Subject NOT available

click here for IIIF manifest

REGISTERED No, D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 82] NEW DELHI, WEDNESDAY, APRIL 4, 1973/CHAITRA 14, 1895

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 4th April 1973

G.S.R. 195(E).—In exercise of the powers conferred by section 87 of the Punjab Reorganisation Act, 1966 (31 of 1966), the Central Government hereby extends to the Union Territory of Chandi- garh, the enactments specified in column (i)ofthe Schedule hereto annexed, as in force in the State of Punjab at the date of this notification, subject to the modifications specified in the corresponding entries in column (2) of the said Schedule.

THE SCHEDULE

Enactment

Modifications

(3)

00

I . The Punjab Gram Psnchayat (Amendment) Act,

1971 (Punjab Act 7 of 1971).

x. In section 2, for the words, brackets and' figures "In sub-section (1) of section 4 of the Punjab Gram Panchayat Act, 1952 (hereinafter referred to as the Principal Act)" the words, brackets and figures ''In sub-section (1) of section 4 of the Punjab Gram Panchayat Act, 1952, as in force in the Union Territory of Chandigarh (here- inafter referred to as the principal Act)" shall be substituted.

( 5 2 9)

( I)

( 2)

2. In section 3, clause (i) shall be omitted,

3. Sections 4, 5 and 6 shall be omitted.

2. The Punjab Gram Panchayat (Amendment)

Act, 1972 (Punjab Act 3 of 1972).

1. In section 2, for the words, figures and brackets "In section 3 of the Punjab Gram Panchayat Act, 1952 (hereinafter referred to as the principal Act)", the words, figures and brackets ' In section 3 of the Punjab Gram Panchayat Act, 1952, as in force in the Union territory of Chandigarh(herein- after referred to as the principal Act)" shall be substituted.

2. Section 6 shall be omitted.

ANNEXUBF I

THE PUNJAB GRAM PANCHAYAT (AMENDMENT) ACT, 1971 (PUNJAB ACT 7 OF 1971) AS EXTENDED TO THE UNION TERRITORY OF CHANDIGARH.

An Act to amend the Punjab Gram Panchayat Act, 1952.

BE it enacted by the Legislature of the State of Punjab in the Twenty-second Year of the Republic- of India as follows :—

1. Short title.—This Act may be called the Punjab Gram Panchayat (Amendment) Act, 1971.

2. Amendment of Section 4 of Punjab Act 4 0/1953.—In sub-section (1) of section 4 of the Punjab Gram Panchayat Act, 1952, as in force in the Union territory of Chandigarh (hereinafter referred to as the Principal Act),—

(1) for the words "five hundred" the words "two hundred" shall be substituted; and (") the second proviso Bhall be omitted.

3. Amendment of Section 6 of Punjab Act 4 0/1953.—In section 6 of the principal Actj—

(0 [Omitted] ;

(it) in the first proviso to pub-section (4), for the figure "1970" the figure "1980" shall be- substituted.

4. Substitution of Section 9 of Punjab Act, 4 of 1953.—[Omitted].

5. Substitution of Section 95-A of Punjab Act 4 of 1953.—[Omitted],

6. Amendment of Schedule IV of Punjab Act 4 0/1953.—[Omitted].

ANNEXURB II

THE PUNJAB GRAM PANCHAYAT (AMENDMENT) ACT, 1972 (PUNJAB ACT 3 OF 1972) AS EXTENDED TO THE UNION TERRITORY OF CHANDIGARH.

An Act to amend the Punjab Gram Panchayat Act, 1952.

BE it enacted by the Legislature of the State of Punjab in the Twenty-third Year of the Rcpublic- of India as follows :—

1. Short title and commencement,—(1) This Act may be called the Punjab Gram Panchayat (Amendment) Act, 1972.

(2) It shall come into force at once.

2. Amendment of Section 3 of Punjab Act 4 of 1953.—In section 3 of the Punjab Gram Pan- chayat Act, 1952, as in force in the Union territory of Chandigarh (hereinafter referred to as the principal Act), for clause (g), the following clause shall be substituted, namely :—

"(g) "Gram Panchayat" means the Gram Panchayat constituted under section 6j".

