Uttar Pradesh act 026 of 1947 : The UNITED PROVINCES PANCHAYAT RAJ ACT

(1) This Act may be called the Uttaranchal Tristariya Panchayat Raj Amendment Act, 2002. (2) It extends to the whole of Uttaranchal State. (3) It shall come into force with immediate effect.

– In this Act, unless there is anything repugnant in the subject or context. – a) Nyaya Panchayat’ means a Nyaya Panchayat established under section 42 and includes a bench thereof; b) ‘Adult’ means a person who has attained the age of twenty-one years; 6 (bb)‘backward classes’ means the backward classes of citizens specified inb Schedule 1 of the Uttar Pradesh Public Services (Reservation for

The State Government shall, by notification in the official Gazette, establish a Gram Sabha for a village or group of villages by such name as may be specified; Provided that where a Gram Sabha is established for a group of villages, the name of the village having the largest population shall be specified as the name of the Gram Sabha.

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– A personal shall be deisqualified for being chosen as, and for being, 2 the Pradhan or a member of a Gram Panchayat, if he –

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– (1) 2 member of Gram Panchayat shall cease to be such member if the entry relating to that member is deleted from the electoral 2 roll for a territorial constituency of Gram Panchayat. (2) Where any person ceases to be a member of a 3 Gram Panchayat under sub-section (1) he shall also cease to hold any office to which he may have been elected, nominated or appointed by reason of his being a member thereof.

If any question arises as to whether a person has become subject to any disqualification mentioned in Section 5-A or in sub-section (1) of Section 6, the question shall be referred to the prescribed authority for his decision and his decision shall, subject to the result of any appeal as may be prescribed, be final.

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– It the whole of the area of Gram Panchayat is included in a city, municipality, cantonment, notified area, or 2 Nagar Panchayat the Gram Panchayat shall cease, and its assets and liabilities shall be disposed of in the manner prescribed. If a party of such area is so included, its jurisdiction shall be reduced by that part.

(1) For each territorial constituency of Gram Panchayat, and electoral roll shall be prepared, in accordance with the provisions of this Act 3 and the rules made thereunder the superintendence, direction and control of the State Election Commission.

Except as otherwise provided by or under this Act, every person whose name is for the time being included in the electoral roll for a territorial consistency 3 of a Gram Panchayat shall be entitled to vote at any election and be eligible for election, no nomination or appointment to any office in 4 that Gram Panchayat or the concerned Nyaya Panchayat;

If, in establishing a Gram Sabha or in the working of a Gram Panchayat, and any dispute of difficulty arises regarding the interpretation of any provision of this Act or any rule made thereunder or any matter arising out of or relating to such interpretation or any matter not provided in this Act, the same shall be referred to the State Government whose decision thereon shall be final and conclusive.

(1) Every Gram Sabha shall hold two general meeting in each year, one soon after harvesting of the Kharif Crop (hereinafter called the Kharif meeting) and the other soon after harvesting of the Rabi Crop (hereinafter called the Rabi meeting) which shall be presided over the Pradhan of the concerned Gram Panchayat.

There shall be a Pradhan of the Gram Panchayat, who shall be the Chairperson thereof. (2) The State Government shall, by order, reserve offices of Pradhans for the Scheduled Castes, the Scheduled Tribes, and the backward classes;

(1) The Pradhan of the Gram Panchayat shall be elected by the persons registered in the electoral rolls for the territorial constituencies of the Panchayat area from amongst themselves. (2) If at any general election to a Gram Panchyat, the Pradhan is not elected, and less than two-thirds of the total number of members of Gram Panchayat are elected, the State Government or an officer authorized by it in this behalf may, by order, either appoint – (i) an Administrative Committee consisting of such number of persons qualified to be elected as members of the Gram Panchayat, as it may consider propert; or (ii) an Administrator.

The Up-Pradhan shall be elected by the members of the Gram Panchayat from amongst themselves in such manner as may be prescribed.

No person shall simultaneously – (a) be the Pradhan of a Gram Panchayat and a Panch of the Nyaya Pachayat, or (b) be a member of a Gram Panchayat for more than one territorial constituency, or (c) be a member of a Gram Panchayat and a Panch of Nyaya Panchayat, or (d) hold any office in more than one Gram Panchayat or Nyaya Panchayat, and the rules may provide for the vacation of all but one office by any person chosen to fill offices which he cannot hold simultaneously.

(1) A person shall be disqualified for being elected to or holding the office of Pradhan or member of Gram Panchayat or a Panch of a Nyaya Panchayat, if he is –

(1) The State Government may, by notification, declare any area comprising a village of group of villages, having, so far as practicable, a population of one thousand, to be a Panchayat area for the purposes of this Act by such name as may be specified;

(a) There shall be 1 constituted for every Panchayat area, a Gram Panchayat bearing the name of the Panchayat area. (b) Every Gram Panchayat shall be a body corporate. (c) A Gram Panchayat shall consist of a Pradhan and in the case of a Panchayat area having a population of –

The election to the office of a Pradhan or UpPradhan 2 * * * or a member of a Gram Panchayat shall be held to secret ballot in the manner prescribed.

