Section 17 in The U.P. Kshettra Panchayats And Zila Panchayats Adhiniyam, 1961
17. Establishment and incorporation of Zila Panchayats.
- [(1) There shall be a Zila Panchayat for each district bearing the name of the district and constituted as hereinafter provided.(2)The Zila Panchayat shall be a body corporate.] [Substituted by U.P. Act No. 21 or 1995.](2A)[ The Zila 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 Kshettra Panchayats and Zila Panchayats (Sanshodhan) Adhyadesh, 1965] [Inserted by Section 6 of U.P. Act No. 16 of 1965.](3)Where a new District is created, the Zila Panchayat having jurisdiction in any area therein immediately before the creation of the new district shall continue to exercise such jurisdiction until a new Zila Panchayat is established in that district, and on the establishment of a new Parishad -(i)all taxes, fees, fines or penalties imposed or levied and all licences or permits granted on the date immediately preceding the date on which such Zila Panchayat is established (hereinafter called the said date), by the Zila Panchayat which had jurisdiction in the area of the new district, shall be deemed to have been imposed, levied or granted by the new Zila Panchayat under and in accordance with the provisions of this Act and shall, until abolished, modified or changed, continue to be so realizable or effective; and(ii)anything done or any action taken, including any appointment or delegation made, notification, order or direction issued, rule, regulation, form, bye-law or scheme framed, permit or licence granted or registration effected under the provisions of this Act by the Zila Panchayat having jurisdiction in the area of the new district immediately preceding the said date, shall, with respect to the new district be deemed to have been done or taken by the new Zila Panchayat under the provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or any action taken under this Act.(4)If at any time any area is newly included in any existing district and on the date immediately preceding the date of such inclusion a Zila Panchayat was exercising jurisdiction over such area, the provisions of subsection (3) shall apply as if the area newly included were a new district and the Zila Panchayat newly constituted for the enlarged district were the new Zila Panchayat for the purpose of the sub-section.(5)[ Any vacancy in any category of members referred to in clauses (a) to (d) of sub-section (1) of Section 18 shall be no bar to the constitution or reconstitution of a Zila Panchayat.(6)The Constitution of a Zila Panchayat shall be notified in the Gazette.] [Inserted by U.P. Act No. 29 of 1995 (w.e.f 20.5.1995).][18. Composition of Zila Panchayat. - (1) A Zila Panchayat shall consist of an Adhyaksha who shall be its Chairperson, and -(a)Pramukhs of all Kshettra Panchayats in the District;(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 such territorial constituency shall have a population of fifty thousand:[Provided that in the hill districts of Nanital, Almora, Pithoragarh, Tehri, Pauri, Dehradun, Chamoli or Uttarkashi, the State Government may declare an area within a radius of seven kilometres (diameter of fourteen kilometres) from the centre of the village specified by it in this behalf, or an area equivalent thereto as may be prescribed, to be a territorial constituency though such constituency may have a population of less than fifty thousand:Provided further that in the territorial constituency of a Zila Panchayat, no territorial constituency of a Kshettra Panchayat comprised within it, shall be included in part.] [Substituted by U.P. Act No. 9 of 1994.](c)the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise any part of the Panchayat area;(d)the members of the council of States and the members of the State Legislative Council who are registered as electors within the Panchayat area.(2)The members of the Zila 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 Zila Panchayat except in matters of election of, and on a motion of no-confidence against, the Adhyaksha or the [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f 20.08.2007).].