The Himachal Pradesh Panchayati Raj Act, 1994

Keyword(s):
Backward Classes, Block, Built Area, Common Land, Gram Panchayat, Gram Sabha Land , Land Holder, Land Revenue, Municipality, Office-barrier,Panchayat Forest, Panchayat Samiti, Water-Course, Zila Parishad
Amendments appended: 10 of 1997, 1 of 1998, 18 of 2000, 4 of 2001, 22 of
2001

The-Himachal-Pradesh-Panchayati-Raj-Act-1994 Download

TATIVE ENGLISH TEXT
THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER –I
PRELIMINARY

Short title, extent, application and commencement.
Definitions.
CHAPTER –II
GRAM SABHA
Declaration of Sabha area.
3-A. Diminution of Sabha area not to affect the term of certain
office bearers.
Establishment of Gram Sabha.
Meeting and Quorum of Sabha.
5-A. Agenda.
Defect or omission in enrolment of members not to vitiate act
or proceedings of the Gram Sabha.
Functions of Gram Sabha.
7 (A). Constitution of the Up-Gram Sabha.
CHAPTER –III
GRAM PANCHAYATS
Constitution of Gram Panchayats.
Meetings of Gram Panchayat.
Maintenance of Gram Panchayat records etc.
Functions of Gram Panchayat.
11-A. Registration of cattle and maintenance of record therefor.
Power of removal of encroachments and nuisance.
Power to make general orders.
Control on erection of buildings.
Penalty for disobedience of a special or general order of the
Panchayat.
Power to enquire and make report about misconduct of certain
officials.
2
Power to contract for the collection of taxes and other dues.
Power to introduce prohibition.
Power of entry and inspection.
Power to manage fairs and markets.
Power over water ways etc.
Powers regarding naming of streets and numbering of
buildings.
Constitution and functions of Standing Committees.
Joint Committee.
Work to be entrusted to Joint Committee or Panchayat Samiti.
Maintenance and improvement of Schools, hospitals and
dispensaries.
Establishment of School, hospital and dispensary for group of
Panchayats.
Assistance to the Government servants.
Powers to take over management of institutions etc.
CHAPTER – IV
JUDICIAL FUNCTIONS AND POWERS OF GRAM
PANCHAYAT
Bar for Panches to take part in certain cases.
Territorial jurisdiction.
Offences cognizable by Gram Panchayat.
Penalties.
No cognizance by Courts
Transfer of criminal proceedings to the Gram Panchayat in
certain cases.
Summary disposal of complaint.
Return of complaints.
Certain persons not to be tried by the Gram Panchayat.
Compensation to the accused.
Enquiry in cases forwarded by a Magistrate.
Extent of jurisdiction.
Extension of jurisdiction by agreement of parties.
Application for transfer of cases from one Gram Panchayat to
another Gram Panchayat.
3
Exclusion of Gram Panchayat jurisdiction.
Suit to include the whole claim.
Limitation.
Effect of decision by Gram Panchayat.
Proceeding under section 46 of the Himachal Pradesh Land
Revenue Act.
Procedure in revenue proceedings.
Resjudicata.
Double jeopardy.
Concurrent jurisdiction.
Institution of suits and cases.
Recording of substance of the complaints and application and
appointment of benches.
Absence of Parties in cases and suits.
Gram Panchayat not to revise or alter its decision.
No legal practitioner to appear.
Appearance in person or by representative.
Compromise.
Procedure and power to ascertain truth.
Majority to prevail.
Dismissal of suits etc.
Summons to defendant or accused.
Failure of the accused to appear.
Issue of summons to witnesses.
Penalties for failing to appear before the Gram Panchayat.
Appeal.
Finality of decree or order of the Gram Panchayat.
Frivolous appeals.
Payment or adjustment of decree to be recorded.
Execution of decrees.
Recovery of fines.
Protection to Gram Panchayats.
Duty of police towards Gram Panchayats.
4
Proceeds of fee and fines etc.
Conviction by Gram Panchayat not to be a previous
conviction.
CHAPTER-V
PANCHAYAT SAMITI
Establishment of Panchayat Samiti.
Constitution of Panchayat Samiti.
Election of Chairman and Vice-Chairman of Panchayat Samiti.
Meetings.
Functions of Panchayat Samiti.
Entrustment of certain functions of state Government to a
Panchayat Samiti.
Powers of the State Government in relation to functions of
Panchayat Samiti.
Standing Committees.
Functions of the Standing Committees.
Procedure of the Standing Committees.
Consultative Committees.
CHAPTER –VI
ZILA PARISHAD
Establishment of Zila Parishad.
Constitution of Zila Parishad.
Election of Chairman and Vice-Chairman
Meetings of Zila Parishad.
Functions of Zila Parishad.
Entrustment of certain functions of state Government to a Zila
Parishad.
Powers of the State Government in relation to functions of Zila
Parishad.
Standing Committees.
Functions of Standing Committees.
Procedure of Committees.
5
CHAPTER -VI-A
SPECIAL PROVISIONS RELATING TO THE GRAM
PANCHAYATS, PANCHAYAT SAMITIS AND ZILA
PARISHADS LOCATED IN THE SCHEDULED AREAS.
97-A. Application of this chapter.
97-B. Declaration of village in scheduled areas.
97-C. Functions of Gram Sabha.
97-D. Reservation of seats of office bearers in Panchayats.
97-E. Nomination of persons.
97-F. Acquisition of land in the scheduled areas.
97-G. Management of minor water bodies in the scheduled areas.
97-H. Minor minerals in scheduled areas.
97-I. Powers and functions of Gram Panchayats and Panchayat
Samitis.
CHAPTER- VII
FINANCE, TAXATION AND RECOVERY OF CLAIMS
Finance Commission for Panchayats.
Panchayat Fund.
Levy at taxes and fees by Gram Panchayats.
Special tax for community services.
Commutation of tax by labour.
Local rate.
Levy of taxes by Panchayats.
Power of State Government to regulate taxes.
Power of State Government in regard to relief in taxes.
Assignment of funds to Panchayats.
Grants-in-aid to Panchayats.
Disbursement of local rate and stamp duty amongst
Panchayats.
Powers of Panchayat to borrow money.
State Government may vest certain property in Panchayats.
Transfer of immovable property.
Mode of executing contracts.
Penalty for evasion.
6
Recovery of arrears.
Appeal against taxation.
Budget and annual accounts.
Audit of Panchayats.
CHAPTER-VIII
GENERAL PROVOSIONS RELATING TO
INCORPORATION, DURATION, TERRITORIAL
CONSTITUENCIES OF PANCHAYATS AND
QUALIFICATIONS ETC. OF OFFICE BEARES
Incorporation of Panchayats.
Duration of Panchayats.
Qualification to vote and to be a candidate.
121-A. Account of election expenses and maximum limit thereof.
121-B. Lodging of account.
Disqualifications.
Bar to hold more than one office.
Territorial constituencies.
Reservation for Chairpersons.
Publication of names of office bearers of Panchayats.
Oath or affirmation of allegiance.
First meeting and term of office.
No confidence motion.
Resignation by office bearers.
Casual vacancies.
Defect or irregularity not to vitiate proceedings.
CHAPTER – IX
OFFICERS AND STAFF OF PANCHAYATS
Appointment of secretary of Gram Panchayats.
Appointment of Executive officer of Panchayat Samiti and
Zila Parishad.
Other officers and servants of Panchayats.
Deputation of government servants.
Inspection and access to Panchayat records.
Powers to suspend execution of orders, etc.
7
Power of State Government to issue orders directing
Panchayats for execution of works in certain cases.
Power of State Government to dissolve Panchayat for default,
abuse of power, etc.
Inquiry into affairs of Panchayats.
Liability of office bearers etc., for loss, misappropriation.
Dispute between Panchayats and other local authorities.
Power to recover records, articles and money.
Suspension of office bearers of Panchayats.
Removal of office bearers of Panchayats.
Power to call for record.
Appeal and revision.
CHAPTER-X
PENALTY
Penalty for acting as members, Pradhan, Up-Pradhan,
Chairman, Vice-Chairman when disqualified.
Penalties for interested members voting.
Penalty for acquisition by a member, office bearer or servant
of interested in contracts.
Wrongful restraint of officers etc.
Prohibition against obstruction of members of Panchayats.
Prohibition against removal or obliteration of notice.
Penalty for not giving information or giving false information.
Prohibition of bidding.
Procedure to make good the damage to any Panchayat.
Penalty for tempering with the Panchayat property.
CHAPTER-X-A
ELECTROL OFFENCES
158-A. Promoting enmity between classes in connection with the
election.
158-B. Prohibition of public meetings during period of forty-eight
hours ending with hour fixed for conclusion of poll.
158-C. Disturbances at election meetings.
158-D. Restrictions on the printing of pamphlets, posters, etc.
158-E. Maintenance of secrecy of voting.
8
158-F. Officers etc., at elections not to act for candidates or to
influence voting.
158-G. Prohibition of canvassing in or near polling stations.
158-H. Penalty for disorderly conduct in or near polling stations.
158-I. Penalty for misconduct at the polling station.
158-J. Penalty for failure to observe procedure for voting.
158-K.Penalty for illegal hiring or procuring of conveyance at
elections.
158-L. Breaches of official duty in connection with election.
158-M. Penalty for Government Servants for acting as election agent,
polling agent or counting agent.
158-N. Prohibition of going armed to or near a polling station.
158-O. Removal of ballot papers from polling station to be an
offence.
158-P. Offence of booth capturing.
158-Q. Grant of paid holiday to employees on the day of poll.
158-R. Liquor not to be sold, given or distributed on Polling day.
158-S. Other offences and penalties therefor.
CHAPTER- XI
DISPUTES RELATING TO ELECTION
Definitions.
State Election Commission.
160-A. Requisitioning of premises, vehicles, etc., for election
purposes.
160-B. Payment of compensation.
160-C. Release of premises from requisition.
160-D. Delegation of functions of the state Government with regard to
requisitioning.
160-E. Deputation of staff and punishment on breach of official duty.
Officer authorised to hear election petitions.
Election petitions.
Presentation of petition.
163-A. Parties to the petition.
Contents of petition.
Procedure on receiving election petition.
9
Withdrawal and transfer of petitions.
Procedure before the authorised officer.
Appearance before the authorised officer.
Power of the authorised officer.
Documentary evidence.
Secrecy of voting not to be infringed.
Answering of incriminating questions and certificate of
indemnity.
Expenses of witnesses.
Decision of authorised officer.
Grounds for declaring elections to be void.
175-A.Grounds for which a candidate other than the elected person
may be declared to have been elected.
175-B. Procedure in case of equality of votes.
Abatement of election petitions.
Costs and payment thereof out of security deposits and return
of such deposits.
Execution of orders as to costs.
1
[179. XXXXXXXXXXXXXXXXXXXXXX]
Corrupt practices.
Appeals.
Bar of interference by Courts in election matters.
Power to make rules for conduct of elections.
CHAPTER-XII
DEVELOPMENT PLANS AND DISTRICT PLANNING
COMMITTEE
Preparation of Development Plans.
District Planning Committee.
CHAPTER-XIII
RULES AND BYE-LAWS
Power to make rules.
Bye-laws.
Model bye-laws.

1
. Section 179 deleted vide Act No. 18 of 2000.
10

Delegation of powers.
CHAPTER-XIV
MISCELLANEOUS
Members and servants of Panchayat to be public servant.
Indemnity for acts done in good faith.
Certain suits against members, office bearers etc. to be
defended at the cost of Panchayat.
Bar for suit in absence of notice.
Method of service.
Proceedings and record of Panchayats open to inspection.
Prohibition of remuneration to members.
Panchayat in default of owner or occupier may execute work
and recover expenses.
Acquisition of land.
Power to remove difficulties.
Repeal and savings.

Schedules-I, II, III, IVand V.

THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
(ACT NO. 4 OF 1994)1
(Received the assent of the Governor, Himachal Pradesh on 22nd
April, 1994 and was published in Hindi and English in R.H.P. Extra., dated
the 23rd April, 1994 at p. 813- 983).
Amended, repealed or otherwise affected by:-
(i) H.P. Ordinance No. 3 of 1997 replaced by H.P. Act No. 10 of
19972
, published in R.H.P. Extra., dated 3-5-1997, P. 1579-
1582, effective w.e.f. 16th January, 1997.
(ii) H.P. Act No. 1 of 19983
, published in R.H.P. Extra., dated 9-
1-1998, P. 59-64. effective w.e.f. 24th May, 2004 vide Not.
No. PCH-HA(I)4/94-Loose-6025-6236, dated 24th May, 2004
published in R.H.P. Extra., dated 24.5.2004, p. 475.

