Section 2

Amendment status not verified — confirm the current text below against the official source.

Ins. proviso by section 3(b) of UK Act no . 27 of 2020. 38 1{Duties of Up- pradhan 32-A (1) The Up-Pradhan shall discharge all functions duties and responsibilities in absence of the Pradhan. (2) The Up-Pradhan shall preside the standing committees, of which he is Ex Officio Chairman and shall submit the details to the Gram Panchayat by hearing the functions of the concerned committee. (3) The Up-Pradhan shall discharge the delegated powers and duties under section 31 of the Act. (4) The Up-Pradhan shall assist the Pradhan in the discharge of functions and liabilities of the Gram Panchayat.} Office of Gram Panchayat 33 The Office of Gram Panchayat shall be located at Panchayat building in public place and any other Government building. Delegation of its powers by the Pradhan to Up pradhan of Gram Panchayat 34 Pradhan of the Gram Panchayat may make transfer of his duties and powers to the Up pradhan. Committees of the Gram panchayat 35 Every Gram Panchayat shall constitute such committee or committees as may be notified by the State Government from time to time, to assist the Gram Panchayat in the performance of all or any of its functions within 90 days from the date of constitution of the Gram Panchayat under this Act. The Gram Panchayat may delegate their such powers and functions as it deem fit for the performance of functions of the Gram Panchayat, its committees and such sub committees and their Chairman, Members, quorum and other provisions shall be such as may be prescribed. 2{Appointment of women member as Chairman in Education Committee and Health and Welfare Committee 35-A The woman member shall be appointed as Chairman in the Education Committee and Health and Welfare Committee of Gram Panchayat, as may be prescribed in the rules} Chapter VI The officers and employees of the Gram Panchayat and penalties and procedure for violation and infringement of the provisions of the Act Officers, Employees/ Secretary of the Gram Panchayat 36 (1) For every Gram Panchayat or group of the Gram panchayat as may be prescribed by the State Government there shall be a full time Gram Panchayat officer/Secretary. The Gram Panchayat by the special resolution for the conduct of their business may also appoint any other employees with the prior approval of the prescribed officer. ----------------------------------------------------------- 1- Ins. by section 9 of UK Act No. 10 of 2019. 2- Ins. by section 7 of UK Act no 12 of 2021. 39 (2) The State Government may by genral or special order, any employee or class of employees serving in connection with the affairs of the State to serve under the Gram Panchayats with such designation as may be specified in the order and such employees shall serve under the control and supervision of Gram Panchayat and follow such duties, which may be specified by the State Government from time to time . (3) The State Government may direct any other Government servant to assist the said Government servent. Power, duties and functions of the officers of Gram Panchayat 37 The Powers, duties and functions of the officers and other employees of Gram Panchayat shall have as may be prescribed. Dispute between Gram Panchayat and Nagar Panchayat 38 If any dispute arises as to the jurisdiction of a Gram Panchayat or between two or more Gram Panchayats or between a Nagar Panchayat,1{Nagar Palika Parishad, Nagar Nigam, Cantonment Board, Notified Area or Town Area} 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 record in Gram Panchayat 39 Notwithstanding anything contrary to any other provisions of this Act— (a) all records of Gram Panchayat shall be in the custody of its Pradhan. The secretary of Gram panchayat shall be liable for the maintenance of the records, which are in the supervision of Gram Pradhan; (b) the Pradhan shall, on an application and on payment of such fee as may be prescribed, shall give a copy of any such records and certify it as a true copy under his signature and seal of the Gram Panchayat. (c) The Gram Panchayat shall be maintained such all records as may be prescribed by the State Government from time to time. Chapter VII Fund, property and contracts of Gram Panchayats Custody or deposit of the Gram Nidhi 40 Under the provisions of this Act as may be determined by the State Government in case of Gram Panchayat the Gram Nidhi shall be deposited in any such Government Treasury and sub Treasury or by such account open in any Nationalized Bank, Local Bank, Cooperative Bank and post office. The drawing and disbursing of the fund shall be made by the Pradhan and Secretary/ Gram Panchayat Officer by joint signatures. ------------------------------- 1- Inserted words by section 8 of UK Act no 12 of 2021. 40 Establishment of Land Management Committee 41 (1) The Gram Panchayat shall also be the Land Management Committee and as such discharge the duties of up-keep, protection and supervision of all property belonging to or vested in or held by the Gram Panchayat under section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (as applicable in Uttrakhand State) or under any other provisions of the said Act. (2) The Pradhan shall respectively be the Chairman of the Land Management Committee, and the Lekhpal of the area comprised in the jurisdiction of the Gram Panchayat shall be its Secretary. Function of the Land Management Committee 42 (1) The Land Management Committee shall for and on behalf of the Gram Panchayat be charged with the general management, preservation and control of all property referred to- (a) the settlement and management of land but not including the transfer of any property for the time being vested in the Gram Panchayat under section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (as applicable in the State of Uttrakhand State) or under any other provisions of the said Act, (b) the preservation, maintenance and development of forests and trees; (c) the maintenance and development of abadi sites and village communications; (d) the management of hats, bazars and melas; (e) the maintenance and development of fisheries and tanks; (f) the conduct and prosecution of suits and proceedings by or against the Gram Panchayat relating to or arising out of the functions of Samiti ; (g) the performance of functions specifically assigned to the Land Management Committee under the U. P. Zamindari Abolition and Land Reforms Act, 1950 1950 (as applicable in Uttrakhand State)or any other enactment ; (h) any other matter relating to such management, preservation and control as may be prescribed and may exercise all powers of the Gram Panchayat necessary for or incidental to the discharge of such duties; 1{(i) to assist in the land holding process;} (2) The Land Management Committee shall function subject to the provisions of U. P. Zamindari Abolition and Land Reforms Act. ----------------------------- 1- Inserted by section 9 of UK Act no 12 of 2021. 41 Property vested in Gram Panchayat 43 (1) Subject to any savings made by the State Government, all property of the kind specified in this section and situated within the Gram, shall vest in and belong to the Gram Panchayat and shall with all other property which may become vested in the Gram Panchayat, be under 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 Gram Nidhi ; (b) all public roads, which have been constructed or are maintained out of the Gram Nidhi and the stones and other materials thereof and also all trees, erections, materials, implements and things provided for such roads; (c) Public land and other property transferred by Government to the Zila Panchayat, Kshettra Panchayat and Gram Panchayat or transferred by gift, sale or otherwise for local public purposes. (d) Right to acquire land- Where a Gram Panchayat or a number of a Gram Panchayats which have consolidate under the provisions of section 42(a) or 160 require any land to carry out any purpose of this Act, it or they shall first try to have the land by private negotiation and if the parties concerned fail to arrive at an agreement, such Gram Panchayat or Gram Panchayats may make an application in the prescribed form to the Collector to acquire the land and the Collector may acquire such land for such Gram Panchayat or Gram Panchayats. (e) Disposal of claims- Where any dispute arises as regards to the ownership of any property mentioned in section 43 between a Gram Panchayat and any person, the Gram Panchayat shall give such persons a reasonable opportunity of being heard and then decide whether to treat the said property as the property of the Gram Panchayat or not ? Preparation and passing of the Budget of Gram Panchayat 44 (1) Every Gram Panchayat shall, within such period and in such manner as may be prescribed, prepare