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Jharkhand Panchayat Raj (Amendment) Act, 2021
Jharkhand Act - 13, 2021
An Act, to amend the Jharkhand Panchayat Raj Act, 2001 (Jharkhand Act 06, 2001)
Be it enacted by the legislature of Jharkhand in the Seventy second years of the Republic of India as follows-
1. Short title, extent and commencement-
(1) This Act may be called the Jharkhand Panchayat Raj (Amendment) Act, 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 the Official Gazette.
2. Amendment of Section 24 of the Jharkhand Panchayat Raj Act, 2001 (Act 06 of 2001) (hereinafter referred as the Principal Act ) - (1) sub-section (4) of Section 24 of the Principal Act shall be substituted as follows :-
"(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." (2) A new sub-section (5) shall be inserted after sub-section (4) of Section 24 of the Principal Act as Follows:-
"(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 the State Government may take decision to enforce provisions of section (107) for that Gram Panchayat or those Gram Panchayats for a period exceeding six months or up to completion of next election or bye election"
3. Amendment of Section 42 of the Principal Act- (1) sub-section (4) of Section 42 of the Principal Act as shall be substituted as follows :-
( 5"(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."
(2) A new sub-section (5) shall be inserted after sub-section (4) of Section 42 of the Principal Act as Follows:-
"(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 the State Government may take decision to enforce 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"
4. Amendment of Section 57 of the Principal Act- (1) sub-section (4) of Section 57 of the Principal Act as shall be substituted as follows :- "(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." (2) A new sub-section (5) shall be inserted after sub-section (4) of Section 57 of the Principal Act as Follows:- "(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 enforce 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"
5. Amendment of Section 107 of the Principal Act - A new sub-section (6) shall be inserted after sub-section (5) of Section 107 of the Principal Act as follows :-
"(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 the State Government may take decision to enforce 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 "
6. Repeal and Saving: - Jharkhand Panchayat Raj (Amendment) Ordinance, 2021 is hereby repealed. Notwithstanding such repeal, all rules, orders and notifications published, proceedings and any other action taken in the exercise of powers conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of power conferred by or under this Act, as if, this Act was in force on the day on which such thing were done or action taken.
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