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State ActAct No. 11 of 2016

Uttarakhand Panchayati Raj Act, 2016 — Bare Act, All Sections & Free PDF

Department of PANCHAYATI RAJState of UttarakhandEnacted:
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All Sections

Section 1 to Section 129 (29 Sections)

Section 1
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Short Title, extent and commencement

Short Title, extent and commencement.

(1)

This Act may be called the Uttarakhand Panchayati Raj Act, 2016.

(2)

It shall extent to the whole of Uttarakhand except any area included under the U.P. Nagar Mahapalika Adhiniyam, 1959, U.P. Municipalities Act, 1916 and the Cantonment Board Act, 1924 or any area included in the Corresponding Act's.

(3)

It shall come into force at once.

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Section 2
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Definitions

Definitions.

- In this Act, unless the context otherwise requires :-

(1)

"adult" means a person who has attained the age of eighteen years ;

(2)

"Gram Sabha" means a body established under section 3(a), and consisting of persons registered in the electoral rolls relating to a village comprised within the area of a Gram Panchayat;

(3)

"rural area" means the village as mentioned in the records relating to the revenue except the Urban body areas and cantonment areas of all levels in the district and it includes a village declared by general or special order for the purposes of this Act by the State Government;

(4)

"Gram Panchayat" means the Gram Panchayat established under section 4(1) ;

(5)

"Kshettra Panchayat" means any Kshettra Panchayat and shall include any committee, member, officer or servant of the Kshettra Panchayat authorised or required under this Act to exercise any powers or perform any duty or function of the Kshettra Panchayat under this Act;

(6)

"Khand" means any development Khand ;

(7)

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

(8)

"Zila Panchayat" means Zila Panchayat incorporated under this Act and shall include any committee and any member, officer or servant of the Zila Panchayat, authorised or required under this Act to exercise any powers or perform any duty or function of the Zila Panchayat under this Act;

(9)

"Backward Classes" means the reservation rules for the Other Backward Classes in the Uttrakhand as provisions specified for this purpose by the State Government;

(10)

"Scheduled Castes" means the castes deemed to be Scheduled Castes for the purposes of the Constitution of India;

(11)

"Scheduled Tribes" means the Tribes deemed to be Scheduled Tribes for the purposes of the Constitution of India;

(12)

"Schedule Bank" shall have the meaning assigned to the expression in the Reserve bank of India Act, 1934;

(13)

"town area" shall have the meaning assigned to it under the Municipalities Act. In this area, the area falling under the bodies of all levels of the town bodies shall be included in the town area;

(14)

"cantonment" and "cantonment board" shall have the same meanings assigned to them under the Cantonments Act, 1924;

(15)

"Land Management Committee" means a Land Management Committee of Gram Panchayat for the purpose of this Act;

(16)

"Panchayat" means Panchayats constituted of three tiers for the rural area of State under this Act;

(17)

"Wards election areas of the Panchayat" means ward election area of Gram Panchayat in context of Kshettra Panchayat ward election area of any Kshettra Panchayat and in context of Zila Panchayat ward election area of any Zila Panchayat;

(18)

"Chairman and Vice chairman in the context of Concerning Panchayat as Gram Panchayat, Kshettra Panchayat and Zila Panchayat" means the Pradhan or Up Pradhan or Pramukh or Up Pramukh and Chairman and Vice chairman of these institutions respectively;

(19)

"Panchayat Employee" means such persons who is employed and in- service in the three tiers Panchayat institutions whether he is getting pay from the Fund of the State Government;

(20)

"Collector" or "District Magistrate" or "Sub-Divisional Magistrate", in relation to the Panchayat means the Collector, District Magistrate or Sub-Divisional Magistrate of the district or the sub-division, as the case may be, in which such Panchayat is constituted and shall respectively include Additional Collector, Additional District Magistrate and Additional Sub-Divisional Magistrate;

(21)

"District Magistrate" means the district magistrate appointed under section 20 of the Code of Criminal Procedure, 1973;

(22)

"District Level Officer" means such officers of the district as the State Government may from time to time specify as such by notification in the Gazette;

(23)

"State Election Commission" means the State Election Commission referred to in Article 243-K of the Constitution of India;

(24)

"Electoral Registration Officer" means such an officer who is designated or nominated as such by the State Election Commission in consultation with the State Government for preparing and revising the electoral rolls in any district.

(25)

"Assistant Electoral Registration Officer" means such person who is appointed as such by the Electoral Registration Officer for one or more Panchayat areas;

(26)

"Finance Commission" means the Finance Commission constituted under Article 243-I of the Constitution;

(27)

[ "State Election Commissioner" means an officer of the State Government designated as such by the Governor;] [Substituted by Uttarakhand Act No. 10 of 2019.]

(28)

"Judge" means the .District Judge and, includes any other subordinate civil judicial officer named or designated by the District Judge in this behalf;

(29)

"Division", "district" and "tehsil" shall have the same meanings as they have in the Land Revenue Act, 1901, division, district and tehsil respectively;

(30)

"Commissioner of the division"" with reference to a Kshettra Panchayat or Zila Panchayat means the commissioner appointed under section 12 of the United Provinces Land Revenue Act, 1901, for the division within which the Kshettra Panchayat or the Zila Panchayats as the case may be exercises its jurisdiction and includes an additional commissioner appointed under this Act for such division;

(31)

"Population" means the population as ascertained at the last preceding census of which the relevant figures have been published;

(32)

"Quarter" when referring to a period of time means a period of three months commencing on the first day of any of the months of January, April, July and October;

(33)

"Prescribed" means prescribed by this Act or by any rule made thereunder;

(34)

"Prescribed Authority" means any person or authority notified by the State Government in the Gazette as, prescribed authority for any purpose under this Act;

(35)

"Rule" means a rule made by the State Government in exercise of a powers conferred by this Act ;

(36)

"Bye-laws" means a bye-laws made by the State Government in exercise of a powers conferred by this Act ;

(37)

"Regulations" means a regulations made by the State Government in exercise of a powers conferred by this Act;

