Uttarakhand Panchayati Raj Act, 2016
No: 11 Dated: Apr, 07 2016
THE UTTARAKHAND PANCHAYATI RAJ ACT, 2016
(Uttarakhand Act No. 11 of 2016)
An Act to consolidate the connected matters of Gram Panchayat, Kshettra Panchayat and Zila Panchayat and to provide the incidental matters thereof.
It is Hereby enacted in the Sixty seventh year of the Republic of India by Uttarakhand State Legislative Assembly as follows:-
Part- I
CHAPTER- I
Preliminary
1. Short Title, extent and commencement. - (1) This Act may be called the Uttarakhand Panchayati Raj Act, 2016.
(2) It shall extent to the whole of Uttarakhand except any area included under the U.P. Nagar Mahapalika Adhiniyam, 1959, U.P. Municipalities Act, 1916 and the Cantonment Board Act, 1924 or any area included in the Corresponding Act's.
(3) It shall come into force at once.
2. Definitions. - In this Act, unless the context otherwise requires :-
(1) "adult" means a person who has attained the age of eighteen years ;
(2) "Gram Sabha" means a body established under section 3(a), and consisting of persons registered in the electoral rolls relating to a village comprised within the area of a Gram Panchayat;
(3) "rural area" means the village as mentioned in the records relating to the revenue except the Urban body areas and cantonment areas of all levels in the district and it includes a village declared by general or special order for the purposes of this Act by the State Government;
(4) "Gram Panchayat" means the Gram Panchayat established under section 4(1) ;
(5) "Kshettra Panchayat" means any Kshettra Panchayat and shall include any committee, member, officer or servant of the Kshettra Panchayat authorised or required under this Act to exercise any powers or perform any duty or function of the Kshettra Panchayat under this Act;
(6) "Khand" means any development Khand ;
(7) "house" includes any shop, warehouse, shed and any enclosure used for keeping carts or cattle ;
(8) "Zila Panchayat" means Zila Panchayat incorporated under this Act and shall include any committee and any member, officer or servant of the Zila Panchayat, authorised or required under this Act to exercise any powers or perform any duty or function of the Zila Panchayat under this Act;
(9) "Backward Classes" means the reservation rules for the Other Backward Classes in the Uttrakhand as provisions specified for this purpose by the State Government;
(10) "Scheduled Castes" means the castes deemed to be Scheduled Castes for the purposes of the Constitution of India;
(11) "Scheduled Tribes" means the Tribes deemed to be Scheduled Tribes for the purposes of the Constitution of India;
(12) "Schedule Bank" shall have the meaning assigned to the expression in the Reserve bank of India Act, 1934;
(13) "town area" shall have the meaning assigned to it under the Municipalities Act. In this area, the area falling under the bodies of all levels of the town bodies shall be included in the town area;
(14) "cantonment" and "cantonment board" shall have the same meanings assigned to them under the Cantonments Act, 1924;
(15) "Land Management Committee" means a Land Management Committee of Gram Panchayat for the purpose of this Act;
(16) "Panchayat" means Panchayats constituted of three tiers for the rural area of State under this Act;
(17) "Wards election areas of the Panchayat" means ward election area of Gram Panchayat in context of Kshettra Panchayat ward election area of any Kshettra Panchayat and in context of Zila Panchayat ward election area of any Zila Panchayat;
(18) "Chairman and Vice chairman in the context of Concerning Panchayat as Gram Panchayat, Kshettra Panchayat and Zila Panchayat" means the Pradhan or Up Pradhan or Pramukh or Up Pramukh and Chairman and Vice chairman of these institutions respectively;
(19) "Panchayat Employee" means such persons who is employed and in- service in the three tiers Panchayat institutions whether he is getting pay from the Fund of the State Government;
(20) "Collector" or "District Magistrate" or "Sub-Divisional Magistrate", in relation to the Panchayat means the Collector, District Magistrate or Sub-Divisional Magistrate of the district or the sub-division, as the case may be, in which such Panchayat is constituted and shall respectively include Additional Collector, Additional District Magistrate and Additional Sub-Divisional Magistrate;
(21) "District Magistrate" means the district magistrate appointed under section 20 of the Code of Criminal Procedure, 1973;
(22) "District Level Officer" means such officers of the district as the State Government may from time to time specify as such by notification in the Gazette;
(23) "State Election Commission" means the State Election Commission referred to in Article 243-K of the Constitution of India;
(24) "Electoral Registration Officer" means such an officer who is designated or nominated as such by the State Election Commission in consultation with the State Government for preparing and revising the electoral rolls in any district.
(25) "Assistant Electoral Registration Officer" means such person who is appointed as such by the Electoral Registration Officer for one or more Panchayat areas;