Uttar Pradesh act 033 of 1961 : The UTTAR PRADESH KSHETTRA PANCHAYAT AND ZILA PANCHAYAT ACT

– (1) This Act may be called the Uttar Pradesh 3 Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961.

In this Act unless there be something repugnant in the subject or context –

The State Government shall by notification in the Gazette divide the rural area of each district into Khands specifying each Khand by a name and the limits or constituents of its area and may likewise change the names or make modifications in the areas and limits of the Khands by including therein or excluding therefrom areas or create new Khands.

When any area is under Section 3 excluded from one Khand and included in another such area shall cease to be subject to the jurisdiction of the Kshettra Panchayat of the Khand from which it has been excluded and become subject to the jurisdiction of the Kshettra Panchayat of the Khand in which it has been included and to the rules, notifications, orders, directions and notices applicable thereto and the State Government may place at the disposal of such Kshettra Panchayat such portion of the assets of the Kshettra Panchayat from whose jurisdiction the area has been excluded as it may deem proper and may make such temporary orders and give such temporary directions as it may consider necessary to effectuate the change.

There shall be a Kshettra Panchayat for every Khand bearing the name of that Khand and constituted as hereinafter provided.

A Kshettra Panchayat shall consist of a Pramukh, who shall be its Chairperson and –

In every Kshettra Panchayat seats shall be reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes and the number of seats so reserved shall, as nearly as may be, bear the same proportion to the total number of seats to be filed by direct election in the Kshettra Panchayat as the population of the Scheduled Castes in the Khand or of the Scheduled Tribes in the Khand or of the Backward Classes in the Khand bears to the total population of such Khand and such seats may be allotted by rotation to different territorial constituencies in a Kshettra Panchayat in such order as may be prescribed

There shall be an electoral roll for each territorial constituency of a Kshettra Panchayat.

– Except as otherwise provided by or under this Act, every person whose name is, for the time being, included in the electoral roll for the territorial constituency of a Kshettra Panchayat shall be entitled to vote at any election thereto and be eligible for election to the membership or of any office in the Kshettra Panchayat;

In every Kshettra Panchayat a Pramukh, a 4 x x x and a 5 x x x shall be elected by the elected members of the Kshettra Panchayat from amongst themselves.

The offices of the Pramukhs of Kshettra Panchayats in the State shall be reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes.

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

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Save as otherwise provided in this Act the term of office of a Pramukh or 5 x x x of a Kshettra Panchayat shall commence upon his election and shall extend up to the term of the Kshettra Panchayat.

– When the Pramukh is unable to discharge his functions owing to absence, illness or any other cause, the District magistrate may, by order, make such arrangement, as he thinks fit, for the discharge of the functions of the Pramukh until the date on which the Pramukh resumes his duties.

The State Government shall arrange for the constitution of the first Kshettra Panchayat for every khand and for the reconstitution thereof before the expiry of its term or when otherwise required for the purpose of this Act3 having regard to the provisions of Section 6.

A Pramukh, 8 x x x or any elected member of the Kshettra Panchayat may resign his office by writing under his

If a vacancy occurs by reason of death or otherwise in the office of Pramukh, 1 x x x or an elected member of the Kshettra Panchayat, it shall be filled before the expiration of a period of six months from the date of such vacancy2 , in the manner provided for in Section 6 or 7, as the case may be, for the residue of the term of his predecessor. Provided that if on the date of occurrence of such vacancy the residue of the term of the Kshettra Panchayat is less than six months, the vacancy shall not be filled.

A person shall be disqualified for being chosen as and for being a member of a Kshettra Panchayat, if he

If any dispute arises as to whether a person is a member of the Kshettra Panchayat under clause (a)1 of subsection (1) of Section 6, the dispute shall be referred in the manner prescribed to the State Government and the decision of the State Government shall be final and binding

A motion expressing want of confidence in the Pramukh or any 5 x x x of a Kshettra Panchayat may be made and proceeded with in accordance with the procedure laid down in the following sub-sections.

If in the opinion of the State Government the Pramukh or any 1 x x x of a Kshettra Panchayat willfully omits or refuses to perform his duties and functions under this Act, or abuses the powers vested in him or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties, the State Government may, after giving the Pramukh or such 2 x x x as the case may be, a reasonable opportunity for explanation and after consulting the Adhyaksha of the Zila Panchayat concerned in the matter and taking into consideration his opinion, if received within thirty days from the date of the dispatch of the communication for such consultation, by order, remove such Pramukh or 3 x x x, as the case may be, from office, and such order shall be final and not open to be questioned in a Court of law.

There shall be a Zila Panchayat for each district bearing the name of the district and constituted as hereinafter provided.

A Zila Panchayat shall consist of an Adhyaksha who shall be its Chairperson, and –

In every Zila Panchayat, seats shall reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes and the number of seats so reserved shall, as nearly as may be, bear the same proportion to the total number of seats to be filled by direct election in the Zila Panchayat as the population of the Scheduled Castes in the Panchayat area or of the Schedules Tribes in the Panchayat area or of the Backward Classes in the Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different territorial constituencies in a Zila Panchayat in such order as may be prescribed.

There shall be an electoral roll for each territorial constituency of Zila Panchayat.

Except as otherwise by or under this Act, every person whose name is for the time being, included in the electoral roll for the territorial constituency of a Zila Panchayat shall be entitled to vote at any election thereto and be eligible for election to the membership or to any office in the Zila Panchayat.

) In every Zila Panchayat an Adhyaksha and a 5 x x x shall be elected by the elected members of the Zila Panchayat from amongst themselves.

The offices of the Adhyaksha of the Zila Panchayats in the State shall be reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes.

A Zila Panchayat shall unless sooner dissolved under Section 232, continue for five years from the date appointed for its first meeting and no longer.

Save as otherwise provided in this Act, the term of office of the Adhyaksha or the 2 x x x shall commence on his election and shall end with the term of the Zila Panchayat.

When the office of the Adhyaksha is vacant or he is unable to discharge his functions owing to the absence, illness or any other cause, the State Government may by order, make such arrangement, as it think fit, for the discharge of the functions of such Adhyaksha until the date on which the Adhyaksha resumes his duties.

The State Government shall arrange for the Constitution o

An authority competent to decided election disputes under this Act, or the rules made thereunder may declare any candidate found to have committed any corrupt practice to be incapable, for any period not exceeding five years from the date of declaration, of being chosen x x x5 as a member of a Kshettra Panchayat or a Zila Panchayat, or elected as a Pramukh of a Kshettra Panchayat or an Adhyksha of a Zila Panchayat, or of being appointed or retained in any office of place in the gift or disposal of a Kshettra Panchayat or Zila Panchayat.

An Adhyaksha, 4 x x x or any elected member of the Zila Panchayat may resign his office by writing under his hand addressed, in the case of Adhyaksha, to the State Government, and in other case to the Adhyaksha, and delivered to the Mukhya Adhikari of the Zila Panchayat.

If a vacancy occurs by reasons of death or otherwise in the office of Adhyksha, 3 x x x or an elected member of the Zila Panchayat, it 4 shall be filed before the expiration of a period of 6 months from the date of such vacancy, in the manner provided for in Section 18 or 19, as the case may be, for the residue of the term of his predecessor.

A person who is subject to any of the disqualifications mentioned in Section 13, shall be disqualified for being elected as a member under Section 18 or as an Adhyksha or 5 x x x under Section 19.

If any dispute arises as to whether a particular person is a member of the Zila Panchayat under clause (a)7 of Section 18, the dispute shall be referred in the manner prescribed to the State Government and the decision of the State Government shall be final and binding.

No person shall simultaneously – (a) be a member of Kshettra Panchayat for more than one territorial constituency; or (b) be a member of a Zila Panchayat for more than one territorial constituency;

A person shall be disqualified for being elected to or holding the office of –

If any dispute arises as to whether a particular person is a member of the Zila Panchayat under clause (a)7 of Section 18, the dispute shall be referred in the manner prescribed to the State Government and the decision of the State Government shall be final and binding.

A motion expressing want of confidence in the Adhyaksha or x x x5 of a Zila Panchayat may be made and proceeded with in accordance with the procedure laid down in the following sub-section.

If in the opinion of the State Government the Adhyaksha or the x x x4 while acting in place of Adhyaksha willfully omits or refuses to perform his duties or functions under this Act or abuses the powers vested in him or is found to be guilty of misconduct in the discharge of his duties, or because physically or mentally incapacitated for performing his duties5 the State Government, after giving the Adhyaksha or x x x6 , as the case may be, a reasonable

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Every Kshettra Panchayat and Zila Panchayat shall exercise the powers and perform the functions conferred and entrusted or delegated to it by or under this Act.

Every Kshettra Panchayat shall, within the Khand expercise powers and perform the functions specified in Schedule – I.

