lajpuk ds fuekZ.k ;k isM+ yxkus dh vuqefr nsuk rFkk mls gVkus dk vksn'k nsuk] vkSj ,slk u fd;s tkus ij fdlh vuf/kdr̀ lajpuk ;k isM+ dks LOk; a gVkuk rFkk lEcfU/kr O;fDr ls O;; olwy djukA

228 ¼2½ fu;r izkf/kdkjh ds ml vkns"k ds lEcU/k es a ¼/kkjk 236 Li'Vhdj.k izLrqr djuk ftles a mles a ladYi ;k ds lkFk vkns"k d s fu'iknu ;k vkxs fu'iknu dk fu'ks/k ifBr½ fd;k gksA

3

236¼4½ ¼d½ ¿***À

1

246 ;fn ¿{ks= iapk;rÀ dh uksfVl dh voKk djds izfrfufgr fd;k tk fdlh dk;Z ds fu'iknu vFkok fdlh oLrq dh ldrk gSA O;oLFkk dksbZ dk; Z ds djus es a dksbZ pwd dh xbZ gks rks ,sls dk; Z dks fu'ikfnr djokuk] ;k ml oLrq dh O;oLFkk ;k og dk; Z djokuk vkSj bl lEcU/k es a fd;k x;k dqy O;; olwy djukA

1

lkekU; dksbZ vf/kdkj drZO; ;k d`R;] ftldk ¿{ks= iapk;rÀ }kjk iz;ksx ;k laiknu fdlh fu;e }kjk visf{kr gksA 1- m0iz0 vf/kfu;e la[;k 9 o'kZ 1994 ds v/;k;&rhu dh /kkjk 61 }kjk izfrLFkkfirA 2- mi;qZDr dh /kkjk 124 ¼p½ ¼3½ }kjk izfrLFkkfirA

3- mi;qZDr dh /kkjk 124 ¼p½¼4½ }kjk fudkyk x;kA

1

¿mÙkj izns"k ¿{ks= iapk;r rFkk ftyk iapk;rÀ vf/kfu;e] 1961À ¿vuqlwph 7À vuqlwph 7

/kkjk 79 ¼3½ nsf[k,

[k.M fodkl vf/kdkjh ds vuqlwfpr vf/kdkj rFkk dR̀; /kkjk vf/kdkj ;k dR̀; vH;qfDr

1 2 3

1

34 ¼1½ bl vf/kfu;e ds v/khu ¿{ks= iapk;rÀ ds fdUgh

1

vf/kdkjks a ;k dR̀;ks a dks ¿xzke lHkkÀ ] ¿xzke

1

iapk;rÀ ;k Hkwfe izca/kd lfefr dks izfrfufgr djus d s fy;s mldh lEefr izkIr djukA

1

34 ¼2½ ¿{ks= iapk;rÀ dk dksbZ vf/kdkj ;k dR̀; ¿ftyk

1

iapk;rÀ dks izfrfufgr djus ds fy;s mldh

1

¼¿ftyk iapk;rÀ dh½ lEefr izkIr djukA 101 ¼3½ {ks=&fuf/k dk :i; dfri; izfrHkwfr;ks a es a yxkus ds fy;s ljdkj dh Lohdf̀r izkIr djukA

102 ¼2½ [k.M dh lhekvks a ds ckgj Hkwfe vftZr djus ;k fdjk; s ij yus s ds fy;s O;; es a fufer ljdkj dh Lohdf̀r izkIr djuk]

148 ¼/kkjk ekax dk fcy tkjh djukA

161 ds lkFk

ifBr

150 ¼/kkjk ekax dk uksfVl tkjh djukA

161 ds lkFk

ifBr

155 ¼/kkjk ftyk eftLVªsV dks bl vk"k; dk izkFkZuk&i= nsuk 161 ds lkFk fd og [k.M ds ckgj ;k vU; eSftLVªSV dks ifBr½ vf/kdkj&{ks= ds vUrZxr fLFkr laifÙk ds vfHkgj.k ds fy;s fdlh vU; eftLVªsV dks vf/ki= tkjh djsA

1

158 ¼/kkjk ¿{ks= iapk;rÀ dks ns; /kujkf"k;kas dh olwyh ds 161 ds lkRk fy;s okn izLrqr djukA

ifBr½

159 ¼/kkj yxku ;k fdjk;s ds fdlh cdk; s dks ekyxqtkjh 161 ds lkFk ds cdk; s ds :i es a olwy djus dh vis{kk djukA ifBr½

172 fdlh fu;af=r xzkE; {ks= es a fdlh Hkwfe ;k bekjr vihy dh tk ds Lokeh ;k v/;klh dks bl vk"k; dk uksfVl ldrh gSA

1

nsuk fd ¿{ks= iapk;rÀ dh ukyh ;k ml bekjr ;k Hkwfe es]a ;k mlesa gksdj] ;k mlds uhps ls fudkyh tk;xs hA

1

174 ¼1½ fdlh futh ukyh dks ¿{ks= iapk;rÀ dh ukyh esa fxjkus dh vuwefr nsukA

174 ¼2½ fdlh O;fDr ls ;g vis{kk djuk fd og ¿{ks= vihy dh tk

1

iapk;rÀ dh ukyh ls viuh ;k fdlh vU; O;fDr ldrh gSA dh ukyh ls viuh ;k fdlh vU; O;fDr dh ukyh ds tkMs + dks cUn djs] rksM+ ns vkfnA 1- m0iz0 vf/kfu;e la[;k 9 o'kZ 1994 ds v/;k;&rhu dh /kkjk 61 }kjk izfrLFkkfirA

1

¿mÙkj izns"k ¿{ks= iapk;r rFkk ftyk iapk;rÀ vf/kfu;e] 1961À ¿vuqlwph 7À /kkjk vf/kdkj ;k dR̀; vH;qfDr

1 2 3

176 fdlh fu;af=r xzkE; {ks= es a futh lM+d ds vihy dh tk foU;kl dh vuqefr nsukA ldrh gSA

180 nks'kh O;fDr ls dkj.k crkus ;k mifLFkr gksus dh vihy dh tk vIks{kk djuk rFkk fdlh vuuqfer futh lM+d dks ldrh gSA ifjofrZr djus ;k rksM+ nsus dk vkns"k nsukA 181 fdlh fu;af=r xzkE; {ks= es a lM+dks a rFkk ufy;sk a ds vihy dh tk Åij iz{ksiks a ds fuekZ.k dh Lohd̀fr nsuk ldrh gSA 183 lM+dks rFkk ukfy;ks ds Åij vfrØe.k djus okys vihy dh tk Hkkxks a rFkk iz{ksiks a dks gVkus dh vis{kk djukA ldrh gSA 185 fdlh ,sls isM+ dkVus ;k fdlh ,slh bekjr vkfn vihy dh tk ds fuekZ.k ;k mlds fxjk;s tkus dh vuqefr nsuk] ldrh gSA tks lM+d dk mi;ksx djus okys fdlh O;fDr ds

fy;s vojks/k] [krjk ;k Dy's k iSnk djrh gksA

186 fdlh fu;af=r xzkE; {ks= es a lM+d ds fdukjs dh vihy dh tk Hkwfe es a mxh gqbZ >kfM+;ks a vkfn ds dkVus ;k NkaVus ldrh gSA dh vis{kk djukA

187 fdlh edku ;k isM+ ds fxjus ls lM+d ij

vkdfLed vojks/k mRié gks tkus ij mls gVkuk

rFkk Lokeh ls mldk O;; olwy djukA

188 lM+d ls yxh gqbZ bekjrks a ;k Hkwfe;sk a ds Lokfe;ks a vFkok v/;kfl;ks a ls ;g vis{kk djuk fd os ukyh

dk ikuh fudkyus ds fy;s ikbiks a vkSj ty

iz.kkfy;ks a dh O;oLFkk djs a vksj mUgas vPNh n"kk es a j[kasA

195 fdlh dq,a rkykc vfn ds ipkl QhV ds Hkhrj vihy dh tk fLFkr fdlh eyik= dks gVkus ;k cUn djus dh ldrh gSA vIks{kk djukA

197 fu;af=r xzkE; {ks= es a Ik"kqvks a ds o/k ds fy;s Hkwx̀gkfn fuf"pr djuk rFkk ,sls Hkwx̀gkfn ds iz;ksx ds fy;s ykblsla nsuk rFkk okil ysukA

201 ekuo viHkksx ds fy;s vfHkizsr fdlh HkksT; ;k is; inkFkZ ;k Ik"kq dks] tks ,sls miHkksx ds fy;s

vuqi;qDr gks] vfHkxzghr djuk rFkk gVkuk ;k u'V

djuk vkSj blh izdkj dksbZ xrizHkko Hks'kt

eSftLVªV ds lEeq[k izLrqr djukA

1

206 ¿{ks= iapk;rÀ ds [kMats] xanh ukyh vkfn ds fdlh O;fDr }kjk gVk;s ;k ifjofrZr fd;s tkus ds

1

fy;s fyf[kr Lohdf̀r nsuk rFkk ¿{ks= iapk;rÀ }kjk fd;s x;s O;; dks vijkf/k;kas l s olwy djukA 1- m0iz0 vf/kfu;e la[;k 9 o'kZ 1994 ds v/;k;&rhu dh /kkjk 61 }kjk izfrLFkkfirA

THE UTTAR PRADESH [KSHETTRA PANCHAYAT AND ZILA

2 1

PANCHAYAT] ADHINIYAM, 1961

[U. P. ACT NO. XXXIII OF 1961]

Amended by- U. P. Act No.2 of 1963 U. P. Act No. 24 of 1963 U. P. Act No. 16 of 1965 U. P. Act No.6 of 1969 U. P. Act No. 19 of 1970 U. P. Act No. 22 of 1970 U. P. Act No. 18 of 1971 U. P. Act No. 26 of 1972 U. p. Act No. 34 of 1972 U. P. Act No.3 of 1973 U. P. Act No. 37 of 1976 U. P. Act No. 38 of 1978 [Passed in Hindi by the Uttar Pradesh Legislative Assembly on September 14, 1960, and by the Uttar Pradesh Legislative Council with amendments on May, 1961 which were accepted by the Uttar Pradesh Legislative Assembly on May 19, 1961] [Received the assent 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.]

AN

ACT

to provide for the establishment of [Kshettra Panchayats and Zila Panchayatss]² in Uttar Pradesh

WHEREAS it is expedient to provide for the establishment of [Kshettra Panchayats and Zila Panchayats]²in the districts of Uttar Pradesh to undertake certain governmental functions at Kshettra and district levels respectively in furtherance of the principle of democratic ecentralization of governmental functions and for ensuring proper municipal government in rural areas, and to correlate the powers and functions of [Gram Panchayats]²under the United Provinces Panchayat Raj Act, 1947, with [Kshettra Panchayats and Zila Panchayats]²;

IT IS HEREBY enacted in the Twelfth Year of the Republic of India as follows:

CHAPTER I

PRELIMINARY

Short title, 1. (1) This Act may be called the Uttar Pradesh [Kshettra Panchayats and Zila extent and Panchayats]²Adhiniyam, 1961.

commencement

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

1. For S. O. R. see Uttar Pradesh Gazette, extraordinary, dated August 18,1960.

2 . Chapter-III substituted by section 60 of U.P. Act No. 9 of 1994.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 2]

[(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 or direct 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.]³

Definitions 2. 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 Act II of 1934

the purposes of the Constitution of India;

U.P. Act XXII (2) "Schedule Bank" shall have the meaning assigned to the expression in the of 1958 Reserve bank of India Act, 1934;

(3) "Antarim [Zila Panchayat]¹" means the Antarim [Zila Panchayat]¹ constituted under section 4 of the Uttar Pradesh Antarim [Zila Panchayat]¹Act, 1958;

(4) "bye-law" means a bye-law made in exeercise of a power conferred by this Act;

(5) "collector" includes an additional collector to whom the collector may have by order, in writing delegated ally of his functions under this Act ;

(6) "[Kshettra Panchayat]¹" means any [Kshettra Panchayat]¹[incorporated]⁴ under section 5 and shall include any committee, member, officer or servant of the [Kshettra Panchayat]¹authorised or required under this Act to exercise any power or perform any duty or function of the [Kshettra Panchayat]¹under this Act, and '[Kshettra Panchayat]¹' shall mean a [Kshettra Panchayat]¹established under this Act as it stood before its amendment by the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994]⁵;

[(7) "Khand" means the Panchayat area of a Kshettra Panchaayt specified as such under section 3 ;

(8) 'Backward Classes', 'Gram Sabha', 'Gram Panchayat', 'Circle', 'State Election Commission', 'Finance Commissioner' and 'Population' shall have the meanings respectively assigned to them under the United Provinces Panchayat Raj Act, 1947;]²

(9) "house" includes any shop, warehouse, shed and any enclosure used for keeping carts or cattle ;

(10) "rural area" means the area of a district excluding every municipality, notified area, town area, cantonment and area of Nagar Mahapalika situated in the district;

1. Chapter-III of substituted by section 61 of U.P. Act No. 9 of 1994.

2 . Subs. by section 62 (a) ibid.

3. Chapter-III of substituted by section 14 of U.P. Act No. 21 of 1995.

4. Subs. by section 15(a)(i) ibid.

5. Added by section 15(a)(ii) ibid.

2

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 2]

(11) "[Zila Panchayat] 2 " [means] 3 [Zila Panchayat] 2 [incorporated] 5 under section 17 and shall include any committee and any member, officer or servant of the [Zila Panchayat]², authorised or required under this Act to exercise any power or perform any duty or function of the [Zila Panchayat]²under this Act and '[Zila Panchayat]¹' mean a [Zila Panchayat]¹established under this Act as it stood before Act V of 1898 its amendment by the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994] 6 ;

(12) "servant of the [Zila Panchayat]²" means a person in the pay and service of 'the [Zila Panchayat] ;

U.P. Act II of (13) "district board" and "board" means the district board established under 1959 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]⁴;

(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 Panchaayt Raj Act, 1947;]⁷

[( 17) (a) "municipality", "municipal board" and "notified area" shall have the meanings assigned to them under the U. P. Municipalities Act, 1916 ;

(b) "town area" shall have the meaning assigned to it under the U. P. Town Areas Act, 1914;

(c) "cantonment" and "cantonment board" shall have the meanings assigned to them under the Cantonments Act, 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;

(e) "town area committee" or "committee for a town area" means a committee established under section 5 of the U. P. Town Areas Act, 1914;]¹

(18) "Nagar Mahapalika" means a Nagar Mahapalika established under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 ;

(19) "prescribed" means prescribed by the Act or by any rule made thereunder;

1 . Substituted by section 2 of U. P. Act II of 1 963.

2. Chapter-III of substituted by section 61 of U.P. Act No. 9 of 1994.

3 . Subs. by section 62(b) ibid.

4. Subs. by section 62(c) ibid.

5. Chapter-III of substituted by section 15(b)(i) of U.P. Act No. 21 of 1995.

6. Added by section 15(b)(ii) ibid.

7. Added by section 15(c) ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 2]

(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;

(2l) "rule" means a rule made by the State Government in exercise of a power conferred by this Act ;

(22) [***]²

(23) "appointed date" with reference to a Khand or a district respectively means the [date of constitution of the first Kshettra Panchayat for that Khand or, as the case may be, the first Zila Panchayat for the district under this Act as amended by the Uttar Pardesh Panchayat Laws (Amendment) Act, 1994]⁴;

(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;

(26) "division", "'district" and "tahsil" shall have the same meanings as they have in the United .Provinces Land Revenue Act, 1901;

(27) "commissioner of the division"" with reference to a [Kshettra Panchayat]¹or [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]¹or the [Zila Panchayats]¹as the case may be exercises its 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;

(31) [***]⁵

(32) [***]⁵

(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 ;]³ [(35) "Government" means the Central Government or the Government of any State of the Indian Union ;

1. Chapter-III of substituted by section 61 of U.P. Act No. 9 of 1994.

2 . Deleted by section 62 (d) ibid.

3. Subs. by section 62(f) ibid.

4. Chapter-III of substituted by section 15(d) of U.P. Act No. 21 of 1995.

5. Deleted by section 15(e) ibid.

2

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 3-4]

(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, thorughfare, passage or place over which. the public in general have legally enforceable right of way and which is vested in, or maintained by, the Government or a local authority;

(38) "public place" means a place, not being private property, which is open to the use or enjoyment of the public whether such place is vested in the local authority or not ; and

(39) "local authority" includes a [Gram Sabha]³;]¹ [(40) 'Panchayat area' in relation to—

(a) a Kshettra Panchayat means the territorial area of the Kshettra Panchayat; and

(b) a Zila Panchayat means the territorial area of the Zila Panchayat.]⁴

CHAPTER II

[KSHETTRA PANCHAYATS AND ZILA PANCHAYATS]²

[Kshettra Panchayats]²

Division of 3. The State Government shall by notification in the Gazette divide the rural area rural areas into of each district into Khands specifying each Khand by a name and the limits or Khands 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.

Effect of 4. When any area is under section 3 excluded from one Khand and included in changes in another such area shall cease to be subject to the jurisdiction of the [Kshettra Khands Panchayat]²of the Khand from which it has been excluded and become subject to the jurisdiction of the [Kshettra Panchayat]²of 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]²from 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 :

1. Clause (35) of section 1 of the Principal Act deleted and the subsequent Clauses (36) to (40) renumbered respectively as ((35) to (39) by U. P. Act II of 1963.

2. substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1994.

3. Deleted by section 62(g) ibid.

4. Subs. by section 62(h) ibid. [The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 5-6]

Provided that where the area excluded from the one Khand is included in a new Khand having no [Kshettra Panchayat]²constituted therefor, then [until a [Kshettra Panchayat]²is constituted for the new Khand]¹the [Kshettra Panchayat]² of the Khand from which that area has been excluded, shall continue to exercise Jurisdiction in that area, and anything done or any section 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]², shall with respect to the new Kshand, be deemed to have been done or taken by the new [Kshettra Panchayat]²under the provisions of this Act and shall continue in force accordingly until superseded by anything done or any action taken under this Act.

[ {Constitution 5. (1) There shall be a Kshettra Panchayat for every Khand bearing the name of and incorpora- that Khand and constituted as hereinafter provided. tion of Kshettra

Panchayat (2) The Kshettra Panchayat shall be a 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.}³

[(4) 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 Kshettra Panchayat.

(5) The constitution of a Zila Panchayat shall be notified in the Gazette.]⁵ Composition 6. (1) A Kshettra Panchayat shall consist of a Pramukh, who shall be its of Kshettra Chairperson; and --

Panchayat

(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 of Panchayat area and for this purpose the Panchayat area shall be divided into territorial constituencies as follows-

(1) There shall be 20 territorial constituencies in the development blocks of hill area having the population upto 25000 and blocks having the population more than 25000 there shal be gradual proporitonal increase in the number of the territorial constituencies but shall not exceed 40.

(2) There shall be territorial constituencies in the development blocks of plane area having the population upto 5000 and in the developmnet blocks having the population more than 50000 there shall be gradual proportional increase in the number of the territorial constituencies but shall not exceed 40.

Provided that the a part of the territorial constituency in the blocks will be the same a far as practicable;

Provided further that a part of the territorial constituency of the Gram Panchayat shall not be included in the territorial constituency of any Kshetra Panchayat.]⁴

1. Subs. by section 15 of U. P. Act no. 3 of 1973.

2. Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1994.

3. Substituted by section 16 of Chapter-III of U.P. Act No. 21 of 1995.

4 . Subs. by section 5 of UK Act no 8 of 2002.

5. Added by section 8 of Chapter-III of U.P. Act No. 29 of 1995.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 6-A]

(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 States and the members of the State legislative Council who are registered as electors within the Khand.

(2) The member of Kshettra Panchayat mentioned in clauses (a), (c) and (d) of sub-section (1) shall be entitled 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 Up-Pramukh.