(1) The Pradhan and Up-Pradhan of the Gram Panchayat shall receive such allowances and honoraria as may be prescribed. (2) The member of a Gram Panchayat, other than Pradhan and Up-Pradhan shall receive such allowances as may be prescribed.

A Gram Panchayats shall ordinarily meet for the transaction of business at least once every month but two months shall not intervene between two consecutive meetings;

The Superintendence, direction and control of the conduct of the election to the office of the Pradhan, Up-Pradhan or a member of a Gram Panchayat shall be vested in the State Election Commission.

Subject to the supervision and control of the State Election Commission, the District Magistrate shall supervise the conduct of all of elections of the Pradhans, the UpPradhans and the members of Gram Panchayats in the District.

If it appear the District Magistrate that in connection with an elections under this Act to be held within the district –

Whenever in pursuance of Section 12-BCA 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 :

The District Magistrate may, with a view to requisitioning any property under Section 12-BCA or determining the compensation payable under Section 12-BCB 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 what manner, an order under Section 12- BCA 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. (2) In this section the expressions ‘premises’ and ‘vehicle’ have the same meanings as in Section 12-BCA.

(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under Section 12-BCA may be summarily evicted from the premises by any Officer empowered by the District Magistrate in this behalf. (2) Any Officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

When any premises requisitioned under Section 12-BCA are to be released from requisition, the possession thereof shall be delivered to the person from whom possession thereof shall be delivered to the person from possession was taken at the time when the 28 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 to the premises is so delivered.

(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.

(1) The election of a person as Pradhan 2 * * * or as member of a Gram Panchayat including the election of a person appointed as the Panch of the Nyaya Panchayat under Section 43 shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the ground that –

shall mutatis mutandis apply to the election of person as Up-Pradhan of a 2 Gram Panchayat, Sarpanch or Sahayak Sarpanch of a Nyaya Panchayat.

Every person shall, before entering upon any office referred to in Sections (11-A, 12), 43 or 44, make and subscribe before such authority as may be prescribed on oath or affirmation in the form to be prescribed.

A Pradhan, Up-Pradhan or a member of Gram Panchayat may, by writing under his hand addressed to such authority as may be prescribed, resign his office and his office shall thereupon become vacant.

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If a vacancy in the office of the Pradhan, UpPradhan or a member of a Gram Panchayat arises by reason of his death, removal, resignation, voidance of his election or refusal to take oath of office, it shall be filled before the expiration of a period of six months from the date of such vacancy, for the remainder of his tern in the manner, as far as may be, provided in Sections 11—B, 11- C, or 12, as the case may be :

No Civil Court shall have jurisdiction to question in legality of any action taken or any decision given by an officer or authority appointed under this Act in connection with the conduct of elections thereunder.

Where the office of Pradhan is vacant by reason of death, removal, resignation or otherwise or where the Pradhan is incapable to act by reason of absence, illness or for any reason whatsoever,

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The Gram Sabha may at a meeting specially convened for the purpose and of which atleast 15 days previous notice shall be given, remove the Pradhan by a majority of two-thirds of the members of the Gram Sabha present and voting.

If any person on ceasing to act as Pradhan, Sarpanch or Sahayak Sarpanch willfully fails, in spite of being required to do so by the prescribed authority, to handover all records, money or other property of 4 Gram Sabha, Gram Panchayat or Nyaya Panchayat as the case may be, to his successors or to any person authorized in this behalf by the prescribed authority, he shall be punishable with imprisonment which may extend to three years or with fine or with both.

The Gram Panchayat may at a meeting specially convened for the purpose and of which at least fifteen days previous notice shall be given, remove the Up-Pradhan by a majority of two-thirds of the members of the Gram Panchayat.

Subject to suh conditions as may be specified by the State Government, from time to time, a Gram Panchayat shall perform the following fuctions, namely –

A Gram Panchayat shall prepare every year a development plant for the Panchayat area and submit it to the Kshettra Panchayat concerned before such date and in such form and manner as may be prescribed.

The State Government may, by notification, and subject to such conditions as may be specified therein, assign to Gram Panchayat any or all of the following functions, namely –

A 1 Gram Panchayat may contribute such amounts for such organizations, institutions and functions outside the jurisdiction of the Gram Panchayat as the State Government may be general or special order permit.

A Gram Panchayat shall have control of the public streets, water-ways, other than canals as defined in sub-section (1) of Section 3 of the Northern India Canal and Drainage Act, 1873, situate within its jurisdiction not being a private street or water-ways and not being under the control of the State Government or the 2 Zila Panchayat or any other authority specified by the State Government and may do all things necessary for the maintenance and repair thereof, and may

For the improvement of sanitation, a 1 Gram Panchayat may, by notice, direct the owner or occupier of any land or building, taking into consideration his financial position and giving him reasonable time for compliance thereof –

Gram Panchayat – (a) shall, subject to such rules as may be prescribed regarding the curriculum, employment and qualification of teachers and supervision of a school, maintain any existing primary school including the buildings and furniture thereof and be responsible for its proper working and may similarly establish and maintain a new school or improve any existing school; (b) shall, subject to such rules as may be prescribed regarding the establishment, maintenance and supervision, maintain any existing Ayurvedic, (Homoeopathic) or Unani hospital or dispensary including the building and equipments thereof and may similarly establish and maintain a new hospital or dispensary for one or more the systems of medicine mentioned above. (2) The Zila Panchayat and the State Government shall make such grants for such schools, hospitals or dispensary may be prescribed.

