HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA)
219
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 7th December, 2020
No. Leg. 41/2020.— The following Act of the Legislature of the State of Haryana received
the assent of the Governor of Haryana on the 26th November, 2020 and is hereby published for
general information:–
HARYANA ACT NO. 31 OF 2020
THE HARYANA PANCHAYATI RAJ (SECOND AMENDMENT) ACT, 2020
AN
ACT
further to amend the Haryana Panchayati Raj Act, 1994.
Be it enacted by the Legislature of the State of Haryana in the Seventy-first Year of the
Republic of India as follows:–
1.
This Act may be called the Haryana Panchayati Raj (Second Amendment) Act, 2020.
Short title.
2.
For section 9 of the Haryana Panchayati Raj Act, 1994 (hereinafter called the principal
Act), the following section shall be substituted, namely:-
―9.
Reservation and equal representation in Gram Panchayat.– (1) All
wards in a Gram Panchayat and all Gram Panchayats in a block shall for the purpose of
this section be sequentially numbered in such manner, as may be prescribed:
Provided that for such sequential numbering, the wards or Gram Panchayats
reserved for the Scheduled Castes shall be considered as one group and the remaining
wards or Gram Panchayats as another group.
(2)
The offices of panch in every Gram Panchayat shall be reserved for the
Scheduled Castes in such a way that the number of seats reserved for the Scheduled Castes
shall bear, as nearly as may be, the same proportion to the total number of seats in that
Gram Panchayat as the population of the Scheduled Castes to the total population in that
Gram Sabha area and such seats shall be allotted to such wards having maximum
percentage of population belonging to the Scheduled Castes.
Substitution of
section 9 of
Haryana Act 11
of 1994.
(3)
To ensure equal representation, a woman who is otherwise qualified to be
elected, may contest from such ward of a Gram Panchayat that receives an even number in
the sequential numbering arrived at for that group under sub-section (1) and a person other
than woman, who is otherwise qualified to be elected, may contest from such ward of a
Gram Panchayat that receives an odd number in the sequential numbering arrived at for
that group under sub-section (1) in any general election and vice versa in the next general
election:
Provided that if in any Gram Panchayat there is only one ward reserved for the
Scheduled Castes, then a woman who is otherwise qualified to be elected and belonging to
the Scheduled Castes shall be allowed to contest from such ward.
(4)
Every Panchayat shall have one panch belonging to Backward Classes if its
population is two percent or more of the total population of the sabha area and such seat
shall be allotted to such ward having maximum percentage of population of persons
belonging to Backward Classes.
Explanation.—
In case the same ward of a Gram Panchayat is eligible for reservation
of Scheduled Castes and Backward Classes, preference shall be given
to Scheduled Castes and the next eligible ward of Gram Panchayat
shall be reserved for the Backward Class.
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HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA)
(5) The offices of Sarpanch of Gram Panchayats in a block shall be reserved for
the Scheduled Castes and the number of offices reserved shall bear the same proportion to
the total number of offices of Sarpanches in the block, as the population of Scheduled Castes
in the block bears to the total population of that block and such seats shall be rotated to
different Gram Panchayats, firstly having the largest maximum percentage population of
Scheduled Castes and secondly having the next largest maximum percentage population of
Scheduled Castes and so on until the last eligible Gram Panchayat is reserved and thereafter
the cycle shall start again:
Provided that the office of the Sarpanch shall be reserved for Scheduled Castes
only if the population of Scheduled Castes in that Gram Panchayat is more than ten percent
of the total population.
(6)
To ensure equal representation, a woman who is otherwise qualified to be
elected, may contest from such a Gram Panchayat that receives an even number in the
sequential numbering arrived at for that group under sub-section (1) and a person other than
woman, who is otherwise qualified to be elected, may contest from such a Gram Panchayat
that receives an odd number in the sequential numbering arrived at for that group under sub-
section (1) for the office of Sarpanch in any general elections and vice versa in the next
general elections.
(7)
Eight percent of the total number of offices of Sarpanch in a block and
rounded off to the next higher integer in case the decimal value is 0.5 or more shall be
reserved through draw of lots for Backward Classes (A) and such seats shall be rotated
amongst Gram Panchayats in every succeeding general election:
Provided that in case any Gram Panchayat is reserved through draw of lots but has no
member in Gram Sabha belonging to Backward Classes (A) otherwise qualified to be elected
as Sarpanch, then for replacing such Gram Panchayat, the draw of lots shall be held amongst
the remaining unreserved Gram Panchayats.
(8)
The number of wards shall be re-fixed after every decennial census in such
manner, as may be prescribed.”.
Substitution of
section 10 of
Haryana Act 11
of 1994.
3.
For section 10 of the principal Act, the following section shall be substituted, namely :-
―10. Term of office.– (1) The term of office of Sarpanch shall be five years unless
removed otherwise.
(2)
A Sarpanch may be removed from his office by an order of such authority, as
may be prescribed consequent to a resolution passed, by not less than two-third voters of the
members of the Gram Sabha present and voting cast through a secret ballot, on a date and
time duration specified by such authority:
Provided that no such ballot shall be held unless a requisition in this behalf is made to
the prescribed authority by not less than one-half of the total members of the Gram Sabha.
