Vidhi Codex

The Uttarakhand Panchayati Raj Act, 2016

The Uttarakhand Panchayati Raj Act, 2016

Infrastructure2016230 sections

This Act establishes the system of local self-government in the state of Uttarakhand by creating three tiers of elected bodies known as Gram Panchayats, Kshettra Panchayats, and Zila Panchayats. It applies to rural areas throughout the state, excluding urban municipalities and cantonments. The legislation defines the powers, functions, and composition of these institutions and their officials, including the State Election Commission and district magistrates. By formalizing these structures, the Act aims to empower rural communities and ensure democratic governance at the grassroots level.

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  1. 1. Short title, extent and commencement.
  2. 2. Definitions.
  3. 3. Constitution of Gram Sabha, Membership, function and Meetings etc.
  4. 4. Constitution and de-limitation of Gram Panchayat
  5. 5. Constitution and reconstitution of the Gram Panchayat
  6. 6. Effect of change in population or inclusion of the area of Gram Panchayat in Nagar Palika, etc.
  7. 7. Removal of difficulties arises in the establishment of Gram Panchayat.
  8. 8. Disqualification for membership of Gram Panchayat.
  9. 9. Electoral roll for each territorial constituency
  10. 10. Pradhan and Up-Pradhan of Gram Panchayat
  11. 10A. Reservation for the post of Pradhan
  12. 10B. Election of Pradhan
  13. 10C. Election of UP-pradhan and his term
  14. 11. The provisions of reservation on the post for the Scheduled Caste, Scheduled Tribes, Backward Classes, Women in the Gram Panchayat
  15. 12. Term of Gram Panchayat and his office bearers.
  16. 13. Mode of election.
  17. 14. The superintendence of election of the Gram Panchayat and constitution of the State Election Commission etc.
  18. 15. Resignation of office bearers of Gram Panchayat
  19. 16. Filling of Casual vacancies of the post of Pradhan of the Gram Panchayat
  20. 17. Arrangement in case of temporary vacancy of the post of Pradhan
  21. 18. Motion of no confidence against Pradhan and Up pradhan
  22. 19. Powers of State Government in case of default of Gram Panchayat
  23. 20. External control of Gram Panchayat
  24. 21. Meetings of Gram Panchayat
  25. 22. General functions of Gram Panchayat
  26. 23. Other Functions of Gram Panchayat
  27. 24. Rights of Gram Panchayat as to public streets, water-ways and other matters
  28. 25. Improvement of sanitation by Gram Panchayat
  29. 26. Rights of Gram Panchayat for maintenance and improvement of schools and hospitals
  30. 27. Representations and recommendations by Gram Panchayats
  31. 28. Preparation of plans by Gram Panchayat
  32. 29. Rights of Gram Panchayats to frame bye-laws
  33. 30. Pradhan, Up Pradhan, all officers and employees of a Gram Panchayat to be public servants
  34. 31. Delegation of powers by the Gram Panchayat
  35. 31A. Duties of Up-pradhan
  36. 32. Duties and powers of the Pradhan of Gram Panchayat
  37. 32-A. Duties of Up-pradhan
  38. 33. Office of Gram Panchayat
  39. 34. Delegation of its powers to the Pradhan, Up pradhan of Gram Panchayat
  40. 35. Committees of Gram panchayat
  41. 35A. Appointment of women member as Chairman in Education Committee and health and Welfare Committee
  42. 36. Officers, Employees/ Secretary of Gram Panchayat
  43. 37. Powers, duties and functions of the officers of Gram Panchayat
  44. 38. Dispute between Gram Panchayat and Nagar Panchayat
  45. 39. Custody and mode of proof of the record in Gram Panchayat
  46. 40. Custody or deposits of the Gram Nidhi
  47. 41. Establishment of Land Management Committee
  48. 42. Function of the Land Management Committee
  49. 43. Property vested in Gram Panchayat
  50. 44. Preparation and passing the Budget of Gram Panchayat
  51. 45. Audit of Accounts of the Gram Panchayat
  52. 46. Tax and other sources of income of Gram Panchayat
  53. 47. Powers to borrow
  54. 48. Section 48
  55. 49. Recovery of dues of Gram Panchayat
  56. 50. Structure and incorporation of Kshettra Panchayat
  57. 51. Constitution and reconstitution of a Kshettra Panchayat
  58. 52. Removal of difficulties arises in the establishment of Kshettra Panchayats
  59. 53. Disqualifications for membership of Kshettra Panchayat
  60. 54. Electoral rolls for each territorial constituency of Kshettra Panchayat
  61. 55. Election of Pramukh, Senior Up Pramukh, Junior Up pramukh of Kshettra Panchayat
  62. 55A. Reservation for the post of Pramukh of the Kshettra Panchayat
  63. 56. The provisions of reservation on the post for the Scheduled Caste, Scheduled Tribes, Backward Classes, Women in the Kshettra Panchayat
  64. 57. Term of Kshettra Panchayat and its Office-bearer
  65. 58. Mode of election
  66. 59. Superintendence of the elections of Kshettra Panchayat and establishment of State Election Commission etc.
