The U.P. Antarim Zila Parishad Act, 1958
U.P. Act No. XXII of 1958
[22nd August, 1958]
An Act to provide for the interim administration of Local Self-Govemment affairs in rural areas in the Districts to facilitate the establishment of Zila Parishads.Whereas the U.P. Antarim Zila Parishad Ordinance, 1958 was promulgated by the Governor on April 29, 1958 to provide for the establishment of Antarim Zila parishads for the interim administration of Local Self-Government in rural areas to facilitate the establishment of Zila Parishad for the co-ordinated administration of the affairs concerning economic and social planning and Local Self-Government in the districts in Uttar Pradesh; And whereas it is expedient that the said Ordinance, which shall cease to operate at the expiration of six weeks from the reassembly of the legislature under Article 213 (2) (a) of the Constitution of India, be replaced by an Act of the Legislature; It is hereby enacted in the Ninth Year of the Republic of India as follows:
LEGISLATIVE HISTORY 6
(a) "Antarim Zila Parishad" means the Antarim Zila Parishad constituted Under section 4;
(b) "Collector" means the Collector appointed under section 14 of the U.P. Land Revenue Act, 1901;
(c) "District Planning Committee" means the District Planning Committeee for the time being constituted for the district under Government Memorandum No. 10178-P-55-152-P-55, dated 22nd October, 1955, as amended from time to time and reproduced in the Schedule;
(d) "official members" means such members of the Zila Parishad as are in the service of the State Government;
(e) "order" means the order published in the official Gazette;
(f) "State Government" means the Government of Uttar Pradesh, and
(g) the words and expressions "Board", "Committee", "District Board", "President" and '"rural area" shall have the meaning assigned to them in the U.P. District Boards Act, 1922.3. District Board to cease to function. - Notwithstanding anything contained in the U.P. District Boards Act, 1922 and as from the first day to May, 1958:
(a) all District Boards in Uttar Pradesh including the Sub-District Board of Bhadohi and all committees of such boards constituted under the aforesaid Act shall cease to function and all members and the President of each such boards and all members of each such committee shall vacate and be deemed to have vacated their respective offices, and
(b) in the case of each board affected by clause (a), the Collector shall take over the administration of the affairs of the board and shall so long as the Antarim Zila Parishad is not constituted for his district under this Act exercise, perform and discharge the powers, functions and duties of the Board, the President and committees of the board in respect of all matters including funds and property, whether under the U.P. District Boards Act, 1922 or any other law as if the Collector were the Board, President or Committee, as occasion may be.4. Constitution of Antarim Zila Parishads. - (1) The State Government shall, with a view to facilitate the establishment of Zila Parishads for the co-ordinated administration of the affairs concerning economic and social planning and local Self-Government in the district and to ensure smooth transition, by notification in the Gazette, constitute an Antarim Zila Parishad in each district of Uttar Pradesh which shall be called by the name of the Antraim Zila Parishad of District...........(name of the district).......and which shall be a body corporate having a perpetual succession and a common seal and by such name may sue and be sued : [Provided that in the case of any district created after the commencement of this Act, all the powers, duties and functions of the Antarim Zila Parishad, its Adhyaksha or any committee of the Antarim Zila Parishads, shall, in respect of all matters, including funds and property, whether under this Act, the U.P. District Boards Act, 1922, or any other law, vest in the Collector of such district, and the Colllector shall exercise all such powers, perform all such duties, and discharge all such functions and be deemed to be the Antarim Zila Parishad, the Adhyaksha or the Committee, as the case may be.] (2) The Antarim Zila Parishad of a district shall consist of -
(a) all the members of the District Planning Committee for the district [except the District Magistrate]:[Provided that no person not ordinarily residing in the district shall, except as provided in item (1) of para 2 of the Schedule, be a member thereof: Provided further that a person shall cease to be a member of the Antarim Zila Parishad on his ceasing to hold the office or position on account of which he had become a member to the District Planning Committee and subsequently of the Parishad:] Provided also that in the Blocks wher Pradhans have been elected as a result of the general election held under the U.P. Panchayat Raj Act, 1947, in the year 1961, one representative of Goan Sabhas for each Block if the number of Blocks in the district exceeds ten, and two representatives for each Blocks in other cases, shall as soon as may be after the enforcement of the Uttar Pradesh Antarim Zila Parishad (Sanshodhan) Adhiniyam, 1961, be elected by the newly elected Pradhans within the area of the Block, notwithstanding the non-commencement of the term of any such Pradhan, and by existing Pradhans of such Gaon Sabhas in the Block for which Pradhans have not been elected in the general election of 1961, from amongst .Pradhans entitled to vote at such election, in the manner provided by rules made under this Act, and the term of the representatives, if any, under item (13) of para. 2 of the Schedule, who are members of the Antarim Zila Parishad on the date of enforcement of the aforesaid Adhiniyam, shall thereupon determine, if not already determined.
