The Himachal Pradesh Panchayati Raj Act, 1994

AUTHORITATIVE ENGLISH TEXT THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994 ARRANGEMENT OF SECTIONS Sections: CHAPTER –I PRELIMINARY 1. Short title, extent, application and commencement. 2. Definitions. CHAPTER –II GRAM SABHA 3. Declaration of Sabha area. 3-A. Diminution of Sabha area not to affect the term of certain office bearers. 4. Establishment of Gram Sabha. 5. Meeting and Quorum of Sabha. 5-A. Agenda. 5-B. Constitution of Mahila Gram Sabha. 6. Defect or omission in enrolment of members not to vitiate act or proceedings of the Gram Sabha. 7. Functions of Gram Sabha. 7 (A). Constitution of the Up-Gram Sabha. CHAPTER –III GRAM PANCHAYATS 8. Constitution of Gram Panchayats. 9. Meetings of Gram Panchayat. 10. Maintenance of Gram Panchayat records etc. 11. Functions of Gram Panchayat. 11-A. Registration of cattle and maintenance of record therefor. 12. Power of removal of encroachments and nuisance. 13. Power to make general orders. 14. Control on erection of buildings. 15. Penalty for disobedience of a special or general order of the Panchayat. 2 16. Power to enquire and make report about misconduct of certain officials. 17. Power to contract for the collection of taxes and other dues. 18. Power to introduce prohibition. 19. Power of entry and inspection. 20. Power to manage fairs and markets. 21. Power over water ways etc. 22. Powers regarding naming of streets and numbering of buildings. 23. Constitution and functions of Standing Committees. 24. Joint Committee. 25. Work to be entrusted to Joint Committee or Panchayat Samiti. 26. Maintenance and improvement of Schools, hospitals and dispensaries. 27. Establishment of School, hospital and dispensary for group of Panchayats. 28. Assistance to the Government servants. 29. Powers to take over management of institutions etc. CHAPTER – IV JUDICIAL FUNCTIONS AND POWERS OF GRAM PANCHAYAT 30. Bar for Panches to take part in certain cases. 31. Territorial jurisdiction. 32. Offences cognizable by Gram Panchayat. 33. Penalties. 34. No cognizance by Courts 35. Transfer of criminal proceedings to the Gram Panchayat in certain cases. 36. Summary disposal of complaint. 37. Return of complaints. 38. Certain persons not to be tried by the Gram Panchayat. 39. Compensation to the accused. 40. Enquiry in cases forwarded by a Magistrate. 41. Extent of jurisdiction. 42. Extension of jurisdiction by agreement of parties. 3 43. Application for transfer of cases from one Gram Panchayat to another Gram Panchayat. 44. Exclusion of Gram Panchayat jurisdiction. 45. Suit to include the whole claim. 46. Limitation. 47. Effect of decision by Gram Panchayat. 48. Proceeding under section 46 of the Himachal Pradesh Land Revenue Act. 49. Procedure in revenue proceedings. 50. Resjudicata. 51. Double jeopardy. 52. Concurrent jurisdiction. 53. Institution of suits and cases. 54. Recording of substance of the complaints and application and appointment of benches. 55. Absence of Parties in cases and suits. 56. Gram Panchayat not to revise or alter its decision. 57. No legal practitioner to appear. 58. Appearance in person or by representative. 59. Compromise. 60. Procedure and power to ascertain truth. 61. Majority to prevail. 62. Dismissal of suits etc. 63. Summons to defendant or accused. 64. Failure of the accused to appear. 65. Issue of summons to witnesses. 66. Penalties for failing to appear before the Gram Panchayat. 67. Appeal. 68. Finality of decree or order of the Gram Panchayat. 69. Frivolous appeals. 70. Payment or adjustment of decree to be recorded. 71. Execution of decrees. 72. Recovery of fines. 73. Protection to Gram Panchayats. 4 74. Duty of police towards Gram Panchayats. 75. Proceeds of fee and fines etc. 76. Conviction by Gram Panchayat not to be a previous conviction. CHAPTER-V PANCHAYAT SAMITI 77. Establishment of Panchayat Samiti. 78. Constitution of Panchayat Samiti. 79. Election of Chairman and Vice-Chairman of Panchayat Samiti. 80. Meetings. 81. Functions of Panchayat Samiti. 82. Entrustment of certain functions of state Government to a Panchayat Samiti. 83. Powers of the State Government in relation to functions of Panchayat Samiti. 84. Standing Committees. 85. Functions of the Standing Committees. 86. Procedure of the Standing Committees. 87. Consultative Committees. CHAPTER –VI ZILA PARISHAD 88. Establishment of Zila Parishad. 89. Constitution of Zila Parishad. 90. Election of Chairman and Vice-Chairman 91. Meetings of Zila Parishad. 92. Functions of Zila Parishad. 93. Entrustment of certain functions of state Government to a Zila Parishad. 94. Powers of the State Government in relation to functions of Zila Parishad. 95. Standing Committees. 96. Functions of Standing Committees. 97. Procedure of Committees. 5 CHAPTER -VI-A SPECIAL PROVISIONS RELATING TO THE GRAM PANCHAYATS, PANCHAYAT SAMITIS AND ZILA PARISHADS LOCATED IN THE SCHEDULED AREAS. 97-A. Application of this chapter. 97-B. Declaration of village in scheduled areas. 97-C. Functions of Gram Sabha. 97-D. Reservation of seats of office bearers in Panchayats. 97-E. Nomination of persons. 97-F. Acquisition of land in the scheduled areas. 97-G. Management of minor water bodies in the scheduled areas. 97-H. Minor minerals in scheduled areas. 97-I. Powers and functions of Gram Panchayats and Panchayat Samitis. CHAPTER- VII FINANCE, TAXATION AND RECOVERY OF CLAIMS 98. Finance Commission for Panchayats. 99. Panchayat Fund. 100. Levy at taxes and fees by Gram Panchayats. 101. Special tax for community services. 102. Commutation of tax by labour. 103. Local rate. 104. Levy of taxes by Panchayats. 105. Power of State Government to regulate taxes. 106. Power of State Government in regard to relief in taxes. 107. Assignment of funds to Panchayats. 108. Grants-in-aid to Panchayats. 109. Disbursement of local rate and stamp duty amongst Panchayats. 110. Powers of Panchayat to borrow money. 111. State Government may vest certain property in Panchayats. 112. Transfer of immovable property. 113. Mode of executing contracts. 6 114. Penalty for evasion. 115. Recovery of arrears. 116. Appeal against taxation. 117. Budget and annual accounts. 