Section 28B in The U.P. Kshettra Panchayats And Zila Panchayats Adhiniyam, 1961
28B. Functions of the Bhumi Prabandhak Samiti. - (1) The Bhumi Prabandhak Samiti shall for and on behalf of the Gaon Panchayat establishing it, be charged with the general management, preservation and control of all property referred to in Section 28-A, including -
(a)the settling and management of land;(b)the preservation, maintenance and development of forests and trees;(c)the maintenance and development of abadi sites and village communications;(d)the management of hats, bazars and melas;(e)the maintenance and development of fisheries and tanks;(j)the rendering of assistance in the consolidation of holdings;(g)the conduct and prosecution of suits and proceedings by or against the Gram Sabhas relating to or arising out of the functions of the Samiti;(h)performance of functions, specifically assigned to the Bhumi Prabandhak Samiti under the U.P. Zamindari Abolition and Land Reforms Act, 1950 or any other enactment; and(i)any other matter relating to such management, preservation and control as may be prescribed.and may exercise all powers of the Gaon Panchayat necessary for or incidental to the discharge of such duties.(2)The Bhumi Prabandhak Samiti shall function subject to the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950."28C. Members and officers not to acquire interest contracts, etc. with Bhumi Prabandhak Samiti. - (1) No member or officer-bearer of a Gaon Panchayat or Bhumi Prabandhak Samiti shall, otherwise, than with the permission in writing of the Collector, knowingly acquire or attempt to acquire or stipulate for or agree to receive or continue to have himself or through a partner or otherwise any share or interest in any licence, lease, sale exchange, contract or employment with, by or on behalf of the Samiti concerned :Provided that a person shall not be deemed to acquire or attempt to acquire or continue to have or stipulate for or agree to receive any share or interest in any contract or employment by reason only of his -(a)having acquired an interest before he became a member or office-bearer;(b)having a share in a joint stock company which makes the contract; and(c)having a share of interest in the occasional sale through the Samiti concerned of an article in which he regularly trades up to a value not exceeding Rs. 50 in any one year.(2)No Court or other authority shall enforce at the instance of any person a claim based upon a transaction in contravention of the provisions of sub-section (1)."Section 29.Before the words "specified duty" add the word "other"Section 32.Substitute the full-stop at the end by a colon;andSub-section (1).Add the following as provisos in the sub-section (1):"Provided that such amount up to the total of all sums credited to the Gaon Fund under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, minus the amount credited to the Consolidated Gaon Fund under Section 125-A of that Act, any as may be required by the Bhumi Prabandhak Samiti for being utilized in carrying out its duties or obligations shall be made available out of the Gaon Fund to the Bhumi Prabandhak Samiti every year:Provided further that in the events of any difference between the Bhumi Prabandhak Samiti on the one hand and the Gaon Panchayat or Gaon Sabha on the other about the requirements of funds by the Bhumi prabandhak Samiti the matter shall be referred by the Pradhan to the prescribed authority whose decision shall be binding."Sub-section (2).In clause (d) between the words "Court" and "to be" insert the words "or required under any law".Section 37, sub-section (1) clause (c).For the existing clause substitute the following :"a tax on theatre, cinema or similar entertainment temporarily stationed in the area of the Gaon Sabha not exceeding five rupees per diem".Clause (j).Delete.Section 95, sub-section (1).(i)In clause (j) between the words "joint Committee" and "or Nyaya Panchayat" wherever they occur insert a comma and thereafter the words "Bhumi Prabandhak Samiti";(ii)In clause (g) after the words "joint Committee" and before the comma following them insert the words "or Bhumi Prabandhak Samiti".Sub-section (4).For the words "Gaon Panchayat or Joint Committee" substitute "Gaon Panchayat, Joint Committee or Bhumi Prabandhak Samiti."Section 106.For the words "or against a member thereof or against an officer or servant of a Gaon Sabha, Gaon Panchayat or Nyaya Panchayat", substitute the following :"or Bhumi Prabandhak Samiti or against a member or officer or servant thereof or of Nyaya Panchayat".GeneralFor