HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994

HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994

Preliminary (ACT NO. 4 OF 1994)¹

S.1 Short title, extent

S.2 Definitions.

S.3 Declaration of Sabha area.

S.3(a) 1[3-A. Diminution of the Sabha area not to affect the term of certain office bearers.

S.4 Establishment of Gram Sabha.

S.5 Meetings and quorum of Sabha.

S.5(a) 1[5-A. Agenda.

S.5(b) 1[5-B. Constitution of Mahila Gram Sabha.

S.6 Defect or omission in enrolment of members not to vitiate act or proceedings of the Gram Sabha.

S.7 Functions of Gram Sabha.

S.7(a) 1[7-A. Constitution of the Up-Gram Sabha.

S.8 Constitution of Gram Panchayats.

S.9 Meetings of Gram Panchayat.

S.10 Maintenance of Gram Panchayat records etc.

S.11 Functions of Gram Panchayat.

S.12 Power of removal of encroachments and nuisance.

S.13 Power to make general orders.

S.14 Control on erection of buildings.

S.15 1[15. Penalty for disobedience of a special or general order of the Panchayat.

S.16 Power to enquire and make report about misconduct of certain officials.

S.17 Power to contract for the collection of taxes and other dues.

S.18 Power to introduce prohibition.

S.19 Power of entry and inspection.

S.20 Power to manage fairs and markets.

S.21 Power over waterways etc.

S.22 Powers regarding naming of streets and numbering of buildings.

S.23 1[23. Constitution and functions of Standing Committees.

S.24 Joint Committee.

S.25 Work to be entrusted to Joint Committee or Panchayat Samiti.

S.26 Maintenance and improvement of Schools, hospitals and dispensaries.

S.27 Establishment of School, hospital or dispensary for group of Panchayats.

S.28 Assistance to the Government servants.

S.29 Power to take over management of institutions etc.

S.30 Bar for Panches to take part in certain cases.

S.31 Territorial jurisdiction.

S.32 Offences cognizable by Gram Panchayat.

S.33 Penalties

S.34 No cognizance by Courts.

S.35 Transfer of criminal proceedings to the Gram Panchayat in certain cases.

S.36 Summary disposal of complaint.

S.37 Return of complaints.

S.38 Certain persons not to be tried by the Gram Panchayat.

S.39 Compensation to the accused.

S.40 Enquiry in cases forwarded by a Magistrate.

S.41 Extent of jurisdiction.

S.42 Extension of jurisdiction by agreement of parties.

S.43 Application for transfer of cases from one Gram Panchayat to another Gram Panchayat.

S.44 Exclusion of Gram Panchayat jurisdiction.

S.45 Suit to include the whole claim.

S.46 Limitation.

S.47 Effect of decision by Gram Panchayat.

S.48 Proceeding under section 46 of the Himachal Pradesh Land Revenue Act.

S.49 Procedure in revenue proceedings.

S.50 Resjudicata.

S.51 Double jeopardy.

S.52 Concurrent jurisdiction.

S.53 Institution of suits and cases.

S.54 Recording of substance of the complaints and application and appointment of benches.

S.55 Absence of parties in cases and suits.

S.56 Gram Panchayat not to revise or alter its decision.

S.57 No legal practitioner to appear.

S.58 Appearance in person or by representative.

S.59 Compromise.

S.60 Procedure and power to ascertain truth.

S.61 Majority to prevail.

S.62 Dismissal of suits etc.

S.63 Summons to defendant or accused.

S.64 Failure of the accused to appear.

S.65 Issue of summons to witnesses.

S.66 Penalties for failing to appear before the Gram Panchayat.

S.67 Appeal.

S.68 Finality of decree or order of the Gram Panchayat.

S.69 Frivolous appeals.

S.70 Payment or adjustment of decree to be recorded.

S.71 Execution of decrees.

S.72 Recovery of fines.

S.73 Protection to Gram Panchayats.

S.74 Duty of police towards Gram Panchayats.

S.75 Proceeds of fee and fines etc.

S.76 Conviction by Gram Panchayat not to be a previous conviction.

S.77 Establishment of Panchayat Samiti.

