Keywords : Text of Act is in Hindi, Population, Village, Gram Sabha, Gram Panchayat, Mukhiya, Up-Mukhiya, Panchayat Samiti, Block, Pramukh, Up-Pramukh, District, Zila Parishad, Adhyaksha, Upadhyaksha, Election, Election Proceedings, State Election Commission, Assistant Secretary, Block Development Officer, Sub-Divisional Officer, Executive Officer, District Panchayat Raj Officer, Chief Planning Officer, District Magistrate, Scheduled Area, Other Backward Classes, Public Servant, Public Market, Public Property or Public Land, Public Road, Cooperative Society, Standing Committee
THE JHARKHAND GAZETTE
EXTRAORDINARY ISSUE
PUBLISHED BY THE GOVERNMENT OF JHARKHAND
No. 94 : The 20th Baisakh, 1923 Shaka Year
Ranchi, Thursday, the 10th May, 2001.
Law (Legislative) Department
Notification
The 10th May, 2001.
No. L.G. – 04/2001, Leg : 11 – The following Act of the Jharkhand Legislature,
to which the Governor has given assent on the 23rd April, 2001, is hereby published
for information of the general public.
By order of the Governor of Jharkhand.
Prashant Kumar
Joint Secretary
Law (Legislative) Department,
Jharkhand, Ranchi.
2 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 –
Jharkhand Panchayat Raj Act, 2001
[Jharkhand Act – 06 of 2001]
An Act to provide regulating provisions for the establishment of Panchayat Raj
in State of Jharkhand. Be it enacted by the Legislature of the State of Jharkhand in the
fifty second year of the Republic of India as follows :-
Chapter – I
Short Title and Definitions
Section 1
Short title, extent and commencement :-
(i). This Act may be called The Jharkhand Panchayat Raj Act, 2001.
(ii) It extends to the whole of the State of Jharkhand except the areas to which
provisions of the Patna Municipal Corporation Act, 1951 (Bihar Act XIII of
1952); Bihar & Orissa Municipal Act, 1922 (Bihar Act VII of 1922) or
Cantonment Act, 1924 (Act II of 1924) apply.
(iii) It shall come into force on such date as the Jharkhand Government may, by
notification in the official gazette, appoint and different dates may be
appointed for different areas and for different provisions.
Section 2
Definitions : In this Act unless there is anything repugnant in this context :
(i). “Population” means the population as ascertained at the last preceeding
census of which the relevant figures have been published;
1
[Provided that Population of other backward classes means the
population of other backward classes ascertained on the basis of last
preceding census figures by the procedure prescribed by the State
Government.]
1
[Provided further, that if the State Government has not ascertained the
population of other backward classes on the basis of last preceding Census
figures as per the prescribed procedure then the population of other backward
classes is deemed to be assessed by assuming the villagewise percentage
population of other backward classes as ascertained by survey on the basis of
figures just preceding to the last preceding census fixed.]