118. Audit of Panchayats. CHAPTER-VIII GENERAL PROVOSIONS RELATING TO INCORPORATION, DURATION, TERRITORIAL CONSTITUENCIES OF PANCHAYATS AND QUALIFICATIONS ETC. OF OFFICE BEARES 119. Incorporation of Panchayats. 120. Duration of Panchayats. 121. Qualification to vote and to be a candidate. 121-A. Account of election expenses and maximum limit thereof. 121-B. Lodging of account. 122. Disqualifications. 123. Bar to hold more than one office. 124. Territorial constituencies. 125. Reservation for Chairpersons. 126. Publication of names of office bearers of Panchayats. 127. Oath or affirmation of allegiance. 128. First meeting and term of office. 129. No confidence motion. 130. Resignation by office bearers. 131. Casual vacancies. 132. Defect or irregularity not to vitiate proceedings. CHAPTER – IX OFFICERS AND STAFF OF PANCHAYATS 133. Appointment of secretary of Gram Panchayats. 134. Appointment of Chief Executive officer and Secretary of Panchayat Samiti and Zila Parishad. 135. Other officers and servants of Panchayats. 136. Deputation of government servants. 137. Inspection and access to Panchayat records. 7 138. Powers to suspend execution of orders, etc. 139. Power of State Government to issue orders directing Panchayats for execution of works in certain cases. 140. Power of State Government to dissolve Panchayat for default, abuse of power, etc. 141. Inquiry into affairs of Panchayats. 142. Liability of office bearers etc., for loss, misappropriation. 143. Dispute between Panchayats and other local authorities. 144. Power to recover records, articles and money. 145. Suspension of office bearers of Panchayats. 146. Removal of office bearers of Panchayats. 147. Power to call for record. 148. Appeal and revision. CHAPTER-X PENALTY 149. Penalty for acting as members, Pradhan, Up-Pradhan, Chairman, Vice-Chairman when disqualified. 150. Penalties for interested members voting. 151. Penalty for acquisition by a member, office bearer or servant of interested in contracts. 152. Wrongful restraint of officers etc. 153. Prohibition against obstruction of members of Panchayats. 154. Prohibition against removal or obliteration of notice. 155. Penalty for not giving information or giving false information. 156. Prohibition of bidding. 157. Procedure to make good the damage to any Panchayat. 158. Penalty for tempering with the Panchayat property. CHAPTER-X-A ELECTROL OFFENCES 158-A. Promoting enmity between classes in connection with the election. 158-B. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll. 158-C. Disturbances at election meetings. 158-D. Restrictions on the printing of pamphlets, posters, etc. 8 158-E. Maintenance of secrecy of voting. 158-F. Officers etc., at elections not to act for candidates or to influence voting. 158-G. Prohibition of canvassing in or near polling stations. 158-H. Penalty for disorderly conduct in or near polling stations. 158-I. Penalty for misconduct at the polling station. 158-J. Penalty for failure to observe procedure for voting. 158-K. Penalty for illegal hiring or procuring of conveyance at elections. 158-L. Breaches of official duty in connection with election. 158-M. Penalty for Government Servants for acting as election agent, polling agent or counting agent. 158-N. Prohibition of going armed to or near a polling station. 158-O. Removal of ballot papers from polling station to be an offence. 158-P. Offence of booth capturing. 158-Q. Grant of paid holiday to employees on the day of poll. 158-R. Liquor not to be sold, given or distributed on Polling day. 158-S. Other offences and penalties therefor. CHAPTER- XI DISPUTES RELATING TO ELECTION 159. Definitions. 160. State Election Commission. 160-A. Requisitioning of premises, vehicles, etc., for election purposes. 160-B. Payment of compensation. 160-C. Release of premises from requisition. 160-D. Delegation of functions of the state Government with regard to requisitioning. 160-E. Deputation of staff and punishment on breach of official duty. 161. Officer authorised to hear election petitions. 162. Election petitions. 163. Presentation of petition. 163-A. Parties to the petition. 164. Contents of petition. 9 165. Procedure on receiving election petition. 166. Withdrawal and transfer of petitions. 167. Procedure before the authorised officer. 168. Appearance before the authorised officer. 169. Power of the authorised officer. 170. Documentary evidence. 171. Secrecy of voting not to be infringed. 172. Answering of incriminating questions and certificate of indemnity. 173. Expenses of witnesses. 174. Decision of authorised officer. 175. Grounds for declaring elections to be void. 175-A. Grounds for which a candidate other than the elected person may be declared to have been elected. 175-B. Procedure in case of equality of votes. 176. Abatement of election petitions. 177. Costs and payment thereof out of security deposits and return of such deposits. 178. Execution of orders as to costs. 1 [179. XXXXXXXXXXXXXXXXXXXXXX] 180. Corrupt practices. 181. Appeals. 182. Bar of interference by Courts in election matters. 183. Power to make rules for conduct of elections. CHAPTER-XII DEVELOPMENT PLANS AND DISTRICT PLANNING COMMITTEE 184. Preparation of Development Plans. 185. District Planning Committee. CHAPTER-XIII RULES AND BYE-LAWS 186. Power to make rules. 187. Bye-laws. 1. Section 179 deleted vide Act No. 18 of 2000. 10 188. Model bye-laws. 189. Delegation of powers. CHAPTER-XIV MISCELLANEOUS 190. Members and servants of Panchayat to be public servant. 191. Indemnity for acts done in good faith. 192. Certain suits against members, office bearers etc. to be defended at the cost of Panchayat. 193. Bar for suit in absence of notice. 194. Method of service. 195. Proceedings and record of Panchayats open to inspection. 196. Prohibition of remuneration to members. 197. Panchayat in default of owner or occupier may execute work and recover expenses. 198. Acquisition of land. 199. Power to remove difficulties. 