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

[(4) Every elected member of the Zila Panchayat representing constituency which comprises, wholly or partly, any Kshettra Paanchaayt, shall be entitled to take part and express his views in the meetings of such Kshettra Panchayat as a special invitee but shll have no right to vote in such meetings.]³ Reservation of 6-A (1) In every Kshettra Panchayat seats shall be reserved for the persons seats 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 propotion to the total number of seats to be filled by direct election in the Kshettra Panchayat as the population of the Scheduled Castes 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 Panchaayt in such order as may be prescribed :

Provided that the reservation for the Backward Classes shall not exceed [fourteen]⁴per cent of the total number of seats in the Kshettra Panchayat :

[Provided further that if the figures of population of the Backward Classes are not available, their population may be determined by carrying out a survey in the prescribed manner.]²

(2) [Not less than one-half]⁴of the seats reserved unde 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-half]⁴of 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 allottd 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 and the Scheduled Tribes and the Backward Classes and the women from contesting election to unreserved seats.

1. substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1994.

2. added by section 18 of Chapter-III of U.P. Act No. 21 of 1995.

prescribed manner.]²

(2) [Not less than one half]⁴of 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-half]⁴of 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 Panchayaats in the State in such order as may be prescribed.

1. substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1994.

2. Added by section 19 of Chapter-III of U.P. Act No. 21 of 1995.

3. subs. by section 3 of UK Act no 30 of 2007.

4 . subs. by section 4 of UK Act no 07 of 2008.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 8-A]

(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. Term of 8. (1) Every Kshettra Panchayat shall unless sooner dissolved under this Act, Kshettra continue for five years the date appointed for its first meeting and no longer. Panchayat and

its members (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, its shall not be necessary to hold any election under this sub-section for constituting the Kshettra Panchayat for such period.

[(3-A) Notwithstanding anything contained in any other provisions of this Act, where, due to unavoidable circumstances or in pubic 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 Commmittee or the Administrator, as the case may be.]⁴

(4) A Kshettra Panchayat constituted upon the dissolution of a Kshettra Panchaayat before the 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 clause (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.]²

8-A [***]³

1. Chapter-III of substituted by section 61 of U.P. Act No. 9 of 1994.

2. Subs. by section 63 ibid.

3. Delected by section 64 ibid.

4. Subs by section 2 of U.K. Act No. 15 of 2002.

6

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961 [Section 9-11]

Term of 9. [(1)]

1 Save as otherwise provided in this Act the term of office of a Pramukh Pramukh and or Up Pramukh of a [Kshettra Panchayat]⁶shall commence upon his election and Up-Pramukh shall extend up to the term of the [Kshettra Panchayat]⁶:

[ * * * ]²

[(2) Where the office of the Pramukh is vacant-

(a) the senior Up-Pramnkh shall discharge the functions of the Pramukh till the Pramukh is elected;

(b) and if the office of senior Up-Pramukh is also vacant, the junior Up- Pramukh shall discharge the functions of the Pramukh till the Pramukh or the senior Up- Pramukh is elected;

(c) and if the offices of both, the senior and junior Up-Pramukhs also are vacant the District Magistrate may, by order, make such arrangements as he thinks fit for the discharge of the functions of he Pramukh, till the Pramukh, senior Up- Pramukh or Junior Up-Pramukh is elected.]⁵

[Temporary 9-A When the Pramukh is unable to discharge his functions owing to absence, arrangement in illness or any other cause, and the office of Up- Pramukhs are vacant, or when the certain cases Up-Pramukh, if any, acting under section 83 during a vacancy in the office of 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 or Up-Pramukh, as the case may be resumes his duties.]⁴

Constiution 10

(1) The State Government shall arrange for the reconstitution of the first and

reconstitution .

[Kshettra Panchayat]⁶for every Khand and for the constitution thereof [before the expiry of its term or when otherwise required for the purposes of this Act]³having of Kshettra regard to the provision of section 6.

panchayat

(2) [***]⁷

(3) [***]⁷

Resignation of 11

[(1) A Pramukh, Up-Pramukh or any elected member of the Kshettra Pramukh, Up-

Panchayat may resign his office by writing under his hand addressed, in the case of Pramukh or . the Pramukh, to the Adhyaksha of the Zila Panchayat concerned and in other cases member to the Pramukh of the Kshettra Panchayat.]⁸

1 . Renumbered by sub-section (1 ) of section 9 of U.P. Act No. 3 of 1 973.

2 . Deleted by section 2 (a) shall be deemed to have been from July 15, 1978 of U. P. Act no. 38 of 1978.

3 . Subs. by section 22(a) of U. P. Act No.3 of 1973 .

4. Insertion by section 2 of U. P. Act No. 37 of 1976.

5. Subs. and shall be deemed to have substituted with effect from October 25, 1978 by sect. 2(b) of U. P. Act no. 38 of 1978.

6. Chapter-III of substituted by section 61 of U.P. Act No. 9 of 1994.

7. Delected by section 65 ibid.

8. Subs. by section 66(a) ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 12-13]

(2) The resignation of the Pramukh shall take effect on and from the date on which the sanction thereto of the Adhyaksh is received in the office of the Kshetpra Samiti and the resignation of an Up-Pramukh or member shall take effect on and from the date on which the notice is received in the office of the [Kshettra Panchayat]¹[and such Pramukh, Up-Pramukh or the member shall be deemed to have vacated his office.]²

[Filling of 12

If a vacancy occurs by reason of death or otherwise in the office of Pramukh, casual Up-Pramukh or an elected member of the Kshettra Panchayat, it [shall be filled vacancies . before the expiration of a period of six months from the date of such vacancy]³in the manner provided for in sections 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.

Disqualifica-

13

A person shall be disqualified for being chosen as and for being a member of tions for

membership of .

a Kshettra Panchayat, if he--

Kshettra (a) is so disqualified by or under any law for the time being in force for Panchayat 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 age 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 the 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 Pachayat 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 turpitute;

(g) has been sentenced to imprisonment for a term exceeding tree months for contravention of any order made under the Essential Commodities Act, 1955;

1. Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1994.

disqualification . Panchayat] 1 under [clauses (a)] 3 of sub-section (1) of section 6, the dispute shall be referred in the manner prescribed to the State Government and the decision of the State Government shall be final and binding.

[(2) If any question arises as to whether a person has been lawfully chosen a member of a Kshettra Panchayat or has ceased to remain eligible to be such member the question shall be referred in the manner prescribed to the Judge, whose decision shall be final and binding.]⁴

(3) If the Judge decides that the member was not lawfully chosen [***]⁵or has ceased to remain eligible to be a member of the [Kshettra Panchayat]¹such member shall cease to be a member of the [Kshettra Panchayat]¹from the date of such decision.

1. Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1994.

2. Subs. by section 67 ibid.

3 . Subs. by section 68 (a) ibid.

4. Subs. by section 68 (b) ibid.

5. Delected by section 68 (c) ibid.

3

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 15]

Motion of no 15

(1) A motion expressing want of confidence in the Pramukh or any Up- confidence in Pramukh of a [Kshettra Panchayat]³may be made and proceeded with in Pramukh or . accordance with the procedure laid down in the following sub-sections. Up-Pramukh

(2) A written notice of intention to make the motion in such form as may be prescribed signed by at least half of the total number of [elected members of the Kshetttra Panchayat]⁴for the time being together with a copy of the proposed motion, shall be delivered in person, by anyone of the members signing the notice, to the Collector having jurisdiction over the [Kshettra Panchayat]³.

(3) The Collector shall thereupon:-

(i) convene a meeting of the [Kshettra Panchayat]³for the consideration of the motion at the office of the [Kshettra Panchayat]³on 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 members of the [Kshettra Panchayat]³notice 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 member, shall be excluded.

(4) The sub-divisional officer of the sub-division in which the [Kshettra Panchayat]³exercises jurisdiction shall preside at such meeting; Provided that if the [Kshettra Panchayat]³exercises jurisdiction in more than one sub-division or 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 precede 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 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).]¹

(5) [Save as provided in sub-sections (4-A) awl (4-B), a meeting]²convened 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]³the motion for the consideration of which the meeting has been convened and declare it to be open for debate.

1. Ins. by section 5 (i) of U. P. Act No. 16 of 1965.

2 . Added. by section 5 (ii) ibid.

3. Substituted by section 61 of U.P. Act No. 9 of 1994.

4. subs by 69(a) ibid.

5. Subs. by section 69 (b)ibid.

3

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 16]

(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.]¹

(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 Office to the State Government and to the [Zila Panchayat]³having Jurisdiction ;

(11) If the motion is carried with the support of [not less than two-thirds]⁴of the total number of members of the [Kshettra Panchayat]³for 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]³ and also by notifying the same in the Gazette; and

(b) the Pramukh or Up-Pramukh, 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 the [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 Up-Pramukh shall be received until after the expiration of [two years]²from the date of such meeting.

(13) No notice of a motion under this section shall be received within [two years]²of the assumption of office by a Pramukh or Up Pramukh, as the case may be.

[Removal of 16

(1) If in the opinion of the State Government, the Pramukh or any Up- Pramukh or

Up-Pramukh .

Pramukh of a Kshettra Panchayat wilfully 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 maintelly incapacitated for performing his duties, the State Government may after giving the Prarnukh or such Up Pramukh, 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 thrity days from the date of the dispatch of the communication for such consultation, by order, remove such Pramukh or Up-Pramukh, as the case may be, from office, and such order shall be final and not open to be questioned in a court of law :

1 . Ins. by section 5 (iii) of U. P. Act No. 1 6 of 1 965.

2. Added by section 5 (iv) ibid.

3. Substituted by section 61 of U.P. Act No. 9 of 1994.

4. Substituted by section 2(a) of U.P. Act No. 20 of 1998.

3

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961 [Section 17-18]

Provided that where, in an enquiry held by such person and in such manner as may be prescribed, a Pramukh or Up-Pramukh is prima facie found to have committed financial and other irregularities, such Pramukh or Up-Pramukh 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 Up-Pramukh, removed from his office under this section, shall not be eligible for re-election as Pramukh or Up-Pramukh for a period of three years from the date of his removal.]²

¹[Zila Panchayats]

[Establishment 17

(1) There shall be a Zila Panchayat for each district bearing the name of the and incorpo- district and constituted as hereinafter provided. ration of Zila .

Panchayats (2) The Zila Panchayat shall be a body corporate.]³ Composition 18

(1) A Zila Panchayat shall consist of an Adhyaksha who shall be its of Zila

Panchayat .

Chairperson, and--

(a) Pramukhs of all Kshettra Panchayat in the district; [(b) elected members, who shall be elected by direct election from the territorial constituencies in the Zila Panchayat area and for this purpose the Panchayat area shall be divided into terriotiral as follows-

(1) Minimum 2 territorial constituencies shall be fixed in the development blocks of hill area having the population upto 24000 and in the development blocks having the population more than 24000 there shall be gradual proportional increase in the number of the territorial constituencies.

(2) Minimum 2 territorial constutiencies shall be fixed in the development blocks of plane area having the population upto 50000 and in the development blocks having the population upto 50000 there shall be gradual proportional incrrease in the number of the territorial constituencies.

Provided that the proportional population of the territorial constituencies in the development blocks will be the same as far as practicable:

Provided further a part of the territorial constituency of the Kshettra pnchyat shall not be included in the territorial constituency of any Zial Panchayat.]⁴

(c) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprose 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 elector within the Panchayat area.

1. Substituted by section 61 of U.P. Act No. 9 of 1994.

2 . Subs. by section 70 ibid.

3. Substituted by section 20 of U.P. Act No. 21 of 1995.

4 . Subs by section 6 of UK Act no 8 of 2002.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 18A-18B]

(2) The members of the Zila Panchaya mentioined 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 Upadhyaksha.

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

[(4) The territorial constituencies of a Kshettra Panchayat may be delimitated in the prescribed manner and, if necessary, rules in this regard may be made with retrospective effect from a date not earlier than the date of commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994.]²

[(5) Any vacancy in an category of member a 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 Kshettra Panchayat.

(6) The consititution of a Zila Panchayat shall be notified in the Gazette.]⁴ Reservation 18-A (1) In every Zila Panchayat, seats shall be reserved for the person belonging of seats to the Schedulted 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 Scheduled 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 Classses shall not exceed

5 [fourteen] percent of the total number of seats in the Zila Panchayat :

[Provided further that if the figures of population of the Backward Classes are not available, their population may be determined by carrying out a survey in the 3 prescribed manner.]

6 (2) [Not less than one half] of the seats reserved under sub-section (1) shall be reserved for the women belonging to the Schedulted Castes, the Scheduled Tribes and the Backward Classes as the case may be.

6 (3) [Not less than one-half] 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 Schedulted Castes and the Scheduled Tribes shall cases 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 Schedulted Castes, the Scheduled Tribes, the Backward Classes and the women from contesting election to unreserved seats.

1. substituted by section 61 of U.P. Act No. 9 of 1994.

2. added by section 21(B) of U.P. Act No. 21 of 1995.

3. Added by section 22 ibid.

4. Added by section 9 of U.P. Act No. 29 of 1995.

5. subs. by section 3 of UK Act no 30 of 2007.

6. subs. by section 4 of UK Act no 07 of 2008

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 18C- 19A]

18-B Electoral roll (1) There shall be an electoral roll for each territorial constituency of a Zila for Zila Panchayat.

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 the 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 an elections to the Zila Panchayat and before the completion of that election shall not be taken into consideration for the purpose of that election.

18-C Right to vote Except as otherwise provided by or under this act, every person whose name etc. is for the time being included in t he 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.

Adhyaksha (1) In every Zila Panchayat an Adhyaksha and a Upadhyaksha shall be 19 and elected by the elected members of the Zila Panchayat from amongst themselves. . Upadhyaksha

(2) The election to the election of Adhyaksha and Upadhyakasha may be held

notwithstanding any vacancy in the office of the elected members of the Zila Panchayat.

19-A Reservation of (1) The offices of the Adhyakshas of the Zila Panchayat in the State shall be the office of reserved for the persons belonging to the Schedulted Castes, the Scheduled Tribes Adhyakshas 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 Panchayat in the State in such order as may be prescribed :

Provided further that the reservation for the Backward Classes shall not 3 exceed [fourteen] per cent of the total number of offices of Adhyakshas in the State :

[Provided further that if the figures of population of the Backward Classes are not available, their population may be determined by carrying out a survey in the 2 prescribed manner.]

1. Substituted by section 61 of U.P. Act No. 9 of 1994.

2. Added by section 23 of U.P. Act No. 21 of 1995.

3. subs. by section 3 of UK Act no 30 of 2007.

2

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 20]

3 (2) [Not less than one-half] of the office reserved under sub-section (1) shall be reserved for the women belonging to the Schedulted Castes, the Scheduled Tribes or the Backward Classes as the case may be.

3 (3) [Not less than one-half] 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 offices of Adhyakshas for the Schedulted Castes and the Scheduled Tribes under this section shall cases 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 Schedulted Castes, the Scheduled Tribes, the Backward Classes and the women from contesting election to unreserved offices. Term of Zila (1) A Zila Panchayat shall, unless sooner dissolved under section 232, 20 Panchayat and continue for five years from the date appointed for its first meeting and no longer. . its members

(2) The term of office of a member of a Zila Panchayat shall, unless otherwise determined under the provisons 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 dissolve 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 :

[(c) subject to the other provisions of this Act, the term of office of a person chosen to be a member under clause (v) of sub-section (1) of section 18, whether before or after January 20, 1990, shall be one year, but he shall continue to hold office til another person is chosen to be a member in his place.

Explanation— For removal of doubts it is hereby declared that the choice of a person to be a member under clause (v) of sub-section (1) of section 18 may be cancelled by the State Government at any time before the constitution or reconstitution of the [Zila Panchayat]²under section 17.]¹

1. added by section 3 of U.P. Act No. 20 of 1990.

2. substituted by section 61 of U.P. Act No. 9 of 1994.

3 . subs. by section 4 of UK Act no 07 of 2008. [The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats]²Adhiniyam, 1961] [Section 21-23] [(3-A) notwithstanding anything contained in any other provisions of this Act, where, due to unavoidable circumstances or in pubic 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 six months as may be specified in the said order and all powers, functions and duties of the Zila Panchayat, its Adhyakshaya and Committees shall vest in and be exercised, performed and discharged by such Administrative Commmittee or the Administrator, as the case may be.]⁶

(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 continue under sub- section (1) had it not been so dissolved.

(5) A person who has became a member of the Zila Panchayat under clause (a), clause (c) or clause (d) of sub-section (1) of section 18 shall cease to be a member upon his ceasing to hold the office by virtue of which he has become such member.

Terms of 21

Save as otherwise provided in this Act, the term of office of the Adhyaksha or Adhyaksha

and .

the Upadhyaksha shall commence on his election and shall end with the term of the Zila Panchayat.]³

Upadhyaksha

[Temporary 21-A [When the office of the Adhyaksha is vacant or he]⁶is unable to discharge his arrangement in functions owing to absence, illness or any other cause, and the office of certain cases Upadhyakasha is vacant or when the Upadhyaksha acting under section 60 during a vacancy in the office of Adhyaksha is unable to discharge his functions owing to absence, illness or any other cause, the State Government may by order; make such arrangement, as it thinks fit, for the discharge of the functions of such Adhyaksha until the date on which the Adyaksha or Upadhyaksha, as the case may be, resumes his duties.]¹

Constitution and 22

(1) The State Government shall arrange for the constitution or reconstitution reconstitution of

[Zila Pancha- . of the [Zila Panchayat]

2 before the expiry of the term of the existing [Zila yats]²and Panchayat]

2 , if any or whenever otherwise required for the purposes of this Act. recovery of exp-

enses of election [(2) [***]

4

1. Ins. by section 3 of U. P. Act No. 37 of 1976.

2 . Substituted by section 61 of U.P. Act No. 9 of 1994.

3. Subs. by section 72 ibid.

4. Omitted sub-section (2) by section 73 ibid.

5. Added by section 8 of U.P. Act No. 33 of 1999.

6. subs by section 2 of UK Act no 15 of 2002. [The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats]²Adhiniyam, 1961] [Section 24-27] [Disqualifica-

23

(1) An authority competent to decide election disputes under this Act or the tion for corrupt

. 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 [***]⁴as a member of a [Kshettra Panchayat]² or a Zila [Zila Panchayat] , or elected as a Pramukh of a [Kshettra Panchayat]²or an Adhyaksha of a [Zila Panchayat]², or of being appointed or retained in any office or place in the gift or disposal of a [Kshettra Panchayat]²or a Zila Parishsd.

(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 mis- representation, 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 any 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 anyone in whom he is interested, but does not include a promise to vote for or against 2 2 1 any particular measure in a [Kshettra Panchayat] or [Zila Panchayat] . ] Resignatgion [(1) An Adhyaksha, Upadhyaksha or any member of the Zila Panchayat may 24 of Adhyaksha, resign his office by writing under his hand addressed, in the case of Adhyaksha, to - Upadhyaksha the State Government and in other cases to the Adhyakasha and delivered to the 3 or member Mukhya Adhikari of the Zila Panchayat.]

1. Subs. by Sec. 13 of U. P. Act No. II of 1963.

2. Substituted by section 61 of U.P. Act No. 9 of 1994.

3. omitted by section 74 ibid.

4. Subs. by section 75 (a) ibid. 3 [The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 27-A]

(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 2 [Zila Panchayat] and the resignation of an Upadhyaksha or member shall take effect on and from the date on which the resignation is accepted by the Adhyaksha [and such Adhyaksha, Upadhyaksha or member shall be deemed to have vacated 4 his office.]

[Filling (1) If a vacancy occurs by reasons of death or otherwise in the office of 25 of casual Adhyaksha, Upadhyaksha or an elected member of the Zila Panchayat, it [shall be - vacancies filled before the expiration of a period of six months from the date of such 8 vacnacy] in the member 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.

