Amendment status not verified — confirm the current text below against the official source.
133 (3) Whenever any property is requisitioned under this section, the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section. (4) In this section-- (a) “premises” means any land, building or part of a building and includes a hut, shed or other structure or any part thereof; (b) “vehicle” means any vehicle used or capable of being used for the purpose or road transport, whether propelled by mechanical powers or otherwise. Determination of compensation in case of requisition 131C Whenever in pursuance of section 131B the District Magistrate and State election commission requisition any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following; namely— (i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality; (ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; Provided that where any person interested being aggrieved by the amount of compensation so determined makes and application within the prescribed time to the District Magistrate, the State Election Commission for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the District Magistrate may determine: Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of that amount of compensation, it shall be referred to an arbitrator appointed in this behalf for determination and shall be determined in accordance with the decision of such arbitrator. (iii) Whenever in pursuance of section 131B the District Magistrate, and State Election Commission requisitions any premises, there shall be paid to the person interested compensation the amount of which shall be determined by taking into consideration by the arbitrator appointed under this section as the case may be; Provided that the expression “person interested” means the person who was in actual possession of the premises or vehicle requisitioned under section 131B immediately before the requisition, or where no person was in such actual possession, the owner of such 134 premises or vehicle. Furnish information to specified authority 131D The District Magistrate and State Election Commission may with a view to requisitioning any property under section 131B or determining the compensation payable under section 131C order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified. Inspection by authorised person 131E Any person authorized in this behalf by the District Magistrate and State Election Commission may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether and if so in what manner, an order under section 131B should be made in relation to such premises vehicle, vessel or animal or with a view to securing compliance with any order made under that section. summarily eviction 131F Any person remaining in possession of any requisitioned premises or vehicle in contravention of any order made under section 131B may be summarily evicted from the premises by any officer empowered by the District Magistrate in this behalf. Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lick or bolt or break open any door of any building or do any other act necessary for effecting such eviction. Delivery of possession of Vehicle or requisitioned premises 131G (1) When any premises or vehicle requisitioned under section 131B are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person to the person deemed by the District Magistrate from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises or vehicle which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises or vehicle is so delivered. (2) Where the person to whom possession of any premises or vehicle requisitioned under section 131B is to be given under sub- section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the District Magistrate shall cause a notice declaring that such premises or vehicle are released from requisition to be affixed on some conspicuous part of such premises or vehicle and publish the notice in the Official Gazette. (3) When a notice referred to in sub-section (2) is published in the Official Gazette, the premises or vehicle specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the District Magistrate shall not be liable for any compensation or other claim in respect of such 135 premises or vehicle for any period after the said date. application regarding election and their revision 131H (1) The election of a person as Pradhan or Up-Pradhan or as member of a Gram Panchayat shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed, on the ground:- (a) that this election has not been free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election; or (b) that the result of the election has been materially affected- (i) by the acceptance or rejection of any nomination in improper manner; or (ii) by gross failure to comply with the provisions of this Act or the rules framed there under. (2) The following shall be deemed to be corrupt practice of bribery or undue influence for the purpose of this Act- (a) bribery, namely:- (i) a person to stand or not to stand or to withdraw from being a candidate at an election; or (ii) with objective of inducing any elector to vote or refrain voting of an election direct or indirect or to any person for the thing that:- (1) a person for having so stood or not