(ii) “Village” means a village specified by the State Government, by
notification in the official gazette to be a village for the purposes of this
Act, and includes a village or a group of villages/ Tolas so specified. The
word “village” includes a revenue village; but in the scheduled area, a
1 Ins. by Jharkhand Act, 06, 2006 -2
3 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 –
‘village’ means any such village in The scheduled area in which there will
ordinarily be a residence or a group of residences, or a tola or a group of
tolas, comprising such community which manages its activities according
with its customs and usages;
(iii) “Gram Sabha” means a body consisting of persons registered in the
electoral rolls relating to a village comprised within the area of the Gram
Panchayat and constituted under section 3;
(iv) “Gram Panchayat” means a Gram Panchayat constituted under section 12;
(v) “Panchayat Area” means territorial area of a Panchayat constituted under
this act;
(vi) “Member” means an elected/nominated member of any Regional/ territorial
constituency of a Gram Panchayat, Panchayat Samiti or Zila Parishad;
(vii) “Mukhia” means a Mukhia of a Gram Panchayat elected under the
provisions of this Act;
(viii) “Up-Mukhia” means an Up-Mukhia of a Gram Panchayat elected under the
provisions of this Act;
(ix) “Panchayat Samiti” means a Panchayat Samiti constituted under section 32
of this Act;
(x) “Block” means such local area in a district which the State Government may
constitute to be a block;
(xi) “Pramukh” means a Pramukh of Panchayat Samiti elected under this act;
(xii) “Up-Pramukh” means an Up-Pramukh of Panchayat Samiti elected under
this Act;
(xiii) “District” means a district as notified by the State Government to be a
district;
(xiv) “Zila Parishad” means a Zila Parishad of a district constituted under section
47 of this Act;
(xv) “Adhyaksha” means an Adhyaksha of Zila Parishad elected under the
provisions of this Act;
(xvi) “Upadhyaksha” means an Upadhyaksha of Zila Parishad elected under the
provisions of this Act;
(xvii) “Election” means an election to fill up a seat or seats in a Panchayat;
(xviii) “Election Proceedings” means proceedings that start with issuance of
notification for election and comes to an end with declaration of result
thereof;
(xix) “State Election Commission” means a State Election Commission
constituted by the Governor under section 66 of this Act in the light of Article
243 K (1) of the constitution;
(xx) “Secretary” means Secretary appointed in prescribed manner by the
prescribed authority for Gram Panchayat, Panchayat Samiti and Zila Parishad
under this Act;
(xxi) “Assistant Secretary” means an officer especially appointed by the State
Government through the Panchayat Raj Directorate, who shall discharge
duties as prescribed;
4 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 –
(xxii) “Block Development Officer” means an officer appointed as such by the
State Government;
(xxiii) “Sub Divisional Officer” means the Magistrate-in-Charge of a sub division
in which a Gram Panchayat has been established and includes any other
Magistrate who may be specially appointed by the Government to discharge
all or any of the functions of (The Sub Divisional) Magistrate under this Act;
(xxiv) “Executive Officer” means an Executive Officer of a Panchayat Samiti,
appointed under the provisions of this Act;
(xxv) “District Panchayat Raj Officer” means an officer appointed as such by the
State Government;
(xxvi) “Chief Planning Officer” means a District Planning Officer appointed as
such by the State Government;
(xxvii) “Chief Executive Officer” means a Chief Executive Officer of a Zila
Parishad appointed by the State Government under the provisions of this Act;
(xxviii) “District Magistrate” means a District Magistrate or a Deputy
Commissioner of a District so appointed by the State Government and
includes any other officer, who may be especially appointed by the State
Government to discharge all or any of the functions of the District Magistrate
under this Act;
(xxix) “Commissioner” means the Divisional Commissioner or such other officer
as may be especially appointed by the State Government to exercise the
powers of a Commissioner under this Act;
(xxx) “Director” means a Director appointed as such by the State Government;
(xxxi) “Government” means the State Government of Jharkhand;
(xxxii) “Prescribed” means prescribed under this Act or Rules made hereunder;
(xxxiii) “Prescribed Authority” means an officer of a particular rank and
designation appointed by the State Government under this Act or Rules made
there under;
(xxxiv) “Notification” means a notification published in the state or District Gazette;
(xxxv) “Scheduled Area” means a scheduled area referred to in Clause (1) of
Article 244 of the Constitution of India;