a statement of the estimated receipts and expenditure of the Gram Panchayat for the financial year commencing on the first day of April next following which shall be passed by the Gram Panchayat by a simple majority of the members present and voting at a meeting of the Gram Panchayat and the quorum for such a meeting shall be more than half of the total number of the members of the Gram Panchayat. (2) The responsibility of preparing budget of Gram Panchayat shall be on the Secretary of Gram Panchayat. (3) The Secretary shall forward the passed budget of Gram Panchayat within five days from the date of budget passed by 42 Gram Panchayat to the approval of concerning Kshettra panchayat. (4) The Kshettra panchayat shall return budget of Gram panchayat up to the fixed date in original or with required modification to the Gram Panchayat. The Gram panchayat as per these modification with prepare budget shall forward again to the Kshettra Panchayat within the determined time and the Kshettra panchayat shall return the passed budget before the determined date to the Gram panchayat. If the Kshettra Panchayat not approv the budget of Gram Panchayat within 15 days then the budget of Gram Panchayat shall be deemed finally passed. Audit of Accounts of the Gram Panchayat 45 (1) (a) The Audit of the accounts of the Gram Panchayat shall be made every year in such procedure as may be appoint by local fund account 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. (b) On the reciept of audit report the Panchayat shall remove errors and irregulatory found in the audit and compliance report shall forward to the local fund account audit department or other authority within three months, determined for this purpose by the State Government. (2) The social audit of all plans conducted in the Gram Panchayats shall also be made. Chapter VIII Taxation and Levy of Fees, Cess and Tolls Tax and other source of income of Gram Panchayat 46 For the purpose of this Act, the Gram Panchayat may impose following tax and fees under its own jurisdiction; (1) (a) in areas where the right, title and interest of intermediaries have been acquired under the Zamindari Abolition and Land Reforms Act 1950 the Jaunsar Bawar Zamindari Abolition and Land Refonds Act, 1956 or the Kumaun and Uttara khand Zamindari Abolition and Land Reforms Act, 1960, a tax on land not less than twenty-five paise but not exceeding fifty paise in a rupee on the amount of land revenue payable or deemed to be payable therefor, Provided that where the land is in the actual cultivation of a person other than the person by whom the land revenue therefor is payable or deemed to be payable, the tax shall be payable by the person in actual cultivation. (b) areas other than those referred to in clause (a), a tax on land revenue not less than twenty five paise but not exceeding fifty paise in a rupee on the amount of land revenue payable by a tenant, by whatever name he called, under the law in force relating to land tenures; ------------------------------------- 43 Provided that where the land is in the actual cultivation of the person other than the person liable to pay land revenue thereof, shall be payable by the person in actual cultivation of such land. (2) Tax on profession of other types in jurisdiction of the Gram Panchayat except Agriculture and Horticulture. (3) fee on transfer of property under the jurisdiction of Gram Panchayat. (4) fee on all type of purchase and sale under the jurisdiction of Gram Panchayat in which purchese and sale of cattle’s is also include. (5) 1{The Gram Panchayat may recover fee by making byelaws on the following under its jurisdiction} - (a) fee on vehicles, which are running within the exclusive jurisdiction of the Gram Panchayat; (b) sanitary fee, if the Gram Panchayat made provisions for sanitary; (c) fee on drinking water and irrigation, if the Gram Panchayat made provisions for drinking water and irrigation; (d) fee on Haat market and fairs; (6) The tax and fee may be imposed by the tri-Panchayat on wedding points, Mandap, resort, entertainment places as such as may be prescribed by the State Government. (7) The imposition of cess on sale in the shops of Government liquor established within the limit of Gram Panchayat as may be prescribed by the State Government. (8) The fee imposition on sanctioning maps of building construction and modifications as may be prescribed in the rules by the State Government. (9) Building Tax- imposition of fixation of annual tax on the basis of total area limit within the Gram Panchayat; Provided that the State Government may change, amend or rescind as determined as per necessity. (10) In which jurisdiction of Panchayats running work of sand, gravel etc. mining works or functining under the three level Panchayat, the State Government may direct under the rule for determined share of royalty to the Panchayats. (11) If any villagers to keep Haat market in the Gram Panchayat, then the concerned Gram Panchayat has right to issue licence of such halt, such provisions may be incorporated, as may be prescribed. 2{(12) In the rural areas, the animal slaughter house, meat and fish vendor shall have to obtain a no objection certificate from Gram Panchayat before issuance a license from the Food Safety and accordingly the Gram Panchayat shall make provision for levying such fee, etc on it, as may be prescribed.} -------------------------------- 1- Subs. by section 4 (i)of the UK Act No 18 of 2020. 2- Subs. by section 4(ii) of the Uk Act no. 18 of 2020. 44 (13) The provisions may be made for surcharge on stamp duty, the State Government may made provisions in the rules by the consultation of the law department. (14) The powers of imposition of tax on advertisement, holdings etc. in the Panchayat area may be given to the concerning Panchayats. The State Government shall determined separate jurisdiction for Panchayats of tri levels. (15) In case of misappropriation and encroachment of property etc. 1{under its jurisdiction}, the powers of fine and punishment may be given to the Gram panchayats as may be prescribed. (16) To collect rubbish, filthiness (cleaning of roads regularly, cleaning of filthiness every day, removal of dead cattle’s, dustbin, to collect personal rubbish, to reach upto rubbish depot, dead body of dustbin and cattle’s, institutional rubbish, ashes, dust the apace for temporary collection of domestic rubbish and provisions relating to pot holder) from every house and powers of solid waste management may be given to the Gram Panchayat within his jurisdiction. (17) if cleaning is done by the Gram Panchayat, then a tax may impose for cleaning of private toilets and drains which shall be payable by the owners or occupiers of the house to which the private toilet or drain is attached; (18) a tax for cleaning and lighting of streets and sanitation. Powers to borrow 47 The Gram Panchayat may take barrow from Nabard on permission of the State Government for employment, running cottage industry, horticulture to the local peoples. 48 2{***} Recovery of dues of Gram Panchayat 49 Any sum due to a Gram Panchayat under this Act or under any rule or bye-laws made thereunder and declared by this Act or such rule or bye-law to be recoverable in the manner provided by this chapter shall, mutatis mutandis, be recovered as provided and prescribed as such manner in this chapter. --------------------- 1- Subs. by section 4(iii) of the Uk Act no. 18 of 2020. 2- Omitted by section 10 of UK Act no. 12 of 2021. 45 Part III Chapter IX Establishment a Constitution of Kshettra Panchayat, disqualification and Election Structure and incorporation of Kshettra Panchayat 50 (1) Division of rural areas into Khands- The State Government shall by notification in the Gazette divide the rural area of each district into Khands specifying each Khand by a name and the limits or constituents of its area and may likewise change the names or make modifications in the areas and limits of the Khands by including therein or excluding therefrom areas or create new Khands. (2) 1{When any area is excluded from one Khand and included in another under sub-section (1), such area shall cease to subject to the jurisdiction of the Kshettra Panchayat of the Khand from which it has been excluded and become subject to the jurisdiction of the Kshettra Panchayat of the khand in which it has been included and to the rules, notifications, orders, directions and notices applicable thereto and the State Government may place at the disposal of such Kshettra Panchayat such portion of asset of the Kshettra Panchayat from whose jurisdiction the area has been excluded as it may deem proper and may make such temporary orders and direction as it may consider necessary to effectuate the change: Provided that where the area excluded from the one Khand is included in a new Khand having no Kshettra Panchayat constituted thereof, then until a Kshettra Panchayat is constituted for the new Khand, the Kshettra Panchayat of the Khand from which that area has been excluded, shall continue to exercise. Jurisdiction in that area, and anything done or any action taken including any appointment or delegation made, notification, order or direction issued, rule, regulation, form bye-laws or scheme, order or direction, permit or licence granted or registration effected under the provisions of this Act in respect of such area by such Kshettra Panchayat, shall with respect to the new Khand, be deemed to have been done by the new Kshettra Panchayat under the provisions of this Act and shall continue in force accordingly until superseded by anything done or any action taken under this Act.