UTTAR PRADESH PANCHAYAT RAJ ACT, 1947
(1) This Act may be called the "Uttar Pradesh Panchayat Raj Act, 1947."
(2) It shall extend to the whole of the Uttar Pradesh except the area, which has been, or may hereafter be, declared as, or included in, 2[a city under the Uttar Pradesh 3[Municipal Corporation Act, 1959 (Act No.2 of 1959)], or] a Municipality or Notified Area under the provisions of the U.P. Municipalities Act, 1916 (Act No.2 of 1916), or as a Cantonment under the provisions of the Cantonments Act, 1924 (Act No.2 of 1924), or as a 4[Nagar Panchayat] under the provisions of the 5[U.P. Town Areas Act, 1914].
6[Explanation. - [ * * * ]
(3) It shall come into force at once.
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2. Ins. by U.P. Act 37 of 1978.
In this Act, unless there is an anything repugnant in the subject or context-
(a) "Nyaya Panchayat" means a Nyaya Panchayat established under Section 42 and includes a bench thereof;
(b) "Adult" means a person who has attained the age of twenty-one years;
1[(bb) "Backward classes" means the backward classes of citizens specified in Schedule-I of the Uttar Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 (Act No. 4 of 1994)];
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1. Added by U.P. Act No.9 of 1994.
(c) "Criminal case" means a criminal proceeding in respect of an offence triable by a Nyaya Panchayat 2[and inc
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].
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2. Subs. by U.P. Act No. 9 of 1994.
3[* * *].
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3. Omitted by U.P. Act No. 9 of 1994.
4[* * *].
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4. Omitted by U.P. Act No. 9 of 1994.
A person shall be disqualified for being chosen as, and for being, 7[the Pradhan or] a 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 servant of the Gram Panchayat or a Nyaya Panchayat;
(c) holds any office of profit under a State Government or the Central Government or a 8[local authority, other than a Gram Panchayat or Nyaya Panchayat; or a Board, Body or Corporation owned or controlled by a State Government or the Central Government];
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1[* * *]
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1. Omitted by U.P. Act No. 9 of 1994.
(1) A 2[member of a Gram Panchayat] shall cease to be such member if the entry relating to that member is deleted from the electoral 3[roll for a territorial constituency of Gram Panchayat].
(2) Where any person ceases to be a member of a 4[Gram Panchayat] under sub-section (1) he shall also cease to hold any office to which he may have been elected, nominated or appointed by reason of his being a member thereof.
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2. Subs. by U.P. Act No.9 of 1994 for "member of a Gaon Sabha".
3. Subs. by U.P. Act No.9 of 1994 for "roll for the Gaon Sabha".
4. Subs. by U.P. Act No.9 of 1994.
If any question arises as to whether a person has become subject to any disqualification mentioned in Section 5-A or in sub-section (1) of Section 6, the question shall be referred to the prescribed authority for his decision and his decision shall, subject to the result of any appeal as may be prescribed, be final].
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5. Subs. by U.P. Act No.2 of 1955.
6[* * *]
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6. Deleted by U.P. Act No.2 of 1955.
If the whole of the area of 8[Gram Panchayat] is included in a city, municipality, cantonment, notified area, or 1[Nagar Panchayat] the 2[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.
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7. Subs. by U.P. Act No.9 of 1994.
8. Subs. by U.P. Act No.9 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No.9 of 1991.
(1) For each territorial constituency of a Gram Panchayat, an electoral roll shall be prepared, in accordance with the provisions of this Act 4[and the rules made thereunder] under the superintendence, direction and control of the State Election Commission.
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3. Subs. by U.P. Act No.9 of 1994.
4. Ins. by U.P. Act No. 21 of 1995.
5[(1-A) Subject to the superintendence, direction and control of the State Election Commission, the Mukhya Nirvachan Adhikari (Panchayat) shall supervise and perform all functions relating to the preparation, revision and correction of the electoral rolls in the State in accordance with this Act and the rules made thereunder.
(1-B) The preparation, revi
Except 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 constituency 2[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 3[Gram Panchayat or the concerned Nyaya Panchayat]:
Provided that a person who has not completed the age of twenty-one years shall not be qualified to be elected as a member or office-bearer of the Gram Panchayat].
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2. Ins. by U.P. Act No. 21 of 1995.
3. Subs. by U.P. Act No. 21 of 1995.
If, in establishing a 6[Gram Sabha] or in the working of a 7[Gram Panchayat], any dispute or difficulty arises regarding the interpretation of any provision 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.
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4. Subs. by U.P. Act No.9 of 1994.
5. Subs. by U.P. Act No.9 of 1994.
6. Subs. by U.P. Act No.9 of 1994.
7. Subs. by U.P. Act No.9 of 1994.
(1) Every 3[Gram Sabha] shall hold two general meetings in each year, one soon after harvesting of the Kharif Crop (hereinafter called the Kharif meeting) and the other soon after harvesting of the Rabi Crop (hereinafter called the Rabi meeting) 4[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 30 days from the receipt of such requisition, call an extraordinary general meeting. The time and place of all the meetings of the 5[Gram Sabha] shall be published in the prescribed manner:
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.
4[(1) There shall be a Pradhan of the Gram Panchayat who shall be the Chairperson thereof].
(2) The State Government shall, by order, reserve offices of Pradhans for the Scheduled Castes, the Scheduled Tribes, and the Backward Classes:
Provided that the number of offices of Pradhan reserved for the Scheduled Castes, Scheduled Tribes and the Backward Classes in the State shall bear, as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or the Backward Classes in the State bears to the total population of the State :
Provided further that the reservation for the Backward Classes shall not exceed twenty seven percent of the total number of offices of Pradhans :
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(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.
(2) If at any general election to a Gram Panchayat, the Pradhan is not elected, and less than two-thirds of the total member of Gram Panchayat are elected, the State Government or an officer authorised 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 Stat
2[* * *]
3[(3) [ * * * ]].
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1. Deleted by U.P. Act No. 44 of 2007.
2. Sub-section (1) and (2) omitted by U.P. Act No. 44 of 2007 (w.e.f. 20-8-2007).
3. Sub-section (3) omitted by U.P. Act No. 24 of 2001 (w.e.f. 6-10-2001).
No person shall simultaneously -
(a) be the Pradhan of a Gram Panchayat and a Panch of the Nyaya Panchayat; or
(b) be a member of a Gram Panchayat for more than one territorial constituency; or
(c) be a member of a Gram Panchayat and a Panch of Nyaya Panchayat; or
(d) hold any office in more than one Gram Panchayat or Nyaya Panchayat,
and the rules may provide for the vacation of all but one office by any person chosen to fill offices, which he cannot hold simultaneously.
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4. Subs. by U.P. Act No.9 of 1994.
(1) A person shall be disqualified for being elected to or holding the office of Pradhan or member of Gram Panchayat or a Panchayat or a Nyaya Panchayat, if he is-
(a) member of Parliament or State Legislature; or
5[(b) member, Pramukh or Up-Pramukh of a Kshettra Panchayat; or
(c) member, Adhyaksha or Up-Adhyaksha of a Zila Panchayat; or]
(d) Adhyaksha or Up-Adhyaksha of any Co-operative Society.
(2) A person shall cease to hold the office of Pradhan or member of the Gram Panchayat or Panch of a Nyaya Panchayat, as the case may be, if subsequently, he is elected to any of the offices mentioned in Clauses (a) to (d) of sub-section (1) with effect from the date of such subsequent election and a casual vacan
(1) For the purposes of this Act the State Government may by notification declare any area comprising a village or group of villages, having, so far as practicable, a population of 300 in hill area and 1000 in plain area to be a Panchayat area for the purposes of this Act by such name as may be specified:
Provided that the population shall not exceed 1000 in hill area and 5000 in plain area of the State as far as practicable:
Further provided that for the purposes of declaration of a Panchayat area no revenue village or any hamlet thereof shall be divided:
Also provided that if it is not practicably possible to follow the above provisions then the State Government may relax the aforesaid restrictions by order in the specific and unavoidable circumstances.
(1)(a) There shall be 1[constituted] for every Panchayat area, a Gram Panchayat bearing the name of the Panchayat area.
(b) Every Gram Panchayat shall be a body corporate.
© A Gram Panchayat shall consist of a Pradhan and, in the case of a Panchayat area having a population of-
(i) 2[upto one thousand] nine members,
(ii) more than one thousand but not more than two thousand, eleven members,
(iii) more than two thousand but not more than three thousand, thirteen members, or
(iv) more than three thousand, fifteen members.
(d) For the purpose of election of members of Gram Panchayat every Panchayat area shall be divided
The election to the office of a Pradhan or 4[* * *] 5[* * *] or a member of a 6[Gram Panchayat] shall be held by secret ballot in the manner prescribed.
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4. The word "Up-Pradhan" omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).