Explanation. - (1) For the purposes of this provision a 'block' shall means any specified area earmarked as such by State Governemt from time to time for purposes of planning and development in that area and shall inlcude Blocks formerly designated as National Extention Service Blocks or Shadow Blocks, as mentioned in item (13) of para. 2 of the Schedule, and since reconstituted or re-named.
Explanation. - (2) For the purposes of the proviso newly elected Pradhans shall means all such Pradhans as have been declared elected up to the date of issue of the notice calling upon the pradhans to elect a representative.
(b) five members elected by an electoral college consisting of the persons who were members and President of the erstwhile District Board of the district on April 30, 1958 to nominated by the State Government under section 5, and ,
(c) in the case of Varanasi District only, two members elected by an electoral college consisting of the persons who were members and President of the erstwhile Sub-District Board of Bhadohi or nominated by the State Government under section 5.[(3) Every Antarim Zila Parishad shall have an Adhyaksha, who, except in the case of district created after the commencement of this Act, shall be elected by all the members of the Parishad other than the official members thereof. (4) Subject to the provisions of this Act and the rules made thereunder every person whose name is for the time being entered as an elector from any area in the district in the electoral rolls for any Legislative Assembly Constituency shall be eligible for elction as an Adhyaksha. (5) No person shall be eligible for election as an Adhyaksha, if he -
(a) is disqualified under section 13 of the U.P. District Boards Act, 1922, for membership of a Board ; or
(b) is a member of the Parliament or of the Legislature or Adhyaksha or a . Nagarpalika ; or
(c) is an official member of the Antarim Zila Parishad; or
(d) is Secretary, District Army, Navy and Air Force Board; or(6) The manner of election, declaration of the result of election, notification of the name of person elected as Adhyaksha and settlement of disputes arising out of or relating to the election shall be prescribed by rules make under this Act. (7) The Adhyaksha shall assume charge of his office with effect from the date of the publication of the result of his election in the Gazette and till such date the Adhyaksha preceding him shall continue in office. (8) A President of a Notified Area Committee or the Chairman of a Town Area Committee or the Pradhan of a Gaon Sabha, an election as Adhyaksha shall, with effect from the date of such election, cease to be the President of the Notified Area Committee, or the Chairman of the Town Area Committee, or the Pradan of the Gaon Sabha, as the case my be. (9) A vacancy arising in the office of Adhyaksha by reason of death, resignation or any other casue shall be filled by election in the manner provided in sub-section (3). (10) The official members of the Antarim Zila Parishad shall have no right of vote at its meeting, for anything contained in this Act, or the U.P. District Boards Act, 1922, or any other law to the contrary notwithstanding. (11) The existence of any vacancy in the membership of the Parishad shall not invalidate any election, or any resolution passed or any act done by the Parishad. (12) If a person holding the office of Upadhyaksha is elected as Adhyaksha or if a vacancy is caused in the office of the Upadhayaksha for any other reasons, the Upadhyaksha shall be elected by the members entitled to vote and in the same manner as at the election of an Adhyaksha. (13) The Adhyaksha, when present shall preside at the meetings of the Antarim Zila Parishad and shall in case of equality of votes, have a casting vote.] 5. Election or nomination of members for the Anatrim Zila Parishad. - (1) As soon as maybe after the commencement of this Act but not later than May 10, 1958, the Electoral College for each district other than Mirzapur, Rampur and Tehri-garhwal shall in the manner provided in rules framed under section 15, elect according to the system or proportional representation by the single transferable vote five of its members to be members of the Antarim Zila Parishad. (2) Where an electoral college fails to elect members or the requisite number of members in the manner and within the lime provided in the preceding sub-section, the State Government may nominate any five or such lesser number of persons as the electoral college concerned may have failed to elect and such persons shall be members of the Antarim Zila Parishad for the purpose of clause (b) of sub-section (2) of section 4. (3) The State Government shall nominate five persons to be members of the Antarim Zila Parishad in the case of each of the district of Mirzapur, Rampur and Teheri-Garhwal. (4) The election of two members by electoral college relating to Bhadohi or their nomination by the State Goverment for the purposes of clause (c) of sub-section (2) of section 4 shall mutatis mutandis, be made in the manner and under the conditions provided in sub-sections (1) and (2). 