} (3) There shall be a Kshettra Panchayat for every Khand bearing the name of that Khand and constituted as hereinafter provided. A Kshettra Panchayat shall consist of a Pramukh, who shall be its presiding one Senior Up Pramukh and Junior Up Pramukh, which shall be constituted by- -------------------------------------------- 1- Substituted by section 11(i) of UK Act no 12 of 2021. 46 1{(a) The elected members, who shall be elected by the direct election from the territorial constituencies of the Panchayat area and for this purpose the Panchayat area shall be divided into territorial constituencies in the following manner- (1) There shall be 20 territorial constituencies in the development blocks of hill area having the population upto 25000 and in the blocks having the population more than 25000 there shall be gradual proportional increase in the number of the territorial constituencies but shall not exceed 40. (2) There shall be 20 territorial constituencies in the development blocks of plane area having the population upto 50000 and in the development blocks having the population more than 50000 there shall be gradual proportional increase in the number of the territorial constituencies but shall not exceed 40: Provided that the proportional population of the territorial constituencies in the blocks will be the same as far as practicable: Provided further that a part of the territorial constituency of the Gram Panchayat shall not be included in the territorial constituency of any Kshettra Panchayat; } (b) all the Pradhans of the Gram Panchayats in the Khand; (c) Member of State Vidhan Sabha and Lok Sabha; (d) the members of the Rajya Sabha who are registered as electors within the Khand. The member of Kshettra Panchayat mentioned in clauses (b), (c) and (d) of sub-section (3) shall be entitled to take part in the proceedings and vote at the meetings of the Kshettra Panchayat except in matters of no-confidence motion against the Pramukh or the senior Up-Pramukh or junior Up-Pramukh; Provided that on no confidence motion of Pramuks and senior Up Pramuk and Junior Up Pramukh of Kshettra panchayat, the matter shall considered only by elected member of the Kshettra Panchayat. (4) Every elected member of the Zila Panchayat representing constituency which comprises, wholly or partly, any Kshettra Paanchaayt, shall be entitled to take part and express his views in the meetings of such Kshettra Panchayat as a special invitee but shall have no right to vote in such meetings. --------------------------- 1- Substituted by section 11(ii) of UK Act no 12 of 2021. 47 (5) 1{***} (6) Every elected member of the Zila Panchayat representing constituency which comprises, wholly or partly, any Kshettra Paanchaayt, shall be entitled to take part and express his views in the meetings of such Kshettra Panchayat as a special invitee but shall have no right to vote in such meetings. (7) Standard for territorial constituencies of the Kshettra panchayat - (a) For constitution of the Kshettra Panchayat according to the provisions made by the Act from time to time shall be under the direction and final delimitation which shall be notified by the State Government. (b) There shall be 20 territorial constituencies in the Khand of hill areas having the population upto 25,000 and 20 territorial constituencies in the Khand of planes areas having the population more then 50,000 in the respective Khand, there shall be gradual proportional increase in the number of the territorial Panchayat Khand constituencies but shall not exceed 40; Provided that the proportional population of the territorial constituencies in the releted Khand will be the same as far as practicable; Provided further that territorial constituency of any constitutent village Panchayat in the regional election area of any Kshettra panchayat shall not be included partially. Constitution and reconstitution of a Kshettra Panchayat 51 The State Government shall arrange the constitution or the reconstitution of the present area of Kshettra Panchayat in every districts if any, thereof before the expiry of its term or when otherwise required for the purposes of this Act. Removal of difficultes in the establishment of Panchayats 52 If, in establishing any Kshettra Panchayat any dispute or difficulty arises regarding the interpretation of any provisions of this Act or any rule made thereunder or any matter arising out of or relating to such interpretation or any matter not provided in this Act, the same shall be referred to the State Government whose decision thereon shall be final and conclusive. --------------------------- 1- Omitted by section 11(iii) of UK Act no 12 of 2021. 48 Disqualifications for membership of Kshettra Panchayat 53 (1) A person shall be disqualified for being elected as and for being a member of a Kshettra Panchayat, if he-- (a) is so disqualified by or under any law for the time being in force for the purposes of election of the State Legislature; Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) he have salaried servant of Gram Panchayat/ Kshettra Panchayat / Zila Panchayat; (c) holds any office of profit under a State Government or the Central Government or a local authority or controlled by any State Government or Central Government or any Board, bodies or corporation owned or controlled by any State Government or Central Government in which Aaganbadi Assistant, Attendance, Secretary of Cooperative Committee and salary paid employees and working employees on honorarium under the State and Central sponsored schemes shall be include; (d) has been dismissed from the service of a State Government, the Central Government or a local authority for misconduct; (e) is in arrears of any tax, fee rate or any other dues payable by him to the Kshettra Panchayat 1{Gram Panchayat or Zila Panchayat} for such period as may be prescribed or has inspite of being required to do so by Kshettra Panchayat 1{Gram Panchayat or Zila Panchayat}, failed to deliver to it any record or property belonging to it which had come into his possession by virtue of his holding any office under it ; 2{(f) he is Chairman, Vice-chairman, councilor, ward member or member of any Municipal body}; (g) is an undischarged insolvent; (h) has been convicted of an offence involving moral turpitude; (i) has been sentenced to imprisonment for a term exceeding three months for contravention of any order made under the Essential Commodities Act, 1955; --------------------------- 1- Inserted by section 12(A)(i) of UK Act no 12 of 2021. 2- Subs. by section 12(A)(ii) of UK Act no 12 of 2021. 49 (j) has been sentenced to imprisonment for a term exceeding six months or to transportation for contravention of any order made under the Essential Supplies (Temporary Powers) Act, 1946 or the U.P. Control of Supplies (Temporary Powers) Act, 1947; (k) has been sentenced to imprisonment for a term exceeding three months under the U.P. Excise Act, 1910(As applicable in the State of Uttrakhand); (l) has been convicted of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985; (m) has been convicted of an election offence ; (n) has been convicted of an offence under the U.P. Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955; (o) has been removed from office under section 138 unless such period, as has been provided in this behalf in the said section or such lesser period as the State Government may have ordered in a particular case has elapsed; Provided that the disqualification under clause (e) shall cease upon payment of arrears or delivery of the record or property, as the case may be; Provided further that a disqualification under any of the clauses referred to in the first proviso may, in the manner prescribed, be removed by the State Government. (p) In place of women member/ Pramuks/ senior Pramukh/ junior Up Pramukh of Kshettra Panchayat, if her husband or other family members or relative shall preside the meetings and discharged the duties of Kshettra Panchayat and declared faulty then said women and concerning person who is presiding meetings and discharged the duties, both shall be disqualified for forthcoming general election of three level of Panchayat. -------------- 50 1{(q) He has not passed High School or equivalent examination from any recognized institution/ Board: 2{Provided that in the matter of General Category women, Other Backward Classes women and Scheduled Caste/Scheduled Tribes candidate has not passed minimum Middle/Eight examination;}2 (r) He has more than two living children. 