5. The words "of a Gaon Sabha" omitted by U.P. Act No. 9 of 1994.
6. Subs. by U.P. Act No. 9 of 1994.
(1) The Pradhan and 9[* * *] of the Gram Panchayat shall receive such allowances and honoraria as may be prescribed.
(2) The member of a Gram Panchayat, other than Pradhan and 10[* * *] shall receive such allowances as may be prescribed].
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7. Ins. by U.P. Act No. 9 of 1994.
8. The word "Up-Pradhan" omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).
9. The word "Up-Pradhan" omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).
10. The word "Up-Pradhan" omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).
(1) A Gram Panchayat shall ordinarily meet for the transaction of business at least once every month but two months shall not intervene between two consecutive meetings:
Provided that the date to be appointed for the first meeting of a Gram Panchayat, shall be within thirty days from the date of its constitution.
(2) The meetings of the Gram Panchayat shall be held at such place and in such manner as may be prescribed].
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1. Subs. by U.P. Act No. 24 of 2001.
UTTARAKHAND AMENDMENT
2[Substitution of Section 12-B. - In the U.P. Panchayat Raj Act, 1947 (as applicable to the State Uttarakhand), instead of present Section 12-B, the followi
(1) The superintendence, direction and control of the conduct of the election to the office of Pradhan, 4[* * *] or a member of a Gram Panchayat shall be vested in the State Election Commission.]
5[(2) Subject to the superintendence, direction and control of the State Election Commission, the Mukhya Nirvachan Adhikari (Panchayat) shall supervise and perform all functions relating to the conduct of the election to the office of Pradhan, 6[* * *] or a member of a Gram Panchayat in the State].
1[(3) The State Government shall, in consultation with the State Election Commission, by notification, appoint the date or dates for general election or bye-election of the Pradhan, 2[* * *] or members of a Gram Panchayat].
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3. Subs.
4[(1) Subject to the supervision and control of the State Election Commission, the District Magistrate shall supervise the conduct of all ejections of the Pradhans, the 5[* * *] and the members of Gram Panchayats in the District].
(2) Every local authority and the management of every educational institution receiving grant-in-aid from the State Government in the district shall, when so required by the District Magistrate make available to him or any other officer appointed by the District Magistrate as Nirvachan Adhikari such staff as may be necessary for the performance of any duties in connection with such election.
(3) 6[The State Election Commission] may likewise require all or any of the local authorities and the managements of all or any of such institutions as aforesaid in the State to make available to any other officer referred
(1) If it appears to the District Magistrate that in connection with an election under this Act to be held within the district-
(a) any premises are needed or are likely to be needed for the purposes of being used as a polling place or for the storage of ballot boxes after a poll has been taken; or
(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any place, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performances of any duties in connection with such election, he may, by order in writing, requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in conn
(1) Whenever in pursuance of Section 12-BCA, the District Magistrate requisitions 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 an application within the prescribed time to the District Magistrate for referring the matter to an arbitrator, the am
The District Magistrate may, with a view to requisitioning any property under Section 12-BCA or determining the compensation payable under Section 12-BCB by 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.
(1) Any person authorised in this behalf by the District Magistrate 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 12-BCA 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.
(2) In this section the expressions 'premises' and 'vehicle' have the same meanings as in the Section 12-BCA.
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under Section 12-BCA may be summarily evicted from the premises by any Officer empowered by the District Magistrate in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or bolts or break open any door of any building or do any other act necessary for effecting such eviction.
(1) When any premises requisitioned under Section 12-BCA 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 to be the owner of such premises, and such delivery of possession shall be a full discharge of the District Magistrate from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises requisitioned under Section 12-BCA is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other pers
(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in-breach of his official duty, he shall be punishable with fine, which may extend to five hundred rupees.
(2) An offence punishable under sub-section (1) shall be cognizable.
(3) No suit or other legal proceedings shall lie against any other person for damages in respect of any such act or omission as aforesaid.
(4) The persons to whom this section applies are the Nirvachan Adhikaris, Sahayak Nirvachan Adhikaris, Matdap Adhyakashas, Matdan Adhikaris and any other person appointed to perform any duty in connection with the receipt of nomination or withdrawal of candidature or the recording or counting of votes at an election, and the expression 'official duty' shall for the purpose of this
(1) The election of a person as Pradhan 2[* * *] or as member of a 3[Gram Panchayat] including the election of a person appointed as the Panch of a Nyaya Panchayat under Section 43 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 that-
(a) the election has not been a 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 improper acceptance or rejection of any nomination, or
(ii) by gross failure to comply with the provisions of this Act or the rules framed thereunder.
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The provisions of Section 12-C shall mutatis mutandis apply to the election of person as 2[* * *] of a 3[Gram Panchayat], Sarpanch or Sahayak Sarpanch of a Nyaya Panchayat.
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1. The word "Up-Pradhan" omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).
2. The word "Up-Pradhan" omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).
3. Subs. by U.P. Act No. 9 of 1994.
(1) 4[Every person] shall, before entering upon any office referred to in Sections 11-A, 12, 43 or 44 make and subscribe before such authority as may be prescribed on oath or affirmation in the form to be prescribed.
(2) Any member who declines or otherwise refuses to make and subscribe such oath or affirmation as aforesaid shall be deemed to have vacated the office forthwith.
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4. Subs. by U.P. Act No.9 of 1994 for "Every member of Gaon Sabha".
A Pradhan, 5[* * *] or a member of a 6[Gram Panchayat] may, by writing under his hand addressed to such authority as may be prescribed, resign his office and his office shall thereupon become vacant.
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5. The word "Up-Pradhan" omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).
6. Subs. by U.P. Act No. 9 of 1994.
7[* * *].
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7. Deleted by U.P. Act No. 9 of 1994.
If a vacancy in the office of the Pradhan, 9[* * *] or a member of a Gram Panchayat arises by reason of his death, removal, resignation, voidance of his election or refusal to take oath of office, it shall be filled before the expiration of a period of six months from the date of such vacancy, for the remainder of his term in the manner, as far as may be, provided in Sections 11-B, 11-C or 12, as the case may be:
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, the vacancy shall not be filled].
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8. Subs. by U.P. Act No. 33 of 1999.
9. The word "Up-Pradhan" omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).
No Civil Court shall have jurisdiction to question the legality of any action taken or any decision given by an officer or authority appointed under this Act in connection with the conduct of elections thereunder.
Where the office of Pradhan is vacant by reason of death, removal, resignation or otherwise or where the Pradhan is incapable to act by reason of absence, illness or for any reason whatsoever, the prescribed authority shall nominate a member of the Gram Panchayat to discharge the duties and exercise the powers of Pradhan until such vacancy in the office of the Pradhan is filled in, or until such incapacity of Pradhan is removed].
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1. Subs. by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).
2[* * *]
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2. Omitted by U.P. Act No.9 of 1994.
3[* * *]
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3. Omitted by U.P. Act No.9 of 1994.
5[(1) The Gram Sabha may at a meeting specially convened for the purpose and of which at least 15 days previous notice shall be given, remove the Pradhan by a majority of two-thirds of the members of the Gram Sabha present and voting.
(1-A) Notwithstanding anything contained in Section 11, one-third of the members of the Gram Sabha shall form the quorum for a meeting under sub-section (1).]
(2) A meeting for the removal of a Pradhan shall not be convened within 6[two years] of his election.
(3) If the motion is not taken up for want of quorum or fails for lack of requisite majority at the meeting, no subsequent meeting for the removal of the same Pradhan shall be convened within 1[one year] of the date of the previous meeting.
(4) Subject to the pro
Outgoing Pradhan's obligation to deliver records and money of Gram Sabha-
(1) If any person on ceasing to act as Pradhan, Sarpanch or Sahayak Sarpanch willfully fails, in spite of being required to do so by the prescribed authority, to handover all records, money or other property of 2[Gram Sabha], 3[Gram Panchayat] or Nyaya Panchayat, 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.
(2) Without prejudice to the provisions of sub-section (1), any such money may on a certificate issued in that behalf by the prescribed authority be recovered as arrears of land revenue.
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4[......]
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4. Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).
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 agricultural extension :
(a) Promotion and development of agriculture and horticulture,
(b) Development of wastelands and grazing lands and preventing' their unauthorised alienation 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 irri
A Gram Panchavat shall prepare every year a development plan for the Panchayat area and submit it to the Kshettra Panchayat concerned before such date and in such form and manner as may be prescribed.
The State Government may, by notification, and subject to such conditions as may be specified therein, assign to Gram Panchayats any or all of the following functions, namely-
(a) management and maintenance of a forest situated in the Panchayat area;
(b) management of wastelands, pasture lands or vacant lands belonging to the Government situated within the Panchayat area,
(c) collection of any tax or land revenue and maintenance of related records].
A 1[Gram Panchayat] may contribute such amounts for such organisations, institutions and functions outside the jurisdiction of the 2[Gram Panchayat] as the State Government may by general or special order permit.
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1. Subs. by U.P. Act No. 9 of 1994.
