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--09/2021-44/ -11/07/2021 () , 2021 348 (3)4 (
The Jharkhand Panchayat Raj (Amendment) Ordinance, 2021
(Jharkhand Ordinance No. 01, 2021)
An Ordinance to amend the Jharkhand Panchayat Raj Act, 2001 (Jharkhand Act 06, 2001)
Preamble
WHEREAS, the legislature of the State of Jharkhand is not in session; AND, WHEREAS, The Governor of Jharkhand is satisfied that the circumstances exist which render it necessary for him to take immediate action to amend the JHARKHAND PANCHAYAT RAJ ACT, 2001 (ACT 06, 2001), in the manner herein after appearing; NOW THEREFORE, in exercise of the powers conferred by Clause (1) of Article 213 of Constitution of India, the Governor of Jharkhand is pleased to promulgate the following Ordinance;-
1. Short title, extent and commencement-
(1) This Ordinance may be called the Jharkhand Panchayat Raj (Amendment) Ordinance, 2021 (2) It shall extend to whole of the State of Jharkhand excepting the areas to which the provisions of the Jharkhand Municipal Act, 2011 (Jharkhand Act No. 7 of 2012) or Cantonment Act, 1924, (Act II of 1924) apply.
(3) It shall come into force from date of publication in Official Gazette.
2. Amendment of Section 24 of the Jharkhand Panchayat Raj Act, 2001 (Act 06 of 2001).- sub-section (4) shall be substituted of Section 24 of the said Act as Following :-
"(4) If the Gram Panchayat is not reconstituted before the expiry of the term mentioned in sub-section (3), it shall stand dissolved on the expiry of the term, and the provisions of section (107) shall apply to the said Panchayat for a term not exceeding six months within which the Gram Panchayat shall be reconstituted according to the provisions of this Act." 3. Amendment of Section 24 of the Jharkhand Panchayat Raj Act, 2001 (Act 06 of 2001).- A new sub-section (5) shall be added after sub-section (4) of Section 24 of the said Act as Following :-
"(5) If due to pandemic it is not possible to hold the General Election or bye Election for reconstitution of Gram Panchayat or Gram Panchayats, citing proper causes State Government may take decision to enact provisions of section (107) for that Gram Panchayat or those Gram Panchyats for a period exceeding six months OR up to completion of next election or bye election"
4. Amendment of Section 42 of the Jharkhand Panchayat Raj Act, 2001 (Act 06 of 2001).- sub-section (4) shall be substituted of Section 42 of the said Act as Following :-
"(4) If the Panchayat Samiti is not reconstituted before the expiry of the term mentioned in sub-section (3), it shall stand dissolved on the expiry of the term, and the provisions of section (107) shall apply to the said Panchayat Samiti for a term not exceeding six months within which the Panchayat Samiti shall be reconstituted according to the provisions of this Act."
5. Amendment of Section 42 of the Jharkhand Panchayat Raj Act, 2001 (Act 06 of 2001).- A new sub-section (5) shall be added after sub-section (4) of Section 42 of the said Act as Following :-
( 5"(5) If due to pandemic it is not possible to hold the General Election or bye Election for reconstitution of Panchayat Samiti or Panchayat Samities, citing proper causes State Government may take decision to enact provisions of section (107) for that Panchayat Samiti or those Panchayat Samities for a period exceeding six months or up to completion of next election or bye election"
6. Amendment of Section 57 of the Jharkhand Panchayat Raj Act, 2001 (Act 06 of 2001).- sub-section (4) shall be substituted of Section 57 of the said Act as Following :-
"(4) If the Zila Parishad is not reconstituted before the expiry of the term mentioned in sub-section (3), it shall stand dissolved on the expiry of the term, and the provisions of section (107) shall apply to the said Zila Parishad for a term not exceeding six months within which the Zila Parishad shall be reconstituted according to the provisions of this Act."
7. Amendment of Section 57 of the Jharkhand Panchayat Raj Act, 2001 (Act 06 of 2001).- A new sub-section (5) shall be added after sub-section (4) of Section 57 of the said Act as Following :-
"(5) If due to pandemic it is not possible to hold the General Election or bye Election for reconstitution of Zila Parishad or Zila Parishads, citing proper causes State Government may take decision to enact provisions of section (107) for that Zila Parishad or those Zila Parishads for a period exceeding six months OR up to completion of next election or bye election"
8. Amendment of Section 107 of the Jharkhand Panchayat Raj Act, 2001 (Act 06 of 2001).- A new sub-section (6) shall be added after sub-section (5) of Section 107 of the said Act as Following :-
"(6) If due to pandemic, it is not possible to hold the General Election or bye Election for reconstitution of Gram Panchayat or Panchayat Samiti or Zila Parishad, citing proper causes State Government may take decision to enact provisions of sub section (3) (b) (c) and sub section (4) of section (107) for that Gram Panchayat or Panchayat Samiti or Zila Parishad for a period exceeding six months or up to completion of next election or bye election "
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