stood, for having withdrawn his candidature; (2) an elector for having voted as refrained from voting for this purposes: to propose or promise of any seat or reward on the port of a candidate is any other person what so ever with the connivance as served. (b) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or of any other person with the connivance of the candidate with the free exercise of any electoral right : Provided that without prejudice to the generality of the provisions of this clause any such person as is referred to therein who- (i) threatens any candidate, or any elector, or any person in whom a candidate or an elector is interested with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community ; or (ii) induces or attempts to induce a candidate or an elector to believe that he or any person in whom he is interested will become or will, be rendered an object of divine displeasure or 136 spiritual censure shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause, (3) The application under sub-section (1) may be presented by any candidate at the election or any elector and shall contain such particulars as may be prescribed; Explanation:- Any person, who filed a nomination paper at the election whether such nomination paper was accepted or rejected, shall be deemed to be a candidate at the election. (4) The authority to whom the application under sub-section (1) is made shall, in the matter of- (i) hearing of the application and the procedure to be followed at such hearing, (ii) setting aside the election or declaring the election to be void or declaring the applicant to be duly elected or any other relief that may be granted to the petitioner have such powers and authority as may be prescribed. (5) Without prejudice to the generality of the powers to be prescribed under sub-section (4) the rules may be provided for summarily hearing and disposal of an application under sub- section (1). (6) Any party aggrieved by an order of the prescribed authority who shall be Assistant Collector (first class)/ Pargana Magistrate of concerned Tehsil/ Pargana upon an application under sub- section (1) may, within thirty days from the date of the order, apply to the District Judge for revision of such order or any one or more on the following grounds; namely : - (a) that the prescribed authority has exercised such jurisdiction not vested in it by law; (b) that the prescribed authority has failed to exercise a such jurisdiction so vested; (c) that the prescribed authority has acted in the exercise of its jurisdiction illegally or with material irregularity. (7) The District Judge may dispose of the application for revision himself or may assign it for disposal to any Additional District Judge, Civil Judge or Additional Civil Judge under his administrative control and may recall it from any such officer or transfer it to any other such officer. (8) The revising authority mentioned in sub-section (7) shall follow such procedure as may be prescribed, and may confirm, vary or rescind the order of the prescribed authority or remand the case to the prescribed authority for re-hearing and pending its decision pass such interim orders as may appear to it to be just and 137 convenient. (9) The decision of the prescribed authority, subject to any order passed by the revising authority under this section, and every decision of the revising authority passed under this section, shall be final. (10) If any question arises that any person is legally elected as a Pramukh, Up-Pramukh or member of Kshettra Panchayat or Chairman, Vice-Chairman or Member of Zila Panchayat or not or he is eligible to be such Pramukh, Up- Pramukh or Member of Kshettra Panchayat or Chairman, Vice-Chairman or Member of Zila Panchayat or not then that question shall be referred to Judge which means District Judge and its includes any other subordinate Civil Judge nominated on ad hoc by District Judge under it, in prescribed manner, whose decision shall be binding and final. If Judge decides that any person is not legally elected as a Pramukh, Up-Pramukh or Member of Kshettra Panchayat or Chairman, Vice-Chairman or Member of Zila Panchayat or he is not eligible to be such Pramukh, Up-Pramukh or Member of Kshettra Panchayat or Chairman, Vice-Chairman or Member of Zila Panchayat then he shall not remain as a Pramukh, Up- Pramukh or Member of Kshettra Panchayat or Chairman, Vice - Chairman or Member of Zila Panchayat from the date of such decision. Explanation: Duration fixed for submitting the objection regarding the election of any person in the three tier Panchayat General election, 2019 shall commence from the date of commencement of this Act. Supplementary provisions 131 I (1) section 10A, 11A and section 123 of Chapter 1 and sections 125(a), 126,127, 127A,128,129, 130,131,132, 133, 134, 134A, 135, 135A, 135C, and 136 of Chapter 3 of Part VII of the Representation of People Act, 1951 shall be applicable as they were- (a) In relation to any election use direction under this Act the made by direction of election; (b) The words ‘the election of Pradhan, Up-Pradhan and Members of Gram Panchayat shall be placed in place of ‘election area’. (c) The words ‘State Election Commission’ shall be placed in place of ‘Chief Election Officer’ in sub-clause (1) of clause (b) of sub-section (2) of section 127(A) of the Representation of People Act, 1951. (d) The word “by or under Uttarakhand Panchayat Raj Act, 2016 shall be substituted in place of “By or under this Act” in section 134 and 136 of the Representation of People Act, 1951. 