Disqualifica-

A person, who is subject to any of the disqualifications mentioned in section 26 tion for being 13, shall be disqualified for being elected as a member under section 18 or as an - 5 a member or Adhyaksha or Upadyhaksha under section 19.] an Adhyaksha

Disputes as to (1) If any dispute arises as to whether a particular person is a member of the 27

2 6 membership or [Zila Panchayat] under [clause (i), clause (iii), [clause (a)] of section 18, the - disqualification 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- 7 2 (a) has been lawfully chosen [***] a member of a [Zila Panchayat] under section 18; or

(b) has ceased to remain eligible for being chosen [***] 4 a member

[xxx]¹of the [Zila Panchayat]³for the purposes of section 20 ; or

(c) has become disqualified to be Adhyaksha or Upadhyaksha 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.

--------------------------------------------------------------

1 . Subs. by Sec. 1 3 of U. P. Act No. II of 1 963.

2. Substituted by section 61 of U.P. Act No. 9 of 1994.

3. Subs. by section 75 (a) ibid.

4. Added by section 75 (b) ibid.

5. Subs. by section 76 ibid.

6. Subs. by section 77 (a) ibid.

7. Deleted by section 77 (b)(i) ibid.

8. Substituted by section 9 of U.P. Act No. 33 of 1999. [The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats]¹Adhiniyam, 1961] [Section 27B- 28] [Bar to legisla-

27-A (1) Notwithstanding anything contained in section 7, 19 and 27- tors and hold-

(a) a person shall be disqualified for being elected as, and for being, a ers of certain

offices becom- Pramukh, Up-Pramukh, Adhyaksha or Upadhyaksha if he is- ing or continu- (i) a member of Parliament or of the State Legislature; or ingas Pramukh,

(ii) Nagar Pramukh or Up-Nagar Pramukh of a Nagar Mahapalika ; or U.P. Pramukh,

Adhyaksha or (iii) President or Vice-President of a Municipal Board ; or Upadhyaksha (iv) Chairman of a Town Area Committee or President of a Notified Area Committee;

(b) if a person after his election as Pramukh, Up-Prarnukh, Adhyaksha or Upadhyaksha is subsequently elected or nominated to any of the offices mentioned in sub-clauses (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, Up-Pramukh, Adhyaksha or Upadhyaksha, and a casual vacancy shall thereupon occur in the office of Pramukh, Up-Pramukh, Adhyaksha or Upadhyaksha, as the case may be ;

(c) no question or dispute as to whether a person has ceased to hold the office of Adhyaksha or Upadhyaksha under clause (b) shall be referred to or be raised before the Judge under section 27 ;

(d) no suit in respect of any question or dispute as to whether a person has ceased to hold the office of Pramukh, Up-Pramukh, Adhyaksha or Upadhyaksha under clause (b) shall lie in any civil court.

(2) Notwithstanding any judgment, decree or order of any court or tribunal to the contrary, where any person after his election as Pramukh, Up-Pramukh, Adhyaksha or Upadhyaksha 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 of Pramukh, Up-Pramukh, Adhyaksha or Upadhyaksha, and a casual vacancy shall

thereupon occur in the office of Pramukh, Up-Pramukh, Adhyaksha Or Upadhyaksha, 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.]² [Prohibition of 27-B No person shall simultaneously— holding more

(a) be a member of a Kshettra Panchayat for more than one territorial than one seat

simultaneously 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 a Zila Panchayat.]³

1. subs section 61 of UP Act no 9 1994.

2. add by section 20 of UP Act no 6 of 1969.

3 . Added by section 24 of U.P. Act No. 21 of 1995. [The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats]³Adhiniyam, 1961] [Section 27B- 28] [Further bar on 27-C (1) A person shall be disqualified for being elected to or holding the office of- holding two (a) a member, Pramukh or Up-Pramukh of a Kshettra Panchayat if he is offices simulta-

a member, Adhyaksha or Upadhyaksha of the Zila Panchayat; and

neously

(b) a member, Adhyaksha or Upadhyaksha of the Zila Panchayat, if he is a member, Pramukh or Up-Pramukh of a Kshettra Panchayat.

(2) A person shall cease to hold the office of member, Pramukh or Up- Pramukh of a Kshettra Panchayat, as the case may be if subsequently or simultaneously, he is elected to the office of member, Adhyaksha or Upadhyaksha 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 electionsd, 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 offices in the Zila Panchaayt shall be deemed vacant.]⁵

Motion of non-

28

(1) A motion expressing want of confidence in the Adhyaksha [or the confidence in

Adhyakhsa [or -

Upadhyaksha]²of a [Zila Panchayat]³may be made and proceeded with in accordance with the procedure laid down in the following sub-sections. Upadhyaksha]¹

(2) A written notice of intent on to make the motion, in such form as may be prescribed, signed by not less than one-half of the total number of [elected members]⁴of the [Zila Panchayat]³for the time being, together with a copy of the proposed motion, shall be delivered in person, by anyone of the [elected members]⁴signing the notice, to the collector having jurisdiction over the [Zila Panchayat]³.

(3) The collector shall thereupon-

(i) convene a meeting of the [Zila Panchayat]³for the consideration of the motion at the office of the [Zila Panchayat]³on 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]⁵notice 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]⁴shall be excluded.

1. Insertion by section 5 (a) of U.P. Act No. 20 of 1990.

2. Ins. by section 5(b) ibid.

3 . Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1994.

4. Subs. by section 78 bid.

5. Added by section 10 of U.P. Act No. 29 of 1995. [The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats]⁴Adhiniyam, 1961] [Section 28]

(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 him- self direct a civil judicial officer not below the rank of a Civil judge subordinate to him to president 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 letter 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 [elected members]⁵at least ten days notice of the next meeting in the manner prescribed under sub-section (3).]¹

(5) [Save as provided in Sub-sections (4-A) and (4-B a meeting]²convened 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]⁴the 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 Lot 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.]³

(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 forthwith on the termination of

the meeting by the presiding officer to the State Government and to the Collector. 6 (11) If the motion is carried with the support of [not less than two-thirds] of 5 4 the total number of [elected members] 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 Parished and also by notifying the same in the Gazette; and

1. Added by section 7 (i) of U. P. Act No. XVI of 1965.

2. Ins. by section 7 (ii) ibid .

3. Ins. by section 7 (iii) ibid.

4. Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1994.

5. Subs. by section 78 bid.

6. Substituted by section 3 (a) of Chapter-III of U.P. Act No. 20 of 1998. 4 [The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 29-30] 2 (b) the Adhyaksha [or the Upadhyaksha, 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 3 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 2 confidence in the Adhyaksha [or the Upadhyaksha, as the case may be] shall be 8 received until after the expiration of [two years] from the date of such meeting.

(13) No notice of a motion under this section shall be receive within [two 9 years] of the assumption of office by an Adhyaksha [or the Upadhyaksha, as the 2 case may be.]

Discharge of (1) If in the opinion of the State Government the Adhyakshs or the Up- 29 Adhyaksha or Adhyaksha while acting in place of Adhyaksha willfully omits or refuses to - Upadhyaksha 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 physically

8 or meantly incapacitated for performing his duties] , the State Government, after

giving the Adhyaksha or Up-Adhyaksha, as the case may be, a reasonable

opportunity for explanation may by order remove him from office [and such order

1 shall be final and not open to be questioned in a Court of law :]

[Provided that where in an enquiry held by such person and in such manner as

may be prescribed, an Adhyaksha or Up-Adhyaksha is prima facie found to have

committed financial and other irregurlarities such Adhyaksha or Up-Adhyaksha

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

5 the Zila Panchayat appointed in this behalf by the State Government.]

6 (2) [***]

(3) An Adhyaksha or Up-Adhyaksha, removed from his office under this section, shall not be eligible for election as Adhvakshs or Up-Adhyaksha for a

period of three years from the date of his removal.

30

[***]

7

-

1 . Insertion by section 1 8 of U. P. Act II of 1 963.

2. Substituted by section 5 (c) and 5 (d) of U.P. Act No. 20 of 1990.

3. Substituted by section 60 and 61 of Chapter-III of U.P. Act No. 9 of 1994.

4. Insertion by section 79 (a) (i) ibid.

5. Added by section 79 (a) (ii) ibid.

6. Omitted by section 79 (b) ibid.

7. Omitted by section 80 ibid.

8. Substituted by section 3(b) of U.P. Act No. 20 of 1998.

9. Subs. by section 3 (c) bid. [The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats]⁴Adhiniyam, 1961] [Section 31-33]

CHAPTER III

POWERS AND FUNCTIONS OF [KSHETTRA PANCHAYATS AND ZILA

PANCHAYATS]¹

Exercise of 31

(1) Every [Kshettra Panchayat and Zila Panchayat]

1 shall exercise the powers powers and and perform the functions conferred and entrusted or delegated to it by or under performance - this Act.

of functions

under the 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]¹or all [Kshettra Panchayats]¹or to any [Zila Panchayat]¹or all [Zila Panchayats]¹any of the functions for the time being performed by any of its departments below or at the district, level and to withdraw the function so entrusted.

[(3) Where the State Government entrusts any function to the 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 the Zila Panchayat or the Kshettra Panchayat, as the case may be.]²

General powers 32

Every [Kshettra Panchayat]

1 shall, within the Khand exercise powers and and functions

of the [Kshettra -

perform the functions specified in Schedule I. Panchayat]¹

General powers 33

(1) Every [Zila Panchayat]

1 shall exercise and perform the following powers and functions and functions-

of [Zila -

Panchayat] (i) to classify fairs and festivals, other than those that are or may hereafter be managed by the State Government as festivals, [Gram Panchayat]¹fairs and festivals, Kashtria Samiti fairs and [Zila Panchayat]¹ fairs and festivals for purpose of management and control by [Gram Panchayats]¹, [Kshettra Panchayat]¹and [Zila Panchayat]¹respectively and to reverse such classification when so deemed necessary or desirable ;

(ii) to classify roads as village roads, inter-village roads and district

roads for the purpose of management by [Gram Panchayat]¹a [Kshettra Panchayats]¹and the [Zila Panchayat]¹respectively;

(iii) to supervise generally in accordance with rules made in this behalf the activities of [Gram Panchayats]¹and [Kshettra Panchayats]¹of the district;

(iv) to act, subject to the rules made in this behalf, as the main channel of correspondence between the State Government on the one hand and the [Kshettra Panchayats]¹and [Gram Panchayats]¹on the other;

(v) the powers and functions specified in Part A of Schedule II ;

(vi) performance of such other functions as may be prescribed ;

(2) A [Zila Panchayats]¹may make reasonable provision within the district in respect of matters specified in Part B of Schedule II.

1. Substituted by section 60 and 61 of Chapter-III of U.P. Act No. 9 of 1994.

2. Added by section 81 ibid. [The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats]¹Adhiniyam, 1961] [Section 34-36] Transfer of 34

(1) Notwithstanding anything contained in this or any other law for the time any function being in force, but subject to the provisions of any rules made by the State by [Zila - Government in this behalf, a [Zila Panchayat]¹or a [Kshettra Panchayat]¹may at Panchayat]¹or any time with the prior sanction of the State Government and with the consent of a [Kshettra

[Gram Sabha]¹, [Gram Panchayat]¹or Bhumi Prabandhak Samiti existing in the Panchayat]¹to

district delegate to such [Gram Sabha]¹, [Gram Panchayat]¹or Bhumi Prabandhak another local

authority Samiti, any of its powers or functions under this Act in respect of the area within which such [Gram Sabha]¹, [Gram Panchayat]¹or Bhumi Prabaudhak Samiti exercises jurisdiction:

Provided that the [Zila Panchayat]¹or the [Kshettra Panchayat]¹may at any time with the sanction of the State Government resum any or all of the powers or functions so delegated.

(2) A [Zila Panchayat]¹may similarly delegate to a [Kshettra Panchayat]¹and a [Kshettra Panchayat]¹to the [Zila Panchayat]¹any of its powers or functions under this Act.

(3) The State Government may at any time direct that any power or function of the [Zila Panchayat]¹shall be transferred to the [Kshettra Panchayats]¹or the [Gram Panchayats]²in the district, that any power or function of the [Kshettra Panchayats]¹shall be transferred to the [Gram Panchayats]²or that any power or function of the [Kshettra Panchayat]¹shall be transferred to the [Zila Panchayat]¹ and of the [Gram Panchayats]²to the [Kshettra Panchayats]¹or the [Zila Panchayat]¹.

Certain powers 35

(1) All powers, duties and functions which have been shown in the second in respect of

[Gram Pancha- -

column of Schedule III hereto in respect of all [Gram Panchayats]⁴within the district shall as and from the appointed date be exercised and performed by the yats]³[Zila Panchayat]¹or the [Kshettra Panchayat]¹of which the [Gram Panchayats]⁴ U.P. Act,

concerned is a constituent [Gram Panchayats]⁴, as may be specified in the third XXVI of 1947

column of that Schedule.

U.P. Act I of

1951 (2) Notwithstanding anything in the United Provinces Panchayat Raj Act,

1 947 or the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1 950, a [Zila Panchayat]¹may require [any Gram Panchayats]⁵in the district to co-ordinate any of its activities with similar activities of the [Kshettra Panchayat]¹and thereupon the [***]⁶[Gram Panchayat]¹and Bhumi Prabandhak Samiti shall comply with the requisition.

Power to 36

Notwithstanding anything contained in the United Provinces Panchayat Raj sanction bye- Act, 1947, and any rules made thereunder or any other law for the time being in laws framed - force -----

by [Gram (a) the power to approve and sanction the proposal of a [Gram Panchayats]⁷in Panchayats]⁷a district to impose any tax or rate described in section 37 of the said Act and the and their tax power under sections 111 and 112 of the said Act to frame and sanction the bye-laws proposals U.P. for any [Gram Panchayats]⁷within the district shall as from the appointed date vest in Act XXVI of and belong to the [Zila Panchayat]¹of the district; and

1947

(b) [***]⁸

1 . Substituted by section 60 and 61 of U.P. Act No. 9 of 1 994.

2 . Subs. by section 82 ibid.

3. Subs. by section 83 (a) ibid.

4. Subs. by section 83 (b) ibid.

5. Subs. by section 83 (c)(i) ibid.

6. Subs. by section 83 (c)(ii) ibid.

7. Subs. by section 84 (a) ibid.

8. Omitted by section 84 (b) ibid.

2

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 37-39]

Saving in 37- Nothing in this Act shall-

respect of

(1) confer on any [Kshettra Panchayat]²or [Zila Panchayat]²any right in jurisdiction of

[Zila respect of any work or institution carried out and maintained by any agency not Panchayat] under the control of such [Kshettra Panchayat]

2 or [Zila Panchayat] 2 ; or and [Kshettra (2) entitle a [Kshettra Panchayat]²or [Zila Panchayat]²to exercise within Panchayats] the limits of any Nagar Mahapalika, municipality, notified area, cantonment or town area any authority which is vested in the Nagar Mahapalika, municipal board, notified area committee, cantonment board, district magistrate, any other magistrate or town area committee, as the case may be, provided that the [Kshettra Panchayat]²or [Zila Panchayat]²may nevertheless -

(a) [***]¹

(b) construct, maintain and control within the aforesaid limits any school, library, hospital, dispensary, poor house, asylum, orphanage, inspection house or other building or institution which is not maintained exclusively for the benefit of persons residing within the aforesaid limits, and

(c) do anything within the aforesaid limits the doing of which is necessary for the efficient discharge of its functions under this Act. Power of 38- A [Kshettra Panchayat]

2 or a [Zila Panchayat] 2 may, subject to any rules Kshettra Pan-

made in this behalf- chayat]²or

(a) unite with any other' [Kshettra Panchayat]²or [Zila Panchayat]²as [Zila Pancha-

yat]²to co- the case may be,or other local authority in works or undertakings which operate with benefit all the areas controlled by it and such authority; and other authori-

(b) contribute to any work or institution from which the Khand or the ties and to district, as the case may be, benefits, although such work or institution is assist institu-

undertaken or maintained outside the khand or the district or is included in tions not

any Nagar Mahapalika, municipality, cantonment, notified area or town area managed by it

.

CHAPTER IV

OFFICERS AND SERVANTS OF [ZILA PANCHAYAT AND KSHETTRA

PANCHAYATS]²

Officers and 39- [(1) Subject to any special directions issued by the State Government from servants of time to time, Zila Panchayat shall have the following posts of officers :-- the [Zila

(i) Mukhya Adhikari ; Panchayat]²

(ii) Apar Mukhya Adhikari ;

(iii) Vitta Adhikari ;

(iv) Chikitsa Evam Swasthya Adhikari ;

(v) Peyjal Abhiyata;

(vi) Vikash Adhikari;

(vii) Karya Adhikari ;

(viii) Abiyanta;

1 . Del. by section 9 of U. P. Act No. XVI of1 965.

2. Substituted by section 60 and 61 of U.P. Act No. 9 of 1994.

2

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 39]

(ix) Basic Shiksha Adhikari;

(x) Krishi Adhikari;

(xi) Sahkarita Adhikari;

(xii) Pashudhan Adhikari;

(xiii) Samaj Kalyan Adhikari;

(xiv) Grameen Abhiyantran Abhiyanta;

(xv) Yuva Kalyan Adhikari;

(xvi) Bhoomi Sanrakshan Adhikari;

(xvii) Udhyag Adhikari;

(xviii) Panchayat Raj Adhikari;

(xix) Laghu Sinchai Abhiyanta;

(xx) Bal Vikas Adhikari;

(xxi) Kar Adhikari;

(xxii) Matsya Adhikari;

(xxiii) Ganna Adhikari;

(xxiv) Dugdha Adhikari;

(xxv) Madhyamik Shiksha Adhikari;

(xxvi) Nalkoop Abhiyanta.

(2) Subject to such conditions as may be prescribed the [Zila Panchayat]² may, in connexion with its affairs, create posts of such other officers (including Atirikt Abhiyanta and Atirikt Swasthya Adhikari) and other servants as may be prescribed by rules [*** ]¹

[***]¹

[(3) The Chief Executive Officer and where the Chief Executive Officer is not posted in a district, the Chief Development Officer, the Deputy Chief Medical Officer nominated by the Chief Medical Officer, the Executive Engineer, Jal Nigam, the District Development Officer, the Basic Shiksha Adhikari, the District Agriculture Officer, the Assistant Registrar Co-operative Societies, the Chief Veterinary Officer, the District Social Welfare Officer, the Executive Engineer Rural Engineering Services, the District Yuth Welfare Officer, the District Soil

Convservation Officer, the District Horticulture Officer, the District Panchayat Raj Officer, the Executive Engineer Minor Irrigation, the District Programme Officer (Child Development Project), the Assistant Director (Fisheries) or the Chief Executive Officer, Fish Farmers Development Agency, as the case may be, the District Cane Development Officer, the Deputy Dairy Development Officer, the District Inspector of Schools and the Executive Engineer (Tube-well) of the State Government shall also hold respectively posts mentioned in clauses (i), (iv), (v), 4 (vi), (ix) to (xx) and (xxii) to (xxii) of sub-section (1).] [(3-A) The State Government may direct that all or any of the posts 5 mentioned in [clauses (vii), (viii) and (xxi) of sub-section (1)] shall be held ex- officio by such officers and on Such terms and conditions as may be specified.

1. Subs. by section 10(i) of U. P. Act No. XVI of 1965.

2. Substituted by section 61 of U.P. Act No. 9 of 1994.

3. Substituted by section 10 (a) of U.P. Act No. 33 of 1999.

4. Subs. by section 10 (b) ibid.

5. Subs. by section 10 (c) ibid.

2

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 40-43]

(3-B) The State Government may, by order, create any other post of officer or 2 servant in a [Zila Panchayat] and---

(a) direct that such post shall be held ex-officio by such officer or servant of the State Government as may be specified or

(b) appoint any person to such post; or

(c) regulate the recruitment to such post, and further specify the terms and conditions on which the post shall be held.

