Up-Pradhan, Gaon Panchayat, Panch of the Nyaya Panchayat, Power to

Amendment of the U.P. Panchnyat Raf Act, 1947

  1. For section 1I-C of the U. P. Panchayat Raj Act, 1947; hereinafter in Substitutbn of
    new scwtio* for
    saction 11-C of
    U. p Act XYYI
    of 1947.
    this Chapter referred to as the principal Act, the following section shall be subs-
    titutcd, namely :–
    cGl1-C. Election u! CJp-Pradhan and hi3 term-
    (1) The Up-Pradhan shall be elected by the =embers of the Gaon
    Panchayat from amongsi themsehes in such manner as maj be prescribed:
    Provided that if a Gaon Panchayat fails to s elect an 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 Gaon Panchayat, and
    the person so nominated shall be deemed to have been duly elected.
    (2) The term of office of the Up-Pradhan whether elected or nominated
    befarc or after the commencement of the Uttsr Pradesh Rural Local Self-
    Government Laws (Amendment) Ordinance, 1972, shall commence from
    the date of his election or nomination, as the case may be, and unleas
    otherwise determined under the provisions of this Act, shall expire with
    ihc term of the Gaon Panchayat.
    (3) The provisions of section 14 shall apply to the removal of Up-
    Pradhan as they apply to the removal of Pradhan witti the substitution
    of references to Gaon Sabha and Pradhan by references to Gaon Pan-
    chayat and Up-Pradha~respectively.”
    A wcndtnent of
  2. fn section 12 of the principal Act,—

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  1. In section 1I-D of the principal Act, for clause (a),the followingclauseshall hmendmant of
    be substituted, and be deemed always to have been substituted, namely :- seetion 11-0.
    ‘ “(a) be the Pradhan of the Gaon Sabha and a member of the Gaon
    Panchayat or a Panch of the Nyaya Panchayat:”.
    (i) in sub-section (7) for the second sentence the followirlg sentence shall .action 12.
    be strbstituted, and be deemed always to have been substituted, n trne’v :-
    “Their number shali be such as may be prescribed.”
    iFor State~ientof Objects and Reascws, please see Ijttsr Pradesh Gazette (ExrrtrordiIt~rt~), dated December 14. 1977-1 ‘ifPasse3 in HinJi by tile llttar Pradesh Legidative iotrncil ov I3ecember J 3 1977, and b~r the Uttai pr-tdcsh Legislatrve .4s~s!r:b!yon .ianuary IS, 1973), fliec:ivad thc Assent of theG wernor on Janliary 22. I971 ~rnde-AI ti;le XO;,ol the Con.& ~!~ti,>nofJodiaan%va?!’):~hiished111 the IIttari’radesr: Gnzerte Fctrnorc!irary,cl~t:ala~uaty2?, 19731.
    L %&.Pa(ii) after gub-scction (lo), the following tub-section ahall be tn#ertrd,
    md be deemed always to have been inserrcd, namely :-
    “(1 I) The Pradhan and Up-Pradhan of the Gaatl Sabha shall ‘
    respectively be, ex officio, Pradhan and UpiPradhan of the Gaoa
    Panchayat and shall have the right to speak in and otherwise to take
    part in the proceedings of the Gaon Panchayat. The Pradhan shall
    not, however, be deemed to be a member of the Gaon Panchayat
    and shall not be entitled to vote:
    Provided that in the caseof a motion or resolution before the Gaon
    Panchayat, but excluding any election, the Pradhan shall in the
    case of equslity of votes and in no other case have a casting vote.”
    Substitution of 5. For section 12-H of the principal Act, the following section shall ba
    new rectioa for rubstituted, namely:-
    Inszrtios dasw
    crctien, 144,
    “12-H. If a vacancy in the office of Pradhan, Up-Pradhan or of #’
    member of a Gaon Panchayat arises by reason-of his death, removal,
    resignation, avoidance of his election or refusal to take oath of oflice,it
    shall be filled for the remainder of hia term in the manner, as far as may
    be, provided in sections 11-3, 1 1-C or 12, as the case may be.”
  2. After section 14 of the principal Act, the: following section shall be
    Werfed,namely :-
    “14-A. Outguing Pradhan’s obligation to deliver records and money of
    Gaon Sabha-(I) If any person on the vacation of his oGcc as Pradhan
    wilfully fails to hand over all records and money of the Gaon Sabha to
    his successor or to any person authorised in this behalf by the prescribed
    authority, he rhaU bc punishable with imprisonment which may oxtoad
    to two years or with fine or with both.
    (2) Without prejudice to the provisions of sub-section (I), any ouch
    money may on a certificate issued in that behalf by the prescribed autho-
    rity be recovered as arrears of !and revenue.”
  3. For section 28-A of the principal Act, the following aection shall be
    Substifutbm or
    “(1) The Gaon Panchayat of every Gaon Sabha shall also be &o
    Bhumi Prabandbak Samiti and as such discharge the duties of up-keep,
    protection and supervision of all property belonging te or vcrtcd in or
    held by the Gaon Ssbha under section 117 of the Uttar Pradesh Zamindari
    ”” sub~tituted%namely :-
    roctiom 28-A.
    Abolition and Land Reforms Act, 1950, or under any other provision of 1~1,
    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 Gaon Srtbba
    . shall be its Secretary,”
    8, In section 28-fa of tbt principal Act, fbr sub-secfon (I) the following
    raeee ;
    “28-B, (1) The Bhumi Prabandhak Samiti shall for and on behalf of the
    Gaon Sabha, -be charged vith the general management, preservation
    control of all property referred to in section 28-A inctuding-
    (a) the settli~gand Jaanagement of rand but not including the
    transIe; cf any ;?:~p”rt) ~CPthe time being iested in the Gaon Sabba
    under secti~ii1 17 of the Uttx Pradesh Zamindari Abolition and
    Land Rcforrns Act, 1950 or under any other provision of that Act;
    (i*) the prcsrrvation, mnintenance and dcve!opment of forest3 afid
    Ammdr:~t”nt of
    occtiat?: 28-15.
    gl~;’b-%e~tionthall be sz~bstitrrted, namely :–
    ($1 the management of hats, hca-rrrs. and r,, e!m;
    (e) the maintenance and development sf fisticries and tanks;i
    Cr) the rendering of assistance in the consolidation of holdfnga; -, – – ..


