Definitions

§2

Summary

2. In this Act unless there be something repugnant in the subject or context (1) "Scheduled Castes" means the castes deemed to be Scheduled Castes for the purposes of the Constitution ofIndia; (2) "Scheduled Bank" shall have the meaning assigned to the expression in the Reserve Bank of India Act, 1934 (Act II of1934); (3) "Antarim Zila Parishad" means the Antarim Zila Parishad constituted under Section 4 of the Uttar Pradesh Antarim Zila Parishad Act, 1958 (U.P. Act XXII of1958); (4) "Bye-Law" means a bye-law made in exercise of a power conferred by this Act; (5) "Collector" includes an Additional Collector to whom the Collector may have by order in writing delegated any of his functions under thisAct; (6) 1[Kshettra Panchayat] means any 1[Kshettra Panchayat] 2[incorporated] under section 5 and shall include any committee, member, officer or servant of the 1[Kshettra Panchayat] authorized or required under this act to exercise any power or perform any duty or function of the 1[Kshettra Panchayat] under this Act 3[Kshettra Samiti] shall mean a 3[Kshettra Samiti] 2[incorporated] under this Act as it stood before its amendment by the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994 ;] 4[ (7) "Khand" means the Panchayat area of a Kshettra Panchayat specified as such under section 3] ; 4[(8) "backward classes", "Gram Sabha", "Gram Panchayat", "Circle", "State Election Commission", "Finance Commission" and "Population" shall have the meanings respectively assigned to them under the United Provinces Panchayat Raj Act, 1947 ] ; (9) "house" includes any shop, warehouse, shed and any enclosure used for keeping carts or cattle ; (10) "rural area" means the area of a district excluding every municipality, notified area, town area, cantonment and area of Nagar Mahapalika situated in the district ; (11) 5[Zila Panchayat] 6[means] a 5[Zila Panchayat] 7[incorporated] under section 17 and shall include any committee and any member, officer or servant of the 5[Zila Panchayat], authorized or required under this Act to exercise any power or perform any duty or function of the 5[Zila Panchayat] under this Act 8[and [Zila Parishad] shall means a [Zila Parishad] established under this Act as it stood before its amendment by the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994 ] ; (12) "servant" of the 5[Zila Panchayat] means a person in the pay and service of the 5[Zila Panchayat] ; (13) "district board" and "board" means the district board established under the United Provinces District Boards Act, 1922 ; (14) "district magistrate" means the district magistrate appointed under 9[section 20 of the Code of Criminal Procedure, 1973]; (15) "district level officers" means such officers of the district as the State Government may from time to time specify as such by notification in the Gazette ; (16) "quarter" when referring to a period of time means a period of three months commencing on the first day of any of the months of January, April, July and October ; 10[ (16-A) "Mukhya Nirvachan Adhikari (Panchayat)" means the Mukhya Nirvachan Adhikari (Panchayat) referred to in clause (kkk) of section 2 of the United Provinces Panchayat Raj Act, 1947 ] ; [(17) (a) "municipality", "municipal board" and "notified area" shall have the meanings assigned to them under the U. P. Municipalities Act, 1916 ; (b) "town area" shall have the meaning assigned to it under the U. P. Town Areas Act, 1914 ; (c) "cantonment" and "cantonment board" shall have the meaning assigned