Gujarat act 004 of 1981 : Gujarat Panchayats (Amendment and Validation) Act, 1981

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Gujarat Panchayats (Amendment and Validation) Act, 1981.

(2) This section and section 6 shall be deemed to have come into force on the 3rd January, 1981; sections 2, 3 and 5 shall be deemed to have come into force on the 27th February, 1974 and section 4 shall be deemed to have come into force on the 21st January, 1980.

Section 2. Amendment of section 14 of Guj. VI of 1962

2. Amendment of section 14 of Guj. VI of 1962.- In the Gujarat Panchayats Act, 1961 (Guj. VI of 1962) (hereinafter referred to as "the principal Act"), in Section 14, in sub-section (4), for the third provison the following proviso shall be Substituted, namely:-

"Provided further that the reserved seats may be allotted by rotation to different constitutions is a taluka in the manner specified in Schedule IA."

Section 3. Amendment of section 15 of Guj. VI of 1962

3. Amendment of section 15 of Guj. VI of 1962.- In the principal Act in section 15, in sub-section (4), for the third proviso the following ??? shall be substituted, namely:-

"Provided further ??? the reserved seats may be allotted by rotation to different constituencies in a district in the manner specified in Schedule IA."

Section 4. Amendment of section 23 of Guj. VI of 1962

4. Amendment of section 23 of Guj. VI of 1962.- In the principal Act, in section 23, in sub-section (1), in clause (f), after the words "Education Committee" the words "or of a Social Justice Committee" shall be inserted.

Section 5. Insertion of new section 1-A in Guj. VI of 1962

5. Insertion of new section 1-A in Guj. VI of 1962.- In the principal Act, before Schedule I, the following shall be inserted, namely:-

"SCHEDULE IA.

(See section 14 and 15)

For the purposes of the constitution or reconstitution of any taluka panchayai or district panchayat the manner of allotment of reserved seats by rotation amongst different constituencies shall be as under, namely:-

1. A taluk, or, a case may be, district shall be divided into as many single member territorial constituencies as there are total seats to be filled and each constituency shall be named after giving it the name of a town or village having the largest population therein:

Provided that if the area of such town falls in more than one constituency, the constituencies covered by the area of such town shall be distinguished by adding to their names arithmetical figures. For example if "X" is a town having the largest population and its area extends to more than one constituency, such constituencies shall be distinguished by giving them names as X-1 and X-2 and so on.

2. The names of the constituencies shall be arranged in the English alphabetical order and shall be serially numbered. The serial numbers so given to the constituencies shall not be changed notwithstanding any change in the name of any constituency.

3. For the purpose of allotment of seats reserved for the Scheduled Castes in a taluka or as the case may be, district, the rotation shall be as under:-

(1) The constituencies in a taluka or as the case may be, district named and numbered ??? provided in paragraphs 1 and 2 shall be given special serial numbers for this purpose according to the percentage of the population of the Scheduled Castes in each such constituency starting with the highest percentage; and

(2) subject to the provisions of sub-paragraphs (2) and (3) of paragraph 6 the rotation of seats in the constituencies shall take place serially according to the serial numbers of the constituencies given under sub-paragraph (1).

4. For the purpose of allotment of seats reserved for the Scheduled Tribes in a taluka or; as the case may be, district, wherein the total population of the Scheduled Tribes is less than 15 per cent of the total population of such taluka or, as the case may be, district, the rotation ??? shall be as under, namely:-

(1) The constituencies in a taluka or, as the case may be, district, named and numbered as provided in paragraphs 1 and 2 shall be given special serial numbers for this purpose according to the ??? of the population of the Schedules Tribes in each such constituency, starting with the highest percentage; and

(2) subject to the provisions of sub-paragvaphs (2) and (3) of paragraph 6, the rotation of seats amongst the constituencies shall take place serially according to the serial numbers of the constituencies specified under sub-paragraph (1).

5. In a taluka, or as the case may be, district, wherein the population of the Scheduled Tribes is 15 per cent or more of the total population of the taluka, or as the case may be, district, the reserved seats for the Scheduled Tribes shall not be rotated between different constituencies of such taluka, or as the case may be, district, but shall be allotted to different constituencies as under, namely:-

(1) The constituencies in a taluka or, as the case may be, district, named and numbered as provided in paragraphs 1 and 2 shall be given special serial numbers for this purpose according to the percentage of the population of the Scheduled Tribes in each such constituency, starting with the highest percentage; and

(2) subject to the provisions, of sub-paragraphs (2) and (3) of paragraph 6, the allotment of seats in accordance with the provisions of sub-section (4) of section 14, or, as the case may be, sub-section (4) of section 15 amongst the constituencies shall take place serially according to serial numbers of the constituencies specified under, sub-paragraph (1).

6. For the purpose of allotment of seats reserved for women in a taluka or, as the case may be, district, the rotation shall be as under:-

(1) The reserved seats for women shall first be distributed according to the allocation made under sub-section (4) of section 14, or, as the case may be, sub-section (4) of section 15 to the women belonging to the Scheduled Castes, the Scheduled Tribes and to the women not belonging to the Scheduled Castes and the Scheduled Tribes:

Provided, that for purposes of making such distribution, fractions of a seat of one half and above shall be counted as one and fraction below one half shall be ignored.

