BIHAR PANCHAYAT RAJ (AMENDMENT) ORDINANCE, 2021

[Ordinance No. 03 of 2021]

PREAMBLE

Whereas, The Legislature of the State of Bihar is not in session; And, Whereas, The Governor of Bihar is satisfied that the circumstances exist which render it necessary for him to take immediate action to amend the Bihar Panchayat Raj Act, 2006 (Act 6, 2006), in the manner hereinafter appearing;

Now Therefore, in exercise of the powers conferred by Clause (1) of Article 213 of Constitution of India, the Governor of Bihar is pleased to promulgate the following Ordinance;-

Ordinance 1. Short title, extent and commencement.

(i)       This Ordinance may be called the Bihar Panchayat Raj (Amendment) Ordinance, 2021

(ii)      It shall extend to whole of the State of Bihar excepting the areas to which the provisions of the Bihar Municipal Act, 2007 (Bihar Act No. 11 of 2007) or Cantonment Act, 1924, (Act II of 1924) apply.

(iii)     It shall come into force from date of publication in Official Gazette.

Ordinance 2. Amendment of Section 14 of the Bihar Panchayat Raj Act, 2006 (Act 6 of 2006).

A new sub-section (5) shall be added after sub-section (4) of Section 14 of the said Act as following:-

"(5) If for any reason, it is not possible to hold the general election of a Gram Panchayat before the expiry of a period of five years specified in sub-section (1) of Section 14, the Gram Panchayat shall stand dissolved on the expiration of the said period and all the powers and functions vested in the Gram Panchayat under this Act or under any other law for the time being in force shall be exercised or performed by an Advisory Committee which the State Government may, by notification, constitute for this purpose."

Ordinance 3. Amendment of Section 39 of the Bihar Panchayat Raj Act, 2006 (Act 6 of 2006).

A new Sub section (5) shall be added after sub-section (4) of Section 39 of the said Act as following:-

"(5) If for any reason, it is not possible to hold the general election of a Panchayat Samiti before the expiry of a period of five years specified in sub-section (1) of section 39, the Panchayat Samiti shall stand dissolved on the expiration of the said period and all the powers and functions vested in the Panchayat Samiti under this Act or under any other law for the time being in force shall be exercised or performed by an Advisory Committee which the State Government may, by notification, constitute for this purpose."

Ordinance 4. Amendment of Section 66 of the Bihar Panchayat Raj Act, 2006 (Act 6 of 2006).

A new Sub section (5) shall be added after sub-section (4) of Section 66 of the said Act as following:-

"(5) If for any reason, it is not possible to hold the general election of a Zila Parishad before the expiry of a period of five years specified in sub-section (1) of section 66, the Zila Parishad shall stand dissolved on the expiration of the said period and all the powers and functions vested in the Zila Parishad under this Act or under any other law for the time being in force shall be exercised or performed by an Advisory Committee which the State Government may, by notification, constitute for this purpose."

Ordinance 5. Amendment of Section 92 of the Bihar Panchayat Raj Act, 2006 (Act 6 of 2006).

A new Sub section (4) shall be added after sub-section (3) of Section 92 of the said Act as following:-

"(4) If for any reason, it is not possible to hold the general election of a Gram Katchahry before the expiry of a period of five years specified in sub-section (1) of section 92, the Gram Katchahry shall stand dissolved on the expiration of the said period and all the powers and functions vested in the Gram Katchahry under this Act or under any other law for the time being in force shall be exercised or performed by an Advisory Committee which the State Government may, by notification, constitute for this purpose."