to them under the Cantonments Act, 1924; (d) "notified area committee" or dbqscommittee for a notified area" means a committee constituted under section 338 of the U. P. Municipalities Act, 1916 ; (e) "town area committee" or "committee for a town area" means a committee established under section 5 of the U. P. Town Areas Act, 1914]11; (18) "Nagar Mahapalika" means a Nagar Mahapalika established under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 ; (19) "prescribed" means prescribed by the Act or by any rule made thereunder ; (20) "prescribed authority" means any person or authority notified by the State Government in the Gazette as prescribed authority for any purpose under this Act ; (21) "rule" means a rule made by the State Government in exercise of a power conferred by this Act ; (22) 12[ * * * * ] (23) "appointed date" with reference to a Khand or a district respectively means the 13[date of constitution of the first Kshettra Panchayat for that district under this Act as amended by the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994.] (24) "judge" means the District Judge and includes any other subordinate civil judicial officer named or designated by the District Judge in this behalf ; (25) "Bhumi Prabandhak Samiti" means a Bhumi Prabandhak Samiti as defined in the United Provinces Panchayat Raj Act, 1947 ; (26) "division", "district" and "tahsil" shall have the same meanings as they have in the United Provinces Land Revenue Act, 1901 ; (27) "commissioner of the division" with reference to a 1[Kshettra Panchayat] or 5[Zila Panchayat] means the commissioner appointed under section 12 of the United Provinces Land Revenue Act, 1901, for the division within which the 1[Kshettra Panchayat] or the 5[Zila Panchayat], as the case may be, exercises its jurisdiction and includes an additional commissioner appointed under section 13 of the same Act for such division ; (28) "State" means the State of Uttar Pradesh ; (29) "State Government" means the Government of Uttar Pradesh; (30) "public servant" means a public servant as defined in section 21 of the Indian Penal Code, 1860 ; (31) 14[ * * * * ] (32) 14[ * * * * ] (33) "regulation" means a regulation made in exercise of a power conferred by this Act ; 15[(34) "constituent Gram Panchayat" with reference to a Khand means a Gram Panchayat exercising jurisdiction within the Khand ; ] (35) "Government" means the Central Government or the Government of any State of the Indian Union ; (36) "person in the service of the Government" does not include a District Government Counsel, an Additional or Assistant District Government Counsel, any other counsel engaged by Government but not paid a monthly salary, a Government treasurer, a person holding a purely honorary office, or a person who has retired from the service of the Government ; (37) "public road" or "public street" means any road street, bridge, culvert, thoroughfare, passage or place over which the public in general have legally enforceable right of way and which is vested in, or maintained by, the Government or a local authority ; (38) "public place" means a place, not being private property, which is open to the use or enjoyment of the public whether such place is vested in the local authority or not ; and (39) "local authority" includes a 16[Gram Panchayat]. 17[(40) "Panchayat area" in relation to- (a) a Kshettra Panchayat means the Territorial area of the Kshettra Panchayat, and (b) a Zila Panchayat means the territorial area of a Zila Panchayat.]

