Keywords : Assembly, Backward Classes, Block Development and Panchayat Officer, General Election, Gram Fund, Gram Panchayat, Gram Sabha, Gram Sachiv, Panch, Panchayat Area, Panchayat Samiti, Population, Sarpanch, Zila Parishad
Amendment appended: 22 of 2007, 10 of 2012, 26 of 2013
THE HARYANA PANCHAYATI RAJ ACT, 1994
(HARYANA ACT NO. 11 OF 1994)
1
[ Received the assent of the President of India on the 21st April, 1994, and first published
for general information in the Haryana Government Gazette (Extra- ordinary), Legislative
Supplement Part I of the 22nd April, 1994 ]
1 2 3 4
Year No. Short title Whether repealed or otherwise affected
by legislation
1994 11 The Haryana Panchayati Raj
Act, 1994
Amended by Haryana Act 19 of 2
[1995
Amended by Haryana Act 8 of 3
[1997
Amended by Haryana Act 10 of 4
[1999
Amended by Haryana Act 11 of 5
[2000
Amended by Haryana Act 16 of 6
[2000
Amended by Haryana Act 17 of 7
[2000
Amended by Haryana Act 17 of 8
[2002
Amended by Haryana Act 14 of 9
[2003
Amended by Haryana Act 19 of 10[2004
Amended by Haryana Act 26 of 11[2004
Amended by Haryana Act 7 of 12[2006
1 For Statement of Objects and Reasons see Haryana Government Gazette (Extraordinary), dated 11th March, 1994
Page 613.
2 For Statement of Objects and Reasons see Haryana Government Gazette (Extraordinary), dated 8th September,
1995 Page 1578.
3 For Statement of Objects and Reasons see Haryana Government Gazette (Extraordinary), dated 21st February,
1997 Page 426. 4
For Statement of Objects and Reasons see Haryana Government Gazette (Extraordinary), dated 2nd February,
1999 Page 137
5
For Statement of Objects and Reasons see Haryana Government Gazette (Extraordinary), dated 8th March, 2000 Page
469.
6
For Statement of Objects and Reasons see Haryana Government Gazette (Extraordinary ), dated 2nd September,
2000 Page 1649. 7
For Statement of Objects and Reasons see Haryana Government Gazette (Extraordinary ), dated 6th November, 2001
Page 1527.
8
For Statement of Objects and Reasons see Haryana Government Gazette (Extraordinary ), dated 14th November,
1999 Page 2583.
9
For Statement of Objects and Reasons see Haryana Government Gazette (Extraordinary ), dated 3rd March, 2003
Page 649.
10 For Statement of Objects and Reasons see Haryana Government Gazette (Extraordinary ), dated 4th February,
2004 Page 217. 11 For Statement of Objects and Reasons see Haryana Government Gazette (Extraordinary). Dated 22nd
September, 2004, page 2785.
12 For Statement of Objects and Reasons see Haryana Government Gazette (Extraordinary), dated 9th
December, 2005 page 4527.
AN
ACT
Short title,
extent
and
commence
ment.
to provide for the constitution of Gram Panchayats, Panchayat Samitis
and Zila Parishads for better administration of the rural areas
and for matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Haryana in the Forty-fifth Year of the
Republic of India as follows :—
PART I
Definitions. CHAPTER I
PRELIMINARY
- (1) This Act may be called the Haryana Panchayati Raj Act, 1994.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date as State Government may, by notification, in
the Official Gazette, appoint. - In this Act, unless the context otherwise requires,—
(i) ”Additional Director” means an officer appointed by the Government to perform
the functions of an Additional Director under this Act;
(ii) ”Adult” means a person, male or female, who has attained the age of eighteen
years;
(iii) ”Assembly” means the Haryana Legislative Assembly;
(iv) ”Backward Classes” means such classes of citizens as may be specified by the
Government from time to time;
(v) ”block” means such local area in a district as may be declared by the
Government, by notification in the Official Gazette, to be a block at intermediate
level;
(vi) ”Block Development and Panchayat Officer” means an officer appointed as such
by the Government;
(vii) “building” means any shop, house, hut, out-house, shed or stable whether used
for the purpose of human habitation or otherwise and whether of masonary,
bricks, wood, mud, thatch, metal or any other material whatsoever and includes a
wall and a well ;
(viii) “business” includes any trade, commerce or manufacture or an adventure or
concern in the nature of trade, commerce or
manufacture ;
(ix) “bye-laws” means the bye-laws made by a Gram Panchayat, Panchayat Samiti or
Zila Pasrishad under this Act;
(x) “casual vacancy” means a vacancy occuring otherwise than by efflux of time;
(xi) “cattle” means and includes bulls, bullocks, heifers, cows and their youngs,
elephants, camels, buffaloes, horses, mares, ponies, colts, mules, asses, swine,
sheep, ewes, rams, lambs, goats and kids ;
(xii) “Chairman” means a Chairman of Panchayat Samiti elected under this Act;
(xiii) “Chief Executive Officer” means the Chief Executive Officer of a Zila Parishad ;
(xiv) “Collector” means the Collector of a district in which the village is situated and
includes any officer appointed by the Government to perform the functions of a
Collector under this Act;
(xv) “Committee” means any Standing Committee or local Committee or SubCommittee constituted under this Act ;
(xvi) “common land” means land which is not in the exclusive use of any individual and
has, by usage, custom or prescription been reserved for the common purposes of
village community or has been acquired for such purposes ;
(xvii) “competent authority” means such Government officer or authority as the
Government may , by notification in the Official Gazette, appoint to perform the
functions of a competent authority under this Act ;
(xviii) “Deputy Commissioner” means the Deputy Commissioner of a district and
includes any officer not below the rank of an Assistant Commissioner appointed
by the Government to perform the functions of a Deputy Commissioner under this
Act ;
(xix) “Director” means the Director of Panchayats appointed under this Act ;
(xx) “District” means a revenue district in the State of Haryana ;
(xxi) “District Development and Panchayat Officer” means an officer appointed by the
Government to perform the functions of a District Development and Panchayat
Officer under this Act ;
(xxii) “erection or re-erection or enlargement” of any building includes—
(a) any material alteration or enlargement of any building;
(b) the conversion, by structural alteration, into a place of human habitation of any
building not originally
constructed for human habitation ;
(c) the conversion of two or more places of human habitation into a lesser
number of such places ;
(d) the conversion of one or more places of human habitation into a greater
number of such places ;
(e) such alteration of a building as would effect a change in the drainage of
sanitary arrangements or materially affect its security ;
(f) the addition of any rooms, buildings, out-houses or their structures to any
building ;
(g) the conversion, by any structural alteration into a place of religious worship
or into a building used for a sacred purpose or any place or building not
original meant or constituted for such purposes ;
(h) roofing or covering an even space between walls or buildings, in respect of
the structure which is formed by roofing or covering such space ;
(i) conversion into a stall, shop, warehouse or godown of any building not
originally constructed for use as such or vice versa ; and
(j) construction of a door in a wall adjoining any street or land not vested in
the owner of the wall and opening on such street or land ;
(xxiii) “Executive Officer” means an Executive Officer of a Panchayat Samiti ;
(xxiv) “Factory” means a Factory as defined in the Factories Act, 1948 (Act 13 of 1948)
;
(xxv) “Finance Commission” means the Finance Commission constituted under clause
(I) of article 243-1 of the Constitution of India ;
(xxvi) “general election” means the election held under this Act for the constitution or
reconstitution of a Gram Panchayat, Panchayat Samiti or Zila Parishad, as the
case may be, after the expiry of its term or otherwise ;
(xxvii) “Government” means the Government of the State of Haryana ;
(xxviii) “Gram Fund” means Gram Fund provided under this Act ;
(xxix) Gram Panchayat” means the Panchayat constituted at village level under this Act
;
(xxx) “Gram Sabha” means a body consisting of persons registered as voters in the
electoral rolls of a village comprised within the area of the Panchayat at the
village level ;
(xxxi) “Gram Sachiv” means a Gram Sachiv of a Gram Panchayat or group of Gram
Panchayats appointed by the Government ;
(xxxii) ”Joint Director” means an officer appointed by the Government to perform the
functions of a Joint Director under this Act;
(xxxiii) ”Local Authority” means a Municipal Corporation, Municipal Council, Municipal
Committee, Cooperative Society, Market Society, Improvement Trust,
Cantonment Board, Urban Development Authority, Gram Panchayat, Panchayat
Samiti, Zila Parishad, a Board or Company or Corporation financed or aided by
Central or State Government :
(xxxiv) “market” means a place for the sale or purchase of goods or
animals ;
(xxxv) “member” means a member of Panchayat Samiti or Zila Parishad, as the case
may be ;
(xxxvi) “municipality” means municipality as defined in the Haryana Municipal Act, 1973 ;
(xxxvii) “nuisanace” includes any act, omission, place or thing which causes or is likely to
cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or
disturbance to rest or sleep or which is or may be dangerous to life or injurious to the
health or property of the public, or of the people in general, who dwell in the vicinity
or of persons who may have occasion to exercise a public right ;
(xxxviii) “octroi or octroi duty” means a tax on the entry of goods into Panchayat, Panchayat
Samiti or Zila Parishad area, for consumption, use or sale therein ;
(xxxix) “offensive or dangerous trade” means any trade, business or industry dangerous to
life, health or property or likely to cause nuisance, and which is so notified by the
Government ;
(xl) “owner” includes the person for the time being receiving the rent of any land or
building or part thereof, whether on his own account or as agent, receiver or trustee
or who would receive rent if the land or building or part thereof were let to a tenant ;
(xli) “Panch” means a member of a Gram Panchayat elected under this Act 1[* * *] ;
(xlii) “Panchayat area” means the territorial area of a Gram Panchayat ;
(xliii) “Panchayat Samiti” means a Panchayat Samiti constituted for a block under this Act
and having jurisdiction over the block area as notified in the Official Gazette ;
(xliv) “population” means the population as ascertained at the last preceding census of
which the relevant figures have been published ;
(xlv) “prescribed” means prescribed by rules made under this Act ;
(xlvi) “prescribed authority” means such authority as may be prescribed by rules made
under this Act ;
(xlvii) “President” means a President of a Zila Parishad elected under this Act ;
(xlviii) “private market’ means a market other than a public market ;
(xlix) “public market” means any market owned by a Gram Panchayt at Panchayat Samiti
or Zila Parishad acquired, constructed, maintained or managed by a Gram
Panchayat or Panchayat Samiti or Zila Parishad ; - Omitted by Haryana Act No. 10 of 1999.
