Section 4 in The U.P. Antarim Zila Parishad Act, 1958
4. Constitution of Antarim Zila Parishads.
(1)The State Government shall, with a view to facilitate the establishment of Zila Parishads for the co-ordinated administration of the affairs concerning economic and social planning and local Self-Government in the district and to ensure smooth transition, by notification in the Gazette, constitute an Antarim Zila Parishad in each district of Uttar Pradesh which shall be called by the name of the Antraim Zila Parishad of District...........(name of the district).......and which shall be a body corporate having a perpetual succession and a common seal and by such name may sue and be sued :[Provided that in the case of any district created after the commencement of this Act, all the powers, duties and functions of the Antarim Zila Parishad, its Adhyaksha or any committee of the Antarim Zila Parishads, shall, in respect of all matters, including funds and property, whether under this Act, the U.P. District Boards Act, 1922, or any other law, vest in the Collector of such district, and the Colllector shall exercise all such powers, perform all such duties, and discharge all such functions and be deemed to be the Antarim Zila Parishad, the Adhyaksha or the Committee, as the case may be.] [Added by U.P. Act VI of 1961](2)The Antarim Zila Parishad of a district shall consist of -(a)all the members of the District Planning Committee for the district [except the District Magistrate] [Added by U.P. Act VI of 1961]:[Provided that no person not ordinarily residing in the district shall, except as provided in item (1) of para 2 of the Schedule, be a member thereof:Provided further that a person shall cease to be a member of the Antarim Zila Parishad on his ceasing to hold the office or position on account of which he had become a member to the District Planning Committee and subsequently of the Parishad:] [Added by U.P. Act VI of 1961]Provided also that in the Blocks wher Pradhans have been elected as a result of the general election held under the U.P. Panchayat Raj Act, 1947, in the year 1961, one representative of Goan Sabhas for each Block if the number of Blocks in the district exceeds ten, and two representatives for each Blocks in other cases, shall as soon as may be after the enforcement of the Uttar Pradesh Antarim Zila Parishad (Sanshodhan) Adhiniyam, 1961, be elected by the newly elected Pradhans within the area of the Block, notwithstanding the non-commencement of the term of any such Pradhan, and by existing Pradhans of such Gaon Sabhas in the Block for which Pradhans have not been elected in the general election of 1961, from amongst .Pradhans entitled to vote at such election, in the manner provided by rules made under this Act, and the term of the representatives, if any, under item (13) of para. 2 of the Schedule, who are members of the Antarim Zila Parishad on the date of enforcement of the aforesaid Adhiniyam, shall thereupon determine, if not already determined.Explanation. - (1) For the purposes of this provision a 'block' shall means any specified area earmarked as such by State Governemt from time to time for purposes of planning and development in that area and shall inlcude Blocks formerly designated as National Extention Service Blocks or Shadow Blocks, as mentioned in item (13) of para. 2 of the Schedule, and since reconstituted or re-named.Explanation. - (2) For the purposes of the proviso newly elected Pradhans shall means all such Pradhans as have been declared elected up to the date of issue of the notice calling upon the pradhans to elect a representative.(b)five members elected by an electoral college consisting of the persons who were members and President of the erstwhile District Board of the district on April 30, 1958 to nominated by the State Government under section 5, and ,(c)in the case of Varanasi District only, two members elected by an electoral college consisting of the persons who were members and President of the erstwhile Sub-District Board of Bhadohi or nominated by the State Government under section 5.(d)[ Pramukhs of Kshettra Samitis established under the Uttar Pradesh Keshttra Sammitis and Zila Parishads Adhiniyam, 1961] [ Added by item V, Schedule VIII o I.P. Act XXXIII of 1961].(3)[ Every Antarim Zila Parishad shall have an Adhyaksha, who, except in the case of district created after the commencement of this Act, shall be elected by all the members of the Parishad other than the official members thereof.(4)Subject to the provisions of this Act and the rules made thereunder every person whose name is for the time being entered as an elector from any area in the district in the electoral rolls for any Legislative Assembly Constituency shall be eligible for elction as an Adhyaksha.(5)No person shall be eligible for election as an Adhyaksha, if he -(a)is disqualified under section 13 of the U.P. District Boards Act, 1922, for membership of a Board ; or(b)is a member of the Parliament or of the Legislature or Adhyaksha or a . Nagarpalika ; or(c)is an official member of the Antarim Zila Parishad; or(d)is Secretary, District Army, Navy and Air Force Board; or(6)The manner of election, declaration of the result of election, notification of the name of person elected as Adhyaksha and settlement of disputes arising out of or relating to the election shall be prescribed by rules make under this Act.(7)The Adhyaksha shall assume charge of his office with effect from the date of the publication of the result of his election in the Gazette and till such date the Adhyaksha preceding him shall continue in office.(8)A President of a Notified Area Committee or the Chairman of a Town Area Committee or the Pradhan of a Gaon Sabha, an election as Adhyaksha shall, with effect from the date of such election, cease to be the President of the Notified Area Committee, or the Chairman of the Town Area Committee, or the Pradan of the Gaon Sabha, as the case my be.(9)A vacancy arising in the office of Adhyaksha by reason of death, resignation or any other casue shall be filled by election in the manner provided in sub-section (3).(10)The official members of the Antarim Zila Parishad shall have no right of vote at its meeting, for anything contained in this Act, or the U.P. District Boards Act, 1922, or any other law to the contrary notwithstanding.(11)The existence of any vacancy in the membership of the Parishad shall not invalidate any election, or any resolution passed or any act done by the Parishad.(12)If a person holding the office of Upadhyaksha is elected as Adhyaksha or if a vacancy is caused in the office of the Upadhayaksha for any other reasons, the Upadhyaksha shall be elected by the members entitled to vote and in the same manner as at the election of an Adhyaksha.(13)The Adhyaksha, when present shall preside at the meetings of the Antarim Zila Parishad and shall in case of equality of votes, have a casting vote.] [Substituted forSections 3 and 4 by U.P. Act VI of 1961]