6. Consequences of constitution of Antarim Zila Parishad. - Upon the issue of a notification constituting the Antarim Zila Parishad for a district and notwithstanding anything in the U.P. District Boards Act, 1922, the consequences hereinafter set forth shall as from the date of such notification ensue : (1) all powers, functions and duties of the District Board, or any committee therof in respect of all matters including funds and property, whether under the enactment aforesaid or any other law shall be vested in the Antarim Zila Parishad, and shall' for the purposes of the Administration of the U.P. District Boards Act, 1922 and any other law, be exercised by Antarim Zila Parishad, performed and discharged by or under the authority of the Board of Parishad which shall be deemed in law to be the District Committee, as the occasion may require; (2) all powers, functions and duties of the President, whether under the said enactment of any other law, shall be vested in the [Adhyaksha] and shall, for the purposes fo the administration of the U.P. District Boards Act, 1922 or any other law, be exercised, performed and discharged by or under the authority of the [Adhyaksha] who shall be deemed in law to be the President; (3) the Collector shall cease to function under clause (b) of section 3; (4) in the case of the district of Mirzapur, the person or persons appointed under clause (b) of section 101 of the U.P. District Boards Act, shall cease to function; (5) in the case of the districts of Rampur and Tehri-Garhwal, subject to the provisions of the other sections, the consequences under this section shall ensure as if there had been boards in the existence in these districts at the commencement to this Act; (6) for so long as a Superintendent of Education has not been appointed under the provisions of the U.P. District Boards Act, 1922 in the case of any district, the person for the time being holding the post of Deputy Inspector of Schools in the District under appointment by the State Government or by any other authority to whom the State Government has delegated its powers, shall, for the purposes of administration of the said Act or any other law for the time being in force, exercise, perform and discharge the powers, functions and duties of the Superintendent of Education; (7) in any enactment other than the U.P. District Boards Act, 1922 in force on the date immediately preceding the appointed day in district of any rule, or order or notification made or issued there under and in force on such date in the said district unless a different intention appears -
(a) references to the district board of district constituted under the U.P. District Boards Act, 1922 shall be construed as refences to the Antarim Zila Parishad of the said district and such enactment, rule, order or notification shall apply to the said Antarim Zila Parishad accordingly;
(b) references to the President or the Vice-President of the district board constituted under the U.P. District Boards Act, 1922 shall be construed as references to the Adhyaksha and Upadhayaksha (as the case may be); and
(c) references to the members of a district board cosntituted under the U.P. District Boards Act, 1922 shall be cosntrued as references to the members of the Antarim Zila Parishad constituted under this Act for that district.(8) the State Government may, by order, make such incidental or consequential provisions including provision for suspending any provision of the said Act as may appear to be necessary or desirable for carrying out the purpose of this Act or removal of any difficulty; and (9) in particular and without prejudice to the generality of clause (6), the State Government may, by the same or subsequent order, provided that the Act aforesaid shall, during such period or with extended period as may be specified from time to time, have effect, in the area of the District Board or sub-District Board, the administration whereof has been taken over by the Antarim Zila Parishad with such adaptation, alteration or modifications, as may be necessary or expedient for giving effect to the provisions of the Act. 7. Upadhyaksh of the Antarim Zila Parishad. - (1) The person who on April 30, 1958, was a member of the District Planning committee by virtue of his being the President of the District Board shall be and continue to be the Upadhayaksha of the Antarim Zila Parishad: Provided that if there was no such member in the District Planning Committee, the Antarim Zila Parishad shall at its first meeting after its constitution elect one of its members to be the Upadhayaksha. [(2) The Upadhayaksha shall preside at the meetings of the Antarim Zila Parishad in the absence of the Adhyaksha and shall in case of equality of votes, have a casting vote. He shall also perform such other functions as may be delegated to him by the Adhyaksha or the Antarim Zila Parishad under this Act.] (3) [* * *] (4) In the case of Varanasi District -
