AJK Local Government Amendment 1990

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR
Law, Justice, Parliamentary Affairs and Human Rights Department

“Muzaffarabad”
Dated: 28.06.2021
No. LD/Legis-Act/499-513/2021. The following Act, passed by the Azad
Jammu and Kashmir Legislative Assembly on 28th day of May, 2021 and
received the assent of the President on the 15th day of June, 2021, is hereby
published for general information.
[Act XXVII of 2021]
An
Act
further to amend the Azad Jammu and Kashmir Local Government Act,
1990

Whereas, it is expedient further to amend the Azad Jammu and
Kashmir Local Government Act, 1990 (Act VII of 1990), for the purposes
hereinafter appearing;
It is hereby enacted as follows:-

1. Short title and Commencement.- (1) This Act may be called the
   Azad Jammu and Kashmir Local Government (Amendment) Act, 2021.
   (2) It shall come into force at once.
2. Amendment of Section 2,Act VII of 1990.- In the Azad Jammu and
   Kashmir Local Government Act, 1990 (Act VII of 1990), hereinafter
   referred to as the said Act, in Section 2,-
   (i) clause(xi) shall be omitted;
   (ii) after clause (lxvii) new clause (lxviii) shall be added as under,-
   “(lxviii) “Youth” means a person having age between 18-35
   years;”
3. Amendment of Section 5, Act VII of 1990.- In the said Act, in
   Section 5, existing section shall be renumbered as subsection (1) and
   thereafter following amendments shall be made,-
   (i) clause (a) of subsection (1), as renumbered above, shall be
   omitted; and
   (ii) after subsection (1), following new subsection (2) shall be
   added,-
   Page 2 of 3
   “(2) As far as practicable, variation in population for local
   council shall not ordinarily exceed 10%:
   Provided that, if the limit of 10% exceeds in an
   exceptional case, the authority shall record reasons thereof in
   the delimitation order.”
4. Amendment of Section 8, Act VII of 1990.- In the said Act, in
   Section 8, after sub-section (1) following new sub-section (1-a) shall be
   added:-
   “(1-a) The women and youth members equal to 12.5%each of the total
   number of seats, subject to minimum of four i.e., two women
   and two youth, shall be elected by the directly elected members
   of the Union Council.
5. Amendment of Section 9, Act VII of 1990.- In the said Act, in
   Section 9, sub-section (4)shall be substituted as follows:-
   “(4) The women and youth members equal to 12.5% each of the total
   number of seats, subject to minimum of four i.e., two women and two
   youth, shall be elected by the directly elected members of the district
   council.
   Explanation: For working out the number of women and youth
   members mentioned in this sub-section, a fraction of 0.5 and above
   shall be counted as one.”
6. Omission of Section 10, Act VII of 1990,- In the said Act, Section
   10, shall be “omitted”
7. Amendment of Section 11, Act VII of 1990.- In the said Act, in
   Section 11, after sub-section (1) following new sub-section (1-a) shall
   be added:-
   “(1-a) The women and youth members equal to 12.5% each of the total
   number of seats, subject to minimum of four i.e., two women
   and two youth, shall be elected by the directly elected members
   of the town committee.”
8. Amendment of Section 12, Act VII of 1990.- In the said Act, in
   Section 12, sub-section (4) shall be substituted as follows:-
   Page 3 of 3
   “(4) The women and youth members equal to 12.5% each of the total
   number of seats, subject to minimum of four i.e., two women and two
   youth, shall be elected by the directly elected members of the
   Municipal Committee.
   Explanation: For working out the number of women and youth
   members mentioned in this sub-section, a fraction of 0.5 and above
   shall be counted as one.”
9. Amendment of Section 12-A, Act VII of 1990.- In the said Act, in
   Section 12-A, sub-section (4) shall be substituted as follows:-
   “(4) The women and youth members equal to 12.5% each of the total
   number of seats, subject to minimum of four i.e., two women and two
   youth shall be elected by the directly elected members of the
   Municipal Corporation.
   Explanation: For working out the number of women and youth
   members mentioned in this sub-section, a fraction of 0.5 and above
   shall be counted as one.”
10. Amendment of Second Schedule, Act VII of 1990.- In the said Act,
    in the Second Schedule,-
    (i) in Part I, in clause (b) of entry no.
11. 1, for the words “twenty-one”
    the words “eighteen” shall be substituted;
    (ii) in Part II, in entry no. 3, after the word “age” the words “and
    having Secondary School Certificate or equivalent, from a
    recognized board,” shall be added.