S.78 Constitution of Panchayat Samiti.

S.79 Election of Chairman and Vice-Chairman of Panchayat Samiti.

S.80 Meetings.

S.81 Functions of the Panchayat Samiti.

S.82 Entrustment of certain functions of State Government to a Panchayat Samiti.

S.83 Power of the State Government in relation to functions of Panchayat Samiti.

S.84 Standing Committees.

S.85 Functions of the Standing Committees.

S.86 Procedure of Standing Committees.

S.87 Consultative Committees.

S.88 Establishment of Zila Parishad.

S.89 Constitution of Zila Parishad.

S.90 Election of the Chairman and Vice-Chairman.

S.91 Meetings of Zila Parishad.

S.92 Functions of the Zila Parishad.

S.93 Entrustment of certain functions of State Government to a Zila Parishad.

S.94 Power of the State Government in relation to functions of Zila Parishad.

S.95 Standing Committees.

S.97(a) Application of this Chapter.

S.97(b) Declaration of village in scheduled areas.

S.97(c) Functions of Gram Sabha.

S.97(d) Reservation of seats of office bearer in Panchayats.

S.97(e) Nomination of persons.

S.97(f) Acquisition of land in the scheduled areas.

S.97 Management of minor water bodies in the scheduled areas.

S.97(h) Minor minerals in the scheduled areas.

S.97(i) Powers and functions of Gram Panchayats and Panchayat Samitis.

S.98 Finance Commission for Panchayats.

S.99 Panchayat Fund.

S.100 1[100. Levy of taxes, duty, cess and fees by Gram Panchayats.

S.101 Special tax for community services.

S.102 Commutation of tax by labour.

S.103 Local rate.

S.104 Levy of taxes by Panchayats.

S.105 Power of State Government to regulate taxes.

S.106 Power of State Government in regard to relief in taxes.

S.107 Assignment of funds to Panchayats.

S.108 Grants-in-aid to Panchayats.

S.109 Disbursement of local rate and stamp duty amongst Panchayats.

S.110 Power of Panchayat to borrow money.

S.111 State Government may vest certain property in Panchayats.

S.112 Transfer of immovable property.

S.113 Mode of executing contracts.

S.114 Penalty for evasion.

S.115 1[115. Recovery of arrears.

S.116 Appeal against taxation.

S.117 Budget and annual accounts.

S.118 1[118. Audit of Panchayats.

S.119 Incorporation of Panchayats.

S.120 Duration of Panchayats.

S.121 Qualification to vote and to be a candidate.

S.121(a) 1[121-A. Account of election expenses and maximum limit thereof.

S.121(b) Lodging of account.

S.122 Disqualifications.

S.123 Bar to hold more than one office.

S.124 1[124. Territorial Constituencies.

S.125 Reservation for Chairpersons.

S.126 Publication of names of office bearers of Panchayats.

S.127 Oath or affirmation of allegiance.

S.128 First meeting and term of office.

S.129 No confidence motion.

S.130 Resignation by office bearers.

S.131 Casual vacancies.

S.132 Defect or irregularity not to vitiate proceedings.

S.133 Appointment of Secretary of Gram Panchayat.

S.134 1[134.- Appointment of Chief Executive Officer and Secretary of Panchayat Samiti and Zila Parishad.

S.135 Other Officers and servants of Panchayats.

S.136 Deputation of Government servants.

S.137 Inspection and access to Panchayat records.

S.138 Power to suspend execution of orders, etc.

S.139 Power of State Government to issue order directing Panchayat for execution of works in certain cases.

S.140 Power of State Government to dissolve Panchayats for default, abuse of power, etc.

S.141 Inquiry into affairs of Panchayats.

S.142 Liability of office bearers etc., for loss, misappropriation.

S.143 Disputes between Panchayats and other local authorities.

S.144 Power to recover records 1[and articles].

S.145 Suspension of office bearers of Panchayats.

S.146 Removal of office bearers of Panchayats.

S.147 Power to call for record.

S.148 Appeal and revision.

S.149 Penalty for acting as member, Pradhan, Up-Pradhan, Chairman, Vice-Chairman when disqualified.

S.150 Penalties for interested members voting.

