When an order or direction of the kind specified in section 251 is subject to appeal and appeal has been inst… — U. P. ACT No . XXXIII of 1961 ]

When an order or direction of the kind specified in section 251 is subject to appeal and appeal has been instituted against it, or a

254. When an order or direction of the kind specified in section 251 is subject to appeal and appeal has been instituted against it, or a Dispute as to compensation payable by 1 [Zila Panchayat] or a 1 [Kshettrra Panchayat] Act 1 of 1814 Decision of disputes between authorities Suit against 1 [Zila Panchayat] or 1 [Kshettra Panchayat] or its officers, etc. civil suit has been filed concerning the subject matter of any order or direction made under section 251, all proceedings to enforce such order or direction and all prosecutions for a breach thereof may, by order of the appellate authority or of the civil court, as the case may be suspended pending the decision of the appeal or the civil suit; and if such order is set aside on appeal or by the decree of the civil court, disobedience thereto shall not be deemed to be an offence. (1) Should a dispute arise touching the amount of compensation which the 1 [Zila Panchayat] or a 1 [Kshettra Panchayat] is required by this Act to pay, it shall be settled in such manner as the parties may agree, or in default of agreement, by the collector upon application made to him by the 1 [Zila Panchayat], the 1 [Kshettra Panchayat] or the person claiming compensation. Any decision of the collector awarding compensation shall be subject to a right of the applicant for compensation to require reference to the district judge in accordance with the procedure set forth in section 18 of the Land Acquisition Act, 1894. In cases in which compensation is claimed in respect of land, the collector and the district judge shall, as far as may be, observe the procedure prescribed by the said Act for proceedings in respect of compensation for the acquisition of land acquired for public purpose. (1) Should a dispute arise between a 1 [Zila Panchayat] or a 1 [Kshettra Panchayat] and any other local authority on any matter in which they are jointly interested, such dispute shall be referred to the State Government whose decision shall be final. The State Government may regulate by rule the relations to be observed between 1[Zila Panchayats] and 1 [Kshettra Panchayats] and other local authorities in any matter in which they are jointly interested. (1) No suit shall be instituted against a 1 [Zila Panchayat] or a 1 [Kshettra Panchayat] or against a member, officer or servant of a 1 [Zila Panchayat] or a 1 [Kshettra Panchayat], in respect of an act done or purporting to have been done in its or his official capacity until the expiration of two months next after notice in writing has been, in the case of a 1[Zila Panchayat] or a 1 [Kshettra Panchayat] left at its office, and, in the case of a member, officer or servant, delivered to him or left at his office or place of adobe, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plain till, and the plaint shall contain a statement that such notice has been delivered or left. If the 1 [Zila Panchayat] or a 1 [Kshettra Panchayat] or the member, officer or servant has before action is commenced, tendered Prohibiting temporary injunctions by civil courts against 1 [Zila Panchayat] , 1 [Kshettra Panchayat] or their officers Delegation of powers by the State Government Facility for inspection of minute books and assessment lists sufficient amends to the plaintiff the plaintiff shall not recover any sum in excess of the amount so tendered and shall also pay all costs incurred by the defendant after such tender. (3) No action such as is described in sub-section (1) shall, unless it is an action for the recovery of immovable property or for a declaration of title thereof, be commenced otherwise than within six months next after the accrual of the cause of action : Provided that nothing in sub-section (1) shall construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the commencement of the suit or proceeding. No civil court shall, in the course of any suit, grant any temporary injunction, or made any interim order , — (a) restraining any person from exercising the powers or performing the functions or duties of a member, Adhyaksha, Upadhyaksha, officer