The U.P.

Panchayat Raj Act, 1947

(As amended up to date)
UP204

Passed by the United Provinces Legislative Assembly on

June 5, 1947 and by the United Provincial Legislative
Council on September 16,1947
(Received the assent of the Governor-General of the
Dominion of India on December 7, 1947, under Section
76 of the Government of India Act, 1935 and published
in the U.P. Government Gazette, dated December 27,
1947.)
An Act to establish and develop Local Self-Government
in the rural areas of Uttar Pradesh.
Preamble - Whereas it is expedient to establish and
develop Local Self-Government in the rural areas of
Uttar Pradesh and to make better provisions for village
administration and development.
It is hereby enacted as follows :-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (i) This Act
may be called the U.P. Panchayat Raj Act, 1947.
 (ii) It shall extend to the whole of Uttar Pradesh
except the area which has been or may hereafter be
declared as, or included in, [a city under the Uttar
Pradesh [Municipal Corporation Act, 1959], or a
Municipality or Notified Area under the provisions
of the U.P. Municipalities Act, 1916, or as a
Cantonment under the provisions of the
Cantonments Act, 1924, or as a [Nagar
Panchayat] under the provisions of the [U.P. Town
Areas Act, 1914] ].
[* * *]
(iii) It shall come into force at once.
2. Definitions - In this Act, unless there is an anything
repugnant in the subject or context: -
[***]
(b) "Adult" means a person who has attained the age
of twenty-one years;
[(bb) "Backward classes" means the backward classes
of citizens specified in Schedule-1 of the Uttar
Pradesh Public Service (Reservation for Scheduled
Castes, Scheduled Tribes and other Backward
Classes) Act, 1994];
[***]
(e) "Collector" or 'District Magistrate' or 'Sub-
Divisional Magistrate' with reference to a [Gram
Sabha], means the Collector District Magistrate or
Sub-Divisional Magistrate of the district or the
 subdivision, as the case may be, in which
such [Gram Sabha] is constituted; [and shall
respectively include Additional Collector, Additional
District Magistrate and Additional Sub-Divisional
Magistrate];
[(ee) "Electoral Registration Officer" means an officer
designated or nominated as such by the State
Election Commission in consultation with the State
Government for preparing and revising the electoral
rolls in a district;
(eee) "Assistant Electoral Registration Officer" means
a person appointed as such by the Electoral
Registration officer for one or more Panchayat
areas,]
[(f) "Zila Panchayat" shall have the meaning assigned
to it under Clause (11) of Section 2 of the Uttar
Pradesh Kshettra Panchayats and Zila Panchayats
Adhiniyam, 1961;
(g) "Gram Sabha" means a body established under
Section 3, consisting of persons registered in the
electoral rolls relating to a village comprised within
the area of a Gram Panchayat;
(h) "Gram Panchayat" means the Gram
Panchayat [constituted] under Section 12;]
[(hh) "Finance Commission" means the Finance
Commission constituted under Article 243-1 of the
Constitution;
 (hhh) "Kshettra Panchayat" shall have the meaning
assigned to it under Clause (6) of Section 2 of the
Uttar Pradesh Kshettra Panchayats and Zila
Panchayats Adhiniyam, 1961.]
(i) [* * *]
(j) [omitted]
[***]
[(kk) "State Election Commission" means the State
Election Commission referred to in Article 243-K of
the Constitution];
[(kkk) "Mukhya Nirvachan Adhikari (Panchayat)"
means an Officer of the State Government
appointed, designated or nominated as such by the
State Election Commission in consultation with the
State Government];
(l) "Population" means the population as ascertained
at the last preceding census of which the relevant
figures have been published;
[(ll) "Panchayat area" means the territorial area of a
Gram Panchayat declared as such under sub-section
(1) of Section 11-F];
(m) [* * *]
(mm) "Public Property" and "Public Land" means any
public building, park or garden or other place to
which for the time being the public have or are
 permitted to have access whether on payment or
otherwise;
(n) "Public Servant" means public servant as defined
in Section 21 of the Indian Penal Code, 1860;
(o) "Public Street" means any road, street, bridge,
lane, square, court, alley or passage which the
public has right to pass along and includes on either
side the drains or gutters and the land up to the
defined boundaries of any abutting property,
notwithstanding any projection over such land or
any verandah or other superstructure but does not
include any such road, street, bridge, lane, square,
court, alley or passage owned, maintained or
repaired by the State Government or any other local
authority;
(p) "Prescribed" means prescribed by this Act or rules
made thereunder;
[(q) "Prescribed Authority" means -
(i) for the purposes of the provisions of this Act
mentioned in Schedule III of the [Uttar Pradesh
Kshettra Panchayats and Zila Panchayats
Adhiniyam, 1961], the [Zila Panchayats] or
the [Kshettra Panchayats], as may be specified in
column 3 of that Schedule; and
(ii) in respect of any other provisions of this Act,
the authority notified as such by the State
 Government whether generally or for any
particular purpose;]
[***]
(s) "Civil Case" means a civil suit triable by a Nyaya
Panchayat;
[(ss) "Sub-Divisional Officer" includes an Additional
Sub-Divisional Officer designated or appointed as
such by the appropriate authority];
(t) "Village" means any local area, recorded as a
village in the revenue records of the district in which
it is situate, and includes any area which the State
Government may, by general or special order,
declare to be a village for the purposes of this Act;
(u) [* * *]
(v) [* * *]
(w) [* * *]
(x) ["Bhumi Prabandhak Samiti" means a Bhumi
Prabandhak Samiti established or deemed to be
established under Section 28-A]
CHAPTER II
Establishment And Constitution Of [Gram Sabhas]
[3. Gram Sabha. - The State Government shall, by
notification in the Official Gazette, establish a Gram
Sabha for a village or group of villages by such name as
may be specified:
Provided that where a Gram Sabha is established for a
group of villages, the name of the village having the
largest population shall be specified as the name of the
Gram Sabha.]
4. [* * *]
5. [* * *]
[CHAPTER II-A
Disqualifications Of Members Of Gram Panchayat And
Electoral Rolls, Etc.]
[5A. Disqualification for membership. - A person shall
be disqualified for being chosen as, and for being, [the
Pradhan or] a member of a Gram Panchayat, if he -
(a) is so disqualified by or under any law for the time
being in force for the purposes of elections to the
State Legislature:
Provided that no person shall be disqualified on the
ground that he is less than twenty-five years of age, if
he has attained the age of twenty-one years;
(b) is a salaried servant of the Gram Panchayat [***];
(c) holds any office of profit under a State
Government or the Central Government or a [local
authority, other than a Gram Panchayat [***]; or a
Board, Body or Corporation owned or controlled by
a State Government or the Central Government;]
(d) has been dismissed from the service of State
Government, the Central Government or a local
authority [***] for misconduct;
(e) is in arrears of any tax, fee, rate or any other dues
payable by him to the Gram Panchayat, Kshettra
Panchayat or Zila Panchayat for such period as may
be prescribed, or has, in spite of being required to
do so by the Gram Panchayat, Nyaya Panchayat,
Kshettra Panchayat or Zila Panchayat failed to
deliver to it any record or property belonging to it
which had come into his possession by virtue of his
holding any office under it;
(f) is an undischarged insolvent;
(g) has been convicted of an offence involving moral
turpitude;
(h) has been sentenced to imprisonment for a term
exceeding three months for contravention of any
order made under the Essential Commodities Act,
1955;
(i) has beep sentenced to imprisonment for a term
exceeding six months or to transportation for
contravention of any order made under the
Essential Supplies (Temporary Powers) Act, 1946 or
the U.P. Control of Supplies (Temporary Powers)
Act, 1947;
 (j) has been sentenced to imprisonment for a term
exceeding three months under the U.P. Excise Act,
1910;
(k) has been convicted of an offence under the
Narcotic Drugs and Psychotropic Substances Act,
1985;
(l) has been convicted of an election offence;
(m) has been convicted of an offence under the U.P.
Removal of Social Disabilities Act, 1947 or the
Protection of Civil Rights Act, 1955; or
(n) has been, removed from office under sub-clause
(iii) or (iv) of clause (g) of sub-section (1) of Section
95 unless such period, as has been provided in that
behalf in the said section or such lesser period as the
State Government may have ordered in any
particular case, has elapsed:
Provided that the period of disqualification under
clauses (d), (f), (g), (h), (i), (j), (k), (l) or (m) shall be five
years from such date as may be prescribed: Provided
further that the disqualification under clause (e) shall
cease upon payment of arrears or delivery of the
record or property, as the case may be:
Provided also that a disqualification under any of the
clauses referred to in the first proviso may, in the
manner prescribed, be removed by the State
Government.]
5B [* * *]
6. Cessation of Membership. - (1) A [member of a
Gram Panchayat] shall cease to be such member if the
entry relating to that member is deleted from the
electoral [roll for a territorial constituency of Gram
Panchayat].
(2) Where any person ceases to be a member of
a [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.
[6A. Decision on question as to disqualification - 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.]
7. [* * *]
8. Effect of change in population or inclusion of the
area of a [Gram Panchayat] in Municipalities, etc. - If
the whole of the area of [Gram Panchayat] is included
in a city, municipality, cantonment, notified area,
or [Nagar Panchayat] the [Gram Panchayat] shall cease,
and its assets and liabilities shall be disposed of in the
manner prescribed. If a part of such area is so included,
its Jurisdiction shall be reduced by that part.
[9. Electoral roll for each territorial constituency. - (1)
For each territorial constituency of a Gram Panchayat,
an electoral roll shall be prepared, in accordance with
the provisions of this Act [and the rules made
thereunder] under the superintendence, direction and
control of the State Election Commission.]
[(1A) Subject to the superintendence, direction and
control of the State Election Commission, the Mukhya
Nirvachan Adhikari (Panchayat) shall supervise and
perform all functions relating to the preparation,
revision and correction of the electoral rolls in the
State in accordance with this Act and the rules made
thereunder.
(1B) The preparation, revision and correction of the
electoral rolls shall be done by such persons, and in
such manner, as may be prescribed.]
(2) The electoral roll referred to in sub-section (1) shall
be published in the prescribed manner and upon its
publication it shall, subject to any alteration, addition
or modification made [in accordance with this Act and
the rules made thereunder] be the electoral roll for
that territorial constituency prepared in accordance
with the provisions of this Act.
(3) Subject to the provisions of sub-sections (4), (5), (6)
and (7) every person who has attained the age of 18
years on the first day of January of the year in which
the electoral roll is prepared or revised and who is
ordinarily resident in the territorial constituency of a
Gram Panchayat shall be entitled to be registered in
the electoral roll for that territorial constituency.
Explanation. -
(i) A person shall be deemed to be ordinarily resident
in the territorial constituency on the ground only
that he owns, or is in possession of, a dwelling house
therein.
(ii) A person absenting himself temporarily from his
place of ordinary residence shall not by reason
thereof cease to be ordinarily resident therein.
(iii) A member of Parliament or of the Legislature of
the State shall not, during the term of his office,
cease to be ordinarily resident in the territorial
constituency merely by reason of his absence from
that area in connection with his duties as such
member.
(iv) Any other factor that may be prescribed shall be
taken into consideration for deciding as to what
persons may or may not be deemed to be ordinarily
residents of a particular area at any relevant time.
(v) If in any case a question arises as to where a
person is ordinarily resident at any relevant time,
the question shall be determined with reference to
all the facts of the case.
(4) A person shall be disqualified for registration in an
electoral roll, if he -
(a) is not a citizen of India; or
(b) is of unsound mind and stands so declared by a
competent court; or
 (c) is for the time being disqualified from voting under
the provisions of any law relating to corrupt
practices and other offences in connection with
elections.
(5) The name of any person who becomes disqualified
under sub-section (4) after registration shall forthwith
be struck off the electoral roll in which it is included;
Provided that the name of any person struck off the
electoral roll by reason of any such disqualification
shall forthwith be reinstated in that roll, if such
disqualification is, during the period such roll is in
force, removed under any law authorising such
removal.