(38)

"State" means the State of Uttarakhand;

(39)

"State Government" means the Government of Uttarakhand;

(40)

"Electoral Rolls of Legislative Assembly " means such electoral rolls or any election area of the State Legislative Assembly which is prepared according or under the provisions of the Representation of the People Act, 1951;

(41)

"Government" means the Central Government or the Government of any State of the Indian Union ;

(42)

"Public Street" means any road, street, bridge, lane, square, court, alley or passage from which the public has a right to pass along, and includes on either side the drains or gutters and the land up to the defined boundary of any abutting property notwithstanding any projection over such land of 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 the Central Government or any other local authority;

(43)

"Public Servant" means a public servant as defined in section 21 of the Indian Penal Code, 1860(Act no 45 of 1860);

(44)

"Local Authority" means and it includes a Gram Panchayat ;

(45)

"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;

(46)

"Person in the service of the Government" does not include a District Government Counsel, an Additional or Assistant District Government Counsel, any other counsel engaged by the Government and who has not paid monthly salary, a Government counsel in State Government, a person holding a purely honorary office or a person who has retired from the service of the Government;

(47)

"District Planning Committee" means a Committee constituted under Article 243 - Z D of the Constitution of India;

(48)

"Family" means such group of persons in which spouse, son, unmarried daughter, parents, brother or any other member who is residing together and take food on one hearth.

(49)

[ "Nagar pramukh" means chairman in case of nagar panchayat in nagar panchayat area, chairman of municipality in municipality area and mayor of municipal corporation in municipal corporation area. [Inserted by Uttarakhand Act No. 10 of 2019.]

(50)

"Up-nagar pramukh" means Vice-Chairman in case of nagar panchayat in nagar panchayat area, Vice-Chairman of municipality in municipality area and deputy-mayor of Municipal Corporation in municipal corporation area.]

Section 3
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Constitution of Gram Sabha, Membership, function and Meetings etc

Constitution of Gram Sabha, Membership, function and Meetings etc.

- (A) 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.(B)Membership of Gram Sabha - An adult, who resides and whose name is for the time being included in the electoral roll for a Gram Sabha shall be a member of that Gram Sabha (every person who has completed 18 years of age on first January of the every year shall be entitled to register his name in the electrol roll)(C)Establishment of Gram Shabha and Removal of difficulties arises theirin - If in establishing a Gram Sabha or in the working of a Gram Panchayat, any dispute or difficulty arises regarding the interpretation of any provisions 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.(D)Meetings and functions of the Gram Sabha - (1) Every Gram Sabha shall hold four general meetings in each year on the quarterly basis. 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 onefifth of the number of the members shall, within thirty days from the receipt of such requisition, can call an extraordinary general meeting: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)

The meetings of Gram Sabha shall be orginased only in Public/Government buildings or in open place of Gram Panchayat.Explanation. - Meeting called at the house of Pradhan/ Up-pradhan be considered illegal.

(E)

Quorum for convened meeting of Gaon Sabha - For the convened meeting of Gram Sabha, 1/5 numbers of total members or attendance of representatives of half families of total families shall be essential.
Explanation. - Quorum for adjourned meeting, 1/10 number of members of Gram Sabha or attendance of ¼ of representatives families out of total families is essensial. The fixation of number of the families shall be based on the family register.

(F)

Function and powers of Gram Sabha - (1) The Gram Sabha shall consider the following matters and may make recommendations and suggestions to the Gram Panchayat -
(i)the annual statement of accounts of the Gram Panchayat, the report of administration of the preceding financial year and the final audit note and replies, if any, made thereto;
(ii)the report of development programmes of the Gram Panchayat relating to the preceding year and the development progrmammes proposed to be undertaken during the current financial year;
(iii)the promotion of unity and harmony among all sections of society in the village;
(iv)programmes of primary and adult education within the village;
(v)such all other public interest matters as may be prescribed.
(2)The Gram Panchayat shall give due consideration to the recommendations and suggestions of the Gram Sabha.
(G)The Gram Sabha shall perform the following functions; namely:-
(a)Mobilising voluntary labour and contributions for the community welfare programmes;
(b)Rendering assistance in the implementation of development schemes pertaining to the village;
(c)Identification of beneficiaries for the implementation of development schemes pertaining to the village.

Section 4
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Constitution and de-limitation of Gram Panchayat

Constitution and de-limitation of Gram Panchayat.

- 1. Gram Panchayat - (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 500 in the hill area and a population of one thousand, in plane area to be a Panchayat area for the purposes of this Act by such name as may be specified;Provided that maximum population in the hill area shall be 2000 and 10000 for plane area as for as practicable or not more than this but Gram Panchayat constituted prior to the date of commencement of this Act unless not essential shall be as it is;Provided further that for the purposes of declaration of Panchayat area to the revenue Gram shall not be divided;Provided further also that the Government may by order relax said restrictions in the avoidable or special 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 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.

(d)

The constitution of Gram Panchayat shall be notified, as such manner as may be prescribed and after that the Gram Panchayat shall be deemed constituted as appropriate whether any vacancy is in existence;
Provided that constitution of Gram Panchayat shall not be notified until two third of members including Pradhan of Gram Panchayat not elected.

(3)

The tenure of any member of the Gram Panchayat till the date otherwise shall not be ended under the provisions of the Act, shall be ended with the tenor of the Gram Panchayat.

(4)

The Pradhan shall be ex-officio Member of Gram Panchayat.

(5)

The delimitation of the territorial electroll areas in the Gram Panchayat shall be fixed in the manner prescribed.

Section 5
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Constitution and reconstitution of the Gram Panchayat

Constitution and reconstitution of the Gram Panchayat.

- If any existed area of the Gram Panchayat, in every district prior of the ending of the tenure or otherwise required for the purposes of this Act is necessary, then the State Government shall arrange the constitution or reconstitution of the Gram Panchayat.

Section 6
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Effect of change in population or inclusion of the area of Panchayat in any level of Nagar Panchayat

Effect of change in population or inclusion of the area of Panchayat in any level of Nagar Panchayat.

