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State of Uttar Pradesh - Section

Section 4 in The U.P. Kshettra Panchayats And Zila Panchayats Adhiniyam, 1961

4. Effect of changes in Khands.

- When any area is under Section 3 excluded from one Khand and included in another such area shall cease to be subject to the jurisdiction of the Kshettra Panchayat of the Khand from which it has been excluded and become subject to the jurisdiction of the Kshettra Panchayat of the Khand in which it has been included and to the rules, notifications, orders, directions and notices applicable thereto and the State Government may place at the disposal of such Kshettra Panchayat such portion of the assets of the Kshettra Panchayat from whose jurisdiction the area has been excluded as it may deem proper and may make such temporary orders and give such temporary directions as it may consider necessary to effectuate the change:Provided that where the area excluded from the one Khand is included in a new Khand having no Kshettra Panchayat constituted therefor, then [until a Kshettra Panchayat is constituted for the new Khand] [Substituted by Section 15 of U.P. Act No. 3 of 1973.] the Kshettra Panchayat of the Khand from which that area has been excluded, shall continue to exercise jurisdiction in that area, and anything done or any action taken including any appointment or delegation made, notification, order or direction issued, rule, regulation, from bye-law or scheme framed, permit or licence granted or registration effected under the provisions of this Act in respect of such area by such Kshettra Panchayat, shall with respect to the new Khand, be deemed to have been done or ta1en by the new Kshettra Panchayat under the provisions of this Act and shall continue in force accordingly until superseded by anything done or any action taken under this Act.[5. Constitution and incorporation of Kshettra Panchayat. - (1) There shall be a Kshettra Panchayat for every Khand bearing the name of that Khand and constituted as hereinafter provided.
(2)The Kshettra Panchayat shall be body corporate.
(3)The Kshettra Panchayat shall have its office at such place as may be determined by the State Government and until so determined, at the place at which it was situated immediately before the commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994] [Substituted U.P. Act No. 21 of 1995.]
(4)[ Any vacancy in any category of members referred to in clauses (a) to (d) of sub-section (1) of Section 6, shall be no bar to the constitution or reconstitution of a Kshettra Panchayat.
(5)The Constitution of a Kshettra Panchayat shall be notified in the Gazette] [Inserted by U.P. Act No. 29 of 1995 (w.e.f. 20.5.1995).][6. Composition of Kshettra Panchayat. - (1) A Kshettra Panchayat shall consist of a Pramukh, who shall be its Chairperson and-
(a)all the Pradhans of the Gram Panchayats in the Khand;
(b)elected members, who shall be chosen by direct election from the territorial constituencies in the Panchayat area and for this purpose the Panchayat area shall be divided into territorial constituencies in such manner that, so far as practicable, each territorial constituency shall have a population of two thousand :]
[Provided that in the hill Districts of Nainital, Almora, Pithoragarh, Tehri, Pauri, Dehradun, Chamoli or Uttarkashi, the State Government may declare an area within a radius of one kilometre (diameter of two kilometres) from the centre of the village specified by it in this behalf, to be a territorial constituency though such area may have a population of less than two thousand :Provided further that in the territorial constituency of a Kshettra Panchayat, no territorial constituency of a constituent Gram Panchayat shall be included in part] [Inserted by U.P. Act No. 21 of 1995.]
(c)the members of the House of the people and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Khand;
(d)the members of the Council of States and the members of the State Legislative Council who are registered as electors within the Khand.
(2)The members of Kshettra Panchayat mentioned in clauses (a), (c) and (d) of sub-section (1) shall be entitled to take part in the proceedings and vote at the meetings of the Kshettra Panchayat except in matters of election of, and on a motion of no confidence against, the Pramukh or the [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.8.2007).]
(3)Each territorial constituency referred to in clause (b) of sub-section (1) shall be represented by one member.
(4)[ Every elected member of the Zila Panchayat representing constituency which comprises, wholly or partly, and Kshettra Panchayat, shall be entitled to take part and express his views in the meetings of such Kshettra Panchayat as a special invitee but shall have no right to vote in such meetings] [Inserted by U.P. Act No. 33 of 1999.]Uttarakhand Amendment