1
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 5.4.1994, p. 666 and 743.
2
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 31.3.1997, p. 1109 and 1112.
3
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 12.12.1997, p. 4722 and 4726.
11
(iii) H.P. Act No. 18 of 20001
, published in R.H.P. Extra., dated 8-
6-2000, P. 1613-1646.
(iv) H.P. Ordinance No. 1 of 2000 replaced by H.P. Act No. 4 of
20012
, published in R.H.P. Extra., dated 20-2-2001, P. 5677-
5683, effective w.e.f. 15th day of November, 2000.
(v) H.P. Act No. 22 of 20013
, published in R.H.P. Extra., dated
19-10-2001, P. 2937-2946.
(vi) H.P. Act No. 10 of 20024
, published in R.H.P. Extra., dated 8-
5-2002, P. 313-316.
(vii) H.P. Act No. 17 of 20055
, published in R.H.P. Extra., dated
17-5-2005, P. 743-756, effective w.e.f. 30th May, 2005 vide
Not. No. PCH-HA(1)1/2004-9509-9683, dated 30th May,
2005 published in R.H.P.Extra., dated 30.5.2005, p. 958.
(viii) H.P. Act No. 20 of 20066
, published in R.H.P. Extra., dated
12-10-2006, P. 5261-5264.
(ix) H.P. Act No. 15 of 20077
, published in R.H.P. Extra., dated
20-09-2007, P. 5695-5696.
(x) H.P. Act No. 10 of 20088
, published in R.H.P. Extra., dated
27.5.2008, P. 1197-1203, effective w.e.f. 13.6.2008 vide Not.
No. PCH-HA(1)8/2008, dated 13.6.2008, published in
R.H.P.Extra., dated 16.6.2008, p. 1872-1877.
(xi) H.P. Act No. 17 of 20089
, published in R.H.P. Extra., dated
13.10.2008, P. 4247-4250.

1
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 17. 4.2000, p. 933 and 951.
2
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 26.12.2000, p. 4732 and 4737.
3
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 21.8.2001, p. 1966 and 1974.
4
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 26. 3.2002, p. 4635 and 4638.
5
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 4.4..2005, p. 231 and 241.
6
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 22.8.2006, p. 3710 and 3713.
7
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 30.8.2007, p. 4657and 4660.
8
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P., dated 24.4.2008, p. 392 &398.
9
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. dated 10.09.2008 p. 3733 & 3736.
12
(xii) H.P Act No. 15 of 20101
assented to by the Governor on the
11th June, 2010 and was published in Hindi and English in
R.H.P dated 18.6.2010 p. 1481-1486 .
(xiii) H.P Act No. 9 of 2011
2
assented to by the Governor on the
22th January, 2011 and was published in Hindi and English in
R.H.P dated 28.1.2011 p. 8384-8389.
AN ACT to consolidate, amend and replace the law relating to
Panchayats with a view to ensure effective involvement of the
Panchayati Raj Institutions in the local administration and
developmental activities.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
the Forty-fifth Year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY

Short title, extent, 3
[application] and commencement.- (1) This
Act may be called the Himachal Pradesh Panchayati Raj Act, 1994.
(2) It shall extend to the whole of the State of Himachal Pradesh,
except the areas administered by a municipality.
4
[(2-A) In their application to the scheduled areas in the State as
referred to in clause (1) of Article 244 of the Constitution of India, the
remaining provisions of this Act shall apply, subject to the provisions of
Chapter VI-A of this Act.]
(3) It shall come into force on such date5
as the Government may, by
notification, appoint.
Definitions.- In this Act, unless the context otherwise requires,-
(1) “annual value” means,-
(i) double the land revenue for the time being assessed on any
land, whether the assessment is leviable or not; or
(ii) where the land revenue has been permanently assessed, or
has been wholly or in part compounded or redeemed,
double the amount which, but for such permanent
assessment, composition or redemption, would have been
leviable; or

1
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P dated 20.4.2010, p.321&326.
2
. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P dated 21.12.2010., p. 7576 &7582. .
3
. Inserted vide H.P. Act No. 1 of 1998 effective w.e.f. 24th May, 2004.
4
. Sub-section (2-A) ins. vide H.P. Act No. 1 of 1998 effective w.e.f. 24th May, 2004.
5
. Act came into force w.e.f. 23.4.1994 vide notification No. RDPR.III (Leg-I) 5/93
dated 23.4.1994 and published in R.H.P.Extra., dated 23.4.1994, Pages 985- 986.
13
(iii) where no land revenue has been assessed, double the
amount which, would have been assessed if the average
village rate had been applied:
Provided that, in any tract in which, under the settlement
for the time being in force, the improvement of the land due to
canal irrigation has been excluded from account in assessing the
land revenue and rate has been imposed in respect of such
improvement, that rate shall be added to the land revenue for
the purpose of computing the annual value:
(2) “backward classes” means such classes of citizens other than
Scheduled Castes and Scheduled Tribes as may be identified
and notified for the purposes of reservation for appointments
or posts in the services under the State Government;
(3) “block” means such area in a district as may be declared by
the Government by notification to be a block;
(4) “building” means any shop, house, out-house, hut, shed,
stable, whether used for the purpose of human habitation or
otherwise and whether of stone, concrete, bricks masonry,
wood, mud, thatch, metal or any other material whatever and
includes a wall;
(5) “bye-laws” means bye-laws made by a Panchayat under this
Act and includes model bye-laws framed by the State
Government under section 188;
(6) “case” means ‘criminal proceedings’ in respect of an offence
triable by a Gram Panchayat;
1
[(6-A). “cattle” means domestic animals and includes elephants,
camels, buffaloes, cows, oxen, horses, mares, geldings,
ponnies, colts, fillies, mules, asses, pigs, rams, ewes, sheep,
lambs, goats and kids;]
(7) “collector”, “Magistrate” or “Sub-Judge” with reference to a
“Gram Sabha” or a “Gram Panchayat” means a Collector, a
Judicial Magistrate or a Sub Judge of the District or the Sub
Division, as the case may be, in which such Gram Sabha, or
Gram Panchayat is constituted;
(8) “complaint” means any allegation made orally or in writing
to the Gram Panchayat, with a view to its taking action under
Chapter-IV of this Act, that some person, whether known or
unknown has committed an offence;
2
[(8-A) XXXXXXXXXXXXXXXX;]

1
. Clause (6-A) inserted vide Act No. 20 of 2006.
2
. Clause (8-A) added vide Act No. 18 of 2000 and deleted vide Act No. 17 of 2008.
14
(9) “common land” means the land which is not in the exclusive
use of any individual and has, by usage, custom, prescription
or by law, been reserved for the common purposes of village
community or has been acquired for such purposes;
(10) “decree”, “decree holder”, “judgment debtor” and “legal
representative” shall have the same meanings as are assigned
to them in section 2 of the Code of Civil Procedure, 1908( 5
of 1908);
(11) “Deputy Commissioner” means the Deputy Commissioner
of a district and includes any officer specially appointed by
the Government to perform the functions of a Deputy
Commissioner under this Act:
Provided that such officer shall not perform any
function in respect of which the decision of the Deputy
Commissioner under this Act is final;
1
[(11-A) “Divisional Commissioner” means the Divisional
Commissioner of a Division and includes any officer
specially appointed by the State Government to perform
function of Divisional Commissioner;]
(12) “Director” means the Director of Panchayati Raj appointed
under this Act and includes any other officer specially
appointed by the Government to perform the functions of the
Director under this Act;
(13) “district” means a revenue district;
2
[(13-A) “family” means a joint family of all persons descended from
common ancestor including adoption, who live, worship and
mess together permanently as shown in the parivar register
of the Gram Panchayat;]
3
[(13-B) “Financial Commissioner” means the Financial
Commissioner 4
[(Appeal)] to the Government of Himachal
Pradesh;”.
(14) “Government” or “State Government” means the
Government of Himachal Pradesh;
(15) “Gram Panchayat” means the Executive Committee of the
Gram Sabha established under section 8 of this Act;
(16) “Gram Sabha” or “Sabha” means a Gram Sabha established
under section 4 of this Act and ‘Sabha area’ means an area
declared to be a ‘Sabha area’ under section 3 of this Act;

1
. Clause (11-A) ins vide Act No. 17 of 2008.
2
. Clause (13-A) added vide Act No. 4 of 2001 w.e.f. 15.11.2000.
3
. Clause (13-B) added vide Act No. 17 of 2008.
4
. Subs. for the words and brackets “(Revenue)” vide Act No. 15 of 2010.
15
(17) “land” means land assessed to land revenue and includes
land whereof the land revenue has been wholly, or in part
released, compounded for, redeemed or assigned;
(18) “land holder” means any person responsible for the payment
of the land revenue, if any, assessed on land and includes the
proprietor of land, the land revenue of which has been
wholly, or in part, released, compounded for, redeemed or
assigned;
(19) “land revenue” includes tirni or grazing dues levied for
grazing on Government land;
(20) “member” means a member of the Gram Panchayat, Gram
Sabha, Panchayat Samiti or Zila Parishad, as the case may
be;
(21) “municipality” means an institution of self-Government
constituted under article 243-Q of the Constitution of India
and includes a Cantonment Board set up under the
Cantonments Act, 1924( 2 of 1924);
(22) “offence”, “bailable offence”, “non-bailable offence”,
“cognizable offence”, “Officer-in-charge of a police station”
and “police station” shall have the same meanings as are
assigned to them in section 2 of the Code of Criminal
Procedure, 1973(2 of 1974;
(23) “office-bearer” means a Member, Pradhan or Up-Pradhan of
a Gram Panchayat and a Member, Chairman or ViceChairman of a Panchayat Samiti or of a Zila Parishad, as the
case may be;
(24) “Official Gazette” or “Gazette” means the Rajpatra of
Himachal Pradesh;
(25) “panch” means a member of Gram Panchayat while
discharging the judicial functions of the Gram Panchayat
under this Act and includes a Pradhan or Up-Pradhan;
(26) “panchayat” means a Gram Panchayat, a Panchayat Samiti
or a Zila Parishad, as the case may be;
(27) “panchayat forest” means a forest which has been so
declared by the State Government by notification issued in
this behalf;
1
[(27-A) “Panchayat Sahayak” means a person appointed as
Panchayat Sahayak by the Gram Panchayat under section
135 or an official deputed by the State Government under
section 136, as the case may be, to perform the functions of
Secretary of Gram Panchayat under this Act;]

1
. Clause (27-A) ins. vide Act No. 10 of 2008 effective w.e.f. 13.6.2008.
16
(28) “Panchayat Samiti” means a Panchayat Samiti constituted
under section 78 of this Act and having jurisdiction over the
block area;
(29) “population” means the population as ascertained at the last
preceding census of which the relevant figures have been
published;
(30) “prescribed” means prescribed by rules made under this Act;
(31) “prescribed authority” means the authority notified as such
by the Government under this Act;
(32) “proceedings” means a revenue matter triable by a Gram
Panchayat;
(33) “public place” means a space not being private property
which is open to use or enjoyment of the public whether
such space is vested in a Panchayat or not;
(34) “public street” means any road, street, bridge, lane, square,
court, alley or passage which the public has a right to pass
along and includes on either side, the drains or gutters and
the land up to defined boundary of any abutting property,
notwithstanding any projection over such land of any
varandah or other superstructure;
(35) “public servant” means a public servant as defined in section
21 of the Indian Penal Code, 1860(45 of 1860);
(36) “schedule” means a schedule appended to this Act;
(37) “scheduled areas” means the areas specified and declared as
scheduled areas in the State of Himachal Pradesh under paragraph 6 of the Fifth Schedule to the Constitution of India for
the purposes of clause(1) of Article 244 of the Constitution;
(38) “Scheduled Castes” shall have the same meaning as assigned
to it in clause (24) of article 366 of the Constitution of India;
(39) “Scheduled Tribes” shall have the same meaning as assigned
to it in clause (25) of article 366 of the Constitution of India;
(40) “section” means the section of this Act;
(41) “Secretary” means a person, by whatever name called,
appointed under section 133 and sub-section (1) of section
134 to discharge the functions of the Secretary of the Gram
Panchayat, the Panchayat Samiti and the Zila Parishad
concerned;
(42) “Sub-Divisional Officer” means the officer-in-charge of a
Sub-Division of a District constituted for revenue and
general purposes and where a Sub-Division does not exist
17
such other officer as may be declared by the Government as
Sub-Divisional Officer, for the purposes of this Act;
(43) “suit” means a civil suit triable by a Gram Panchayat;
(44) “tax” includes a cess, duty, fee, rate or toll, leviable under
this Act;
(45) “tenant”, “rent”, and “rates and cesses” shall have the same
meanings as are assigned to them in section 4 of the
Himachal Pradesh Land Revenue Act, 1954( 6 of 1954);
(46) “village” means any local area, recorded as a revenue estate
in the revenue records of the district in which it is situated or
any other local area which the Government may, by general
or special order, declare to be a village;
1
[(46-A) “ward” means a single member territorial constituency in a
Panchayat area as determined under section 124 of the Act;]
(47) “water-courses” means a Kuhal or channel which is used for
irrigation or providing drinking water and the management
whereof has been partly or wholly entrusted to a Panchayat;
and
(48) “Zila Parishad” means a Zila Parishad constituted under
section 89 of this Act.
CHAPTER-II
GRAM SABHA