3{(s) If he or his family member or his legal heir is in unauthorized possession of Government/ Panchayati raj land or get benefit from such unauthorized possession} (t) He has embezzled Government money or recovery of government money is against him or is owed of government money. (u) He comes under the provisions of Section 8, Section 8A, Section 9, Section 9A and Section 10 of the Representation of the People Act, 1951.} (2) Disqualification due to corruption- An authority competent to decide election disputes under this Act or the rules made thereunder may declare any candidate found to have committed any corrupt practice to be incapable, for any period not exceeding five years from the date of declaration, of being chosen as a member of a Kshettra Panchayat, or elected as a Pramukh of a Kshettra Panchayat or of being appointed or retained in any office or place in the gift or disposal of a Kshettra Panchayat. (3) Disqualification as for no-toilets- (a) If any person convicted by the competent court under the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, then he shall be disqualified for contesting Panchayat election. (b) If there is no toilets established in the house of those persons residing in the jurisdiction of concerned Panchayat, they shall be disqualified for the candidature of the Panchayat at election. ------------------------------------------------------ 1-Ins. by section 10(a) of Uttarakhand Act no 10 o 2019. 2- Subs. by section 4(i) of UK Act no 9 of 2020. 3- Subs. by section 12(A)(iii) of UK Act no 12 of 2021. 51 2{(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 shall remain on his office/ post till the cessation of tenure of the concerned Panchayat.} (5) Decision on question as to disqualification- If any question arises as to whether a person has become subject to any disqualification mentioned in any section of under this Act, the question shall be referred to the prescribed authority for the decision and his decision shall, subject to the result of any appeal as may be prescribed, be final; Provided that if the name of any person struck off from the electoral roll of Kshettra panchayat by reason of any such disqualification shall forth with be reinstated in that roll, if such disqualfication is, during the period of such electoral roll is in force, removed under any law authorizing such removal. (6) Prohibition of holding more than one seat simultaneously of Panchayats- Any person neither be candidate in the election from one or more territorial constituencies election areas in the Kshettra Panchayat nor he may hold one or more post in the Kshettra Panchayat. 1{(7) Further bar on holding two office simultaneously- (1) A person shall be disqualified for holding the office of The Pramukh, senior Up-pramukh, junior Up-Pramukh or member of the Kshettra Panchayat, if he is- (a) Member of the Parliament or State Legislature; or (b) Pradhan, Up-Pradhan or Member, of any Gram Panchayat, or (c) The Chairman, Vice chairman or Member of any Zila Panchayat, or ----------------------------------------------- 1- Inserted by section 10(c) of UK Act NO 10 of 2019. 2-Substituted by section 12(B) of Uttarakhand Act no 12 o 2021. 52 2{(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, shall cease to hold the office of Pramukh, senior up- pramukh, junior up-pramukh or member of the Kshettra Panchayat, as the case of may be if subsequently he is elected to any of the offices mentioned in clauses (a) to (f) of sub-section (1) with effect from the date of such subsequent election and thereafter, may be the post of Pramukh, Up-pramukh or member, as the case may be, shall be deemed casual vacancy.} 1{Electoral rolls for each territorial constituency of Kshettra Panchayat 54 (1) There shall be an electoral roll for each territorial constituency of a Kshettra Panchayat. (2) The electoral roll for the territorial constituency of a Kshettra Panchayat shall consist of the electoral rolls prepared under Section 9 of the Uttarakhand Panchayati Raj Act, 2016 for all territorial constituencies of a Gram Panchayat or Gram Panchayats comprised within the territorial constituency of the Kshettra Panchayat and it shall not be necessary to prepare or revise separately the electoral roll for any such territorial constituency of a Kshettra Panchayat; Provided that any correction, deletion or addition made in the electoral roll after the last date for making nominations for any election to the Kshettra Panchayat and before the completion of that election shall not be taken into consideration for the purposes of that election. (3) Save as otherwise provided by or under the various sections of this Act, every person whose name is, for the time being, included in the electoral roll for the territorial constituency of a Kshettra Panchayat shall be entitled to vote at any election thereto and be eligible for election to the membership or of any office in the Kshettra Panchayat; Provided that a person who has not completed the age of twenty-one years shall not be qualified to be elected as member or office bearer of the Kshettra Panchayat.} --------------------------------- 1.Subs. by section 11 of UK Act No.10 of 2019. 2- Subs. by section 4(ii) of UK Act no. 9 of 2020. 53 Chapter X Kshettra Panchayat and its office bearer and their election Election of Pramukh, Senior Up Pramukh, Junior Up pramukh 2{***} of Kshettra Panchayat 55 (1) Elected members of every Kshettra Panchayat shall elect a Pramukh and a Senior Up Pramukh and a Junior Up Pramukh from themselves. (2) Notwithstanding vacant any post of elected member of the Kshettra Panchayat, the election for the office of the Pramukh and Up Pramukh may be made; Provided that the election of Pramukh, Up Pramukh shall be made in prescribed procedure of election according the provisions given in this Act by the elected member of the Kshettra Panchayat from themselves; Provided further that for the office of the Pramukh and Up Pramukh of the Kshettra Panchayat, the provisions of sub section (2) shall be apply mutatis mutandis. 1{Reservation for the post of Pramukh of the Kshettra Panchayat 55-A (1) In Kshettra Panchayats, seats of Pramukh may be reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes; Provided that the total number of seats of Pramukh so reserved for the Scheduled Castes, the Scheduled Tribes or the Backward Classes shall as nearly as may be, bear the same proportion to the total number of such seat 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 Kshettra Panchayats in such order as may be prescribed : Provided further that reservation for Backward Classes shall not exceed 14 percent of total number of the seat of Pramukh: 3{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 sub section (1) shall be reserved for the women belonging 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 Pramukh, under sub-section (2) shall be reserved for women and such seats may be alloted in different Kshettra Panchayats by rotation in such order as may be prescribed. -------------------------------------------- 1-Insertion by section 12 of UK Act no. 10 of 2019. 2- Omitted words by section 13 of UK Act no 12 of 2021. 3- Ins. by section 14 (i) of UK Act no 12 of 2021. 54 (4) Reservation for seats of the Pramukh under this Section for Scheduled Castes and Scheduled Tribes shall not be effective at the end of the period specified in article 334 of the Constitution of India.} {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 the Scheduled Caste, Scheduled Tribes, Backward Classes, Women in the Kshettra Panchayat 56 In every Kshettra 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 Kshettra Panchayat as the population of the Scheduled Castes in the Khand or of the Backward Classes in the Khand bears to the total population of such Khand and such seats may be allotted by rotation to different territorial constituencies in a Kshettra Panchaayt in such order as may be prescribed ; Provided that the reservation for the Backward Classes shall not exceed forteen per cent of the total number of seats in the Kshettra 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 one-half of the seats reserved shall be reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be. (b) Not less than one-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 Kshettra Panchayat in such order as may be prescribed. (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. Explanation—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. ------------------------------------------ 1- Inserted by section 14 (ii) of UK Act no 12 of 2021. 