REGISTERED NO. DL-33004/94 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 36] NEW DELHI, SATURDAY, APRIL 23, 1994/ VAISAKHA 3, 1916 Separate paging is given to this Part in order that ft may be filed as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 23rd April, 1994/Vaisakha 3, 1916 (Saka) THE DADRA AND NAGAR HAVELI VILLAGE PANCHA- YATS (AMENDMENT) REGULATION, 1994 No. 2 OF 1994 Promulgated by the President in the Forty-fifth Year of the Republic of India.
A Regulation further to amend the Dadra and Nagar Haveli Village Panchayats Regulation, 1965.
In exercise of the powers conferred by article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by him:—
1. (7) This Regulation may be called the Dadra and Nagar Haveli Village Panchayats (Amendment) Regulation, 1994.
(2) It extends to the whole of the Union territory of Dadra and Nagar Haveli.
(3) It shall come into force at once.
Short title and
2. In section 1 of the Dadra and Nagar Haveli Village Panchayats Regulation, 1965 (hereinafter referred to as the principal Regulation), in sub-section (1), the word "Village" shall be omitted.
Amendment of section 1.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amend, ment of section
2.
3. In section 2 of the principal Regulation,—
(i) after clause (b), the following clauses shall be inserted, namely: — " (ha) "Election Commission" means the Election Commission referred to in section 8;
(bb) "finance Commission" means the Finance Commission referred to in section 46A;
(u) clause (e) shall be omitted;
(Hi) for clause (f), the following clause shall be substimted, namely: — '(f) "Panchayat" means a village Panchayat or the disirict F.mchayat, as the case may be, established under the provisions of this Regulation;';
(iv) afler clause (f), the following clauses shall be inserted, namely: — '(fa) "Panchayat area" means the territorial area of a Panchayat;
(fb) "population" means ihe population as ascertained at ihe last preceding census of which the relevant figures have been published;'; '
(v) after clause (g), the following clause shall be inserted, namely:— '(ga) "Fresident-cuni-Chief Counsellor" and Vice-Presidentcum-Counsellor" means the President-cum-Chkf Counsellor and the Vice-Presidenl-cum-Counsellor, as the case may be, of the district Panchayat;';
(vi) clause '(m) shall be omitted.
Insertion of new section
3A.
4. After section 3 of the principal Regulation, the following section shall be inserted, namely: — Establishment of District PflDChayat.
"3A- There shall be a district Panchayat for the whole of the Union territory from such date as the Administrator may, by notification appoint.".
Substitution of section
7.
Composition of Panchayat»f
5. For section 7 of the principal Regulation the following section shall be substituted, nam«ly: — "7 (1) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in ihe Panchayat area and for this pmpose, each Panchayat area shall be divided by ihe Election Commission into territorial constituencies, in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, as far as practicable, be the same throughout the Panchayat area.
SEC. U THE GAZETTE OF INDIA EXTRAORDINARY 3
(2) The toial number of seals in a Panchayat. shall be determined by order to be published in the Official Gazette, by the Administrator:
Provided thaL the ratio between the population of the territorial area of a Panchayat and the number of seats an such Panchayat to be filled by election shall, as far as possible, be the same throughout the Union territory.
(3) The district Panchayat shall consist of the following members: —
(0) elected members for the seats referred to in sub-section
(2);
(b) the Chairperson at village level; and
(c) the Member of the House of the People representing the Union territory, who shall have the right to vote in the meetings of the District Panchayat,
(4) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, as the case may be, in every Panchayat. The number of seats so reserved shall bear, as nearly as may be, the same proportion to the loial number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Casies in that PancLayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area. The exact number of such seats reserved for the Scheduled Castes and the Scheduled Tribes, as the case may be, shall be determined by the Administrator by order, to be published in the Official Gazette
(5) Seats shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes, from among the seats reserved for the Scheduled Castes or, ns the case may hi, the Scheduled Tribes. The Administrator may by order, published in the Official Gazette, shall determine the number of such seats which shall not be less than one-third of the total number of seats reserved for the Scheduled Castes or, as the case may be, the Scheduled Tribes,
(6) Seats nhall be reserved for women, the number of such seats being determined by order to be published in the Official Gazette by the Administrator, which shall not be less than ont-ihird (including the number of seats reserved for women belonging to rhe Scheduled Casteg and the Scheduled Tribes) of ihe total number of seats to be filled by direct election in a Panchayat.
(.7) Seats reserved for the Scheduled Castes, the Scheduled Tribes and women under sub-sections (3), (4) and (5) , as the case may be, shall be allotted by rotation to different constituencies in such manner as the Election Commission may, by order to be published in the Official Gazette, direct in this behalf.".
