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Section 4

a

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4 a (3) Every woman co-opted as a iso to sub-section (1) shall have th an Té i a (3) Every woman co-opted as a Té proviso to sub-section (1) shall have the right ¢ ng of the Gram Panchayat. _.§_=---proviso to sub-section (1) shall hav meeting of the Gram Panchayat. the right ¢ _.§_=---_——_., arnanch ay pa of arnanch of (2) The Chairman shall also be called the Say pata Executive Committee which shall be atyles eee. (2) The Chairman shall also be called the Say pata the Executive Committee which shall be atyles eee. hayat the members thereof to be called Fé the Executive Committee which shall be at Panchayat the members thereof to be called Fé the 4 ° is ttic tis nd Gra ° ttic 4Substituted by the Punjab Zila Parishads, Panchayat Samutis 4 onstitution and Reorganisation) Order, 1969. 4Substituted by the Punjab Zila Parishads, Pan 'Reconstitution and Reorganisation) Order, 1969. _—_— (4) The election shall be by secret ballot and direct vote in the manner prescribed and the candidates securing the highest numb prescribed number of r of valid votes shall in the manner prescribed and the prescribed number of candidates securing the highest number of valid votes shall pe deemed to have been duly elected : candidates securing the highest number pe deemed to have been duly elected : Provided that for the period expiring on 26th January, 1970— (a) every Gram Panchyat shall, subject to the provisions of sub-clause(b), have one panch belonging Scheduled Castes if their population is sions of sub-clause(b), have one panch belonging to the Scheduled Castes if their population is five per centum or more of the population of to the Scheduled Castes if their population is five per centum or more of the population of area concerned ; five per centum or more of the Sabha area concerned ; (b) every Gram Panchayat with seven or more pan- _ ches shall have two panches who are members of every Gram Panchayat with seven or more pan- _ ches shall have two panches who are members of Scheduled Castes if the population of the ches shall h Scheduled heduled e two panches who are members of Castes if the population of the is ten per centum or more ; Scheduled Castes if the populatio Scheduled Castes is ten per centum or more ; (c) if the required number of successful candidates does not include one or two members from the if the required number of successful candidates does not include one or two members from the duled Castes, as the case may be, then the does not include one or two members from the Scheduled Castes, as the case may be, then the uled Caste candidate or candidates, as the Scheduled Castes, as the case may be, then Scheduled Caste candidate or candidates, as the case may be, securing the highest number of Scheduled Caste candidate or candidates, as the case may be, securing the highest number of s from amongst themselves shall be case may votes from to h secu amongst ele he highest n themselves shall asthe last, or be votes from amongst themselves shall b deemed to have beenelected asthe last, or the last two panches ; deemed to have b last two panches ; (d) in case the requisite number given in sub-clauses (a) and (b) of members of Scheduled Castes are in case the requisite number given in sub-clauses (a) and (b) of members of Scheduled Castes are elected in the manner given above, the (a) and not elected prescribed members of Scheduled Castes are in the manner given above, the authority shall make up the not elected prescribed deficiency in the ma authority nominatin ner shall duly ven above, make up ualified pe the the son prescribed authority shall make up the deficiency by nominating duly qualified person or persons of such castes: deficiency by nominating d or persons of such castes: Provided further that the expiry of the period referred bove shall not affect the Constitution of a Gram PanProvided further that the expiry of the period referred to above shall not affect the Constitution of a Gram Pan- ayat existing at the time : to above shall not aff chayat existing at the time : Provided further that if Government is of the opinion the basis of population adopted for the purposes of Provided further that if Government is of the opinion that the basis of population adopted for the purposes of determi ing the representation of members belonging to that the basis of population adopted for the purposes of determi ing the representation of members belonging to cheduled Castes for any particular Gram Panchayat 1s determi ing the representation of members belonging to Scheduled Castes for any particular Gram Panchayat 1s incorrect, with the result that the requisite number of Scheduled Castes for any particular Gram incorrect, with the result that the requisite