Every Zila Panchayat shall exercise and perform the following powers and functions –

Notwithstanding anything contained in this or any other law for the time being in force, but subject to the provisions of any rules made by the State Government in this behalf, a Zila Panchayat or a Kshettra Panchayat may at any time with the prior sanction of the State Government and with the consent of a Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti existing in the district delegate to such Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti, any of its powers or functions under this Act in respect of the area within which such Gram Sabha, Gram Panchayat or Bhumi Prabandhak Samiti exercises jurisdiction.

All powers, duties and functions which have been shown in the second column of Schedule III hereto in respect of all Gram Panchayats5 within the district shall as and from the appointed date

Notwithstanding anything contained in the United Provinces Panchayat Raj Act, 1947 (U.P. Act XXVI of 1947), and any rules made thereunder or any other law for the time being in force –

Nothing in this Act shall – (1) confer on any Kshettra Panchayat or Zila Panchayat any right in respect of any work or institution carried out and maintained by any agency not under the control of such Kshettra Panchayat or Zila Panchayat; or (2) entitle a Kshettra Panchayat or Zila Panchayat to exercise within the limits of any Municipal Corporation2 , municipality, notified area, cantonment

– A Kshettra Panchayat or a Zila Panchayat may, subject to any rules made in this behalf –

Subject to any special directions issued by the State Government from time to time, Zila Panchayat shall have the following posts of officers :-

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

– (1) Subject to any rules made in this behalf, the State Government may –

The Vitta Adhikari of the Zila Panchayat shall be appointed by the State Government in the manner provided by rules.

(1) Appointments to the posts of Karya Adhikari, Abhiyanta and Kar Adhikari and the posts created under sub-section (2) of Section 39 carrying such pay scales as the State Government may, by notification fix1 , shall be made by the Zila Panchayat in consultation with the State Public Service Commission or such other Commission or Selection Board as may be constituted by the State Government in his behalf for all Zila Panchayats or any groups of Zila Panchayats separately in either case hereafter referred to as the Commission in the manner prescribed.

Notwithstanding anything in Section 41, 42 and 43, the State Government may at any time create a central transferable cadre of Karya Adhikaris, Abhiyantas, Vitta Adhikaris and other officers and employees6 , and where any such cadre has been created, appointment to the posts of Karya Adhikaris, Abhiyantas, Vitta Adhikaris or other officers and employees1 , aforesaid, as the case may be, shall be made out of the persons of the cadre concerned in such manner and on such terms as may be prescribed by rules, and notwithstanding anything elsewhere in this Act, selection of persons to any such cadre and transfer and punishment of officers and employees2 , of the cadre shall be regulated by rules.

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

All officers and servants in the employment of the Zila Panchayat immediately before the date of commencement of the Uttar Pradesh Panchayat Laws

(1) Notwithstanding anything in Section 43, 44 and 46 officiating and temporary appointments to posts mentioned in sub-section (1) of Section 43 may be made by the appointing authority specified in Section 43 or in the rules made under Section 44 without consulting the commission, but no such appointment shall, except as provided in sub-section (2), continue beyond a period of one year save after consultation with the commission.

Subject to the provisions of other sub-sections the qualifications, pay-scales, number and conditions of service of officers and servants to be employed with each Kshettra Panchayat to enable it to carry out its functions under the Act, shall be such as the State Government may specify.

Each Kshettra Panchayat shall have a Khand Vikas Adhikari.

The powers, functions and duties of the Officers and other servants of Zila Panchayats and Kshettra Panchayats shall be such as may be provided by or under this Act, by or under any other enactment by rules.

– (1) The powers, functions and duties of the Officers and other servants of Zila Panchayats and Kshettra Panchayats shall be such as may be provided by or under this Act, by or under any other enactment by rules.

(1) The Pramukh shall have general control over the Khand Adhikari.

The punishment of officers and other servants employed with Zila Panchayat or with any Kshettra Panchayat including appeals from orders or punishment, the power of revision, if any, of appellate orders and suspension pending enquiry shall be regulated by rules;

(1) Where an authority specified in Section 43, fails within a reasonable time to make an appointment to a post specified in Section 39 or created thereunder, whether in the manner provided in Section 43 or in pursuance of an order made under clause (b) of sub-section (1) of Section 41, the State Government may, after giving such authority a reasonable opportunity to make the appointment and consulting the Commission, if necessary make appointment thereto and such appointment shall be deemed to have been made in accordance with this Act.

Every Adhyaksha, x x x1 , Pramukh, 2 x x x, officer or servant of3 a Zila Panchayat or Kshettra Panchayat, shall be deemed to be a public servant within the meaning of the Indian Penal Code, 1860 (Act XLV of 1860), and in the definition of “legal remuneration” in Section 161 of the Code, the word “Government” shall, for the purpose of this section, be deemed to include Zila Panchayat and a Kshettra Panchayat.

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

(1) With the exception of a power, duty or function –

It shall be the duty of Adhyaksha – (a) unless provided otherwise by this Act or prevented by reasonable cause –

(1) The Adhyaksha of a Zila Panchayat may, be general or special order, empower the 2 x x x or the Mukhya Adhikari to exercise or perform under his general guidance, any one or more of his powers, duties or functions except those specified in clauses (a) and (b) of Section 58

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1 (1) A Zila Panchayat shall meet for the transaction of business at least once in every two months; Provided that the date to be appointed for the first meeting of the Zila Panchayat, shall be within thirty days from the date of its constitution.

– The following matters relating to meeting of Zila Panchayat shall be governed by rules – (a) transaction of business at the meeting; (b) quorum for transaction of business;

(1) A Zila Panchayat shall prepare every year a development plan for the district after including the development plans of the Kshettra Panchayats of the district.

(1) As soon as may be, after the Zila Panchayat has been constituted or re-constituted under Section 22, it shall appoint the following committees in the manner and for performance of duties hereinafter provided :

(1) Notwithstanding anything to the contrary contained in any other provisions of this Act or the rules made thereunder, every Zila Panchayat shall, in place of all or any of the Committee referred to in Section 64, hereinafter in this section referred to as erstwhile committee, constitute such other committee or committees, as may be notified by the State Government for the exercise and performance of all or any of the powers, functions or duties assigned to erstwhile committee under this Act and may also delegate to such committee or committees such of its other power, function or duty, the erstwhile committee with respect to that power, function or duty shall stand

The Karya Samiti shall consist of – (a) the Adhyaksha; (b) 4 x x x (c) Chairman of the Committee specified in Clauses (b) to (e) of subsection (1) of Section 64; (d) three or six persons to be elected by the members of the Zila Panchayat out of themselves, according as the number of such members is up to forty or above forty.

(1) Each of the Committees specified in clauses (b) to (e) of sub-section (1) of Section 64 shall consist of six of nine members to be elected by the members of the Zila Panchayat is up to 40 or over 40.

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

(1) Each Committee specified in sub-section (1) of Section 64 other than the Karya Samiti and the Vitta Samiti shall at its first meeting to be presided over the Adhyaksha elect one of its members to be its Chairman and another member to be its Vice-Chairman.

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The Karya Samiti may exercise and shall perform such powers, duties and functions as are –

(1) The Vitta Samiti may exercise and shall perform the following powers, duties and functions – (a) watching the progress of income and expenditure throughout the year and issuing such direction as it deems necessary to the Mukhya Adhikari; (b) supervising the proper appropriation of grants; (c) powers, functions and duties delegated to or required under the third column of Schedule IV to be exercised or performed by it.

The powers, duties and functions of the Shiksha Evam Jan Swasthya Samiti, Krishi, Udyog Evam Nirman Samiti and Samata Samiti1 , shall be as provided in this Act or in the rules made in this behalf.

– (1) A Committee may appoint one or more sub-committee for examination and report on any matter with which it is concerned or for discharging any of its functions. (2) The composition and term of a sub-committee shall be such as may be decided by the Committee. (3) The report or action of the sub-committee shall be deemed to be the report or action of the Committee, if approved by it.

(1) The Committees specified in Section 64 shall meet atleast once a month. (2) In the case of meetings of Committees and sub-committees matters specified in Section 62 shall be governed by rules.

(1) A Zila Panchayat may, and if so required by the State Government shall, combine with one or more than one other assenting local authority to appoint, by means of a written instrument subscribed by the local authorities concerned, a joint committee for the purpose of transacting any business in which they are jointly interested.

(1) The Mukhya Adhikari shall be the Chief Executive Officer of the Zila Panchayat and shall be responsible to the Zila Panchayat and shall exercise the following powers, namely –

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

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

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

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The matters of the nature specified in Section 62 shall in the case of meetings of a Kshettra Panchayat be also governed by rules made in this behalf.

(1) A Kshettra Panchayat shall prepare every year a development plan for the Khand after including the development plans of the Gram Panchayats of the Khand.

(1) As soon as may be, after the Kshettra Panchayat has been constituted or reconstituted under Section 10, it shall appoint the following Committees in the manner and for performing the duties hereinafter provided –

(1) Subject to the provisions of the other sub-sections the Committees specified in sub-section (1) of Section 87 shall consist of one member from each circle within the Khand to be elected by the members of the Kshettra Panchayat from amongst themselves.

