Section 2016

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

(2) It shall extent to the whole of Uttarakhand except any area included under the U.P. Nagar Mahapalika Adhiniyam, 1959, U.P. Municipalities Act, 1916 and the Cantonment Board Act, 1924 or any area included in the Corresponding Act's. (3) It shall come into force at once. Definitions 2 In this Act, unless the context otherwise requires :- (1) "adult" means a person who has attained the age of eighteen years ; (2) "Gram Sabha" means a body established under section 3(a), and consisting of persons registered in the electoral rolls relating to a village comprised within the area of a Gram Panchayat; (3) "rural area" means the village as mentioned in the records relating to the revenue except the Urban body areas and cantonment areas of all levels in the district and it includes a village declared by general or special order for the purposes of this Act by the State Government; (4) "Gram Panchayat" means the Gram Panchayat established under section 4(1) ; (5) “Kshettra Panchayat" means any Kshettra Panchayat and shall include any committee, member, officer or servant of the Kshettra Panchayat authorised or required under this Act to exercise any powers or perform any duty or function of the Kshettra Panchayat under this Act; 9 (6) “Khand” means any development Khand ; (7) "house" includes any shop, warehouse, shed and any enclosure used for keeping carts or cattle ; (8) "Zila Panchayat" means Zila Panchayat incorporated under this Act and shall include any committee and any member, officer or servant of the Zila Panchayat, authorised or required under this Act to exercise any powers or perform any duty or function of the Zila Panchayat under this Act; (9) “Backward Classes” means the reservation rules for the Other Backward Classes in the Uttrakhand as provisions specified for this purpose by the State Government; (10) “Scheduled Castes” means the castes deemed to be Scheduled Castes for the purposes of the Constitution of India; (11) “Scheduled Tribes” means the Tribes deemed to be Scheduled Tribes for the purposes of the Constitution of India; (12) “Schedule Bank” shall have the meaning assigned to the expression in the Reserve bank of India Act, 1934; (13) “town area" shall have the meaning assigned to it under the Municipalities Act. In this area, the area falling under the bodies of all levels of the town bodies shall be included in the town area; (14) "cantonment" and "cantonment board" shall have the same meanings assigned to them under the Cantonments Act, 1924; (15) “Land Management Committee” means a Land Management Committee of Gram Panchayat for the purpose of this Act; 1{(16) “Panchayat“ means Gram Panchayat, Kshettra Panchayat and Zila Panchayat respectively in relation to Part II, Part III and Part IV under this Act;} (17) “Wards election areas of the Panchayat” means ward election area of Gram Panchayat in context of Kshettra Panchayat ward election area of any Kshettra Panchayat and in context of Zila Panchayat ward election area of any Zila Panchayat; (18) “Chairman and Vice chairman in the context of Concerning Panchayat as Gram Panchayat, Kshettra Panchayat and Zila Panchayat” means the Pradhan or Up Pradhan or Pramukh or Up Pramukh and Chairman and Vice chairman of these institutions respectively; (19) “Panchayat Employee” means such persons who is employed and in- service in the three tiers Panchayat institutions whether he is getting pay from the Fund of the State Government; ------------------------------------------------------ 1-Subs. by Section 2 of Uttarakhand Act no. 18 of 2020. 10 (20) "Collector" or "District Magistrate" or "Sub-Divisional Magistrate", in relation to the Panchayat means the Collector, District Magistrate or Sub-Divisional Magistrate of the district or the sub-division, as the case may be, in which such Panchayat is constituted and shall respectively include Additional Collector, Additional District Magistrate and Additional Sub-Divisional Magistrate; (21) "District Magistrate" means the district magistrate appointed under section 20 of the Code of Criminal Procedure, 1973; (22) "District Level Officer" means such officers of the district as the State Government may from time to time specify as such by notification in the Gazette; (23) “State Election Commission” means the State Election Commission referred to in article 243-K of the Constitution of India; (24) “Electoral Registration Officer” means such an officer who is designated or nominated as such by the State Election Commission in consultation with the State Government for preparing and revising the electoral rolls in any district. (25) “Assistant Electoral Registration Officer” means such person who is appointed as such by the Electoral Registration Officer for one or more Panchayat areas; (26) “Finance Commission” means the Finance Commission constituted under article 243-I of the Constitution; 1{(27) “State Election Commissioner” means an officer of the State Government designated as such by the Governor;} (28) "Judge" means the District Judge and, includes any other subordinate civil judicial officer named or designated by the District Judge in this behalf; (29) "Division", "'district" and "tehsil" shall have the same meanings as they have in the Land Revenue Act, 1901, division, district and tehsil respectively; (30) "Commissioner " means the commissioner appointed under section 12 of the United Provinces Land Revenue Act, 1901, for the division within which the Kshettra Panchayat or the Zila Panchayats as the case may be exercises its jurisdiction and includes an additional commissioner appointed under this Act for such division; ------------------------------------------------------ 1-Subs. by Section 2 (a) of Uttarakhand Act NO. 10 of 2019. 11 (31) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published; (32) "Quarter" means a period of three months commencing on the first day of any of the months of January, April, July and October; (33) "Prescribed" means prescribed by this Act or by any rule made thereunder; (34) "Prescribed Authority" means any person or authority notified by the State Government in the Gazette as, prescribed authority for any purpose under this Act; 1{(35) “Rules” means rules made under this Act but until such rules are not promulgated rules means rules promulgated under the Uttar Pradesh Panchayati Raj Act, 1947 and the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Act, 1961;} (36) "Bye-laws" means a bye-laws made by the State Government in exercise of a powers conferred by this Act ; (37) "Regulations" means a regulations made by the State Government in exercise of a powers conferred by this Act; (38) "State” means the State of Uttarakhand; (39) “State Government” means the Government of Uttarakhand; (40) “Electoral Rolls of Legislative Assembly ” means such electoral rolls or any election area of the State Legislative Assembly which is prepared according or under the provisions of the Representation of the People Act, 1951; (41) “Government” means the Central Government or the Government of any State of the Indian Union ; (42) "Public Street" means any road, street, bridge, lane, square, court, alley or passage from which the public has a right to pass along, and includes on either side the drains or gutters and the land up to the defined boundary of any abutting property notwithstanding any projection over such land of any verandah or other superstructure but does not include any such road, street, bridge, lane, square, court, alley or passage owned, maintained or repaired by the State Government or the Central Government or any other local authority; (43) "Public Servant” means a public servant as defined in section 21 of the Indian Penal Code, 1860(Act no 45 of 1860); (44) "Local Authority" means and it includes a Gram Panchayat ; ---------------------------------------------- 1- Subs. by section 2 of UK Act no 9 of 2020. 