(xxxvi) “Other Backward Classes” means all such classes as have been specified
by the State Government;
(xxxvii) “Public Servant” means a public servant as defined in section 21 of the
Indian Panel Code (I.P.C. 45 of 1860);
(xxxviii) “Public Market” or “Public Fair” means a market or a fair, as the case may
be, notified under section 83 of this Act;
(xxxix) “Public Property” or “Public Land” means such public building, garden,
orchard or other place where people for the time being, either on making any
payment or otherwise, make use of it or have permission of access;
(xxxx) “Public Road” means such a road, footpath, street, lane, flank or passage
over which people have the right of movement;
(xxxxi) “Cooperative Society” means a society mentioned by the State Government
in the Act relating thereto;
(xxxxii) “Standing Committee” means a standing committee constituted under this
Act;
5 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 –
CHAPTER – II
GRAM SABHA
Section 3
(i) For the purposes of this Act, a District Magistrate on direction of the State
Government may, by notification in the District Gazette, specify a village or a
group of villages as gram 1
[Sabha] but, where a Gram Sabha is constituted for
a group of villages, name of the village having the largest population shall be
specified as that Gram Sabha;
(ii) GRAM SABHA means a body consisting of persons registered in the
electoral rolls relating to a revenue village comprised within a Gram
Panchayat area;
(iii) GRAM SABHA in a scheduled area:- Ordinarily there shall be one GRAM
SABHA for a village but if members of a Gram Sabha in a scheduled area, so
desire they may constitute more than one Gram Sabha in a village in the
manner which may be prescribed and in the area of each such Gram Sabha
there shall be residence and group of residences or small villages or
villages/group of tolas comprising of communities which shall manage their
activities in according with customs and usages.
Section 4
(a) Electoral Roll (Voters List)- There shall be a voters’ list for each village
specified under 2
[section-2(ii)], which shall be prepared according to the
provisions of this Act and Rules made thereunder.
(b) Registration of Voters –
(i) Every such person, who is eligible to be registered in the electoral Roll
of the legislative Assembly relating to that village or whose name is
entered therein and who is an usual resident of that village, shall be
entitled to be registered in the voters’ list of that village;
(ii) Provided that, no person shall be entitled to be registered in more than
one village’s voters list.
(iii) Provided that no person shall be entitled to be registered in the voters list
if he is registered in the Electoral Roll relating to any other local
authority.
(C) Voters of a Panchayat –
All the persons whose names are entered as voters in that much part of
the then in force voters’ list or lists of the state Legislative Assembly
1 Subs. by Jharkhand Act 7 of 2002 – 2
2 Subs. by Jharkhand Act 12 of 2003 – 2
6 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 –
constituency, as is related to the territorial constituency of a Gram Panchayat,
shall be voters in the Panchayat election concerned.
Section 5
Meetings of Gram Sabha –
The Gram Sabha shall meet time to time but not more than three months shall
intervene in between any two meeting; provided on a demand in writing being made
by one-third members of the Gram Sabha, if it be required by the Panchayat Samiti;
Zila Parishad or Deputy Commissioner/District Magistrate, an extraordinary meeting
may be called within 30 days of Such requirement.
Section 6
Convening of Meetings –
(i) A notice of the meeting shall be pasted on the notice-board of the Gram
Panchayat Office and the same shall adequately be brought to the notice of the
public by means of publicity (such as Dugdugi, Drum and Loudspeakers);
(ii) It shall be the responsibility of the Mukhia to convene and conduct the
meetings of the Gram Sabha. In case 1
[Mukhia] fails to convene the meeting as
specified under the Act, the Executive Officer of the Panchayat Samiti or the
Prescribed Officer of the Panchayat authorized by him on this behalf shall
convene such meetings;
Provided that in case he fails to call meetings at intervals as specified
under the Act, he shall be deprived of holding the office of Mukhia;
Provided also that no order shall be passed by the officer prescribed
under this sub-section against the Mukhia unless he is given reasonable
opportunity of hearing.
Section 7
Quorum –
(i) The quorum for a meeting shall be 1/10th of the total members of the Gram
Sabha, out of which at least 1/3rd shall be women;
Provided that in a scheduled area, the quorum for a meeting shall be
1/3rd of the total members of the Gram Sabha, out of which at least 1/3rd shall
be women.