(xlviii) “private market’ means a market other than a public market ;
(xlix) “public market” means any market owned by a Gram Panchayat at Panchayat Samiti
or Zila Parishad acquired, constructed, maintained or managed by a Gram
Panchayat or Panchayat Samiti or Zila Parishad ;
(l) “public place” means any place, building or structure situated within the jurisdiction of
a Gram Panchayat, Panchayat Samiti, Zila Parishad area to which the public has
free access or which is open to be used for enjoyment of the public, whether such
place is vested in a
Gram Panchayat, Panchayat Samiti, Zila Parishad or not ;
(li) “public servant” means a public servant as defined in section 21 of the Indian Penal
Code, 1860 (Central Act 45 of 1860) and shall include a Panch, 1[* * *] Sarpanch,
member of Panchayat Samiti or Zila Parishad, Chairman or Vice Chairman and
President or Vice-President;
(lii) “public street” means a pathway, road, street, bridge-land, square, court, alley or
passage, in a village, which the public has a right to use and includes the drains or
gutters on either side and the land upto the defined boundary of any abutting
property, notwithstanding any projection over such land of any verandah or other
superstructure ;
(liii) “qualifying date” means the 1st day of January the year in which the list of voters for
the purposes of the general election of members for constituting or reconstituting a
Gram Panchayat, Panchayat Samiti or Zila Parishad as the case may be is prepared
or revised under the provisions of this Act ;
(liv) “Sabha area” means an area declared to be Sabha area under this Act ;
(lv) “Samiti Fund” means the Panchayat Samiti Fund under this Act ;
(lvi) “Sarpanch” means a Sarpanch of Gram Panchayat elected under this
Act ;
(lvii) “Schedule” means the Schedule appended to this Act ;
(lviii) “Scheduled Castes” means such castes, races or tribes or parts of or groups within,
such castes, races or tribes as are deemed to be
Scheduled Castes in relation to the State of Haryana under article 341 of the
Constitution of India ;
(lix) “Secretary” means the Secretary of the Zila Parishad ;
(lx) “Social Education and Panchayat Officer” means a Social Education and Panchayat
Officer and includes an officer appointed by the Government to perform the
functions of a Social Education and Panchayat Officer under this Act ;
1.Omitted by Haryana Act No. 10 of 1999.
(lxi) “State Election Commission” means the State Election Commission constituted
under article 243 K of the Constitution of India ;
(lxii) “street” means any road, footway, square, court, alley or passage accessible
whether permanently or temporarily to the public whether a thoroughfare or not ;
(lxiii) “Sub-Divisional Officer” means an officer-in-charge of a Sub-Division of a district
constituted for revenue and general purposes ;
(lxiv) “tax” includes a cess, duty, fee, rate, toll or other impost leviable under this Act ;
(lxv) “territorial constituency” means a ward in which a village or group of villages or a
Block or a District is divided for the purposes of election of Gram Panchayat,
Panchayat Samiti and Zila Parishad ;
(lxvi) “vehicle” means a vehicle as defined in the Motor Vehicles Act, 1988 and includes a
bicycle, tricycle, motor car and every wheeled conveyance which is used or capable
of being used on a public street ;
(lxvii) “Vice-Chairman” means a Vice-Chairman of a Panchayat Samiti elected under this
Act ;
(lxviii) “Vice-President” means a Vice-President of a Zila Parishad elected under this Act ;
(lxix) “village” means a revenue estate in the revenue records of a district in which it is
situated or a village as may be specified, by notification in the Official Gazette, by the
Government ;
(lxx) “village level functionary” means any person performing his official duties in the
sabha area and includes patwari, school teacher, secretary of a co-operative society,
forest guard, village extension worker, agriculture development officer, multi-health
purpose workers, anganwari workers and supervisors, auxiliary nurse, midwife, tube
well operator of Public Health Department, employees of civil and veterinary
dispensaries, craft-teacher, gramsevika, lineman of Electricity Board etc ;
(lxxi) “watercourse” means any channel which is maintained at the cost of the irrigators
and is supplied with water from any canal to which the Haryana Canal and Drainage
Act, 1974(Haryana Act 29 of 1974), the Punjab Minor Canals Act, 1905 (Punjab Act
3 of 1905), or any other Act for the time being in force applies and includes all
subsidiary works connected with such channel except the sluice or outlet through
which water is supplied to such channel ;
(lxxii) “Zila Parishad” means a Zila Parishad constituted at district level under this Act.;
(lxxiii) “Zila Parishad Fund” means the Zila Parishad Fund under this Act.
(lxxiii)“Zila Parishad Fund” means the Zila Parishad Fund under this Act.
CHAPTER II
General provisions applicable to Gram Panchayats, Panchayat Samitis and
Zila Parishads - (1) Every Gram Panchayat, Panchayat Samiti and Zila Parishad unless sooner
dissloved under any law for the time being in force, shall continue for five years from the date
appointed for its first meeting and no longer :
Provided that all the Gram Panchayats and Panchayat Samitis existing immediately
on the commencement of the Constitution (Seventy-third Amendment) Act, 1992 shall continue till
the expiration of their duration, unless sooner dissolved by a resolution passed to that affect by
the Assembly.
(2) An election to constitute a Gram Panchayat, Panchayat Samiti and Zila Parishad,
as the case may be, shall be completed—
(a) before the expiry of its duration specified in sub-section (1) ;
(b) before the expiry of a period of six months from the date of its dissolution :
Provided that where the remainder of the period for which the dissolved
Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, would have continued
is less than six months, it shall not be necessary to hold any election for constituting the Gram
Panchayat, Panchayat Samiti or Zila Parishad for such period, as the case may be.
(3) A Gram Panchayat, Panchayat Samiti or Zila Parishad constituted upon the
dissolution of a Gram Panchayat, Panchayat Samiti or Zila Parishad before the expiration of its
duration shall continue only for the remainder of the period for which the dissolved Gram
panchayat, Panchayat Samiti or Zila Parishad, as the case may be would have continued under
sub-section (1) had it not been so dissolved. 1
[(4) If a Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, is
not reconstituted before the expiration of its duration laid down in
sub-section (1), it shall be deemed to have been dissolved on the expiry of the said duration and,
thereupon, provisions of sub-section (2) of section 52, sub-section (1) of section 111 or subsection (4) of section 158, as the case may be, shall be
applicable. ]
Oath. 4. (1) Before entering upon the duties of their offices as Panches, Sarpanches,
members, Chairmen, Vice Chairmen, Presidents or Vice Presidents, as the case may be, they
shall taken an oath of allegiance or make affirmation in the Form specified in Schedule 1.
(2) If any person mentioned in sub-section (1) refuses to take or make oath or
affirmation, his election shall be deemed to be invalid and a fresh election shall be held.
(3) No person whose election is deemed to be invalid under this section, shall be
eligible for election to any Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may
be, for a period of two years from the date on which he ought to have taken or made oath or
affirmation.
Resignation. 5. A Panch, Sarpanch, member, Chairman ,Vice-Chairman, President or
Vice-President, as the case may be, may resign his office by giving in writing his intention to do
1
Omitted by Haryana Act No. No 10 of 1999
so to the Director and on such resignation being accepted he shall be deemed to have vacated
his office.
Filling of
casual vacancy.