(3-C) Any post created under sub-section (3-B) shall not be abolished without 1 the sanction of the State Government.]

2 (4) The work of the [Zila Panchayat] shall be carried on in departments and the departments and the officers, who will be their heads shall be specified by rules.

Qualifications, (1) The qualifications of persons to be appointed to the posts of Vitta 40 conditins of Adhikari, Karya Adhikari, Abhiyanta and Kar Adhikari created under sub-section - service, etc. (1) of section 39 and to all posts created under sub-section (2) of that section shall be as may be prescribed.

(2) The emoluments and other conditions of service of officers and other 2 servants of the [Zila Panchayat] shall be such as may be prescribed. Employment (1) Subject to any rules made in this behalf, the State Government may- 41 2 of servant of (a) at the request of the [Zila Panchayat] and for such time and on such - Government terms as may be agreed to place at the disposal of the [Zila Panchayat] the under the [Zila

services of any of its servants; and 2 Panchayat]

(b) whenever the work of any Government office is transferred to a [Zila 2 2 Panchayat] , by order in writing require the [Zila Panchayat] to employ on such posts and on such terms as may be specified in the order either the entire staff of the office of Government connected with that work or such of the servants in that office as may be designated or nominated by the State Government and the services of such staff or servants shall thereupon be

deemed to have been placed at the disposal of the [Zila Panchayat]²for the time being :

Provided that a servant so employed with a [Zila Panchayat]²may at any time be recalled by the State Government.

(2) The salaries and allowances of servants referred to in sub-section (1) shall be paid out of the Zila Nidhi as if they were servants of the [Zila Panchayat]². Appointment of 42

The Vitta Adhikari of the [Zila Panchayat] 2 shall be appointed by the State Vita Adhikari

- Government in the manner provided by rules. Method of 43

(1) Appointments to the posts of Karya Adhikari, Abhiyanta and Kar Adhikari appointment of and the posts created under sub-section (2) of section 39 [carrying such pay scales Abhiyanta and - as the State Government may, by notification, fix]³shall be made by the [Zila to certain other Panchayat]²in consultation with the State Public Service Commission or such posts

other Commission or Selection Board as may be constituted by the State Government in this behalf for all [Zila Panchayats]²or any groups of [Zila Panchayat] s separately (in either case here-after referred to as the Commission) in the manner prescribed :

1. Subs. by section 10 (IV) of U. P. Act no. XVI of 1965.

2. Substituted by section 61 of U.P. Act No. 9 of 1994.

3. Subs. by section 86 (a) ibid.

5

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 44-45]

Provided that if there is a difference of opinion between the Commission and the [Zila Panchayat]⁵the matter shall be referred to the State Government whose decision shall be final.

(2) Except in the case of [such other]²class of posts which the State Government may specify, appointments to posts connected with any department of the [Zila Panchayats]⁵specified by rules and 39 [carrying such pay scales as the State Government may, by notification, fix]⁶shall be made by the Mukhya Adhikari.

[(3) Except as otherwise provided in this Act, appointments to posts under the [Zila Panchayat] , other than those covered by sub-sections (1) and (2), shall be made by the Adhyaksha-----

(a) [***]³

(b) in the case of others, on the advice of the Chunao Samiti constituted under section 45;

Provided that if in any case the Adhyaksha is of opinion that the advice of [the Chunao Samiti]⁴is improper or unfair, he may make a reference to the Commissioner of the Division whose decision in the matter shall be final and binding.]¹

(4) Notwithstanding anything in the preceding sub-section- --

(a) if the State Government has made any order under sub-section (1) of section 41, that order would prevail, and

(b) the State Government may at any time require a [Zila Panchayat]⁵to take in its own service any such Government servant whose services have been placed at the disaposal of the [Zila Panchayat]⁵under clause (b) of sub- section (1) of section 41 and who has given has consent in that behalf and upon being so taken in the service of the [Zila Panchayat]⁵such servant shall cease to be Government servant and shall become a servant of the [Zila Panchayat]⁵.

Central trans- 44

Notwithstanding anything in sections 41, 42 and 43, the State Government ferable cadre may at any time create a central transferable cadre of Karya Adhikaris, Abhiyantas, of certain - Vitta Adhikaris and other officers and where any such cadre has been created, classes of appointment to the posts of Karya Adhikaris, Abhiyantas, Vitta Adhikaris or other servants

officers aforesaid, as the case may be, shall be made out of the persons of the cadre concerned in such manner and on such terms as may be prescribed by rules, and notwithstanding anything elsewhere in this Act, selection of persons to any such cadre and the transfer and punishment of officers of the cadre shall be regulated by rules.

Chanao Samiti 45

There shall be a Chunao Samiti consisting of the following members-

(a) the Adhyaksha -- Chairman; -

(b) a member of the Karya Samiti to be nominated by the Karya Samiti yearly ;

(c) the head of the department for which the appointment is to be made— Secretary.

(2) In tendering advice the committee shall take its decision by majority vote, each member of the committee having one vote.

1. Subs by sect 11 of U. P. Act XVI of 1965.

2. Subs by sect 18 of U. P. Act No XXXIV of 1972.

shall be terminated after such notice and on such terms as he would have been entitled to on the abolition of the post held by him if this Act had not been passed;

(e) in making appointments under clauses (a) and (b) due regard will be made for the length of service and experience of the officers and servants; and

(f) an officer or servant appointed to a post of which the pay or time- scale of pay is less than his present pay or time-scale of pay, may, within thirty days of the order by which he has been appointed to that post make a representation to the State Government and in that case the decision of the State Government shall be final and binding.

(3) The service rendered by any such officer or servant under an aforesaid District Board or Antarim [Zila Panchayat]²shall for the purposes of leave, pension and grant of gratuity or allowance be deemed to be service rendered under the [Zila Panchayat]².

[Officiating 47

(1) Notwithstanding anything in sections 43, 44 and 46 officiating and and temporary

appointments -

temporary appointments to posts mentioned in sub-section (1) of section 43 may be made by the appointing authority specified in section 43 or in the rules made to certain post under section 44 without consulting the Commission, but no such appointment shall, except as provided in sub-section (2), continue beyond a period of one year save after consultation with the commission.

1. Ins. by sec. 20 of U. P. Act no. II of 1963.

2 . Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1994.

3. Substituted by section 25 of U.P. Act No. 21 of 1995.

2

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 48-51]

(2) The appointments made under sub-section (1) may, in special circumstances and where the appointing authority is the [Zila Panchayat] , with the approval of the Government be continued without consulting the commission for a period not exceeding two years.]¹

Officers and 48

(1) Subject to the provisions of other sub-sections the qualifications, pay- servants of

[Kshettra -

scales, number and conditions of service of officers and servants to be employed with each Kahettra Samiti to enable it to carry out its functions under the Act shall Panchayats]²be such as the State Government may specify.

(2) The services of officers and staff employed for the time being at development blocks in each district of Uttar Pradesh shall be placed at the disposal of [Kshettra Panchayats]²on such terms and conditions as the State Government may specify:

Provided that the State Government may at any time direct that the [Zila Panchayat]²shall constitute a district cadre in respect of any class of servants presently employed at development blocks and in that case the [Zila Panchayat]² shall constitute such a district cadre and shall place the services of members of such cadre at the disposal of [Kshettra Panchayats]²as provided in sub-section (3).

(3) The [Zila Panchayat]²shall provide each [Kshettra Panchayats]²with all staff in addition to the staff mentioned in sub-section (2) required by the [Kshettra Panchayat]²enable to it carry out its functions under the Aet and the services or all such staff shall be deemed to be placed at the disposal of the [Kshettra Panchayat]² on such terms as the State Government may specify.

Khand Vikas 49

(1) Each [Kshettra Panchayat] 2 shall have a Khand Vikas Adhikari. Adhikari for

(2) The Block Development Officer whose services have for the time being each [Kshettra -

Panchayat]²been placed at the disposal of [Kshettra Panchayat] 2 shall be the Khand Vikas

Adhikari of the [Kshettra Panchayat]².

Powers, functi-

50

(1) The powers, functions and duties of the officers and other servants of [Zila ons and duties Panchayats]²and [Kshettra Panchayats]²shall be such as may be provided by or of officers and - under this Act, by or under any other enactment by rules. other servants

of [Zila (2) Subject to the provisions of sub-section (1) heads of departments of a Zila Panchayats]²Parsishad in the case of officers and other servants working in their respective and [Kshettra departments and the Mukhya Adhikari in the case of other officers and, servants Panchayats]²may assign to them powers, functions and duties and the Khand Vikas Adhikari may assign powers, duties and functions to officers and other servants employed with the [Kshettra Panchayat]²of which he is the Khand Vikas Adhikari. Control over 51

(1) (a) The [Zila Panchayat] 2 shall exercise such control over the Mukhya the officers

and servants -

Adhikari and other Heads of Departments as may be prescribed and the Adhyaksha shall have a right to send every year his assessment of the work and conduct of the of [Zila Mukhya Adhikari of the authority which is required to record periodical entries Panchayat]²

about the work and conduct of the Mukhya Adhikari as a Government servant.

(b) The authority aforesaid shall in addition to recording any other entry about the work and conduct of the said Government officer record also the assessment sent by the Adhyaksha under clause (a).

1 . Subs. by section 1 2 of U. P. Act No. XVI of 1 965.

2. Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1994.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 52-54]

(2) The Mukhya Adhikari shall have administrative control over all officers and servants employed with the [Zila Panchayat]¹[***]²and in particular, he shall have the right to send every year to such authority, if any, which is required to record periodical entries about the work and conduct of each such officer or servant as a Government servant his assessment of the work and conduct of the officer or servant. Such authority shall, in addition to recording an entry about the work and conduct of the said Government servant, also record the assessment sent by the Mukhya Adhikari.

(3) [***]³

(4) Heads of departments of the [Zila Panchayat]¹shall have immediate control over officers and servants working in their respective departments. Control over 52

(1) The Prarnukh shall have general control over the Khand Vikas Adhikari. the officers

and servants of - (2) All other officers and servants employed with the [Kshettra Panchayat] [Kshettra shall work under the general control of the Khand Vikas Adhikari. Panchayats] (3) Officers and other servants of the Kshettrs Samitis shall work under such immediate control as the State Government may specify.

(4) The transfer and the recording of periodical entries in the character rolls of officers and other servants employed with a [Kshettra Panchayat]¹and the grant of casual leave to them shall be governed by rules in this behalf made by the State Government.

Punishment of The punishment of officers and other servants employed with the [Zila 53 1 1 servants of Panchayat] or with any [Kshettra Panchayat] including appeals from orders or - [Zila Pancha-

punishment, the power of revision, if any, of appellate orders and suspension yat] and pending enquiry shall be regulated by rules:

[Kshettra

Panchayat] Provided that the authority which is given the power to dismiss remove from service or reduce in rank any officer or servant shall not be lower in rank than the appointing authority for the post held by such officer or servant:

Provided secondly, that in the case of employees whose appointment is required to be made in consultation with the State Public Service Commission, it shall be necessary for the punishing authority to consult the Commission in the manner prescribed before passing an order for the dismissal, removal or reduction in rank of any such employee.

Power of State (1) Where an authority specified in section 43, fails within a reasonable time 54 Government to to make an appointment to a post specified in section 39 or created thereunder, - make appoint-

whether in the manner provided in section 43 or in pursuance of an order made ments etc. under clause (b) of sub-section (1) of section 41, the State Government may, after giving such authority a reasonable opportunity to make the appointment and consulting the Commission, if necessary make appointment thereto and such appointment shall be deemed to have been made in accordance with this Act.

1. Substituted by section 61 of U.P. Act No. 9 of 1994.

2. Omitted by section 87(a) ibid.

3. Omitted by section 87(b) ibid.

2

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 55-56]

2 2 (2) Where [Zila Panchayat] fails to provide to any [Kshettra Panchayat] any staff under sub-section (3) of section 48, the State Government may provide such 2 staff out of the staff of the [Zila Panchayat] and such staff shall be deemed to have 2 been placed on deputation with the [Kshettra Panchayat] under the said sub- section.

All officers [Every Adhyaksha, Up Adhyaksha, Pramukh, Up Pramukh, officer or servant 55 1 2 2 and servants of of] a [Zila Panchayat] or a [Kshettra Panchayat] , shall be deemed to be a public - servant within the meaning of the Indian Penal Code, 1860, and in the definition-of a [Zila Pan-

2

legal remuneration in section 161 of the Code, the word "Government" shall, for chayat] or a 2 [Kshettra Pan-

the purpose of this section, be deemed to include [Zila Panchayat] and a [Kshettra

2

2 chayat] to be Panchayat] . public servants

Act 45 of 1860

CHAPTER V

2 CONDUCT OF BUSINESS OF [ZILA PANCHAYATS] AND [KSHETTRA

2 PANCHAYATS]

Exercise of (1) The powers, duties and functions specified in the second column of 56 power of [Zila Schedule IV, with the Exception of those against which an entry is shown in the

2

- Panchayats] third column of that Schedule, may be exercised and shall be performed by a [Zila

Panchayat]²by resolution passed at a meeting and not otherwise.

(2) The following powers, duties and functions of a [Zila Panchayat] shall be exercised and performed by the Adhyaksha of the [Zila Panchayat]²; namely-

(a) the determination, in accordance with the provisions of this Act and any regulations in this behalf of questions arising in respect of the service, leave, pay, allowance and other privileges of servants of the [Zila Panchayat]² in respect of whom the appointing authority under section 43, is the [Zila Panchayat]²;

(b) the submission to the prescribed authority, the District Magistrate or the State Government, any statements, accounts reports, copies of documents; copies of resolutions passed by a [Zila Panchayat]²or any committee thereof or proposals and objections required to be submitted under this Act ;

(e) such of the powers, duties and functions referred to in the second column of Schedule IV, as are required under the third column thereof to be exercised or performed by the Adhayksha or as they are delegated by the [Zila Panchayat]²under section 57 of the Adhyaksha ;

(d) all other powers, duties and functions of the [Zila Panchayat]²not expressly required to be exercised or performed by resolution which have not been specified in the second column of Schedule IV and which have not been delegated by the [Zila Panchayat]²under section 57 to any authority other than the Adhyaksha.

(3) The powers, duties and functions, specified in the second column of Schedule V, shall be exercised and performed on behalf the [Zila Panchayat]², by the Mukhya Adhikari.

1 . Subs. by section 1 3 of U. P. Act No. XVI of 1 965.

2. Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1994.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 57-58]

Delegation of 57

(1) With the exception of a power , duty or function -- power by [Zila

Panchayat] - (a) specified in the second column and against which no entry is shown in the third column of Schedule IV or the entry shown in the third column requires the power, duty or function to be exercised or performed by any particular officer or authority:

(b) reserved or assigned to the Adhyaksha by clauses (a) and (b) of sub- section (2) of section 56 or by section 58 ; and

(c) reserved to the Mukhya Adhikari of a [Zila Panchayat]¹under section 78 ;

a [Zila Panchayat]¹may delegate by regulation all or any of the powers duties or functions conferred or imposed on or assigned to it under this Act:

Provided that if any powers duty or function specified in the second column of Schedule IV, is by the entry against it in the third column, made delegable only to a specified officer or authority, the delegation in respect of such powers, duty or function may be made to that officer or authority only.

(2) Except as provided in sub-section (3), a [Zila Panchayat]¹shall not itself exercise or perform or interfere in the exercise or performance of any power, duty or function which it has delegated under sub-section (1).

(3) The delegation by the [Zila Panchayat]¹under sub-section (1) of any power, duty or function may be made subject to the condition that all or any orders made in pursuance of such delegation shall be subject to the right of appeal to, or revision by the [Zila Panchayat]¹with in a specified period.

(4) Nothing in the foregoing provisions of this section shall be deemed to prevent a resolution of a committee of a [Zila Panchayat]¹being carried into execution by any agency duly authorised in this behalf by or under this Act, or to preclude any servant of the [Zila Panchayat]¹from acting within the scope of his employment.

Duties of 58

It shall be the duty of Adhyaksha- Adhyaksha

- (a) unless provided otherwise by this Act or prevented by reasonable cause-

(i) to convene and preside at all meetings of the [Zila Panchayat]¹ and of such of its committees as may be prescribed in this behalf ;

(ii) otherwise to control in accordance with any regulation made in this behalf the transaction of business at, all meetings of the [Zila Panchayat]¹;

(b) to watch over the financial and superintend the executive administration of the [Zila Panchayat]¹, and bring to the notice of the [Zila Panchayat] any, defect therein; and

1 . Substituted by section 61 of U.P. Act No. 9 of 1 994.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 59-61]

(c) to perform such other duties as are required of or imposed on him under this Act or the rules made thereunder of any other law for the time being in force. Delegation by 59

(1) The Adhyaksha of a [Zila Panchayat]

1 may, by general or special order, Adhyaksha to

Upadhyaksha -

empower the Upadhyaksha or the Mukhya Adhikari to exercise or perform under his general guidance any one or more of his powers, duties or functions except and the those specified in clauses (a) and (b) of section 58. Mukhya

Adhikari (2) An order by the Adhyaksha under sub-section (1) may prescribe any condition, and impose any restriction, in respect of the exercise of any power and the performance of any duty or of any function.

Duties of 60

An Upadhyaksha shall- Upadhyaksha

- (a) in the absence of the Adhyaksha, preside at the meetings of the [Zila Panchayat]¹, unless prevented by reasonable cause from doing so, and shall perform all the duties and functions and may exercise as the powers of the Adhyaksha when presiding at a meeting;

(b) during a vacancy in the office of Adhyaksha or in case of urgent

necessity or during the temporary absence or in capacity of the Adhyaksha, perform any other duty or function and exercise any other power of the Adhyakshs ;

(c) at any time perform any duty or function and exercise, when occasion arises, any power delegated to him by the Adhyaksha under section 59 ;

(d) preside in the absence of the Adhysksha at the meetings of the Karya Sarniti unless prevented by reasonable cause from doing so, and shall perform all the duties and may exercise all the powers of the Adhyaksha when presiding at a meeting :

Provided that in the case of clause (d), the exercise of such powers and the performance of such duties and functions of the Adhyaksha while he is in office, as are specified in rules made in this behalf, shall be subject to the prior approval of the Karya Samiti.

Meetings

Meetings of 61

[(1) A Zila Panchayat shall meet for the transaction of business at least once [Zila

Panchayats]¹-

in every two months;

Provided that the date to be appointed for the first meeting of a Zila Panchayat, shall be within thirty days from the date of its constitution.]²

(2) The Adhyaksha or in his absence from the district, the Upadhyaksha may convene a meeting of the Zila [Zila Panchayat]¹whenever he thinks fit and shall, upon a requisition made in writing by not less than one-fifth of the members of [Zila Panchayat]¹and served on the Adhyaksha or sent by registered post acknowledgment due, addressed to the [Zila Panchayat]¹at its office, convene a meeting of the [Zila Panchayat]¹within a period of one month from the date of the service or receipt of such requisition.

1 - substituted by section 61 of U.P. Act No. 9 of 1 994. 2-Subs. by section 6 of UK Act no 13 of 2006.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 62-64]

(3) A meeting may be adjourned until the next or any subsequent day, and an adjourned meeting may be further adjourned in like manner.

(4) Every meeting shall be held at the office of the [Zila Panchayat] or at some other convenient place of which notice has been duly given. Procedure of 62

The following matters relating to meetings of [Zila Panchayat]

1 shall be etc. meetings - governed by rules:---

(a) transaction of business at the meeting ;

(b) quorum for transaction of business ;

(c) presiding over the meeting in the absence of Adhyaksha and the Upadhyaksha ;

(d) asking of questions by members;

(e) publicity of meeting;

(f) maintaining of order at the meeting;

(g) decision by vote ;

(h) minute book and resolutions;

(i) right of government servants, persons authorized by the State Government and other persons to attend and take part in discussions ; 1 (j) right of [Zila Panchayat] to require attendance of servants of the State Government to attend its meetings ;

1 (k) right of officers of the [Zila Panchayat] in regard to meetings ; 1 (l) right of the [Zila Panchayat] to require reports, returns; etc. from the Mukhya Adhikari ; and

(m) other incidental matters which need or ought to be prescribed. [Preparation of (1) A Zila Panchayat shall prepare every year a development plan for the 63 District plans district after including the development plans of the Kshettra Panchayats of the - district.