6, For section 3 of the principal Regulation, the following tecuon shall be substituted, namely: — Substitution 0¥ section 8.
4 I HE GA2ET1E OF INDIA EXfRAORDlNAAY [PAAT d— Election Commission.
"8. (1) With effect from such date as the President may, by notification, specily, the Election Commission, constituted under section 185 of the Andaman and Nicobar Islands (Panchayats) Regulation, 1994 shall be the Election Commission for the superintendence, direction and control of the preparation of electoral rolls for, and 'he conduct of all elections to, Lhe Panchayats in the Union territory of Dadra and Nagar Haveli.
(2) The Administrator shall, when so requested by the Election Commission, make available to that Commission such staff which the Administrator considers necessary for discharge of the functions conferred on the Election Commission by subsection (1).".
Amendment of section 12.
7. In section 12 of the principal Regulation,-—
(i) in clause (b), for the words "twenty-five'', the words "twentyone" shall be substituted;
(H) after clause (j), the following clauses bo added, namely: — " (k) is so disqualified by or under any law for the time being in force for the purposes of elections to the House of the People:
Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he hag attained the age of twenty-one years; or (/) is so disqualified by or under any law made by the Parliament,".
Amendment of section 13-
8. in section 13 of the principal Regulation,—
(i) for the words "prescribed authority for decision and its decision" the words "Administrator for decision and his decision" shall be substituted; and
(ii) the following proviso shall be added at the end, namely: — "Provided that before giving any decision on any such question, the Administrator shall obtain the opinion of the Election Commission and shall act according to such opinion.'.
Amendment of section 16-
9. In section 16 of the principal Regulation,—
(i) in the second proviso, for the word "three" the word l'sixM shall be substituted;
(H) the third proviso shall be omitted.
Insertion of new aection
46A.
Prohibition of simultano OlIS member ship
10. After section 16 of lhe principal Regluation, the following new section shall be inserted, namely: — "16A. (!) If a person is elected from more than one constituencies (whether of a Village Panchayat or of the District Panchayat or of both), he shall by notice in writing signed by him and delivered to the Collector, within ten days from the date, or the later of the dates, SEC. 1] THE GAZETTE OP INlHA EXTRAORDINARY 5 on which he is so elected, intimate as to which constituency he wishes to serve, and thereupon, his seat in all other constituencies in which he does not wish to serve shall become vacant.
(2) In default of such intimation within the aforesaid period, all his seats, at the expiration of that period, become vacant.
(3) Any intimation given under sub-section (1) shall be final and n revocable.".
11. In section 17 of the principal Regulation,—
(i) in sub-section (1), for the word "apply" the words "present an election petition" shall be substituted; and (H) in sub-section (2) for the word "application", the worde "election petition" shall be substituted.
Amend, mest »f section 17.
12. In section 20 of the principal Regulation,—
(i) for sub-section (1), the following sub-sections shall be substituted, namely:— "(3) At the first meeting of a Village Panchayat or the district Pancheyat, as the case may be, to be called on a date fixed by the Administrator after each general election,
(a) the members of a village Panchayat shall elect, from amongst themselves, a Sarpanch and an Up-Satpanch;
(b) the members of the district Panchayat (including the Sarpanch of Village Panchayats) shall elect from amongst the directly-elected members of the district Panchayai, a President-cum-Chief-Counsellor.
(1A) The offices of Sarpanch shall be reserved for the Scheduled Castes and the Scheduled Tribes, the number of such offices being determined by the Administrator by order to be published in the Official Gazette, which shall bear, as nearly ns may be, the same proportion to the total number of such offices in the Panchayats as the population of Scheduled Castes in the Union territory or of the Scheduled Tribes in the Union territory, bears to the total population of the Union territory:
Provided that offices of the Sarpanch shall also be reserved for women, the number of such offices being determined by the Administrator by order to be published in the Official Gaeette, which shall not be less than one-third of the total number of offices of Sarpanch in the Union territory:
Provided further that the number of offices of the Sarpanch reserved under this sub-section shall be allotted by rotation to different Panchayats in such manner as may be determined by the Election Commission.
(IB) The office of the President-cum-Chief Counsellor shall be reserved for the Scheduled Tribes:
ment of section 20.
6 I'hi. CiAZE'ITE OF JNDIA EXTRAORDINARY U'AKI' i t -
Provided that the office of the PresidenUcum-Chief Counsellor shall be reserved alternately for a man and woman belonging to the Scheduled Tribes.".
di) in riub-rTiion (f)), far ihe words "such authority as may be specified by norilie.iiion by the Administrator and *he decision of such authority thereon shall be final", the words "the Election Commission and its decision (hereon shall be final" shall be substiluled.
Substitution o'f .se. tion
22.
