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JHARKHAND PANCHAYAT RAJ (AMENDMENT) ACT 2010

THE JHARKHAND PANCHAYAT RAJ (AMENDMENT) ACT, 2010
NO. 33 OF 2010
[4th September, 2010.]
An Act further to amend the Jharkhand Panchayat Raj Act, 2001.
BE it enacted by Parliament
in the Sixty-first Year 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, 2010.
(2) It extends to the whole of the State of Jharkhand.
(3) It shall be deemed to have come into force on the 15th day of April,
2010.
2. Amendment of sections 17, 36 and 51. - In the Jharkhand Panchayat Raj Act, 2001 (hereinafter referred to as the
principal
Act),--
(a) in section 17,--
(i) in Part (A), in sub-sections (3) and (4), for the words, figures and letters "at least
1/3rd", the
words "not less than fifty per cent." shall be substituted;
(ii) in Part (B), --
(A) in sub-section (3), for the word, figures and
letters "the 1/3rd", the words "not
less than fifty per cent." shall be substituted;
(B) in sub-section (4), for the figures and
letters "1/3rd", the words "not less than
fifty per cent." shall be substituted;
(b) in section 36,--
(i) in Part (A), in sub-sections
(3) and (4), for the word "one-third", the words "fifty per
cent." shall be substituted;
(ii) in Part (B), in sub-sections (3) and
(4), for the word "one-third", the words "not less
than fifty per cent." shall be substituted;
(c) in section 51,--
(i) in Part (A),
in sub-sections (3) and (4), for the word "one-third", the words "fifty per
cent." shall be substituted;
(ii) in Part (B), in sub-sections
(3) and (4), for the word "one-third", the words "not less
than fifty per cent." shall be substituted.
3. Amendment of section 21.
- In section 21 of the principal Act,--
(a) in Part (A),--
(i) in the heading, the words "and Up-Mukhia" shall be omitted;
(ii) for
sub-section (1), the following sub-section shall be substituted, namely:--
`(1) The following procedure shall be followed in respect
of reservation for the
candidates belonging to the Scheduled Castes and the Scheduled Tribes, namely:--
"(i) In General Areas (Non-Scheduled
Areas), the posts of Mukhia shall be
reserved for the candidates belonging to the Scheduled Castes and the Scheduled
Tribes in proportion
of their population and such posts shall be allotted by rotation
in the prescribed manner to different constituencies by the State
Election
Commission.
(ii) In case of less than fifty per cent. reservation of posts for the Scheduled
Castes and the Scheduled Tribes
candidates, rest of the posts shall be reserved for
the Other Backward Classes in proportion of their population but in any case
the
total number of posts reserved for the Scheduled Castes, the Scheduled Tribes and
the Other Backward Classes shall not exceed
more than fifty
per cent. of the total posts.
(iii) Out of the total posts reserved under clauses (i) and (ii) of this sub-
section,
not less than fifty per cent. of the posts shall be reserved for the women
belonging to the Scheduled Castes, the Scheduled Tribes
and the Other Backward
Classes.
(iv) Not less than fifty per cent. of the total posts of Mukhia (including the
posts reserved for
women belonging to the Scheduled Castes, the Scheduled Tribes
and the Other Backward Classes) shall be reserved for women candidates
and such
posts shall be duly allotted by rotation by the State Election Commission in
different Gram Panchayats of the Panchayat
Samiti." ';
(b) in Part (B),--
(i) in the heading, the words "and Up-Mukhia" shall be omitted;
(ii) in sub-section (ii), for the
word "one-third", the words "fifty per cent." shall be
substituted.
4. Amendment of section 22. - In section 22 of the principal
Act, for clause (d), the following clause shall
be substituted, namely:--
"(d) the posts of Up-Mukhia in General Areas as well as
in the Scheduled Areasshall be kept
unreserved or shall be dealt with in accordance with the provisions made by the State Government.".
5. Amendment of section 40. - In section 40 of the principal Act,--
(a) in Part (A), for sub-section (1), the following sub-section
shall be substituted, namely:--
`(1) Reservation for the candidates belonging to the Scheduled Castes and the Scheduled
Tribes for
the posts of Pramukh shall be in the following manner:--
"(i) In General Areas (Non-Scheduled Areas), the total number of posts of
Pramukh
of the district shall be reserved for the Scheduled Castes and the Scheduled Tribes
candidates in proportion of their population and such posts shall be allotted
by rotation to
different constituencies by the State Election Commission.
(ii) In case of less than fifty per cent. reservation of
posts for the Scheduled Castes
and the Scheduled Tribes candidates, the rest of the posts shall be reserved for the Other
Backward
Classes in proportion of their population in the area, but in any case, the posts
of Pramukh reserved for the Scheduled Castes, the
Scheduled Tribes and the Other
Backward Classes candidates shall not exceed fifty per cent. of the total posts.
