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T H E U'TTTAK PLADESH GXON PANCHAYATS,


(GI-IEI'TRA SAhf ITlS AND ZELA PARISI3ADS
(SANSHODI-IAN) ADHlNIYAPVI, I969
[U. P. ACT NO. VI

OF

19691

( t z r t v English Text (,f the Uttjr Pradesh Guvrl


Panchiljctt h'slzcttt-a Sur~ziliT(ltizuZila P~irishcrd(Sar~slzollliil~f)
Adhiiz ijpanz, 1969

lul-ther lr3 anzend the U . P. Pmzcf;ayat Raj Act, 1947 and the
Uttar Pradesh Kshettra Sarnitir and Zila Parishads Adhiniyana, 1961.
IT IS hereby enacted in the Twentieth Year of the Repubiic oi
Inclia as fo!lo.ivs :i
I

CHAP'I'ER I-Preli~izi?zary
1. This Act may be called the Uttar Pradesh Gaon Pandlaya ts, Icshet tra Samitis and Zila Parishads (Sanshodhan)
Adhiniyam, 1969.

short title.

C H A P T E R II--Arne?ld,rzet~t of the U . P. Panchnynt Raj Act,


t
1947

2. For section 5 of the U. P. Panchayat Raj Act, 1947, Subtitution of


(hereinafter in this Chapter referred to as the principal Act), new section for
section 5 of U, P.
the following section shall be substituted, namely :Act 1-0.
26 of
person whose name is for the time being
~ e ~ b : r ~ hof
i i -irlciuded in the electoral roil for a Gaon Sabha
ti..on S:.bha.
shall be a n~embcrof that Gaon Sabha."

"5. Every

1947.

3. In section ti of the principai Act, for sub-section ( I ) , the An?endmel2t


following su b-section shall be substituted, namely :section 6.

oi

" ( I ) A member of a Gaon Sabha shall cease to be such


member if the errtry relating to that member is deleted from
the electoral roll for the Grion Sabha."

(*For statement of Objects and Reasons, please see Utiur Pra~i'eslzGazette


E;ctradrriinary), dated J I ly 23, 1969).
(Passed in Hindi by the Uttar Prddesh Legislative Council on J , ly 30,
1969 and by the Uttar Pradesh Legislative Assembly on August 30, 1969.
(~cceivedthe assent of the tiovernor in August 3 1,1969 under Article 200,
of the Constitution of Indian and was published in the Utfai-PradeSh Ga cf*r
Extraurdiinarj , dated !kptember 1,1869).

Price I 0

Pai~r

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Substitution of
4. For section 6-A the principal Act, the following section
new section
shall be substituted, namely :section 6 A.

"6-A: (If any question arises as to whether a person has


become subject to any disqualification menDecision on tioned in section 5-A or in suk-section (1) of
question as to section 6, the question shall be referred to the
dlsqualificatioll. prescribed authority for his decision and his
decision shall, subject to the result of any appeal as may
be prescribed, be final."
Substitution c f
5. f i r section 9 of the principal Act, the following sections
new section for
sectio~t9
shall be substituted, namely :-

"9. So much of the electoral roll for any assembly constituency, for the time being in force, as relates
to the area comprised in the jurisdiction of the
Electoral ROII
of Gaon Sabha.
Gaon Sabha shall be deemed to be the electoral
roll for that Gaon Sabha for the purpose of this Act.
Explanation-In this section, the expression "Assembly cor?stituency" Itas the meaning assigned to it under the Representation of the People Act, 1950.

Except as otherwise provided by or under this Act,


~ t g h of
t mem- every person whose name is for the time being
bers of Gaon included in the electoral roll for a Gaon Sabha
Sabha to voteor shall be entitled to vote at any election, and be
hold office.
eligible for election, nomination c-~rappointment
to ally office in the Gaon Sabha, Gaon Panc layat or Nyaya
Pancllayat."
Amendment
section 12.

of

6. In section 12 of the principal Act, in sub-section (2), for


the words "eight years",
the words "ten years" s h a l be
substituted.