55 Term of Kshettra Panchayat and its Office-bearer 57 (1) Every Kshettra Panchayat shall unless sooner dissolved under this Act, continue for five years the date appointed for its first meeting and no longer. (2) Amendment in any level of any law for time being in force shall not dissolve such Kshettra panchayat working before such amendment unless the time as specified in sub-section (1) terminate/ finishes. (3) Save as otherwise provided in this Act the term of office of a Pramukh or Up Pramukh of a Kshettra Panchayat shall extend up to the term of the related Panchayat. Mode of election 58 1{The election for the post of Member of Kshettra Panchayat shall be made by Ballot Paper or EVM through the secret ballot procedure: Provided that there shall be no bar on Panchayat to elect unopposed the office holders mentioned in this Section.} Superintendence of the elections of Kshettra Panchayat and establishment of State Election Commission etc. 59 (1) The conduct, Superintendence, direction and control of the elections to the office of Pramukh, Up-Pramukh 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 of Pramukh, Up Pramukh and Members. (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 Pramukh, Up-Pramukh and Members of a Kshettra Panchayat. (4) For above purposes, there shall be establishment of State Election Commission at State level. Chapter XI Resignation of office bearer, termination, fulfilment of casual vacancies of Kshettra panchayat and internal and external control thereof. Resignation of office bearers of Kshettra Panchayat 60 (1) A Pramukh Up-Pramukh or a Member of a Kshettra Panchayat may, by writing under his hand addressed to District Magistrate, resign. (2) If resigning Pramukh, Up Pramukh or member not withdraw his resignation within ten days then after the sanction of Zila Magistrate the resignation by the Pramukh, Up Pramukh or members office shall be deemed vacant from the date of receiving in the office of Kshettra panchayat. ---------------------------------------- 1- Subs. by section 13 of UK Act no 10 of 2019. 56 Filling of casual vacancies in Kshettra Panchayat 61 If a vacancy occurs by reason of death or removal, resignation or refusal or otherwise in the office of Pramukh, Up-Pramukh to take oath of an office member of the Kshettra Panchayat, it shall be filled from the date of such vacancy in the manner provided in this Act, for the residue of the term of Panchayat; Provided that if on the date of occurrence of such vacancy the residue of the term of the Panchayats is less than six months, the vacancy shall not be filledup. Arrangement in absence of Pramukh of Kshettra Panchayat 62 When the Pramukh is unable to discharge his functions owing to absence, illness or any other cause, and the office of Up- Pramukhs are vacant, or when the Up-Pramukh, if, acting under the provisions of this Act, during the vacancy in the office of Pramukh is unable to discharge his functions owing to absence, illness or any other cause, the prescribed authority may, by order, in written make such arrangement, as he thinks fit, for the discharge of the functions of the Pramukh, until the date on which the Pramukh as the case may be resumes his duties. Motion of no confidence in Pramukh, Up- Pramukh, Senior Up Pramukh and Junior Up Pradhan and quoram of meetings 63 (1) A written notice of intention to make the motion on no confidence in such form in Pramukh or Up Pramukh as may be prescribed signed by at least half of the total number of elected members of the Kshetttra Panchayat for the time being together with a copy of the proposed motion, shall be delivered in person, by three of the members signing the notice, to the Chief Development Officer having jurisdiction over the Kshettra Panchayat. (2) The Chief Development Officer shall thereupon:- (a) convene a meeting of the Kshettra Panchayat for the consideration of the motion of no confidence at the office of the Kshettra 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 ; and (b) give to the members of the Kshettra Panchayat notice of not less than fifteen days of such meeting in such manner as may be prescribed. (3) Related/ Associated Chief Development officer may direct the sub district magistrate or any district level officer to preside such special meeting. (4) If, within half an hour from the time appointed for the meeting such officer/ sub-district Magistrate is not present to proceed at the meeting, the meeting shall stand adjourned to the date and time to be appointed by may prescribed officer. ---------------------------------------- 57 (5) If the officer/ sub district magistrate mentioned in sub-section (4) 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 later than 25 days from the date appointed for the meeting subject to sub-section (2). He shall without delay inform the Chief Development Officer in writing of the adjournment of the meeting. The Chief Development Officer shall give to the members at least ten days Notice of the next meeting in the manner prescribed under sub-section (2). (6) Save as provided in sub-sections (4) and (5), a meeting convened for the purpose of considering a motion under this section, shall not be adjourned. (7) As soon as the meeting convened under this section commences, the Presiding Officer shall read to the motion for the consideration of which the meeting has been convened and declare it to be open for debate. (8) No debate on any motion under this section shall be adjourned. (9) 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 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. (10) The presiding Officer shall not speak on the merits of the motion and he shall not be entitled to vote thereon. (11) A copy of the minutes of the meeting, together with a copy of the motion and the result of the voting thereon, shall be forwarded forthwith on the termination of the meeting by the Presiding Officer to the State Government and District Magistrate having Jurisdiction; (12) 1{If the motion is passed with the support of two-third of the total number of elected members of the Kshettra Panchayat for time being}- (a) the Presiding Officer shall cause the fact to be published by affixing a notice thereof on the notice board of the office of the Kshettra Panchayat ; (b) the Pramukh or Up-Pramukh, as the case may be, shall cease to hold office as such and vacate the same on and from the date; Provided that- ---------------------------------------------- 1- Substitued by section 15 of UK Act no 12 of 2021. 58 In computing the period of thirty days specified in this sections, 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 notices of the meeting to the member, shall be excluded; Provided further that motion of any no confidence against the Pramukh, Up Pramukh- (1) from resuming his office from such date within the period of one year; (2) from such date in which his period as the case may be ending, within the tenure of preceding six months; (3) from such date in which the no confidence motion was rejected within the period of one year shall not kept before the Kshettra Panchayat. Powers of State Government in case of default of Kshettra Panchayat 64 (1) If at any time, upon representation made or otherwise, it appears to the State Government that a Kshettra Panchayat, or joint Committee, or other Committee of the kshettra Panchayat has made default in performing a duty imposed on it by or under this or any other Act, 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 aforesaid 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 Kshettra Panchayat. (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 authority having the custody of the Gram Nidhi, Kshettra Nidhi and Zila Nidhi to pay the expenses from such fund. External control over Kshettra Panchayat 65 In case of Kshettra Panchayat the District Magistrate shall be prescribed authority and such powers, duties, acts is vest in the director Panchayati Raj, they shall be deemed vest in the District Magistrate in case of such Kshettra panchayat. --------------------------------------- 59 Chapter XII Functions, meetings, duties, rights and administration of Kshettra Panchayat Meetings and function, duties, powers and administration of Kshettra Panchayat 66 (1) A Kshettra Panchayat shall meet quarterly for the transaction of business minimum four meetings. (2) The Pramukh, in his absence from the Up-Pramukh, may convene a meeting of the Kshettra Panchayat whenever he thinks fit and shall, upon a requisition made in writing by not less than one-fifth of the members of the Kshettra Panchayat and served on the Pramukh or Up Pramukh or sent by registered post acknowledgment due addressed to the Kshettra Panchayat at it office, must convene a meeting of the Kshettra Panchayat of the service or receipt of such requisition. (3) A meeting may be adjourned until the next or any subsequent day and adjourned meeting shall be organised within one month. (4) Every meeting shall be held at the office of the Kshettra Panchaayt or at some other convenient place of which notice has been duly given. (5) The quorum for the meeting of Kshettra Panchayat shall be one third of the 1{members}. For any adjourned meeting the quorum shall be one third but when, quorum of the meeting is not completed second time, then the quorum for next meeting shall be one fifth; Provided that for convened meeting agenda shall be as it is; Provided further that in case of necessity the special meeting of the Kshettra panchayats may be conducted. (2)Procedure of meetings of Panchayats etc.