THE UNITED PROVINCES PANCHAYAT RAJ ACT, 1947

PREAMBLE

What is the subject matter of the given text?

Enactment of an Act to establish and develop local self-government in rural areas of the United Provinces.

By which legislative body was the Act passed on June 5, 1947?

The United Provinces Legislative Assembly.

On what date was the Act passed by the United Provinces Legislative Assembly?

June 5, 1947.

By which legislative body was the Act passed on September 16, 1947?

The United Provinces Legislative Council.

On what date was the Act passed by the United Provinces Legislative Council?

September 16, 1947.

Whose assent was received for the Act?

The Governor General of the Dominion of India.

On what date did the Act receive assent?

December 7, 1947.

Under which provision was the assent granted?

Section 76 of the Government of India Act, 1935.

Where was the Act published after receiving assent?

In the United Provinces Government Gazette.

On what date was the Act published in the Gazette?

December 27, 1947.

What is the object of the Act?

To establish and develop local self-government in the rural areas of the United Provinces.

What additional purpose is stated in the preamble of the Act?

To make better provision for village administration and development.

What does the preamble declare as expedient?

Establishment and development of local self-government in rural areas of the United Provinces.

How does the enactment clause conclude the preamble?

It is hereby enacted as follows.

CHAPTER 1

PRELIMINARY

What is the subject matter of Section 1?

Short title, extent and commencement.

What is the short title of the Act?

The Uttar Pradesh Panchayat Raj Act, 1947.

To what area does the Act extend?

To the whole of the United Provinces.

Which areas are excluded from the extent of the Act?

Areas declared as or included in a city under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, municipality, notified area, cantonment or town area.

Under which Act are municipality and notified area exclusions governed?

The United Provinces Municipalities Act, 1916.

Under which Act are cantonment areas excluded?

The Cantonments Act, 1924.

Under which Act are town areas excluded?

The United Provinces Town Areas Act, 1914.

Does the Act apply to areas subsequently declared under the excluded categories?

No, it does not apply to areas which may hereafter be so declared or included.

What is the subject matter of Section 1(3)?

Commencement of the Act.

When shall the Act come into force?

It shall come into force at once.

What is the subject matter of Section 2?

Definitions.

What is meant by “adult” under Section 2(b)?

A person who has attained the age of twenty-one years.

What is meant by “backward classes” under Section 2(bb)?

The backward classes of citizens specified in Schedule-I of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994.

Who is the “Collector” or “District Magistrate” or “Sub-Divisional Magistrate” under Section 2(e)?

The Collector, District Magistrate or Sub-Divisional Magistrate of the district or sub-division in which such Gram Sabha is constituted and includes Additional Collector, Additional District Magistrate and Additional Sub-Divisional Magistrate respectively.

Who is an “Electoral Registration Officer” under Section 2(ee)?

An officer designated or nominated by the State Election Commission in consultation with the State Government for preparing and revising the electoral rolls in a district.

Who is an “Assistant Electoral Registration Officer” under Section 2(eee)?

A person appointed as such by the Electoral Registration Officer for one or more Panchayat areas.

What is meant by “Zila Panchayat” under Section 2(f)?

It shall have the meaning assigned under clause (II) of section 2 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961.

What is meant by “Gram Sabha” under Section 2(g)?

A body established under section 3 consisting of persons registered in the electoral rolls relating to a village comprised within the area of a Gram Panchayat.

What is meant by “Gram Panchayat” under Section 2(h)?

The Gram Panchayat established under section 12.

What is meant by “Finance Commission” under Section 2(hh)?

The Finance Commission constituted under Article 243-I of the Constitution.

What is meant by “Kshettra Panchayat” under Section 2(hhh)?

It shall have the meaning assigned under clause (6) of section 2 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961.

Who is an “Electoral Registration Officer” under Section 2(i)?

An officer nominated or designated under sub-section (1) of section 9.

What is meant by “State Election Commission” under Section 2(kk)?

The State Election Commission referred to in Article 243-K of the Constitution.

Who is “Mukhya Nirvachan Adhikari (Panchayat)” under Section 2(kkk)?

An officer of the State Government appointed, designated or nominated as such by the State Election Commission in consultation with the State Government.

What is meant by “population” under Section 2(l)?

The population as ascertained at the last preceding census of which the relevant figures have been published.

What is meant by “Panchayat area” under Section 2(ll)?

The territorial area of a Gram Panchayat declared as such under sub-section (1) of section 11-F.

What is meant by “Public property” and “public land” under Section 2(mm)?

Any public building, park, garden or other place to which for the time being the public have or are permitted to have access whether on payment or otherwise.

Who is a “public servant” under Section 2(n)?

A public servant as defined in section 2(28) of the Bharatiya Nyaya Sanhita, 2023.

What is meant by “public street” under Section 2(o)?

Any road, street, bridge, lane, square, court, alley or passage which the public has a right to pass along and includes drains or gutters on either side and land up to the defined boundary of any abutting property notwithstanding any projection of any verandah or other superstructure, but excludes such road, street, bridge, lane, square, court, alley or passage owned, maintained or repaired by the State Government, Central Government or any other local authority.

What is meant by “prescribed” under Section 2(p)?

Prescribed by this Act or rules made thereunder.

What is meant by “Prescribed authority” under Section 2(q)?

For provisions mentioned in Schedule III of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961, the Zila Panchayat or Kshettra Panchayat specified in column 3 of that Schedule, and for other provisions, the authority notified by the State Government generally or for any particular purpose.

Who is included within the expression “Sub-Divisional Officer” under Section 2(ss)?

Additional Sub-Divisional Officer designated or appointed as such by the appropriate authority.

What is meant by “village” under Section 2(t)?

Any local area recorded as a village in the revenue records of the district in which it is situated and includes any area declared by the State Government by general or special order to be a village for the purposes of this Act.

What is meant by “Bhumi Prabandhak Samiti” under Section 2(x)?

A Bhumi Prabandhak Samiti established or deemed to be established under section 28-A.

CHAPTER II

ESTABLISHMENT AND CONSTITUTION OF GRAM SABHAS

What is the subject matter of Section 3?

Gram Sabha.

Who establishes a Gram Sabha under Section 3(1)?

The State Government.

How is a Gram Sabha established under Section 3(1)?

By notification in the Official Gazette.

For what area may a Gram Sabha be established under Section 3(1)?

For a village or group of villages.

How is the name of a Gram Sabha determined under Section 3(1)?

By such name as may be specified in the notification.

How is the name of a Gram Sabha determined where it 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.

What is the effect of Section 3(3-A)?

It overrides other provisions of the Act.

Under what circumstances may an Administrative Committee or Administrator be appointed under Section 3(3-A)?

When due to unavoidable circumstances or in public interest it is not practicable to hold election to constitute a Gram Panchayat before expiry of its duration.

Who may appoint an Administrative Committee or Administrator under Section 3(3-A)?

The State Government or an officer authorised by it.

Who may constitute the Administrative Committee under Section 3(3-A)?

Persons qualified to be elected as members of the Gram Panchayat.

What is the maximum tenure of the Administrative Committee or Administrator under Section 3(3-A)?

A period not exceeding six months as specified in the order.

In whom shall the powers, functions and duties of the Gram Panchayat, its Pradhan and Committees vest under Section 3(3-A)?

In the Administrative Committee or the Administrator, as the case may be.

What powers may be exercised by the Administrative Committee or Administrator under Section 3(3-A)?

All powers, functions and duties of the Gram Panchayat, its Pradhan and Committees.

What is the subject matter of Section 4?

Omitted.

What is the status of Section 4?

Omitted by section 5 of U.P. Act No. 9 of 1994.

What is the subject matter of Section 5?

Omitted.

What is the status of Section 5?

Omitted by section 5 of U.P. Act No. 9 of 1994.

CHAPTER II-A

DISQUALIFICATIONS OF MEMBERS OF GRAM PANCHAYAT AND ELECTORAL ROLLS ETC

What is the subject matter of Section 5-A?

Disqualification for being chosen as and for being a member of a Gram Panchayat.

Under Section 5-A(a), when is a person disqualified for being chosen as or being a member of a Gram Panchayat?

When he is disqualified by or under any law for the time being in force for the purposes of elections to the State Legislature.

What is the exception to disqualification under the proviso to Section 5-A(a)?

A person shall not be disqualified on the ground of being less than twenty-five years of age if he has attained the age of twenty-one years.

What is the disqualification under Section 5-A(b)?

Being a salaried servant of the Gram Panchayat.

What is the disqualification under Section 5-A(c)?

Holding any office of profit under the State Government, Central Government, local authority other than a Gram Panchayat, or a Board, Body or Corporation owned or controlled by the State Government or Central Government.

What is the disqualification under Section 5-A(d)?

Having been dismissed from the service of the State Government, Central Government or a local authority for misconduct.

What is the disqualification under Section 5-A(e) relating to dues?

Being in arrears of any tax, fee, rate or other dues payable to the Gram Panchayat, Kshettra Panchayat or Zila Panchayat for the prescribed period.

What is the disqualification under Section 5-A(e) relating to records or property?

Failure to deliver any record or property belonging to the Gram Panchayat, Nyaya Panchayat, Kshettra Panchayat or Zila Panchayat which came into possession by virtue of holding office under it despite being required to do so.

What is the disqualification under Section 5-A(f)?

Being an undischarged insolvent.

What is the disqualification under Section 5-A(g)?

Conviction for an offence involving moral turpitude.

What is the disqualification under Section 5-A(h)?

Sentencing to imprisonment for a term exceeding three months for contravention of any order made under the Essential Commodities Act, 1955.

What is the disqualification under Section 5-A(i)?

Sentencing to imprisonment for a term exceeding six months or to transportation for contravention of any order made under the Essential Supplies (Temporary Powers) Act, 1946 or the U.P. Control of Supplies (Temporary Powers) Act, 1947.

What is the disqualification under Section 5-A(j)?

Sentencing to imprisonment for a term exceeding three months under the U.P. Excise Act, 1910.

What is the disqualification under Section 5-A(k)?

Conviction for an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985.

What is the disqualification under Section 5-A(l)?

Conviction of an election offence.

What is the disqualification under Section 5-A(m)?

Conviction of an offence under the U.P. Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955.

What is the disqualification under Section 5-A(n)?

Removal from office under sub-clause (iii) or (iv) of clause (g) of sub-section (1) of section 95 before expiry of the prescribed disqualification period or lesser period ordered by the State Government.

What is the period of disqualification under the first proviso to Section 5-A?

Five years from such date as may be prescribed for disqualifications under clauses (d), (f), (g), (h), (i), (j), (k), (l) and (m).

When does disqualification under Section 5-A(e) cease?

Upon payment of arrears or delivery of the record or property, as the case may be.

How may disqualification under clauses mentioned in the first proviso be removed?

By the State Government in the prescribed manner.

What is the subject matter of Section 6?

Cessation of membership.

When shall a member of a Gram Panchayat cease to be such member under Section 6(1)?

When the entry relating to that member is deleted from the electoral roll for a territorial constituency of Gram Panchayat.

What is the consequence under Section 6(2) when a person ceases to be a member of a Gram Panchayat?

He shall also cease to hold any office to which he was elected, nominated or appointed by reason of being a member thereof.

What is the subject matter of Section 6-A?

Decision on question as to disqualifications.

To whom shall the question be referred when a dispute arises regarding disqualification under Section 5-A or cessation under Section 6(1)?

To the prescribed authority.

Whose decision shall determine whether a person has become subject to disqualification under Section 5-A or section 6(1)?

The decision of the prescribed authority.

What is the effect of the decision of the prescribed authority under Section 6-A?

It shall be final subject to the result of any appeal as may be prescribed.

What is the subject matter of Section 7?

Omitted.

What is the status of Section 7?

Deleted by section 9 of U.P. Act No. II of 1955.

What is the subject matter of Section 8?

Effect of change in population or inclusion of the area of a Gram Panchayat in municipalities etc.

What is the effect when the whole area of a Gram Panchayat is included in a city, municipality, cantonment, notified area or town area?

The Gram Panchayat shall cease and its assets and liabilities shall be disposed of in the prescribed manner.

What is the effect when only a part of the area of a Gram Panchayat is included in a city, municipality, cantonment, notified area or town area?

The jurisdiction of the Gram Panchayat shall be reduced by that part.

What is the subject matter of Section 9?

Electoral roll for each territorial constituency.

Who shall prepare an electoral roll under Section 9(1)?

An electoral roll shall be prepared for each territorial constituency of a Gram Panchayat.

In accordance with what shall the electoral roll under Section 9(1) be prepared?

In accordance with the provisions of this Act and the rules made thereunder.

Under whose superintendence, direction and control shall the electoral roll under Section 9(1) be prepared?

Under the superintendence, direction and control of the State Election Commission.

Who shall supervise and perform functions relating to preparation, revision and correction of electoral rolls under Section 9(1-A)?

The Mukhya Nirvachan Adhikari (Panchayat).

Under whose superintendence, direction and control shall the Mukhya Nirvachan Adhikari (Panchayat) function under Section 9(1-A)?

Subject to the superintendence, direction and control of the State Election Commission.

What functions shall the Mukhya Nirvachan Adhikari (Panchayat) perform under Section 9(1-A)?

All functions relating to the preparation, revision and correction of the electoral roll in the State.

In accordance with what shall functions under Section 9(1-A) be performed?

In accordance with this Act and the rules made thereunder.

By whom shall preparation, revision and correction of electoral rolls be done under Section 9(1-B)?

By such persons as may be prescribed.

In what manner shall preparation, revision and correction of electoral rolls be done under Section 9(1-B)?

In such manner as may be prescribed.

What shall happen to the electoral roll referred to in Section 9(1) under Section 9(2)?

It shall be published in the prescribed manner.

What shall be the effect of publication of the electoral roll under Section 9(2)?

Upon publication it shall be the electoral roll for that territorial constituency prepared in accordance with this Act.

Subject to what shall the published electoral roll remain effective under Section 9(2)?

Subject to any alteration, addition or modification made in accordance with this Act and the rules made thereunder.

Who shall be entitled to be registered in the electoral roll under Section 9(3)?