(2) The plan referred to in sub-section (1) shall be prepared by the Krya Samiti of the Zila Panchayat in the manner prescribed and the Mukhya Adhikari shall lay such plan before the Niyojan Samiti, which may make such recommendation relating thereto, as it thinks fit.

(3) the plan alongwith the recommendations, if any of the Niyojan Samiti shall be laid by the Adhyaksha before the Zila Panchayat which may approve it in such form as it may think fit and shall submit it to the District Planning Committee referred to in Article 243-ZD of the Constitution by such date as may be 2 prescribed.]

1 Committees (1) As soon as may be, after the [Zila Panchayat] has been constituted or re- 64 of [Zila constituted under section 22, it shall appoint the following committees in the

1

- Panchayat] manner and for performance of duties hereinafter provided :

1. Substituted by section 61 of U.P. Act No. 9 of 1994.

2. Substituted by section 88 ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 65-66]

(a) Karya Samiti ;

(b) Vitta Samiti ; [(c) Shiskha Evam Jan Swasthya Samiti ;

(d) Krishi Udhyog Evam Nirman Samiti ; and 2 (e) Samata Samiti.]

1 (2) The [Zila Panchayat] shall also have a Niyojan Samiti for the performance of functions specified in this Act and composed of-

(a) The Adhyaksha who will be the Chairman;

(b) The Upadhyaksha, who will be the Vice-Chairman;

(c) The Mukhya Adhikari who shall be the Secretary of the Committee ; and

(d) all district level officers. [Constitution (1) Notwithstanding anything to the contrary contained in any other 65 of committees provisions of this Act or the rules made thereunder, every Zila Panchayats shall, in - of Zila place of all or any of the committees referred to in sectioin 64, hereinafter in this

Panchayat section referred to as erstwhile committee, constitute such other committee or notified by the committees, as may be notified by the State Government for the exercise and State performance of all or any of the powers, functions or duties assigned to erstwhile Government committee under this Act and may also delegate to such committee or committees such of its oter powers, functions or duties assigned to erstwhile committee under this Act and may also delegate to such committee or committees such of its other powers, functions or duties as it may deem fit and upon constitution of a committee under this section in place of an erstwhile committee with respect to its any specified power, function or duty, the erstwhile committee with respect to that power, function or duty shall stand abolished and any reference to the erstwhile committee in any provisions of this Act or the rules made thereunder shall be construed as a reference to the committee constituted under this section.

(2) Every Committee constituted under sub-section (1) shall consist of a Chairman and six other members, who shall be elected by the members of the Zila Panchayat from amongst themselves in such manner as may be notified by the State Government :

Provided that in each such committee there shall be at least one woman member, one member belonging to Schedule Castes or Scheduled Tribes and one member belonging to Backward Classes :

Provided further that the State Government, by notifications direct that the Adhyaksha or Upadhyaksha or any other member of Zila Panchayat shall be the Chairman of any such Committee.]³

Constitution of 66

(1) The Karya Samiti shall consist of- Karya Samiti

- (a) the Adhyaksha ,

(b) the Upadhyaksha,

(c) chairmen of the committees specified in clauses (b) to (e) of sub- section (1) of section 64,

1 . Substituted by section 61 of U.P. Act No. 9 of 1 994.

2 . Substituted by section 89 ibid.

3. substituted by section 12 of U.P. Act No. 33 of 1999.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 67-69]

(d) three or six persons to be elected by the members of the [Zila Panchayat]¹out of themselves, according as the number of such members is up to forty or above forty.

(2) The Adhyaksha and the Upadhyaksha shall respectively be the Chairman and the vice-Chairman of the Karya Samiti.

(3) The Mukhya Adhikari of the [Zila Panchayat] shall be the Secretary of the Karya Samiti.

Constitution 67

(1) Each of the committees specified in clauses (b) to (e) of sub-section (1) of of other

Committees -

section 64 shall consist of six or nine members to be elected by the members of the [Zila Panchayat]¹out of themselves according as the total number of members of specified in the [Zila Panchayat]¹is up to 40 or over 40. sub-section (1)

of section 64 (2) The Adhyaksha shall be the ex officio member and Chairman of the Vitta Samiti [and Shiksha Evam Jans Swasthya Samiti]².

Method and 68

(1) The election of members of the committees specified in sub-section (1) of manner of section 64 shall be made by the method of single transferable vote and in the election of - manner to be prescribed.

member and

term of (2) The term of each committee specified in sub-section (1) of section 64 Committees shall last till the term of the [Zila Panchayat]

1 but one-third of the elected members

specified in of each committee shall retire in rotation each year and the vacancies caused by sub-section (1) rotation shall be filled in the manner provided in sub-section (1). of section 64 (3) The determination of the members who shall retire in the first year after their election and of the members who shall retire two years after election shall be made by the drawing of lots in the manner to be specified by the State Government.

(4) In the event of a vacancy occurring in the office of an elected member of a committee by reason of death, resignation or otherwise, the vacancy shall be filled for the remainder of the term of such member by electing another member in the manner provided in sub-section (1).

Chairman and 69

(1) Each committee specified in sub-section (1) of section 64 other than the Vice-

Chairman of -

Karya Samiti and the Vitta Samiti shall at its first meeting to be presided over by the Adhyaksha elect one bf its members to be its Chairman and another member to Committees be its Vice-Chairman.

and their terms

(2) The Vitta Samiti shall elect at its first meeting by resolution one of its members to be its Vice-Chairman.

(3) In the event of a tie the Adhyaksha shall have a casting vote but shall otherwise have no vote in presiding over the committee Under sub-section (1).

(4) The term of each elected Chairman and Vice-Chairman shall be one year from the date of election :

Provided that in the event of-a vacancy arising in the office of elected Chairman and Vice-Chairman by-reason of death, resignation or otherwise, a new Chairman or Vice-Chairman shall be elected for the remainder of the term of the out-gone Chairman or Vice-Chairman.

1. Substituted by section 61 of U.P. Act No. 9 of 1994.

2. Substituted by section 90 ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 70-75]

70

[***]

3

-

³71

[***] -

Powers and 72

The Karya Samiti may exercise and shall perform such powers, duties and functions of

Karya Samiti -

functions as are- ---

(i) required to be exercised or performed by it or by under this Act;

(ii) specified in the second column of Schedule IV and against which the words "shall be exercised by the Karya Samiti" have been entered in the third column of the Schedule; and

(iii) delegated to the Karya Samiti by the [Zila Panchayat]¹under section

57 :

Provided that the Karya Samiti may delegate such of its powers, duties or functions to any sub-committee established under section 75 or to any officer of the [Zila Panchayat]¹as may be prescribed by rules.

Powers and 73

(1) The Vitta Samiti may exercise and shall perform the following powers, functions of

Vitta Samiti -

duties and functions --------

(a) watching the progress of income and expenditure through out the year and issuing such direction as it deems necessary to the Mukhya Adikari;

(b) supervising the proper appropriation of grants;

(c) powers functions and duties delegated to or required under the third column of Schedule IV to be exercised or performed by it.

(2) For the purpose of giving effect to sub-section (1), the Vitta Samiti shall have access to the accounts of the [Zila Panchayat.]¹

Powers and 74

The powers, duties and functions of the [Shiksha Evam Jan Swasthya Samiti, functions of

other -

Krishi Udhyog Evam Nirman Samiti and Samta Samiti]²shall be as provided in this Act or in the rules made in this behalf.

committees

specified in

sub-section (1)

of section 64

Sub-

75

(1) A Committee may appoint one or more sub-committees for examination committees

- and report on any matter with which it is concerned or for discharging any of functions.

(2) The composition and term of a sub-committee shall be such as may be decided by the Committee.

(3) The report or action of the sub-committee shall be deemed to be the report or action of the Committee if approved by it.

1 . Substituted by section 61 of U.P. Act No. 9 of 1 994.

2 . Substituted by section 91 ibid.

3. Omitted by section 13 of U.P. Act No. 33 of 1999.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 76-78]

Meetings of 76

(1) The committees specified in section 64 shall meet, at least once, a month. committees

and sub- - (2) In the case of meetings of committees and sub-committees matters committees specified in section 62 shall be governed by rules. Joint 77

(1) A [Zila Panchayat] 1 may, and if so required by the State Government committees

- shall, combine with one or more than one other assenting local authority to appoint by means of a written instrument subscribed by the local authorities concerned, a joint committee for the purpose of transacting any business in which they are jointly interested.

(2) Such instrument shall prescribe the number of members who shall be

chosen by each local authority to represent it upon the joint committee, the person who shall be chairman thereof, the powers, being powers exercisable by one or more of the concurring local authorities which may be exercised by the joint committee and the method of conducting the proceedings and correspondence thereof.

(3) Such instrument may from time to time be varied or rescinded by a further instrument subscribed by all the local authorities concerned, and in the event of the rescission of any instrument under this sub-section, all proceedings thereunder shall by deemed inoperative with effect from a date to be specified in such further instrument.

(4) Any difference of opinion arising in the course of any proceedings under the foregoing provisions of this section between two or more local authorities shall be decided by reference to the State Government under section 256. Powers and 78

(1) The Mukhya Adhikari shall be the Chief Executive Officer of the [Zila responsibilities

of the Mukhya -

Panchayat]¹and shall be responsible to the [Zila Panchayat]¹and shall exercise the following powers, namely------

Adhikari

(a) The power to receive, recover and credit to the Zila Nidhi any sum due or tendered to the [Zila Panchayat]¹;

(b) the powers conferred by the sections or sub-section of this Act and the power to do all things necessary for the exercise of these powers ;

(c) the powers under the sections and sub-section specified in the first column of Schedule V to be exercised for and on behalf of the [Zila Panchayat]¹and power to do all things necessary for the exercise of these powers ;

(d) the power, subject to the control of the Adhyaksha, to grant, refuse, suspend or withdraw any licence the power to grant which is conferred by this Act or by rules or regulations made thereunder ;

(e) any other power that has been delegated by the [Zila Panchayat]¹to the Mukhya Adhikari ; and

1 . Substituted by section 61 of U.P. Act No. 9 of 1 994.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 79-80]

(f) the power to determine, in ,accordance with any regulations in this behalf, questions arising in respect of the service, leave, pay, allowance and other privileges of all servants of the [Zila Panchayat]¹other than those for whom the appointing authority under section 43 is the [Zila Panchayat]¹:

Provided that a servant aggrieved by a decision given by the Mukhya Adhikari under this clause may within thirty days of the date of communication of that decision make a representation to the Adhyaksha and in that case the decision of the Adhyaksha shall be final.

(2) The responsibility for the proper execution of all works mid contracts on behalf of the [Zila Panchayat]¹shall be of the Mukhya Adhikari.

(3) The Mukhya Adhikari may, by general or special order, empower the [Apar Mukhya Adhikari]²to exercise or perform under his general guidance one or more of such of his powers, duties and functions as have not been delegated to him by the [Zila Panchayat]¹or the Adhyaksha.

Exercise to 79

(1) The powers, duties and functions specified in the second column of power of Schedule VI, with the exception of those against which an entry is shown in the [Kshettra - third column of that Schedule may be exercised and shall be performed by a Panchayats]¹[Kshettra Panchayat]¹by resolution passed at a meeting and not otherwise.

(2) The Pramukh shall exercise and perform such of the powers, duties and functions of a [Kshettra Panchayat]¹as are required under the third column of Schedule VI to be exercised or performed by the Pramukh or as are delegated by the [Kshettra Panchayat]¹under section 80 to the Pramukh.

(3) The powers, duties and functions specified in the second column of Schedule VII shall be exercised and performed on behalf of the [Kshettra Panchayat]¹by the Khand Vikas Adhikari and not otherwise and he shall also exercise and perform all those powers, duties and functions of the [Kshettra Panchayat]¹which are not expressly required to be exercised or performed by resolution and which have not been specified in the second column of Schedule VI and which have not been delegated by the [Kshettra Panchayat]¹under section 80 to any authority, other than the Khand Vikas Adhikari. Delegation of 80

(1) With the exception of powers, duties and functions- powers of

[Kshettra - (a) specified in the second column and against which no entry is shown Panchayat] in the third column of Schedule VI or the entry shown in the third column requires the power, duty or function to be exercised or performed by any particular officer or authority ;

(b) reserved or assigned to the Pramukh or the Khand, Vikas Adhikari under this Act ;

a [Kshettra Panchayat]¹may delegate by resolution any of the powers, duties and functions conferred or imposed on or assigned to it under this Act:

1 . Substituted by section 61 of U.P. Act No. 9 of 1 994.

2. Substituted by section 92 ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 81-83]

Provided that if any power, duty or function specified in the second column of Schedule VI is by the entry against it in the third column made delegable only to a specified officer or authority, the delegation in respect of such power, duty or function may be made to that officer or authority only.

(2) Nothing in the foregoing provisions of this section shall be deemed to prevent a resolution of a committee of a [Kshettra Panchayat]¹being carried into execution by any agency duly authorised in this behalf by or under this Act, or to preclude any servant of the [Kshettra Panchayat]¹from acting within the scope of his employment.

Duties of It shall be the duty of Pramukh --- 81 Pramikh (a) unless provided otherwise by this Act or prevented by reasonable - cause ;

(i) to convene and preside at all meetings of the [Kshettra

1 Panchayat] and of such of its committees as may be prescribed in this behalf ;

(ii) otherwise to control in accordance with any regulation made in this behalf the transaction of business at all meetings of the [Kshettra

1 Panchayat] ;

(b) to watch over the financial and superintend the executive administration of [the Kshettra Panchayat and bring to the notice of the

2 Kshettra Panchayat any defect therein ; and]

(c) to perform such other duties as are required or imposed on him under this Act or the rules made thereunder or any other law for the time being in force.

3 1 Delegation by [(1)] The Pramukh of a [Kshettra Panchayat] may by general or special 82 pramukh to order empower to the Senior or Junior Up-Pramnkh to exercise or perform under - Up-Pramukh his general guidance anyone or more of his powers, duties or functions except those specified in clauses (a) and (b),of section 81.

[(2) An order by the Pramukh unde sub-section (1) may prescribed any

condition or impose any restriction in respect of the exercise of any power and the

3 performance of any duty or of any function.]

Duties of A Senior Up-Pramukh shall------ 83

Up-Pramukh

(a) in the absence of the Pramukh preside at the meetings of the - 1 [Kshettra Panchayat] unless prevented by any reasonable cause from doing so and shall perform all duties and functions and may exercise all the powers of the Pramukh when presiding at the meeting ;

(b) during a vacancy in the office of Pramukh or in case of urgent necessity or during the temporary absence or incapacity of the Pramukh perform any other duty or function and exercise any other power of the Pramukh; and

1. Chapter-III of substituted by section 61 of U.P. Act No. 9 of 1994.

2. Insertion by section 93 ibid.

3. Renumbered and added by section 94 ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 84-87]

(c) at any time perform any duty or function and exercise, when occasion arises, any power delegated to him by the Pramukh under section 82.

(2) A Junior Up Pramukh shall at any time perform any duty or function and exercise, when occasion arises, any power delegated to him by the Pramukh under section 82 and in the absence of the Senior Up-Pramukh or a vacancy in the office of the Senior Up-Pramukh exercise the powers and perform the duties and functions of the Senior Up-Pramukh specified in sub-section (1). Meetings of [(1) A Kshettra Panchayat shall meet for the transaction of business at least 84 [Kshettra once in every two months.

1

- Panchayats]

Provided that the date to be appointed for the first meeting or a Kshettra 5 panchayat, shall be within thirty days from the date of its constitution.] 2 (2) The Pramukh, or in his absence from the [Khand] the Senior Up-

2 Pramukh, or if the latter is also absent from the [Kheand] , the Junior Up-Parmukh, 1 may convene a meeting of the [Kshettra Panchayat] whenever he thinks fit and shall, upon a requisition made in writing by not less than one-fifth of the members 1 of the [Kshettra Panchayat] and served on the Pramukh or sent by registered post 1 acknowledgment due addressed to the [Kshettra Panchayat] at it office, convene a 1 meeting of the [Kshettra Panchayat] within a period of one month from the date of the service or receipt of such requisition.

[(3) A meeting may be adjourned until the next or any subsequent day and adjourned meeting may be further adjourned in the like manner.

(4) Every meeting shall be held at the office of the Kshettra Panchaayt or at 3 some other convenient place of which notice has been duly given.] Procedure, etc. The matters of the nature specified in section 62 shall in the case of meetings 85 1 of meetings of of a [Kshettra Panchayat] be also governed by rules made in, this behalf. - [Kshettra

1 Panchayat] [Preparation of (1) A Kshettra Panchayat shall prepare every year a development plan for the 86 plan by Khand after including the development plans of the Gram Panchayats of the - Kshettra Khand. Panchayat

(2) The plan referred to in sub-section (1) shall be prepared by the Karya Samiti of the Kshettra Panchayat with the help of the Khand Vikas Adhikari, the Vitta Evam Vikas Samiti and the Samata Samiti in the manner prescribed and submit it to the Kshettra Panchayat.

(3) The Kshettra Panchayat shall consider the plan and may approve it with or without any modification.

(4) The Khand Vikas Adhikari shall submit the plan as approved by the

4 Kshettra Panchayat to the Zila Panchayat before such date as may be prescribed.]

1 Committees (1) As soon as may be, after the [Kshettra Panchayat] has been constituted or 87 of [Kshettra reconstituted under section 10, it shall appoint the following committees in the

1

- Panchayat] manner and for performing the duties hereinafter provided:

1. Substituted by section 61 of U.P. Act No. 9 of 1994.

2. Subs. by section 95 (a) ibid.

3. Added by section 95 (b) ibid.

4. Subs. by section 96 ibid.

5. subs. by section 7 of UK Act no 13 of 2006.

2

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 88]

(a) Karya Samiti ;

(b) Vitta Evam Vikas Samiti ,

(c) Shiksha Samiti ; 3 (d) Samata Samiti.] 2 (2) Subject to any conditions prescribed in this behalf, a [Kshettra Panchayat] 1 may [and where so required by the State Government shall] establish any other committees to assist it in the discharge of any specified duties or class of duties within the whole or any portion of the Kshettra and may delegate to any such

committee all or any of its powers, which may be necessary for the purpose of rendering such assistance.

(3) In addition to the committees mentioned in the preceding sub-section, a [Kshettra Panchayat]²may, from time to time, appoint from amongst its members one or more than one advisory committee for the purpose of enquiring into or reporting on any matter in respect of which a decision of the [Kshettra Panchayat]² is required by or under this Act.

Constitution 88

[(1) Subject to the provisions of the other sub-section, the committees of committees

- specified in sub-section (1) of section 87 shall consist of one member from each circle within the Khand to be elected by the members of the Kshettra Panchayat from amongst themselves.]⁴

(2) The Pramukh and the two Up Prarnukhs shall be ex- officio members of the [Karya Samiti]⁵and shall, respectively, be its Chairman, Senior Vice-Chairman and Junior Vice-Chairman.

(3) The Senior Up-Pramukh shall be ex officio member and Chairman of the [Vitta Evam Vikas Samiti]⁵and the Principal of the Agricultural School, if any, within the [Khand]⁵shall be an additional member of the Utpadan Samiti. [(3-A) The Senior Up-Promukh shall be ex-offico member and Chairman of the Samata Samiti.]⁶

(4) The Junior Up Pramukh shall be ex officio member and Chairman of the [Shiksha Samiti]⁷and one out of the Principals and Head Masters of Higher Secondary and Junior High Schools situated within the [Khand]⁵shall be co-opted by a resolution by the [Kshettra Panchayat]².

