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State of Uttarakhand - Section

Section 130 in Uttarakhand Panchayati Raj Act, 2016

130. Division of territorial consciences of three tiers Panchayat and ratio of delimitation numbers.

(1)For the purpose of election of members of Gram Panchayat, Kshettra Panchayat and Zila Panchayat every Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the member of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area.
(2)each territorial constituency of a Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall be represented by member in the Gram Panchayat, Kshettra Panchayat and Zila Panchayat.
(3)the territorial constituency of a Gram Panchayat, Kshettra panchayat and the Zila Panchayat may be delimitated in the prescribed manner by the Government-
(a)Any Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall, unless sooner dissolved continue for five years from the date appointed for its first meeting and no longer;
(b)An election to constitute a Gram Panchayat, Kshettra panchayat and Zila Panchayat shall be completed-
(i)before the expiry of its duration specified in clause (a);
(ii)before the expiration of a period of six months from the date of its dissolution :
Provided that where the remainder of the period for which the dissolved Gram Panchayat, Kshettra Panchayat and Zila Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Gram Panchayat, Kshettra Panchayat and Zila Panchayat;
(4)Any Gram Panchayat, Kshettra Panchayat and Zila Panchayat constituted upon the dissolution of a Gram Panchayat, Kshettra Panchayat and Zila Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Gram Panchayat would have continued under clause (4) had it not been so dissolved;
(5)The constitution of a Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall be notified in such manner as may be prescribed and thereupon the Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall be deemed to have been duly constituted, any vacancy therein notwithstanding :Provided that the constitution of a Gram Panchayat, Kshettra Panchayat and Zila Panchayat shall not be notified till the Pradhan, Pramukh, Chairman and at least two-thirds of the members of the Panchayat have been elected.
(6)Notwithstanding anything contained in any other provisions of this Act, where, due to unavoidable circumstances or in public interest, it is not practicable to hold an election to constitute a Gram Panchayat before the expiry of its duration, the State Government or an officer authorized by it in this behalf may, by order, appoint an consisting of such number of persons qualified to be elected as members of the Gram Panchayat, as it may consider proper or an Administrator and such the Administrator shall hold office for such period not exceeding six months as may be specified in the said order and all powers, functions and duties of the Gram Panchayat, its Pradhan Kshetra panchayat, its Pramukh , Zila Panchayat its Chairman and the powers and function of all three levels of panchayat Committees shall vest in and be exercised, performed and discharged by such Administrator, as the case may be.