  67. 60. Resignation of office bearers of Kshettra Panchayat
  68. 61. Filling of casual vacancies in Kshettra Panchayat
  69. 62. Arrangement in absence of Pramukh of Kshettra Panchayat
  70. 63. Motion of no confidence in Pramukh, Up-Pramukh, Senior Up Pramukh and Junior Up Pramukh and quorum of meeting
  71. 64. Powers of State Government in case of default of Kshettra Panchayat
  72. 65. External control over Kshettra Panchayat
  73. 66. Meetings and function, duties, powers and administration of Kshettra Panchayat
  74. 67. General powers and duties of the Kshettra Panchayat
  75. 68. Preparation of plans by Kshettra Panchayat
  76. 69. All officers and servants of a Kshettra Panchayat to be public servants
  77. 70. Performance of powers by the Kshettra Panchayat
  78. 71. Duties and powers of Pramukh of the Kshettra Panchayat
  79. 72. Office of Kshettra Panchayat
  80. 73. Delegation of powers and duties to the Senior Up Pramukh, Junior Up Pramukh or Panchayats by the Pramukh of Kshettra panchayat
  81. 74. Committees of Kshettra Panchayat
  82. 75. Officers and employees of the Kshettra Panchayat
  83. 76. Powers, functions and duties of officers and other employees of Kshettra Panchayats
  84. 77. Control over the officers and employees of Kshettra Panchayat
  85. 78. Dispute amongst Kshettra Panchayat and Nagar Nikay etc.
  86. 79. Custody and mode to proof the record in the Kshettra Panchayat
  87. 80. Custody and investment of Kshettra Nidhi
  88. 81. Property vested in Kshettra Panchayat
  89. 82. Preparation and passing the budget of the Kshettra Panchayat
  90. 83. Audit of the Accounts of the Kshettra Panchayat
  91. 84. Imposition of tax by Kshettra Panchayat
  92. 85. Recovery of dues of Kshettra Panchayat
  93. 86. Establishment and incorporation of Zila Panchayats
  94. 87. Effect of changes in districts
  95. 88. Constitution and reconstitution of Zila Panchayats
  96. 89. Removal of difficulty arises in the establishment of Zila Panchayat
  97. 90. Disqualifications for membership of Zila Panchayat
  98. 91. Electoral roll for each territorial constituency of Zila Panchayat
  99. 92. Election of Chairman, Vice Chairman of Zila Panchayat
  100. 92-A. Reservation for the post of Chairman of the Zila Panchayat
  101. 93. The provisions of reservation on the post for Scheduled Castes, Scheduled Tribes, Backward Classes, women in Zila Panchayat
  102. 94. Term of Zila Panchayat and its Office-bearer
  103. 95. Mode of election
  104. 96. The superintendence of election of Zila Panchayat and constitution of the State Election Commission etc.