2. Subs. by U.P. Act No. 9 of 1994.
A 4[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 water-ways and not being under the control of the State Government or the 5[Zila Panchayat] 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 and 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 water-
For the improvement of sanitation, a 1[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) to close, remove, alter, repair, cleanse, disinfect or put in good order any latrine, urinal, water-closet, drain, cesspool or 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 pri
(1) A 1[Gram Panchayat]-
(a) shall, subject to such rules as may be prescribed regarding the 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 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 2[Zila Panchayat] and the State Government sh
3[* * *].
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3. Deleted by U.P. Act No. 37 of 1978.
Where a group of neighbouring 5[Gram Panchayats] had no primary school or Ayurvedic, Homeopathic or Unani hospital or dispensary, or it needs a road or bridge for its common benefit, the 6[Gram Panchayats] thereof shall, if so directed by the prescribed authority, combine to establish and maintain such a school, hospital or dispensary, or to construct and maintain such a road or bridge, and it shall be managed and financed in the manner prescribed. The State Government and the 7[Zila Panchayat] shall make such grants for such school, hospital, dispensary, road or bridge as may be prescribed.
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4. Subs. by U.P. Act No. 9 of 1994.
5. Subs. by U.P. Act No. 9 of 1994.
6. Subs. by U.P. Act No. 9 of 1994.
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A 8[Gram Panchayat] shall, if so prescribed by the State Government and so far as practicable, assist any Government Servant in the performance of his duties within its area.
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8. Subs. by U.P. Act No. 9 of 1994.
A 2[Gram Panchayat] may make to the proper authority -
(a) any representation concerning the welfare of the persons residing within its jurisdiction; and
(b) any recommendation as to the appointment, transfer or dismissal of patrol of the Irrigation Department, Patwari (or Lekhpal, village chowkidar) or Mukhia serving in any area within the jurisdiction of such 3[Gram Panchayat].
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1. Subs. by U.P. Act No. 9 of 1994.
2. Subs. by U.P. Act No. 9 of 1994.
3. Subs. by U.P. Act No.9 of 1994.
On receiving a complaint from any person, residing within the jurisdiction of a 4[Gram Panchayat] about any misconduct in the discharge of his official duties by any amin, process-server, vaccinator, constable, village chowkidar, Patwari, Patrol and Tube-well operator of the Irrigation Department, forestguard, forest chowkidar, teacher of a primary school, poundkeeper, village stockman or peon of any Government Department, such Panchayat may, if there be prima facie evidence, forward the complaint to the proper authority with its own report. The authority shall, after such further enquiry which may be required, take suitable action and inform the 5[Gram Panchayat] of the result.
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4. Subs. by U.P. Act No.9 of 1994.
5. Subs. by U.P. Act No.9 of 1994.
A 6[Gram Panchayat] may, as prescribed and in respect of any area within its jurisdiction enter into a contract -
(a) with the State Government or any local authority to collect any taxes or dues payable to State or to such local authority upon payment of such collection charges as may be prescribed; or
(b) with the State Government or any local authority for carrying out any work on such terms as may be agreed upon.
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6. Subs. by U.P. Act No. 9 of 1994.
(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 a manner as may be notified by the State Government;
(b) the 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 benef
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, the Gram Sabhas concerned and the Nyaya 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].
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1. Subs. by U.P. Act No. 27 of 1999.
A member of a 2[Gram Panchayat] may at any meeting, move any resolution and put question to the Pradhan and 3[* * *] on matters connected with the administration of the 4[Gram Panchayat] in the manner prescribed.
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2. Subs. by U.P. Act No.9 of 1994.
3. The word "Up-Pradhan" omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).
4. Subs. by U.P. Act No.9 of 1994.
(1) Every Pradhan or 5[* * *] of a 6[Gram Panchayat], every member of a 7[Gram Panchayat] or of a Joint Committee or any other committee constituted under this Act and every Sarpanch, Sahayak Sarpanch or Panch of a Nyaya Panchayat shall be liable to surcharge for the loss, waste or misapplication of money or property 8[belonging to the Gram Panchayat or Nyaya Panchayat] as the case may be, if such loss, waste or misapplication is direct consequence of his neglect or misconduct while he was such Pradhan, 9[* * *], Member, Sarpanch, Sahayak Sarpanch or Panch:
Provided that such liability shall cease to exist after the expiration of ten years from the occurrence of such loss, waste or misapplication, or five years from the date on which the person liable ceases to hold his office, whichever is later.
(2) The prescribed authority shall fix t
Every member or servant of a Nyaya Panchayat a 1[Gram Panchayat], a joint committee or any other committee constituted under this Act shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (Act No. 45 of 1860).
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1. Subs. by U.P. Act No. 9 of 1994.
(1) The 2[Gram Panchayat] 3[* * *] shall also be the Bhumi Prabandhak Samiti and as such discharge the duties of up-keep, protection and supervision of all property belonging to or vested in or held by the 4[Gram Panchayat] under Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Act No. 1 of 1951), or under any other provision of that Act.
5[(2) The Pradhan shall be the Chairperson of the Bhumi Prabandhak Samiti, and the Lekhpal of the area comprised in the jurisdiction of the Gram Panchayat shall be its Secretary].
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2. Subs. by U.P. Act No. 9 of 1994.
3. Omitted by U.P. Act No. 9 of 1994.
4. Subs. by U.P. Act No. 9 of 1994.
(1) The Bhumi Prabandhak Samiti shall for and on behalf of the 6[Gram Panchayat] be charged with the general management and control of all property referred to in Section 28-A including-
(a) the settling and management of land but not including the transfer of any property for the time being vested in the 1[Gram Panchayat] under Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Act No.1 of 1951) 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 and development of haats, bazars and melas;
(e) the maintenance and deve
(1) No member or office bearer of 4[Gram Panchayat] or Bhumi Prabandhak Samiti shall, otherwise than with the permission in writing of the Collector, knowingly acquire or attempt to acquire or stipulate for or agree to receive or continue to have himself or through a partner or otherwise any share or interest in any licence, lease, sale, exchange, contract or employment with, by or on behalf of the Samiti concerned:
Provided that a person shall not be deemed to acquire or attempt to acquire or continue to have or stipulate for or agree to receive any share or interest in any contract or employment by reason only of his-
(a) having acquired any interest before he became a member or office bearer;
(b) having a share in a joint stock company which makes the contract; and
&nbs
(1) Notwithstanding anything to the contrary contained in any other provisions of this Act or the Rules made thereunder, every Gram Panchayat shall constitute such committee or committees as may be notified by the State Government from time to time, to assist the Gram Panchayat in the performance of all or any of its functions and may delegate to such committee or committees such of its powers or functions as it may deem fit.
(2) Every committee constituted under sub-section (1) shall consist of a Chairman and six other members, who shall be elected by the members of the Gram Panchayat from amongst themselves in the prescribed manner:
Provided that in each such committee there shall be atleast one woman member, one member belonging to the Scheduled Castes or the Scheduled Tribes and one member belonging to Backward Classes:
&nbs
(1) Subject to such rules as may be prescribed, two or more 1[Gram Panchayats] may combine by means of a written instrument to appoint a joint committee consisting of other representatives, for the purpose of transacting any business in which they are jointly interested and may-
(a) delegate to such Committee power, with such conditions as they may think proper to impose, to frame any scheme binding on each 2[Gram Panchayat] as to the construction and maintenance of any joint work and as to the power which may be exercised by any such 3[Gram Panchayat] in relation to such scheme; and
(b) frame or modify rules regarding the continuation of such committee and the term of office of members thereof and the method of conducting proceedings and correspondence.
(2) If any difference of opinion arises
6[* * *]
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6. Omitted by U.P. Act No. 9 of 1994.
(1) There shall be a 7[Gaon Fund for each Gram Panchayat] and the same shall, subject to the provisions of the annual estimate of income and expenditure passed under Section 41, be utilised for carrying out the duties or obligations imposed upon the 8[Gram Sabha] or the 9[Gram Panchayat] or any committee thereof by this or any other enactment:
Provided that such amount upto the total of all sums credited to the Gaon Fund under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Act No.1 of 1951), minus the amount credited to the Consolidated Gaon Fund under Section 125-A of that Act as may be required by the Bhumi Prabandhak Samiti for being utilised in carrying out its duties or obligations shall be made available out of Gaon Fund to the Bhumi Prabandhak Samiti every year:
Provided further that in the event of any differen
(1) The Governor shall, as soon as may be, within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992 and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Gram Panchayat, Kshettra Panchayat and Zila Panchayat and to make recommendations to the Governor as to -
(a) the principles which should govern -
(i) the distribution between the State and the Gram Panchayats, Kshettra Panchayats and Zila Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them and the allocation between the Gram Panchayats, Kshettra Panchayats and Zila Panchayats of their respective shares of such proceeds,
(ii) the determination of the taxes, duties
Where a 1[Gram Panchayat] or a number of 2[Gram Panchayats] which have combined under the provisions of Section 20 or 30 require any land to carry out any purpose of this Act, it or they shall first try to have the land by private negotiation and if the parties concerned fail to arrive at an agreement, such 3[Gram Panchayat] or 4[Gram Panchayats] may make any application in the prescribed form to the Collector to acquire the land and the Collector may acquire such land for such 5[Gram Panchayat] or 6[Gram Panchayats].
