- Short title, extent and commencement.
- Definitions
- Gram Sabha.
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5A. Disqualification for membership. 5B
- Cessation of Membership. 6A. Decision on question as to disqualification
- Effect of change in population or inclusion of the area of a Gram Panchayat in Municipalities, etc.
- Electoral roll for each territorial constituency. 9A. Right to vote, etc.
- Removal of difficulty in the establishment of Gram Sabha and in the working of a Gram Panchayat
- Meetings and functions of the Gram Sabha. 11A. Pradhan of Gram Panchayat. 11B. Election of Pradhan. 11C. 11D. Prohibition of holding certain offices simultaneously. 11E. Further bar on holding two offices simultaneously. 11F. Declaration of Panchayat area.
- Gram Panchayat. 12A. Manner of election. 12AA. Allowances to Pradhan, and members. 12B. Meetings of Gram Panchayats. 12BB. Superintendence, etc. of the election. 12BC. Other provisions relating to holding of elections. 12BCA. Requisitioning of premises, vehicles, etc. for election purposes. 12BCB. Payment of compensation. 12BCC. Power to obtain information. 12BCD. Powers of entry into and inspection of premises etc. 12BCE. Eviction from requisitioned premises. 12BCF. Release of premises from requisition. 12BD. Breaches of official duty in connection with elections. 12C. Application for questioning the elections. 12D. 12E. Oath of office. 12F. Resignation. 12G. 12H. Casual Vacancy. 12I. Jurisdiction of Civil Courts in election matters barred. 12J. Temporary arrangement in certain cases. 12K.
- Removal of Pradhan.] 14A. Punishment for failure to hand over records etc. 14B.
- Functions of Gram Panchayat. 15A. Preparation of plan.
- Functions that may be assigned to Gram Panchayats. 16A. Power to make contributions for organisations, etc., outside jurisdiction
- Powers of Gram Panchayats as to public streets, waterways and other matters.
- Improvement of sanitation.
- Maintenance and improvement of Schools and Hospitals. 19A.
- Establishment of primary school, hospital, dispensary, road or bridge for a group of Gram Panchayats.
- Assistance to Government servants.
- Representations and recommendation by Gram Panchayat.
- Power to enquire and report about the misconduct of certain officials.
- Power to contract for collection of taxes and other dues for proprietors.
- Staff. 25A. Secretary.
- Right of individual members.
- Surcharge.
- Members and servants to be public servants. 28A. Bhumi Prabandhak Samiti. 28B. Functions of the Bhumi Prabandhak Samiti. 28C. Members and officers not to acquire interest in contracts, etc., with Bhumi Prabandhak Samiti.
- Committees.
- Joint Committee.
- Delegation.
- Gaon Fund 32A. Finance Commission.
- Power to acquire land.
- Property vested in the Gram Panchayat.
- Disposal of claims.
- Power to borrow.
- Imposition of taxes and fees. 37A. Appeal against levy of tax, rate or fee. 37B. Taxes and dues recoverable as arrears of land revenue. 37C. Revision of tax, rate or fees.
- Realisation of dues, custody of funds and accounts.
- Expenses of Nyaya Panchayat to be a charge on Gaon Fund.
- Audit
- Budget of Gram Panchayat.
- Establishment of Nyaya Panchayat.
- Appointment of Panches and their term.
- Election of Sarpanch or Sahayak Sarpanch.
- Term of a Panch.
- Resignation of Panches.
- Bench of Nyaya Panchayat.
- Filling of casual vacancies. 50A. Power of Sahayak Sarpanch.
- Territorial Jurisdiction.
- Offences cognizable by Nyaya Panchayat.
- Security for keeping the peace.
- Penalties
- Cognizance of cases.
- Transfer of cases by Courts to Nyaya Panchayats.
- Summary dismissal of complaint.
- Transfer of cases by Nyaya Panchayat to courts.
- Certain persons not to be tried by Nyaya Panchayat.
- Compensation to complainants.
- Compensation to the accused.
- Release of offenders on probation.
- Enquiry in cases forwarded by Magistrates.
- Extent of jurisdiction in civil cases.
- Extension of jurisdiction by agreement of parties.
- Exclusion of Nyaya Panchayat's jurisdiction.
- Civil Case to include the whole claim.
- Limitation.
- Effect of the decision by Nyaya Panchayat.
- Proceedings under the U.P. Land Revenue Act.
- Revision.
- Procedure for cases under Section 70.
- Resjudicata and pending cases.