- (1) Whether a vacancy occurs by death, resignation, removal or otherwise of a
Panch, Sarpanch, member, Chairman, Vice-Chairman, President or Vice-President, as the case
may be, a new Panch, Sarpanch, member, Chairman, Vice-Chairman, President or VicePresident, as the case may be, shall be elected in the manner as may be prescribed.
(2) Any person elected to fill up a vacancy under this section shall hold office for the
unexpired portion of the term for which the person in whose place he is elected would have
otherwise continued in office.
PART II
CHAPTER III
SABHA AREA ESTABLISHMENT AND CONSTITUTION OF
GRAM SABHA AND GRAM PANCHAYATS - (1) The Government may, by notification, declare any village or a part of a village or
group of contiguous villages with a population of not less than
five hundred to constitute one or more sabha areas :
Provided that Government may in exceptional cases, by reasons to be recorded in writing,
relax the limit of population of 500 :
Provided further that neither the whole or any part of a —
(a) municipality constituted under the Haryana Municipal
Act, 1973 ;
Duration of
sabha area.
(b) cantonment,
shall be included in a sabha area unless the majority of voters in any municipality desire the
establishment of a Gram Panchayat in which case the assets and liabilities, if any, of the
municipality shall vest in the Gram Panchayat and the municipality shall cease to exist.
(2) The population shall be ascertained on basis of last preceding decennial census
of which the relevant figures have been published.
(3) Government may, by notification, include an area in or exclude any area from the
sabha area.
(4) If the whole of the sabha area is included in a municipality or a cantonment, the
Gram Panchayat shall cease to exist and the assets and liabilities of it shall vest in the
municipality or cantonment, as the case may be.
(5) If the whole of the sabha area is included in the Faridabad Complex under the
Faridabad Complex (Regulation and Development ) Act, 1971, the
Gram Panchayat shall cease to exist and its assets and liabilities shall vest in the Faridabad
Complex.
Establishment
and
constitution
of Gram
Panchayat. - (1) The Government may, by notification, establish a Gram Panchayat by name in
every sabha area.
(2) Every Gram Panchayat shall consist of—
(a) Sarpanch who shall be elected by the Gram Sabha from amongst its voters,
by secret ballot ;
(b) six to twenty Panches from wards in a Panchayat area in the manner
prescribed; 1[ (c) * * * * * * ]
(3) All the above seats referred to in clause (b) of sub-section (2) shall be filled in by
persons chosen by direct election from the wards in the Panchayat area and for this purpose
each Panchayat area shall be divided into wards in such manner that the ratio between the
population of each ward and the number of the seats of Panches allotted to it shall, so far as
possible, be the same throughout the Panchayat area. - (1) Seats shall be reserved for the Scheduled Castes in every
Gram Panchayat 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 election in that Panchayat as the
population of the Scheduled Castes in the Panchayat area bears to the total population of that
area and such seats may be allotted to such wards having maximum population of persons
belonging to Scheduled Castes.
Reservation
of seats in
Gram
Panchayat.
(2) Not less than one-third of the total number of seats reserved under sub-section
(1) shall be reserved for women belonging to the Scheduled Castes and such seats may be
allotted by rotation and by lots to different wards reserved under sub-section (1).
(3) Not less than one-third (including the numbers of seats reserved for women
belonging to the Scheduled Castes) of the total number of seats to be filled by direct election in
every Panchayat, shall be reserved for women and such seats may be allotted by rotation and by
lots to different wards in a Panchayat except those falling under sub-section (1) and (2) .
(4) The offices of the Sarpanches in the Gram Panchayat in a block shall be
reserved for the Scheduled Castes and Women :
Provided that the number of offices of Sarpanches reserved for the Scheduled Castes in
the Block shall bear, as may be, the same proportion to the total number of such offices in the
Block as the population of the Scheduled Castes in the State bears to the total population of the
State :
Provided further that not less than one-third of the total number of offices of Sarpanches in
the block shall be reserved for women including one-third offices of women Sarpanches from
Scheduled Castes :
Provided further that the number of offices of Sarpanches reserved under this sub-section
shall be rotated to different Gram Panchayats first having the largest maximum population of
Scheduled Castes and secondly having the second largest maximum population of such classes
and so on.
(5) The reservation of the seats under sub-section (1) and (2) and the reservation of
office of Sarpanches (other than the reservation of women) under sub-section (4) shall cease to
have effect on the expiration of the period specified in
article 334 of the Constitution of India.
(6) Every Panchayat shall have one Panch belonging to Backward Classes if their
population is two percentum or more of the total population of the sabha area and such seat shall
be allotted to such ward having maximum population of persons belonging to Backward Classes.
(7) Reservation of seats as mentioned in aforesaid sub-sections shall be
reviewed after every decennial census.
1[10. The term of office of Sarpanch shall be five years unless removed otherwise.]
11.2[ (1) Every Gram Sabha shall hold two general meetings one during the period
commencing on the 15th day of May and ending with the 15th day of June and the other during
the period commencing on the 15th day of November and ending with the 15th day of December
each year at such dates and times as may be fixed by the Block Development and Panchayat
Officer concerned.]
Meeting and
Quorum of Gram
Sabha .
Term of office.
(2) In the event of the Sarpanch failing to hold two consecutive general meetings of the
Gram Sabha on the dates fixed 3[ * * * *] under sub-section (1), he shall automatically cease to
hold office from the date on which the second meeting was to be held. The Block Development
and Panchayat Officer shall immediately intimate the happening of such cessation to the Director
who shall accordingly notify this fact to the Zila Parishad, Panchayat Samiti, Gram Panchayat and
the Sarpanch.
1.Substituted by Haryana Act 10 of 1999. - Substituted by Haryana Act 10 of 1999 and further substituted by Haryana Act,
16 of 2000. - Omitted by Haryana Act 10 of 1999.
(3) The Director may reinstate the Sarpanch on his showing sufficient cause for the
default within a period of thirty days from the date of the notification of his cessation as Sarpanch.
(4) The Sarpanch may, at any time and where a requisition in writing of the
Panchayat Samiti or of not less than 1
[one tenth] of the total number of members of the Gram
Sabha has been received by him, shall within thirty days from the receipt of such requisition, call
an extra-ordinary general meeting of the Gram Sabha.
(5) If a general meeting as required by sub-section (1), or an extra-ordinary general
meeting as required by sub-section (4), is not called, the Block Development and Panchayat
Officer shall call such meeting.
(6) The meetings of the Gram Sabha shall be conducted and the time and palce of
such meeting shall be published in such manner as may be prescribed.
(7) 1[For any extraordinary meeting of the Gram Sabha one-tenth of the total number
of its members shall form a quorum.]
(8) The Block Development and Panchayat Officer or the Gram Sachiv, as the case
may be, of a Gram Panchayat shall attend every general meeting of the Gram Sabha ; and if for
any reason beyond his control the Block Development and Panchayat Officer is unable to attend
any meeting, the Social Education and Panchayat Officer or such Block Extension Officer as may
be deputed by the Block Development and Panchayat Officer shall attend the meeting. The Gram
Panchayat may call every village level functionary serving in the sabha area to attend such a
meeting and tender advice in respect of any matter coming up before it.
1[(9) Save in the circumstances beyond human control, every Panch shall attend the
Gram Sabha meetings.] - The Gram Sabha shall exercise and perform the following powers and functions
:– Powers and
functions of
Gram Sabha. (i) it shall consider the budget prepared by the Gram Panchayat and the future
development programmes and the plans for the sabha area at its Sawani
meeting. The Gram Sabha at its Hari meeting shall review the general progress
of the development plans ;
(ii) it will consider the actual income and expenditure of the Panchayat concerning
last financial year ;
(iii) it will consider and scrutinise the existing schemes and all kinds of activities of
Panchayat ;
(iv) it shall maintain a complete register for all development works undertaken by
Gram Panchayat or by and other Government department specifying the costs,
date of completion of work name of assets etc. ;
(v) it will scrutinise the completed works and all kinds of activities of the Gram
Panchayat ;
(vi) it can ask questions to the Sarpanch and Panches of the
Gram Panchayat to clarify the particular activity, income expenditure scheme and
other matters and Sarpanch and Panch of the
Gram Panchayat shall be responsible to it ;
(vii) it shall locate the places of schemes and other works ;
(viii) it shall consider audit reports and thier compliances ;
(ix) it shall consider the progress report of every kind of Gram Panchayat works ; and
(x) it shall exercise and perform such other powers and functions as may be
prescribed. - Added by Act No. 10 of 1999.
