Section 1951

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} (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{(4) if the entry related to any member is removed from the territorial electoral roll or its territorial constituency is partly /completely included in any municipal body, the member/ office bearer of Zila Panchayat shall remain on his office/ post till the cessation of tenure of the concerned Panchayat.} --------------------------------------------------------------------------- 1- Inserted by section 16(a) of UK Act no. 10 of 2019. 2- Subs. by section 5(i) of UK Act no. 9 of 2020. 3- Subs. by section 19(A)(iii) of UK Act no 12 of 2021. 4- Subs. by section 19(B) of UK Act no 12 of 2021. 73 (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. 1{(7) Further bar on holding two office simultaneously- (1) A person shall be disqualified for holding the office of Chairman, Vice-Chairman or member of the Zila Panchayat, if he is- (a) Member of the Parliament or State Legislature; or (b) Pradhan,Up-pradhan or Member of Gram Panchayat, or (c) The Chairman, Vice-Chairman or Member of any Kshettra Panchayat, or 3{(d) The Chairman or Vice-chairman or member of committee of Managment, of any co-operative 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, if shall cease to hold the office of Chairman, Vice- Chairman, or member of the Zila 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 such Chairman, Vice-Chairman or member, as the case may be, shall be deemed casual vacancy.} 2{Electoral roll for each territorial constituency of Zila Panchayat 91 (1) There shall be an electoral roll for each territorial constituency of Zila Panchayat. -------------------------------- 1- Ins. by section 16(e) of UK Act no. 10 of 2019. 2- Subs. by section 17 of UK Act no 10 of 2019. 3- Subs. by section 5(ii) of UK Act no. 9 of 2020. 74 (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. Chapter XVII Zila Panchayat and office bearer and their election Election of Chairman, Vice Chairman 2{***} of Zila Panchayat 92 (1) In every Zila Panchayat a Chairman and a Vice Chairman shall be elected by the elected members of the Zila Panchayat from amongst themselves. (2) The election of Chairman and Vice chairman may be held notwithstanding any vacancy in the office of the elected members of the Zila Panchayat. 1{Reservation for the post of Chairman of the Zila Panchayat 92-A (1) In Zila Panchayats, seats of chairman may be reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes: Provided that the number of seats of Chairman 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 seats as the population of the Scheduled Castes or Scheduled Tribes or Backward Classes of the State bears to the total population of the State and such reserved seats may be allotted by rotation to different Zila Panchayats in such order as may be prescribed : Provided further that the reservation for the Backward Classes shall not exceed fourteen per cent of the total number of seats of Chairman. -------------------------------- 1-Ins. by section 18 of UK Act no. 10 of 2019. 2- Omitted by section 20 of UK Act no 12 of 2021. 75 1{Provided also that if the figures of population of Backward Classes are not available, their population may be determined by carrying out a survey in the prescribed manner.} (2) Not less than one half of the total number of reserved seats under the sub section (1) shall be reserved for the women belongs to 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 Chairman, under sub-section (2), shall be reserved for women and such seats may be allotted in different Zila Panchayats by rotation in such order, as may be prescribed. (4) Reservation for seats of the Chairman 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. 2{Explanation: Nothing in this section shall prevent the persons belonging to the Scheduled Castes, Scheduled Tribes and the Backward Classes and the women from contesting election to unreserved places/ constituency.} The provisions of reservation on the post for Scheduled Castes, Scheduled Tribes, Backward Classes, women in Zila Panchayat 93 In every Zila Panchayat seats shall be reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes and the number of seats so reserved shall, as nearly as may be, bear the same proportion to the total number of seats to be filled by direct election in the Zila Panchayat as the population of the Scheduled Castes or of the Backward Classes bears to the total population of such and such seats may be allotted by rotation to different territorial constituencies in a Zila Panchayat in such order as may be prescribed ; Provided that the reservation for the Backward Classes shall not exceed fourteen per cent of the total number of seats in the Zila 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. (a) Not less than half of the seats reserved shall be reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, respectively; (b) Not less than half of the total number of seats, including the number of seats reserved shall be reserved for women and such seats may be allotted by rotation to different territorial constituencies in a Zila Panchayat in such order as may be prescribed. ----------------------------- 1- Inserted by section 21(i) of UK Act no 12 of 2021. 2- Inst. by section 21(ii) of UK Act no 12 of 2021. 76 (c) 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; Further it is clarified that nothing in this section shall prevent the persons belonging to the Scheduled Castes and the Scheduled Tribes and the Backward Classes and the women from contesting election to unreserved seats. Term of Zila Panchayat and its Office-bearer 94 (1) Every Zila Panchayat shall unless sooner dissolved under this Act, continue for five years from the date appointed for its first meeting and no longer. (2) The term of a member of the Zila Panchayat shall, unless otherwise determined under the provisions of this Act, expire with the term of related Panchayat. (3) Save as otherwise provided in this Act the term of office of a Chairman or Vice chairman of a Zila Panchayat shall commence upon his election and shall extend up to the term of the Zila Panchayat. Mode of election 95 1{The election for the post of member of Zila Panchayat shall be made by Ballot Paper or EVM through the secret ballot procedure: Provided that there shall be no bar on the Panchayats elect unopposed the office holders mentioned in this Section unopposed.} The superintendence of election of Zila Panchayat and constitution of the State Election Commission etc. 96 (1) The Superintendence, direction and control of the conduct of the elections to the office of Chairman, Vice chairman and a Member shall be vested in the State Election Commission. (2) Subject to the superintendence, direction and control of the State Election Commission, the State Election Commissioner shall supervise and perform all functions relating to the conduct of the election Chairman, Vice chairman and Member. (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 Chairman, Vice chairman and Members of a Zila Panchayat. (4) For above purpose there shall be establishment of State Election Commission at State level. -------------------------------- 1- Ins. by section 18 of UK Act no. 10 of 2019. 77 Chapter XVIII Resign, removal, fulfilment of the causal vacancies of the Zila Panchayat officer bearers and internal and external control Resignation of Chairman , Vice Chairman and Members in case of Zila Panchayat 97 (1) A Chairman, Vice Chairman or Member of a Zila Panchayat may by self signature under his hand addressed to Prescribed authority, resign. (2) If resigning Chairman, Vice chairman or member does not withdraw his resignation within ten days than the resignation of Chairman, Vice chairman and member shall be sanctioned by the State Government or Prescribed Authority. The information of such sanctioned resignation shall be forward to the office of the Zila Panchayat. The office of the such Chairman, Vice chairman or members of the Zila Panchayat shall be deemed vacant from the date of sanctioning of the resign by the State Government or prescribed authority. Filling of casual vacancies in Zila Panchayat 98 If a vacancy occurs by reason of death or otherwise in the office of Chairman, Vice chairman or an member of the Zila Panchayat, it shall be filled before the expiration of a period of six months from the date of such vacancy in the manner as the case may be, for the residue of the term of his predecessor : Provided that if on the date of occurrence of such vacancy the residue of the term of the Zila Panchayat is less than six months, the vacancy shall not be filled. Arrangement of Chairman of Zila Panchayat 99 When the Chairman is unable to discharge his functions owing to absence, illness or any other cause, and the office of Vice chairman is vacant, or when the Vice chairman, if any, acting under the provisions of this Act, during a vacancy in the office of Chairman is unable to discharge his functions owing to absence, illness or any other cause, the State Government by order, make such arrangement, as it thinks fit, for the discharge of the functions of the Chairman, until the date on which the Chairman or Vice Chairman , as the case may be resumes his duties. Motion of no- confidence in Chairman or Vice Chairman 100 (1) A written notice of intent on to make the motion, in such form as may be prescribed, signed by not less than one-half of the total number of elected members of the Zila Panchayat for the time being, together with a copy of the proposed motion, shall be delivered in person, by anyone of the three members of elected members signing the notice, to the District Magistrate, prescribed authority having jurisdiction over the Zila Panchayat. (2) give to the elected members notice of not less than fifteen days of such meeting in such manner as may be prescribed. (3) The District Magistrate / Prescribed Authority shall arrange with the District Judge of the district to preside at such meeting. -------------------------- 78 (4) The District Magistrate/ Prescribed authority - (a) convene a meeting of the Zila Panchayat for the consideration of the motion of no confidence at the office of the Zila Panchayat on a date appointed by him, which shall not be later than thirty days from the date on which the notice under sub-section (1) was delivered to him; (b) give to the elected members notice of not less than fifteen days of such meeting in such manner as may be prescribed; Provided that the District Judge may instead of presiding him- self direct a civil judicial officer not below the rank of a Civil judge subordinate to him to preside the meeting. (5) If within half an hour from the time appointed for the meeting such officer is net present to preside at the meeting, the meeting shall stand adjourned to the date and time to be appointed by him under sub-section (6). (6) If the officer mentioned in sub-section (3) is unable to preside at the meeting, he may, after recording his reasons, adjourn the meeting to such other date and time as he may appoint, but not latter than 25 days from the date appointed for the meeting as referred in sub-section (2) he shall without delay inform the presiding authority in writing of the adjournment of the meeting. The precribed authority shall give to the elected members at least ten days notice of the next meeting in the manner prescribed under sub-section 4 (b). (7) Save as provided in Sub-sections (2) and (6) a meeting convened for the purpose of considering a motion under this section shall not be adjourned. (8) As soon as the meeting convened under this section commences, the Presiding officer shall read to the Zila Panchayat the motion for the consideration of which the meeting has been convened and declare it to be open for debate. (9) No debate on the motion under this section shall be adjourned. (10) Such debate shall automatically terminate on the expiration of two hours from the time appointed for the commencement of the meeting, if it is not concluded earlier. On the conclusion of the debate or on the expiration of the said period of two hours, whichever is earlier, the motion shall be put to vote which shall be held in the prescribed manner by secret ballot. (11) The Presiding officer shall not speak on the merits of the motion and he shall not be entitled to vote thereon, ------------------------------------- 79 (12) A copy of the minutes of the meeting together with a copy of the motion and the result of voting thereon shall be forwarded forthwith on the termination of the meeting by the presiding officer to the State Government, Commissioner and to the District Magistrate. (13) If the motion is passed with the support of not less than two- thirds of the total number of elected members of the Zila Panchayat for the time being- (a) the presiding officer shall cause the fact to be published by affixing forthwith a notice thereof on the notice board of the office of the Zila Panchayat; and (b) the Chairman or the Vice Chairman , as the case may be shall cease to hold office as such and vacate the same and from the date on which the said notice is affixed on the notice board of the office of the Zila Panchayat; Provided that in computing the period of thirty days specified in sub-section (a), the period during which a stay order, if any, issued by a competent court on a petition filed against the motion made under this section is in force plus such further time as may be required in the issue of fresh notice of the meeting to the members shall be excluded; Provided further that motion of any no confidence against the Chairman, Vice chairman shall not introduced- (1) within the period of one year from such date when he join his office; (2) within the period of preceding six months from such date when his tenure as the case may be terminate; (3) from such date in which the no confidence motion was rejected within the period of one year. Powers of State Government in case of default of Zila Panchayat 101 (1) If at any time, upon representation made or otherwise, it appears to the State Government that a Zila Panchayat, or joint Committee, or other Committee of the Zila Panchayat has made default in performing a duty imposed on it by or under this or any other enactment, the State Government may, by order in writing, fix a period for the performance of that duty. (2) If that duty is not performed with the period so fixed, the State Government, may appoint the District Magistrate, or any other competent authority to perform it and may direct that the expense, if any, of performing the duty shall be paid, within such time as may be fixed by the District Magistrate or any other person authorized by the State Government in this behalf, by the Zila Panchayat. ----------------------------------- 80 (3) If the expense is not so paid, the District Magistrate or any, other person authorized by the State Government in this behalf with the previous sanction of the State Government may, make an order directing the person having the custody of the Gram Nidhi, Kshettra Nidhi and Zila Nidhi to pay the expenses from such fund. Consequence of dissolution of Zila Panchayat 102 The following consequences shall follow by the dissolution of Zila Panchayat-: (a) all members of the Zila Panchayat including the Chairman shall, on a date to be specified in the order, vacate their offices as such but without prejudice to their eligibility for being elected as a member or as an Chairman under this Act. (b) such person or persons as the State Government may appoint in that behalf shall so long as the Zila Panchayat is not recomputed exercise and perform, so far as may be, the powers and duties of the Zila Panchayat and shall be deemed to be the Zila Panchayat for all purposes. Chapter XIX Meetings and functions, powers and administration of Zila Panchayat Meetings of Zila Panchayat 103 (1) (a) A Zila Panchayat shall meet for the transaction of business at least once in every three months. (b) The Chairman or in his absence, the Vice Chairman may convene a meeting of the Zila Panchayat whenever he thinks fit and shall, upon a requisition made in writing by not less than one-fifth of the members of Zila Panchayat and served on the Chairman or sent by registered post acknowledgment due, addressed to the Zila Panchayat at its office, convene a meeting of the Zila Panchayat within a period of one month from the date of the service or receipt of such requisition. (c) A meeting may be adjourned until the next or any subsequent day, and an adjourned meeting shall be conducted within a month. (d) Every meeting shall be held at the office of the Zila Panchayat or at some other convenient place within the boundaries of district of which notice has been duly given. (e) The quorum for the meeting of Zila Panchayat shall be one third of elected members. For any adjourned meeting the quorum shall be one third but on incomplete quorum of meeting also in second time than the quorum for next meeting shall be one fifth; Provided that for convened meeting agenda shall be as it is; Provided further that is case of necessity the special meeting of the Zila panchayats may be conducted. ------------------------------- 