Declaration of Sabha area.- (1) The Government may, by
notification, declare any village or group of contiguous villages with a
population of not less than one thousand and not more than five thousand to
constitute one or more Sabha areas for the purposes of this act and also
specify its headquarter:
Provided that in a Scheduled area the Government may by order
declare any village or group of contiguous villages with a population of less
than one thousand to constitute a Sabha area:
Provided further that the Government may, after having due regard of
the geographical location, lack of means of transport and communication and
administrative convenience, declare an area comprising a village or group of
contiguous villages having a population either less than one thousand or more
than five thousand to constitute a Sabha area.
(2) The Government may, at the request of the Gram Sabha concerned
or otherwise, and after previous publication of a proposal by a notification, at
any time,-

1
. Clause (46-A) added vide Act No. 4 of 2001 w.e.f. 15.11.2000.
18
(a) increase any Sabha area by including within such Sabha area
any village or group of villages; or
(b) diminish any Sabha area by excluding from such Sabha area
any village or group of villages; or
(c) alter the headquarter of any Sabha area; or
(d) alter the name of any Sabha area; or
(e) declare that any area shall cease to be a Sabha area:
1
[***]
2
[(2-A) When on account of the reason that the Sabha area is, during
the term of the Gram Panchayat, increased or diminished or ceased under subsection (2), the increase or diminution or cessation of the Sabha area shall not
affect the term of the office bearers of Gram Panchayat, till the expiration of
the duration of the Gram Panchayat specified in sub-section (1) of section 120
or its dissolution under section 140 of this Act.]
(3) If the whole of the Sabha area is included in a municipality, the
Sabha area shall cease to exist and its assets and liabilities shall in the manner
prescribed be disposed of.]
3
[3-A. Diminution of the Sabha area not to affect the term of
certain office bearers.- Notwithstanding anything to the contrary contained
in this Act, but subject to the provision of sub-section (2-A) of section 3,
when on account of reason that the Sabha area or the portion thereof is
included in a municipality or a portion of municipality excluded therefrom is
included in a Sabha area, during the term of the office of the office bearers of
a Panchayat Samiti or Zila Parishad, such increase or diminution of the Sabha
area, shall not affect the term of the office bearers of the Panchayat Samiti or
Zila Parishad, till the expiration of its duration specified in sub-section (1) of
section 120 of this Act or its dissolution under section 140 of this Act.]

Establishment of Gram Sabha.- (1) The Government may, by
order, establish a Gram Sabha by name in every Sabha area.
(2) For every Gram Sabha established under sub-section (1), there
shall be a list of voters which shall be prepared in accordance with the
provisions of this Act and the rules made thereunder.
(3) Every person who is qualified to be registered in the Legislative
Assembly roll relatable to the Sabha area or whose name is entered therein
and is ordinarily resident within the Gram Sabha area shall be entitled to be
registered in the list of voters of that Sabha area:
Provided that no person shall be entitled to be registered in the list of
voters for more than one Sabha area:

1
. Proviso omitted vide H.P. Act No. 10 of 1997 w.e.f. 16.1.1997.
2
. Sub-section (2-A) added vide Act No. 10 of 1997 and further subs. vide Act No. 10
of 2002.
3
. Section 3-A added vide H.P. Act No. 10 of 1997 , w.e.f. 16.1.1997.
19
1
[Provided further that no person shall be entitled to be registered in
the list of voters of a Sabha area if he is already registered as a voter in a
Municipality.]
Explanation-I.- The expression “ordinarily resident” shall have the
meaning assigned to it in section 20 of the Representation of the People Act,
1950 (43 of 1950) subject to the modification that reference to “Constituency”
therein will be construed as a reference to “Sabha area”.
Explanation-II.- A person shall be disqualified for registration in the
list of voters of Sabha area if he is disqualified for registration in the
Legislative Assembly roll.

Meeting and quorum of Sabha.- (1) Every Sabha shall hold 2
[four
general meetings in each year and every meeting shall held on the first Sunday
of January, April, July and 3
[on second October. It] shall be the responsibility
of the Pradhan to convene such meetings:
4
[*]
Provided that the Pradhan may, at any time or upon a requisition in
writing of not less than one-fifth of the members of the Gram Sabha or if
required by the Panchayat Samiti, Zila Parishad or the Deputy Commissioner,
shall, within 30 days from the receipt of such requisition, call an extraordinary
general meeting:
Provided further that where a Pradhan fails to convene the meetings
under this sub-section, the prescribed authority shall convene such meetings
within a period of thirty days.
(2) The time and place of all the meetings of the Gram Sabha shall be
published in the prescribed manner.
(3) For any general meeting of the Gram Sabha,
5
[representation of at
least one-third of the total number of families represented by one or more
members of the Gram Sabha] shall form a quorum and decision will be taken
by a majority of members present and voting:
Provided that for a meeting adjourned for want of quorum,
6
[representation of at least one-fifth of the total number of families
represented by one or more members of the Gram Sabha] shall be required for
holding the adjourned meeting.

1
. Second Proviso added vide Act No. 15 of 2010.
2
. Subs. for the words “two general meetings in each year, one in the summer and the
other in the winter” vide Act No. 4 of 2001 w.e.f. 15.11.2000.
3
. Subs. for the words “October and it” vide Act No. 15 of 2010.
4
. Existing first proviso deleted vide Act No. 4 of 2001 w.e.f. 15.11.2000.
5
. Subs. for the words “one-fifth of the total number of its members” vide Act No. 4 of
2001 w.e.f. 15.11.2000.
6
. Subs. for the words “at least one-tenth of the total number of its members” vide Act
No. 4 of 2001 w.e.f. 15.11.2000.
20
(4) The meeting of the Gram Sabha shall be presided over by Pradhan
or in absence of Pradhan by Up-Pradhan. In the event of both Pradhan and
Up-Pradhan being absent, the meeting of Gram Sabha shall be presided over
by a member of the Gram Sabha to be elected for the purpose by the majority
of members present in the meeting.
1
[5-A. Agenda.- (1) Every member of the Gram Panchayat shall, in
respect of his ward, prepare agenda items in consultation with the Sabha
members of such ward and shall submit the same to the Pradhan and the
Secretary at least thirty days prior to the date of meeting of the Gram Sabha.
(2) Any department, other agency or organization shall submit its
items, if any, to the Pradhan and the Secretary at least thirty days prior to the
date of meeting of the Gram Sabha.
(3) The Secretary shall compile the agenda items received under subsections (1) and (2) and shall circulate the same, in the manner as may be
prescribed, along with the notice of meeting.]

Defect or omission in enrolment of members not to vitiate act
or proceedings of the Gram Sabha.- No defect or omission in the enrolment
of a member shall vitiate any act or proceeding of a Gram Sabha, if not less
than two-thirds of the members at the time, the act is done, or the proceedings
are taken, were duly qualified members thereof.
Functions of Gram Sabha.- (1) the Gram Sabha shall perform the
following functions, namely:-
(a) mobilise voluntary labour and contribution in kind and cash
for the Community Welfare Programmes;
(b) identification of beneficiaries for the implementation of
developmental schemes pertaining to the village;
(c) rendering assistance in the implementation of developmental
schemes pertaining to the village;
2
[(c-a) approve plans, programmes and budget, prepared by the
Gram Panchayat, for economic development and social
justice;
(c-b) authorise, after being satisfied, issuance of utilization
certificate of funds spent on the implementation of the plans,
projects and programmes of the Gram Panchayat;]
(d) promotion of unity and harmony among all sections of society
in the Sabha area;
(e) seek clarifications from the Pradhan, Up-Pradhan and
members of the Gram Panchayat about any particular activity,
scheme, income and expenditure; and

1
. Section 5-A ins. vide Act No. 17 of 2005 w.e.f. 30.5.2005.
2
. Clauses (c-a) and (c-b) ins. vide Act No. 17 of 2005 w.e.f. 30.5.2005.
21
(f) such other maters as may be prescribed.
(2) The Gram Sabha shall consider the following matters, and make
recommendations and suggestions to the Gram Panchayat, namely:-
(a) the annual statement of accounts of the Gram Panchayat, the
report of the administration of the preceding financial year and
the last audit note and replies, if any, made thereto;
(b) the report in respect of development programmes of the Gram
Panchayat relating to the preceding year and development
programmes proposed to be undertaken during the current year;
(c) the promotion of unity and harmony among all sections of
society in the village;
(d) the programme of adult education within the village;
(e) any other matter which the Panchayat Samiti, Zila Parishad, the
Deputy Commissioner or any other officer authorised in this
behalf may require to be placed before the Gram Sabha; and
(f) such other matters as may be prescribed.
(3) The Gram Panchayat shall give due consideration to the
recommendations and suggestions of the Gram Sabha.
(4) The Gram Sabha may also form one or more vigilance
committee(s) consisting of not less than five persons, who are not members of
the Gram Panchayat, to supervise the Gram Panchayat works, schemes and
other activities and to put up reports concerning them in its meeting and shall
also send a copy of the said report to such an authority as may be prescribed
for this purpose:
1
[Provided that a person shall be disqualified for being chosen as, and
for being a member of the vigilance committee if he has incurred any of the
disqualification mentioned in sub-section (1) of section 122, except the
disqualification mentioned under clause (g).]
2
[(5) The village level functionaries of the Agriculture, Animal
Husbandry, Primary Education, Forest, Health and Family Welfare,
Horticulture, Irrigation and Public health, Revenue and Welfare Departments
shall attend the meetings of the Gram Sabha in whose jurisdiction they are
posted, and if such village level functionaries fail to attend the meetings, the
Gram Sabha shall report the matter to their controlling officer through the
Gram Panchayat, who shall take disciplinary action against such functionaries
within one month from the date of receipt of the report and shall intimate the
action taken on such report to the Gram Sabha through the Gram Panchayat.]
3
[7-A. Constitution of the Up-Gram Sabha.- (1) There shall be a
Up-Gram Sabha for each ward of a Gram Sabha.