Every person satisfying the conditions under Section 9(3).

What is the age requirement for registration in the electoral roll under Section 9(3)?

The person must have attained the age of 18 years on the first day of January of the year in which the electoral roll is prepared or revised.

What is the residence requirement for registration in the electoral roll under Section 9(3)?

The person must be ordinarily resident in the territorial constituency of a Gram Panchayat.

Subject to which provisions does entitlement to registration under Section 9(3) apply?

Subject to the provisions of sub-sections (4), (5), (6) and (7).

For which territorial constituency shall an eligible person be entitled to registration under Section 9(3)?

For the territorial constituency of the Gram Panchayat in which the person is ordinarily resident.

What is the effect of owning or possessing a dwelling house in a territorial constituency under Explanation (i) to Section 9(3)?

A person shall not be deemed to be ordinarily resident in the territorial constituency only on the ground that he owns or is in possession of a dwelling house therein.

What is the effect of temporary absence from ordinary residence under Explanation (ii) to Section 9(3)?

A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.

Whether a member of Parliament or of the Legislature of the State ceases to be ordinarily resident due to absence connected with official duties under Explanation (iii) to Section 9(3)?

No, during the term of office such member shall not cease to be ordinarily resident in the territorial constituency merely by reason of absence from that area in connection with duties as such member.

What factors shall be considered for deciding ordinary residence under Explanation (iv) to Section 9(3)?

Any other factor that may be prescribed shall be taken into consideration.

For what purpose shall prescribed factors be considered under Explanation (iv) to Section 9(3)?

For deciding as to what persons may or may not be deemed to be ordinarily residents of a particular area at any relevant time.

How shall a question regarding ordinary residence be determined under Explanation (v) to Section 9(3)?

The question shall be determined with reference to all the facts of the case.

When does Explanation (v) to Section 9(3) apply?

If in any case a question arises as to where a person is ordinarily resident at any relevant time.

Who shall be disqualified for registration in an electoral roll under Section 9(4)?

A person fulfilling any of the disqualifications specified in clauses (a), (b) or (c).

When shall a person be disqualified for registration in an electoral roll under Section 9(4)(a)?

If he is not a citizen of India.

When shall a person be disqualified for registration in an electoral roll under Section 9(4)(b)?

If he is of unsound mind and stands so declared by a competent court.

When shall a person be disqualified for registration in an electoral roll under Section 9(4)(c)?

If he is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.

What shall happen if a person becomes disqualified after registration under Section 9(5)?

His name shall forthwith be struck off the electoral roll in which it is included.

From where shall the name of a disqualified person be struck off under Section 9(5)?

From the electoral roll in which it is included.

What is the proviso to Section 9(5)?

The name of any person struck off the electoral roll by reason of such disqualification shall forthwith be reinstated in that roll if such disqualification is removed under any law authorising such removal during the period such roll is in force.

When shall the name struck off under Section 9(5) be reinstated?

If the disqualification is removed during the period such roll is in force.

Under what authority shall reinstatement under the proviso to Section 9(5) take place?

Under any law authorising removal of such disqualification.

Who shall not be entitled to be registered in more than one territorial constituency under Section 9(6)?

No person shall be entitled to be registered in the electoral roll for more than one territorial constituency.

Who shall not be entitled to be registered more than once in the same territorial constituency under Section 9(6)?

No person shall be entitled to be registered more than once in the electoral roll for the same territorial constituency.

When shall a person not be entitled to be registered in the electoral roll for any territorial constituency under Section 9(7)?

If his name is entered in any electoral roll pertaining to any city, municipality or cantonment.

What condition enables registration in a territorial constituency despite entry in another electoral roll under Section 9(7)?

He must show that his name has been struck off such electoral roll.

Which authority may correct, delete or add entries in the electoral roll under Section 9(8)?

The Electoral Registration Officer or Assistant Electoral Registration Officer.

When may the Electoral Registration Officer or Assistant Electoral Registration Officer act under Section 9(8)?

When satisfied after making such inquiry as it may deem fit.

On what basis may action be taken under Section 9(8)?

Either on an application made to it or on its own motion.

What satisfaction is required under Section 9(8) for correction, deletion or addition?

Satisfaction that any entry should be corrected or deleted or that the name of any person entitled to be registered should be added.

Subject to what shall correction, deletion or addition be made under Section 9(8)?

Subject to the provisions of this Act and rules and orders made thereunder.

What actions may be taken under Section 9(8)?

The entry may be corrected, deleted or added, as the case may be.

What is the first proviso to Section 9(8)?

No correction, deletion or addition shall be made after the last date for making nominations for an election in the Gram Panchayat and before the completion of that election.

During which period is correction, deletion or addition prohibited under the first proviso to Section 9(8)?

After the last date for making nominations and before completion of the election.

What is the second proviso to Section 9(8)?

No deletion or correction of any entry affecting a person's interest adversely shall be made without giving him reasonable opportunity of being heard.

When must reasonable opportunity of being heard be given under the second proviso to Section 9(8)?

Before deletion or correction of any entry affecting a person's interest adversely.

Who may direct a special revision of the electoral roll under Section 9(9)?

The State Election Commission.

When may the State Election Commission direct a special revision under Section 9(9)?

If it thinks it necessary for the purposes of a general or by-election.

For which area may special revision be directed under Section 9(9)?

For any territorial constituency of a Gram Panchayat.

In what manner may special revision be directed under Section 9(9)?

In such manner as the State Election Commission may think fit.

What is the proviso to Section 9(9)?

Subject to the other provisions of this Act, the electoral roll in force at the time of issue of such direction shall continue until completion of the special revision.

Which electoral roll shall remain in force during special revision under the proviso to Section 9(9)?

The electoral roll for the territorial constituency as in force at the time of issue of the direction.

Until when shall the existing electoral roll continue under the proviso to Section 9(9)?

Until completion of the special revision so directed.

Who may make provisions concerning the electoral roll under Section 9(10)?

The State Election Commission.

When may the State Election Commission make provisions under Section 9(10)?

In so far as provision is not made by this Act or the rules.

By what mode may provisions be made under Section 9(10)?

By order.

For what matters may provisions be made under Section 9(10)?

Matters concerning the electoral roll.

What may the State Election Commission provide regarding commencement and operation of electoral rolls under Section 9(10)(a)?

The date on which the electoral roll shall come into force and its period of operation.

What may the State Election Commission provide regarding correction of entries under Section 9(10)(b)?

Correction of any existing entry in the electoral roll on application of the elector concerned.

What may the State Election Commission provide regarding electoral or printing errors under Section 9(10)(c)?

Correction of electoral or printing errors in the electoral roll.

What may the State Election Commission provide regarding inclusion of names under Section 9(10)(d)?

Inclusion in the electoral roll of the name of eligible persons.

Whose name may be included under Section 9(10)(d)(i)?

A person whose name is included in the Assembly electoral roll for the relatable area but not included in the electoral roll for that territorial constituency or wrongly included in another territorial constituency.

Whose name may be included under Section 9(10)(d)(ii)?

A person whose name is not included in the Assembly electoral roll but who is otherwise qualified to be registered.

What may the State Election Commission provide regarding electoral rolls under Section 9(10)(e)?

Custody and preservation of the electoral roll.

What may the State Election Commission provide regarding applications under Section 9(10)(f)?

Fees payable on applications for inclusion or exclusion of names.

What general power is conferred under Section 9(10)(g)?

To make provisions regarding all matters relating to preparation and publication of the electoral roll.

What power is conferred on the State Election Commission under Section 9(11)?

The State Election Commission may adopt the electoral roll for the Assembly constituency for preparation of the electoral roll for a territorial constituency.

Notwithstanding what may the State Election Commission exercise power under Section 9(11)?

Notwithstanding anything contained in the foregoing subsections.

For what purpose may the State Election Commission adopt an electoral roll under Section 9(11)?

For the purposes of preparation of the electoral roll for a territorial constituency.

Which electoral roll may be adopted under Section 9(11)?

The electoral roll for the Assembly constituency prepared under the Representation of the People Act, 1950 for the time being in force.

To what extent may the Assembly electoral roll be adopted under Section 9(11)?

So far as it relates to the area of that territorial constituency.

What is the proviso to Section 9(11)?

The electoral roll for such territorial constituency shall not include any amendment, alteration or correction made after the last date for making nomination for the election of such constituency and before completion of such election.

Which amendments, alterations or corrections shall not be included under the proviso to Section 9(11)?

Any amendment, alteration or correction made after the last date for making nomination and before completion of the election.

For which election period is inclusion prohibited under the proviso to Section 9(11)?

For the period after the last date for making nomination for the election of such constituency and before completion of such election.

What is the subject matter of Section 9(12)?

Bar of jurisdiction of civil courts in matters relating to electoral rolls.

What jurisdiction is barred under Section 9(12)?

No civil court shall have jurisdiction in matters specified in clauses (a) and (b).

What jurisdiction is barred under Section 9(12)(a)?

No civil court shall have jurisdiction to entertain or adjudicate upon the question whether any person is or is not entitled to be registered in an electoral roll for a territorial constituency.

What question cannot be entertained or adjudicated by a civil court under Section 9(12)(a)?

Whether any person is or is not entitled to be registered in an electoral roll for a territorial constituency.

What jurisdiction is barred under Section 9(12)(b)?

No civil court shall have jurisdiction to question the legality of any action taken by or under the authority of the State Election Commission or of any decision given by any authorities or office appointed in this behalf.

Whose actions cannot be questioned before a civil court under Section 9(12)(b)?

Actions taken by or under the authority of the State Election Commission.

Whose decisions cannot be questioned before a civil court under Section 9(12)(b)?

Decisions given by any authorities or office appointed in this behalf.

In respect of what matters is jurisdiction barred under Section 9(12)(b)?

In respect of preparation and publication of electoral rolls.

What is the subject matter of Section 9-A?

Right to vote etc.

Who is entitled to vote at any election under Section 9-A?

Every person whose name is for the time being included in the electoral roll for a territorial constituency of a Gram Panchayat.

Who is eligible for election, nomination or appointment to any office in the Gram Panchayat under Section 9-A?

Every person whose name is for the time being included in the electoral roll for a territorial constituency of a Gram Panchayat, except as otherwise provided by or under this Act.

What is the minimum age qualification to be elected as a member or office bearer of the Gram Panchayat under the proviso to Section 9-A?

Completion of twenty-one years of age.

What is the subject matter of Section 10?

Removal of difficulty in the establishment of Gram Sabha and in the working of a Gram Panchayat.

In what situations does Section 10 apply?

When any dispute or difficulty arises in establishing a Gram Sabha or in the working of a Gram Panchayat.

What matters may be referred to the State Government under Section 10?

Disputes or difficulties regarding interpretation of any provision of this Act or rules made thereunder, matters arising out of or relating to such interpretation, or matters not provided in this Act.

To whom shall disputes or difficulties under Section 10 be referred?

To the State Government.

What is the effect of the decision of the State Government under Section 10?

The decision shall be final and conclusive.

CHAPTER III

THE GRAM SABHA ITS MEETINGS AND FUNCTIONS

What is the subject matter of Section 11?

Meeting and functions of Gram Sabha.

How many general meetings shall every Gram Sabha hold under Section 11(1)?

Two general meetings in each year.

When shall the kharif meeting be held under Section 11(1)?

Soon after harvesting of the kharif crop.

When shall the rabi meeting be held under Section 11(1)?

Soon after harvesting of the rabi crop.

Who shall preside over the rabi meeting under Section 11(1)?

The Pradhan of the concerned Gram Panchayat.

When may an extraordinary general meeting be called under the first proviso to Section 11(1)?

At any time by the Pradhan or upon written requisition by the prescribed authority or not less than one-fifth of the members.

Within what period shall the Pradhan call an extraordinary general meeting after receipt of requisition?

Within thirty days from receipt of such requisition.

How shall the time and place of Gram Sabha meetings be notified?

In the prescribed manner.

What happens if the Pradhan fails to call a meeting under Section 11(1)?

The prescribed authority may call the meeting within the prescribed period.

What is the quorum for a meeting of Gram Sabha under Section 11(2)?

One-fifth of the members.

What is the quorum requirement for an adjourned meeting under Section 11(2)?

No quorum shall be necessary for a meeting adjourned for want of quorum.

What matters shall be considered by the Gram Sabha under Section 11(3)?

Annual statement of accounts, report of administration of the preceding financial year, last audit note and replies, report of development programmes of the preceding year, proposed development programmes for the current financial year, promotion of unity and harmony, programmes of adult education and such other matters as may be prescribed.

What may the Gram Sabha do after considering matters under Section 11(3)?

Make recommendations and suggestions to the Gram Panchayat.

What duty is imposed upon the Gram Panchayat under Section 11(4)?

To give due consideration to the recommendations and suggestions of the Gram Sabha.

What functions shall the Gram Sabha perform under Section 11(5)?

Mobilising voluntary labour and contributions for community welfare programmes, identifying beneficiaries for implementation of village development schemes and rendering assistance in implementation of village development schemes.

CHAPTER III-A

GRAM PANCHAYATS

What is the subject matter of Section 11-A?

Pradhan of Gram Panchayat.

What shall there be under Section 11-A(1)?

There shall be a Pradhan of the Gram Panchayat.

Who shall be the Chairperson of the Gram Panchayat under Section 11-A(1)?

The Pradhan shall be the Chairperson thereof.

Which authority shall reserve offices of Pradhans under Section 11-A(2)?

The State Government.

By what mode shall reservation of offices of Pradhans be made under Section 11-A(2)?

By order.

For whom shall offices of Pradhans be reserved under Section 11-A(2)?

For the Scheduled Castes, the Scheduled Tribes and the backward classes.

What is the first proviso to Section 11-A(2)?

The number of offices of Pradhans reserved for the Scheduled Castes, the 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 their population bears to the total population of the State.

How shall reservation for Scheduled Castes under the first proviso to Section 11-A(2) be determined?

As nearly as may be in the same proportion as the population of Scheduled Castes in the State bears to the total population of the State.

How shall reservation for Scheduled Tribes under the first proviso to Section 11-A(2) be determined?

