Objectives of the Gram Panchayat Act
Salient Features
73rd and 74th Amendment
What is the extent of the Act?
Section1
Extends to whole of Uttar Pradesh
Except
The area which has been or may be declared as:
Cantonment Area under the Cantonments Act, 1924.
City under UP Maha Nagarpalika Adhiniyam, 1959.
Notified under Municipality Act, 1916.
Town Area under Town Area Act, 1914.
Important definitions
Bhumi Prabandhak Samiti
Village
Public street
Public property
Panchayat Area
Gram Sabha
Gram Panchayat
Chapter II
Gram Sabha
Section 3
The State Government shall by notification
Establish a Gram Sabha for a village or group of villages by such
name as specified
If it is established for a group of villages then
The name of the village with the highest population will be specified
Disqualification for Membership of Gram Panchayat
Section 5-A
A person shall be disqualified from being chosen as or being a
member if:
If he is disqualified under any law for purposes of election to state
legislature. But not disqualified on the grounds that less then 25yrs if
he is more than 21 yrs
If he is a salaried servant of the Gram Panchayat
Holds office of profit under State, central Govt or Body, Board or
Corporation under it, Except Gram Panchayat.
Has been dismissed from the service of State Govt or Central Govt for
misconduct. 5yrs
Is in arrears of tax, fee, rate or other dues payable by him to Gram
Panchayat, Kshetra Panchayat or Zila Panchayat for such period or
may be prescribed. Or has, in spite of being required by the Gram
Panchayat, Zila Panchayat, Kshetra Panchayat, Nyay Panchayat, has
failed to deliver any Property or record which he had come in
possession by the virtue of office.
5 yrs disqualification in the following:
Is an undischarged solvent.
Has been convicted of an offence involving moral turpitude.
Has been sentenced for more than 3 months under Essential
Commodities Act, 1955.
Has been sentenced for more than 6 months under Essential Supplies
Act
Has been sentenced for more than 3 months under UP Excise Act,
1910.
Has been convicted under NDPS Act
Ha been convicted of an election offence
Has been convicted of an offence under the U.P. Removal of Social
Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955;
Has been removed under 95(1)(g)(iii) or (iv)
Cessation of Membership
Section 6
A member of Gram Panchayat shall cease to be such member
If entry relating to that member is deleted from the electoral roll of
territorial constituency of Gram Panchayat.
When he ceases to be member, he shall cease to hold any office to
which he might have been appointed by reason of his membership.
Section 6-A: Decision on disqualification: If such question arises, it
shall be referred to the prescribed authority. Subject to appeal, it shall
be final.
Electoral Roll for each Constituency
Section 9
By Whom Prepared
For each territorial constituency of a Gram Panchayat and electoral
roll will be prepared under this Act under sup, direction and control
of SEC.
The Mukya Nirvachan Adhikari (Panchayat) will supervise the
preparation, revision and correction of the roll as per this Act.
The roll shall be prepared and published in the prescribed manner.
Who can get registered in roll?
Any person who has attained 18 yrs on the first day of Jan of the year
in which the roll is being revised and is ordinarily a resident of the
constitutency.
Who is ordinarily resident?
A person shall not be ordinarily resident only because he owns or
possesses some house therein
A person temporarily absenting himself from a constitutency doesn’t
cease
A MP/MLA doesn’t cease if he is absent due to his duties
Any other factor prescribed by the rules.
The question shall be decided with reference to all facts and
circumstances.
Disqualification from registration in Electoral Roll
Is not a citizen of India
Is of unsound mind and has been so declared by a competent court
Is disqualified from voting due to corrupt practice or any other
offence in connection with elections.
If any person becomes disqualified to become a member of the Gram
Panchayat, his name will be struck off from the roll.
If the disqualification is removed, then will be re-added.
Not in more than one constituency
Not more than once in the same roll
If his name is in any roll pertaining to any city, town, municipality,
cantonment, then not allowed.
Correction of Electoral Roll
Suo-motu or on application
ERO or AERO is satisfied that any entry should be added, deleted or
corrected then he shall do it
But not after last date of nomination for gram panchayat election and
till the completion of the election.
If change affects his interests adversely, he shall be heard.
Revision of Electoral Roll
The State EC, if it considers necessary for any election
It may direct special revision
Till the revision is complete, the existing one will apply.
Rules by State EC
The State EC may by order make rules, till the state doesn’t
Date and period of operation of Electoral Roll
Correction of entry on application
Correction of clerical errors
Inclusion in the electoral roll of person whose name is there in the State
Assembly electoral roll and his name isn't here or is wrongly mentioned
in some other constituency or who is otherwise qualified
Meetings and Functions
Section 11
Thee Gram Sabha shall conduct two general meetings every year
One soon after the harvest of the rabi crops
Another soon after the harvest of the kharif crops
The meeting shall be headed by the Gram Pradhan of the concerned
Gram Panchayat
The Gram pradhan on the requisition of the 1/5 th members or the
prescribed authority shall call the meeting within 30 days of receipt of
the requisition. The time and place of the meeting shall be published
ij the prescribed manner.
If the Gram Pradhan fails to do so, then the meeting may be called by
the prescribed authority.
The quorum of meeting shall be 1/5th of the members.
Functions of Gram Sabha
The Gram Sabha shall consider the following matters and may make
recommendations to the Gram Panchayat
The annual statement of account
The last audit note and replies
The report of administration
The report wrt to development programs in the last year and the
development plans of the current financial year of the gram panchayat
The promotion of unity and harmony amongst all sections of society
Programs of adult education in the village
Other prescribed matters
The gram panchayat shall give due consideration to the
recommendations made by the gram sabha
Other functions
Mobilizing voluntary labour and contribution for community welfare
programs
Identification of beneficiaries for implementation of development
schemes
Rendering assistance for implementation of development schemes