1
Proviso to Sub-section(4) added vide Act No. 15 of 2010.
2
Sub-section (5) ins. vide Act No. 17 of 2005 w.e.f. 30.5.2005.
3
Section 7-A inserted vide Act No. 4 of 2001 w.e.f. 15.11.2000.
22
(2) All members of the Gram Sabha residing within the area of the
ward shall be members of the Up-Gram Sabha.
(3) Every Up-Gram Sabha shall hold two general meetings in each
year, and it shall be the responsibility of the member of the Gram Panchayat
representing the ward to convene such meetings. The meeting of the Up-Gram
Sabha shall be presided over by the member of the Gram Panchayat
representing the ward, who shall also record the proceedings.
(4) The time and place of the meetings of the Up-Gram Sabha shall be
fixed and notified by the member of the Gram Panchayat representing the
ward.
(5) The Up-Gram Sabha shall nominate its members to represent it in
the general meeting of the Gram Sabha and these members shall be nominated
in a manner so that 1
[50%] of the total families residing in the area of the ward
get nominated provided that 2
[ one-half] of the nominations shall be of
women:
Provided that this nomination shall not debar any member of UpGram Sabha from attending the general meetings of the Gram Sabha.
(6) The Up-Gram Sabha may deliberate on issues relating to its area
and make recommendations to the Gram Panchayat or Gram Sabha.]
CHAPTER-III
GRAM PANCHAYATS

Constitution of Gram Panchayats.- (1) There shall be a Gram
Panchayat for a Gram Sabha and every Gram Sabha shall, in the prescribed
manner, elect from amongst its members a 3
[Pradhan and Up-Pradhan] of the
Sabha who shall also be called the 4
[Pradhan and Up-Pradhan] of the Gram
Panchayat and shall also elect from amongst its members an Executive
Committee called the Gram Panchayat consisting of such number of persons
not being less than seven and more than fifteen, including 5
[Pradhan and UpPradhan], as the Government may by notification determine:
6
[Provided that the number of members excluding 7
[Pradhan and UpPradhan] to be assigned to each Gram Sabha, shall be determined on the
following scale:-

1
. Subs. for the figures and signs “15%” vide Act No. 15 of 2010.
2
. Subs. for the words “one third” vide ibid.
3
. The words “and an Up-Pradhan” deleted vide Act No. 17 of 2005 w.e.f. 30.5.2005
and again subs. for the word “Pradhan” vide Act No. 10 of 2008 effective w.e.f.
13.6.2008.
4
. The words “and an Up-Pradhan” deleted vide Act No. 17 of 2005 w.e.f. 30.5.2005
and again subs. for the word “Pradhan” vide Act No. 10 of 2008 effective w.e.f.
13.6.2008 ..
5
. The words “and an Up-Pradhan” deleted vide Act No. 17 of 2005 w.e.f. 30.5.2005
and again subs. for the word “Pradhan” vide Act No. 10 of 2008 effective w.e.f. ..
6
. Proviso subs. vide Act No. 17 of 2005 w.e.f. 30.5.2005 .
7
. Subs. for the word “Pradhan” vide Act No. 10 of 2008 effective w.e.f. 13.6.2008 .
23
(a) with a population not exceeding 1750 .. five
(b) with a population exceeding 1750 but not exceeding 2750 .. seven
(c) with a population exceeding 2750 but not exceeding 3750 .. nine
(d) with a population exceeding 3750 but not exceeding 4750 .. eleven
(e) with a population exceeding 4750 ..thirteen:]
Provided further that the number of members of a Gram Panchayat,
excluding 1
[Pradhan and Up-Pradhan], shall be determined in such a manner
that the ratio between the population of the Gram Sabha and the number of
seats of members in such a Panchayat to be filled by election shall, so far as
practicable, be the same throughout the Sabha area:
2
[Provided further that the member of the Panchayat Samiti,
representing a part or whole of the Gram Sabha area shall also be the member
of the concerned Gram Panchayat(s) and shall have the right to vote.]
3
[XXXXXXXXXXXXXXXXXXXXXXXX.]
(2) Seats shall be reserved in a Gram Panchayat–
(a) for the Scheduled Castes, and
(b) for the Scheduled Tribes,
and the number of seats so reserved shall bear, as nearly as may be, same
proportion to the total number of seats in the Gram Panchayat as the
population of the Scheduled Castes or the Scheduled Tribes in the Sabha area
bears to the total population of the Sabha area:
Provided that in case no reservation of seats is possible as aforesaid
due to small population of the Scheduled Castes and the population of
Scheduled Castes of the Sabha area is atleast five percent of the total
population of the Sabha area, one seat shall be reserved for the Scheduled
Castes in such a Gram Panchayat:
Provided further that where there is no eligible candidate belonging to
the Scheduled Castes to be elected as a member of the Gram Panchayat, no
seat shall be reserved for Scheduled Castes:
Provided further that in non-tribal areas where there is Scheduled
Tribes population in a Gram Sabha, seats shall be reserved for such members
of the Scheduled Tribes within the reservation provided for the members of
the Scheduled Castes and the determination of seats to be reserved amongst
the Scheduled Castes and Scheduled Tribes shall be in proportion to their
population in that Gram Sabha.

1
.The words “and an Up-Pradhan” deleted vide Act No. 17 of 2005 w.e.f. 30.5.2005.
and again subs. for the word “Pradhan” vide Act No. 10 of 2008 effective w.e.f.
13.6.2008.
2
. Third Proviso added vide Act No. 22 of 2001.
3
. Fourth Proviso ins. vide Act No. 17 of 2005 w.e.f. 30.5.2005 and deleted. vide Act
No. 10 of 2008 effective w.e.f. 13.6.2008.
24
Explanation.- The expression “non-tribal area” for the purpose of this
proviso shall mean the areas other than the Scheduled Areas specified in
relation to the State of Himachal Pradesh.
1
[(3) 2
[One-half] of the total number of seats reserved under subsection (2) shall be reserved for women belonging to the Scheduled Castes or,
as the case may be, the Scheduled Tribes.
(3-A) 3
[One- half] (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total
number of seats to be filled by direct election in every Gram Panchayat shall
be reserved for women.]
(4) The State Government may, by general or special order, reserve
such number of seats for persons belonging to Backward Classes in a Gram
Panchayat, not exceeding the proportion to the total number of seats to be
filled by direct election in the Gram Panchayat as the population of the
persons belonging to Backward Classes in that Gram Sabha area bears to the
total population of that area and may further reserve 4
[one-half] of the total
seats reserved under this sub-section for women belonging to Backward
Classes.
(5) The seats reserved under sub-sections (2), 5
[(3), (3-A)] and (4)
shall be allotted by rotation to different constituencies in the Sabha area in
such manner as may be prescribed.
(6) If for any reason the election to any Gram Panchayat does not
result in the election of required number of persons as specified in sub-section
(1), the Deputy Commissioner, shall within one month from the date on which
the names of the elected persons are published by him under section 126
arrange another election to make up the deficiency.

Meetings of Gram Panchayat.- (1) The meeting of the Gram
Panchayat shall be public and shall be held at least once a month at the office
of the Gram Panchayat and at such time as the Pradhan may fix:
Provided that the Pradhan, when required in writing by a majority of
the members to call a meeting, shall do so within three days, failing which the
said members shall, with the previous approval of the prescribed authority, be
entitled to call a meeting after giving a notice of one week to the Pradhan and
the other members.

1
. Subs. for sub-section (3) vide Act No. 18 of 2000.
2
. Subs. for the words “Not less than one-third” vide Act No. 10 of 2008 effective
w.e.f. 13.6.2008.
3
. Subs. for the words “Not less than one-third” vide Act No. 10 of 2008 effective
w.e.f. 13.6.2008.
4
. Subs. for the words “not less than on-third” vide Act No. 10 of 2008 effective
w.e.f. 13.6.2008..
5
. Subs. for the the bracket and figure “(3)” vide Act No. 18 of 2000.
25
(2) Subject to the provisions of this Act and the rules framed
thereunder one-half of the 1
[office bearers] of the Gram Panchayat shall form
a quorum.
(3) The decisions of the Gram Panchayat shall be by majority and
when the voting is equal, the Pradhan, in his absence, the Up-Pradhan, shall
have an additional or casting vote.

Maintenance of Gram Panchayat records etc.- The Secretary of
the Gram Panchayat, under the overall supervision of the Pradhan and in his
absence under the supervision of the Up-Pradhan, shall be responsible for the
custody and maintenance of all prescribed records and registers and other
property belonging to or vested in the Gram Sabha or the Gram Panchayat.
Functions of Gram Panchayat.-
2
[(1) The Gram Panchayat shall
perform the functions specified in Schedule-I.]
(2) Notwithstanding anything contained in this Act the State
Government may, by general or special order, entrust to the Gram Panchayat
preparation of plans and implementation of schemes for economic
development and social justice 3
[including those matters specified in
Schedule-II and the Gram Panchayat shall perform such functions.]
(3) The State Government may, by general or special order, add to
any of the functions of the Gram Panchayat or withdraw the functions and
duties entrusted to such a Gram Panchayat, when the State Government under
takes the execution of any of the functions entrusted to the Gram Panchayat,
the Gram Panchayat shall not be responsible for such functions so long as the
State Government does not re-entrust such functions to the Gram panchayat.
(4) The Government may, by notification and subject to such
conditions as may be specified therein ,-
(a) transfer to any Gram Panchayat the management and maintenance
of a forest situated in the Gram Sabha area ;
(b) make over the Gram Panchayat the management of waste lands,
pasture lands or vacant lands belonging to the Government
situated within the Gram Sabha area ;
(c) transfer to the Gram Panchayat the protection of any irrigation
work and its execution and the regulation/distribution of water
from any such work ;
(d) transfer to the Gram Panchayat any public property situated within
the jurisdiction of the Gram Sabha ;
(e) entrust the gram Panchayat with the collection of land revenue on
behalf of the Government and the maintenance of such records as
are connected therewith; and

1
. Subs. for the words “members” vide Act No. 17 of 2005 w.e.f. 30.5.2005.
2
. Existing Sub-section (1) subs. vide Act No. 22 of 2001.
3
. Subs. for the words “specified in Schedule-II” vide Act No. 22 of 2001.
26
(f) entrust such other functions as may be prescribed:
Provided that when any transfer of the management and maintenance
of a forest is made under clause (a) or the transfer of any irrigation work is
made under clause (c), the Government shall direct that any amount required
for such management and maintenance or an adequate portion of the income
from such forest or irrigation work be placed at the disposal of the Gram
Panchayat.
(5) A Gram Panchayat shall have powers to do all acts necessary for
or incidental to the carrying out of the functions entrusted, assigned or
delegated to it and, in particular, and without prejudice to the foregoing
powers, to exercise all powers specified under this Act.
1
[(11-A). Registration of cattle and maintenance of record
therefor.- (1) Head of every family shall be responsible to give or cause to be
given, either orally or in writing, the details of cattle owned by his family to
the concerned Pradhan or the Panchayat Secretary of the Gram Panchayat,
within a period of one month from the commencement of the Himachal
Pradesh Panchayati Raj (Amendment) Act, 2006, and thereafter every time as
and when any change in the number of cattle takes place by any reasons.
(2) On receipt of the details of cattle under sub-section (1), the Gram
Panchayat shall register cattle and shall maintain records thereof in such form
as may be notified by the State Government:
Provided that the Gram Panchayat may charge registration fee at such
rate as may be fixed by the Gram Panchayat.
(3) It shall be the duty of the Gram Panchayat to assist the officials or
persons engaged by the Animal Husbandry Department for applying
appropriate identification mark on each cattle and to maintain the record of
identification.
(4) It shall be the duty of every Gram Panchayat to assist the officials
or representatives of the Animal Husbandry Department in identifying the
stray cattle within its jurisdiction.
(5) If any cattle with identification mark is found stray, the owner of
the cattle shall be identified by the Gram Panchayat from the record
maintained by it and such owner shall be liable to a fine of three hundred
rupees for the first offence and five hundred rupees in the event of second or
subsequent offence, which shall be imposed by the Gram Panchayat.
(6) If the Gram Panchayat fails in identifying such stray cattle due to
tampering with identification mark or mutilation thereof, it shall report the
matter to the In-charge of the nearest Animal Husbandry Dispensary who
shall lodge the stray cattle to the nearest Gosadan or Goshala.]

Power of removal of encroachments and nuisance.- (1) A Gram
Panchayat, on receiving a report or other information and on taking such

1
Section (11-A) inserted vide Act No. 20 of 2006.
27
evidence, if any, as it thinks fit, may make a conditional order requiring,
within a time to be fixed in the order-
(a) The owner or the occupier of any building or land-
(i) to remove any encroachment on a public street, place or
drain;
(ii) to close, remove, alter, repair, cleanse, disinfect or put in
good order any latrine, urinal, water closet, drain,
cesspool or other receptacle for filth, sullage-water,
rubbish or refuse or to remove or alter any door or trap or
construct any drain for any such latrine, urinal or water
closet which opens on to a street, drain or to shut off such
latrine, urinal, water closet by a sufficient roof and wall
or fence from the view of persons passing by or dwelling
in the neighborhood;
(iii) to cleanse, repair, cover, fill up, drain off, deepen or to
remove water from a private well, tank, reservoir, pool,
pit, ditch, depression or excavation therein which may
appear to the Gram Panchayat to be injurious to health or
offensive to the neighborhood;
(iv) to remove any dirt, dung, night soil, manure or any
noxious or offensive matter therefrom and to cleanse the
land or building;
(b) the owner of any wall or building which is deemed by the Gram
Panchayat to be in any way dangerous, to remove or repair such
wall or building;
(c) the owner or occupier of any building or property to keep his
building or property in a sanitary state;
(d) the owner of any dog or other animal suffering or reasonably
suspected to be suffering from rabbis or which is dangerous, to
destroy or confine or cause to be destroyed or confined such dog
or animal;
(e) the owner or occupier of any agricultural land to destroy harmful
weeds from such land;
(f) the owner or occupier concerned to reclaim an unhealthy place;
(g) the owner or occupier of any building or land to maintain in
proper repair the level and surface of any road or street passing in
front of the building or through his land; and
(h) the owner or person-in-charge of a private water channel to keep it
in a state of reasonable repair;
or, if he objects so to do, to appear before it, at a time and place to be fixed by
the order and to move to have the order set aside or modified in the manner
hereinafter provided. If he does not perform such act or appear and show
28
cause, the order shall be made absolute. If he appears and shows cause against
the order, the Gram Panchayat shall take evidence and if it is satisfied that
order is not reasonable and proper, no further proceedings shall be taken in the
case. If it is not so satisfied, the order shall be confirmed or modified as it
deems fit.
(2) if such act is not performed within the time fixed, the Gram
Panchayat may cause it to be performed and may recover the costs of
performing it from such person in the prescribed manner.
(3) Any person aggrieved by an order under sub-section (1) may file
an appeal within thirty days of the passing of such order before the SubDivisional Officer who after holding such enquiry as he may deem fit, may set
aside, modify or confirm the said order and his decision thereon shall be final.