(ii) If at the time appointed for the meeting, members are not present to fulfill the
required quorum the person presiding the meeting shall adjourn the meeting to
such a future date and time as he may appoint and a fresh notice shall be given
in the prescribed manner and no quorum shall be required for such an
adjourned meeting;
Provided that no new subject shall be taken up for consideration in such
a meeting.
1
Ins. by Jharkhand Act 7 of 2002 – 3
7 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 –
Section 8
Presiding Officer –
(i) Every meeting of the Gram Sabha shall be presided over by the Mukhia of the
concerned Gram Panchayat and in his absence by the up-Mukhia;
(ii) In case of absence of both the Mukhia and the Up-Mukhia in the meeting, the
meeting of the Gram Sabha shall be presided over by such a member of the
Gram Sabha who would be elected for the purpose the majority of the
member present in the meeting;
(iii) PRESIDING OVER OF MEETINGS OF GRAM SABHAS IN
SCHEDULED AREA – Meeting of Gram Sabha in scheduled area shall be
presided over by such a person belonging to any of the Scheduled Tribes of
the Gram Sabha who is neither Mukhia, Up-Mukhia nor a member of the
Panchayat, and who is recognized as Gram Pradhan in that area as per
prevalent custom such as Manjhi, Munda, Pahan, Mahto or by any other
name or by the person proposed by them or nominated/supported by the
general consensus of the members present in the meeting.
1
[Provided also that in a Gram Sabha in which there is a respected
person according to the custom and usage prevalent from traditions who is the
Gram Pradhan (Head of the village) e.g. Manjhi, Munda, Pahan, Mahto or
called by any other name and is not a member of the Scheduled Tribe, then a
meeting of the Gram Sabha in the scheduled areas shall be presided over by
him, or if there be any member of the Scheduled Tribe in the said area, then by
such person on being proposed by the Gram Pradhan or nominated/supported
by a majority of votes of the members present in the meeting, and if there be no
members of the Scheduled Tribe then, by a person not belonging to the
Scheduled Tribe, who is proposed or nominated / supported in this behalf.]
Section 9
In case of dispute over right of a person to be present in a meeting of the
Gram Sabha, the person presiding over the meeting shall decide the dispute in
light of the entry in the voter’s list of that particular Gram Sabha area and the
said decision of his shall be final.
Section 10
Powers and functions of Gram Sabha and its annual meeting –
- Subject to the rules made by the State Government for the purpose and under
the general or specific orders to be issued by the State Government from timeto-time the Gram Sabha shall perform the following functions, namely –
(a) (i) Identification of economic developmental schemes for the village
and formulation of criteria for fixing their priorities.
1 Ins. by Jharkhand Act 12 of 2003 – 3
8 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 –
(ii) Approval of schemes for social and economic development including
all the annual schemes pertaining to the Gram Panchayat, before
implementation of programmes and projects;
(iii) Discussions on annual budget of the Gram Panchayat and making
recommendations thereto;
(iv) Deliberations on audit report and annual accounts of the Gram
Panchayat;
(v) Determination and confirmation of appropriate utilization of funds
for the schemes, programmes and projects specified under section
10(1) (a) (2) by the Gram Panchayat;
(vi) Identification and selection of persons as beneficiaries under poverty
alleviation and other programmes;
(vii) Ensuring distribution of funds or resources among beneficiaries and
their proper use;
(viii) Activating people towards community welfare programmes and
receiving contributions in cash or kind or in both and participation of
voluntary workers;
(ix) Enhancing general consciousness, unity and amity among people in
general;
(x) Keeping control through Gram Panchayat over such organizations
and such functionaries in social sectors, as have been transferred to
the Gram Panchayat or appointed by the Gram Panchayat;
(xi) Managing natural resources such as land, water, forest falling within
the limits of the village area according to the constitution and other
relevant laws then in force;
(xii) Giving advice to the Gram Panchayat as to regularization and
utilization of small reservoirs;
(xiii) Keeping watch over local schemes and over sources and expenditure
of the said schemes;
(xiv) Sanitation and conservancy as well as prevention and solution of
nuisance;
(xv) Construction, repair and maintenance of public wells and ponds as
well as making available drinking water for domestic use;
9 >kj[k.M xtV ¼vlk/kkj.k½] lkseokj 21 tuojh] 2008 –
(xvi) Making available and maintaining water sources for bathing,
washing and for drinking purposes of domestic animals;
(xvii) Construction and maintenance of rural roads, culverts, bridges,
embankments and other works and buildings of public utility.