13. D'or section 22 of the principal Regulation the following section shall be substituted, namely:— Duration of Pan- <.hnyals>.
"22, (1) Evpry Panchayat, unkss sooner dissolved under section 53, yhall continue for five yours from the date appointed for its first meeting1 and no longer;
Provided thai o Panchayat existing immediately before the oommenceineni of ihis Ke^uladon shall continue till the expiration of its duration, unless sooner dissolved under section 53.
(2) An election to constitute a Panchayat shall be completed—
(a) heftJiv 'he expiry of its duration specified in sub-section
(6) before the expiration of a period of six months from ihe date of its dissolution;
Provided that where the remainder of the period for which the dissolved Panchayat wouJd have continued is less than six months, it filial] not be necessary to hold any election under this sub-section for coniitiluring the Panuhayal.
(3) A P.uich.iyat constituted upon the dissolution of a Panehayat before the expiration of its duration shall continue only for the remainder of the peiiod for which tlkj dissolved Panchayat would have continued under sub-section (1) had it not been so dissolved,''.
Amendment j l tfction 24.
14. In section 1M of the principal Regulation, in sub-section (1), for the woi'ds "from the dntp of its receipt by the Sarpanch.", the words from the date it is accepted by the Sarpanch." shall be substituted.
/\ mciximent of section 27-
15. At the end of section 27 of the principal Regulation, the following proviso shall be addjd. narnelr/:̂ — "Provided that, if the vacancy be a casual vacancy in the office of the Sarpanch or the President-cum-Chief Counsellor, as th<- case mav be, and ig rrserved for women or for the Scheduled Castes or rh? Scheduled Tribes, the vacancy shall be filled bv electing one of the members from amongst women or a member of the Scheduled Castes or the Scheduled Tribes, as the case may be.".
tac. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
16. In section 28 of die principal Regulation, for the sub-sedidn (1), die Eollowing shall be substituted, namely:— "(2) The Administrator shall appoint a Secretary for every village Fanchayat and a Chief Executive Officer in relation to a Jis'ricf Panchayat.".
Amendment of set Lion 28.
17. In section 32 of the principal Regulation,—
(i) in sub-section (1) after the words "Second Schedule" the words "and the Third Schedule, as the case may be" shall be inserted;
(H) after sub-section (2) the following sub-sections ohaU be inserted, namely: — "(3) Subject to the provisions of sub-seciion (1) -^ villas-Panchayat and district Panchayat us the case may bo shall have powers and responsibilities with respect to the preparation of plans and implementation of schemes for development and social justice as may be entrusted to it by the Administrator including tho'-c in relation to the makers specified in the Second Schedule in case of a village Panchayat and ihose specified in the Third Schedule in case of the district Panchayat.
(4) The Administrator may, from lime to time, consult ihc President-cum-Chief Counsellor and die Vicc-Presideni-rum-Ccunsellor on any matter relating to (he cdministiMlion of the Union-ferrifory specified in ihe Fourth Schedule aid the viewn of Presidentcum-Chief Counsellor or the Vicc-Prrsidenf-riim-Coimsellur on snrh matter shall be recommendatory in nature.
(5) The Administrator shall follow such procedure for consulting under sub-section (4) as may he prescribed.
(6) The President-cunvChiof Counsellor and the Vi.e-Piesidentcum-Counsellor shall be entitled to such salary o r aPnvancts as the Administration may, with the apnroval of the President, by order determine.".
Amendment oi icUion 32.
J8. In saction 40 of principal Regulation,—
(1) in sub-se»Utn (1),—
(i) for the word "Panchayat ' ' the words "village Punch.iyat" shall be substituted;
( H ) for clause (h), the following clause shall be subsiiiutecl, namely: — ''(h) water rate which may be imposed in fha form of a rate assessed on buildings and lands or a n v oilier form nsmay be best adapted to the circumstances of anv class of cases;";' . .
(2) after sub-section (1) the following sub-scc'ions shall br inserted, namely:— . . . .
"(1A) Subject to such maximum rates as ihe Adnrnirt'iior may prescribe, a District Panchayat may—
(a) levy tolls on perso"^, vehicle or nnirml^ or anv class of them at any toll-bar established by it on anv toad Amendment of section 40.
8 itiH GAZETTE OF INDIA EXTRAORDINARY [PART II— other than a kutcha road or any bridge vested in it or under its management;
(b) levy tolls in respect of any ferry established by it or under its management;
(c) levy the following fees and rates, namely— 0) fees on ihe registration of boats or vehicles;
(H) a fee for providing sanitary arrangements dt such places of worship or pilgrimage, fairs and melas within its jurisdiction as may be specified by the Administrator by notification;
(in) a fee for licence for fair or mela;
(iv) a lighting rale where arrangement for lighting of public streets and places is made by the District Panchayat within its jurisdiction; and
(v) water rate where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the district Panchayat within its jurisdiction.
