Gujarat Panchayats (Amendment) Act, 1987*
| [Gujarat Act No. 1 of 1987] | [11th February, 1987] |
An Act further to amend the Gujarat Panchayats Act, 1961.
It is hereby enacted in the Thirty-eighth Year of the Republic of India as follows:-
* (Received the assent of the Governor on 11th February, 1987 and published in the "Gujarat Government Gazette" on the 13th February, 1987)
1. Short title and commencement.- (1) This Act may be called the Gujarat Panchayats (Amendment) Act, 1987.
(2) It shall be deemed to have come into force on the 26th September, 1986.
2. Amendment of section 14 of Guj. VI of 1962.- In the Gujarat Panchayats Act, 1961 (Guj. VI of 1962) (hereinafter refereed to as "the principal Act"), in section 14, in sub-section (4), for the third proviso, the following proviso shall be substituted, namely:-
"Provided further that-
(i) the seats reserved for the Scheduled Castes and the Scheduled Tribes may be allotted to different constituencies in a taluka in ‘the manner specified in Part I of Schedule IA, and
(ii) the seats reserved for women may be allotted by rotation to different constituencies in a taluka in the manner specified in Part II in the said Schedule.".
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 proviso shall be substituted, namely:-
"Provided further that-
(i) the seats reserved for the Scheduled Castes and the Scheduled Tribes may be allotted to different constituencies in a district in the manner specified in Part I of Schedule IA, and
(ii) the seats reserved for women may be allotted by rotation to different constituencies in a district in the manner specified in Part II in the said Schedule.".
4. Substitution of new schedule I-A in Guj. VI of 1962.- In the principal Act, for Schedule I-A, the following shall be substituted, namely:-
"SCHEDULE IA.
(See sections 14 and 15)
PART I
For the purposes of the constitution or reconstitution of a taluka panchayat or district panchayat the manner of allotment of seats reserved for the Scheduled Castes and the Scheduled Tribes amongst different constituencies shall be as under:-
1. A taluka, or as the case may be, district shall be divided into as many single member territorial constituencies as there are total seat to be filed and each constituency shall be named after given it the name of a town or village having the largest population therein:
Provided, that if the area of such town foils 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.
3. 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 numbers according to the percentage of the population of the Scheduled Castes in each constituency starting with the highest percentage and the seats reserved for the Scheduled Castes in accordance with provisions of sub-section (4) of section 14, or, as the case may be, sub-section (4) of section 15 shall, subject to paragraph 2 of Part II, be allotted serially to the special numbers, given to the constituencies.
4. 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 numbers according to the percentage of the population of the Scheduled Tribes in each constituency starting with the highest percentage and the seats reserved for the Scheduled Tribes in accordance with provisions of sub-section (4) of section 14, or, as the case may be, sub-section (4) of section 15 shall, subject to paragraph 2 of Part II, be allotted serially to the special numbers given to the constituencies.
PART II
For the purposes of constitution of a Taluka panchayat or district panchayat the manner of allotment of seats reserved for women by rotation amongst different constituencies be as under, namely:-
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.
2. If there are any seats allocable to the women belonging to the Scheduled Castes, or, as the case may be, Scheduled Tribes, then such seats shall be allotted by rotation serially to the constituencies to which seats reserved for the Scheduled Castes or, as the case may be, Scheduled Tribes are allotted, under paragraphs 3 and 4 of Part I of this Schedule.
3. The seats allocable to the women not belonging to the Scheduled Castes or Scheduled Tribes shall be allotted by rotation serially to the constituencies arranged under paragraphs 2 of Part I excluding therefrom the constituencies corresponding to those to which the reserved sears for Scheduled Castes and Scheduled Tribes are allotted, under paragraphs 3 and 4 of Part I and paragraph 2 of this Part.
PART III
The following provisions shall apply in relation to allotment of seats under provisions of Parts I and II:
1. Where the limits of any territorial constituency of a taluka or district are altered under section 20 for reasons amongst others of the change of the limits of a taluka or, as the case may be, a district or change of population therein and the territorial constituency the limits of which, are altered is in the opinion of the State Government substantially the same as the territorial constituency existing before its limits are altered, then for the purposes of the first general election held after the limits of the territorial constituency are so altered, the said territorial constituency shall be ignored for allocation of seats for women by rotation under paragraph 3 of Part II of this Schedule if in the previous general election any seats for women are allotted to it under the said paragraph.
2. In case where a seat for the Scheduled Castes and also for the Scheduled Tribes becomes allocable to the same constituency, such constituency shall have a reserved seat for the Scheduled Castes and the seat for the Scheduled Tribes shall be shifted to the constituency which may be next in the serial order where a seat for the Scheduled Tribes would otherwise have to be reserved.
3. Fractions of a seat of one-half and above shall be counted as one and fraction below one-half shall be ignored.
4. 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 by the State Government to decide the same and its or his decision shall be final.".
5. Repeal and saving.- (1) The Gujarat Panchayats (Amendment) Ordinance, 1986 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.