section 130
Division of territorial consciences of three tiers Panchayat and ratio of delimitation numbers
The Uttarakhand Panchayati Raj Act, 2016Division of territorial consciences of three tiers Panchayat and ratio of delimitation numbers (1) For the purpose of election of members of Gram Panchayat, Kshettra Panchayat and Zila Panchayat every Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the member of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area. (2) each territorial constituency of a Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall be represented by member in the Gram Panchayat, Kshettra Panchayat and Zila Panchayat. (3) the territorial constituency of a Gram Panchayat, Kshettra Panchayat and the Zila Panchayat may be delimitated in the prescribed manner by the Government- (a) Any Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall, unless sooner dissolved continue for five years from the date appointed for its first meeting and no longer; (b) An election to constitute a Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall be completed- (i) before the expiry of its duration specified in clause (a); (ii) before the expiration of a period of six months from the date of its dissolution : Provided that where the remainder of the period for which the dissolved Gram Panchayat, Kshettra Panchayat and Zila Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Gram Panchayat, Kshettra Panchayat and Zila Panchayat; (4) Any Gram Panchayat, Kshettra Panchayat and Zila Panchayat constituted upon the dissolution of a Gram Panchayat, Kshettra Panchayat and Zila Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Gram Panchayat would have continued under clause (4) had it not been so dissolved; (5) The constitution of a Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall be notified in such manner as may be prescribed and thereupon the Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall be deemed to have been duly constituted, any vacancy therein notwithstanding : Provided that the constitution of a Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall not be notified till the Pradhan, Pramukh, Chairman and at least two-thirds of the members of the Panchayat have been elected. (6) Notwithstanding anything contained in any other provisions of this Act, where due to inevitable circumstances, or in public interest, it is not feasible to conduct election for constitution of any Gram Panchayat, Kshettra Panchayat or Zila Panchayat before the expiration of its term, the State Government or any officer authorised by it in this behalf may by order appoint administrator and such administrator shall hold the post for such period not exceeding six months as specified in the said order and shall discharge all powers and functions, of Pradhan in case of Gram Panchayat, Pramukh in case of Kshettra Panchayat, Chairman in case of Zila Panchayat with powers and functions of the committees of three level Panchayats: Provided that where no eligible candidate is available, for Pradhan and where in the opinion of the State Election Commission it is not feasible to conduct election due to existence of such emergency circumstances, the State Government or any officer authorised by it in this behalf may, by order, appoint administrator for such period as specified in said order: Provided further that where two third members, have not been elected, for the constitution of Gram Panchayat and in the opinion of the State Election Commission it is not feasible to conduct election due to the existence of emergency circumstances, any elite person of concerned Gram Panchayat may be nominated, by the State Government or any officer authorised by it in this behalf, by order on the post of member Gram Panchayat, for such period as specified in said order, till election.
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