Uttar Pradesh Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual

 
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Preamble

[Directions meant to be issued as according to Section 126, U. P. Zamindari Abolition and Land Reforms Act read with Rule 115 of the U. P. Zamindari Abolition and Land Reforms Rules, 1952 alongwith U. P. Panchayat Raj Act, 1947 and the Rules framed thereunder.]

Chapter I

Constitution and Conduct of Business of Gram Sabha and its Bhumi Prabandhak Samiti

1 . Gram Sabha--

[Sections 3 and 16 of U.P. Panchayat Raj Act, 1947]--Gram Sabha is a group of one village or many villages. It is known by that name to which the State Government declare it by notification such name and its jurisdiction which is published in the Government Gazette. Such notification may be issued by that authority to whom he has been assigned by the State Government.

2 . Circle [Section 3 (3-A) of U.P.Z.A. and L.R. Act].--

'Circle' means any area for which a Gram Sabha has been established under the U. P. Panchayat Raj Act, 1947. [See Section 2(d), U.P. Panchayat Raj Act, 1947].

3 . Gram Sabha a legal person [Section 4, U.P. Panchayat Raj Act, 1947].--

Every Gram Sabha shall, by the name notified in the official Gazette under Section 3 of U.P. Panchayat Raj Act, 1947, be a body corporate, having perpetual succession and a common seal and shall, subject to any restriction or condition imposed by the U. P. Panchayat Raj Act, 1947 or by any other Act, have power to acquire, by purchase, gift, or otherwise, to hold, administer, and transfer property, both movable and immovable, and to enter into any contract, and shall, by the said name, sue or be sued.

4 . Performance and exercise of functions, duties and powers [Section 117-A, U.P.Z.A. & L.R. Act].--

Where any village or a part of a village situated within the territorial limits of any other local authority, not being Gram Sabha, the State Government may, by geneal or special order to be published in the manner prescribed, direct that in relation to the holding area within any such village or part thereof or, such local authority, as may be specified in such order, shall perform, discharge and exercise, subject to such exceptions, conditions and modifications, if any, as may be specified in this behalf, the functions, duties and powers assigned, imposed or conferred by or under the U. P. Zamindari Abolition and Land Reforms Act, 1950 or U. P. Panchayat Raj Act, 1947 on a Gram Sabha or Bhumi Prabandhak Samiti.

5 . Members of Gram Sabha [Section 5, U.P. Panchayat Raj Act, 1947]--

Every person, whose name is for the time being is included in the electoral roll of the Gram Sabha, shall be a member of that Gram Sabha.

6 . Oath of Office [Section 12-E, U.P. Panchayat Raj Act].--

(1) Every person shall, before entering upon any office referred to in Sections 11-A, 12, 43 and 44 of U.P. Panchayat Raj Act and Rule 86 of U.P. Panchayat Raj Rules make and subscribe before such authority as may be prescribed on oath or affirmation in the form to be prescribed.

(2) Any member who declines or otherwise refuses to make and subscribe such oath or affirmation as aforesaid shall be deemed to have vacated the office forthwith.

7 . Pradhan and Up-Pradhan of Gram Panchayat [Section 11-A, U.P. Panchayat Raj Act].--

(1) There shall be a Pradhan and a Up-Pradhan of the Gram Panchayat, who shall respectively be the Chairperson and Vice-Chairperson thereof.

(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 Caste, 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 of 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.

(3) Not less than one-third of the total number of Pradhans reserved under sub-section (2) (mentioned above) shall be reserved for women belonging to the Scheduled Castes, the 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) (mentioned above), 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 Section 11-A, U.P. Panchayat Raj Act 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 Para shall prevent persons belonging to the Scheduled Castes, the Scheduled Tribes, the backward classes and the women from contesting election to unreserved seats.

8 . Gram Panchayat [Section 2 (h), U.P. Panchayat Raj Act].--

"Gram Panchayat" means the Gram Panchayat constituted under Section 12 of the above Act.

9 . Term of office of Pradhan and Up-Pradhan.--

Term of office of Pradhan and Up-Pradhan shall start from the date of his election and nomination and until it expires according to the provisions of the U.P. Panchayat Raj Act, it will expire with the term of Gram Panchayat.