As nearly as may be in the same proportion as the population of Scheduled Tribes in the State bears to the total population of the State.

How shall reservation for backward classes under the first proviso to Section 11-A(2) be determined?

As nearly as may be in the same proportion as the population of backward classes in the State bears to the total population of the State.

What is the second proviso to Section 11-A(2)?

Reservation for the backward classes shall not exceed twenty-seven per cent of the total number of offices of Pradhans.

What is the maximum reservation for backward classes under Section 11-A(2)?

Twenty-seven per cent of the total number of offices of Pradhans.

What is the third proviso to Section 11-A(2)?

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.

When may the population of backward classes be determined by survey under Section 11-A(2)?

If the figures of population of the backward classes are not available.

In what manner shall the survey under the third proviso to Section 11-A(2) be carried out?

In the prescribed manner.

What reservation for women belonging to reserved categories is provided under Section 11-A(3)?

Not less than one-third of the total number of offices of Pradhans reserved under sub-section (2) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes.

What is the minimum reservation for women under Section 11-A(3)?

Not less than one-third of the total number of offices of Pradhans reserved under sub-section (2).

Which women are covered under Section 11-A(3)?

Women belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes.

What reservation is provided for women under Section 11-A(4)?

Not less than one-third of the total number of offices of Pradhans shall be reserved for women.

Whether reservation under Section 11-A(4) includes reservation under sub-section (3)?

Yes, it includes the number of offices of Pradhans reserved under sub-section (3).

How shall reserved offices of Pradhans be allotted under Section 11-A(5)?

By rotation to different Gram Panchayats.

In what order shall reserved offices of Pradhans be allotted under Section 11-A(5)?

In such order as may be prescribed.

When shall reservation for Scheduled Castes and Scheduled Tribes cease under Section 11-A(6)?

On the expiration of the period specified in Article 334 of the Constitution.

Which reservations cease under Section 11-A(6)?

Reservation of the offices of Pradhans for the Scheduled Castes and the Scheduled Tribes.

What is the effect of the Explanation to Section 11-A?

Nothing in this section shall prevent persons belonging to the Scheduled Castes, the Scheduled Tribes, the backward classes and women from contesting election to unreserved seats.

Who may contest election to unreserved seats under the Explanation to Section 11-A?

Persons belonging to the Scheduled Castes, the Scheduled Tribes, the backward classes and women.

What is the subject matter of Section 11-B?

Elections of Pradhan.

Who shall elect the Pradhan of the Gram Panchayat under Section 11-B(1)?

The persons registered in the electoral rolls for the territorial constituencies of the Panchayat area.

From whom shall the Pradhan of the Gram Panchayat be elected under Section 11-B(1)?

From amongst themselves.

For which area shall voters elect the Pradhan under Section 11-B(1)?

For the territorial constituencies of the Panchayat area.

When may the State Government or authorised officer act under Section 11-B(2)?

If at any general election to a Gram Panchayat, the Pradhan is not elected and less than two-thirds of the total members of Gram Panchayat are elected.

Which authority may act under Section 11-B(2)?

The State Government or an officer authorised by it in this behalf.

By what mode may action be taken under Section 11-B(2)?

By order.

What options are available to the State Government or authorised officer under Section 11-B(2)?

It may appoint an Administrative Committee or an Administrator.

What may be appointed under Section 11-B(2)(i)?

An Administrative Committee.

Who may be included in the Administrative Committee under Section 11-B(2)(i)?

Such number of persons qualified to be elected as members of the Gram Panchayat as considered proper.

What may be appointed under Section 11-B(2)(ii)?

An Administrator.

For what period shall members of the Administrative Committee or the Administrator hold office under Section 11-B(3)?

For such period as the State Government may specify in the order.

What is the maximum period of office under Section 11-B(3)?

A period not exceeding six months.

In which order shall the period of office be specified under Section 11-B(3)?

In the order referred to in sub-section (2).

What shall happen to the person chosen as Pradhan or member before appointment under Section 11-B(4)?

Such person shall cease to be such Pradhan or member, as the case may be.

When does cessation under Section 11-B(4) take place?

On appointment of an Administrative Committee or an Administrator under sub-section (2).

What powers vest in the Administrative Committee or Administrator under Section 11-B(4)?

All powers, functions and duties of the Gram Panchayat, its Pradhan and Committees.

Who shall exercise, perform and discharge powers under Section 11-B(4)?

The Administrative Committee or the Administrator, as the case may be.

What shall the Administrative Committee or Administrator be deemed to be under Section 11-B(5)?

A duly constituted Gram Panchayat for the purposes of this Act.

For what purposes shall the Administrative Committee or Administrator be deemed to be constituted under Section 11-B(5)?

For the purposes of this Act.

What is the proviso to Section 11-B(5)?

If after appointment of the Administrative Committee or Administrator the State Government is satisfied that there is no difficulty in duly constituting the Gram Panchayat, it may direct the State Election Commission to hold elections for constituting the Gram Panchayat.

When may the State Government issue direction under the proviso to Section 11-B(5)?

When it is satisfied that there is no difficulty in duly constituting the Gram Panchayat.

To whom may direction be issued under the proviso to Section 11-B(5)?

To the State Election Commission.

For what purpose may direction be issued under the proviso to Section 11-B(5)?

For holding elections for constituting the Gram Panchayat.

Whether elections may be directed before expiry of the appointment period under the proviso to Section 11-B(5)?

Yes, notwithstanding that the period for which the Administrative Committee or Administrator had been appointed has not expired.

What is the term of office of Pradhan under Section 11-B(6)?

Except as otherwise provided in this Act, the term of office of Pradhan shall be coterminus with the term of the Gram Panchayat.

Subject to what condition is the term of office of Pradhan under Section 11-B(6)?

Except as otherwise provided in this Act.

What is the subject matter of Section 11-C?

Omitted.

What is the status of Section 11-C?

Omitted by section 4 of U.P. Act No. 44 of 2007.

What is the subject matter of Section 11-D?

Prohibition of holding certain offices simultaneously.

What is prohibited under Section 11-D?

No person shall simultaneously hold offices specified in clauses (a), (b), (c) and (d).

What is prohibited under Section 11-D(a)?

No person shall simultaneously be the Pradhan of a Gram Panchayat or [x x x].

What is prohibited under Section 11-D(b)?

No person shall simultaneously be a member of a Gram Panchayat for more than one territorial constituency, [x x x].

What is prohibited under Section 11-D(c)?

No person shall simultaneously be a member of a Gram Panchayat [x x x].

What is prohibited under Section 11-D(d)?

No person shall simultaneously hold any office in more than one Gram Panchayat [x x x].

What may the rules provide under Section 11-D?

The rules may provide for the vacation of all but one office.

When may rules provide for vacation of offices under Section 11-D?

When any person is chosen to fill offices which he cannot hold simultaneously.

Which office may be retained under rules framed under Section 11-D?

One office only may be retained.

What is the subject matter of Section 11-E?

Further bar on holding two offices simultaneously.

Who shall be disqualified under Section 11-E(1)?

A person shall be disqualified for being elected to or holding the office of Pradhan or member of Gram Panchayat [x x x] if he falls under clauses (a) to (d).

For what offices does disqualification apply under Section 11-E(1)?

For being elected to or holding the office of Pradhan or member of Gram Panchayat [x x x].

When shall a person be disqualified under Section 11-E(1)(a)?

If he is a member of Parliament or of the State Legislature.

When shall a person be disqualified under Section 11-E(1)(b)?

If he is member, Pramukh or Up-Pramukh of a Kshettra Panchayat.

When shall a person be disqualified under Section 11-E(1)(c)?

If he is member, Adhyaksha or Upadhyaksha of a Zila Panchayat.

When shall a person be disqualified under Section 11-E(1)(d)?

If he is Adhyaksha or Upadhyaksha of any co-operative society.

When shall a person cease to hold office under Section 11-E(2)?

If subsequently he is elected to any of the offices mentioned in clauses (a) to (d) of sub-section (1).

Which offices shall cease under Section 11-E(2)?

The office of Pradhan or member of the Gram Panchayat [x x x], as the case may be.

From which date shall cessation take effect under Section 11-E(2)?

With effect from the date of such subsequent election.

What shall occur upon cessation under Section 11-E(2)?

A casual vacancy shall thereupon occur in the office of such Pradhan or member or Panch, as the case may be.

Which offices create cessation under Section 11-E(2)?

Offices mentioned in clauses (a) to (d) of sub-section (1).

What special provision is contained in Section 11-E(3)?

A person chosen as member of Panchayats at two or more levels in the first elections after commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994 must resign all but one seat.

Notwithstanding what does Section 11-E(3) apply?

Notwithstanding anything in this Act.

To which elections does Section 11-E(3) apply?

The first elections held after commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994 to constitute Panchayats at village, khand and district levels.

When must resignation be submitted under Section 11-E(3)?

Within sixty days of the date of declaration of the results of elections.

What is the time limit where election results are declared on different dates under Section 11-E(3)?

Within sixty days of the last of such dates.

From how many seats must resignation be submitted under Section 11-E(3)?

From all but one of the seats.

What is the consequence of failure to resign under Section 11-E(3)?

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.

Which seat shall remain if resignation is not submitted under Section 11-E(3)?

The seat in the highest level amongst the Panchayats to which he has been elected.

What is the subject matter of Section 11-F?

Declaration of Panchayat area.

Which authority may declare a Panchayat area under Section 11-F(1)?

The State Government.

By what mode may a Panchayat area be declared under Section 11-F(1)?

By notification.

What area may be declared as a Panchayat area under Section 11-F(1)?

Any area comprising a village or group of villages.

What population criterion applies under Section 11-F(1)?

The area shall have, so far as practicable, a population of one thousand.

For what purpose may an area be declared under Section 11-F(1)?

For the purposes of this Act.

By what name shall the Panchayat area be declared under Section 11-F(1)?

By such name as may be specified.

What is the first proviso to Section 11-F(1)?

For the purpose of declaration of a Panchayat area no revenue village or any hamlet thereof shall be divided.

Whether a revenue village may be divided for declaration of a Panchayat area under the first proviso to Section 11-F(1)?

No, no revenue village shall be divided.

Whether a hamlet of a revenue village may be divided under the first proviso to Section 11-F(1)?

No, no hamlet thereof shall be divided.

What is the second proviso to Section 11-F(1)?

In the hill districts specified, the State Government may declare the area of a Gaon Sabha established under section 3 of this Act as it stood before commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994, to be a Panchayat area though such area may have population of less than one thousand.

In which districts does the second proviso to Section 11-F(1) apply?

Nainital, Almora, Pithoragarh, Tehri, Pauri, Dehradun, Chamoli or Uttarkashi.

What area may be declared as Panchayat area under the second proviso to Section 11-F(1)?

The area of a Gaon Sabha established under section 3 of this Act as it stood before commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994.

Whether population of less than one thousand is permissible under the second proviso to Section 11-F(1)?

Yes, such area may have population of less than one thousand.

Which authority may modify, alter or declare cessation of Panchayat area under Section 11-F(2)?

The State Government.

When may the State Government act under Section 11-F(2)?

On the request of the Gram Panchayat concerned or otherwise and after previous publication of the proposal.

By what mode may action under Section 11-F(2) be taken?

By notification.

At what time may action under Section 11-F(2) be taken?

At any time.

How may the area of a Panchayat area be modified under Section 11-F(2)(a)?

By including therein or excluding therefrom any area of a village or group of villages.

What may be included or excluded under Section 11-F(2)(a)?

Any area of a village or group of villages.

What power is conferred under Section 11-F(2)(b)?

The State Government may alter the name of the Panchayat area.

What power is conferred under Section 11-F(2)(c)?

The State Government may declare that any area shall cease to be a Panchayat area.

What is the subject matter of Section 12?

Gram Panchayat.

What shall be established under Section 12(1)(a)?

For every Panchayat area, a Gram Panchayat bearing the name of the Panchayat area shall be established.

For which area shall a Gram Panchayat be established under Section 12(1)(a)?

For every Panchayat area.

What name shall a Gram Panchayat bear under Section 12(1)(a)?

The name of the Panchayat area.

What shall be the status of every Gram Panchayat under Section 12(1)(b)?

Every Gram Panchayat shall be a body corporate.

Who shall constitute a Gram Panchayat under Section 12(1)(c)?

A Gram Panchayat shall consist of a Pradhan and members according to population.

What shall be the composition of a Gram Panchayat under Section 12(1)(c)(i)?

In a Panchayat area having a population up to one thousand, it shall consist of a Pradhan and nine members.

How many members shall a Gram Panchayat have where population is up to one thousand under Section 12(1)(c)(i)?

Nine members.

What shall be the composition of a Gram Panchayat under Section 12(1)(c)(ii)?

In a Panchayat area having a population of more than one thousand but not more than two thousand, it shall consist of a Pradhan and eleven members.

How many members shall a Gram Panchayat have where population exceeds one thousand but does not exceed two thousand under Section 12(1)(c)(ii)?

Eleven members.

What shall be the composition of a Gram Panchayat under Section 12(1)(c)(iii)?

In a Panchayat area having a population of more than two thousand but not more than three thousand, it shall consist of a Pradhan and thirteen members.

How many members shall a Gram Panchayat have where population exceeds two thousand but does not exceed three thousand under Section 12(1)(c)(iii)?

Thirteen members.

What shall be the composition of a Gram Panchayat under Section 12(1)(c)(iv)?

In a Panchayat area having a population of more than three thousand, it shall consist of a Pradhan and fifteen members.

How many members shall a Gram Panchayat have where population exceeds three thousand under Section 12(1)(c)(iv)?

Fifteen members.

For what purpose shall every Panchayat area be divided into territorial constituencies under Section 12(1)(d)?

For the purpose of election of members of Gram Panchayat.

How shall every Panchayat area be divided under Section 12(1)(d)?

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.

What ratio shall be maintained under Section 12(1)(d)?

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.

How many members shall represent each territorial constituency under Section 12(1)(e)?

Each territorial constituency shall be represented by one member in the Gram Panchayat.

Who shall represent a territorial constituency under Section 12(1)(e)?