Power to make general orders.- A Gram Panchayat may by
general order to be published in the manner prescribed, –
(a) prohibit the use of water of a well, pond or other excavation
suspected to be dangerous to the public health;
(b) regulate or prohibit the watering of cattle or bathing or washing at
or near wells, ponds or other excavations reserved for drinking
water;
(c) regulate or prohibit the steeping of hemp or any other plant in or
near ponds or other excavations within two hundred and twenty
metres of the residential area of a village;
(d) regulate or prohibit the dyeing or tanning of skins within four
hundred and forty meters of the residential area of a village;
(e) regulate or prohibit the excavation of earth or stone or other
materials, within two hundred and twenty meters of the residential
area of a village:
Provided that nothing shall be done under this clause to
prevent excavations meant to be filled by the foundation of buildings
or other structures;
(f) regulate or prohibit the establishment of brick kilns and charcoal
kilns within eight hundred and eighty meters and pottery kilns
within two hundred and twenty metres of the residential area of a
village;
(g) direct that the carcasses of all animals dying within the village,
except animals slaughtered for consumption shall not be disposed
of within a radius of four hundred and forty metres of the
residential area of the village;
(h) regulate the construction of new buildings or the extension or
alterations of any existing building or the abadi;
(i) regulate with the previous permission of the Government, the
parking of public vehicles;
29
(j) regulate such matters as may be necessary for the general
protection of standing trees and trees on common land and the
planting of such trees;
(k) regulate the observance of sanitation and taking curative and
preventive measures to remove and prevent the spread of
epidemics;
(l) regulate the maintenance of water courses meant for irrigation
purposes;
(m) regulate the killing of stray dogs;
(n) regulate the slaughter of animals;
(o) prohibit beggary;
(p) direct the taking of measures for the prevention of water-logging;
(q) regulate the flaying and disposal of dead animals;
(r) prohibit the sale of harmful eatables within the Sabha area; and
(s) regulate offensive and dangerous trades or practices;
1
[(t) protect public property such as sign boards, mile-stones on public
roads, paths, irrigation and water supply schemes, public taps,
public wells, hand pumps, community centres, mahila mandal
bhawans, school buildings, Health/Veterinary/Ayurvedic
Institution buildings.]
Control on erection of buildings.- (1) The Gram Panchayat, after
preparing a model plan for the village which has been approved by the Gram
Sabha and the prescribed authority by written order, may-
(a) direct that before erecting, re-erecting or adding to a building, wall
or a platform every person shall present an application to the
Gram Panchayat and that no building, wall or platform shall be
erected, re-erected or added to in conflict with the model plan or
in advance of an alignment to be specified on land demarcated by
the Gram Panchayat; and
(b) specify the space which shall intervene between any new or
enlarged building and the building next adjacent or any road in
the village.
(2) The Gram Panchayat shall have the power to modify, return for
modification or reject the proposed plan for erection, re-erection or addition to
a building, wall, or platform.
(3) Where any building, wall or platform has been erected, re-erected
or added to in contravention of any order passed under sub-section (1), the
Pradhan may report to the Sub-Divisional Officer and the said Officer may
make an order-

1 Clause (t) added vide Act No. 4 of 2001 w.e.f. 15.11.2000..
30
(i) directing that the work done or so much of the same as has been
executed in contravention of the order passed under sub-section
(1) shall be demolished by the owner of the building, wall or
platform or that it shall be altered by him to the satisfaction of
the Gram Panchayat within such time as may be fixed by him; or
(ii) directing that the work done or so much of the same as has been
executed in contravention of the order passed under sub-section
(1) shall be demolished or altered by the Gram Panchayat at the
expense of the owner within such time as may be fixed by him:
Provided that the Sub-Divisional Officer shall not make any such
order without giving the owner full opportunity of adducing evidence and of
being heard.
(4) If any person to whom a direction to demolish or alter any
building, wall or platform, is given under clause (i) of sub-section (3) fails to
obey the same, he shall be liable to fine which may extend to twenty-five
rupees and when the failure is a continuing one, to further fine which may
extend in the case of a masonry building, wall or platform, to five rupees each
day on which the failure continues; provided that the recurring penalty shall
not exceed the sum of five hundred rupees.
1
[15. Penalty for disobedience of a special or general order of the
Panchayat.- Any person who disobeys an order of the Gram Panchayat made
under sections 12 and 13 shall be liable to a penalty which shall be imposed
by the Gram Panchayat and may extend 2
[one thousand rupees]; and if the
breach is a continuing breach, with further penalty which may extend to ten
rupees for every day after the first during which the breach continues:
Provided that recurring penalty shall not exceed the sum of 3
[five
thousand rupees]. The penalty, if not paid shall be recovered as arrears of land
revenue.]

Power to enquire and make report about misconduct of
certain officials.- (1) On a complaint being made to the Gram Panchayat by
any person that a peon, bailiff, constable, head constable, chaukidar, patrol of
the Irrigation Department, forest guard, patwari, vaccinator, canal overseer,
gram sewak, game watcher or any other class of public servants to which the
Government may, by notification, extend the provisions of this section has
misconducted himself in his official capacity, the Gram Panchayat may
enquire into the matter and submit a report alongwith the prima facie evidence
to the superior officer whom it may concern, or to the Deputy Commissioner
or the Sub-Divisional Officer, as the case may be, and the said officer shall,
after such further inquiry as may be required, take suitable action under
intimation to the Gram Panchayat and the Director.

1
. Section 15 subs. vide Act No.18 of 2000.
2
Subs. for the words “two hundred and fifty rupees” vide Act No. 17 of 2005 w.e.f.
30.5.2005.
3
Subs. for the words “one thousand rupees” vide Act No. 17 of 2005 w.e.f.
30.5.2005.
31
(2) On the report being made by any person that a patwari, chaukidar,
gram sewak, forest guard or any other class of public servants to which the
Government may by notification extend the provisions of this section, has
failed to perform any duty imposed upon him by any law or rules, the Gram
Panchayat may, by notice fixing a reasonable period, require him to perform
the duty and, on his failure to do so, shall report the matter to the superior
officer whom it may concern, or to the Deputy Commissioner or the SubDivisional Officer, as the case may be, and the said officer shall, after such
enquiry as may be required, take suitable action under intimation to the Gram
Panchayat and the Director.

Power to contract for the collection of taxes and other dues.- A
Gram Panchayat may, notwithstanding any law to the contrary, in respect of
any area within its jurisdiction, enter into contract with the Government or a
local body to collect land revenue or any tax or dues payable to the
Government or a local body on being allowed such collection charges as may
be prescribed. A Gram Panchayat may also within its jurisdiction, enter into a
contract with all or any of the land owners to collect rent on his or their behalf
on being allowed by the landowner such collection charges as may be
prescribed.
Power to introduce prohibition.- (1) A Gram Panchayat may by
vote of at least two-third majority of members, direct that intoxicating liquor
may not be sold at any licensed shop within the local area of the Gram
Panchayat.
(2) When a resolution has been passed under sub-section (1), it shall
take effect from the first day of April of the year next after such resolution.
(3) Notwithstanding anything contained in any Excise Act and the
rules made thereunder, such a resolution will be binding upon the Excise and
Taxation Commissioner subject to the approval by the Government.
Power of entry and inspection.- The Pradhan of the Gram
Panchayat, and if authorized in writing in this behalf by the Gram Panchayat,
Up-Pradhan or any other member may enter into or upon any building or land,
with or without assistance or workmen in order to make an inspection or
survey or to execute a work which a Gram Panchayat is authorised to make or
execute by this Act or the rules or bye-laws made thereunder:
Provided that-
(a) no such entry shall be made between sun-set and sun-rise;
(b) sufficient notice shall, in very instance, be given even when any
premises can otherwise be entered without notice to enable the
inmates of an apartment occupied by women to remove
themselves to some part of the premises where their privacy
shall not be disturbed; and
(c) due regard shall always be had to the social and religious usages
of the occupants of the premises entered.
32
Power to manage fairs and markets.- The Gram Panchayat may
start, manage and regulate fairs and markets within the Sabha area in the
prescribed manner.
Power over waterways etc.- A Gram Panchayat shall have
control of all public streets, waterways, other than canals as defined in any
other enactment for the time being in force relating to a canal or a minor
canal, situated within its jurisdiction, not being a private street or waterway
and not being under the control of the Government or any other authority
specified by the Government and may do all things necessary for the
maintenance and repair thereof, and may-
(a) construct new bridges or culverts;
(b) divert, discontinue or close any public street, culvert or bridge;
(c) widen, open, enlarge or otherwise improve a public street, culvert
or bridge with minimum damage to the neighboring fields;
(d) deepen or otherwise improve water ways;
(e) with the sanction of the prescribed authority undertake small
irrigation projects;
(f) cut any hedge or branch of any tree projecting on public street;
(g) notify the setting a part of any public water course for drinking or
culinary purposes, and prohibit bathing, washing of clothes and
animals or doing of other acts likely to pollute the course so set
apart:
Provided that nothing shall be done under clause (g) which may affect
a canal governed by any other enactment for the time being in force relating to
a canal or a minor canal, without the prior permission of the authority
prescribed by the Government in this behalf.
Powers regarding naming of streets and numbering of
buildings.- (1) A Gram Panchayat may-
(a) cause a name to be given to a street by affixing it to or painting it
on any building or otherwise in such position or manner as it
may think fit; and
(b) cause a number to be affixed to or painted on any building in
such a position or manner as it may think fit.
(2) The Gram Panchayat may require the owner or occupier of any
building to paint thereon a number or itself cause such a number to be painted
on any building.
(3) Any person destroying, pulling down, defacing or altering any
name plate of a street or number affixed to or painted on a building under subsections (1) and (2) or affixing to or painting on a building a different name or
number from that affixed or painted by or under the order of the Gram
33
Panchayat shall, on conviction, be liable to fine which may extend to 1
[one
hundred rupees]. The fine shall be recoverable in the prescribed manner.
2
[23. Constitution and functions of Standing Committees.- (1)
Every Gram Panchayat shall, from amongst its members, constitute by
election, following Standing Committees:-
(i) Works Committee; and
(ii) Budget Committee.
(2) One committee shall be headed by the Pradhan and the other by
the Up-Pradhan, as may be decided by the Gram Panchayat by majority vote
in its meeting.
(3) Each committee shall consist of three members including the
Pradhan or the Up-Pradhan, as the case may be.
(4) All developmental works of the gram Panchayat shall be executed
by the Works Committee, in the manner as may be prescribed, and if
considered necessary, the Gram Panchayat may form sub-committees to
supervise and monitor performance of such works and to obtain accounts
thereof.
(5) The Budget Committee shall prepare the annual budget of the
Gram Panchayat and shall submit the same to the Secretary for placing it
before the Gram Panchayat for consideration and approval.
(6) The Gram Panchayat may constitute more Standing Committees
for performing such other functions as may be entrusted to them by the Gram
Panchayat.]
Joint Committee.- Subject to such rules as may be prescribed two
or more Gram Sabhas may combine by means of written instrument to appoint
a Joint Committee consisting of their representatives for the purpose of
transacting any business in which they are jointly interested.
Work to be entrusted to Joint Committee or Panchayat
Samiti.- (1) If two or more Gram Sabhas are jointly interested in transacting
any business, they may delegate to the joint committee, formed in accordance
with the provisions of section 24 or to the Panchayat Samiti, power, with such
conditions as they may think proper to impose, to frame any scheme binding
on each Gram Sabha as to the construction and maintenance of any joint work
and as to the power which may be exercised by any such Sabha in relation to
such scheme:
Provided that the Gram Sabha shall pay the cost of the transaction of
the business or the execution of the scheme as to the construction and
maintenance of any joint work in such proportion as may be agreed upon in
the written instrument.