12 (45) "Public Property" and "public land" means any public building, park or garden or other place to which for the time being the public have or are permitted to have access whether on payment or otherwise; (46) "Person in the service of the Government" does not include a District Government Counsel, an Additional or Assistant District Government Counsel, any other counsel engaged by the Government and who has not paid monthly salary, a Government counsel in State Government, a person holding a purely honorary office or a person who has retired from the service of the Government; (47) “District Planning Committee” means a Committee constituted under article 243 – Z D of the Constitution of India; (48) “Family” means such group of persons in which spouse, son, unmarried daughter, parents, brother or any other member who is residing together and take food on one hearth. 1{(49) “Nagar Pramukh” means Chairman in case of nagar panchayat in nagar panchayat area, Chairman of municipality in municipality area and mayor of municipal corporation in municipal corporation area; (50) “Up-nagar Pramukh” means Vice chairman in case of nagar panchayat in nagar panchayat area, Vice chairman of municipality in municipality area and deputy mayor of municipal corporation in municipal corporatio area.} 22{{((5511)) AApppprroopprriiaattee GGoovveerrnnm meenntt”” m meeaannss tthhrreeee ttiieerrss PPaanncchhaayyaatt ffoorr tthhee ppuurrppoossee ooff sseeccttiioonn 88,, sseeccttiioonn 5533 aanndd sseeccttiioonn 9900..}} Part II Gram Sabha/ Gram Panchayat Chapter –II Establishment and Constitution of Gram Sabhas and Gram Panchayat, disqualifications and electoral rolls Constitution of Gram Sabha, Membership, function and Meetings etc. 3 (A) Gram Sabha- The State Government shall by notification in the official Gazette, establish a Gram Sabha for a village or group of villages by such name as may be specified; Provided that where a Gram Sabha is established for a group of villages, the name of the village having the largest population shall be specified as the name of the Gram Sabha. (B) Membership of Gram Sabha- An adult, who resides and whose name is for the time being included in the electoral roll for a Gram Sabha shall be a member of that Gram Sabha (every person who has completed 18 years of age on first January of the every year shall be entitled to register his name in the electrol roll) ---------------------------------------------- 1- Ins. by section 2(b) of UK Act no 10 of 2019. 2- Ins. by section 2 of UK Act no. 27of 2020. 13 (C) Establishment of Gram Shabha and Removal of difficulties arises theirin- If in establishing a Gram Sabha or in the working of a Gram Panchayat, any dispute or difficulty arises regarding the interpretation of any provisions of this Act or any rule made thereunder or any matter arising out of or relating to such interpretation or any matter not provided in this Act, the same shall be referred to the State Government whose decision thereon shall be final and conclusive. (D) Meetings and functions of the Gram Sabha- (1) Every Gram Sabha shall hold four general meetings in each year on the quarterly basis. Which shall be presided over by the Pradhan of the concerned Gram Panchayat: Provided that the Pradhan at any time may, or upon a requisition in writing by the prescribed authority or by not less than one-fifth of the number of the members shall, within thirty days from the receipt of such requisition, can call an extraordinary general meeting: Provided further that where the Pradhan fails to call a meeting as aforesaid the prescribed authority may do so within a period to be prescribed. (2) The meetings of Gram Sabha shall be orginased only in Public/Government buildings or in open place of Gram Panchayat. Explanation- Meeting called at the house of Pradhan/ Up-pradhan be considered illegal. (E) Quorum for convened meeting of Gaon Sabha- For the convened meeting of Gram Sabha, 1/5 numbers of total members or attendance of representatives of half families of total families shall be essential. Explanation- Quorum for adjourned meeting, 1/10 number of members of Gram Sabha or attendance of ¼ of representatives families out of total families is essensial. The fixation of number of the families shall be based on the family register. (F) Function and powers of Gram Sabha- (1) The Gram Sabha shall consider the following matters and may make recommendations and suggestions to the Gram Panchayat – (i) the annual statement of accounts of the Gram Panchayat, the report of administration of the preceding financial year and the final audit note and replies, if any, made thereto; (ii) the report of development programmes of the Gram Panchayat relating to the preceding year and the development progrmammes proposed to be undertaken during the current 14 financial year; (iii) the promotion of unity and harmony among all sections of society in the village; (iv) programmes of primary and adult education within the village; (v) such all other public interest matters as may be prescribed. (2) The Gram Panchayat shall give due consideration to the recommendations and suggestions of the Gram Sabha. (G) The Gram Sabha shall perform the following functions; namely:- (a) Mobilising voluntary labour and contributions for the community welfare programmes; (b) Rendering assistance in the implementation of development schemes pertaining to the village; (c) Identification of beneficiaries for the implementation of development schemes pertaining to the village. Constitution and de-limitation of Gram Panchayat 4 1- Gram Panchayat- (1) The State Government may, by notification declare any area comprising a village or group of villages, having so far as practicable a population of 500 in the hill area and a population of one thousand, in plane area to be a Panchayat area for the purposes of this Act by such name as may be specified; Provided that maximum population in the hill area shall be 2000 and 10000 for plane area as for as practicable or not more than this but Gram Panchayat constituted prior to the date of commencement of this Act unless not essential shall be as it is; Provided further that for the purposes of declaration of Panchayat area to the revenue Gram shall not be divided; Provided further also that the Government may by order relax said restrictions in the avoidable or special circumstances. (2) The State Government may, on the request of the Gram Panchayat concerned or otherwise and after previous publication of the proposal, by notification at any time— (a) modify the area of any Panchayat by including therein or excluding therefrom any area of a village or group of villages; (b) alter the name of the Panchayat area; or (c) declare that any area shall cease to be a Panchayat area. (d) The constitution of Gram Panchayat shall be notified, as such manner as may be prescribed and after that the Gram Panchayat shall be deemed constituted as 15 appropriate whether any vacancy is in existence; Provided that constitution of Gram Panchayat shall not be notified until two third of members including Pradhan of Gram Panchayat not elected. (3) The tenure of any member of the Gram Panchayat till the date otherwise shall not be ended under the provisions of the Act, shall be ended with the tenure of the Gram Panchayat. (4) The Pradhan shall be ex-officio Member of Gram Panchayat. (5) The delimitation of the territorial electroll areas in the Gram Panchayat shall be fixed in the manner prescribed. 2- Delimitation of the Area of Panchayat- (1) The delimitation of the Panchayat areas shall be made in such procedure as may be prescribed by the State Government. (2) For the every Panchayat area as such known name of Panchayat area a Gram Panchayat which shall be corporate body, be constituted. (3) A Gram Panchayat shall consist of a Pradhan and in the case of a Panchayat area having a population of – (i) up to 1000, - 7 members; (ii) up to 1001 to 2000, - 9 members; (iii) up to 2001 to 3000, - 11 members; (iv) up to 3001 to 5000, - 13 members; (v) more than 5001, - 15 members. 