(a) the person, who on April 30, 1958 was the President of the Sub-District Board of Bhadohi shall be and continue to be the Atirikta Upadhayaksha of the Antarim Zila Parishad and shall preside at the meetings thereof in the absence of the Adhyaksha and the Upadhyaksh; and
(b) unless the context otherwise requires, any reference in this Act or rules framed thereunder to Upadhayaksha shall include reference to the Atirikta Upadhayaksha.8. Casual vacancies in the membership of the Antarim Zila Parishad. - (1) A casual vacancy arising in the membership of an Antarim Zila Parishad by reason of the death or resignation of any member or otherwise shall be filled or left unfilled in accordance with the rules framed under section [which may also provide for action being taken in advance to fill the vacancies likely to occur.] (2) Any casual vacany in the District Planning Committee arising by reason or death or resignation of a member or otherwise and existing at the time of the constitution of the Antarim Zila Parishad under section 4 shall be deemed to be a casual vacancy in the membership of the Antarim Zila Parishad for the purposes of sub-section (1). 9. Proceedings of the Antarim Zila Parishad. - The State Government shall be provided by rules for the manner of convening meetings of the Antrarim Zila Parishad and the procedure at such meeting. 10. Antarim Zila Parishad to perform the function of the District Planning Committee. - Notwithstanding anything in the U.P. District Boards Act, 1922 the State Government may direct that the Antarim Zila Parishad shall, as from a date to be notified in the official Gazette, perform the functions of the District Plannning Committee and such additional functions, if any, as may be specified and thereupon the District Planning Committee shall cease to function as such. 11. Chief Executive Officer for the Antarim Zila Parishad. - Notwithstanding anything in the U.P. District Boards Act, 1922, the officer appointed or designated by the State Government as Additional District Magistrate (Planning) or as District Planning Office of the district shall be the Chief Executive Officer of the Antarim Zila Parishad and shall exercise all the powers and perform all the functions and duties of the Secretary of the board under the said Act and the person for the time being holing the post of Secretray of the Board shall assist the Chief Executive Officer in the performance of his functions and shall be subject to his general control. 12. Control over Antarim Zila Parishad. - (1) Whenever the Collector is of the opinion that any act or resolution of the Antarim Zilal Parishad is prejudicial to public interest he may make a reference to the State Government recording his reasons for such reference. (2) The State Government, after considering the reference and giving such opportunity as it may think fit to the Antarim Zila Parishad to give its reply to the opinion of the Collector, cancel or modify the act or resolution and make such incidental or consequential orders as it may deem necessary. (3) Notwithstanding anything in the preceding sub-section, the State Government may, on its own motion or otherwise call upon the Antarim Zila Parishad to show cause why any act or resolution done or passed by it may not be cancelled or modified and after considering the reply, if any, of the Antarim Zila Parishad cancel or modify the act or resolution and make such incidental or consequential orders as it may deem necessary. (4) The State Government may whenever it so thinks necessary by order in writing issue such direction as it may consider necessary to the Antarim Zila Parishad for the performance of its functions and duties under this Act. (5) When a reference has been made under sub-section (1) the State Government or the Collector and while acting under sub-section (3) the State Government may make such interim orders, including an order for the stay of execution of the resolution, as it may think necessary, (6) It shall be the duty of the Antarim Zila Parishad [the Adhyaksha] and the Chief Executive Officer or abide by and carry on the orders of the State Government under sub-sections (2), (3), (4) and (5). 13. Validation. - (1) Notwithstanding anything in this Act an Antarim Zila Parishad shall be deemed to have been duly constituted upon the issue of a notification under sub-section (1) of section 4 and to continue to remain duly constituted though -