81 (2) Procedure of etc. meetings of the Zila Panchayat- The following matters relating to meetings of Zila Panchayat shall be governed by rules:- (a) transaction of business at the meeting ; (b) quorum for transaction of business ; (c) presiding over the meeting in the absence of Chairman and the Vice Chairman ; (d) asking of questions by members; (e) notice of meeting; (f) maintaining the order at the meeting; (g) decision by vote ; (h) minute book and resolutions; (i) right of government servants, persons authorized by the State Government and other persons to attend and take part in discussions ; (j) right of officers of the Zila Panchayat in regard to meetings ; (k) right of Zila Panchayat to require attendance of servants of the State Government to attend its meetings ; (l) right of the Zila Panchayat to require reports, returns; etc. from the Kshettra Panchayat Secretary, Block development officer and chief officer ; and (m) other incidental matters which need or ought to be prescribed. (3) The Zila Panchayat may require the Chairman or the Chief Officer may require the produce of any in its meetings- (a) any return, statement, estimate, statistics or other information regarding any matter pertaining to the administration of the Zila Panchayat as the case may be ; (b) a report or explanation of any sub-committee; and (c) any report, correspondence or plan or other document or a copy thereof which is in his possession or control as Chairman, Kshettra Panchayat secretary, block development officer and Chief Officer or which is recorded or filed in the office of the Zila Panchayat or the or of any servant of the Zila Panchayat, as the case may be. -------------------------------- 82 (4) Nothing in the Act, entitle a Kshettra Panchayat or Zila Panchayat to exercise within the limits of any Nagar Mahapalika, municipality, notified area, cantonment or town area any authority which is vested in the Nagar Mahapalika, municipal board, notified area committee, cantonment board, District Magistrate, any other magistrate or town area committee, as the case may be, but the Zila Panchayat may nevertheless-- (a) construct, maintain and control any school, library, hospital, dispensary, poor house, asylum, orphanage, inspection house or other building or institution within the aforesaid limits which is not maintained exclusively for the benefit of persons residing within the aforesaid limits, and (b) do anything within the aforesaid limits the doing of which is necessary for the efficient discharge of its functions under this Act Powers, functions and duty of Zila Panchayat 104 (1) To prepare annual plan and forward to the District Planning Committee for hold district with the including of the annual planning of Kshettra panchayat and economic development, social justice of the district or programs assigned to him by the State or Central Government. (2) To monitoring evaluation, monitoring and guiding of activities of the Kshettra panchayat and Gram Panchayat. (3) To passing annual plans and budget of the Kshettra panchayat. (4) To participate in the recognized and registered institutions for the public interest works who is operated at the level of Centre and State. (5) to conduct and manage of symposium for empowerment from public interest and democratic system and exhibitions, fears, training for Panchayat officers for strengthen to the incentive and democratic procedures related all three levels of Panchayati Raj of the district. (6) to provide economical and other help to any person, institutions and committees within the work area for related activities of Panchayati Raj. (7) to keep control on the works, administration and budget of the Panchayat and to distribute allotted money by the Central Government on the basis of prescribed procedure and standard to the Gram Panchayat, Kshettra panchayat and concerning departments. (8) to classify fairs and festivals, other than those that are or may hereafter be managed by the State Government as fairs, Gram Panchayat, Kshettra Panchayat as Zila Panchayat fairs and festivals for purpose of management and control by Gram Panchayats, Kshettra Panchayat and Zila Panchayat respectively. --------------------------------- 83 (9) to categorized as a Haat market of Haat of Gram Panchayat and markets and Zila Panchayat Haat markets to working Haat and market of the rural area. (10) to categorized as a village road, inter village road and district road respectively for the purposes of management, maintenance and construction by the Gram Panchayat , Kshettra Panchayat and Zila Panchayat. (11) to act, subject to the rules made in this behalf, as the main channel of correspondence between the State Government on the one hand and the Kshettra Panchayats and Gram Panchayats on the other. (12) to perform other duties and powers conferred and delegated by the provisions of this Act, and duties and powers conferred, assigned time to time by the State Government. Preparation of plans by Zila Panchayat 105 (1) A Zila Panchayat shall prepare every year a development plan for the district after including the development plans of the Kshettra Panchayats of the district. 1{(2) The plan referred in sub-section (1) shall be prepared by the planning and development committee of the Zila Panchayat and the Chief Executive officer shall put that plan before the remaining five committees mentioned in section 112 of the Act, which may make such recommendation regarding it, as it may deem proper. (3) The Chairman shall put the plan before the Zila Panchayat with the recommendation if any of the five committees mentioned in sub- section (2) who may approve it in such a manner as it may deem proper and shall produce it to District Planning Committee mentioned in article 243 Z D of the Constitution of India upto such date as may be prescribed.} Powers of Zila Panchayat to make bye-laws 106 (1) A Zila Panchayat may, and where required by the State Government shall, make bye-laws for its own purposes and for the purposes of 2{Kshettra Panchayats}, applicable to the whole or any part of the rural area of the district, consistent with this Act and with any rule, in respect of matters required by this Act to be governed by bye-laws and for the purposes of promoting or maintaining the health, safety and convenience of the inhabitants of the rural area of the district and for the furtherance of the administration of this Act in the Khand and the district. (2) In particular and without prejudice to the generality of the powers conferred by sub-section (1), a Zila Panchayat may, in the exercise of the said powers, make any bye-laws described in the list below – ---------------------------------------------- 1- Substituted by section 22 of UK Act no 12 of 2021. 2- Subs. by section 23 of UK Act no 12 of 2021. 84 A- Construction (a) Declaring of any specific kind of alteration to be a "material alteration" ; (b) Prescribing that, on payment of fees in accordance with such scale as is specified in this behalf plans and specifications shall be obtainable from the Zila Panchayat ; (c) Fixing with reference to the period for which a sanction shall remain in force; (d) Prescribing the type and description of building which may or may br erected and the purpose for which a building may or may not be erected in any prescribed area or areas within a controlled rural area; (e) Prescribing the circumstances in which a temple mosque church or other sacred building may or may not be erected, re-erected or altered in a controlled rural, area ; (f) Prescribing with reference to the erection, re-erection or alteration of buildings, or any class of buildings, all or any of the following matters:- (1) the materials and method of construction to be used for external and party walls, roofs and floor; (2) the position and, the materials to be used in and method of construction of fire-places, chimneys, drains, latrines, privies, urinals and cesspools ; (3) the height and slope of the roof of the top floor upon which human beings are to live or cooking operations are to be carried on; (4) the ventilation and space to be left around the building to secure free circulation of air and to facilitate scavenging and for prevention of fire ; (5) the level and width of foundation, level of lowest floor and stability of structure : (6) the number and height of storeys constructed in the building; (7) the means to be provided for, exit from the building in case of fire ; (8) any other matter affecting the ventilation or sanitation of building ; and (9) the conditions subject to which, sanction for the construction or alteration of a well may be refused or granted, with a view to prevent pollution of water or danger to any person using the well. (g) Regulating in any manner not specifically provided in this Act, the erection of any enclosure, wall, fence, tent, owning, or other 85 structure, of whatsoever kind of nature, on any land within a controlled rural area. B-Drains, latrines, pipes, cesspools, etc. (a) Regulating in any manner not specifically provided in this Act, the construction, alteration, maintenance, reservation, cleansing and repair of drains, ventilation shafts and pipes, water closets, privies, latrines, urinals, cesspools and other drainage works ; (b) regulating or prohibiting the discharge into drains, or deposit therein, of sewage, sullage, polluted water and other offensive or obstructive matter. C-Streets (a) Determining the information and plans to be furnished to the Zila Panchayat; (b) permitting, prohibiting or regulating the use or occupation of any or all public streets or places by itinerant vendors by or by any person for the sale of articles, or for the exercise of any calling or for the Betting up of any booth or stall and providing for the levy of fees for such use or occupation; (c) regulating the conditions on which permission may be given by the Kshettra Panchayat for projections over streets and drains and by the Zila Panchayat for the temporary occupation of streets. D-- Markets, slaughter-houses, sale of food, etc. (a) Prohibiting the use of any place as a slaughter-house, or as a market or shop for the sale of animals intended for human food or of meat, or of fish, in default of a licence granted by the Zila Panchayat or otherwise than in accordance with the conditions of a licence so granted; (b) prescribing the conditions subject to which and the circumstances in which, and the areas or localities in, respect of which licences for such use may be granted, refused, suspended or withdrawn; (c) providing for the inspection of, and regulation of the conduct of business, in, a place used as aforesaid so as to secure Cleanliness therein or to minimize any injurious, offensive or dangerous, effect arising or likely to arise therefrom; (d) providing for the establishment, and for the regulation and inspection of markets and slaughter-houses, of livery stables, of on-camping grounds, of sarais of flour-mills, of bakeries, of places for the manufacture, preparation or sale of specified article of food or drink, or for keeping or exhibiting animals for sale or hire or animals of which the produce is sold, and of 86 places of public entertainment or resort, and for the proper and cleanly conduct of business therein; and (e) prescribing the conditions subject to which, and the circumstances in which, and the areas or locality in respect of which, licences for the purposes of sub-head (D) may be granted, refused, suspended or withdrawn, and fixing the fees payable for such licences, and prohibiting the establishment of business places, mentioned in sub-head (D) in default of licence granted by the Zila Panchayat or otherwise than in accordance with the conditions of a licence so granted E-Offensive trades (a) Except where and so far as is inconsistent with anything contained in the Petroleum Act, 1934 (Act no 30 of 1934), or in rules made thereunder, prohibiting the use of any place, in default of a licence granted by the Zila Panchayat or otherwise than in accordance with the conditions of licence so granted, as a factory or other places of business- (i) for boiling and storing offal, blood, bones, guts or rags, (ii) for the manufacture of leather or leather goods, (iii) for melting tallow or sulphur, (iv) for burning or baking bricks, tiles, pottery or lime, (v) for soap-making, (vi) for oil-boiling, (vii) for storing hay, straw, thatching grass, wood, coal or other dangerously inflammable material, (viii) for storing petroleum or any inflammable oil or spirit, (ix) for storing and pressing cotton and cotton refuse, (x) for any other purpose if such use is likely to Cause a public nuisance or involve risk of fire ; (b) prescribing (but not so as to derogate from any powers conferred on a Zila Panchayat by sub- section (b) of section 106 the circumstances in which and the areas or localities in respect of which licences may be granted, refused, suspended or withdrawn; and (c) providing for the inspection and regulation of the conduct of business in a place used as aforesaid, so as to secure cleanliness therein or to minimize any injurious, offences or dangerous effect arising or likely to arise therefrom. F-Public safety and convenience (a) Providing for the regulation or prohibition of any description of traffic in the streets where such regulation or prohibition appears, to the Zila Panchayat to be necessary; 87 (b) imposing the obligation of taking out licences on the proprietors or drivers of vehicles (other than motor vehicles), boats or animals kept or plying for hire, or .on persons hiring themselves out for the purpose of carrying loads within the limits of the rural area of the district, and fixing the fees payable for such licences and the conditions on which they are to be granted and may be revoked; (c) fixing and regulating the use of place at which boats may be moored, loaded and unloaded, and prohibiting the mooring, loading and Unloading of boats except at such places as may be prescribed by the Zila Panchayat; (d) providing for the seizure and confiscation of ownerless animals straying within the limits of the rural area of the district ; (e) prohibiting or regulating, with a view to promoting the public safety or convenience, any act by which public nuisance arises or is likely to arise and there is no provisions is made under this heading for its prohibition or regulation; (f) promoting and regulating supply of drinking water. G-Sanitation and prevention of disease (a) Controlling and regulating the use and management of burial and burning grounds and fixing the fees to be charged where such grounds have been provided by the Zila Panchayat, and prescribing or prohibiting routes for the removal of corpses to burial or burning grounds ; (b) regulating sanitation and conservancy ; (c) providing, in default of a bye-law not made under the preceding sub-head, for the registration and inspection of lodging houses, the prevention of overcrowding, prescribing the notices to be given in the case of any infectious or contagious disease breaking out therein and generally for the proper regulation of lodging houses; (d) prohibiting or regulating, with a view to sanitation or the prevention of disease, any act which occasions, or which is likely to occasion, a public nuisance and for the prohibition or regulation of which no provisions is made under this heading. H - Miscellaneous (a) Prohibiting or regulating any act which occasions is likely to occasion or is public nuisance, for the prohibition or regulation of which no provisions is made elsewhere by, or under this Act; (b) providing for the registration of births, deaths and marriages, and the taking of census within the rural area and for the compulsory supply of such information as may be necessary to 88 make-such registration or census effective ; (c) for the protection from injury or interference of. anything within the rural area being the property of Government or of the Zila Panchayat or a Kshettra Panchayat or being under the' control of the Zila Panchayat or a Kshettra Panchayat ; (d) providing for the holding of fairs and industrial exhibitions within the, rural area of the district and under the control of the Zila Panchayat or the Kshettra Panchayat, and fixing the fees to be levied thereat; (e) requiring and regulation the appointment by owners of buildings and lands in the rural area of the district of persons residing within or near the said area to act as their agents for all or any of the purposes of this act or of any rule or bye-laws; (f) specifying the records and documents belonging to, or in the possession of, the Zila Panchayat or the Kshettra Panchayat of which inspection may be made or copies given and the charges to be levied for inspection of copies of such records and documents; and regulating inspection and the giving of copies; (g) providing for the granting of licences for the sale and for the dispensing of medicinal drugs; (h) providing for the registration and control of midwives / dias publicly practicing their profession; (i) providing for the establishment and maintenance of maternity, centres and child welfare clinics ; (j) providing for establishment, maintenance and grant -in-aid to institutions of physical culture ; (k) regulating poor houses, orphanages, libraries, asylums, veterinary hospitals, markets, inspection houses, public parks and gardens and other public institutions ; (l) regulating fairs, cattle markets, agricultural shows and industrial exhibitions held under the authority of a Zila Panchayat or a Kshettra Panchayat or otherwise, to which the public is allowed access; (m) prohibiting the obstruction of any streams, channels, or drains under the control of the Zila Panchayat or a Kshettra Panchayat and providing for the removal of any such obstruction ; (n) for removing, demolishing, or securing dangerous buildings, trees or places ; (o) providing for the destruction of unclaimed, diseased or rabid dogs and noxious animals; (p) prescribing conditions for the inspection of the minute books of the Zila Panchayat or a Kshettra Panchayat and assessment 89 lists of the Zila Panchayat ; (q) prohibiting the discharge of the water of any sink, drain, steam engine or boiler, or of any filthy, offensive or injurious matter into any river, tank or other source of water supply, or into any specified portion thereof ordinarily used for drinking or bathing purposes. Powers and Penalties in Respect of Buildings, Public Drains and Streets, etc. Regulation of Building 106(b) Definitions- For the purposes of this Chapter- (a) "Appropriate authority" shall mean the Kshettra Panchayat if the subject comes within the functional jurisdiction of the Kshettra Panchayat and the Zila Panchayat in other cases; (b) "Kshettra Panchayat" shall, in relation to any part of the rural area including controlled rural area, mean the Kshettra Panchayat exercising jurisdiction in such part. 106(c) Limitation to application of certain sections of this Chapter- (1) Without prejudice to any other provisions of this Act, the provisions of sections 106(d), 106(e), 106(f), 106(g), 106(h), 106(i), 106(j), 106(k), 106(l), 106(n), 106(o), 106(p), 106(r), 106(s), 106(t), 106(aa),106(ab),106(ac), 106(ad), ac106(af), 106(ag), 106(bi), 106(bn) and 106 (bp) of this Chapter shall apply only to those portions of the rural area as have been specified by the Zila Panchayat under this section. (2) A Zila Panchayat may by resolution declare that the provisions of the sections mentioned in sub-section (1) or anyone or more of them shall apply to any portion of the rural area of the district to be specified in the resolution and thereupon the provisions of the sections mentioned in the resolution shall apply to the area so specified which shall be called controlled rural area; Provided that public notice of the resolution has been given to the residents of the controlled rural area in such manner as may be prescribed by rules. 106(d) Construction or alteration of building after notice and according to bye-laws- (1) No erection or re-erection of a building or material alteration in an existing building or making or enlarging a well within a controlled rural area abutting on or adjacent to a public street or place or property vested in Government or in the Zila Panchayat or Kshettra Panchayat shall be carried out except in accordance with the directions of any rule made by Government or bye-law made by the Zila Panchayat and shall not be commenced unless written notice thereof has been tendered to the Kshettra Panchayat not less than of 90 one month in advance, with such details of the proposed construction or alteration as may be required by bye-laws to be furnished alongwith such notice. (2) An alteration in a building shall, ,for the purpose of this Chapter and of any rule or bye-laws, be deemed to be material if- (a) it affects or is likely to affect prejudicially the stability or safety of the building or the' condition ,of the building in respect of drainage, ventilation, sanitation or, hygiene, or (b) it increases or diminishes the height or area covered by or cubical capacity of the building or reduces the cubical capacity of any room in the building-below the minimum prescribed in any bye-law, or (c) it converts into a place for human habitation a building or portion of a building originally constructed for other purposes, or (d) it is an alteration declared by a bye-law made in this behalf to be material alteration. Sanction or Refusal of Work by Kshettra Panchayat 106(e) Sanction of work by Kshettra Panchayat- (1) Subject to the provisions of any bye-law the Kshettra Panchayat may either refuse to sanction any work of which notice has been given under section 1{106(d)} or may sanction it absolutely or subject to- (a) any written direction that the Kshettra Panchayat deems fit to issue in respect of all or any of the matters mentioned in sub-head (f) of heading ‘A' of sub-section (2) of section 106(a), or (b) any written direction requiring the set-back of the building or part of a building to the regular line of the street, prescribed under 2{section 106(a k)}, or in default of any regular line prescribed under that section to the line of frontage of any neighboring building or buildings. (2) In the case of refusal to sanction under sub-section (1), the Kshettra Panchayat shall communicate in writing the reasons for such refusal to the person giving notice under section 106(d). ---------------------------------------------- 1- Substituted by section 24(i) of UK Act no 12 of 2021. 2- Subs. by section 24(ii) of UK Act no 12 of 2021. 91 (3) If the Kshettra Panchayat neglect or omit for one month after the receipt of valid notice under section 106(d) to make and deliver to the person who has given such notice an order of the nature specified in sub-section (1) in respect thereof, such person may by written communication call the attention of the Kshettra Panchayat to the omission or neglect, and, if such omission or neglect continues for a further period of one month, the Kshettra Panchayat shall be deemed to have sanctioned the proposed work absolutely. 106(f) Duration of sanction- (1) A sanction given or deemed to have been given by a Kshettra Panchayat under section 106(e) shall be available for three years or for such lesser period as may be prescribed by bye-law. (2) After the expiry of the said period the proposed work may not be commenced without a sanction under the foregoing section. 106(g) Inspection of work requiring sanction- The Pramukh, the Block Development Officer and, if authorized in this behalf by resolution of the Kshettra Panchayat , any other member, officer or servant of the Kshettra Panchayat may at any time and without warning inspect any work in respect of which notice is required under section 1{106(d)}- (a) while under construction, or (b) inspect within one month of the receipt of a report that it has been completed or in default of such report, at any time after completion. 106(h) Compensation for damage sustained through order passed- Notwithstanding anything contained in this Act, a person giving notice under section 106(d) shall not be entitled to any compensation for damage or loss sustained by reason of an order passed by a Kshettra Panchatyat under section 106(e) unless-- (a) the order is passed on some ground other than that the proposed work would contravene a bye-law or be prejudicial to the health or safety of the public or any person; or (b) the order not provide a direction of nature or safety of public or any person as specifed in clause (a); or (c) the order not contains a direction, of the nature specified in clause (b) of sub-section (1) of section 106(e), or (d) the order is an order of refusal to sanction the re-erection of a building on the ground that it is unsuitable in plan or design to the locality or is intended for a purpose unsuitable to the locality, or contravenes a bye-laws. -------------------------------------------------------------- 1- Substituted by section 25 of UK Act no 12 of 2021. 92 106(i) Effect of sanction under section 106(e)- (1) A sanction given or deemed to have been given under section 106(e) shall not, beyond exempting the person to whom the sanction is given or deemed to have been given from any penalty or consequence to which he would otherwise be liable under section 106(j), 106(k) or 106(a k), confer or extinguish any right or disability or operate as an estoppels or admission or affect any title to property or have any other legal effect whatsoever. (2) In particular, such sanction shall not operate to relieve any person from the obligation imposed by section 106(a a) to obtain separate sanction for any structure referred to therein. 106(j) Illegal erection or alteration of building- Whoever begins, continues or completes the erection or re-erection of, or any material alteration in, a building or part of a building or the construction or enlargement of a well, without giving the notice required by section 106(e) or in contravention of the provisions of an order of the Kshettra Panchayat refusing sanction or any written directions made by the Zila Panchayat any bye-law, shall be liable upon conviction to a fine which may extend to five hundred rupees. 106(k) Powers of Kshettra Panchayat to stop erection and to demolish building erected- The Zila Panchayat may at any time by written notice direct the owner or occupier of any land to stop the erection, re-erection or alteration of a building or part of a building or the construction or enlargement of a well thereon in any case where the considers that such erection, re-erection, alteration construction or enlargement is an offence under section 106(j) and may, in like manner direct the alteration or demolition, as it deems fit, of the building, part of a building or the well, as the case may be. Public Drains 106(l) Public Drains- The Zila Panchayat may construct within the controlled rural area such drains as it thinks necessary for keeping an inhabited area properly cleansed and drained and may carry such drains through, across or under any street or place, and after reasonable notice in writing to the owner or occupier, into, through or under any building or land; Provided that compensation estimated in the in manner provided by rules shall be paid to such owner or occupier. 106(m) Alteration of public drains- (1) The Zila Panchayat may, from time to time, enlarge, lessen, alter the course of, cover or otherwise improve a public drain and may discontinue, close up or remove any such drain. (2) The exercise of the powers conferred by sub-section (1) shall be subject to the condition that the Zila Panchayat shall provide another 93 and equally effective drain in place of any existing drain of the use of which any person is deprived by the exercise of the said powers 106(n) Use of public drains by private owners- (1) The owner or occupier of a building or land within the rural area shall be entitled to cause his drains to empty into the drains of the 1{Kshettra Panchayat} ; Provided that he first obtains the written permission of the Kshettra Panchayat, and that he complies with such conditions consistent with any bye-laws which the 1{Kshettra Panchayat} prescribes as to the mode in which, and the superintendence under which the communications are to be made between drains not vested in the Kshettra Panchayat and drains which are so vested. (2) Whoever, without the written permission of the 1{Kshettra Panchayat}or in contravention of any bye-law or of any direction or condition made or imposed under sub-section (1), makes or causes to be made, or alters or causes to be altered a connection of a drain belonging to himself or to some other persons with a drain vested in the 1{Kshettra Panchayat}, shall be liable upon conviction to a fine which may extend to fifty rupees, and the 1{Kshettra Panchayat}may by written notice require such person to close, demolish, alter, remake or otherwise deal with such connection as it deems fit. Street Regulations 106(o) Provisions of laying out and making a street before the construction of building on a site which does not abut a public or private street- Except where a site abuts a public or private street, if any person owning or possessing any land in a controlled rural area not thereof used for building purposes intends to utilize, sell lease or otherwise transfer such land or any portion thereof as site for the construction of a building he shall before utilizing, selling, leasing or otherwise transferring such site layout and make a street which shall connect such site with an existing public or private street. 106(p) Permission to lay out and make a street- (1) Every person before beginning to layout or make a new private street in a controlled rural area shall submit a application in writing to the Kshettra Panchayat seeking permission to layout or make such street and shall alongwith such. application submit the following particulars : (a) the proposed level, direction and width of the street, (b) the street alignment and the building line, and shall also state in the application the arrangement to be made for levelling, paving, medaling, flagging, channeling and draining of the street. ---------------------------------------------- 1- Subsitiuted by section 26 of UK Act no 12 of 2021. 94 (2) The provisions of this Act and of any rules or bye-laws made thereunder as to the level and width of a public street and the height or a, building abutting thereon shall also apply to the case of a street referred to in that sub-section (1); and all other particulars referred to in that sub-section shall be subject to the approval of the Kshettra Panchayat. (3) Within sixty days after the receipt of an application under sub- section (1) the Kshettra Panchayat shall either sanction the laying out or the making of the street on such conditions as it may think fit to impose or disallow it or ask for further information with respect to it within a specified reasonable period. (4) Such sanction may be refused if - (i) the proposed street would conflict with any arrangements which have been made or which are, in the opinion of the Kshettra Panchayat, likely to be made for carrying out any general scheme of street Improvement; or (ii) the proposed street does not conform to the provisions of the Act, rules and bye-laws referred to in sub-section (2); or (iii) the proposed street is not designed so as to connect at least one end with a public street. (iv) No persons shall layout or make any new private street or road without, or otherwise than in conformity with, the order of the Zila Panchayat. If further information is asked for under sub- section (3) the laying out or making of the street shall not be commencement until orders have been passed on the application after receipt of such information; Provided that the passing of such orders shall not in any case be delayed by more than thirty days after the Kshettra Panchayat has received all the information which it considers necessary for the final disposal of the application. 106(q) Sanction of the Zila Panchayat to be presumed for laying out and making a street in certain case- If the Zila Panchayat neglect or omit for sixty days after the receipt of an application under section 106(p) to grant the sanction or if an order has been issued under sub- section (3) of the said section asking for further information fails within a period specified in such order to deliver to the person who has submitted the application, particulars of the information required by the Zila Panchayat such person may by, a written communication call the attention to the omission, neglect or failure and if such omission, neglect or failure continues-for a further period of thirty days, the Zila Panchayat shall be deemed to have sanctioned the laying out and making of the proposed street absolutely: Provided that nothing contained herein shall be construed 95 to authorize any person to act in contravention of any provisions of the Act or any bye-laws. 106(r) Duration of sanction- (1) A sanction given or deemed to have been given by the Kshettra Panchayat under section 106(p) and 106(q) shall be valid for one year. (2) After the expiry of the said period the proposed street may not be commenced without sanction under the foregoing sections. 106(s) Illegal construction of a street- Whoever begins, continues or completes the laying out or construction of a street without giving the notice required by section 106(p)or in contravention of any written direction made by the Zila Panchayat under section 106(q) or any bye-law or any provisions of this Act shall be liable upon conviction to a fine which may extend to five hundred rupees. 