State Act

THE UTTARAKHAND PANCHAYATI RAJ ACT, 2016

50. (1) Division of rural areas into Khands- The State Government shall by notification in the Gazette divide the rural area of each district into Khands specifying each Khand by a name and the limits or constituents of its area and may likewise change the names or make modifications in the areas and limits of the Khands by including therein or excluding therefrom areas or create new Khands. (2) 1{When any area is excluded from one Khand and included in another under sub-section (1), such area shall cease to subject to the jurisdiction of the Kshettra Panchayat of the Khand from which it has been excluded and become subject to the jurisdiction of the Kshettra Panchayat of the khand in which it has been included and to the rules, notifications, orders, directions and notices applicable thereto and the State Government may place at the disposal of such Kshettra Panchayat such portion of asset of the Kshettra Panchayat from whose jurisdiction the area has been excluded as it may deem proper and may make such temporary orders and direction as it may consider necessary to effectuate the change: Provided that where the area excluded from the one Khand is included in a new Khand having no Kshettra Panchayat constituted thereof, then until a Kshettra Panchayat is constituted for the new Khand, the Kshettra Panchayat of the Khand from which that area has been excluded, shall continue to exercise. Jurisdiction in that area, and anything done or any action taken including any appointment or delegation made, notification, order or direction issued, rule, regulation, form bye-laws or scheme, order or direction, permit or licence granted or registration effected under the provisions of this Act in respect of such area by such Kshettra Panchayat, shall with respect to the new Khand, be deemed to have been done by the new Kshettra Panchayat under the provisions of this Act and shall continue in force accordingly until superseded by anything done or any action taken under this Act.} (3) There shall be a Kshettra Panchayat for every Khand bearing the name of that Khand and constituted as hereinafter provided. A Kshettra Panchayat shall consist of a Pramukh, who shall be its presiding one Senior Up Pramukh and Junior Up Pramukh, which shall be constituted by- 1{(a) The elected members, who shall be elected by the direct election from the territorial constituencies of the Panchayat area and for this purpose the Panchayat area shall be divided into territorial constituencies in the following manner- (1) There shall be 20 territorial constituencies in the development blocks of hill area having the population upto 25000 and in the blocks having the population more than 25000 there shall be gradual proportional increase in the number of the territorial constituencies but shall not exceed 40. (2) There shall be 20 territorial constituencies in the development blocks of plane area having the population upto 50000 and in the development blocks having the population more than 50000 there shall be gradual proportional increase in the number of the territorial constituencies but shall not exceed 40: Provided that the proportional population of the territorial constituencies in the blocks will be the same as far as practicable: Provided further that a part of the territorial constituency of the Gram Panchayat shall not be included in the territorial constituency of any Kshettra Panchayat; } (b) all the Pradhans of the Gram Panchayats in the Khand; (c) Member of State Vidhan Sabha and Lok Sabha; (d) the members of the Rajya Sabha who are registered as electors within the Khand. The member of Kshettra Panchayat mentioned in clauses (b), (c) and (d) of sub-section (3) shall be entitled to take part in the proceedings and vote at the meetings of the Kshettra Panchayat except in matters of no-confidence motion against the Pramukh or the senior Up-Pramukh or junior Up-Pramukh; Provided that on no confidence motion of Pramuks and senior Up Pramuk and Junior Up Pramukh of Kshettra panchayat, the matter shall considered only by elected member of the Kshettra Panchayat. (4) Every elected member of the Zila Panchayat representing constituency which comprises, wholly or partly, any Kshettra Paanchaayt, shall be entitled to take part and express his views in the meetings of such Kshettra Panchayat as a special invitee but shall have no right to vote in such meetings. (5) 1{***} (6) Every elected member of the Zila Panchayat representing constituency which comprises, wholly or partly, any Kshettra Paanchaayt, shall be entitled to take part and express his views in the meetings of such Kshettra Panchayat as a special invitee but shall have no right to vote in such meetings. (7) Standard for territorial constituencies of the Kshettra panchayat - (a) For constitution of the Kshettra Panchayat according to the provisions made by the Act from time to time shall be under the direction and final delimitation which shall be notified by the State Government. (b) There shall be 20 territorial constituencies in the Khand of hill areas having the population upto 25,000 and 20 territorial constituencies in the Khand of planes areas having the population more then 50,000 in the respective Khand, there shall be gradual proportional increase in the number of the territorial Panchayat Khand constituencies but shall not exceed 40; Provided that the proportional population of the territorial constituencies in the releted Khand will be the same as far as practicable; Provided further that territorial constituency of any constitutent village Panchayat in the regional election area of any Kshettra panchayat shall not be included partially.