(6) No person shall be entitled to be registered in the
electoral roll for more than one territorial constituency
or more than once in the electoral roll for the same
territorial constituency.
(7) No person shall be entitled to be registered in the
electoral roll for any territorial constituency if his name
is entered in any electoral roll pertaining to any city
municipality or cantonment unless he shows that his
name has been struck off such electoral roll.
(8) Where the [Electoral Registration officer or
Assistant Electoral Registration Officer] is satisfied after
making such inquiry as it may deem fit, whether on an
application made to it or on its own motion, that any
entry in the electoral roll should be corrected or
deleted or that the name of any person entitled to get
registered should be added in the electoral roll, it shall,
subject to the provisions of this Act and rules and
orders made thereunder, correct, delete or add the
entry, as the case may be:
Provided that no such correction, deletion or addition
shall be made after the last date for making
nominations for an election in the Gram Panchayat and
before the completion of that election:
Provided further that no deletion or correction of any
entry in respect of any person affecting his interest
adversely shall be made without giving him reasonable
opportunity of being heard in respect of the action
proposed to be taken in relation to him.
(9) The State Election Commission may, if it thinks it
necessary so to do for the purposes of a general or by-
election, direct a special revision of the electoral roll
for any territorial constituency of a Gram Panchayat in
such a manner as it may think fit:
Provided that subject to the other provisions of this
Act, the electoral roll for territorial constituency, as in
force at the time of issue of any such direction, shall
continue to be in force until the completion of the
special revision so directed.
(10) [In so far as provision is not made by this Act or
the rules, the State Election Commission] may, by
order, make provisions in respect of the following
matters concerning the electoral roll, namely, -
(a) the date on which the electoral roll prepared
under this Act shall come into force and its period of
operation;
(b) the correction of any existing entry in the electoral
roll on the application of the elector concerned;
(c) the correction of clerical or printing errors in
electoral roll;
(d) the inclusion in the electoral roll of the name of
any person -
(i) whose name is included in the Assembly
electoral roll for the area relatable to the
territorial constituency but is not included in the
electoral roll for that territorial constituency or
whose name has been wrongly included in the
electoral roll for some other territorial
constituency, or
(ii) whose name is not so included in the Assembly
electoral roll but who is otherwise qualified to be
registered in the electoral roll for the territorial
constituency?
(e) the custody and preservation of the electoral roll;
(f) fees payable on applications for inclusion or
exclusion of names;
(g) generally all matters relating to the preparations
and publications of the electoral roll.
(11) Notwithstanding anything contained in the
foregoing sub-sections, the State Election Commission
may, for the purposes of preparation of the electoral
roll for a territorial constituency adopt the electoral roll
for the Assembly Constituency prepared under the
Representation of the People Act, 1950 for the time
being in force so far as it relates to the area of that
territorial constituency:
Provided that the electoral roll for such territorial
constituency shall not include any amendment,
alteration or correction made after the last date for
making nomination for the election of such
constituency and before the completion of such
election.
(12) No Civil Court shall have jurisdiction -
(a) to entertain or adjudicate upon the question
whether any person is or is not entitled to be
registered in an electoral roll for a territorial
constituency; or
(b) to question the legality of any action taken by or
under the authority of the State Election
Commission [or of any decision given by any
authority or Officer appointed in this behalf] in
respect of preparation and publication of elected
rolls.
9A. Right to vote, etc. - 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 constituency [of a Gram Panchayat] shall be
entitled to vote at any election and be eligible for
election, nomination or appointment to any office in
that Gram Panchayat [***] :
Provided that a person who has not completed the age
of twenty-one years shall not be qualified to be elected
as a member or office-bearer of the Gram Panchayat.
10. Removal of difficulty in the establishment
of [Gram Sabha] and in the working of a [Gram
Panchayat] - If, in establishing a [Gram Sabha] or in the
working of a [Gram Panchayat] , any dispute or
difficulty arises regarding the interpretation of any
provision 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.
CHAPTER III
The [Gram Sabha]: Its Meetings And Functions
11. [Meetings and functions of the Gram Sabha.] - (1)
Every [Gram Sabha] shall hold two general meetings 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
by the Pradhan of the concerned Gram Panchayat]:
Provided that the Pradhan at any time may, or upon a
requisition in writing by the prescribed authority or by
not less than one-fifth of the number of the members
shall, within 30 days from the receipt of such
requisition, call an extraordinary general meeting. The
time and place of all the meetings of the [Gram
Sabha] shall be published in the prescribed manner:
Provided further that where the Pradhan fails to call a
meeting as aforesaid, the prescribed authority may do
so within a period to be prescribed.
(2) For any meeting of the [Gram Sabha] one-fifth of
the number of members shall form the quorum;
provided that no quorum shall be necessary for a
meeting adjourned for want of quorum.
[(3) The Gram Sabha shall consider the following
matters and may make recommendations and
suggestions to the Gram Panchayat, -
(a) the annual statement of accounts of the Gram
Panchayat, the report of administration of the
preceding financial year and the last audit note and
replies, if any, made thereto;
(b) the report in respect of development programmes
of the Gram Panchayat relating to the preceding
year and the development programmes proposed
to be undertaken during the current financial year;
(c) the promotion of unity and harmony among all
sections of society in the village;
 (d) programmes of adult education within the village;
(e) such other matters as may be prescribed.
(4) The Gram Panchayat shall give due consideration to
the recommendations and suggestions of the Gram
Sabha.
(5) The Gram Sabha shall perform the following
functions namely, -
(a) Mobilising voluntary labour and contributions for
the community welfare programmes;
(b) Identification of beneficiaries for the
implementation of development schemes
pertaining to the village;
(c) Rendering assistance in the implementation of
development schemes pertaining to the village.]
[CHAPTER III-A]
Gram Panchayats
[11A. Pradhan [* * *] of Gram Panchayat. - [(1) 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:
Provided that the number of offices of Pradhan
reserved for the Scheduled Tribes and the backward
classes in the State shall bear, as nearly as may be, the
same proportion to the total number of such offices as
the population of the Scheduled Castes in the State or
of the Scheduled Tribes in the State or the Backward
Classes in the State bears to the total population of the
State:
Provided further that the reservation for the Backward
Classes shall not exceed twenty-seven per cent of the
total number of offices of Pradhans:
[Provided also that if the figures of population of the
Backward Classes are not available, their population
may be determined by carrying out a survey in the
prescribed manner.]
(3) Not less than one-third of the total number of
offices of Pradhans reserved under sub-section (2) shall
be reserved for women belonging to the Scheduled
Castes, Scheduled Tribes and the Backward Classes.
(4) Not less than one-third of the total number of
offices of Pradhans, including the number of offices of
Pradhan reserved under sub-section (3), shall be
reserved for women.
(5) The offices of the Pradhans reserved under this
section shall be allotted by rotation to different Gram
Panchayats in such order as may be prescribed.
(6) The reservation of the offices of Pradhans for the
Scheduled Castes and the Scheduled Tribes under this
section shall cease to have effect on the expiration of
the period specified in Article 334 of the Constitution.
Explanation - It is clarified that nothing in this section
shall prevent persons belonging to the Scheduled
Castes, the Scheduled Tribes, the Backward Classes and
the women from contesting election to unreserved
seats.]
[Uttarakhand] Amendment
[In the first proviso of sub-section (2) of Section 11-A of
the Principal Act for the words "twenty seven", the
word "fourteen" shall be substituted.]
[ 2. Amendment of sub-section (3) and (4) of Section
11-A. - In Section 11-A of the United Provinces
Panchayat Raj Act, 1947 (as amended from time to
time and as applicable to the State of Uttarakhand)
hereinafter referred to as the principal Act) -
"In place of words 'not less then one-third' occurring in
sub-section (3) and (4), the word 'not less than one-
half shall be substituted."].
[11B. Election of Pradhan. - (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 Panchayat, the
Pradhan is not elected, and less than two-thirds of the
total member of Gram Panchayat are elected, the State
Government or an officer authorised by it in this behalf
may, by order, either appointor -
(i) An Administrative Committee consisting of such
number of persons qualified to be elected as
 members of the Gram Panchayat, as it may consider
proper, or
(ii) An Administrator.
(3) The members of the Administrative Committee of
the Administrator shall hold office for such period not
exceeding six months as the State Government may-
specify in the order referred to in sub-section (2).
(4) On the appointment of an Administrative
Committee or an Administrator under sub-section (2),
the person, if any, chosen as Pradhan or member of
the Gram Panchayat before such appointment shall
cease to be such Pradhan or member, as the case may
be, and all powers, functions and duties of the Gram
Panchayat, its Pradhan and Committees shall vest in,
and be exercised, performed and discharged by such
Administrative Committee or the Administrator, as the
case may be.
(5) The Administrative Committee or the Administrator
shall be deemed to be duly constituted Gram
Panchayat for the purposes of this Act:
Provided that if at any time after the appointment of
the Administrative Committee or the Administrator
under sub-section (2) the State Government is satisfied
that there is no difficulty in duly constituting the Gram
Panchayat, the State Government may,
notwithstanding that the period for which the
Administrative Committee or the Administrator had
been appointed has not expired, direct the State
Election Commission for holding the elections for
constituting the Gram Panchayat.
(6) Except as otherwise provided in this Act, the term
of office of Pradhan shall be coterminous with the term
of the 'Gram Panchayat'].
11C. [* * *]
[(3) [* * *]].
[11D. Prohibition of holding certain offices
simultaneously. - No person shall simultaneously -
(a) be the Pradhan of a Gram Panchayat [***] , or
(b) be a member of a Gram Panchayat for more than
one territorial constituency, or
(c) be a member of a Gram Panchayat [***], or
(d) hold any office in more than one Gram
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.]
11E. Further bar on holding two offices
simultaneously. - (1) A person shall be disqualified for
being elected to or holding the office of Pradhan or
member of Gram Panchayat [***], if he is -
(a) member of Parliament or State Legislature, or
[(b) member, Pramukh or Up-Pramukh of a Kshettra
Panchayat; or
(c) member, Adhyaksha or Up-Adhyaksha of a Zila
Panchayat; or]
 (d) Adhyaksha or Up-Adhyaksha of any co-operative
society.
(2) A person shall cease to hold the office of Pradhan or
member of the Gram Panchayat [***] , as the case may
be, if subsequently, he is elected to any of the offices
mentioned in Clauses (a) to (d) of sub-section (1) with
effect from the date of such subsequent election and a
casual vacancy shall thereupon occur in the office of
such Pradhan or member or Panch, as the case may be.
[(3) Notwithstanding anything in this Act, if in the first
elections held after the commencement of the Uttar
Pradesh Panchayat Laws (Amendment) Act, 1994 to
constitute Panchayats at the village, khand and district
levels, a person is chosen member of Panchayats at
two or more levels, he shall submit his resignation
from all but one of these seats within sixty days of the
date of the declaration of the results of elections, or if
the declaration of the results of elections in respect of
the Panchayat at the said two or more levels has been
made on different dates, within sixty days of the last of
such dates and in the event of failure to so resign seats
in all the Panchayats except the seat in the highest
level amongst the Panchayats to which he has been
elected shall be deemed vacant.]
[11F. Declaration of Panchayat area. - (1) The State
Government may, by notification, declare any area
comprising a village or 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 :
Provided that for the purposes of declaration of a
Panchayat area no revenue village or any hamlet
thereof shall be divided :
[Provided further that in the hill districts of Nainital,
Almora, Pithoragarh, Tehri, Pauri, Dehradun, Chamoli
or Uttarkashi, the State Government may declare the
area of a Gaon Sabha established under Section 3 of
this Act as it stood before the commencement of the
Uttar Pradesh Panchayat Laws (Amendment) Act, 1994,
to be a Panchayat area though such area may have a
population of less than one thousand.]
(2) The State Government may, on the request of the
Gram Panchayat concerned or otherwise, and after
previous publication of the proposal, by notification at
any time -
(a) modify the area of any Panchayat area by including
therein or excluding therefrom any area of a village
or group of villages;
(b) alter the name of the Panchayat area; or
(c) declare that any area shall cease to be a Panchayat
area.]