- Concurrent jurisdiction. 74A. Trial when cause of action in a civil case arises in circles more than one. 74B. Trial where scene of offence is uncertain or not in one circle only or where offence is a continuing one or consists of several acts.
- Institution of civil cases and criminal cases.
- Application to be laid before the Bench.
- Chairman of a Bench. 77A. Absence of a Panch from the Bench.
- Dismissal of civil cases and criminal cases in the absence of the party concerned.
- Nyaya Panchayat not to revise or review its decision.
- Legal Practitioner not to appear before the Nyaya Panchayat.
- Appearance in person or by representative.
- Special Jurisdiction in certain matters.
- Procedure and power to ascertain truth.
- Majority to prevail.
- Power of Superior Court to transfer cases from Nyaya Panchayats.
- Issue of summons to witness.
- Penalties for failing to appear before a Nyaya Panchayat.
- Dismissal of civil cases etc.
- Revisions.
- Summons to defendant or accused persons.
- Warrant.
- Payment or adjustment of decree to be recorded.
- Execution of decrees.
- Recovery of fine. 94A. Contempt of Nyaya Panchayat.
- Inspection. 95A. Power of State Government.
- Prohibition of certain proceedings. 96A. Delegation of powers by State Government.
- Penalty for infringement of the provisions of the Act. 97A. Penalty for contravention of any order regarding requisition.
- Infringement of rules and byelaws.
- Penalty for tampering with the Gram Panchayat's Property.
- Disobedience to notice issued.
- Notice not to be invalid.
- Appeals.
- Suspension of prosecution in certain cases.
- Power to compound offences.
- Entry and inspection.
- Suits against Gram Sabhas Gram Panchayats their officers, or the officers and servants of Nyaya Panchayats.
- Protection to Gram Panchayat and Nyaya Panchayat. 107A. Validity of proceedings.
- Powers and duties of Police in respect of offences and assistance to Panchayats.
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109A. Custody and mode of proof of records.
- Power of State Government to make rules.
- Powers of Zila Panchayats to frame byelaws.
- Powers of Gram Panchayat to frame byelaws.
- Repeal and transitory provisions.
- Casual vacancies to be left unfilled in certain cases.
- Succession to property, assets, rights, liabilities and obligations in certain cases.
- Sums due.
- Debts, obligations, contracts and pending proceedings.
- Provision until the Constitution of Gram Panchayats.
1. (a) What are the factors to be kept in mind by the Prescribed Authority while passing an order for recounting of votes, in proceedings under Section 12-C (1) of the U.P. Panchayat Raj Act, 1947, challenging the Election of Gram Pradhan? 15
Answer
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12. On what grounds can a revision be filed and before which court against an order passed by the prescribed authority in an election petition under Section 12 (c) 6 of the UP. Panchayat Raj Act, 1947 and whether a revision would also be maintainable against any interlocutory order passed by the prescribed authority during the pendency of the election petition? Discuss with case law. 10
Answer
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13. What is the procedure prescribed under the UP. Panchayat Raj Act, 1947 for carrying out a No Confidence Motion against a Gram Pradhan? Discuss with the relevant provisions and case law. if any. 10
Answer
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47. Under Rule 32 of U.P. Panchayat Raj Act Rules, 1947 the notice of meeting of Gaon Sabha shall be given at least.
(A) 5 days before the date of meeting
(B) 7 days before the date of meeting
(C) Two weeks before the date of meeting
(D) Fifteen days before the date of meeting
Answer
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94. The Gram Sabha under the U.R Panchayat Raj Act, 1947 means-
(A) a body consisting of all adult males residing in Gram Sabha
(B) a body consisting of all adult males and females residing in Gram Sabha
(C) a body consisting of all the persons registered in the electoral rolls
(D) a body consisting of all inhabitants residing in Gram Sabha.
Answer
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84. Which is incorrect –
A person cannot simultaneously hold the post of:
A. Pradhan and Member of Kshetra Panchayat
B. Member of Gram Panchayat and Adhyaksha of Cooperative Society
C. Member of Nyay Panchayat and Member of Zila Panchayat
D. Member of Gram Panchayat and Adhyaksha of Educational institution in the same Gram Panchayat
Answer
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85. In a meeting of Gram Sabha, a Pradhan can be removed by:
A. More than one half of the members of the Gram Sabha
B. Two-thirds of the members of the Gram Sabha
C. Two-thirds of the members of the Gram Sabha present and voting
D. Half of the members of the Gram Sabha present and voting
Answer
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5. Under which section of the U.P. Panchayat Raj Act, 1947 the State Government has power to reserve offices of Pradhan for Schedule Castes, the Scheduled Tribes and the Backward classes under *.