2.Substituted by Haryana Act No. 10 of 1999,
CHAPTER IV
GRAM PANCHAYATS, CONDUCT OF BUSINESS, DUTIES,
FUNCTIONS AND POWERS
Meeting of
Gram Panchayat
and quorum. - 2[(1) The meeting of a Gram Panchayat shall be public and shall be held atleast
twice a month at a public place within the sabha area for which it is established, whenever called
by the Sarpanch or during the vacancy of his office by Gram Sachiv :
Provided that the Sarpanch, when required in writing by majority of the Panches
to call a meeting, shall do so within three days, failing which Panches shall, with the previous
approval of the prescribed authority, be entitled to call a meeting after giving a week’s notice to
the Sarpanch and other Panches. Save as otherwise provided by or under this Act, at every
meeting of Gram Panchayat , the Sarpanch shall preside over the meeting or in his absence the
members present shall choose one from amongst themselves to preside over the meeting].
(2) Majority of Panches including Sarpanch, for the time being holding office shall
form a quorum. If at the time appointed for the meeting, there is no quorum, the presiding
authority shall wait for one hour and if within such period there is no quorum, the presiding
authority shall adjourn the meeting to such time on the following day or such future day as he
may decide. The business which could have been brought before the original meeting if there has
been a quorum, shall be brought before, and transacted at the adjourned meeting.
1[ (* * * * *) ]
(3) The decisions of Gram Panchayat shall be by majority and when the voting is
equal, the presiding authority shall have an additional or casting vote.
2[14. There shall be a Gram Sachiv for every Gram Panchayat or group of
Gram Panchayats who shall be appointed by Government.
Appointment of
Gram Sachivs.
Duties of
Gram Sachivs. 15. (1) It shall be the duty of the Gram Sachiv to—
(i) maintain accurate and up-to-date entries in accounts record and other property of
the Gram Panchayat under the general supervision of the Sarpanch and to assist
the Gram Panchayat in the discharge of its duties and functions under this Act or
under any other law for the time being in force ;
(ii) assist in carrying out the resolutions of the Gram Panchayats; and
(iii) perform such other duties as may be prescribed.
(2) A Gram Sachiv, subject to the control of the Sarpanch–
(a) after recording the proceedings, shall append his signatures in the proceeding
book ;
(b) shall prepare the replies of audit notes and submit the same to the Block
Development and Panchayat Officer after approval of the Gram Sabha, within
one month of the receipt of such notes ; and
(c) shall sign daily balances in cash book.]
1.Omitted by Haryana Act 10 of 1999
2.Subs. by H.A. 14 of 2003 and further substituted by H.A. 7 of 2006. - (1) Subject to such rules as may be made in this behalf and with the previous
approval of the Panchayat Samiti, a Gram Panchayat may employ such other servants other than
the Gram Sachiv as are considered necessary for carrying out the duties imposed on it by this
Act and may suspend, dismiss or otherwise punish such servants.
Employment of
other Servant.
(2) Gram Panchayat shall pay the remuneration, provident fund and gratuity as may
be prescribed to such servants out of the Gram Fund. Modification or
cancellation of
resolution. - No resolution of a Gram Panchayat shall be modified, amended, varied or cancelled
by a Gram Panchayat within a period of three months from the date of the passing thereof except
by a resolution supported by three-fourth of the total number of Panches of such Gram Panchayat
Cu . stody of Gram
Panchayat record
property and
liability to hand
them over. - (1) 1[The Sarpanch and in his absence the Panch] elected by the
Gram Panchayat or authorised by the Block Development and Panchayat Officer in this behalf
shall be responsible for the custody and charge of such movable or immovable property of the
Gram Panchayat and such of its records as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), the Block Development
and Panchayat Officer may, within a period of seven days prior to the publication of election
programme of the Gram Panchayat or in the event of suspension or removal of 1[a Sarpanch or
Panch, as the case may be, require, by a general or special order, a Sarpanch or a Panch, as the
case may be,] to handover the records, registers
and other property referred to in the said sub-section to the Social Education and Panchayat
Officer or Gram Sachiv, who shall hold them in his custody on behalf of the
Gram Panchayat and shall hand over the same to the person authorised for the custody of the
record and property.
(3) If on a requisition made in this behalf by the Block Development and Panchayat
Officer, any person within a period of ten days of such requisition2[ or within seven days of the
publication of the election Schedule, whichever is earlier,] fails under sub-section (1) or subsection (2), as the case may be, to hand over the prescribed records and registers and other
property belonging to or vested in the Gram Panchayat to the Sarpanch 3[ * * * ] or Panch
referred to in sub-section (1) or to the Social Education and Panchayat Officer or Gram Sachiv
referred to in sub-section (2) 2[and to get a certificate to that effect from the concerned Block
Development and Panchayat Officer, the Block Development and Panchayat Officer shall apply to
an Executive Magistrate within whose jurisdiction the sabha area is situated for securing from
such person such records, registers and other property.
(4) On receiving an application under sub-section (3) the Executive Magistrate may,
by a warrant, authorise any police officer not below the rank of a Sub-Inspector to enter and
search any place where such records and registers and other property are kept or are believed to
be kept and to seize them and the records, registers and other property as seized shall be
handed over to the Sarpanch 3[ * * * ] or Panch authorised by the Block Development and
Panchayat Officer referred to in sub-section (1) or the Social Education and Panchayat Officer or
Gram Sachiv referred to in sub-section (2), as the case may be.
(5) Whoever,wilfully evades under this section the handing over of the prescribed
records and registers or other property belonging to or vested in the Gram Panchayat, shall on
conviction by the Judicial Magistrate be punishable with imprisonment which may extend to six
months, or with fine or with both notwithstanding anything to the contrary contained in this Act.
(6) The Judicial Magistrate shall not take cognizance of an offence under this section
save on a complaint made by the Block Development and Panchayat Officer or such other officer
as may be authorised in writing in this behalf by the Block Development and Panchayat Officer.
1.Substituted by Haryana Act 10 of 1999.
2.Inserted by Haryana Act No. 10 of 1999.
3.Omitted by Haryana Act 10 of 1999.
4.Omitted by Haryana Act No. 10 of 1999 - (1) The Sarpanch shall–
Powers,
functions and
duties of
Sarpanch.
1[* * * *]
(i) convene meetings of Gram Sabha and Gram Panchayat ;
(ii) preside over the meetings of Gram Sabha and Gram Panchayat ;
(iii) have the general responsibility for the executive and financial administration of
the Gram Panchayat ;
(iv) exercise administrative supervision and control over the work of the staff of the
Gram Panchayat and the officers and employees whose services may be placed
at the disposal of the Gram Panchayat by any other authority ; and
(v) for the transaction of business connected with this Act or for the purpose of
making any order authorised thereby, exercise such powers, perform such
functions and discharge such duties as may be exercised, performed or
discharged by the Gram Panchayat under this Act or the rules made there under ;
(vi) exercise such other powers, perform such other functions and discharge such
other duties as the Gram Panchayat may, by general or special resolution, direct
or as the Government may, by rules made in this behalf, prescribe.
1[(2) * * * * *] - (1) The Gram Panchayat shall prepare in the prescribed manner a report on the
work done during the previous year and the work proposed to be done during the following year
and submit to the prescribed authority and to the Panchayat Samiti concerned within the
prescribed time.
Report on
work of
Gram
Panchayat. (2) The Gram Panchayat shall in the months of December and June every year,
prepare a half yearly report showing the amount received by the Gram Panchayat during the
previous half year from different sources including the pending balance and the amount actually
spent on different items of work and a list of functionaries.
(3) The Gram Panchayat shall immediately after the preparation of the report and the
list referred to in sub-section (2), publish the same in the prescribed manner in the office of the
Gram Panchayat for the information of the general public.
Functions and
duties of Gram
Panchayat. - Subject to such rules as may be made, it shall be the duty of the Gram Panchayat
within the limits of the funds at its disposal to make arrangements for carrying out the
requirements of sabha area in respect of the following matters including all subsidiary works and
buildings connected therewith :–
I. General Functions :—
(1) Every resolution adopted in a meeting of the Gram Sabha shall be duly
considered by the Gram Panchayat and the decision and action taken by
the Gram Panchayat shall form part of the report of Panchayat of the
following year.
(2) Preparation of annual plans for the development of the Panchayat area.
(3) Preparation of annual budget and submission thereof to Gram Sabha in its
Sawani meeting for consideration.
(4) Power for mobilising reliefs in natural calamities.
(5) Removal of encroachments on public place .
(6) Organising voluntary labour and contribution for community works.
(7) Maintenance of essential statistics of village (s)
II. Agriculture, including Agriculture Extension—
(1) Promotion and Development of agriculture and horticulture.
(2) Development of waste lands.
(3) Development and maintenance of grazing lands and preventing their
unauthorised alienation and use.
III. Animal Husbandry, Dairtying and Poultry—
(1) Improvement of breed of cattle, poultry and other livestock .
(2) Promotion of dairy farming, poultry and piggery.
(3) Grassland development.
IV. Fisheries— Development of Fishes in the Village (s).
V. Social and Farm Forestry, Minor—Forest Produce, Fuel Fodder—
(1) Planting and preservation of trees on the sides of roads and other public
lands under its control.
(2) Fuel plantation and fodder development.
(3) Promotion of farm forestry.