[Uttarakhand] Amendment
[11F. Declaration of Panchayat Area. - (1) For the
purposes of this Act the State Government may by
notification declare any area comprising a village or
group of villages, having, so far as practicable, a
population of 300 in hill area and 1000 in plain area to
be a Panchayat area for the purpose of this Act by such
name as may be specified:
Provided that the population shall not exceed 1000 in
hill area and 5000 in plain area of the State as far as
practicable:
Further provided that for the purpose of declaration of
Panchayat area no revenue village or any hamlet
thereof shall be divided:
Also provided that if it is not practicably possible to
follow the above provisions then the State
Government may relax the aforesaid restrictions by
order in the specific and unavoidable circumstances.
(2) The State Government may, on the request of the
Gram Panchayat concerned or otherwise, and after
previous publication of the proposal, by notification at
any time-
(a) modify the area of any Panchayat area by including
therein or excluding therefrom any area of a village
or group of villages;
(d) alter the name of the Panchayat area; or
(c) declare that any area shall cease to be a Panchayat
area.]
[12. Gram Panchayat. - (1)(a) There shall
be [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 -
(i) [upto one thousand] nine members;
(ii) more than one thousand but not more than
two thousand, eleven members;
(iii) more than two thousand but not more than
three thousand, thirteen members, or
(iv) more than three thousand, fifteen members.
(d) For the purpose of election of members of Gram
Panchayat every Panchayat area shall be divided
into territorial constituencies in such manner that
the ratio between the population of each
constituency and the number of seats allotted to it
shall, so far as practicable, be the same throughout
the Panchayat area.
(e) Each territorial constituency of a Gram Panchayat
shall be represented by one member in the Gram
Panchayat.
[(f) The territorial constituencies of a Gram Panchayat
may be delimitated in the prescribed manner and, if
necessary, rules in this regard may be made with
retrospective effect from a date not earlier than the
date of commencement of the Uttar Pradesh
Panchayat Laws (Amendment) Act, 1994.]
[(2) * * *]
(3) (a) A Gram Panchayat shall, unless sooner dissolved
under Clause (f) of sub-section (1) of Section 95,
continue for five years from the date appointed for its
first meeting and no longer.
(b) An election to constitute a Gram Panchayat shall
be completed -
(i) before the expiry of its duration specified in
Clause (a);
(ii) before the expiration of a period of six months
from the date of its dissolution;
Provided that where the remainder of the period for
which the dissolved Gram Panchayat would have
continued is less than six months, it shall not be
necessary to hold any election under this sub-section
for constituting the Gram Panchayat.
(c) A Gram Panchayat constituted upon the
dissolution of a Gram Panchayat before the
expiration of its duration shall continue only for the
remainder of the period for which the dissolved
Gram Panchayat would have continued under
Clause (a) had it not been so dissolved.
(d) The constitution of a Gram Panchayat shall be
notified in such manner as may be prescribed and
thereupon the Gram Panchayat shall be deemed to
have been duly constituted, any vacancy therein not
withstanding:
Provided that the constitution of a Gram Panchayat
shall not be so notified till the Pradhan and at least
two-thirds of the members of the Gram Panchayat
have been elected.
[(3A) Notwithstanding anything contained in any other
provisions of this Act, where due to unavoidable
circumstances or in public interest, it is not practicable
to hold an election to constitute a Gram Panchayat
before the expiry of its duration, the State Government
or an officer authorised by it in this behalf may, by
order, appoint an Administrative Committee consisting
of such number of persons qualified to be elected as
members of the Gram Panchayat, as it may consider
proper or an Administrator and the members of the
Administrative Committee or the Administrator shall
hold office for such period not exceeding six months as
may be specified in the said order and all powers,
functions and duties of the Gram Panchayat, its
Pradhan and Committees shall vest in and be
excercised, performed and discharged by such
Administrative Committee or the Administrator, as the
case may be.]
(4) The term of a member of Gram Panchayat shall,
unless otherwise determined under the provisions of
this Act, expire with the term of the Gram Panchayat.
(5) (a) In every Gram Panchayat, seats shall be reserved
for 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 in the Gram Panchayat, as
the population of the Scheduled Castes in the
Panchayat area or of the Scheduled Tribes in the
Panchayat area or of the Backward Classes in the
Panchayat area bears to the total population of such
area and such seats may be allotted by rotation to
different territorial constituencies in a Gram Panchayat
in such order as may be prescribed:
Provided that the reservation for the backward classes
shall not exceed twenty-seven percent of the total
number of seats in the Gram Panchayat:
[Provided further that if the figures of population of
the backward classes are not available, their
population may be determined by carrying out a survey
in the prescribed manner.]
(b) Not less than one-third of the seats reserved
under Clause (a) shall be reserved for the women
belonging respectively to the Scheduled Castes, the
Scheduled Tribes and the Backward Classes.
(c) Not less than one-third of the total number of
seats in the Gram Panchayat, including the number
of seats reserved for women under Clause (b), shall
be reserved for women and such seats may be
allotted by rotation to different territorial
constituencies in a Gram Panchayat in such order as
may be prescribed.
 (d) The reservation of seats for the Scheduled Castes
and the Scheduled Tribes shall cease to have effect
on the expiration of the period specified in Article
334 of the Constitution.
Explanation. - It is clarified that nothing in this section
shall prevent the persons belonging to the Scheduled
Castes, the Scheduled Tribes and the Backward Classes
and the women from contesting election to unreserved
seats.
(6) The Pradhan shall be deemed to be a member of
the Gram Panchayat.]
[Uttarakhand] Amendment
1. [12(1)(c). A Gram Panchayat shall consist of a
Pradhan and in the case of a Panchayat area having a
population of:
(1) Upto five hundred, five members;
(2) more than five hundred but not more than one
thousand, seven members;
(3) more than one thousand but not more than two
thousand, nine members, or
(4) more than two thousand but not more than three
thousand, eleven members.
(5) more than three thousand but not more than five
thousand, thirteen members.
(6) more than five thousand, fifteen members.]
[2. In Section 12 of U.P. Panchayat Raj Adhiniyam, 1947
(U.P. Act No. 26 of 1947), subsection (3-A) shall be
amended namely, -
"(3A). Notwithstanding anything contained in any other
provisions of this Act, where due to unavoidable
circumstances or in public interest, it is not practicable
to hold an election to constitute a Gram Panchayat,
Kshettra Panchayat and Zila Panchayat before the
expiry of its duration and extended term of six months,
the State Government or an officer authorised by it in
this behalf may, by order, appoint, an Administrator,
who shall hold office for such period not exceeding six
months as may be specified in the said order and all
powers, functions and duties of Gram Panchayat,
Kshettra Panchayat and Zila Panchayat respectively, its
Pradhan, Pramukh and Adhyaksh and Committees shall
vest in and be exercised, performed and discharged by
such Administrator.]"
[In the first proviso of clause (a) of sub-section (5) of
Section 12 of the Principal Act for the words "twenty
seven", the word "fourteen" shall be substituted.]
[3. Amendment of clause (b) and (c) of sub-section (5)
of Section 12. - In Section 12 of the principal Act -
"In place of words 'not less than one-third' occurring in
clause (b) and (c) of subsection (5), the word 'not less
than one-half shall be substituted."].
12A. Manner of election. - The election to the office of
a Pradhan or [* * *] [* * *] or a member of a [Gram
Panchayat] shall be held by secret ballot in the manner
prescribed.
[12AA. Allowances to Pradhan, [* * *] and members.
- (1) The Pradhan and [* * *] 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 [* * *] shall receive such allowances as
may be prescribed.]
[12B. Meetings of Gram Panchayats. - (1) A Gram
Panchayat shall ordinarily meet for the transaction of
business at least once every month but two months
shall not intervene between two consecutive meetings
:
Provided that the date to be appointed for the first
meeting of a Gram Panchayat, shall be within thirty
days from the date of its constitution.
(2) The meetings of the Gram Panchayat shall be held
at such place and in such manner as may be
prescribed.]
Uttarakhand Amendment
[2. Substitution of Section 12-B. - In the United
Provinces Panchayat Raj Act, 1947 (as applicable to the
State of Uttarakhand), instead of present Section 12-B,
the following section shall be substituted, namely :-
"12B. (1) A Gram Panchayat shall ordinarily meet for
the transaction of business at least once in every
month but there shall not be a gap of two months
between two consecutive meetings:
Provided that the date to be fixed for the first meeting
of Gram Panchayat shall be ' within thirty days from
the date of its constitution.
(2) The meetings of the Gram Panchayat shall be held
at such place and in such manner, as may be
prescribed."].
[12BB. Superintendence, etc. of the election. - (1) The
superintendence, direction and control of the conduct
of the election to the office of Pradhan, [* * *] or a
member of a Gram Panchayat shall be vested in the
State Election Commission.]
[(2) Subject to the superintendence, direction and
control of the State Election Commission, the Mukhya
Nirvachan Adhikari (Panchayat) shall supervise and
perform all functions relating to the conduct of the
election to the office of Pradhan, [* * *] or a member
of a Gram Panchayat in the State.]
[(3) The State Government shall, in consultation with
the State Election Commission, by notification, appoint
the date or dates for general election or bye-election
of the Pradhan, [* * *] or members of a Gram
Panchayat.]
[12BC. Other provisions relating to holding of
elections. - [(1) Subject to the supervision and control
of the State Election Commission, the District
Magistrate shall supervise the conduct of all elections
of the Pradhans, the [* * *] and the members of Gram
Panchayats 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 any other officer appointed by the District
Magistrate as Nirvachan Adhikari such staff as may be
necessary for the performance of any duties in
connection with such election.
(3) [The State Election Commission] may likewise
require all or any of the local authorities and the
managements of all or any of such institutions as
aforesaid in the State to make available to any other
officer referred to in subsection (2) such staff as may
be necessary for the performance of any duties in
connection with such election, and they shall comply
with every such requisition.
(4) Where any employees of any local authority or
institution referred to in sub-section (2) or sub-section
(3) is appointed to perform any duty in connection with
such elections he shall be bound to perform such duty.]
[12BCA. Requisitioning of premises, vehicles, etc. for
election purposes. - (1) If it appears to the District
Magistrate that in connection with an election under
this Act to be held within the district -
(a) any premises are needed or are likely to be needed
for the purposes of being used as a polling place or
for the storage of ballot boxes after a poll has been
taken, or
 (b) any vehicle, vessel or animal is needed or is likely
to be needed for the purpose of transport of ballot
boxes to or from any place, or transport of members
of the police force for maintaining order during the
conduct of such election, or transport of any officer
or other person for performances of any duties in
connection with such election, he may, by order in
writing, requisition such premises, or such vehicle,
vessel or animal, as the case may be, and may make
such further orders as may appear to it to be
necessary or expedient in connection with the
requisitioning:
Provided that no vehicle, vessel or animal which is
being lawfully used by a candidate or his agent for any
purpose connected with the election of such candidate
shall be requisitioned under this sub-section until the
completion of the poll at such election.
(2) The requisition shall be affected by an order in
writing addressed to the person deemed by the District
Magistrate to be the owner or person in possession of
the property, and such order shall be served in the
prescribed manner on the person to whom it is
addressed.
(3) Whenever any property is requisitioned under sub-
section (1), the period of such requisition shall not
extend beyond the period for which such property is
required for any of the purposes mentioned in that
sub-section.
(4) In this section -
(a) "premises" means any land, building or part of a
building and includes a hut, shed or other structure
or any part thereof;
(b) "vehicle" means any vehicle used or capable of
being used for the purpose of road transport,
whether propelled by mechanical power or
otherwise.