(1) The elections of members and other office-bearers of every committee referred to in Section 87 shall be in such manner as may be prescribed.

(1) Notwithstanding anything to the contrary contained in any other provisions of this Act or the rules made thereunder, every Kshettra Panchayat shall, in place of all or any of the Committees referred to in Section 87,

(1) The Kshettra Panchayat may, by resolution, out of the members of the Vitta Evam Vikas Samiti, Shiksha Samiti or Samata Samiti 4. 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 Samiti4 , as the case may be, as it thinks fit.

(1) The Karya Samiti1 , shall assist the Kshettra Panchayat in the performance of its functions in relation to finance, taxation, Economic Development2 , and general administration and shall exercise and perform such powers, duties and functions as are –

(1) The Khand Vikas Adhikari shall be the Chief Executive Officer of the Kshettra Panchayat and shall be responsible for implementing the resolutions of the Kshettra Panchayat and its Committees and shall in addition to powers, duties and functions which he is required in this Act to exercise and perform, and subject to any rules in this behalf, exercise and perform the following powers, duties and functions, namely –

(1) A Zila Panchayat or a Panchayat may at any time call for from any of its Committees and likewise a Committee may call for from any of its sub-committees, a report of or extract from the proceedings of such Committee or sub-committee or as the case may be, any return.

(1) The Zila Panchayat may require the Adhyaksha or the

(1) The Zila Panchayat may require the Adhyaksha or the

When the Indian Registration Act, 1908 (Act XVI of 1908), or any rule made thereunder requires any act to be done with reference to a document by a person executing or claiming under the same and the document has been executed on behalf of a Zila Panchayat or a Kshettra Panchayat or is a document under which a Zila Panchayat or a Kshettra Panchayat claims the act may, notwithstanding anything to the contrary contained in the aforesaid enactment or any rule thereunder, be done by the Mukhya Adhikari or by any other officer of the Zila Panchayat empowered in this behalf in the case of a Zila Panchayat and by the Khand Vikas Adhikari or by any officer of the Kshettra Panchayat empowered in this behalf in the case of a Kshettra Panchayat.

– (1) In case any doubt arises as to whether the Zila Panchayat, the Adhyaksha, the Karya Samiti, the Vitta Samiti, the Mukhya Adhikari or any other Committee or officer of the Zila Panchayat is the proper authority for the exercise of any power of the performance of any duty or function under this Act, the matter shall be referred by the Mukhya Adhikari to the State Government whose decision shall be final.

– (1) No vacancy in a Zila Panchayat or in a Committee of a Zila Panchayat, or a sub-committee appointed by the Karya Samiti shall vitiate any of its acts or proceedings.

(1) There shall be established for each Zila Panchayat a fund called Zila Nidhi and for each Kshettra Panchayat a fund called Kshettra Nidhi, to the credit whereof shall be placed all sums received, including the grants-in-aid from the Consolidated Fund of the State1 , and all loans raised by or on behalf of the Zila Panchayat or the Kshettra Panchayat, as the case may be;

(1) A Zila Panchayat shall be deemed to be a local authority as defined in the Local Authorities Loans Act, 1914 (Act IX of 1914), and shall be subject to all its provisions and the rules made thereunder for the purpose of borrowing money under that Act.

(1) The Zila Nidhi or Kshettra Nidhi shall be kept in the Government Treasury or sub-treasury or in the Bank to which the Government treasury business has been made over or with the previous sanction of State Government in one or more of the Scheduled Banks or Co-operative Banks specified by it in this behalf.

All withdrawal of moneys from the fund of the Kshettra Panchayat and disbursement thereof shall be made jointly by the Pramukh and the Khand Vikas Adhikari.

(1) The Nidhi and all property vested in a Zila Panchayat and the Kshettra Nidhi and all property vested in a Kshettra Panchayat shall be applied for the purposes, express or implied, for which, by or under this or any other enactment, powers and conferred or duties or obligations are imposed upon the Zila Panchayat or the Kshettra Panchayat, as the case may be.

Subject to any reservation made by the State Government, all property of the nature specified in this section and situated within the district, shall vest in and belong to the Zila Panchayat and shall with all other property which may become vested in Zila Panchayat, be under its direction, management and control and shall be held and applied for the purpose of this Act, that is to say –

Subject to any reservation made by the State Government all property of the nature specified in this section and situated within the Khand shall vest in and belong to the Kshettra Panchayat and shall, with all other property which may become vested in the Kshettra Panchayat, be under its direction, management and control, for the purpose of this Act, this is to say –

(1) Where a Zila Panchayat or a Kshettra Panchayat for the purpose of exercising any power or performing any duty conferred or imposed upon it under this or any other enactment, desires to acquire permanently or temporarily, any land or any right in respect of land, it may request the State Government to acquire at its cost the same under the provisions of the Land Acquisition Act, 1894 (Act 1 of 1894), or of any other existing law.

(1) The management, control and administration of every public institution maintained exclusively out of the Zila Nidhi or the Kshettra Nidhi shall vest in the Zila Panchayat or the Kshetra Panchayat, as the case may be.

(1) Subject to any restriction imposed by or under this Act, a Zila Panchayat or a Kshettra Panchayat may transfer by sale, mortgage, lease, gift, exchange or otherwise any property vested in it, not being property held by it in trust, the terms of which are inconsistent with the right so to transfer.

(1) Whoever makes any encroachment on any land belonging to a Zila Panchayat in the territorial area of the Zila Panchayat, except construction of steps over drain in any public street, shall be punishable with simple imprisonment for a term which may extend to one year and with fine which may extend to twenty thousand rupees.

A Zila Panchayat or a Kshettra Panchayat may make compensation out of its fund to any person sustaining damage by reason of the exercise of any power conferred or the performance of any duty imposed by or under this Act or any other enactment, by it or by any person acting on its behalf under this Act, and shall make such compensation where the person sustaining the damage was not himself in default.

(1) When special police protection is asked for from the State Government by a Zila Panchayat or a Kshettra Panchayat on the occasion of any fair, agricultural show or industrial exhibition managed by the Zila Panchayat or the Kshettra Panchayat or of a cattle market or cattle fair controlled and regulated by the Zila Panchayat or the Kshettra Panchayat, the State Government may provide such protection and the said Zila Panchayat or Kshettra Panchayat shall pay the whole charges thereof or such portion of such charges as the State Government consider equitably payable by it.

(1) The Karya Samiti, of the Zila Panchayat2 shall, in consultation with the Vitta Samiti, in the manner prescribed and with due regard to the provisions of the proviso to sub-section (1) of Section 99, prepare every year before such date as is fixed by rule in this behalf,

As soon as may be after the first day of October a revised budget for the year shall be framed and such revised budget shall, so far as may be, be subject to all the provisions applicable to a budget made under Section 110

In framing a budget, a Karya Samiti shall provide for the maintenance of such minimum closing balance, if any, as the State Government may, by order, prescribe.

Every Zila Panchayat shall submit copy of its budget as finally passed to the Commissioner of the division and another copy to the State Government.

(1) Where a budget or revised budget of a Zila Panchayat has been finally passed under this Act, the Zila Panchayat shall not incur any expenditure under any of the head of the budget, other than the head providing for the refund of taxes, in excess of the amount passed under that head, without making provision for such excess by the variation or alteration of the budget.

(1) The Karya Samiti of the Kshettra Panchayat shall, in consultation with the Vitta Evam Vikas Samiti, the Shiksha Samiti and the Samata Samiti1 , and with due regard to the provisions of the proviso to sub-section (1) of Section 99 prepare before such date as is fixed by rule in this behalf a complete account of its actual and expected receipts and expenditure for the year ending on the 31st day of March next following such date, together with a budget of its income and expenditure for the year commencing on the 1st day of April next following.

The provisions of Section 111, 112, 113 and 114, shall, mutatis mutandis, apply to the budget of a Kshettra Panchayat.

(1) Subject to the provisions of this Act, a Zila Panchayat or a Kshettra Panchayat shall have power to enter into contracts which may be necessary or expedient for any purpose of this Act.

The following matters shall be governed by rules, namely – (a) making of grants and loans; (b) the accounts to be kept by a Zila Panchayat or Kshettra Panchayat;

(1) The taxes which the Zila Panchayat may impose or continue the imposition of for the purpose of this Act shall be the following, namely – (a) a tax on circumstances and property; or (b) any other tax which the State Legislature has the power under the Constitution of India, including Article 277 thereof, to impose in the State and of which imposition by the Zila Panchayat has been authorized by the State Government.

