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State of Uttarakhand - Section

Section 128 in Uttarakhand Panchayati Raj Act, 2016

128. Powers to make rules for Panchayats by the State Government.

(1)The State Government may by notification in the Gazette make rules for carrying out the purposes of this Act.
(2)In particular and without prejudice to the generality of the foregoing powers such rules may provide for-
(i)any matter for which powers to make provisions is conferred expressly or by implication on the State Government by this Act,
(ii)the establishment of Gram Sabha or the constitution of Gram Panchayat;
(a)qualifications for the Pradhan,Up-Pradhan and Members;
(b)presentation and disposal of election petitions and applications for revision;
(c)taking of oath by Pradhan, Up-Pradhan, members of Gram Panchayats ;
(d)filing of resignation by Pradhan, Up-Pradhan, members of Gram Panchayats;
(e)holding of general elections and bye-elections
(f)the nomination of Pradhan and Members of Gram Panchayat;
(g)the carrying out of duties of the Pradhan and the UpPradhan in their absence for any cause ;
(3)the time and place of the meetings of Gram Sabha, and Gram Panchayat, the manner of convening meetings and giving notice thereof;
(4)the conduct of proceedings including the asking of questions by members at meetings and the adjournment of meetings and also minute books of meetings ;
(5)the establishment of committees and the determination of all matters relating to the constitution and procedure of such committees;
(6)the suspension and removal of office-bearers ;
(7)the records and registers that shall be maintained by Panchayats and the form in which they are to be ;
(a)periodical revision and amendment of Gram Sabha and Gram Panchayat registers;
(8)the action to be taken on the occurrence of a vacancy lies in committee as mentioned in section 112;
(9)the authority by which disputes in relation to appointments to executive committee, joint committee any other committee may be decided and the procedure to be followed therein;
(10)the amount and nature of security to be furnished by a servant of the Gram Panchayat from whom it is deemed expedient to require security;
(11)appointment, qualifications, supervisions, dismissible discharge, removal or other punishment and other matters relating to the conditions of service, leave, transfer, pay and privileges of the servants of the Gram Panchayat and their rights to appeal;
(12)management and regulation of provident fund for the servants of Gram Panchayats if the system of provident fund is adopted by any Gram Panchayat ;
(13)the establishment, maintenance and management of primary schools and the construction and repair of buildings thereof;
(14)the establishment, administration and control of libraries, reading rooms, dispensaries entrusted to a joint committee, the construction and repairs of buildings connected therewith and the supply of medicine and medical assistance to the poor inhabitant of the Panchayat area;
(15)the discovery, removal and destruction of water hyacinth, grass, weed or other wild growth on any land, premises or water, the construction of fences and barriers for checking its movements and the cost incurred in carrying out such work;
(16)
(a)action in regard to the sanitation, conservancy, drainage, buildings, public streets and water supply and the prohibition of public nuisance ;
(b)the carrying out of functions and duties of Gram Panchayat as mentioned in sections 37, 38 and 39;
(17)the framing of annual estimates of income and expenditure and ear-marking of fund for specific purposes;
(18)the returns to be submitted by Gram Panchayat, the form in which they are to be, the authorities to which and the time when they shall be submitted ;
(19)the levy of taxes and licence fees, the authority, by which and the manner in which the taxes may be assessed and the authority to which an appeal from an assessment order may be made;
(a)collection of State and other dues by Gram Panchayats and remuneration to be paid therefor ;
(20)the method and time of payment of taxes and other dues, the procedure of recovery and the authority whose assistance may be taken by Gram Panchayats in the recovery of taxes and dues ;
(21)the method of account keeping of Gram Panchayats;
(22)the maintenance of public buildings and nazul land,
(23)the formalities to be observed when transferring any property and the manner in which a deed of contract may be executed by a Gram Panchayat;
(24)powers of auditors, inspectors and superintending authorities to hold inquiries, summoning and examining witnesses, compelling the production of documents and all other matters connected with audit inspection and superintendence,
(25)the powers that may be exercised by Zila Panchayat or any prescribed authority on the discharge of their obligations under this Act and the manner in which such powers may be exercised ;
(26)the procedure to be observed in the making of bylaws by prescribed authority for Gram Panchayats or by Gram Panchayats ;
(27)the prescribing and printing of forms and registers generally relating to any matter under this Act or rules made thereunder;
(28)the submission for approval of plans, designs, specifications and estimates ;
(29)the duties, powers and functions of village volunteer force;
(30)the submission of annual reports by Gram Panchayats and their review ;
(31)persons, other than members of Gram Panchayats, who may be present in an advisory capacity in meetings of Gram Panchayats ;
(32)channel of correspondence between Gram Sabha and a Gram Panchayats;
(33)disposal of assets and liabilities of Gram Sabhas and Gram Panchayats on its abolition ;
(34)the action to be taken on the inclusion of the whole or part of the local area of Gram Panchayat to any City municipality, notified area, town area or cantonment, and the manner in which the assets and liabilities of the Gram Panchayat may be disposed of in circumstances ;
(35)subject to the conditions which sums due to a Gram Panchayat may be written off as irrecoverable and generally for the guidance of Gram Panchayats, joint committees, or the committees, servants of the Crown and other authorities in any matter connected with the carrying out of the provisions of this Act;
(36)the regulation of the election of the members of the Gram Panchayat in order to secure the adequate representation of the Scheduled Castes;
(37)assistance to be given by the Gram Panchayat to Government servants on any matter affecting the general administration ;
(38)borrowing and lending of money by Gram Panchayats;
(39)the matters which are to be and may be prescribed; and
(40)any matter in respect of which powers is conferred in this Act on the prescribed authority to frame bye-laws for a Gram Panchayat.