(3)
On the requisition made under sub-section (2), the authority as specified in
sub-section (2) shall after inquiring into the genuineness thereof, notify the date and time
duration for the purpose of the secret ballot of the Gram Sabha within a period of thirty days
from the date of receipt of the requisition:
Provided that no such process shall be initiated within a period of one year from the
date of election of the Sarpanch and any subsequent resolution for removal shall not be
maintainable within the interval of one year of the last ballot of the Gram Sabha to consider
a resolution for removal of the Sarpanch.”.
Substitution of
section 59 of
Haryana Act 11
of 1994.
4.
For section 59 of the principal Act, the following section shall be substituted, namely:-
―59. Reservation and equal representation.– (1) All wards in a Panchayat Samiti
and all Panchayats Samitis in the State shall for the purpose of this section be sequentially
numbered in such manner, as may be prescribed:
Provided that for such sequential numbering, the wards and Panchayat Samitis
reserved for the Scheduled Castes shall be considered as one group and the remaining wards
and Panchayat Samitis as another group.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA)
221
(2)
The offices of member in every Panchayat Samiti shall be reserved for the
Scheduled Castes in such a way that the number of seats reserved for Scheduled Castes
shall bear, as nearly as may be, the same proportion to the total number of seats in that
Panchayat Samiti as the population of the Scheduled Castes to the total population in that
Panchayat Samiti area and such seats shall be allotted to such wards having maximum
percentage of population belonging to the Scheduled Castes.
(3)
To ensure equal representation, a woman who is otherwise qualified to be
elected, may contest from such ward of a Panchayat Samiti that receives an even number
in the sequential numbering arrived at for that group under sub-section (1) and a person
other than woman, who is otherwise qualified to be elected, may contest from such ward
of a Panchayat Samiti that receives an odd number in the sequential numbering arrived at
for that group under sub-section (1) in any general election and vice versa in the next
general election:
Provided that if in any Panchayat Samiti there is only one ward reserved for the
Scheduled Castes, then a woman who is otherwise qualified to be elected and belonging to
the Scheduled Castes shall be allowed to contest from such ward.
(4)
Eight percent of the total number of offices of members in a Panchayat
Samiti and rounded off to the next higher integer in case the decimal value is 0.5 or more,
shall be reserved through draw of lots for Backward Classes (A) subject to the condition
that the total number of such offices reserved shall not be less than two and such seats
shall be rotated amongst different wards in every succeeding general election.
(5)
The offices of Chairman of Panchayat Samitis in a State shall be reserved
for Scheduled Castes and the number of offices reserved shall bear the same proportion to
the total number of offices of Chairman in the State, as the population of Scheduled Castes
in the State bears to the total population of the State and such seats shall be rotated to
different Panchayat Samitis in the State, firstly having the largest maximum percentage of
population of Scheduled Castes and secondly having the next largest maximum
percentage of population of Scheduled Castes and so on until the last eligible Panchayat
Samiti is reserved and thereafter the cycle shall start again:
Provided that the office of the Chairman in a Panchayat Samiti shall be reserved for
Scheduled Castes only if the population of Scheduled Castes in that Panchayat Samiti is
more than ten percent of the total population.
(6)
To ensure equal representation, a woman who is otherwise qualified to be
elected, may contest from such a Panchayat Samiti that receives an even number in the
sequential numbering arrived at for that group under sub-section (1) and a person other
than woman, who is otherwise qualified to be elected, may contest from such Panchayat
Samiti that receives an odd number in the sequential numbering arrived at for that group
under sub-section (1) for the office of Chairman in any general election and vice versa in
the next general election.
(7)
The number of wards shall be re-fixed after every decennial census in such
manner, as may be prescribed.”.
5.
After section 62 of the principal Act, the following section shall be inserted, namely:-
―62A. Term of office of members.– (1) The term of office of member Panchayat
Samiti shall be five years unless removed otherwise.
(2)
A member of the Panchayat Samiti may be removed from his office by an
order of authority, as may be prescribed consequent to a resolution passed, by not less
than two-third voters of the concerned ward present and voting cast through a secret
ballot, on a date and time duration specified by such authority:
Provided that no such ballot shall be held unless a requisition in this behalf is made
to the prescribed authority by not less than one-half of the total voters of the concerned
ward.
(3)
On the requisition made under sub-section (2), the authority as specified in
sub-section (2) shall after inquiring into the genuineness thereof, notify the date and time
duration for the purpose of the secret ballot of the concerned ward within a period of thirty
days from the date of receipt of the requisition:
Insertion of section
62A in Haryana Act
11 of 1994.
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HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA)
Provided that no such process shall be initiated within a period of one year from the
date of election of the member and any subsequent resolution for removal shall not be
maintainable within the interval of one year of the last ballot of the concerned ward to
consider a resolution for removal of that member of the Panchayat Samiti.”.
Substitution of
section 120 of
Haryana Act 11
of 1994.
6.
