UPPR Act 11EChapter III · The [Gram Sabha] [Substituted by U.P. Act No. 9 of 1994.]: Its Meetings And Functions

Section 11E · Further bar on holding two offices simultaneously

(1)

A person shall be disqualified for being elected to or holding the office of Pradhan or member of Gram Panchayat [***] [Omitted 'or Panch of a Nyaya Panchayat' by U.P. Act No. 6 of 2017.], if he is -

(a)

member of Parliament or State Legislature, or

(b)

[ member, Pramukh or Up-Pramukh of a Kshettra Panchayat; or [Substituted by U.P. Act No. 29 of 1995.]

(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 [***] [Omitted 'or Panch of a Nyaya Panchayat' by U.P. Act No. 6 of 2017.] , 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 vacancy shall thereupon occur in the office of such Pradhan or member or Panch, as the case may be.

(3)

[ Notwithstanding anything in this Act, if in the first elections held after the commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994 to constitute Panchayats at the village, khand and district levels, a person is chosen member of Panchayats at two or more levels, he shall submit his resignation from all but one of these seats within sixty days of the date of the declaration of the results of elections, or if the declaration of the results of elections in respect of the Panchayat at the said two or more levels has been made on different dates, within sixty days of the last of such dates and in the event of failure to so resign seats in all the Panchayats except the seat in the highest level amongst the Panchayats to which he has been elected shall be deemed vacant.] [Inserted by U.P. Act No. 29 of 1995.][11F. Declaration of Panchayat area. - (1) The State Government may, by notification, declare any area comprising a village or group of villages, having, so far as practicable, a population of one thousand, to be a Panchayat area for the purposes of this Act by such name as may be specified :Provided that for the purposes of declaration of a Panchayat area no revenue village or any hamlet thereof shall be divided :[Provided further that in the hill districts of Nainital, Almora, Pithoragarh, Tehri, Pauri, Dehradun, Chamoli or Uttarkashi, the State Government may declare the area of a Gaon Sabha established under Section 3 of this Act as it stood before the commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994, to be a Panchayat area though such area may have a population of less than one thousand.] [Inserted by U.P. Act No. 9 of 1994.]

(2)The State Government may, on the request of the Gram Panchayat concerned or otherwise, and after previous publication of the proposal, by notification at any time -

(a)modify the area of any Panchayat area by including therein or excluding therefrom any area of a village or group of villages;

(b)alter the name of the Panchayat area; or

(c)declare that any area shall cease to be a Panchayat area.]

[Uttarakhand] [The word 'Uttaranchal' Substituted by Section 3 of Act No. 52 of 2006 (w.e.f. 1.1.2007).] Amendment[11F. Declaration of Panchayat Area. - (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 purpose 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 purpose of declaration of 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.

(2)The State Government may, on the request of the Gram Panchayat concerned or otherwise, and after previous publication of the proposal, by notification at any time-

(a)modify the area of any Panchayat area by including therein or excluding therefrom any area of a village or group of villages;

(d)alter the name of the Panchayat area; or

(c)declare that any area shall cease to be a Panchayat area.]

[12. Gram Panchayat. - (1)(a) There shall be [constituted] [Substituted by U.P. Act 9 of 1994.] for every Panchayat area, a Gram Panchayat bearing the name of the Panchayat area.

(b)Every Gram Panchayat shall be a body corporate.

(c)A Gram Panchayat shall consist of a Pradhan and, in the case of a Panchayat area having a population of -

(i)[upto one thousand] [Substituted by U.P Act No. 21 of 1995.] 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 into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area.

(e)Each territorial constituency of a Gram Panchayat shall be represented by one member in the Gram Panchayat.

(f)[ The territorial constituencies of a Gram Panchayat may be delimitated in the prescribed manner and, if necessary, rules in this regard may be made with retrospective effect from a date not earlier than the date of commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994.] [Inserted by U.P. Act No. 21 of 1995.]

(2)[ * * *] [Deleted by U.P. Act No. 21 of 1995.]

(3)

(a)A Gram Panchayat shall, unless sooner dissolved under Clause (f) of sub-section (1) of Section 95, continue for five years from the date appointed for its first meeting and no longer.

(b)An election to constitute a Gram Panchayat shall be completed -

(i)before the expiry of its duration specified in Clause (a);

(ii)before the expiration of a period of six months from the date of its dissolution;

Provided that where the remainder of the period for which the dissolved Gram Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Gram Panchayat.

(c)A Gram Panchayat constituted upon the dissolution of a Gram Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Gram Panchayat would have continued under Clause (a) had it not been so dissolved.

(d)The constitution of a Gram Panchayat shall be notified in such manner as may be prescribed and thereupon the Gram Panchayat shall be deemed to have been duly constituted, any vacancy therein not withstanding:

Provided that the constitution of a Gram Panchayat shall not be so notified till the Pradhan and at least two-thirds of the members of the Gram Panchayat have been elected.

(3A)

[ Notwithstanding anything contained in any other provisions of this Act, where due to unavoidable circumstances or in public interest, it is not practicable to hold an election to constitute a Gram Panchayat before the expiry of its duration, the State Government or an officer authorised by it in this behalf may, by order, appoint 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 an Administrator and the members of the Administrative Committee or the Administrator shall hold office for such period not exceeding six months as may be specified in the said order and all powers, functions and duties of the Gram Panchayat, its Pradhan and Committees shall vest in and be excercised, performed and discharged by such Administrative Committee or the Administrator, as the case may be.] [Inserted by U.P. Act No. 22 of 2000.]

(4)

The term of a member of Gram Panchayat shall, unless otherwise determined under the provisions of this Act, expire with the term of the Gram Panchayat.

(5)

(a)

In every Gram Panchayat, seats shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and the number of seats so reserved shall, as nearly as may be, bear the same proportion to the total number of seats in the Gram Panchayat, as the population of the Scheduled Castes in the Panchayat area or of the Scheduled Tribes in the Panchayat area or of the Backward Classes in the Panchayat area bears to the total population of such area and such seats may be allotted by rotation to different territorial constituencies in a Gram Panchayat in such order as may be prescribed:

Provided that the reservation for the backward classes shall not exceed twenty-seven percent of the total number of seats in the Gram Panchayat:[Provided further that if the figures of population of the backward classes are not available, their population may be determined by carrying out a survey in the prescribed manner.] [Inserted by U.P. Act No. 21 of 1995.]

(b)

Not less than one-third of the seats reserved under Clause (a) shall be reserved for the women belonging respectively to the Scheduled Castes, the Scheduled Tribes and the Backward Classes.

(c)

Not less than one-third of the total number of seats in the Gram Panchayat, including the number of seats reserved for women under Clause (b), shall be reserved for women and such seats may be allotted by rotation to different territorial constituencies in a Gram Panchayat in such order as may be prescribed.

(d)

The reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.

Explanation. - It is clarified that nothing in this section shall prevent the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes and the women from contesting election to unreserved seats.

(6)

The Pradhan shall be deemed to be a member of the Gram Panchayat.] [Inserted by Uttarakhand Act No. 8 of 2002 (w.e.f. 19.06.2002).][Uttarakhand] [The word 'Uttaranchal' Substituted by Section 3 of Act No. 52 of 2006 (w.e.f. 1.1.2007).] Amendment

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