One member in the Gram Panchayat.

What may be delimitated under Section 12(1)(f)?

The territorial constituencies of a Gram Panchayat.

In what manner may territorial constituencies be delimitated under Section 12(1)(f)?

In the prescribed manner.

What rule-making power is provided under Section 12(1)(f)?

Rules in this regard may be made.

With what effect may rules be made under Section 12(1)(f)?

With retrospective effect.

From which date may retrospective rules operate under Section 12(1)(f)?

From a date not earlier than the date of commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994.

What is the subject matter of Section 12(2)?

Omitted.

What is the status of Section 12(2)?

Omitted.

What shall be the duration of a Gram Panchayat under Section 12(3)(a)?

A Gram Panchayat shall continue for five years from the date appointed for its first meeting and no longer.

Subject to what condition shall a Gram Panchayat continue under Section 12(3)(a)?

Unless sooner dissolved under clause (f) of sub-section (1) of section 95.

From which date shall the term of a Gram Panchayat be calculated under Section 12(3)(a)?

From the date appointed for its first meeting.

When shall an election to constitute a Gram Panchayat be completed under Section 12(3)(b)(i)?

Before the expiry of its duration specified in clause (a).

When shall an election to constitute a Gram Panchayat be completed after dissolution under Section 12(3)(b)(ii)?

Before expiration of a period of six months from the date of its dissolution.

What is the proviso to Section 12(3)(b)?

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.

When is election not necessary under the proviso to Section 12(3)(b)?

When the remainder of the term of the dissolved Gram Panchayat is less than six months.

For what period shall a Gram Panchayat constituted after dissolution continue under Section 12(3)(c)?

Only for the remainder of the period for which the dissolved Gram Panchayat would have continued under clause (a).

What is the effect of dissolution on the term of a newly constituted Gram Panchayat under Section 12(3)(c)?

It shall continue only for the unexpired remainder of the previous Gram Panchayat's term.

How shall the constitution of a Gram Panchayat be notified under Section 12(3)(d)?

In such manner as may be prescribed.

What shall be the effect of notification under Section 12(3)(d)?

The Gram Panchayat shall be deemed to have been duly constituted notwithstanding any vacancy therein.

Whether vacancy affects constitution of Gram Panchayat under Section 12(3)(d)?

No, the Gram Panchayat shall be deemed duly constituted notwithstanding any vacancy therein.

What is the proviso to Section 12(3)(d)?

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

What is the minimum election requirement before notification under the proviso to Section 12(3)(d)?

The Pradhan and at least two-thirds of the members of the Gram Panchayat must have been elected.

What is the subject matter of Section 12(3-A)?

Appointment of Administrative Committee or Administrator where election cannot be held.

Notwithstanding what does Section 12(3-A) apply?

Notwithstanding anything contained in any other provisions of this Act.

When may action be taken under Section 12(3-A)?

Where due to unavoidable circumstances or in public interest it is not practicable to hold an election before expiry of the duration of the Gram Panchayat.

Which authority may act under Section 12(3-A)?

The State Government or an officer authorized by it in this behalf.

By what mode may appointment under Section 12(3-A) be made?

By order.

What may be appointed under Section 12(3-A)?

An Administrative Committee consisting of such number of persons qualified to be elected as members of the Gram Panchayat or an Administrator.

Who may be appointed in the Administrative Committee under Section 12(3-A)?

Such number of persons qualified to be elected as members of the Gram Panchayat as considered proper.

For what period shall members of the Administrative Committee or Administrator hold office under Section 12(3-A)?

For such period as may be specified in the order.

What is the maximum period under Section 12(3-A)?

A period not exceeding six months.

Where shall the period under Section 12(3-A) be specified?

In the order of appointment.

What shall vest in the Administrative Committee or Administrator under Section 12(3-A)?

All powers, functions and duties of the Gram Panchayat, its Pradhan and Committees.

Who shall exercise, perform and discharge powers under Section 12(3-A)?

The Administrative Committee or the Administrator, as the case may be.

What shall be the term of a member of Gram Panchayat under Section 12(4)?

The term of a member of Gram Panchayat shall expire with the term of the Gram Panchayat.

Subject to what condition does Section 12(4) apply?

Unless otherwise determined under the provisions of this Act.3

What reservation shall be provided in every Gram Panchayat under Section 12(5)(a)?

Seats shall be reserved for the Scheduled Castes, the Scheduled Tribes and the backward classes.

How shall the number of reserved seats be determined under Section 12(5)(a)?

As nearly as may be, in the same proportion to the total number of seats in the Gram Panchayat as the population of the Scheduled Castes or Scheduled Tribes or backward classes in the Panchayat area bears to the total population of such area.

How shall reservation for Scheduled Castes be determined under Section 12(5)(a)?

In proportion, as nearly as may be, to the population of Scheduled Castes in the Panchayat area.

How shall reservation for Scheduled Tribes be determined under Section 12(5)(a)?

In proportion, as nearly as may be, to the population of Scheduled Tribes in the Panchayat area.

How shall reservation for backward classes be determined under Section 12(5)(a)?

In proportion, as nearly as may be, to the population of backward classes in the Panchayat area.

How may reserved seats be allotted under Section 12(5)(a)?

By rotation to different territorial constituencies in a Gram Panchayat.

In what order shall reserved seats be allotted under Section 12(5)(a)?

In such order as may be prescribed.

What is the first proviso to Section 12(5)(a)?

Reservation for the backward classes shall not exceed twenty-seven per cent of the total number of seats in the Gram Panchayat.

What is the maximum reservation for backward classes under Section 12(5)(a)?

Twenty-seven per cent of the total number of seats in the Gram Panchayat.

What is the second proviso to Section 12(5)(a)?

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.

When may population of backward classes be determined by survey under Section 12(5)(a)?

If the figures of population of the backward classes are not available.

In what manner shall survey for backward classes be carried out under Section 12(5)(a)?

In the prescribed manner.

What reservation shall be provided for women under Section 12(5)(b)?

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

What is the minimum reservation for women under Section 12(5)(b)?

Not less than one-third of the seats reserved under clause (a).

Which women are covered under Section 12(5)(b)?

Women belonging respectively to the Scheduled Castes, the Scheduled Tribes and the backward classes.

What reservation shall be provided under Section 12(5)(c)?

Not less than one-third of the total number of seats in a Gram Panchayat shall be reserved for women.

Whether reservation under Section 12(5)(c) includes seats reserved under clause (b)?

Yes, it includes the number of seats reserved for women under clause (b).

How may seats reserved for women be allotted under Section 12(5)(c)?

By rotation to different territorial constituencies in a Gram Panchayat.

In what order shall seats reserved for women be allotted under Section 12(5)(c)?

In such order as may be prescribed.

When shall reservation of seats for Scheduled Castes and Scheduled Tribes cease under Section 12(5)(d)?

On the expiration of the period specified in Article 334 of the Constitution.

Which reservation shall cease under Section 12(5)(d)?

Reservation of seats for the Scheduled Castes and the Scheduled Tribes.

What is the effect of the Explanation to Section 12(5)?

Nothing in this section shall prevent persons belonging to the Scheduled Castes, the Scheduled Tribes, the backward classes and women from contesting election to unreserved seats.

Who may contest election to unreserved seats under the Explanation to Section 12(5)?

Persons belonging to the Scheduled Castes, the Scheduled Tribes, the backward classes and women.

What shall be the status of the Pradhan under Section 12(6)?

The Pradhan shall be deemed a member of the Gram Panchayat.

What is the subject matter of Section 12-A?

Manner of election.

How shall election to the office of Pradhan under Section 12-A be held?

By secret ballot in the manner prescribed.

How shall election to the office of member of Gram Panchayat under Section 12-A be held?

By secret ballot in the manner prescribed.

In what manner shall elections under Section 12-A be conducted?

In the prescribed manner.

What is the subject matter of Section 12-AA?

Allowance to Pradhan and members.

Who shall receive allowances and honoraria under Section 12-AA(1)?

The Pradhan and of the Gram Panchayat.

What shall the Pradhan and receive under Section 12-AA(1)?

Such allowances and honoraria as may be prescribed.

How shall allowances and honoraria under Section 12-AA(1) be determined?

As may be prescribed.

Who shall receive allowances under Section 12-AA(2)?

Members of a Gram Panchayat other than Pradhan.

What shall members receive under Section 12-AA(2)?

Such allowances as may be prescribed.

How shall allowances under Section 12-AA(2) be determined?

As may be prescribed.

What is the subject matter of Section 12-B?

Meeting of Gram Panchayat.

How frequently shall a Gram Panchayat ordinarily meet under Section 12-B(1)?

At least once every month for transaction of business.

What interval is prohibited between two meetings under Section 12-B(1)?

Two months shall not intervene between two consecutive meetings.

For what purpose shall meetings under Section 12-B(1) be held?

For the transaction of business.

What is the proviso to Section 12-B(1)?

The date appointed for the first meeting of a Gram Panchayat shall be within thirty days from the date of its constitution.

Within what period shall the first meeting of a Gram Panchayat be held under the proviso to Section 12-B(1)?

Within thirty days from the date of its constitution.

How shall meetings of the Gram Panchayat be held under Section 12-B(2)?

At such place and in such manner as may be prescribed.

Where shall meetings of the Gram Panchayat be held under Section 12-B(2)?

At such place as may be prescribed.

In what manner shall meetings of the Gram Panchayat be held under Section 12-B(2)?

In such manner as may be prescribed.

What is the subject matter of Section 12-BB?

Superintendence, direction and control of the election.

In whom shall superintendence, direction and control of elections vest under Section 12-BB(1)?

In the State Election Commission.

For which elections does Section 12-BB(1) apply?

Election to the office of Pradhan or a member of a Gram Panchayat.

What powers vest in the State Election Commission under Section 12-BB(1)?

Superintendence, direction and control of the conduct of elections.

Who shall supervise and perform election functions under Section 12-BB(2)?

The Mukhya Nirvachan Adhikari (Panchayat).

Subject to whose superintendence, direction and control shall the Mukhya Nirvachan Adhikari (Panchayat) act under Section 12-BB(2)?

Subject to the superintendence, direction and control of the State Election Commission.

What functions shall the Mukhya Nirvachan Adhikari (Panchayat) perform under Section 12-BB(2)?

All functions relating to the conduct of the election to the office of Pradhan,  or member of a Gram Panchayat in the State.

For which elections shall the Mukhya Nirvachan Adhikari (Panchayat) perform functions under Section 12-BB(2)?

Elections to the office of Pradhan, or member of a Gram Panchayat.

Which authority shall appoint the date or dates for elections under Section 12-BB(3)?

The State Government.

With whom shall the State Government consult under Section 12-BB(3)?

The State Election Commission.

By what mode shall election dates be appointed under Section 12-BB(3)?

By notification.

For which elections shall dates be appointed under Section 12-BB(3)?

General election or bye-election of the Pradhan, or members of a Gram Panchayat.

What is the subject matter of Section 12-BC?

Other provisions relating to holding of elections.

Who shall supervise the conduct of elections under Section 12-BC(1)?

The District Magistrate.

Subject to whose supervision and control shall the District Magistrate act under Section 12-BC(1)?

Subject to the supervision and control of the State Election Commission.

Which elections shall be supervised under Section 12-BC(1)?

All elections of the Pradhans, the [x x x] and the members of Gram Panchayats in the District.

For which area shall the District Magistrate supervise elections under Section 12-BC(1)?

In the District.

Who shall make staff available under Section 12-BC(2)?

Every local authority and the management of every educational institution receiving grant-in-aid from the State Government in the district.

When shall staff be made available under Section 12-BC(2)?

When so required by the District Magistrate.

To whom shall staff be made available under Section 12-BC(2)?

To the District Magistrate or to any other officer appointed by the District Magistrate as Nirvachan Adhikari.

What type of officer may be appointed by the District Magistrate under Section 12-BC(2)?

A Nirvachan Adhikari.

What staff shall be made available under Section 12-BC(2)?

Such staff as may be necessary.

For what purpose shall staff be made available under Section 12-BC(2)?

For the performance of duties in connection with such election.

Who may require staff to be made available under Section 12-BC(3)?

The State Election Commission.

Whom may the State Election Commission require under Section 12-BC(3)?

All or any of the local authorities and the managements of all or any such educational institutions in the State.

To whom shall staff be made available under Section 12-BC(3)?

To any officer referred to in sub-section (2).

What type of staff may be required under Section 12-BC(3)?

Such staff as may be necessary.

For what purpose shall staff be made available under Section 12-BC(3)?

For the performance of duties in connection with such election.

What obligation is imposed under Section 12-BC(3)?

The local authorities and institutions shall comply with every such requisition.

Who shall be bound to perform election duties under Section 12-BC(4)?

Any employee of any local authority or institution referred to in sub-section (2) or sub-section (3) appointed to perform duties in connection with such elections.

When shall an employee be bound to perform duties under Section 12-BC(4)?

When appointed to perform any duty in connection with such elections.

What duty shall be performed under Section 12-BC(4)?

Duty in connection with such elections.

What is the subject matter of Section 12-BCA?

Requisitioning of premises vehicles etc. for election purposes.

Which authority may requisition premises, vehicle, vessel or animal under Section 12-BCA(1)?

The District Magistrate.

When may the District Magistrate exercise powers under Section 12-BCA(1)?

If it appears that in connection with an election under this Act to be held within the district, premises, vehicle, vessel or animal are needed or likely to be needed.

For which elections does Section 12-BCA(1) apply?

Elections under this Act to be held within the district.

What premises may be requisitioned under Section 12-BCA(1)(a)?

Premises needed or likely to be needed for use as a polling place or for storage of ballot boxes after a poll has been taken.

For what purpose may premises be requisitioned under Section 12-BCA(1)(a)?

For being used as a polling place.

For what additional purpose may premises be requisitioned under Section 12-BCA(1)(a)?

For storage of ballot boxes after a poll has been taken.

What property may be requisitioned under Section 12-BCA(1)(b)?

Any vehicle, vessel or animal.

When may a vehicle, vessel or animal be requisitioned under Section 12-BCA(1)(b)?