- If the whole of the area, of a Gram Panchayat is included in a 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.

Section 7
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Removal of difficulty in the establishment of Gram Panchayat

Removal of difficulty in the establishment of Gram Panchayat.

- If, in establishing a Gram Panchayat any dispute or difficulty arises regarding the interpretation of any provisions 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.

Section 8
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Disqualification for membership of Gram Panchayat

Disqualification for membership of Gram Panchayat.

(1)

A person shall be disqualified for being appointed, a Pradhan, Up-pradhan and 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 any local authority, other than a Gram Panchayat or owned or controlled by any State Government or Central Government or any Board, bodies or corporation owned or controlled by any State Government or Central Government in which Aaganbadi workers Assistant, Secretary of Cooperative Committee and salary paid employees and working employees on honorarium under the State and Central sponsored schemes shall be included;

(d)

has been dismissed from the service of a State Government, the Central Government or a local authority or other Panchayat for misconduct;

(e)

is in arrears of any tax, fee, duty or any other dues payable by him for such period as may be prescribed, or has, inspite of being required to do so 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 member of any Nagar Nikay;

(g)

is an undischarged insolvent;

(h)

has been convicted of an offence involving moral turpitude;

(i)

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

(j)

has been 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;

(k)

has been sentenced to imprisonment for a term exceeding three months under the U.P. Excise Act, 1910 (as applicable to the State of Uttarakhand);

(l)

has been convicted of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985;

(m)

has been convicted of an election offence;

(n)

has been convicted of an election offence under the U. P, Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955 (as applicable to the State of Uttarakhand);

(o)

has been removed from office under section 138 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 a particular case has elapsed :
Provided 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 further that a disqualification under any of the clauses referred to in the first proviso in the manner prescribed be removed by the State Government.

(p)

In place of women Pradhan, Up Pradhan and Member, if her husband or other family members or relative preside the meetings and discharged the duties of Gram Sabha, Gram Panchayat and declared faulty then said women and concerning person presiding meetings and discharging the duties, both shall be disqualified for forthcoming general election of three tiers of Panchayat.

(q)

[ He has not passed High School or equivalent examination from any recognised institution/ Board: [Inserted by Uttarakhand Act No. 10 of 2019.]
Provided that in the matter of candidate of General Category women and Scheduled Caste/Scheduled Tribes candidate has not passed minimum Middle/Eight examination;

(r)

He has more than two living children.

(s)

He has unauthorised possession on any Governmental/Panchayati Raj Department land.

(t)

He has embezzled Government money or recovery of government money is against him or is owed of government money.

(u)

He comes under the provisions of Section 8, Section 8-A, Section 9, Section 9-A and Section 10 of the Representation of the People Act, 1951.]

(2)

Disqualification due to corruption - An authority competent to decide election disputes under this Act or the rules made thereunder may declare any candidate found to have committed any corrupt practice to be incapable, for any period not exceeding five years from the date of declaration, of being chosen as a member of a Gram Panchayat, or place in the gift or disposal of a Gram Panchayat.

(3)

Disqualification for no toilets - (a) If any person convicted by the competent court under the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, then he shall be disqualified for contesting Panchayat election.

(b)

If there is no toilets established in the house of those persons residing in the jurisdiction of concerned Panchayat, they shall be disqualified for the candidature of the Panchayat at election.

(4)

Cessation of membership - [(a) A member of Gram Panchayat shall cease to be such member/pradhan/ Up-pradhan if the entry relating to the member is removed from the electoral roll of the territorial constituency of Gram Panchayat or the whole ward of its territorial constituency has been included in any municipal body even though the entry of related member is recorded in any other electoral roll.] [Substituted by Uttarakhand Act No. 10 of 2019.]

(b)

Where any person ceases to be a member of a Gram Panchayat under clause (a) he shall also cease to hold any office to which he may have been elected, nominated or appointed by reasons of his being a member thereof.

(5)

Decision on question as to disqualification - If any question arises as to whether a person has become subject to any disqualification mentioned in this Act, the question shall be referred to the prescribed authority for the decision and his decision shall, subject to the result of any appeal as may be prescribed, be final;Provided that if any disqualification for duration of the said tenure in which such rules is commencing then if omitted under any such law who is authorised for omission than the name of such person from the electoral roll of the said Gram Panchayat who is removed for such disqualification, shall be placed remain at once.

(6)

Punishment for failure to handover records, etc. - (a) Any person on ceasing to act as Pradhan wilfully fails, in spite of being required to do so by the prescribed authority, to handover all records, money or other property or as the case may be, to his successor or to any person authorised in this behalf by the prescribed authority, he shall be punishable with imprisonment which may extend to three years or with fine or with both.

(b)

Without prejudice to the provisions of sub-section (a), any such money may on a certificate issued in that behalf by the prescribed authority be recovered as arrears of land revenue.

(c)

Such any person who is posted on any post prior from the ending of tenor of any Gram Panchayat he shall obtain no dues certificate from the successor or designated officer necessarily. Due to not obtaining the no dues certificate, he will not qualify for participation in the next Panchayat election.

(7)

Prohibition of holding more than one post simultaneously - Any person neither be candidate in the election from one or more territorial constituencies election areas in the Gram Panchayat nor he may hold one or more post in the Gram Panchayat.

(8)

[ Further bar on holding two offices simultaneously-
(1)A person shall be disqualified for holding the office of Pradhan, Up-pradhan or member of the Gram Panchayat, If he is-
(a)Member of the Parliament or State Legislature; or
(b)The Pramukh, Senior Up-pramukh, junior Up-pramukh or member of any Kshettra Panchayat; or
(c)The Chairman, Vice-Chairman or Member of any Zila Panchayat; or
(d)The Chairman, Vice-Chairman or member of any cooperative society; or
(e)The Nagar Pramukh Up-Nagar Pramukh, member, Chairman, Vice-Chairman or member of Urban Local Bodies; or
(f)The Chairman, Vice-Chairman or member of cantonment board.
(2)A person, shall cease to hold the office of Pradhan, Up-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 (/) of sub-section (1) with effect from the date of such subsequent election and thereafter the post of Pradhan, Up-pradhan or member, as the case may be, shall be deemed casual vacancy.]