Explanation.-In this chapter the expression 'land' includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth.
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1. Subs. by U.P. Act No. 9 of 1994.
(1) Subject to any special reservation made by the State Government, all public property situated within the jurisdiction of a 8[Gram Panchayat] shall vest in and belong to the 9[Gram Panchayat] and shall, with all other property which may become vested in the 10[Gram Panchayat], be under its direction, management and control.
(2) All markets and fairs or such portion thereof as are held upon public land shall be managed and regulated by the 11[Gram Panchayat] and the 12[Gram Panchayat] shall receive to the credit of the Gaon Fund all dues levied or imposed in respect thereof.
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7. Subs. by U.P. Act No. 9 of 1994.
8. Subs. by U.P. Act No. 9 of 1994.
9. Subs. by U.P. Act No. 9 o
Where any dispute arises as regards the ownership of any property mentioned in Section 34 between a 1[Gram Panchayat] and any person, the 2[Gram Panchayat] shall give such person a reasonable opportunity of being heard and then decide whether to treat the said property as the property of the 3[Gram Panchayat].
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1. Subs. by U.P. Act No.9 of 1994.
2. Subs. by U.P. Act No.9 of 1994.
3. Subs. by U.P. Act No.9 of 1994.
A 4[Gram Panchayat] may borrow money from the State Government or with the prior sanction of the Prescribed Authority and subject to such conditions as may be prescribed from any financial corporation established by law or any scheduled bank or the Uttar Pradesh Co-operative Bank or a District Co-operative Bank or from any other 5[Gram Panchayat] to carry out any of the purposes of this Act.
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4. Subs. by U.P. Act No.9 of 1994.
5. Subs. by U.P. Act No.9 of 1994.
(1) A 6[Gram Panchayat] shall levy the taxes described in clauses (a) and (b) and may levy all or any of the taxes, fees and rates described in Clauses (c), (d), (e), (f), (g), (h), (i), (j) and (k), hereinafter appearing namely-
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6. Subs. by U.P. Act No.9 of 1994.
(a) in areas where the right, title and interest of intermediaries have been acquired under the Zamindari Abolition and Land Reforms Act, 1950 (Act No. 1 of 1951), the Jaunsar Bawar Zamindari Abolition and Land Reforms Act, 1956 or the Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960, a tax on land 7[not less than twenty-five paise but not exceeding fifty paise] in a rupee on the amount of land revenue payable or deemed to be payable therefor:
&
(1) An appeal against the levy of a tax, rate or fee by the 1[Gram Panchayat] shall lie to the prescribed authority.
(2) Where it is brought to the notice of the prescribed authority, that a tax, rate or fee has not been imposed on any person on whom it should have been imposed, it may direct the 2[Gram Panchayat] to impose it on that person or persons and the 3[Gram Panchayat] shall thereupon act accordingly.
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1. Subs. by U.P. Act No. 9 of 1994.
2. Subs. by U.P. Act No. 9 of 1994.
3. Subs. by U.P. Act No. 9 of 1994.
All dues on account of the taxes imposed and other sums payable to a 4[Gram Panchayat] under this Act shall be recovered as arrears of land revenue if the 5[Gram Panchayat] concerned passes a resolution to that effect within three months from the date of assessment:
Provided that where a 6[Gram Panchayat] fails to pass such a resolution within the said period of three months the prescribed authority shall authorise the recovery of the arrears of taxes as arrears of land revenue.
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4. Subs. by U.P. Act No. 9 of 1994.
5. Subs. by U.P. Act No. 9 of 1994.
6. Subs. by U.P. Act No. 9 of 1994.
(1) The State Government may remit the whole or part of any tax, rate or fee levied by a 7[Gram Panchayat] in respect of a period whether before or after the commencement of the U.P. Panchayat Raj (Amendment) Act, 1954.
(2) The power exercisable by the State Government under sub-section (1) shall also be exercisable either generally or in any specified area by the prescribed authority under such circumstances as the State Government may prescribe.
(3) A 8[Gram Panchayat] also may by resolution and under such circumstances as may be prescribed remit the whole or part of any such tax, rate or fee imposed or levied by it, provided that no such resolution shall take effect unless it is approved by the prescribed authority.
(4) Where any tax, rate or fee has been remitted under sub-section (1) to (
The 2[Gram Panchayat] shall, as prescribed, arrange for the realisation of Panchayat taxes and dues, custody of its funds and maintenance of accounts.
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2. Subs. by U.P. Act No. 9 of 1994.
(1) The expenses of Nyaya Panchayat shall be charged to the Gaon Fund or Gaon Funds of the 3[Gram Panchayats] comprised in the circle in such proportion as may be determined by the prescribed authority.
(2) All sums realised by way of court-fees or fines in a case triable under this Act shall be credited to the State Government, but the State Government shall out of the sums so realised pay by way of grant such portion not exceeding fifty per centum as it may fix to the 4[Gram Panchayat] concerned for defraying the expenses of Nyaya Panchayat.
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3. Subs. by U.P. Act No.9 of 1994.
4. Subs. by U.P. Act No.9 of 1994.
The accounts of every 5[Gram Panchayat] and Nyaya Panchayat shall be audited 6[every year] in such manner and on payment of such fee as may be prescribed.
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5. Subs. by U.P. Act No. 9 of 1994.
6. Subs. by U.P. Act No. 9 of 1994.
Every Gram Panchayat shall, within such period and in such manner as may be prescribed, prepare a statement of the estimated receipts and expenditure of the Gram Panchayat for the financial year commencing on the first day of April next following which shall be passed by the Gram Panchayat by a simple majority of the members present and voting at a meeting of the Gram Panchayat and the quorum for such a meeting shall be more than half of the total number of the members of the Gram Panchayat].
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7. Subs. by U.P. Act No. 9 of 1994.
(1) The State Government or the prescribed authority shall divide a district into circles, each circle comprising as many areas subject to the jurisdiction of the 8[Gram Panchayat] as may be expedient, and establish a Nyaya Panchayat for each such circle:
Provided that the areas of 1[Gram Panchayats] within each circle shall, as far as possible, be continuous.
(2) Subject to a minimum of ten and a maximum of twenty-five, every Nyaya Panchayat shall have such number of members as may be prescribed, but it shall be lawful for a Nyaya Panchayat to function notwithstanding any vacancy therein :
Provided the number of Panches therein is not less than two-thirds of the prescribed strength.
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&nb
(1) There shall be appointed by the prescribed authority out of the members of a 2[Gram Panchayat] such number of persons, as may be prescribed to the Panches of the Nyaya Panchayat and thereupon the members so appointed shall cease to be members of the Gram Panchayat and their seats in the Gram Panchayat shall be filled, as far as may be, in the manner provided in Section 12 :
3[Provided that if the requisite number of members of a 4[Gram Panchayat] are not available for being Panches of the Nyaya Panchayat it shall be lawful for the prescribed authority to fill in any seat so remaining vacant by nomination from amongst other members of the 5[Gram Sabha].]
(2) No person may be appointed as a Panch of the Nyaya Panchayat unless he has the qualifications that may be prescribed:
Provided that wh
The Panches appointed under Section 43 shall, in the manner and within the period to be prescribed, elect from amongst them two persons who are able to record proceedings, one as the Sarpanch and the other as the Sahayak Sarpanch :
Provided that if the Panches fail to elect the Sarpanch or the Sahayak Sarpanch as aforesaid the prescribed authority may appoint the Sarpanch or the Sahayak Sarpanch].
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6. Subs. by U.P. Act No. 2 of 1955.
The term of every Panch of a Nyaya Panchayat shall commence on the date of his appointment as such, and, unless otherwise determined under the provisions of this Act, shall expire with the term of the 7[Gram Panchayat], from which he was appointed:
Provided that the Sarpanch and the Sahayak Sarpanch shall continue in office until their respective successors are elected or appointed.
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7. Subs. by U.P. Act No. 9 of 1994.
1[* * *]
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1. Deleted by U.P. Act No. 2 of 1955.
A Panch, a Sarpanch or Sahayak Sarpanch may resign his office as such by writing under his hand addressed to such authority as may be prescribed and his office thereupon become vacant.
2[* * *]
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2. Deleted by U.P. Act No. 2 of 1955.
(1) The Sarpanch shall form Benches consisting of five panches each for the disposal of cases and inquiries coming up before the Nyaya Panchayat.
(2) The formation of Benches, the period for which they will work including the hearing of part heard cases, the method of distribution, transfer or re-transfer of work among the Benches and procedure generally to be followed by them in cases and enquiries shall be governed by rules.