106(t) Powers of Kshettra Panchayat to alter unsanctioned street and demolish the same- (1) If any person lays out or makes any street referred to in section 106(p) without or otherwise than in conformity with the orders of may notwithstanding any prosecution which may have been started against the offender under this Act, by notice in writing- (a) require the offender to show sufficient cause by a written statement signed by him and sent to the Zila Panchayat on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the Kshettra Panchayat or if such alteration be impracticable why such street should not be demolished, or (b) require the offender to appear before the Kshettra Panchayat either personally or by a duly authorized agent on such day and at such time and place as may be specified in the notice and show cause as aforesaid. (2) If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the Zila Panchayat than Kshettra Panchayat may pass such order directing the alteration or demolition of the street as it thinks fit. 106(aa) Sanction of Zila Panchayat to projections over streets and drains- (1) Subject to any rules made by the State Government prescribing the conditions for the sanction by a Zila Panchayat of projections over streets or drains in a controlled rural area, a Kshettra Panchayat may give written permission, where provisions is made by a bye-law for the giving of such permission-- (a) to the owners or occupiers of buildings in or on streets to erect or re-erect open verandahs, balconies, or rooms to project over the street from any upper storey thereof, at such 96 height from the surface of the street, and to such an extent beyond the line of the plinth or basement wall as are prescribed in such bye-laws; and (b) to the owner or occupier of any building or land to erect or re-erect any projection or structure so as to overhang project into, or encroach on or over a drain in a street to such an extent, and in accordance with such conditions, as are in like manner prescribed. (2) In giving permission, under clause (a) of sub-section (1) a Kshettra Panchayat may prescribe the extent to which, and the conditions under which any roofs, caves, weather boards, shop- boards and such other like things may be allowed to project over such streets. 106(ab) Penalty for construction of projection over streets or drains without permission- Any person erecting or re-erecting any such projection or structure as is referred to in section without the permission thereby required or in contravention of any permission given thereunder shall be liable on conviction to a fine which may extend to fifty rupees. 106(ac) Powers to remove encroachments and projections over streets and drains- The Zila Panchayat may, by notice, require the owner or occupier of a building to remove, or to alter a projection or structure overhanging, projecting into or encroaching on a street, or into, on or over any drain, sewer or aqueduct therein; Provided that in the case of any such projection or structure lawfully in existence on or before the commencement of this Act the Kshettra Panchayat shall make compensation for any damage caused by the removal or alteration, which shall not exceed three times the cost of erection and demolition. 106(a d) Powers to require leveling, paying, etc. of streets- (1) If in the controlled rural area any private street or part thereof is not, leveled, paved, metalled, flagged, channelled or drained to the satisfaction of the Kshettra Panchayat, the Kshettra Panchayat may by notice require the owners or occupiers of premises fronting, or abutting such street or part thereof to carry out work which in its opinion may be necessary, and within such time as may be specified in such notice. (2) If such work is not carried out within the time specified in the notice, the Zila Panchayat may, if it thinks fit, execute it and the expenses incurred shall be recovered from the owners or occupiers in default under Chapter VIII according to the frontage of their respective premises and in such proportion as may be settled by the Kshettra Panchayat. (3) If any street has been leveled, paved, metalled, flagged, channeled and drained under the provisions of the preceding sub-section, such 97 streets shall, on the requisition of not less than three fourths of the owners thereof, be declared a public street. 106(a e) Powers to require the projection of streets during erection of buildings, etc.- (1) No person shall cut down any tree or cut off a branch of any tree, or erect or re-erect or demolish any building or part of a building or alter or repair the outside of any building where such action is of a nature to cause obstruction, danger or annoyance, or risk of obstruction, danger or annoyance to any person suing a street, without the previous permission in writing of the Kshettra Panchayat. (2) The Kshettra Panchayat may at any time by notice require that any person doing or proposing to do any of the acts referred to in sub-section (1) shall refrain from beginning or continuing the act unless he puts up, maintains and provides from sunset to sunrise with sufficient lighting such hoardings or screens as are specified or described in the notice, and may further at any time by notice require the removal, within a time to be specified in the notice, of any screen or hoarding erected in anticipation or in pursuance of any of the said acts. (3) Whoever contravenes the provisions of sub-section (1) shall be liable on conviction to a fine which may extend to fifty rupees and to a further fine which may extend to fifty rupees for every day on which contravention continues after the date or the first conviction. 106(a f) Powers to require trimming of hedges and trees- The Zila Panchayat may, by notice, require the owner or occupier of any land in a controlled rural area to cut or trim the hedges growing thereon and bordering on a street or any branches of trees growing thereon, which overhang a street obstruct the same or cause danger. 106(a g) Powers to remove accidental obstructions- When a private house, wall or other erection or anything fixed thereto or a tree shall fall down and obstruct a public drain or encumber a street the Kshettra Panchayat may remove such obstruction or encumbrance at the expense of the owner of the same and may recover such expense in the manner provided by Chapter VIII, or may, by notice require the owner to remove the same within a time specified in the notice. 106(a h) Regulation of troughs and drain water pipes and drain water pipes affecting a street- The Zila Panchayat may, by notice, require the owner or occupier of any building or land abutting on a street to put up and keep in good condition proper troughs and pipes for receiving and carrying off the water from the building or land and for discharging the same in such manner as the Kshettra Panchayat may think fit, so as not to inconvenience persons passing along the street. 98 Public Streets 106(a i) Powers to construct, improve and provide sites on public streets- A Zila Panchayat or a Kshettra Panchayat may-- (a) layout and make a new public street and construct tunnels and other works subsidiary to the same ; (b) widen, lengthen, extend, enlarge or otherwise improve any existing public street, if vested in the Zila Panchayat or the Kshettra Panchayat, as the case may be; (c) subject to such conditions as may be prescribed, turn, divert, discontinue or close any public street so vested; (d) provide within its discretion building sites of such dimensions as it thinks fit to abut on or adjoin any public street made, widened, lengthened" extended, enlarged or improved by it under clauses (a), (b) and (c) or by the State Government , (e) subject to the provisions of any rule prescribing the conditions on which property may be acquired by Zila Panchayat or Kshettra panchayat acquire by agreement with the owner or under the Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No.30 of 2013), or any other existing law any land along with the building thereon which it considers necessary for the purpose of any scheme or work undertaken or projected in exercise of the powers conferred by the preceding clauses, and (f) subject to the provisions of any rule prescribing the conditions on which property vested in Zila panchayat it may be transferred Zila Panchayat or Kshettra panchayat lease, sell or otherwise dispose of any property acquired by under clause (e) or any land used by it for a public street and no longer required therefor, and in doing so impose any condition as to the removal of any building existing thereon, as to the description of any new building to be erected thereon, as to the period within which such new building shall be completed, and as to any other matter that it deems fit: Provided that in undertaking work under this section the Zila Panchayat or the Kshettra Panchayat as the case may be, shall in no case interfere with or encroach upon any place of worship or religious sanctity. 106(a j) Declaration of a street as a public street- (1) The Zila Panchayat may at any time, and shall when required by a requisition by public notice posted up in any street that not a public street, or in a part of such street, give intimation of its intention to declare the same a public street, within two months next after such notice has been so posted up, the owner or owners of such street or 99 such part of a street, or of a greater portion thereof may lodge objections addressed to the Kshettra Panchayat against the notice. The Kshettra Panchayat shall consider the objections lodged and if it rejects them, may by further public notice posted up in such street or such part declare the same to be a public street. (2) Any public notice required under sub-section (1) shall, in addition to being posted up in the street, be published in a local newspaper, if any, or in such other manner as Zila Panchayat thinks fit. (3) The Zila Panchayat may also exercise the powers conferred by this section in respect of a street or part of a street which it demand to include amongst district roads. 106(a k) Powers to regulate line of buildings on public streets- (1) Whenever the appropriate authority considers it expedient to define general line of buildings on each or either side of any existing or proposed public street, it shall give public notice of its intention to do so. (2) Every such notice specify a period in which objections shall be received. (3) The appropriate authority shall consider all objections received within the specified period and may then pass a resolution defining the said line, and. the line so defined shall be called the regular line of the street : (4) Thereafter it shall not be lawful for any person to erect, re- erect or alter a building or part of a building so as to project beyond the regular line of the street, unless he is authorized to do so by sanction granted by a permission in writing and the appropriate authority is hereby empowered to grant such permission under this section. (5) Any owner of land who is prevented by the provisions of this section from erecting, re-erecting or altering any building on any land may require the appropriate authority to make compensation for any damage which he may sustain by reason of such prevention, and upon the payment of compensation in respect of any land situated within the regular line of the street such land shall vest in the appropriate authority. (6) The appropriate authority may, by notice, require the alteration or demolition of any building or part of, a building erected, re-erected or altered in contravention of sub-section (4). 106(a l) Duties of appropriate authority when constructing public streets, etc.- (1) The appropriate authority shall, during the construction or repair of a public street or of any water channel, drain or premises vested in it, or whenever any public street, water channel drain or premises vested in it has, for want of repair, or otherwise become unsafe for 100 use by the public, take all necessary precautions against accident by- (a) shoring up and protecting adjacent buildings, (b) fixing bars, chains or posts across or in any street or the purpose of preventing or diverting traffic during such construction or repair, and (c) guarding and providing with such sufficient lighting from sunset to sunrise any work in progress. (2) Whoever, without the authority or consent of the appropriate authority, in any way interferes with any arrangement of construction made by the appropriate authority under sub-section (1) or guarding against accident shall be liable on conviction to fine which may extend to fifty rupees or as prescribed. Protection of sources of water supply 106(a m) Powers to require private watercourse, etc. to be cleaned or closed- (1) The Kshettra Panchayat may and when so required by the Kshettra Panchayat shall, by notice, require the owner of, or the person having control over a private water-course, spring, tank, well or other place, the water of which is used for drinking, to keep and maintain the same in good condition and to clean the same, from time to time, of silt, refuse or decaying vegetation, and may also require him to protect the Same from pollution in such manner as the Kshettra Panchayat may think fit. (2) When the water of any such water-course, spring, tank, well or of other place is proved to the satisfaction of the Zila Panchayat or the Kshettra Panchayat, to be inappropriate for drinking, the Zila Panchayat or the Kshettra Panchayat may, by notice require the owner or person having control thereof to desist from so using such water or permitting others to so use it, and if, after such notice, such water is used by any person for drinking, the Zila Panchayat or the Kshettra Panchayat, as the case may be, may, by notice, require the owner or person having control thereof to close such well, either temporarily or permanently or to enclose or fence such water-course, spring, tank, well or other place in such manner as it may direct so that the water' thereof may not be so used. 106(a n) Emergent powers on outbreaks of epidemic- In the event of the rural area of the district, or any part thereof, being visited with an outbreak of cholera or other infectious disease notified in this behalf by the State Government, the Chairman of the Zila Panchayat or the Pramukh of the Kshettra Panchayat, or any person authorised any them in this behalf, may, during the continuance of the epidemic, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purpose of drinking, and may further take such steps as he 101 deems fit to prevent the removal of water therefrom. 106(a o) Removal of latrines, etc. near any source of water supply- The Zila Panchayat or the Kshettra Panchayat may, by notice, require an owner or occupier on whose land a drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse exists within fifty feet of a spring, well, tank, reservoir or other source from which water is or may be derived for public use, to remove or close the same within one week from the service of such notice. 106(a p) Unauthorized construction, etc. over drain or water work- (1) Where, on or after the commencement of this Act, any street has been made or any building, wall or other structure has been erected or any tree has been planted without the permission in writing of the Zila Panchayat or the Kshettra panchayat as the case may be, over a public drain or culvert or a water work vested in it, the Zila Panchayat or the Kshettra Panchayat, as the case may be, may- (a) by notice required the person who has made the street, erected the structure or planted the tree, or the owner or occupier of the land on which the street has been made structure erected or tree planted, to remove or deal in any other way the Zila Panchayat or the Kshettra Panchayat, as the case may be, thinks fit with the street, structure or tree, or (b) itself remove or deal in any other way it thinks fit with the street structure or tree. (2) Any expense incurred by the Zila Panchayat or the Kshettra Panchayat by action taken under clause (b) of sub-section (1) shall be recoverable by the person by whom the street was made, structure erected or tree planted. Markets, slaughter houses, sale of food, etc. 106(a q) Place for slaughter of animals for sale- (1) The Kshettra Panchayat may with the approval of the District Magistrate, fix premises in a controlled rural area for the slaughter of animals, or animals of any specified description for sale, and may, with the like approval, grant and withdraw licences for the use of such premises. (2) When such premises have been fixed, no person shall slaughter any such animal for sale at any other place within a radius of two miles from such premises. (3) Whoever slaughter such animal at any other place within the radius of two miles for sale, he shall be liable on conviction to a fine which may extend to two rupees for each animal so slaughtered or as may be prescribed. 102 106(a r) Powers of district magistrate in respect of animals not slaughtered for sale- Whenever it appears to the District Magistrate to be necessary for the preservation of the public peace or order, he may, subject to the control of the Commissioner of the Division, prohibit or regulate, by public notice, the slaughter anywhere within the rural area of animal or animals of any specified description for purposes other than sale and prescribe the mode and route in and by which such animals shall be brought to and meat shall be conveyed from the place of slaughter. 106(a s) Improper feeding of animals kept for dairy purposes or used for food- Whoever in the rural area feeds or allows to be fed an animal which is kept for dairy purposes, or may be used for food, on Filthy or deleterious substances shall be liable on conviction to a fine which may extend to fifty rupees. Explanation- Filthy or deleterious food shall mean such food as has been specified by an authority and in the manner prescribed by rules to be filthy or deleterious food. 106(a t) 1{Inspection of places for sale of food, drink, drugs etc.