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CHAPTER IX Rules, By-Laws and Repeals

Section 110: Power of State Government to make rules

The Uttar Pradesh Panchayat Raj Act, 1947

How current this text is

Text as published by India Code for the Government of Uttar Pradesh, with amendments up to U.P. Act No. 6 of 2017.

Chapter VI (The Nyaya Panchayat), sections 42 to 94-A, is printed only as a heading with the official footnote "Chapter VI comprising sections 42 to 94-A Omitted by sec. 16 of U.P. Act No. 6 of 2017.", so those sections have no pages here.

The marginal headings printed beside each section in this edition are shown as the section headings; sections 37, 37-A, 95-A and 109 carry no marginal heading in this copy.

Marginal references to other enactments (for example "U.P. Act No. I of 1951") printed beside the text are not reproduced.

[(1) The State Government may by notification in the Gazette make rules for carrying out the purpose of this Act]1

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for,—

(i) any matter for which power to make provisions is conferred expressly or by implication on the State Government by this Act.

[(ii) the establishment of Gram Sabha 2[ x x x ] or this constitution of Gram Panchayat]3

4[(ii-a) qualifications for the 5[ x x x ]

4[(ii-b) distribution of assets and liabilities of Gram Panchayats 5[ x x x ] consequent upon a change in their circles;

6[(ii-c) presentation and disposal of election petitions and applications for revision under section 12-C.]

4[(ii-d) taking of oath by Pradhan, 5[ x x x ] members of Gram Panchayat, Panch, Sahayak Sarpanch and Sarpanch;

4[(ii-e) filing of resignation by Pradhan, 5[ x x x ] members of Gram Panchayat, Panchayat, Panch, Sahayak Sarpanch and Sarpanch;

4[(ii-f) holding of general elections and bye-elections ;

7[ x x x ]

4[(ii-h) grant of leave for absence to office bearers of Gram Panchayat and 2[ x x x ]; and

4[(ii-i) the carrying out of duties of the Pradhan and the 5[ x x x ] in their absence for any cause ;

(iii) the time and place of the meetings of Gram Sabha, Gram Panchayat 7[ x x x ], the manner of convening meetings and giving notice thereof ;

(iv) the conduct of proceedings including the asking of questions by members at meetings and the adjournment of meetings and also minute books of meetings ;

(v) the establishment of committees and the determination of all matters relating to the constitution and procedure of such committees ;

(vi) the suspension and removal of office-bearers;

(vii) the records and registers that shall be maintained by [Gram Panchayats]8 8[ x x x ] and the form in which they are to be ;

9[(vii-a) periodical revision and amendment of Gram Sabha and Gram Panchayat registers ;

(viii) the action to be taken on the occurrence of a vacancy in the executive committee, joint committee, any other committee and 8[ x x x ];

(ix) the authority by which disputes in relation to appointments to executive committee, joint committee any other committee 8[ x x x ] may be decided and the procedure to be followed therein;

(x) the amount and nature of security to be furnished by a servant of the Gram Panchayat 8[ x x x ] from whom it is deemed expedient to require security ;

10[(xi) appointment qualification, supervisions, dismissal, 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 the 8[ x x x ] and their rights of appeal ;]

(xii) management and regulation of provident fund for the servants of Gram Panchayats 8[ x x x ] if the system of provident fund is adopted by any Gram Panchayat ;

(xiii) the establishment, maintenance and management of primary schools and the construction and repair of buildings thereof;

(xiv) 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 inhabitants of the local area of a Gram Sabha ;

(xv) 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 barreirs for checking its movements and the cost incurred in carrying out such work ;

(xvi) action in regard to the sanitation, conservancy, drainage, buildings, public streets and water supply and the prohibition of public nuisance ;

11[(xvi-a) the carrying out of functions and duties of Gram Panchayat as mentioned in sections 15, 16 and 17.]

(xvii) the framing of annual estimates of income and expenditure and ear-marking of fund for specific purposes;

(xviii) the returns to be submitted by Gram Panchayats and 12[ x x x ], the form in which they are to be, the authorities to which and the time when they shall be submitted ;

(xix) 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 ;

11[(xix-a) collection of State and other dues by Gram Panchayats and remuneration to be paid therefor;]

(xx) 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 ;

(xxi) the method of account keeping of Gram Panchayats 12[ x x x ]

(xxii) the maintenance of public buildings and nazul land;

(xxiii) 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 ;

(xxiv) powers of auditors, inspecting 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;

12[25 to 30] omitted.