Section 9
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[ Electoral roll for each territorial constituency. [Substituted by Uttarakhand Act No. 10 of 2019.]

[ Electoral roll for each territorial constituency. [Substituted by Uttarakhand Act No. 10 of 2019.]

(1)

For each territorial constituency of 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:

(a)

Subject to the superintendence, direction and control of the State Election Commission, the District Election Officer (Panchayat) shall supervise and perform all functions relating to the preparation, revision and correction of the electoral rolls in the district in accordance with this Act and the rules made thereunder.

(b)

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) clause (b) 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.

(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 ordinary 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 not 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 in that territorial constituency.

(ii)

A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof shall be deemed to 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 be reason of his absence from that area in connection with his duties as such member.

(iv)

For determining that which persons may not be deemed to the ordinarily residents of any particular area at any relevant time, any other facts which may be prescribed, shall be considered.

(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 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 which is struck off from 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, municipal corporation, municipality, Nagar Panchayat or cantonment unless he shows that his name has been struck off from such electoral roll.

(8)

Where the State Election Commission is satisfied after making such inquiry as it may deem fit, whether on an application made to it or suo moto, that any entry in the electoral roll should be corrected or deleted or that the name of any person entitled to be 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 any 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 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 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)

As so far as provision not made by this Act or the rules, the State Election Commission may, by order, may 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 the elector concerned;

(c)

the correction of clerical or printing errors in electoral roll;

(d)

the inclusion of the name of such person in the electoral roll-
(i)whose name is included in the Assembly electoral roll for the area related to the territorial constituency but not included in the electoral roll for territorial constituency or whose name has been wrongly included in the electoral roll of other territorial constituency, or
(ii)whose name is not so included in the Assembly electoral roll but who is otherwise eligible to be registered in the electoral roll for the territorial constituency;

(e)

the custody and preservation of the electoral roll;

(f)

fees payable on application for inclusion or exclusion of names;

(g)

all matters generally relating to the preparation and publication of the electoral roll.

(11)

Notwithstanding anything contained in the foregoing sub-section 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 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, no amendment, alteration or correction in the electoral roll for such territorial constituency shall be included after the last date of nomination in such constituency and before the completion of that 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 electoral rolls.

(13)

Right to vote etc. - Save as otherwise provided by or under this Act, every person whose name is for the time being included in the electoral roll for a territorial consistency 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 eligible to be elected as a member or office-bearer of the Gram Panchayat.] [Inserted by Uttarakhand Act No. 10 of 2019.]Chapter -III Gram Panchayat and its office bearers and their election

Section 10
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Pradhan and Up-Pradhan of Gram Panchayat

Pradhan and Up-Pradhan of Gram Panchayat.

- There shall be a Pradhan and an Up-Pradhan of the Gram Panchayat, who shall respectively be the Chairperson and Vice-Chaiperson thereof. The election of Pradhan and Up Pradhan etc. shall be held as may be prescribed.

Section 10A
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[ Reservation for the post of Pradhan. [Inserted by Uttarakhand Act No. 10 of 2019.]

[ Reservation for the post of Pradhan. [Inserted by Uttarakhand Act No. 10 of 2019.]

(1)

The State Government may, by order, reserve the seat of Pradhan for Scheduled Castes, Scheduled Tribes and Backward Classes. The number of seats of Pradhan so reserved for the Scheduled Castes, the Scheduled Tribes or the Backward Classes shall as nearly as may be, bear the same proportion to the total number of such seats as the population of the Scheduled Castes or the Scheduled Tribes or the Backward Classes of the State bears to the total population of the State:Provided that reservation for the Backward Classes shall not exceed 14 per cent of total number of the seat of Pradhan.

(2)

Not less than one half of the total number of reserved seats of Pradhan under subsection (1) shall be reserved for the women belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, as the case may be.

(3)

Not less than one half seat of total number of seats of Pradhan, under sub-section (2) shall be reserved for women.

(4)

The seats reserved for Pradhan under this Section shall be allotted in different Gram Panchayat by rotation in such order, as may be prescribed.

(5)

The reservation for seats of the Pradhan for Scheduled Castes and Scheduled Tribes under this Section shall not be effective at the end of the period specified in Article 334 of the Constitution of India.]

Section 10B
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[ Election of Pradhan. [Inserted by Uttarakhand Act No. 10 of 2019.]

[ Election of Pradhan. [Inserted by Uttarakhand Act No. 10 of 2019.]

(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 of a Gram Panchayat, the Pradhan is not elected, and less than two-thirds of the total number of members of Gram Panchayat are elected, the State Government or an officer authorised by it in this behalf may, by order, either appoint-

(i)

an Administrative Committee consisting of such number of persons qualified to be elected as members of the Gram Panchayat, as it may consider proper; or

(ii)

an Administrator.

(3)

The members of the Administrative Committee or 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 and 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)

Save as otherwise provide in this Act, the term of office of Pradhan shall expire with the term of the Gram Panchayat.]

Section 10C
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[ Election of Up-pradhan and his term. [Inserted by Uttarakhand Act No. 10 of 2019.]

[ Election of Up-pradhan and his term. [Inserted by Uttarakhand Act No. 10 of 2019.]

(1)

The Up-pradhan, shall be elected by the members of the Gram panchayat from amongst themselves in such manner as may be prescribed:Provided that if a Gram panchayat fails to so elect the Up-pradhan within the time fixed by or under the rules in that behalf, the Prescribed Authority may nominate as Up-pradhan any member; of the Gram Panchayat, and the person so nominated shall be deemed to have been duly elected.

(2)

The term of office of the Up-pradhan shall commence from the date of his election or nomination, as the case may be, and unless otherwise determined under the provisions of the Act, shall expire with the term of the Gram Panchayat.