- The Chairman, the Chief Executive Officer, the Health Officer and any member officer or servant of Zila Panchayat authorized herewith by resolution and similarly the Pramukh, Block Development Officer or any other officer of the kshettra Panchayat authorized herewith by the Block Development Officer may, without notice at any time of day or night enter into and inspect any such market, shop, stall or place used for the sale of food or drink or as slaughter house or for the sale of drugs and examine an article of food or drink or animal or drugs which may be therein.} 106(b a) Seizure of unwholesome articles and removal of deleterious and expired drugs- (1) If, in the course of the inspection of a place under the preceding section, an article of food or drink or an animal appears to be intended for the consumption of human being and to be inappropriate therefor, the person inspecting, may seize and remove the same or may cause it to be destroyed, or to be so disposed of as to prevent its being exposed for sale or use for such consumption. (2) If it is reasonably suspected that a drug has been adulterated or by reason of time or the effect of climate has become inert or unwholesome, or has otherwise become deteriorated in such manner as to lesser its efficiency, or to change its operation, or render it noxious, the person inspecting may remove the same, giving a receipt therefore and may produce it before a Magistrate. ------------------------------------------ 1- Subs. by section 27 of UK Act no 12 of 2021. 103 (3) if it appears to a Magistrate before whom a drug has been produced under sub-section (2) that the drug has been adulterated or has become inert, unwholesome, or deteriorated as aforesaid, he may order the same to be destroyed, or to be so disposed of as to him may deem fit, and if any offence appears to have been committed he may proceed to take cognizance thereof. Nuisance for certain trades and professions 106(b b) Regulation of offensive trades- (1) If it, is shown to the satisfaction of a Zila Panchayat that any building or place within the limits of the rural area which any person uses or intends to use as a factory or other place of business for the manufacture, storage, treatment or disposal of any article, by reason of such use, or by reason of such intended use, occasions or is likely to occasion a public nuisance, the Zila Panchayat may at its option require by notice the owner or occupier of the building or place- (a) to desist or refrain, as the case may be, from using, or allowing to be used the building or place for such purpose, or (b) only to use, or allow to be used, the building or place for such purpose under such conditions or after such structural alterations as the Zila Panchayat imposes or prescribes in the notice with the object of rendering the use of the building or place for such purposes free from objection. (2) Whoever, after receiving a notice given under sub-section (1) uses or allows to be used any building or place in contravention of the notice shall be liable on conviction to a fine which may extend to twenty rupees or as may be prescribed and to a further fine which may extend to five rupees for every day on which he so uses or allows to be used the place or building after the date of the first conviction or as may be prescribed. 106(b c) Neglect of the rules of the road- Whoever, in driving, leading or propelling a vehicle along a street in the rural area, fails, except in the case of actual necessity- (a) to keep to the left, or (b) when passing a vehicle going in the same direction, to keep to the right of that vehicle, shall be liable on conviction to a fine which may extend to ten rupees or as may be prescribed. Exception-- This section shall nither apply to the hilly districts of Kumaun of Uttarakhand Divisions nor where the aforesaid failure is an offence punishable under section 122(2) of the Motor Vehicles Act, 1939. 104 106(b d) Powers to search for inflammable materials in excess of authorised quantity- (1) The Kshettra Panchayat may, where it appears to be necessary for the prevention of danger to life or property, by public notice prohibit all persons from stocking or collecting, or stocking or collecting beyond a specified quantity, wood, dry grass, straw or other inflammable materials, or from placing mats or thatched huts or lighting fires in any house, building place or within limits specified in the notice. (2) Where dry wood, grass, straw or other inflammable material is suspected to be stocked or collected in contravention of n prohibition under sub-section (1), or in excess of the quantity permitted to be kept in such house, building or place under the provisions of sub- section (1) or of any bye-laws the any officer or servant of the Zila Panchayat authorized by the Chief executive officer in this behalf may, without notice and at any period of the day or night, enter into and inspect a house or building or place. (3) If any quantity or excess quantity of such material be found it may be seized and held subject to such order as a magistrate may pass with respect to it. (4) If the magistrate decides that the material seized was stored in the house, building or place contrary to any prohibition made under sub- section (1) he may pass an order confiscating the same. (5) Subject to any provisions of or made under this or any other enactment, the material so confiscated may be sold by order of the Magistrate, and the proceeds, after defraying the expenses of such sale shall be credited in the district Fund. 106(b e) Savings in respect of other proceedings- No order of confiscation under section 106 (b d) shall operate to prevent any other criminal or civil proceedings to which the person storing, or collecting or storing or collecting the materials in excess of the permitted quantity may be liable. 106( b f) Displacing pavements etc.- (1) Whoever displaces, takes up or makes an alteration in or otherwise interferes with, the pavement, gutter, flags or other internals of a public street or the fences, walls or posts thereof, or other such Zila Panchayat or Kshettra Panchayat property therein without the written consent of the Zila Panchayat or the Kshettra Panchayat, as the case may be, or other lawful authority, shall be liable on conviction to a fine which may extend to one hundred rupees or as may be prescribed. (2) Any expense incurred by the Zila Panchayat or the Kshettra Panchayat by reason of the doing of any such thing as is mentioned in sub-section (1) may be recovered from the offender in the manner 105 prescribed. 106(b g) Discharging firearms, etc- Whoever discharges firearms or lets off fireworks or fire- balloons, or engages in a game, in such a manner as to cause, or to be likely to cause, danger to persons passing by feir to damage of or dwelling or working in the neighborhood, or risk of injury of life arises or likely to arise or property shall be liable on conviction to a fine which my extend to twenty rupees or as may be prescribed. 106(b h) Powers of the prevention of danger from ruinous buildings, un protected wells, etc.- (1) A Zila Panchayat may by notice require the owner or occupier of any land or building- (a) to demolish or to repair in such maner, as it deems necessary by Zila panchayat any building, wall, bank or other structure, or anything affixed thereto, or to remove any tree, belonging to such owner or in the possession of such occupier, which appears to the Zila Panchayat to be in a ruinous condition or dangerous to persons or property, or (b) to repair, protect or enclose, in such manner as it deems necessary, any well, tank, reservoir, pool or excavation belonging to such owner or in the possession of such occupier, which appears to the Zila Panchayat for be dangerous by reason of its situation, want of repair or other such circumstances. (2) Where it appears to the Zila Panchayat that immediate action is necessary for the purpose of preventing imminent danger to any person or property, it shall be the duty of the Zila Panchayat itself to take such immediate action and in such case, it shall not be necessary for the Zila Panchayat to give notice, if it appears to the Zila Panchayat that the object of taking such immediate action would be defeated by the delay incurred in giving notice. 106(b i) Obstruction of street- (1) Whoever without the written permission of the Zila Panchayat- (a) causes or allows any vehicle, with or without an animal harnessed thereto, to remain or stand so as to cause obstruction in any public street in a controlled rural area longer than may be necessary for loading or unloading or for taking up or setting down passengers, or (b) leaves or fastens any vehicles or animal so as to cause obstruction on any such street, or (c) exposes any article for sale, whether upon a stall or booth or in any other manner, so as to cause obstruction in any such street, or (d) deposits, or occasioned to be deposited any building 106 materials, box, bale, package or merchandize in any such street, or (e) erects or sets up any fence, rail, post, stall, or any scaffolding made of cloth or wood or any other such fixture in any such street, or (f) in any manner wilfully obstructs or causes obstruction to the free passage of any such street, shall be liable upon conviction to a fine which may extend to fifty rupees or as may be prescribed. (2) The Zila Panchayat shall have powers to remove any obstruction referred to in sub-section (1) and the expenses of such removal shall be recoverable from the offender in the manner provided by Chapter VIII. (3) The powers exercise able by a Zila Panchayat under sub- section (2) to remove obstructions from streets, shall also be exercisable for the removal by the Zila Panchayat of obstructions from any open space, whether vested in the Zila Panchayat or not, which is not private property. (4) Nothing contained in this section shall apply to any obstruction of a street permitted by the Zila Panchayat under any section of this Act or any rule or bye-law made or licence granted thereunder. Sanitation and prevention of disease 106(b j) Toilets for factories, schools and places of public resort - The Zila Panchayat may require by notice any person employing more than twenty workmen or labourers or owning, managing or having control of a market, school or theatre of other place of public resort to provide such latrines and urinals as it may deem fit, and to cause the same to be kept in proper order and to be daily cleaned; Provided that nothing in this section shall apply to a factory regulated by the Factories Act, 1948 (Act no 63 of 1948). 106( b k) Powers to require removal of nuisance arising from tanks, etc- The Zila Panchayat may by notice require the owner or occupier of any land or building to cleanse, repair, coyer, fill up or drain off a private well, tank, reservoir, pool, depression or excavation therein which may appear to the Zila Panchayat to be injurious to health or offensive to the neighborhood ; Provided that the owner or occupier may require the Zila Panchayat to acquire at its expense, or otherwise provide, any land or rights in land necessary for the purpose of effecting drainage ordered under the foregoing provisions. 106(b l) Cleaning filthy land- If any land is in a filthy or unwholesome state, the Zila Panchayat may, by notice, require the owner thereof to cleanse, or otherwise put in a proper state, the land, and thereafter to keep the same in a clean and proper state. 107 106(b m) Regulation of the disposal of rubbish, night-soil, etc- (1) The Zila Panchayat may in any controlled rural area- (a) provide receptacles and places for the temporary deposit of offensive matter and rubbish; (b) appoint places for the disposal of night-soil, and other offensive matter and rubbish, and (c) by public notice issue directions as to the time, manner and conditions at, in and subject to which any offensive matter or rubbish referred to in clauses (a) and (b) may be removed along a street, deposited or otherwise disposed of. (2) It shall be sufficient notice of the appointment of a place under clause (b) of sub-section (1) that a notice board indicating such appointment is displayed on or near the place appointed. 106(b n) Penalty for improper disposal of rubbish, night soil, etc.- The occupier of any building or land from which any offensive matter, rubbish, or night soil is thrown or deposited on any part of a public drain, or into any drain communicating with a public drain, otherwise than in a place appointed under clause (b) or in a receptacle or place provided under clause (a) of sub-section (1) of section 106(bm), and any person contravening any direction of a Zila Panchayat issued under clause (c) of the said sub-section shall be liable, upon conviction, to a fine not exceeding fifty rupees. 106(b o) Penalty for discharging sewage on public street, etc.- In specified areas, whenever the water of a sink, sewer or cesspool, or any other offensive matter is allowed to flow, drain or be put upon a public street or place, or into a sewer or drain not set apart for the purpose without the permission in writing of the Zila Panchayat or in contravention of any condition prescribed in such permission, the owner or occupier of the land or buildings from which such water or offensive matter flows, drains or is put, shall be liable upon conviction, to a fine which may extend to fifty rupees or as may be prescribed. 106(b p) Building fit for human habitation- (1) In a controlled rural area, should a building, or a room in a building, be in the opinion of the Zila Panchayat unfit for human habitation in consequence of the want of proper means of drainage or ventilation or otherwise, the Zila Panchayat may, by notice, prohibit the owner or occupier thereof from using the building or room for human habitation or suffering it to be so used either absolutely, or unless, within a time to be specified in the notice, he effects such alteration therein as is prescribed in the notice, (2) Upon failure of a person to whom notice is issued under sub- section (1) to comply therewith, it shall be lawful for the Zila 108 Panchayat to require by further notice the demolition of the building or room. 106(b q) Penalty for acts done by persons suffering from certain disorders- Whoever, while suffering from an infectious, contagious or loathsome disorder- (a) makes or offers for sale an article of food or drink for human consumption or a medicine or drug, or (b) wilfully touches any such article, medicine or drug when exposed for sale by others, or (c) takes any part in the business of washing or carrying soiled clothes, shall be liable upon conviction to a fine which may extend to fifty rupees or as may be prescribed. 106(b r) Prohibition of cultivation, use of manure, or irrigation injurious to health- If the Director of Medical and Health Services certify that the cultivation of any description of crops or the use of any kind of manure or the irrigation of land in any specified manner. (a) in a place within the limits of a rural area is injurious or facilitates practices which are injurious to the health of persons dwelling in the neighborhood, or (b) in a specified place within the rural area is likely to contaminate the water supply of such specified place or otherwise render it unfit for drinking purposes, the Zila Panchayat may by public notice prohibit the cultivation of such crop, the use of such manure or the use of the method of irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent the injury or contamination; Provided that when, on any land in respect of which such notice is issued, the act prohibited has been practiced in the ordinary course of husbandry for the last five years next preceding the date of prohibition compensation shall be paid from the Zila Nidhi to all persons interested therein for damage caused to them by such prohibition. 106(b s) Powers to require owners to clear away noxious vegetation- The Zila Panchayat may, by notice require the owner or occupier of any land to clear away and remove any vegetation or undergrowth which may be injurious to health or offensive to the neighborhood. 106(b t) Powers to require excavation to be filled up or dined- In a rural area for which bye-laws have been made under sub-head (d) of heading "G" of section 106 the Zila Panchayat may by notice, require the owner or occupier of any land upon which an excavation cesspool, tank or pit had been made in contravention of such bye- laws or in breach of the condition under which permission to dig any such excavation, cesspool, tank or pit has been granted, to fill up or 109 drain the excavation, cesspool, tank or pit within a period to be specified in such notice. 