12BCB. Payment of compensation. - (1) 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:
(i) the rent payable in respect of the premises or if no
rent is so payable, the rent payable for similar
premises in the locality;
(ii) if in consequence of the requisition of the
premises the person interested is compelled to
change his residence or place of business, the
reasonable expenses (if any) incidental to such
change:
Provided that where any person interested being
aggrieved by the amount of compensation so
determined makes an application within the prescribed
time to the District Magistrate for referring the matter
to an arbitrator, the amount of compensation to be
paid shall be such as the arbitrator appointed in this
behalf by the District Magistrate may determine:
Provided further that where there is any dispute as to
the title to receive the compensation or as to the
apportionment of the amount of compensation it shall
be referred by the District Magistrate to an arbitrator
appointed in this behalf by him for determination and
shall be determined in accordance with the decision of
such arbitrator.
Explanation. - In this sub-section, the expression
'person interested' means the person who was in
actual possession of the premises requisitioned under
Section 12-BCA immediately before the requisition, or
where no person was in such actual possession, the
owner of such premises.
(2) Whenever in pursuance of Section 12-BCA the
District Magistrate requisitions an}' vehicle, vessel or
animal, there shall be paid to the owner thereof
compensation the amount of which shall be
determined by the District Magistrate on the basis of
the fares or rates prevailing in the locality for the hire
of such vehicle, vessel or animal:
Provided that whether the owner of such vehicle,
vessel or animal being aggrieved by the amount of
compensation so determined makes an application
within the prescribed time to the District Magistrate
for referring the matter to an arbitrator, the amount of
compensation to be paid shall be such as the arbitrator
appointed in this behalf by the District Magistrate may
determine:
Provided further that where immediately before the
requisitioning, the vehicle or vessel was by virtue of a
hire-purchase agreement in the possession of a person
other than the owner, the amount determined under
this sub-section as total compensation payable in
respect of the requisition shall be apportioned
between that person and the owner in such manner as
they may agree upon, and in default of agreement, in
such manner as an arbitrator appointed by the District
Magistrate in this behalf may decide.
12BCC. Power to obtain information. - 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.
12BCD. Powers of entry into and inspection of
premises etc. - (1) Any person authorised 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 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 the Section 12-
BCA.
12BCE. Eviction from requisitioned premises. - (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
bolts or break open any door of any building or do any
other act necessary for effecting such eviction.
12BCF. Release of premises from requisition. - (1)
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 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 the due process of law to enforce against the
person to whom possession of the premises is so
delivered.
(2) Where the,person to whom possession of any
premises requisitioned under Section 12-BCA is to be
given under sub-section (1) cannot be found or is not
readily ascertainable or has no agent or any other
person empowered to accept delivery on his behalf,
the District Magistrate shall cause a notice declaring
that such premises are released from requisition to be
affixed on some conspicuous part of such premises and
publish the notice in the Official Gazette.
(3) When a notice referred to in sub-section (2) is
published in the Official Gazette, the premises
specified in such notice shall cease to be subject to
requisition on and from the date of such publication
and be deemed to have been delivered to the person
entitled to possession thereof and the District
Magistrate shall not be liable for any compensation or
other claim in respect of such premises for any period
after the said date.]
[12BD. Breaches of official duty in connection with
elections. - (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.
(2) An offence punishable under sub-section (1) shall
be cognizable.
(3) No suit or other legal proceedings shall lie against
any other person for damages in respect of any such
act or omission as aforesaid.
(4) The persons to whom this section applies are the
Nirvachan Adhikaris, Sahayak Nirvachan Adhikaris,
Matdan Adhyakashas, Matdan Adhikaris and any other
person appointed to perform any duty in connection
with the receipt of nomination or withdrawal of
candidature or the recording or counting of votes at an
election, and the expression 'official duty' shall for the
purpose of this section be construed accordingly, but
shall not include duties imposed otherwise than by or
under this Act.]
12C. Application for questioning the elections. - (1)
The election of a person as Pradhan [* * *] or as
member of a Gram Panchayat [***] 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 -
(a) the election has not been a free election by reason
that the corrupt practice of bribery or undue
influence has extensively prevailed at the election,
or
(b) that the result of the election has been materially
affected -
 (i) by the improper acceptance or rejection of any
nomination; or
(ii) by gross failure to comply with the provisions
of this Act or the rules framed thereunder.
(2) The following shall be deemed to be corrupt
practices of bribery or undue influence for the
purposes of this Act -
(A) Bribery, that is to say, any gift, offer or promise by a
candidate or by any other person with the connivance
of a candidate of any gratification to any person
whomsoever, with the object, directly or indirectly of
inducing -
(a) a person to stand or not to stand as, or withdraw
from being a candidate at any election; or
(b) an elector to vote or refrain from voting at an
election; or as a reward to -
(i) a person for having so stood or not stood or
having withdrawn his candidature; or
(ii) an elector for having voted or refrained from
voting.
(B) Undue influence, that is to say, any direct or
indirect interference or attempt to interfere on the
part of a candidate or of any other person with the
connivance of the candidate with the free exercise of
any electoral right:
Provided that without prejudice to the generality of
the provisions of this clause any such person as is
referred to therein who -
(i) threatens any candidate, or any elector, or any
person in whom a candidate or any elector is
interested, with injury of any kind including social
ostracism and ex-communication or expulsion from
any cast or community; or
(ii) induces or attempts to induce a candidate or an
elector to believe that he or any person in whom he
is interested will become or will be rendered an
object of divine displeasure or spiritual censure,
shall be deemed to interfere with the free exercise
of the electoral right of such candidate or elector
within the meaning of this clause.
(3) The application under sub-section (1) may be
presented by any candidate at the election or any
elector and shall contain such particulars as may be
prescribed.
Explanation. - Any person, who filed a nomination
paper at the election whether such nomination paper
was accepted or rejected, shall be deemed to be a
candidate at the election.
(4) The authority to whom the application under sub-
section (1) is made shall, in the matter of -
(i) hearing of the application and the procedure to be
followed at such hearing.
 (ii) setting aside the election, or declaring the election
to be void or declaring the applicant to be duly
elected or any other relief that may be granted to
the petitioner, have such powers and authority as
may be prescribed.
(5) Without prejudice to the generality of the powers
to be prescribed under sub-section (4) the rules may
provide for summary hearing and disposal of an
application under sub-section (1).
[(6) Any party aggrieved by an order of the prescribed
authority upon an application under sub-section (1)
may, within thirty days from the date of the order,
apply to the District Judge, for revision of such order
on any one or more of the following grounds, namely :-
(a) that the prescribed authority has exercised a
jurisdiction not vested in it by law;
(b) that the prescribed authority has failed to execute
a jurisdiction so vested;
(c) that the prescribed authority has acted in the
exercise of its jurisdiction illegally or with material
irregularity.
(7) The District Judge may dispose of the application
for revision himself or may assign it for disposal to any
Additional District Judge, Civil Judge or Additional Civil
Judge under his administrative control and may recall it
from any such officer or transfer it to any other such
officer.
 (8) The revising authority mentioned in sub-section (7)
shall follow such procedure as may be prescribed, and
may confirm, vary or rescind the order of the
prescribed authority or remand the case to the
prescribed authority for re-hearing and pending its
decision pass such interim orders as may appear to it
to be just and convenient.
(9) The decision of the prescribed authority, subject to
any order passed by the revising authority under this
section, and every decision of the revising authority
passed under the section, shall be final.]
[12D. ***]
LD LAW 6
12E. Oath of office. - (1) [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.
(2) Any member who declines or otherwise refuses to
make and subscribe such oath or affirmation as
aforesaid shall be deemed to have vacated the office
forthwith.
12F. Resignation. - A Pradhan, [* * *] or a member of
a [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.
12G. [* * *].
 [12H. Casual Vacancy. - If a vacancy in the office of the
Pradhan, [* * *] 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 term in the manner, as far as may be,
provided in Sections 11-B, 11-C or 12, as the case may
be:
Provided that if on the date of occurrence of such
vacancy the residue of the term of the Gram Panchayat
is less than six months, the vacancy shall not be filled.]
12I. Jurisdiction of Civil Courts in election matters
barred. - No Civil Court shall have jurisdiction to
question the 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.
LD LAW 6
12J. Temporary arrangement in certain cases. - Where
the office of Pradhan is vacant by reason of death,
removal, resignation or otherwise or where the
Pradhan incapable to act by reason of absence, illness
or for any reason whatsoever, the prescribed authority
shall nominate a member of the Gram Panchayat, to
discharge the duties and exercise the powers of
Pradhan until such vanancy in the office of the Pradhan
is filled in, or until such incapacity of Pradhan is
removed.]
12K. [* * *]
13. [* * *]
[14. Removal of Pradhan.] - [(1) The Gram Sabha may
at a meeting specially convened for the purpose and of
which at least 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.
(1A) Notwithstanding anything contained in Section 11,
one-third of the members of the Gram Sabha shall
form the quorum for a meeting under subsection (1).]
(2) A meeting for the removal of a Pradhan shall not be
convened within [two years] of his election.
(3) If the motion is not taken up for want of quorum or
fails for lack of requisite majority at the meeting, no
subsequent meeting for the removal of the same
Pradhan shall be convened within [one year] of the
date of the previous meeting.
(4) Subject to the provisions of this section, the
procedure for the removal of a Pradhan including that
to be followed at such meeting, shall be such as may
be prescribed.
14A. Punishment for failure to hand over records etc.
- [(1) If any person on ceasing to act as Pradhan of a
Gram Panchayat wilfully fails in spite of being required
to do so by the prescribed authority, to handover all
records, money or other property of Gram Panchayat
to his successor or to a any person authorised in the
behalf by the prescribed authority, he shall be
punishable imprisonment which may extend to three
years or with fine or with both.]
(2) Without prejudice to the provisions of sub-section
(1), any such money may on a certificate issued in that
behalf by the prescribed authority be recovered as
arrears of land revenue.
14B. [* * *]
CHAPTER IV
Powers, Duties, Functions And Administration
Of [Gram Panchayat]
[15. Functions of Gram Panchayat. - Subject to such
conditions as may be specified by the State
Government, from time to time, a Gram Panchayat
shall perform the following functions, namely, -
(i) Agriculture including agricultural extension:
(a) Promotion and development of agriculture and
horticulture.
(b) Development of wastelands and grazing lands
and preventing their unauthorised alienation
and use.
(ii) Land development, land reform implementation,
land consolidation and soil conservation:
 (a) Assisting the Government and other agencies
in land development, land reform and soil
conservation.
(b) Assisting in land consolidation.
(iii) Minor irrigation, water management and
watershed development:
(a) Managing and assisting in water distribution
from minor irrigation projects.
(b) Construction, repair and maintenance of minor
irrigation projects, regulation of supply of water
for irrigation purpose.
(iv) Animal husbandry, dairying and poultry:
(a) Improving breed of cattle, poultry, and other
livestock.
(b) Promotion of dairying, poultry, piggery, etc.
(v) Fisheries:
Development of fisheries in the villages.
(vi) Social and farm forestry:
(a) Planting and preserving trees on the sides of
roads and public lands.
(b) Development and promotion of social and
farm forestry and sericulture.
(vii) Minor forest produce:
Promotion and development of minor forest
produce.
(vii) Small industries:
(a) Assisting the development of small industries.
(b) Promotion of local trades.
(ix) Cottage and village industries:
(a) Assisting in the development of agricultural
and commercial industries.
(b) Promotion of cottage industries.
(x) Rural housing:
(a) Implementation of rural housing programmes.
(b) Distributing house-sites and maintenance of
records relating to
(xi) Drinking water:
Construction, repair and maintenance of public
wells, tanks and ponds for supply of water for
drinking, washing, bathing purposes and
regulation of sources of water supply for
drinking purposes.
(xii) Fuel and fodder land:
(a) Development of grass and plants relating to
fuel and fodder land.
(b) Control on irregular transfer of fodder-land.
(xiii) Roads, culverts, bridges, ferries, water-ways and
other means of communication:
(a) Construction and maintenance of village roads,
bridges, ferries and culverts.
 (b) Maintenance of water ways.
(c) Removal of encroachment on public places.
(xiv) Rural electrification:
Provision for and maintenance of lighting of public
streets and other places.
(xv) Non-conventional energy source:
Promotion and development of programmes of
non-conventional energy source and its
maintenance in villages.