(5) As soon as may be after their constitution, the [Vitta Evam Vikas Samiti]⁵ [of the Shiksha Samiti and of the Samata Samiti]⁸shall elect one of their members to be the Vice-Chairman of the Samiti.

(6) The Constitution of the committees specified in sub-sections (2) and (3) of section 87 shall be as may be prescribed.

(7) In the event of a casual vacancy in the seat of a member or in the office of the Chairman or Vice-Chairman a member, Chairman or Vice-Chairman, as the case may be, shall be elected for the remainder of the term of the committee in the manner, as far as may be, in which his predecessor had been elected.

1. Ins by. Sect 21 of U.P. Act no. II of 1963.

2 . Substituted by section 61 of U.P. Act No. 9 of 1994.

3. Subs. by section 97 ibid.

4. Subs. by section 98 (a) ibid.

5. Subs. by section 98 (b) ibid.

6. Subs. by section 98 (c) ibid.

7. Subs. by section 98 (d) ibid.

8. Subs. by section 98 (e) ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 89-90]

Method of 89

(1) The method of election of members of all committeees mentioned in election and section 87 and of the Vice-Chairman of the [Vitta Evam Vikas Samiti of the term of - Shiksha Samiti and of the Samata Samiti]²and of the Chairman and Vice- committees Chairman of other committees shall be as may be prescribed. (2)The term of each committee specified in sub-section (1) and (2) of section 87 shall be one year from the date of the first meeting of the committee but in no case extend beyond he term of the [Kshettra Panchayat]¹.

[Constitution 89-A (1) Notwithstanding anything to the contrary contained in any other of Committees provisions of this Act or the rules made thereunder, every Kshettra Panchayat of Kshettra shall, in place of all or any of the committees referred to in sectioin 87, hereinafter Panchayat in this section referred to as the erstwhile Committee, Constitute such other notified by the

Committee or Committees, as may be notified by the State Government for State

exercise and performance of all or ay of the powers, functions or duties assigned to Government

the erstwhile committee under this Act and may also delegate to such committee or committees such of its other powers, functions or duties assigned to erstwhile committee under this Act and may also delegate to such committee or committees such of its other powers, functions or duties as it may deem fit and upon constitution of a Committee under this section in place of an erstwhile committee with respect to its any specified power, function or duty, the erstwhile committee with respect to that power, function or duty shall stand abolished and any reference to the erstwhile committee in any provisions of this Act or the rules made thereunder shall be construed as a reference to the Committee constituted under this section.

(2) Every Committee constituted under sub-section (1) shall consist of a Chairman and six other members, who shall be elected by the members of the Kshettra Panchayat from amongst themselves in such manner as may be notified by the State Government :

Provided that in each such committee there shall be at least one woman member, one member belonging to Schedule Castes or Scheduled Tribes and one member belonging to Backward Classes :

Provided further that the State Government may, by notifications direct that the Pramukh, Senior Up-Pramukh or Junior Up-Pramukh of any other member of Kshettra Panahayat shall be the Chairman of any such Committee.]⁶ Sub-

90

(1) The [Kshettra Panchayat] 1 may, by resolution, out of the members of the committees

- [Vitta Evam Vikas Samiti, Shiksha Samiti or Samata Samiti]

3 constitute one or

more than one sub-committee and assign to it such of the functions of the [Vitta Evam Vikas Samiti, Shiksha Samiti or Samata Samiti]³, as the case may be, as it thinks fit.

(2) Any committee mentioned in section 87 may out of its members constitute one or more than one sub-committee to assist it in the discharge of any duty or class of duties imposed upon sub-committee.

(3) The composition and term of such sub-committees and the manner of filling casual vacancies shall be such as may be decided by the [Kshettra Panchayat]¹or the committee, as the case may be.

1 . substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1 994.

2. Subs. by section 99 ibid.

3 . Subs. by section 100 ibid.

4 . Added by section 14 of U.P. Act No. 33 of 1999.

2

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 91-92]

Functions of³91

(1) The [Karya Samiti] shall assist the [Kshettra Panchayat] 2 in the

commitees performance of its functions in relation to finance, taxation [economic specified in - development]⁴and general administration and shall exercise and perform such sub-section (1) powers, duties and functions as are ---

of section 87

(i) required to be exercised or performed by it under this Act; or

(ii) delegated to it by the [Kshettra Panchayat]²under section 80.

(2) The [Vitta Evam Vikas Samiti]³shall assist the [Kshettra Panchayat]²in the exercise of its powers and, performance of its duties and functions in relation to improvement in the field of agriculture, co-operation, animal husbandry, minor irrigation, rural industries and production works and such other powers, duties and functions as are-

(i) required to be exercised or performed by it under this Act; or

(ii) delegated to the [Vitta Evam Vikas Samiti]³by the [Kshettra Panchayat]²under section 80.

(3) The [Samta Samiti]³shall assist the [Kshettra Panchayat]²in the exercise of its powers and performance of its duties and functions in relation to improvement in the field of health, sanitation, [social justice]⁵, woman welfare, youth welfare and constructive programmes and such other powers, duties and functions as are ----

(i) required to be exercised or performed by it under the Act; or

(ii) delegated to the [Samata Samiti]³by the [Kshettra Panchayat]²under section 80.

[(3-A) The Shiksha Samiti shall assist the Kshettra Panchayat in the exercise of its powers and performance of its duties and functions in relation to improvement in the field of education.]⁶

(4) Any of the committees mentioned above in the manner and subject to the conditions prescribed by rules, may delegate any of its powers, duties or functions, other than those delegated by the [Kshettra Panchayat]²to any officer of the [Kshettra Panchayat.]²

[(5) The State Government may, at any time, direct that any power, duty or function of the [Vitta Evam Vikas Samiti]³, [Samata Samiti]³shall be transferred to any of the committees established under sub-section (2) of section 87.]¹ Powers and 92

(1) The Khand Vikas Adhikari shall be the Chief Executive Officer of the responsibilities

of the Khand -

[Kshettra Panchayat]²and shall be responsible for implementing the resolutions of the [Kshettra Panchayat]²and its committees and shall in addition to powers, Vikas duties and functions which he is required in this Act to exercise and perform, and Adhikari

subject to any rules in this behalf, exercise and perform the following powers, duties and functions, namely-

(i) the power to receive, recover and credit to the Kshettra Nidhi any sum due or tendered to the Kshettra Nidhi;

1. Added by section 22 of U.P. Act no II of 1963.

2 . Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1994.

3. Subs. by section 101 (a) ibid.

4. Ins. by section 101 (b) ibid.

5. Subs. by section 101 (c) ibid.

6. Subs. by section 101 (d) ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 93-94]

(ii) drawing from and disbursing the funds of the Kshsttra Samiti ;

(iii) the submission to the prescribed authority, district magistrate or the

State Government any statements, accounts, reports, copies of documents, copies of resolutions passed by the [Kshettra Panchayat]¹or any committee thereof or proposals and objections required to be submitted under this Act;

(iv) assisting the [Gram Panchayats]¹in their development work including drawing up of plans and their execution according to the standards and broad policy laid down by the State Government, the [Zila Panchayat]¹ or the [Kshettra Panchayat]¹and bringing to the notice of the [Kshettra Panchayat]¹any defects in the execution of the aforesaid plans ;

(v) subject to the provisions of sub-section (4) of section 52 the power to determine, in accordance with any rules in this behalf, questions arising in respect of ,the service leave, pay, allowance and other privileges of all officers and servants employed with the [Kshettra Panchayat]¹;

(vi) power to do all things necessary for the exercise of the powers conferred under this or any other section; and

(vii) such powers, duties and functions as may be entrusted by the State Government with the consent of the [Kshettra Panchayat]¹.

(2) The responsibility for the proper execution of all works and contracts on behalf of the [Kshettra Panchayat]¹shall be of the Khand Vikas Adhikari. Subordination 93

(1) A [Zila Panchayat] or a [Kshettra Panchayat]

1 may at any time call for

of committees

or sub- -

from any of its committees and likewise a committee may call for from any of its sub-committees, a report of or extract from the proceedings of such committee or committees sub-committee or as the case may be, any return.

(2) The committee or sub-committee, as the case may be, shall with all convenient speed, comply with the request made under sub- section (1). Powers of 94

(1) The [Zila Panchayat]

1 may require the Adhyaksha or the Mukhya Adhikari [Zila and thc [Kshettra Panchayat]¹may require the Pramukh or the Khand Vikas Panchayat]¹- Adhikari to supply or produce of any of its meetings- and [Kshettra

Panchayat]¹to (a) any return, statement, estimate, statistics or other information require report, regarding any matter pertaining to the administration of the [Zila Panchayat] etc. and right or the Kshattri Samiti, as the case may be ;

of

(b) a report or explanation of any sub-committee; and interpellation

(c) any report, correspondence or plan or other document or a copy thereof which is in his possession or control as Adhyaksha, Pramukh, Mukhya Adhikari or Khand Vikas Adhikari, or which is recorded or filed in the office of the [Zila Panchayat] or the Kshetra Samiti or of any servant of the [Zila Panchayat] or the [Kshettra Panchayat]¹, as the case may be.

(2) The Adhyaksha, the Mukhya Adhikari, the Pramukh or the Khand Vikas Adhikari, as the case may be shall comply with every requisition made under sub- section (1) without unreasonable delay.

1 - Substituted by section 61 of chapter III of U.P. Act No. 9 of 1 994. 2- Subs. by section 15 of U.P. Act No. 33 of 1999.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 95-96]

(3) Nothing in this section or in any other provisions of this Act shall be deemed to prevent the [Zila Panchayat]¹or the [Kshettra Panchayat]¹, from making provision authorizing the asking of question by members at its meetings subject to such conditions and restrictions as may be prescribed.

Right of Zila 95

It shall be the duty of the officers hereinafter specified to render such Panchayat to assistance and to give such advice to the Zila Panchayat, in so far as it concerns take assistance - their respective department as may be necessary or desirable, or as the Zila and advice Panchayat may require, for the purpose of implementing the District Plan from certain

Programme and the other work of the Zila Panchayat -----

government

servants (i) Executive Engineer (Public Works Department) to be nominated in this behalf by the Superintending Engineer of the concerned circle;

(ii) Executive Engineer (Uttar Pradesh State Electricity Board) to be nominated in this behalf by the Superintending Engineer of the concerned circle;

(iii) Executive Engineer (Canals) to be nominated in this behalf by the Superintending Engineer of the concerned circle;

(iv) Chief Medical Officer;

(v) Divisional Forest Officer exercising jurisdiction in the district ;

(vi) District Supply Officer;

(vii) Deputy Regional Marketing Officer ;

(viii) District Economics and Statistics Officer ;

(ix) General Manager, District Industries Cemtre ;

(x) Such other Officer of the districts as are incharge of the department concerned with any of the functions of the Zila Panchayat specified in part A of Schedule II :

Provided that if any of these officers is appointed ex-officio as an officer of the Zila Panchayat under sub-section (3-A) of section 39, the provisions of this section shall not apply to him.]² Registration of 96

When the Indian Registration Act, 1908, or any rule made thereunder requires instruments

Act XVI of -

any act to be done with reference to a document by a person executing or claiming under the same and the document has been executed on behalf of a [Zila

1 908 Panchayat]¹ or a [Kshettra Panchayat]¹ or is a document under which a Zila Parihsad or a [Kshettra Panchayat]¹claims the act may, notwithstanding anything to the contrary contained in the aforesaid enactment or any rule thereunder, be done by the Mukhya Adhikari or by any other officer of the [Zila Panchayat] empowered in this behalf in the case of a [Zila Panchayat]¹and by the Khand Vikas Adhikari or by any officer of the [Kshettra Panchayat]¹empowered in this behalf in the case of a Khettra Samiti.

1 . substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1 994.

2. Subs. by section 15 of U.P. Act No. 33 of 1999.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 97-99]

Disputes 97

(1) In case any doubt arises as to whether the [Zila Panchayat] 1 , the

regarding Adhyaksha, the Karya Samiti, the Vitta Samiti, the Mukhya Adhikari or any other exercise and - committee or officer of the [Zila Panchayat]¹is the proper authority for the performance exercise of any power or the performance of any duty or function under this Act, of powers,

the matter shall be referred by the Mukhya Adhikari to the State Government duties and

whose decision shall be final.

functions

(2) In case any doubt arises as to whether the [Kshettra Panchayat]¹the Pramukh, [the Karya Samiti, the Vitta Evam Vikas Samiti, the Shiksha Samiti or the Samata Samiti]²the Khand Vikas Adhiksri or any other committee or officer of a [Kshettra Panchayats]¹is the proper authority for the exercise of any power or the performance of any duty or function under this Act, the matter shall be referred to the District Magistrate whose decision shall be final. In making any such decision, the District Magistrate shall be guided by such general directions as may be issued in this behalf by the State Government from time to time. Validity of 98

(1) No vacancy in a [Zila Panchayat] 1 or in a committee of a [Zila acts and

proceedings -

Panchayat]¹, or a sub-committee appointed by the Karya Samiti, shall vitiate any of its acts or proceedings.

(2) No disqualification or defect in the election, co-option or appointment of a person acting as a member of a [Zila Panchayat]¹or of a committee or sub- committee appointed under this Act or as the presiding officer of a meeting of a [Zila Panchayat]¹or of such committee or sub-committee, shall be deemed to vitiate any act or proceeding of the [Zila Panchayat]¹, committee or sub- committee, if the majority of the persons present at the time of the act being done, or proceeding being taken were members of the [Zila Panchayat]¹or committee or sub-committee without any such disqualification or defect.

(3) Until the contrary is proved any document or minutes which purport to be the record of the proceedings of a [Zila Panchayat]¹, a committee or a sub- committee shall, if substantially made and signed in the manner prescribed for the making and signing of the record of such proceedings, be deemed to be a correct record of proceedings of a duly convened meeting held by a duly constituted [Zila Panchayat]¹, committee or sub-committee, where of all the members were duly qualified.

(4) The provisions of the preceding sub-sections shall mutatis mutandis apply to acts and proceedings of every [Kshettra Panchayat]¹or committee or sub- committee thereof.

CHAPTER VI

FUND, PROPERTY AND CONTRACTS

Zila Nidhi and 99

(1) There shall be established for each [Zila Panchayat] 1 a fund called Zila

Kshettra Nidhi

- Nidhi and for each [Kshettra Panchayat]

1 a fund called Kshettra Nidhi, to the or edit where of shall be placed all sums received [including the grants-in-aid from the Consolidated Fund of the State]³and all loans raised by or on behalf of the [Zila Panchayat]¹or the [Kshettra Panchayat]¹, as the case may be :

1 . Substituted by section 61 of U.P. Act No. 9 of 1 994.

2. Subs. by section 103 ibid.

3. Subs. by section 104 ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 100-102]

Provided that a [Zila Panchayat]

1 or a [Kshettra Panchayat] 1 shall earmark

parts of the fund received by it for a particular purpose for that purpose and shall expend the same in carrying out that purpose.

(2) Nothing in this section shall affect any obligations of a [Zila Panchayat] or a [Kshettra Panchayat]¹arising from a trust legally imposed upon or accepted by it.

(3) A [Zila Panchayat]¹or a Kshettra Samiti may receive such contributions in cash or in kind as may be made by any persons for any work of public utility and the [Zila Panchayat]¹or the [Kshettra Panchayat]¹shall, there upon, utilize the same together with its contributions, wherever necessary, in executing such work. [[Zila¹100

(1) A [Zila Panchayat] shall be deemed to be a local authority as defined in Panchayat] ]¹to

be local -

the Local Authorities Loans Act, 1914, and shall be subject to all its provisions and the rules made thereunder for the purpose of borrowing money under that Act. authority under

the local (2) Subject to the provisions of section 31 of the Reserve Bank of India Act, Authorities 1934 and with the previous sanction of the State Government a [Zila Panchayat]¹ Loans Act, 1914 may raise loans in the open market by the issue of debentures in the manner and Act 9 of 1914 for the objects and subject to the conditions, including the condition of maintaining Act 2 of 1934 a sinking-fund, to be prescribed by rules.

Custody and 101

(1) The Zila Nidhi or Kshettra Nidhi shall be kept in the Government treasury investment of bc sub-treasury or in the bank to which the Government treasury business has been fund - made over or with the previons sanction of State Government in one or more of the Scheduled Banks or Co-oprative Banks specified by it in this behalf.

(2) In places where there is no such-treasury or bank, the Zila Nidhi or the Kshettra Nidhi may be kept with a banker, or person acting as a banker who has given security for the safe custody and re-payment on demand of the fund so kept as the State Government may in each case think seufficient. Act 2 of 1882

(3) Nothing in the foregoing provisions of this section shall he deemed to preclude a [Zila Panchayat]¹or [Kshettra Panchayat]¹from investing, with the previous sanction of the State Government, in any of the securities described in section 20 of the Indian Trusts Act, 1882, or placing on fixed deposit wih the State Bank of India or with any other authority or institution any portdon of its fund which is not required for immediate expenditure.

[Withdrawal 101-A All withdrawal of moneys from the fund of the Kshettra Panchayat and from and disbursement thereof shall be made jointly by the Pramukh the Khand Vikas disbursement Adhikari.]²

of the fund of

Kshettra

Panchayat]

Application of 102

(1) The Nidhi and all property vested in a [Zila Panchayat] 1 and the Kshettra

fund

- Nidhi and all property vested in a [Kshettra Panchayat] 1 shall be applied for the

purposes, express or implied, for which, by or under this or any other enactment, powers are conferred or dutie so or obligations are imposed upon the [Zila Panchayat] or the [Kshettra Panchayat]¹, as the case may be.

1 . Substituted by section 61 of U.P. Act No. 9 of 1 994.

2. Added by section 17 of U.P. Act No. 33 of 1999.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 103-104]

(2) A [Zila Panchayat]

1 or a [Kshettra Panchayat] 1 shall not incur any expenditure for acquiring or renting land beyond the limits of the district or the Khand, as the case may be or for constructing anywork beyond such limits except--

(a) with the sanction of the State Government and

(b) on such terms and condititions as the State Government may impose.

(3) Subject to the provisions of section 99 the fund and property of a [Zila Panchayat]¹or a [Kshettra Panchayat]¹shall be applied in the following order of priority--

(a) liabilities and obligations arising from a trust legally imposed-upon, or accepted by the [Zila Panchayat]¹or the [Kshettra Panchayat]¹;

(b) the payment of establishment charges including contributions to pension, provident fund and leave allowances;

(c) all sums due to the Government ;

(d) thc repayment of, and the payment of interest on any loan incurred under the provisions of the Local Authorities Loans, Act, 1914 ;

(e) any sum ordered to be paid from the Zila Nidhi or the Kshettra Nadhi, as the case may be, under sub-section (2) of section 109, sub-section

(3) of section 137, sub-section (2) of section 229, sub-section (3) of section 230 and sub-section (3) of section 252;

(f) the carrying on of the duties and obligations imposed upon under sections 31, 32, 33 and 34 of this Act or under any other enactment. Property 103- Subject to any reservation made by the State Government, all property of the vested in nature specified in this section and situated within the district, shall vest in and [Zila belong to the [Zila Panchayat]¹and shall with all other property which may Panchayat]¹become vested in the [Zila Panchayat]¹, be under it direction, management and control and shall be held and applied for the purpose of this Act, that is to say-

(a) all public buildings of every description which have been constructed or are maintained out of the Zila Nidhi ;

(b) all public roads, which have been constructed or are maintained out of the Zila Nidhi and the stones and other materials thereof and also all trees, erections, materials, implements and things provided for such roads; and

(c) all land and other property transferred to the [Zila Panchayat]¹by Government, or by gift, sale or otherwise for local public purposes. Property 104- Subject to any reservation made by the State Government all property of the vested in nature specified in this section and situated within the Khand shall vest in and [Kshettra belong to the [Kshettra Panchayat]¹and shall, with all other property which may Panchayat]¹become vested in the [Kshettra Panchayat]¹, be under its direction, management and control, for the purposes of this Act, this is to say --

Substituted by section 61 of U.P. Act No. 9 of 1994.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 105-106]

(a) all public buildings of every description which have been constructed or are maintained out of the Kshettra Nidhi ;

(b) all public roads which have been constructed or are maintained out of the Kshettra Nidhi and the stones and other materials thereof and also all trees, erections materials, implements and things provided for such roads ;

(c) all land and other property transferred to the [Kshettra Panchayat]¹ by Government, or by gift, sale or otherwise for local purposes; and

(d) all tanks and wells and all adjacent lands, buildings, materials and things connected therewith appertaining thereto within the Khand, not being private property and not being maintained or controlled by any Government or by a local authority other than the Antarim [Zila Panchayat]¹. Compulsory 105- (1) Where a [Zila Panchayat]¹or a [Kshettra Panchayat]¹for the purpose of acquisition of exercising any power or performing any duty conferred or imposed upon it under land this or any other enactment, desires to acquire permanently or temporarily, any land or any right in respect of land, it, may request the State Government to acquire at, its cost the same under the provisions of the Land Acquisition Act,

1 894, or of any other existing law.