106(c a) Powers in respect of graveyard crematorium- (1) The Zila Panchayat may, by public notice order a graveyard crematorium which is certified by the civil surgeon or Health officer to be dangerous, or likely to be dangerous, to the health of persons living in the neighborhood to be closed from a date to be specified in the notice and shall in such case and if no suitable place for burial or burning exists within a reasonable distance shall provide a fit place for the said purpose. (2) Private graveyard in such burial grounds may be exempted from the notice, subject to such conditions as the Zila Panchayat may impose in this behalf : Provided that the limits of such burial places are sufficiently defined, and that they shall be used only for burial of members of the family of the owners thereof. (3) No new graveyard crematorium whether public or private shall be made or formed without the permission in writing of the Zila Panchayat. (4) No person shall, except with the permission of the Zila Panchayat in writing, bury or burn or cause to be buried or burnt, a corpse in a graveyard crematorium closed under sub-section (1) or made or formed in contravention of the provisions of sub-section (3). (5) Should a person bury or burn, or cause or permit to be buried for burnt, a corpse contrary to the provisions of this section, he shall be liable upon conviction to a fine which may extend to fifty rupees as may be prescribed. Inspection, entry, search, etc. 106(c b) Powers of inspection- The Chairman, the Chief Executive Officer and, if authorized in this behalf by resolution any other member, officer or servant of the Zila Panchayat and similarly the Pramukh, the Khand Vikas Adhikari or any other officer of the Kshettra Panchayat authorised in this behalf by the Pramukh Block Development Officer may enter into or upon a building or land with or without assistants or workmen, in order to make an inspection or surveyor to execute a work which the Zila Panchayat or as the case may be, Zila Panchayat the Kshettrs Panchayat is authorized by this Act or by rules or bye-laws, to make or execute, or which it is necessary for the Zila Panchayat or the Kshettra Panchayat for any of the purposes or in pursuance of any of the provisions of this Act or of rules or bye- laws, to make or execute; Provided that- (i) except when it is in this Act or in rules or bye-laws otherwise expressly provided, no entry shall be made between sunset 110 and sunrise; and (ii) no entry shall be made except when it is under this Act or under rules fram there under 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, without giving previous written notice to the said occupier not less than four hour's of such intention to make entry, and (iii) sufficient notice shall in every instance be given even when, any premises may otherwise be entered without notice to enable the inmates of an apartment appropriated for females to remove to some part of the premises where their privacy need not be disturbed, and (iv) due regard shall always be paid to the social and religious usages of the occupants of the premises entered. 106(c c) Powers of entry- It shall be lawful for a person authorized to make an entry for the purpose of inspection, or of search, to open or cause to be opened a door, gate or other barrier- (a) if he considers the opening thereof necessary, for the purpose of such entry, inspection or search, and (b) if the owner or occupier is absent or being present, refuses to open such door, gate, or barrier. Obstruction to persons employed by Zila Panchayat or Kshettra Panchayat 106(c d) Penalty for obstructing persons employed by Zila Panchayat or Kshettra Panchayat- Whoever obstructs or molests a person employed by, or under contract with, the Zila Panchayat or a Kshettra Panchayat under this Act in the performance of his duty or in the fulfillment of his contract, or removes a mark set up for the purpose of indicating any level or direction necessary to the execution of works authorized by this Act, shall be liable to conviction to imprisonment upto three months or fine up to fifty rupees or both as may be prescribed. All officers of a Zila Panchayat to be public servants 107 Every Chairman, Vice-Chairman, officer or servant of a Zila Panchayat, shall be deemed to be a public servant within the meaning of the 1{section 21 of the Indian Penal Code, 1860}, and in the definition of legal remuneration in section 161 of the Code, the word "Government" shall, for the purpose of this section, be deemed to include Zila Panchayat: 2{PPrroovviiddeedd tthhaatt PPuubblliicc SSeerrvvaanntt sshhaallll bbee ddeeeem meedd ttoo bbee aa PPuubblliicc SSeerrvvaanntt iinn iitt’’ss ZZiillaa PPaanncchhaayyaatt jjuurriissddiiccttiioonn AArreeaa..}} ----------------------- 1- Subs. by section 5(a) of UK Act no. 27 0f 2020. 2.Subs. by section 5(b) of UK Act no. 27 0f 2020. 111 Exercise and performance of powers by the Zila Panchayat 108 Except such any powers and functions which are exercised and performed only by Zila Panchayat and reserve for Chairman such all or any powers and functions which are conferred by this Act to him and made provisions for that purpose than by passing special motion may be delegate to any Committee. Duties and powers of Chairman of the Zila Panchayat 109 A (1) It shall be the duty of Chairman unless provided otherwise by this Act or prevented by reasonable cause- (i) to convene and preside at all meetings of the Zila Panchayat and of such of its committees as may be prescribed in this behalf ; (ii) otherwise to control in accordance with any regulation made in this behalf the transaction of business at, all meetings of the Zila Panchayat ; (2) to watch over the financial administration and superintend the executive administration of the Zila Panchayat, and bring to the attention of the Zila Panchayat if any, defect therein; (3) shall supervise and control the head of the departments and other employees of the Zila Panchayat through the Chief Executive Officer; (4) shall supervise and inspect of the works of the Gram Panchayat, Kshettra Panchayat or Zila Panchayat and receive copies of the detail letters, accounts, representation and instruments for this purpose; (5) to perform such other duties as are required of or imposed on him under this Act or the rules made thereunder of any other law for the time being in force. B (1) In case of any kind of vacancy of the Chairman perform all such powers and functions exercise by the Chairman which are mentioned in section 108. (2) To exercise and performed such powers and functions provided to the Vice Chairman by Chairman or Zila Panchayat. Office of Zila Panchayats 110 The headquarter of Zila Panchayat shall be at such place where the headquarter of Zila Panchayat is situated or the State Government prescribed. Delegation of powers and duties to Vice chairman or Panchayats by Chairman of Zila Panchayat 111 The Chairman may delegate his own duties and powers to Vice- Chairman of Zila Panchayat. -------------------------- 112 Committees in Zila Panchayats 112 Subject to this Act, the Zila Panchayat shall constitute such committee or committees as may be notified by the State Government from time to time, to assist the Zila Panchayat in the performance of all or any of its functions by such method and for the performance of such duties which are further provided and may delegate such of its powers or functions as it may deem fit. There shall be following committees for Zila Panchayat- (A) for the performance of duties in Zila Panchayat shall constitute of six committees which shall be as follows- (1) Planning and Development Committee (2) Education Committee (3) Health and Welfare Committee (4) Construction Committee (5) Administrative Committee (6) Water Management and Biodiversity Management Committee. The Chairman, Vice chairman and member of members in above said committees shall be that as may be prescribed. (B) (1) A Committee may appoint one or more sub-committees for examination and report on any matter with which it is concerned or for discharging any of functions. (2) The composition and term of a sub-committee shall be such as may be decided by the Committee. (3) The report or action of the sub-committee shall be deemed to be the report or action of the Committee if approved by it. (C) (1) A Zila Panchayat may at any time call for from any of its committees and likewise a committee may call for from any of its sub-committees, a report of or extract from the proceedings of such committee or sub-committee or as the case may be, any return. (2) The committee or sub-committee, as the case may be, shall with all convenient speed, comply with the request made under sub- section (1). Chapter XX The officers and employees of the Zila Panchayat and penalties and procedure of violation and infringement of the provisions of the Act Officers and Employees of the Zila Panchayat 113 (1) Every Zila Panchayat shall have a Chief Executive Officer who shall be appointed for the purpose to perform the functions of Zila Panchayat under this Act by the State Government. (2) For the performance of functions of the Zila Panchayat the following posts of the other officers and employees in the Zila Panchayat- (i) Additional Chief Officer; (ii) Finance Officer; (iii) Executive Officer; (iv) Engineer; (v) Tax Officer; 113 (vi) Junior Engineer; (vii) District level officers of the all concerning department the subject elaborated in 11th Schdule of the Constitution. (3) The State Government may appoint the employees under the Zila panchayat, who are working in relation to the activities of State, by such disignation as may be specified in order, for the Zila panchayat, as it may deem fit. (4) (a) The qualifications of persons to be appointed to the posts of Finance Officer, Executive Officer, Engineer, Junior Engineer, and Tax officer created under sub-section (2) of section 113 of that section shall be as may be prescribed. (b) The emoluments and other conditions of service of officers and other servants of the Zila Panchayat shall be such as may be prescribed (5) (i) Subject to any rules made in this behalf, the State Government may- (a) at the request of the Zila Panchayat and for such time and on such terms as may be agreed to place at the disposal of the Zila Panchayat the services of any of its servants; and (b) whenever the work of any Government office is transferred to a Zila Panchayat , by order in writing require the Zila Panchayat to employ on such posts and on such terms as may be specified in the order either the entire staff of the office of Government connected with that work or such of the servants in that office as may be designated or nominated by the State Government and the services of such staff or servants shall thereupon be deemed to have been placed at the disposal of the Zila Panchayat for the time being ; Provided that a servant so employed with a Zila Panchayat may at any time be recalled by the State Government. (ii) The salaries and allowances of servants referred to in sub-section (1) shall be paid out of the Zila Nidhi as if they were servants of the Zila Panchayat. (6) The Finance Officer of the Zila Panchayat shall be appointed by the State Government in the manner provided by rules. (7) (i) Appointments to the posts of Executive Officer, Engineer, Junior Engineer and Tax officer carrying such pay scales as the State Government may, by notification, fix shall be made by the Zila Panchayat in consultation with the State Public Service Commission or such other Commission or Selection Board as may be constituted by the State Government in this behalf for all Zila Panchayats or any groups of Zila Panchayats separately (in either case here-after referred to as the Commission) in the manner prescribed; 114 Provided that if there is a difference of opinion between the Commission and the Zila Panchayat the matter shall be referred to the State Government whose decision shall be final and binding. (ii) Except in the case of such other class of posts which the State Government may specify, appointments to posts connected with any department of the Zila Panchayats specified by rules carrying such pay scales as the State Government may, by notification, fix shall be made by the Chief Officer. (iii) Except as otherwise provided in this Act, appointments to posts under the Zila Panchayat , other than those covered by sub-sections (i) and (ii), shall be made by the Chairman --- (a) in the case of others, on the advice of the election committee by Chairman; Provided that if in any case the Chairman is of opinion that the advice of the election committee is improper or unfair, he may make a reference to the Commissioner of the Division whose decision in the matter shall be final and binding. (iv) Notwithstanding anything in the preceding sub-section- -- (a) if the State Government has made any order under sub-section (2) of section 113, that order would prevail, and (b) the State Government may at any time require a Zila Panchayat to take in its own service any such Government servant whose services have been placed at the disposal of the Zila Panchayat under of sub-section (2) of section 113 and who has given has consent in that behalf and upon being so taken in the service of the Zila Panchayat such servant shall cease to be Government servant and shall become a servant of the Zila Panchayat. (8) The State Government may create or abolish any post of officer except mentioned posts in sub section (1). (9) (i) Where an authority specified in sub section (2) of section 113, fails within a reasonable time to make an appointment to a post created thereunder, whether in the manner provided or in pursuance of an order, the State Government may, after giving such authority a reasonable opportunity to make the appointment and consulting the Commission, if necessary make appointment thereto and such appointment shall be deemed to have been made in accordance with this Act. (ii) Where Zila Panchayat fails to provide staff under sub-section (2) of section 113, to any Kshettra Panchayat the State Government may provide such staff out of the staff of the Zila Panchayat and such staff shall be deemed to have been placed on deputation with the Kshettra Panchayat under the said sub-section. ----------------------------------- 115 Central transferable cadre of certain classes of employees of Zila Panchayat 114 (A) The State Government may at any time create a central transferable cadre of executives, engineers, finance officers and other officers and where any such cadre has been created, appointment to the posts of executives, engineers, finance officers or other officers aforesaid, as the case may be, shall be made out of the persons of the cadre concerned in such manner and on such terms as may be prescribed by rules, and notwithstanding anything elsewhere in this Act, selection of persons to any such cadre and the transfer and punishment of officers of the cadre shall be regulated by rules. (B) (1) Notwithstanding anything in sections 113(2) officiating and temporary appointments to posts mentioned may be made by the appointing authority specified or in the rules without consulting the Commission, but no such appointment shall, except as provided in sub-section (2), continue beyond a period of one year save after consultation with the commission. (2) The appointments made under sub-section (1) may, in special circumstances and where the appointing authority is the Zila Panchayat, with the approval of the State Government be continued without consulting the commission for a period not exceeding two years. (C) The punishment of officers and other servants employed with the Zila Panchayat or with any Kshettra Panchayat including appeals from orders or punishment, the powers of revision, if any, of appellate orders and suspension pending enquiry shall be regulated by rules; Provided that the authority which is given the powers to dismiss remove from service or reduce in rank any officer or servant shall not be lower in rank than the appointing authority for the post held by such officer or servant; Provided also that in the case of employees whose appointment is required to be made in consultation with the State Public Service Commission, it shall be necessary for the punishing authority to consult the Commission in the manner prescribed before passing an order for the dismissal, removal or reduction in rank of any such employee. Powers, functions and duties of officers and other servants of Zila Panchayats 115 (1) The powers, functions and duties of the officers and other employees of Zila Panchayats shall be such as may be provided by or under this Act, by or under any other enactment and by rules. (2) Subject to the provisions of sub-section (1) heads of departments of a Zila Panchayat in the case of officers and other servants working in their respective departments and the Chief Officer in the case of other officers and, employes may assign to them powers, functions and duties. ------------------------ 116 Control over the officers and servants of Zila Panchayat 116 (1) (a) The Zila Panchayat shall exercise such control over the Chief Officer and other Heads of Departments as may be prescribed and the Chairman shall have a right to send every year his assessment of the work and conduct of the Chief officer to the authority which is required to record periodical entries about the work and conduct of the Mukhya Adhikari as a Government servant. (b) The authority aforesaid shall in addition