PUNJAB GOVT GAZ. (EXTRA.), MAY 21, 201211
(VYSK 31, 1934 SAKA)
PART-I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
Notification
The 21st May, 2012
No. 7-Leg./2012.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 16th May, 2012, is hereby published for general information:
THE PUNJAB PANCHAYATI RAJ (AMENDMENT) ACT, 2012
(Punjab Act No. 4 of 2012)
AN
ACT
further to amend the Punjab Panchayati Raj Act,
1994.
BE it enacted by the Legislature of the State of Punjab in the Sixty-Third Year of the Republic of India, as follows:
1. () This Act may be called the Punjab Panchayati Raj (Amendment) Short titleand
Act, 2012.
(2) It shall come into force on and with effect from the dateof its
publication in the Official Gazette. namely
section 2 of
2. In the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as the Amendmentof principalAct), in section 2, for clause (zt), the following clause shall be substituted, Puniab Act g of 1994.
namely :
"(zt) "Sarpanch" meansa Sarpanch of a Gram Panchayat elected
under section 10 of this Act:".
commencement.
3. In the principal Act,in section 3, in sub-section (1),
(b) after the first proviso, the following proviso shall be inserted, Amendment of
section 3 of the
(a) for the words *two hundred", wherever occurring, the words unab Act y
*three hundred" shall be substituted ; and
of 1994.
"Provided further that a Gram Sabha constituted priorto the commencement ofthe Punjab Panchayati Raj (Amendment)
Act, 2012, with a population of less than three hundred shall not
be affected.".
PUNJAB GOVT GAZ. (EXTRA.), MAY 21, 2012 11
(VYSK 31, 1934 SAKA
PART-I
DEPARTMENT OF LEGAL AND LEGISLATIVE A FA RS PUNJAB
Notification
The 21st May, 2012
No. 7-Leg./2012.—The following Act of the Leg slature of the State of Punjab Teceived the assent of the Governor of Punjab on the 16th M y, 2012, is hereby published for general information :—
THE PUNJAB PANCHAYAT! RAJ (AMEN T) AC 2012
(Pun ab A No. 4 of 201
AN
ACT
further to amend the Punjab Panchayati Raj Act, 19 BE it enacted by the Legislature of the S o P in the Sixty- Third Year of the Republic of India, as follows —
1. (1) ThisAct may be called the j nchayati a (Amendmen
t) Short title and Act, 2012.
commencement
(2) It shall come into it t f om the date of its publication in the Official Gazette.
2. In the Punjab anchayati aj ct, 4 (hereinafter eferred to as the Am endment of
principal Act), in section 2, for clause (zt), the l ing l use hal e ubstituted, Ben xq
namely :—
of 1994.
"(zt) "Sarpanch" means a Sarpanch of a r Panchaya t elected
under section 10 of this Act".
3. In the principal Act, in section 3, in sub-section (1), — Amendment of
section 3 of the
(a) for the words "two hundred", wherever occurr ing, the words Puts a 9
"three hundred" shall be substituted ; and
(b) after the first proviso, the fol wing p roviso shall be inserted,
namely :—
"Provided further that a Gram Sabha cons tituted prior to
the com encem nt of the Punjab Panchay ti Raj (Amendment)
Act, 2012, witha population of less th an three hundred shall not
be affected."
1
(VYSK 31, 1934 SAKA)
4. In the principal Act, in section 10, for sub-section (), the following Amendment of sub-sections shall be substituted, namely :
") Every Gram Sabha shall elect from amongst its members a Gram of 1994. Panchayat for the Gram Sabha area bearing the name of its Gram Sabha.
(1-4) A Gram Panchayat shall consist of a Sarpanch and such number of Panches as are indicated against each slab of population under sub-section (1-C).
(1-B) For the election of a Sarpanch, the Gram Sabha shall be a single member constituency.
(1-C) For the election of Panches, the Gram Sabha area shall be divided into such number of wards co-relating with the number of Panches, as are indicated below against each slab of population taking Gram Sabha area to be multi-members constituencies and such wards shall be geographically contiguous having same population, as far as possible, throughout the Gram Sabha arca :
Serial
Number
(1)
(2)
(3)
(4)
(5)
Population *10-A.
