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Sikkim act 005 of 1983 : Sikkim Panchayat (Amendment) Act, 1983

Preamble

[Sikkim Act No. 5 of 1983][31st March, 1983]

An Act to amend the Sikkim Panchayat Act, 1982.

Be it enacted by the Legislature of Sikkim in the Thirty-fourth Year of the Republic of India as follows:

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Sikkim Panchayat (Amend ment) Act, 1983.

(2) It shall be deemed to have come into force on the 18th day of December, 1982.

Section 2. Amendment of section 6

2. Amendment of section 6.- In the Sikkim Panchayat Act, 1982 (hereinafter referred to as the principal Act), section 6, clause (3) shall be omitted.

Section 3. Insertion of new sections 101A and 101B

3. Insertion of new sections 101A and 101B.- In the principal Act, after section 101, the following sections shall be inserted, namely:-

"101A. "Electoral Offences".- Any act of commission or omission which is an electoral offence in relation to elections to the Legislative Assembly of Sikkim under Chapter VII of the Representation of Peoples Act, 1951 (43 of 1951) or under any law for the time being in force shall be deemed to be an electoral offence in relation to the elections to the Gram Panchayats under this Act.

101B. Requisition of premises, vehicles etc., for election purpose.- The State Government shall have the same powers in the matter of requisition of premises, vehicles and animals for the purpose of the conduct of elections to the Gram Panchayats as in the case of elections to the Sikkim Legislative Assembly."

Section 4. Amendment of section 115

4. Amendment of section 115.- In the principal Act, in section 115 after sub-section (3), the following sub-section shall be inserted, namely:

"(4) Any person who contravenes the provisions of this Act or rules made thereunder for which no penalty is provided for under this Act shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees, or with both."

Section 5. Ordinance 3 of 1982

5. Ordinance 3 of 1982.- (1) the Sikkim Panchayat (Amendment) Ordinance, 1982 is hereby repealed.

(2) Repeal and saving.- Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed, shall be deemed to have been done or taken under the corresponding provisions of this Act.