or servant of a 1 [Zila Panchayat] or of a committee or sub -committee of a 1[Zila Panchayat] on the ground that such person has not been duly elected, co-opted or appointed as such member, Adhyaksha, Upadhyaksha, officer or servant ; or (b) restraining any person from exercising the powers and performing the functions and duties of a member, Pramukh, UpPramukh, officer or servant of a 1[Kshettra Panchayat] or of a committee or sub -committee of a 1[Kshettra Panchayat] on the ground that such person has not been duly elected, co-opted or appointed such member, Pramukh, Up-Pramukh, officer or servant ; or (c) restraining any person or persons, or any 1 [Zila Panchayat or 1 [Kshettra Panchayat] or committee or sub-committee of a 1 [Zila Panchayat, or a 1 [Kshettra Panchayat] form holding any election, or from holding any election in any particular manner. ————— CHAPTER — XIII MISCELLANEOUS The State Government may, by notification in the Gazette , delegate to the prescribed authority, in respect of any specified 1 [Zila Panchayat] or 1 [Kshettra Panchayat] or 1 [Zila Panchayat] or 1 [Kshettra Panchayat] any one or more of the powers vested in it by this Act. The minute books of the 1[Zila Panchayat] and every 1 [Kshettra Panchayat] and the assessment lists of the 1 [Zila Panchayat] shall be open to inspection free of charge by any tax-payer or elector under conditions to be prescribed by bye law in this behalf. Provision for publicity of rules regulations and bye-laws Books containing every rule, regulation and bye-law shall be kept in the office of the 1 [Zila Panchayat] or the 1 [Kshettra Panchayat] as the case may be, and shall be open, during the ordinary hours of business, inspection, free of charge by any person and shall be for sale to the public at such office at a reasonable price to be specified by byelaw in this behalf. Mode of proof of records or 1 [Zila Panchayat] or 1 [Kshettra Panchayat] Restriction on the summoning of servants of 1 [Zila Panchayats] or 1 [Kshettra Panchayats] to produce documents Inspection of works and registers of 1 [Zila Panchayats] or 1 [Kshettra Panchayats] by members Honoraria and allowances Manner and conduct of election A copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of a 1 [Zila Panchayat] or a 1 [Kshettra Panchayat] shall, if duly certified by the legal keeper thereof or other person authorized in this behalf, be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters. No officer or servant of a 1[Zila Panchayat] or of a 1 [Kshettra Panchayat] shall in any legal proceeding to which the 1 [Zila Panchayat] or the 1[Kshettra Panchayat] is not a party, be required to produce any register or document, the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein unless by order of the court made for special cause. Any member of a 1 [Zila Panchayat] or a 1 [Kshettra Panchayat] may inspect any work or institution constructed or maintained, in whole or part, that the expense of the 1 [Zila Panchayat] or the 1[Kshettra Panchayat], as the case may be, and with the previous sanction of the Adhyaksha any register, book, accounts or other documents in the office of the 1[Zila Panchayat] or the 1 [Kshettra Panchayat] as the case may be. 2 [264-A. (1) The Adhyaksh and 3 [x x x] of a Zila Panchayat and the Pramukh and 3[x x x] of a Kshettra Panchayat shall receive such honoraria and such allowances as may be prescribed. The members of a Zila Panchayat, other than Adhyaksha, and 3 [x x x], and members of a Kshettra Panchayat other than Pramukh and Up-Pramukh, shall receive such allowances as may be prescribed. ] 2 [ 264-B. (1) The election to the office of an Adhyaksha, Upadhyaksha or a member of a Zila Panchayat and a Pramukh, 3[x x x] or a member of a Kshettra Panchayat shall be held by secret 2 . Ins. by sec. 119 of U. P. Act no. 09 of 1994. 3 . Omit by sec. 9 of U.P. Act No. 44 of 2007. ballot in the manner provided by rules which shall also provide for resolution of doubts and disputes relating to the election of such Adhyaksha, 1 [x x x] Pramukh and 1 [x x x] . (2) The superintendence, direction and control of the conduct of election of the office of an Adhyaksha, 1 [x x x] or a member or a Zila Panchayat and of a Pramukh, 1 [x x x] or a member of a Kshettra Panchayat shall vest in the State Election Commission.

Section 254