  105. 97. Resignation of Chairman, Vice Chairman and Members in case of Zila Panchayat
  106. 98. Filling of casual vacancies in Zila Panchayat
  107. 99. Arrangement of Chairman of Zila Panchayat
  108. 100. Motion of non-confidence in Chairman or Vice Chairman
  109. 101. Powers of State Government in case of default of Zila Panchayat
  110. 102. Consequence of dissolution of Zila Panchayat
  111. 103. Meetings of Zila Panchayat
  112. 104. Powers, functions and duty of Zila Panchayats
  113. 105. Preparation of plans by Zila Panchayat
  114. 106. Powers of Zila Panchayat to make bye-laws
  115. 106r. Duration of sanction
  116. 106s. Illegal construction of a street
  117. 106t. Powers of Kshettra Panchayat to alter unsanctioned street and demolish the same
  118. 106aa. Sanction of Zila Panchayat to projections over streets and drains
  119. 106ab. Penalty for construction of projection over streets or drains without permission
  120. 106ac. Powers to remove encroachments and projections over streets and drains
  121. 106ad. Powers to require leveling, paying, etc. of streets
  122. 106ae. Powers to require the projection of streets during erection of buildings, etc.
  123. 106af. Powers to require trimming of hedges and trees
  124. 106ag. Powers to remove accidental obstructions
  125. 106ah. Regulation of troughs and drain water pipes and drain water pipes affecting a street
  126. 106ai. Powers to construct, improve and provide sites on public streets
  127. 106aj. Declaration of a street as a public street
  128. 107. All office bearers of a Zila Panchayat to be public servants
  129. 108. Exercise and performance of powers by the Zila Panchayat
  130. 109. Duties and powers of Chairman of the Zila Panchayat
  131. 110. Office of Zila Panchayats
  132. 111. Delegation of powers and duties to Vice chairman or Panchayats by Chairman of Zila Panchayat
  133. 112. Committees in Zila Panchayats
  134. 113. Officers and Employees of the Zila Panchayat
  135. 114. Central transferable cadre of certain classes of employees of Zila Panchayat
  136. 115. Powers, functions and duties of officers and other servants of Zila Panchayats
  137. 116. Control over the officers and servants of Zila Panchayat
  138. 117. Dispute amongst Zila Panchayat and Nagar Nikays etc.
  139. 118. Custody and mode to proof the records of Zila Panchayat
  140. 119. Custody and deposit of Zila Nidhi
  141. 120. Property vested in Zila Panchayat
  142. 121. Preparation and passing the budget of the Zila Panchayat
  143. 122. Audit of Accounts of the Zila Panchayats
  144. 123. Taxes which may be imposed by the Zila Panchayat
  145. 124. Powers of State Government to sanction or refuse proposals of Zila Panchayat
  146. 125. Resolution of Zila Panchayat directing imposition of tax, taxation, procedure for altering taxes, altered or modified procedure in respect of certain taxes, exemption
  147. 126. Power of State Government to make rules in respect of Kshettra Panchayat and Zila Panchayat
  148. 127. Powers to make regulations as to conduct of business etc.