(4) Development of social forestry.
VI. Khadi, Village and Cottage Industries —
(1) Promotion of rural and cottage industries.
(2) Organisation of awareness camps, seminars and training programmes,
agricultural and industrial exhibitions for the benefit of the rural areas.
VII. Rural Housing—
(1) Distribution of house sites within its jurisdiction.
(2) Maintenance of records relating to the houses, site and other private and
public properties.
VIII. Drinking Water—
(1) Construction, repairs and maintenance of drinking water wells, tanks and
ponds.
(2) Prevention and control of water pollution.
(3) Maintenance of rural water supply schemes.
IX. Buildings, Water ways—
(1) Maintenance of buildings under its control or transferred to it by the
Government or any public authority.
(2) Maintenance of boats, ferries and waterways.
X. Rural Electrification including distribution of Electricity providing for and maintenance
of lighting of public streets and other public places.
XI. Non-conventional Energy Sources —
(1) Promotion and Development of non- conventional energy schemes.
(2) Maintenance of community non- conventional energy devices, including
bio-gas plants and windmills.
(3) Propagation of improved chulhas and other efficient devices.
XII. Poverty Alleviation Programme—
(1) Promotion of public awareness and participation in poverty alleviation
programmes for full employment and creation of productive assets
including employment assurance scheme.
(2) Selection of beneficiaries under various programmes throughout Gram
Sabhas.
(3) Participation in effective implementation and monitoring.
XIII. Education including Primary and Secondary Schools—
(1) Promotion of public awareness and participation in primary and secondary
education.
(2) Ensuring full enrolment and attendance in Primary and Middle
Schools and its management.
XIV. Adult and non-formal Education—
Promotion of Adult Literacy.
XV. Libraries—
Village Library and reading rooms.
XVI. Cultural Activities—
Promotion of social and cultural activities.
XVII. Markets and fairs—
Regulation of fairs excluding cattle fairs and festivals other than religious.
XVIII. Rural Sanitation—
(1) Maintenance of general sanitation.
(2) Cleaning of Public roads, drains, tanks, wells and other
public places.
(3) Maintenance and regulation of cremation and burial grounds.
(4) Construction and maintenance of public latrines.
(5) Disposal and unclaimed and carcasses.
(6) Management and control of washing and bathing ghats.
XIX. Public Health and Family Welfare—
(1) Implementation of family welfare programme.
(2) Prevention and remedial measures against epidemics.
(3) Regulation of sale of meat, fish and other perishable food articles.
(4) Participation in programmed of human and animal vaccination.
(5) Licensing of eating and entertainment establishment.
(6) Destruction of stray dogs.
(7) Regulation of curing, tanning and dyeing of skins and hides.
(8) Regulation of offensive and dangerous trades.
XX. Women and child development—
(1) Participation in the implementation of women and child welfare
programme.
(2) Promotion of child health and nutrition programmes.
XXI. Social Welfare including Welfare of the Handicapped and Mentally Retarded—
(1) Participation in the implementation of the social welfare programmes
including welfare of the handicapped, mentally retarded and destitute.
(2) Monitoring of the old age and widows pension scheme.
XXII. Welfare of the Weaker Sections and in particular the Schedule Castes–Promotion
of Public awareness with regard to Welfare of Scheduled Castes and other Weaker
Sections.
XXIII. Public Distribution System—
(1) Promotion of public awareness with regard to the distribution of essential
commodities.
(2) Monitoring the public distribution system.
XXIV. Maintenance of Community Assets.
XXV. Construction and Maintenance of Dharmshalas and similar Institutions.
XXVI. Construction and Maintenance of Cattle Sheds, Ponds and Cart Stands.
XXVII. Construction and Maintenance of Slaughter-house.
XXVIII. Maintenance of Public Parks, Play Grounds etc.
XXIX. Regulation of Manure Pits in Public Places.
1.Substituted by Haryana Act 10 of 1999.
XXX.Other Functions–
Such other functions as may be entrusted by the Government or any Local
Authority. Sub-committee
and Local
- Committees. (1) Every Gram Panchayat shall constitute the following sub- committees, namely :-
(i) Production sub-committee for performing functions relating to agriculture
production, animal husbandry, rural industries and proverty alleviation
programmes ;
(ii) Social justice sub-committee for performing functions relating
to—
(a) promotion of education, economic, social, cultural, sports, games and other
interests of the Scheduled Castes and Backward Classes and other weaker
sections ;
(b) protection of such castes and classes from social injustice and any form of
exploitation ;
(c) promotion of welfare of women and children ;
(iii) Amenities sub-committee in respect of education, public health, public works and
other functions of sub-committees of the Gram Panchayat ;
(iv) Where a Gram Panchayat is constituted for more than one village, it shall have a
local committee comprising of Panches of the village concerned and appointed
members from amongst Gram Sabha members ;
(v) Any other committee the Gram Panchayat may deem fit to constitute.
1[ (2) Each sub- committee and local committee shall consist of not less than five
members, including Sarpanch. The Sarpanch shall be the ex-officio member and Chairman of
Production Committee and Amenities Committee. Panch nominated by the Gram Panchayat by
majority shall be the ex-officio member and Chairman of Social Justice Committee :
Provided that the Social Justice Committee shall consist of atleast one woman
member and one member belonging to the Scheduled Caste].
(3) Each Committee shall be competent to appoint in such manner as may be
prescribed, members of farmers clubs, mahila mandals, yuvak mandals, and other similar
bodies. A representative of cooperative societies in the panchayat area shall be appointed in the
Production Committee. The rights and liabilities of the appointed members shall be such as may
be prescribed.
(a) Each sub-committee shall perform the functions referred to in sub-section (1) to
the extent the powers are delegated to them by the Gram Panchayat.
Functions of
Panchayat Samiti
which may be
delegated to Gram
Panchayat. - The Panchayat Samiti may and shall, if so required by Government delegate any
of the following functions and duties to the Gram Panchayat, namely :—
(a) any matter under the direct administrative control of the Panchayat Samiti ;
(b) the maintenance or improvement of any property under the control or
management of the Panchayat Samiti ; and
(c) the control and management of cattle pond which are under the control of the
Panchayat Samiti :
Provided that funds necessary for the performance of the functions and duties so
delegated shall be placed by the Panchayat Samiti at the disposal of the Gram Panchayat and in
case of default, the Government may , by order in writing, direct the persons having the custody
of the Panchayat Samiti Funds to place the funds at the disposal of the Gram Panchayat.
Power to require
removal of
encroachment
and nuisance. - (1) A Gram Panchayat either suo motu or on receiving a report or other
informaiton and on taking such 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, clean, 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, 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, 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 there from and to cleanse the land or building;
(b) the owner of any wall or building which is deemed by the Gram Panchayat to be
dangerous in any way to remove or repair any such wall or building ;
(c) the owner or occupier of any building or property to keep his building or property
in a sanitary condition ;
(d) the owner of any dog or other animal suffering or reasonably suspected to be
suffering from rabbies or which is dangerous to destroy, confined or cause to be
confined such dog or animal ;
(e) the owner or occupier of any agricultural land to destroy Pohli or any other such
harmful weed 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 ;
(h) the owner or person incharge of a private ‘Khal’ 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 cause,
the order shall be made absolute. If he appears and show cause against the
order the Gram Panchayat shall take evidence and if it is satisfied that the order
is not reasonable and proper no further proceedings shall be taken in the case. If
it is not satisfied the order shall be made absolute.
(2) If any of the act mentioned in sub-section (1) 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.
1[(3) No street or pavement in a village shall be dug, altered or damaged in any
manner whatsoever by any person for any purpose except with prior permission of the Sarpanch
or Block Development and Panchayat Officer concerned. No such permission shall be granted by
the Sarpanch or Block Development and Panchayat Officer unless the person seeking permission
has deposited with the Gram Panchayat or Block Development and Panchayat Officer an amount
as may be prescribed, to restore the street or pavement to its original state.
(4) Any person whoever contravenes any provision contained in sub-section (3) shall
be punishable with a fine which may extend to one thousand rupees and in addition to this an
expenditure incurred by the Gram Panchayat in restoring the street or pavement to its original
state, shall also be recoverable from him.] - Added by Haryana Act 10 of 1999.