(xvi) Poverty alleviation programmes:
Promotion and implementation of poverty
alleviation programmes.
(xvii) Education including primary and secondary
schools:
Public awareness about education.
(xviii) Technical training and vocational education:
Promotion of rural art artisans.
(xix) Adult and informal education:
Promotion of adult literacy.
(xx) Library:
Establishment and maintenance of libraries and
reading rooms.
(xxi) Sports and cultural affairs:
(a) Promotion of social and cultural activities.
 (b) Organising cultural seminars on different
festivals.
(c) Establishment and maintenance of rural clubs
for sports.
(xxii) Markets and fairs:
Regulation of melas, markets and hats in
Panchayat areas.
(xxiii) Medical and sanitation:
(a) Promoting rural sanitation.
(b) Prevention against epidemics.
(c) Programmes of human and animal vaccination.
(d) Preventive actions against stray cattle and live-
stock.
(e) Registering births, deaths, and marriages.
(xxiv) Family welfare:
Promotion and implementation of family welfare
programmes.
(xxv) Plan for economic development:
Preparation of plan for economic development of
the area of the Gram Panchayat.
(xxvi) Maternity and child development:
(a) Participation in the implementation of women
and child welfare programmes at Gram
Panchayat level.
 (b) Promoting child health and nutrition
programmes.
(xxvii) Social welfare including welfare of the
handicapped and mentally retarded:
(a) Assisting in old age and widow pension
schemes.
(b) Participation in the social welfare programmes
including welfare of the handicapped and the
mentally retarded.
(xxviii) Welfare of the weaker sections and in
particular of the Scheduled Castes and the
Scheduled Tribes:
(a) Participation in the implementation of the
specific programmes for the Scheduled Castes,
the Scheduled Tribes and other weaker sections
of the society.
(b) Preparation and implementation of schemes
for social justice.
(xxix) Public distribution system: .
(a) Promotion of public awareness with regard to
the distribution of essential commodities.
(b) Monitoring the public distribution system.
(xxx) Maintenance of community assets:
Preservation and maintenance of community
assets.]
[15A. Preparation of plan. - A Gram Panchayat shall
prepare every year a development plan 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.
16. Functions that may be assigned to Gram
Panchayats. - The State Government may, by
notification, and subject to such conditions as may be
specified therein, assign to Gram Panchayats any or all
of the following functions, namely :-
(a) management and maintenance of a forest situated
in the Panchayat area;
(b) management of wastelands, pasture lands or
vacant lands belonging to the Government situated
within the Panchayat area;
(c) collection of any tax or land revenue and
maintenance of related records.]
16A. Power to make contributions for organisations,
etc., outside jurisdiction - A [Gram Panchayat] may
contribute such amounts for such organisations,
institutions and functions outside the jurisdiction of
the [Gram Panchayat] as the State Government may by
general or special order permit.
17. Powers of [Gram Panchayats] as to public streets,
waterways and other matters. - A [Gram
Panchayat] shall have control of all 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 [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 -
(a) construct new bridges and culverts;
(b) divert, discontinue or close any public street,
culvert or bridge;
(c) widen, open, enlarge or otherwise improve any
public street,culvert or bridge with minimum
damage to the neighbouring fields;
(d) deepen or otherwise improve water-ways;
(e) with the sanction of the prescribed authority and
where a canal exists under the Northern India Canal
arid Drainage Act, 1873, with the sanction also of
such officer of the Irrigation Department as the
State Government may prescribe, undertake small
irrigation projects in addition to those specified by
order under clause (u) of Section 15;
(f) cut any hedge or branch of any tree projecting on
a public street;
(g) notify the setting apart of any public watercourse
for drinking or culinary purposes, and prohibit
bathing, washing of clothes and animals or doing of
other acts likely to pollute the course so set apart:
Provided that nothing shall be done under clause (g)
which may affect a canal governed by the Northern
India Canal and Drainage Act, 1873, without the prior
permission of the authority prescribed by the State
Government in this behalf.
18. Improvement of sanitation. - For the improvement
of sanitation, a [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 -
(a) to close, remove, alter, repair, cleanse, disinfect or
put in good order any latrine, urinal, water-closet,
drain, cesspool or other receptacle for filth, sullage-
water, rubbish or refuse pertaining to such land or
building or to remove or alter any door or trap or
construct any drain for any such latrine, urinal or
water-closet which opens on to a street or drain or
to shut off such latrine, urinal or water-closet by a
sufficient roof and wall or fence from the view of
persons passing by or dwelling in the
neighbourhood;
(b) to cleanse, repair, cover, fill up, drain off, deepen,
or to remove water from a private well, tank,
reservoir, pool, pit, depression or excavation
therein which may appear to the [Gram
Panchayat] to be injurious to health or offensive to
the neighbourhood;
 (c) to close off any vegetation, undergrowth, prickly
pear or scrub-jungle;
(d) to remove any dirt, dung, night-soil, manure or any
noxious or offensive matter therefrom and to
cleanse the land or building:
Provided that a person on whom a notice under clause
(b) is served may within 30 days of the receipt of notice
appeal to the District Medical Officer of Health against
the said notice who may vary, set aside, or confirm it.
19. Maintenance and improvement of Schools and
Hospitals. - (1) A [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 of the systems of
medicine mentioned above.
(2) The [Zila Panchayat] and the State Government
shall make such grants for such schools, hospitals or
dispensary as may be prescribed.
19A. [* * *]
20. Establishment of primary school, hospital,
dispensary, road or bridge for a group of [Gram
Panchayats]. - Where a group of neighbouring [Gram
Panchayats] had no primary school or Ayurvedic,
Homeopathic 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
construct and maintain such a road or bridge, and it
shall be managed and financed in the manner
prescribed. The State Government and the [Zila
Panchayat] shall make such grants for such School,
hospital, dispensary, road or bridge as may be
prescribed.
21. Assistance to Government servants. - 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.
22. Representations and recommendation by [Gram
Panchayat] - 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 chowkidar)
or Mukhia serving in any area within the jurisdiction
of such [Gram Panchayat]
23. Power to enquire and report about the
misconduct of certain officials. - 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 chowkidar), patwari, Patrol and Tube-well
operator of the Irrigation Department, forest-guard,
forest chowkidar, teacher of a primary school,
poundkeeper, village stockman or peon of any
Government Department, such Panchayat may, if there
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]
24. Power to contract for collection of taxes and other
dues for proprietors. - A [Gram Panchayat] may, as
prescribed and in respect of any area within its
jurisdiction enter into a contract -
 (a) with the State Government or any local authority
to collect any taxes or dues payable to State or to
such local authority upon payment of such
collection charges as may be prescribed; or
(b) with the State Government or any local authority
for carrying out any work on such terms as may be
agreed upon.
[25. Staff. - (1) Notwithstanding anything contained in
any other provisions of this Act, any Uttar Pradesh Act,
rules, regulations, or bye-laws or in any judgment,
decree or order of any court, -
(a) the State Government may, by general or special
order, transfer any employee or class of employees
serving in connection with the affairs of the State to
serve under Gram Panchayats with such designation
as may be specified in the order and thereupon
posting of such employee or employees in Gram
Panchayats of a district shall be. made by such
authority in such a manner as may be notified by the
State Government;
(b) the employee or employees on being so
transferred and posted in a Gram Panchayat, shall
serve under the supervision and control of the Gram
Panchayat on the same terms and conditions and
with the same rights and privileges as to retirement
benefits and other matters including promotion as
would have been applicable to him immediately
 before such transfer and shall perform such duties
as may be specified from time to time by the State
Government.
(2) Subject to the provisions of sub-section (1), a Gram
Panchayat may, after prior approval of the prescribed
authority, appoint from time to time such employees
as may be considered necessary for efficient discharge
of its functions under this Act in accordance with such
procedure as may be prescribed:
Provided that the Gram Panchayat shall not create any
post except with the previous approval of the
prescribed authority.
(3) The Gram Panchayat shall have power to impose
punishment of any description upon the employees
appointed under sub-section (2) subject to such
conditions and restrictions and in accordance with such
procedure as may be prescribed.
(4) The Gram Panchayat may delegate to the Pradhan
or to any of its Committees, subject to such conditions
and restrictions as may be prescribed, the power to
impose any minor punishment upon the employees
appointed under sub-section (2).
(5) An appeal from an order imposing any punishment
on an employee under sub-section (3) shall lie to such
officer or committee as may be specified by the State
Government by notification.
(6) The prescribed authority may, subject to such
conditions as may be prescribed, transfer any
employee referred to in clause (b) of sub-section (1)
from one Gram Panchayat to any other Gram
Panchayat within the same district and the State
Government or such other officer as may be
empowered in this behalf by the State Government
may similarly transfer any such employee from one
district to another.
[***]
(8) Appeal shall lie from an order of the prescribed
authority punishing, suspending, discharging or
dismissing a person under sub-section (7) to an
authority appointed in this behalf by the State
Government.]
[25A. Secretary. - 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, [and the
Gram Sabhas concerned] 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.]
26. Right of individual members. - A member of
a [Gram Panchayat] may at any meeting, move any
resolution and put question to the Pradhan and [* *
*] on matters connected with the administration of
the [Gram Panchayat] in the manner prescribed.
27. Surcharge. - (1) Every Pradhan or [* * *] of a [Gram
Panchayat], every member of a [Gram Panchayat] or of
a Joint Committee or any other committee constituted
under this Act [shall be liable to surcharge for the loss,
waste or misapplication of money or property
belonging to the Gram Panchayat, if such loss, waste or
misapplication is direct consequence of his neglect or
misconduct while he was such Pradhan or Member]
Provided that such liability shall cease to exist after the
expiration of ten years from the occurrence of such
loss, waste or misapplication, or five years from the
date on which the person liable ceases to hold his
office, whichever is later.
(2) The prescribed authority shall fix the amount of the
surcharge according to the procedure that may be
prescribed and shall certify the amount to the collector
who shall, on being satisfied that the amount is due,
realise it as if it were an arrear of land revenue.
(3) Any person aggrieved by the order of the
prescribed authority fixing the amount of surcharge
may, within thirty days of such order, appeal against
the order of the State Government or such other
appellate authority as may be prescribed.
(4) Where no proceeding for fixation and realisation of
surcharge as specified in sub-section (2) is taken the
State Government may institute suit for compensation
for such loss, waste or misapplication, against the
person liable for the same.
28. Members and servants to be public servants.
- Every member or servant of [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.
28A. Bhumi Prabandhak Samiti. - (1) The [Gram
Panchayat] [* * *] shall also be the Bhumi Prabandhak
Samiti and as such discharge the duties of upkeep,
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, or under any other
provision of that Act.
[(2) The Pradhan shall be the Chairperson of the Bhumi
Prabandhak Samiti and the Lekhpal of the area
comprised in the jurisdiction of the Gram Panchayat
shall be its Secretary].
28B. Functions of the Bhumi Prabandhak Samiti. - (1)
The Bhumi Prabandhak Samiti,shall for and on behalf
of the [Gram Panchayat] be charged with the general
management and control of all property referred to in
Section 28-A including -
(a) the settling and management of land but not
including the transfer of any property for the time
being vested in the [Gram Panchayat] under Section
117 of the Uttar Pradesh Zamindari Abolition and
 Land Reforms Act, 1950, or under any other
provision of that Act;
(b) the preservation, maintenance and development
of forests and trees;
(c) the maintenance and development of abadi sites
and village communications;
(d) the management and development of hats, bazars
and melas;
(e) the maintenance and development of fisheries
and tanks;
(f) the rendering of assistance in the consolidation of
holdings;
(g) the conduct and prosecution of suits and
proceedings by or against the [Gram
Panchayat] relating to or arising out of the functions
of Samiti;
(h) the performance of functions specifically assigned
to the Bhumi Prabandhak Samiti under the U.P.
Zamindari Abolition and Land Reforms Act, 1950 or
any other enactment; and
(i) any other matter relating to such management,
preservation and control as may be prescribed;
and may exercise all powers of the [Gram
Panchayat] necessary for or incidental to the discharge
of such duties.