(1) Where immediately before the appointed date there was in force a tax on Circumstances and Property in any district imposed or continue under the United Provinces District Boards Act, 1922 (U.P. Act X of 1922), such tax shall until abolished or altered with the previous sanction of the State Government, continue to be levied by the Zila Panchayat at the same rates and under the same conditions at and under which it was being levied under the Act aforesaid and notwithstanding nothing in Section 121, all rules, regulations and bye-laws, all orders and notifications and all appointments relating to the levy of such taxes in force on the appointed date shall continue in force as if they have been made under this Act and may be cancelled, altered or modified in accordance with the provisions of this Act.

The power of a Zila Panchayat to impose a tax on circumstances and Property shall be subject to the following conditions and restrictions, namely

Notwithstanding anything contained in the United Provinces Panchayat Raj Act, 1947 (U.P. Act XXVI of 1947), a Zila Panchayat may, on payment of such commission as may, from time to time, be specified by the State Government entrust the work of collection of tax on Circumstances and Property levied upon the

(1) When a Zila Panchayat desires to impose a tax, it shall, by special resolution, frame proposals specifying –

(1) Any person ordinarily residing or carrying on business in the district within which the Zila Panchayat desires to impose a tax, may, within thirty days from the publication of the said notice,

(1) When the Zila Panchayat has finally settled its proposal, it shall submit them along with the objections, if any, made in connection therewith to the prescribed authority, who shall submit the proposals and objections, if any, to the State Government.

(1) When the State Government has sanctioned the proposals of the Zila Panchayat under sub-section (2) of Section 125, it shall, after taking into consideration the draft rules submitted by the Zila Panchayat, proceed forthwith to make under Section 237 such rules in respect of the tax as for the time being it considers necessary.

Upon receipt of the copy of the rules sent under the preceding section, the Zila Panchayat shall by special resolution direct the imposition of the tax with effect from a date, to be specified in the resolution, not less than six weeks from the date of such resolution.

– (1) A copy of the resolution passed by the Zila Panchayat under Section 127 shall be submitted to the State Government.

The procedure for abolishing or suspending a tax, or for altering a tax in respect of the matters specified in clauses (b) and (c) of subsection (1) of Section 123 shall, so far as may be, the procedure prescribed by Sections 123 to 128 for the imposition of a tax.

Notwithstanding anything in Sections 123 to 129, the State Government may, by rule, prescribe such other or modified procedure of the imposition and alteration of any tax mentioned in clause (b) of sub-section (1) of Section 119 as it may think fit

(1) A Zila Panchayat may exempt, for a period not exceeding one year, from the payment of a tax or any portion of a tax imposed under this Act, any person who is, in its opinion, by reason of poverty, unable to pay the same, and may renew the same exemption as often as it deems necessary.

(1) Whenever it appears, on complaint made or otherwise to the State Government that the levy of any tax imposed by a Zila Panchayat is contrary to the public interest or that any tax is unfair in its incidence, the State Government may, after considering the explanation of the Zila Panchayat, by order require the Zila Panchayat to take measures, within a time to specified in the order, for the removal of any defect which is considers to exist in the tax or in the method of assessing or collecting the tax.

(1) A Zila Panchayat may, by written communication, call upon any person specified in clause (a) of Section 121, to furnish such information as may be necessary in order to ascertain – (a) whether such a person is liable to pay a tax assessed on his Circumstances and Property; (b) at what amount he should be assessed; and (c) the annual value of the building or land, which he occupies and the name and address of the owner.

Subject to the conditions and restrictions specified in Section 222, the Adhyaksha and the Mukhya Adhikari of a Zila Panchayat and, if authorized in this behalf by a resolution any other member, officer or servant of the Zila Panchayat, may enter, inspect and measure a building for the purposes of valuation.

(1)An appeal against an assessment, or any alteration of any assessment, of a tax on Circumstances and Property may be made to and be decided by, the prescribed authority in such manner as may be prescribed by rules.

No such appeal shall be heard and determined unless – (a) the appeal is brought within thirty days next after the date of the receipt of notice of assessment or alteration of assessment, if no notice has been given within thirty days next after the date of the first demand under the assessment or alteration of assessment; and (b) where the amount claimed from the appellant is above twenty-five rupees, half of that amount has been deposited by him in the office of the Zila Panchayat..

– (1) In every appeal under Section 135, the cost shall be in the discretion of the officer deciding the appeal. (2) Costs awarded under this section to the Zila Panchayat shall be recoverable by the Zila Panchayat in the manner provided by Chapter VIII.

(1) No objection shall be taken to a valuation or assessment nor shall the liability of a person to be assessed or taxed be questioned in any other manner or by any other authority than is provided by or under this Act.

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 following matters shall be governed by rules except in so far as provision therefore is made by this Act, namely –

Out of its net proceeds from the tax on circumstances and property, the Zila Panchayat shall contribute to the funds of the Gram Panchayats2 , of the District such amounts as it may determine having regard to the requirements of each of such Gram Panchayats3 .

(1) A Zila Panchayat or a Kshettra Panchayat may charge fees to be fixed by bye-law or by public auction or by agreement for the use or occupation (otherwise than under a lease) of any immovable property vested in, or entrusted to the management of, the Zila Panchayat or the Kshettra Panchayat, as the case may be, including any public road or place of which it allows the use or occupation whether by allowing a projection thereon or otherwise.

A Zila Panchayat or Kshettra Panchayat may charge a fee to be fixed by bye-law for any licence, sanction or permission which it is entitled or required to grant by or under this Act.

With the previous sanction of the State Government, a Zila Panchayat or a Kshettra Panchayat may fix and levy school fees, fee for the use of libraries and Sarais and Paraos, fee for the use of, or benefits derived from, any of the works or institutions constructed and maintained by the Zila Panchayat or the Kshettra Panchayat originally undertaken as famine preventive or relief works fees for the services of bulls and stallions, and for registration of animals, and fees at fairs, markets, agricultural shows, and industrial exhibitions held under its authority or otherwise, to which the public is allowed access and at which the Zila Panchayat or the Kshettra Panchayat provides sanitary and other facilities for the public and tolls for the use of bridges constructed, repaired or maintained by the Zila Panchayat or the Kshettra Panchayat.

Subject to any rule made by the State Government in this behalf, a Zila Panchayat or a Kshettra Panchayat may impose in any market established, maintained or managed by it any one or more of the following fees or tolls :

Any unpaid fees and tolls referred to in Section 144 and 145 may be recovered in the manner prescribed in Chapter VIII.

Unless otherwise provided by this Act, taxes and other dues, referred to in Section 148 may be recovered by the Zila Panchayat by distrain, and sale of a defaulter’s movable property in the manner hereinafter provided.

(1) As soon as a person becomes liable for the payment of – (a) any sum on account of a tax imposed by the Zila Panchayat; or (b) any other sum declared by or under this Act or by any rule or bye-law made under the Northern India Ferries Act, 1878, (Act XVII of 1878), to be recoverable in the manner provided by this Chapter.

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.

If the sum for which a bill has been presented as aforesaid, is not paid into the office of the Zila Panchayat, or to a person empowered by a regulation to receive such payments, within fifteen days from the presentation thereof, the Zila Panchayat may cause to be served upon the person liable for the payment of the said sum, a notice of demand in such form as the Zila Panchayat may be regulation prescribe.

(1) If the person liable for the payment of the said sum does not, within thirty days from the service of such notice of demand, either –

It shall be lawful for an officer of the Zila Panchayat, to whom warrant issued under Section 151 is addressed, to break open, at any time between sunrise and sunset, any outer or inner door or window of a building in order to make the distress directed in the warrant, in the following circumstance and not otherwise –

It shall also lawful for the officer mentioned in Section 152 to distrain, wherever it may be found within the rural area, any movable property of the defaulter, subject to the provisions of sub-section (2).

(1) When the property seized is subject to speedy and natural decay, or when the expense of keeping in custody together with the amount to be recovered is likely to exceed its value, the Adhyaksha or other officer by whom the warrant was signed, shall at once give notice to the person in whose possession the property was seized to the effect that it will be sold at once and shall sell it accordingly unless the amount named in the warrant be forthwith paid.

(1) If no sufficient movable property belonging to a defaulter can be found within the rural area, the District Magistrate may, on the application of the Zila Panchayat, issue his warrant to an officer of his Court –

A fee for every notice issued under Section 150 and distress made under Section 153 and 155 and the cost of maintaining any livestock seized under the said sections shall be chargeable at the rates respectively specified in such behalf in rules made by the State Government and shall be included in the costs and recovery to be levied under Section 151.

No distress or the sale made under this Act, shall be deemed unlawful, nor any person making the same be deemed a trespasser on account of an error, defect or want of form in the bill, notice, warrant of distress, inventory or other proceeding relating thereto.

(1) Instead of proceeding by distress and sale or in case of failure to realize thereby the whole or any part of the demand, the Zila Panchayat may sue the person liable to pay the same in any Court of competent jurisdiction.

Where any sum is due on account of rent from a person to a Zila Panchayat in respect of the land vested in or entrusted to the management of the Zila Panchayat, the Zila Panchayat subject to and in accordance with rules made in this behalf may recover any such arrear as arrear of land revenue.