1
Subs. for the words “ten rupees” vide Act No. 18 of 2000.
2
Section 23 subs. vide Act No. 22 of 2001 and further subs. vide Act No. 17 of 2005
w.e.f. 30.5.2005.
34
(2) If any difference of opinion arises between the Gram Sabha acting
under this section it shall be referred to the prescribed authority whose
decision shall be final.

Maintenance and improvement of Schools, hospitals and
dispensaries.- (1) The Gram Panchayat shall render such assistance as may be
prescribed in the maintenance, improvement and efficient running of the
schools, hospitals and dispensaries in or near its jurisdiction.
(2) The Gram Panchayat may contribute funds to any charitable or
national cause or any work or scheme for removing distress and ameliorating
the conditions of the people in the rural areas as approved by the Government.
Establishment of School, hospital or dispensary for group of
Panchayats.- Where a group of neighbouring Gram Panchayat areas have no
school, hospital or dispensary, the Gram Panchayat thereof shall, if so directed
by the Government, combine to help in establishing such a school, hospital or
Ayurvedic or Unani dispensary and it shall be managed in the manner
prescribed:
Provided that the Government shall place such funds, as may be
necessary for the purpose, at the disposal of the Gram Panchayats concerned
Assistance to the Government servants.- A Gram Panchayat
shall, if so prescribed and so far as practicable, assist any Government servant
in the performance of his duties within its area.
Power to take over management of institutions etc.- Subject to
rules made under this Act and the conditions agreed upon in writing, a Gram
Panchayat may receive from any person any property vested in him, or the
execution or maintenance of any work, or the performance of any duty, within
its area:
Provided that no work of more than five thousand rupees shall be
entrusted to, or undertaken by, a Gram Panchayat except with the previous
approval of the Deputy Commissioner.
CHAPTER-IV
JUDICIAL FUNCTIONS AND POWERS OF GRAM PANCHACYAT
Bar for Panches to take part in certain cases.- (1) No Panch
shall take part in any case, suit or proceedings to which he or she or his or her
near relation, employed or employee, or partner in business is a party or in
which any of them is personally interested.
(2) If by reason of the number of Panches disqualified under subsection (1) there remains no quorum the Gram Panchayat shall send the case
or the suit to the Judicial Magistrate or the Sub-Judge or the Collector having
jurisdiction, as the case may be, for disposal in accordance with law.
Explanation.- ‘near relation’ means father, grandfather, father-in-law,
maternal or paternal uncle, son, grandson, son-in-law, brother, nephew,
35
brother-in-law, wife, sister , sister’s husband, mother, daughter, niece, motherin-law, daughter-in-law and husband.
Territorial jurisdiction.- (1) Notwithstanding anything contained
in the Criminal Procedure Code, 1973( 2 of 1974), every case instituted under
this Act shall be instituted before the Pradhan, or in his absence before UpPradhan, of the Gram Panchayat of the Sabha area in which the offence was
committed.
(2) Notwithstanding anything contained in the Civil Procedure Code,
1908( 5 of 1908) , or in the Himachal Pradesh Tenancy and Land Reforms
Act, 1972 (8 of 1974), every suit instituted under this Act shall be instituted
before the Pradhan, or in his absence before Up-Pradhan, of the Gram
Panchayat of the Gram Sabha area in which the defendant, or any of the
defendants, where they are more than one, ordinarily resides or carries on
business at the time of the institution of the suit irrespective of the place
where the cause of action arose.
(3) Notwithstanding anything contained in the Himachal Pradesh
Land Revenue Act, 1954 (6 of 1954), every proceeding specified under
section 48 shall be transferred by the revenue court concerned to the Gram
Panchayat within the local area in which the land concerned is situated and the
Gram Panchayat shall decide such proceedings in the manner prescribed:
Provided that where land is included in the local area of more than
one Gram Panchayats, the revenue court concerned shall transfer the
proceedings to the Gram Panchayat within the area of which the greater part
of the land is situated.
Offences cognizable by Gram Panchayat.- (1) Offences
mentioned in Schedule-III or declared by the State Government to be
cognizable by a Gram Panchayat, if committed within the jurisdiction of a
Gram Panchayat, and abetment of and attempts to commit such offences shall
be cognizable by such Gram Panchayat.
(2) Application for maintenance under section 125 of the Code of
Criminal Procedure, 1973 (2 of 1974), shall be heard and decided by the Gram
Panchayat. A Gram Panchayat may grant a maintenance allowance not
exceeding five hundred rupees per month on such application without
prejudice to any other law for the time being in force in this behalf.
Penalties.- A Gram Panchayat may impose a fine not exceeding
one hundred rupees but shall not inflict a sentence of imprisonment either
substantive or in default of payment of fine.
No cognizance by Courts.- No Court shall take cognizance of
any case suit or proceeding which is cognizable under this Act by a Gram
Panchayat established for the area to which the case, suit or proceeding
relates, unless an order has been passed under section 67.
Transfer of criminal proceedings to the Gram Panchayat in
certain cases.- If, at any stage of the proceedings in a criminal case pending
before a Magistrate, it appears that the case is triable by a Gram Panchayat, he
36
shall at once transfer the case to that Gram Panchayat which shall try the case
de-novo.
Summary disposal of complaint.- A Gram Panchayat may
dismiss any complaint, if after examining the complainant and taking such
evidence as he produces, it is satisfied that the complaint is frivolous,
vexatious or untrue.
Return of complaints.- If, at any time, it appears to a Gram
Panchayat,-
(a) that it has no jurisdiction to try any case before it; or
(b) that the offence is one for which it cannot award adequate
punishment; or
(c) that the case is of such a nature or complexity that it should be
tried by a regular court,
it shall return the complaint to the complainant directing him to file it before
the Magistrate having jurisdiction to try such case.
Certain persons not to be tried by the Gram Panchayat.- No
Gram Panchayat shall take cognizance of any offence where the accused–
(a) has been previously convicted of an offence punishable with
imprisonment of either description for a term of three years or
more; or
(b) has been previously fined under section 379 of the Indian Penal
Code (45 of 1860) by any Gram Panchayat or has been previously
convicted and sentenced under the said section by a Court; or
(c) has been bound over to be of good behaviour under section 109 or
110 of the Code of Criminal Procedure, 1973( 2 of 1974); or
(d) has been previously convicted of gambling; or
(e) is Government servant and act complained of is the one done in
his official capacity.
Compensation to the accused.- If a Gram Panchayat is satisfied
after enquiry that a case brought before it was false, frivolous or vexatious, it
may order the complainant to pay to the accused such compensation not
exceeding two hundred rupees, as it thinks fit.
Enquiry in cases forwarded by a Magistrate.- A Magistrate
may direct an inquiry to be made under section 202 of the Code of Criminal
Procedure, 1973 (2 of 1974), by a Gram Panchayat in any case in which the
offence was committed within the territorial jurisdiction of such Gram
Panchayat and the Gram Panchayat shall inquire into the case and submit its
report to the said Magistrate.
Extent of jurisdiction.- (1) The jurisdiction of a Gram Panchayat
shall extend to any suit of the following description if its value does not
exceed two thousand rupees:-
37
(a) a suit for money due on contract other than a contract in respect
of immovable property;
(b) a suit for the recovery of movable property or for the value there
of;
(c) a suit for compensation for wrongfully taking or damaging a
moveable property;
(d) a suit for damages caused by cattle trespass; and
(e) a suit under clauses (f) and (i) of sub-section (3) of section 58 of
the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of
1974).
(2) Notwithstanding anything contained in sub-section (1), the State
Government or the prescribed authority may, by notification in the Official
Gazette, extend the pecuniary jurisdiction of Gram Panchayat to five thousand
rupees in respect of any or all the suits of the description mentioned in subsection (1).
Extension of jurisdiction by agreement of parties.- Parties to a
suit may, by a written agreement, refer any suit of the nature mentioned in
section 59 to a Gram Panchayat for decision by it and the Gram Panchayat
shall, subject to the rules prescribed, determine and dispose of such suit under
this Act.
Application for transfer of cases from one Gram Panchayat to
another Gram Panchayat.- (1) Notwithstanding anything to the contrary
contained in this chapter, if in any criminal case or civil suit or revenue
proceeding before a Gram Panchayat any party intimates, at any stage before
the pronouncement of the final order or decree, that it intends to put up an
application under this section to the Judicial Magistrate or the Sub-Judge or
the Collector, as the case may be, for transfer of the case, suit or proceeding,
the Gram Panchayat shall direct the applicant to make such application within
a reasonable time to be fixed by the Gram Panchayat, which shall not be less
than fifteen days and adjourn the case, suit or proceeding for such period as
will afford sufficient time for the application to be put up and an order to be
obtained thereon:
Provided that nothing herein contained shall require the gram
Panchayat to adjourn the case, suit or proceeding upon a second or subsequent
intimation form the same party.
(2) The Judicial Magistrate or the Sub-Judge or the Collector, as the
case may be, may upon such application, for reasons to be recorded in writing,
transfer the case, suit or proceeding to another Gram Panchayat within his
jurisdiction which shall try or hear the case, suit or proceeding, as the case
may be.
Exclusion of Gram Panchayat jurisdiction.- A Gram Panchayat
shall have no jurisdiction to take cognizance of any of the following suits:-
(a) a suit for a balance of partnership account;
38
(b) a suit for a share or part of a share under intestacy or for a legacy
or part of legacy under a will;
(c) a suit by or against the State or a public servant for acts done in his
official capacity; and
(d) a suit by or against a minor, or a person of unsound mind.
Suit to include the whole claim.- (1) Every suit instituted before
a Gram Panchayat shall include the whole of the claim which the plaintiff is
entitled to make in respect of the matter in dispute, but he may relinquish any
portion of his claim in order to being it within the jurisdiction of the Gram
Panchayat.
(2) If a plaintiff omits to sue in respect of or relinquishes any portion
of the claim, he shall not afterwards sue in respect of the portion so omitted or
relinquished.
Limitation.- Every suit instituted before a Gram Panchayat after
the period of limitation prescribed therefor in Schedule-IV shall be dismissed,
even though limitation has not been set up as a defence:
Provided that in computing the period of limitation prescribed for any
suit the time during which the plaintiff has prosecuted with due diligence the
suit against the defendant in any court shall be excluded where such suit is
founded upon the same cause of action and was prosecuted in good faith in a
court which from defect of jurisdiction or any cause of like nature was unable
to entertain it.
Effect of decision by Gram Panchayat.- The decision of the
Gram Panchayat on the question of title, legal character, contract or obligation
shall not bind the parties except in respect of the suit in which such matter is
decided.
Proceeding under section 46 of the Himachal Pradesh Land
Revenue Act.- (1) The revenue court concerned shall transfer to the Gram
Panchayat, if any, having jurisdiction, all applications under section 46 of the
Himachal Pradesh Land Revenue Act, 1953( 6 of 1954) if the relief required
is the restoration of possession to the lawful occupant who is found to have
been wrongfully dispossessed of landed property within a period of three
months previous to the date of filing the application in the office of the
revenue court concerned:
Provided that the revenue court concerned may for sufficient reasons
to be recorded, forward any such application to the Sub-Divisional Officer
who shall decide whether the application should or should not be transferred
to the Gram Panchayat.
(2) A revenue officer may, in a proceeding under section 46 of the
said Act, call for a report from the Gram Panchayat on a question of fact.
Procedure in revenue proceedings.- In proceedings under the
Himachal Pradesh Land Revenue Act, 1953( 6 of 1954) the Gram Panchayat
shall follow the prescribed procedure.
39
Resjudicata.- No Gram Panchayat shall try any suit, proceedings
or issue in respect of any matter which is pending for decision, or has been
heard or decided by a court of competent jurisdiction in a former suit between
the same parties or between the parties under whom they or any of them
claim.
Double jeopardy.- Where a case is pending in any court against
