State Act

THE UNITED PROVINCES PANCHAYAT RAJ ACT, 1947

This Act was repealed on a date we do not have by the Uttarakhand Panchayati Raj Act, 2016 (Uttarakhand Act 11 of 2016), s.194(1); it may still apply to matters that began before then.

110- [(1) The State Government may by notification in the Gazette make rules for carrying out the purposes of this Act.]4 (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for-- (i) any matter for which power to make provision is conferred expressly or by implication on the State Government by this Act, [(ii) the establishment of [Gram Sabha]6 or Nyaya Panchyat or the constitution of [Gram Panchayat]6; ]3 2[(ii-a) qualifications for the Up-Pradhan ; 2[(ii-b) distribution of assets and liabilities of [Gram Panchayats]6 and Nyaya Panchayats consequent upon a change in their circles; [(ii-c) presentation and disposal of election petitions and applications for revision under section 12-C;]5 2[(ii-d) taking of oath by Pradhan, Up-Pradhan, members of [Gram Panchayats]5, Panch, Sahayak Sarpanch and Sarpanch ; 2[(ii-e) filing of resignation by Pradhan, Up-Pradhan, membelrs of [Gram Panchayats]5, Panch, Sahayak Sarpanch and Sarpanch ; 1[(ii-f) holding of general elections and bye-elections [(ii-g) the appointment of Punches of Nyaya Panchayat ;]6 1[(ii-h) grant of leave for absence to office bearers of [Gram Panchayat]4 and Nyaya Pahchayat; and 1[(ii-i) the carrying out of duties of the Pradhan and the Up- Pradhan in their absence for any cause ; (iii) the time and place of the meetings of' [Gaon Sabha]4, [Gram Panchayat]4 and Nyaya Panchayats, the manner of convening meetings and giving notice thereof; (iv) the conduct of proceedings including the asking of questions by members at meetings and the adjournment of meetings and also minute books of meetings ; (v) the establishment of committees and the determination of all matters relating to the constitution and procedure of such committees; (vi) the suspension and removal of office-bearers ; (vii) the records and registers that shall be maintained by [Gram Panchayats]4 and Nyaya Panchayats and the form in which they are to be ; [(vii-a) periodical revision and amendment of [Gram Sabha]4 and [Gram Panchayat]4 registers;]1 (viii) the action to be taken on the occurrence of a vacancy in the executive committee, joint committee, any other committee and Nyaya Panchayats; (ix) the authority by which disputes in relation to appointments to executive committee, joint committee any other committee or Nyaya Panchayat may be decided and the procedure to be followed therein; (x) the amount and nature of security to be furnished by a servant of the [Gram Panchayat]4 [or Nyaya Panohayat]2 from whom it is deemed expedient to require security; [(xi) appointment, qualifications, supervisions, dismissale discharge, removal or other punishment and other matters relating to the conditions of service, leave, transfer, pay an privileges of the servants of the [Gram Panchayat]5 and the Nyaya Panchayat and their rights of appeal ;]3 (xii) management and regulation of provident fund for the servants of [Gram Panchayats]7 [and Nyaya Panchayat]1 if the system of provident fund is adopted by any [Gram Panchayat]7 ; (xiii) the establishment, maintenance and management of primary schools and the construction and repair of buildings thereof ; (xiv) the establishment, administration and control of libraries, reading rooms, dispensaries entrusted to a joint committee, the construction and repairs of buildings connected therewith and the supply of medicine and medical assistance to the poor inhabitant of the [Panchayat area]8; (xv) the discovery, removal and destruction of water hyacinth, [grass, weed or other wild growth]2 on any land, premises or water, the construction of fences and barriers for checking its movements and the cost incurred in carrying out such work; (xvi) action in regard to the sanitation, conservancy, drainage, buildings, public streets and water supply and the prohibition of public nuisance ; [(xvi-a) the carrying out of functions and duties of [Gram Panchayat]7 as mentioned in sections 15, 16 and 17;]3 (xvii) the framing of annual estimates of income and expenditure and ear-marking [of]4 fund for specific purposes; (xviii) the returns to be submitted by [Gram Panchayat]7 and Nyaya Panchayats, the form in which they are to be, the authorities to which and the time when they shall be submitted ; (xix) the levy of taxes and