(xviii) Construction, maintenance and conservancy & cleanliness of public
roads, cesspits, drains and other public places;
(xix) Filling up of wells not in use in sanitary ponds, ditches and holes;
(xx) Providing light on village paths and other public places;
(xxi) Removal of hindrances and projections to public streets and places as
well as the spaces which are not private properties or which are open
for public use whither such places are vested in the Panchayat or
belong to the State Government;
(xxii) Regulating and controlling recreations, games-shows, shops, eating
houses and vendors of beverage, sweets, fruits, milk and similar
other articles;
(xxiii) Regulating construction of houses, cesspits urinals, drains and flush
latrines;
(xxiv) Management of public land, extension and development of village
site;
(xxv) Disposal of corpses, carcasses (including those unclaimed) and other
obnoxious articles in such a way that the same may not be injurious
to health;
(xxvi) Providing places separately for dumping rubbish;
(xxvii) Responsibility for sale and test of meat;
(xxviii) Taking care of the Gram Sabha-properties;
(xxix) Establishment and management of cattle ponds and maintenance of
records regarding cattle;
(xxx) Taking care of ancient and historical monuments other than those
which have been declared to be of national importance and
maintaining grazing grounds and other lands lying within control of
the Gram Sabha;
10 >kj[k.M xtV ¼vlk/kkj.k½] lk seokj 21 tuojh] 2008
(xxxi) Maintaining records of births, deaths and marriages;
(xxxii) Assisting in census or other surveys done by the centre, state or other
organizations constituted lawfully;
(xxxiii) Giving assistance in control of contagious diseases, vaccination work
etc.;
(xxxiv) Helping the disabled and destitute (including women and children);
(xxxv) Expansion of youth welfare, family welfare and sports;
(xxxvi) An afforestation and conservation of village forestry;
(xxxvii) Abolition of social evils like dowry;
(xxxviii) Implementation of orders of the State Government or other
competent officers to improve the condition of Scheduled Castes,
Scheduled Tribes, Backward Classes and to prevent untouchability;
(xxxix) Preparing schemes for basic amenities and making arrangements
therefore;
(xl) Helping disabled women/children;
(xli) Execution of work assigned by Panchayat Samiti, Zila Parishad;
(xlii) Execution and supervision of construction work as per specified
schemes within the Gram Sabha area;
(xliii) Exercise and discharge of powers and functions assigned by the State
Government under this Act or any other law in force in the State for
the time being.
(b) For discharging these functions and duties the Gram Sabha may constitute
the following standing committees, namely :-
(i) Village Development committee,
(ii) Government estate committee,
(iii) Agriculture committee,
(iv) Health Committee,
(v) Gram Raksha Samiti,
(vi) Infrastructure committee,
(vii) Education committee and social justice committee,
11 >kj[k.M xtV ¼vlk/kkj.k½] lk seokj 21 tuojh] 2008
(viii) Vigilance committee.
(c) Reservation of seats, term of office, resignation, procedure for removal,
conduct of business, eligibility for being a member, meeting, manner of filling
vacancy, selection of secretary and procedure of Standing Committees shall be
as may be prescribed by the prescribed authority;
(d) Village Development committee shall prepare a scheme for all-round
development of the village and shall be presented before the Gram Sabha for its
approval;
(e) Every Gram Sabha may establish a fund which by consisting of the following
four parts, shall be known as Gram Kosh (Village fund):-
(i) Grain Fund,
(ii) Labour Fund,
(iii) Commodity Fund,
(iv) Cash Fund,
In which the following shall be deposited:-
(a) Donations,
(b) Incentive amounts,
(c) Other incomes.