an accused person in respect of any offence or where an accused person has
been tried for any offence, no Gram Panchayat shall take cognizance of any
such offence, or on the same facts, of any other offence, of which the accused
might have been charged or convicted.
Concurrent jurisdiction.- Where a case, suit or proceeding is
maintainable in more than one Gram Panchayats the plaintiff or the
complainant or the applicant, as the case may be, may bring the case, suit or
proceeding in any one of such Gram Panchayats. Any dispute regarding
jurisdiction shall be decided by the judicial Magistrate, Sub-Judge or the
Collector having jurisdiction, as the case may be.
Institution of suits and cases.- (1) Any person may institute a
case, a suit or a proceeding before a Gram Panchayat by an oral or written
application to the Pradhan, or in his absence to the Up-Pradhan, of the Gram
Panchayat and shall at the same time pay the prescribed fee. The Himachal
Pradesh Court Fees Act, 1968 (8 of 1968) shall not apply to Gram Panchayat
except as may be prescribed.
(2) In every suit the plaintiff shall state its value.
Recording of substance of the complaints and application and
appointment of benches.- (1) Where a case, suit or a proceeding is instituted
orally, the Pradhan or the Up-Pradhan receiving the complaint or application
shall record without delay the prescribed particulars and take the signature or
thumb impression of the complainant or applicant thereon.
(2) On recording the substance of the complaint or application in the
register under sub-section (1) the Pradhan or in his absence the Up-Pradhan,
as the case may be, shall, or on a reference by a revenue court concerned,
appoint a bench of the Gram Panchayat consisting of three Panches and refer
the said complaint or application to that bench for disposal and shall also fix a
date for the first hearing of the complaint or application before the said bench
and give notice of the said date to the complainant or the applicant and to the
Panches thereof:
Provided that no Panch, who is a member of the Gram Sabha in the
ward for election to the Gram Panchayat in which ward the place of
occurrence of the case lies, or in which ward the cause of action for the suit
arose, as the case may be, shall be included on the bench.
(3) On the date fixed for the first hearing of case, suit or proceedings
the bench formed under sub-section (2), shall, unless the Pradhan or UpPradhan is a member of it, choose one of the Panches to be the Chairman of
40
that bench to conduct the proceedings and shall take up and hear case, suit or
proceedings, as the case may be, in the prescribed manner.
(4) For the purposes of judicial functions, a Gram Panchayat shall
include a bench thereof.
Absence of parties in cases and suits.- (1) If the complainant or
the plaintiff or the applicant fails to appear after having been informed of the
time and place fixed for hearing, the Gram Panchayat may dismiss the case,
suit or proceedings or pass such order as it may deem fit.
(2) The Gram Panchayat may hear and decide the suit or proceeding
in the absence of the defendant or opposite party, if the summons have been
served upon him or if he has been informed of the time and place fixed for
hearing.
Gram Panchayat not to revise or alter its decision.- (1) Except
as provided in sub-section (2) or to correct a clerical error, a Gram Panchayat
shall have no power to cancel, revise or alter any decree or order passed by it.
(2) On an application made within one month of the date of the decree
or order or knowledge thereof in case personal service of summons has not
been affected, a Gram Panchayat, may for sufficient reasons to be recorded,
restore any suit or proceedings which has been dismissed in default or set
aside a decree or order which has been passed ex-parte.
No legal practitioner to appear.- No legal practitioner shall
appear, plead or act, on behalf of any party in any suit, case or proceeding
before a Gram Panchayat.
Appearance in person or by representative.- Subject to the
provisions of section 57 any party to a suit, case or proceeding may appear
before a Gram Panchayat either in person or by such servant (not being a tout
or a petition writer), partner or relation authorized by him and permitted by
Gram Panchayat to represent him.
Compromise.- (1) Notwithstanding anything contained in this
Act or in any other law for the time being in force, a Gram Panchayat may
decide any civil or revenue dispute arising in its local area and not pending in
any court in accordance with any settlement or promise or oath agreed upon
by the parties and like-wise decide a case if compoundable.
(2) For the removal of doubts, it is hereby declared that a Gram
Panchayat shall exercise the power vested in it under sub-section (1) in
respect of such cases, suits or proceedings with reference to which it has
power to decide.
Procedure and power to ascertain truth.- (1) The Gram
Panchayat shall receive such evidence in a case, suit or proceeding, as the
parties may adduce and may call for such further evidence as, in their opinion,
may be necessary for the determination of the points in issue.
(2) The Gram Panchayat may make local investigation in the village
to which the dispute relates.
41
(3) It would be the duty of the Gram Panchayat to ascertain the facts
of every case, suit or proceeding before it by every lawful means, in its power
and thereafter to make such decree, or order, with or without costs as it may
deem just and legal.
(4) The Gram Panchayat shall follow the procedure prescribed by or
under this Act. The Code of Civil Procedure, 1908 ( 5 of 1908), the Indian
Evidence Act, 1872 ( 1 of 1872), the Code of Criminal Procedure, 1973 (2 of
1974) and the Limitation Act, 1963 (36 of 1963), shall not apply to any suit,
case or proceedings before a Gram Panchayat except as provided in this Act
or as may be prescribed.
Majority to prevail.- In the event of any disagreement between
the Panches, while deciding a criminal case, suit or proceeding, the opinion of
the majority shall prevail.
Dismissal of suits etc.- A Gram Panchayat may dismiss any suit
or proceeding if after examining the plaintiff or the applicant it is satisfied that
the suit or proceeding is frivolous, vexatious or untrue.
Summons to defendant or accused.- A Gram Panchayat, after an
application is made under section 53, shall, unless it has been dismissed or
otherwise disposed of under the provisions of this Act, cause summons in the
prescribed form to be served in the prescribed manner on the defendant or the
accused person or an opposite party requiring him to attend and produce his
evidence at such time and place as may be stated in the summon and shall at
the same time direct the plaintiff or complainant or the applicant to attend and
produce his evidence at such time and place.
Failure of the accused to appear.- (1) If the accused fails to
appear or cannot be found, the Gram Panchayat shall report the fact to the
nearest Magistrate.
(2) The Magistrate shall, on the receipt of a report under sub-section
(1), issue a warrant for the arrest of the accused and shall direct by an
endorsement on the warrant that if such person executes a bond with sufficient
sureties for his attendance before himself in the manner provided by section 7
of the Code of Criminal Procedure, 1973, he shall be released from custody.
(3) When the accused appears before the Magistrate he shall direct
him to execute a bond with or without sureties to appear before the Gram
Panchayat, Pradhan or Up-Pradhan or any Panch on such date as he may
direct and thereafter to continue to appear before the Gram Panchayat as
directed by such person or the Gram Panchayat.
(4) On his failure to execute such bond the Magistrate shall order that
the accused be produced in custody before the person mentioned in subsection (3) or the Gram Panchayat on such date not more than fifteen days
later as he may direct.
(5) If the accused fails to appear before the Gram Panchayat after
executing a bond under sub-section (3), the Gram Panchayat shall report the
fact to the Magistrate before whom the bond was executed, and such
42
Magistrate before whom the bond was executed, and such Magistrate shall
proceed in accordance with the provisions of Chapter XXXIII of the Code of
Criminal Procedure, 1973 (2 of 1974).
Issue of summons to witnesses.- A Gram Panchayat may if it
considers the evidence of, or the production of a document by, any person
necessary in a suit, case or proceeding issue and cause to be served in the
prescribed manner, summons on such person to compel his attendance or to
produce or cause the production of such document and such person shall be
bound to comply with the direction contained in the summons.
Penalties for failing to appear before the Gram Panchayat.- If
any person who is summoned by a Gram Panchayat by a written order to
appear, to give evidence or to produce any document before it, willfully
disobeys such summons or notice or order, the Gram Panchayat may make a
complaint to the Magistrate having jurisdiction and the said person shall be
punishable with fine which may extend to twenty five rupees:
Provided that no women shall be compelled to appear in person
before the Gram Panchayat, and she may be examined on commission in the
manner prescribed:
Provided further that if a document is produced in obedience to a
summon issued under this section, the Gram Panchayat shall cause the
document to be copied, mark the copy, after comparing with the original, to
be true copy and return the original document to the person producing the
same.
Appeal.- Any person aggrieved by an order or decree of a Bench
of the Gram Panchayat may appeal within a period of thirty days from the
date of such order or decree to the Judicial Magistrate/Sub-Judge in respect of
any case or suit, as the case may be, and the Collector concerned in respect of
any proceedings under the Himachal Pradesh Land Revenue Act, 1953 (6 of
1954).
Finality of decree or order of the Gram Panchayat.- A decree
or order passed by a Gram Panchayat in any suit, case or proceedings under
this Act shall be final subject to the provisions of section 67.
Frivolous appeals.- If any application under section 67 is
frivolous, the appellant may be fined upto rupees fifty by the Judicial
Magistrate, Sub-Judge or Collector concerned, as the case may be.
Payment or adjustment of decree to be recorded.- If on the
application of the decree holder or the judgment debtor the Gram Panchayat
which passed the decree finds after inquiry that the decree has been satisfied
wholly or in part, the Gram Panchayat shall record the fact in the prescribed
register.
Execution of decrees.- (1) A decree or order passed by a Gram
Panchayat shall be executed in such manner as may be prescribed. If the
43
property of the defendant 1
[or respondent, as the case may be,] is situated
outside the jurisdiction of the Gram Panchayat passing such order or decree, it
may transfer the decree or order for execution in the prescribed manner to the
Gram Panchayat within whose jurisdiction the property may be situated and if
there be no such Gram Panchayat then to the court of the Sub-Judge 2
[or the
Judicial Magistrate] within whose jurisdiction it may be situated and the said
Gram Panchayat or the Sub-Judge 3
[or the Judicial Magistrate], as the case
may be, shall execute the decree or order as if it were a decree or order passed
by it or him.
4
[(2) If a Gram Panchayat finds any difficulty in executing a decree or
order, it may forward the same to the Sub-Judge or the Judicial Magistrate
concerned and the Sub-Judge or the Judicial Magistrate, as the case may be,
shall than execute the decree or order as if it were a decree or order passed by
him.]
(3) An order under the Himachal Pradesh Land Revenue Act, 1953 (6
of 1954), shall, as far as possible, be executed as provided in sub-sections (1)
and (2). Sub-section (2) shall be read and construed as if for the word “SubJudge” the words “Collector concerned” were substituted.
Recovery of fines.- The fine imposed in a case by a Gram
Panchayat shall be recoverable in the manner prescribed. If the Gram
Panchayat finds any difficulty in its recovery, it may request the Judicial
Magistrate within whose jurisdiction the Gram Panchayat lies, to recover it
and he shall recover it as if the sentence of fine had been passed by him.
Protection to Gram Panchayats.- The provisions of the Judicial
Officers Protection Act, 1850 (18 of 1850) shall apply to the members of the
Gram Panchayat, in respect of the acts done by it or them in judicial capacity.
Duty of police towards Gram Panchayats.- Every police officer
shall give immediate information in the prescribed manner to the Gram
Panchayat of an offence coming to his knowledge which has been committed
within the jurisdiction of the Gram Panchayat and is triable by the Gram
Panchayat and shall assist all Panches and servants of the Gram Panchayat in
the exercise of their lawful authority.
Proceeds of fee and fines etc.- All sums realised by way of court
fees in any case, suit or proceeding or by way of fine in cases tried and
disposed of by Gram Panchayat shall be handed over by the State Government
to the Gram Panchayat in the prescribed manner.
Conviction by Gram Panchayat not to be a previous
conviction.- No conviction by a gram Panchayat shall be deemed to be a
previous conviction for the purpose of section 75 of the Indian Penal Code,

