Section 5 in The U.P. Kshettra Panchayats And Zila Panchayats Adhiniyam, 1961
5. Section 6(1)(b) of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Act (Uttaranchal Adaptation and Modification Order), 2001 shall be amended as follows -
"6(1)(b). Elected members who will be elected from territorial constituency of Panchayat area and for this purpose the Panchayat area will be divided in territorial constituencies as follows :(1)There shall be 20 territorial constituencies in the development blocks of hill area having the population up to 25,000 and in the development blocks having the population more than 25,000 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 up to 50,000 and in the development blocks having the population more than 50,000 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 :[Further provided that a part of the territorial constituency of the Gram Panchayat shall not be included in the territorial constituency of any Kshettra Panchayat."] [Vide Uttarakhand Act No. 8 of 2002.][6A. Reservation of seats. - (1) In every Kshettra Panchayat seats shall be reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes and the number of seats so reserved shall, as nearly as may be, bear the same proportion to the total number of seats to be filled by direct election in the Kshettra Panchayat as the population of the Scheduled Castes in the Khand or of the Scheduled Tribes in the Khand or of the Backward Classes in the Khand bears to the total population of such Khand and such seats may be allotted by rotation to different territorial constituencies in a Kshettra Panchayat in such order as may be prescribed :Provided that the reservation for the Backward Classes shall not exceed twenty-seven per cent of the total number of seats in the Kshettra Panchayat.[Provided further that if the figures of population of the backward classes are not available, their population may be determined by carrying out a survey in the prescribed manner.] [Inserted by U.P. Act No. 9 of 1994.](2)Not less than one-third of the seats reserved under sub-section (1) shall be reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.(3)Not less than one-third of the total number of seats, including the number of seats reserved under sub-section (2) shall be reserved for women and such seats may be allotted by rotation to different territorial constituencies in a Kshettra Panchayat in such order as may be prescribed.(4)The reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.Explanation. - It is clarified that nothing in this section shall prevent the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes and the women from contesting election to unreserved seats.] [Substituted by U.P. Act No. 9 of 1994.]Uttarakhand Amendment(1)[In the first proviso of sub-section (1) of Section 6-A of the Principal Act, for the words "twenty-seven", the word "fourteen" shall be substituted.] [Vide Uttarakhand Act No. 30 of 2005.](2)[In Section 6-A, the words "not less than one-half shall be substituted in place of words "not less than one-third", occurring in sub-section (2) and (3).] [Vide Uttarakhand Act No. 7 of 2008.][6B. Electoral rolls for Kshettra Panchayat. - (1) There shall be an electoral roll for each territorial constituency of a Kshettra Panchayat.(2)The electoral roll for the territorial constituency of a Kshettra Panchayat shall consist of the electoral rolls prepared under Section 9 of the United Provinces Panchayat Raj Act, 1947 for all territorial constituencies of a Gram Panchayat or Gram Panchayats comprised within the territorial constituency of the Kshettra Panchayat and it shall not be necessary to prepare or revise separately the electoral roll for any such territorial constituency of a Kshettra Panchayat :Provided that any correction, deletion or addition made in the electoral roll after the last date for making nominations for any election to the Kshettra Panchayat and before the completion of that election shall not be taken into consideration for the purposes of that election.] [Inserted by U.P. Act No. 9 of 1994.][6C. Right to vote etc. - Except as otherwise provided by or under this Act, every person whose name is, for the time being, included in the electoral roll for the territorial constituency of a Kshettra Panchayat shall be entitled to vote at any election thereto and be eligible for election to the membership or of any office in the Kshettra Panchayat:Provided that a person who has not completed the age of twenty-one years shall not be qualified to be elected as member or office bearer of the Kshettra Panchayat.] [Inserted by U.P. Act No. 9 of 1994.][7. Pramukh] [Substituted by U.P. Act No. 9 of 1994.] [x x x]. [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).] - (1) In every Kshettra Panchayat a Pramukh, a 4[x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).] and a [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).] shall be elected by the elected members of the Kshettra Panchayat from amongst themselves.