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 use of water by cattle or for bathing or washing at or near
wells, ponds or other excavations reserved for drinking purposes ;
(c) regulate or prohibit the dyeing or tanning of skins within four hundred and forty
metres of the residential area of a village :
Provided that where the dyeing or tanning of skins was so practiced at the time when the
Gram Panchayat under the Punjab Village Panchayat Act, 1939 (Punjab Act XI of 1939 ) or the
Punjab Village Panchayat Act, 1922 (Act III of 1922) or any other Act was in force, its working
shall not be prohibited unless the Gram Panchayat provide reasonable facilities of practicing it
outside the four hundred and forty metres limits ;
(d) regulate or prohibit the excavation of earth or stone or other material within two
hundred and twenty metres of residential area of a
village :
Provided that nothing shall be done under this clause to prevent excavation
meant to be filled in by the foundation of buildings or other structure;
(e) regulate or prohibit the establishment of brick kilns and charcoal kilns within eight
hundred and eighty metres and pottery kilns within two hundred and twenty
metres of the limits of residential area of a village :
Provided that where a pottery kiln was working at the time when Gram Panchayat
under the Punjab Village Panchayat Act, 1939 (Punjab Act XI of
1939 ) and the Punjab Village Panchayat Act, 1922 (Punjab Act III of 1922 ) or any other Act was
in force, its working shall not be prohibited unless the Gram Panchayat provides reasonable
facilities for its working outside the two hundred and twenty metres limits ;
(f) direct the carrier of the carcasses of all animals dying within the village except the
carcasses of animals slaughtered for consumption, shall not be disposed of
within a radius of four hundred and forty metres of the limits of the residential
area of the village ;
(g) regulate the construction of new building or the extension or alteration of any
existing building in the abadi ;
(h) regulate with the previous permission of the Government the parking of public
vehicles ;
(i) regulate such matters as may be necessary for the general protection of standing
crops and trees on common land and the planting of such trees ;
(j) regulate the conditions of sanitation and taking curative and preventive measures
to remove and prevent the spread of
epidemics ;
(k) regulate the maintenance of water courses meant for irrigation purposes;
(l) regulate the killing or stray dogs ;
(m) regulate the slaughter of animals ;
(n) prohibit beggary ;
(o) direct the taking of measures for the prevention of water logging ;
(p) regulate the flaying and disposal of dead animals ;
(q) prohibit the sale of harmful eatables within the sabha area ;
(r) regulate the offensive and dangerous trades or practices ;
(s) prohibit the playing of obscene gramophone records.
Preparation
of map of
abadi deh. - (1) The Gram Panchayat shall cause to be prepared in the manner hereinafter
appearing, a map of abadi deh in the sabha area showing therein the boundaries of the buildings,
public streets and other public open spaces .
(2) After preparation of the map, the Gram Panchayat shall publish, in the manner
prescribed, a notice stating therein —
(i) that the map of the abadi deh has been prepared ;
(ii) the place at which the map may be inspected by the public ; and
(iii) that the objections may be filed by any person within a period of thirty days of the
date of publication of such notice in respect of the said map.
(3) After the expiry of the period specified in sub-section (2) the Gram Panchayat
shall consider the objections or representations, if any, received by it and after giving a
reasonable opportunity to the persons who have filed any objection or representation, shall
finalise the map after making such modifications therein as it may consider necessary.
(4) The final map so prepared under sub-section (3), shall then be authenticated by
the Gram Panchayat and the copies of this map shall be kept in the offices of Gram Panchayat,
Block Development and Panchayat Officer, Chief Executive Officer for inspection by the public. A
notice to the effect that the map has been finalised shall be published in the manner prescribed .
(5) Any person desiring to inspect the map may do so on payment of a fee of five
rupees. A copy of final map may also be obtained by making a separate application and on
payment of such fee as may be prescribed. - Any person who disobeys an order passed under sections 24 and 25 by the Gram
Panchayat, shall be liable to a penalty which may extend to one hundred rupees and if the breach
is continuos with a further penalty which may extend to ten rupees for everyday after the first
during which the breach continues :
Provided that the penalty for recurring breach shall not exceed the sum of one
thousand rupees.
Penalty for
disobedience of a
special or general
order of Gram
Panchayat. - Any person aggrieved by an order of the Gram Panchayat made under sections 24,
25 and 27 may within a period of thirty days of such order, prefer an appeal to the Director whose
decision shall be final and shall not be liable to be questioned in any court of law.
Appeal.
Power to
enquire and
make report
about
misconduct of
petty officials. - (1) On a complaint being made to the Gram Panchayat by any person that a peon,
bailiff, constable, chowkidar, patrol of the Irrigation Department, forest guard, patwari, vaccinator,
canal overseer, head constable, game watcher or any other class of public servants to which
Government may, by notification, extend the provisions of this section has misconduct himself in
his official capacity, the Gram Panchayat may enquire into the matter and submit a report, along
with the prima facie evidence to the superior officer whom it may concern or to the Chief
Executive Officer, as the case may be. The authority shall after such further enquiry as may be
required, take suitable action and inform the Gram Panchayat accordingly :
Power over
waterways etc.
Provided that nothing in this section shall be construed as empowering the Gram
Panchayat to summon any official or to exercise control or to take disciplinary action against such
official or otherwise.
(2) On the report being made by any person that a patwari or chowkidar 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 said duty and on his failure to do so, shall
report the matter to the superior officer whom it may concern, or to the Chief Executive Officer,
as the case may be. Result of the action taken thereon shall be communicated to Gram
Panchayat.
Power to
introduce
prohibition.
Power to contract
for 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 Government or a Local Authority to collect land
revenue or any taxes or dues payable to Government or a Local Authority on being allowed such
collection charges as may be prescribed. - (1) A Gram Panchayat may , at any time, during the period commencing on the 1st
day of April and ending with the 30th day of September of any year by resolution passed by
majority of Panches holding office for the time being, 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) and is received in the
office of the Excise and Taxation Commissioner, Haryana, on or before the 31st day of October, it
shall take effect from the 1st day of April of the year next after such resolution.
(3) Notwithstanding anything contained in the Punjab Excise Act, 1914 (Punjab Act 1
of 1914 ) or any other Act for the time being in force and the rules made there under with regard
to the powers and functions of the Collector under the said Act, such a resolution will be binding
upon the Excise and Taxation Commissioner :
Provided that if the Excise and Taxation Commissioner is of the opinion for reasons to be
recorded in writing that within such local area illicit distillation or smuggling of alcohol has been
carried on or connived at, within two years preceding the date of the passing of such resolution in
such local area, such resolution shall not be binding upon him, unless the Government orders
that it shall be so binding.
Entry and
inspection. - The Sarpanch, if authorised in writing in this behalf by the Gram Panchayat or any
Panch, may enter into or upon any building or land, with or without assistants or workmen, in
order to make an inspection or survey or to execute a work which a Gram Panchayat is
authorised by this Act or by rules or bye-laws made there under to make or execute, or which it is
necessary for a Gram Panchayat for any of the purposes or in pursuance of any of the provisions
of this Act or of rules or bye- laws to make or execute :
Provided that :–
(a) except when it is otherwise expressly provided for under this Act, no such entry
shall be made between sunset and sunrise ;
(b) sufficient notice, shall in every 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
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. - The Gram Panchayat may, with the consent of Panchayat Samiti manage, start and
regulate new fairs and markets with such conditions as to the share of income accruing the
refrom as may be mutually agreed upon.
Power to manage
fairs and markets. - A Gram Panchayat shall have control of all public streets, waterways other than
canals as defined in clause (1) of section 2 of the Haryana Canal and Drainage Act, 1974
(Haryana Act 29 of 1974 ), or any other Act for the time being in force situated within its
jurisdiction not being a private street or waterways and not being under the control of
Government or Panchayat Samiti or any other authority specified by 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 any public street, culvert or bridge
with minimum damage to the neighboring fields ;
(d) deepen or otherwise improve waterways ;
(e) with the sanction of the prescribed authority and where a canal exists under the
Haryana Canal and Drainage Act, 1974 or any other Act for the time being in
force with the sanction also of such officer of the Irrigation Department as the
Government may appoint to undertake small irrigation projects ;
(f) cut any hedge or branch of any tree projecting on a public street;and
(g) notify the setting apart of any public watercourse 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
covered by the Haryana Canal and Drainage Act, 1974, or any other Act for the time being in
force, without the prior permission of the authority prescribed by Government in this behalf.
Power regarding
naming of streets
and numbering of
buildings. - (1) A Gram Panchayat may–
(a) cause a name to be given to a street by fixing it to or painting it on any building or
otherwise in such a position or manner as it may think fit ; and
(b) cause a number to be fixed 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 sub-sections (1) and (2) or affixing to or
painting on a building a different name or number other than that affixed or painted by or under
the order of the Gram Panchayat, shall, on conviction by the Gram Panchayat, be liable to a fine
which may extend to fifty rupees.
Power of
taxation and
fees. - 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 management of
any institution, or the execution or maintenance of any work, or the performance of any duty,
within its area :
Power to take
over
management
of Institutions
etc. Provided that no work costing more than five thousand rupees shall be entrusted to, or
undertaken by a Gram Panchayat except with the previous approval of the Director. - (1) The Gram Panchayat shall, subject to such terms and conditions, as may be
prescribed, give help to the educational institutions, hospitals and dispensaries in or near its
jurisdiction for their maintenance, improvement or efficient running.
(2) Notwithstanding anything contained in this Act, a Gram Panchayat may
contribute funds to — Help in
maintenance
and
improvement of
schools and
hospitals or
dispensaries.