licence fees, the authority, by which and the manner in which the taxes may be assessed and the authority to which an appeal from an assessment order may be made ; [(xix-a) collection of State and other dues by [Gram Panchayats]7 and remuneration to be paid therefor ;]5 (xx) the method and time of payment of taxes and other dues, the procedure of recovery and the authority whose assistance may be taken by [Gram Panchayats]7 in the recovery of taxes and dues ; (xxi) the method of account keeping of [Gram Panchayats]7 [and Nays Pachayat]6 ; (xxii) the maintenance of public buildings and nazul land, (xxiii) the formalities to be observed when transferring any property and the manner in which a deed of contract may be executed by a [Gram Panchayat]7 ; (xxiv) powers of auditors, inspecting and superintending authorities to hold inquiries, summoning and examining witnesses, compelling the production of documents and all other matters connected with audit inspection and superintendence, (xxv) the issue, service or execution of summons, notices and other processes of Nyaya Panchayat and issue and service of notices by [Gram Panchayats]3 ; [(xxv-a) issue of commissions for examination of witnesses;]1 [(xxv-b) institution of cases where a Sarpanch refuses to entertain;]1 (xxvi) the transfer by a Nyaya Panchayat of summons and other processes to another Nyaya Panchayat or any court for service or execution ; (xxvii) the fees to be levied by Nyaya Panchayats for institution of suits and cases for issue of processes, for obtaining copies of documents and other matters; (xxviii) the court-fees and other fees payable where a Nyaya Panchayat, with the consent of parties, entertains a civil case which is otherwise beyond its jurisdiction ; (xxix) the procedure for execution of decrees, orders and sentence passed by Nyaya Panchayats ; (xxx) the allotment by [Gram Panchayats]3 of funds for the performance by Nyaya Panchayats of their duties under this Act and the extent to which fees paid to Nyaya Panchayats may be appropriated by [Gram Panchayats]3 ; (xxxi) the powers that may be exercised by Zila Parishad or any prescribed authority or the discharge of their obligations under this Act and the manner in which such powers may be exercised ; (xxxii) the procedure to be observed in the making of by-laws by prescribed authority for [Gram Panchayats]3 or by [Gram Panchayats]3 ; [(xxxiii) the prescribing and printing of forms and registers generally relating to any matter under this Act or rules made thereunder; ]2 (xxxiv) the, submission for approval of plans, designs, specifications and estimates ; (xxxv) the duties, powers and functions of village volunteer force ; (xxxvi) the submission of annual reports by [Gram Panchayats]4, [Nyaya Panchayats]1 and their review ; (xxxvii) persons, other than members of [Gram Panchayats]4, who may be present in an advisory capacity in meetings of [Gram Panchayats]4 ; (xxxviii) channel of correspondence between a [Gram Panchayat]4 and Nyaya Panchayat and other authorities ; (xxxix) disposal of assets and liabilities of [Gram Sabhas or a Gram Panchayats]5 or Nyaya Panchayats on its abolition ; (xl) the action to be taken on the inclusion of the whole or part of the loeal area of any [City]3 municipality, notified area, town area or cantonment, and the manner in which the assets and liabilities of the [Gram Panchayat]4 may be disposed of in circumstances ; (xli) the conditions subject to which sums due to a [Gram Panchayat]4 may be written off as irrecoverable, and the conditions subject to which the whole or any part of a fee may be remitted; and generally for the guidance of [Gram Panchayats]4, Nyaya Panchayats, joint committees, or the committees, servants of the Crown and other authorities in any matter connected with the carrying out of the provision of this Act; [(xlii) the regulation of the election of the members of the [Gram Panchayat]4 in order to secure the adequate representation of the Scheduled Castes; 2(xliii) assistance to be given by the [Gram Panchayat]4 to Government servants on any matter affecting the general administration ; 2(xliv) powers and duties of Sahayak Sarpanch and Up- Pradhan ; 2(xlv) borrowing and lending of money by [Gram Panchayats]4; 2(xlvi) the matters which are to be and may be prescribed; and (xlvii) any matter in respect of which power is conferred in section 111 on the prescribed authority to frame a by-law for a [Gram Panchayat]4.]2 (3) [***]6