Vidhi Codex

THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994

The Himachal Pradesh Panchayati Raj Act, 1994

Infrastructure1994248 sections

This Act establishes the system of local self-government in Himachal Pradesh by creating Panchayati Raj institutions like Gram Panchayats, Panchayat Samitis, and Zila Parishads. It defines their powers, functions, and composition to ensure grassroots democracy and rural development. The law applies to the entire state, excluding municipal areas, and provides a framework for their administration, elections, and financial management. By empowering village communities to manage their own affairs, the Act plays a crucial role in decentralizing governance and promoting inclusive growth at the village level.

Start reading →Read full ActSections
  1. 1. Short title, extent, application and commencement
  2. 2. Definitions
  3. 3. Declaration of Sabha area
  4. 3A. Diminution of the Sabha area not to affect the term of certain office bearers
  5. 4. Establishment of Gram Sabha
  6. 5. Meeting and quorum of Sabha
  7. 5A. Agenda
  8. 5B. Constitution of Mahila Gram Sabha
  9. 6. Defect or omission in enrolment of members not to vitiate act or proceedings of the Gram Sabha
  10. 7. Functions of Gram Sabha
  11. 7A. Constitution of the Up-Gram Sabha
  12. 8. Constitution of Gram Panchayats
  13. 9. Meetings of Gram Panchayat
  14. 10. Maintenance of Gram Panchayat records etc.
  15. 11. Functions of Gram Panchayat
  16. 11-A. Registration of cattle and maintenance of record therefor
  17. 12. Power of removal of encroachments and nuisance
  18. 13. Power to make general orders
  19. 14. Control on erection of buildings
  20. 15. Penalty for disobedience of a special or general order of the Panchayat
  21. 16. Power to enquire and make report about misconduct of certain officials
  22. 17. Power to contract for the collection of taxes and other dues
  23. 18. Power to introduce prohibition
  24. 19. Power of entry and inspection
  25. 20. Power to manage fairs and markets
  26. 21. Power over waterways etc.
  27. 22. Powers regarding naming of streets and numbering of buildings
  28. 23. Constitution and functions of Standing Committees
  29. 24. Joint Committee
  30. 25. Work to be entrusted to Joint Committee or Panchayat Samiti
  31. 26. Maintenance and improvement of Schools, hospitals and dispensaries
  32. 27. Establishment of School, hospital or dispensary for group of Panchayats
  33. 28. Assistance to the Government servants
  34. 29. Power to take over management of institutions etc.
  35. 30. Bar for Panches to take part in certain cases
  36. 31. Territorial jurisdiction
  37. 32. Offences cognizable by Gram Panchayat
  38. 33. Penalties
  39. 34. No cognizance by Courts
  40. 35. Transfer of criminal proceedings to the Gram Panchayat in certain cases
  41. 36. Summary disposal of complaint
  42. 37. Return of complaints
  43. 38. Certain persons not to be tried by the Gram Panchayat
  44. 39. Compensation to the accused
  45. 40. Enquiry in cases forwarded by a Magistrate
  46. 41. Extent of jurisdiction
  47. 42. Extension of jurisdiction by agreement of parties
  48. 43. Application for transfer of cases from one Gram Panchayat to another Gram Panchayat
  49. 44. Exclusion of Gram Panchayat jurisdiction
  50. 45. Suit to include the whole claim
  51. 46. Limitation
  52. 47. Effect of decision by Gram Panchayat
  53. 48. Proceeding under section 46 of the Himachal Pradesh Land Revenue Act
  54. 49. Procedure in revenue proceedings
  55. 50. Resjudicata
  56. 51. Double jeopardy
  57. 52. Concurrent jurisdiction
  58. 53. Institution of suits and cases
  59. 54. Recording of substance of the complaints and application and appointment of benches
  60. 55. Absence of parties in cases and suits
  61. 56. Gram Panchayat not to revise or alter its decision
  62. 57. No legal practitioner to appear
  63. 58. Appearance in person or by representative
  64. 59. Compromise
  65. 60. Procedure and power to ascertain truth
  66. 61. Majority to prevail
  67. 62. Dismissal of suits etc
  68. 63. Summons to defendant or accused
  69. 64. Failure of the accused to appear
  70. 65. Issue of summons to witnesses
  71. 66. Penalties for failing to appear before the Gram Panchayat
  72. 67. Appeal
  73. 68. Finality of decree or order of the Gram Panchayat
  74. 69. Frivolous appeals
  75. 70. Payment or adjustment of decree to be recorded
  76. 71. Execution of decrees
  77. 72. Recovery of fines
  78. 73. Protection to Gram Panchayats