(2)The election to the office of Pramukh and [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f 20.8.2007).] may be held notwithstanding any vacancy in the office of the elected members of Kshettra Panchayat.(3)[ Notwithstanding anything to the contrary contained in any other provision of this Act, the persons who have been elected to the office of the Up-Pramukh before the commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 2007 shall continue to hold the office as such till the expiry of their term as if the said Act were not enacted.] [Inserted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).][7A. Reservation of the offices of Pramukhs. - (1) The offices of the Pramukhs of Kshettra Panchayats in the State shall be reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes :Provided that the number of office of the Pramukhs so reserved shall bear, as nearly as may be, the same proportion to the total number of such offices in the State as the population of the Scheduled Castes in the State or of Scheduled Tribes in the State or of the Backward Classes in the State bears to the total population of the State and the offices so reserved may be allotted by rotation to different Kshettra Panchayats in the State in such order as may be prescribed :Provided further that the reservation for the Backward Classes shall not exceed-twenty-seven per cent of total number of offices of Pramukhs in the State.[Provided also that if the figures of population of the backward classes are not available, their population may be determined by carrying out a survey in the prescribed manner] [Inserted by U.P. Act No. 9 of 1994.](2)Not less than one-third of the offices reserved under sub-section (1) shall be reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.(3)Not less than one-third of the total number of offices of Pramukhs, including the number of offices reserved under sub-section (2), shall be reserved for women and such offices may be allotted by rotation to different Kshettra Panchayats in the State in such order as may be prescribed.(4)The reservation of the offices of Pramukhs for the Scheduled Castes and the Scheduled Tribes under this section shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.Explanation. - It is clarified that nothing in this section shall prevent the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, and the women from contesting election to unreserved offices.]Uttarakhand Amendment(1)[In the first proviso of sub-section (1) of Section 7-A, for the words "twenty-seven", the word "fourteen" shall be substituted.] [Vide Uttarakhand Act No. 30 of 2005.](2)[In Section 7-A the words "not less than one half shall be substituted in place of words "not less than one-third", occurring in sub-section (2) and (3).] [Vide Uttarakhand Act No. 7 of 2008.][8. Term of Kshettra Panchayat and its members. - (1) Every Kshettra Panchayat shall, unless sooner dissolved under this Act, continue for five years the date appointed for its first meeting and no longer.(2)The term of office of a member of a Kshettra Panchayat shall, unless otherwise determined under the provisions of this Act, expire with the term of Kshettra Panchayat.(3)An election to constitute a Kshettra Panchayat shall be completed -(a)before the expiry of its duration specified in sub-section (1);(b)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 Kshettra 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 Kshettra Panchayat for such period.] [Substituted by U.P. Act No. 9 of 1994.](3A)[ Notwithstanding anything contained in any other provisions of this Act, where, due to unavoidable circumstances or in public interest, it is not practicable to hold an election to constitute a Kshettra Panchayat before the expiry of its duration, the State Government or an officer authorised by it in this behalf may, by order, appoint an Administrative Committee consisting of such number of persons qualified to be elected as members of the Kshettra Panchayat, as it may consider proper or an Administrator and the members of the Administrative Committee or the Administrator shall hold office for such period not exceeding six months as may be specified in the said order and all powers, functions and duties of the Kshettra Panchayat, its Pramukh and Committees shall vest in and be exercised, performed and discharged by such Administrative Committee or the Administrator, as the case may be.(4)A Kshettra Panchayat constituted upon the dissolution of a Kshettra Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Kshettra Panchayat would have continued under sub-section (1) had it not been so dissolved.(5)A person who has become a member of the Kshettra Panchayat under clauses (a),(c) or (d) of sub-section (1) of Section 6 shall cease to be a member upon his ceasing to hold the office by virtue of which he has become such member.] [Inserted by U.P. Act No. 22 of 2000 (w.e.f. 18.03.2000).]