(f) Gram Kosh (Village Fund) shall be kept in such a manner and maintained in
such a way and from as may be prescribed.
- Annual Meeting of Gram Sabha : –
Gram Panchayat shall put also place the following matter before the
annual meeting of the Gram Sabha, which shall be held at least three months
before the commencement of the next financial year:-
(i) Annual account return, administrative report of the preceding financial
year, last audit report and reply if any given within regard thereto.
(ii) Programmes relating to development and other works proposed for the
next financial years;
(iii) Annual budget of the Gram Panchayat and annual plan for the next
financial year;
(iv) Report of the vigilance committee;
(v) Explanation called for from Mukhia and members of the Gram
Panchayat in respect of any particular activities, scheme, income and
expenditure;
12 >kj[k.M xtV ¼vlk/kkj.k½] lk seokj 21 tuojh] 2008
- Gram Panchayat Shall also place before the Gram Sabha the matters which
may be required by the Panchayat Samiti, Zila Parishad, Deputy
Commissioner/District Magistrate or any other officer authorized in this behalf; - Gram Panchayat shall under this section implement the recommendations
made, if any, by the Gram Sabha in respect of the matters before it, in the light
of the rules of the State Government in force for the time being. - Additional powers and functions of Gram Sabha in scheduled area –
(i) It shall protect and preserve the traditions and customs of people their
cultural identity and community resource means (Sarna, Masna, 1
[JaherThan] etc.) and their customary manners of redressal of disputes, which
are not inconsistent with constitution view point, and when needed may
for the sake of extending co-operation in this regard, it may bring
proposals as required in the prescribed manner to enlist co-operation
before Gram Panchayat, Panchayat Samiti, Zila Parishad and State
Government.
(ii) the spirit of other relevant laws in force for the time being; It may
manage the natural resources including land, water and forest within the
village areas according to its tradition but in accordance with the
provisions of the constitution and duly keeping in view
(iii) It may provide for local schemes in which tribal sub-schemes are
included and sources and costs for such schemes;
(iv) It shall exercise such other powers and discharge such functions as the
State Government may assign or delegate to it under any law in force for
the time being;
(v) Gram Sabha, through the Gram Panchayat, shall manage Bazaars of the
villages, and fairs including cattle fair, irrespective of their name by
which they are known. - In addition to functions specified under section 10 (1) (a) and additional powers
and functions of Gram Sabha in scheduled area mentioned under section 10(5),
the State Government may from time to time ascertain other additional powers
and functions for Gram Sabha in scheduled area. - Gram Sabha shall be at liberty to consider any subject related with the
functions of the Gram Panchayat and the Gram Panchayat shall implement its
recommendations in the light of the rules in force for the time being. - Functions of the Gram Sabha mentioned in Section 10(1) (a) and section 10 (5)
shall not affect the Government Acts/Rules and its jurisdiction for the time
being in force.
1 Subs. by Jharkhand Act, 07, 2002 – 5
13 >kj[k.M xtV ¼vlk/kkj.k½] lk seokj 21 tuojh] 2008
- The State Government may, by general or special order increase the functions
and duties delegated to the Gram Sabha or may withdraw the same.
CHAPTER – III
Constitution of Panchayats –
Section 11
Constitution of Panchayats- For the purposes of this Act there shall be
constituted – - Gram Panchayat for village,
- Panchayat Samiti for a Block, and
- Zila Parishad for a district.