1
. Inserted vide Act No. 10 of 2002.
2
. Inserted vide Act No. 10 of 2002.
3
. Inserted vide Act No. 10 of 2002.
4
. Existing sub-section (2) subs. vide Act No. 10 of 2002.
44
1860 (45 of 1860) or section 356 or 360 of Code of Criminal Procedure, 1973
(2 of 1974).
CHAPTER-V
PANCHAYAT SAMITI

Establishment of Panchayat Samiti.- (1) For each Block there
shall be a Panchayat Samiti, having jurisdiction, over the entire block
excluding such portions of the block as are included in a Municipality
constituted under any law for the time being in force.
1
[* ]
Constitution of Panchayat Samiti.- (1) Every Panchayat Samiti
shall consist of-
(a) the directly elected members from territorial constituencies as
determined under the Act;
(b) the Members of the House of the people and the Members of the
Legislative Assembly of the State representing constituencies
which comprise wholly or partly the Panchayat Samiti area;
(c) the Members of the Council of States, where they are registered as
electors within the Panchayat Samiti area;
(d) one-fifth of the Pradhans of Gram Panchayats in the Panchayat
Samiti area, by rotation, for such period as the prescribed
authority may determine, by lot:
Provided that a Pradhan who was a member under this
clause for one term shall not be eligible to become member for a
second term during the remainder of his term of office as Pradhan;
2
[(e) the member of the Zila Parishad, representing the ward which
comprises wholly or partly the Panchayat Samiti area.]
(2) The Pradhans of Gram Panchayat and other members of the
Panchayat Samiti whether or not chosen by direct election from territorial
constituencies in the Panchayat Samiti shall have the right to vote in the
meetings of the Panchayat Samiti except in the election and removal of the
Chairman or Vice-Chairman only the elected members shall have the right to
vote.
(3) The number of elected members of a Panchayat Samiti under
clause (a) of sub-section (1) shall consist of persons elected from the
territorial constituencies in the Samiti area as may be notified from time to
time by the Government at the rate of one member for every 3
[three thousand
five hundred] population or part thereof:

1
. Sub-section (2) omitted vide H.P. Act No. 10 of 1997 w.e.f. 16.1.1997.
2
. Clause (e) added vide Act No. 22 of 2001.
3
. Subs. for the words “three thousand” vide Act No. 17 of 2005 w.e.f. 30.5.2005.
45
Provided that in a Panchayat Samiti area having a population of not
exceeding 1
[fifty two thousand five hundred] there shall be minimum of 15
elected members:
Provided further that where the population of a Panchayat Samiti area
is more than 2
[one lakh and forty thousand], it shall be divided into territorial
constituencies in such manner that the total number of constituencies shall not
exceed forty and the population of each constituency shall, as far as
practicable, be the same in each constituency:
Provided further that the Government may, irrespective of the
population of the Panchayat Samiti area, declare, by a notification, that the
provisions of this section shall apply to a Panchayat Samiti in a scheduled
area, subject to such exceptions and modifications as may be specified by it in
such a notification.
Explanation.- For the purpose of sub-section (3) of this section the
word part thereof shall mean the calculation to the nearest multiple of one-half
ignoring less than one-half and counting one-half or more as one for
determining the population for fixing the seats.
(4) Seats shall be reserved in a Panchayat Samiti for the:-
(a) Scheduled Castes; and
(b) the Scheduled Tribes;
and the number of seats so reserved shall bear, as nearly as
may be, the same proportion to the total number of seats to be
filled by direct election in that Panchayat Samiti as the
population of the Scheduled Castes in that Panchayat Samiti
area or of the Scheduled Tribes in that Panchayat Samiti area
bears to the total population of that area and such seats may
be allotted by rotation to different constituencies in a
Panchayat Samiti in such manner, as may be prescribed.
3
[(5) 4
[One-half] of the total number of seats reserved under subsection (4) shall be reserved for women belonging to the Scheduled Castes or,
as the case may be, the Scheduled Tribes.
(5-A) 5
[One-half] (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total
number of seats to be filled by direct election in every Panchayat Samiti shall
be reserved for women.]

1
Subs. for the words “forty five thousand” vide Act No. 17 of 2005 w.e.f. 30.5.2005.
2
Subs. for the words “one lakh and twenty thousand” vide Act No. 17 of 2005 w.e.f.
30.5.2005.
3
. Sub-Sections (5) and (5-A) subs. for existing Sub-Section (5) vide Act No. 18 of
2000.
4
. Subs. for the words “Not less than one-third” vide Act No. 10 of 2008 effective
w.e.f. 13.6.2008.
5
. Subs. for the words “Not less than one-third” vide Act No.10 of 2008 2008
effective w.e.f. 13.6.2008.
46
(6) The State Government may, by general or special order, reserve
such number of seats for persons belonging to Backward Classes in a
Panchayat Samiti, not exceeding the proportion to the total number of seats to
be filled by direct election in the Panchayat Samiti as the population of the
persons belonging to Backward Classes in that Panchayat Samiti area bears to
the total population of that area and may further reserve 1
[one-half] of the total
seats reserved under this sub-section for women belonging to Backward
Classes.
(7) The seats reserved under sub-sections (4), 2
[(5), (5-A)] and (6)
shall be allotted by rotation to different constituencies in the Samiti area in
such manner as may be prescribed.

Election of Chairman and Vice-Chairman of Panchayat
Samiti.- (1) After the declaration of result of election of the elected members
of the Panchayat Samiti in the prescribed manner, the Deputy Commissioner
concerned or any Gazetted Officer appointed by him in this behalf shall as
soon as possible but not later than one week of such declaration call under his
Presidentship a meeting of all elected members for the purpose of oath, or the
affirmation of allegiance under section 127.
(2) Immediately after oath or affirmation of allegiance under section
127 is administered or made, the elected members of a Panchayat Samiti shall,
in the prescribed manner, elect one of its members to be the Chairman and
another member to be the Vice-Chairman of the Panchayat Samiti:
3
[Provided that if the office of the Chairman or Vice-Chairman, as the
case may be, is vacated or falls vacant during the tenure on account of death,
resignation or no-confidence motion, a fresh election within a period of two
months from the date of occurrence of vacancy shall be held from the same
category, in the prescribed manner.]
Meetings.- (1) A meeting of a Panchayat Samiti shall be either
ordinary or special and, except as otherwise provided under this Act, the
meetings of the Panchayat Samiti shall be convened by the Chairman and in
his absence by the Vice-Chairman.
(2) A Panchayat Samiti shall ordinarily meet at its headquarters
atleast four times in each year for the transaction of its business and not more
than three months shall be allowed to elapse between any two successive
meetings.
(3) Notice of every meeting specifying the time and date thereof and
the business to be transacted there at shall be sent to every member of the
Panchayat Samiti and exhibited at the office of the Panchayat Samiti not less
than ten clear days before an ordinary meeting and seven clear day before
special meeting:

1
. Subs. for the words “not less than one-third” vide Act No. 10 of 2008 effective
w.e.f. 13.6.2008
2
. Subs. for the bracket and figure “(5)” vide Act No. 18 of 2000.
3
. Proviso added vide Act No. 18 of 2000.
47
Provided that wherever it is considered expedient to do so in the
public interest the requirement of the time limits specified in this sub-section
may be relaxed with the approval of the prescribed authority.
(4) The Chairman, or in his absence the Vice-Chairman, may
whenever he thinks fit, and shall, on requisition made in writing by not less
than one-third of the total members of the Panchayat Samiti or if required by
the Zila Parishad or the Deputy Commissioner, convene a special meeting
within two weeks of the receipt of the written requisition.
(5) Any meeting of a Panchayat Samiti may, with the consent of the
majority of the members present, be adjourned to any other date; but no
business other than that left over at the adjourned meeting shall be transacted
at the next following meeting:
1
[Provided that additional agenda may be included for the adjourned
meeting if the same is notified on the day of adjournment of the meeting or at
least one week before the date fixed for the adjourned meeting:
Provided further that when a special meeting is adjourned for want of
quorum, fresh adjourned special meeting shall be convened by giving fifteen
days notice to the members within one month from the date of adjournment of
special meeting.]
(6) At every meeting of a Panchayat Samiti, the Chairman if present,
or in his absence the Vice-Chairman, and if there be no Chairman or ViceChairman present, then such one of its members, as the members may elect,
shall preside.
(7) Except as otherwise provided by this Act or the rules made
thereunder all questions coming up before any meeting of a Panchayat Samiti
shall be decided by a majority of votes of the members present and voting
and, in case of an equality of votes, the authority presiding at the meeting
shall have a second or casting vote.
(8) Any matter finally disposed of by a Panchayat Samiti shall not be
reconsidered unless the recorded consent of not less than two-thirds of its total
members has been obtained there to or unless the Zila Parishad, or the
Director has directed its reconsideration.
(9) Subject to the provisions of this Act and the rules framed
thereunder, for the transaction of business at a meeting of a Panchayat Samiti,
the quorum shall be:-
(a) if it is an ordinary meeting one-half of its members having right to
vote; and
(b) if it is a special meeting, two-thirds of its members having right to
vote.

Functions of the Panchayat Samiti.- Subject to the provisions of
this Act and the rules made thereunder, and subject to general or special

1
. Provisos added vide Act No. 18 of 2000.
48
orders, as may be issued by the State Government, from time to time, it shall
be the duty of a Panchayat Samiti so far as the Panchayat Samiti funds allow
to make reasonable provision in the Samiti area for the following matters:-
(a) Integrated Rural Development, Agriculture, Social Forestry,
Animal Husbandry and Fisheries, Health and Sanitation, Adult
Education, Communication and Public Works, Co-operation,
Cottage Industries, Welfare of Women, Youth and Children,
Welfare of disabled and the destitutes and welfare of Backward
Classes, family planning and sports and rural employment
programmes;
(b) provision of emergency relief in cases of distress caused by fires,
floods, drought, earthquake, scarcity, locust, swarms, epidemics
and other natural calamities;
(c) arrangement in connection with local pilgrimage and festivals;
(d) management of public ferries;
(e) management of public markets, public melas and exhibitions; and
(f) any other function with the approval of the State Government or
Zila Parishad.

Entrustment of certain functions of State Government to a
Panchayat Samiti.- (1) The State Government may entrust, to a Panchayat
Samiti functions in relation to any matter to which the executive authority of
the State Government extends or in respect of functions which, have been
entrusted to the State Government by the Central Government and the
Panchayat Samiti shall be bound to perform such functions. It shall have
necessary powers to perform such functions.
(2) Where functions are entrusted to a Panchayat Samiti under subsection (1), the Panchayat Samiti shall in the discharge of those functions, act
as an agent of the State Government.
(3) There shall be paid by the State Government to the Panchayat
Samiti such sum as may be deemed necessary for discharging the functions
entrusted to it under this section.
(4) The Panchayat Samiti shall, for the purposes of discharging the
functions entrusted to it under this section, be under the general control of the
State Government or any other authority appointed by it and shall comply
with such directions as may from time to time, be given to it.
Power of the State Government in relation to functions of
Panchayat Samiti.- (1) Notwithstanding anything contained in the Act the
State Government may, by general or special order, entrust to the Panchayat
Samitis preparation of plan and implementation of schemes for economic
development and social justice including those in relation to the matters listed
in Schedule-II.
49
(2) The state Government may, by general or special order, add to any
of the function of the Panchayat Samiti or withdraw the functions and duties
entrusted to such a Panchayat Samiti when the State Government undertakes
the execution of any of the functions entrusted to the Panchayat Samiti. The
Panchayat Samiti shall not be responsible for such functions so long as the
State Government does not re-entrust such functions to the Panchayat Samiti.
Standing Committees.- (1) The Panchayat Samiti shall have the
following Standing Committees:-
(a) General Standing Committee.
(b) Finance, Audit and Planning Committee.
(c) Social Justice Committee.
(2) Each Standing Committee shall consist of such number of
members not exceeding seven, including the Chairman, as specified by the
Panchayat Samiti, elected by the members of the Panchayat Samiti from
amongst the elected members:
1
[Provided that the term of each Standing Committee shall be two and
a half years.]
(3) The Chairman shall be the ex-officio member and also Chairman
of the General Standing Committee and the Finance, Audit and Planning
Committee. The Vice-Chairman shall be the ex-officio member and Chairman
of the Social Justice Committee:
Provided that if the Vice-Chairman acts as the Chairman of Panchayat
Samiti the members of the Social Justice Committee shall elect its Chairman
from amongst themselves.
(4) No elected member of the Panchayat Samiti Shall be eligible to
serve on more than two Standing Committees.
(5) The Executive Officer shall be the ex-officio Secretary of every
Standing Committee.
Functions of the Standing Committees.- (1) The General
Standing Committee shall perform functions relating to the establishment
matters, communications, buildings, rural housing, village extension, relief
against natural calamities, water supply and all residuary matters.
(2) The Finance, Audit and Planning Committee shall perform the
functions relating to the finance of the Panchayat Samiti framing of budgets,
scrutinising proposals for increase of revenue, examination of receipts and
expenditure statement, consideration of all proposals affecting the finances of
the Panchayat Samiti and general supervision of the revenue and expenditure
of the Panchayat Samiti and co-operation, small savings schemes and any
other function relating to the development of the Block.
(3) The Social Justice Committee shall perform functions relating to-

The Himachal Pradesh Panchayati Raj Act, 1994

Schedules-I, II, III, IVand V.

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