  79. 74. Duty of police towards Gram Panchayats
  80. 75. Proceeds of fee and fines etc
  81. 76. Conviction by Gram Panchayat not to be a previous conviction
  82. 77. Establishment of Panchayat Samiti
  83. 78. Constitution of Panchayat Samiti
  84. 79. Election of Chairman and Vice-Chairman of Panchayat Samiti
  85. 80. Meetings
  86. 81. Functions of the Panchayat Samiti
  87. 82. Entrustment of certain functions of State Government to a Panchayat Samiti
  88. 83. Power of the State Government in relation to functions of Panchayat Samiti
  89. 84. Standing Committees
  90. 85. Functions of the Standing Committees
  91. 86. Procedure of Standing Committees
  92. 87. Consultative Committees
  93. 88. Establishment of Zila Parishad
  94. 89. Constitution of Zila Parishad
  95. 90. Election of the Chairman and Vice-Chairman
  96. 91. Meetings of Zila Parishad
  97. 92. Functions of the Zila Parishad
  98. 93. Entrustment of certain functions of State Government to a Zila Parishad
  99. 94. Power of the State Government in relation to functions of Zila Parishad
  100. 95. Standing Committees
  101. 96. Functions of the Standing Committees
  102. 97. Procedure of Committees
  103. 97-A. Application of this Chapter
  104. 97-B. Declaration of village in scheduled areas
  105. 97-C. Functions of Gram Sabha
  106. 97-D. Reservation of seats of office bearer in Panchayats
  107. 97-E. Nomination of persons
  108. 97-F. Acquisition of land in the scheduled areas
  109. 97-G. Management of minor water bodies in the scheduled areas
  110. 97-H. Minor minerals in the scheduled areas
  111. 97-I. Powers and functions of Gram Panchayats and Panchayat Samitis
  112. 98. Finance Commission for Panchayats
  113. 99. Panchayat Fund
  114. 100. Levy of taxes, duty, cess and fees by Gram Panchayats
  115. 101. Special tax for community services
  116. 102. Commutation of tax by labour
  117. 103. Local rate
  118. 104. Levy of taxes by Panchayats
  119. 105. Power of State Government to regulate taxes
  120. 106. Power of State Government in regard to relief in taxes
  121. 107. Assignment of funds to Panchayats
  122. 108. Grants-in-aid to Panchayats
  123. 109. Disbursement of local rate and stamp duty amongst Panchayats
  124. 110. Power of Panchayat to borrow money
  125. 111. State Government may vest certain property in Panchayats
  126. 112. Transfer of immovable property
  127. 113. Mode of executing contracts
  128. 114. Penalty for evasion
  129. 115. Recovery of arrears
  130. 116. Appeal against taxation
  131. 117. Budget and annual accounts
  132. 118. Audit of Panchayats
  133. 119. Incorporation of Panchayats
  134. 120. Duration of Panchayats
  135. 121. Qualification to vote and to be a candidate
  136. 121-B. Lodging of account
  137. 121A. Account of election expenses and maximum limit thereof
  138. 122. Disqualifications
  139. 123. Bar to hold more than one office
  140. 124. Territorial Constituencies
  141. 125. Reservation for Chairpersons
  142. 126. Publication of names of office bearers of Panchayats
  143. 127. Oath or affirmation of allegiance
  144. 128. First meeting and term of office
  145. 129. No confidence motion
  146. 130. Resignation by office bearers
  147. 131. Casual vacancies
  148. 132. Defect or irregularity not to vitiate proceedings
  149. 133. Appointment of Secretary of Gram Panchayat
  150. 134. Powers and functions of Chief Executive Officer and Secretary
  151. 135. Other Officers and servants of Panchayats
  152. 136. Deputation of Government servants
  153. 137. Inspection and access to Panchayat records
  154. 138. Power to suspend execution of orders, etc
  155. 139. Power of State Government to issue order directing Panchayat for execution of works in certain cases
  156. 140. Power of State Government to dissolve Panchayats for default, abuse of power, etc
  157. 141. Inquiry into affairs of Panchayats
  158. 142. Liability of office bearers etc., for loss, misappropriation
  159. 143. Disputes between Panchayats and other local authorities
  160. 144. Power to recover records and articles
  161. 145. Suspension of office bearers of Panchayats
  162. 146. Removal of office bearers of Panchayats
  163. 147. Power to call for record
  164. 148. Appeal and revision
  165. 149. Penalty for acting as member, Pradhan, Up-Pradhan, Chairman, Vice-Chairman when disqualified
  166. 150. Penalties for interested members voting
  167. 151. Penalty for acquisition by a member, office bearer or servant of interest in contracts