(2) On the accquisition by the State Government of such land or such right under the aforesaid provisions and on payment by the [Zila Panchayat]¹or the [Kshettra Panchayat]¹, as the case may be, to the State Government of the compensation awarded thereunder and of the charges incurred by the State Government in connection with the proceedings, the land or right, as the case may be, shall vest in the [Zila Panchayat]¹or the [Kshettra Panchayat]¹, as the case may be.

Public 106- (1) The management, control and administration of every public institution institution maintained exclusively out of the Zila Nidhi or the Kshettra Nidhi shall vest in the [Zila Panchayat]¹or the [Kshettra Panchayat]¹, as the case may be.

(2) Any other public institution may also be vested in or placed under the management, control and administration of a [Zila Panchayat]¹or a [Kshettra Panchayat]¹:

Provided that the extent of the authority of the [Zila Panchayat]¹or the [Kshettra Panchayat]¹in respect thereof, may be prescribed by rule.

(3) All property, endowments and funds belonging to an public institution vesting in, or placed under, the management, control and administration of a [Zila Panchayat]¹or a [Kshettra Panchayat]¹, shall be held by the [Zila Panchayat]¹or the [Kshettra Panchayat] in trust for the purpose to which such property, endowments and funds were lawfully applicable at the time when the institution became so vested or was so placed :

Provided that nothing in the foregoing provisions of this section shall be held to prevent the vesting of any trust property in the Treasurer of Charitable Endowments under the Charitable Endowments Act, 1890.

1. Chapter-III of substituted by section 61 of U.P. Act No. 9 of 1994.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 107-110]

Act VI of 1890 107- (1) Subject to any restriction imposed by or under this Act, a [Zila power to Panchayat]¹or a [Kshettra Panchayat]¹may transfer by sale, mortgage, lease, gift, transfer exchange or otherwise any property vested in it, not being property held by it in property trust, the terms of which are inconsistent with the right so to transfer.

(2) Notwithstanding anything contained in sub-section (1), a [Zila Panchayat]¹ or a [Kshettra Panchayat]¹may, with the sanction of the State Government, transfer to Government any property vested in it, but not so as to affect any trust or public rights to which the property is subject:

Provided that every transfer under sub-section (1), other than a lease for a term not exceeding one year, shall be made by instrument in writing sealed with the common seal of the [Zila Panchayat]¹or the [Kshettra Panchayat]¹, as the case may be, and otherwise complying with all conditions in respect of contracts imposed by or under this Act.

[Penalty for 107-A (1) Whoever makes any encroachment on any land belonging to a Zila encroachment Panchayat in the territorial area of the Zila Panchayat, except construction of steps or obstruction over drain in any public street, shall be punishable with simple imprisonment for a term which may extend to one yer and with fine which may extend to twenty thousand rupees.

(2) An offence punishable under sub-section (1) shall be bailable and cognizable.]³

Payment of 108- A [Zila Panchayat]¹or a [Kshettra Panchayat]¹may make compensation out compensation of its fund to any person sustaining damage by reason of the exercise of any power from Zila conferred or the performance of any duty imposed by or under this Act or any Nidhi or other enactment, by it or by any person acting on its behalf under this Act, and Kshettra Nidhi

shall make such compensation where the person sustaining the damage was not himself in default.

Payment by 109- (1) When special police protection is asked for from the State Government by [Zila Pancha-

a [Zila Panchayat]¹or a [Kshettra Panchayat]¹on the occasion of any fair, yat]¹or [Kshe-

agricultural show or industrial exhibition managed by the [Zila Panchayat]¹or the ttra Pancha-

yat]¹

[Kshettra Panchayat]¹or of a cattle market or cattle fair controlled and regulated for

by the [Zila Panchayat]¹or the [Kshettra Panchayat]¹, the State Government may special police

provide such protection and the said [Zila Panchayat]¹or [Kshettra Panchayat]¹ protection at

fairs, etc. shall pay the whole charges thereof or such portion of such charges as the State Government consider equitably payable by it.

(2) If the sum charged is not paid, the prescribed authority may make an order directing the person having the custody of the Zila Nidhi or the Kshettra Nidhi, as the case may be to pay the expense from such Nidhi and the person shall pay it accordingly.

Preparation 110- (1) The Karya Samiti [of the Zila Panchayat]²shall, in consultation with the and passing of Vitta Samiti, in the manner prescribed and with due regard to the provisions of the the budget of proviso to sub-section (1) of section 99, prepare every year before such date as is the [Zila fixed by rule in this behalf, a complete account of its actual and expected receipts Panchayat]¹

and expenditure for the year ending an the thirty-first day of March next following such date, together with a budget estimate far the year commencing on the first day

of April next following.

1 . Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1 994.

2. Insertion by section 105 ibid.

3. Added by section 18 of U.P. Act No. 33 of 1999.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 111-114]

(2) In preparing the budget estimate under sub-section (1) the estimate of income shall show separately grants from the State Government towards planning and development activities and the estimate of expenditure shall show separately how such grants are proposed to be expended.

(3) The Adhyaksha shall thereafter lay at a meeting of the [Zila Panchayat]¹ before a date to be fixed by rule in this behalf the account and budget estimate prepared under sub-section (1).

(4) The [Zila Panchayat]¹shall, at the meeting referred to in sub-section (3) discuss and then by a special resolution- -------

(a) pass the budget as a whole, or

(b) pass the budget with any modifications, which it may deem fit to make, or

(c) remit the budget to the Karya Samiti for fresh preparation.

(5) Where the [Zila Panchayat]¹has remitted a budget under clause (c) of sub- section (4), the Karya Samiti shall prepare a fresh budget and the Adhyaksha shall may such budget before the [Zila Panchayat]¹and the [Zila Panchayat]¹shall discuss it and by special resolution either pass it as a whole or after such amendment as it thinks fit.

(6) [***]²

(7) The [Zila Panchayat] may, in consultation with the Karya Samiti, vary or alter from time to time as circumstances may render desirable the budget [finally passed by it.]³

[***]⁴

Revision of 111- As soon as may be after the first day of October a revised budget for the year budget of the shall be framed and such revised budget shall, so far as may be, be subject to all [Zila the provision applicable to a budget made under section 110 . Panchayat]

Minimum clo- 112- In framing a budget, a Karya Samiti shall provide for the maintenance of sing balance such minimum closing balance, if any, as the State Government may, by order, shown in the prescribe.

budget of the

[Zila

Panchayat]¹

Sending of 113- Every [Zila Panchayat]¹shall submit a copy of its budget as finally passed to copy of budget the commissioner of the division and another copy to the State Government. of [Zila Panch-

ayat]¹to commissioner and State Government Prohibition of 114- (1) Where a budget or revised budget of a [Zila Panchayat]¹has been finally expenditure in passed under this Act, the [Zila Panchayat]¹shall not incur any expenditure under excess of any of the heads of the budget, other than the head providing for the refund of

budget taxes, in excess of the amount passed under that head, without making provision for such excess by the variation or alteration of the budget.

1 . Substituted by section 61 of U.P. Act No. 9 of 1 994.

2. Deletd by section 19 (a) of U.P. Act No. 33 of 1999.

3. Subs. by section 19 (b)(i) ibid.

4. Omitted by section 19 (b)(ii) ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 115-117]

(2) Where any expenditure under any head providing for the refund, of taxes is incurred in excess of the amount approved or sanctioned under that head, provision shall be made without delay for such expenditure by the variation or alteration of the budget.

Preparation 115- (1) The Karyakarini shall, in consultation with the [Vitta Evam Vikash Samiti, and passing of Shiksha Samiti and the Samata Samiti]²and with due regard to the provisions of the budget of the proviso to, sub-section (1) of section 99 prepare before such date as is fixed by the [Kshettra rule in this behalf a complete account of its actual and expected receipts and Panchayat]

expenditure for the year ending on the 31st day of March next, following such date, together with a budget of its income and expenditure for the year commencing on the Ist day of April next following :

Provided that the estimated income shall show separately grants from the State Government towards planning and development activities and the estimates of expenditure shall show separately how such grants are proposed to be expended.

(2) [***]⁴

(3) [***]⁴

(4) The [Kshettra Panchayat]¹shall every year at a meeting called before a date specified by rule for the purpose discuss the account and budget prepared by the [Karya Samiti]³[***]⁵and then by resolution pass the budget without any modifications or with such modifications as it may deem fit to make.

(5) If by the date prescribed far the passing of the budget, the budget of any [Kshettra Panchayat]¹has not been passed under sub-section (4) then the budget prepared by [the Karya Samiti shall be deemed to be]⁶the budget as passed and it shall remain in force till the [Kshettra Panchayat] declares it ineffective after passing the budget under sub-section (4).

Certain provi-

116- The provisions of sections 111, 112, 113 and 114, shall, mutatis mutandis, sions relating to apply to the budget of a [Kshettra Panchayat]¹. budget of [Zila

Panchayat]¹to

apply to budget

of [Kshettra

Panchayat]¹

Contracts by 117- (1) Subject to the provisions of this Act a [Zila Panchayat]¹or a [Kshettra [Zila Pancha-

Panchayat]¹shall have power to enter into contracts which may be necessary or yat]¹and expedient for any purpose of this Act.

[Kshettra

Panchayat]¹(2) All matters relating to the sanction, execution, variation and discharge of contracts including the preparation and sanction of plans, estimates and projects therefor shall be regulated by rules.

(3) If a contract is executed otherwise than in conformity with the provisions of this Act or any rules framed for the purpose, it shall not be binding on the [Zila

Panchayat]¹or the a [Kshettra Panchayat]¹.

1 . Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1 994.

2. Subs. by section 106 (a) ibid.

3. Subs. by section 106 (b) ibid.

4. Deletd by section 20 (a) of U.P. Act No. 33 of 1999.

5. Omitted by section 20 (b) ibid.

6. Subs. by section 20 (c) ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 118-119]

Rules to 118- The following matters shall be governed by rules, namely- govern certain

matters (a) making of grants and loans ;

(b) the accounts to be kept by a [Zila Panchayat]¹or [Kshettra Panchayat]¹;

[(c) manner of consolation of the Vitta Samiti of the Zila Panchayat by its Karya Samiti and of the Vitta Evam Vikash Samiti, the Shiksha Samiti and the Samata Samiti of the Kshettra Panchaayt by its Karya Samiti in regard to budget;]²

(d) the manner in which such accounts shall be audited and published and the powers of auditors about disallowance and recommending against members and officers or servants of the [Zila Panchayat]¹or the [Kshettra Panchayat]¹in respect of loss, waste or misuse of any fund or property of the [Zila Panchayat]¹or [Kshettra Panchayat]¹occasioned by the negligence of misconduct of such member, officer or servant;

(e) the date before which a meeting shall be held for the sanction of the budget;

(f) the methods and forms to be adopted in the preparation of budgets;

(g) the returns, statements and reports to be submitted by the [Zila Panchayat]¹or a [Kshettra Panchayat]¹; and

(h) travelling allowance including daily allowance that may be paid to Adhyaksha, Upadhyaksha, Pramukh Up-Pramukh and members of [Zila Panchayat]¹or a [Kshettra Panchayat]¹.

CHAPTER VII

TAXATION AND LEVY OF FEES AND TOLLS

Taxes which 119- (1) The taxes which the [Zila Panchayat]¹may impose or continue the may be imposition of for the purpose of this Act shall be the following; namely - ----

imposed by

the [Zila (a) a tax on Circumstances and Property ;

Panchayat] (b) any other tax which the State Legislature has the power under the Constitution of India, including Article 277 thereof, to impose in the State and of which imposition by the [Zila Panchayat]¹has been authorized by the State Government.

(2) The taxes shall be assessed and levied subject to the provisions of Article 285 of "the Constitution of India" and in accordance with the provisions of this Act and rules, regulations and bye-laws framed thereunder.

1. Subs by section 61 of U.P. Act No. 9 of 1994.

2. Subs. by section 107 (a) ibid.

1916 municipal board or any notified area committee;

(iii) income on which any tax has previously been imposed by any other [Zila Panchayat]

1 under clause (a) sub-section (1) of section 119;

1 - Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1 994. 2- Subs. by section 108 ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 122-124]

U.P. Act II of (iv) income on which any tax has previously been imposed under

1 91 4 section 1 4 of the United Provinces Town Areas Act, 1 91 4 ; U.P. Act II of (v) income on which any tax has previously been imposed by any Nagar

1 959 Mahapalika under section 1 72 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959.

Collection of 122- Notwithstanding anything contained in the United Provinces Panchayat Raj circumstances Act, 1947, a [Zila Panchayat]¹may, on payment of such commission as may, from and property time, be specified by the State Government entrust the work of collection of tax on tax through circumstances and property levied upon the [residents of the Panchayat areas]⁴of a [Gram

[Gram Panchayat]³to that [Gram Panchayat]³and in such case it shall be the duty Panchayat]²

of the [Gram Panchayat]⁵to collect the tax from such residents and to remit the U.P. Act

XXVI of 1947 realizations to the Zila Nidhi.

IMPOSTION OF TAXES

Framing of 123- (1) When a [Zila Panchayat]¹desires to impose a tax, it shall, by special preliminary resolution, frame proposals specifying-

proposals for

imposition (a) the tax, being one of the taxes described in section 119 which it desires to impose ;

(b) the persons or class of persons to be made liable and the description of the property or other taxable thing or circumstance in respect of which they are to be made liable, except where and in so far as any such as or description is already sufficiently defined under clause (a) or by this Act ;

(c) the amount or rate leviable from each such person or class of persons;

(d) any other matter referred to in section 140 which the State Government requires by rule to be specified.

(2) The [Zila Panchayat]¹shall also prepare a draft of the rules which it desires the State Government to make in respect of the matters referred to in section 140.

(3) The [Zila Panchayat]¹shall, thereupon, publish in the manner prescribed by rules the proposals framed under sub-section (1) and the draft rules framed under sub-section (2) alongwith a notice in such form as the [Zila Panchayat]¹ may, by regulation, prescribe.

Procedure 124- (1) Any person or ordinarily residing or carrying on business in the district

subsequent to within which the [Zila Panchayat]¹desires to impose a tax, may, within thirty days framing from the publication of the said notice, submit to the [Zila Panchayat]¹an objection proposals in writing, to all or any of the proposals framed under the preceding section and the [Zila Panchayat]¹shall take any objection so submitted into consideration and pass orders thereon by special resolution.

1 . Substituted by section 61 of chapter 3 of U.P. Act No. 9 of 1 994.

2. Subs. by section 109 (a) ibid.

3. Subs. by section 109 (b) ibid.

4. Sub. by section 109 (c) ibid.

5. Subs. by section 109 (d) ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 125-129]

(2) If the [Zila Panchayat]¹desires to modify its proposals or any of them it shall publish modified proposals and, if necessary, revised draft rules, alongwith a notice indicating that the proposals and the rules, if any, are in modification as proposals and rules previously published for objections.

(3) Any objections which may be received to the modified proposals shall be dealt with in the manner prescribed in sub-section (1). Powers of State 125- (1) When the [Zila Panchayat]¹has finally settled its proposal, it shall submit Government to them alongwith the objections, if any, make in connection therewith to the sanction prescribed authority, who shall submit the proposals and objections, if any, to the proposals by State Government.

[Zila

Panchayat] (2) The State Government after considering the said objections, if any, may either refuse to sanction the proposals or return them to the [Zila Panchayat]¹for further consideration, or sanction them without modification or with such modification, not involving any in-crease of the amount to be imposed, as it deems fit.

Rules to be 126- (1) When the State Government has sanctioned the proposals of the [Zila made by State Panchayat]¹under sub-section (2) of section 125, it shall, after taking into Government consideration the draft rules submitted by the [Zila Panchayat]¹, proceed forthwith in to make under section 237 such rules in respect of the tax as for the time being it considers necessary.

(2) When the rules have been made, a copy thereof shall be sent to the [Zila Panchayat]¹.

Resolution of 127- Upon receipt of the company of the rules sent under the preceding section, the [Zila [Zila Panchayat]¹shall by special resolution direct the imposition of the tax with Panchayat]¹effect from a date, to be specified in the resolution, not less than six weeks from directing the date of such resolution.

imposition of

tax

Imposition of 128- (1) A copy of the resolution passed by the [Zila Panchayat]¹under section 127 the tax shall be submitted to the State Government.

(2) Upon receipt of the copy of the resolution, the State Government shall notify in the Gazette the imposition of the tax from the date specified under section

1 27 and the imposition of a tax shall in all cases be subject to the condition that it

has been so notified.

(3) A notification of the imposition of a tax under sub-section (2) shall be conclusive proof that the tax has been imposed in accordance with the provisions of this Act.

Procedure or 129- The procedure for abolishing or suspending a tax, or for altering a tax in altering taxes respect of the matters specified in clauses (b) and (c) of sub-section (1) of section 123 shall, so far as may be, the procedure prescribed by sections 123 to 128 for the imposition of a tax.

1 - Substituted by section 61 of chapter III of U.P. Act No. 9 of 1 994.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 130-132]

Altered or 130- Notwithstanding anything in sections 123 to 129, the State Government may, modified by rule, prescribe such other or modified procedure for the imposition and procedure in alteration of any tax mentioned in clause (b) of sub-section (1) of section 119 as it respect of may think fit.

certain taxes

Exemption 131- (1) A [Zila Panchayat]¹may exempt, for a period not exceeding one year, from the payment of a tax or any portion of a tax imposed under this Act, any person who is, in its opinion, by reason of poverty, unable to pay the same, and may renew the same exemption as often as it deems necessary.

(2) A [Zila Panchayat]¹may, by a special resolution confirmed by the prescribed authority exempt from the payment of a tax, or any portion of a tax, imposed under this Act, any person or class of persons or any property or description of property.

(3) The State Government may, by order, exempt from the payment of a tax, or any portion of a tax, imposed under this Act, any persons or class of persons or any property or description of property.

[Imposition of 131-A A Kshettra Panchayat may, in such manner as may be prescribed, impose— tax by Kshettra

Panchayat (a) water tax, where it constructs or maintains a scheme for providing drinking water, water for irrigation or for any other purposes under its jurisdiction;

(b) electricity tax, where it provides for and maintains lighting arrangement at a public street or other public places; and

(c) any other tax which the State Legislature has the power under the Constitution, including Article 277 thereof, to impose in the State and of which imposition by the Kshettra Panchayat has been authorized by the State Government.]²

Power of State 132- (1) Whenever it appears, on complaint made or otherwise to the State Government to Government that the levy of any tax imposed by a [Zila Panchayat]¹is contrary to remedy or the public interest or that any tax is unfair in its incidence, the State Government abolish a tax may, after considering the explanation of the [Zila Panchayat]¹, by order require

the [Zila Panchayat]¹to take measures, within a time to be specified in the order, for the removal of any defect which it considers to exist in the tax or in the method of assessing or collecting the tax.