Substitution of
7. For section 12-A of the principal Act, the following section
new section for shall be substituted, namely :section 12-A.
"12-A. T h e election to thc office of a Pradhan or U p
Manner of Pradhan of a Gaon Sabha or a rnernber of a Gaon
elections,
Panchayat shall be held by secret ballot in the
manner prescribed."

41

8. For section 12-BB of the princi$al Act, the following section


Substitution of
new section for shall be substituted, namely :-

l e c t i o ~12-BB.

"I:!-BB. Subject to the provisions of this Act and the


rules made thereunder, the superintendence,
Suserintendence direction and control of the preparation of the
of elcctio~is.
electoral rolls for Gaon Sabhas aud the conduct
of all elections of members of Gaon P~.nchayats and
Pradhans of Gaon Sabhas shall be vested in the Nirvaclla~
NitXeshak (Panchaya t) ."

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knendmat of
9. Section 114 of the principal ,-kt shall be renumbered as section
114.
sub-section ( I ) thereof, and after sub-section (1) as so renumberect the following sub-section shall be inserted, namely :-

ion
has

" ( 2 ) In the event of vaczncies in the offices of both


Pradhan and Up-Pradhan remaining unfilled by virtue of
direction made under sub-section (1) , the prescribed
authority may, by order, make such arrangements as it
thinks fit for the discharge of the functions of the Pradhan
till a Pradhan is elected."

enof

the
his
a' Y

10. Until a Gaon Panchayat has been duly constituted, or a Transitory ProPradhan or Up-Pradhan of a Gaon Sabha has been duly elected, vision*
under the provisions of the principal Act as amended by this
Act (hereinafter referred to as the amended Act), the members
of the Gaon Panchayat and the Pradhan or Up-Pradhan of the
Gaon Sabha, as the case may be, holding office immediately
Lefere the twenty-eighth day of December, 1968, shall, except as
otherwise provided in the amended Act, continue to hold office
and to 'function as such :

)ns
ns-

tea
he
ra1

ti-

Provided that any casual vacancy existing immediately before


the said date or arising thereafter in any such office shall be
filled in accordance-with the provisions of the amended Act.

:a:t,

g'

la
3e
!
tl
t'a

to
11. The State Government, may for the purpose of removing I?Owers
remove
difficulany difficulty arising in relation to the transition from the provisions of the principal Act to the provisions of that Act as
amended by this Act, by order, as occasion requires, clo anything
which appears to it to be necessary for the purpose of removing
the difficulty :

Provided that no such order shall be made after the expiration


of one year from the commencement of this Act.

3r

)e
CHAPTER 111-Amendment of the Uttar Pradesh K s h e t t r ~
Samitis and Zila Parishads Adhiniyam, 1961

12. In section 7 of the Uttar Pradesh Kshettra Samitis and

3-

Zila Parishads Adhiniyam, 1961, hereinafter


referred to as the principal Act,-

Amendment

el

7 of U.Pq
in this Chapter section
A,t
1901,

XXX~~I

(a) in sub-section ( I ) , for the proviso thereto, the following proviso shall be substituted, namely :-

n
I

,
t3

f
1

"Provided that no person shall be ~'igiblefor election as


Pramukh or Up-Pramukh unless he: has completed the age
of thirty years." ;

(b) sub-section (4) shall be omitted.


13. In section 8 of the principal Act,-

(a) in sub-section ( I ) . i i l [lie first pl.oviro t l ~ e l - ~(0,t ~ , Amenl~ncnt


the woi-ds "one year", the rvords "three years" sllall be section 8.
substituted ;

of

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( b ) after sub-section (4) , the following sub-section sliall


be inserted, namely :" (5) If a person who is chosen a member of the
Icshetti-a Sainiti under clause (iii) of sub-section ( I j of
section 6 or is co-opted under sub-section (2) thereof
subsequently becomes ex-oficio member under any other
clause of the said sub-section (I), a casual r7acancyshall
thereupon occur in the office of member to whic!~he
was originally chosen or cclopted."
-1. I n section 9 of the principal Act,-

Amendment of

section 9.

Amendment
section 12.