- The following matters relating to meetings of Kshettra 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 Pramukh and the Up Pramukh ; (d) asking of questions by members; (e) notice of meeting; (f) maintaining of order at the meeting; (g) decision by vote ; ----------------------------------------------- 1- Susb. by word of section 15 of UK Act no 10 of 2019. 60 (h) minute book and resolutions; (i) right of government employes, persons authorized by the State Government and other persons to attend and take part in discussions ; (j) right of Kshettra Panchayat to require attendance of employees of the State Government to attend its meetings ; (k) right of officers of the Kshettra Panchayat in regard to meetings ; (l) right of the Kshettra Panchayat to require reports, returns; etc. from the Block Development Officer; and (m) other incidental matters which need or ought to be prescribed. (3) Powers of Kshettra Panchayat to require report, etc. and right of interpellation- The Kshettra Panchayat may require the Pramukh and Secretary / the Block Development Officer produce of any of its meetings- (a) any return, statement, estimate, statistics or other information regarding any matter pertaining to the administration of the the Kshattra 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 Pramukh Khand Vikas Adhikari, or which is recorded or filed in the office of the any servant of the Kshettra Panchayat, as the case may be. (4) Saving in respect of jurisdiction of Kshettra Panchayats- Nothing in this Act shall confer on any Kshettra Panchayat any right in respect of any work or institution carried out and maintained by any agency not under the control of such Kshettra Panchayat, entitle a Kshettra 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, provided that the Kshettra Panchayat may nevertheless: Provided that Kshettra Panchayat- (a) construct, maintain and control within the aforesaid limits any school, library, hospital, dispensary, poor house, asylum, orphanage, inspection house or other building or institution 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. ----------------------------------------- 61 General powers and duties of the Kshettra Panchayat 67 (1) Conferred under this Act or in relation to acts assigned him by the State Government and with the collection of received project from Gram Panchayat, prepare annual plan and produce before the Zila Panchayat; (2) To sanction annual plan and Budget of the Gram Panchayat; (3) To prepare Budget of Kshettra Panchayat and produced before the Zila Panchayat; (4) To maintain coordination with Gram panchayat and to gives guidelines; (5) To provide emergency help in the natural calamities; and (6) To exercise powers and discharge functions assigned or delegated to him by the State Government or Zila Panchayat. In addition to the said powers and duties every Kshettra Panchayat shall exercise its powers and functions within the block/ Khand as refered in secion 74(a). Preparation of plans by Kshettra Panchayat 68 (1) Every Kshettra Panchayat shall prepare a development plan every year for their own Khand including the development plan of Gram Panchayats of Khand of Kshettra Panchayat. (2) The plan referred to in sub-section (1) shall be prepared by the Planning and Development Committee with the help of the Secretary/Khand Vikas Adhikari, in the manner prescribed and submit it to the Kshettra Panchayat. (3) The Secretary/Block Development Officer shall submit the plan as approved by the Kshettra Panchayat to the Zila Panchayat before such date as may be, prescribed. (4) 3{***} All officers of a Kshettra Panchayat to be public servants 69 Every Pramukh, Up Pramukh, and officer or servant of a Kshettra 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 and a Kshettra Panchayat: 22{{PPrroovviiddeedd tthhaatt PPuubblliicc SSeerrvvaanntt sshhaallll bbee ddeeeem meedd ttoo bbee aa PPuubblliicc SSeerrvvaanntt iinn iitt’’ss KKsshheettttrraa PPaanncchhaayyaatt jjuurriissddiiccttiioonn AArreeaa..}} Performance of powers by the Kshettra Panchayat 70 Such powers, duties and functions of the Kshettra Panchayat which shall be exercised only by Kshettra Panchayat under the provisions of this Act, such powers and functions may be delegate by the resolution to any Pramukh or committee by the Kshettra Panchayat. ----------------------------------- 1- Subs. by section 4(a) of the UK Act no. 27 of 2020. 2- Ins. by section 4(b) of the UK Act no. 27 of 2020. 3- Omitted by section 68 of UK Act no 12 of 2021. 62 Duties and powers of Pramukh of the Kshettra Panchayat 71 (1) It shall be the duty of Pramukh unless provided otherwise by this Act or prevented by reasonable cause - (a) to convene and preside at all meetings of the Kshettra Panchayat and of such of its committees as may be prescribed in this behalf ; (b) otherwise to control in accordance with any regulation made in this behalf the transaction of business at all meetings of the Kshettra Panchayat. (2) to watch over the financial administration and superintend the executive administration of the Kshettra Panchayat and bring to the notice of the Kshettra Panchayat any defect therein ; (3) The supervision and monitoring of the work to be made performed by the Gram Panchayat and Kshettra panchayat and to receive detailed letters, accounts, representation and copy of instruments, copy of past resolution of Panchayat of their any committee for this purposes. (4) to perform such other duties as are required or imposed on him under this Act or the rules made thereunder or any other law for the time being in force. (5) during a vacancy in the office of Pramukh the UP Pramukh shall perform all function and exercise all powers of the Pramukh ; (6) at any time perform any duty or function and exercise, when occasion arises, any powers delegated to him by the Pramukh and Kshettra Panchayat. Office of Kshettra Panchayat 72 The Kshettra Panchayat shall have its office at such place where the headquarter of Kshettra Panchayat is situated or as may be determined by the State Government. Delegation of powers and duties to the Senior Up Pramukh, Junior Up Pramukh or 1[Kshettra Panchayat] by the Pramukh of Kshettra panchayat 73 The Pramukh of Kshettra panchayat may assigned his duties and powers to the senior Up Pramukh, Junior Up pramukh. ----------------------------------------------- 1- Susb. by word of section 5 of UK Act no 18 of 2020. 