(a) any charitable or national cause or any work or scheme for removing distress and
ameliorating the conditions of the people in the rural area in the State sponsored
or approved by Government ; or
(b) the execution of any other scheme which, in the opinion of Gram Panchayat is
likely to be beneficial to the inhabitants of the Sabha area :
Provided that no contribution shall be made under clause (b) without the previous
approval of the Government .
Establishme
nt of Primary
Schools,
Hospitals or
a dispensary
for a group
of Gram
Panchayats. - Where a group of neighboring Gram Panchayats areas have no primary school,
hospital or Ayurvedic or Unani Dispensary, the Gram Panchayat thereof shall, if so directed by
the prescribed authority, 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 Government or the Panchayat Samiti or Zila Parishad shall place funds as
may be necessary for the purpose, at the disposal of the Gram Panchayats concerned.
CHAPTER V
FINANCE AND TAXATION Power to
exempt from
taxes and write
off
irrecoverable
amounts.
- There shall be a Gram Fund for each Gram Panchayat and the same shall be utilised
for carrying out the duties and obligations imposed on the Gram Panchayat or any Committee
thereof by this or any other Act and for such other purposes of the Gram Panchayat as the
Government may prescribe.
Gram Fund. - The following moneys shall be credited to the Gram Fund—
(a) all grants from the Government or other Local Authorities as may be specified ;
(b) the balances, if any, standing at the credit of the Gram Panchayat at the
commencement of this Act ;
Sources of
Gram Fund.
(c) the balances and proceeds of all funds which, in the opinion of the Block
Development and Panchayat Officer, were or are being collected for common,
secular purposes of the village or the villages comprised in the sabha area ;
(d) all-donations ;
(e) all taxes, duties, cesses, fines and fees imposed and realized under this Act ;
(f) the sale proceeds of all dust, dirt, dung or refuge collected by the servants of the
Gram Panchayats and dead bodies of animals not claimed by any person in
accordance with any custom or usage and the trees and other produce of the
land vested in the Gram
Panchayat ;
Special tax and
community
service.
(g) income derived from the fisheries which are under the management of Gram
Panchayat ; and
(h) income derived from common lands vested in the Gram Panchayat under any
law for the time being in force . - (1) Subject to rules made under this Act or any order made by Government in this
behalf, a Gram Panchayat shall impose —
(a) a house tax payable by the occupier or, where a house is vacant by the owner :
Provided that if any house —
(i) remains vacant for a period of one year or more ; or
(ii) is owned or occupied by a person who was dependent of the member of
the Armed Forces of the Union of India killed in action during the 1962,
1965 or 1971 war, it shall be exempted from payment of the house tax ;
(b) if so authorised by the Government, a duty on transfer of property in the form of a
surcharge on the duty imposed by the Indian Stamp Act, 1899, on instruments of
sale, gift and mortgage with possession of immovable property situated in the
sabha area at such rate as may be fixed by the Government not exceeding two
per centum, as the case may be, the amount of the consideration, the value of
the property or the amount secured by the mortgagee, as set forth in the
instrument ;
(c) if so authorised by the Government, any other tax, duty or cess which the
Legislature of the State has power to impose :
Provided that if the Gram Panchayat fails to impose the tax, duty or cess, the Government
may take necessary steps to impose it and the tax, duty or cess so imposed shall be
deemed it and the tax, duty or cess so imposed shall be deemed to have been imposed by
the Gram Panchayat :
Provided further that the Government may, at any time withdraw the authorisation under
clause (b) or clause (c) whereupon the tax, duty or cess to be levied.
(2) The following fees may be levied by the Gram panchayat—
(i) teh-bazari from the shopkeepers in fairs other than cattle fairs ;
(ii) service fee including fee on cleaning of streets and lighting of streets and
sanitation ;
(iii) fees for registration of animals sold in the sabha area ; and
(iv) water rates where water is supplied by the Gram Panchayat . - Subject to such restrictions and control as may prescribed a Gram Panchayat may
write off any tax, fee or other amount whatsoever, due to it, whether under a contract or otherwise
or any sum payable in connection therewith, if in its opinion such tax, fee, amount or sum is
irrecoverable. - (1) Accounts of the receipts and expenditure of every Gram Panchayat shall be
made up in such form as may be prescribed and the Gram Panchayat shall make arrangements
for the examination and audit of the accounts by such persons as the Government may appoint in
this behalf .
(2) Every Gram Panchayat shall cause a copy of its budget considered under
section 12 and of account made up under sub-section (1) to be kept at its
office ; and any member of sabha area may, at all reasonable times, inspect any such budget or
account on payment of fee as may be prescribed.
Audits of
accounts,
inspection of
budget and
accounts and
publication of
abstract of
accounts.
(3) A statement of the accounts of the Gram Panchayat for each financial year,
showing the income of the Gram Panchayat under each head of receipt, the charges for
establishment, the works undertaken, the sums expended on each work and the balance, if any,
of the Fund remaining unspent at the end of the year, shall be prepared by the Gram Sachiv in
such form as may be prescribed and in such manner as the Gram Panchayat may direct. Expenses of
Gram
Panchayat. - The expenses of the Gram Panchayat shall be charged to the Gram Fund in such
proportion as may be determined by the prescribed authority. - A Gram Panchayat may, with the previous permission of the Director, impose a
special tax on the adult male members of the sabha area for construction of any public work of
general utility for inhabitants of the said area provided that it may exempt any member from
payment of this tax in lieu of doing voluntary labour or having it done by another person on his
behalf :
Provided that in the case of an emergency manual labour may be compulsorily imposed
without payment and if any person does not perform such labour without sufficient cause, he shall
be liable to be punished by the Gram Panchayat with a fine which may extend to fifty rupees.
CHAPTER VI
CONTROL - (1) A Gram Panchayat shall at all reasonable times permit any office or other person
whom the Director or Chief Executive Officer, as the case may be, may authorize in this behalf to
have access to all its books, proceedings and records and to enter on and inspect any immovable
property occupied by, or any work in progress under the orders of or any institution controlled by
it.
Access to
records of
Gram
Panchayat.
(2) Notwithstanding anything contained in sub-section (1), the Block Development and
Panchayat Officer or the Social Education and Panchayat Officer may for the purpose of this Act,
require in writing, a Gram Panchayat to produce before him any book, proceedings or record
and may inspect and examine the same and if he has reasonable grounds that anything
necessary for the purpose of an investigation may be found in any book proceedings or record,
he may seize such book, proceedings or record. The officer seizing the book, proceedings or
record shall forthwith issue a receipt for the same .
(3) Nothing contained in sub-section (1) or sub-section (2) shall affect the right of
parties to any proceedings pending before a Gram Panchayat to inspect the records of those
proceedings, in the manner prescribed .
Powers to
suspend action
of Gram
Panchayat. - (1) The District Development and Panchayat Officer or Sub-Divisional Officer (Civil),
as the case may be, by written order, suspend the execution of any resolution or order of the
Gram Panchayat or prohibit the doing of any act which is about to be done or is being done
under the provision of this Act. However, in
special circumstances if in the opinion of the Director, the Gram Panchayat has committed gross
negligence to perform its duties and functions, the Director may
suo motu or on a complaint or report of the District Development and Panchayat Officer or SubDivisional Officer (Civil), as the case may be, received in this behalf, and after giving a
reasonable opportunity to explain to the Gram Panchayat concerned, may take necessary action
and pass such orders as he may deem fit.
1.Omitted by Haryana Act 10 of 1999.
2.Sub. by ibid
(2) In case the resolution or order is suspended by the District Development and
Panchayat Officer or Sub-Divisional Officer (Civil), as the case may be, he shall forthwith send a
copy of the order passed by him in this behalf with a statement of reasons and with such
explanation as the Gram Panchayat may offer, to the Director and the Director may thereupon
confirm, modify or rescind the order.
(3) Any Gram Panchayat aggrieved by an order passed under this section, may
within a period of thirty days from the date of communication of the order, prefer an appeal to the
Government.
Control and
subordination.
48.In all matters arising under this Act, and unless otherwise provided, the Gram
Panchayat, Panchayat Samiti, Zila Parishad and the Director shall be subject to such authority
and control as the Government may direct. - (1) If a Gram Panchayat makes default in the performance of any duty imposed upon
it by or under this Act, or under any other law for the time being in force, the Director after such
enquiry as it may deem fit, fix a period for the performance thereof, and in case of default may
appoint any person to perform it and may direct that the expenses arising from, and incidental to,
its performance, shall be paid by the Gram Panchayat within the time fixed .
Default of
duties.
(2) If, in the opinion of the Government, a Gram Panchayat has failed or is
otherwise, incompetent to administer its property, movable, or immovable in the best interest of
the inhabitants of the sabha area, the Government shall appoint a person to administer such
property for and on behalf of Gram Panchayat :
Provided that the Government may at any time terminate such arrangement and there on
the administration of such property shall be resumed by the
Gram Panchayat .