  168. 152. Wrongful restraint of officers etc
  169. 153. Prohibition against obstruction of member of Panchayats
  170. 154. Prohibition against removal or obliteration of notice
  171. 155. Penalty for not giving information or giving false information
  172. 156. Prohibition of bidding
  173. 157. Procedure to make good the damage to any Panchayat
  174. 158. Penalty for tampering with the Panchayat property
  175. 158-A. Promoting enmity between classes in connection with the election
  176. 158-B. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll
  177. 158-C. Disturbances at election meetings
  178. 158-D. Restrictions on the printing of pamphlets, posters, etc
  179. 158-E. Maintenance of secrecy of voting.
  180. 158-F. Officers etc., at elections not to act for candidates or to influence voting.
  181. 158-G. Prohibition of canvassing in or near polling stations.
  182. 158-H. Penalty for disorderly conduct in or near polling stations.
  183. 158-I. Penalty for misconduct at the polling station.
  184. 158-J. Penalty for failure to observe procedure for voting.
  185. 158-K. Penalty for illegal hiring or procuring of conveyance at elections.
  186. 158-L. Breaches of official duty in connection with election.
  187. 158-M. Penalty for Government Servants for acting as election agent, polling agent or counting agent.
  188. 158-N. Prohibition of going armed to or near a polling station.
  189. 158-O. Removal of ballot papers from polling station to be an offence.
  190. 158-P. Offence of booth capturing
  191. 158-Q. Grant of paid holiday to employees on the day of poll
  192. 158-R. Liquor not to be sold, given or distributed on Polling day
  193. 158-S. Other offences and penalties therefor
  194. 159. Definitions
  195. 160. State Election Commission
  196. 160-A. Requisitioning of premises, vehicles, etc., for election purposes
  197. 160-B. Payment of compensation
  198. 160-C. Release of premises from requisition
  199. 160-D. Delegation of functions of the State Government with regard to requisitioning
  200. 160-E. Deputation of staff and punishment on breach of official duty
  201. 161. Officer authorised to hear election petitions
  202. 162. Election petitions
  203. 163. Presentation of petition
  204. 163-A. Parties to the petition
  205. 164. Contents of petition
  206. 165. Procedure on receiving election petition
  207. 166. Withdrawal and transfer of petitions
  208. 167. Procedure before the authorised officer
  209. 168. Appearance before the authorised officer
  210. 169. Power of the authorized officer
  211. 170. Documentary evidence
  212. 171. Secrecy of voting not to be infringed
  213. 172. Answering of incriminating questions and certificate of indemnity
  214. 173. Expenses of witnesses
  215. 174. Decision of authorised officer
  216. 175. Grounds for declaring elections to be void
  217. 175-A. Grounds for which a candidate other than the elected person may be declared to have been elected
  218. 175-B. Procedure in case of equality of votes
  219. 176. Abatement of election petitions
  220. 177. Costs and payment thereof out of security deposits and return of such deposits
  221. 178. Execution of orders as to costs
  222. 179. XXXXXXXXXXXXXXXXXXXXXX
  223. 180. Corrupt practices
  224. 181. Appeals
  225. 182. Bar of interference by Courts in election matters
  226. 183. Power to make rules for conduct of elections
  227. 184. Preparation of Development Plans
  228. 185. District Planning Committee
  229. 186. Power to make rules
  230. 187. Bye-laws
  231. 188. Model bye-laws
  232. 189. Delegation of powers
  233. 190. Members and servants of Panchayat to be public servants
  234. 191. Indemnity for acts done in good faith
  235. 192. Certain suits against members, office bearers etc. to be defended at the cost of Panchayat
  236. 193. Bar for suit in absence of notice
  237. 194. Method of service
  238. 195. Proceedings and record of Panchayats open to inspection
  239. 196. Prohibition of remuneration to members
  240. 197. Panchayat in default of owner or occupier may execute work and recover expenses
  241. 198. Acquisition of land
  242. 199. Power to remove difficulties
  243. 200. Repeal and savings
  244. SCHEDULE-I. FUNCTIONS OF GRAM PANCHAYATS
  245. SCHEDULE-II. FUNCTIONS OF PANCHAYAT SAMITIS
  246. SCHEDULE-III. OFFENCES COGNIZABLE BY A GRAM PANCHAYAT
  247. SCHEDULE-IV. PERIOD OF LIMITATION FOR CERTAIN CLAIMS
  248. Schedule-V. FORM OF OATH FOR OFFICE BEARERS OF PANCHAYATS

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