Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 21] [Entire Act]

State of Uttar Pradesh - Section

Section 11 in The U.P. Panchayat Raj Act, 1947

11. [Meetings and functions of the Gram Sabha.] [Substituted by ibid.] -

(1)Every [Gram Sabha] [Substituted by U.P. Act No. 9 of 1994.] shall hold two general meetings in each year, one soon after harvesting of the Kharif Crop, hereinafter called the Kharif meeting, and the other soon after harvesting of the Rabi Crop hereinafter called the Rabi meeting [which shall be presided over by the Pradhan of the concerned Gram Panchayat] [Inserted by U.P. Act No. 9 of 1994.]:Provided that the Pradhan at any time may, or upon a requisition in writing by the prescribed authority or by not less than one-fifth of the number of the members shall, within 30 days from the receipt of such requisition, call an extraordinary general meeting. The time and place of all the meetings of the [Gram Sabha] [Substituted by U.P. Act No. 9 of 1994.] shall be published in the prescribed manner:Provided further that where the Pradhan fails to call a meeting as aforesaid, the prescribed authority may do so within a period to be prescribed.
(2)For any meeting of the [Gram Sabha] [Substituted by U.P. Act No. 9 of 1994.] one-fifth of the number of members shall form the quorum; provided that no quorum shall be necessary for a meeting adjourned for want of quorum.
(3)[ The Gram Sabha shall consider the following matters and may make recommendations and suggestions to the Gram Panchayat, -
(a)the annual statement of accounts of the Gram Panchayat, the report of administration of the preceding financial year and the last audit note and replies, if any, made thereto;
(b)the report in respect of development programmes of the Gram Panchayat relating to the preceding year and the development programmes proposed to be undertaken during the current financial year;
(c)the promotion of unity and harmony among all sections of society in the village;
(d)programmes of adult education within the village;
(e)such other matters as may be prescribed.
(4)The Gram Panchayat shall give due consideration to the recommendations and suggestions of the Gram Sabha.
(5)The Gram Sabha shall perform the following functions namely, -
(a)Mobilising voluntary labour and contributions for the community welfare programmes;
(b)Identification of beneficiaries for the implementation of development schemes pertaining to the village;
(c)Rendering assistance in the implementation of development schemes pertaining to the village.]
[Chapter III-A] [Inserted by U.P. Act 9 of 1994.] Gram Panchayats[11A. Pradhan [* * *] [Substituted by ibid.] of Gram Panchayat. - [(1) There shall be a Pradhan of the Gram Panchayat who shall be the Chairperson thereof] [Substituted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).]
(2)The State Government shall, by order, reserve offices of Pradhans for the Scheduled Castes, the Scheduled Tribes, and the Backward Classes:Provided that the number of offices of Pradhan reserved for the Scheduled Tribes and the backward classes in the State shall bear, as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or the Backward Classes in the State bears to the total population of the State:Provided further that the reservation for the Backward Classes shall not exceed twenty-seven per cent of the total number of offices of Pradhans:[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. 21 of 1995.]
(3)Not less than one-third of the total number of offices of Pradhans reserved under sub-section (2) shall be reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the Backward Classes.
(4)Not less than one-third of the total number of offices of Pradhans, including the number of offices of Pradhan reserved under sub-section (3), shall be reserved for women.
(5)The offices of the Pradhans reserved under this section shall be allotted by rotation to different Gram Panchayats in such order as may be prescribed.
(6)The reservation of the offices of Pradhans 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 persons belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and the women from contesting election to unreserved seats.] [Inserted by U.P. Act No. 9 of 1994.][Uttarakhand] [The word 'Uttaranchal' Substituted by Section 3 of Act No. 52 of 2006 (w.e.f. 1.1.2007).] Amendment[In the first proviso of sub-section (2) of Section 11-A of the Principal Act for the words "twenty seven", the word "fourteen" shall be substituted.] [Substituted by Uttaranchal Act No. 30 of 2005.][ 2. Amendment of sub-section (3) and (4) of Section 11-A. - In Section 11-A of the United Provinces Panchayat Raj Act, 1947 (as amended from time to time and as applicable to the State of Uttarakhand) hereinafter referred to as the principal Act) -"In place of words 'not less then one-third' occurring in sub-section (3) and (4), the word 'not less than one-half shall be substituted."] [Vide Uttarakhand Act No. 7 of 2008 (w.e.f. 28.05.2008).].[11B. Election of Pradhan. - (1) The Pradhan of the Gram Panchayat shall be elected by the persons registered in the electoral rolls for the territorial constituencies of the Panchayat area from amongst themselves.
(2)If at any general election to a Gram Panchayat, the Pradhan is not elected, and less than two-thirds of the total member of Gram Panchayat are elected, the State Government or an officer authorised by it in this behalf may, by order, either appointor -
(i)An Administrative Committee consisting of such number of persons qualified to be elected as members of the Gram Panchayat, as it may consider proper, or
(ii)An Administrator.
(3)The members of the Administrative Committee of the Administrator shall hold office for such period not exceeding six months as the State Government may-specify in the order referred to in sub-section (2).
(4)On the appointment of an Administrative Committee or an Administrator under sub-section (2), the person, if any, chosen as Pradhan or member of the Gram Panchayat before such appointment shall cease to be such Pradhan or member, as the case may be, and all powers, functions and duties of the Gram Panchayat, its Pradhan and Committees shall vest in, and be exercised, performed and discharged by such Administrative Committee or the Administrator, as the case may be.
(5)The Administrative Committee or the Administrator shall be deemed to be duly constituted Gram Panchayat for the purposes of this Act:Provided that if at any time after the appointment of the Administrative Committee or the Administrator under sub-section (2) the State Government is satisfied that there is no difficulty in duly constituting the Gram Panchayat, the State Government may, notwithstanding that the period for which the Administrative Committee or the Administrator had been appointed has not expired, direct the State Election Commission for holding the elections for constituting the Gram Panchayat.
(6)Except as otherwise provided in this Act, the term of office of Pradhan shall be coterminous with the term of the 'Gram Panchayat'] [Substituted by U.R Act No. 9 of 1994.].