(3)Each territorial constituency referred to in clause (b) of sub-section (1) shall be represented by one member.](4)[ The territorial constituencies of a Zila Panchayat may be delimitated in the prescribed manner and if necessary rules in this regard may be made with retrospective effect from a date not earlier than the date of commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994] [Inserted by U.P. Act No. 21 ofl 995 (w.e.f. 22.4.1994).]Uttarakhand AmendmentSection 18(1)(b) of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Act (Uttaranchal Adaptation and Modification Order), 2001 shall be amended as follows :-["18(1)(b). Elected members u'ho will be elected by direct election from territorial constituency of Zila Panchayat and for this purpose the Panchayat area will be divided in territorial constituencies as follows :(1)Minimum 2 territorial constituencies shall be fixed in the development blocks of hill area having the population up to 24,000 and in the development blocks having the population more than 24,000 there shall be gradual proportional constituencies as follows:(2)Minimum 2 territorial constituencies shall be fixed in the development blocks of lull area having the population up to 50,000 and in the development blocks having the population more than 50,000 there shall be gradual proportional increase in the number of the territorial constituencies :Provided that the proportional population of the territorial constituencies in thedevelopment blocks will be the same as far as practicable :Further provided that a part of the territorial constituency of the Kshettra Panchayat shall not be included in the territorial constituency of any Zila Panchayat."] [Vide Uttarakhand Act No. 8 of 2002.][18A. Reservation of seats. - (1) In every Zila Panchayat, seats shall reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes and the number of seats so reserved shall, as nearly as may be, bear the same proportion to the total number of seats to be filled by direct election in the Zila Panchayat as the population of the Scheduled Castes in the Panchayat area or of the Scheduled Tribes in the Panchayat area or of the Backward Classes in the Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different territorial constituencies in a Zila Panchayat in such order as may be prescribed :Provided that the reservation for the Backward Classes shall not exceed twenty-seven per cent of the total number of seats in the Zila Panchayat.[Provided further 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.] [Substituted by U.P. Act No. 9 of 1994.](2)Not less than one third of the seats reserved under sub-section (1) shall be reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes as the case may be.(3)Not less than one third of the total number of seats, including the number of seats reserved under sub-section (2), shall be reserved for women and such seats may be allotted by rotation to different territorial constituencies in a Zila Panchayat in such order as may be prescribed.(4)The reservation of seats for the Scheduled Castes and the Scheduled Tribes 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 the persons belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes, and the women from contesting election to unreserved seats.]Uttarakhand Amendment(1)[In the first proviso of sub-section (1) of Section 18-A, for the words "twenty-seven", the word "fourteen" shall be substituted] [Vide Uttarakhand Act No. 30 of 2005.](2)[In Section 18-A. the words, 'not less than one-half shall be substituted in place of words 'not less than one-third', occurring in sub-section (2) and (3).] [Vide Uttarakhand Act No. 7 of 2008.][18B. Electoral roll for Zila Panchayat. - (1) There shall be an electoral roll for each territorial constituency of a Zila Panchayat.(2)The electoral roll for the territorial constituency of a Zila Panchayat shall consist of the electoral rolls for all such territorial constituencies of a Kshettra Panchayat or Kshettra Panchayats as are comprised within the territorial constituencies of the Zila Panchayat and it shall not be necessary to prepare or revise separately the electoral roll for any such territorial constituency of Zila Panchayat:Provided that any correction, addition or deletion made in the electoral roll after the last date for making nominations for elections to the Zila Panchayat and before the completion of that election shall not be taken into consideration for the purpose of that election] [Substituted by U.P. Act No. 9 of 1994.].[18C. Right to vote etc. - Except as otherwise provided by or under this Act, every person whose name is for the time being, included in the electoral roll for the territorial constituency of a Zila Panchayat shall be entitled to vote at any election thereto and be eligible for election to the membership or to any office in the Zila Panchayat:Provided that a person who has not completed the age of twenty-one years shall not be qualified to be elected as a member or office bearer of the Zila Panchayat.] [Substituted by U.P. Act No. 9 of 1994.][19. Adhyaksha and [x x x] [Substituted by U.P. Act No. 9 of 1994.]. - (1) In every Zila Panchayat an Adhyaksha and a [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] shall be elected by the elected members of the Zila Panchayat from amongst themselves.(2)The election to the office of Adhyaksha and [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] may be held notwithstanding any vacancy in the office of the elected members of the Zila Panchayat.]
