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This Act was repealed on a date we do not have by the Uttarakhand Panchayati Raj Act, 2016 (Uttarakhand Act 11 of 2016), s.194(1); it may still apply to matters that began before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

95- [(1)]2 The Provincial Government may- (a) cause to be inspected any immovable property owned [***]7 , used or occupied by a [Gram Panchayat]6 or a joint or a [Nyaya Panchayat]3 or any work in progress under the direction of such [Gram Panchayat]6 or joint or a Nyaya Panchayat ; (b) by an order in writing call for and inspect a book or document in the possession or under the control of a [Gram Panchayat]6 or a joint or a [Naya Panchayat]3. (c) by an order in writing require a [Gram Panchayat]6 or a joint or a [Nyaya Panchayat]3 to furnish such statements, reports or copies Of documents, relating to the proceedings or duties of the [Gram Panchayat]6 or such or a [Nyaya Panchayat]3 as it thinks fit ; (d) record in writing for the consideration of a [Gram Panchayat]6 or joint committee any observation which it thinks proper in, regard to the proceedings or duties of such [Gram Panchayat]6 or joint committee; (e) institute any enquiry in respect of any matter relating to a Gram Sabha , [Gram Panchayat]6 or Nyaya Panchayat; and [(f) [***]8 dissolve any [***]9 [Gram Panchayat]6, Joint Committee, [Bhumi Prabandhak Samiti]3 or Nyaya Panchayat if in the opinion of the State Government such [***]9 [Gram Panchayat]6, Joint Committee [Bhumi Prabandhak Samiti]3 or Nyaya Panchayat has abused its position or has continuously failed to perform the duties imposed upon it by or under this Act or if its continuance is not considered desirable in public interest ;]4 Explanation- [***]6 [(g) [remove a Pradhan, Up-Pradhan or member of a Gram Panchayat]7 or a Joint Committee or Bhumi Prabandhak samiti, [***]8 or a Panch, Sahayak Sarpanch or Sarpanch of a Nyaya Panchayat if he-]5 (i) absents himself without Sufficient cause from more than three consecutive meetings or sittings. (ii) refuses to act or becomes incapable of acting for any reason whatsoever or if he is accused of or charged for an offence involving moral turpitude, (iii) has abused his position as such or has persistently failed to perform the duties imposed by this Act or rules made thereunder or his continuance as such is not desirable in public interest, [***]2 [(iii-a) has taken the benefit of reservation under sub-section (2) of section 11-A or sub-section (5) of section 12, as the case may be, on the basis of a false declaration subscribed by him stating that he is a member of the Scheduled Castes, the Scheduled Tribes or the Backward Classes, as the case may be;]11 (iv) being a Sahaya Sarpanch or a sarpanch of the Nyaya Panchayat takes active part in politics.]1 [or]3 [(v) suffers from any of the disqualifications mentioned in clauses (a) to (m) of section 5-A :]4 [Provided that where, in an enquiry held by such person and in such manner as may be prescribed, a Pradhan or Up-Pradhan is prima facie found to have committed financial and other irregularities such Pradhan or Up-Pradhan shall cease to exercise and perform the financial and administrative powers and functions, which shall, until he is exonerated of the charges in the final enquiry, be exercised and performed by a Committee consisting of thre members of Gram Panchayat appointed by the State Government. ]9 (gg) [***]10 [Provided that- ---- (i) no action shall be taken under clause (f), clause (g) [***]7 except after giving to the body or person concerned a reason- able opportunity of showing cause against the action proposed ; (ii) [***]8 ]4 (h) [***]6 [(2) A person removed under sub-clauses (iii) and (iv) of clause (g) of sub-section (i) of this section shall not be entitled to be re-elected or re-appointed to any office under this Act for a period of five years or such lesser period as the State Government may order in any case. (3) No order made by the State Government under this section shall be called in question in any court. (4) Where any [***]9 [[Gram Panchayat]5, Joint Committee or Bhumi Prabandhak Samiti]3 is [dissolved]10 the State Government may appoint such person or persons to exercise and perform the powers and duties thereof as it may deem fit.]2