200. Repeal and savings. Schedules-I, II, III, IVand V. --------- THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994 (ACT NO. 4 OF 1994) 1 (Received the assent of the Governor, Himachal Pradesh on 22 nd April, 1994 and was published in Hindi and English in R.H.P. Extra., dated the 23 rd April, 1994 at p. 813- 983). Amended, repealed or otherwise affected by:- (i) H.P. Ordinance No. 3 of 1997 replaced by H.P. Act No. 10 of 1997 2 , published in R.H.P. Extra., dated 3-5-1997, P. 1579- 1582, effective w.e.f. 16 th January, 1997. (ii) H.P. Act No. 1 of 1998 3 , published in R.H.P. Extra., dated 9- 1-1998, P. 59-64. effective w.e.f. 24 th May, 2004 vide Not. 1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 5.4.1994, p. 666 and 743. 2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 31.3.1997, p. 1109 and 1112. 3 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 12.12.1997, p. 4722 and 4726. 11 No. PCH-HA(I)4/94-Loose-6025-6236, dated 24 th May, 2004 published in R.H.P. Extra., dated 24.5.2004, p. 475. (iii) H.P. Act No. 18 of 2000 1 , published in R.H.P. Extra., dated 8- 6-2000, P. 1613-1646. (iv) H.P. Ordinance No. 1 of 2000 replaced by H.P. Act No. 4 of 2001 2 , published in R.H.P. Extra., dated 20-2-2001, P. 5677- 5683, effective w.e.f. 15 th day of November, 2000. (v) H.P. Act No. 22 of 2001 3 , published in R.H.P. Extra., dated 19-10-2001, P. 2937-2946. (vi) H.P. Act No. 10 of 2002 4 , published in R.H.P. Extra., dated 8- 5-2002, P. 313-316. (vii) H.P. Act No. 17 of 2005 5 , published in R.H.P. Extra., dated 17-5-2005, P. 743-756, effective w.e.f. 30 th May, 2005 vide Not. No. PCH-HA(1)1/2004-9509-9683, dated 30 th May, 2005 published in R.H.P.Extra., dated 30.5.2005, p. 958. (viii) H.P. Act No. 20 of 2006 6 , published in R.H.P. Extra., dated 12-10-2006, P. 5261-5264. (ix) H.P. Act No. 15 of 2007 7 , published in R.H.P. Extra., dated 20-09-2007, P. 5695-5696. (x) H.P. Act No. 10 of 2008 8 , published in R.H.P. Extra., dated 27.5.2008, P. 1197-1203, effective w.e.f. 13.6.2008 vide Not. No. PCH-HA(1)8/2008, dated 13.6.2008, published in R.H.P.Extra., dated 16.6.2008, p. 1872-1877. (xi) H.P. Act No. 17 of 2008 9 , published in R.H.P. Extra., dated 13.10.2008, P. 4247-4250. 1 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 17. 4.2000, p. 933 and 951. 2 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 26.12.2000, p. 4732 and 4737. 3 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 21.8.2001, p. 1966 and 1974. 4 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 26. 3.2002, p. 4635 and 4638. 5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 4.4..2005, p. 231 and 241. 6 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 22.8.2006, p. 3710 and 3713. 7. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 30.8.2007, p. 4657and 4660. 8. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P., dated 24.4.2008, p. 392 &398. 9 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. dated 10.09.2008 p. 3733 & 3736. 12 (xii) H.P Act No. 15 of 2010 1 assented to by the Governor on the 11 th June, 2010 and was published in Hindi and English in R.H.P dated 18.6.2010 p. 1481-1486 . (xiii) H.P Act No. 9 of 2011 2 assented to by the Governor on the 22 th January, 2011 and was published in Hindi and English in R.H.P dated 28.1.2011 p. 8384-8389. (xiv) H.P. Ordinance No. 5 of 2014 replaced by H.P. Act No. 1 of 2015 3 assented to by the Governor on the 19 th January, 2015 and published both in Hindi and English in R.H.P. dated 22 nd January, 2015 at p. 5721-5725 . Effective w.e.f. 20.9.2014. (xv) H.P. Act No. 15 of 2015 4 assented to by the Governor on the the 10 th May, 2015 and published both in Hindi and English in R.H.P. dated 18 th May, 2015 at p. 808-812. AN ACT to consolidate, amend and replace the law relating to Panchayats with a view to ensure effective involvement of the Panchayati Raj Institutions in the local administration and developmental activities. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Forty-fifth Year of the Republic of India as follows:- CHAPTER-I PRELIMINARY 1. Short title, extent, 5 [application] and commencement.- (1) This Act may be called the Himachal Pradesh Panchayati Raj Act, 1994. (2) It shall extend to the whole of the State of Himachal Pradesh, except the areas administered by a municipality. 6 [(2-A) In their application to the scheduled areas in the State as referred to in clause (1) of Article 244 of the Constitution of India, the remaining provisions of this Act shall apply, subject to the provisions of Chapter VI-A of this Act.] (3) It shall come into force on such date 7 as the Government may, by notification, appoint. 1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P dated 20.4.2010, p.321&326. 2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P dated 21.12.2010., p. 7576 &7582. . 3 Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. dated 11.12.2014, p. 4936. 4 Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. dated 9.4.2015, p. 206 & 209. 5. Inserted vide H.P. Act No. 1 of 1998 effective w.e.f. 24th May, 2004. 6. Sub-section (2-A) ins. vide H.P. Act No. 1 of 1998 effective w.e.f. 24th May, 2004. 7 . Act came into force w.e.f. 23.4.1994 vide notification No. RDPR.III (Leg-I) 5/93 dated 23.4.1994 and published in R.H.P.Extra., dated 23.4.1994, Pages 985- 986. 13 2. Definitions.- In this Act, unless the context otherwise requires,- (1) “annual value” means,- (i) double the land revenue for the time being assessed on any land, whether the assessment is leviable or not; or (ii) where the land revenue has been permanently assessed, or has been wholly or in part compounded or redeemed, double the amount which, but for such permanent assessment, composition or redemption, would have been leviable; or (iii) where no land revenue has been assessed, double the amount which, would have been assessed if the average village rate had been applied: Provided that, in any tract in which, under the settlement for the time being in force, the improvement of the land due to canal irrigation has been excluded from account in assessing the land revenue and rate has been imposed in respect of such improvement, that rate shall be added to the land revenue for the purpose of computing the annual value: (2) “backward classes” means such classes of citizens other than Scheduled Castes and Scheduled Tribes as may be identified and notified for the purposes of reservation for appointments or posts in the services under the State Government; (3) “block” means such area in a district as may be declared by the Government by notification to be a block; (4) “building” means any shop, house, out-house, hut, shed, stable, whether used for the purpose of human habitation or otherwise and whether of stone, concrete, bricks masonry, wood, mud, thatch, metal or any other material whatever and includes a wall; (5) “bye-laws” means bye-laws made by a Panchayat under this Act and includes model bye-laws framed by the State Government under section 188; (6) “case” means ‘criminal proceedings’ in respect of an offence triable by a Gram Panchayat; 1 [(6-A). “cattle” means domestic animals and includes elephants, camels, buffaloes, cows, oxen, horses, mares, geldings, ponnies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;] (7) “collector”, “Magistrate” or “Sub-Judge” with reference to a “Gram Sabha” or a “Gram Panchayat” means a Collector, a 1. Clause (6-A) inserted vide Act No. 20 of 2006. 