12[ Clauses 25 to 30 of sub-section 2 of Section 110 omitted. ]

(xxxi) the powers that may be exercised by Zila Panchayat or any prescribed authority in the discharge of their obligations under this Act and the manner in which such powers may be exercised ;

(xxxii) the procedure to be observed in the making of by-laws by prescribed authority for Gram Panchayats or by Gram Panchayats ;

13[(xxxiii) the prescribing and printing of forms and registers generally relating to any matter under this Act or rules made thereunder;]

(xxxiv) the submission for approval of plans, designs, specifications and estimates ;

(xxxv) the duties, powers and functions of village volunteer force;

(xxxvi) the submission of annual reports by Gram Panchayats, 14[ x x x ] and their review ;

(xxxvii) persons, other than members of Gram Panchayats, who may be present in an advisory capacity in meetings of Gram Panchayats ;

(xxxviii) channel of correspondence between a Gram Panchayat and 14[ x x x ] and other authorities ;

(xxxix) disposal of assets and liabilities of [Gram Sabhas 14[ x x x ] on its abolition ;

(xl) the action to be taken on the inclusion of the whole or part of the local area of 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 ;

(xli) the conditions subject to which sums due to a Gram Panchayat may be written off as irrecoverable, and the conditions subject to which the whole or any part of a fee may be remitted; and generally for the guidance of Gram Panchayats, 14[ x x x ], Joint Committees, other committees, servants of the Crown and other authorities in any matter connected with the carrying out of the provision of this Act ;

(xlii) the regulation of the election of the members of the Gram Panchayat in order to secure the adequate representation of the Scheduled Castes;

15(xliii) assistance to be given by the Gram Panchayat to Government servants on any matter affecting the general administration ;

15[(xliv) powers and duties of Sahayak Sarpanch and 16[ x x x ] ;

15[(xlv) borrowing and lending of money by Gram Panchayats;

15[(xlvi) the matters which are to be and may be prescribed; and

(xlvii) any matter in respect of which power is conferred in section 111 on the prescribed authority to frame a by-law for a Gram Panchayat.]

17[(3) All rules made under this Act shall, as soon as may be after they are made be laid before each House of the State Legislature while it is in session for a total period of thirty days extending in its one session or more than one successive sessions, and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modifications or annulments as the two Houses of the State Legislature may during the said period agree to make so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done there-under.]17

Footnotes in the official text

  1. 1.Subs. by section 14(i) of U.P. Act No. 3, 1973.
  2. 2.Omit. by sec. 23(a) of U.P. Act No. 6 of 2017.
  3. 3.Subs. by section 15(a) of U.P. Act No. 15 of 1960.
  4. 4.Added by section 85(1) of U.P. Act 2 of 1955.
  5. 5.Omit. by sec. 2 of U.P. Act No. 44 of 2007.
  6. 6.Subs. by section 43(a) of U.P. Act No. 37 of 1978.
  7. 7.Omit. by section 22(b) of U.P. Act No. 6 of 2017.
  8. 8.Omit. by section 23(a) of U.P. Act No. 6 of 2017.
  9. 9.Added by section 85(1) (b) of U.P. Act No. 2 of 1955.
  10. 10.Subs. by section 85(1) (d) of U.P. Act No. 2 of 1955.
  11. 11.Added by section 85 of U.P. Act 2 of 1955.
  12. 12.Omit. by sec. 23 of U.P. Act No. 6 of 2017.
  13. 13.Subs. by section 85 of U.P. Act No. 2 of 1955.
  14. 14.Omit. by section 23 of U.P. Act No. 6 of 2017.
  15. 15.Added by section 85 (1) of U.P. Act No. 2 of 1955.
  16. 16.Omit. by sec. 2 of U.P. Act No. 44 of 2007.
  17. 17.Subs. by sec. 14(2) of U.P. Act No. 3 of 1973.

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