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Where a group of neighbouring 2 Gram Panchayat has no primary school or Ayurvedic, Homoeopathic or Unani hospital or dispensary, or it needs a road or bridge for its common benefit, the Gram Panchayats thereof shall, if so directed by the prescribed authority, combine to establish and maintain such a school, hospital or dispensary, or to construt and maintain such a road or bridge, and it shall be managed and financed in the manner prescribed. The State Government and Zila Panchayat shall make such grants for such school, hospital, dispensary, road or bridge as prescribed.

A Gram Panchayat shall, if so prescribed by the State Government and so far as practicable, assist any Government servant in the performance of his duties within its area.

A Gram Panchayat may make to the proper authority – (a) any representation concerning the welfare of the persons residing within its jurisdiction, and (b) any recommendation as to the appointment, transfer or dismissal of patrol of the Irrigation Department, Patwari (or Lekhpal, village Choukidar) or Mukhia serving in any area within the jurisdiction of such Gram Panchayat.

On receiving a complaint from any person, residing within the jurisdiction of a Gram Panchayat about any misconduct in the discharge of his official duties by any amin, process-server, vaccinator constable, village choukidar, patwari, Patrol and Tubewell operator of the Irrigation Department, forest guard, forest chowkidar, Teacher of a primary school, pond keeper, village stockman or peon of any Government Department, such Panchayat may, if here be prima facie evidence, forward the complaint to the proper authority with its own report. The authority shall, after such further enquiry which may be required, take suitable action and inform the Gram Panchayat of the result.

A Gram Panchayat may, as prescribed and in respect of any area within its jurisdiction enter into a contract

Notwithstanding anything contained in any other provisions of this Act, any Uttar Pradesh Act, rules, regulations or bye-laws or in any judgement, decree or order of any Court, -

The State Government, or such officer or authority as may be empowered by it in this behalf shall appoint a Secretary from amongst the employees referred in clause (b) of sub-section (1) or sub-section (2) of Section 25, who shall act as Secretary of such Gram Panchayat or Gram Panchayats, the Gram Sabhas concerned and the Nyaya Panchayats within whose territorial limits such Gram Panchayats are situated and perform such other duties as may be specified by the State Government or such officer or authority as may be empowered in this behalf by the State Government.

A member of a Gram Panchayat may at any meeting, move any resolution and put question to the Pradhan and Up-Pradhan on matters connected with the administration of the Gram Panchayat in the manner prescribed.

(1) Every Pradhan or Up-Pradhan of a Gram Panchayat every member of a 3 Gram Panchayat or of a Joint Committee or any other committee constituted under this Act and every Sarpanch, Sahayak Sarpanch or Panch of a Nyaya Panchayat shall be liable to surcharge for the loss, waste or misapplication of money or property 3 belonging to the Gram Panchayat or Nyaya Panchayat as the case may be, if such loss, waste or misapplication is direct consequence of his neglect or misconduct while he was such Pradhan, Up-Pradhan, member, Sarpanch, Sahyak Sarpanch or Panch;

Every member of servant of a Nyaya Panchayat, a Gram Panchayat, a joint committee or any other committee constituted under this Act shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.

The Gram Panchayat 2 * * * shall also be Bhumi Prabandhak Samiti and as such discharge the duties of up-keep, protection and supervision of all property belonging to or vested in or held by the Gram Panchayat under Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. 1 of 1951) or under any other provisions of that Act.

The Bhumi Prabandhak Samiti shall, for and on behalf of the Gram Panchayat be charged with the general management, preservation and control of all property referred to in Section 28-A including –

(1) No member of office bearer of Gram Panchayat or Bhumi Prabandhak Samiti shall, otherwise than with the permission in writing of the Collector, knowingly acquire or attempt to acquire or stipulate for or agree to receive or continue to have himself or through a partner or otherwise any share or interest in any licence, lease, sale exchange, contract or employment with, by or on behalf of the Samiti concerned;

Notwithstanding anything to the contrary contained in any other provisions of this Act or the rules made thereunder, every Gram Panchayat shall constitute such committee or committees as may be notified by the State Government from time to time, to assist the Gram Panchayat in the performance of all or any of its functions and may delegate to such committee or committees such of its powers or functions as it may deem fit.

