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State of Sikkim - Section

Section 54 in Sikkim Panchayat Act, 1993

54. Adhakshya & Up-Adhakshya.

(1)Every Zilla Panchayat shall,at its first meeting in which a quorum is present,elect in such manner as the State Government may, by Notification specify election of its members to be the Adhakshya and the other member to be the Up-Adhakshya of the Zilla Panchayat.Provided that the members referred to in clause (c) of sub-section (1) of section 50 shall not be eligible for such election,nor shall they have any voting rights thereof.
(2)The State Government shall,by notification reserve :-
(a)such number of offices of Adhakshya and Up-Adhakshaya of Zilla Panchayat the State for the persons belonging to the Scheduled Castes and the Scheduled Tribes And the numbers of such offices bearing as nearly as may be the same proportion to the total number of offices in the State as the population of the Scheduled Caste in the State or of the Scheduled Tribes in the State bears to the total population of the State;
(b)not less then one-third of the total number of officers of Adhakshya and Up-Adhakshya in the State from each category reserved for persons belonging to the Scheduled Castes, the Scheduled Tribes and those which are not reserved, for women;
Provided that the offices reserved under this sub-section shall be allotted by rotation to different Zilla Panchayat.Explanation. - For the removal of doubts it is hereby declared that the principle of rotation for the purposes of reservation of offices under this sub-section shall commence from the first election to be held after the commencement of this Act.
(3)The Adhakshya and Up-Adhakshya shall, subject to the provisions of section 64 and to their continuing as members, hold office for a period of five years.
(4)When :-
(a)the office of the Adhakshya falls vacant by reason of death, resignation, removal or otherwise; or
(b)the Adhakshya is, by reason of leave, illness or other cause, temporarily unable to act, the Up-Adhakshya shall exercise the powers, perform the functions and discharge the duties of the Adhakshya until new Adhakshya is elected and assumes office or Until the Adhakshya resumes his duties, as the case may be.
(5)When:-
(a)the office of the Up - Adhakshya falls vacant by reason of resignation, removal or otherwise; or
(b)the Up-Adhakshya is, by reason of leave, illness, or other cause, temporarily unable to act,the Adhakshya shall exercise the powers perform the functions and discharge the duties of the Up-Adhakshya until a new Up-Adhakshya is elected as assumes office or until the Up-Adhakshya resumes his duties as the case may be.
(6)When the offices of the Adhakshaya and the a Up-Adhakshya are both vacant or the Adhakshya and the Up-Adhakshya are temporarily unable to act, the Prescribed Authority may appoint an Adhakshaya and Up-Adhakshya from among the members of the Zilla Panchayat to act as such until an Adhakshaya and Up-Adhakshaya are elected and assumes office or until the Up-Adhakshya resume his duties,as the case may be.