(a) there was or there occurs any vacany in the membership of the District Planning Committee;
(b) the electoral college concerned failed to elect members under section 5 or the State Government failed to make any nomination under that section;
(c) there was any defect or irregularity in the constitution of the District Planning Committee; or
(d) there is a vacation of offices by members and President of the District Board under section 3.(2) The validity of any action taken or any order or resolution passed by the Antarim Zila Parishad in the exercise or purported exercise of its powers or in the discharge of its duties shall not be called in question in any court on the ground of any irregularity of procedure. 14. Expenditure on and, receipts by Antarim Zila Parishad to be met by and credited to the District Board Fund. - Notwithstanding anything in the U.P. District Boards Act, 1922-
(a) all expenditure incurred in connection with the meetings of the Antarim Zila Parishad and in the performance of its functions under this Act or any other law for the time being in force shall be charged on and paid out of the funds of the District Board; and
(b) subject to any directions of the State Government to the contrary or about the manner in which any funds granted or loaned to the Antarim Zila Parishad shall be expanded, all funds and property received by the Antraim Zila Parishad in connection with planning and development work of the district shall form part of the fund of and property of the District Board:Provided that in the case of Varanasi District such expenditure and such funds and property shall be shared by the Sub-District Board of Bhadohi and the District Board of Varanasi on such proportion as may be provided by rules farmed under section 15. 15. State Government to frame rules. - (1) The State Government may frame rules including rules for the conduct of business by the Antarim Zila Parishad for the purpose of carrying into effect the provisions of this Act. (2) In so far as the rules framed under this Act do not make provision or make inadequate provision in respect of any matter, the provision of the U.P. District Board Act, 1922 and rules, regulations and bye-laws framed thereunder shall mutatis mutandis and to the extent they are not inconsistent with the provisions of this Act or rules framed thereunder continue to govern such matter. (3) All rules framed under the Uttar Pradesh Antarim Zila Parishad Ordinance 1958 shall be deemed to be rules framed under this Act. 16. Delegation. - Notwithstanding anything in the U.P. District Board Act, 1922 the Antarim Zila Parishad may delegate any of its powers and functions to the Adhyaksh or to such other authority as may be prescribed by rules and the Adhyaksha may delegate any of his powers and functions to the Upadhyaksh. 17. Repeals, Savings, etc. - (1) The Uttar Pradesh Antarim Zila Parishad Ordinance, 1958 is hereby repealed and the provisions of sections 6 and 24 of the U.P. General Clauses Act, 1904, shall apply as if it had been an enactment repealed by an Uttar Pradesh Act. (2) All actions taken under sections 3, 4, 5, 8 and 10 of the Ordinance referred to in sub-section (1) shall be deemed to have been taken under the corresponding provision of the Act and the Antarim Zila Parishad constituted and for the time being functioning under the said Ordinance shall be deemed to be Antarim Zila Parishad constituted and functioning under this Act.
Government of Uttar Pradesh
[Vide No. 10178-P-35-152-P-1955, Dated Lucknow Oct. 22, 1955]
MemorandumSubject: Reconstitution of District Planning Committees. District Planning Committee and their sub-committees were constituted under Memorandum No. 1857-P139-P-50, dated October 1, 1952 and subsequent orders, Government have decided to reconstitute these Commmittees on the expiry of their term. Therefore the following orders are issued for their reconstitution on the basis of the experience of the past three years. 1. - A District Planning Committee shall now be constituted as follows:
(1) Members of the House of the People, members of the Council of State, members of the Legislative Assembly and members of the Legislative Council, who reside in or represent the district. [It will be so arranged that a person may be a member of the Committee of one district only].