138 (2) The words “ election of member, Pramukh, Up-Pramukh of Kshettra Panchayat and Member, Chairman and Vice- Chairman” shall be substituted by words “election area” of Zila Panchayat. (3) Regarding election made under this Act and regulation where there is no provisions in relation to election there shall be used as necessity of the provision of the Representation of People Act, 1951 of the State of Uttarakhand. Oath or affirmation 131J (1) Every person elected on any post in Gram Panchayat, Khettra Panchayat and Zila Panchayat shall, be entering upon any office referred to in the sections make and subscribe before such authority as may be prescribed on oath or affirmation and put his signature in the form to be prescribed. (2) Any member who declines or otherwise refuses to make and subscribe an oath or affirmation and refuges to signature as aforesaid shall be deemed to have vacated the office forthwith.} 1{Jurisdiction of Civil Courts in election matters of Gram Panchayat barred 132 No Civil Court shall have jurisdiction to question the legality of any action taken or any decision given by an officer or authority appointed in relation to the subjects related to election of Gram Panchayat under this Act, in connection with the conduct of elections thereunder.}1 Inspections, etc. of prescribed authority over Gram Panchayat, Kshettra Panchayat and Zila Panchayat 133 (1) with the limits of its jurisdiction or district boundaries, as the case, may be prescribed of State Government- (a) Director- Within the jurisdiction of the State Director shall be designated authority of the Zila Panchayat and inspect, or cause to be inspected, any movable property used or occupied by a Zila Panchayat or any committee or joint committee thereof, or any work in progress under the direction of any of them . (b) by written order call for and inspect a book or documents in, the possession or under the control of a Panchayats or any committee or joint committee thereof. (c) by written order require a Panchayats , or any committee or joint committee thereof to furnish such statements, accounts, reports (including monthly reports of progress) or copies of documents, relating to its proceedings or duties as he thinks fit to call for ; and (d) record in writing, for the consideration of Panchayats, or any committee or joint committee thereof any observations he thinks proper in regard to its proceedings or duties. --------------------------------------------------- 1- Subs. by section 7 of UK Act no. 9 of 2020. 139 (2) District Magistrate- (a) shall be the Prescribed Authority in Kshettra Panchayat located in district. Inspect, or cause to be inspected, any movable property used or occupied by a Kshettra Panchayat or any committee or joint committee thereof, or any work in progress under the direction of any of them. (b) by written order call for and inspect a book or documents in, the possession or under the control of a Kshettra Panchayat or any committee or joint committee thereof. (c) by written order require a Kshettra Panchayat, or any committee or joint committee thereof to furnish such statements, accounts, reports (including monthly reports of progress) or copies of documents, relating to its proceedings or duties as he thinks fit to call for ; and (d) record in writing, for the consideration of Kshettra Panchayat, of any committee or joint committee thereof any observations he thinks proper in regard to its proceedings or duties. (3) Zila Panchayat Raj Adhikari- (a) shall be the Prescribed authority of Gram Panchayat located in the district. Inspect, or cause to be inspected, any movable property used or occupied by a Gram Panchayat or any committee or joint committee thereof, or any work in progress under the direction of any of them. (b) by written order call for and inspect a book or documents in, the possession or under the control of a Gram Panchayat or any committee or joint committee thereof. (c) by written order require a Gram Panchayat, or any committee or joint committee thereof to furnish such statements, accounts, reports (including monthly reports of progress) or copies of documents, relating to its proceedings or duties as he thinks fit to call for ; and (d) record in writing, for the consideration of Gram Panchayat, of any committee or joint committee thereof any observations he thinks proper in regard to its proceedings or duties. Other Powers and duties of State Government in reference of 1{Zila Panchayat} 134 (1) The State Government may, from time to time, call after reasonable notice, a meeting of itself, the Chairman and the Mukhys Adhikari, Additinal Mukhya Adhikari/officer and if considered necessary also the Finance Officer, to discuss matters relating to expenditure from the budget grant of the Zila Panchayat relating to planning and development. (2) The Chief Executive Officer, Chief Development Officer through District Magistrate shall furnish quarterly report to the State Government about the progress of development work. ----------------- 1- Subs. word by section 16 of UK Act no 18 of 2020. 