(a) Section 11
(b) Section 11A (2)
(c) Section 11 D
(d) Section 11E
Answer
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52. On death of sole petitioner, election petition under Section 12-C of the U.P. Panchayat Raj Act, 1947 can be continued :
(a) by his legal heirs
(b) by any other losing candidate
(c) by legatee of the petitioner
(d) None of them
Answer
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53. Which of it is incorrect; No person can simultaneously :
(a) be the Pradhan of a Gram Panchayat and a Panch of Nyay Panchayat
(b) be the Pradhan and member of the Gaon Sabha
(c) be the member of a Gram Panchayat from more than one territorial
constituency
(d) be a member of Gram Panchayat and a Panch of Nyay Panchayat
Answer
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38. A disqualified person, elected as a Pradhan/Member of Gram Panchayat by concealing facts, can be removed :
(a) By filing election petition under Section 12 (c) of U.P. Panchayat Raj Act, 1947
(b) By initiating a proceeding under Section 95 (1) (g) of the U.P. Panchayat Raj Act, 1947
(c) By both (a) and (b)
(d) None of the above
Answer
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98. Where the office of Pradhan is vacant by resignation of previous incumbent, which of the following procedures be adopted for discharging the duties of Pradhan?
(A) The Gram Sabha shall pass a resolution by 2/3rd majority electing any other person to discharge the duties of Pradhan
(B) The Gram Panchayat shall pass a resolution electing any member of Gram Panchayat to act as Pradhan
(C) The Up-Pradhan shall discharge duties of Pradhan till fresh election is held for the office of Pradhan
(D) The prescribed authority shall nominate a member of the Gram Panchayat to discharge the duties of Pradhan.
Answer
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37. Which amongst the following is correct process for removal of the Pradhan of a Gaon Sabha?
(A) The Pradhan can be removed by majority of the villagers
(B) The Pradhan can be removed by majority of the members of the Gram Sabha
(C) The Pradhan can be removed by the majority of two-third of the members of the Gaon Sabha present and voting
(D) By an order passed by District Deputy Collector
Answer
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Q.4. What are the factors to be kept in mind by the prescribed Authority while passing an order for recounting of votes, in proceedings under Section 12-c (1) of the U.P. Panchayat Raj Act, 1947, challenging the Election of Gram Pradhan?
Answer
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7 (c) What are the essential pre-requisites for directing recounting of votes by Election Tribunal hearing election petition questioning the election of Pradhan of a Gram Panchayat? Discuss with reference to case law on the subject?
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7 (d) What is the minimum percentage of reservation for women of Scheduled Tribe and Backward Classes in election of members of Gram panchayat? What is the overall proportion of reservation of women to the total number of seats in Gram panchayat?
Answer
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86. Surcharge under Section 27 of the U.P. Panchayat Raj Act, 1947 is imposed in addition to:
A. Tax
B. Fees
C. Toll
D. None of the above
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1. Which section of the UP. Panchayat Raj Act, 1947 provides function, of Panchayat:
(a) Section 15
(b) Section 15 A
(c) Section 32
(d) Section 26
Answer
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6. Powers, Duties, Functions and Administration of Gram Panchayat are provided under which Chapter of the U.P. Panchayat Raj Act, 1947 :
(s) Chapter IV
(b) Chapter III
(c) Chapter V
(d) Chapter IX
Answer
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50. Surcharge proceedings under Panchayat Raj Act, 1947 are for :
(a) Recovery of loan taken from Gram Fund
(b) Recovery of license fees, due to Gram Sabha
(c) Recovery of tax on income from haat, markets and fair
(d) Recovery of loss of money of Gram Panchayat or Nyay Panchaya
Answer
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21. Under which section of U.P. Panchayat Raj Act 1947 function of Bhumi Prabandhak Samiti has been provided :
(a) Section 28 A
(b) Section 26
(c) Section 28 C
(d) Section 28 B
Answer
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33. An order passed under Section 27 of U.P. Panchayat Raj Act, 1947 is :
(a) Appealable
(b) Revisable
(c) Final
(d) None of the above
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46. Under which section of U.P. Panchayat Raj Act, 1947 members and servants of Gram Panchayat are deemed to be public servant with in the meaning of section 21 of the Indian Penal Code.
(A) Section 27
(B) Section 42
(C) Section 43
(D) Section 28
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3 (d) A Gram Pradhan was found guilty of causing loss of money belonging to the Gram Panchayat, seven years after he ceased to hold the office. Is there any limitation prescribed under the U.P. Panchayat Raj Act, 1947 for initiating proceedings for recovery of such loss from him? Discuss.