(a) in the second proviso thereto, after the words "if there
is a vacancy in the office of Pramukh", the words "at the time
of the expiration of the tern1 of the Kshettra Samiti" shall
be inserted ;
(b) uflet- the second proviso, the following proviso thereto
shall be inserted, namely :"Provided also that if there is a vacancy in the offices of
i'ramukh as well as both Up-PramukhS at the time oE or
before the expiration of the term of the Kshettra Sarniti, or
a vacancy occurs in the office of Pramukh or of an U p
Pramukh discharging the functions of the Pramukh before
a Pramukh is elected by the reconstituted Kshettra Sanliti
the District Magistrate may, by order, make such arrangements as he thinks fit for the discharge of the functions ohthe
Pramukh till a new Pramukh is elected."
of

15. In section 12 of the principal Act, in sub-section (2) , the


following proviso thereto shall be inserted, namely :"Provided that if on the date of occurrence of such vacancy the
residue of the term of the Kshettra Samiti is less than six months.
whether the term had been extended or not, the vacancy shall not
be filled."

or

scction 19

16. In section 19 of the principal Act, sub-section (5) shall


be omitted.

17. In section 20 of the principal Act,-

knendmed of

section 20.

(a) in sub-section ( I ) , in the proviso thereto, for the


words "one year", the words "two years" shall be substiI
tuted ;

(6) after sub-section (If,the following sub-section shall


be benserted, namely :-

" (5) If a person who is chosen a member of the


Zila Parishad under clause (ii), clause (iv) or clause
(v) of sub-section (1) of section 18 is co-opted under
su b-section '(2) thereof, subsequently becomes ex.
oficio member under any other clause of the said sub
section ( I ) , a casual vacancy shall thereupon occur in
the office of member to rvhich he was originally chosen
or CO-OP ted."

.
s
3

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18. In section 21 of the principal Act, in subsection (2) ,


for the secone proviso thereto, the following proviso shall be
sbrbstituted, namely :"Pr0vid.j.d also that if there is a vacancy in the offices of
both Adhyaksha and Upadhyaksha at the time of or below
the expir; tion of the term of the Parishad, or a vacancy
occurs in the office of Adhyaksha or of the Upadhyaksha
discbargin: the functions of Auhyaksha before an Adhyaksha
is elected by the reconsritrtted Parishad, the State Govern
ment may. by order, make scch arrangements as it thinks
fit for the discharge of the functions of the Adhyaksha till
a new Adhyaksha is elected."

19. In section 25 of the principal Act,(aj in the marginal heatling, the word "cas~tal"sltall bc
omitted ; , ~ n d
(4)in each of the sub-sections (2) and ( 3 ) , the following
proviso thereto shall be inserted, namely :"Providt:cl that if on the date of occurrence of such
vacancy the residue of the term of Zila Parishad is less than
six month:, whether the term had been extended or not, the
vacancy shall not be fillecl."

20. After section 27 of the principal Act, the following section shall be inserted, namely :"27-A. (1) Nottvithstandi~lg anything contained in
sections 7, 19 and 27legisla+I r s
Bar
and holders of c l r - (a) a person shall be disqualified for being
ofic2s bzccrn- elected as, and for being, a Pramuklt, Upingor contirwin: as Prarnukh, Adhyaksha a r Upadhyaksha if he
Prlmukh. UP-PAa- ic-

(i) a member of Parliament or of the State


Legislature ; or
(ii) Nagar Pramukh or Up-Nagar Pramukh of
a N2gar hlahapal'k
1 a ; or
(iii) President or Vice-Presiden t of a Municipal
Board ; or
(iv) Chairman of a Town Area Committee or
President of a Notified Area Committee ;

(4 if a person after his election as Pramukh, UpPramukh, Adhyaksha or Upadhyaksha is sub~equently


elected or nominated to any of the offices mentioned in
sub-clauses (i) to (iv) of clause (a) , he shall, on the
date of first publication in the Gazette of India or of
Uttar Pradesh of the declaration of his election or his
nomination cease to hold the office of Pramukh, UpPramukh, Adhyaksha or Upadhyaksha, and a casual
vacancy shall thereupon occur in the office of Pramukh,
Up-Pramukh, Adhyaksha or Upadhyaksha, as the case
may be ;