(3) No Panch, Sarpanch or Sahayak Sarpanch shall take part in the trial of or inquiry in any case to which he or any near relation, employer, employee, debtor, creditor or partner of his is a party or in which any of them is personally interested.
(4) Notwithstanding anything contained in this section, the State Government may prescribe the constitution of Special Benche
(1) If a vacancy in the office of a Panch arises by reason of his death, removal or resignation it shall, subject to the provisions of Section 45, be filled for the unexpired part of his term by the prescribed authority by appointing a person from amongst the members for the time being of the 3[Gram Panchayat], and if the Panch vacating the office was also the Sarpanch or Sahayak Sarpanch a new Sarpanch or Sahayak Sarpanch, as the case may be, shall be elected in the manner provided in Section 44.
(2) Any person appointed as Panch under sub-section (1), shall cease to be a member of the 4[Gram Panchayat] from the date of his appointment and the vacancy so caused in the 1[Gram Panchayat] shall be deemed to be a casual vacancy for purpose of Section 12-H.
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3. Subs. b
The Sahayak Sarpanch shall exercise such powers of the Sarpanch as may be prescribed].
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2. Ins. by U.P. Act No. 2 of 1955.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) every criminal case triable by a Nyaya Panchayat shall be instituted before the Sarpanch of the Nyaya Panchayat of the circle in which the offence is committed].
(2) Notwithstanding anything contained in the Civil Procedure Code, 1908 (Act No. 5 of 1908), every civil case instituted under this Act shall be instituted before the Sarpanch of the Nyaya Panchayat of the circle in which the defendant or, where there are more than one, all the defendants ordinarily reside or carryon business at the time of the institution of the civil case irrespective of the place where the cause of action arose.
4[* * *]
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3. Subs. by U.P. Act N
(1) The following offences as well as abetments of and attempts to commit such offences, if committed within the jurisdiction of a Nyaya Panchayat, shall be cognizable by such Nyaya Panchayat -
(a) offences under Sections 140, 160, 172, 174, 179, 269, 277, 283, 285, 289, 290, 294, 323, 334, 341, 352, 357, 358, 374, 379, 403, 411 (where the value of the stolen or misappropriated property in criminal cases under Sections 379, 403 and 411 does not exceed fifty rupees), 426, 428, 430, 431, 447, 448, 504, 506, 509 and 510 of the Indian Penal Code, 1860 (Act No. 45 of 1860);
(b) offences under Sections 24 and 26 of the Cattle Trespass Act, 1871 (Act No.1 of 1871);
(c) offences under sub-section (1) of Section 10 of the U.P. District Board Primary Education Act, 1926;
(1) Wherever the Sarpanch of a Nyaya Panchayat has reason to apprehend that any person is likely to commit a breach of peace or disturb public tranquility he may call upon such person to show cause why he should not execute a bond for an amount not exceeding Rs. 100 with or without sureties for keeping the peace for a period not exceeding 15 days.
(2) The Sarpanch, shall after issue of such notice refer the matter to a Bench. The Bench may either confirm the order or discharge the notice after hearing such person and such witnesses as he may desire to produce.
(3) If the person required to execute a bond as aforesaid under sub-section (2) fails to do so, he shall be liable to pay a penalty upto five rupees as the Bench may fix for every day the default continues during the period fixed in the order.
(1) No Nyaya Panchayat shall inflict a substantive sentence of imprisonment.
(2) A Nyaya Panchayat may impose a fine not exceeding 1[two hundred and fifty rupees] but no imprisonment may be awarded in default of payment:
Provided that no accused shall be tried for more than three offences in the same criminal case and the fine that may be imposed on anyone accused in a criminal case shall not in the aggregate exceed 2[two hundred and fifty rupees].
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1. Subs. by U.P. Act No. 37 of 1978.
2. Subs. by U.P. Act No. 37 of 1978.
(1) After a Nyaya Panchayat has been established for any area, no Court except as otherwise provided in this Act shall take cognizance of any case triable by such Nyaya Panchayat.
(2) When a Nayay Panchayat is suspended, superseded or dissolved under Section 95, or for any other reason ceases to function, all cases pending before it shall stand transferred to the Court of competent jurisdiction which shall dispose them of according to law:
Provided that the trial of all such cases in Court shall commence de novo:
Provided further that a Nyaya Panchayat shall not be deemed to cease to function merely for the reason that its Panches have to be re-elected.
(3) Notwithstanding anything contained in Section 52 and sub-section (Act No. 45 of 1860) (1) of
A Court if it finds that a case is triable by a Nyaya Panchayat shall except as provided in sub-section (4) of Section 55 transfer the case to the Nyaya Panchayat of competent jurisdiction, which shall thereafter try the same de novo.
A Nyaya Panchayat may dismiss any complaint if after examining the complainant and taking such evidence as he produces it is satisfied that the complaint is frivolous, vexatious or untrue.
If at any time it appears to a Nyaya Panchayat -
(a) that it has no jurisdiction to try any case pending before it;
(b) that the offence involved is one for which it cannot award adequate punishment; or
(c) that the case should otherwise be tried by a Court,
it shall transfer the same to the Court of competent jurisdiction and shall give information of such transfer to the parties concerned.
No Nyaya Panchayat shall take cognizance of any criminal case against a person where such person-
(a) has been previously convicted of an offence punishable with imprisonment of either description for a term of three years or more;
(b) has been previously fined for theft by any Nyaya Panchayat;
(c) has been found over to be of a good behaviour under Section 109 or 110 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974)
(d) has been previously convicted under the Public Gambling Act, 1867 (Act No. 3 of 1867); or
(e) is a public servant.
In imposing any fine the Nyaya Panchayat may order any portion or the whole of the fine recovered to be applied-
(a) in defraying the expenses properly incurred in the criminal case by the complainant;
(b) in the payment to any person of compensation for any material loss or injury caused by the offence; or
(c) in compensation any bona fide purchaser of stolen property for loss of the same, where property is restored to the possession of the person entitled thereto.
(1) If in any criminal case instituted before a Nyaya Panchayat any person is accused of any offence triable by a Nyaya Panchayat and the Nyaya Panchayat acquits the accused and is of the opinion that the accusation against him was false and either frivolous or vexatious, the Nyaya Panchayat may, call upon the complainant forthwith to show cause why he should not pay compensation to such accused.
(2) If after hearing the complainant, the Nyaya Panchayat is satisfied that the accusation was false and either frivolous or vexatious, it may direct that compensation not exceeding twenty-five rupees be paid by such complainant to the accused.
The powers under Section 4 of the U.P. First Offenders Probation Act, 1938 (Act No. 6 of 1938), may be exercised by a Nyaya Panchayat.
Notwithstanding anything in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) a Magistrate may direct an enquiry referred to in Section 202 of the Code to be made by a Nyaya Panchayat in a criminal case in which the offence was committed within the territorial jurisdiction of such Nyaya Panchayat and the Nyaya Panchayat shall enquire into the case and submit its report to the said Magistrate. On the receipt of the directions the Sarpanch or Sahayak Sarpanch and in their absence the Panch mentioned in Section 75, shall entrust it to a Bench formed under Section 49.
(1) Subject to the provisions of Section 66 a Nyaya Panchayat may take cognizance of any civil case of the following description if its value does not exceed one hundred rupees-
(a) a civil case for money due on contract, other than a contract in respect of immovable property;
(b) a civil case for the recovery of movable property or for the value thereof;
(c) a civil case for compensation for wrongfully taking or injuring a movable property; and
(d) a civil case for damages caused by cattle trespass.
(2) The State Government may, by notification, in the Official Gazette, direct that the jurisdiction of any Nyaya Panchayat shall extend to all such civil cases of the value not exceeding five hundred rupees.
1[* * *].
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1. Deleted by U.P. Act No. 2 of 1955.
Subject to the provisions of Section 64, a Nyaya Panchayat, shall have no jurisdiction to take cognizance of the following civil cases-
(1) a civil case for a balance due on partnership account, except where the balance has been struck by the parties or their agents;
(2) a civil case, for a share or part of a share under an intestacy or for a legacy or part of a legacy under a Will;
(3) a civil case by or against the State Government or the Central Government or a public servant for acts done in his official capacity;
(4) a civil case by or against a minor or a person of unsound mind; and
(5) a civil case the cognizance of which by a Panchayat established under the U.P. Village Panchayat Act, 1920, is bar
(1) Every civil case instituted before a Nyaya Panchayat shall include the whole of the claim, which the plaintiff is entitled to make in respect of the matter in dispute, but he may relinquish any portion of his claim in order to bring the civil case within the jurisdiction of the Nyaya Panchayat.
(2) If a plaintiff omits to sue in respect of or relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.
Every civil case instituted before a Nyaya Panchayat after the period of limitation prescribed therefor in the Schedule shall be dismissed, even though limitation has not been set up as defence:
Provided that in computing the period of limitation prescribed for any civil case the time during which the plaintiff has been prosecuting with due diligence another civil case against the defendant in any Court shall be excluded where the other case is founded upon the same cause of action and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature is unable to entertain it.