When needed or likely to be needed for purposes specified in clause (b).

For what purpose may vehicle, vessel or animal be requisitioned under Section 12-BCA(1)(b)?

For transport of ballot boxes in or from any place.

For what law and order purpose may vehicle, vessel or animal be requisitioned under Section 12-BCA(1)(b)?

For transport of members of the police force for maintaining order during the conduct of such election.

For what official purpose may vehicle, vessel or animal be requisitioned under Section 12-BCA(1)(b)?

For transport of any officer or other person for performance of duties in connection with such election.

By what mode may requisition under Section 12-BCA(1) be made?

By order in writing.

What additional power is conferred under Section 12-BCA(1)?

The District Magistrate may make such further order as may appear necessary or expedient in connection with the requisitioning.

What is the proviso to Section 12-BCA(1)?

No vehicle, vessel or animal lawfully used by a candidate or his agent for any purpose connected with the election shall be requisitioned until completion of the poll.

Which vehicle, vessel or animal cannot be requisitioned under the proviso to Section 12-BCA(1)?

A vehicle, vessel or animal being lawfully used by a candidate or his agent for purposes connected with the election.

Until when is requisition prohibited under the proviso to Section 12-BCA(1)?

Until the completion of the poll at such election.

How shall requisition be effected under Section 12-BCA(2)?

By an order in writing.

To whom shall requisition order be addressed under Section 12-BCA(2)?

To the person deemed by the District Magistrate to be the owner or person in possession of the property.

Who shall determine the person to whom requisition order is addressed under Section 12-BCA(2)?

The District Magistrate.

How shall requisition order be served under Section 12-BCA(2)?

In the prescribed manner.

On whom shall requisition order be served under Section 12-BCA(2)?

On the person to whom it is addressed.

What limitation applies to requisition under Section 12-BCA(3)?

The period of requisition shall not extend beyond the period for which such property is required.

Which property is subject to the limitation under Section 12-BCA(3)?

Property requisitioned under sub-section (1).

For what duration may requisition continue under Section 12-BCA(3)?

Only for the period for which such property is required for the purposes mentioned in sub-section (1).

What definitions are provided under Section 12-BCA(4)?

Definitions of “premises” and “vehicle”.

What does “premises” mean under Section 12-BCA(4)(a)?

“Premises” means any land, building or part of a building.

What is included within the meaning of “premises” under Section 12-BCA(4)(a)?

A hut, shed or other structure or any part thereof.

Whether a part of a building is included within “premises” under Section 12-BCA(4)(a)?

Yes, it is included.

Whether a hut, shed or other structure is included within “premises” under Section 12-BCA(4)(a)?

Yes, it is included.

What does “vehicle” mean under Section 12-BCA(4)(b)?

“Vehicle” means any vehicle used or capable of being used for the purpose of road transport.

Whether mechanically propelled vehicles are included under Section 12-BCA(4)(b)?

Yes, vehicles propelled by mechanical power are included.

Whether non-mechanically propelled vehicles are included under Section 12-BCA(4)(b)?

Yes, vehicles not propelled by mechanical power are included.

What is the subject matter of Section 12-BCB?

Payment of compensation.

When shall compensation be paid under Section 12-BCB(1)?

Whenever the District Magistrate requisitions any premises in pursuance of section 12-BCA.

To whom shall compensation be paid under Section 12-BCB(1)?

To the persons interested.

How shall compensation be determined under Section 12-BCB(1)?

By taking into consideration the matters specified in clauses (i) and (ii).

What factor shall be considered for determination of compensation under Section 12-BCB(1)(i)?

The rent payable in respect of the premises.

What shall be considered if no rent is payable under Section 12-BCB(1)(i)?

The rent payable for similar premises in the locality.

What factor relating to change of residence or business shall be considered under Section 12-BCB(1)(ii)?

Reasonable expenses incidental to such change.

When shall reasonable expenses be considered under Section 12-BCB(1)(ii)?

If in consequence of requisition the person interested is compelled to change his residence or place of business.

What is the first proviso to Section 12-BCB(1)?

Where a person interested aggrieved by the amount of compensation determined makes an application within the prescribed time to the District Magistrate for reference to an arbitrator, compensation shall be such as determined by the arbitrator appointed by the District Magistrate.

Who may apply for reference to an arbitrator under the first proviso to Section 12-BCB(1)?

A person interested aggrieved by the amount of compensation determined.

Within what time shall application for reference be made under the first proviso to Section 12-BCB(1)?

Within the prescribed time.

To whom shall application for reference be made under the first proviso to Section 12-BCB(1)?

To the District Magistrate.

Who shall appoint the arbitrator under the first proviso to Section 12-BCB(1)?

The District Magistrate.

Who shall determine compensation upon reference under the first proviso to Section 12-BCB(1)?

The arbitrator appointed in this behalf by the District Magistrate.

What is the second proviso to Section 12-BCB(1)?

Any dispute as to title to receive compensation or apportionment of compensation shall be referred by the District Magistrate to an arbitrator appointed by him and shall be determined in accordance with the arbitrator’s decision.

Which disputes shall be referred to an arbitrator under the second proviso to Section 12-BCB(1)?

Disputes as to title to receive compensation or apportionment of the amount of compensation.

Who shall refer disputes under the second proviso to Section 12-BCB(1)?

The District Magistrate.

Who shall appoint the arbitrator under the second proviso to Section 12-BCB(1)?

The District Magistrate.

How shall disputes be determined under the second proviso to Section 12-BCB(1)?

In accordance with the decision of the arbitrator.

What does the expression “person interested” mean under the Explanation to Section 12-BCB(1)?

The person who was in actual possession of the premises requisitioned under section 12-BCA immediately before the requisition.

Who shall be treated as “person interested” where no person was in actual possession under the Explanation to Section 12-BCB(1)?

The owner of such premises.

At what point of time is actual possession relevant under the Explanation to Section 12-BCB(1)?

Immediately before the requisition under section 12-BCA.

What shall be paid when a vehicle, vessel or animal is requisitioned under Section 12-BCB(2)?

Compensation shall be paid to the owner thereof.

When shall compensation be paid under Section 12-BCB(2)?

Whenever in pursuance of section 12-BCA the District Magistrate requisitions any vehicle, vessel or animal.

To whom shall compensation be paid under Section 12-BCB(2)?

To the owner of the vehicle, vessel or animal.

Who shall determine compensation under Section 12-BCB(2)?

The District Magistrate.

On what basis shall compensation be determined under Section 12-BCB(2)?

On the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal.

Which fares or rates shall be considered under Section 12-BCB(2)?

Fares or rates prevailing in the locality for hire of such vehicle, vessel or animal.

What is the first proviso to Section 12-BCB(2)?

Where the owner aggrieved by the amount of compensation determined makes an application within the prescribed time to the District Magistrate for reference to an arbitrator, compensation shall be such as determined by the arbitrator appointed by the District Magistrate.

Who may apply for reference to an arbitrator under the first proviso to Section 12-BCB(2)?

The owner of the vehicle, vessel or animal aggrieved by the amount of compensation determined.

Within what time shall application be made under the first proviso to Section 12-BCB(2)?

Within the prescribed time.

To whom shall application be made under the first proviso to Section 12-BCB(2)?

To the District Magistrate.

Who shall appoint the arbitrator under the first proviso to Section 12-BCB(2)?

The District Magistrate.

Who shall determine compensation upon reference under the first proviso to Section 12-BCB(2)?

The arbitrator appointed in this behalf by the District Magistrate.

What is the second proviso to Section 12-BCB(2)?

Where immediately before requisitioning the vehicle or vessel was in possession of a person other than the owner by virtue of a hire-purchase agreement, the total compensation shall be apportioned between that person and the owner.

When does the second proviso to Section 12-BCB(2) apply?

When immediately before requisitioning the vehicle or vessel was in possession of a person other than the owner under a hire-purchase agreement.

What amount shall be apportioned under the second proviso to Section 12-BCB(2)?

The total compensation payable in respect of the requisition.

Between whom shall compensation be apportioned under the second proviso to Section 12-BCB(2)?

Between the person in possession under the hire-purchase agreement and the owner.

How shall compensation be apportioned under the second proviso to Section 12-BCB(2)?

In such manner as the owner and such person may agree upon.

What shall happen in default of agreement under the second proviso to Section 12-BCB(2)?

Compensation shall be apportioned in such manner as an arbitrator appointed by the District Magistrate may decide.

Who shall appoint the arbitrator under the second proviso to Section 12-BCB(2)?

The District Magistrate.

What is the subject matter of Section 12-BCC?

Power to obtain information.

Which authority may obtain information under Section 12-BCC?

The District Magistrate.

For what purpose may information be obtained under Section 12-BCC?

With a view to requisitioning any property under section 12-BCA or determining compensation payable under section 12-BCB.

Which property-related purpose is covered under Section 12-BCC?

Requisitioning any property under section 12-BCA.

Which compensation-related purpose is covered under Section 12-BCC?

Determining compensation payable under section 12-BCB.

By what mode may the District Magistrate require information under Section 12-BCC?

By order.

Who may be required to furnish information under Section 12-BCC?

Any person.

To whom shall information be furnished under Section 12-BCC?

To such authority as may be specified in the order.

What information may be required under Section 12-BCC?

Such information in the possession of the person relating to such property as may be specified.

What condition applies to information sought under Section 12-BCC?

The information must be in the possession of the person.

How shall the authority receiving information be determined under Section 12-BCC?

As specified in the order.

How shall the information to be furnished be determined under Section 12-BCC?

As specified in the order.

What is the subject matter of Section 12-BCD?

Powers of entry into and inspection of premises etc.

Who may enter into and inspect premises under Section 12-BCD(1)?

Any person authorised in this behalf by the District Magistrate.

Which authority authorises entry and inspection under Section 12-BCD(1)?

The District Magistrate.

What may an authorised person do under Section 12-BCD(1)?

Enter into any premises and inspect such premises and any vehicle, vessel or animal therein.

What property may be inspected under Section 12-BCD(1)?

Premises and any vehicle, vessel or animal therein.

For what purpose may entry and inspection be made under Section 12-BCD(1)?

For determining whether and in what manner an order under section 12-BCA should be made.

In relation to what may an order under section 12-BCA be considered under Section 12-BCD(1)?

In relation to such premises, vehicle, vessel or animal.

For what additional purpose may entry and inspection be made under Section 12-BCD(1)?

With a view to securing compliance with any order made under section 12-BCA.

What meanings apply to expressions under Section 12-BCD(2)?

The expressions “premises” and “vehicle” shall have the same meanings as in section 12-BCA.

What is the meaning of “premises” under Section 12-BCD(2)?

It shall have the same meaning as in section 12-BCA.

What is the meaning of “vehicle” under Section 12-BCD(2)?

It shall have the same meaning as in section 12-BCA.

What is the subject matter of Section 12-BCE?

Eviction from requisitioned premises.

Who may be evicted under Section 12-BCE(1)?

Any person remaining in possession of any requisitioned premises in contravention of any order made under section 12-BCA.

When may eviction take place under Section 12-BCE(1)?

When possession of requisitioned premises is in contravention of an order made under section 12-BCA.

How may eviction be carried out under Section 12-BCE(1)?

Summarily.

Who may carry out eviction under Section 12-BCE(1)?

Any officer empowered by the District Magistrate in this behalf.

Which authority empowers the officer under Section 12-BCE(1)?

The District Magistrate.

What powers are conferred on the empowered officer under Section 12-BCE(2)?

The officer may remove or open any lock or bolt, break open any door of any building or do any other act necessary for effecting eviction.

What condition applies before exercising powers under Section 12-BCE(2)?

Reasonable warning and facility to withdraw shall be given to any woman not appearing in public.

To whom must warning and facility be given under Section 12-BCE(2)?

Any woman not appearing in public.

What may the empowered officer remove under Section 12-BCE(2)?

Any lock or bolt.

What may the empowered officer break open under Section 12-BCE(2)?

Any door of any building.

What additional action may the empowered officer take under Section 12-BCE(2)?

Any other act necessary for effecting eviction.

What is the subject matter of Section 12-BCF?

Release of premises from requisition.

When shall possession be delivered under Section 12-BCF(1)?

When any premises requisitioned under section 12-BCA are to be released from requisition.

To whom shall possession of requisitioned premises be delivered under Section 12-BCF(1)?

To the person from whom possession was taken at the time when the premises were requisitioned.

To whom shall possession be delivered if no such person exists under Section 12-BCF(1)?

To the person deemed by the District Magistrate to be the owner of such premises.

Who shall determine the owner under Section 12-BCF(1)?

The District Magistrate.

What is the effect of delivery of possession under Section 12-BCF(1)?

It shall be a full discharge of the District Magistrate from all liabilities in respect of such delivery.

Whether delivery of possession affects rights of other persons under Section 12-BCF(1)?

No, it shall not prejudice any rights in respect of the premises which any other person may enforce by due process of law.

Against whom may rights be enforced under Section 12-BCF(1)?

Against the person to whom possession of the premises is delivered.

By what process may rights be enforced under Section 12-BCF(1)?

By due process of law.

When shall the District Magistrate issue notice under Section 12-BCF(2)?

Where the person to whom possession is to be given cannot be found, is not readily ascertainable, or has no agent or person empowered to accept delivery on his behalf.

What shall the District Magistrate do under Section 12-BCF(2)?

Cause a notice declaring that the premises are released from requisition to be affixed and publish the notice in the Official Gazette.

What shall the notice under Section 12-BCF(2) declare?

That such premises are released from requisition.

Where shall notice be affixed under Section 12-BCF(2)?

On some conspicuous part of such premises.

Where shall notice be published under Section 12-BCF(2)?

In the Official Gazette.

What is the effect of publication of notice under Section 12-BCF(3)?

The premises specified in the notice shall cease to be subject to requisition and be deemed to have been delivered to the person entitled to possession.

From which date shall premises cease to be subject to requisition under Section 12-BCF(3)?

From the date of publication of the notice in the Official Gazette.

To whom shall premises be deemed delivered under Section 12-BCF(3)?

To the person entitled to possession thereof.

What liability ceases under Section 12-BCF(3)?