3- 2[***]. Constitution and reconstitution of the Gram Panchayat 5 If any existed area of the Gram Panchayat, in every district prior of the ending of the tenure or otherwise required for the purposes of this Act is necessary, then the State Government shall arrange the constitution or reconstitution of the Gram Panchayat. 1{Effect of change in population or inclusion of the area of Gram Panchayat in Nagar Palika, etc. 6 If the whole of the area of a Gram Panchayat is included in a Nagar Nigam, Nagar Palika, Nagar Panchayat, cantonment, notified area or town area, the Gram Panchayat shall cease, and its assets and liabilities shall be disposed of in the manner prescribed. If a part of such area is so included, its jurisdiction shall be reduced by that part and shall automatically not be in the jurisdiction of Kshettra Panchayat or Zila Panchayat.} ---------------------------------------------- 1- Subs. by section 3 of UK Act no 18of 2020. 2- Omitted by section 2 of UK Act no 12 of 2021. 16 Removal of difficulty in the establishment of Gram Panchayat 7 If, in establishing a Gram Panchayat any dispute or difficulty arises regarding the interpretation of any provisions of this Act or any rule made thereunder or any matter arising out of or relating to such interpretation or any matter not provided in this Act, the same shall be referred to the State Government whose decision thereon shall be final and conclusive. Disqualification for membership of Gram Panchayat 8 (1) A person shall be disqualified for being appointed, a Pradhan, Up- pradhan and member of a Gram Panchayat, if he - (a) is so disqualified by or under any law for the time being in force for the purposes of elections to the State Legislature : Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) is a salaried member of the Gram Panchayat ; (c) holds any office of profit under a State Government or the Central Government or any local authority, other than a Gram Panchayat or owned or controlled by any State Government or Central Government or any Board, bodies or corporation owned or controlled by any State Government or Central Government in which Aaganbadi workers Assistant, Secretary of Cooperative Committee and salary paid employees and working employees on honorarium under the State and Central sponsored schemes shall be included; (d) has been dismissed from the service of a State Government, the Central Government or a local authority or other Panchayat for misconduct; (e) is in arrears of any tax, fee, duty or any other dues payable by him for such period as may be prescribed, Gram Panchayat 1[Kshettra Panchayat or Zila Panchayat] or has, inspite of being required to do so failed to deliver to it any record or property belonging to it which had come into his possession by virtue of his holding any office under it; (f) 2[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 3(A) (i) of UK Act no 12 of 2021. 2- Subs. by section 3(A) (ii) of Uk Act no. 12 of 2021. 17 (j) 3[has been sentenced to imprisonment for a term exceeding six months for contravention of any order made under the Essential Supplies (Temporary Powers) Act, 1946 or 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 to the State of Uttarakhand); (l) has been convicted of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985; (m) has been convicted of an election offence; (n) has been convicted of an election offence under the U. P, Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955 (as applicable to the State of Uttarakhand); (o) has been removed from office under section 138 unless such period, as has been provided in that behalf in the said section or such lesser period as the State Government may have ordered in a particular case has elapsed : Provided that the disqualification under sub-section (5) 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 sub- section referred to in the first proviso in the manner prescribed be removed by the State Government. (p) In place of women Pradhan, Up Pradhan and Member, if her husband or other family members or relative preside the meetings and discharged the duties of Gram Sabha, Gram Panchayat and declared faulty then said women and concerning person presiding meetings and discharging the duties, both shall be disqualified for forthcoming general election of three tiers of Panchayat. 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. (s) 4[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]. -------------------------------------------- 1-Ins. by section 4(a) of UK Act no 10 of 2019. 2- Subs. by section 3(i) of UK Act no 9 of 2020. 3- Subs. by section 3(A)(iii) of UK Act no 12 of 2021. 4- Subs. by section 3(A) (iv) of UK Act no 12 of 2021. 18 (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 Gram Panchayat, or place in the gift or disposal of a Gram Panchayat. (3) Disqualification for no toilets- (a) If any person convicted by the competent court under the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, then he shall be disqualified for contesting Panchayat election. (b) If there is no toilets established in the house of those persons residing in the jurisdiction of concerned Panchayat, they shall be disqualified for the candidature of the Panchayat at election. (4) 1[if the entry related to any member is removed from the territorial electoral roll or 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 this Act, the question shall be referred to the prescribed authority for the decision and his decision shall, subject to the result of any appeal as may be prescribed, be final; Provided that if any disqualification for duration of the said tenure in which such rules is commencing then if omitted under any such law who is authorised for omission than the name of such person from the electoral roll of the said Gram Panchayat who is removed for such disqualification, shall be placed remain at once. (6) Punishment for failure to handover records, etc.- (a) Any person on ceasing to act as Pradhan wilfully fails, in spite of being required to do so by the prescribed authority, to handover all records, money or other property or as the case may be, to his successor or to any person authorised in this behalf by the prescribed authority, he shall be punishable with imprisonment which may extend to three years or with fine or with both. -------------------------------------------- 1-Subs. by section 3(B) of UK Act no 12 of 2021. 19 (b) Without prejudice to the provisions of sub-section (a), any such money may on a certificate issued in that behalf by the prescribed authority be recovered as arrears of land revenue. (c) Such any person who is posted on any post prior from the ending of tenure of any Gram Panchayat he shall obtain no dues certificate from the successor or designated officer necessarily. Due to not obtaining the no dues certificate, he shall not qualify for participation in the next Panchayat election. (7) Prohibition of holding more than one post simultaneously- Any person neither be candidate in the election from one or more territorial constituencies election areas in the Gram Panchayat nor he may hold one or more post in the Gram Panchayat. 1{(8) Further bar on holding two offices simultaneously- (1) A person shall be disqualified for holding the office of Pradhan, Up-pradhan or member of the Gram Panchayat, If he is- (a) Member of the Parliament or State Legislature; or (b) The Pramukh, senior Up-pramukh, junior Up-Pramukh or member of any Kshettra Panchayat; or (c) The Chairman, Vice-Chairman or Member of any Zila Panchayat; or 2{(d) The Chairman or Vice-chairman or member of Committee of management, 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 Pradhan, Up-Pradhan or member of the Gram Panchayat, as the case may be if subsequently he is elected to any of the offices mentioned in clauses (a) to (f) of sub-section (1) with effect from the date of such subsequent election and thereafter the post of Pradhan, Up-Pradhan or member, as the case may be, shall be deemed casual vacancy.