14 Judicial Magistrate or a Sub Judge of the District or the Sub Division, as the case may be, in which such Gram Sabha, or Gram Panchayat is constituted; (8) “complaint” means any allegation made orally or in writing to the Gram Panchayat, with a view to its taking action under Chapter-IV of this Act, that some person, whether known or unknown has committed an offence; 1 [(8-A) XXXXXXXXXXXXXXXX;] (9) “common land” means the land which is not in the exclusive use of any individual and has, by usage, custom, prescription or by law, been reserved for the common purposes of village community or has been acquired for such purposes; (10) “decree”, “decree holder”, “judgment debtor” and “legal representative” shall have the same meanings as are assigned to them in section 2 of the Code of Civil Procedure, 1908( 5 of 1908); (11) “Deputy Commissioner” means the Deputy Commissioner of a district and includes any officer specially appointed by the Government to perform the functions of a Deputy Commissioner under this Act: Provided that such officer shall not perform any function in respect of which the decision of the Deputy Commissioner under this Act is final; 2 [(11-A) “Divisional Commissioner” means the Divisional Commissioner of a Division and includes any officer specially appointed by the State Government to perform function of Divisional Commissioner;] (12) “Director” means the Director of Panchayati Raj appointed under this Act and includes any other officer specially appointed by the Government to perform the functions of the Director under this Act; (13) “district” means a revenue district; 3 [(13-A) “Chief Executive Officer” means Chief Executive Officer of Panchayat Samiti or Zila Parishad appointed under section 134 of this Act;] 4 [(13-B) “family” means a joint family of all persons descended from common ancestor including adoption, who live, worship and 1. Clause (8-A) added vide Act No. 18 of 2000 and deleted vide Act No. 17 of 2008. 2. Clause (11-A) ins vide Act No. 17 of 2008. 3. Clause (13-A) inserted vide Act No. 1of 2015 w.e.f. 20.9.2014. 4 . Clause (13-A) added vide Act No. 4 of 2001 w.e.f. 15.11.2000 and remembered as Clause (13-B) vide Act No.1 of 2015. 15 mess together permanently as shown in the parivar register of the Gram Panchayat;] 1 [(13-C) “Financial Commissioner” means the Financial Commissioner 2 [(Appeal)] to the Government of Himachal Pradesh;”. (14) “Government” or “State Government” means the Government of Himachal Pradesh; (15) “Gram Panchayat” means the Executive Committee of the Gram Sabha established under section 8 of this Act; (16) “Gram Sabha” or “Sabha” means a Gram Sabha established under section 4 of this Act and ‘Sabha area’ means an area declared to be a ‘Sabha area’ under section 3 of this Act; (17) “land” means land assessed to land revenue and includes land whereof the land revenue has been wholly, or in part released, compounded for, redeemed or assigned; (18) “land holder” means any person responsible for the payment of the land revenue, if any, assessed on land and includes the proprietor of land, the land revenue of which has been wholly, or in part, released, compounded for, redeemed or assigned; (19) “land revenue” includes tirni or grazing dues levied for grazing on Government land; 3 [(19-A) “Mahila Gram Sabha” means a Mahila Gram Sabha constituted under section 5-B of this Act;] (20) “member” means a member of the Gram Panchayat, Gram Sabha, Panchayat Samiti or Zila Parishad, as the case may be; (21) “municipality” means an institution of self-Government constituted under article 243-Q of the Constitution of India and includes a Cantonment Board set up under the Cantonments Act, 1924( 2 of 1924); 4 [(21-A) “near relative” means any person who is related to the office- bearer of the Panchayat which includes father, mother, grand-father, grand-mother, wife, husband, father-in-law, mother-in-law, maternal or paternal uncle, son, grand-son, daughter, grand-daughter, son-in-law, daughter-in-law, 1. Clause (13-B) added vide Act No. 17 of 2008 and remembered as Clause (13-B) vide Act No.1 of 2015. 2. Subs. for the words and brackets “(Revenue)” vide Act No. 15 of 2010. 3 Clause (19-A) ins. Vide Act No. 15 of 2015. 4 Clause (21-A) ins. Vide Act No. 15 of 2015. 16 brother, brother-in-law, nephew, niece, sister or sister’s husband:] (22) “offence”, “bailable offence”, “non-bailable offence”, “cognizable offence”, “Officer-in-charge of a police station” and “police station” shall have the same meanings as are assigned to them in section 2 of the Code of Criminal Procedure, 1973(2 of 1974; (23) “office-bearer” means a Member, Pradhan or Up-Pradhan of a Gram Panchayat and a Member, Chairman or Vice- Chairman of a Panchayat Samiti or of a Zila Parishad, as the case may be; (24) “Official Gazette” or “Gazette” means the Rajpatra of Himachal Pradesh; (25) “panch” means a member of Gram Panchayat while discharging the judicial functions of the Gram Panchayat under this Act and includes a Pradhan or Up-Pradhan; (26) “panchayat” means a Gram Panchayat, a Panchayat Samiti or a Zila Parishad, as the case may be; (27) “panchayat forest” means a forest which has been so declared by the State Government by notification issued in this behalf; 1 [(27-A) “Panchayat Sahayak” means a person appointed as Panchayat Sahayak 2 [by the Panchayat] under section 135 or an official deputed by the State Government under section 136, as the case may be, to perform the functions of Secretary of Gram Panchayat under this Act;] (28) “Panchayat Samiti” means a Panchayat Samiti constituted under section 78 of this Act and having jurisdiction over the block area; (29) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published; (30) “prescribed” means prescribed by rules made under this Act; (31) “prescribed authority” means the authority notified as such by the Government under this Act; (32) “proceedings” means a revenue matter triable by a Gram Panchayat; 1. Clause (27-A) ins. vide Act No. 10 of 2008 effective w.e.f. 13.6.2008. 