Any arrears due on account of rent from a person to the Zila Panchayat in respect of immovable property, other than land vested in or entrusted to the management of the Zila Panchayat, shall be recovered in the manner provided in Section 148.

Any sum due to a Kshettra Panchayat under this Act or under any rule or bye-law made thereunder and declared by this Act or such rule or bye-law to be recoverable in the manner provided by this chapter shall, mutatis mutandis, be recovered as provided in this chapter.

For the purposes of this Chapter – (a) “Appropriate Authority” shall mean the Kshettra Panchayat if the subject comes within the functional jurisdiction of the Kshettra Panchayat and the Zila Panchayat in other cases; (b) “Kshettra Panchayat” shall, in relation to any part of the rural area including controlled rural area, mean the Kshettra Panchayat exercising jurisdiction in such part.

(1) Without prejudice to any other provisions of this Act, the provisions of Sections 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 184, 186, 187, 209, 213 and 216 of this Chapter shall apply only to those portions of the rural area as have been specified by the Zila Panchayat under this section.

(1) No erection or re-erection of a building or material alteration in an existing building or making or enlarging a well within a controlled rural area abutting on or adjacent to a public street or place or property vested in Government or the Zila Panchayat, Kshettra Panchayat shall be carried out except in accordance with the direction of any rule made by Government or bye-law made by the Zila Panchayat and shall not be commenced unless written notice thereof has been tendered to the Kshettra Panchayat not less than one month in advance, with such details of the proposed construction or alteration as may be required by bye-law to be furnished along with such notice.

(1) Subject to the provision of any bye-law the Kshettra Panchayat may either refuse to sanction any work of which notice has been given under Section 164 or may sanction it absolutely or subject to – (a) any written direction that the Kshettra Panchayat deems fit to issue in respect of all or any of the matters mentioned in sub-head (f) of Heading ‘A’ of sub-section (2) of Section 239; or (b) a written direction requiring the set-back of the building or part of a building to the regular line of the street, prescribed under Section 191, or, in default of any regular line prescribed under that section to the line of frontage of any neighbouring building or buildings.

(1) A sanction given or deemed to have been given by a Kshettra Panchayat under Section 165 shall be available for three years or for such lesser period as may be prescribed by bye-law. (2) After the expiry of the said period the proposed work may not be commenced without a sanction under the foregoing Section.

The Pramukh, the Khand Vikas Adhikari and if authorized in this behalf by resolution of the Kshettra Panchayat, any other member, officer or servant of the Kshettra Panchayat may at any time and without warning inspect any work in respect of which notice is required under Section 164

– Notwithstanding anything contained in Section 108, a person giving notice under Section 164 shall not be entitled to any compensation for damage or loss sustained by reason of an order passed by a Kshettra Panchayat under Section 165 unless –

(1) A sanction given or deemed to have been given under Section 165 shall not, beyond exempting the person to whom the sanction is given or deemed to have been given from any penalty or consequence to which he would otherwise be liable under Section 170, 171 or 191, confer or extinguish any right or disability or operate as an estoppel or admission or affect any title to property or have any other legal effect whatsoever. (2) In particular, such sanction shall not operate to relieve any person from the obligation imposed by Section 181 to obtain separate sanction for any structure referred to therein.

Whoever begins, continues or completes the erection or re-erection of, or any material alteration in a building or part of a building or the construction or enlargement of a well, without giving the notice required by Section 164 or in contravention of the provisions of Section 165 or of an order of Kshettra Panchayat refusing sanction or any written directions made by the Kshettra Panchayat under Section 165 or any bye-law, shall be liable upon conviction to a fine which may extend to five hundred rupees.

The Kshettra Panchayat may at any time by written notice direct the owner or occupier of any land to stop the erection, re-erection or alteration of a building or part of a building or the construction or enlargement of a well thereon in any case, where the Kshettra Panchayat considers that such erection, re-erection, alteration, construction or enlargement is an offence under Section 170 and may, in like manner, direct the alteration or demolition, as it deems necessary, of the building, part of a building or the well, as the case may be.

The Kshettra Panchayat may construct within the controlled rural area such drains as it thinks necessary for keeping an inhabited area properly cleansed and drained and may carry such drains through, across or under any street or place, and after reasonable notice in writing to the owner or occupier, into, through or under any building or land.

(1) The Kshettra Panchayat may, from time to time, enlarge, lessen, alter the course of, cover or otherwise improve a public drain and may discontinue, close up or remove any such drain. (2) The exercise of the power conferred by sub-section (1) shall be subject to the condition that the Kshettra Panchayat shall provide another and equally effective drain in place of any existing drain of the use of which any person is deprived by the exercise of the said power.

(1) The owner or occupier of a building or land within the rural area shall be entitled to cause his drains to empty into the drains of the Kshettra Panchayat, provided that he first obtains the written permission of the Kshettra Panchayat, and that he complies with such conditions consistent with any bye-law as the Kshettra Panchayat prescribes as to the mode in which, and the

Except where a site abuts a public or private street, if any person owning or possessing any land in a controlled rural area not hitherto used for building purposes intends to utilize, sell, lease, or otherwise transfer such land or any portion thereof as site for the construction of a building he shall before utilizing selling, letting or otherwise transferring such site lay out and made a street which shall connect such site with an existing public or private street.

(1) Every person before beginning to lay out or make a new private street in a controlled rural area shall submit an application in writing to the Kshettra Panchayat seeking permission to lay out or make such street and shall along with such application submit the following particulars :

Should the Kshettra Panchayat neglect or omit for sixty days after the receipt of an application under Section 176 to grant the sanction or if an order has been issued under sub-section (3) of the said section asking for further information fails within a period specified in such order to deliver to the person who has submitted the application, particulars of the information required by the Kshettra Panchayat such person may by, a written communication call the attention of the Kshettra Panchayat to the omission, neglect or failure and if such omission, neglect or failure continues for a further period of thirty days, the Kshettra Panchayat shall be deemed to have sanctioned the laying out and making of the proposed street absolutely.

(1) A sanction given or deemed to have been given by the Kshettra Panchayat under Sections 176 and 177 shall be available for one year. (2) After the expiry of the said period the proposed street may not be commenced without sanction under the foregoing sections.

Whoever begins, continues or completes the laying out or making of a street without giving the notice required by Section 176 or in contravention of any written direction made by the Kshettra Panchayat under Section 177

(1) If any person lays out or makes any street referred to in Section 176 without or otherwise than in conformity with the orders of the Kshettra Panchayat, the Kshettra Panchayat may notwithstanding any prosecution which may have been started against the offender under this Act, by notice in writing –

(1) Subject to any rules made by the State Government prescribing the conditions for the sanction by a Kshettra Panchayat of projections over streets or drains in a controlled rural area, a Kshettra Panchayat may give written permission, where provision is made by a bye-law for the giving of such permission –

Any person erecting or re-erecting any such projection or structure as is referred to in Section 181 without the permission thereby required or in contravention of any permission given thereunder shall be liable on conviction to a fine which may extend to two hundred and fifty rupees.

The Kshettra Panchayat may, by notice, require the owner or occupier of a building to remove, or to alter a projection or structure overhanging, projection into or encroaching on a street, or into, on or over any drain, sewer or aqueduct therein.

(1) If in the controlled rural area any private street or part thereof is not leveled, paved, metalled, flagged, channeled or drained to the satisfaction of the Kshettra Panchayat, the Kshettra may by notice require the owners or occupiers of premises fronting, or abutting such street or part thereof to carry out work which in its opinion may be necessary, and within such time as may be specified in such notice.

(1) No person shall cut down any tree or cut off a branch of any tree, or erect or reerect or demolish any building or part of a building or alter or repair the outside of any building where such action is of a nature to cause obstruction, danger or annoyance, or risk of obstruction, danger or annoyance, to any person using a street, without the previous permission in writing of the Kshettra Panchayat.

The Kshettra Panchayat may, by notice, require the owner or occupier of any land in a controlled rural area to cut or trim the hedges growing thereon and bordering on a street or any branches of trees growing thereon which overhang a street and obstruct the same or cause danger.

When a private house, wall or other erection or anything fixed thereto or a tree shall fall down and obstruct a public drain or encumber a street, the Kshettra Panchayat may remove such obstruction or encumbrance at the expense of the owner of the same and may recover such expense in the manner provided by Chapter VIII, or may, by notice, require the owner to remove the same within a time to be specified in the notice.

The Kshettra Panchayat may, by notice, require the owner or occupier of any building or land abutting on a street to put up and keep in good condition proper troughs and pipes for receiving and carrying off the water from the building or land and for discharging the same such manner as the Kshettra Panchayat may think fit, so as not to inconvenience persons passing along the street.

