Amendment status not verified — confirm the current text below against the official source.
Subs. by section 2 of U. P. Act No. 9 of 1994. [The United Provinces Panchayat Raj Act, 1947] [Section 25] [Staff 25- (1) Notwithstanding anything contained in any other provisions of this Act any Uttar Pradesh Act, rules, regulations or bye-laws or in any judgment, decree or order of any court: -- (a) the State Government may, by general or special order, transfer any employee or class of employees serving in connection with the affairs of the State to serve under Gram Panchayats with such designation as may be specified in the order and thereupon posting of such employee or employees in Gram Panchayats of a district shall be made by such authority in such manner as may be notified by the State Government; 105 (b) employee or employees on being so transferred and posted in a Gram Panchayat, shall serve under the supervision and control of the Gram Panchayat on the same terms and conditions and with the same rights and privileges as to retirement benefits and other matters including promotion as would have been applicable to him immediately before such transfer and shall perform such duties as may be specified from time to time by the State Government. (2) Subject to the provisions of sub-section (1), a Gram Panchayats may, after prior approval of the prescribed authority, appoint from time to time such employee as may be considered necessary for efficient discharge of its functions under this Act in accordance with such procedure as may be prescribed: Provided that the Gram Panchayat shall not create any post except with the previous approval of he prescribed authority. (3) The Gram Panchayat shall have power to impose punishment of any description upon the employees appointed under sub-section (2) subject to such conditions and restrictions and in accordance with such procedure as may be prescribed. (4) The Gram Panchayat may delegate to the Pradhan or to any of its Committes, subject to such conditions and restrictions as may be prescribed, the power to impose any minor punishment upon the employees appointed under sub- section (2). (5) An appeal from an order imposing any punishment on an employee under sub-section (3) shall lie to such officer or commit as may be specified by the Statte Government by notification. (6) The prescribed authority may, subject to such conditions as may be prescribed, transfer any employee referred to in clause (b) of sub-section (1) from one Gram Panchayat to any other Gram Panchayat within the same district and the State Government or such other officer as may be empowered in this behalf by the State Government may similarly transfer any such employee from one district to another. (7) A Nyay Panchayat may, with the previous approval of the prescribed authority, appoint any person so appointed shall be under the administrative control of the prescribed authority that shall have power to transfer, punish, suspend, discharge or dismiss him. (8) Appeal shall lie from an order of the prescribed authority punishing, suspending, discharging or dismissing a person under sub-section (7) to an authority appointed in this behalf by the State Government. [The United Provinces Panchayat Raj Act, 1947] [Section 25A-28] Secretary 25-A The State Government, or such officer or authority as may be empowered by it in this behalf shall appoint a Secretary from amongst the employees referred in clause (b) of sub-section (1) or sub-section (2) of section 25, who shall act as Secretary of such Gram Panchayat or Gram Panchayats, within whose territorial limits such Gram Panchayats are situated and perform such other duties as may be specified by the State Government or such officer or authority as may be empowered in this behalf by the State Government.]5 Right of individual members 26- A member of a [Gram Panchayat]2 may, at any meeting move any resolution and put question to the Pradhan or Up-Pradhan on matters connected with the administration of the [Gram Panchayat]2 in the manner prescribed. 106 Surcharge 27- (1) Every Pradhan or Up-Pradhan of a [Gram Panchayat]3, every member of a [Gram Panchayat]2 or of a Joint Committee or any other committee constituted under this Act and every Sarpanch, Sahayak Sarpanchor Panch of a Nyaya Panchayat shall be liable to surcharge for the loss, waste or misapplication of money or property [belonging to the Gram Panchayat or Nyaya Panchayat]4 as the case may be, if such loss, waste or misapplication is direct consequence of his neglect of misconduct while he was such Pradhan, Up-Pradhan, Member, Sarpanch, Sahayak Sarpanch or Panch: Provided that such liability shall cease to exist after the expiration often years from the occurrence of such loss, waste or misapplication, or five years from the date on which the person liable ceases to hold this office, whichever is later. (2) The prescribed authority shall fix the amount of the surcharge according to the procedure that may be prescribed and shall certify the amount to the collector who shall, on being satisfied that the amount is due, realize it as if it were an arrear of land revenue: (3) A person aggrieved by the order of the prescribed authority fixing the amount, of surcharge may, within thirty days of such order, appeal against the order to the State Government or such other or appellate, authority as may be prescribed. (4) Where no proceeding for fixation and realization of surcharge as specified in sub-section (2) is taken the State Government may institute a suit for compensation for such loss, waste or misapplication, against the person liable for the same.]1 Member and servants to be public servants 28- Every member or servant of a Nyaya Panchayat, a [Gram Panchayat]2, a joint committee or any other committee constituted under this Act shall be deemed to be a public servant within the meaning pf section 21 of the Indian Penal Code. 1 Subs. by section 17 of U.P. Act No. 37 of 1978. 2 Substituted by section 2 of U. P. Act No. 9 of 1994. 3 Subs. by section 33 (a) of ibid. 4 Added by section 33 (b) of ibid. 5 Substituted by section 2 of U. P. Act No. 27 of 1999. [The United Provinces Panchayat Raj Act, 1947] [Section 28A-28B] Bhumi Prabandhak Samiti 28-A (1) The [Gram Panchayat]3 [***]4 shall also be the Bhumi Prabandhak Sarnit.i 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]5 under section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or under any other provision of that Act. (2) The Pradhan and Up-Pradhan shall respectively be the Chairman and the Vice-Chairman of the Bhumi Prabandhak Samiti, and the Lekhpal of the area comprised in the jurisdiction of the [Gram Panchayat]6 shall be its Secretary.]1 [Function of the Bhumi Prabandhak Samiti 28-B (1) The Bhumi Prabandhak Samiti shall for and on behalf of the [Gram Panchayat]7 be charged with the general management, preservation and control of all property referred to in section 28-A including- 107 U.P. Act no. 1 1951 (a) the settling and management of land but not including the transfer of any property for the time being vested in the [Gram Panchayat]7 under section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 or under any other provision of that 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, bazare and melas; (e) the maintenance and development of fisheries and tanks; (f) the rendering of assistance in the consolidation of holdings ; (g) the conduct and prosecution of suits and proceedings by or against the [Gram Panchayat]3 relating to or arising out of the functions of Samiti ; (h) the performance of functions specifically assigned to the Bhumi Prabandhak Samiti under the U. P. Zamindari Abolition and Land Reforms Act, 1950 or any other enactment ; and (i) any other matter relating to such management, preservation and control as may be prescribed ; and may exercise all powers of the [Gram Panchayat]3 necessary for or incidental to the discharge of such duties.]2 (2) The Bhumi Prsbandhak samiti shall function subject to the provisions of U. P. Zamindari Abolition and Land Reforms Act, 1950.