2 Subs. for the words “by the Gram Panchayat” vide Act No. 1 of 2015 w.e.f. 20.9.2014. 17 (33) “public place” means a space not being private property which is open to use or enjoyment of the public whether such space is vested in a Panchayat or not; (34) “public street” means any road, street, bridge, lane, square, court, alley or passage which the public has a right to pass along and includes on either side, the drains or gutters and the land up to defined boundary of any abutting property, notwithstanding any projection over such land of any varandah or other superstructure; (35) “public servant” means a public servant as defined in section 21 of the Indian Penal Code, 1860(45 of 1860); (36) “schedule” means a schedule appended to this Act; (37) “scheduled areas” means the areas specified and declared as scheduled areas in the State of Himachal Pradesh under para- graph 6 of the Fifth Schedule to the Constitution of India for the purposes of clause(1) of Article 244 of the Constitution; (38) “Scheduled Castes” shall have the same meaning as assigned to it in clause (24) of article 366 of the Constitution of India; (39) “Scheduled Tribes” shall have the same meaning as assigned to it in clause (25) of article 366 of the Constitution of India; (40) “section” means the section of this Act; (41) “Secretary” means a person, by whatever name called, appointed under section 133 and sub-section (1) of section 134 to discharge the functions of the Secretary of the Gram Panchayat, the Panchayat Samiti and the Zila Parishad concerned; (42) “Sub-Divisional Officer” means the officer-in-charge of a Sub-Division of a District constituted for revenue and general purposes and where a Sub-Division does not exist such other officer as may be declared by the Government as Sub-Divisional Officer, for the purposes of this Act; (43) “suit” means a civil suit triable by a Gram Panchayat; (44) “tax” includes a cess, duty, fee, rate or toll, leviable under this Act; (45) “tenant”, “rent”, and “rates and cesses” shall have the same meanings as are assigned to them in section 4 of the Himachal Pradesh Land Revenue Act, 1954( 6 of 1954); (46) “village” means any local area, recorded as a revenue estate in the revenue records of the district in which it is situated or any other local area which the Government may, by general or special order, declare to be a village; 18 1 [(46-A) “ward” means a single member territorial constituency in a Panchayat area as determined under section 124 of the Act;] (47) “water-courses” means a Kuhal or channel which is used for irrigation or providing drinking water and the management whereof has been partly or wholly entrusted to a Panchayat; and (48) “Zila Parishad” means a Zila Parishad constituted under section 89 of this Act. CHAPTER-II GRAM SABHA 3. Declaration of Sabha area.- (1) The Government may, by notification, declare any village or group of contiguous villages with a population of not less than one thousand and not more than five thousand to constitute one or more Sabha areas for the purposes of this act and also specify its headquarter: Provided that in a Scheduled area the Government may by order declare any village or group of contiguous villages with a population of less than one thousand to constitute a Sabha area: Provided further that the Government may, after having due regard of the geographical location, lack of means of transport and communication and administrative convenience, declare an area comprising a village or group of contiguous villages having a population either less than one thousand or more than five thousand to constitute a Sabha area. (2) The Government may, at the request of the Gram Sabha concerned or otherwise, and after previous publication of a proposal by a notification, at any time,- (a) increase any Sabha area by including within such Sabha area any village or group of villages; or (b) diminish any Sabha area by excluding from such Sabha area any village or group of villages; or (c) alter the headquarter of any Sabha area; or (d) alter the name of any Sabha area; or (e) declare that any area shall cease to be a Sabha area: 2 [***********] 3 [(2-A) When on account of the reason that the Sabha area is, during the term of the Gram Panchayat, increased or diminished or ceased under sub- 1. Clause (46-A) added vide Act No. 4 of 2001 w.e.f. 15.11.2000. 2. Proviso omitted vide H.P. Act No. 10 of 1997 w.e.f. 16.1.1997. 3 . Sub-section (2-A) added vide Act No. 10 of 1997 and further subs. vide Act No. 10 of 2002. 19 section (2), the increase or diminution or cessation of the Sabha area shall not affect the term of the office bearers of Gram Panchayat, till the expiration of the duration of the Gram Panchayat specified in sub-section (1) of section 120 or its dissolution under section 140 of this Act.] (3) If the whole of the Sabha area is included in a municipality, the Sabha area shall cease to exist and its assets and liabilities shall in the manner prescribed be disposed of.] 1 [3-A. Diminution of the Sabha area not to affect the term of certain office bearers.- Notwithstanding anything to the contrary contained in this Act, but subject to the provision of sub-section (2-A) of section 3, when on account of reason that the Sabha area or the portion thereof is included in a municipality or a portion of municipality excluded therefrom is included in a Sabha area, during the term of the office of the office bearers of a Panchayat Samiti or Zila Parishad, such increase or diminution of the Sabha area, shall not affect the term of the office bearers of the Panchayat Samiti or Zila Parishad, till the expiration of its duration specified in sub-section (1) of section 120 of this Act or its dissolution under section 140 of this Act.] 4. Establishment of Gram Sabha.