3. Amendment of Section 6 of Punjab Act 4 of 1953.—In section 6 of the principal Act, for sub-sections (1) and (2), the following sub-sections shall be substituted, namely:—

"(1) Every Sabha shall, in the prescribed manner, elect from amongst its members a Chair- man of the Sabha and Executive Committee consisting of such number of members not being less than five and more than eleven including the Chairman of the Sabha as the Government may determine taking into account of the population of the Sabha area :

Provided that if no woman is elected as a member of the Executive Committee, the worman candidate securing the highest number of votes amongst the woman candidates in that election shall be deemed to have hcen co-opted as a member of die Executive Committee and where no such woman candidate is available the prescribed authority shall co-opt in the prescribed manner a woman member of the Sabha who is qualified to be elected as a Panch.

(2) The Executive Committeeteferrcd to in sub-section (1) shall be styled as the Gram Panchayat and the Chairman of the Sabha and members of the Executive Committee shall also be called the Sarpanch and Panchcs respectively of the Gra m Panchayat".

4. Substitution of Section 9 of Punjab Act 4 of 1953.—For section 9 of the principal A.ct, the following section shall be substituted, namely :—•

"9. (1) Before entering upon the duties of their offices, the Sarpanch and Panches shall take an oath in the form specified in Schedule TV.

Oath and term of office of Panches and no

confidence motion against them.

(2) The SarpanchandPanch.es Bhallholdo31;a for ap;riod offw2 y:irs :

Provided that an outgoing Sarpanch or Panch shall, unless Government directs othirivis;

'continue to hold office until his successor takes oath.

(3) An application regarding intention to move a motion of no-conrliencc against the Chair- man of the Sabha or a member of the Executive Committee may be made to the Block Divelopm:nt and Panchayat Officer by a majority of not less than two-thirds of the total number of members of the Sabha ;

Provided that no such application shall be made unless a period of one year has elapsed from the date on which the Chairman or the member of the Executive Committee, as the case may be, assumed his office.

(4) The Block Development and Panchayat Officer, shall within a period of fifteen days of the receipt of application under sub-section ^3), convene a meeting of the Sabha, for discussing and taking a decision on the no-confidence motion by giving seven clear days' notice of the meeting. Such a meeting shall be presided over by the Block Development and Panchayat Officer or such officer, not below the rank of Extension Officer, as may be authorised by the Block Development and Panchayat Officer in this behalf.

(5) If the no-confidence motion is carried in the meeting by a majority of not less than two- thirds of the total number of members of the Sabha, the Chairman or the member of the Executive Committee, as the case may be, shall be deemed to have been removed from his office ;

Provided that where a no-confidence motion is moved against the Chairman of the Sahha or the member of the Executive Committee, as the case may be, but is lost, another no-confidence motion shall not be moved against him for period of two years from the date on which the motion was lost."

5. Substitution of Section 95-A of Punjab Act, 4 of 1953.—For section 95-A of the principal Act, the following section shall be substituted, namely :—

"95-A. (1) Notwithstanding anything contained in this Act or the rules made thereunder, the Power of Government to direct holding of general Government may, by notification, direct elections of Chairman and Members of Executive that a general election of the Chairman and Committees of Sabhas. members of the Executive Committees of all Sabhas, and, where necessary, co-option of members of such Committees, shall be held and made by such date as may be specified in the notification :

Provided that different dates may be specified for election and co-option and for different Sabhas or groups thereof.

th u -⁸ ?°°n as a " o ^ ^ on is issued under sub-section (i) the Deputy Commissibner and all otfler authorities concerned shall take all necessary steps for such election and co-option under and in accordance with the provisions of this Act and the rules made thereunder.

(3) The power of issuing a direction under sub-section (i)may be exercised by the Govern- ment Jrom time to time so that a period of not less than five years shall intervene between any two C£nSpCUtlVC- g e n e r al elections and the direction may include such Sabhas as well, the elections to the bxecutiye Committees where of were held at any time after the general elections as at result ot supersession or suspension of Gram Panchayat of such Sabha or due to any other cause, even if tne period of five years has not intervened.".

6. Amendment of Schedule IV of Pun)ab Act 40/1953.—[Omitted].

[No. F. 15/3/71-UTL-C123)]

K. R. PRABHU, Jt. Secy.

PRINTED BY T HI MANAGER, GOVERNMENT OF INDIA PRESS, M E MO ROAD,

NEW DELS* AND PUBLISHED BY THH MANAGER OF PUBLICATIONS, DBLHI, 1 9 73