} --------------------------------------------------- 1- Ins. by section 4(e) of UK Act no 10 of 2019. 2- Subs. by section 3(ii) of UK Act no. 9 of 2020. 20 1{Electoral roll for each territorial constituency 9 (1) For each territorial constituency of Gram Panchayat, an electoral roll shall be prepared, in accordance with the provisions of this Act and the rules made thereunder/under the superintendence, direction and control of the State Election Commission. (a) Subject to the superintendence, direction and control of the State Election Commission, the District Election Officer (Panchayat) shall supervise and perform all functions relating to the preparation, revision and correction of the electoral rolls in the district in accordance with this Act and the rules made thereunder. (b) The preparation, revision and correction of the electoral rolls shall be done by such persons, and in such manner, as may be prescribed; (2) The electoral roll referred to in clause (b) sub-section (1) shall be published in the prescribed manner and upon its publication it shall, subject to any alteration, addition or modification made in accordance with this Act and the rules made thereunder be the electoral roll for that territorial constituency. (3) Subject to the provisions of sub-section (4), (5), (6) and (7) every person who has attained the age of 18 (eighteen) years on the first day of January of the year in which the electoral roll is prepared or revised and who is ordinary resident in the territorial constituency of a Gram Panchayat shall be entitled to be registered in the electoral roll for that territorial constituency. Explanation – (i) A person shall not be deemed to be ordinarily resident in the territorial constituency on the ground only that he owns, or is in possession of, a dwelling house in that territorial constituency. (ii) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof shall be deemed to cease to be ordinarily resident therein, (iii) A member of Parliament or of the Legislature of the State shall not, during the term of his office, cease to be ordinarily resident in the territorial constituency merely be reason of his absence from that area in connection with his duties as such member. (iv) For determining that which persons may not be deemed to the ordinarily residents of any particular area at any relevant time, any other facts which may be prescribed, shall be considered. (v) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case. ------------------------------------------------- 1- Subs. by section 5 of UK Act no 10 of 2019. 21 (4) A person shall be disqualified for registration in an electoral roll, if he– (a) is not a citizen of India; or (b) is of unsound mind and stands so declared by a competent court; or (c) is for the time being disqualified from voting under provisions of any law relating to corrupt practices and other offences in connection with elections. (5) The name of any person who becomes disqualified under sub-section (4) after registration shall forthwith be struck off the electoral roll in which it is included; Provided that the name of any person which is struck off from the electoral roll by reason of any such disqualification shall forthwith be reinstated in that roll, if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal. (6) No person shall be entitled to be registered in the electoral roll for more than one territorial constituency or more than once in the electoral roll for the same territorial constituency. (7) No person shall be entitled to be registered in the electoral roll for any territorial constituency if his name is entered in any electoral roll pertaining to any, municipal corporation, municipality, Nagar Panchayat or cantonment unless he shows that his name has been struck off from such electoral roll. (8) Where the State Election Commission is satisfied after making such inquiry as it may deem fit, whether on an application made to it or suo moto, that any entry in the electoral roll should be corrected or deleted or that the name of any person entitled to be registered should be added in the electoral roll, it shall subject to the provisions of this Act and rules and orders made thereunder, correct, delete or add the entry, as the case may be : Provided that no such correction, deletion or addition shall be made after the last date for making nominations for any election in the Gram Panchayat and before the completion of that election; Provided further that no deletion or correction of any entry in respect of any person affecting his interest adversely shall be made without giving him reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. (9) The State Election Commission may, if it thinks necessary so to do for the purposes of a general or by election, direct a special revision of the electoral roll for any territorial constituency of a Gram Panchayat in such manner as it may think fit: Provided that subject to the other provisions of this Act, the electoral roll for territorial constituency, as in force at the time of issue of any such direction, shall continue to be in force until the completion of the special revision so directed. (10) As so far as provision not made by this Act or the rules, the State Election Commission may, by order, may make provisions in respect of the following matters concerning the electoral roll, namely,- ---------------------------------------- 22 (a) the date on which the electoral roll prepared under this Act shall come into force and its period of operation; (b) the correction of any existing entry in the electoral roll on the application the elector concerned; (c) the correction of clerical or printing errors in electoral roll; (d) the inclusion of the name of such person in the electoral roll– (i) whose name is included in the Assembly electoral roll for the area related to the territorial constituency but not included in the electoral roll for territorial constituency or whose name has been wrongly included in the electoral roll of other territorial constituency, or (ii) whose name is not so included in the Assembly electoral roll but who is otherwise eligible to be registered in the electoral roll for the territorial constituency; (e) the custody and preservation of the electoral roll; (f) fees payable on application for inclusion or exclusion of names; (g) all matters generally relating to the preparation and publication of the electoral roll. (11) Notwithstanding anything contained in the foregoing sub-section the State Election Commission may, for the purposes of preparation of the electoral roll for a territorial constituency adopt the electoral roll for the Assembly constituency prepared under Representation of the People Act, 1950 for the time being in force so far as it relates to the area of that territorial constituency; Provided that, no amendment, alteration or correction in the electoral roll for such territorial constituency shall be included after the last date of nomination in such constituency and before the completion of that election. (12) No Civil Court shall have jurisdiction – (a) to entertain or adjudicate upon the question whether any person is or is not entitled to be registered in an electoral roll for a territorial constituency; or (b) to question the legality of any action taken by or under the authority of the State Election Commission or of any decision given by any Authority or Officer appointed in this behalf in respect of preparation and publication of electoral rolls. (13) Right to vote etc. – Save as otherwise provided by or under this Act, every person whose name is for the time being included in the electoral roll for a territorial consistency of a Gram Panchayat shall be entitled to vote at any election and be eligible for election, nomination or appointment to any office in that Gram Panchayat: Provided that a person who has not completed the age of twenty-one years shall not be eligible to be elected as a member or office-bearer of the Gram Panchayat.