Note (Section – 11) - Three tier Panchayat Raj Rule under section (11), a Panchayat Raj Rule has
been established by setting up Panchayat at three levels. With the establishment
of an important foundational unit of Gram Panchayat under the Panchayat Raj
system as per law and with the establishment of Gram Sabha comprising the
area thereof, co-operation of the specified village in its administrative and
developmental work has been assured under the Panchayat Raj system, and
Gram Panchayats have been connected with a Panchayat Samiti, and Panchayat
Samities with a Zila Parishad. But, they have independent entity and separate
statutory bodies, and have different functions.
Section 12
Gram Panchayat –
1
[ Every such village, which has been specified as a village for the purposes of
this Act under section 2(ii) shall be under a Gram Panchayat.]
Section 13
Declaration of Gram Panchayat area – - Subject to the general or special orders of the State Government, the District
Magistrate may, by notification in the District Gazette, declare any local area
comprising of a village or a group of contiguous villages/groups or tolas or part
thereof to be a Gram Panchayat area with a population within its territory, as
nearly as five thousand, in perspective of the entire State. - The Gram Panchayat shall be specified by the name of the village having the
largest population.
1 Subs. by Jharkhand Act 12 of 2003 – 4
15 >kj[k.M xtV ¼vlk/kkj.k½] lk seokj 21 tuojh] 2008
population of each territorial constituency possibly be near about 500 and so far as
practicable be the same throughout the panchayat area.
1
[(ii) One member shall be elected from every territorial constituency of the gram
panchayat by direct election in the prescribed manner.]
Section 17
Reservation of seats in the gram Panchayat –
(A) For members of the Gram Panchayat (general area)
- In every Gram Panchayat seats shall be reserved for
(a) Scheduled Castes and
(b) Scheduled Tribes, the number of seats so reserved shall bear as nearly as
may be the same proportion to the total number of seats to be filled up
by direct election in that Gram Panchayat as the population of Scheduled
Castes and Scheduled Tribes in the said Gram Panchayat area bears to
the total population of that area, and such seats shall be allotted by
rotation in the prescribed manner to different territorial constituencies
(wards) in the Panchayat by the State Election Commission. - In case of the overall reservation for Scheduled Castes and Scheduled Tribes
being less than 50 percent of the total number of members in a Gram
Panchayat, the reservation falling short of 50 percent shall be made for other
Backward Classes in proportion to their population provided that overall
reservation for Scheduled Castes, Scheduled Tribes and other Backward
Classes shall not exceed 50 percent of the total number of posts. - In every Gram Panchayat, out of the seats reserved for Scheduled Castes
Scheduled Tribes and other Backward Classes,
3
[not less than fifty percent]
seats shall be reserved for women belonging to Scheduled Castes, Scheduled
Tribes and other Backward Classes, as the case may be. - In every Gram Panchayat, out of the total number of seats to be filled up by
direct election, at 3
[not less than fifty percent] seats (including the number of
seats reserved for women belonging to Scheduled Castes, Scheduled Tribes and
other Backward Classes) shall be kept reserved for women and such seats shall
be dully allotted by rotation by the State Election Commission. - Such territorial constituencies (wards) having no population of Scheduled
Castes, Scheduled Tribes or other Backward Classes, shall, as the case may be,
excluded from allotment of seats reserved for Scheduled Castes, Scheduled
Tribes and other Backward Classes 2
[in the prescribed manner.]
1
.
Ins. by Jharkhand Act 07, 2002 – 6
2
.
Subs. by Jharkhand Act 07, 2002 – 7
3
.