63 Committees of Kshettra Panchayat 74 Subject to this Act, the Kshettra panchayat shall constitute such Committee or Committees, as may be notified by the State Government from time to time by such mode and for the performance of such duties, which are further mentioned, to provide such kind of assistance in the performance of all or any functions of Kshettra panchayat, panchayats may delegate such of its powers of functions as it may deem fit. The Kshettra Panchayat shall have following committees,-- (A) Kshettra Panchayat- kshettra Panchayat has been constituted shall appoint the following six committees in the manner and for performance of duties hereinafter- (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, (B) Sub-committees - (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 its 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) Subordination of committees or sub-committees- (1) A Kshettra 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). ----------------------------------- 64 Chapter XIII The officers and employees of the Kshettra Panchayat and penalties and procedure for the violation and infringement of the provisions of the Act officers and employees of the Kshettra Panchayat 75 (1) There shall be an Executive Officer of every Kshettra panchayat, subject to the Kshettra panchayat, the Block Development Officer, shall discharge the duties of Secretary of the Kshettra panchayat or as may be prescribed by the State Government. (2) The State Government by the general or special orders according the necessity for the every Kshettra panchayat may appoint such other officers and employees as to duties performed under this Act and the services of all officers and employees shall be deemed assigned on such conditions as may be prescribed by the State Government. (3) Subject to this Act the qualifications, pay-scales, number and conditions of service of officers and servants to be employed with Kshettra Panchayat to enable it to carry out functions of Kshettra panchayat shall be such as the State Government may specify. Powers, functions and duties of officers and other employees of Kshettra Panchayats 76 (1) The powers, functions and duties of the officers and other employees of and Kshettra Panchayats shall be such as may be provided by or under this Act, by or under any other enactment or by rules. (2) Subject to the provisions of sub-section (1) heads of departments of a Kshettra panchayat in the case of officers and other employees working in their respective departments and the Chief Executive Officer in the case of other officers and, employees may assign to them powers, functions and duties and the Block Development Officer may assign powers, duties and functions to officers and employed with the Kshettra Panchayat of which he is the Block Develpment Officer. Control over the officers and employees of Kshettra Panchayat 77 (1) The Pramukh shall have general control over the Block Development officer/ Secretary. (2) All other officers and employees employed with the Kshettra Panchayat shall work under the general control of the Block Development Officer/ Secretary. (3) Officers and other employees of the Kshettra Panchayat shall work under such immediate control as the State Government may specify. 1{(4) The transfer and recording of periodic entries in the character book of the officers and other servants employed in the Kshettra Panchayat and grant of casual leave to them shall be governed by the rules made herewith by the State Government.} --------------------------------------- 1- Inserted by section 17 of UK Act no 12 of 2021. 65 Dispute amongst Kshettra Panchayat and Nagar Nikay etc. 78 If any dispute arises as to the jurisdiction of a Kshettra Panchayat or between two or more Kshettra Panchayats or between a Nagar Panchayat or 1{Nagar Palika Parishad, Nagar Nigam, Cantonment Board, notified area or town area} and the town area or a Municipality, 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 record in the Kshettra Panchayat 79 (1) Such records who is maintained necessary in the Kshettra 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 of with the custody of concerning Secretary/ Block Development Officer. (3) On application to the Secretary of Kshettra 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 Secretary. The Secretary with seal shall certified as a true copy; 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. Chapter XIV Fund, Property and Contracts of Kshettra Panchayats Custody and investment of Kshettra Nidhi 80 Subject to the provisions of this Act, as State Government may appoint, Kshettra Nidhi in reference to the Kshettra Panchayat shall be deposited in any Government Treasury or sub-treasury or such any Nationalised Bank, Local Banks, Cooperative Bank, Post office, with opening the Account. Property vested in Kshettra Panchayat 81 (1) Subject to any reservation 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 Kshettra Panchayat and shall, with all other property which may become vested in the Kshettra Panchayat, be under its direction, management and control, for the purposes of this Act, namely- (a) all public buildings of every description which have been constructed or are maintained out of the Kshettra Nidhi ; (b) all public roads which have been constructed or are maintained out of the Kshettra Nidhi and the stones and other materials thereof and also all trees, erections materials, implements and things provided for such roads ; ------------------------------ 1- Subs. by section 18 of UK Act no 12 of 2021. 66 (c) all land and other property transferred to the Kshettra Panchayat by Government, or by gift, sale or otherwise for local purposes; and (d) all tanks and wells and all adjacent lands, buildings, materials and things connected therewith appertaining thereto within the 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 Kshettra 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, 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 Kshettra 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 Kshettra Panchayat, as the case may be. (3) (a) The management, control and administration of every public institution maintained exclusively out of the Kshettra Nidhi shall vest in the Kshettra Panchayat, as the case may be. (b) Any other public institution may also be vested in or placed under the management, control and administration of a Kshettra Panchayat; Provided that the extent of the authority of the Kshettra 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 Kshettra Panchayat, shall be held by the Kshettra 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. ------------------------------------ 67 Preparation and passing the budget of the Kshettra Panchayat 82 (1) The Secretary of Kshettra Panchayat in help with the Planning and Development Committee prepare 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 on the 31st day of March next, following such date, together with a budget of its income and expenditure for the year commencing on the 1st day of April next following : Provided that the grants, received from the State Government towards works of planning and development, shall display separately in the estimated income and it shall also be displayed in the estimates of expenditure that how to expend such grants. (2) The Pramukh shall send to the Zila Panchayat the account and the budget prepared by the planning and development Committee within seven days of their preparation and the Zila Panchayat shall place the account and the budget before the planning and development committee for scrutiny and making such recommendations as the planning and development committee may think fit. (3) The result of scrutiny by the Planning and development committee and its recommendations shall be communicated to the Kshettra Panchayat before such date as may be specified by rule in this behalf. (4) The Kshettra Panchayat shall every year at a meeting called before a date specified by rule for the purpose discuss the account and budget prepared by the planning and development committee and then by resolution pass the budget without any modifications or with such modifications as it may deem fit to make. (5) If by the date prescribed for the passing of the budget, the budget of any Kshettra Panchayat has not been passed under sub-section (4) then the budget prepared by the planning and development committee shall be deemed to be the budget under the modification as recommended by planning and development committee referred in sub-section (3) passed as such and it shall remain in force till the Kshettra Panchayat declares it ineffective after passing the budget under sub-section (4). Audit of the Accounts of the Kshettra Panchayat 83 (1) The Audit of the accounts of the Kshettra Panchayat shall be made every year in such procedure as may be prescribed 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. ------------------------ 68 (2) On receiving of audit report the 1[Kshettra Panchayat shall remove errors and irregularity found in the audit] and compliance report shall forward to the local fund account audit department or other authority who is determined for this purpose by the State Government within three month. Chapter XV Taxation And Levy of Fees, Cess and Tolls Imposition of tax by Kshettra Panchayat 84 A Kshettra Panchayat may, in such manner as may be prescribed, impose— (a) water tax, where it constructs or maintains a scheme for providing drinking water, water for irrigation or for any other purposes under its jurisdiction; (b) electricity tax, where it provides for and maintains lighting arrangement at a public street or other public places; and (c) any other tax which the State Legislature has the powers under the Constitution, including article 277 thereof, to impose in the State and of which imposition by the Kshettra Panchayat has been authorized by the State Government. Recovery of dues of Kshettra Panchayat 85 Any sum due to a Kshettra Panchayat under this Act or under any rule or bye-law made thereunder and declared by this Act or such rule or bye-law to be recoverable in the manner provided by this chapter shall, mutatis mutandis, be recovered as provided in this chapter. Part IV Chapter XVI Establishment and incorporation of Zila Panchayat, disqualification and election Establishment and incorporation of Zila Panchayats 86 (1) There shall be a Zila Panchayat for each district. (2) The Zila Panchayat shall be a corporate body. A Zila Panchayat shall consist of a Chairman who shall be its Presiding and a Vice Chairman and as following - (a) Pramukhs of all Kshettra Panchayat in the district; (b) elected members, who shall be chose by direct election from the territorial constituencies in the Panchayat area and for this purpose the Panchayat area shall be divided into territorial constituencies in such manner: (i) minimum 2 territorial constituencies shall be fixed in the development blocks of hill area having the population upto 24000 and in the development blocks having the population more than 24000 there shall be gradual proportional increase in the number of the territorial constituencies. -------------------- 1-Subs. by section 6(ii) of UK Act No. 18 of 2020. 