HARYANA GOVT. GAZ. (EXTRA.), SEPT. 2, 2022 (BHDR. 11, 1944 SAKA)

PART-II

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 2nd September, 2022

No. Leg.29/2022.— The following Ordinance of the Governor of Haryana promulgated

under clause (1) of article 213 of the Constitution of India, on the 01st September, 2022 is hereby

published for general information:-

HARYANA ORDINANCE NO. 1 OF 2022

THE HARYANA PANCHAYATI RAJ (AMENDMENT) ORDINANCE, 2022

ORDINANCE

further to amend the Haryana Panchayati Raj Act, 1994.

Promulgated by the Governor of Haryana in the Seventy-third Year of the Republic of

India.

Whereas the Legislature of the State of Haryana is not in session and the Governor is

satisfied that circumstances exist which render it necessary for him to take immediate action;

Now, therefore, in exercise of the powers conferred by clause (1) of article 213 of the

Constitution of India, the Governor of Haryana hereby promulgates the following Ordinance:-

This Ordinance may be called the Haryana Panchayati Raj (Amendment) Ordinance, 2022.

Short title

In section 9 of the Haryana Panchayati Raj Act, 1994 (hereinafter called the principal

Act),-

(a)

for sub-section (4), the following sub-section shall be substituted, namely:-

“(4) The wards of panch shall be reserved for the Backward Classes (A) in

every Gram Panchayat and the number of wards so reserved shall bear, as nearly as

may be, the same proportion to the total number of wards in that Gram Panchayat

as one-half of the percentage of population of Backward Classes (A) to the total

population in that Gram Sabha area and rounded off to the next higher integer in

case the decimal value is 0.5 or more and such wards shall be allotted by draw of

lots among the wards other than that reserved for Scheduled Castes and also by

rotation in the subsequent elections:

Provided that every Gram Panchayat shall have at least one panch belonging

to the Backward Classes (A) if its population is two percent or more of the total

population of the sabha area and such ward shall be allotted by draw of lots among

the wards other than that reserved for Scheduled Castes and also by rotation in the

subsequent elections:

Provided further that where the number of wards so reserved for Backward

Classes (A) under this sub-section added to the number of wards reserved for the

Scheduled Castes exceeds fifty percent of the total number of wards in that Gram

Panchayat, then the number of wards reserved for the Backward Classes (A) shall

be restricted to such largest number that shall lead to the total of the wards reserved

for the Backward Classes (A) and Scheduled Castes not exceeding fifty percent of

the total wards in that Gram Panchayat.

Explanation.- For the purposes of reservation of Backward Classes (A) under this

sub-section, the population of the Gram Sabha area and the

population of Backward Classes (A) in said sabha area shall be such,

as may be drawn from the Family Information Data Repository

established under the provisions of the Haryana Parivar Pehchan Act,

2021 (20 of 2021), on such date, as may be notified by the

Government.”.

Amendement of

section 9 of

Haryana Act 11

of 1994.

HARYANA GOVT. GAZ. (EXTRA.), SEPT. 2, 2022 (BHDR. 11, 1944 SAKA)

(b)

for sub-section (7), the following sub-section shall be substituted, namely:-

“(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 for Backward Classes (A) and shall be allotted by draw of lots among the

highest three times the number of Gram Panchayats proposed for reservation for

Backward Classes (A) which are having the largest percentage of population of

Backward Classes (A) after excluding those Gram Panchayats where the post of

Sarpanch is already reserved for Scheduled Castes under sub-section (5) and also by

rotation in the subsequent elections:

Provided that where the number of offices of Sarpanch in a block so reserved

for Backward Classes (A) under this sub-section added to the number of offices of

Sarpanch reserved for the Scheduled Castes in that block exceeds fifty percent of the

total number of offices of Sarpanch in that block, then the number of offices of

Sarpanch reserved for the Backward Classes (A) shall be restricted to such largest

number that shall lead to the total of the offices of Sarpanch reserved for the

Backward Classes (A) and Scheduled Castes not exceeding fifty percent of the total

offices of Sarpanch in that block.

