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State of Uttarakhand - Section

Section 2 in Uttarakhand Panchayati Raj Act, 2016

2. Definitions.

- In this Act, unless the context otherwise requires :-
(1)"adult" means a person who has attained the age of eighteen years ;
(2)"Gram Sabha" means a body established under section 3(a), and consisting of persons registered in the electoral rolls relating to a village comprised within the area of a Gram Panchayat;
(3)"rural area" means the village as mentioned in the records relating to the revenue except the Urban body areas and cantonment areas of all levels in the district and it includes a village declared by general or special order for the purposes of this Act by the State Government;
(4)"Gram Panchayat" means the Gram Panchayat established under section 4(1) ;
(5)"Kshettra Panchayat" means any Kshettra Panchayat and shall include any committee, member, officer or servant of the Kshettra Panchayat authorised or required under this Act to exercise any powers or perform any duty or function of the Kshettra Panchayat under this Act;
(6)"Khand" means any development Khand ;
(7)"house" includes any shop, warehouse, shed and any enclosure used for keeping carts or cattle ;
(8)"Zila Panchayat" means Zila Panchayat incorporated under this Act and shall include any committee and any member, officer or servant of the Zila Panchayat, authorised or required under this Act to exercise any powers or perform any duty or function of the Zila Panchayat under this Act;
(9)"Backward Classes" means the reservation rules for the Other Backward Classes in the Uttrakhand as provisions specified for this purpose by the State Government;
(10)"Scheduled Castes" means the castes deemed to be Scheduled Castes for the purposes of the Constitution of India;
(11)"Scheduled Tribes" means the Tribes deemed to be Scheduled Tribes for the purposes of the Constitution of India;
(12)"Schedule Bank" shall have the meaning assigned to the expression in the Reserve bank of India Act, 1934;
(13)"town area" shall have the meaning assigned to it under the Municipalities Act. In this area, the area falling under the bodies of all levels of the town bodies shall be included in the town area;
(14)"cantonment" and "cantonment board" shall have the same meanings assigned to them under the Cantonments Act, 1924;
(15)"Land Management Committee" means a Land Management Committee of Gram Panchayat for the purpose of this Act;
(16)"Panchayat" means Panchayats constituted of three tiers for the rural area of State under this Act;
(17)"Wards election areas of the Panchayat" means ward election area of Gram Panchayat in context of Kshettra Panchayat ward election area of any Kshettra Panchayat and in context of Zila Panchayat ward election area of any Zila Panchayat;
(18)"Chairman and Vice chairman in the context of Concerning Panchayat as Gram Panchayat, Kshettra Panchayat and Zila Panchayat" means the Pradhan or Up Pradhan or Pramukh or Up Pramukh and Chairman and Vice chairman of these institutions respectively;
(19)"Panchayat Employee" means such persons who is employed and in- service in the three tiers Panchayat institutions whether he is getting pay from the Fund of the State Government;
(20)"Collector" or "District Magistrate" or "Sub-Divisional Magistrate", in relation to the Panchayat means the Collector, District Magistrate or Sub-Divisional Magistrate of the district or the sub-division, as the case may be, in which such Panchayat is constituted and shall respectively include Additional Collector, Additional District Magistrate and Additional Sub-Divisional Magistrate;
(21)"District Magistrate" means the district magistrate appointed under section 20 of the Code of Criminal Procedure, 1973;
(22)"District Level Officer" means such officers of the district as the State Government may from time to time specify as such by notification in the Gazette;
(23)"State Election Commission" means the State Election Commission referred to in Article 243-K of the Constitution of India;
(24)"Electoral Registration Officer" means such an officer who is designated or nominated as such by the State Election Commission in consultation with the State Government for preparing and revising the electoral rolls in any district.
(25)"Assistant Electoral Registration Officer" means such person who is appointed as such by the Electoral Registration Officer for one or more Panchayat areas;
(26)"Finance Commission" means the Finance Commission constituted under Article 243-I of the Constitution;
(27)[ "State Election Commissioner" means an officer of the State Government designated as such by the Governor;] [Substituted by Uttarakhand Act No. 10 of 2019.]
(28)"Judge" means the .District Judge and, includes any other subordinate civil judicial officer named or designated by the District Judge in this behalf;
(29)"Division", "district" and "tehsil" shall have the same meanings as they have in the Land Revenue Act, 1901, division, district and tehsil respectively;
(30)"Commissioner of the division"" with reference to a Kshettra Panchayat or Zila Panchayat means the commissioner appointed under section 12 of the United Provinces Land Revenue Act, 1901, for the division within which the Kshettra Panchayat or the Zila Panchayats as the case may be exercises its jurisdiction and includes an additional commissioner appointed under this Act for such division;
(31)"Population" means the population as ascertained at the last preceding census of which the relevant figures have been published;
(32)"Quarter" when referring to a period of time means a period of three months commencing on the first day of any of the months of January, April, July and October;
(33)"Prescribed" means prescribed by this Act or by any rule made thereunder;
(34)"Prescribed Authority" means any person or authority notified by the State Government in the Gazette as, prescribed authority for any purpose under this Act;
(35)"Rule" means a rule made by the State Government in exercise of a powers conferred by this Act ;
(36)"Bye-laws" means a bye-laws made by the State Government in exercise of a powers conferred by this Act ;
(37)"Regulations" means a regulations made by the State Government in exercise of a powers conferred by this Act;
(38)"State" means the State of Uttarakhand;
(39)"State Government" means the Government of Uttarakhand;
(40)"Electoral Rolls of Legislative Assembly " means such electoral rolls or any election area of the State Legislative Assembly which is prepared according or under the provisions of the Representation of the People Act, 1951;
(41)"Government" means the Central Government or the Government of any State of the Indian Union ;
(42)"Public Street" means any road, street, bridge, lane, square, court, alley or passage from which the public has a right to pass along, and includes on either side the drains or gutters and the land up to the defined boundary of any abutting property notwithstanding any projection over such land of any verandah or other superstructure but does not include any such road, street, bridge, lane, square, court, alley or passage owned, maintained or repaired by the State Government or the Central Government or any other local authority;
(43)"Public Servant" means a public servant as defined in section 21 of the Indian Penal Code, 1860(Act no 45 of 1860);
(44)"Local Authority" means and it includes a Gram Panchayat ;
(45)"Public Property" and "public land" means any public building, park or garden or other place to which for the time being the public have or are permitted to have access whether on payment or otherwise;
(46)"Person in the service of the Government" does not include a District Government Counsel, an Additional or Assistant District Government Counsel, any other counsel engaged by the Government and who has not paid monthly salary, a Government counsel in State Government, a person holding a purely honorary office or a person who has retired from the service of the Government;
(47)"District Planning Committee" means a Committee constituted under Article 243 - Z D of the Constitution of India;
(48)"Family" means such group of persons in which spouse, son, unmarried daughter, parents, brother or any other member who is residing together and take food on one hearth.
(49)[ "Nagar pramukh" means chairman in case of nagar panchayat in nagar panchayat area, chairman of municipality in municipality area and mayor of municipal corporation in municipal corporation area. [Inserted by Uttarakhand Act No. 10 of 2019.]
(50)"Up-nagar pramukh" means Vice-Chairman in case of nagar panchayat in nagar panchayat area, Vice-Chairman of municipality in municipality area and deputy-mayor of Municipal Corporation in municipal corporation area.]