69 (ii) minimum 2 territorial constituencies shall be fixed in the development blocks of plane area having the population upto 50000 and in the development blocks having the population more than 50000 there shall be gradual proportional increase in the number of the territorial constituencies; Provided that as aforesaid determined the proportional population of the territorial constituencies in the development blocks shall be the same as far as practicable; Provided further that in the territorial constituency of a Kshettra Panchayat, shall not be include in the territorial constituency of any Zila Panchayat; (c) the members of the Lok Sabha and the members of the Legislative Assembly of the State representing constituencies which comprise any part of the Panchayat area; (d) the members of the council of States and the members of the who are registered as elector within the Panchayat area. (3) Each territorial constituency referred to in clause (b) of sub-section (2) shall be represented by one member. (4) The members of the Zila Panchayat mentioned in clauses (a), (c) and (d) of sub-section (2) shall be entitled to take part in the proceedings and vote at the meetings of the Zila Panchayat except in matters of election of and on a motion of no-confidence against, the Chairman or the Vice Chairman ; Provided that on the no confidence motion of Chairman and Vice Chairman of Zila Panchayat only the elected member as mentioned in the said sub-section (2)(b), may consider. Effect of changes in districts 87 Where a new district is created, the Zila Panchayat having jurisdiction in any area therein immediately before the creation of the new district shall continue to exercise such jurisdiction until a new Zila Panchayat is established in that district, and on the establishment of a new Zila Panchayat- (a) all taxes fees, fines or penalties imposed or levied and all licences Or permits granted on the date, immediately preceding the date on which such Zila Panchayat as established by the Zila Panchayat which had jurisdiction in the area of the new district, shall be deemed to have been imposed, levied or granted by the new Zila Panchayat under and in accordance with the provisions of this Act and shall, until abolished, modified or changed, continue to be so realizable or effective, ---------------------------- 70 (b) If at any time any area is newly included in any existing district and on the date immediately preceding the date of such inclusion a Zila Panchayat was exercising jurisdiction over such area the provisions of this section shall apply as if the area newly included were a new district and the Zila Panchayat newly constituted for the enlarged district were the new Zila Panchayat for the purpose of this section. Constitution and reconstitution of Zila Panchayats 88 The State Government shall arrange for the constitution or reconstitution of the Zila Panchayat before the expiry of the term of the existing Zila Panchayat, if any or whenever otherwise required for the purposes of this Act. Removal of difficulty arises in the establishment of Zila Panchayat 89 If, any dispute or difficulty arises in the establishment or in the working of a Zila Panchayat regarding the interpretation of any provisions of this Act or any rule made thereunder or any matter arising out of or relating to such interpretation or any matter not provided in this Act, the same shall be referred to the State Government whose decision thereon shall be final and conclusive. Disqualifications for membership of Zila Panchayat 90 (1) A person shall be disqualified for being chosen as and for being a Chairman, Vice-chairman or member of a Zila Panchayat, if he-- (a) is so disqualified by or under any law for the time being in force for the purposes of election of the State Legislature : Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) hold salaried service of the Gram Panchayat/ Kshettra panchayat/ Zila Panchayat; (c) holds any office of profit under a State Government or the Central Government or a local authority, or controlled by any State Government or Central Government or any Board, bodies or corporation owned or controlled by any State Government or Central Government in which Aaganbadi Assistant, Attendance, Secretary of Cooperative Committee and salary paid employees and working employees on honorarium under the State and Central sponsored schemes shall be include; (d) has been dismissed from the service of a State Government, the Central Government or a local authority for misconduct; (e) is in arrears of any tax, fee rate or any other dues payable by him to the Zila Panchayat1{Gram Panchayat or Kshettra Panchcayt} for such period as may be prescribed or has inspire of being required to do so by Zila Panchayat 1{Gram Panchayat or Kshettra Panchcayt} failed to deliver to it any record or property belonging to it which had come into his possession by virtue of his holding any office under it ; -------------------------- 1- Ins. words by section 19(A) (i) of UK Act no 12 of 2021. 71 1{(f) he is Chairman, Vice chairman, councilor, ward member or member of any Municipal body;} (g) is an undischarged insolvent; (h) has been convicted of an offence involving moral turpitude; (i) has been sentenced to imprisonment for a term of three months for contravention of any order made under the Essential Commodities Act, 1955; (j) has been sentenced to imprisonment for a term exceeding six months or to transportation for contravention of any order made under the Essential Supplies (Temporary Powers) Act, 1946; (k) has been sentenced to imprisonment for a term exceeding three months under the U.P. Excise Act, 1910 (as applicable to the State of Uttarakhand); (l) has been convicted of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985; (m) has been convicted of an election offence ; (n) has been convicted of an offence under the U.P. Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955 (as applicable to the State of Uttarakhand); (o) has been removed unless such period, as has been provided in that behalf in the said section or such lesser period as the State Government may have ordered in a particular case has elapsed; Provided that the disqualification under clause (e) shall cease upon payment of arrears or delivery of the record or property, as the case may be : Provided further that a disqualification under any of the clauses referred to in the first proviso may, in the manner prescribed, be removed by the State Government. (p) If in place of woman Chairman/ Vice chairman/ Member if her husband or other family members or relative preside the meetings and discharged the duties of Zila Panchayat and he is convicted than said woman and concerning person who is presiding meetings and discharged the duties, both shall be disqualified for forthcoming general election of Zila Panchayat. ---------------------- 1- Substituted by section 19(A)(ii) of UK Act no 12 of 2021. 72 1{(q) He has not passed High School or equivalent examination from any recognized institution/ Board: 2{Provided that in the matter of General Category women, Other Backward Classes women and Scheduled Caste/Scheduled Tribes candidate has not passed minimum Middle/Eight examination;}2 (r) He has more than two living children. 3{(s) If he or his family member or his legal heir is in unauthorized possession of Government/ Panchayati raj land or get benefit from such unauthorized possession.} (t) He has embezzled Government money or recovery of government money is against him or is owed of government money. (u) He comes under the provisions of Section 8, Section 8A, Section 9, Section 9A and Section 10 of the Representation of the People Act,