  149. 128. Power of state government to make rules for Gram Panchayat
  150. 129. Miscellaneous Provisions
  151. 130. Division of territorial consciences of three tiers Panchayat and ratio of delimitation numbers
  152. 131. Other provisions related to the election
  153. 131A. Penalty in case of branch of official duty
  154. 131B. Requisition of property
  155. 131C. Determination of compensation in case of requisition
  156. 131D. Furnish information to specified authority
  157. 131E. Inspection authorised person
  158. 131F. Sum arily eviction
  159. 131G. Delivery of posession of Vehicle or requisitiioned premises
  160. 131H. Application regarding election and their revision
  161. 131I. Supplementary provisions
  162. 131J. Oath or affirmation
  163. 132. Bar on Jurisdiction of Civil courts in election matters
  164. 133. prescribed authority for inspections, etc. of over Gram Panchayat, Kshettra Panchayat and Zila Panchayat
  165. 134. Other Powers and duties of State Government in reference of Panchayat
  166. 135. Inspection of the work of constructed and institution by prescribed authorities
  167. 136. Powers of prescribed authority to suspend under the Act
  168. 137. Extraordinary powers of State Government towards Panchayat in case of emergency
  169. 138. Separation from their posts to the officers of the three tiers Panchayat
  170. 139. Powers of State Government to dissolve the Panchayats
  171. 140. Exercise of powers and performance of functions under the Act
  172. 141. Powers to enquire and report about the misconduct of certain officials
  173. 142. Bar of constitution of the parallel institutions in the Panchayats
  174. 143. Powers of Panchayats to co-operate with other authorities and to assist institutions not managed by it
  175. 144. Exercise of powers and performance of functions of Panchayat
  176. 145. Powers and duties of Committees
  177. 146. Delegation of powers by State Government
  178. 147. Penalty for infringement of the provisions of the Act
  179. 148. Penalty for contravention of any order regarding requisition
  180. 149. Infringement of rules and bye-laws
  181. 150. Penalty for tampering with the Gram Panchayat, Kshettra Panchayat and Zila Panchayat property
  182. 151. Disobedience to notice issued
  183. 152. Appeals
  184. 153. Suspension of prosecution in certain cases
  185. 154. Powers to compound offences
  186. 155. Civil suits against Gram Panchayat, Kshettra Panchayat and Zila Panchayat, their officers and servants
  187. 156. Validity of proceedings
  188. 157. Powers and duties of police in respect of offences and assistance to Panchayats
  189. 158. Finance commission and fund of Panchayats
  190. 159. Members and Officers not acquire interest in contracts, etc. with Land Management Committee
  191. 160. Joint Committee
  192. 161. Joint Committee
  193. 162. powers to transfer property
  194. 162B. Encroachment
  195. 162C. Compensation
  196. 162D. Police Protection
  197. 163. Contracts by Gram Panchayat, Kshettra Panchayat and Zila Panchayat
  198. 163A. Contracts by Gram Panchayat, Zila Panchayat and Kshettra Panchayat
  199. 163B. Matters governed by rules
  200. 164. Continuance of imposition of Circumstances and property Tax
  201. 165. Conditions and restrictions for tax on Circumstances and property
  202. 166. Collection of circumstances and property tax through Gram Panchayats
  203. 167. Framing of proposals for imposition of tax
  204. 168. Procedure subsequent to framing proposals
  205. 169. Resolution of Zila Panchayat directing imposition of tax
  206. 170. Powers of State Government to remove the defect or abolish a tax
  207. 171. Obligation to disclose liability
  208. 172. Appeal relating to tax
  209. 173. Limitation and preliminary deposit of tax claimed
  210. 174. Cost
  211. 175. Bar to jurisdiction of civil and criminal court in matters of taxation
  212. 176. Savings
  213. 177. Rules as to assessment, collection or other matter
  214. 178. Share of Gram Panchayat in taxes
  215. 179. Fees and tolls fees for use, otherwise than under a lease of property of a Zila Panchayat , a Kshettra Panchayat and Gram Panchayat
  216. 180. Recovery of Taxes and certain other claims
  217. 181. Procedure in case of execution of warrant against property outside the rural area
  218. 182. Alternative powers of bringing suit or recovering as arrears of land revenue
  219. 183. Recovery of rent on land
  220. 184. Recovery of rent or arrears for other immovable property
  221. 185. Delegation of powers by State Government
  222. 186. Facility of inspection of minute books and tax assessment lists
  223. 187. Mode of proof of records of Panchayats
  224. 188. Restriction on the summoning of servants of Panchayats to produce documents
  225. 189. Inspection of works and registers of Panchayats by members
  226. 190. Sums due
  227. 191. Establishment of Nyaya Panchayat
  228. 192. Honoraria and allowances
  229. 193. Surcharge
  230. 194. Repeal

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