(2)(a) If the seat allocable to the women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes is only one, then, such seat shall be allotted by rotation in the first general elections held after the 27th February, 1974 to the constituency which may be first in the serial order to which seat or seats are allocable under the provisions of paragraphs 3, 4, or, as the case may be 5 and in the second and subsequent general elections to the constituency which may be second, third and so on in the said serial order;

(b) if the seats allocable to the women belonging to the Scheduled Castes or the Scheduled Tribes are more than one then, such seats shall be allotted by rotation to the constituency or constituencies referred to in paragraph 3, 4 or, as the case may be, paragraph 5 in the same manner as specified in clause (b) of sub-paragraph (3).

(3) The rotation of seat or seats allocable to women not belonging to the Scheduled Castes and the Scheduled Tribes shall be as under:-

(a) If the seat allocable to the women not belonging to the Scheduled Castes or Scheduled Tribes is only one, then, such seat shall be allotted by rotation in the first general elections held after the 27th February, 1974, to the constituency which may be first in the serial order as per serial numbers given under paragraph 2 and in the second and subsequent general elections to the constituency which may be second, third and so of in the said serial order.

(b) If the seats so allocable under section 14 or, as the case may be are more than one, such seats shall be allotted to women not belonging to the Scheduled Castes or the Scheduled Tribes by rotation in the following manner, namely:-

(i) In the first general election held after the 27th February, 1974, one seat shall be allotted to the constituency bearing serial number one given under paragraph 2 and the second seat shall be allotted to the constituency bearing such serial number as is arrived at by adding the quotient to the such serial number one and the third seat shall be allotted to the constituency bearing such serial number as is arrived at by adding the quotient to the serial number of the constituency to which the second seat is allotted and so on.

(ii) In the second and subsequent general elections, the seats shall be allotted by rotation, in the manner specified in sub-clause (i) commencing from such serial number as is arrived at by adding the quotient to the last serial number arrived at in the preceding general election:

Provided that-

(a) where the serial number arrived at by adding the quotient is greater than the total number of such constituencies in the taluka or the district, such latter number shall be deducted from the former number and the rotation shall be commenced or, as the case may be, continued from the number arrived at by such deduction,

(b) where in any case there is a fraction in the quotient such traction shall be disregarded.

Explanation.-For the purpose of this clause the expression "quotient" means the quotient arrived at by dividing the total number of seats allotted or capable of being allotted to members not belonging to the Scheduled Castes or the Scheduled Tribes in accordance with the provisions of section 14 or, as the cast may be, section 15 by the number of reserved seats for women allocable to women not belonging to the Scheduled Castes or the Scheduled Tribes.

ILLUSTRATIONS.

I. If total number of seats of elected members as specified under section 14, is fifteen and if out of the number of seats so specified one seat is reserved for members belonging to the Scheduled Castes and no seat is reserved for members belonging to the Scheduled Tribes and the remaining fourteen seats are capable of being allotted to members not belonging to the Scheduled Castes and the two reserved seats for women capable of being allotted to members not belonging to the Scheduled Castes, then, during the first general election such reserved seats for women so allocable shall be allotted to constituencies bearing serial numbers one and eight as under:-

14÷2=7; 1; 1+7=8.

For the second general election reserved seats for women so allocable shall be allotted by rotation to constituencies numbers fifteen and seven as under,-

8+7=15; 15+7-22:

23-15=7; i.e. Nos. 15 & 7.

II. If total number of seats of elected members as specified under section 15 is thirty nine and if out of number of seats so specified two seats are reserved for members belonging to the Scheduled Castes, eight seats are reserved for members belonging to the Scheduled Tribes and remaining twenty-nine seats are capable of being allotted to members not belonging to the Scheduled Castes and the Scheduled Tribes and out of total number of four seats to be reserved for women, three reserved seats for women are capable of being allotted to members not belonging to the Scheduled Castes or the Scheduled Tribes, then, such reserved seats for women so allocable shall be allotted to constituencies numbers one, ten and nineteen as under,-

29÷3=9.66, i.e. 9, (fraction of the quotient to be ignored).

1; 1+9=10; 10+9=19.

7. In case where a seat for Scheduled Castes and also for Scheduled Ttibes becomes allocable to the same constituency such constituency shall have a reserved seat for Scheduled Castes and the seat for Scheduled Tribes shall be shifted to the constituency, which may be next in the serial order where a seat for Scheduled Tribes would otherwise have to be reserved.

8. If any question arises as to the constituency to which any seat reserved for women, Scheduled Castes or Scheduled Tribes should be or is capable of being allotted under this Schedule, it shall be competent for the State Government or the Development Commissioner authorised in this behalf to decide the same and its or his decision shall be final.".

Section 6. Validation of certain notifications

6. Validation of certain notifications.- Notwithstanding anything contained in any judgment, decree or order (whether interim or otherwise) of any Court, every notification allocating reserved seats for women, the Scheduled Castes and the Scheduled Tribes and general seats, to the constituencies of talukas and districts in the State issued under sub-sections (3) and (4) of section 14 of the principal Act and sub-sections (3) and (4) of section 15 of that Act before the commencement of this section by the Development Commissioner in exercise of the powers of the State Government under the aforesaid provision, delegated to him shall be deemed to have been validly issued in accordance with law, as if, the principal Act had been in force as amended by this Act at all material times when such notification was issued.

Section 7. Repeal and saving

7. Repeal and saving.- (1) The Gujarat Panchayats (Amendment and Validation) Ordinance, 1981 (Guj. Ord. No. 1 of 1981) is hereby repealed.

(2) Notwithstanding such repeal, 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.