RAJASTHAN PANCHAYAT LAWS (AMENDMENT) ACT, 1970

Act No. 07 of 1970

29th April, 1970

An Act further to amend the Rajasthan Panchayat Act, 1953 and the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959. Be it enacted by the Rajasthan State Legislature in the Twenty-first Year of the Republic of India, as follows:--

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S.1 Short title

This Act may be called the Rajasthan Panchayat Laws (Amendment) Act, 1970.

S.2 Amendment of section 16, Rajasthan Act 21 of 1953

Clauses (iii), (v), (vii), (viii) and (xi) of sub-section (1) of section 16 of the Rajasthan Panchayat Act, 1953 (Rajasthan Act 21 of 1953), hereinafter referred to as the principal Act, shall be omitted.

S.3 Amendment of section 17, Rajasthan Act 21 of 1953

(1) In proviso to sub-section (4) of section 17 of the principal Act, the word "only" shall be omitted.

(2) In sub-section (4-B) of section 17 of the principal Act, for the words "three years", the words "five years" shall be substituted.

(3) After sub-section (4-B) of section 17 of the principal Act, the following new proviso shall be added:--

"Provided that if any such Panch, Sarpanch or Up-sarpanch against whom the findings have been recorded is holding an elective office or appointed to hold such office under the provisions of this Act or the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 at the time of such recording of findings shall be considered to have become disqualified to hold such office under sub-section (j) of section 11."

S.4 Amendment of section 23, Rajasthan Act 21 of 1953

For section 23 of the principal Act, the following section shall be substituted, namely:--

"23. Appointment of Secretary or Group Panchayat Secretary and other staff.--

(1) Subject to the provisions of this Act and rules made thereunder:--

(a) there shall be for every Panchayat a Secretary or a Group Panchayat Secretary for a group of Panchayats who shall be appointed in the prescribed manner;
(b) every Panchayat may, with the previous approval of the Panchayat Samiti, appoint such other staff as may be necessary for carrying out the duties imposed on it by or under this Act on such conditions of service as may be prescribed.

(2) It shall be the duty of the Secretary of every Panchayat or a Group Panchayat Secretary, subject to the control of the Sarpanch:--

(a) to keep the records and registers of the Panchayat in his custody;
(b) to issue receipts under his signature for sums of money received on behalf of th

S.5 Amendment of section 40, Rajasthan Act 37 of 1959

(1) In sub-section (3) of section 40 of the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959), hereinafter referred to as the Panchayat Samitis and Zila Parishads Act, for the words "three years" the words "five years" shall be substituted.

(2) In sub-section (4) of section 40 of the Panchayat Samitis and Zila Parishads Act, the word 'only' shall be omitted and the following new proviso shall be added:--

"Provided that if any such Pradhan, Up-Pradhan or member against whom the findings have been recorded is holding an elective office or appointed to hold such office under the provision of this Act or Rajasthan Panchayat Act, 1953 at the time of such recording of findings shall be considered to have become disqualified to hold such office under sub-sections (k) and (l) of section 15 as the case may be."