95. Inspection –

(1) The State Government may –  

(a) cause to be inspected an immovable property owned used or occupied  by a Gram Panchayat, or a joint committee 1[or a Nyaya Panchayat] or  any work in progress under the direction of such [Gram Panchayat]  2[or Joint Committee or a Nyaya Panchayat].  

(b) by an order in writing call for and inspect a book or document in the  possession or under the control of a Gram Panchayat or a Joint  Committee or a Nyaya Panchayat.  

(c) by an order in writing require a Gram Panchayat or a Joint Committee  or a Nyaya Panchayat to furnish such statements, reports or copies of  documents relating to the proceedings or duties of the Gram Panchayat  or such committee or a Nyaya Panchayat as it thinks fit;  

(d) record in writing for the consideration of a Gram Panchayat or Joint  Committee any observation which it thinks proper in regard to the  proceedings or duties of such Gram Panchayat or Joint Committee.  

(e) institute any enquiry in respect of any matter relating to a Gram Sabha,  Gram Panchayat or Nyaya Panchayat; and  

(f) 3[* * *] dissolve any Gram Panchayat, Joint Committee, Bhumi  Prabandhak Samiti or Nyaya Panchayat if in the opinion of the State  Government such Gram Panchayat, Joint Committee [Bhumi  Prabandhak Samiti] or Nyaya Panchayat has abused its position or has  continuously failed to perform the duties imposed upon it by or under  this Act or its continuance is not considered desirable in public  interest;  

Explanation. – 4[* * *]  

5[(g) 6[remove a Pradhan, Up-Pradhan or member of a Gram Panchayat]  7[* * *] or a Joint Committee or Bhumi Prabandhak Samiti, or a Panch,  Sahayak Sarpanch or Sarpanch of a Nyaya Panchayat if he – 

i- absents himself without sufficient cause for more than three  consecutive meetings or sittings.  

ii- refuses to act or becomes incapable of acting for any reason  whatsoever or if he is accused of or charged for an offence  involving moral turpitude.  

iii- has abused his position as such or has persistently failed to  perform the duties imposed by this Act or rules made  thereunder or his continuance as such is not desirable in public  interest, or  

1[iii-a has taken the benefit of reservation under sub-section (2) of  Section 11-A or sub-section (5) or Section 12, as the case may  be, on the basis of a false declaration subscribed by him stating  that he is a member of Scheduled Castes, the Scheduled Tribes  or the backward classes, as the case may be.]  

iv- being a Sahayak Sarpanch or a Sarpanch of the Nyaya Panchayat takes active part in politics, or  

v- suffers from any of the disqualifications mentioned in Clauses  (a) to (m) of Section 5-A;  

2[Provided that where, in an enquiry held by such person and in such  manner as may be prescribed, a Pradhan or Up-Pradhan is prima facie found to have committed financial and other irregularities such  Pradhan or Up-Pradhan shall cease to exercise and perform the  financial and administrative powers and functions, which shall, until he  is exonerated of the charges in the final enquiry, be exercised and  performed by a Committee consisting of three members of Gram  Panchayat appointed by the State Government.]  

3[(gg) [* * *];  

3[(h) [* * *];  

4[Provided that –  

i- No action shall be taken under Clause (f), Clause (g) 5[* * *]  except after giving to the body or person concerned a reasonable opportunity of showing cause against the action  proposed;]  

ii- 1[* * *]  

(2) A person under sub-clause (iii) and (iv) of clause (g) of sub-section (1) of  this section shall not be entitled to be re-elected or re-appointed to any office under  this Act for a period of five years or such lesser period as the State Government may  order in any case.  

(3) No order made by the State Government under this section shall be called  in question in any Court.  

(4) Where any 2[* * *], Gram Panchayat, Joint Committee or Bhumi  Prabandhak Samiti is 3[dissolved] the State Government may appoint such person or  persons to exercise and perform the powers and duties thereof as it may deem fit.  

1 Subs. by U.P. Act No. 2 of 1955.

2 Subs. by U.P. Act No. 9 of 1994.

3 Subs. by U.P. Act No. 9 of 1994.

4 Deleted by U.P. Act No. 2 of 1955.

5 Subs. by U.P. Act No. 2 of 1955.

6 Subs. by U.P. Act No. 9 of 1994.

7 Omitted by U.P. Act No. 9 of 1994.

1 Ins. by U.P. Act No. 21 of 1998, (w.e.f. 5.5.1998).

2 Ins. by U.P. Act No. 9 of 1994.

3 Omitted by U.P. Act No. 9 of 1994.

4 Subs. by U.P. Act No. 9 of 1994.

5 Omitted by U.P. Act No. 9 of 1994.

1 Omitted by U.P. Act No. 9 of 1994.

2 Omitted by U.P. Act No. 9 of 1994.

3 Subs. by U.P. Act No. 9 of 1994.

95-A Power of State Government –

(1) If at any time it appears to the State  Government that the [Gram Sabha or a Gram Panchayat] has made default in  performing a duty imposed on it by or under this or any other enactment, the State  Government may by order in writing fix a period for the performance of that duty.  

(2) If the duty is not performed within the period so fixed, the State  Government may direct such authority as may be specified to perform it and may  further direct that the expenses, if any, of performing the duty shall be paid from the  Gram Sabha Fund and thereupon the person having the custody of the fund shall pay  the amount from such fund.  

96. Prohibition of certain proceedings –

(1) The prescribed authority or any  other officer specially empowered in this behalf by the State Government on  information received or on his own initiative, may, by order in writing prohibit the  execution or further execution of a resolution or order passed or made under this or  any other enactment buy a Gram Sabha, Gram Panchayat or a Joint Committee, or any  officer or servant thereof it in his opinion such resolution or order is of a nature as to  cause or likely to cause obstruction, annoyance or injury to the public or to any class  or body of persons lawfully empowered, or danger to human life, health or safety, or  riot or affray. It may prohibit the doing or continuance by any person of any act in  pursuance of or under cover of such resolution or order.  

(2) Where an order is made under sub-section (1) a copy thereof with a  statement of the reasons for making it shall forthwith be forwarded by the prescribed  authority or the aforesaid officer to the State Government which may after calling for  an explanation from the Gram Sabha, Gram Panchayat, Joint Committee or the officer  or the servant thereof and considering the explanation, if any, made by it, rescind,  modify or confirm the order.  

(3) Where the execution or further execution of a resolution or order is  prohibited by an order made under sub-section (1) and continuing in force, it shall be  the duty of the Gram Sabha, Gram Panchayat or the Joint Committee or any officer or  servant thereof, if so required by the authority making such order to take any action  which it would have been entitled to take, if the resolution or order had never been  made or passed and which is necessary for preventing any person from doing or  continuing to do anything under cover of the resolution or order, of which the further  execution is prohibited.  

1[96-A Delegation of powers by State Government –

The State Government  may delegate all or any of its powers under this Act to any officer to authority  subordinate to it subject to such conditions and restrictions as it may deem fit to  impose.]  

 1 Added by U.P. Act No. 10 of 1950.