140 Inspection of the work of constructed and institution by prescribed authorities 135 A work, or institution, constructed or maintained in whole or part, at the expense of as Zila Panchayat , and all registers, books, accounts or documents relating thereto shall at all times be opened to inspection by such officers as the State Government appoints in this behalf. Powers of prescribed authority to suspend action under the Act 136 (1) The prescribed authority may, within the limits of its jurisdiction by order in writing, prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a Zila Panchayat, or committee of a Zila Panchayat, or a joint committee, or servant of a Zila Panchayat or a joint committee, if in its opinion such resolution or order is patently illegal or Ultra virus or inconsistent with any order or direction given by the State Government under this Act or is Of a nature to cause or tend to cause obstruction, annoyance or injury to the public or to any class or body or persons lawfully employed, or danger to human life, health or safety, or a riot or affray and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order. (2) Where an order is made under sub-section (1) a copy thereof, with a statement of the reasons for making it, shall forthwith be forwarded by the prescribed authority to the State Government which may after calling for an explanation from the Zila Panchayat and considering the explanation, if any, made by it, rescind, modify or confirm the order. (3) Where the execution or further execution of a resolution or order is prohibited by an order made under sub-section (2) and continuing in force, it shall be the duty of the Zila Panchayat or the committee of the Zila Panchayat or the joint committee or any officer or servant of the Zila Panchayat, or of the committee of the Zila Panchayat or to the joint Committee, if so required by the authority making the order under the said sub-section, to take any action which it would have been entitled to take, if the resolution or order had never been made or passed, and which is necessary for preventing any person from doing or continuing to do anything under cover of the resolution or order of which the further executions prohibited. Extraordinary powers of State Government towards 1{Zila Panchayat} in case of emergency 137 (1) In case of emergency the District Magistrate may provide for the execution of any work, or the doing or any act which the Zila Panchayat or Committee or Joint Committee thereof is empowered to execute or do, and the immediate execution or doing of which is, in his opinion, necessary for the safety or protection of the public, and may direct that the expenses of executing the work or doing the Act shall be forthwith paid by the Zila Panchayat. ------------------ 1- Subs. word by section 17 of UK Act no 18 of 2020. 141 (2) If the expense is not so paid the District Magistrate may make an order directing the person having the custody of the Zila Nidhi to pay the expense from such fund and such person shall act upon such direction. (3) The District Magistrate shall forthwith send a report to the Zila Panchayat or to the prescribed authority in which cases he uses the powers conferred on him by this section. Separation from their posts to the officers of the three tiers Panchayat 138 (1) 1{The State Government may remove a Pradhan, Up- Pradhan of Gram Panchayat or any of its member or any member of Joint Committee or Land Management Committee or Pramukh or Up-Pramukh of Kshettra Panchayat or any its member or Chairman, Vice Chairman of Zila Panchayat or any of its member, on any of the following grounds: } (a) that he has acted as a member of the Gram Panchayat, Kshettra Panchayat and Zila Panchayat or member of any committee by voting or taking part in the discussion of any matter in which he has directly or indirectly, a personal interest or in which he is professionally interested on behalf of a client, principal or other person; (b) that he has become physically or mentally incapacitated for performing his duties as such member, Pradhan, Up Pradhan, Pramukh, Up pramukh, Chairman, Vice- Chairman; (c) that he has been guilty, whether in his present or an earlier term of office, of misconduct in the discharge of his duty as such member, Pradhan, Up pradhan, Pramukh, Up pramukh, Chairman, Vice-chairman or has contravened any of the provisions of this Act or caused loss or damage to the fund or property of Panchayats and such misconduct, contravention or causing of loss or damage renders due to conduct of work as unauthorised in place by women representative, her husband or family members or relatives, such women shall be in eligible as member, Pradhan Up-pradhan, Pramukh, Up-pramukh, Chairman, Vice-chairman, in such case they may be suspended upto the departmental final enquiry and their work and duties may be hand over to a committee of three elected members of the concerning Panchayat. In addition to the disciplinary action also may be taken against the departmental employees/ officer, if found guilty in the enquiry. --------------------------------