S.151 Penalty for acquisition by a member, office bearer or servant of interest in contracts.

S.152 Wrongful restraint of officers etc.

S.153 Prohibition against obstruction of member of Panchayats.

S.154 Prohibition against removal or obliteration of notice.

S.155 Penalty for not giving information or giving false information.

S.156 Prohibition of bidding.

S.157 Procedure to make good the damage to any Panchayat.

S.158 Penalty for tampering with the Panchayat property.

S.158(a) Promoting enimity between classes in connection with the election.

S.158(b) Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll.

S.158(c) Disturbances at election meetings.

S.158(d) Restrictions on the printing of pamphlets, posters, etc.

S.158(e) Maintenance of secrecy of voting.

S.158(f) Officers etc., at elections not to act for candidates or to influence voting.

S.158(g) Prohibition of canvassing in or near polling stations.

S.158(h) Penalty for disorderly conduct in or near polling stations.

S.158(i) Penalty for misconduct at the polling station.

S.158(j) Penalty for failure to observe procedure for voting.

S.158(k) Penalty for illegal hiring or procuring of conveyance at elections.

S.158(l) Breaches of official duty in connection with elections.

S.158(m) Penalty for Government Servants for acting as election agent, polling agent or counting agent.

S.158(n) Prohibition of going armed to or near a polling station.

S.158(o) Removal of ballot papers from polling station to be an offence.

S.158(p) Offence of booth capturing.

S.158(q) Grant of paid holiday to employees on the day of poll.

S.158(r) Liquor not to be sold, given or distributed on Polling day.

S.158(s) Other offences and penalties therefor.

S.159 Definitions.

S.160 State Election Commission.

S.160(a) 1[160-A. Requisitioning of premises, vehicles, etc., for election purposes.

S.160(b) Payment of compensation.

S.160(c) Release of premises from requisition.

S.160(d) Delegation of functions of the State Government with regard to requisitioning.

S.160(e) Deputation of staff and punishment on breach of official duty.

S.161 Officers authorised to hear election petitions.

S.162 Election petitions.

S.163 Presentation of petition.

S.163(a) 1[163-A. Parties to the petition.

S.164 Contents of petition.

S.165 Procedure on receiving election petition.

S.166 Withdrawal and transfer of petitions.

S.167 Procedure before the authorised officer.

S.168 Appearance before the authorised officer.

S.169 Power of the authorized officer.

S.170 Documentary evidence.

S.171 Secrecy of voting not to be infringed.

S.172 Answering of incriminating questions and certificate of indemnity.

S.173 Expenses of witnesses.

S.174 Decision of the authorised officer.

S.175 1[Grounds for declaring elections to be void].

S.175(a) 1[175-A. Grounds for which a candidate other than the elected person may be declared to have been elected.

S.175(b) Procedure in case of equality of votes.

S.176 Abatement of election petitions.

S.177 Costs and payment thereof out of security deposits and return of such deposits.

S.178 Execution of orders as to costs.

S.179 179. 1[xxxxxxxxxxxxxxxxxx]

S.180 Corrupt practices.

S.181 1[181. Appeals.

S.182 Bar of interference by Courts in election matters.

S.183 Power to make rules for conduct of elections.

S.184 1[184. Preparation of Development Plans.

S.185 District Planning Committee.

S.186 Power to make rules.

S.187 Bye-laws.

S.188 Model bye-laws.

S.189 Delegation of powers.

S.190 Members and servants of Panchayat to be public servants.

S.191 Indemnity for acts done in good faith.

S.192 Certain suits against members, office bearers etc. to be defended at the cost of Panchayat.

S.193 Bar for suit in absence of notice.

S.194 Method of service.

S.195 Proceedings and record of Panchayats open to inspection.

S.196 Prohibition of remuneration to members.

S.197 Panchayat in default of owner or occupier may execute work and recover expenses.

S.198 Acquisition of land.

S.199 Power to remove difficulties.

S.200 Repeal and savings.

Sch.I 1[SCHEDULE-I

Sch.II [See sections 11(2), 83 and 94]

Sch.IV (See Section 46)

Sch.V (See Section 127)

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