Amendment
section 25,

of

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CHAPTER I1
Amendment of

the U . P. State Legislature (O$cers' Salaries


and Allowances) Act, 1952

Amendment
of
2. Sectioli 2 of the U. P. State Legislature (Officers' Salaries
se:tion 2, of U. I*. and Allowar~ces) Act, 1952, hereinafter in this Cllapter referred
.4ct NO. XI ~t 1952. to as the principal Act, shall be re-numbered as sub-section (1)

thereof, and after sub-section (1) as so renurnbcred, the followii~gsub-section shall be inserted, namely :" (2)
The said salary shall be csclusive of the tax payable in respect thereof (including perquisites) under any
law relating to income-tax for the time being in force, arid
sudl tax shall be borne by the Stare Government."

Anlendment
section 9.

of

3. Section 3 of the principal Act shall be re-numbered as


sub-section (1) thereof, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely :" (2) T h e said salary shall be exclusive of the tax payable in respect thereof (including perquisites) under any
law relating to income tax for the time being in force, and
such tax shall be borne by the State Government."

Amendment
section 4.

of

4. In section 4 of the principal Act, the following Esplana.


tion shall be inserted at the end, namely :-

"Ex~Eas~aliot~--For
the purposes of this section, 'nlainterlance', in relation to a residence, irlclucles the payment o
local rates ancl taxes and the provision of water and also,
subject to a maximum limit ol Rs.100 per nlensem (including electricity duty) , the provision of electricity."
Amendment
section 4-A.

of

5. In section 4-A of the principal Act, the following Explanation shall be inserted at the end, namely :"Explanation-The State Governnlent shall bear electri
city consuniption charges subject to a nlaximunl liinit o
Rs.75 per rnenseni (i~~clucling
electricity duty) , tvhether or
not official residence is provicled."

Amendment
section 8.

of

6. In section 8 of the principal Act :(i) it1 sub-section ( 2 ) , for the words and figures "the
taxes referred to in section 2", the words, figures and letters
"the taxes referred to in sections 2 to 4-A" shall be substituted ;

(8)alter sub-section

(2) , the following sub-scction shall

be tnserted, namely :-

All rules made under this Act, shall, as soon as


" (3)
may be after they are made, be laid before each House of
tlie State Legislature, while it is i n session for a total
period of not less than fourteen days extending in its
one session or more than one successive sessions and shall,
unless some later date is appointed, take effect from the

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date of ,their publication in the Gazette, subject to such


modifications or annulments as the two Houses of the
Legislature may' during the said period agree to make ;
so, however that any such rr~odification or annulmerlt
shall be without prejudice to the validity of anything
previously done thereunder."
CH.4PI-T7ERIII

Amendment of the U . P. Ministers and Deputy Ministers


(~ulariesand Allowances) Act, 1952
7. Section 2 of the U. P. hfii~istel-s ar~(lDeputy Ministers Amendment of
U.
(Salaries rirttl AIlo\vattces) Act, 11152, liereinafter in this
Chapter referred to ;u the princ-ipal , k t , sh;tll be re-nurnbered Act i\;O.. - Ig52.
as sith-scctiorl (1) tllcreof, ;111(1 after sub-settio~l (1) ;IS so
r e - t ~ r e r c , the Sollowing sub-section shall l ~ cittsel-tecl, namely :,
" (2) The said salary sha!! be exclusive of tllc tax [lay-

able in respect thereoE (including perquisites) urider anv


Iaw relating to income tar for tlrc time britlg ill force, atlh
such tax skiall be borne by the State Got-(!rn~ncnt.''
8. 111 scctiotl 3 of tbe principal .\ct. after sub-sectiot~ (1), Amendment
section 3.
the follo~vingExplanation sllall be i?rserted, namely :" E s p l ~ ~ r r a t i o r(a)
~ - For the purposes ol sub-section (I) ,
'rn;titlteuanCe', in relatioir to a residetice, includes the payiilerit ctf local rates atid taxes atid the provision of water
and also, subject to a mnximum limit of Ks.100 per mensem (int luding electi-icty tluly) , the pi-ovisiorl olE electricity;

!E
i

i
1

1
i

I
i

of

( I z ) In the case of a Deputy ll~finister,tlie State Government sfla11 bear electricity tonsuml,tion charges subject to
a mnximum limit of ~ s . 7 5pcr mensern (including electricity duty) , whether or not official residertee is provided."