- (1) The Government may, by order, establish a Gram Sabha by name in every Sabha area. (2) For every Gram Sabha established under sub-section (1), there shall be a list of voters which shall be prepared in accordance with the provisions of this Act and the rules made thereunder. (3) Every person who is qualified to be registered in the Legislative Assembly roll relatable to the Sabha area or whose name is entered therein and is ordinarily resident within the Gram Sabha area shall be entitled to be registered in the list of voters of that Sabha area: Provided that no person shall be entitled to be registered in the list of voters for more than one Sabha area: 2 [Provided further that no person shall be entitled to be registered in the list of voters of a Sabha area if he is already registered as a voter in a Municipality.] Explanation-I.- The expression “ordinarily resident” shall have the meaning assigned to it in section 20 of the Representation of the People Act, 1950 (43 of 1950) subject to the modification that reference to “Constituency” therein will be construed as a reference to “Sabha area”. Explanation-II.- A person shall be disqualified for registration in the list of voters of Sabha area if he is disqualified for registration in the Legislative Assembly roll. 1 . Section 3-A added vide H.P. Act No. 10 of 1997 , w.e.f. 16.1.1997. 2. Second Proviso added vide Act No. 15 of 2010. 20 5. Meeting and quorum of Sabha.- (1) Every Sabha shall hold 1 [four general meetings in each year and every meeting shall held 2 [ in the months of January, April, July and October.] It shall be the responsibility of the Pradhan to convene such meetings: 3 [ Provided that the general meetings of Gram Sabha shall be held in such a manner that all the Gram Panchayats are covered in a District in each of such months. The District Panchayat Officer concerned shall notify Gram Panchayat-wise dates for the Gram Sabha meetings within the District:] Provided that the Pradhan may, at any time or upon a requisition in writing of not less than one-fifth of the members of the Gram Sabha or if required by the Panchayat Samiti, Zila Parishad or the Deputy Commissioner, shall, within 30 days from the receipt of such requisition, call an extraordinary general meeting: Provided further that where a Pradhan fails to convene the meetings under this sub-section, the prescribed authority shall convene such meetings within a period of thirty days. (2) The time and place of all the meetings of the Gram Sabha shall be published in the prescribed manner. (3) For any general meeting of the Gram Sabha, 4 [representation of at least one-third of the total number of families represented by one or more members of the Gram Sabha] shall form a quorum and decision will be taken by a majority of members present and voting: Provided that for a meeting adjourned for want of quorum, 5 [representation of at least one-fifth of the total number of families represented by one or more members of the Gram Sabha] shall be required for holding the adjourned meeting. (4) The meeting of the Gram Sabha shall be presided over by Pradhan or in absence of Pradhan by Up-Pradhan. In the event of both Pradhan and Up-Pradhan being absent, the meeting of Gram Sabha shall be presided over by a member of the Gram Sabha to be elected for the purpose by the majority of members present in the meeting. 6 [5-A. Agenda.- (1) Every member of the Gram Panchayat shall, in respect of his ward, prepare agenda items in consultation with the Sabha 1. Subs. for the words “two general meetings in each year, one in the summer and the other in the winter” vide Act No. 4 of 2001 w.e.f. 15.11.2000. 2. Subs. for the words and signs “on the first Sunday of January, April, July and on second October” vide Act No. 15 of 2015. 3. Existing first proviso deleted vide Act No. 4 of 2001 w.e.f. 15.11.2000 and again new proviso ins. vide Act No. 15 of 2015.. 4. Subs. for the words “one-fifth of the total number of its members” vide Act No. 4 of 2001 w.e.f. 15.11.2000. 5. Subs. for the words “at least one-tenth of the total number of its members” vide Act No. 4 of 2001 w.e.f. 15.11.2000. 6. Section 5-A ins. vide Act No. 17 of 2005 w.e.f. 30.5.2005. 21 members of such ward and shall submit the same to the Pradhan and the Secretary at least thirty days prior to the date of meeting of the Gram Sabha. (2) Any department, other agency or organization shall submit its items, if any, to the Pradhan and the Secretary at least thirty days prior to the date of meeting of the Gram Sabha. (3) The Secretary shall compile the agenda items received under sub- sections (1) and (2) and shall circulate the same, in the manner as may be prescribed, along with the notice of meeting.] 1 [5-B. Constitution of Mahila Gram Sabha.- (1) There shall be a Mahila Gram Sabha in every Gram Sabha. The Mahila Gram Sabha shall hold two meetings, first on 8 th March and second on first Sunday of September in each year which shall be convened by the Mahila Pradhan or in her absence by the Mahila Up-Pradhan and in the absence of both, by the senior Mahila Member of the Gram Panchayat. (2) The meeting of Mahila Gram Sabha shall be presided over by the Mahila Pradhan or in her absence by the Mahila Up-Pradhan and in the absence of both, by the senior Mahila Member of the Gram Panchayat. In the meeting, the issues relating to women and children and issues pertaining to overall development of Gram Panchayat shall be discussed and decision taken in the meeting shall be placed in the meeting of the Gram Sabha for further appropriate action.] 6. Defect or omission in enrolment of members not to vitiate act or proceedings of the Gram Sabha.- No defect or omission in the enrolment of a member shall vitiate any act or proceeding of a Gram Sabha, if not less than two-thirds of the members at the time, the act is done, or the proceedings are taken, were duly qualified members thereof. 7. Functions of Gram Sabha.