belonging to such castes is not elected, anchayat number of he Governincorrect, with the result that the requisite number of panches belonging to such castes is not elected, the Govern-ment may nominate the required number of duly qualified panches belonging to such castes is not elected, the Govern-ment may nominate the required number of duly qualified Act 1y, os’ rson or persons of such castes as additional Panches such nomination being made the number of anch rson or persons of such castes as additional Panches on such nomination being made the number of anche determined under sub-section (/) shall be deeme on such nomination being made the number of anche determined under sub-section (/) shall be deeme to have been increased by the number of panches ed under sub-section (/) shall be deeme to have been increased by the number of panches so Nominateg The number of the Panches so increased and their term of increased by the number of panches so Nominateg The number of the Panches so increased and their term of office shall cease to have any effect after the next lection The number of the Panches so increased and their term of office shall cease to have any effect after the next lection of the Gram Panchayat concerned, when the number of office shall cease to have any effect after the next lection of the Gram Panchayat concerned, when the number of Panches of that Gram Panchayat shall be determineq the Gram Panchayat concerned, when the number of Panches of that Gram Panchayat shall be determineq afresh under sub-section (/). | of that Gram Panc afresh under sub-section (/). r | No person who is not a member of the Sabha and " (a) is not qualified to be elected aS a member of the Legislative Assembly ; or not qualified to be elected aS the Legislative Assembly ; or has been convicted of any offence involving moral turpitude unless a period of five years has been convicted of any offence involving moral turpitude unless a period of five years has elapsed since his conviction ; Or ral turpitude unless a period of f ; (c) has been subjected to an order by a criminal court and which order in the opinion of Government has been subjected to an order by a criminal court and which order in the opinion of Government or of the officer to whom Government has and which order in the opinion of Government or of the officer to whom Government has delegated its powers of removal, implies a defect or of the officer to whom Government has delegated its powers of removal, implies a defect of character unfitting him to be a Sarpanch elegated its powers of removal, implies a defect of character unfitting him to be a Sarpanch or Panch, unless a period of five years h aracter unfitting him to be a Sarpanch or Panch, unless a period of five years has elasped since the date of order ; or r Panch, unless a period of five elasped since the date of order ; or (d) has been convicted of an election offence ; or A (e) has been ordered to give security for good be- haviour under section 110 of the Code of Crimihas been ordered to give security for good be- haviour under section 110 of the Code of Crimi- nal Procedure, 1898 ; or haviour under section 110 o nal Procedure, 1898 ; or (f) has been notified as disqualified for appointment in public service, except on medical grounds as been notified as disqualified for appointment in public service, except on medical grounds ; or in or (g) is a whole-time salaried servant of any local authority or State or the Union of India ; is a whole-time salaried servant of any l authority or State or the Union of India ; or EF a d d Joes ( . is . (h) 1s registered as habitual offend Habitual Offenders x Habitual i : Hecet lor ua : offend Offenders (Controland Reform eae any other : onee Habitual i : Offenders Hecet lorany other ef : ti (Controland Reform eae : onee Act for the time being in is an undischarged insolvent ; or _/ of (j) has not paid the arrears of the tax imposed by th Gram Panchayat ?[or the Panchayat Samiti]; r _/ of has not paid the arrears of the tax imposed by th Gram Panchayat ?[or the Panchayat Samiti]; r (kK) is an employee of Sabha or Gram Panchayat ; of '{(kk) is a member of either House of Parliament or of the Legislature of the Punjab State ; or] mber of either House of Parliamen of the Legislature of the Punjab State ; or] is a tenant or lessee holding a tenancy or lease under the Gram Sabha or is in arrears of rent enant or lessee holding a tenancy or lease under the Gram Sabha or is in arrears of rent of any lease or tenancy held under the Gram under the Gram Sabha or is in arrears of rent of any lease or tenancy held under the Gram Sabha, or is a contractor o nancy held under the Gram Sabha, or is a contractor of the Gram Sabha ; shall be entitled to stand for election as, or continue to be a Sarpanch or Panch : shall be entitled to