UPPR Act 95अध्याय VII · External Control

धारा 95 · Inspection

(1)

The State Government may -

(a)

cause to be inspected an immovable property owned [* * *] [Omitted by U.P. Act No. 9 of 1994.] used or occupied by a [Gram Panchayat] [Substituted by U.P. Act No. 9 of 1994.], or a joint committee [*] [Omitted 'or a Nyaya Panchayat' by U.P. Act No. 6 of 2017.] or any work in progress under the direction of such [Gram Panchayat] [Substituted by U.P. Act No. 9 of l994.] or Joint Committee [*] [Omitted 'or a Nyaya Panchayat' by U.P. Act No. 6 of 2017.];

(b)

by an order in writing call for and inspect a book or document in the possession or under the control of a [Gram Panchayat] [Substituted by U.P Act No. 9 of 1994.] or a Joint Committee [***] [Omitted 'or a Nyaya Panchayat' by U.P. Act No. 6 of 2017.];

(c)

by an order in writing require a [Gram Panchayat] [Substituted by U.P Act No. 9 of 1994.] or a Joint Committee [*] [Omitted 'or a Nyaya Panchayat' by U.P. Act No. 6 of 2017.] to furnish such statement, reports or copies of documents, relating to the proceeding or duties of the [Gram Panchayat] [Substituted by U.P Act No. 9 of 1994.] or such committee [*] [Omitted 'or a Nyaya Panchayat' by U.P. Act No. 6 of 2017.] as it thinks fit;

(d)

record in writing for the consideration of a [Gram Panchayat] [Substituted by U.P. Act No. 9 of 1994.] or Joint Committee any observation which it thinks proper in regard to the proceedings or duties of such Gram Panchayat or Joint Committee;

(e)

institute any enquiry in respect of any matter relating to [Gram Sabha] [Substituted by U.P Act No. 9 of 1994.], [Gram Panchayat] [Substituted by U.P. Act No. 9 of 1994.] [***] [Omitted 'or Nyaya Panchayat' by U.P. Act No. 6 of 2017.]; and

(f)

[* * *] [Omitted by U.P Act No. 9 of 1994.] or dissolve any [* * *] [Omitted by U.P Act No. 9 of 1994.] [Gram Panchayat] [Substituted by U.P. Act No. 9 of 1994.], Joint Committee, Bhumi Prabandhak Samiti [*] [Omitted 'or Nyaya Panchayat' by U.P. Act No. 6 of 2017.] if in the opinion of the State Government such [* * *] [Omitted by U.P. Act No. 9 of 1994.], [Gram Panchayat] [Substituted by U.P. Act No. 9 of 1994.], Joint Committee, Bhumi Prabandhak Samiti [*] [Omitted 'or Nyaya Panchayat' by U.P. Act No. 6 of 2017.] has abused its position or has continuously failed to perform the duties imposed upon it by or under this Act or if its continuance is not considered desirable in public interest.

Explanation. - [* * *] [Omitted by U.P. Act 9 of 1994.];

(g)

[Remove a Pradhan, [* * *] [Substituted by U.P. Act No. 9 of 1994.] or member of a Gram Panchayat] or a Joint Committee or Bhumi Prabandhak Samiti, [* * *] [Omitted by U.P. Act No. 9 of 1994.] [***] [Omitted 'or a Panch, Sahayak Sarpanch or Sarpanch of a Nyaya Panchayat' by U.P. Act No. 6 of 2017.] if he -

(i)absents himself without sufficient cause for more than three consecutive meetings or sittings,

(ii)refuses to Act or becomes incapable of acting for any reason whatsoever or if he is accused of or charged for an offence involving moral turpitude,

(iii)has abused his position as such or has persistently failed to perform the duties imposed by the Act or rules made thereunder or his continuance as such is not desirable in public interest, or

(iiia)[ has taken the benefit of reservation under sub-section (2) of Section11-A or sub-section (5) of Section 12, as the case may be, on the basis of a false declaration subscribed by him stating that he is a member of the Scheduled Castes, the Scheduled Tribes or the Backward Classes, as the case may be.] [Inserted by U.P. Act No. 21 of 1998.]

(iv)being a Sahayak Sarpanch or a Sarpanch of the Nyaya Panchayat takes active part in politics, or

(v)suffers from any of the disqualifications mentioned in clauses (a) to (m) of Section 5-A:

[Provided that where, in an enquiry held by such person and in such manner as may be prescribed, a Pradhan or [* * *] [Added by U.P. Act No. 9 of 1994.] is prima facie found to have committed financial and other irregularities such Pradhan or [* * *] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] shall cease to exercise and perform the financial and administrative powers and functions, which shall, until he is exonerated of the charges in the final enquiry, be exercised and performed by a Committee consisting of three members of Gram Panchayat appointed by the State Government.][[* * *] [Deleted by U.P. Act No. 9 of 1994.(gg)]

(h)

[* * *]]

Provided that -

(i)

no action shall be taken under clause (f), clause (g) [* * *] [Omitted by U.P. Act No. 9 of 1994.] except after giving to the body or person concerned a reasonable opportunity of showing cause against the action proposed;

(ii)

[* * *] [Deleted by U.P. Act No. 9 of 1994.]

(2)

A person removed under sub-clauses (in) and (iv) of clause (g) of subsection (1) of this section shall not be entitled to be re-elected or re-appointed to any office under this Act for a period of five years or such lesser period as the State Government may order in any case.

(3)

No order made by the State Government under this section shall be called in question in any Court.

(4)

Where any [* * *] [Deleted by U.P. Act No. 9 of 1994.], [Gram Panchayat] [Substituted by U.P. Act No. 9 of 1994.], Joint committee or Bhumi Prabandhak Samiti is [dissolved] [Substituted by U.P. Act No. 9 of 1994.] the State Government may appoint such person or persons to exercise and perform the powers and duties thereof as it may deem fit.

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