(2) Upon the failure or inability of the [Zila Panchayat]¹to comply, to the satisfaction of the State Government with an order made under sub-section (1), the State Government may, by notification, suspend the levy of the tax, or of any portion thereof, until the defect is removed, or may abolish or reduce the tax.

1 - substituted by section 61 of U.P. Act No. 9 of 1 994. 2- Added by section 110 ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 133-137]

Obligation to 133- (1) A [Zila Panchayat]¹may, by written communication upon any person disclose specified in clause (a) of section 121, to furnish such information as may be liability necessary in order to ascertain----

(a) whether such a person is liable to pay a tax assessed on his Circumstances and Property;

(b) at what amount he should be assessed; and

(c) the annual value of the building or land, which he occupies and the name and address of the owner.

(2) In respect of any other tax, a [Zila Panchayat]¹may, by written communication, require any person who may appear to be liable to payment of such tax, to furnish such information as may be prescribed by rule.

(3) If the person so called upon to furnish the information omits to furnish it, or furnishes information which is untrue, he shall be liable upon conviction to a fine which may extend to [one thousand rupees.]²

Power of 134- Subject to the conditions and restrictions specified in section 222, the inspection Adhyaksha and the Mukhya Adhikari of a [Zila Panchayat]¹and, if authorized in this behalf by a resolution any other member, officer or servant of the [Zila Panchayat] , may enter, inspect and measure a building for the purposes of valuation.

Appeal 135- (1) An appeal against an assessment or any alteration of any assessment, of a relating to tax tax on Circumstances and Property may be made to, and be decided by, the prescribed authority in such manner as may be prescribed by rules.

(2) In the case of any tax imposed by the [Zila Panchayat]¹under the powers conferred by clause (b) of sub-section (1) of section 119 the State Government shall provide by rules the authority to which an appeal may be made against assessment or any alteration of an assessment of the tax and the manner in which such appeal is to be made and decided.

Limitation and 136- No such appeal shall be heard and determined unless -- preliminary

deposit of tax (a) the appeal is brought within thirty days next after the date of the

claimed receipt of notice of assessment or alteration of assessment, or, if no notice has been given within thirty days next after the date of the first demand under the assessment or alteration of assessment ; and

(b) where the amount claimed from the appellant is above twenty-five rupees, half of that amount has been deposited by him in the office of the [Zila Panchayat.]¹

Costs 137- (1) In every appeal under section 135, the cost shall be in the discretion of the officer deciding the appeal.

1 . Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1 994.

2. Subs. by section 111 ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 138-140]

(2) Costs awarded under this section to the [Zila Panchayat]¹shall be recoverable by the [Zila Panchayat]¹in the manner provided by chapter VIII.

(3) If the [Zila Panchayat]¹fails to pay the costs awarded to the appellant within ten days after the date of the communication to the [Zila Panchayat]¹of the order for payment thereof the officer awarding the costs may order the person having the custody of the balance of the Zila Nidhi to pay the amount and the person shall pay it accordingly.

Bar to 138- (1) No objection shall be taken to a valuation or assessment nor shall the jurisdiction of liability of a person to be assessed or taxed be questioned in any other manner or civil and by any other authority than is provided by or under this Act. criminal court

in matters of (2) The order of the appellate authority confirming, setting aside or modifying taxation an order in respect of calculation or assessment or liability to assessment or taxation shall be final :

Provided that it shall be lawful for the appellate authority, upon application or on his own motion, to review any order passed by him in appeal by further order passed within three months from the date of his original order.

Savings 139- No assessment list or other list, notice, bill or other such document specifying or purporting to specify with reference to any tax, charge, rent or fee any person, property, thing or circumstances shall be invalid by reason only of a mistake in the name, residence, place of business or occupation of person or in the description of the property, thing or circumstance, or by reason of any mere clerical error or defect of form; and it shall be sufficient that the person, property, thing or circumstance is described sufficiently for the purpose of identification and it shall not be necessary to name the owner or occupier of any property liable in respect of a tax.

Rules as to 140- The following matters shall be governed by rules except in so far as provision assessment, therefor is made by this Act, namely--

collection or

other matter (a) the assessment and collection of taxes;

(b) the prevention of evasion of taxes ;

(c) the system on which refunds shall be allowed and paid;

(d) the fees for notice demanding payments on account of tax on Circumstances and Property and for the execution of warrants of distress ;

(e) the rates to be charged for maintaining livestock distrained ; and

(f) any other matter relating to taxes in respect of which this Act makes no provision or insufficient provision and provision is in the opinion of the State Government necessary.

1 . Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1 994.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 141-145]

Share of [Gram 141- Out of its net proceeds from the tax on Circumstances and Property, the [Zila Panchayat]²in Panchayat]¹shall contribute to the funds of the [Gram Panchayat]²Sabhas of the taxes district such amounts as it may determine having regard to the requirements of each of such [Gram Panchayat]².

FEES AND TOLLS

Fees for use, 142- (1) A [Zila Panchayat]¹or a [Kshettra Panchayat]¹may charge fees to be otherwise than fixed by bye-law or by public auction or by agreement for the use or occupation under a lease (otherwise than under a lease) of any immovable property vested in, or entrusted to of property of the management of, the [Zila Panchayat]¹or the [Kshettra Panchayat] , as the case a [Zila Pan-

may be, including any public road or place of which it allows the use or occupation chayat]¹or a

whether by allowing a projection thereon or otherwise.

Kshettra [Pan-

chayat]¹(2) Such fees may either be levied along with the fees charged under section

1 43 for the sanction, licence or permission or may be recovered in the manner prescribed by Chapter VIII.

Licence fee, 143- A [Zila Panchayat]¹or a [Kshettra Panchayat]¹may charge a fee to be fixed etc. by bye-law for any licence, sanction or permission which it is entitled or required to grant by or under this Act.

Certain other 144- With the previous sanction of the State Government, a [Zila Panchaayt]¹or a fees [Kshettra Panchayat]¹may fix and levy school fees, fee for the use of libraries and Sarais and Paraos, fees for the use of, or benefits derived from, any of the works or institutions constructed and maintained by the [Zila Panchayat]¹or the Kshettra Panchayat]¹, originally under-taken as famine preventive or relief works fees for the service of bulls and stallions, and for registration of animals, and fees at fairs, markets, agricultural shows, and industrial exhibitions held under its authority or otherwise, to which the public is allowed access and at which the [Zila Panchayat]¹ or the [Kshettra Panchayat]¹provides sanitary and other facilities for the public and tolls for the use of bridges constructed, repaired or maintained by the [Zila Panchayat]¹or the [Kshettra Panchayat]¹:

Provided that a [Zila Panchayat]¹or [Kshettra Panchayat]¹shall not fix or levy

fees for the use of Paraos which are not vested in it. Licence fees 145- Subject to any rule made by the State Government in this behalf, a [Zila and tolls in Panchayat]¹or a [Kshettra Panchayat]¹may impose in any market established, respect of maintained or managed by it anyone or more of the following fees or tolls :

markets

(a) licence fees on brokers, commission agents, weighmen or measurers practising their calling within such markets;

(b) ton on vehicles, pack animals or porters bringing goods for sale into such a market ;

1 . Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1 994.

2. Subs. by section 112 (a) ibid.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 146-151]

(c) market fees for the right to expose goods for sale in such market or for the use of any building or structure therein;

(d) fees on the registration of animals sold in market. Mode of 146- Any unpaid fees and tolls referred to in sections 144 and 145 may be recovery of fees recovered in the manner prescribed in Chapter VIII. and tolls levied

under section

1 44 and 1 45

CHAPTER VIII

RECOVERY OF TAXES AND CERTAIN OTHER CLAIMS

Mode of 147- Unless otherwise provided by this Act, taxes and other dues referred to in recovery of section 148 may be recovered by the [Zila Panchayat]¹by distraint, and sale of a taxes and other defaulter's movable property in the manner hereinafter provided. dues

Presentation of 148- (1) As soon as a person becomes liable for the payment of- bill

(a) any sum on account of a tax imposed by the [Gram Panchayat]¹, or

(b) any other sum declared by or under this Act or by any rule or bye- law made under the Northern India Ferries Act, 1878 to be recoverable in the manner provided by this Chapter, the [Zila Panchayat]¹shall, with all convenient speed, cause a bill to be presented to the person so liable.

(2) Unless otherwise provided by rule, a person shall be deemed to become liable for the payment of every tax and licence fee upon the common cement of the period in respect of which such tax or fee is payable.

Contents of bill 149- Every such bill shall specify-

(a) the period for which, and the property, occupation, circumstance or thing in respect of which, the sum is claimed,

(b) the liability for penalty enforceable in default of payment, and

(c) the time within which an appeal, if any, may be preferred as provided in section 136.

Notice of 150- If the sum for which a bill has been presented as aforesaid is not paid, into the demand office of the Zila Panchayat, or to a person empowered by a regulation to receive such payments, within fifteen days from the presentation thereof, the [Zila Panchayat]¹may cause to be served upon the person liable for the payment of the said sum, a notice of demand in such form as the [Zila Panchayat]¹may by regulation prescribe.

Issue of 151- (1) If the person liable for the payment of the said sum does not, within thirty warrant days from the service of such notice of demand either—

(a) pay the sum demanded in the notice, or

1 . substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1 994.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 152-153]

(b) show cause to the satisfaction of the [Zila Panchayat]¹or of such officer as the [Zila Panchayat]¹by regulation may appoint in this behalf why he should not pay the same,

such sum with all costs of the recovery may be recovered, under a warrant caused to be issued by the [Zila Panchayat]¹in such form as the [Zila Panchayat]¹may by regulation, prescribe, by distress and sale of the movable property of the defaulter.

(2) Every warrant issued under this section shall be signed by the Adhayaksha or by an officer to whom the [Zila Panchayat]¹has delegated this power by regulation.

Forcible entry 152- It shall be lawful for an officer of the [Zila Panchayat]¹, to whom warrant for purpose of issued under section 151 is addressed, to break open at any time between sunrise executing and sunset, any outer or inner door or window of a building in order to make the warrant distress directed in the warrant, in the following circumstances and not otherwise--

(a) If the warrant contains a special order authorizing him in this behalf; and

(b) if he has reasonable grounds for believing that the building contain property which is liable to seizure under the warrant; and

(c) if, after notifying his authority and purpose and duly demanding admittance, he cannot otherwise obtained admittance :

Provided that such officer shall not enter or break open the door of an apartment appropriated for women until he has given any woman therein an opportunity to withdraw.

Manner of 153- (1) It shall also be lawful for the officer mentioned in section 152 to distrain, purpose of wherever It may be found within the rural area, any movable property of the executing defaulter, subject to the provisions of sub-section (2).

warrant

(2) The following property shall not be distraincd-

(a) the necessary wearing apparel and bedding of the defaulter, his wife and children, and his necessary cooking utensils,

(b) the tools of artisans,

(c) books of account ,

(d) when the defaulter is an agriculturist, his implements of husbandry, seed, grain, and such cattle as may be necessary to enable him to earn his livelihood.

(3) The distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any articles have been distrained which, in the opinion of a person authorized by or under sub-section (2) of section 158 to sign a warrant, should not have been so distrained they shall all forthwith be returned.

1 . Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1 994.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 154-156]

(4) The officer shall, on seizing the property, forthwith make an inventory thereof, and shall, before removing the same, give to the person in possession thereof at the time of seizure a copy of the inventory signed by him and a written notice in such form as the [Zila Panchayat]¹may, by regulation, prescribe that the said property will be sold as specified in such notice.

Sale of goods 154- (1) When the property seized is subject to speedy and natural decay, or when under warrant the expense of keeping in custody together with the amount to be recovered is and application likely to exceed its value, the Adhyaksha or other officer by whom the warrant was of proceeds signed shall at once give notice to the person in whose possession the property was seized to the effect that it will be sold at once and shall sell it accordingly unless the amount named in the warrant be forth- with paid.

(2) If not sold at once under sub-section (1) the property seized or sufficient portion thereof, may, on the expiration of the time specified in the notice served by the officers executing the warrant be sold by public auction under the order of the [Zila Panchayat]¹, unless the warrant is suspended by the person who signed it or the sum due from the defaulter is paid together with all costs incidental to the notice, warrant and distress and detention of the property.

(3) The surplus if any, shall forthwith be remitted by money order, less postal commission, to the person from whose possession the property was taken. If the amount so remitted is returned to the [Zila Panchayat]¹by the post office it shall be credited to Zila Nidhi, notice of such credit being given at the same time to the said person, and, if the same be claimed by written application to the [Zila Panchayat]¹ within one year from the date of the service of the notice, a refund thereof shall be made to such person. Any sum not claimed within one year from the date of service of such notice shall be the property of [Zila Panchayat]¹. Procedure in 155- (1) If no sufficient movable property belonging to a defaulter can be found case of within the rural area, the district magistrate may, on the application of the [Zila execution Panchayat]¹, issue warrant to an officer of his court-

against

property out- (a) for the distress and sale of any movable property or effect belonging

side the rural to a defaulter within any other part of the jurisdiction of the magistrate, or area

(b) for the distress and sale of any movable property, belonging to the defaulter within the jurisdiction of any other magistrate exercising jurisdiction within Uttar Pradesh.

(2) In the case of action being taken under clause (b) of sub-section (1) the other magistrate shall endorse the warrant so issued or and cause it to be executed, and any amount recovered to be remitted to the magistrate issuing the warrant, who shall same to the [Zila Panchayat.]¹

Fees and costs 156- A fee for every notice issued under section 150 and distress made under section 153 or 155 and the cost of maintaining any livestock seized under the said sections shall be chargeable at the rates respectively specified in such behalf in rules made by the State Government and shall be included in the costs of recovery to be levied under section 16l.

1 . Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1 994.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 157-163]

Saving 157- No distress or the sale made under this Act shall be deemed unlawful, nor any person making the same be deemed a tresspaaser on account of an error, defect or want of form in the bill, notice, warrant of distress, inventory or other proceeding relating thereto.

Altenative 158- (1) Instead of proceeding by distress and sale or in case of failure to realize power of thereby the whole or any part of the demand, the [Zila Panchayat]¹may sue the bringing suit person liable to pay the same in any court of competent jurisdiction. or recovering

as arrears of (2) In the case of an arrear of tax on Circumstances and Property a [Zila land revenue Panchayat]

1 may in addition to the power to take recourse to the provisions of section 148 or sub-section(1) of this section, but subject to and in accordance with rules made in this behalf recover them all arrears of land revenue. Recovery of 159- Where any sum is duo on account of rent from a person to a [Zila Panchayat]¹ rent on land in respect of the land vested in or entrusted to the management of the [Zila Panchayat]¹, the [Zila Panchayat]¹subject to and in accordance with rules made in this behalf may recover any such arrear as arrear of land revenue. Recovery of 160- Any arrears due on account of rent from a person to the [Zila Panchayat]¹in rent for other respect of immovable property, other than land vested in or entrusted to the immovable management of the [Zila Panchayat]¹, shall be recovered in the manner provided property in section 148.

Recovery of 161- Any sum due to a [Kshettra Panchayat]¹under this Act or under any rule or dues of bye-law made thereunder and declared by this Act or such rule or bye-law to be [Kshettra recoverable in the manner provided by this chapter shall, mutatis mutandis, be Panchayat]¹recovered as provided in this chapter.

CHAPTER IX

POWERS AND PENALTIES IN RESPECT OF BUILDINGS, PUBLIC

DRAINS AND STREETS, ETC.

Regulation of Building

Definition 162- For the purposes of this Chapter

(a) "Appropirate authority" shall mean the [Kshettra Panchayat]¹if the subject comes within the functional jurisdiction of the [Kshettra Panchayat]¹ and the [Zila Panchayat]¹in other cases;

(b) "[Kshettra Panchayat]¹" shall, in relation to any part of the rural area including controlled rural area, mean the [Kshettra Panchayat]¹exercising jurisdiction in such part.

Limitation to 163- (1) Without prejudice to any other provisions of this Act, the provisions of application of sections 164, 165,166,167,168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, certain 179, 190, 181, 182, 184, 186, 187, 209,213 and 216 of this Chapter shall apply sections of this only to those portions of the rural area as have been specified by the [Zila Chapter

Panchayat]¹under this section.

1 - Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1 994.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 164-165]

(2) A [Zila Panchayat]¹may by resolution declare that the provisions of the sections mentioned in sub-section (1) or anyone or more of them shall apply to any portion of the rural area of the district to be specified in the resolution and thereupon the provisions of the sections mentioned in the resolution shall apply to the area so specified which shall be called controlled rural area :

Provided that public notice of the resolution has been given to the residents of the controlled rural area in such manner as may be prescribed by rules. Construction 164- (1) No erection or re-erection of a building or material alteration in an or alteration of existing building or making or enlarging a well within a controlled rural area building to be abutting on or adjacent to a public street or place or property vested in Government after notice or in the [Zila Panchayat]¹[Kshettra Panchayat]¹shall be carried out except in and according

accordance with the directions of any rule made by Government or bye-law made to bye-laws

by the [Zila Panchayat]¹and shall not be commenced unless written notice thereof has been tendered to the [Kshettra Panchayat]¹not less than one month in advance, with such details of the proposed construction or alteration as may be required by bye-law to be furnished alongwith such notice.

(2) An alteration in a building shall, ,for the purpose of this Chapter and of any rule or bye-law, be deemed to be material if-

(a) it affects or is likely to affect prejudicially the stability or safety of the building or the' condition ,of the building in respect of drainage, ventilation, sanitation or, hygiene, or

(b) it increases or diminishes the height or area covered by or cubical capacity of the building or reduces the cubical capacity of any room in the building-below the minimum prescribed in any bye-law, or

(c) it converts into a place for human habitation a building or portion

of a building originally constructed for other purposes, or

(d) it is an alteration declared by a bye-law made in this behalf to be material alteration.

SANCTION OR REFUSAL OF WORK BY [KSHETTRA PANCHAYAT]¹

Sanction of 165- (1) Subject to the provision of any bye-law the [Kshettra Panchayat]¹may work by either refuse to sanction any work of which notice has been given under section [Kshettra 164 or may sanction it absolutely or subject to-

Panchayat]¹

(a) any written direction that the [Kshettra Panchayat]¹deems fit to issue in respect of all or any of the matters mentioned in sub-head (f) of heading 'A' of sub-section (2) of section 239, or

(b) a written direction requiring the set-back of the building or part of a building to the regular line of the street, prescribed under section 191, or in default of any regular line prescribed under that section to the line of frontage of any neighboring building or buildings.

1 . Substituted by section 61 of Chapter-III of U.P. Act No. 9 of 1 994.

1

[The Uttar Pradesh [Kshettra Panchayats and Zila Panchayats] Adhiniyam, 1961] [Section 166-169]

(2) In the case of refusal to sanction under sub-section (1), the Kshettra Samiti shall communicate in writing the reasons for such refusal to the person giving notice under section 164.

(3) Should the [Kshettra Panchayat]¹neglect or omit for one month after the receipt of valid notice under section 164 to make and deliver to the person who has given such notice an order of the nature specified in sub-section (1) in respect thereof, such person may by written communication call the attention of the [Kshettra Panchayat]¹to the omission or neglect, and, if such omission or neglect continues for a further period of one month, the [Kshettra Panchayat]¹shall be deemed to have sanctioned the proposed work absolutely. Duration of 166- (1) A sanction given or deemed to have been given by a [Kshettra Panchayat]¹ sanction under section 165 shall be available for three years or for such lesser period as may be prescribed by bye-law.