Subject to such rules as may be prescribed, two or more 2 Gram Panchayat may combine by menas of a written instrument to appoint a joint committee consisting of other representatives, for the purpose of transacting any business in which they are jointly interested and may –

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There shall be a Gaon Fund for each 2 Gram Panchayat and the same shall, subject to the provisions of the annual estimate of income and expenditure passed under Section 41, be utilized for carrying out the duties or obligation imposed upon the Gram Sabha or the Gram Panchayat or any committee thereof by this or any other enactment;

The Governor shall, as soon as may be, within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992 and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Gram Panchayat, Kshettra Panchayat and Zila Panchayat and to make recommendations to the Governor as to –

– Where a Gram Panchayat or a number of Gram Panchayats which have combined under the provisions of Section 20 or 30 require any land to carry out any purposes of this Act, it or they shall first try to have the land by private negotiation and if the parties concerned fail to arrive at an agreement, such Gram Panchayat or Gram Panchayats may make any application in the prescribed form to the Collector to acquire land and the Collector may acquire such land for such Gram Panchayat nf Gram Panchayats.

– (1) Subject to any special reservation made by the State Government, all public property situated within the jurisdiction of Gram Panchayat shall vest in and belong to the Gram Panchayat and shall, with all other property which may become vested in the Gram Panchayat, be under its direction, management and control.

Where any dispute arises as regards the ownership of any property mentioned in Section 34 between a Gram Panchayat and any person, the Gram Panchayat shall give such person a reasonable opportunity of being heard and then decide whether to treat the said property as the property of the Gram Panchayat.

A 2 Gram Panchayat may borrow money from the State Government or with the prior sanction of the prescribed Authority and subject to such conditions as may be prescribed from any financial corporation established by law or any scheduled bank or the Uttar Pradesh Co-operative Bank or a District Cooperative Bank or from any other Gram Panchayat to carry out any of the purposes of this Act.

(1) A 2 Gram Panchayat shall levy the taxes described in clauses (a) and (b) and may levy all or any of the taxes, fees and rates described in clauses (c), (d), (e), (f), (g), (h), (i), (j), and (k), hereinafter appearing namely :

(1) An appeal against the levy of a tax, rate or fee by the 3 Gram Panchayat shall lie to the prescribed authority. (2) Where it is brought to the notice of the prescribed authority, that a tax, rate or fee has not been imposed on any person on whom it should have been imposed, it may direct the Gram Panchayat to impose it on that person or persons and th Gram Panchayat shall thereupon act accordingly.

All dues on account of the taxes imposed and other sums payable to a Gram Panchayat under this Act shall be recorded as arrears of land revenue if the Gram Panchayat concerned passes a resolution to that effect within three months from the date of assessment; Provided that where a Gram Panchayat fails to pass such a resolution within the said period of three months the prescribed authority shall authorise the recovery of the arrears of taxes as arrears of land revenue.

(1) The State Government may remit the whole or part of any tax, rate or fee levied by a Gram Panchayat in respect of a period whether or after the commencement of U.P. Panchayat Raj (Amendment) Act, 1954.

– The Gram Panchayat shall, as prescribed, arrange for the realization of Panchayat taxes and dues, custody of its funds and maintenance of accounts.

– (1) The expenses of Nyaya Panchayat shall be charged to the Gaon Fund or Gaon Funds of the Gram Panchayat comprised in the circle in such proportion as may be determined by the prescribed authority. (2) All sums realised by way of court-fees or fines in a case tribal under this Act shall be credited to the State Government, but the State Government shall out of the sums so realized pay by way of grant such portion not exceeding fifty per centum as it may fix to the 1 Gram Panchayat concerned for defraying the exepenses of the Nyaya Panchayat.

– The accounts of every Gram Panchayat and Nyayaa Panchayat shall be audited 2 every year in such manner, 3 and on payment of such fee as may be prescribed.

Every Gram Panchayat shall within such period and in such manner as may be prescribed, prepare a statement of the estimated receipts and expenditure of the Gram Panchayat for the financial year commencing on the first day of April next following which shall be passed by the Gram Panchayat by a simple majority of the members present and voting at a meeting of the Gram Panchayat and the quorum for such a meeting shall be more than half of the total number of the members of the Gram Panchayat.

(1) The State Government or the prescribed authority shall divide a district into circles, each circle comprising as many areas subject to the jurisdiction of the Gram Panchayat as may be expedient, and establish Nyaya Panchayat of each such circle;

(1) There shall be appointed by the prescribed authority out of the members of a Gram Panchayat such number of persons, as may be prescribed to the Panches of the Nyaya Panchayat and thereupon the members so appointed shall cease to be member of the Gram Panchayat and their seats in the Gram Panchayat shall be filled, as far as may be in the manner provided in Section 12; 1 Provided that if the requisite number of members of a Gram Panchayat are not available for being Panches of the Nyaya Panchayat, it shall be lawful for the prescribed authority to fill in any seat so remaining vacant by nomination from amongst other members of the Gram Panchayat. (2) No person may be appointed as a Panch of the Nyaya Panchayat unless he has the qualification that may be prescribed; Provided that where suitable person having the prescribed qualifications are not available for such appointment any or all of such qualifications may, by an order in writing, be relaxed by the prescribed authority.