to recording any other entry about the work and conduct of the said Government officer record also the assessment sent by the Chairman under clause (a). (2) The Chief officer shall have administrative control over all officers and servants employed with the Zila Panchayat and in particular, he shall have the right to send every year to such authority, if any, which is required to record periodical entries about the work and conduct of each such officer or servant as a Government servant his assessment of the work and conduct of the officer or servant. Such authority shall, in addition to recording an entry about the work and conduct of the said Government servant, also record the assessment sent by the Chief officer. (3) Heads of departments of the Zila Panchayat shall have immediate control over officers and servants working in their respective departments. Dispute amongst Zila Panchayat and Nagar Nikays etc. 117 If any dispute arises as to the jurisdiction of a Zila Panchayat or between two or more Zila Panchayat or Nagar Panchayat or the Municipality or a Municipal corporation, it shall be referred to the prescribed authority whose decision shall be final and shall not be questioned in any court of law. Custody and mode to proof the records of Zila Panchayat 118 (1) Such records which are necessary to maintain in the Zila panchayat as may be prescribed by the State Government from time to time shall be maintained. (2) Such prescribed all records by the State Government shall be maintained in the Office. (3) On application to the Zila Panchayat and on payment of prescribed fee in case of demand of any information by any person the copy of records shall be issued by the signature of the prescribed authority; Provided that no records shall be maintained other than available financial sources, amounts for the purposes of various works by the state Government or Central Government or any other institutions. ------------------------ 117 Chapter XXI Fund, Property and contracts of Zila Panchayat Custody and deposit of Zila Nidhi 119 Subject to the provisions of this Act, the Zila Nidhi, in reference to the Zila Panchayat, shall be deposited in such Treasury or sub- treasury or in such Nationalized Banks, Local Banks, Cooperative Banks and post office after opening account therein decided by as State Government. Property vested in Zila Panchayat 120 (1) Subject to any saving made by the State Government, all property of the nature specified in this section and situated within the khand/district, shall vest in and belong to the Zila Panchayat and shall with all such other property which may become vested in the Zila Panchayat , be under it direction, management and control and shall be held and applied for the purpose of this Act, that is to say- (a) all public buildings of every description which have been constructed or are maintained out of the Zila Nidhi ; (b) all public roads, which have been constructed or are maintained out of the Zila Nidhi and the stones and other materials thereof and also all trees, erections, materials, implements and things provided for such roads; and (c) all land and other property transferred to the Zila Panchayat by Government, or by gift, sale or otherwise for local public purposes. (d) all tanks and wells and all adjacent lands, buildings, materials and things connected therewith appertaining thereto within the district/ Khand, not being private property and not being maintained or controlled by any Government or by a local authority other than the Zila Panchayat. (2)(a) Where a Zila Panchayat for the purpose of exercising any powers or performing any duty conferred or imposed upon it under this or any other enactment, desires to acquire permanently or temporarily, any land or any right in respect of land, it, may request the State Government to acquire at, its cost the same under the provisions of the the Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No.30 of 2013), or of any other existing law. (b) On the acquisition by the State Government of such land or such right under the aforesaid provisions and on payment by the Zila Panchayat, as the case may be, to the State Government of the compensation awarded thereunder and of the charges incurred by the State Government in connection with the proceedings, the land or right, as the case may be, shall vest in the Zila Panchayat or the, as the case may be. (3) Public institution- 118 (a) The management, control and administration of every public institution maintained exclusively out of the Zila Nidhi shall vest in the Zila Panchayat. (b) Any other public institution may also be vested in or placed under the management, control and administration of a Zila Panchayat: Provided that the extent of the authority of the Zila Panchayat in respect thereof, may be prescribed by rule. (c) All property, endowments and funds belonging to an public institution vesting in, or placed under, the management, control and administration of a Zila Panchayat, shall be held by the Zila Panchayat in trust for the purpose to which such property, endowments and funds were lawfully applicable at the time when the institution became so vested or was so placed : Provided that nothing in the foregoing provisions of this section shall be held to prevent the vesting of any trust property in the Treasurer of Charitable Endowments under the Charitable Endowments Act, 1890(Act no 6 of 1890). Preparation and passing the budget of the Zila Panchayat 121 (1) The Zila Panchayat shall, with the help of Planning and development Committee, in the manner prescribed and with due regard to the provisions prepare every year before such date as is fixed by rule in this behalf, a complete account of its actual and expected receipts and expenditure for the year ending an the thirty-first day of March next following such date, together with a budget estimate for the year commencing on the first day of April next fallowing. (2) In preparing the budget estimate under sub-section (1) the estimate of income shall show separately grants from the State Government towards planning and development activities and the estimate of expenditure shall show separately how such grants are proposed to be expended. (3) The Chairman shall thereafter lay at a meeting of the Zila Panchayat before a date to be fixed by rule in this behalf the account and budget estimate prepared under sub-section (1). (4) The Zila Panchayat shall, at the meeting referred to in sub- section (3) discuss and then by a special resolution- (a) pass the budget as a whole, or (b) pass the budget with any modifications, which it may deem fit, or (c) remit the budget to the planning and Development Committee for fresh preparation. 119 (5) Where the Zila Panchayat has remitted a budget under clause (c) of sub-section (4), the Planning and Development Committee shall prepare a fresh budget and the Chairman shall put such budget in the meeting of Zila Panchayat and the Zila Panchayat shall discuss it and by special resolution either pass it as a whole or after such amendment as it thinks fit. (6)(a) The Chairman shall submit to the State Government the original budget and the amended budget, if any and the budget, as passed by the Zila Panchayat and the State Government may, the budget as passed by the Zila Panchayat as a whole or with any such alteration in respect of that portion which relates to expenditure out of grants made by the State Government towards planning and development activities as he may thank fit to make for giving effect to the purposes of such grant and may in respect of the remaining portion make such recommendations as he thinks fit; (b) If the State Government does not make any recommendations within one month under clause (a) the budget with the modification, if any, made by it under the said clause, shall be deemed to have been finally passed. If the State Government made any recommendation under clause (a) the same shall be laid by the Chairman before the meeting of Zila Panchayat which may make changes in the budget in pursuance of the recommendation. The budget with alterations, if any, made by the State Government of the division under clause (a) and the change, if any, made by the Zila Panchayat under this clause shall then be deemed to have been finally passed; (c) If before such date as may be fixed by rule in this behalf the Zila Panchayat has not passed or has not been deemed to have passed the budget or if the Chairman has not submitted any budget or budgets under the provisions of clause 6(b), the State Government, may call upon the Chairman to furnish such information as he may require and may prepare a budget for the Zila Panchayat and such budget shall be deemed to have been finally passed by the Zila Panchayat. (d) If before such date as may be fixed by rule in this behalf the recommendations of the State Government are not placed before the Zila Panchayat as required under clause 6(b) or the Zila Panchayat has not taken any decision thereon, the budget shall be deemed to have been finally passed with modifications as recommended by the State Government. (7) The Zila Panchayat may, in consultation with the Planning and Development Committee, vary from time to time as circumstances may render desirable the budget deemed to have 120 been finally passed: Provided that every variation of the budget by the Zila Panchayat shall be submitted by the Chairman to the State Government and such variation shall be as possible subject to the provisions of sub-section (5), a copy of passed budget finally by the Zila Panchayat according as above in sub section (5) the Chairman shall forward to the State Government for sanction. The State Government shall intimate to the Zila Panchayat within 30 days of his sanctioned related to the budget. if sanctioned is not received after this period than in such case budget shall be deemed passed suo motto. (8) In framing of a budget, a 4{planning and development committee} shall provide for the maintenance of such minimum closing balance, if any, as the State Government may, by order, prescribe. (9) Every Zila Panchayat shall submit a copy of its budget as finally passed to the commissioner of the division and another copy to the State Government. (10) (a) Where a budget or revised budget of a Zila Panchayat has been finally passed under this Act, the Zila Panchayat shall not incur any expenditure under any of the heads of the budget, other than the head providing for the refund of taxes, in excess of the amount passed under that head, without making provisions for such excess by the variation or alteration of the budget. (b) Where any expenditure under any head providing for the refund, of taxes is incurred in excess of the amount approved or sanctioned under that head, provisions shall be made without delay for such expenditure by the variation or alteration of the budget. (11) The certain provisions relating to the budget of Zila Panchayat shall be applicable on the budget of Kshettra panchayat. The provisions of 2{sub-sections (8), (9) and (10)} and shall mutatis mutandis apply to the budget of a Kshettra Panchayat. Audit of Accounts of the Zila Panchayats 122 (1) The Audit of the accounts of the Zila Panchayat shall be made every year in such procedure as may be appoint by local fund accounts Audit department or other authority who is determined for this purpose by the State Government. A copy of Audit report shall be provided within a month after completion of audit to the concerning Panchayat by the department. ------------------------------------- 1- Subs. by section 28 (i) of UK Act no 12 of 2021. 2- Subs. by section 28 (ii) of UK Act no 12 of 2021. 121 (2) On receipt of audit report the 1{Zila Panchayat shall remove errors and irregularity found in the audit} and a compliance report shall be forward to the local fund account audit department or other authority within three month determined for this purpose by the State Government. XXII Taxation and Levy Of Fees , Cess and Tolls Taxes which may be imposed by the Zila Panchayat 123 (1) The taxes which the Zila Panchayat may impose or continue the imposition of for the purpose of this Act shall be the following; namely - (a) any other tax which the State Legislature has the powers under the Constitution of India, including article 277 thereof, to impose in the State and of which imposition by the Zila Panchayat has been uthorized by the State Government. (2) The taxes shall be assessed and levied subject to the provisions of article 285 of “the Constitution of India” and in accordance with the provisions of this Act and rules, regulations and bye-laws framed thereunder. (3) fee and other fee under the provisions made otherwise under this Act. (4) fee of vehicles registration; (5) fee on assessment. Powers of State Government to sanction or refuse proposals of Zila Panchayat 124 (1) When the Zila Panchayat has finally settled its proposal, it shall submit them alongwith the objections, if any, make in connection therewith to the prescribed authority, who shall submit the proposals and objections, if any, to the State Government. 2{(2) The state government after considering the said objections, if any, may either refuse to sanction the proposals or return them to the Zila Panchayat for further consideration, or sanction them without modification or with such modification, not involving any increase of the amount to be imposed, as it deems fit. (3) When the State Government has sanctioned the proposals of the Zila Panchayat under sub-section (2), it shall, after taking into consideration the draft rules submitted by the Zila Panchayat, proceed forthwith in to make such rules in respect of the tax under section 126 as for the time being it considers necessary.} (4) When the rules are framed, a copy of them shall be sent to the Zila Panchayat} --------------------------------------------- 1-Subs. by section 8 of the UK Act no 18 of 2020. 2-Subs. by section 9 of the UK Act no 18 of 2020. 122 1{Resolution of Zila Panchayat directing imposition of tax, taxation, procedure for altering taxes, altered or modified procedure in respect of certain taxes and exemption} 125 (1) Upon receipt of the copy of the rules sent under the preceding section, the Zila Panchayat shall by special resolution direct the imposition of the tax with effect from a date, to be specified in the resolution, not less than six weeks from the date of such resolution. (2) A copy of the resolution passed by the Zila Panchayat shall be submitted to the State Government. 2{(3) Upon receipt of the copy of the resolution, the State Government shall notify in the Gazette the imposition of tax from the date specified under sub section (1) and the imposition of a tax shall in all cases be subject to the condition that it has been so notified.} 3{(4) A notification of the imposition of a tax under sub section (3) shall be conclusive proof that the tax has been imposed in accordance with the provisions of this Act. (5) The procedure for abolishing or suspending a tax, or for altering a tax in respect of the subjects referred in clauses (b) and (c) of sub section (1) of section 167 shall, be the same as prescribed for the taxation. (6) Notwithstanding anything contained in the foregoing provisions, the State Government may, by rule, prescribe such other or modified procedure for the imposition and alteration of any tax mentioned in clause (a) of sub section (1) of section 123, as it may deem fit. (7) (i) A Zila Panchayat may exempt, for a period not exceeding one year, from the payment of a tax or any part of it, imposed under this Act, any person who is, in its opinion, by reason of poverty, unable to pay the tax and may renew the same exemption as often as it deems necessary. (ii) A Zila Panchayat may, by a special resolution confirmed by the prescribed authority, exempt from the payment tax or any part of it, imposed under this Act, any person or class of person or any property or its part. (iii) The State Government may, by order, exempt from the payment of tax, or any part of it, imposed under this Act, any person or class of person or any property or its part. (8) The right to approve and sanction a proposal, by the Gram Panchayat of district to impose any tax or charges or user charges mentioned in section 46 of the Act and right to sanction the bye- laws under section 29 and 106 of the Act for any Gram panchayat then the district shall vest in the Zila panchayat of the district from fix date.} ------------------------------- 1-Subs. by section 10 (i) of UK Act no 18 of 2020. 2- Subs. by section 10 (ii) of UK Act no 18 of 2020. 3- Ins. by section 10 (iii) of UK Act no 18 of 2020. 123 Part- V Chapter XXIII Rules, Regulation and Bye-laws 1{Power of State Government to make rules in respect of Kshettra Panchayat and Zila Panchayat} 126 (1) The State Government may by notification in the Gazette make rules consistent with this Act in respect of any matter or matters for which the powers of making rules is expressly or by implication conferred by this Act, and may also make rules which are otherwise requisite for carrying out the purposes of this Act. (2) Any rule made under sub-section (1) may be general for all Zila Panchayats or all Kshettra Panchayats, all Gram Panchayat and special for any one or more Zila Panchayats or Kshettra Panchayats to be specified. 