A Zila Panchayat or a Kshettra Panchayat may – (a) lay out and make a new public street and construct tunnels and other works subsidiary to the same; (b) widen, lengthen, extend, enlarge or otherwise improve any existing public street, if vested in the Zila Panchayat or the Kshettra Panchayat, as the case may be; (c) subject to such conditions as may be prescribed, turn, divert, discontinue or close any public street so vested;

(1) A Kshettra Panchayat may at any time, and shall when required by a requisition under the sub-section (3) of Section 184 by public notice posted up in any street that is not a public street, or in a part of such street, five intimation of its intention to declare the same a public street. Within two months next after such notice has been so posted up, the owner or owners of such street, or of a greater portion thereof may lodge objections addressed to the Kshettra Panchayat against the notice.

(1) Whenever the appropriate authority considers it expedient to define general line of buildings on each or either side of any existing or proposed public street, it shall give public notice of its intention to do so.

(1) The appropriate authority shall, during the construction or repair of a public street or of any water channel, drain or premises vested in it, or whenever any public street, water channel drain or premises vested in it has, for want or repair, or otherwise become unsafe for use by the public, take all necessary precautions against accident by –

(1) The Kshettra Panchayat may, and when so required by the Zila Panchayat shall, by notice, require the owner of, or the person having control over a private water-course, spring, tank, well or other place, the water of which is used for drinking, to keep and maintain the same in good repair and to clean the same, from time to time, of silt, refuse or decaying vegetation, and may also require him to protect the same from pollution in such manner as the Kshettra Panchayat may think fit.

In the event of the rural area of the district, or any part thereof, being visited with an outbreak of cholera or other infectious disease notified in this behalf by the State Government, the Adhyaksha of the Zila Panchayat or the Pramukh of the Kshettra Panchayat, or any person authorized by any of them in this behalf, may, during the continuance of the epidemic, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purpose of drinking, and may further take such steps as he deems fit to prevent the removal of water therefrom.

The Zila Panchayat or the Kshettra Panchayat may, by notice, require an owner or occupier on whose land a drain, privy, latrine, urinal, cesspool or other receptacle for fifth or refuse exists within fifty feet of a spring, well, tank, reservoir or other source from which water is or may be derived for public use, to remove or close the same within one week from the service of such notice.

– (1) Where, on or after the commencement of this Act, any street has been made or any building, wall or other structure has been erected or any tree has been planted without the permission in writing of the Zila Panchayat or as the case may be, of the Kshettra Panchayat over a public drain or culvert or a waterwork vested in it, the Zila Panchayat or the Kshettra Panchayat, as the case may be, may –

(1) The Kshettra Panchayat may, with the approval of the District Magistrate, fix premises in a controlled rural area for the slaughter of animals, or animals of any specified description for sale, and may, with the like approval, grant and withdraw licences for the use of such premises.

Whenever it appears to the District Magistrate to be necessary for the preservation of the public peace or order, be may, subject to the control of the Commissioner of the Division, prohibit or regulate, by public notice, the slaughter anywhere within the rural area of animal or animals of any specified description for purposes other than sale and prescribe the mode and route in and by which such animals shall be brought to and meat shall be conveyed from the place of slaughter.

Whoever in the rural area feeds, or allows to be fed an animal which is kept for dairy purposes, or may be used for food, on filthy or deleterious substances, shall be liable on conviction to a fine which may extend to fifty rupees.

– (1) If, in the course of the inspection of a place under the preceding section, an article of food or drink or an animal appears to be intended for the consumption of man and to be unfit therefore, the person inspecting may seize and remove the same or may cause it to be destroyed, or to be so disposed of as to prevent its being exposed for sale or use for such consumption.

(1) If it is shown to the satisfaction of a Zila Panchayat that any building or place within the limits of the rural area which any person uses or intends to use as a factory or other place of business for the manufacture, storage, treatment or disposal of any article, by reason of such use, or by reason of such

Whoever, in driving, leading or propelling a vehicle along a street in the rural area, fails, except in the case of actual necessity

(1) The Kshettra Panchayat may, where it appears to be necessary for the prevention of danger to life or property, by public notice prohibit all persons from stocking or collecting, or stocking or collecting beyond a specified quantity, wood, dry grass, straw or other inflammable materials, or from placing mats or thatched huts or lighting fires in any house, building place or within limits specified in the notice.

No order of confiscation under Section 204 shall operate to prevent any other criminal or civil proceedings to which the person storing, or collecting or storing, or collecting the materials in excess of the permitted quantity may be liable.

– (1) Whoever displaces, takes up or makes an alteration in or otherwise interferes with, the pavement, gutter, flags or other materials of a public street or the fences, walls or posts thereof, or other such Zila Panchayat or Kshettra Panchayat property therein without the written consent of the Zila Panchayat or the Kshettra Panchayat, as the case may be, or other lawful authority, shall be liable on conviction to a fine which may extend to one hundred rupees.

Whoever discharges firearms or lets off fireworks or fire-baloons, or engages in a game, in such a manner as to cause, or to be likely to cause, danger to persons passing by or dwelling or working the neighbourhood, or risk of injury to property shall be liable on conviction to a fine which may extend to twenty rupees.

(1) A Zila Panchayat may require by notice the owner or occupier of any land or building –

(1) Whoever without the written permission of the Zila Panchayat –

The Zila Panchayat may require by notice any person employing more than twenty workmen or labourers or owning, managing or having control of a market, school or theatre or other place of public resort to provide such latrines and urinals as it may deem fit, and to cause the same to be kept in proper order and to be daily cleaned.

The Zila Panchayat may by notice require the owner or occupier of any land or building to cleanse, repair, cover, fill up or drain off a private well, tank, reservoir, pool, depression or excavation therein which may appear to the Zila Panchayat to be injurious to health or offensive to the neighbourhood.

Should any land be in filthy or unwholesome state the Zila Panchayat may, by notice, require the owner thereof to cleanse, or otherwise put in a proper state, the land and thereafter to keep the same in a clean and proper state.

(1) The Zila Panchayat may in any controlled rural area – (a) provide receptacles and places for the temporary deposit of offensive matter and rubbish;

The occupier of any building or land from which any offensive matter, rubbish, or night-soil is thrown or deposited on any part of a public drain, or into any drain communicating with a public drain, otherwise than in a place appointed under clause (b) or in a receptacle or place provided under clause (a) of sub-section (1) of section 213, and any person contravening any direction of a Zila Panchayat issued under clause (c) of the said sub-section shall be liable, upon conviction, to a fine not exceeding twenty rupees.

In specified areas, whenever the water of a sink, sewer or cesspool, or any other offensive matter is allowed to flow, drain or be put upon a public street or place, or into a sewer or drain not set apart for the purpose without the permission in writing of the Zila Panchayat or in contravention of any condition prescribed in such permission, the owner or occupier of the land or buildings from which such water or offensive matter flows, drains or is put, shall be liable upon conviction, to a fine which may extend to twenty rupees.

(1) In a controlled rural area, should a building, or a room in a building, be in the opinion of the Zila Panchayat unfit for human habitation in consequence of the want of proper means of drainage or ventilation or otherwise, the Zila Panchayat may, by notice, prohibit the owner or occupier thereof from using the building or room for human habitation or suffering it to be so used either absolutely or unless, with a time to the specified in the notice, he effects such alteration therein as is prescribed in the notice.

Whoever, while suffering from an infections, contagious or loathsome disorder – (a) makes or offers for sale an article of food or drink for human consumption or a medicine or drug; or

If the Director of Medical and Health Services certifies that the cultivation of any description of crops or the use of any kind of manure or the irrigation of land ion any specified manner –

The Zila Panchayat may, by notice, require the owner or occupier of any land to clear away and remove any vegetation or undergrowth which may be injurious to health or offensive to the neighbourhood.

In a rural area for which bye-laws have been made under sub-head (d) of heading “G” of sub-section (2) of Section 239 the Zila Panchayat may, by notice, require the owner or occupier of any land upon which an excavation, cesspool, tank or put had been made in contravention of such bye-laws, or in breach of the condition under which permission to dig any such excavation, cesspool, tank or pit has been granted, to fill up or drain the excavation, cesspool, tank or pit within a period to be specified in such notice.

(1) The Zila Panchayat may, by public notice, order a burial or burning ground which is certified by the civil surgeon or Swasthya Adhikari to be dangerous, likely to be dangerous, to the health of persons living in the neighbourhood to be closed from a date to be specified in the notice, and shall, in such case, if no suitable place for burial or burning exists within a reasonable distance, provide a fitting place for the purpose.