} ------------------------------------------------- 23 Chapter –III Gram Panchayat and its office bearers and their election Pradhan and Up-Pradhan of Gram Panchayat 10 There shall be a Pradhan and an Up-Pradhan of the Gram Panchayat, who shall respectively be the Chairperson and Vice-Chaiperson thereof. The election of Pradhan and Up Pradhan etc. shall be held as may be prescribed. 1{Reservation for the post of Pradhan 10-A (1) The State Government may, by order, reserve the seat of Pradhan for Scheduled Castes, Scheduled Tribes and Backward Classes. The number of seats of Pradhan so reserved for the Scheduled Castes, the Scheduled Tribes or the Backward Classes shall as nearly as may be, bear the same proportion to the total number of such seats as the population of the Scheduled Castes or the Scheduled Tribes or the Backward Classes of the State bears to the total population of the State: Provided that reservation for the Backward Classes shall not exceed 14 percent of total number of the seat of Pradhan: 2{Provided further 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 of Pradhan under sub section (1) shall be reserved for the women belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, as the case may be. (3) Not less than one half seat of total number of seats of Pradhan, under sub-section (2) shall be reserved for women. (4) The seats reserved for Pradhan under this Section shall be allotted in different Gram Panchayat by rotation in such order, as may be prescribed. (5) The reservation for seats of the Pradhan for Scheduled Castes and Scheduled Tribes under this Section shall not be effective at the end of the period specified in article 334 of the Constitution of India.}1 3{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.} 1{Election of Pradhan 10-B (1) The Pradhan of the Gram Panchayat shall be elected by the persons registered in the electoral rolls for the territorial constituencies of the Panchayat area from amongst themselves. -------------------------------------------------- 1- Ins. by section 6 of UK Act no 10 of 2019. 2- Ins. by section 4 of UK Act no. 12 of 2021. 3- Ins. of section 4(ii) of UK Act No 12 of 2021. 24 (2) If at any general election of a Gram Panchyat, the Pradhan is not elected, and less than two-thirds of the total number of members of Gram Panchayat are elected, the State Government or an officer authorized by it in this behalf may, by order, either appoint – (i) an Administrative Committee consisting of such number of persons qualified to be elected as members of the Gram Panchayat, as it may consider proper; or (ii) an Administrator. (3) The members of the Administrative Committee or the Administrator shall hold office for such period not exceeding six months as the State Government may specify in the order referred to in sub-section (2). (4) On the appointment of an Administrative Committee or and Administrator under sub-section (2), the person, if any, chosen as Pradhan or member of the Gram Panchayat before such appointment shall cease to be such Pradhan or member, as the case may be, and all powers, functions and duties of the Gram Panchayat, its Pradhan and Committees shall vest in and be exercised, performed and discharged by such Administrative Committee or the Administrator, as the case may be. (5) The Administrative Committee or the Administrator shall be deemed to be duly constituted Gram Panchayat for the purposes of this Act : Provided that if at any time after the appointment of the Administrative Committee or the Administrator under sub-section (2) the State Government is satisfied that there is no difficulty in duly constituting the Gram Panchayat, the State Government may, notwithstanding that the period for which the Administrative Committee or the Administrator had been appointed has not expired, direct the State Election Commission for holding the elections for constituting the Gram Panchayat. (6) Save as otherwise provide in this Act, the term of office of Pradhan shall expire with the term of the Gram Panchayat.} 1{Election of Up- Pradhan and his term 10-C The Up-Pradhan, shall be elected by the members of the Gram panchayat from amongst themselves in such manner as may be prescribed: Provided that if a Gram panchayat fails to so elect the Up- Pradhan within the time fixed by or under the rules in that behalf, the Prescribed Authority may nominate as Up-Pradhan any member; of the Gram Panchayat, and the person so nominated shall be deemed to have been duly elected. ----------------------------------------------------- 1- Ins. by section 6 of UK Act no 10 of 2019. 25 (2) The term of office of the Up-Pradhan shall commence from the date of his election or nomination, as the case may be, and unless otherwise determined under the provisions of the Act, shall expire with the term of the Gram Panchayat. (3) The Provision of Section 18 shall Mutatis Mutandis apply to the removal of Up-Pradhan as they apply to the removal of Pradhan.} The provisions of reservation on the post for the Scheduled Caste, Scheduled Tribes, Backward Classes, Women in the Gram Panchayat 11 (1) Seats shall be reserved for the Scheduled Castes, Scheduled Tribes and Backward Classes in every Gram Panchayat and the number of seats so reserved for the Scheduled Castes, the Scheduled Tribes or the Backward Classes in the Gram Panvchayat shall bear as nearly as may be, the same proportion to the total number of such seats as the population of the Scheduled Castes in Panchayat area or of the Scheduled Tribes in the Panchayat area or of the Backward Classes in the Panchayat area bears to the total population of such area and such seats may be alloted by rotation to different territorial constituencies; Provided that the reservation for the Backwards classes shall not exceed fourteen percent of the total number of Gram Panchayat; Provided further that if the figures of population of the Backward Classes are not available, their population may be determined by carrying out a survey in the prescribed manner; Provided further also that not less than one half of the total number shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes. (2) Not less than one half of the total number, including the number reserved under third proviso of sub-section (1), shall be reserved for women and the reserved under this section shall be allotted by rotation to different Gram Panchayats in such as may be prescribed. Explanation–Nothing in this section shall prevent persons belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and the women from contesting election to unreserved seats. Term of Gram Panchayat and his office bearers 12 (1) Every Gram Panchayat unless sooner dissolved under the provisions of this Act, shall continue for five years from the date fixed of its first meetings and no longer. (2) If under the provisions of this Act the tenure of any member of any Gram Panchayat otherwise is not removed then there tenure shall be held till the end of concerning Panchayat. (3) Subject to the provisions made otherwise under this Act, the tenure of Pradhan, Up Pradhan of any Panchayat shall be extend up to the tenure of concerning Panchayat. 