(3)

The Provision of Section 18 shall Mutatis Mutandis apply to the removal of Up-pradhan as they apply to the removal of Pradhan.]

Section 11
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The provisions of reservation on the post for the Scheduled Caste, Scheduled Tribes, Backward Classes, Women in the Gram Panchayat

The provisions of reservation on the post for the Scheduled Caste, Scheduled Tribes, Backward Classes, Women in the Gram Panchayat.

(1)

Seats shall be reserved for the Scheduled Castes, Scheduled Tribes and Backward Classes in every Gram Panchayat and the number of seats so reserved for the Scheduled Castes, the Scheduled Tribes or the Backward Classes in the Gram Panvchayat shall bear as nearly as may be, the same proportion to the total number of such seats as the population of the Scheduled Castes in 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 alloted by rotation to different territorial constituencies;Provided that the reservation for the Backwards classes shall not exceed fourteen percent of the total number of 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;Provided further also that not less than one half of the total number shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes.

(2)

Not less than one half of the total number, including the number reserved under third proviso of sub-section (1), shall be reserved for women and the reserved under this section shall be allotted by rotation to different Gram Panchayats in such as may be prescribed.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.

Section 12
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Term of Gram Panchayat and his office bearers

Term of Gram Panchayat and his office bearers.

(1)

Every Gram Panchayat unless sooner dissolved under the provisions of this Act, shall continue for five years from the date fixed of its first meetings and no longer.

(2)

If under the provisions of this Act the tenure of any member of any Gram Panchayat otherwise is not removed then there tenure shall be held till the end of concerning Panchayat.

(3)

Subject to the provisions made otherwise under this Act, the tenure of Pradhan, Up Pradhan of any Panchayat shall be extend up to the tenure of concerning Panchayat.

Section 13
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[ [Substituted by Uttarakhand Act No. 10 of 2019.]

[ [Substituted by Uttarakhand Act No. 10 of 2019.]

The election for the post of Pradhan, Up-pradhan and Member of any Gram Panchayat shall be made by Ballot Paper or EVM through the secret ballot procedure;Provided that there shall be no bar on the Panchayat to elect unopposed the office holders mentioned in this Section.]

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Section 14
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The superintendence of election of the Gram Panchayat and constitution of the State Election Commission etc

The superintendence of election of the Gram Panchayat and constitution of the State Election Commission etc.

(1)

The conduct, superintendence, direction and control of the elections of Pradhan, Up Pradhan, Member of the Gram Panchayat shall be vested in a State Election Commission constituted at State level.

(2)

Subject to the superintendence, direction and control of the State Election Commission, the State Election Commissioner shall supervise and perform all function relating matters of the conduct for the post of Pradhan, Up Pradhan and Members.

(3)

The State Government shall, with the consultation of the State Election Commission, by notification appoint a date or dates for general election or by election of the Pradhan, Up Pradhan and Members of any Gram Panchayat.

Section 50
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Structure and incorporation of Kshetra Panchayat

Structure and incorporation of Kshetra Panchayat.

(1)

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

(2)

Effect of changes in Khands- When any area is under sub-section (3) of section 50 excluded from one Khand and included in another such area shall cease to be subject to the jurisdiction of the Kshettra Panchayat of the Khand from which it has been excluded and become subject to the jurisdiction of the Kshettra Panchayat of the Khand in which it has been included and the rules, notifications, orders, directions and notices applicable thereto and the State Government may place at the disposal of such Kshettra Panchayat such portion of the assets of the Kshettra Panchayat from whose jurisdiction the area has been excluded as it may deem proper and may make such orders and give such directions as it may consider necessary to effectuate the change;Provided that where the area excluded from the one Khand is included in a new Khand having no Kshettra Panchayat constituted therefor, then until a Kshettra Panchayat is constituted for the new Khand, the Kshettra Panchayat of the Khand from which that area has been excluded, shall continue to exercise Jurisdiction in that area, and anything done or any aection taken including any appointment or delegation made, notification, order or direction issued, rule, regulation, from byelaw or scheme framed, permit or licence granted or registration effected under the provisions of this Act in respect of such area by such Kshettra Panchayat, shall with respect to the new Khand, be deemed to have been done or taken by the new Kshettra Panchayat under the provisions of this Act and shall continue in force accordingly until superseded by anything done or any action taken under this Act.

(3)

There shall be a Kshettra Panchayat for every Khand bearing the name of that Khand and constituted as hereinafter provided. A Kshettra Panchayat shall consist of a Pramukh, who shall be its presiding one Senior Up Pramukh and Junior Up Pramukh, which shall be constituted by-

(a)

elected members, who shall be chosen by direct election from the territorial constituencies in the Panchayat area and for this purpose the Panchayat area shall be divided into territorial constituencies on the basis of pupulaton;

(b)

all the Pradhans of the Gram Panchayats in the Khand;

(c)

Member of State Vidhan Sabha and Lok Sabha;

(d)

the members of the Rajya Sabha who are registered as electors within the Khand.
The member of Kshettra Panchayat mentioned in clauses (b), (c) and (d) of sub-section (3) shall be entitled to take part in the proceedings and vote at the meetings of the Kshettra Panchayat except in matters of no-confidence motion against the Pramukh or the senior Up-Pramukh or junior Up-Pramukh;Provided that on no confidence motion of Pramuks and senior Up Pramuk and Junior Up Pramukh of Ksettra panchayat, the matter shall considered only by elected member of the Kshettra Panchayat.

(4)

Every elected member of the Zila Panchayat representing constituency which comprises, wholly or partly, any Kshettra Paanchaayt, shall be entitled to take part and express his views in the meetings of such Kshettra Panchayat as a special invitee but shall have no right to vote in such meetings.

(5)

Standard for territorial constituencies of the Kshettra panchayat - (a) For constitution of the Kshettra Panchayat according to the provisions made by the Act from time to time shall be under the direction and final delimitation which shall be notified by the State Government.