(2) The Bhumi Prabandhak Samiti shall function subject
to the provisions of the U.P. Zamindari Abolition and
Land Reforms Act, 1950.
28C. Members and officers not to acquire interest in
contracts, etc., with Bhumi Prabandhak Samiti. - (1)
No member or 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:
Provided that a person shall not be deemed to acquire
or attempt to acquire or continue to have or stipulate
for or agree to receive any share or interest in any
contract or employment by reason only of his -
(a) having acquired any interest before he became a
member or office bearer;
(b) having a share in a joint stock company which
makes the contract; and
(c) having a share or interest in the occasional sale
through the Samiti concerned of an article in which
he regularly trades up to a value not exceeding Rs.
50 in any one year.
(2) No Court or other authority shall enforce at the
instance of any person a claim based upon a
transaction in contravention of the provisions of
subsection (1).
[29. Committees. - (1) 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.
(2) Every committee constituted under sub-section (1)
shall consist of a Chairman and six other members,
who shall be elected by the members oi the Gram
Panchayat from amongst themselves in the prescribed
manner:
Provided that in each such committee there shall be
atleast one woman member, one member belonging to
the Scheduled Castes or the Scheduled Tribes and one
member belonging to Backward Classes:
Provided further that the State Government may, by
notification, direct that the Pradhan or [* * *] or any
other member of Gram Panchayat shall be the
Chairman of any such committee.]
[Uttarakhand] Amendment
[Section 29 of the Principal Act shall be amended as
follows namely:
(1) The words "six other members" of sub-section (2)
of Section 29 of the Principal Act shall be substituted
by the words "four other members".
The following proviso shall be inserted:
"Provided further that the State Government may
designate any Government Servant as co-secretary to a
committee related to any particular subject"
(2) After sub-section (2) a new sub-section (3) shall be
inserted as follows, namely:
"(3) The State Government may, if and when so
required, constitute a sub-committee for a particular
subject to assist the main committee by notification".]
30. Joint Committee. - (1) Subject to such rules as may
be prescribed, two or more [Gram Panchayats] may
combine by means 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 -
(a) delegate to such Committee power, with such
conditions as they may think proper to impose, to
frame any scheme binding on each [Gram
Panchayat] as to the construction and maintenance
of any joint work and as to the power which may be
exercised by any such [Gram Panchayat] in relation
to such scheme; and
(b) frame or modify rules regarding the continuation
of such committee and the term of office of
 members thereof and the method of conducting
proceedings and correspondence.
(2) If any difference of opinion arises between
the [Gram Panchayat] acting under this section, it shall
be referred to the prescribed authority whose decision
thereon shall be final.
(3) Where the Prescribed Authority so directs, two or
more [Gram Panchayats] shall appoint a joint
committee under this section for the joint discharge of
any of the functions specified in Sections 15 and 16.
31. Delegation. - [* * *]
CHAPTER V
Acquisition Of Land, Gaon Fund And Property
32. Gaon Fund - (1) There shall be a [Gaon Fund for
each Gram Panchayat] and the same shall, subject to
the provisions of the annual estimate of income and
expenditure passed under Section 41, be utilised for
carrying out the duties or obligations imposed upon
the [Gram Sabha] or the [Gram Panchayat] or any
committee thereof by this or any other enactment:
Provided that such amount upto the total of all sums
credited to the Gaon Fund under the Uttar Pradesh
Zamindari Abolition and Land Reforms Act, 1950,
minus the amount credited to the Consolidated Gaon
Fund under Section 125-A of that Act as may be
required by the Bhumi Prabandhak Samiti for being
utilised in carrying out its duties or obligations shall be
made available out of Gaon Fund to the Bhumi
Prabandhak Samiti every year:
Provided further that in the event of any difference
between the Bhumi Prabandhak Samiti on the one
hand and the [Gram Panchayat] or [Gram Sabha] on
the other about the requirements of funds by the
Bhumi Prabandhak Samiti the matter shall be referred
by the Pradhan to the prescribed authority whose
decision shall be binding.
(2) The following shall be credited to the Gaon Fund:
(a) The proceeds of any tax imposed under this Act.
(b) All sums handed over by the State Government to
the [Gram Panchayat],
(c) The balance, if any, standing to the credit of the
village Panchayat previously in existence under the
Village Panchayat Act.
(d) All sums ordered by a Court [or required under any
law] to be placed to the credit of the Gaon Fund.
(e) All sums received under Section 104.
(f) The sale proceeds of all dust, dirt, dung or refuse
including the dead bodies of animals collected by
the servants of the [Gram Panchayat].
(g) Such portion of th6 rent or other proceeds of nazul
property as the State Government may direct to be
placed to the credit of the Gaon Fund.
 (h) Sums contributed to the Gaon Fund by any [Zila
Panchayat] or other local authority.
(i) All sums received by way of loan or gift.
(j) Such other sums as may be assigned to the Gaon
Fund by any special or general order of the State
Government.
(k) All sums received by the [Gram Panchayat] from
any individual or corporation or the State
Government under Section 24 or any other law.
[(l) All sums received by way of grants-in-aid from the
Consolidated Fund of the State.]
(3) Nothing in this Act shall affect any obligation of
a [Gram Panchayat] arising from a trust legally imposed
upon or accepted by it.
[(4) All withdrawal of moneys from the Gaon Fund and
disbursement thereof shall be made jointly by the
Pradhan and the Secretary of the Gram Panchayat.]
[32A. Finance Commission. - (1) 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 -
(a) the principles which should govern -
 (i) the distribution between the State and the
Gram Panchayats, Kshettra Panchayats and Zila
Panchayats of the net proceeds of the taxes,
duties, tolls and fees leviable by the State which
may be divided between them and the allocation
between the Gram Panchayats, Kshettra
Panchayats and Zila Panchayats of their
respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and
fees which may be assigned to, or appropriated
by the Gram Panchayats, Kshettra Panchayats
and Zila Panchayats;
(iii) the grants-in-aid to the Gram Panchayats,
Kshettra Panchayats and Zila Panchayats;
(b) the measures needed to improve the financial
position of the Gram Panchayats, Kshettra
Panchayats and Zila Panchayats.
(c) any other matter referred to the Finance
Commission by the Governor in the interest of
sound finance of the Gram Panchayats, Kshettra
Panchayats and Zila Panchayats.
(2) The Finance Commission shall consist of a Chairman
and two members who shall possess such
qualifications and shall be selected in such manner as
may be prescribed.
(3) The Finance Commission shall determine their
procedure.
(4) The Chairman or a member of the Finance
Commission may resign his office by writing under his
hand addressed to the Governor but shall continue in
his office till the resignation is accepted.
(5) A casual vacancy in the office of the Chairman or a
member of the Finance Commission may be filled for
the remainder of the period of his predecessor.
(6) The Finance commission shall have the following
powers for the performance of its functions, namely, -
(a) call for any record from any officer or authority;
(b) summon any person to give evidence or produce
a record; and
(c) such other powers as may be prescribed.
(7) The Governor shall cause every recommendation
made by the Finance Commission under this section
together with an explanatory memorandum as to the
action taken thereon to be laid before both the Houses
of the State Legislature.]
33. Power to acquire land. - 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 purpose 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 the land
and the Collector may acquire such land for
such [Gram Panchayat] or [Gram Panchayats].
Explanation. - In this chapter the expression "land"
includes benefits to arise out of land and things
attached to the earth or permanently fastened to
anything attached to the earth.
34. Property vested in the [Gram Panchayat]. - (1)
Subject to any special reservation made by the State
Government, all public property situated within the
jurisdiction of a [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.
(2) All markets and fairs or such portion thereof as are
held upon public land shall be managed and regulated
by the [Gram Panchayat] and the [Gram
Panchayat] shall receive to the credit of the Gaon Fund
all dues levied or imposed in respect thereof.
35. Disposal of claims. - 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]
36. Power to borrow. - A [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 Co-operative Bank or from any
other [Gram Panchayat] to carry out any of the
purposes of this Act.
37. Imposition of taxes and fees. - (1) A [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 :-
(a) in areas where the right, title and interest of
intermediaries have been acquired under the
Zamindari Abolition and Land Reforms Act, 1950,
the Jaunsar Bawar Zamindari Abolition and Land
Reforms Act, 1956 or Kumaun and Uttarakhand
Zamindari Abolition and Land Reforms Act, 1960, a
tax, on land [not less than twenty-five paise but not
exceeding fifty paise] in a rupee on the amount of
land revenue payable or deemed to be payable
therefor:
Provided that where the land is in actual cultivation of
a person other than the person by whom the land
revenue therefor is payable or deemed to be payable,
the tax shall be payable by the person in actual
cultivation;
 (b) in areas other than those referred to in clause (a),
a tax on land revenue [not less than twenty five
paise but not exceeding fifty paise] in a rupee on the
amount of land revenue payable by a tenant, by
whatever name called, under the law in force
relating to land tenures:
Provided that where the land is in the actual cultivation
of the person other than the person liable to pay land
revenue therefor, the tax shall be payable by the
person in actual cultivation of such land.
(c) [a tax on theatre, cinema or similar entertainment
temporarily stationed in the area of the [Gram
Panchayat] not exceeding five rupees per diem:]
Provided that in the case of theatre, cinema or similar
entertainment temporarily stationed in the area of
the [Gram Panchayat], a tax not exceeding five rupees
per diem may be levied;
(d) a tax payable by the owner thereof on animals and
vehicles other than mechanically propelled vehicles
kept within the area of the Gram Panchayats applied
for hire, at the rate -
(i) in the case of animals, not exceeding three
rupees per animal per annum;
(ii) in the case of vehicles, not exceeding six rupees
per vehicle per annum;
(e) a tax on persons, not being persons assessed to tax
under clause (c) exposing goods for sale in markets,
 hats, or melas belonging to or under the control of
the [Gram Panchayat] concerned;
(f) fees on the registration of animals sold in any
market or place belonging to or under the control of
the [Gram Panchayat];
(g) fees for the use of slaughterhouses and encamping
grounds;
(h) a water rate where water for domestic
consumption is supplied by the [Gram Panchayat];
(i) a tax for cleaning private latrines and drains
payable by the owners or occupiers of the houses to
which the private latrine or drain is attached",
where such cleaning is done through the agency of
the [Gram Panchayat];
(j) a tax for cleaning and lighting of streets and
sanitation; and
(k) an irrigation rate where water tor irrigation
purposes is supplied by the [Gram Panchayat] from
any small irrigation project constructed or
maintained by it.
[(l) any other tax which the State Legislature has the
power under the Constitution, including Article 277
thereof, to impose in the State I and of which
imposition by the Gram Panchayat has been
authorised by the State Government.]
(2) The taxes, rates and fees under sub-section (1) shall
be imposed, assessed and realised in such manner and
at such times as may be I prescribed.
37A. Appeal against levy of tax, rate or fee. - (1) An
appeal against the levy of a tax, rate or fee by
the [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 the [Gram Panchayat] shall
thereupon act accordingly.
37B. Taxes and dues recoverable as arrears of land
revenue. - All dues on account of the taxes imposed
and other sums payable to a [Gram Panchayat] under
this Act shall be recovered 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.
37C. Revision of tax, rate or fees. - (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 before or after the commencement of
the U.P. Panchayat Raj (Amendment) Act, 1954.
(2) The power exercisable by the State Government
under sub-section (1) shall also be exercisable either
generally or in any specified area by the prescribed
authority under such circumstances as the State
Government may prescribe.
(3) A [Gram Panchayat] also may by resolution and
under such circumstances as may be prescribed remit
the whole or part of any such tax, rate or fee imposed
or levied by it, provided that no such resolution shall
take effect unless it is approved by the prescribed
authority.
(4) Where any tax, rate or fee has been remitted under
sub-section (1) to (3), any sum realised from the
assessee on account of the tax, rate or fee so remitted
shall be refunded to him by the [Gram Panchayat].
38. Realisation of dues, custody of funds and
accounts. - The [Gram Panchayat] shall, as prescribed,
arrange for the realisation of Panchayat taxes and
dues, custody of its funds and maintenance of
accounts.