the term "District Board" wherever it occurs in the Act substitute the term "Zila Parishad".III - Uttar Pradesh Zamindari Abolition And Land Reforms Act, 1950Section 3, after clause (3).Insert the following as a new clause (3-A):"(3A) Circle' means any area for which a Gaon Sabha has been established under the United Provinces Panchayat Raj Act, 1947."Section 3 clause (6b)For the words "Consolidated Gaon Samaj Fund" wherever they occur substitute the words "Consolidated Gaon Fund".Section 3, clause (9).Substitute the following for the existing clause ;"(9) 'Gaon Fund', 'Gaon Panchayat', 'Gaon Sabha' and 'Bhumi Prabandhak Samiti (Land Management Committee)' shall have the meanings assigned to them in the United Provinces Panchayat Raj Act, 1947)."Section 3, clauses (10), (10a) and (14a)Delete.Sections 113 to 116.Delete.Section 117Re-number existing Section 117 as sub-section (1) and add to it the following as sub-sections (2), (3), (4) and (5) ;"(2) Notwithstanding anything contained in this Act or in any other law for the time being in force the State Government may by notification in the official Gazette declare that as from the date to be specified all or any of the things specified in clauses (i) to (vii) of the said sub-section which had in respect of any part of the village included within the limits of a city, municipality, notified area, town area or cantonment under the provisions of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, United Provinces Municipalities Act, 1916, U.P. Town Areas Act, 1914, or the Cantonments Act, 1924, as the case may be, after July 7, 1949 vested in the State under this Act shall vest in the Gaon Sabha established for the remaining part of such village."(3)All Gaon Satnajs constituted under this Act before its amendment by the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961, shall cease to exist and any reference in any other law for the time being in force or any notification, rule or order issued under this Act or such law or in any contract or other document to any Gaon Samaj shall, in so far as may be, be deemed to be a reference to the Gaon Sabha established for the area of such Gaon Samaj.(4)All property, funds and rights whatsoever vesting in or belonging to and all liabilities imposed upon any Gaon Samaj under this Act or under any other enactment or under any contract shall subject to all conditions and incidents attaching thereto as from the commencement of the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961, be the property funds, rights and liabilities of the Gaon Sabha constituted for the area of the Gaon Samaj.(5)In all suits and proceedings in which a Gaon Samaj is a party the Gaon Sabha constituted for the area of the said Gaon Samaj shall be and be deemed to be substituted for the Gaon Samaj's party and shall be entitled to take all such action as it would have been entitled to take if it had been a party to the suit or proceeding from the very beginning."Section 117AFor the existing section substitute the following :"117A. Vesting of certain land in local authorities. - (1) Notwithstanding anything contained in Section 117, the State Government may, by notification in the official Gazette, declare that, as from the date to be specified, a thing specified in clauses (i) to (vii) of the said section which had in any village, vested in the State under this Act shall vest in any other local authority' established for the whole of such village.(2)Where any land or thing of the nature specified in clauses (i) to (vii) of subsection (1) of Section 117 has been vested in any Gaon Sabha under sub-section (2) of that section or in any other local authority under sub-section (1) of this section or Section 126 of the U.P. Nagar Mahapalika Adhiniyam, 1959, such Gaon Sabha or other local authority shall in respect of part village or whole village, as the case may be, perform, discharge or exercise functions, duties and powers assigned, imposed or conferred by or under this Act on a Gaon Sabha or a Land Management Committee in respect of such land or things and the holdings area within the part of the village or the whole village as the case may be."Sections 122, 122A and 123B.DeleteSection 124For the existing section substitute the following :"124. - (1) All sums received under this Act by the Gaon Sabha, Gaon Panchayat or the Land Management Committee shall be credited to the Gaon Fund.