2. In this Act unless there be something repugnant in the subject or context (1) "Scheduled Castes" means the castes deemed to be Scheduled Castes for the purposes of the Constitution ofIndia; (2) "Scheduled Bank" shall have the meaning assigned to the expression in the Reserve Bank of India Act, 1934 (Act II of1934); (3) "Antarim Zila Parishad" means the Antarim Zila Parishad constituted under Section 4 of the Uttar Pradesh Antarim Zila Parishad Act, 1958 (U.P. Act XXII of1958); (4) "Bye-Law" means a bye-law made in exercise of a power conferred by this Act; (5) "Collector" includes an Additional Collector to whom the Collector may have by order in writing delegated any of his functions under thisAct; (6) 1[Kshettra Panchayat] means any 1[Kshettra Panchayat] 2[incorporated] under section 5 and shall include any committee, member, officer or servant of the 1[Kshettra Panchayat] authorized or required under this act to exercise any power or perform any duty or function of the 1[Kshettra Panchayat] under this Act 3[Kshettra Samiti] shall mean a 3[Kshettra Samiti] 2[incorporated] under this Act as it stood before its amendment by the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994 ;] 4[ (7) "Khand" means the Panchayat area of a Kshettra Panchayat specified as such under section 3] ; 4[(8) "backward classes", "Gram Sabha", "Gram Panchayat", "Circle", "State Election Commission", "Finance Commission" and "Population" shall have the meanings respectively assigned to them under the United Provinces Panchayat Raj Act, 1947 ] ; (9) "house" includes any shop, warehouse, shed and any enclosure used for keeping carts or cattle ; (10) "rural area" means the area of a district excluding every municipality, notified area, town area, cantonment and area of Nagar Mahapalika situated in the district ; (11) 5[Zila Panchayat] 6[means] a 5[Zila Panchayat] 7[incorporated] under section 17 and shall include any committee and any member, officer or servant of the 5[Zila Panchayat], authorized or required under this Act to exercise any power or perform any duty or function of the 5[Zila Panchayat] under this Act 8[and [Zila Parishad] shall means a [Zila Parishad] established under this Act as it stood before its amendment by the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994 ] ; (12) "servant" of the 5[Zila Panchayat] means a person in the pay and service of the 5[Zila Panchayat] ; (13) "district board" and "board" means the district board established under the United Provinces District Boards Act, 1922 ; (14) "district magistrate" means the district magistrate appointed under 9[section 20 of the Code of Criminal Procedure, 1973]; (15) "district level officers" means such officers of the district as the State Government may from time to time specify as such by notification in the Gazette ; (16) "quarter" when referring to a period of time means a period of three months commencing on the first day of any of the months of January, April, July and October ; 10[ (16-A) "Mukhya Nirvachan Adhikari (Panchayat)" means the Mukhya Nirvachan Adhikari (Panchayat) referred to in clause (kkk) of section 2 of the United Provinces Panchayat Raj Act, 1947 ] ; [(17) (a) "municipality", "municipal board" and "notified area" shall have the meanings assigned to them under the U. P. Municipalities Act, 1916 ; (b) "town area" shall have the meaning assigned to it under the U. P. Town Areas Act, 1914 ; (c) "cantonment" and "cantonment board" shall have the meaning assigned to them under the Cantonments Act, 1924; (d) "notified area committee" or dbqscommittee for a notified area" means a committee constituted under section 338 of the U. P. Municipalities Act, 1916 ; (e) "town area committee" or "committee for a town area" means a committee established under section 5 of the U. P. Town Areas Act, 1914]11; (18) "Nagar Mahapalika" means a Nagar Mahapalika established under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 ; (19) "prescribed" means prescribed by the Act or by any rule made thereunder ; (20) "prescribed authority" means any person or authority notified by the State Government in the Gazette as prescribed authority for any purpose under this Act ; (21) "rule" means a rule made by the State Government in exercise of a power conferred by this Act ; (22) 12[ * * * * ] (23) "appointed date" with reference to a Khand or a district respectively means the 13[date of constitution of the first Kshettra Panchayat for that district under this Act as amended by the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994.] (24) "judge" means the District Judge and includes any other subordinate civil judicial officer named or designated by the District Judge in this behalf ; (25) "Bhumi Prabandhak Samiti" means a Bhumi Prabandhak Samiti as defined in the United Provinces Panchayat Raj Act, 1947 ; (26) "division", "district" and "tahsil" shall have the same meanings as they have in the United Provinces Land Revenue Act, 1901 ; (27) "commissioner of the division" with reference to a 1[Kshettra Panchayat] or 5[Zila Panchayat] means the commissioner appointed under section 12 of the United Provinces Land Revenue Act, 1901, for the division within which the 1[Kshettra Panchayat] or the 5[Zila Panchayat], as the case may be, exercises its jurisdiction and includes an additional commissioner appointed under section 13 of the same Act for such division ; (28) "State" means the State of Uttar Pradesh ; (29) "State Government" means the Government of Uttar Pradesh; (30) "public servant" means a public servant as defined in section 21 of the Indian Penal Code, 1860 ; (31) 14[ * * * * ] (32) 14[ * * * * ] (33) "regulation" means a regulation made in exercise of a power conferred by this Act ; 15[(34) "constituent Gram Panchayat" with reference to a Khand means a Gram Panchayat exercising jurisdiction within the Khand ; ] (35) "Government" means the Central Government or the Government of any State of the Indian Union ; (36) "person in the service of the Government" does not include a District Government Counsel, an Additional or Assistant District Government Counsel, any other counsel engaged by Government but not paid a monthly salary, a Government treasurer, a person holding a purely honorary office, or a person who has retired from the service of the Government ; (37) "public road" or "public street" means any road street, bridge, culvert, thoroughfare, passage or place over which the public in general have legally enforceable right of way and which is vested in, or maintained by, the Government or a local authority ; (38) "public place" means a place, not being private property, which is open to the use or enjoyment of the public whether such place is vested in the local authority or not ; and (39) "local authority" includes a 16[Gram Panchayat]. 17[(40) "Panchayat area" in relation to- (a) a Kshettra Panchayat means the Territorial area of the Kshettra Panchayat, and (b) a Zila Panchayat means the territorial area of a Zila Panchayat.]

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