TRIPURA PANCHAYATS (FIRST
AMENDMENT) ACT, 1994 THE TRIPURA PANCHAYATS (FIRST AMENDMENT) ACT, 1994 AN ACT to amend the Tripura Panchayats Act, 1993. Be it enacted by the
Tripura Legislative Assembly in the Forty fifth Year of the Republic of India
as follows :? (1)
This Act may be called "The Tripura panchayats (First
Amendment) Act, 1994." (2)
It shall come into force at once. In the Tripura Panchayats
Act, 1993 (hereinafter referred to as the Principal Act), in Section 27, ? (i)
both the first and the second proviso of Sub-section (5) shall be
deleted (ii)
in sub-section (5) the following words shall be added at the end,
namely,"and the person presiding, if he is Pradhan, Upa Pradhan or an
elected member, shall have right to vote." In the Principal Act, for
sub-section (2) of section 42 the following sub-section shall be substituted,
namely :? "(2) If any difference
of opinion arises between the constituent Gram Panchayats under this Section it
shall be referred to the concerned ParchayatSamiti or Samities and their
decision thereon shall be binding on each of the constituent Gram
Panchayats." In the Principal Act in
sub-section (I) of Section 74 for the word "Constitution" in the
fourth line, the words "thereunder before such date as the State Election
Commission in consultation," shall be inserted. In the Principal Act, in
Section 87,? (i)
both the first and the second proviso of sub-section (5), shall be
deleted, (ii)
In sub-section (5) the following words shall be added at the end,
namely"and the person presiding shall have a right to vote." In Section 109 of the
Principal Act,? (i)
in sub-section (1) for the words "the Panchayat Samiti may
frame regulations," the words "the State Government may make rules'',
shall be substituted- (ii)
after sub-section (5) a new sub-section shall be added namely :? "(6) The President and
members shall be paid out of the Panchayat Samiti fund Such siting fees and the
President shall be entitled to leave of absence for such period or periods and
on such terms and conditions, as the State Government may, by order direct or
may, by rules, made in this behalf, prescribe." In the Principal Act, in
Section 139,? (i)
both the first and the second proviso to sub-section (4) shall be
deleted ; (ii)
in sub-section (4), the following words shall be added at the end
namely ;"and the person presiding shall have right to vote." After sub-section (2) of
Section 191 a new sub-section shall be added namely ;? "(3)
No person shall be a member simultaneously of a Panchayat Samiti or a
ZillaParishad. If a person is elected to Panchayat Samiti and ZillaParishad or being
a member of one body is subsequently elected as member of another, he shall,
before taking his seat in either of the two or in the body where he is
subsequently elected, submit resignation from the office of member of the
other. If he fails to do so, scats both at Panchayat Samiti and ZillaParishad
to which he is elected or as the case may be, to which he is subsequently
elected shall be deemed to have become vacant.'' In the Principal Act after
Section 210 the following new Section shall be inserted namely :? (1)
If any dispute arises as to the validity of the election petition
and of a member of a Gram Panchayat, Panchayat Samiti or procedure
ZillaParishad, any candidate or any person entitled to vote at such election
which is in dispute, may within sixty days from the date of declaration of
results of such election present in person a petition calling in question such
election before the Panchayat Election Tribunal having jurisdiction constituted
under Section 198 and at the same time deposit in the Tribunal such fee as may
be prescribed being the costs likely to be incurred. (2)
No election of any member of a Gram Panchayat, Panchayat Samiti or
ZillaParishad shall be called in question except on any one or more of the
following grounds, namely :-- (a)
that on the date of election the returned candidate was not
qualified or was disqualified to be chosen to fill the seat of the Gram
Panchayat or, as the case may be, the Panchayat Samiti or the ZillaParishad ; (b)
that any corrupt practice as defined in Section 210 has been
commited by the returned candidate or the election Agent or by any person with
the consent of the returned candidate or his election Agent ; (c)
that the result of the election, in so far as it concerned the
returned candidate, has been materially affected :? (d) by
improper acceptance or rejection of any nomination ; or (e) by
improper acceptance of rejection of any vote ; or (f) by
declaring election result on the basis of wrong counting of votes ; or (g) by any
gross noncompliance of the provisions of this Act or the Rules or orders made
thereunder ; or (h)
by commission of such offences as may be prescribed".
Preamble - THE TRIPURA PANCHAYATS (FIRST AMENDMENT) ACT, 1994PREAMBLE