The Panches appointed under Section 43 shall, in the manner and within the period to be prescribed, elect from amongst them two persons who are able to record proceedings, one as the Sarpanch and the other as the Sahayak Sarpanch; Provided that if the Panches fail to elect the Sarpanch or the Sahayak as aforesaid the prescribed authority may appoint the Sarpanch or the Sahayak Sarpanch.

The term of every Panch of a Nyaya Panchayat shall commence on the date of his appointment as such, and unless otherwise determined under the provisions of this Act, shall expire with the Gram Panchayat, from which he was appointed; Provided that Sarpanch and the Sahayak Sarpanch shall continue in office until their respective successors are elected or appointed.

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A Panch, a Sarpanch or Sahayak Sarpach may resign his office as such by writing under his hand addressed to such authority as may be prescribed and his office shall thereupon become vacant.

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(1) The Sarpanch shall form Benches consisting of five Panches each for the disposal of cases and inquiries coming up before the Nyaya Panchayat.

(1) If a vacancy in the office of a Panch arises by reason of his death, removal or resignation it shall, subject to the provisions of Section 45, be filled for the unexpired part of his terms by the prescribed authority by appointing a person from amongst the members for the time being of the Gram Panchayat, and if the Panch vacating the office was also Sarpanch or Sahayak Sarpanch a new Sarpanch or Sahayak Sarpanch, as the case may be, shall be elected in the manner provided in Section 44.

The Sahayak Sarpanch shall exercise such powers of the Sarpanch as may be prescribed.

– (1) Notwithstanding anything contained in the Code of Crminal Procedure, 1973 every criminal case triable by a Nyaya Panchayat shall be instituted before the Sarpanch of the Nyaya Panchayat of the circle in which the offence is committed.

(1) The following offences as well as abetments of and attempts to commit such offices, if committed with the jurisdiction of a Nyaya Panchayat shall be cognizable by such Nyaya Panchayat :

(1) Wherever the Sarpanch of a Nyaya Panchayat has reason to apprehend that any person is likely to commit a breach of peace or disturb public tranquility, he may call upon such person to show cause how he should not execute a bond or an amount not exceeding Rs. 100 with or without sureties for keeping the peace for a period not exceeding 15 days.

(1) No Nyaya Panchayat shall inflict a substantive sentence of imprisonment.

– (1) After a Nyaya Panchayat has been established for any area, no Court except as otherwise provided in this Act shall take cognizance of any case triable by such Nyaya Panchayat.

A Court if it finds that a case is triable by a Nyaya Panchayat, shall, except as provided in sub-section (4) of Section 55 transfer the case to the Nyaya Panchayat of competent jurisdiction which shall thereafter try the same de novo.

A Nyaya Panchayat may dismiss any complaint if after examining the complainant and taking such evidence as he produces it is satisfied that the complaint is frivolous, vexatious or untrue.

If at any time it appears to a Nyaya Panchayat – (a) that it has no jurisdiction to try any case pending before it. (b) that the offence involved is one for which it cannot award adequate punishment, or (c) that the case should other wise be tried by a court; it shall transfer the same to the Court of competent jurisdiction and shall give information of such transfer to the parties concerned.

– No Nyaya Panchayat shall take cognizance of any criminal case against a person where such person (a) has been previously convicted of an offence punishable with imprisonment of either description for a term of three years or more. (b) has been previously fined for theft by any Nyaya Panchayat. (c) has been found over to be of a good behaviour under 1 Sections 109 or 110 of the Code of Criminal Procedure, 1973.

In imposing any fine the Nyaya Panchayat may order any portion or the whole of the fine recovered to be applied – (a) in defraying the expenses properly incurred in the criminal case by the complainant. (b) In the payment to any person of compensation for any material loss or injury caused by the offence, or (c) In compensation any bona fide purchaser of stolen property for loss of the same, where property is re-stored to the possession of the person entitled thereto.

– (1) If any criminal case instituted before a Nyaya Panchayat any person is accused of any offence triable by a Nyaya Panchayat and the Nyaya Panchayat acquits the accused and is of the opinion that the accusation against him was false and either frivolous or vexatious, the Nyaya Panchayat may call upon the complainant forthwith to show cause why he should not pay compensation to such accused. (2) If after hearing the complainant, the Nyaya Panchayat is satisfied that the accusation was false and either frivolous or vexatious, it may direct that compensation not exceeding twenty-five rupees be paid by such complainant to the accused.

The powers under Section 4 of the U.P. First Offenders Probation Act, 1938, may be exercised by a Nyaya Panchayat.

Notwithstanding anything in the Code of Criminal Procedure, 1 1973 a Magistrate may direct and enquiry referred to in Section 202 of the Code to be made by a Nyaya Panchayat in a criminal case in which the offence was committed within the territorial jurisdiction of such Nyaya Panchayat and the Nyaya Panchayat shall enquire into the case and submit its report the said Magistrate. On the receipt of the directions the Sarpanch or Sahayak Sarpanch and in their absence the Panch mentioned in Section 75 shall entrust it to a Bench formed under Section 49.