The District Magistrate shall not be liable for any compensation or other claim in respect of such premises.

For which period shall the District Magistrate not be liable under Section 12-BCF(3)?

For any period after the date of publication in the Official Gazette.

What is the subject matter of Section 12-BD?

Breaches of official duty in connection with elections.

Who shall be punishable under Section 12-BD(1)?

Any person to whom this section applies who is without reasonable cause guilty of any act or omission in breach of his official duty.

What is the condition for punishment under Section 12-BD(1)?

The person must be without reasonable cause guilty of an act or omission in breach of official duty.

What is the punishment under Section 12-BD(1)?

Fine which may extend to five hundred rupees.

What is the maximum fine under Section 12-BD(1)?

Five hundred rupees.

What is the nature of offence under Section 12-BD(2)?

An offence punishable under sub-section (1) shall be cognizable.

Which offence is cognizable under Section 12-BD(2)?

The offence punishable under sub-section (1).

What legal bar is created under Section 12-BD(3)?

No suit or other legal proceedings shall lie against such person for damages in respect of such act or omission.

Against whom does the bar under Section 12-BD(3) apply?

Against any person to whom this section applies.

In respect of what shall no suit or legal proceeding lie under Section 12-BD(3)?

Damages in respect of such act or omission.

To whom does Section 12-BD apply under Section 12-BD(4)?

Nirvachan Adhikaris, Sahayak Nirvachan Adhikari, Matdan Adhyakshas, Matdan Adhikaris and any other person appointed to perform election duties specified therein.

Who are included under Section 12-BD(4)?

Nirvachan Adhikaris.

Who are included under Section 12-BD(4)?

Sahayak Nirvachan Adhikaris.

Who are included under Section 12-BD(4)?

Matdan Adhyakshas.

Who are included under Section 12-BD(4)?

Matdan Adhikaris.

What other persons are covered under Section 12-BD(4)?

Any person appointed to perform duties in connection with receipt of nominations, withdrawal of candidature, recording of votes or counting of votes at an election.

For which duties may a person be appointed under Section 12-BD(4)?

Duties connected with receipt of nominations.

For which duties may a person be appointed under Section 12-BD(4)?

Duties connected with withdrawal of candidature.

For which duties may a person be appointed under Section 12-BD(4)?

Duties connected with recording of votes.

For which duties may a person be appointed under Section 12-BD(4)?

Duties connected with counting of votes at an election.

How shall the expression “official duty” be construed under Section 12-BD(4)?

In accordance with duties referred to in this section.

What duties are excluded from the expression “official duty” under Section 12-BD(4)?

Duties imposed otherwise than by or under this Act.

What is the subject matter of Section 12-C?

Application for questioning the elections.

How may the election of a person as Pradhan [x x x] or member of a Gram Panchayat be questioned under Section 12-C(1)?

Only by an application presented to such authority within such time and in such manner as may be prescribed.

Which elections may be questioned under Section 12-C(1)?

Election of a person as Pradhan [x x x] or as member of a Gram Panchayat [x x x].

To whom shall application under Section 12-C(1) be presented?

To such authority as may be prescribed.

Within what time shall application under Section 12-C(1) be presented?

Within such time as may be prescribed.

In what manner shall application under Section 12-C(1) be presented?

In such manner as may be prescribed.

On what ground may election be questioned under Section 12-C(1)(a)?

That the election has not been a free election by reason that corrupt practice of bribery or undue influence has extensively prevailed.

What effect of bribery or undue influence is required under Section 12-C(1)(a)?

The election must not have been a free election.

What corrupt practices are relevant under Section 12-C(1)(a)?

Bribery or undue influence.

On what ground may election be questioned under Section 12-C(1)(b)?

That the result of the election has been materially affected.

When is the result materially affected under Section 12-C(1)(b)(i)?

By the improper acceptance or rejection of any nomination.

When is the result materially affected under Section 12-C(1)(b)(ii)?

By gross failure to comply with the provisions of this Act or the rules framed thereunder.

What shall be deemed to be corrupt practices under Section 12-C(2)?

Bribery and undue influence.

What is bribery under Section 12-C(2)(A)(1)?

Any gift, offer or promise by a candidate or by any other person with the connivance of a candidate of any gratification to any person with specified objects.

Who may commit bribery under Section 12-C(2)(A)(1)?

A candidate or any other person with the connivance of a candidate.

What constitutes gratification under Section 12-C(2)(A)(1)?

Any gift, offer or promise.

For what purpose is gratification given under Section 12-C(2)(A)(1)(a)?

To induce a person to stand or not to stand as or to withdraw from being a candidate at an election.

What conduct relating to candidature constitutes bribery under Section 12-C(2)(A)(1)(a)?

Inducing a person to stand, not stand, or withdraw candidature.

For what purpose is gratification given under Section 12-C(2)(A)(1)(b)?

To induce an elector to vote or refrain from voting at an election.

What electoral conduct constitutes bribery under Section 12-C(2)(A)(1)(b)?

Inducing an elector to vote or refrain from voting.

When does reward constitute bribery under Section 12-C(2)(A)(1)(i)?

As reward to a person for having stood, not stood or withdrawn candidature.

When does reward constitute bribery under Section 12-C(2)(A)(1)(ii)?

As reward to an elector for having voted or refrained from voting.

What is undue influence under Section 12-C(2)(B)?

Any direct or indirect interference or attempt to interfere by a candidate or any other person with the connivance of the candidate with the free exercise of any electoral right.

Who may commit undue influence under Section 12-C(2)(B)?

A candidate or any other person with the connivance of the candidate.

What is the object of undue influence under Section 12-C(2)(B)?

Interference with the free exercise of any electoral right.

What is the proviso to Section 12-C(2)(B)?

Certain acts shall be deemed to interfere with free exercise of electoral rights.

What threat amounts to undue influence under the proviso to Section 12-C(2)(B)(i)?

Threatening any candidate, elector or any person in whom they are interested with injury including social ostracism, ex-communication or expulsion from caste or community.

Who may be threatened under Section 12-C(2)(B)(i)?

Any candidate, elector or any person in whom a candidate or elector is interested.

What types of injury are included under Section 12-C(2)(B)(i)?

Injury of any kind including social ostracism, ex-communication or expulsion from any caste or community.

What inducement amounts to undue influence under Section 12-C(2)(B)(ii)?

Inducing or attempting to induce a candidate or elector to believe that he or any person in whom he is interested will become or be rendered an object of divine displeasure or spiritual censure.

What shall such conduct be deemed to constitute under the proviso to Section 12-C(2)(B)?

Interference with the free exercise of electoral rights.

Who may present an application under Section 12-C(3)?

Any candidate at the election or any elector.

What shall an application under Section 12-C(3) contain?

Such particulars as may be prescribed.

Who shall be deemed to be a candidate at the election under the Explanation to Section 12-C?

Any person who filed a nomination paper at the election whether such nomination paper was accepted or rejected.

Whether a person whose nomination paper was rejected shall be deemed to be a candidate under the Explanation to Section 12-C?

Yes, such person shall be deemed to be a candidate at the election.

Whether acceptance of nomination is necessary to become a candidate under the Explanation to Section 12-C?

No, filing of nomination paper is sufficient.

What powers shall the authority hearing the application possess under Section 12-C(4)?

Such powers and authority as may be prescribed.

In respect of what matters shall powers be exercised under Section 12-C(4)(i)?

Hearing of the application and procedure to be followed at such hearing.

What procedure shall be followed under Section 12-C(4)(i)?

Such procedure as may be prescribed.

In respect of what reliefs may powers be exercised under Section 12-C(4)(ii)?

Setting aside the election, declaring the election void, declaring the applicant duly elected or granting any other relief.

What election-related relief may be granted under Section 12-C(4)(ii)?

Setting aside the election.

What declaration may be made under Section 12-C(4)(ii)?

Declaring the election to be void.

What declaration in favour of the applicant may be made under Section 12-C(4)(ii)?

Declaring the applicant to be duly elected.

What other relief may be granted under Section 12-C(4)(ii)?

Any other relief as may be prescribed.

What power may rules confer under Section 12-C(5)?

Power for summary hearing and disposal of an application under sub-section (1).

Whether Section 12-C(5) limits powers under Section 12-C(4)?

No, it is without prejudice to the generality of powers under sub-section (4).

Who may apply for revision under Section 12-C(6)?

Any party aggrieved by an order of the prescribed authority upon an application under sub-section (1).

To whom shall revision application be made under Section 12-C(6)?

To the District Judge.

Within what time shall revision application be filed under Section 12-C(6)?

Within thirty days from the date of the order.

For what purpose may revision be sought under Section 12-C(6)?

For revision of such order.

On what ground may revision be sought under Section 12-C(6)(a)?

That the prescribed authority has exercised a jurisdiction not vested in it by law.

On what ground may revision be sought under Section 12-C(6)(b)?

That the prescribed authority has failed to exercise a jurisdiction vested in it.

On what ground may revision be sought under Section 12-C(6)(c)?

That the prescribed authority has acted in exercise of jurisdiction illegally or with material irregularity.

How may the District Judge dispose of revision under Section 12-C(7)?

The District Judge may dispose of it himself or assign it for disposal.

To whom may the District Judge assign revision under Section 12-C(7)?

To any Additional District Judge, Civil Judge or Additional Civil Judge under his administrative control.

What additional powers does the District Judge have under Section 12-C(7)?

To recall the matter from such officer or transfer it to any other such officer.

Which authority shall follow prescribed procedure under Section 12-C(8)?

The revising authority mentioned in sub-section (7).

What procedure shall be followed under Section 12-C(8)?

Such procedure as may be prescribed.

What orders may the revising authority pass under Section 12-C(8)?

It may confirm, vary or rescind the order of the prescribed authority.

What remand power is conferred under Section 12-C(8)?

The revising authority may remand the case to the prescribed authority for re-hearing.

What interim power is conferred under Section 12-C(8)?

Pending decision, the revising authority may pass such interim orders as may appear just and convenient.

What is the finality provision under Section 12-C(9)?

The decision of the prescribed authority subject to revisional order and every decision of the revising authority shall be final.

Subject to what shall the decision of the prescribed authority be final under Section 12-C(9)?

Subject to any order passed by the revising authority under this section.

Which decisions are final under Section 12-C(9)?

Every decision of the revising authority passed under this section.

What is the subject matter of Section 12-D?

Omitted.

What is the status of Section 12-D?

Omitted.

What is the subject matter of Section 12-E?

Oath of office.

Who shall make and subscribe oath or affirmation under Section 12-E(1)?

Every person entering upon any office referred to in sections 11-A, 12, 43 or 44.

When shall oath or affirmation be made under Section 12-E(1)?

Before entering upon the office.

For which offices is oath required under Section 12-E(1)?

Offices referred to in sections 11-A, 12, 43 or 44.

Before whom shall oath or affirmation be made under Section 12-E(1)?

Before such authority as may be prescribed.

In what form shall oath or affirmation be made under Section 12-E(1)?

In the form prescribed.

Whether oath may be substituted by affirmation under Section 12-E(1)?

Yes, oath or affirmation may be made.

What is the consequence of refusal to make oath under Section 12-E(2)?

The member shall be deemed to have vacated the office forthwith.

Who shall be deemed to have vacated office under Section 12-E(2)?

Any member who declines or otherwise refuses to make and subscribe oath or affirmation.

When shall office be deemed vacated under Section 12-E(2)?

Forthwith.

What is the subject matter of Section 12-F?

Resignation.

Who may resign under Section 12-F?

A Pradhan, [x x x] or a member of a Gram Panchayat.

How may resignation be made under Section 12-F?

By writing under his hand.

To whom shall resignation be addressed under Section 12-F?

To such authority as may be prescribed.

What is the consequence of resignation under Section 12-F?

The office shall thereupon become vacant.

What is the subject matter of Section 12-G?

Omitted.

What is the status of Section 12-G?

Omitted.

What is the subject matter of Section 12-H?

Casual vacancies.

When does a casual vacancy arise under Section 12-H?

By death, removal, resignation, voidance of selection or refusal to take oath of office.

Which offices are covered under Section 12-H?

Office of the Pradhan, [x x x] or member of a Gram Panchayat.

Within what period shall casual vacancy be filled under Section 12-H?

Before expiration of six months from the date of such vacancy.

For what period shall vacancy be filled under Section 12-H?

For the remainder of the term.

In what manner shall casual vacancy be filled under Section 12-H?

As far as may be, in the manner provided in section 11-B, 11-C or 12, as the case may be.

What is the proviso to Section 12-H?

If on the date of occurrence of vacancy the residue of the term of the Gram Panchayat is less than six months, the vacancy shall not be filled.

When shall vacancy not be filled under the proviso to Section 12-H?

When the residue of the term of the Gram Panchayat is less than six months.

What is the subject matter of Section 12-I?

Jurisdiction of Civil Courts in election matters barred.

What jurisdiction is barred under Section 12-I?

Civil Court jurisdiction to question legality of actions or decisions connected with conduct of elections.

What actions cannot be questioned under Section 12-I?

Any action taken under this Act in connection with conduct of elections.

What decisions cannot be questioned under Section 12-I?

Any decision given by an officer or authority appointed under this Act in connection with conduct of elections.

Which authority's decisions are protected under Section 12-I?

Decisions of an officer or authority appointed under this Act.

What is the subject matter of Section 12-J?

Temporary arrangement in certain case.

When may temporary arrangement be made under Section 12-J?

When the office of Pradhan is vacant by death, removal, resignation or otherwise, or when the Pradhan is incapable to act due to absence, illness or any reason whatsoever.

Which authority shall make temporary arrangement under Section 12-J?

The prescribed authority.

Whom may the prescribed authority nominate under Section 12-J?

A member of the Gram Panchayat.

For what purpose shall nomination be made under Section 12-J?

To discharge duties and exercise powers of Pradhan.

Until when shall nominated member act under Section 12-J?

Until the vacancy in the office of Pradhan is filled or until incapacity of Pradhan is removed.

What is the subject matter of Section 12-K?

Omitted.

What is the status of Section 12-K?

Omitted.

What is the subject matter of Section 13?