(2)All moneys which immediately before the commencement of the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961, were held in the Gaon Samaj Fund, whether actually credited to it or not before such commencement, shall stand transferred and be credited to the Gaon Fund."Section 125For the existing section substitute the following :"125. - The funds placed by the Gaon Panchayat at the disposal of the Land Management Committee to meet the charges in connection with the discharge of its duties or performance of its functions under this Act shall be utilized in the manner prescribed."Section 125AFor the existing section substitute the following :"125A. - (1) There shall be constituted for each district a Consolidated Gaon Fund to which shall be credited all contributions payable, under sub-section (2).(2)Every Gaon Panchayat in the district shall pay to the Collector annually such contribution not exceeding fifteen per centum of the total amount credited to the Gaon Fund under sub-section (1) of Section 124 as may be fixed by the Collector in the manner prescribed.(3)All moneys held or required to be held in the Consolidated Gaon Samaj Fund under this section before its amendment by the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961, shall stand transferred to and be credited to the Consolidated Gaon Fund.(4)The fund shall be applied to :(a)the payment of fees and allowances of the panel lawyers appointed under Section 127-B;(b)the payment of expenses incurred in connection with the conduct and prosecution of suits, applications or other proceedings by or against the Gaon Sabha or the Land Management Committee under this Act;(c)the payment of expenditure incurred on the development of lands of common utility; and(d)the payment of any other sum which the State Government may by general or special order declare to be an appropriate charge on the fund."Section 127ADelete.Section 127B(i)In sub-section (1) for the "Gaon Samaj" substitute the words "the Gram Sabhas in respect of their functions under this Act".(ii)For sub-section (2), the following shall be substituted:"(2) A panel lawyer shall, with respect to such Gaon Sabhas in the district as may be prescribed, be their agent for the purpose of receiving processes issued by any Court or any authority against them in respect of their functions under this Act and shall be deemed to be the recognized agent by whom appearances, acts and applications under this Act or the United Provinces Land Revenue Act, 1901 or any other law relating to land tenure may be made or done on behalf of such Gaon Sabhas."Section 128(i)Delete Clauses (a), (c), (c) and (i).(ii)In clause (aa) insert the words "sub-section (1) of' between the words "proviso to" and "Section 117".Section 197For "Gaon Sabha" substitute "Land Management Committee".GeneralBesides the amendments specified above throughout the Act for the words "Gaon Samaj" "Gaon Samaj Fund" and "Consolidated Gaon Samaj Fund" wherever they occur, the words "Gaon Sabha", "Gaon Fund" and "Consolidated Gaon Fund" shall respectively be substituted.IV - The Uttar Pradesh Consolidation Of Holdings Act, 1953.Section 29C(i)In sub-sections (1) and (2), for "Gaon Samaj" substitute "Gaon Sabha"; and(ii)Add the following as a new sub-section (3) :-"(3) All land vested in every Gaon Sabha under this Act on the commencement of the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961 shall subject to all conditions and incidents attaching there to vest in the Gaon Sabha constituted for the circle of the Gaon Samaj."V - The Uttar Pradesh Antarim Zila Parishad Act, 1958Section 4In sub-section (2) for the full stop occurring at the end of clause (c) substitute a semi-colon and there after add the following as a new clause (d) :"(d) Pramukhs of Kshettra Samitis established under the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961."Notifications[In exercise of the powers under Section 17 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (U.P. Act No. 33 of 1961) read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 1 of 1904) the Governor, in partial modification of notifications issued in this behalf, is pleased to establish with effect form the date of publication of this notification in the Gazette, a new Zila Panchayat to be known as the Zila Panchayat Chhatrapati Shahuji Maharaj Nagar for the district of Chhatrapati Shahuji Maharaj Nagar created in Government Notification No. 1858/1-5-2010-181-2002, T.C.-Revenue-5, dated July 1, 2010 with its Headquarters at Gauriganj.] [Vide Notification. No. 3265/XXXI 11-2-2010-154G-10-T.C. dated, 15.09.2000, published in the U.P. Gazette, Extraordinary, Part 4, Section (Kha), dated, 15.09.2010.][Substituted by U.P. Act No. 9 of 1994.]