(1) Subject to the provisions of Section 66 a Nyaya Panchayat may taken cognizance of any civil case of the following description if its value does not exceed one hundred rupees –

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Subject to the provisions of Section 64, a Nyaya Panchayat, shall have no jurisdiction to take cognizance of the following civil cases –

Every civil case instituted before a Nyaya Panchayat shall include the whole of the claim which the plaintiff is entitled to make in respect of the matter in dispute, but he may relinquish any portion of his claim in order to bring the suit within the jurisdiction of the Nyaya Panchayat.

Every civil case instituted before Nyaya Panchayat after the period of limitation prescribed therefor in the Schedule shall be dismissed, even though limitation has not been set up as defence;

The decision of Nyaya Panchayat on the question of the title, legal character contract or obligation shall not bind the parties except in respect of the civil case in which such matter is decided.

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No Nyaya Panchayat shall try any civil case, proceedings or issue in respect of any matter which is pending for decision in or has been heard or decided by a court of competent jurisdiction in a former civil case between the same parties or between the parties under whom they or any of them claim.

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Where a criminal or civil case is maintainable in more than one Nyaya Panchayat the complainant or the plaintiff as the case may be, may bring the criminal or civil case in any one of such Nyaya Panchayats. Any dispute regarding jurisdiction shall be decided by the Judicial Magistrate or Munsif having jurisdiction as the case may be.

Section 10 of the Code of Civil Procedure, 1908, shall apply to trial of 1 * * *civil cases pending before two or more Nyaya Panchayats having jurisdiction.

Where it is uncertain in which of several circles an offence was committed or where an offence was committed partly in one circle and partly in another or where an offence is a continuing one and continues to be committed in more circles than one or where it consists of several acts done in different circles, it may be enquired into by a Nyaya Panchayat, having jurisdiction in any such circle.

Any person who wishes to institute 2 a civil case or a criminal case under this Act before a Nyaya Panchayat may make an application orally or in writing to the Sarpanch and in his absence to the Sahayak Sarpanch of the Nyaya Panchayat or in case of their absence from the circle to such other Panch as may have been appointed by the Sarpanch in this behalf and shall at the same time pay the prescribed fee. The Court Fees Act VII, 1870, shall not apply to Nyaya Panchayats except as may be prescribed. In every civil case the plaintiff shall state its value.

The Sarpanch, Sahayak Sarpanch or in their absence the Panch mentioned in Section 75, shall thereupon lay the application before a Bench of the Nyaya Panchayat formed under Section 49 for disposal and shall also fix a date for the first hearing of the applicatioin before the said bend and give notice of the date of the applicant complainant or plaintiff as the case may be and to the members of the Bench.

The Bench shall choose one of the members to be the Chairman of that Bench who shall conduct the proceedings;

If any Panch appointed to a Bench constituted under Section 49 is absent at any hearing, the remaining Panches may, notwithstanding anything contained in this Act, try the case, provided, however that at least three Panches including the Chairman, are present, and provided further that at least one of the Panches present is able to record evidence and proceedings.

If the plaintiff or the complainants, as the case may be, fails to appear after having been informed of the time and place fixed for hearing, the Nyaya Panchayat may dismiss the case or pass such other order as it may deem fit.

Except as provided in sub-section (2), or to correct a clerical error, a Nyaya Panchayat shall have no power to cancel, revise or alter any decree or order passed by it.

No legal practitioner shall appear plead or act on behalf of any party before a Nyaya Panchayat.

Subject to the provisions of Section 80, any party to a 3 civil case or criminal case may appear before Nyaya Panchayat either in person or by such servant (not bearing a tout), partner, relation or friend duly authorized in writing by him as the Nyaya Panchayat may admit as a fit person to represent him;

Notwithstanding anything contained in this Act or in any other law for the time being in force, it shall be lawful for a Nyaya Panchayat to decide any dispute arising in its local area and not pending in any Court in accordance with any settlement, compromise or oath agreed upon in writing by the parties.

The Nyaya Panchayat shall receive such evidence in a 1 civil case or criminal case as the parties may adduce and may call for such further evidence as, in their opinion, may be necessary for the determination of the points in issue.

In the event of any disagreement between the Panches the opinion of the majority shall prevail.

On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard or on his own motion without such notice the Judicial Magistrate or the Munsif according to the case pending before a Nyaya Panchayat in 2 criminal or civil case may, at any stage, withdraw the same and –

A Nyaya Panchayat may, if considers the evidence of or the production of a document by any person necessary in a civil or criminal case issue and cause, to be served in the prescribed manner, a summons on such person to compel his attendance or to produce or cause the production of such documents, and such person shall be bound to comply with the direction contained in the summons.

