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Extraordinary Gazette of India, 1992-01-09, Extra Ordinary PDF

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Preview Extraordinary Gazette of India, 1992-01-09, Extra Ordinary

afweat Ho ( 31Q + ) 127/ 88 REGISTERED NO. D (DN ) 127/ 88 ST - -. ... O Pighva भारतको राजपत्र The Gazette of Jadia TITUT EXTRAORDINARY ATT II - 1 PART II — Section 1 प्राधिकार से प्रकाशित PUBLISHED BY AUTHORITY - - . 3 ] frent, acf:TT , Mall 9 , 1992 /474 19, 1913 No. 3 ] NEW DELHI, THURSDAY , JANUARY 9 , 1992/ PAUSA 19 , 1913 - - = = - = : : : . - - - - - इस भाग में भिन्न पृष्ठ संख्या वो आतो है जिससे कि यह प्रलग संकलन के रूप में रखा जा सके । Separate paging is given to this part in order that I may be filled # 9 a separate compilation . - - - - MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 9th January , 1992 /Pausa 19, 1913 ( Saka) The following President's Act is published for general information : - -- THE PUNJAB PANCHAYAT SAMITIS AND ZILA PARI SHADS ( TEMPORARY SUPERSESSION ) AMENDMENT ACT , 1992 No. 1 of 1992 Enacted by the President in the Forty -second Year of he Republic of India . An Act further to amend the Punjab Panchayat Samitis and Zila Parishads ( Temporary Supersession ) Act, 1978 . In exercise of the powers conferred by section 3 of the Punjab State 24 of 1987. Legislature ( Delegation of Powers ) Act, 1987 , the President is pleased to enact as follows:- - 1. This Act may be called the Punjab Panchayat Samitis and Zila Short title . Parishads ( Temporary Supersession ) Amendment Act , 1992 . 2 . In the Punjab Panchayat Samitis and Zila Parishads ( Temporary Amond Supersession ) Act, 1978 , in section 3 , in the proviso to sub -section ( 1 ) , ment of for the words " thirteen years and three months" , the words " thirteen section 3 of years and nine months" shall be substituted . Punjab Act 29 of R . VENKATARAMAN , 1978 . President. V . S . RAMA DEVI, ( 1 ) Secy. to the Govt. of India . THE GAZETTE OF INDIA EXTRAORDINARY [PART II V ILL . V- - R- - - -- 4 - - - - - - - - - - - - - - - - - - - - Reasons for the enactment The Panchayat Samitis and Zila Parishads in the State were superseded by the Punjab Panchayat Samitis and Zila Parishade ( Temporary Supersession ) Act, 1978 on the 12th October , 1978 for one year. This period had to be extended from time to time for one reason or the other . The present supersession period expires on the 11th January , 1992. 2. Sixteen members of a Panchayat Samiti are taken from the Gram Panchayat falling within the jurisdiction of a Panchayat Samiti. The normal term of the Gram Panchayats had expired in October , 1988 . The elections to this tier of the Panchayati Raj Bodies are due . The Government proposed to hold elections to the Gram Panchayats in January, 1990, but due to law and order problems in the State these elections could not be held . If the elections to the Panchayat Samitis and Zila Parishady are held now without holding the elections to the Gram Panchayats , most of the Panches and Sarpanches may lose their basic qualification to remain members of the Panchayat Samitis if they are not returned on the Gram Panchayats during general elections to the Gram Panchayats, if held later . In such a situation , the Panchayat Samitis and Zila Parishads would become defunct. Thus, it is desirable to hold elections to these bodies after the general elections to the Gram Panchayats so that the new Gram Panchayats are represented in the Panchayat Samitis and Zila Parishads and the term of all the three tiers of the Panchayati Raj Institutions may be co - terminus. It generally takes about two months to hold Gram Panchayat elections . Thereafter , a period of more than four -and -a -half months is required to conduct elections to the Panchayat Samitis and Zila Parishads after observing all the legal formalities . . 3. It has , therefore , been decided that the period of temporary supersession may be extended for another six months by amending the Punjab Panchayat Samitis and Zila Parishads ( Temporary Supersession ) Act , 1978 (Punjab Act 29 of 1978 ) by a Presidential enactment . 4 . Parliament had , under article 357 ( 1 ) ( a ) of the Constitution , con ferred on the President the power of he Legislature of the State of Punjab to make laws vide the Punjab State Legislature (Delegation of Powers ) Act, 1987 ( 24 of 1987) . 5 . Under the proviso to sub -section (2 ) of section 3 of the Punjab State Legislature (Deelgation of Powers ) Act, 1987, the President shall, before enacting any President's Act, whenever he considers it practicable to do so , consult a Committee constituted for the purpose consisting of members of both the Houses of Parliament. As the permissible period of supersession of the Punjab Panchayat Samitis and Zila Parishada under the Punjab Panchayat Samitis and Zila Parishads ( Temporary Supersession ) Act, 1978 expires on the 11th January , 1992 and as the Sec. 1 ] THE GAZETTE OF INDIA EXTRAORDINARY amendnig Act, ought to come into force on the 12th January , 1992, it is not practicable to consult the aforesaid Committee prior to the enact ment of this Bill. The measure is , accordingly , being enacted without reference to the aforesaid Committee , S . R . SANKARAN , Secy , to the Govt. of India . Ministry of Rural Development . PRINTED BY THE MANAMER , GOVBRNMENT OF INDIA PRESS , MINTO ROAD , NEW DELA AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1992

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