APPR Act 177अध्याय IV · Part IV – Constitution, Incorporation, Composition, Powers, Functions, Etc., of [Zilla Praja Parishad] [Substituted 'Zilla Parishads' by Act No. 41 of 2006, dated 23.9.2006.]

धारा 177 · Constitution, incorporation and composition of [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.]

(1)

There shall be constituted by the Government by notification a [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] for a District with effect from such date as may be specified therein.

(2)

Every [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] shall, by the name of the District for which it is constituted, be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may by its corporate name, sue and be sued.

(3)

Every [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] shall consist of the following members, namely:-

(i)

persons elected under Section 179;

(ii)

the Member of the Legislative Assembly of the State representing the constituency which comprises either wholly or partly the district concerned:

Provided that such Member of the Legislative Assembly shall have the right to speak in and otherwise to take part in the proceedings of a meeting of any Standing Committee of the [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] but he shall not be entitled to vote at a meeting of such Standing Committee, unless he is also a member of that Standing Committee:Provided further that no Member of the Legislative Assembly representing a constituency the whole of which forms part of the local area within the jurisdiction of any of the Municipal Corporations or any of the Municipalities in the State shall be the member of the [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] of the concerned district;[(ii-a) any Member of the Legislative Council of the State who is a Member of the Mandal Praja Parishad; [Inserted by Act No. 22 of 2007, dated 9.8.2007.]Provided that such Member of the Legislative Council of the State shall have the right to speak in, and otherwise to take part in the proceedings of a meeting of any standing committee of the zilla Praja Parishad, but he shall not be entitled to vote at a meeting of any standing committee, unless he is also a member of that standing committee.]

(iii)

The member of the House of People representing the constituency which comprises either wholly or partly the district concerned:

Provided that no Member of the House of the People representing a constituency the whole of which forms part of the local area within the jurisdiction of any of the Municipal Corporations in the State shall be the Member of the [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.]:Provided further that a Member of the House of the People representing a constituency which comprises more than one district including a portion of any district, shall be a member of the [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] of all such districts with the right to speak in, and otherwise to take part in the proceedings of their meetings with voting rights; he shall also have the right to speak in and otherwise to take part in the meetings of any Standing Committee of the [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] but he shall not be entitled to vote at a meeting of any Standing Committee unless he is also a member of that Standing Committee.

(iv)

the Member of the Council of States who is a registered voter in the district:

Provided that such Member of the Council of States shall have the right to speak in, and otherwise to take part in the proceedings of a meeting of any Standing Committee of the [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.], but he shall not be entitled to vote at a meeting of that Standing Committee, unless he is also a member of that Standing Committee;

(v)

two persons belonging to minorities to be co-opted in the prescribed manner by the members specified in clause (i) from among persons who are registered voters in the District and who are not less than 21 years of age.

(4)

No person shall be a Member in more than one of the categories specified in sub-Section (3). A person who is or becomes a Member of a [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] in more than one such category, shall, by notice in writing signed by him and delivered to the Chief Executive Authority, within fifteen days from the date of the first meeting of the [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] referred to in sub-Section (4) of Section 181, intimate in which one of the said categories he wishes to serve, and thereupon, he shall cease to be the member in the other category or categories. In default of such intimation within the aforesaid period, his membership in the [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] in the category acquired earlier shall, and his membership acquired later in the other category shall not, cease at the expiration of such period. The intimation given under this sub-Section shall be final and irrevocable.

(5)

No person other than a Member of the House of the People, shall be entitled to be a member of more than one [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] at a time.

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