2{(3) All rules made under this Act shall, thereafter as soon as it is made shall be laid before State Legislative Assembly, while it is in session for a total period of thirty days extending in one session or more than one successive sessions, and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modifications or annulments as the State Legislative Assembly, may during the said period agree to make so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.}. Powers to make regulations as to conduct of business etc. 127 (1) A Zila Panchayat, Kshettra Panchayat and Gram Panchayat may, by special resolution, make regulations consistent with this Act and with any rule, and with any regulation made by the State Government as to all or any of the following matters : - (a) the time and place of its meetings; (b) the manner of convening meetings, and of giving notice thereof; (c) the conduct of proceedings including the asking of questions by members at meetings, and the adjournment of meetings ; (d) the establishment of committees other than advisory committees, for any purpose and the determination of all matters relating to the constitution and procedure of such committees ; (e) the delegation of powers, duties or functions, to: (i) Chairman of the Zila Panchayat or Pramukh of Kshettra Panchayat; (ii) a committee constituted under clause (d) ; ------------- 1-Subs. by section 11 (i) of UK Act no 18 of 2020. 2-Subs. by section 11 (ii) of UK Act no 18 of 2020. 124 (iii) a chairman of such committee ; (iv) the Chief Development Officer, Additional Development Officer or any other servant of the Zila Panchayat ; 1{(f) The absentee or other allowances of the servants employed by the Zila Panchayat including the servants placed at the disposal of the Kshettra Panchayat;} (g) the amount and nature of the security to be furnished by a servant of a Zila Panchayat including a servant placed at the disposal of any Kshettra Panchayat from whom it is deemed expendient to require security; (h) the grant of leave to servants of a Zila Panchayat, and the remuneration to be paid to the persons, if any, appointed to act for them whilst on leave ; (i) the conditions of service, including period of service of all servants of a Zila Panchayat including servants placed at the disposal of any Kshettra Panchayat and the conditions under which such servants, or any of them, shall receive gratuities, annuities or compassionate allowances on retirement or on their becoming disabled through the execution of their duty, and the amount of such gratuities, annuities or compassionate allowances and the conditions under which any gratuities, annuities or compassionate allowances may be paid to the surviving relatives of any such servants whose death has been caused through the execution of their duty; (j) the payment of contribution, at such rates and subject to such conditions, as may prescribed in such regulations, to a pension. or provident fund established by the Zila Panchayat, or with the approval of the Zila Panchayat by the said servants; (k) principles and manners, of recruitment in, respect of the servants of the Zila Panchayats including servants placed at the disposal of any Kshettra Panchayat ; (1) procedure to be followed, in making documents available to the Finance officer for audit and the action to be taken upon observations made by him ; (m) procedure to be followed in filling casual vacancies of officers and servants ; (n) manner in which the functions transferred to the Zila Panchayat under section 108 shall be performed: -------------------------------------------- 1- Subs. by section 29 of UK Act no 12 of 2021. 125 Provided that the regulations framed in the foregoing clause shall be in conformity with any, general or special orders of instructions issued by the State Government ; (o) the conditions subject to which sums due to a Zila Panchayat or a Kshettra Panchayat may be written off as irrecoverable, and the conditions subject to which the whole or any part of a fee chargeable for distress, may be remitted; (P) all matters similar to, those set forth in clause (e) to (o) or in respect of which powers to make regulations is conferred expressly or by implication in this Act and not otherwise provided for in this sub-section; and (q) all matters similar to those set forth in clauses (a) to (d) and not otherwise provided for in this sub-section. (2) The State Government may, if it thinks fit, make regulations consistent with this Act in respect of any of the matters specified in clauses (e) to (m) and (o) to (q) of sub-section (1) and any regulation so made shall have the effect of rescinding any regulation made by the Zila Panchayat under the said sub-section in respect of the same matter or in consistent therewith. (3) In addition to foregoing subject in the preceding sub sections for the Gram Panchayat the State Government of in direction of the State Government the designate authority may make rules. 1{Power of state government to make rules for Gram Panchayat 128 (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 powers such rules may provide for- (i) any matter for which powers 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; (a) qualifications for the Pradhan, Up-Pradhan and Members; (b) presentation and disposal of election petitions and applications for revision under section 131H; -------------------- 1-Subs. by section 12 of UK Act no 18 of 2020. 126 (c) taking of oath by Pradhan, Up-Pradhan, members of Gram Panchayats ; (d) filing of resignation by Pradhan, Up-Pradhan, members of Gram Panchayats; (e) holding of general elections and bye-elections; (f) the nomination of persons as a Pradhan and member of Gram Panchayat; (g) Duties and powers of Up-Pradhan; (h) the carrying out of duties of the Pradhan and the Up- Pradhan in their absence for any cause ; (3) the time and place of the meetings of' Gram Sabha, and Gram Panchayat, the manner of convening meetings and giving notice thereof; (4) the conduct of proceedings including the asking of question by members at meetings and the adjournment of meetings and also minute book of meetings; (5) the establishment of committees and the determination of all matters relating to the constitution and procedure of such committees; (6) the suspension and removal of office bearers; (7) the records and the registers that shall be maintained by the Gram Panchayat and the form in which they are to be; (8) The action to be taken on the occurrence of vacancy in the executive committee, joint committee or any other committee; (9) the authority by which disputes in relation to appointments to executive committee, joint committee, or any other committee may be decided and the procedure to be followed therein; (10) the amount and the nature of security to be furnished by a servant of the Gram Panchayat from which it is deemed expedient to require security; (11) 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 their rights to appeal; (12) management and regulation of provident fund for the servants of Gram Panchayats if the system of provident fund is adopted by any Gram Panchayat; (13) the establishment, maintenance and management of primary schools and the construction and repair of buildings thereof; (14) the establishment, administration and control of libraries, 127 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 inhabitant of the Panchayat area; (15) the discovery, removal and destruction 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; (16) (a) action in regard to the sanitation, conservancy, drainage, buildings, public streets and water supply and the prohibition of public nuisance; (b) the carrying out of function and duties of Gram Panchayat mentioned in section 22, 23,24 and 28; (17) the Framing of annual estimate of income a expenditure and earmarking of funds for specific purpose ; (18) the returns to be submitted by Gram Panchayat, the form in which they are to be, the authorities to which and the time when they shall be submitted when required; (19) 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; (a) collection of State and other dues by Gram Panchayats and remuneration to be paid therefor ; (20) 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; (21) the method of account keeping of Gram Panchayats ; (22) the maintenance of public buildings and nazul land; (23) 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; (24) powers of auditors, inspection and superintending authorities to hold inquiry, summoning and examining of witnesses compelling the production of documents and all other matters connected with audit, inspection and superintendence; (25) the powers that may be exercised by Zila Panchayat or by any prescribed authority in the discharge of their obligations under this Act and the manner in which such powers may be exercised; (26) the procedure to be observed in the making of by-laws by prescribed authority for Gram Panchayat or by Gram 128 Panchayats; (27) the prescribing and printing of forms and registers generally relating to any matter under this Act or rules made thereunder; (28) the submission for approval of plans, designs, specifications and estimates; (29) the duties, powers and functions of village volunteer force; (30) the submission of annual reports by Gram Panchayats and their review; (31) persons, other than members of Gram Panchayats, who may be present in an advisory capacity in meetings of Gram Panchayats; (32) channel of correspondence between Gram Panchayat, Gram Sabha and other authorities ; (33) disposal of assets and liabilities of a Gram Sabha and a Gram Panchayat on its abolition; (34) 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, town area, or cantonment, and the manner in which the assets and liabilities of the Gram Panchayat may be disposed of in such circumstances; (35) the conditions 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 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 provision of this Act; (36) the regulation of the election of the members of the Gram Panchayat in order to secure the adequate representation of the Scheduled Castes; (37) assistance to be given by the Gram Panchayat to Government servants on any matter affecting the general administration; (38) borrowing and lending of money by Gram Panchayats; (39) the matters which are to be and may be prescribed; and (40) any matter in respect of in sub-section (8) of section 125 which power is conferred to prescribed authority to frame a bye-law for a Gram Panchayat.} Part VI- Chapter XXIV Miscellaneous Provisions Miscellaneous Provisions 129 (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 129 consent of forest department. (2) The State Government 1{may} 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 1{may} transfer 29 subjects mentioned in the 11th Schedule of the Constitution to the Panchayat as may be prescribed. (4) The State Government 1{may} 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. Chapter XXV Miscellaneous Division of territorial consciences of three tiers Panchayat and ratio of delimitation numbers 130 (1) For the purpose of election of members of Gram Panchayat, Kshettra Panchayat and Zila Panchayat every Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the member of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area. (2) each territorial constituency of a Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall be represented by member in the Gram Panchayat, Kshettra Panchayat and Zila Panchayat. (3) the territorial constituency of a Gram Panchayat, Kshettra Panchayat and the Zila Panchayat may be delimitated in the prescribed manner by the Government- (a) Any Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall, unless sooner dissolved continue for five years from the date appointed for its first meeting and no longer; ------------------------------------------------ 1-Subs words by section 13 (i),(ii) and (iii) of UK Act no 18 of 2020. 130 (b) An election to constitute a Gram Panchayat, Kshettra Panchayat and Zila 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, Kshettra Panchayat and Zila 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, Kshettra Panchayat and Zila Panchayat; (4) Any Gram Panchayat, Kshettra Panchayat and Zila Panchayat constituted upon the dissolution of a Gram Panchayat, Kshettra Panchayat and Zila 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 (4) had it not been so dissolved; (5) The constitution of a Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall be notified in such manner as may be prescribed and thereupon the Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall be deemed to have been duly constituted, any vacancy therein notwithstanding : Provided that the constitution of a Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall not be notified till the Pradhan, Pramukh, Chairman and at least two-thirds of the members of the Panchayat have been elected. 1¿(6) NNoottwwiitthhssttaannddiinngg aannyytthhiinngg ccoonnttaaiinneedd iinn aannyy ootthheerr pprroovviissiioonnss ooff tthhiiss AAcctt,, wwhheerree dduuee ttoo iinneevviittaabbllee cciirrccuum mssttaanncceess,, oorr iinn ppuubblliicc iinntteerreesstt,, iitt iiss nnoott ffeeaassiibbllee ttoo ccoonndduucctt eelleeccttiioonn ffoorr ccoonnssttiittuuttiioonn ooff aannyy GGrraam m PPaanncchhaayyaatt,, KKsshheettttrraa PPaanncchhaayyaatt oorr ZZiillaa PPaanncchhaayyaatt bbeeffoorree tthhee eexxppiirraattiioonn ooff iittss tteerrm m,, tthhee SSttaattee GGoovveerrnnm meenntt oorr aannyy ooffffiicceerr aauutthhoorriisseedd bbyy iitt iinn tthhiiss bbeehhaallff m maayy bbyy oorrddeerr aappppooiinntt aaddm miinniissttrraattoorr aanndd ssuucchh aaddm miinniissttrraattoorr sshhaallll hhoolldd tthhee ppoosstt ffoorr ssuucchh ppeerriioodd nnoott eexxcceeeeddiinngg ssiixx m moonntthhss aass ssppeecciiffiieedd iinn tthhee ssaaiidd oorrddeerr aanndd sshhaallll ddiisscchhaarrggee aallll ppoowweerrss aanndd ffuunnccttiioonnss,, ooff PPrraaddhhaann iinn ccaassee ooff GGrraam m PPaanncchhaayyaatt,, PPrraam muukkhh iinn ccaassee ooff KKsshheettttrraa PPaanncchhaayyaatt,, CChhaaiirrm maann iinn ccaassee ooff ZZiillaa PPaanncchhaayyaatt wwiitthh ppoowweerrss aanndd ffuunnccttiioonnss ooff tthhee ccoom mm miitttteeeess ooff tthhrreeee lleevveell PPaanncchhaayyaattss:: ------------------------------ 1- Subs. by Uttarakhand Act No. 27 of 2020. 131 PPrroovviiddeedd tthhaatt wwhheerree nnoo eelliiggiibbllee ccaannddiiddaattee iiss aavvaaiillaabbllee,, ffoorr PPrraaddhhaann aanndd wwhheerree iinn tthhee ooppiinniioonn ooff tthhee SSttaattee EElleeccttiioonn CCoom mm miissssiioonn iitt iiss nnoott ffeeaassiibbllee ttoo ccoonndduucctt eelleeccttiioonn dduuee ttoo eexxiisstteennccee ooff ssuucchh eem meerrggeennccyy cciirrccuum mssttaanncceess,, tthhee SSttaattee GGoovveerrnnm meenntt oorr aannyy ooffffiicceerr aauutthhoorriisseedd bbyy iitt iinn tthhiiss bbeehhaallff m maayy,, bbyy oorrddeerr,, aappppooiinntt aaddm miinniissttrraattoorr ffoorr ssuucchh ppeerriioodd aass ssppeecciiffiieedd iinn ssaaiidd oorrddeerr:: PPrroovviiddeedd ffuurrtthheerr tthhaatt wwhheerree ttwwoo tthhiirrdd m meem mbbeerrss,, hhaavvee nnoott bbeeeenn eelleecctteedd,, ffoorr tthhee ccoonnssttiittuuttiioonn ooff GGrraam m PPaanncchhaayyaatt aanndd iinn tthhee ooppiinniioonn ooff tthhee SSttaattee EElleeccttiioonn CCoom mm miissssiioonn iitt iiss nnoott ffeeaassiibbllee ttoo ccoonndduucctt eelleeccttiioonn dduuee ttoo tthhee eexxiisstteennccee ooff eem meerrggeennccyy cciirrccuum mssttaanncceess,, aannyy eelliittee ppeerrssoonn ooff ccoonncceerrnneedd GGrraam m PPaanncchhaayyaatt m maayy bbee nnoom miinnaatteedd,, bbyy tthhee SSttaattee GGoovveerrnnm meenntt oorr aannyy ooffffiicceerr aauutthhoorriisseedd bbyy iitt iinn tthhiiss bbeehhaallff,, bbyy oorrddeerr oonn tthhee ppoosstt ooff m meem mbbeerr GGrraam m PPaanncchhaayyaatt,, ffoorr ssuucchh ppeerriioodd aass ssppeecciiffiieedd iinn ssaaiidd oorrddeerr,, ttiillll eelleeccttiioonn..À Other provisions related to the electoral 131 1{(1) Subject to the supervision and control of the State Election Commission, the District Magistrate shall supervise the conduct of all elections of Chairman and Vice-chairman and Members of Panchayat in the district and shall perform all related functions to it. (2) Every local authority and the management of every educational institution receiving grant-in-aid from the State Government in the district shall, when so required by the District Magistrate, make available to him or to any other officer appointed by the District Magistrate as Election Officer, Assistant Election Officer in accordance with the direction issued by the State Election Commission, 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 officer referred to in sub-section (2) such staff as may be necessary for the performance of any duties in connection with such elections and they shall comply with every such requisition. (4) Where any employee 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 lections, he shall be bound to perform such duty.} ----------------------------------------