(3) The person appointed under sub-section (2) shall exercise all such powers of a
Gram Panchayat under this Act, or under any law for the time being in force, as may be
necessary for the management of the property and shall be entitled to receive such remuneration
as may be fixed by the Government .
(4) The income from the management of the property shall be credited to the Gram
Fund and all expenses arising from and incidental to the administration of such property,
including the remuneration payable to the person appointed under sub-section (2), shall be met
out of the Gram Fund.
(5) If the expenses referred to sub- section (1) or sub-section (4) are not paid, the
Government may make an order directing the person having custody of the Gram Fund to make
the pay ment in whole or in part as may be possible from such balance and if such person does
not comply with the order, recover the amount from him, in the manner prescribed .
Power to take
over
management
of land. - (1) Notwithstanding anything contained in section 49, if in the opinion of
Government, it is necessary to take over, in public interest or to secure proper management of
any land held or managed by the Gram Panchayat, the Government may, by notification in the
Official Gazette, take over the management of such land for a period not exceeding the duration
of the Gram Panchayat :
Provided that the land which has already been leased out shall not be taken over before
the expriy of the lease.
(2) The land taken over under sub-section (1) shall be managed in the manner
prescribed and the income derived there from, after meeting all expenses on its management,
shall be credited to the Gram Fund .
1.Omitted by Haryana Act 10 of 1999.
2.Sub. by ibid. - (1) The Director or the Deputy Commissioner concerned may, suspend any
Sarpanch 1[* * * * ] or Panch, as the case may be,–
(a) where a case against him in respect of any criminal offence is under
investigation, enquiry or trial, if in the opinion of the Director or Deputy
Commissioners concerned the charge made or proceeding taken against him, is
Suspension
and removal of
a Sarpanch
1[* * * * ]
or Panch.
likely to embarrass him in the discharge of his duties or involves moral-turpitude
or defect of character ;
(b) during the course of an enquiry for any of the reasons for which he can be
removed, after giving him adequate opportunity to explain.
2[(2) Any Sarpanch or Panch, as the case may be, suspended under sub-section (1)
, shall not take part in any act or proceeding of the Gram Panchayat during the period of his
suspension and shall hand over the records, money or any other property of the Gram Panchayat
in his possession or under his control —
(i) if he is a Sarpanch to a Panch commanding majority in the Gram Panchayat ;
(ii) if he is a Panch to Sarpanch :
Provided that the suspension period of a Panch or a Sarpanch, as the case may be , shall
not exceed one year from the date of handing over the charge in pursuance of the suspension
order except in criminal cases involving moral turpitude.]
(3) The Director or the Deputy Commissioner concerned may, after such enquiry as
he may deem fit and after giving an opportunity of being heard to a Sarpanch or 1[* * * * * ] a
Panch, as the case may be, ask him to show cause against the action proposed to be taken
against him, and by order remove him from his office —
(a) if after his election he is convicted by a criminal court for an offence involving
moral turpitude and punishable with imprisonment for a period exceeding six
months ;
(b) if he was disqualified to be a member of the Gram Panchayat at the time of his
election ;
(c) if he incurrs any of the disqualifications mentioned in section 175 after his
election as member of the Gram Panchayat ;
(d) if he is absent from five consecutive meetings of the Gram Panchayat without
prior permission or leave of Gram Panchayat ; and
(e) if he has been guilty of misconduct in the discharge of his duties and his
continuance in the office is undesirable in the public
interest .
(4) A person who has been removed under sub-section (3) may be disqualified for
re-election for such period as may be mentioned in the order but not exceeding the period of six
years .
(5) Any person aggrieved by an order passed under sub-sections (1) , (3) and (4),
may within a period of thirty days from the communication of the order, perfer an appeal to the
Government.
2[(6) Any Sarpanch or Panch , as the case may be, removed under sub-section (3),
shall hand over the records, money or any other property of the Gram Panchayat in his
possession or under his control —
(i) if he is Sarpanch to a Panch commanding majority in the Gram Panchayat ; and
(ii) if he is a Panch to Sarpanch .]
1.Omitted by Haryana Act 10 of 1999.
2Omitted by Haryana Act 10 of 1999.
3Substituted by ibid
Dissolution of
Gram
Panchayat, - (1) If, in the opinion of the Government, a Gram Panchayat abuses its powers or is
not competent to perform or makes persistent defaults in the performance of its duties under this
Act or willfully disregards any instructions given or directions issued by the Panchayat Samiti or
Zila Parishad or any instructions issued by competent authority arising out of the audit of
accounts of the Gram Panchayat or inspection of the work, the Government may, after giving the
gram Panchayat an opportunity to render explanation, by an order published, with the reasons
thereof , in the Official Gazette, dissolve such Gram Panchayat .
(2) When a Gram Panchayat is dissolved under sub-section (1) —
(i) Sarpanch 1[* * * * * *] and all Panches shall vacate their office forthwith ;
(ii) all powers and duties of the Gram Panchayat during its dissolution, shall
be exercised and performed by such person or persons as the
Government may appoint in this behalf ; and
(iii) all property in the possession of the Gram Panchayat shall be held by
Government .
(3) Upon dissolution of Gram Panchayat under sub-section (1), the Government shall
reconstitute a Gram Panchayat as specified under section 8 and election to reconstitute such
Gram Panchayat shall be completed before the expiration of a period of six months from the date
of dissolution :
Provided that where the remainder of the period for which the dissolved Gram
Panchayat would have continued is less than six months, it shall not be necessary to hold any
election under this sub-section for reconstituting the Gram Panchayat for such period.
(4) A Gram Panchayat reconstituted upon the dissolution of the existing Gram
Panchayat before the expiration of its duration, shall continue only for the remainder of the peiod
for which the dissolved Gram Panchayat would have continued under section 3 had it not been
so dissolved . - (1) Every Sarpanch 1[* * * * * * ] or a Panch of a Gram Panchayat shall be liable for the loss, waste or mis-application of Gram Fund or property belonging to that Gram Panchayat if such loss, waste of mis-application is a consequence of his neglect or misconduct while working as Sarpanch 1[ * * * * * ] or a Panch, as the case may be. (2) The Block Development and Panchayat Officer concerned may, on the application of a Gram Panchayat or otherwise, for loss, waste or mis-application of Gram Fund or property belonging to that Gram Panchayat and after giving adequate opportunity to Sarpanch 1[ * * * * * ] or Panch, as the case may be, to explain, assess by order in writing the amount due from him on account of such loss, waste or mis-application of such Gram Fund or property and take necessary steps for its recovery. Liability of Sarpanch 1[**} or a Panch. (3) Any person aggrieved by an order under sub-section (2) may, within one month of the date of such order apply to the Director to have it set aside and the Director may suspend, vary or rescind such order upon such terms as to costs, payment into court or otherwise, as he thinks fit, but subject to the result of such application, if any, the order shall be conclusive proof of the amount due. (4) Notwithstanding anything contained in sub-section (3) the Government may, either on its own motion at any time or an application received in this behalf within a period of sixty days from the date of the order, call for the records of any proceedings in which the Director has passed an order under sub-section (3) for the purpose of satisfying itself as to the legality or propriety of such order and may pass such order in relation thereto as it thinks fit : 1.Substituted by Haryana Act 19 of 1995. 2.Omitted by ibid. Provided that the Government shall not pass an order under this sub-section prejudicial to any person without giving him a reasonable opportunity of being heard. (5) Notwithstanding anything contained in this section no person shall be called upon to explain why he should not be required to make good any loss, after the expiry of six years from the occurrence of the loss, waste or mis-application or after the expiry of two years from his ceasing to be a Sarpanch 1[ * * * * ] or Panch, as the case may be, whichever is earlier.
(6) The amount assessed as due from Sarpanch 1[* * * * * *] or Panch, as the
case may be, may after his death be recovered from his legal heirs to the extent of property
inherited by them . - 2[(1) Whoever, save as otherwise provided in section 24— ] Penalty for
tempering with the
property.
(i) removes, displaces or makes any alteration in or interferes with any pavement,
gutter, public street, fence, wall or post thereof, lamp-post or bracket thereof,
direction-post, stand-post hydrant or other property of Gram Panchayat ;
(ii) causes any damage to the property of a Gram Panchayat ;
(iii) interferes with any right, title or interest in the land vesting in the Gram
Panchayat without written sanction of the Gram Panchayat or other lawful
authority shall be punishable with fine which may extend to five hundred rupees
and shall also be liable to pay damages equivalent to the loss caused to the
Gram Panchayat .
(2) The Block Development and Panchayat Officer may suo motu or on the
application of the Gram Panchayat, and after giving the person concerned an opportunity to
explain, assess by order in writing the amount of loss caused to the Gram Panchayat .
(3) Any person aggrieved by an order made under sub-sections (1) and (2) may
within thirty days of the date of such order file an appeal to the Director whose orders shall be
final .