26 Mode of election 13 1{The election for the post of Pradhan, Up-Pradhan and Member of any Gram Panchayat shall be made by Ballot Paper or EVM through the secret ballot procedure; Provided that there shall be no bar on the Panchayat to elect unopposed the office holders mentioned in this Section} The superintendence of election of the Gram Panchayat and constitution of the State Election Commission etc. 14 (1) The conduct, superintendence, direction and control of the elections of Pradhan, Up Pradhan, Member of the Gram Panchayat shall be vested in a State Election Commission constituted at State level. (2) Subject to the superintendence, direction and control of the State Election Commission, the State Election Commissioner shall supervise and perform all function relating matters of the conduct for the post of Pradhan, Up Pradhan and Members. (3) The State Government shall, with the consultation of the State Election Commission, by notification appoint a date or dates for general election or by election of the Pradhan, Up Pradhan and Members of any Gram Panchayat. Chapter IV Resign, removal, fulfilment of the casual vacancies of the Panchayat office bearers and internal and external control their-in Resignation of office bearers of Gram Panchayat 15 A Pradhan, Up-Pradhan of any Gram Panchayat may, by writing under his hand addressed to concerning Zila Panchayat Raj Adhikari, resign from his post; Provided that if resignation is not accepted within the period of 15 days from the date of submission by writing under his hand then the resignation shall be deemed sanctioned automatically and resigning office bearers shall not be deemed in his post and such posts shall be deemed vacant automatically from such dates. filling of Casual vacancies of the post of Pradhan of the Gram Panchayat 16 If any vacancy arises (before the expiration of a period of six months from the date of vacancy) in the office of Pradhan, Up- Pradhan or of a member of a Gram Panchayat by reason of his death, removal, resignation, voidance of his election or refusal to take oath of the office, then it shall be filled as for as possible for the remainder of his term, in the manner which may prescribed; Provided that if on the date of occurrence of such vacancy the residue of the term of the Gram Panchayat is less than six months, then such vacancy shall not be filled. ----------------------------------------------------- 1- Ins. by section 7 of UK Act no 10 of 2019. 27 Arrangement in case of temporary vacancy of the post of Pradhan 17 Where the office of Pradhan is vacant due to illness or any other reason, Pradhan is incapable to perform his act and the post of Up Pradhan is vacant or when Up Pradhan during the vacancy of the post of Pradhan is unable to act under the provisions of this Act and they are incapable to do their act, then till the date of rejoining his duties, the prescribed authority shall nominate a member of a Gram Panchayat to discharge the duties and exercise the powers of the Pradhan until such vacancy or incapacity in the office of either the Pradhanor Up Pradhan is filled in, or removed respectively until such incapacity of either of the removed. Motion of no confidence against Pradhan and Up pradhan 18 (1) Pradhan- A written notice of intention to make the motion signed by at least one fourth members of the total number of members of the time being Gram Sabha together with a copy of the proposed motion by minimum five members making signature in the written notice shall be produced to the Zila Panchayat Raj Adhikari in-person. (2) No confidence motion against Up Pradhan- A written notice of intention of such proposal shall be addressed to the prescribed officer. A written notice of intention to make the motion signed by at least half of the total elected members of the time being Gram Panchayat together with a copy of the proposed motion by minimum three members making signature in the written notice shall be produced to the Zila Panchayat Raj Adhikari in-person. (3) Proceeding on receiving no confidence motion against the Pradhan or Up Pradhan of Gram Panchayat- On received notice of no-confidence motion against the Pradhan,Up Pradhan after the formal examination of such notice the Zila Panchayat Raj Officer shall convene a special meeting for no-confidence motion and for such meeting be not below the rank of the Assistant Development Officer (Panchayat) shall also be appointed as a Chairman. The special meeting for non confidence motion shall be convened at Panchayat building or any public place. (4) It shall be such necessary for such special meeting a prior notice of 15 days and for completion of all procedure within 30 days from the date of submission. (5) The quorum for such special meeting shall be half of the total members. The motion shall be deemed passed by more than half majority of the total members of the Gram Sabha. In absence of quorum or in case of non passing of the motion a non confidence motion shall not be taken till one year against the concerning Pradhan. (6) A non confidence motion against the Up Pradhan shall be deemed passed by the majority of the two third elected members of the Gram Panchayat; ----------------------------------------- 28 Provided that a no-confidence motion against the Pradhan and Up Pradhan may not be made within the period of one year of his election or within the period of prior to six month from the ending of his tenure. Powers of State Government in case of default of Gram Panchayat 19 (1) If at any time, upon representation made or otherwise, it appears to the State Government that a Gram Panchayat, or joint Committee, or other Committee has made default in performing a duty imposed on it by or under this Act 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 Gram Panchayat. (3) If the expense is not so paid, the other prescribed officer authorised by the Director, Panchayati Raj, may by the previous sanction of the State Government, give such order directing the authority having the custody of the Gram Nidhi to pay the expenses from such fund. External control of Gram Panchayat 20 The prescribed authority for Gram Panchayat shall be Zila Panchayat Raj Adhikari. The powers, duties, acts, external control etc. of the prescribed authority shall be such as may be prescribed from time to time by the State Government. Chapter-V Meetings, Functions, Duties, Powers and administration of Gram Panchayats Meetings of Gram Panchayat 21 (1) A Gram Panchayat shall ordinarily meets for the transaction of business at least once in a month but intervene between two consecutive meetings shall not be more than two months. (2) The meetings of the Gram Panchayat shall be held at such place, date and time in such manner as may be prescribed. Explanation- The convened proceedings of meeting at the residence of Gram Pradhan / Up Pradhan shall be deemed illegal. (3) Quorum- The quorum for the meeting of Gram Panchayat shall be one third of the total members, including Pradhan and Up Pradhan. For any adjourned meeting the quorum shall be one third but when, quorum of the meeting is not complited second time, then the quorum for next meeting shall be one fifth. (4) The procedure etc. in the meetings of Gram Panchayat shall be such as may be prescribed from time to time by the State Government. ---------------------------------------------- 29 (5) Requirement of representation etc. and write the question of the Gram Panchayat shall be such as may be prescribed from time to time by the state Government. (6) Nothing in this Act confers any right to someone, within the territory of Nagar Nigam, Nagar palika 1{Parishad}, Nagar Panchayat, Notified area, Cantonment or Town area, to use any such right, which is vested in Nagar Nigam, Nagar Palika1{Parishad}, Nagar Panchayat, Notified area committee, Cantonment Board, District magistrate or in any other Magistrate or in Town area committee, as the case may be; Provided that the Gram panchayat- (a) may construct, maintain and control 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) may do anything within the aforesaid limits, when the doing of which is necessary for the efficient discharge of its functions under this Act. General functions of Gram Panchayat 22 (1) Subject to such conditions as may be specified by the State Government through notification, may entrust provide all or additional or any of the following functions to the Gram Panchayat,- (i) make planning for the development of Panchayat and after approval of Gram Sabha forwarded it to the prescribed authority; (ii) prepare annual budget of Gram Sabha and after passing from Gram Sabha, forwarded it to the prescribed authority; (iii) to help in performance for the relief in case of the natural calamity; (iv) to manage voluntary donation of work and contribution for community works; (v) to maintain necessary data and data base of the Panchayat; (vi) to present/ submit the detail of performed works by the Gram Panchayat in the meeting of Gram Sabha; (vii) to maintain information register for stranger, who entered in the area of Gram Sabha; (viii) other functions which falls in his jurisdiction under this Act or as delegated by the higher level; (ix) Settlement and management of land; ----------------------------------- 1- Ins. words by section 5 of the UK Act no 12 of 2021. 