sta Sarpanch or Panch : “(Provided that if, on the commencement of the Punjab m Panchayat (Amendment) Act, 1963, a member of "(Provided that if, on the commencement of the Punjab Gram Panchayat (Amendment) Act, 1963, a member of either House of Parliament or of the Legislature of the Punjab State is holding the office of a Sarpanch or Panch either House of Parliament or of the Legislature of the Punjab State is holding the office of a Sarpanch or Panch such member shall not be disqualified under clause (kk) to continue as a Sarpanch or Panch, as the case may be, for the term of his office : Provided further that a member of either House of iament or of the Legislature of the Punjab State may be Provided further that a member of either House of Parliament or of the Legislature of the Punjab State may be or Panch if, along with his nomination Parliament or of the Legislature of the Punjab State may be elected as a Sarpanch or Panch if, along with his nomination paper he gives a written undertaking to the effect that elected as a Sarpanch or Panch if, along with his nomination paper he gives a written undertaking to the effect that he shall resign his membership of either House of Parliapaper he gives a written undertaking to the effect that he shall resign his membership of either House of Parlia-ment or of the Legislature of the Punjab State, as the case he shall resign his membership of either House of Parlia-ment or of the Legislature of the Punjab State, as the case so resigns before taking the oath under ment or of the Legislature of the Punjab State, as the case may be, and so resigns before taking the oath under sub-section (J) of section 9.] may be, and so resigns be sub-section (J) of section 9.] (!)AGram Panchayat shall exercise powers as aN Powers and juris- . ss ae as diction of Gram a ab : is } a ities tie ¢ a a : } ities ¢ bhas 'Inserted by the Punjab Zila Prishads, Panchayat Samities and Gram Sa onstitution and Reorganisation) Order, 1969, Second Schedule 'Inserted ( Reconstitution and Reorganisation) Order, 1969, Second Schedule *Added by Act No. 19 of 1963. onstitution and Reorganisation) *Added by Act No. 19 of 1963. *Clause (kk) inserted by ibid, *Added by ibid, *Clause (kk) in *Added by ibid, [1953 - Pb. in Schedule I-B. (3) When enhanced esentatives of a gr (3) When representatives Panchayats con enhanced powers are to be Conferreg of a group of Panchayats, the Panches of ncerned, shall e representatives ers are to be Conferreg of a group of Panchayats, the Panches of the Panchayats concerned, shall elect five Adaltj Panches from amongst themselves by of Panchayats, the Panches of th Panchayats concerned, shall elect five Adaltj Panches from amongst themselves securing the highest by direct Voting, the f ive P h nu amongst themselves securing the highest been elected and such all elect five Adaltj Panches by direct Voting, the f ive P number of votes being deemeg t ha securing the highest been elected and such n from amongst themsel by direct Voting, the f ive P number of votes being deemeg ton Panchcs Shall elect an Adalti Sarpac een elected and such from amongst themselves Panch (4) The Adalti number of votes being deemeg ton lves Panchcs Shall elect an Adalti Sarpach in the manner Prescribed. hcs Shall elect an Adalti Sa in the manner Prescribed. hes elected as (2) [he Government tt. jy shall have powers to conte lected representatives conte : have powers to conte any Gram Panchayat or elected representatives me : Upon of Gram Panchayats, enhanced Powers. or elected represent of Gram Panchayats, enhanced Powers. or representatives shall Such Pane Broup of Gram Panchayats, enhanced Powers. Such Pane Broup or representatives shall have Jurisdiction Over matte aYats down in Schedule I-B. TS Jaig or representatives shall down in Schedule I-B. (3) W aYats TS Jaig exercise (4) and sha ise (4) the The h the The e enhanced Adalti ve jurisdi elves in the manner Prescribed. nhanced Adalti Panches elected as aforesaid Shall powers referred to in sub-section (2) xercise the enhanced and shall have jurisdiction power of the Panchayats Concerne Panches elected as aforesaid Shall tion powers referred to in sub-section (2) over the combined Sabha areas and shall have juri of the Panchayats Shall together be kn s referred to in sub-section (2) over the combined Sabha areas ed, and when a Cting as suc sdiction of the Panchayats over Concerned, Shall together be known as an (5) No proce s the combined Sabha areas Concerned, and when a Cting as such known as an Adalti Panchayat. edin g of rned, and when a Cting as an Adalti Panchayat. f a Gram Panchayat or anchayat (5) No acancy together be uch known as an Adalti Panchayat. hayat (5) No proceedin g of a Gram Panchayat or an Adalti shall be invalid for the mere fact of there being a anchayat vacancy amongst shall be