10 . Bhumi Prabandhak Samiti [Section 28-A (1), U. P. Panchayat Raj Act].--

The Gram Panchayat shall also be the Bhumi Prabandhak Samiti and as such discharge the duties of upkeep, protection and supervision of all property belonging to or vested in or held by the Gram Panchayat under Section 117 of the U. P. Zamindari Abolition and Land Reforms Act, 1950, or under any other provision of that Act.

11 . Chairman and Vice-Chairman of the Bhumi Prabandhak Samiti [Section 28-A (2), U.P. Panchayat Raj Act].--

The Pradhan and Up-Pradhan of the Gram Sabha shall respectively be the Chairman and the Vice-Chairman of the Bhumi Prabandhak Samiti.

12 . Secretary of the Bhumi Prabandhak Samiti [Section 28-A (2), U.P. Panchayat Raj Act].--

The lekhpal of the area comprised in the jurisdiction of the Gram Panchayat shall be its Secretary.

13 . Lekhpal not to be member of Bhumi Prabandhak Samiti .--

The Lekhpal shall not be a member of the Bhumi Prabandhak Samiti.

14 . Duties of lekhpal [Rules 111 and 115-J (4), U.P.Z.A. and L.R. Rules].--

It shall be the duty of the lekhpal as secretary of the Bhumi Prabandhak Samiti--

(1) to attend the meeting of the Committee and to maintain the various registers and records provided under the rules or enjoined by any directions of the State Government or the Collector under the guidance and supervision of the Chairman;

(2) to comply with and see that all the provisions of the Act and rules made thereunder and all directions issued by the State Government or the Collector are complied with by the Bhumi Prabandhak Samiti and shall bring to their notice any irregularity or omission on their part;

(3) to give any information asked for by the Samiti in respect of entries in the Land Records and to issue copies of Land Records required by the Samiti free of charge (copies issued are to be clearly marked "for the use of Bhumi Prabandhak Samiti only");

(4) to report all cases of damage or encroachment upon the property of Gram Sabha to the Collector and to simultaneously forward a copy of such report to the Chairman of the Bhumi Prabandhak Samiti for information;

(5) to get leases executed by the Bhumi Prabandhak Samiti in respect of admission to the land duly registered or attested within the prescribed period;

(6) to attend to all matters pertaining to litigation of Gram Sabhas in respect of their functions under U.P.Z.A. & L.R. Act; and

(7) to generally act under the direction of the Chairman in all matters pertaining to work of the Samiti.

(8) to ensure that the entries kept under the Tahsil with the entries of Property Register in accordance to B.O. No. 8/2-Collection-2-3-M.R., dated 9th May, 1962 and the entries made in the Tashil Register on the pay date, have all been included in the Property Register of Gram Sabha kept in the Tashil.

(9) The records, register and account of Bhumi Prabandhak Samiti shall be maintained by the Chairman of the said Samiti and the Supervisor Kanungo shall check those records, registers and accounts at least once a year and as often as the Tehsildar or the Assistant Collector-in-charge of the subdivision may direct. It shall also be the responsibility of the Supervisor Kanungo to report cases of mismanagement, abuse of power or negligence, misappropriation of funds, embezzlement and other irregularities on the part of the Bhumi Prabandhak Samiti, their Chairman or members to higher authorities concerned for necessary action, as soon as such cases come to his notice either during the course of inspection or otherwise. [Vide Rule 115-J (4) of the U.P.Z.A. & L.R. Rules, 1952].

Sittings and Quorum of the Bhumi Prabandhak Samiti and the Conduct of its Proceedings

15 . Meetings of the Bhumi Prabandhak Samiti [Rule 110 (1), U.P.Z.A. and L.R. Rules].--

The Chairman of the Bhumi Prabandhak Samiti shall call its meetings and fix the date, time and place of the same, notice for which shall be given to all members of the Bhumi Prabandhak Samiti at least 3 days before the date of the meeting. The signature or thumb-impression of each member shall be taken on the notice which shall thereafter be pasted on the Proceedings Book. The notice shall contain the agenda for the meeting, but any item other than the sale or lease of any land not mentioned in the notice may be considered with...

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