30 Provided that it does not include 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 Uttarakhand State) or under any other provisions of said Act (or arrangement made by the Government on this matter), (x) the preservation, maintenance and development of forests and trees; (xi) the maintenance and development of abadi sites and means of village communications; (xii) the management of hats, bazare and melas; (xiii) the maintenance and development of fisheries and tanks; (xiv) to conduct and prosecution of suits and proceedings by or against the Gram Panchayat relating to or arising out of the functions of Samiti ; (xv) the performance of specifically assigned functions to the Land Management Committee under the U. P. Zamindari Abolition and Land Reforms Act, 1950 (as applicable in Uttrakhand State) or any other enactment; and (xvi) any other matter relating to such management, preservation and control as may be prescribed ; Explanation- (1) No member or office bearer of a Gram Panchayat or, Land Management Committee shall, otherwise than the permission in writing of the District Magistrate knowingly acquire or attempt to acquire any share or interest in any licence, lease, sale, exchange, contract or employment with, by or on behalf of the Samiti concerned; Provided that any person have interest in such sale, through which the concerned land management committee believes that he regularly trades, and the value of sold thing is not exceeding ten thousand rupees. (2) No Court or other officer shall enforce at the instance of any person's claim based upon a transaction made in the contravention of the provisions of sub-section (1); Provided that when the Gram Panchayat shall work as land management committee then the 1{Revenue Sub inspector (patwari)/ Lekhpal} of the revenue department shall act as a Secretary of the Gram Panchayat. ----------------------------------------- 1- Substituted by section 6 of Uk Act no 12 o 2021. 31 Other Functions of Gram Panchayat 23 Subject to such conditions as may be specified by the State Government, from time to time a Gram Panchayat shall perform the following functions; namely :- (i) Agriculture including extension of agricultural : (a) Promotion and Development of agriculture and horticulture; (b) Development of wastelands and grazing lands and preventing their unauthorized transition and use, (ii) Land development, land reform implementation, land consolidation and soil conservation : (a) Assisting the Government and other agencies in land development, land reform and soil conservation; (b) Assisting in land consolidation; (iii) Minor irrigation, water management and watershed development : a. Managing and assisting in water distribution from minor irrigation projects; b. Construction, repair and maintenance of minor irrigation projects, regulation of supply of water for irrigation purpose; (iv) Animal husbandry, dairy industry and poultry farming: a. Improving breed of cattle, poultry and other live- stock; b. Promotion of dairy industry and poultry farming, piggery etc. (v) Fisheries : Development of fisheries in the villages; (vi) Social and farm forestry : a. Planting and preserving trees on the sides of roads and public land; b. Development and promotion of social and farm forestry and sericulture; (vii) Minor forest product : Promotion and development of minor forest product; (viii) Small industries : a. Assisting the development of small industry; b. Promotion of local trades; (ix) Cottage and village industry : a. Assisting in the development of agricultural and commercial industry; b. Promotion of cottage, industry; 32 (x) Rural housing : a. Implementation of rural housing programmes; b. Distribution of house sites and maintenance of records relating to them; (xi) Drinking water : Construction, repair and maintenance of public wells, tanks and ponds for supply of water for drinking, washing, bathing purposes and regulation of sources of water supply for drinking purposes. (xii) Fuel and fodder land : a. Development of bamboo and plants relating to fuel and fodder land; b. Control on irregular transfer of fodder land. (xiii) Roads, culverts, bridges, ferrypiers, water-ways and other means of communication : a. Consturction and maintenance of village roads, bridges, ferrypiers and culverts; b. Maintenance of water-ways; c. Removal of encroachment on public places. (xiv) Rural electrification : Provisions for maintenance of lighting of public street and other places. (xv) Non-conventional energy source : Promotion and development of programmes of non- conventional energy source and its maintenance in village. (xvi) Poverty alleviation programmes : Promotion and implementation of poverty alleviation programmes. (xvii) Education including primary and secondary schools; Public awareness about education. (xviii) Technical training and vocational educaton : Promotion of rural art artisans. (xix) Adult and informal education : promotion of adult literacy. (xx) Library : Establishment and maintenance of libraries and reading rooms. (xxi) Sports and cultural affairs : a. Promotion of social and cultural activities; 33 b. Organising cultural seminars on different festivals; c. Establishment and maintenance of rural clubs for sports. (xxii) Markets and fairs : Regulation of melas, markets and hats in Panchayat areas. (xxiii) Medical and sanitation : a. Promoting rural sanitation; b. Prevention against epidemics; c. Programmes of human and animal vaccination; d. Preventive actions against stray cattle and live-stock; e. Registering birth, death and marriage. (xxiv) Promotion and implementation of family welfare programmes. (xxv) economic development and child development: Preparation of plan for economic development of the area of the Gram Panchayat. (xxvi) Maternity and child development : a. Participation in the implementation of women and child welfare programmes at Gram Panchayat level; b. Promoting child health and nutrition programmes. (xxvii) 1{Social welfare including welfare of the handicapped and mentally retarded : (a) Assisting in old-age and widow pension schemes; (b) Participation in the social welfare programmes including welfare of the handicapped and the mentally retarded.} (xxviii)Welfare of the weaker sections and in particular of the Scheduled Castes and Scheduled Tribes : a. Participation in the implementation of the specific programmes for the Scheduled Castes and the Scheduled Tribes and Other Weaker Sections of the society; b. Preparation and implementation of schemes for social justice. ----------------------------------------------------- 1- Subs. by section 8 of UK Act no 10 of 2019. 