Omitted.

What is the status of Section 13?

Omitted.

What is the subject matter of Section 14?

Removal of Pradhan

Who may remove the Pradhan under Section 14(1)?

The Gram Sabha.

At what meeting may the Pradhan be removed under Section 14(1)?

At a meeting specially convened for the purpose.

What notice period is required under Section 14(1)?

At least 15 days previous notice shall be given.

How may the Pradhan be removed under Section 14(1)?

By a majority of two-thirds of the members of the Gram Sabha present and voting.

What majority is required for removal of Pradhan under Section 14(1)?

Two-thirds majority of the members of the Gram Sabha present and voting.

Who shall vote for removal under Section 14(1)?

Members of the Gram Sabha present and voting.

What is the quorum for meeting under Section 14(1-A)?

One-third of the members of the Gram Sabha.

Notwithstanding which provision does Section 14(1-A) apply?

Notwithstanding anything contained in section 11.

For which meeting does quorum under Section 14(1-A) apply?

Meeting under sub-section (1).

When shall a meeting for removal of Pradhan not be convened under Section 14(2)?

Within two years of his election.

What is the minimum period after election for convening removal meeting under Section 14(2)?

Two years.

What is the consequence if the motion is not taken up for want of quorum under Section 14(3)?

No subsequent meeting for removal of the same Pradhan shall be convened within one year from the date of the previous meeting.

What is the consequence if the motion fails for lack of requisite majority under Section 14(3)?

No subsequent meeting for removal of the same Pradhan shall be convened within one year from the date of the previous meeting.

Within what period shall no subsequent meeting be convened under Section 14(3)?

Within one year from the date of the previous meeting.

For whose removal is subsequent meeting barred under Section 14(3)?

For removal of the same Pradhan.

What procedure shall apply under Section 14(4)?

Subject to this section, the procedure for removal of a Pradhan including procedure to be followed at such meeting shall be as prescribed.

What matters are governed by prescription under Section 14(4)?

Procedure for removal of Pradhan and procedure to be followed at such meeting.

What is the subject matter of Section 14-A?

Punishment for failure to handover records, etc.

What is the obligation under Section 14-A?

Outgoing Pradhan’s obligation to deliver records and money of Gram Sabha.

Who is liable under Section 14-A(1)?

Any person on ceasing to act as Pradhan of a Gram Panchayat.

When does liability arise under Section 14-A(1)?

When such person wilfully fails to hand over records, money or other property despite being required by the prescribed authority.

Who may require handover under Section 14-A(1)?

The prescribed authority.

What shall be handed over under Section 14-A(1)?

All records, money or other property of Gram Panchayat.

To whom shall records, money or property be handed over under Section 14-A(1)?

To his successor or to any person authorised in this behalf by the prescribed authority.

Who may authorise a person to receive records under Section 14-A(1)?

The prescribed authority.

What is the punishment under Section 14-A(1)?

Imprisonment which may extend to three years or with fine or with both.

What is the maximum imprisonment under Section 14-A(1)?

Three years.

Whether fine may also be imposed under Section 14-A(1)?

Yes, fine or both imprisonment and fine may be imposed.

What is the recovery provision under Section 14-A(2)?

Any such money may be recovered as arrears of land revenue.

Whether Section 14-A(2) affects punishment under Section 14-A(1)?

No, it is without prejudice to the provisions of sub-section (1).

By what document may recovery be initiated under Section 14-A(2)?

On a certificate issued in that behalf by the prescribed authority.

Which authority shall issue certificate under Section 14-A(2)?

The prescribed authority.

How shall money be recovered under Section 14-A(2)?

As arrears of land revenue.

What is the subject matter of Section 14-B?

Omitted.

What is the status of Section 14-B?

Omitted.

CHAPTER IV

POWERS, DUTIES, FUNCTIONS AND ADMINISTRATION OF GRAM PANCHAYATS

What is the subject matter of Section 15?

Functions of Gram Panchayat.

Subject to what shall a Gram Panchayat perform functions under Section 15?

Subject to such conditions as may be specified by the State Government from time to time.

Which authority may specify conditions under Section 15?

The State Government.

When may conditions be specified under Section 15?

From time to time.

What are the functions of Gram Panchayat relating to agriculture under Section 15(i)?

Agriculture including agricultural extension.

What function is provided under Section 15(i)(a)?

Promotion and development of agriculture and horticulture.

What function is provided under Section 15(i)(b)?

Development of wastelands and grazing lands and preventing their unauthorised alienation and use.

What are the functions of Gram Panchayat relating to land under Section 15(ii)?

Land development, land reform implementation, land consolidation and soil conservation.

What function is provided under Section 15(ii)(a)?

Assisting the Government and other agencies in land development, land reform and soil conservation.

Whom may the Gram Panchayat assist under Section 15(ii)(a)?

The Government and other agencies.

What function is provided under Section 15(ii)(b)?

Assisting in land consolidation.

What are the functions of Gram Panchayat relating to irrigation under Section 15(iii)?

Minor irrigation, water management and watershed development.

What function is provided under Section 15(iii)(a)?

Managing and assisting in water distribution from minor irrigation projects.

What function is provided under Section 15(iii)(b)?

Construction, repair and maintenance of minor irrigation projects and regulation of supply of water for irrigation purpose.

What are the functions of Gram Panchayat relating to animal husbandry under Section 15(iv)?

Animal husbandry, dairying and poultry.

What function is provided under Section 15(iv)(a)?

Improving breed of cattle, poultry and other live-stock.

What function is provided under Section 15(iv)(b)?

Promotion of dairying, poultry, piggery etc.

What are the functions of Gram Panchayat relating to fisheries under Section 15(v)?

Development of fisheries in the villages.

What are the functions of Gram Panchayat relating to forestry under Section 15(vi)?

Social and farm forestry.

What function is provided under Section 15(vi)(a)?

Planting and preserving trees on the sides of roads and public lands.

What function is provided under Section 15(vi)(b)?

Development and promotion of social and farm forestry and sericulture.

What are the functions of Gram Panchayat relating to minor forest produce under Section 15(vii)?

Promotion and development of minor forest produce.

What are the functions of Gram Panchayat relating to small industries under Section 15(viii)?

Small industries.

What function is provided under Section 15(viii)(a)?

Assisting the development of small industries.

What function is provided under Section 15(viii)(b)?

Promotion of local trades.

What are the functions of Gram Panchayat relating to cottage and village industries under Section 15(ix)?

Cottage and village industries.

What function is provided under Section 15(ix)(a)?

Assisting in the development of agricultural and commercial industries.

What function is provided under Section 15(ix)(b)?

Promotion of cottage industries.

What are the functions of Gram Panchayat relating to rural housing under Section 15(x)?

Rural housing.

What function is provided under Section 15(x)(a)?

Implementation of rural housing programmes.

What function is provided under Section 15(x)(b)?

Distributing house sites and maintenance of records relating to them.

What are the functions of Gram Panchayat relating to drinking water under Section 15(xi)?

Construction, repair and maintenance of public wells, tanks and ponds for supply of water for drinking, washing, bathing purposes and regulation of sources of water supply for drinking purposes.

What are the functions of Gram Panchayat relating to fuel and fodder land under Section 15(xii)?

Fuel and fodder land.

What function is provided under Section 15(xii)(a)?

Development of grass and plants relating to fuel and fodder land.

What function is provided under Section 15(xii)(b)?

Control on irregular transfer of fodder land.

What are the functions of Gram Panchayat relating to communication under Section 15(xiii)?

Roads, culverts, bridges, ferries, water-ways and other means of communication.

What function is provided under Section 15(xiii)(a)?

Construction and maintenance of village roads, bridges, ferries and culverts.

What function is provided under Section 15(xiii)(b)?

Maintenance of water-ways.

What function is provided under Section 15(xiii)(c)?

Removal of encroachment on public places.

What are the functions of Gram Panchayat relating to rural electrification under Section 15(xiv)?

Provision for and maintenance of lighting of public street and other places.

What function is provided under Section 15(xiv)?

Provision for and maintenance of lighting of public street and other places.

What are the functions of Gram Panchayat relating to non-conventional energy source under Section 15(xv)?

Promotion and development of programmes of non-conventional energy source and its maintenance in village.

What function is provided under Section 15(xv)?

Promotion and development of programmes of non-conventional energy source and its maintenance in village.

What are the functions of Gram Panchayat relating to poverty alleviation programmes under Section 15(xvi)?

Promotion and implementation of poverty alleviation programmes.

What function is provided under Section 15(xvi)?

Promotion and implementation of poverty alleviation programmes.

What are the functions of Gram Panchayat relating to education under Section 15(xvii)?

Education including primary and secondary schools.

What function is provided under Section 15(xvii)?

Public awareness about education.

What are the functions of Gram Panchayat relating to technical training and vocational education under Section 15(xviii)?

Technical training and vocational education.

What function is provided under Section 15(xviii)?

Promotion of rural art artisans.

What are the functions of Gram Panchayat relating to adult and informal education under Section 15(xix)?

Adult and informal education.

What function is provided under Section 15(xix)?

Promotion of adult literacy.

What are the functions of Gram Panchayat relating to library under Section 15(xx)?

Library.

What function is provided under Section 15(xx)?

Establishment and maintenance of libraries and reading rooms.

What are the functions of Gram Panchayat relating to sports and cultural affairs under Section 15(xxi)?

Sports and cultural affairs.

What function is provided under Section 15(xxi)(a)?

Promotion of social and cultural activities.

What function is provided under Section 15(xxi)(b)?

Organising cultural seminars on different festivals.

What function is provided under Section 15(xxi)(c)?

Establishment and maintenance of rural clubs for sports.

What are the functions of Gram Panchayat relating to melas and fairs under Section 15(xxii)?

Regulation of melas, markets and hats in Panchayat areas.

What function is provided under Section 15(xxii)?

Regulation of melas, markets and hats in Panchayat areas.

What are the functions of Gram Panchayat relating to medical and sanitation under Section 15(xxiii)?

Medical and sanitation.

What function is provided under Section 15(xxiii)(a)?

Promoting rural sanitation.

What function is provided under Section 15(xxiii)(b)?

Prevention against epidemics.

What function is provided under Section 15(xxiii)(c)?

Programmes of human and animal vaccination.

What function is provided under Section 15(xxiii)(d)?

Preventive actions against stray cattle and live-stock.

What function is provided under Section 15(xxiii)(e)?

Registering births, deaths and marriages.

What are the functions of Gram Panchayat relating to family welfare under Section 15(xxiv)?

Promotion and implementation of family welfare programmes.

What function is provided under Section 15(xxiv)?

Promotion and implementation of family welfare programmes.

What are the functions of Gram Panchayat relating to plan for economic development under Section 15(xxv)?

Preparation of plan for economic development of the area of the Gram Panchayat.

What function is provided under Section 15(xxv)?

Preparation of plan for economic development of the area of the Gram Panchayat.

What are the functions of Gram Panchayat relating to maternity and child development under Section 15(xxvi)?

Maternity and child development.

What function is provided under Section 15(xxvi)(a)?

Participation in the implementation of women and child welfare programmes at Gram Panchayat level.

What function is provided under Section 15(xxvi)(b)?

Promoting child health and nutrition programmes.

What are the functions of Gram Panchayat relating to social welfare under Section 15(xxvii)?

Social welfare including welfare of the handicapped and mentally retarded.

What function is provided under Section 15(xxvii)(a)?

Assisting in old-age and widow pension schemes.

What function is provided under Section 15(xxvii)(b)?

Participation in social welfare programmes including welfare of the handicapped and mentally retarded.

What are the functions of Gram Panchayat relating to welfare of weaker sections under Section 15(xxviii)?

Welfare of the weaker sections and in particular of the Scheduled Castes and the Scheduled Tribes.

What function is provided under Section 15(xxviii)(a)?

Participation in implementation of specific programmes for the Scheduled Castes, the Scheduled Tribes and other weaker sections of society.

What function is provided under Section 15(xxviii)(b)?

Preparation and implementation of schemes for social justice.

What are the functions of Gram Panchayat relating to public distribution system under Section 15(xxix)?

Public distribution system.

What function is provided under Section 15(xxix)(a)?

Promotion of public awareness with regard to the distribution of essential commodities.

What function is provided under Section 15(xxix)(b)?

Monitoring the public distribution system.

What are the functions of Gram Panchayat relating to maintenance of community assets under Section 15(xxx)?

Maintenance of community assets.

What function is provided under Section 15(xxx)?

Preservation and maintenance of community assets.

What is the subject matter of Section 15-A?

Preparation of plan.

Who shall prepare the development plan under Section 15-A?

A Gram Panchayat.

How frequently shall development plan be prepared under Section 15-A?

Every year.

For which area shall development plan be prepared under Section 15-A?

For the Panchayat area.

To whom shall development plan be submitted under Section 15-A?

To the Kshettra Panchayat concerned.

When shall development plan be submitted under Section 15-A?

Before such date as may be prescribed.

In what form shall development plan be submitted under Section 15-A?

In such form as may be prescribed.

In what manner shall development plan be submitted under Section 15-A?

In such manner as may be prescribed.

What is the subject matter of Section 16?

Functions that may be assigned in Gram Panchayat.

Which authority may assign functions under Section 16?

The State Government.

By what mode may functions be assigned under Section 16?

By notification.

Subject to what shall functions be assigned under Section 16?

Subject to such conditions as may be specified therein.

To whom may functions be assigned under Section 16?

To Gram Panchayats.

What functions may be assigned under Section 16?

Any or all of the functions specified in clauses (a), (b) and (c).

What function may be assigned under Section 16(a)?

Management and maintenance of a forest situated in the Panchayat area.

Which forest may be managed under Section 16(a)?

A forest situated in the Panchayat area.

What function may be assigned under Section 16(b)?

Management of wastelands, pasture lands or vacant lands belonging to the Government situated within the Panchayat area.

Which lands may be managed under Section 16(b)?

Wastelands, pasture lands or vacant lands belonging to the Government situated within the Panchayat area.

What function may be assigned under Section 16(c)?

Collection of any tax or land revenue and maintenance of related records.