9. In scctiotr G of the principal .\a,A~l~endtllent of


* ( i ) in sub-scctiotl (2) , for the words arid figure "the scctioti 6.
taxes referred to in section 2", the words atld figures "the
taxes referred to in sections 2 allcl 5'' shall be substitutecl ;
(ii) ciftcr sub-section (2) , tllc Eollottring sub-sectioti shall
be inserted, namely :" (3) All rilles made under this Act, shall, as sooti as may
be after they are nlrrde, be laid before each House of the
State Legislature, while it is in session for a total period
of not less than fourteen days extending in its one session
or more than one successive. sessions ant1 shall, rtrlless sotr~e
later date is appointed take cltcct Erolrr the date of their
ptil~licationi l l tllc Gnzcttc, subjcct to srtcll moclihcatio~lsor
anluilmetlts 21s ifre two ~ o i l s c aoE tlie Legislature may
(luring ttie said period agree to make ; so, hosvever, t1t;tt
;tnv sttell modification or annitl~nerrtslrall be without 1)t-ejurlice to the validity of anything previously done thercunder."
-

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CHAPTER IV

'

Amendment of U . P. State Le,qislatu~-eOficers and ~Vinisters,


Secretctl.ies atzd Members
De/jvty Ministers, ~ar.lia~?zF)~lrir
(Salaries and Allowances arzd Misc~llaneous Provisions)
Act, 1956.
Substitution
of
10. For sectioii 3 of the U. 1'. Slate L,egisfature Officers,
new section for R l inisters, Ilel~ti
ty hlinisters, t'arlianle r l tary Secl-ctaries alld
section 3 of U. P. . hlembe1-s (Salaries and Allowal~ces a t l t l RfiscellaltcOus ProiriAct VIII of 1956. sion) Act, 1956, the f o l l ~ w i ~ i g
section shall be substituted,

~ ~ a n l e:ly
Salaries
and
"3. (1) There shall be paicl to each Parliamentary Secsetary a salary ot !-u1,ees six hi~rlctrect per l~lerrscrtlanci a
allowances of
cotlvcvar~ceailo~vanceof rtr1)ecs onc Ilrtr~clr-eclper menseal.
Parliamentary
Secretaries.
(2) 7'he saitl salary sE~allbe esclrtsive of the tax payable
in respect tlzereof (includir.ig perquisites) under any law
relatill# to iilcotl~c-t;txFor tllc tirue I~eingill lorre, aricl such
tax slt:~ll be bort~cby the St;ite Govcl n~netlt".
..

'

Amendment of the U . 1'. Legi\!cctiile Charnbers (Members'


Etn ottlnietztsj 1 4 c t , 1952

- 7

Amendment
of
11. In sectiot~2 of the U. P. Lcgisli~tiveChambers
U. P. Act NO. XI1 Emolu~~lellis)
Act, 1952, Ilereirtaiter ill illis Chapter
of 1952.
as the princi1)al Act,-

, .