(IB) The district Panchayat shall not undertake registrar ion of any vehicle or levy fee therefor and shall not provide sanitary arrangements at places of worship or pilgramage, fairs and melas wi'hin its jurisdiction or levy fee therefore if such vehicle has already been registered, by any other authority under any Jaw for the time bein^ in force or if such provision for sanitary arrangement has already been made by any other local authority.
(1C) The scales of tolls, fees or rates and the terms and conditions for the imposition thereof shall be such »s may be provided by rules made in this behalf. Such rules may provide for exemption from all or any of the tolls, fees or rates in any class of cases.".
Insertion of new section
46A.
19. After section 46 of the principal Regulation, the following naw section shall be inserted, namely: — FirBnc* Commission- "46A, With effect from such date as the President may, by notification, specify, the Finance Commission constituted under section 186 of (he Andaman and Nicobar Islands (Panchayats) Regulation 19Q4 shall also be the Finance Commission for (he purposes of making recommendations to the Administrator of the Union territory of the Dadra and Nagar Haveli as to—
(a) the principles which should govern— (?) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the Pachjiyats;
(H) the granta-in-aid to the Panchayats;
(b) the measures needed to improve the financial position of the Panchayats; and SKC. 1J THE GAZETTE OB1 INDIA EXTRAORDINARY 9
(c) any other mailers referred io ihe Finance Commission by the Administrator in the interests of sound finance of ihe Panchayats'.
20. In section 53 ot ihe principal Regulation,—
(j) in sub-section (">), after clause (,b), the following clause shall be added, namely: — "(c) all properly vested in ihe PanchayaL shall, until it is reconstituted, vest in ihe Central Government.";
(H) after Fub-seciion (7), 'he following new sub-section shall be added, nameJy: — "(4) Subject to the provisions of section 22, an election to constitute a Panchayat shall be completed before the expiration of a period ol six rnonihs from ihe date of its dissolution.".
Amend, ment of section 5?.
21. After section 69 of the principal Regulation, the following new section shall be inserted, namely:— Insertion of new hcction 70.
70. If any difficulty arises in giving effect to the provisions (.•£ ihis Regulation the Administrator may, by order, make such provision as may appear to him to be necessary or expedient for removing ihe difficulty:
Provided that no such order shall be made which is in contravention of the provisions- of 'he said Regulation or after ihe expiry of a period of two years from the commencement of the Dadr-t an<l Nagar Haveli Village Panchayats (Amendment) Regulation, 1994, Removal of difficulties.
22. In the principal Regulation, after the Second Schedule the following Schedules shall be added, namely; — Insertion of the third and Fourth Schedule*.
"THE THIRD SCHEDULE [See section 32] (Matters within Lhe jurisdiction of District Panchayat)
1. All the matters specified in the Second Schedule involving two or more village Panchayats.
2. Non-conventional energy sources.
3. Poverty alleviation programme.
4. Welfare of the weaker sections, and in particular, of the Scheduled Castes and Scheduled Tribes.
5. Maintenance of Community assets, THE FOURTH SCHEDULE [See section 32(4)] (Matters on which lhe President-cum-Chief Counsellor and the Vice- President-cum-Gounsellor may be consulted by the Administrator
1. Al] general matters pertaining to Panchayats.
10 THE GAZEITE OF INDIA EXTRAORDINARY [PART H—Sec. 1] a. Matters relating to training of staff of Panchayats.
3. Review of administration of Panchayats and co-ordination of the activities of Panchayats.
4. Removal of difficulties of panchayats.
5. Matters relating to small scale industries including food processing industries.
6. Matters pertaining to Union territory level educational institution*.
7. Matters relating to rural electrification.
8. Matters relating to public distribution s-ystem.
9. Proposals relating to taxes.
10. Any other matter on which administrator may like to consult.".
Appeal of Regulat'on 2 «f I»IS.
23. The Dadra and Nagar Haveli (Administration) Regulation, 1988 is hereby repealed:
Provided that the Pradesh Council existing immediately befoie ihe commencement of the Dadra and Nagar Haveli Village Panchayats (Amendment) Regulation, 1994 shall cease to exist on the date immediately before the date appointed under section 3A.
SHARKER DAYAL SHARMA, Preside^'.
K. L. MOHANPURIA, Secy, to the Govt, of India.
PMNT1B BY THE MANAGER, OOVF.RNMtNT OF INDIA PRESS, MINTO ROAD, NEW DELTH ANB *U»LISHJ>(> BY THE CONTROLLPR Ol PUBLICATIONS, DELHI, 1994.