What records may be maintained under Section 16(c)?

Records relating to collection of tax or land revenue.

What is the subject matter of Section 16-A?

Power to make contributions for organisations, etc. outside jurisdiction.

Which authority may make contributions under Section 16-A?

A Gram Panchayat.

For whom may contributions be made under Section 16-A?

For such organisations, institutions and functions outside the jurisdiction of the Gram Panchayat.

For what amount may contributions be made under Section 16-A?

Such amounts as the State Government may permit.

Outside whose jurisdiction may contributions be made under Section 16-A?

Outside the jurisdiction of the Gram Panchayat.

Which authority may permit contributions under Section 16-A?

The State Government.

By what mode may permission be granted under Section 16-A?

By general or special order.

What is the subject matter of Section 17?

Power of Gram Panchayats as to public streets, waterways and other matters.

What control shall a Gram Panchayat have under Section 17?

Control of all public streets and waterways situate within its jurisdiction.

Which waterways are excluded from Section 17?

Canals as defined in sub-section (1) of section 3 of the Northern India Canal and Drainage Act, 1873.

What other properties are excluded from control under Section 17?

Private streets or waterways and those under the control of the State Government, district Board or any authority specified by the State Government.

What powers does Gram Panchayat have regarding public streets and waterways under Section 17?

It may do all things necessary for maintenance and repair thereof.

What power is conferred under Section 17(a)?

To construct new bridges or culverts.

What power is conferred under Section 17(b)?

To divert, discontinue or close any public street, culvert or bridge.

What power is conferred under Section 17(c)?

To widen, open, enlarge or otherwise improve any public street, culvert or bridge with minimum damage to neighbouring fields.

What condition applies under Section 17(c)?

Improvement shall be made with minimum damage to neighbouring fields.

What power is conferred under Section 17(d)?

To deepen or otherwise improve waterways.

What power is conferred under Section 17(e)?

To undertake small irrigation projects in addition to those specified by order under clause (u) of section 15.

What sanction is required under Section 17(e)?

Sanction of the prescribed authority.

What additional sanction is required under Section 17(e) where a canal exists?

Sanction of such officer of the Irrigation Department as the State Government may prescribe.

Under which Act must canal exist for additional sanction under Section 17(e)?

The Northern India Canal and Drainage Act, 1873.

What projects may be undertaken under Section 17(e)?

Small irrigation projects.

In addition to which projects may projects be undertaken under Section 17(e)?

Those specified by order under clause (u) of section 15.

What power is conferred under Section 17(f)?

To cut any hedge or branch of any tree projecting on a public street.

What power is conferred under Section 17(g)?

To notify the setting apart of any public watercourse for drinking or culinary purposes and prohibit specified acts.

For what purposes may public watercourse be set apart under Section 17(g)?

Drinking or culinary purposes.

What acts may be prohibited under Section 17(g)?

Bathing, washing of clothes and animals or doing other acts likely to pollute the course.

What is the proviso to Section 17(g)?

Nothing shall be done which may affect a canal governed by the Northern India Canal and Drainage Act, 1873 without prior permission of the authority prescribed by the State Government.

Which canal is protected under the proviso to Section 17(g)?

Canal governed by the Northern India Canal and Drainage Act, 1873.

What permission is required under the proviso to Section 17(g)?

Prior permission of the authority prescribed by the State Government.

What is the subject matter of Section 18?

Improvement of sanitation.

For what purpose may powers under Section 18 be exercised?

For the improvement of sanitation.

Which authority may issue directions under Section 18?

A Gram Panchayat.

By what mode may directions be issued under Section 18?

By notice.

To whom may notice under Section 18 be issued?

To the owner or occupier of any land or building.

What factors shall be considered before issuing notice under Section 18?

Financial position of the owner or occupier and reasonable time for compliance.

What time must be given under Section 18?

Reasonable time for compliance.

What direction may be issued under Section 18(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.

What structures may be dealt with under Section 18(a)?

Any latrine, urinal, water-closet, drain, cesspool or other receptacle for filth, sullage-water, rubbish or refuse.

What additional direction may be issued under Section 18(a)?

To remove or alter any door or trap or construct any drain for such latrine, urinal or water-closet opening on to a street or drain.

When may door, trap or drain be altered under Section 18(a)?

When the latrine, urinal or water-closet opens on to a street or drain.

What enclosure may be directed under Section 18(a)?

To shut off such latrine, urinal or water-closet by sufficient roof and wall or fence from public view.

From whose view shall enclosure be made under Section 18(a)?

From persons passing by or dwelling in the neighbourhood.

What direction may be issued under Section 18(b)?

To cleanse, repair, cover, fill up, drain off, deepen or remove water from a private well, tank, reservoir, pool, pit, depression or excavation.

Which places are covered under Section 18(b)?

Private well, tank, reservoir, pool, pit, depression or excavation.

When may action be directed under Section 18(b)?

When such place appears to the Gram Panchayat to be injurious to health or offensive to the neighbourhood.

What direction may be issued under Section 18(c)?

To clear off any vegetation, undergrowth, prickly pear or shrub-jungle.

What direction may be issued under Section 18(d)?

To remove any dirt, dung, nightsoil, manure or noxious or offensive matter and cleanse the land or building.

What substances may be removed under Section 18(d)?

Dirt, dung, nightsoil, manure or any noxious or offensive matter.

What is the proviso to Section 18?

A person served notice under clause (b) may appeal against the notice.

Who may appeal under the proviso to Section 18?

A person on whom notice under clause (b) is served.

Within what time may appeal be filed under the proviso to Section 18?

Within 30 days of receipt of the notice.

To whom shall appeal be made under the proviso to Section 18?

To the District Medical Officer of Health.

What powers does the District Medical Officer of Health have under the proviso to Section 18?

To vary, set aside or confirm the notice.

What is the subject matter of Section 19?

Maintenance and improvement of schools and hospitals.

What duties and powers does a Gram Panchayat have under Section 19(1)?

Duties and powers relating to maintenance, establishment and improvement of schools, hospitals and dispensaries.

What shall a Gram Panchayat maintain under Section 19(1)(a)?

Any existing primary school including the buildings and furniture thereof.

Subject to what shall a Gram Panchayat maintain a school under Section 19(1)(a)?

Subject to rules regarding curriculum, employment and qualification of teachers and supervision of a school.

Which matters may be regulated by rules under Section 19(1)(a)?

Curriculum, employment and qualification of teachers and supervision of a school.

For what shall the Gram Panchayat be responsible under Section 19(1)(a)?

Proper working of the existing primary school.

What additional powers are conferred under Section 19(1)(a)?

To establish and maintain a new school or improve any existing school.

What school may be established under Section 19(1)(a)?

A new school.

What school may be improved under Section 19(1)(a)?

Any existing school.

What shall a Gram Panchayat maintain under Section 19(1)(b)?

Any existing Ayurvedic, Homoeopathic or Unani hospital or dispensary including the building and equipments thereof.

Subject to what shall hospital or dispensary be maintained under Section 19(1)(b)?

Subject to rules regarding establishment, maintenance and supervision.

Which matters may be regulated by rules under Section 19(1)(b)?

Establishment, maintenance and supervision.

What additional powers are conferred under Section 19(1)(b)?

To establish and maintain a new hospital or dispensary.

For which systems of medicine may a hospital or dispensary be established under Section 19(1)(b)?

One or more of Ayurvedic, Homoeopathic or Unani systems of medicine.

What shall be included in maintenance of existing hospital or dispensary under Section 19(1)(b)?

Buildings and equipments thereof.

Which authorities shall make grants under Section 19(2)?

The district board and the State Government.

For what purpose shall grants be made under Section 19(2)?

For such school, hospital or dispensary.

How shall grants be made under Section 19(2)?

As may be prescribed.

What is the subject matter of Section 19A?

Omitted.

What is the status of Section 19A?

Omitted.

What is the subject matter of Section 20?

Establishment of primary school, hospital, dispensary, road or bridge for a group of Gram Panchayat.

When does Section 20 apply?

Where a group of neighbouring Gram Panchayats has no primary school or Ayurvedic, Homoeopathic or Unani hospital or dispensary, or needs a road or bridge for common benefit.

Which Gram Panchayats are covered under Section 20?

A group of neighbouring Gram Panchayats.

What institutions are covered under Section 20?

Primary school or Ayurvedic, Homoeopathic or Unani hospital or dispensary.

What infrastructure is covered under Section 20?

Road or bridge for common benefit.

Who may direct action under Section 20?

The prescribed authority.

What shall Gram Panchayats do when directed under Section 20?

Combine to establish and maintain such school, hospital or dispensary or construct and maintain a road or bridge.

What shall neighbouring Gram Panchayats establish under Section 20?

Such school, hospital or dispensary.

What shall neighbouring Gram Panchayats construct under Section 20?

A road or bridge.

What shall neighbouring Gram Panchayats maintain under Section 20?

Such school, hospital, dispensary, road or bridge.

How shall management and financing be done under Section 20?

In the manner prescribed.

Which authorities shall make grants under Section 20?

The State Government and the Zila Parishad.

For what purpose shall grants be made under Section 20?

For such school, hospital, dispensary, road or bridge.

How shall grants be made under Section 20?

As may be prescribed.

What is the subject matter of Section 21?

Assistance to Government servants.

Which authority shall provide assistance under Section 21?

A Gram Panchayat.

To whom shall assistance be provided under Section 21?

A State Government servant.

When shall assistance be provided under Section 21?

If so prescribed by the State Government.

For what purpose shall assistance be provided under Section 21?

In the performance of his duties.

Within which area shall assistance be provided under Section 21?

Within the area of the Gram Panchayat.

What is the subject matter of Section 22?

Representations and recommendations by Gram Panchayats.

Which authority may make representations and recommendations under Section 22?

A Gram Panchayat.

To whom may representation or recommendation be made under Section 22?

To the proper authority.

What representation may be made under Section 22(a)?

Any representation concerning the welfare of persons residing within its jurisdiction.

For whose welfare may representation be made under Section 22(a)?

Persons residing within the jurisdiction of the Gram Panchayat.

What recommendation may be made under Section 22(b)?

Recommendation as to appointment, transfer or dismissal of specified officials.

In respect of whose appointment may recommendation be made under Section 22(b)?

A patrol of the Irrigation Department, patwari or lekhpal, village chaukidar or mukhia.

In respect of whose transfer may recommendation be made under Section 22(b)?

A patrol of the Irrigation Department, patwari or lekhpal, village chaukidar or mukhia.

In respect of whose dismissal may recommendation be made under Section 22(b)?

A patrol of the Irrigation Department, patwari or lekhpal, village chaukidar or mukhia.

What territorial condition applies under Section 22(b)?

Such official must be serving in any area within the jurisdiction of the Gram Panchayat.

What is the subject matter of Section 23?

Power to enquire and report about the misconduct of certain officials.

When may a Gram Panchayat act under Section 23?

On receiving a complaint from any person residing within its jurisdiction.

Who may make complaint under Section 23?

Any person residing within the jurisdiction of the Gram Panchayat.

What shall complaint relate to under Section 23?

Misconduct in discharge of official duties.

Against whom may complaint be made under Section 23?

Amin, process-server, vaccinator, constable, village chaukidar, patwari, patrol and tubewell operator of the Irrigation Department, forest guard, forest chaukidar, teacher of a primary school, pound-keeper, village stockman or peon of any Government.

What may a Gram Panchayat do upon receiving complaint under Section 23?

It may forward the complaint to the proper authority with its own report.

What condition must exist before forwarding complaint under Section 23?

There must be prima facie evidence.

To whom shall complaint be forwarded under Section 23?

To the proper authority.

What shall accompany the complaint under Section 23?

The Gram Panchayat’s own report.

What shall the proper authority do under Section 23?

Conduct such further enquiry as may be required, take suitable action and inform the Gram Panchayat of the result.

What enquiry may the proper authority conduct under Section 23?

Such further enquiry as may be required.

What action may the proper authority take under Section 23?

Suitable action.

What information shall be given to the Gram Panchayat under Section 23?

The result of the action taken.

What is the subject matter of Section 24?

Power to contract for collection of taxes and other dues for proprietors.

Which authority may enter into contract under Section 24?

A Gram Panchayat.

In what manner may contract be entered into under Section 24?

As prescribed.

For which area may contract be entered into under Section 24?

In respect of any area within its jurisdiction.

With whom may contract be entered into under Section 24(a)?

With the State Government or any local authority.

For what purpose may contract be entered into under Section 24(a)?

For collection of taxes and other dues.

On what terms may contract under Section 24(a) be entered into?

On such terms as may be agreed.

What consideration may be received under Section 24(a)?

Payment of such collection charges as may be prescribed.

How shall collection charges under Section 24(a) be determined?

As may be prescribed.

With whom may contract be entered into under Section 24(b)?

With the State Government or any local authority.

For what purpose may contract be entered into under Section 24(b)?

For carrying out any work.

On what terms may contract under Section 24(b) be entered into?

On such terms as may be agreed upon.

What is the subject matter of Section 25?

Staff.

Notwithstanding what does Section 25(1) operate?

Notwithstanding anything contained in any other provisions of the Act, any Uttar Pradesh Act, rules, regulations, bye-laws or any judgment, decree or order of any court.

Which authority may transfer employees under Section 25(1)(a)?

The State Government.

By what mode may employees be transferred under Section 25(1)(a)?

By general or special order.

Which employees may be transferred under Section 25(1)(a)?

Any employee or class of employees serving in connection with the affairs of the State service under Gram Panchayats.

With what designation may transferred employees serve under Section 25(1)(a)?

With such designation as may be specified in the order.

Who shall make posting after transfer under Section 25(1)(a)?

Such authority as may be notified by the State Government.

How shall posting be made under Section 25(1)(a)?

In such manner as may be notified by the State Government.

Where shall posting be made under Section 25(1)(a)?

In Gram Panchayats of a district.

What shall be the status of transferred employees under Section 25(1)(b)?

They shall serve under the supervision and control of Gram Panchayat.

On what terms shall transferred employees serve under Section 25(1)(b)?

On the same terms and conditions and with the same rights and privileges as applicable immediately before transfer.