(1) The decision of a Nyaya Panchayat on the question of the title, legal character, contract or obligation shall not bind the parties except in respect of the civil case in which such matter is decided.
(2) No conviction ordered by a Nyaya Panchayat shall by itself operate as, or be the basis of any disqualification or penalty under any law for the time being in force.
[* * *]
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1. Sections 70, 71 and 72 deleted by U.P. Act No. 2 of 1955.
[***]
[* * *]]
(1) No Nyaya Panchayat shall try any civil case, revenue case or issue in respect of any matter which is pending for decision in, or has been heard or decided by a Court of competent jurisdiction in a former civil case between the same parties or between the parties under whom they or any of them claim.
(2) Where a criminal case is pending in any Court against an accused in respect of any offence, or where an accused has been tried for any offence, no Nyaya Panchayat shall take cognizance of any such offence or on the same facts, of any other offence of which the accused might have been charged or convicted.
Where a 2[criminal or civil case] is maintainable in more than one Nyaya Panchayat, the complainant or the plaintiff as the case may be, may bring the criminal or civil case in anyone of such Nyaya Panchayat. Any dispute regarding jurisdiction shall be decided by the Judicial Magistrate or Munsif having jurisdiction, as the case may be.
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2. Subs. by U.P. Act No. 37 of 1978.
Section 10 of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), shall apply to trial of 4[* * *] civil cases pending before two or more Nyaya Panchayats having jurisdiction.
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3. The words "or revenue case" omitted by U.P. Act No. 37 of 1978.
4. The words "revenue cases and" omitted by Act No. 37 of 1978.
Where it is uncertain in which of several circles an offence was committed or where an offence was committed partly in one circle and partly in another or where an offence is a continuing one and continues to be committed in more circles than one or where it consists of several acts done in different circles, it may be enquired into by a Nyaya Panchayat, having jurisdiction in any such circle.
(1) Any person who wishes to institute 1[a civil case or a criminal case] under this Act before a Nyaya Panchayat may make an application orally or in writing to the Sarpanch and in his absence to the Sahayak Sarpanch of the Nyaya Panchayat or in the case of their absence from the circle to such other Panch as may have been appointed by the Sarpanch in this behalf and shall at the same time pay the prescribed fee. The Court Fees Act, 1870, (Act No. 7 of 1870) shall not apply to Nyaya Panchayats except as may be prescribed. In every civil case the plaintiff shall state its value.
(2) Where a case is instituted orally, the Sarpanch, Sahayak Sarpanch or Panch receiving the application shall record without delay the prescribed particulars and the signature or thumb-impression of the applicant shall be taken thereon.
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The Sarpanch, Sahayak Sarpanch or in their absence the Panch mentioned in Section 75, shall thereupon lay the application before a Bench of the Nyaya Panchayat formed under Section 49 for disposal and shall also fix a date for the first hearing of the application before the said Bench and give notice of the date to the applicant, complainant or plaintiff, as the case may be and to the members of the Bench.
The Bench shall choose one of the members to be the Chairman of that Bench who shall conduct the proceedings:
Provided that where the Sarpanch or the Sahayak Sarpanch is a member of the Bench, he, and where both of them are members of the same Bench, the Sarpanch shall be the Chairman.
(1) If any Panch appointed to a Bench constituted under Section 49 is absent at any hearing, the remaining Panches may, notwithstanding anything contained in this Act, try the 2[criminal case or civil case] :
Provided, however, that at least three Panches, including the Chairman, are present, and provided further that at least one of the Panches present is able to record evidence and proceedings.
(2) No trial as aforesaid shall be invalid by reason merely that all the five Panches forming the Bench were not present at any hearing or that the same Panches were not present at all the hearings.
(3) The provisions of sub-sections (1) and (2) shall mutatis mutandis apply to an inquiry made by a Nyaya Panchayat under Section 63.
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1[(1) If the plaintiff or the complainant, as the case may be, fails to appear after having been informed of the time and place fixed for hearing, the Nyaya Panchayat may dismiss the case or pass such other order as it may deem fit.]
(2) The Nyaya Panchayat may hear and decide a civil or a criminal case, in the absence of the defendant or the accused, as the case may be if the summons have been served upon him or if he has been informed of the time and place fixed for hearing.
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1. Subs. by U.P. Act No. 37 of 1978.
(1) Except as provided in sub-section (2), or to correct a clerical error, a Nyaya Panchayat shall have no power to cancel, revise or alter any decree or order passed by it.
(2) A Nyaya Panchayat may, for sufficient reasons to be recorded, on application made within one month of the date of the decree or order or knowledge thereof incase personal service of summons has not been effected restore any 2[civil or criminal case] which has been dismissed in default or in which a decree or order has been passed ex-parte.
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2. Subs. by U.P. Act No. 37 of 1978.
No legal practitioner shall appear, plead or act on behalf of any party before a Nyaya Panchayat :
Provided that a person who is arrested and is detained in custody shall have the right to consult and be defended by a legal practitioner of his choice.
Subject to the provisions of Section 80, any party to a 3[civil case or criminal case] may appear before a Nyaya Panchayat either in person or by such servant (not being a tout), partner, relation or friend duly authorised in writing by him as the Nyaya Panchayat may admit as a fit person to represent him:
Provided that no stamp duty shall be required to be paid for any power of attorney filed under this section.
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3. Subs. by U.P. Act No. 37 of 1978.
Notwithstanding anything contained in this Act or in any other law for the time being in force, it shall be lawful for a Nyaya Panchayat to decide any dispute arising in its local area and not pending in any Court in accordance with any settlement, compromise or oath agreed upon in writing by the parties.
(1) The Nyaya Panchayat shall receive such evidence in a civil case or criminal case as the parties may adduce and may call for such further evidence as, in their opinion, may be necessary for the determination of the points in issue. It shall be the duty of the Nyaya Panchayat to ascertain the facts of every 1[civil case or criminal case] before it by every lawful means in its power and thereafter to make such decree or order, with or without costs, as to it may seem just and legal. It may make local investigation in the locality to which the dispute relates. It shall follow the procedure prescribed by or under this Act. The Code of Civil Procedure, 1908 (Act No. 5 of 1908), the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), the Indian Evidence Act, 1872 (Act No. 1 of 1872), and the Limitation Act, 1963 (Act No. 36 of 1963), shall not apply to any 2[civil case or criminal case] in a Nyaya Panchayat except as provided
In the event of any disagreement between the Panches the opinion of the majority shall prevail.
(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard or on his own motion without such notice the Judicial Magistrate or the Munsif, according to the case pending before a Nyaya Panchayat is a 1[criminal or civil case] may, at any stage, withdraw the same and-
(i) try to dispose of the same, or
(ii) transfer it to another Bench of the Nyaya Panchayat, or
(iii) transfer the same for trial or disposal to any other 2[Magistrate or Munsif] competent to try or dispose of the case.
(2) Where any criminal or civil case has been withdrawn under sub-section (1), the Court, which thereafter tries it, may either retry it or proceed from the stage at which it was withdrawn.
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A Nyaya Panchayat may, if it considers the evidence of, or the production of a document by, any person necessary in a 4[civil or criminal case] issue and cause to be served in the prescribed manner, a summons on such person to compel his attendance or to produce or cause the production of such documents, and such person shall be bound to comply with the direction contained in the summons.
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4. Subs. by U.P. Act No. 37 of 1978.
If any person who is summoned by a Nyaya Panchayat by a written order to appear to give evidence or to produce any document before it, wilfully disobeys such summons or notice or order, the Nyaya Panchayat may make a complaint to the Magistrate having jurisdiction and the said person shall be punishable with fine which may extend to twenty-five rupees:
Provided that no woman shall be compelled to appear in person before the Nyaya Panchayat. She may be examined on commission in the manner prescribed:
Provided also that if a document is produced in obedience to a summons issued under this section, the Nyaya Panchayat shall cause the document to be copied, mark the copy after comparing with the original, to be a true copy and return the original document to the person producing the same :
Provide
A Nyaya Panchayat may dismiss any civil 1[* * *] case if after examining the plaintiff or the applicant it is satisfied that the civil 2[* * *] case is frivolous, vexatious or untrue.
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1. The word "or revenue" omitted by U.P. Act No. 37 of 1978.
2. The word "or revenue" omitted by U.P. Act No. 37 of 1978.
(1) A Judicial Magistrate or Munsif according as it is a criminal or civil case may either on his own motion or on the application of any party made within 60 days from the date of the order complained of or where personal service of summons had not been effected on the applicant from the date of the knowledge of the order call for the record of any case which has been decided by a Nyaya Panchayat and if it appears to him that injustice or material irregularity has occurred, he may make such order in the case as he thinks fit.
Explanation.-Failure to exercise a jurisdiction vested by law or exercise of jurisdiction in excess of that vested by law shall for purposes of this section be deemed to be a material irregularity.