The Adhyaksha, the Mukhya Adhikari and if authorized in this behalf by resolution any other member, officer or servant of the Zila Panchayat and similarly the Pramukh, the Khand Vikas Adhikari or any other officer of the Kshettra Panchayat authorized in this behalf by the Khand Vikas Adhikari may enter into or upon a building or land with or without assistants or workmen, in order to make an inspection or survey or to execute a work which the Zila Panchayat or, as the case may be, the Kshettra Panchayat is authorized by this Act or by rules or bye-laws, to make or execute, or which it is necessary for the Zila Panchayat or the Kshettra Panchayat for any of the purposes or in pursuance of any of the provisions of this Act or of rules or byelaws, to make or execute :

It shall be lawful for a person authorized under the provisions of Section 222 to make an entry for the purpose of inspection, or of search, to open or, cause to be opened a door, gate or other barrier –

Whoever obstructs or molests a person employed by or under contract with, the Zila Panchayat or a Kshettra Panchayat under this Act in the performance of his duty or in the fulfillment of his contract, or removes a mark set up for the purpose of indicating any levels or direction necessary to the execution of works authorized by this Act, shall be liable to conviction to imprisonment upto to three months or fine up to five hundred rupees or both.

(1) The prescribed authority or the District Magistrate may, with the limits of its or his jurisdiction or district, as the case may be –

(1) The District Magistrate may, from time to time, call after reasonable notice, a meeting of himself, the Adhyaksha and the Mukhya Adhikari and if considered necessary also the Vitta Adhikari, to discuss matters relating to expenditure from the budget grant of the Zila Panchayat relating to planning and development.

A work, or institution, constructed or maintained in whole or part, at the expense of a Zila Panchayat, and all registered, books, accounts or documents relating thereto shall at all times be opened to inspection by such officers as the State Government appoints in this behalf.

(1) The prescribed authority may, within the limits of its jurisdiction by order in writing, prohibits the execution or further execution of a resolution or order passed or made under this or any other enactment by a Zila Panchayat, or Committee of a Zila Panchayat, or a joint Committee, or servant of a Zila Panchayat or a Committee, if in its opinion such resolution or order is patently illegal or ultra vires or inconsistent with any order or direction given by the State Government under this Act or is of a nature to cause or tend to cause obstruction, annoyance or injury to the public or to any class or body or persons lawfully employed, or danger to human life, health or safety, or a riot or affray and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order.

(1) In case of emergency the District Magistrate may provide for the execution of any work, or the doing of any act which the Zila Panchayat or Committee or joint Committee thereof is empowered to execute or do, and the immediate execution or doing of which is, in his opinion, necessary for the safety or protection of the public, and may direct the expenses of executing the work or doing the act shall be forthwith paid by the Zila Panchayat.

(1) If any time, upon representation made or otherwise, it appears to the State Government that a Zila Panchayat, or joint committee, or other Committee of the Zila Panchayat has made default in performing a duty imposed on it by or under this or any other enactment, the State Government may, by order in writing, fix a period for the performance of that duty.

(1) The State Government may remove a member of the Zila Panchayat on any of the following grounds :

If at any time, upon representation made, or otherwise, it appears to the State Government that a Zila Panchayat makes default in the performance of any duty imposed on it by or under this or any other enactment, or exceeds or abuses its powers, the State Government may, after calling for an explanation from the Zila Panchayat and considering any objection made by it to action being taken under this section, and upon being satisfied that resort to such action is desirable by an order, with the reasons for making it published in the Gazette, dissolve the Zila Panchayat2 .

Where a Zila Panchayat is dissolved under Section 232, the following consequences shall follow –

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(1) The provisions of Section 225 to 2337 , shall as far as may be, apply to Kshettra Panchayat as if the expressions “Zila Panchayat”, “Adhyaksha”, “Mukhya Adhikari” and “Zila Nidhi” had been substituted by the expression “Kshettra Panchayat”, “Pramukh”, “Khand Vikas Adhikari” and “Kshettra Nidhi”.

(1) The State Government may by notification in the Gazette make rules2 , consistent with this Act in respect of any matter or matters for which the power of making rules is expressly or by implication conferred by this Act, and may also make rules which are otherwise requisite for carrying out the purposes of this Act.

(1) A Zila Panchayat may, by special resolution, make regulations consistent with this Act and with any rule, and with any regulation made by the State Government under sub-section (2) as to all or any of the following matters :

A Zila Panchayat may, and where required by the State Government shall, make bye-laws for its own purposes and for the purposes of Kshettra Panchayats, applicable to the whole or any part of the rural area of the district, consistent with this Act and with any rule, in respect of maters required by this Acts to be governed by bye-laws and for the purposes of promoting or maintaining the health, safety and convenience of the inhabitants of the rural area of the district and for the furtherance of the administration of this Act in the Khand and the district.

In making a rule the State Government, and in making a by-law the Zila Panchayat with the sanction of the Prescribed Authority may direct that a breach of it shall be punishable with fine which may extend to one thousand rupees3 and, when the breach is a continuing breach with a further fine which may extend to fifty rupees4 , for every day after the first conviction during which the offender is proved to have persisted in the offence, or, in default of the fine, with an imprisonment which may extend to three months.

(1) The power of the State Government to make regulations under this chapter is subject to the condition of the regulations being made after previous publication and of their not taking effect until they have been published in the Gazette.

(1) The power of a Zila Panchayat to make regulations under clauses (e) to (q) of sub-section (1) of Section 238 shall be subject to the condition of the regulations not taking effect until they have been confirmed by the State Government.

Where any notice issued under any section of this Act or under any rule or bye-laws requires an act to be done, for which no time is fixed by such section or rule or bye-law, the notice shall specify a reasonable time for doing the same; and it shall rest with the Court to determine whether the time so specified was a reasonable time within the meaning of this section.

(1) Every notice or bill issued or prepared under any section of this Act or under any rule or bye-law shall, unless it is in such section or rule or bye-law otherwise expressly provided, be served or presented –

No notice or bill shall be invalid for defect of form.

If a notice has been given under the provisions of this Act or under a rule or bye-law to a person requiring him to execute a work or to provide or do or refrain from doing anything within time specified in the notice, and if such a person fails to comply with such a notice, then –

Unless otherwise expressly provided, no Court shall take cognizance of any of the offences punishable under this Act or under any rule or by-law, except on the complaint of, or upon information received from the Zila Panchayat or the concerned Kshettra Panchayat or some person authorized by the Zila Panchayat or the concerned Kshettra Panchayat by general or special order in this behalf.

(1) The Adhyaksha of a Zila Panchayat or the Pramukh of a Kshettra Panchayat may either before or after the institution of proceedings, compound an offence against this Act or a rule or by-law, provided that no offence shall be compoundable which is constituted by failure to comply with a written notice issued by the Zila Panchayat or the Kshettra Panchayat, or on behalf of the Zila Panchayat or the Kshettra Panchayat, unless and until the notice has been complied with in so far as compliance is possible.

If through an act, neglect or default on account where of a person has incurred a penalty imposed by or under this Act any damage to the property of the Zila Panchayat or any Kshettra Panchayat has been caused, the person incurring such penalty shall be liable to make good such damage as well as to pay such penalty and the amount of damage shall, in case of dispute, determined by the Magistrate by whom the person incurring such

Every police officer shall give immediate information to the Zila Panchayat or the concerned Kshettra Panchayat, as the case may be of an offence coming to his knowledge which ahs been committed against this Act or any Act wherein or whereunder provision is made for the fine being credited to the Zila Nidhi or the Kshettra Nidhi or against any rule made under any of the said Acts; and shall be bound to assist all members officers and servants of the Zila Panchayat and of any Kshettra Panchayat in the exercise of their lawful authority.

(1) Any person aggrieved by any order or direction made by a Zila Panchayat or a Kshettra Panchayat, as the case may be, under the powers conferred upon it by Sections 165(1), 171, 184, 191(6), 193, 202, 216, 218, 221 or under a bye-law made under sub-head (a) of Heading D and under Heading E of sub-section (2) of Section 239, may within thirty days from the date of such direction or order, exclusive of the time requisite for obtaining a copy thereof, appeal to such officers as the State Government may appoint, for the purpose of hearing such appeals or any of them or, failing such appointment, to the District Magistrate.

(1) The Court deciding the appeal shall have power to award costs at its discretion. (2) Costs awarded under this section to the Zila Panchayat or a Kshettra Panchayat shall be recoverable by the Zila Panchayat or the Kshettra Panchayat as if they were arrears of a tax due from the appellant.

(1) No order or direction referred to in Section 251 shall be questioned in any other manner or by any other authority than is provided therein.

When an order or direction of the kind specified in Section 251 is subject to appeal and appeal has been instituted against it, or a civil suit has been filed concerning the subject matter of any order or direction made under Section 251, all proceedings to enforce such order or direction and all prosecutions for a breach thereof may, by order of the appellate authority or of the Civil Court, as the case may be suspended pending the decision of the appeal or the civil suit and if such order is set aside on appeal or by the decree of the Civil Court, disobedience thereto shall not be deemed to be and offence.

– (1) Should a dispute arise touching the amount of compensation which the Zila Panchayat or a Kshettra Panchayat is required by this Act to pay, it shall be settled in such manner as the parties ma agree, or in default of agreement, by the Collector upon application made to him by the Zila Panchayat, the Kshettra Panchayat or the person claiming compensation.