(Members'
referred to

at
(i) irl sub-sec~iotl( 1 ) , the lullo~tlingshall be i~~serted
the end, namely :"and also with free non-transferable coupons or pass
elltitling lrirn to travel, wittlitl the Stale oT Uttar Pradesh,
a t any time by Uttar I%aclesh Govertlrne~~t
Koadways o t ~
tile highest cl;rss, if ;iriy" ;
(ii) in sub-section (2) ,(a) in clause (i), after the words "not connected by
railrtray", the ~votcls "or by Uttat Pradest~ Government
Koad~vays" shall be irrse?led ;
( O ) ill clause (ii) , for tllc woucls "ruI;ees filteen" the
xtrorcls "rulxes twenty-five" sllall be ~u bstit uled ; and
(iii) for the ~)roviso thereto, the following provisos
shall be substitzitecl, namely :Provided that for so lotlg as a rneznber referred .to i n
sub-section (1) Ilas not been provided as aforesaid with
free railway coupons or free Uttar Pradesh Governmerlt
Roadways coupons or pass he shall in addition to daily
allowance and incidental charges be entitled for his
attctlclance as aforesaid to one railway fare for Class I
for every journey by air or rail or, as the case may be, to
road mileage at the rates acimissible to gazetted officers
oC class I For every jottrney b y I-o;ici I,etween places not
connected by railway :

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5
Provided further that no daily allowance shall be payable to the 1,eadcr of the Opposition.
s

Explnnation-it1 this Act, tlte cxpressiorl "the Leader of the


Opposition" means the member of the Uttar Pradesh Legislative Assembly who is for tile time being recognizect as such by
the Speaker- of the 1,egislative Assembly".
-Alter section 2 of the 1>rillc,ipalAct, the follo\vitlg section Insertion of new
shall be ilrserted, namely :~ection2-A.
12.

special

p ~ v i -"2-A.

(1) T h e Leader of

the Opposition

sions
regartiitlg sllall be entitled to receive a salary of rupees
Leader of Oppi~si-one thousand per mensern, and a conveyance
tion.
allowance of rupees one hundred and fifty pw

IElellSetll.
(2) The said salary shall be exclusive ol the tax payabk
in respect thereof (includitig perquisites) under any law
relating to income-tax for the time being in force, and such
tax shall be borne by the State Government.
(3) He shall be entitled without payment of rent to the
use throitglloilt the term of office ol a residence at Lucknow,
furtlislled arid mairltained on a scale to be prescribed by
rules nlacle by the State Gove~.nment.
E s f i k o i t r tio~z-For the llurposes oE this sub-section, 'maini~~clucles
the payment
tenance' in relatiotl to ;i resicle~~cc,
of local rates and taxes and the provision of water and also,
subject to a nlaxitnurn limit of Rs.100 per lnexlsem (including electricity duty), the provision of electricity.

(4) He shall further be provided with the following


staff, namely :(a) a personal assistant ;

I
iE

j
I

i
i

( b ) a stenographer;
(c) a jarnadar ;

13. I n section 2-I3 of the principrl Act :-

(i) in sub-sectio~i(1) , after the cvortls and figures "Each rection 2-B.
member relerre~lto ill sub-section ( I ) of section 2", the
words "other than the Leatler of the Op~~osition.
but including every Parliaincntary 'Secretary", shall be irtsazted and
in the pr-olriso thereto, for tile word ;111cl figures "Rs.75"- the
xvord and figures "Rs.90" ~11x11 be stibstittcted :

(ii) i r ~sub-section (2), fttr the ivords "lor payment tn


the case ol electricity const~rnptioncharges, by the Members
arlcl it1 the casc c,f any other charges arising out of the use
of tlle accorntr~oclatiott, by the State Government", the
following shall be substituted, namely :T o r paylncnt by the Statc ~oser.l;lnentoE all cl~arges,
hcloding electricity consu~nption charges, arising out
of the use of accommodation"

Amendment of

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Ingertion of a 14. After


new section 2-C. section shall

63
section 2-B of the principal
be inserted, namely :-

Act, the following

ill sub- $
section (1) of sectiou 2 olllt-r tlran the *
Leader of 'the Opposition shall be entitled to a constituency
allowance of rupees one hundred and fifty per meosem."

"Cotlstituency
alMwance".

Amendment
mction 3.
*

'"2-C. Eacl~ nletnber relel-re(! to

1.5. In sccti011 3 01 the 1~ri1lcil)al:\cL. it1 sub-secliot~ ( 1 ) .


sfter 'the words "or Parliarnelltarp Secretary", the \vo~.ds"or of
-- tllc Leader o[ tlre Opposition" sl1;tll be it/<r)tccl.
of