(b)

There shall be 20 territorial constituencies in the Khand of hill areas having the population upto 25,000 and 20 territorial constituencies in the Khand of planes areas having the population more then 50,000 in the respective Khand, there shall be gradual proportional increase in the number of the territorial Panchayat Khand constituencies but shall not exceed 40;
Provided that the proportional population of the territorial constituencies in the releted Khand will be the same as far as practicable;Provided further that territorial constituency of any constitutent village Panchayat in the regional election area of any Kshettra panchayat shall not be included partially.

Section 51
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Constitution and reconstitution of a Kshettra Panchayat

Constitution and reconstitution of a Kshettra Panchayat.

- The State Government shall arrange the constitution or the reconstitution of the present area of Kshettra Panchayat in every districts if any, thereof before the expiry of its term or when otherwise required for the purposes of this Act.

Section 52
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Removal of difficultes in the establishment of Panchayats

Removal of difficultes in the establishment of Panchayats.

- If, in establishing any Kshetra Panchayat any dispute or difficulty arises regarding the interpretation of any provisions 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.

Section 53
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Disqualifications for membership of Kshettra Panchayat

Disqualifications for membership of Kshettra Panchayat.

(1)

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

(a)

is so disqualified by or under any law for the time being in force for the purposes of election of the State Legislature;
Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;

(b)

he have salaried servant of Gram Panchayat/ Kshettra Panchayat / Zila Panchayat;

(c)

holds any office of profit under a State Government or the Central Government or a local authority or controlled by any State Government or Central Government or any Board, bodies or corporation owned or controlled by any State Government or Central Government in which Aaganbadi Assistant, Attendance, Secretary of Cooperative Committee and salary paid employees and working employees on honorarium under the State and Central sponsored schemes shall be include;

(d)

has been dismissed from the service of a 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 Kshettra Panchayat for such period as may be prescribed or has inspite of being required to do so by Kshettra 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 Chairman are vice chairman of any Nagar Nikay;

(g)

is an undischarged insolvent;

(h)

has been convicted of an offence involving moral turpitude;

(i)

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

(j)

has been 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;

(k)

has been sentenced to imprisonment for a term exceeding three months under the U.P. Excise Act, 1910(As applicable in the State of Uttrakhand);

(l)

has been convicted of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985;

(m)

has been convicted of an election offence ;

(n)

has been convicted of an offence under the U.P. Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955;

(o)

has been removed from office under section 138 unless such period, as has been provided in this behalf in the said section or such lesser period as the State Government may have ordered in a particular case has elapsed;
Provided 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 further 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.

(p)

In place of women member/ Pramuks/ senior Pramukh/ junior Up Pramukh of Kshettra Panchayat, if her husband or other family members or relative shall preside the meetings and discharged the duties of Kshettra Panchayat and declared faulty then said women and concerning person who is presiding meetings and discharged the duties, both shall be disqualified for forthcoming general election of three level of Panchayat.

(q)

[ He has not passed High School or equivalent examination from any recognised institution/ Board: [Inserted by Uttarakhand Act No. 10 of 2019.]
Provided that in the matter of candidate of General Category women and Scheduled Caste/Scheduled Tribes candidate has not passed minimum Middle/Eight examination;

(r)

He has more than two living children.

(s)

He has unauthorised possession on any Governmental/Panchayati Raj Department land.

(t)

He has embezzled Government money or recovery of government money is against him or is owed of government money.

(u)

He comes under the provisions of Section 8, Section 8-A, Section 9, Section 9-A and Section 10 of the Representation of the People Act, 1951.]

(2)

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

(3)

Disqualification as for no-toilets. - (a) If any person convicted by the competent court under the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, then he shall be disqualified for contesting Panchayat election.

(b)

If there is no toilets established in the house of those persons residing in the jurisdiction of concerned Panchayat, they shall be disqualified for the candidature of the Panchayat at election.

(4)

Cessation of membership. - [(i) A member of Kshettra Panchayat shall cease to be such member if the entry relating to the member is removed from the electoral roll of the territorial constituency of Kshettra Panchayat or the whole ward of its territorial constituency has been included in any municipal body even though the entry of related member is recorded in any other electoral roll;] [Substituted by Uttarakhand Act No. 10 of 2019.]

(ii)

Where any person ceases to be a member of a Kshettra Panchayat under sub-section (1) he shall also cease to hold any office to which he may have been elected, nominated or appointed by reasons of his being a member thereof.

(5)

Decision on question as to disqualification. - If any question arises as to whether a person has become subject to any disqualification mentioned in any section of under this Act, the question shall be referred to the prescribed authority for the decision and his decision shall, subject to the result of any appeal as may be prescribed, be final;Provided that if the name of any person struck off from the electoral roll of Kshettra panchayat by reason of any such disqualification shall forth with be reinstated in that roll, if such disqualfication is, during the period of such electoral roll is in force, removed under any law authorizing such removal.

(6)

Prohibition of holding more than one seat simultaneously of Panchayats. - Any person neither be candidate in the election from one or more territorial constituencies election areas in the Kshettra Panchayat nor he may hold one or more post in the Kshettra Panchayat.

(7)

[ Further bar on holding two office simultaneously-
(1)A person shall be disqualified for holding the office of The Pramukh, Senior Up-pramukh, Junior Up-pramukh or member of the Kshettra Panchayat, if he is-
(a)Member of the Parliament or State Legislature; or
(b)Pradhan, Up-pradhan or Member, of any Gram Panchayat, or
(c)The Chairman, Vice-Chairman or Member of any Zila Panchayat, or
(d)The Chairman, Vice-Chairman or member of any cooperative society, or
(e)The Nagar Pramukh, Up-nagar Pramukh, member, Chairman, Vice-Chairman or member of Urban Local Bodies, or
(f)The Chairman, Vice-Chairman or member of cantonment board.
(2)A person, shall cease to hold the office of Pramukh, Senior Up-Pramukh, Junior Up-Pramukh or member of the Kshettra Panchayat, as the case of may be if subsequently he is elected to any of the offices mentioned in clauses (a) to (f) of sub-section (1) with effect from the date of such subsequent election and thereafter, may be the post of Pramukh, Up-pramukh or member, as the case may be, shall be deemed casual vacancy.]