For section 120 of the principal Act, the following section shall be substituted, namely:-
―120. Reservation and equal representation.– (1) All wards in a Zila Parishad and
all Zila Parishads in the State shall for the purpose of this section be sequentially numbered
in such manner, as may be prescribed:
Provided that for such sequential numbering, the wards of Zila Parishad reserved for
the Scheduled Castes shall be considered as one group and the remaining wards of Zila
Parishad as another group.
(2)
The offices of member in every Zila Parishad shall be reserved for the
Scheduled Castes in such a way that the number of seats reserved for Scheduled Castes shall
bear, as nearly as may be, the same proportion to the total number of seats in that Zila
Parishad as the population of the Scheduled Castes to the total population in that Zila
Parishad area and such seats shall be allotted to such wards having maximum percentage of
population belonging to Scheduled Castes.
(3) To ensure equal representation, a woman who is otherwise qualified to be
elected, may contest from such ward of a Zila Parishad that receives an even number in the
sequential numbering arrived at for that group under sub-section (1) and a person other than
woman, who is otherwise qualified to be elected, may contest from such ward of a Zila
Parishad that receives an odd number in the sequential numbering arrived at for that group
under sub-section (1) in any general election and vice versa in the next general election:
Provided that if in any Zila Parishad there is only one ward reserved for the
Scheduled Castes, then a woman who is otherwise qualified to be elected and belonging to
the Scheduled Castes, shall be allowed to contest from such ward.
(4)
Eight percent of the total number of offices of members in a Zila Parishad and
rounded off to the next higher integer in case the decimal value is 0.5 or more, shall be
reserved through draw of lots for Backward Classes (A) subject to the condition that the total
number of such offices reserved shall not be less than two and such seats shall be rotated
amongst different wards in every succeeding general election.
(5)
The offices of President of Zila Parishads in the State shall be reserved for
Scheduled Castes and the number of offices reserved shall bear the same proportion to the
total number of offices of President in the State, as the population of Scheduled Castes in
the State bears to the total population of that State and such seats shall be rotated to different
Zila Parishads, firstly having the largest maximum percentage of population of Scheduled
Castes and secondly having the next largest maximum percentage of population of
Scheduled Castes and so on until the last eligible Zila Parishad is reserved and thereafter the
cycle shall start again:
Provided that the office of the President in a Zila Parishad shall be reserved for
Scheduled Castes only if the population of Scheduled Castes in that Zila Parishad is more
than ten percent of the total population.
(6)
To ensure equal representation, a woman who is otherwise qualified to be
elected, may contest from such ward of a Zila Parishad that receives an even number in the
sequential numbering arrived at for that group under sub-section (1) and a person other than
woman, who is otherwise qualified to be elected, may contest from such ward of a Zila
Parishad that receives an odd number in the sequential numbering arrived at for that group
under sub-section (1) in any general election and vice versa in the next general election.
(7)
The number of wards shall be re-fixed after every decennial census in such
manner, as may be prescribed.”.
Insertion of
section 123A in
Haryana Act 11
of 1994.
7.
After section 123 of the principal Act, the following section shall be inserted, namely:-
―123A. Term of office of members.– (1) The term of office of member Zila
Parishad shall be five years unless removed otherwise.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA)
223
(2)
A member of the Zila Parishad may be removed from his office by an order
of such authority, as may be prescribed consequent to a resolution passed, by not less than
two-third voters of the concerned ward present and voting cast through a secret ballot, on
a date and time duration specified by such authority:
Provided that no such ballot shall be held unless a requisition in this behalf is made
to the prescribed authority by not less than one-half of the total voters of the concerned
ward.
(3)
On the requisition made under sub-section (2), the authority specified in
sub-section (2) shall after inquiring into the genuineness thereof, notify the date and time
duration for the purpose of the secret ballot of the concerned ward within a period of thirty
days from the date of receipt of the requisition:
Provided that no such process shall be initiated within a period of one year
from the date of election of the member and any subsequent resolution for removal shall
not be maintainable within the interval of one year of the last ballot of the concerned ward
to consider a resolution for removal of that member of the Zila Parishad.”.
8.
(1)
Notwithstanding anything contained in this Act, any vacancy arising after the
commencement of the Haryana Panchayati Raj (Second Amendment) Act, 2020 but before the
first general elections to the Panchayati Raj Institutions to be held after the commencement of the
Haryana Panchayati Raj (Second Amendment) Act, 2020 shall be filled up in accordance with the
law in force prior to commencement of the Haryana Panchayati Raj (Second Amendment)
Act, 2020.
(2)
Notwithstanding anything contained in this Act, the provisions regarding removal
of Sarpanch, member of Panchayat Samiti and Zila Parishad as provided in the Haryana
Panchayati Raj (Second Amendment) Act, 2020 shall be applicable after the first general
elections to the Panchayati Raj Institutions to be held after the commencement of the Haryana
Panchayati Raj (Second Amendment) Act, 2020.
Savings.
BIMLESH TANWAR,
Administrative Secretary to Government,
Haryana, Law and Legislative Department.
8990—L.R.—H.G.P. Pkl.