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8. (b) What is the mode and manner provided in UP. Panchayat Raj Act, 1947 for making arrangement for exercise of powers and duties when the office of Pradhan is vacant ? Answer referring to statutory scheme of the UP. Panchayat Raj Act, 1947. 10
Answer
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9. (a) What are the functions of the Gram Panchayat enumerated under the U.P. Panchayat Raj Act, 1947? 10
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9. What is surcharge under the U.P. Panchayat Raj Act, 1947? Who can fix the amount of surcharge? Explain the procedure to be followed for fixing surcharge Answer referring to provisions of the U.P. Panchayat Raj Act, 1947 and the Rules framed thereunder? 10
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10. (b) Whether the Gram Panchayat can levy and tax? Elaborate referring to the relevant provisions of the U.P. Panchayat Raj Act, 1947. 5
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9. (b) What are the subjects on which a Gram Panchayat can frame byelaws under the U.P. Panchayat Raj Act, 1947 ? 10
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87. Crops sown by ‘A’ in his field is destroyed by cattle belonging to ‘B’. ‘A’ can sue ‘B’ by bringing a claim before Nyay Panchayat within:
A. Three years
B. One year
C. Six months
D. Three months
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41. Which is incorrect: A party to a civil case may appear before Nyay Panchayat:
(a) in person (b) through servant
(c) through partner (d) through lawyer
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42. Which of these is not correct: Order of Nyay Panchayat under the Uttar Pradesh Panchayat Raj Act, 1947 is revisable by :
(a) Judicial Magistrate (b) Munsif
(c) District Judge (d) Suo motu or on application by any party
Answer
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51. Which is incorrect: Nyay Panchayat has power to :
(a) hear civil cases
(b) hear criminal cases
(c) inflict substantive sentence of imprisonment
(d) power of punish for the contempt
Answer
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44. Which section of the U.P. Panchayat Raj Act, 1947 provides the power of execution of decree or order passed by a Nayay- Panchayat.
(A) Section 90
(B) Section 85
(C) Section 93
(D) None of the above
Answer
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45. What maximum sentence a Nayay Panchayat or any member thereof can award for its contempt.
(A) Imprisonment for not more than ten days
(B) Fine not exceeding Rs. 100
(C) Both (A) and (B)
(D) Fine not exceeding ten rupees
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3 (c) What offences are cognizable by a Nyay Panchayat constituted under the provisions of the U.P Panchayat raj Act, 1947 and what penalties could be imposed by it?
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9. (b) Discuss the nature of jurisdiction exercised by Nyay Panchayat in criminal cases and civil cases. 10
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83. A Gram Pradhan removed under Section 95 (1)(g) of the U.P. Panchayat Raj Act 1947 could be disqualified from contesting election of Gram Pradhan for a maximum period of:
A. Ten years
B. Two years
C. Five years
D. Seven years
Answer
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43. Order of removal of Gram Pradhan passed by the State Government under the Uttar Pradesh Panchayat. Raj Act, 1947 can be challenged:
(a) In appeal before the District Judge
(b) By filing review application
(c) By filing a writ petition before the High Court
(d)" Before the Election Commissioner
Answer
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Q.5. Discuss the pending proceedings under Section 95(1) (g) of U.P. Panchayat Raj Act, 1947 term of Pradhan expires. Whether the proceedings can be concluded or dropped? How the loss, waste or misapplication of money or property of the Gaon Sabha can be determined and recovered?
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1. (b) Discuss
Pending proceedings under Section 95 (1) (g) of U.P. Panchayat Raj Act, term of Pradhan expires. Whether the proceeding can be concluded or dropped? If dropped, how the loss, waste or misapplication of money or property of the Gaon Sabha can be determined and recovered? 10
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8. (a) What are the measures which can be taken by the State Government for exercising external control over a Gram Panchayat? Answer referring to relevant provisions of the U.P. Panchayat Raj Act, 1947. 10
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10. (a) What are the grounds of removal of Pradhan of a village? Whether the Pradhan can be restrained from exercising his powers on complaints and if the answer is ‘Yes’ what procedure is to be followed in above regard. Answer referring to the relevant provisions of the U.P. Panchayat Raj Act, 1947 and the Rules framed thereunder? 10
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9. (a) In what manner an elected Pradhan can be removed from his office ? Answer referring to relevant provisions of the U.P. Panchayat Raj Act, 1947 and the Rules framed thereunder ? 10
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