(2) A Harijan worker if none out or the members of the House of the People, members of the Council of States, members of the Legislative Assembly and members of the Legislative Council is a Harijan. This Harijan member shall be nominated by the Government.
(3) A social and constructive women worker, if none out of the members of the House of the people, members of the council of States, members of the Legislative Assembly and members of the Legislative Council is a woman. The woman shall be nominated by the Government.
(4) Five none-official members who may be nominated by the Government, one of whom must be interested in industrial work and home and cottage industries.
(5) The District Magistrate may appoint two non-official members one of whom must be a Superior Officer of the District Scout Association and the other interested in development work.
(6) A representative of the Higher Secondary School of the district, who may be elected by the principals of all such schools.
(7) Secretary, Dictrict Army, Navy and Air Force Board.
(8) President, District Board.
(9) Two members who may be nominated by the District Board.
(10) The Managing Director, Co-operative Bank.
(11) Presidend of the District Co-operative Development Federation of Vice-President, if the District Magistrate be the President.
(12) All Chairman of the Municipal Board, Town Areas and Notified Areas.
(13) Representatives of the Gaon Sabhas. A pradhan each will be appointed member of the District Planning Committee by election by all the pradhans within the area of National Extension Service Block and shadow Block. In those districts where the number of National Extension Service Blocks docs not exceed ten, two Pradhans will be elected from each Block.
(14) A representative each of all the Sugarcane Marketing Societies of the district.
(15) Convener, Bharat Sevak Samaj.
(16) Non-official member of the State Development Board, who may be residing in the district.
(17) Krishi Pandit, if residing in the district.
(18) Non-official members of the State Agriculture Board, who maybe living in the district :
(19) Official members-
District Magistrate ..
District Planning Officer . .
(1) District Magistrate-Chairman, District, Planning Officer, Secretary, Official members nominated to the District Planning Committee under clause (19).
(2) President, District Board.
(3) Three of the non-official members nominated under clause (4), who may be nominated by the Government.
(4) A representative of the Municipal Board.
(5) A representative of Co-operation.
(6) Three representatives from among the members of the House of the people, members of the Council of States, members of Legislative Assembly and members of Legislative Council.
(7) A Harijian worker if there be in the District Planning Committee more than one Harijan among the members of the House of the People, member of the Council of States, members of the Legislative Assembly and members of the Legislative Council, then all the members of the House of the People, of the Council of States, of the Legislative Assembly and of the Legislative Council (Harijan or non-Harijan will elect a Harijan member).
(8) A woman worker.
(9) A representatives of the Gaon Sabhas,Representatives appointed under clauses (4) (5) (6) and (9) shall be elected by their respective groups in the District Planning Committee. 3. - Vice-President of the District Planning Committee and their Executive Committee shall be nominated by the Government. 4. - Committees of Government servants attached to the District Magistrates, the procedure for constitution whereof has been provided for in part 4 of the aforesaid Memorandum shall continued to function as before. 5. - The functions of the District Planning Committee shall continue in accordance with the orders contained in paragraph 5 of the said Memorandum. 6. - District Magistrates will send their recommendation for the constitution of the District Planning Committees to the Government If in any district there are no Harijan or woman members among the members of the House of the People, members of Council of States, members of Legislative Assembly and members of Legislative Council, the District Magistrate will recommend two names under clauses (2) and (3) of paragraph 2. He will send seven names when sending recommendation under clause (4), two of whom must be persons interested in industrial works and Home and Cottage Industries. If it be necessary for the district the name of a representative of labour as well as may be recommended. 7. - Separate orders will be issued-by the departments concerned of the -Secretariat for recconstitution of sub-dommittees of District Planning Committees. 8. - Meetings of the District Planning Committees will be held every month of fixed dates. The District Magistrates should have these dates Fixed in the preceding meetings of the District Planning Committees. 9. - The term of District Planning Committees will be three years from the Fifteenth of November and of the Executive Committees will be one year. 10. - On the establishment of these new committees the old committees and sub-committees shall come to and end.