34 (xxix) Public Distribution system : a. Promotion of public awareness with regard to the distribution of essential commodities; b. Monitoring the public distribution system. (xxx) Maintenance of community assets preservation and maintenance of community assets. Rights of Gram Panchayat as to public streets, water- ways and other matters 24 A Gram Panchayat shall have control of all public streets, waterways, other than canals as defined in sub-section (1) of section 3 of the Northern India Canal and Drainage Act, 1873, situate within its jurisdiction not being a private street or waterways and not being under the control of the State Government or the Zila Pancahayat or any other authority specified by the State Government and may do all things necessary for the maintenance and repair thereof and may- (a) construct new bridges culverts; (b) divert, discontinue or close any public street; culvert or bridge; (c) widen, open, enlarge or otherwise improve any public street, culvert or bridge with minimum damage to the neighbouring fields ; (d) deepen or otherwise improve waterways; (e) with the sanction of the prescribed authority and where a canal exists under the Northern India Canal and Drainage Act, 1873, with the sanction also of such officer of the Irrigation Department as the State Government may prescribe, undertake small irrigation projects in addition to those specified by order under this section; (f) cut any hedge or branch of any tree projecting on a public street; (g) notify the setting apart of any public watercourse for drinking or culinary purposes, and prohibit bathing, washing of clothes and animals or doing of other acts likely to pollute the course so set apart; Provided that nothing shall be done under clause (g) which may affect a canal governed by the Northern India Canal and Drainage Act, 1873, without the prior permission of the authority prescribed by the State Government in this behalf. Improvement of sanitation by Gram Panchayat 25 For the improvement of sanitation, a Gram Panchayat may, by notice, direct the owner or occupier of any land or building, taking into consideration his financial position and giving him reasonable time for compliance thereof- (a) or close, remove, alter, repair, cleanse disinfect or put in good order any latrine, urinal, water-closet, drains, cesspool or 35 other receptacle for filth, sullage water, rubbish or refuse pertaining to such land or building or to remove or alter any door or trap or construct any drain for any such latrine, urinal or water-closet which opens on to a street or drain, or to shut off such latrine, urinal or water closet by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood ; (b) to cleanse, repair, cover, fill up, drain off, deepen or to remove water from a private well, tank, reservoir, pool, pit, depression at excavation therein which may appear to the Gram Panchayat to be injurious to health or offensive to the neighborhood; (c) to close clear off any vegetation, undergrowth, prickly pear or shrub-jungle ; (d) to remove any dirt, dung, night soil, manure or any noxious or offensive matter therefrom and to cleanse the land or building ; Provided that a person on whom a notice under clause (b) is served may, within 30 days of the receipt of the notice appeal to the District Medical Officer of Health against the said notice who may vary, set aside or confirm it. Rights of Gram Panchayat for maintenance and improvement of schools and hospitals 26 (1) (a) subject to such rules as may be prescribed by State Government concern Gram Panchayat shall be responsible for curriculum, employment and qualification of teachers and supervision of a school, maintain any existing primary school including the buildings and furniture thereof and be responsible for its proper working and may similarly establish and maintain a new school or improve any existing school; (b) shall subject to such rules as may be prescribed by State Government concern Gram Panchayat regarding the establishment, maintenance and supervision, maintain any existing Ayurvedic, Homoeopathic or Unani hospital or dispensary including the building and equipments thereof and may similarly establish and maintain a new hospital or dispensary for one or more of the systems of medicine mentioned above. (2) The Zila panchayat and the State Government may make such grants for school, hospital or dispensaries mentioned in sub- section (1) as may be prescribed. ----------- 36 Representation and recommendations by Gram Panchayat 27 A Gram Panchayat may make to the appropiate authority - (a) any representation concerning the welfare of the persons residing within its jurisdiction, and (b) any recommendations as to the appointment, transfer or dismissal of an employee of all Department, serving in any area within the jurisdiction of such Gram Panchayat. Preparation of plans by Gram Panchayat 28 A Gram Panchayat shall prepare every year a development plan in such form as may be prescribed by State Government and submit it to the concerned prescribed authority before such date as may be prescribed. Rights of Gram Panchayat to frame bye-laws 29 (1) Subject to the provisions of this Act and the rules made thereunder and the bye-laws, if any, made by the prescribed authority, a Gram Panchayat may make by-laws, namely- (a) to prohibit the removal or use of water for drinking purposes from any source which is likely to cause danger to health and to prohibit the doing of anything likely to contaminate any source of drinking water; (b) to prohibit or regulate the discharge of water from any drain or premises on a public street or into a river, pond, tank, well, or any other place; (c) to prevent damage of public property and Gram Panchayat property; (d) to regulate sanitation conservancy and drainage in the area of Gram Panchayat ; (e) to prohibit or regulate the use of public streets or other public places by shop-keepers or other individuals or collection to market tolls on public streets; (f) to regulate the manner in which tanks, ponds and cesspools, pasture land, playground, manure pits, land for disposal of dead bodies and bathing places shall be maintained and used; (g) to regulate any other duties or functions of the Gram Panchayat as may be directed by the prescribed authority. (2) The draft of bye-laws framed by Gram Panchayats shall be published in the prescribed manner. Any objections received thereto shall be considered at a meeting of the Gram Panchayat and the bye-laws shall then be submitted together with the objections, if any, received and the decisions taken thereon to the prescribed authority. The bye-laws as sanctioned by the prescribed authority shall come into force after they have been published in the prescribed manner; ------------- 37 Provided that the State Government at any time rescind or modify any bye-laws so approved. Pradhan, Up Pradhan, all officers and employees of a Gram Panchayat to be public servants 30 Pradhan, Up Pradhan, officer and servants, shall be deemed to be a public servant within the meaning of the 1{section 21 of Indian Penal Code,1860} and the word "Government" provided in section 161 of said Code shall, for the purpose of this section, be deemed to include Gram Panchayat: 2{PPrroovviiddeedd tthhaatt PPuubblliicc SSeerrvvaanntt sshhaallll bbee ddeeeem meedd ttoo bbee aa PPuubblliicc SSeerrvvaanntt iinn iitt’’ss GGrraam m PPaanncchhaayyaatt jjuurriissddiiccttiioonn AArreeaa..}} Delegation of powers by the Gram Panchayat 31 Such powers, duties and functions of the Gram Panchayat which are not delegated to the Pradhan under the provisions of this Act, such powers and functions may be delegated by the resolution to any committee of Gram Panchayat or Up Pradhan. Duties and powers of the Pradhan of Gram Panchayat 32 (1) The duties and powers of Pradhan unless otherwise provided by this Act, shall be as follows- (a) convene and preside the meetings of Gram Sabha and Gram Panchayat and their Committees; (b) preside Gram Sabha, Gram Panchayat or such committees in which he is Chairman under this Act. (2) For the disposal of work in all meetings of Gram Sabha or Gram Panchay at, he/she shall control according to the regulations or rules made for this purpose. (3) Shall supervise on the financial administration of Gram Panchayat and superintendence of Executive Administration and if found any irregularity come to the knowledge of Gram Panchayat and Gram Sabha. (4) shall perform such other duties who is delegated to him by this Act or rules, regulation, byelaws or by other any law time being in force made their under required by him. (5) to updated all records of Gram Panchayat by the Secretary subject to the custody of Gram Pradhan. (6) any member of the Gram Panchayat may submit any resolution in the meeting and can ask question in prescribed method relating to the concerning subject of administration of Gram panchayat from Pradhan or Up Pradhan. -------------------- 1- Subs. by section 3(a) of the UK Act No. 27 of 2020.