(iii) Out of the
total posts reserved under clauses (i) and (ii), not less than fifty per
cent. shall be reserved for women candidates belonging to
the Scheduled Castes, the
Scheduled Tribes and the Other Backward Classes.
(iv) Not less than fifty per cent. of the total posts
of Pramukh in the district
(including posts reserved for women belonging to the Scheduled Castes, the Scheduled
Tribes and the Other
Backward Classes) shall
be reserved for women candidates and such posts shall be allotted by
rotation by the State Election Commission
in the prescribed manner in the light of total
posts of Pramukh of the district.
(v) The posts of Up-Pramukh shall be kept unreserved
or shall be dealt with in
accordance with the provisions made by the State Government." ';
(b) in Part (B), for the word "one-third",
the words "fifty per cent." shall be substituted.
6. Amendment of section 55. - In section 55 of the principal Act,--
(a) in Part
(A), for sub-section (1), the following sub-section shall be substituted, namely:--
`(1) The following procedure shall be followed
in respect of reservation for the
candidates belonging to the Scheduled Castes and the Scheduled Tribes, namely:--
"(i) In General
Areas (Non-Scheduled Areas), the total number of posts of
Adhyaksha of Zila Parishad shall be reserved for the Scheduled Castes and
the Scheduled
Tribes candidates in proportion of their population in the State and such posts shall be
allotted by rotation by the
State Election Commission in the prescribed manner in
different constituencies:
Provided that if the total number of Adhyaksha belonging
to the Scheduled Tribes
in the Scheduled Areas is beyond the proportion of their population in the State, further
reservation shall
not be provided.
(ii) In case of less than fifty per cent. reservation of posts of Adhyaksha of Zila
Parishad for the Scheduled Castes
and the Scheduled Tribes candidates, rest of the vacant
posts shall be reserved for the
Other Backward Classes in proportion of their
population in the State, but in any case the
posts of Adhyaksha of Zila Parishad reserved for the Scheduled Castes, the Scheduled
Tribes and the Other Backward Classes candidates shall not exceed fifty per cent. of total
posts of Adhyaksha of Zila Parishad.
(iii)
Out of the total posts reserved under clauses (i) and (ii) of this sub-section, not
less than fifty per cent. shall be reserved for
women candidates belonging to the
Scheduled Castes, the Scheduled Tribes and the Other Backward Classes.
(iv) Not less than fifty
per cent. of the total posts of Adhyaksha of Zila Parishad
(including posts reserved for women belonging to the Scheduled Castes,
the Scheduled
Tribes and the Other Backward Classes) shall be reserved for women candidates and such
posts shall be allotted by rotation
by the State Election Commission in the prescribed
manner in the light of the total number of posts of Adhyaksha of Zila Parishad
in the
State.
(v) Posts of Upadhyaksha of Zila Parishad shall be kept unreserved or shall be dealt
with in accordance with the provisions
made by the State Government." ' ;
(b) in Part (B), for the word "one-third", the words "fifty per cent." shall be substituted.
7.
Amendment of section 66. - In section 66 of the principal Act, after sub-section (4), the following sub-
section shall be inserted,
namely:--
"(5) The State Election Commission shall have discretion to initiate suitable action on
examination of report submitted by Observer or on receipt
of allegations of irregularities in
Panchayat elections and such action may include countermanding of election, stay on election
and
stay on counting of votes.".
8. Amendment of section 67. - In section 67 of the principal Act, in sub-section (3), after clause
(ii), the
following clause shall be inserted, namely:--
"(iia) For free and fair conduct of Panchayat elections, the State Election
Commission, in
consultation with the State Government, shall appoint General and Expenditure Observer, who shall
supervise the entire
election process and shall submit their report to the State Election Commission.".
9. Insertion of new section 68A. - After section
68 of the principal Act, the following section shall be
inserted, namely:--
"68A. Special provision relating to interpretations.
- In case any doubt arises or inadequacy is felt in
giving effect to any provision of this Act in respect of preparation of electoral
rolls or conduct of
elections, the provisions of the Representation of the People Act, 1950 or the Representation of the
People Act,
1951 and the rules made thereunder, as the case may be, shall mutatis mutandis apply.".
10. Repeal and saving. - (1) The Jharkhand
Panchayat Raj (Amendment) Ordinance, 2010, is hereby
repealed.
(2) Notwithstanding the repeal of the Jharkhand Panchayat Raj (Amendment)
Ordinance, 2010,
anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be
deemed to
have been done or taken under the principal Act, as amended by this Act.
V. K. BHASIN,
Secy. to the Govt. of India.