- (1) the Gram Sabha shall perform the following functions, namely:- (a) mobilise voluntary labour and contribution in kind and cash for the Community Welfare Programmes; (b) identification of beneficiaries for the implementation of developmental schemes pertaining to the village; (c) rendering assistance in the implementation of developmental schemes pertaining to the village; 2 [(c-a) approve plans, programmes and budget, prepared by the Gram Panchayat, for economic development and social justice; (c-b) authorise, after being satisfied, issuance of utilization certificate of funds spent on the implementation of the plans, projects and programmes of the Gram Panchayat;] 1 New section 5-B ins. vide Act No. 15 of 2015. 2. Clauses (c-a) and (c-b) ins. vide Act No. 17 of 2005 w.e.f. 30.5.2005. 22 (d) promotion of unity and harmony among all sections of society in the Sabha area; (e) seek clarifications from the Pradhan, Up-Pradhan and members of the Gram Panchayat about any particular activity, scheme, income and expenditure; and (f) such other maters as may be prescribed. (2) The Gram Sabha shall consider the following matters, and make recommendations and suggestions to the Gram Panchayat, namely:- (a) the annual statement of accounts of the Gram Panchayat, the report of the administration of the preceding financial year and the last audit note and replies, if any, made thereto; (b) the report in respect of development programmes of the Gram Panchayat relating to the preceding year and development programmes proposed to be undertaken during the current year; (c) the promotion of unity and harmony among all sections of society in the village; (d) the programme of adult education within the village; (e) any other matter which the Panchayat Samiti, Zila Parishad, the Deputy Commissioner or any other officer authorised in this behalf may require to be placed before the Gram Sabha; and (f) such other matters as may be prescribed. (3) The Gram Panchayat shall give due consideration to the recommendations and suggestions of the Gram Sabha. (4) The Gram Sabha may also form one or more vigilance committee(s) consisting of not less than five persons, who are not members of the Gram Panchayat, to supervise the Gram Panchayat works, schemes and other activities and to put up reports concerning them in its meeting and shall also send a copy of the said report to such an authority as may be prescribed for this purpose: 1 [Provided that no person shall be chosen as member of the vigilance committee who is a near relative of the office-bearer of Gram Panchayat: 2 [Provided that a person shall be disqualified for being chosen as, and for being a member of the vigilance committee if he has incurred any of the disqualification mentioned in sub-section (1) of section 122, except the disqualification mentioned under clause (g).] 3 [(5) The village level functionaries of the Agriculture, Animal Husbandry, Primary Education, Forest, Health and Family Welfare, Horticulture, Irrigation and Public health, Revenue and Welfare Departments 1 Proviso to Sub-section(4) added vide Act No. 15 of 2015. 2 Proviso to Sub-section(4) added vide Act No. 15 of 2010. 3 Sub-section (5) ins. vide Act No. 17 of 2005 w.e.f. 30.5.2005. 23 shall attend the meetings of the Gram Sabha in whose jurisdiction they are posted, and if such village level functionaries fail to attend the meetings, the Gram Sabha shall report the matter to their controlling officer through the Gram Panchayat, who shall take disciplinary action against such functionaries within one month from the date of receipt of the report and shall intimate the action taken on such report to the Gram Sabha through the Gram Panchayat.] 1 [7-A. Constitution of the Up-Gram Sabha.- (1) There shall be a Up-Gram Sabha for each ward of a Gram Sabha. (2) All members of the Gram Sabha residing within the area of the ward shall be members of the Up-Gram Sabha. (3) Every Up-Gram Sabha shall hold two general meetings in each year, and it shall be the responsibility of the member of the Gram Panchayat representing the ward to convene such meetings. The meeting of the Up-Gram Sabha shall be presided over by the member of the Gram Panchayat representing the ward, who shall also record the proceedings. (4) The time and place of the meetings of the Up-Gram Sabha shall be fixed and notified by the member of the Gram Panchayat representing the ward. (5) The Up-Gram Sabha shall nominate its members to represent it in the general meeting of the Gram Sabha and these members shall be nominated in a manner so that 2 [50%] of the total families residing in the area of the ward get nominated provided that 3 [ one-half] of the nominations shall be of women: Provided that this nomination shall not debar any member of Up- Gram Sabha from attending the general meetings of the Gram Sabha. (6) The Up-Gram Sabha may deliberate on issues relating to its area and make recommendations to the Gram Panchayat or Gram Sabha.] CHAPTER-III GRAM PANCHAYATS 8. Constitution of Gram Panchayats.- (1) There shall be a Gram Panchayat for a Gram Sabha and every Gram Sabha shall, in the prescribed manner, elect from amongst its members a 4 [Pradhan and Up-Pradhan] of the Sabha who shall also be called the 5 [Pradhan and Up-Pradhan] of the Gram Panchayat and shall also elect from amongst its members an Executive 1 Section 7-A inserted vide Act No. 4 of 2001 w.e.f. 15.11.2000. 2. Subs. for the figures and signs “15%” vide Act No. 15 of 2010. 3. Subs. for the words “one third” vide ibid. 4. The words “and an Up-Pradhan” deleted vide Act No. 17 of 2005 w.e.f. 30.5.2005 and again subs. for the word “Pradhan” vide Act No. 10 of 2008 effective w.e.f. 13.6.2008. 5. The words “and an Up-Pradhan” deleted vide Act No. 17 of 2005 w.e.f. 30.5.2005 and again subs. for the word “Pradhan” vide Act No. 10 of 2008 effective w.e.f. 13.6.2008 .. 