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THE ARUNACHAL PRADESH PANCHAYAT RAJ (AMENDMENT) ACT, 2002. (Act No. 6 of 2002)
THE ARUNACHAL PRADESH PANCHAYAT RAJ (AMENDMENT) ACT, 2002. (Act No. 6 of 2002)
further to amend the Arunachal Pradesh Panchayat Raj Act, 1997 (Act No. 5 of 2001).
WHEREAS it was expedient to amend the Arunachal Pradesh Panchayat Raj Act, 1997 (Act No. 5 of 2001);
AND WHEREAS it was considered necessary to immediately amend the Arunachal Pradesh Panchayat Raj Act, 1997 ;
AND WHEREAS the Arunachal Pradesh Legislative Assembly is not in session ;
AND WHEREAS the Governor of Arunachal Pradesh was satisfied that circumstances existed which rendered it necessary for him to make immediate action to amend the aforesaid Act, therefore, promulgated the Arunachal Pradesh Panchayat Raj (Amendment) Ordinance, 2002 on 25th June, 2002.
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature ; it is hereby enacted in the Fifty-third year of the Republic of India as follows :-
Short title and commencement.
1. (i) This Act may be called the Arunachal Pradesh Panchayat Raj (Amendment) Act, 2002.
(ii) It shall be deemed to have come into force on 25th June, 2002.
Amedment of Section-10
2 .(i) In Section-10 of the Arunachal Pradesh
Panchayat Raj Act, 1997 (hereinafter referred to as the Principal Act), for Sub-section (1) of Section-10, the following Sub-section shall be substituted namely:
"(a) The Gram Panchayat shall consist of such number of Members of the Gram Sabha or the Gram Sabhas as may be notified from time to time by the Deputy Commissioner, at the rate of one member for every hundred populations:
Provided that in case the population of a village is less than one hundred and more than fifty than one member can be elected to represent that particular village :
Provided that in case the population is more than one hundred fifty but less than three hundred in a particular village or the group of villages, the number may be increased to two members".
(a)In Sub-section (2) of Section-10 the words “on non party basis" shall be omitted.
Amendment of Section-56
3. (i) For clause (a) of Section-56 of the Principal Act, the following clause shall be substituted, namely;
“(a) one member directly elected from each Gram Panchayat territorial constituency in the manner prescribed".
(ii)The second proviso under clause (f) shall be omitted.
(iii) After clause (h), the following new clause shall be added, namely :
“(i) All members of the Anchal Samiti, whether or not elected directly, shall have the right to vote in the meeting of Anchal Samiti except for election and removal of Chairperson of Anchal Samiti, for which purpose only directly elected members may vote".
Amendment of Section-63.
4. (i) For Sub-section (1) of Section-63 of the Principal Act, the following Sub-section shall be substituted, namely:
“(1) A motion of no confidence may be moved by one-third of the total number of directly elected members of a Gram Panchayat or an Anchal Samiti or a Zilla Parishad against its Chairperson after giving at least seven days notice in writing to the Member Secretary or any other prescribed authority of Gram Panchayat or Anchal Samiti or Zilla Parishad of their intention to move such a motion".
(ii) For Sub-section (2) the following Sub-section shall be substituted, namely :
“(2) If the motion is carried by a majority of not less than two-third of the total number of directly elected members of the Gram Panchayat or an Anchal Samiti or a Zilla Parishad, present and voting, the Chairperson shall cease to hold office".
Amendment of Section-85
5. (i) For clause (1) of Sub-section (2) of Section- 85 of the Principal Act, the following clause shall be substituted, namely :
“(i) One member directly elected from each Anchal Samiti territorial constituency in the manner prescribed".
(ii)For Sub-section (3) of Section-85 of the Principal Act, the following Sub-section shall be substituted, namely :
“(3) All members of the Zilla Parishads. whether or not elected by direct election, shall have right to vote in the meeting of the Zilla Parishad except for election and removal of Chairperson of Zilla Parishad, for which purpose only directly elected members may vote".
Repeal and Saving.
6. (i) The Arunachal Pradesh Panchayat Raj (Amendment) Ordinance, 2002 is hereby repealed,
(ii) 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.