<- .-
(g) the conduct and prosecution of suits and proceedings by or
against the Gaon Sabha relating to or ariming out of the functions of
(h) the performance of functions speciiically assigned t6 the Bhuh
Prabandhak Samiti under the U. P. Zamindari Abolition and Land
Reforms Act, 1950 or any other enactment; and
(i) any other matter relating to strch management, preservation and
control as may be prescribed ;
eendment of
Sobstitution of
erw saction for
section 36.
and may exercise all powers of the Gaon Sabha necessary for or inciden-
tal to the discharge of such duties.”

  1. In section 30 of the principal Act, ujter sub-section (2) tbe following
    sub-section shall be inserted, namely :-
    “(3) Where the prescribed authority so directs, two or more Gaon Sabhas
    shall appoint a Joint Committee under this section for the jbint discharge
    of any of the functions specified in sections 15 and 16.”
  2. For section 36 of the principal Act, the following section shall be subs-
    titured, namely :–
    “36. Power to borrow-A Gaon Sabha may borrow money from the
    State Government or with the prior sanction of the prescribed authority
    and subject to such conditions as may be prescribzd from any financial
    corporation established by law or any scheduled bank or the Uttar Pradesh
    Co-operative Bank or a District Co-opei.atjvc Rank to carry out any of the
    purposes of this Act.”
  3. In section 37 of the principal Act, in sab-section (1)-
    (i) for the opening paragraph, the following paragraph shall be subs-
    tituted, namely :-
    “A Gaon Sabha may levy ail or any of the following taxes, rates
    and fees, namely.–“
    (iij f;-?r clauses (ni a:!c!. (bf, f!7? follotvi:!g c1ausi.s sbaif be .rub.stilr;rt?di
    namely :–
    “(a) in areas where the right, titie and interest of intermediaries have
    been acquired undl-rthe Zarnindari Abolit~enand Land Reforms Act, 1950,
    the 3aunsar-Bawar Zanlindari Aboiitior, and Land Reforms Act,
    1956 or the Kumaun and Uttarakhand Zarnindari Abolition and
    Land Reforms Act, 1960, a tax on land not exceeding twenty-five paise
    in a rupee on the amount of land revenue payabie or deemed to be
    payable tberefor :
    Provided that where the land is in the actual cultivation of a person other
    than the yerson by whom the land revenue therefh: is payable or deemed
    to be payable. Ihc tax shaii be payable by tt~eperson in actual cultivation ;
    (b) in areas other than rh;lse referred to ill clause (aj, a tax on land re-
    venue not exceeding twenty-five paise in it rupee 01; the ara unt of land
    revenue payable by a tenant, by whatever name called, undcr the taw i
    force relating to land tenures :
    Provided that where the laird IS in the ,ictnai cui ivd~ior-iof rtc person
    other than the person liable to paj lar~d-cvei?ti; Li.esefor, the tax sha!i
    be payable by the person in actual cultivatron oi’ .;clc;l I:?:ld.”‘
    hnendnaent d
    12, In sec:lon 43 of t’cie principai Act, i!l s :.-a. cl’ J; ;i i, t’:c foilowing ,mioa 43
    proviso shall hc i,ts rt rl, nam~l~:-
    “Provided that if the requisite number of rncmber..; oE a Caon Pan-
    cllayat are I~OLavailable for being Pancl~esol the Nyaya Panchnyar, ic
    shall be b;twt ul lot- tile 1)icscribetl aulltnri~y10 fill in :my SKI( I;(> 1.e111airli12g
    aracailt b) ~lo~niilat inn lronl arnonpt 0111ei n:~tt~l>t~ s of the Gxon Sah!la.”

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