Subs. by Jharkhand Act 33, 2010 -2
16 >kj[k.M xtV ¼vlk/kkj.k½] lk seokj 21 tuojh] 2008
(B) For members of the Gram Panchayat (in Scheduled area)-
- In each Gram Panchayat in the Scheduled area, reservation of seats for
Scheduled Castes and Scheduled Tribes shall be made according to their
respective population in the Panchayat;
Provided that reservation for Scheduled Tribes shall not be less than half
of the total number of seats, - In a scheduled areas Gram Panchayat, seats for persons belonging to other
Backward Classes shall, in proportion to their population, be reserved in such
number that the same together with the number of seats reserved for Scheduled
Castes and Scheduled Tribes, if any, does not exceed 80 percent of the total
seats of the said Gram Panchayat. - Out of the seats reserved under subsection (1) and (2), 2
[not less than fifty
percent] seats shall be reserved for women belonging to Scheduled Castes,
Scheduled Tribes and other Backward Classes, as the case may be. - Out of the total seats of the Gram Panchayat concerned, 2
[not less than fifty
percent] seats (including the seats reserved for women belonging to Scheduled
Castes, Scheduled Tribes and other Backward Classes) shall be reserved for
women. - Reservation of posts under the aforesaid subsections shall be allotted by
rotation in the prescribed manner by the State Election Commission. - As to a Gram Panchayat within the scheduled area, in which there is no
population of Scheduled Tribes the same shall be excluded from allotment of
seats reserved for members of the Scheduled Tribes, in the prescribed manner. - As to the territorial constituencies (wards) of a Gram Panchayat, in which there
is no population of Scheduled Castes, Scheduled Tribes or other Backward
Classes, the same shall duly be excluded from seats reserved for Scheduled
Castes, Scheduled Tribes or other Backward Classes, as the case may be.
Section 18
Eligibility to vote and be a candidate –
(i) Every such person whose name is included in the voter list of a village shall be
eligible to vote in the Election of Office bearers of the Panchayat in which the
said village is included.
(ii) Every such person, unless he is declared disqualified under this Act or any
other law in force for the time being, shall be eligible to be elected as 1
[an
office- bearer of the Panchayat or its territorial constituency in the electoral roll
of which his name is entered.]
1 Subs. by Jharkhand Act 07, 2002 – 8
2 Subs. by Jharkhand Act 33, 2010 – 2
17 >kj[k.M xtV ¼vlk/kkj.k½] lk seokj 21 tuojh] 2008
(iii) Bar to concurrent membershipNo person shall be eligible to contest in more than one constituency (ward) for
being elected as an office bearer of a Panchayat as the case may be.
Section 19
Disqualifications for being an Office bearer of a Gram Panchayat –
No person shall be qualified for an Office bearer of the Gram Panchayat-
(A) Who is not a citizen of India;
(B) Either before commencement of this Act or thereafter-
(1) Who has been convicted of any offence under the Civil Services Conduct
Rules, (Civil Services Conduct Act) in force for the time being or under any
law relating to use, consumption or sale of intoxicants or under any law in
force for the time being in any part of the state unless a period of five years or
such a lesser period as the State Government may determine in a particular
case, has expired since the date of his conviction;
(2) Who is a person of unsound mind and has been so declared by a competent
court;
(3) Who is a declared bankrupt;
(4) Who holds a post of gain under any Panchayat or is in service in any other local
authority or in any Co-operative Society or in the State Government or in
Public Sector undertaking of the State Government or the Central Government;
(5) Who has been removed from a post in service under the State Government or
the Central Government or any Panchayat, any other authority or any
Co-operative Society or any Public Sector undertaking of the Central or State
Government on the ground of corruption or dereliction of duty;
(6) Who holds any share or interest directly or indirectly in any contract entered
into with or by the Panchayat or on behalf of that;
Provided that no person shall be deemed disqualified under clause (6) of
sub-section (B) only because –
a) He has a share in a Joint Stock Company, he has any share or interest in
any such organisation or Co-operative Society registered under the
State’s Society Registration Act in force for the time being which shall
enter into a contract with the Panchayat or employed by or on behalf of
the Panchayat; or
b) He has a share or interest in any such newspaper in which any
advertisement regarding activities of the Panchayat is given; or
c) He holds a debenture by or on behalf of the Panchayat or is otherwise
concerned with any loan taken by or on behalf of the Panchayat;