Section 54
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[ Electoral rolls for each territorial constituency of Kshettra Panchayat. [Substituted by Uttarakhand Act No. 10 of 2019.]

[ Electoral rolls for each territorial constituency of Kshettra Panchayat. [Substituted by Uttarakhand Act No. 10 of 2019.]

(1)

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

(2)

The electoral roll for the territorial constituency of a Kshettra Panchayat shall consist of the electoral rolls prepared under Section 9 of the Uttarakhand Panchayati Raj Act, 2016 for all territorial constituencies of a Gram Panchayat or Gram Panchayats comprised within the territorial constituency of the Kshettra Panchayat and it shall not be necessary to prepare or revise separately the electoral roll for any such territorial constituency of a Kshettra Panchayat;Provided that any correction, deletion or addition made in the electoral roll after the last date for making nominations for any election to the Kshettra Panchayat and before the completion of that election shall not be taken into consideration for the purposes of that election.

(3)

Save as otherwise provided by or under the various sections of this Act, every person whose name is, for the time being, included in the electoral roll for the territorial constituency of a Kshettra Panchayat shall be entitled to vote at any election thereto and be eligible for election to the membership or of any office in the Kshettra Panchayat;Provided that a person who has not completed the age of twenty one years shall not be qualified to be elected as member or office bearer of the Kshettra Panchayat.] [Inserted by Uttarakhand Act No. 10 of 2019.]

Section 86
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Establishment and incorporation of Zila Panchayats

Establishment and incorporation of Zila Panchayats.

(1)

There shall be a Zila Panchayat for each district.

(2)

The Zila Panchayat shall be a corporate body. A Zila Panchayat shall consist of a Chairman who shall be its Chairperson and a Vice Chairman and as following -

(a)

Pramukhs of all Kshettra Panchayat in the district;

(b)

elected members, who shall be chose by direct election from the territorial constituencies in the Panchayat area and for this purpose the Panchayat area shall be divided into territorial constituencies in such manner:
(i)minimum 2 territorial constituencies shall be fixed in the development blocks of hill area having the population upto 24000 and in the development blocks having the population more than 24000 there shall be gradual proportional increase in the number of the territorial constituencies.
(ii)minimum 2 territorial constituencies shall be fixed in the development blocks of plane area having the population upto 50000 and in the development blocks having the population more than 50000 there shall be gradual proportional increase in the number of the territorial constituencies;
Provided that as aforesaid determined the proportional population of the territorial constituencies in the development blocks will be the same as far as practicable;Provided further that in the territorial constituency of a Kshettra Panchayat, shall not be include in the territorial constituency of any Zila Panchayat;

(c)

the members of the Lok Sabha and the members of the Legislative Assembly of the State representing constituencies which comprise any part of the Panchayat area;

(d)

the members of the council of States and the members of the who are registered as elector within the Panchayat area.

(3)

Each territorial constituency referred to in clause (b) of sub-section (2) shall be represented by one member.

(4)

The members of the Zila Panchayat mentioned in clauses (a), (c) and (d) of sub-section (2) shall be entitled to take part in the proceedings and vote at the meetings of the Zila Panchayat except in matters of election of and on a motion of no-confidence against, the Chairman or the Vice Chairman ;Provided that on the no confidence motion of Chairman and Vice chairman of Zila Panchayat only the elected member as mentioned in the said sub-section (2)(b), may consider.

Section 87
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Effect of changes in districts

Effect of changes in districts.

- Where a new district is created, the Zila Panchayat having jurisdiction in any area therein immediately before the creation of the new district shall continue to exercise such jurisdiction until a new Zila Panchayat is established in that district, and on the establishment of a new Zila Panchayat-

(a)

all taxes fees, fines or penalties imposed or levied and all licences Or permits granted on the date, immediately preceding the date on which such Zila Panchayat as established by the Zila Panchayat which had jurisdiction in the area of the new district, shall be deemed to have been imposed, levied or granted by the new Zila Panchayat under and in accordance with the provisions of tills Act and shall, until abolished, modified or changed, continue to be so realizable or effective,

(b)

If at any time any area is newly included in any existing district and on the date immediately preceding the date of such inclusion a Zila Panchayat was exercising jurisdiction over such area the provisions of this section shall apply as if the area newly included were a new district and the Zila Panchayat newly constituted for the enlarged district were the new Zila Panchayat for the purpose of this section.

Section 88
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Constitution and reconstitution of Zila Panchayats

Constitution and reconstitution of Zila Panchayats.

- The State Government shall arrange for the constitution or reconstitution of the Zila Panchayat before the expiry of the term of the existing Zila Panchayat, if any or whenever otherwise required for the purposes of this Act.

Section 89
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Removal of difficulty arises in the establishment of Zila Panchayat

Removal of difficulty arises in the establishment of Zila Panchayat.

- If, any dispute or difficulty arises in the establishment or in the working of a Zila Panchayat regarding the interpretation of any provisions 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.

Section 90
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Disqualifications for membership of Zila Panchayat

Disqualifications for membership of Zila Panchayat.

(1)

A person shall be disqualified for being chosen as and for being a Chairman, Vice-chairman or member of a Zila Panchayat, if he-

(a)

is so disqualified by or under any law for the time being in force for the purposes of election of the State Legislature :
Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;

(b)

hold salaried service of the Gram Panchayat/ Kshettra panchayat/ Zila Panchayat;

(c)

holds any office of profit under a State Government or the Central Government or a local authority, or controlled by any State Government or Central Government or any Board, bodies or corporation owned or controlled by any State Government or Central Government in which Aaganbadi Assistant, Attendance, Secretary of Cooperative Committee and salary paid employees and working employees on honorarium under the State and Central sponsored schemes shall be include (d) has been dismissed from the service of a 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 Zila Panchayat for such period as may be prescribed or has inspire of being required to do so by 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)

Any Chairman or Vice-chairman of Nagar Nikay;

(g)

is an undischarged insolvent;

(h)

has been convicted of an offence involving moral turpitude;

(i)

has been sentenced to imprisonment for a term of three months for contravention of any order made under the Essential Commodities Act, 1955;

(j)

has been 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;

(k)

has been sentenced to imprisonment for a term exceeding three months under the U.P. Excise Act, 1910 (as applicable to the State of Uttarakhand);

(l)

has been convicted of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985;

(m)

has been convicted of an election offence ;

(n)

has been convicted of an offence under the U.P. Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955 (as applicable to the State of Uttarakhand);

(o)

has been removed 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 a particular case has elapsed;
Provided 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 further 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.