[39. ***]
LD LAW 6
40. Audit - The accounts of every [Gram
Panchayat] [***] shall be audited [every year] in such
manner and on payment of such fee as may be
prescribed.
 [41. Budget of Gram Panchayat. - 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.]
CHAPTER VI
The Nyaya Panchayat
[42. ***]
LD LAW 6
CHAPTER VII
External Control
95. Inspection. - (1) The State Government may -
(a) cause to be inspected an immovable property
owned [* * *] used or occupied by a [Gram
Panchayat], or a joint committee [***] or any work
in progress under the direction of such [Gram
Panchayat] or Joint Committee [***];
 (b) by an order in writing call for and inspect a book
or document in the possession or under the control
of a [Gram Panchayat] or a Joint Committee [***];
(c) by an order in writing require a [Gram
Panchayat] or a Joint Committee [***] to furnish
such statement, reports or copies of documents,
relating to the proceeding or duties of the [Gram
Panchayat] or such committee [***] as it thinks fit;
(d) record in writing for the consideration of a [Gram
Panchayat] or Joint Committee any observation
which it thinks proper in regard to the proceedings
or duties of such Gram Panchayat or Joint
Committee;
(e) institute any enquiry in respect of any matter
relating to [Gram Sabha], [Gram Panchayat] [***];
and
(f) [* * *] or dissolve any [* * *] [Gram Panchayat],
Joint Committee, Bhumi Prabandhak Samiti [***] if
in the opinion of the State Government such [* *
*], [Gram Panchayat], Joint Committee, Bhumi
Prabandhak Samiti [***] has abused its position or
has continuously failed to perform the duties
imposed upon it by or under this Act or if its
continuance is not considered desirable in public
interest.
Explanation. - [* * *];
(g) [Remove a Pradhan, [* * *] or member of a Gram
Panchayat] or a Joint Committee or Bhumi
Prabandhak Samiti, [* * *] [***] if he -
(i) absents himself without sufficient cause for
more than three consecutive meetings or
sittings,
(ii) refuses to Act or becomes incapable of acting
for any reason whatsoever or if he is accused of
or charged for an offence involving moral
turpitude,
(iii) has abused his position as such or has
persistently failed to perform the duties
imposed by the Act or rules made thereunder or
his continuance as such is not desirable in public
interest, or
[(iiia) has taken the benefit of reservation under
sub-section (2) of Section11-A or sub-section (5)
of Section 12, as the case may be, on the basis of
a false declaration subscribed by him stating that
he is a member of the Scheduled Castes, the
Scheduled Tribes or the Backward Classes, as the
case may be.]
(iv) being a Sahayak Sarpanch or a Sarpanch of the
Nyaya Panchayat takes active part in politics, or
(v) suffers from any of the disqualifications
mentioned in clauses (a) to (m) of Section 5-A:
[Provided that where, in an enquiry held by such
person and in such manner as may be prescribed, a
Pradhan or [* * *] is prima facie found to have
committed financial and other irregularities such
Pradhan or [* * *] shall cease to exercise and perform
the financial and administrative powers and functions,
which shall, until he is exonerated of the charges in the
final enquiry, be exercised and performed by a
Committee consisting of three members of Gram
Panchayat appointed by the State Government.]
[[* * *]
(h) [* * *]]
Provided that -
(i) no action shall be taken under clause (f), clause
(g) [* * *] except after giving to the body or person
concerned a reasonable opportunity of showing
cause against the action proposed;
(ii) [* * *]
(2) A person removed under sub-clauses (in) and (iv) of
clause (g) of subsection (1) of this section shall not be
entitled to be re-elected or re-appointed to any office
under this Act for a period of five years or such lesser
period as the State Government may order in any case.
(3) No order made by the State Government under this
section shall be called in question in any Court.
(4) Where any [* * *], [Gram Panchayat], Joint
committee or Bhumi Prabandhak Samiti
is [dissolved] the State Government may appoint such
person or persons to exercise and perform the powers
and duties thereof as it may deem fit.
95A. Power of State Government. - (1) If at any time it
appears to the State Government that a [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.
(2) If the duty is not performed within the period so
fixed, the State Government may direct such authority
as may be specified to perform it and may further
direct that the expenses, if any, of performing the duty
shall be paid from the [Gram Sabha] Fund and
thereupon the person having the custody of the fund
shall pay the amount from such fund.
96. Prohibition of certain proceedings. - (1) 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 by a [Gram
Sabha], [Gram Panchayat] or a Joint Committee, or any
officer or servant thereof if 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 employed, 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.
(2) Where an order is made under sub-section (1) a
copy thereof with a statement of the reasons for
making it shall forthwith be forwarded by the
prescribed authority or the aforesaid officer to the
State Government, which may after calling for an
explanation from the [Gram Sabha], [Gram Panchayat],
Joint Committee or the officer or the servant thereof
and considering the explanation, if any, made by it,
rescind, modify or confirm the order.
(3) Where the execution or further execution of a
resolution or order is prohibited by an order under
sub-section (1) and continuing in force, it shall be the
duty of the [Gram Sabha], [Gram Panchayat] or the
joint committee or any officer or servant thereof, if so
required by the authority making such order to take
any action which it would have been entitled to take, if
the resolution or order had never been made or passed
and which is necessary for preventing any person from
doing or continuing to do anything under cover of the
resolution or order, of which the further execution is
prohibited.
96A. Delegation of powers by State Government.
- The State Government may delegate all or any of its
powers under this Act to any officer or authority
subordinate to it subject to such conditions and
restrictions as it may deem fit to impose.
CHAPTER VIII
Penalties And Procedure
97. Penalty for infringement of the provisions of the
Act. - Whoever contravenes any provision of this
Act [except the provisions of Section 12-BCA or Section
12-BCC] shall be punishable, unless otherwise
prescribed, with fine, which may extend to [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 first conviction during
which an offender is proved to have persisted in the
offence.
[97A. Penalty for contravention of any order
regarding requisition. - 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.]
98. Infringement of rules and bye-laws. - In making a
rule the State Government, and in making a bye-law
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 [five
hundred rupees] and when the breach is a continuing
one with a 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
offence.
99. Penalty for tampering with the [Gram
Panchayat's] Property. - (1) Whoever removed,
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 [property of the Gram
Panchayat without its written sanction] or other lawful
authority shall be punishable with fine which may
extend to [one thousand rupees].
(2) If through any act, neglect, or default on his part, a
person has incurred a penalty imposed by sub-section
(1) and has caused any damage to the property of
a [Gram Panchayat] the person incurring such penalty,
shall be liable to make good such damage as well as to
pay such penalty and the damages may be recovered
from the offender in the prescribed manner.
100. Disobedience to notice issued. - 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 -
(a) The [Gram Panchayat] may cause such work to be
executed or such thing to be provided or done, and
may recover all expenses incurred by it on such
account from the said person in the prescribed
manner as arrears of land revenue;
[***]
101. Notice not to be invalid. - No notice shall be
invalid on account of any defect or omission in its form.
102. Appeals. - (1) Any person aggrieved by an order or
direction made by a [Gram Panchayat] under the Act or
under any rule or byelaw may, unless otherwise
prescribed, within 30 days from the date of such
direction or order, exclusive of the time requisite for
obtaining a copy of 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.
(2) The prescribed authority may, if it thinks fit, extend
the period allowed by sub-section (1) for appeal.
(3) The decision of the prescribed authority under sub-
section (1) shall be final and shall not be questioned in
any Court of law.
103. Suspension of prosecution in certain cases.
- When an appeal has been filed against an order or
direction in Section 102 any proceeding 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.
104. Power to compound offences. - (1) 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
byelaw made thereunder on payment of such sum in
cash to the [Gram Panchayat] as may be prescribed.
(2) When an offence has been compounded the
offender, if in custody, shall be discharged and no
further proceedings shall be taken against him in
respect of the offence so compounded.
All sums paid by way of composition under this section
shall be credited to the Gaon Fund.
105. Entry and inspection. - The Pradhan of the [Gram
Panchayat] and, if authorised in this behalf by
the [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 [Gram Panchayat] is
authorised 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:
Provided that -
(a) except when it is in this Act or rules or bye-laws
otherwise expressly provided, no such entry shall be
made between sunset and sunrise and
(b) except when it is in this Act or in rules, or bye-laws
otherwise expressly provided, no building which is
used as a human dwelling shall be so entered except
with the consent of the occupier thereof, and
without giving the said occupier not less than four
hours previous written notice of the intention to
make such entry, and
(c) sufficient notice shall in every instance be given
even when any premises can otherwise be entered
without notice to enable the inmates of an
apartment appropriated for females to move to
some part of the premises where their privacy shall
not be disturbed, and
(d) due regard shall always be had to the social and
religious usages of the occupants of the premises
entered.
106. Suits against [Gram Sabhas] [Gram
Panchayats] their officers, [***] - (1) No suit or other
legal proceeding shall be instituted against a [Gram
Sabha] or [Gram Panchayat] or Bhumi Prabandhak
Samiti or against a member or officer or servant
thereof [***] 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 two
months next after notice in writing has been, in the
case of [Gram Sabha], 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 [Gram Panchayat] [***] delivered to him or
left at his office or place of abode, explicitly 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.
(2) No action such as is described in sub-section (1)
shall be commenced otherwise than within six months
next after the accrual of the cause of action.
107. Protection to [Gram Panchayat] [***]. - [***].
(2) No civil case or prosecution shall be entertained in
any Court against a [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.
107A. Validity of proceedings. - 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 so to do, sat
or voted of of her wise took part in the proceedings:
Provided, however, that at least two thirds of the
persons present at the time of the act being done were
not disqualified to be members.
108. Powers and duties of Police in respect of
offences and assistance to Panchayats. - Every police
officer shall give immediate information to the [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] [***] in the exercise of their lawful
authority.
109. If any dispute arises [***] between two or
more [Gram Panchayats] or between a [Gram
Panchayat] and the [Nagar 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.
[109A. Custody and mode of proof of records. - (1)
Notwithstanding anything to the contrary contained in
any other provisions of this Act, -
(a) all records of a Gram Panchayat shall be in the
custody of its secretary;
(b) the secretary shall give to a person, on an
application and on payment of such fee as may be
prescribed, a copy of any such records and certify it
as a true copy under his signature and seal of the
Gram Panchayat.
(2) A duly certified copy of any record of a Gram
Panchayat shall be received as prima facie evidence of
the existence of the record and shall be admitted as
evidence of the matters therein recorded in every case,
where and to the same extent as the original record
would, if produced, have been admissible to prove
such matters.]
[Uttarakhand] Amendment
[Section 109-A of the Principal Act shall be amended as
follows : (1) The word 'Secretary' shall be substituted
by the word 'Pradhan' in clause (a) of sub-section (1) of
Section 109-A of the Principal Act. (2) The word
'Pradhan' shall be inserted between the words 'The'
and 'Secretary' in clause (b) of sub-section (1) of
Section 109-A of the Principal Act. (3) A new clause (c)
shall be inserted after clause (b) of sub-section (1) of
Section 109-A of the Principal Act as follows namely :
'(c) Secretary of the Gram Panchayat shall be
responsible for proper maintenance and making
entries in the records.']