If any person who is summoned by a Nyaya Panchayat by a written order to appear to give evidence or to produce any document before it, willfully disobeys such summons or notice or order, the Nyaya Panchayat may make a complaint to the Magistrate having jurisdiction and the said person shall be punishable with fine which may extend to twenty-five rupees;

A Nyaya Panchayat may dismiss any civil 2 * * *case if after examining the plaintiff or the applicant it is satisfied that the civil 2 * * *case is frivolous, vexatious or unture.

A 3 Judicial Magistrate or Munsif according as it is criminal or civil case may either on his own motion or on the application of any party made within 60 days from the date of the order complained of where personal service of summons had not been effected on the application from the date or the knowledge of the order call for the record of any case which has been decided by a Nyaya Panchayat and if it appears to him that injustice or material irregularity has occurred, he may make such order in the case as he thinks fit.

A Nyaya Panchayat after an application is made under Section 75 shall, unless it has been dismissed or otherwise disposed of under the provisions of this Act, cause summons in the prescribed form to be served in the prescribed manner on the defendant or the accused person requiring him to attend and produce his evidence at such time and place as may be stated in the summons and shall at the same time direct the plaintiff or complainant 1 * * * to attend and produce his evidence at such time and place.

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If on the application of the decree-holder or the judgment debtor the Nyaya Panchayat which passed the decree finds after enquiry that the decree has been satisfied wholly or in part, the Nyaya Panchayat shall record the fact in the prescribed register.

A decree or order passed by a Nyaya Panchayat shall be executed by it in such manner as may be prescribed. If the property of the defendant is situated outside the jurisdiction of the Nyaya Panchayat passing the decree or order, it may in the manner prescribed, transfer the decree or order for execution to the Nyaya Panchayat, with in whose jurisdiction the property may situated, and if there be no Nyaya Panchayat then to the court of the 3 Munsif as the case may be within whose jurisdiction it may be situated.

Any fine imposed, or compensation ordered to be paid in Section 61 by a Nyaya Panchayat shall be recoverable in the manner prescribed. But if the Nyaya Panchayat finds any difficulty in its recovery, it may request the Judicial Magistrate within whose jurisdiction the Nyaya Panchayat lies to recover it and he shall recover it as if the sentence of find had been passed by him.

If any person intentionally offer any insult a Nyaya Panchayat or any member thereof, while it is sitting in any stage of judicial proceedings in its or his view or presence or refuses to take oath duly administered or sign a statement made by the said persons when legally required to do so, the Nyaya Panchayat may at any time before rising on the same day take cognizance of the offence and sentence the offender to a fine not exceeding ten rupees.

The State Government may – (a) cause to be inspected an immovable property owned used or occupied by a Gram Panchayat, or a joint committee 1 or a Nyaya Panchayat or any work in progress under the direction of such Gram Panchayat 2 or Joint Committee or a Nyaya Panchayat.

If at any time it appears to the State Government that the Gram Sabha or a Gram 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.

The prescribed authority or any other officer specially empowered in this behalf by the State Government on information received or on his own initiative, may, by order in writing prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment buy a Gram Sabha, Gram Panchayat or a Joint Committee, or any officer or servant thereof it in his opinion such resolution or order is of a nature as to cause or likely to cause obstruction, annoyance or injury to the public or to any class or body of persons lawfully empowered, or danger to human life, health or safety, or riot or affray. It may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order.

The State Government may delegate all or any of its powers under this Act to any officer to authority subordinate to it subject to such conditions and restrictions as it may deem fit to impose.

Whoever contravenes any provisions of this Act 2 except the provisions of Section 12-BCA or Section 12-BCC shall be punishable, unless otherwise prescribed, with fine, which may extend to 3 five hundred rupees and when the breach is a continuing one with a further fine which may extend to 4 fifty rupees for every day after the first conviction during which an offender is proved to have persisted in the offence.

Whoever contravenes any order made under Section 12-BCA or Section 12-BCC, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

In making a rule the State Government, and in making a bye-laws the Gram Panchayat with the sanction of prescribed authority, may direct that a breach of it shall be punishable with fine which may extend to 6 five hundred rupees and when the breach is a continuing one with a further fine which may extend to fifty rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the officence.

Whoever removes displaces or makes an alteration in or otherwise interferes with any pavement, gutter or other material of a public street, or any fence, wall or post thereof, or a lamp post or bracket, direction post, stand post, hydrant, or other such 2 property of the Gram Panchayat without written sanction or other lawful authority shall be punishable with fine which may extend to 3 one thousand rupees.

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

No notice shall be invalid on account of any defect or omission in its form.

Any person aggrieved by an order or direction made by a 5 Gram Panchayat under the Act or under any rule or bye-law may, unless otherwise prescribed, within 30 days from the date of such direction or order, exclusive of the time requisite for obtaining a copy thereof appeal to the prescribed authority which may vary, set aside or confirm the said order or direction and may also award costs to or against the person filing the appeal.

When an appeal has been filed against an order or direction in Section 102 any proceedings to enforce such order or direction and any prosecution for the breach thereof may, by order of the prescribed authority, be suspended pending the decision of the appeal, and if such order or direction is set aside on appeal, disobedience thereof shall not be deemed to be an offence.