(p)

If in place of woman Chairman/ Vice chairman/ Member if her husband or other family members or relative preside the meetings and discharged the duties of Zila Panchayat and he is convicted than said woman and concerning person who is presiding meetings and discharged the duties, both shall be disqualified for forthcoming general election of Zila Panchayat.

(q)

[ He has not passed High School or equivalent examination from any recognised institution/ Board:
Provided that in the matter of candidate of General Category women and Scheduled Caste/Scheduled Tribes candidate has not passed minimum Middle/Eight examination;[Inserted by Uttarakhand Act No. 10 of 2019.]

(r)

He has more than two living children.

(s)

He has unauthorised possession on any Governmental/Panchayati Raj Department land.

(t)

He has embezzled Government money or recovery of government money is against him or is owed of government money.

(u)

He comes under the provisions of Section 8, Section 8-A, Section 9, Section 9-A and Section 10 of the Representation of the People Act, 1951.]

(2)

Disqualification due to corruption. - An authority competent to decide election disputes under this Act or the rules made thereunder may declare any candidate found to have committed any corrupt practice to be incapable, for any period not exceeding five years from the date of declaration, of being chosen as or of being appointed or retained in any office or place in the gift or disposal of a Zila Panchayat.

(3)

Disqualification of no toilets. - (a) If any person is convicted by the appropriate court under the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 than he shall be disqualified to fight Panchayat election.

(b)

If there is no toilet established in the house of those persons, residing in the jurisdiction of concerned Panchayat, they shall be disqualified for the condidature of the Panchayat election.

(4)

Cessation of membership - [(a) A member of Zila Panchayat shall cease to be such member if the entry relating to the member is removed from the electoral roll of the territorial constituency of Zila Panchayat or the whole ward of its territorial constituency has been included in any municipal body even though the entry of related member is recorded in any other electoral roll.] [Substituted by Uttarakhand Act No. 10 of 2019.]

(b)

Where any person ceases to be a member of a Zila Panchayat under sub-section (1) he shall also cease to hold any office to which he may have been elected, nominated or appointed by reasons of his being a member thereof.

(5)

Decision on question as to disqualification. - If any question arises as to whether a person has become subject to any disqualification mentioned in any section of this Act, the question shall be referred to the prescribed authority for the decision and his decision shall, subject to the result of any appeal as may be prescribed, be final;Provided that if the name of any person struck off from the electoral roll of Zila Panchayat by reason of any such disqualification shall forthwith be reinstated in that roll, if such disqualification is, during the period such electorol roll is in force, removed under any law authorizing such removal.

(6)

Prohibition of holding more than one seat simultaneously. - Any person shall not be candidate in the election from one or more territorial constituencies election areas in the Zila Panchayat and nor he may hold one or more post in a Zila Panchayat.

Section 91
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[ Electoral roll for each territorial constituency of Zilla Panchayat. [Substituted by Uttarakhand Act No. 10 of 2019.]

[ Electoral roll for each territorial constituency of Zilla Panchayat. [Substituted by Uttarakhand Act No. 10 of 2019.]

(1)

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

(2)

The electoral roll for the territorial constituency of a Zila Panchayat shall consist of the electoral rolls for all such territorial constituencies of a Kshettra Panchayat or Kshettra Panchayats as are comprised within the territorial constituencies of Zila Panchayat and it shall not be necessary to prepare or revise separately the electoral roll for any such territorial constituency of Zila Panchayat.Provided that any correction, addition or deletion made in the electoral roll after the last date for making nominations for elections to the Zila Panchayat and before the completion of that election shall not be taken into consideration for the purpose of that election.

(3)

Save as otherwise provided by or under this Act, every person whose name is for the time being, included in the electoral roll for the territorial constituency of a Zila Panchayat shall be entitled to vote at any election thereto and be eligible for election to the membership or to any office in the Zila Panchayat:Provided that a person who has not completed the age of twenty one year shall not be qualified to be elected as a member or office bearer of the Zila Panchayat.] [Inserted by Uttarakhand Act No. 10 of 2019.]

Section 129
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Miscellaneous Provisions

Miscellaneous Provisions.

(1)

The forest Panchayats with coordinate to the Gram Panchayat shall implement their business. The State Government for such business shall makes such provisions as may be prescribed with the consent of forest department.

(2)

The State Government shall delegate the financial and administrative powers of the Pradhan, Up pradhan of Gram Panchayat, Pramukh, senior Up Pramukh, Junior Up pramukh of the Kshettra Panchayat and Chairman, Vice chairman, Chief Executive officer and other officers of the Zila panchayat as such as may be prescribed.

(3)

The State Government shall transfer 29 subjects mentioned in the 11th Schedule of the Constitution to the Panchayat as may be prescribed.

(4)

The State Government shall determined as may be prescribed such three separate Schedule for duties and responsibilities of the Gram Panchayat, Kshettra Panchayat and Zila Panchayat as mentioned in the 29 subject in sub section (3).

(5)

The State Government has right to cancel or bar the meetings of the three tiers Panchayats resolutions, made out of jurisdiction and aganist the porvision of this Act and the rules made their under till further order.

(6)

The State Government for aggregation of planning prepared by Panchayats and Nagar Palika at the level of district shall constitute district planning committee. The district planning committee shall Act under the Act /rule made for this purposes.

Disclaimer: This bare act is reproduced for general informational and reference purposes only and does not constitute legal advice. Always verify provisions against the latest official gazette and consult a qualified advocate before relying on any section.