Keyword(s):
Up-Pradhan, Gaon Panchayat, Panch of the Nyaya Panchayat, Power to
Borrow
Amendment of the U.P. Panchnyat Raf Act, 1947
- 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 - fn section 12 of the principal Act,—
— — —
—- -. — – —– — — – —
- – – – —
- 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.”
d
Substitution of 5. For section 12-H of the principal Act, the following section shall ba
new rectioa for rubstituted, namely:-
n12-H.
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.” - 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.” - 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
i
”” 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 ;
u.p.
H~~1
“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; -, – – ..
0
>
<- .-
.
(g) the conduct and prosecution of suits and proceedings by or
against the Gaon Sabha relating to or ariming out of the functions of
Samiti;
(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
seetm~30.
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.”
- 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.” - 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.” - 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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