CHAPTER IX
Rules, Bye-Laws And Repeals
110. Power of State Government to make rules. - (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 -
(i) any matter for which power to make provision is
conferred expressly Or by implication on the State
Government by this Act;
(ii) the establishment of [Gram Sabha] [***] or the
constitution of [Gram Panchayat];
(ii-a) qualifications for the [* * *];
(ii-b) distribution of assets and liabilities of [Gram
Panchayats] [***] consequent upon a change in
their circles;
[(ii-c) presentation and disposal of election petitions
and applications for revision under Section 12-C];
(ii-d) taking of oath by Pradhan, [* * *], members
of [Gram Panchayats], Panch, Sahayak Sarpanch
and Sarpanch;
 (ii-e) filing of resignation by Pradhan, [* * *],
members of [Gram I Panchayat], Panch, Sahayak
Sarpanch and Sarpanch;
(ii-f) holding of general elections and bye-elections;
[***]
(ii-h) grant of leave for absence to office-bearers
of [Gram Panchayat] [***]; and
(ii-i) the carrying out of the duties of the Pradhan
and [* * *] in their absence for any cause;
(iii) the time and place of the meetings of [Gram
Sabha], [Gram Panchayat] [***], the manner of
convening meetings and giving notice thereof;
(iv) the conduct of proceedings including the asking of
questions by members at meetings and the
adjournment of meetings and also minute books of
meetings;
(v) the establishment of committees and the
determination of all matters 'relating to the
constitution and procedure of such committees;
(vi) the suspension and removal of office-bearers;
(vii) the records and registers that shall be maintained
by [Gram Panchayat] [***] and the form in which
they are to be;
(vii-a) periodical revision and amendment of [Gram
Sabha] and [Gram Panchayat] registers;
(viii) the action to be taken on the occurrence of a
vacancy in the executive committee, joint
committee, any other committee [***];
(ix) the authority by which disputes in relation to
appointments to executive committee, joint
committee any other committee [***] may be
decided and the procedure to be followed therein;
(x) the amount and nature of security to be furnished
by a servant of the [Gram Panchayat] [***] from
whom it is deemed expedient to require security;
(xi) appointment, qualifications, supervision,
dismissal, discharge, removal or other punishment
and other matters, relating to the conditions of
service, leave, transfer, pay and privileges of the
servants of the [Gram Panchayat] and the [***] and
their rights of appeal;
(xii) management and regulation of provident fund
for the servants of [Gram Panchayats] [***] if the
system of provident fund is adopted by any [Gram
Panchayat];
(xiii) the establishment, maintenance and
management of primary schools and the
construction and repair of buildings thereof;
(xiv) the establishment, administration and control of
libraries, reading rooms, dispensaries entrusted to a
joint committee, the construction and repairs of
buildings connected therewith and the supply of
 medicine and medical assistance to the poor
inhabitants of the [Panchayat-area];
(xv) the discovery, removal and distribution of water
hyacinth, grass, weed or other wild growth on any
land, premises or water, the construction of fences
and barriers for checking its movements and the
cost incurred in carrying out such work;
(xvi) action in regard to the sanitation, conservancy,
drainage, buildings, public streets and water supply
and the prohibition of public nuisance;
(xvi-a) the carrying out of functions and duties
of [Gram Panchayat] as mentioned in Sections 15,
16 and l7.
(xvii) the framing of budgets and earmarking of funds
for specific purposes;
(xviii) the returns to be submitted by [Gram
Panchayats] [***], the form in which they are to be,
the authorities to which and the time when they
shall be submitted;
(xix) the levy of taxes and licence fees, the authority,
by which and the manner in which the taxes may be
assessed and the authority to which an appeal from
an assessment order may be made;
(xix-a) collection of State and other dues by [Gram
Panchayats] and remuneration to be paid therefor;
 (xx) the method and time of payment of taxes and
other dues, the procedure of recovery and the
authority whose assistance may be taken by [Gram
Panchayats] in the recovery of taxes and dues;
(xxi) the method of account keeping by [Gram
Panchayats] [***];
(xxii) the maintenance of public buildings and nazul
land;
(xxiii) the formalities to be observed when
transferring any property and the manner in which
a 'deed' of contract may be executed by a [Gram
Panchayat];
(xxiv) powers of auditors, inspecting and
superintending authorities to hold inquiries;
summoning and examining witnesses, compelling
the production of documents and all other matters
connected with audit, inspection and
superintendence;
[***]
(xxxi) the powers that may be exercised by [Zila
Panchayats] or any prescribed authority in the
discharge of their obligations under this Act and the
manner in which such powers may be exercised;
(xxxii) the procedure to be observed in the making of
bye-laws by prescribed authority for [Gram
Panchayats] or by [Gram Panchayats].
(xxxiii) the prescribing and printing of forms and
registers generally relating to any matter under this
Act or rules made thereunder;
(xxxiv) the submission for approval of plans, designs,
specifications and estimates;
(xxxv) the duties, powers and functions of village
volunteer force;
(xxxvi) the submission of annual reports by [Gram
Panchayats] [***] and their review;
(xxxvii) persons, other than members of [Gram
Panchayats] who may be present in any advisory
capacity in meetings of [Gram Panchayats];
(xxxviii) channel of correspondence between a [Gram
Panchayat] [***] and other authorities;
(xxxix) disposal of assets and liabilities of [a Gram
Sabha or a Gram Panchayat] [***] on its abolition;
(xl) the action to be taken on the inclusion of the
whole or part of the local area of any [Gram
Panchayat] in any city municipality, notified area, or
cantonment, and the manner in which the assets
and liabilities of the [Gram Panchayat] may be
disposed of in such circumstances;
(xli) the condition subject to which sums due to
a [Gram Panchayat] may be written off as
irrecoverable, and the conditions subject to which
the whole or any part of a fee may be remitted; and
 generally for the guidance of [Gram
Panchayats], [***], joint committees, other
committees, servants of the Government and other
authorities in any matter connected with the
carrying out of the provisions of this Act;
(xlii) the regulation of the election of the members of
the [Gram Panchayat] in order to secure the
adequate representation of the Scheduled Castes;
(xliii) assistance to be given by the [Gram
Panchayat] to Government servants on any matter
affecting the general administration;
(xliv) powers and duties of Sahayak Sarpanch and [* *
*];
(xlv) borrowing and lending of money by [Gram
Panchayats];
(xlvi) the matters which are to be and may be
prescribed; and
(xlvii) any matter in respect of which power is
conferred in Section 111 on the prescribed authority
to frame a bye-law for a [Gram Panchayat]
(3) [* * *].
111. Powers of [Zila Panchayats] to frame bye-laws.
- The prescribed authority may, and 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 jurisdiction
of a [Gram Panchayat] and for furtherance of
administration of [Gram Panchayats] under this Act.
112. Powers of [Gram Panchayat] to frame bye-laws.
- (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 :-
(a) to prohibit the removal or use of water for drinking
purposes from any source which is likely to cause
danger to health and to prohibit the doing of
anything likely to contaminate any source of
drinking water;
(b) to prohibit or regulate the discharge of water from
any drain or premises on a public street or into a
river, pond, tank, well or any other place;
(c) to prevent damage to public streets and [Gram
Panchayat] property;
(d) to regulate sanction, conservancy and drainage in
the area of the [Gram Panchayats].
(e) to prohibit or regulate the use of public streets or
other public places by shop-keepers or other
individuals or collection of market tolls on public
streets;
(f) to regulate the manner in which tanks, ponds and
cesspools, pasture land, playground, manu re-pits,
 land for disposal of dead bodies and bathing places
shall be maintained and used;
(g) to regulate any other duties or functions of
the [Gram Panchayat] as may be directed by the
prescribed authority.
(2) The draft of bye-laws framed by [Gram
Panchayats] shall be published in the prescribed
manner. Any objections received there to shall he
considered at a meeting of the [Gram Panchayat] and
bye-laws shall then be submitted together with the
objections, if any, received and the decisions taken
thereon to the prescribed authority. The bye-laws as
sanctioned by the prescribed authority shall come into
force after they have been published in the prescribed
manner:
Provided that the State Government may at any time
rescind or modify any bye-laws so approved.
113. Repeal and transitory provisions. - (1) [* * *]
[(2) On and from the date of commencement of the
Uttar Pradesh Panchayat Laws (Amendment) Act, 1994,
any reference to the 'Gaon Sabha' or 'Gaon Panchayat'
in any rules, regulations, bye-laws, statutory
instruments or any other law for the time being in
force or in any document or proceedings shall be
construed as a reference to the 'Gram Panchayat'.]
114. Casual vacancies to be left unfilled in certain
cases. - (1) Where a vacancy occurs in any body
constituted under this Act by reason of the death,
resignation, removal or avoidance of the election of a
member or other office bearer and the term of office
of that member or other officer bearer would in the
ordinary course of events have determined within six
months of the occurrence of the vacancy, the
prescribed authority may direct that the vacancy be
left unfilled until the next general election under this
Act.
(2) In the event of [vacancy in the offices of
Pradhan] remaining unfilled by virtue of direction
made under sub-section (1), the prescribed authority
may, by order make such arrangement as it thinks fit
for discharge of the functions of the Pradhan till a
Pradhan is elected.
[115. Succession to property, assets, rights, liabilities
and obligations in certain cases. - (1) On and from the
date of commencement of the Uttar Pradesh
Panchayat Laws (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.
(2) Where any doubt or dispute arises as to whether
any property, interest or asset has vested in a Gram
Panchayat under sub-section (1), or any right, liability
or obligation has become the right, liability or
obligation of a Gram Panchayat such doubt or dispute
shall be referred in the manner prescribed to the State
Government whose decision shall, unless superseded
by any decision of a court of law be final.
116. Sums due. - All sums due to the Gaon 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
Gaon Sabha to take or institute, if the Uttar Pradesh
Panchayat Laws (Amendment) Act, 1994 had not come
into force.
117. Debts, obligations, contracts and pending
proceedings. - (1) All debts and obligations incurred
and all contracts made by or on behalf of the Gaon
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.
(2) All proceedings pending before any authority of the
said Gaon Sabha on the said date, which under the
provisions of this Act, are required to be instituted
before or undertaken by the Gram Panchayat shall be
transferred to and continued by the Gram Panchayat,
and all other such proceedings shall, so far as may be,
be transferred to and continued by such authority
before or by whom they have to be instituted or
undertaken under the provisions of this Act.
(3) All appeal pending before any authority of the said
Gaon Sabha on the said date shall so far as may be
practicable be disposed of, as if there was a Gram
Panchayat when they were filed.
(4) All prosecutions instituted by or on behalf of the
said Gaon Sabha and all suits and other legal
proceedings instituted by or against the said Gaon
Sabha or any officer of the said Gaon Sabha pending on
the said date, shall be continued by or against the
Gram Panchayat or the officer, as the case may be, as if
there was a Gram Panchayat constituted when such
prosecution, suit or proceeding was instituted.
118. Provision until the Constitution of Gram
Panchayats. - 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 [for the
first time under this Act as amended by the Uttar
Pradesh Panchayat Laws (Amendment) Act, 1994], the
Gaon Panchayat and its Pradhan, [* * *] and members
shall respectively exercise, perform and discharge the
powers, functions and duties of the Gram Panchayat
and its Pradhan, [* * *] and members and shall be
deemed respectively to be the Gram Panchayat and its
Pradhan, [* * *] and members.
119. Power to remove difficulties. - (1) If any difficulty
arises in giving effect to the provisions of this Act, or by
reason of any thing 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.
(2) No order under sub-section (1) shall be made after
the expiration of the period of two years from the
commencement of the Uttar Pradesh Panchayat Laws
(Amendment) Act, 1994.
(3) The provisions made by, any order under sub-
section (1) shall have effect as if enacted in this Act and
any such order may be made so as to be retrospective
to any date not earlier than the date of
commencement of the Uttar Pradesh Panchayat Laws
(Amendment) Act, 1994.
(4) Every order made under sub-section (1) shall be
laid, as soon as may be, before both the Houses of
State Legislature and the provisions of subsection (1) of
Section 23-A of the Uttar Pradesh General Clauses Act,
1904 shall apply as they apply in respect of rules made
by the State Government under any Uttar Pradesh
Act.]
Schedule
(See Section 68)
Description of Period of Time from
Suits Limitation which
period
begins to
run
1. For money 3 years When the
due on a money
contract. became
due to the
plaintiff
2. For the 3 years When the
recovery of plaintiff
movable became
property or entitled to
the value the
thereof. delivery of
the
movable
property
3. For 3 years When the
compensation movable
for wrongfully property
taking or was
 injuring a wrongfully
movable taken or
property. when
injury was
done to it.
4. For damaged 6 months When the
caused by damage
cattle was
trespass. caused by
the cattle
trespass