– (1) Should a dispute arise between a Zila Panchayat or a Kshettra Panchayat and any other local authority on any matter in which they are jointly interested, such dispute shall be referred to the State Government whose decision shall be final.

(1) No suit shall be instituted against a Zila Panchayat or a Kshettra Panchayat or against a member, officer or servant of a Zila Panchayat or a Kshettra Panchayat, in respect of an act done or purporting to have been done in its or his official capacity until the expiration of two months next after notice in writing has been, in the case of a Zila Panchayat or a Kshettra Panchayat left at its office, and in the case of a member, officer or servant, delivered to him or left at his office or place of abode, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been delivered or left.

No Civil Court shall, in the course of any suit, grant any temporary injunction, or made any interim order (a) restraining any person from exercising the powers of performing the functions or duties of a member, Adhyaksha, 1 x x x, officer or servant of a Zila Panchayat or of a Committee or sub-committee of a Zila Panchayat on the ground that such person has not been duly elected, co-opted or appointed as such member, Adhyaksha, 2 x x x, officer or servant; or

The State Government may, by notification in the Gazette, delegate to the prescribed authority, in respect of any specified Zila Panchayat or Zila Panchayat or Kshettra Panchayat or Kshettra Panchayats any one or more of the powers vested in it by this Act.

The minute books of the Zila Panchayat and every Kshettra Panchayat and the assessment lists of the Zila Panchayat shall be open to inspection free of charge by any tax-payer or elector under conditions to be prescribed by bye law in this behalf.

Books containing every rule, regulation and bye-law shall be kept in the office of the Zila Panchayat or the Kshettra Panchayat as the case may be, and shall be open, during the ordinary hours of business, inspection, free of charge by any person and shall be for sale to the public at such office at a reasonable price to be specified by bye-law in this behalf.

– A copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of a Zila Panchayat or a Kshettra Panchayat shall, if duly certified by the legal keeper thereof or other person authorized in this behalf, be received a prima facie evidence of the matters and transactions therein recorded in every case, where an to the same extent as, the original entry or document would, if produced have been admissible to prove such matters.

– No officer of servant of a Zila Panchayat or of a Kshettra Panchayat shall in any legal proceeding to which the Zila Panchayat or the Kshettra Panchayat is not a party, be required to produce any register or document, the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein unless by order of the Court made for special cause.

Any member of a Zila Panchayat or a Kshettra Panchayat may inspect any work or institution constructed or maintained, in whole or part, that expense of the Zila Panchayat or the Kshettra Panchayat, as the case may be, and with the previous sanction of the Adhyaksha any register, book, accounts or other documents in the office of the Zila Panchayat or the Kshettra Panchayat as the case may be.

(1) The Adhyaksha and 2 x x x, of a Zila Panchayat and the Pramukh and 3 x x x of Kshettra Panchayat shall receive such honoraria and such allowances as may be prescribed.

(1) The election to the office of an Adhyaksha, 3 x x x or a member of a Zila Panchayat and Pramukh, 4 x x x or a member of Kshettra Panchayat shall be held by secret ballot in the manner provided by rules which shall also provide for resolution of doubts and disputes relating to the election of such Adhyaksha, 5 x x x, Pramukh and 6 x x x.

(1) Subject to the supervision and control of the State Elections Commission, the District Magistrate shall supervise the conduct of all elections under this Act in the district. (2) Every local authority and the management of every educational institution receiving grant-in-aid from the State Government in the district shall, when so required by the District Magistrate make available to him or to any other officer appointed by the District Magistrate as Nirvachan Adhikari in accordance with the directions issued by the State Election Commission, such staff as may be necessary for the performance of any duties in connection with such election.

(1) If it appears to the District Magistrate that in connection with an election under this Act within the district – (a) any premises are needed or are likely to be needed for the purpose of being used as a polling place or for the storage of ballot boxes after a poll has been taken; or

(1) Whenever in pursuance of Section 264-D the District Magistrate requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely – (j) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;

The District Magistrate may, with a view to requisitioning any property under Section 264-D or determining the compensation payable under Section 264-E by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.

– (1) Any person authorized in this behalf by the District Magistrate may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under Section 264-D should be made in relation to such premises, vehicle, vessel or animal, or with a view to securing compliance with any order made under that section.

– (1) Any person remaining in possession of any requisitioned premises in contravention of any order made under Section 264-D may be summarily evicted from the premises by any officer empowered by the District Magistrate in this behalf.

– (1) When any premises requisitioned under Section 264-D are to be released from requisition the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the District Magistrate to be the owner of such premises, and such delivery of possession shall be a full discharge of the District magistrate from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is to delivered.

If any person contravenes any order made under Section 264-D or Section 264-F he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

Nothing in this Act shall affect any provision of the Indian 140 Railways Act, 1890 (Act IX of 1890) or of the United Provinces Village Sanitation Act, 1892 (U.P. Act II of 1892), or any rule made under those Acts.

(1) In any enactment other than the United Provinces District Boards Act, 1992 (U.P. Act X of 1922), or the Uttar Pradesh Antarim Zila Parishad Act, 1958 (U.P. Act XXII or 1958), in force on the date immediately preceding the date of commencement of this Act1 in a District or any rule, order or notification made or issued thereunder and in force on such date in the said district unless a different intention appears –

– (1) On and from the date of commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994 and subject to the provisions of Section 102 –

All sums due to the Zila Panchayat or the Kshettra Panchayat, whether on account of any tax or any other account, shall be recoverable by the Zila Panchayat of the Kshettra Panchayat, as the case may be, and for the purpose of such recovery, it shall be competent to the Zila Panchayat or the Kshettra Panchayat, as the case may be to take any measure or institute any proceeding which if would have been open to the Zila Panchayat or the Kshettra Panchayat to take or institute, if the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994 had not come into force.

(1) All debts and obligations incurred and all contracts made by or on behalf of the Zila Panchayat or he Kshettra Panchayat before the date referred to in sub-section (1) of Section 267 and subsisting on the said date shall be deemed to have been incurred and made by the Zila Panchayat or the Kshettra Panchayat as the case may be, in exercise of the powers conferred on it by this Act and shall continue in operation accordingly.

270. Continuation appointments of taxes, budget estimates, assessments, etc. – Save as expressly provided by the provision of this Chapter – (a) any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration, rule, bye-law, regulation and form made, issued imposed or granted under the United Provinces District Boards Act, 1922 (U.P. Act X of 1922), or the Uttar Pradesh Antarim Zila Parishad Act, 1958 (U.P. Act XXII of 1958), or this Act as it stood before its amendment by the Uttar Pradesh Panchayat Laws (Amendment) Act, 19941 , or any other law in force in any local area immediately before the appointed date shall, in so far as it is not inconsistent with the provisions of this Act, continue in force until it is superseded by any appointment, delegation, notification, notice, tax, order direction, scheme, licence, permission, registration rule, bye-law regulation or form made, issued, imposed or granted under this Act, as amended by the said Act2 , or any other law as aforesaid, as the case may be; and

– Notwithstanding anything in this Act, during the period between the commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994, and the constitution of – (a) the first Zila Panchayat under this Act as amended by the Uttar Pradesh Panchayat Laws (Amendment) Act, 19945 , the Zila Panchayat and its Adhyaksha, 6 x x x and members shall respectively exercise, perform, and discharge the powers, functions and duties of the Zila Panchayat and its Adhyaksha, 1 x x x and members and shall be deemed respectively to be the Zila Panchayat and its Adhyaksha, 2 x x x and members; or

– (1) If any difficulty arises in giving effect to the provisions of this Act, or, by reason of anything contained in this Act, to any other enactment for the time being in force, the State Government may, as occasion requires, by notified order direct that this Act, shall have effect7 , subject to such adaptation, whether by way of modification, addition or omission, as it may deem to be necessary and expedient.

The enactments named in Schedule VIII shall be amended in the manner and to the extent specified in that Schedule. Provided that the amendment of Section 37 of the United Provinces Panchayat Raj Act, 1947 (U.P. Act XXVI of 1947), shall take effect from such date as may be specified by the State Government by notification in the Gazette and different dates may be specified in respect of different districts.

(1) As from the date on which the establishment of Kshettra Panchayats is completed in a district the United Provinces District Boards Act, 1922 (U.P. Act X of 1922) and the United Provinces Local Rates Act, 1914 (U.P. Act I of 1914)), shall be, and stand, repealed in relation to that district. 1 Provided that in relation to areas in which estates have not vested in the State under law relating to the abolition of Zamindari, the provisions of the said Act to the extent they relate to imposition and collection of local rates, shall be deemed to continue in force until the date of such vesting. 2 (2) As from the date on which the Zila Panchayat is established in a district under Section 17, the Uttar Pradesh Antarim Zila Parishad Act, 1958 (U.P. Act XXII of 1958), shall be and stand repeated in relation to that district.