Explanation.- For the purposes of reservation of Backward Classes (A) under this

sub-section, the population of the block and the population of

Backward Classes (A) in said block shall be such, as may be drawn

from the Family Information Data Repository established under the

provisions of the Haryana Parivar Pehchan Act, 2021 (20 of 2021), on

such date, as may be notified by the Government.”.

Amendment of

section 59 of

Haryana Act 11

of 1994.

For sub-section (4) of section 59 of the principal Act, the following sub-section shall be

substituted, namely:-

“(4) The wards of member shall be reserved for the Backward Classes (A) in every

Panchayat Samiti and the number of wards so reserved shall bear, as nearly as may be, the

same proportion to the total number of wards in that Panchayat Samiti as one-half of the

percentage of population of Backward Classes (A) to the total population in that block and

rounded off to the next higher integer in case the decimal value is 0.5 or more and such

wards shall be allotted by draw of lots among the wards other than that reserved for

Scheduled Castes and also by rotation in the subsequent elections:

Provided that where the number of wards of Panchayat Samiti so reserved for

Backward Classes (A) added to the number of wards reserved for the Scheduled Castes

exceeds fifty percent of the total number of wards in that block, then the number of wards

reserved for the Backward Classes (A) shall be restricted to such largest number that lead to

the total of the wards reserved for the Backward Classes (A) and Scheduled Castes not

exceeding fifty percent of the total number of wards in that Panchayat Samiti.

Explanation.- For the purposes of reservation of Backward Classes (A) under this

sub-section, the population of the block and the population of Backward

Classes (A) in said block shall be such, as may be drawn from the Family

Information Data Repository established under the provisions of the Haryana

Parivar Pehchan Act, 2021 (20 of 2021), on such date, as may be notified by

the Government.”.

Amendment of

section 120 of

Haryana Act 11

of 1994.

For sub-section (4) of section 120 of the principal Act, the following sub-section shall be

substituted, namely:-

“(4) The wards of member shall be reserved for the Backward Classes (A) in every

Zila Parishad and the number of wards so reserved shall bear, as nearly as may be, the same

proportion to the total number of wards in that Zila Parishad area as one-half of the

percentage of population of Backward Classes (A) to the total population in that Zila

Parishad area and rounded off to the next higher integer in case the decimal value is 0.5 or

more and shall be allotted by draw of lots among the highest three times of the number of

wards of Zila Parishad proposed for reservation of Backward Classes (A) which are having

the largest percentage population of Backward Classes (A) after excluding those wards of

Zila Parishad already reserved for Scheduled Castes and also by rotation in the subsequent

elections:

HARYANA GOVT. GAZ. (EXTRA.), SEPT. 2, 2022 (BHDR. 11, 1944 SAKA)

Provided that where the number of wards of Zila Parishad so reserved for Backward

Classes (A) under this sub-section added to the number of wards reserved for the

Scheduled Castes exceeds fifty percent of the total number of wards in that Zila Parishad,

then the number of wards of Zila Parishad reserved for the Backward Classes (A) shall be

restricted to such largest number that shall lead to the total of the wards reserved for the

Backward Classes (A) and Scheduled Castes not exceeding fifty percent of the total

number of wards in that Zila Parishad.

Explanation.- For the purposes of reservation of Backward Classes (A) under this

sub-section, the population of the Zila Parishad area and the population of

Backward Classes (A) in said area shall be such, as may be drawn from the

Family Information Data Repository established under the provisions of the

Haryana Parivar Pehchan Act, 2021 (20 of 2021), on such date, as may be

notified by the Government.”.

CHANDIGARH:

BANDARU DATTATRAYA

THE 01^ST SEPTEMBER, 2022

GOVERNOR OF HARYANA

………………………………

BIMLESH TANWAR,

Administrative Secretary to Government, Haryana,

Law and Legislative Department.

9865—L.R.—H.G.P., Pkl.