For population 300 up to 1,000 For population 100l up to 2,000 of wards.
For population 2001 up to 5,000
12
For population 500 l up to 10,000 For population exceeding 10001 Number of
Panches
Five
Seven
Nine
Eleven
Thirteen
Provided that for election of Panches in respect of a Gram Panchayat of a Gram Sabha area constituted prior to the commencement ofthe Punjab Panchayati Raj (Amendment)Act, 2012, with a population of less than three hundred, the number of Panches as determined prior to the commencement of the said Act shall remain the same and such Gram Sabha area shall
be divided into wards as per such number of Panches for the
purposes of election to be a multi-members
constituencies.
section 10 of
Punjab Act 9
5. In the principal Act, after section 10, the following section shall Insertion of be inserted, namely -
() The Deputy Commissioner, by
notification published Punjab Act 9 Formulation in the Official Gazette, shall propose the formulation of
wards of the Gram Sabha area tobe
multi-members
constituencies as provided under sub-section (1-C) of section 10
and shall earmark each ward by assigning a separate serial number.
new section
10-A in
of 1994.
Z. E TRA.),
VY )
4. In the principal Act, in section 10, for - cti n 7), h o low sub-sections shall be substituted, el —
"(1)
1
(1-B) (1-C) Every Gram Sabha shall elect from amongst its me bers m Panchayat fo h m h m its
am
m hayat ll nsist o a such number
es n i st a pulati
- cti n I ).
For the election of a Sarpanch, the Gram Sabha shall be sin l e ber consti ncy.
For the election Panches, the area shall be divided into such ber of wards co-relating with the ber of Panches, as are indicated below against each slab of population taking Gram o ult -m bers st u i ar
shall be geographically contiguous having same population, as far as possible, throughout the Gram Sabha area :—- Serial Population be
be s
(1) For population 300 up to 1,000
(2) pulati n 0 1 o 0 n
3) pulati n 2001 o 0 i
(4) pulati n 01 o pulati n di g hir :
r vi ed t r ection of Panches in respect of a chayat nstit t d r r
mencement h unj anchayati aj A ndment) ct, 12, ith a pulati n ndred, ber
ches i ed r r mencement
ct all ai m r al
ards r ber ches
r oses election ult members constituencies.
5. ri cipal ct, ft r t , o i g t al
be inserted, namely :—
(1) e eputy om issioner, notifi at ion publi ed iy
ormulation f icial azette, shall os e ulation
ar m mult
i-m be
nstit encies i ed der b-section ) t n
and shall mark ch ar y ing arate s erial mber.
" . ards. Amendment of section 10 of j A
of 1994.
Insertion of ion
Punjab Act 9
2
(VYSK31, 1934 SAKA)
(2) The list of proposed wards shall be affixed on the Notice Board of the offices of the Block Development and Panchayat Officer, the District Development and Panchayat Officer and the Gram Panchayat concerned. In case of any objections or suggestions, a person registered as voter of the Gram Sabha area may submit the same, in writing, to the office of the Deputy Commissioner concerned within a period of seven days of displaying the list of the proposed wards. On receipt of the objections or suggestions, if any, the Deputy Commissioner shall hold summary enquiry and shall record his decision thereon within a period of thirty days from the date of receipt of objections and suggestions and the decision of the Deputy Commissioner thereupon shall be final.
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(3) The Deputy Commissioner shall, within a period of ninety days from the date of his decision under sub-section (2), get published the final list of wards in the Official Gazette.".
6. In the principal Act, in section 11, after sub-section (4), the Amendment of following sub-section shall be added, namely : section 1l of Punjab Act 9
of 1994. "(5) The Deputy Commissioner shall reserve the offices of Panches under this section for various categories by notification published in the Official Gazette and such offices shall be allotted by rotation in the different wards formulated under sub-section (-) of section 10 at the time of every general election and such rotation shall be made as per the roster maintained in the office of the Deputy Commissioner."