(2) Without prejudice to the generality of the foregoing provisions, the Judicial Magistrate or Munsif, as the case ma
A Nyaya Panchayat after an application is made under Section 75 shall, unless it has been dismissed or otherwise disposed of under the provisions of this Act, cause summons in the prescribed form to be served in the prescribed manner on the defendant or the accused person 1[* * *] requiring him to attend and produce his evidence at such time and place as may be stated in the summons and shall at the same time direct the plaintiff or complainant 2[* * *] to attend and produce his evidence at such time and place.
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1. The words "or an opposite party" omitted by U.P. Act No. 37 of 1978.
2. The words "or an applicant" omitted by U.P. Act No. 37 of 1978.
3[* * *]
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3. Deleted by U.P. Act No.2 of 1955.
If on the application of the decree-holder or the judgment debtor, the Nyaya Panchayat which passed the decree finds, after enquiry that the decree has been satisfied wholly or in part, the Nyaya Panchayat shall record the fact in the prescribed register.
(1) A decree or order passed by a Nyaya Panchayat shall be executed by it in such manner as may be prescribed. If the property of the defendant 4[* * *] is situated outside the jurisdiction of the Nyaya Panchayat passing the decree or order, it may, in the manner prescribed, transfer the decree or order for execution to the Nyaya Panchayat, within whose jurisdiction the property may be situated, and if there be no Nyaya Panchayat then to the Court of the Munsif as the case may be within whose jurisdiction it may be situated.
(2) If a Nyaya Panchayat finds any difficulty in executing a decree or order, it may forward the same to the 5[Munsif] who shall then execute the same as if it were a decree or order passed by him.
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4. The words "or opposite party" omitted by U
Any fine imposed, or compensation ordered to be paid under Section 61 by a Nyaya Panchayat shall be recoverable in the manner prescribed. But if the Nyaya Panchayat finds any difficulty in its recovery, it may request the Judicial Magistrate within whose jurisdiction the Nyaya Panchayat lies to recover it and he shall recover it as if the sentence of fine had been passed by him.
(1) If any person intentionally offers any insult to a Nyaya Panchayat or any member thereof, while it is sitting in any stage of judicial proceedings in its or his view or presence or refuses to take oath duly administered or sign a statement made by the said person when legally required to do so, the Nyaya Panchayat may at any time before rising on the same day take cognizance of the offence and sentence the offender to fine not exceeding 1[ten rupees].
(2) The fine imposed under sub-section (1), shall, for the purpose of Section 94, be deemed to be a fine imposed in a criminal case.
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1. The word "five rupees" subs. by U.P. Act No. 37 of 1978.
(1) The State Government may-
(a) cause to be inspected an immovable property 2[owned, used or occupied by a 3[Gram Panchayat], or a joint committee or a Nyaya Panchayat or any work in progress under the direction of such 4[Gram Panchayat] or Joint Committee or a Nyaya Panchayat;
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2. Subs. by U.P. Act No.9 of 1994.
3. Subs. by U.P. Act No.9 of 1994.
4. Subs. by U.P. Act No.9 of 1994.
(b) by an order in writing call for and inspect a book or document in the possession or under the control of a 5[Gram Panchayat] or a Joint Committee or a Nyaya Panchayat;
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(1) If at any time it appears to the State Government that a 1[Gram Sabha] or a 2[Gram Panchayat] has made default in performing a duty imposed on it by or under this or any other enactment, the State Government may by order in writing fix a period for the performance of that duty.
(2) If the duty is not performed within the period so fixed, the State Government may direct such authority as may be specified to perform it and may further direct that the expenses, if any, of performing the duty shall be paid from the 3[Gram Sabha] fund and thereupon the person having the custody of the fund shall pay the amount from such fund.
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1. Subs. by U.P. Act No.9 of 1994.
2. Subs. by U.P. Act No.9 of 1994.
(1) The prescribed authority or any other officer specially empowered in this behalf by the State Government on information received or on his own initiative, may, 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 4[Gram Sabha], 5[Gram Panchayat] or a Joint Committee, or any officer or servant thereof if in his opinion such resolution or order is of a nature as to cause or likely to cause obstruction, annoyance or injury to the public or to any class or body of persons lawfully employed, or danger to human life, health or safety, or riot or affray. It may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order.
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4. Subs. by U.P. Act No.9 of 1994.
&
The State Government may delegate all or any of its powers under this Act to any officer or authority subordinate to it subject to such conditions and restrictions as it may deem fit to impose.
Whoever contravenes any provision of this Act 5[except the provisions of Section 12-BCA or Section 12-BCC] shall be punishable, unless otherwise prescribed, with fine, which may extend to 6[five hundred rupees] and when the breach is a continuing one with a further fine which may extend to [fifty rupees]7 for every day after the first conviction during which an offender is proved to have persisted in the offence.
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5. Ins. by U.P. Act No. 29 of 1995.
6. Subs. by U.P. Act No.9 of 1994 for "ten rupees".
7. Subs. by U.P. Act No.9 of 1994 for "one rupee".
Whoever contravenes any order made under Section 12-BCA or Section 12-BCC, shall be punishable with imprisonment for a term, which may extend to one year, or with fine, or with both].
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8. Ins. by U.P. Act No. 29 of 1995.
In making a rule the State Government and in making a bye-law the 1[Gram Panchayat], with the sanction of prescribed authority, may direct, that a breach of it shall be punishable with fine which may extend to 2[five hundred rupees] and when the breach is a continuing one with a fine which may extend to 3[fifty rupees] for every day after the date of the first conviction during which the offender is proved to have persisted in the offence.
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1. Subs. by U.P. Act No.9 of 1994.
2. Subs. by U.P. Act No.9 of 1994 for "ten rupees".
3. Subs. by U.P. Act No.9 of 1994.
(1) Whoever removes, displaces or makes an alteration in or otherwise interference with any pavement, gutter or other material of a public street, or any fence, wall or post thereof, or a lamp-post or bracket, direction post, standpost, hydrant, or other such 5[property of the Gram Panchayat without its written sanction] or other lawful authority shall be punishable with fine which may extend to 6[one thousand rupees].
(2) If through any act, neglect, or default on his part, a person has incurred a penalty imposed by sub-section (1) and has caused any damage to the property of a 7[Gram Panchayat] the person incurring such penalty, shall be liable to make good such damages as well as to pay such penalty, and the damages may be recovered from the offender in the prescribed manner.
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If a notice has been given to a person under the provisions of this Act or of any rule or bye-law made thereunder to a person requiring him to execute a work in respect of any property, movable or immovable, public or private, or to provide or do or refrain from doing anything within a time specified in the notice, and such, person fails to comply with the notice, then-
(a) the 8[Gram Panchayat] may cause such work to be executed or such thing to be provided or done, and may recover all expenses incurred by it on such account from the said person in the prescribed manner as arrears of land revenue;
(b) such person shall also be liable on conviction before the Nyaya Panchayat, to a fine which may extend to 9[five hundred rupees] and in case of continuing breach to a further fine which may extend to 1[fifty rupees] for each day after the d
No notice shall be invalid on account of any defect or omission in its form.
(1) Any person aggrieved by an order or direction made by a 2[Gram Panchayat] under the Act or under any rule or bye-law may, unless otherwise prescribed, within 30 days from the date of such direction or order, exclusive of the time requisite for obtaining a copy thereof appeal to the prescribed authority which may vary, set aside or confirm the said order or direction and may also award costs to or against the person filing the appeal.
(2) The prescribed authority may, if it thinks fit, extend the period allowed by Sub-section (1) for appeal.
(3) The decision of the prescribed authority under sub-section (1) shall be final and shall not be questioned in any Court of law.
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2. Subs. by U.P. Act No. 9 of 1994.
When an appeal has been filed against an order or direction in Section 102 any proceeding to enforce such order or direction and any prosecution for the breach thereof may, by order of the prescribed authority, be suspended pending the decision of the appeal, and if such order or direction is set aside on appeal, disobedience thereof shall not be deemed to be an offence.
(1) Subject to any rule made in this behalf a 3[Gram Panchayat] may, either before or after the institution of any criminal case, compound an offence against this Act or any rule or bye-law made thereunder on payment of such sum in cash to the 4[Gram Panchayat] as may be prescribed.
(2) When an offence has been compounded the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.
All sums paid by way of composition under this section shall be credited to the Gaon Fund.
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3. Subs. by U.P. Act No. 9 of 1994.