Subject to any rule made in this behalf a Gram Panchayat may, either before or after the institution of any case compound an offence against this Act or any rule or bye-law made thereunder on payment of such sum in cash to the Gram Panchayat as may be prescribed.

The Pradhan of the 1 Gram Panchayat and, if authorized in this behalf by the 1 Gram Panchayat, any other member, officer or servant of the Gram Panchayat may enter into or upon any building or land, with or without assistants or workmen, in order to make an inspection or survey or to execute a work which a 1 Gram Panchayat is authorized by this Act or by rules or bye-laws made thereunder, to make or execute, or which it is necessary for a Gram Panchayat for any of the purposes or in pursuance of any of the provisions of this Act or of rules or bye-laws, to make or execute :

No suit or other legal proceedings shall be instituted against a Gram Sabhas or Gram Panchayat or Bhumi Prabankdhak Samiti or against a member or officer or servant thereof or of Nyaya Panchayat or against any person acting under the direction of any of these bodies or persons for anything done or purporting to have been done in official capacity under this Act, until the expiration of 2 months next after notice in writing has been in the case of Gram Sabha or 1 Gram Panchayat, delivered in or left at the office of the Gram Panchayat concerned and in the case of a member, officer or servant of any person acting under his direction or the direction of the Gram Sabha or 1 Gram Panchayat or Nyaya Panchayat delivered to him or left at his office or place of abode, explicity stating the cause of action, the nature of the reliefs sought, the amount of compensation, if any, claimed and the name and place of abode of the intending plaintiff and the plaint shall contain a statement that such notice has been so delivered or left.

(1) The provisions of the Judicial Officer’s Protection Act, 1850 shall apply to the members of the Nyaya Panchayat. (2) No civil case or prosecution shall be entertained in any Court against a 2 Gram Panchayat or any member or officer thereof or any person acting under its or his direction in respect of anything in good faith done or intended to be done under this Act or any rule or bye-law made thereunder.

Except as otherwise provided under this Act, a Gram Sabha, a Gram Panchayat or any committee thereof, shall have power to act, notwithstanding any vacancy in the membership or defect or irregularity in the enrolment of a member thereof, and any proceedings in any Gram Sabha, Gram Panchayat or committee shall be valid notwithstanding that there was any defect or irregularity in the enrolment of any member or that some person, who was not entitled to do so, sat or voted or otherwise took part in the proceedings.

Every police officer shall give immediate information to Gram Panchayat of an offence coming to his knowledge which has been committed against this Act or any rule or bye-law made thereunder and shall assist all members and servants of the Gram Panchayat and Nyaya Panchayat in the exercise of their lawful authority.

If any dispute arises as to the jurisdiction of a Nyaya Panchayat or between two or more Gram Panchayats or between a Gram Panchayat and the 1 Nyaya Panchayat or a Municipality or a Zila Panchayat it shall be referred to the prescribed authority whose decision shall be final and shall not be questioned in any Court of law.

– (1) Notwithstanding anything to the contrary contained in any other provisions of this Act, -

3 (1) The State Government may, by notification in the Gazette make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for –

The prescribed authority may, the when required by the State Government, shall make bye-laws for a Gram Panchayat within its jurisdiction consistent with the Act and the rules made thereunder for the purpose of promoting or maintaining the health, safety and convenience of persons residing within the jurisidiction of a Gram Panchayat and for furtherance of administration Gram Panchayat under this Act.

(1) Subject to the provisions of this Act and the rules made thereunder and the bye-laws, if any, made by the prescribed authority, a Gram Panchayat may frame bye-laws;

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(1) Where a vacancy occurs or any body constituted under this Act by reason of the death,

– (1) One and from the date of commencement of the Uttar Pradesh Panchayat Law (Amendment) Act, 1994 – (a) all property, interest in property and assets, including cash balances, wherever situate, which immediately before such date were vested in the Gaon Sabha shall vest in and be held by the Gram Panchayat for the purposes of this Act; and (b) all rights, liabilities and obligations of the aforesaid Gaon Sabha whether arising out of any contract or otherwise, existing immediately before such date, shall be the rights, liabilities and obligations of the Gram Panchayat.

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

(1) All debts and obligation incurred and all contracts made by or on behalf of the Gram Sabha before the date referred to in sub-section (1) of Section 115 and subsisting on the said date shall be deemed to have been incurred and made by the Gram Panchayat in exercise of the powers conferred on it by this Act and shall continue in operation accordingly.

Notwithstanding anything in this Act, during the period between the commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994 and the constitution of the Gram Panchayat 2 for the first time under this Act as amended by the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994, the Gram Panchayat and its Pradhan, Up-Pradhan and members shall respectively exercise, perform and discharge the powers, functions and duties of the Gram Panchayat and its Pradhan, Up-Pradhan and members and shall be deemed respectively to be the Gram Panchayat and its Pradhan, Up-Pradhan and members.

– (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 effect subject to such adaptations, whether by way of modification, addition or omission, as it may deem to be necessary and expedient.