7. In the principal Act, in section 13,-
(i) in sub-section (), for the words *Every election of a Panch", the words The election of a Sarpanch and Panches" shall be substituted; and
(i) after sub-section (3), the following sub-section shall be inserted, namely -
"4) The election of all excluding those persons whose elcction is deemed invalid under sub-section (2) shall again be notified by the State Government in the Official Gazette."
8. In the principal Act, section 13-A shall be omitted. Amendment of
"Explanation.-After the Sarpanch and the Panches have taken oath as provided under section 13, a meeting of the Gram Panchayat section 13 of
Punjab Act 9
of 1994.
Omission of
section 13-A of
Punjab Act 9
of 1994.
9. In the principal Act, in section 15, for Explanation tosub- Amendment of
section (7), the following Explanation shall be substituted, namety :
Section 15 of
Punjab Act 9
of 1994
rp
PUNJAB GOVT GAZ. (EXTRA.), MAY 21, 2012 13
(VYSK 31, 1934 SAKA)
(2) The list of proposed wards shall be affixed on the Notice Board of the offices of the Block Development and Panchayat Officer, the Di : . Dev lopment and Panchayat Officer and the Gram Panchayat Am case of any objections or sug estions, a person registered as voter of the Gr . Sabha area may submit the same, in writing, to the office of the De "
Com issioner concerned within a period of seven days of displaying the oh b the proposed wards. On receipt of t e objections or suggestions, if any, the Deputy Com issioner shall hold summary enquiry and shall record his ion thereon within a period of thirty days f t e date of receipt of dbieetions and
4. je and t e decision of t e Deputy Commissioner thereupon shall be inal.
3) The Deputy om issioner shall, within a period of ninety days from the date of his decisi n nder sub-section (2), get published the final list of wards in the Official Gazette.".
6. I ri ci al ct, ct 1, ft r b-secti n (4), mendment of following sub-section al ded, ely —- ct n 11 Punjab Act 9
"(5) he eputy om issioner shall reserve the offices of °f 1994 ches der t ar s categories by notification
bli d f icial azet e f s al
t in the different wards formulated under sub-section (7-C) of h im every general election and such rotation shall a h roster maintained in the office of the Deputy Commissioner."
7 n h i al ct, in section 13,—-
Amendment of
section 13 of
( in ct (1), fo the w rds "Every election of a Panch"
, Punjab Act 9
the words "The election of a S p and P " al be of 1994. su sti d; an
(ii) after sub-section (3), the fo low n su o shall be inserted,
nam .—
"(4) T elec io of all excluding those per sons whose election
is d em inva id und sub o (2) shall again be notified
b the State G n in the O G
et "
Omission of
section 13-A of
Punjab Act 9
of 1994.
in i i 5 for
Ex lanation to sub- Amendment of
9. In the al A , n section 1 , p A
section (1), the following Explanation shall be substituted, namely ~~ Punjab Act 9
__ fter the Sarpanch and the Panc
hes have taken °f 1994
3 a m ing of the Gram Panc
3
(VYSK 31, 1934 SAKA)
14
shallbe held at the carliest and such meeting shall be deemed to be the first meeting of the Gram Panchayat for the purpose of this sub-section.".
10. In the principal Act, in section 22, in sub-section (1), for the proviso Amendment of thereto, the following proviso shall be substituted, namely :
"Provided that the vacancy so occurs shall be filled up out of the persons belonging to the category to which the vacancy relates.".
SURINDER GUPTA,
Secretary to Government of Punjab, Department of Legal and Legislative A ffairs. section 22 of
Punjab Act 9
of 1994
PUNJAB GOVT GAZ. (EXTRA.), MAY 21, 2012 14
( YSK 31, 1934 SAKA)
shall be held at the earliest and such meeting shall be deemed to be the first meeting of the Gra Panchayat for the purpose of this sub-secti ."
10. In the principal Act, in section 22, in sub-section (I), for the proviso Amendment of { 0, the fol owin roviso sh
i — section
22 of
2 theret e g proviso shall be substituted, na
mely : 21 9
"Provided that the vacancy so occurs shall be filled up out of °F %%% the persons belonging to the category to which the vacancy relates."
RI ER GUPTA,
Secretary to Government of Punjab, epartment f egal Legislative Affairs.
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