4. Subs. by U.P. Act No. 9 of 1994.
The Pradhan of the 1[Gram Panchayat] and, if authorised in this behalf by the 2[Gram Panchayat], any other member, officer or servant of the 3[Gram Panchayat] may enter into or upon any building or land, with or without assistants or workmen, in order to make an inspection or surveyor to execute a work which a 4[Gram Panchayat] is authorised by this Act or by rules or bye-laws made thereunder, to make or execute, or which it is necessary for a 5[Gram Panchayat] for any of the purposes or in pursuance of any of the provisions of this Act or of rules or bye-laws, to make or execute:
Provided that-
(a) except when it is in this Act or rules or bye-laws otherwise expressly provided, no such entry shall be made between sunset and sunrise; and
(b) except when it is in this Act or in rules, or bye-la
(1) No suit or other legal proceeding shall be instituted against a 8[Gram Sabha] or 9[Gram Panchayat] or Bhumi Prabandhak Samiti or against a member or officer or servant thereof or of Nyaya Panchayat or against any person acting under the direction of any of these bodies or persons for anything done or purporting to have been done in official capacity under this Act, until the expiration of two months next after notice in writing has been, in the case of 1[Gram Sabha] or 2[Gram Panchayat] delivered in or left at the office of the 3[Gram Panchayat] concerned and in the case of a member, officer or servant of any person acting under his direction or the direction of the 4[Gram Sabha], 5[Gram Panchayat] or Nyaya Panchayat delivered to him or left at his office or place of abode, explicitly stating the cause of action, the nature of the reliefs sought, the amount of compensation, if any claimed and the name and place of abode o
(1) The provisions of the Judicial Officer's Protection Act, 1850, shall apply to the members of Nyaya Panchayat.
(2) No civil case or prosecution shall be entertained in any Court against a 7[Gram Panchayat] or any member or officer thereof or any person acting under its or his direction in respect of anything in good faith done or intended to be done under this Act or any rule or bye-laws made thereunder.
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6. Subs. by U.P. Act No. 9 of 1994.
7. Subs. by U.P. Act No. 9 of 1994.
Except as otherwise provided under this Act, a 8[Gram Sabha], 9[Gram Panchayat] or any committee thereof, shall have power to act, notwithstanding any vacancy in the membership or defect or irregularity in the enrolment of a member thereof, and any proceedings in any 10[Gram Sabha], 11[Gram Panchayat] or committee shall be valid notwithstanding that there was any defect or irregularity in the enrolment of any member or that some person, who was not entitled so to do, sat or voted or otherwise took part in the proceedings:
Provided, however, that at least two-thirds of the persons present at the time of the act being done were not disqualified to be members.
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8. Subs. by U.P. Act No. 9 of 1994.
9. Subs. by U.P. Act No. 9
Every police officer shall give immediate information to the 1[Gram Panchayat] of an offence coming to his knowledge which has been committed against this Act or any rule or bye-law made thereunder and shall assist all members and servants of the 2[Gram Panchayat] and Nyaya Panchayat in the exercise of their lawful authority.
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1. Subs. by U.P. Act No. 9 of 1994.
2. Subs. by U.P. Act No. 9 of 1994.
If any dispute arises as to the jurisdiction of a Nyaya Panchayat or between two or more 3[Gram Panchayats] or between a 4[Gram Panchayat] and the 5[Nagar Panchayat] or a 6[Municipality] or a 7[Zila Panchayat] it shall be referred to the prescribed authority whose decision shall be final and shall not be questioned in any Court of law.
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3. Subs. by U.P. Act No. 9 of 1994.
4. Subs. by U.P. Act No. 9 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 9 of 1994.
(1) Notwithstanding anything to the contrary contained in any other provisions of this Act-
(a) all records of a Gram Panchayat shall be in the custody of its secretary;
(b) the secretary shall give to a person, on an application and on payment of such fee as may be prescribed, a copy of any such records and certify it as a true copy under his signature and seal of the Gram Panchayat.
(2) A duly certified copy of any record of a Gram Panchayat shall be received as prima facie evidence of the existence of the record and shall be admitted as evidence of the matters therein recorded in every case, where and to the same extent as the original record would, if produced, have been admissible to prove such matters].
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(1) The State Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for-
(i) any matter for which power to make provision is conferred expressly or by implication on the State Government by this Act;
(ii) the establishment of 1[Gram Sabha] or Nyaya Panchayat or the constitution of 2[Gram Panchayat];
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1. Subs. by U.P. Act No. 9 of 1994.
2. Subs. by U.P. Act No. 9 of 1994.
(ii-a) qualifications for the 3[* * *];
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The prescribed authority may, and when required by the State Government, shall make byelaws for a 8[Gram Panchayat] within its jurisdiction consistent with the Act and the rules made thereunder for the purpose of promoting or maintaining the health, safety and convenience of persons residing within the jurisdiction of a 9[Gram Panchayat] and for furtherance of administration of 10[Gram Panchayats] under this Act.
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7. Subs. by U.P. Act No. 9 of 1994.
8. Subs. by U.P. Act No. 9 of 1994.
9. Subs. by U.P. Act No. 9 of 1994.
10. Subs. by U.P. Act No. 9 of 1994.
(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 12[Gram Panchayat] may frame byelaws-
(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 to public streets and 1[Gram Panchayat] property;
(d) to regulate sanitation, conservancy and drainage in the area of the 2[Gram Panchayats];
(e) to prohib
(1) 6[* * *].
7[(2) On and from the date of commencement of the U.P. Panchayat Laws (Amendment) Act, 1994, any reference to the "Gaon Sabha" or "Gaon Panchayat" in any rules, regulations, bye-laws, statutory instruments or any other law for the time being in force or in any document or proceedings shall be construed as a reference to the "Gram Panchayat"].
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6. Omitted by U.P. Act No. 21 of 1995.
7. Ins. by U.P. Act No. 9 of 1994.
(1) Where a vacancy occurs in any body constituted under this Act by reason of the death, resignation, removal or avoidance of the election of a member or other office-bearer and the term of office of that member or other office bearer would in the ordinary course of events have determined within six months of the occurrence of the vacancy, the prescribed authority may direct that the vacancy be left unfilled until the next general election under this Act.
(2) In the event of 1[vacancy in the offices of Pradhan] remaining unfilled by virtue of direction made under sub-section (1), the prescribed authority may, by order, make such arrangement as it thinks fit for discharge of the functions of the Pradhan till a Pradhan is elected.
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1. Subs. by U.P. Act No. 44 of 200
(1) On and from the date of commencement of the U.P. Panchayat Laws (Amendment) Act, 1994-
(a) all property, interest in property and assets, including cash balances, wherever situate, which immediately before such date were vested in the Gaon Sabha shall vest in and be held by the Gram Panchayat for the purposes of this Act; and
(b) all rights, liabilities and obligations of the aforesaid Gaon Sabha whether arising out of any contract or otherwise, existing immediately before such date, shall be the rights, liabilities and obligations of the Gram Panchayat.
(2) Where any doubt or dispute arises as to whether any property, interest or asset has vested in a Gram Panchayat under sub-section (1), or any right, liability or obligation has become the right, liability or obligation of a Gram Panchay
All sums due to the Gram Sabha, whether on account of any tax or any other account, shall be recoverable by the Gram Panchayat, and for the purpose of such recovery, it shall be competent for the Gram Panchayat to take any measure or institute any proceeding which it would have been open to the Gram Sabha to take or institute, if the U.P. Panchayat Laws (Amendment) Act, 1994 had not come into force.
(1) All debts and obligations incurred and all contracts made by or on behalf of the Gram Sabha before the date referred to in sub-section (1) of Section 115 and subsisting on the said date shall be deemed to have been incurred and made by the Gram Panchayat in exercise of the powers conferred on it by this Act and shall continue in operation accordingly.
(2) All proceedings pending before any authority of the said Gram Sabha on the said date, which under the provisions of this Act, are required to be instituted before or undertaken by the Gram Panchayat shall be transferred to and continued by the Gram Panchayat, and all other such proceedings shall, so far as may be, be transferred to and continued by such authority before or by whom they have to be instituted or undertaken under the provisions of this Act.
(3) All appeals pending befo
Notwithstanding anything in this Act, during the period between the commencement of the U.P. Panchayat Laws (Amendment) Act, 1994 and the constitution of the Gram Panchayat 1[for the first time under this Act as amended by the U.P. Panchayat Laws (Amendment) Act, 1994], the Gram Panchayat and its Pradhan, 2[* * *] and members shall respectively exercise, perform and discharge the powers, functions and duties of the Gram Panchayat and its Pradhan, 3[* * *] and members and shall be deemed respectively to be the Gram Panchayat and its Pradhan, 4[* * *] and members.
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1. Subs. by U.P. Act No. 21 of 1995.
2. The word "Up-Pradhan" omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).
3. The word "Up-Pradhan" omitted by U.P. Ac
(1) If any difficulty arises in giving effect to the provisions of this Act, or by reason of anything contained in this Act to any other enactment for the time being in force, the State Government may, as occasion requires, by notified order direct that this Act, shall have effect subject to such adaptations, whether by way of modification, addition or omission, as it may deem to be necessary and expedient.
(2) No order under sub-section (1) shall be made after the expiration of the period of two years from the commencement of the U.P. Panchayat Laws (Amendment) Act, 1994.
(3) The provisions made by any order under sub-section (1) shall have effect as if enacted in this Act and any such order may be made so as to be retrospective to any date not earlier than the date of commencement of the U.P. Panchayat Laws (Amendment) Act, 1994.
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