24 Committee called the Gram Panchayat consisting of such number of persons not being less than seven and more than fifteen, including 1 [Pradhan and Up- Pradhan], as the Government may by notification determine: 2 [Provided that the number of members excluding 3 [Pradhan and Up- Pradhan] to be assigned to each Gram Sabha, shall be determined on the following scale:- (a) with a population not exceeding 1750 .. five (b) with a population exceeding 1750 but not exceeding 2750 .. seven (c) with a population exceeding 2750 but not exceeding 3750 .. nine (d) with a population exceeding 3750 but not exceeding 4750 .. eleven (e) with a population exceeding 4750 ..thirteen:] Provided further that the number of members of a Gram Panchayat, excluding 4 [Pradhan and Up-Pradhan], shall be determined in such a manner that the ratio between the population of the Gram Sabha and the number of seats of members in such a Panchayat to be filled by election shall, so far as practicable, be the same throughout the Sabha area: 5 [Provided further that the member of the Panchayat Samiti, representing a part or whole of the Gram Sabha area shall also be the member of the concerned Gram Panchayat(s) and shall have the right to vote.] 6 [XXXXXXXXXXXXXXXXXXXXXXXX.] (2) Seats shall be reserved in a Gram Panchayat-- (a) for the Scheduled Castes, and (b) for the Scheduled Tribes, and the number of seats so reserved shall bear, as nearly as may be, same proportion to the total number of seats in the Gram Panchayat as the population of the Scheduled Castes or the Scheduled Tribes in the Sabha area bears to the total population of the Sabha area: 7 [Provided that where there is no eligible candidate belonging to the Scheduled Castes or Scheduled Tribes to be elected as member of the Gram 1. The words “and an Up-Pradhan” deleted vide Act No. 17 of 2005 w.e.f. 30.5.2005 and again subs. for the word “Pradhan” vide Act No. 10 of 2008 effective w.e.f. .. 2. Proviso subs. vide Act No. 17 of 2005 w.e.f. 30.5.2005 . 3. Subs. for the word “Pradhan” vide Act No. 10 of 2008 effective w.e.f. 13.6.2008 . 4.The words “and an Up-Pradhan” deleted vide Act No. 17 of 2005 w.e.f. 30.5.2005. and again subs. for the word “Pradhan” vide Act No. 10 of 2008 effective w.e.f. 13.6.2008. 5. Third Proviso added vide Act No. 22 of 2001. 6. Fourth Proviso ins. vide Act No. 17 of 2005 w.e.f. 30.5.2005 and deleted. vide Act No. 10 of 2008 effective w.e.f. 13.6.2008. 7 Subs. for First, second and third proviso to sub-section (2) vide Act No. 15 of 2015. 25 Panchayat, no seat shall be reserved for Scheduled Castes or Scheduled Tribes.] 1 [(3) 2 [One-half] of the total number of seats reserved under sub- section (2) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (3-A) 3 [One- half] (including the number of seats reserved for women women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Gram Panchayat shall be reserved for women.] (4) The State Government may, by general or special order, reserve such number of seats for persons belonging to Backward Classes in a Gram Panchayat, not exceeding the proportion to the total number of seats to be filled by direct election in the Gram Panchayat as the population of the persons belonging to Backward Classes in that Gram Sabha area bears to the total population of that area and may further reserve 4 [one-half] of the total seats reserved under this sub-section for women belonging to Backward Classes. (5) The seats reserved under sub-sections (2), 5 [(3), (3-A)] and (4) shall be allotted by rotation to different constituencies in the Sabha area in such manner as may be prescribed. (6) If for any reason the election to any Gram Panchayat does not result in the election of required number of persons as specified in sub-section (1), the Deputy Commissioner, shall within one month from the date on which the names of the elected persons are published by him under section 126 arrange another election to make up the deficiency. 9. Meetings of Gram Panchayat.- (1) The meeting of the Gram Panchayat shall be public and shall be held at least once a month at the office of the Gram Panchayat and at such time as the Pradhan may fix: Provided that the Pradhan, when required in writing by a majority of the members to call a meeting, shall do so within three days, failing which the said members shall, with the previous approval of the prescribed authority, be entitled to call a meeting after giving a notice of one week to the Pradhan and the other members. (2) Subject to the provisions of this Act and the rules framed thereunder one-half of the 1 [office bearers] of the Gram Panchayat shall form a quorum. 1. Subs. for sub-section (3) vide Act No. 18 of 2000. 2. Subs. for the words “Not less than one-third” vide Act No. 10 of 2008 effective w.e.f. 13.6.2008. 3. Subs. for the words “Not less than one-third” vide Act No. 10 of 2008 effective w.e.f. 13.6.2008. 4. Subs. for the words “not less than on-third” vide Act No. 10 of 2008 effective w.e.f. 13.6.2008.. 5. Subs. for the the bracket and figure “(3)” vide Act No. 18 of 2000. 26 (3) The decisions of the Gram Panchayat shall be by majority and when the voting is equal, the Pradhan, in his absence, the Up-Pradhan, shall have an additional or casting vote. 10. Maintenance of Gram Panchayat records etc.- The Secretary of the Gram Panchayat, under the overall supervision of the Pradhan and in his absence under the supervision of the Up-Pradhan, shall be responsible for the custody and maintenance of all prescribed records and registers and other property belonging to or vested in the Gram Sabha or the Gram Panchayat. 11. Functions of Gram Panchayat.- 2 [(1) The Gram Panchayat shall perform the functions specified in Schedule-I.] (2) Notwithstanding anything contained in this Act the State Government may, by general or special order, entrust to the Gram Panchayat preparation of plans and implementation of schemes for economic development and social justice 3 [including those matters specified in Schedule-II and the Gram Panchayat shall perform such functions.] (3) The State Government may, by general or special order, add to any of the functions of the Gram Panchayat or withdraw the functions and duties entrusted to such a Gram Panchayat, when the State Government under takes the execution of any of the functions entrusted to the Gram Panchayat, the Gram Panchayat shall not be responsible for such functions so long as the State Government does not re-entrust such functions to the Gram panchayat. (4) The Government may, by notification and subject to such conditions as may be specified therein ,- (a) transfer to any Gram Panchayat the management and maintenance of a forest situated in the Gram Sabha area ; (b) make over the Gram Panchayat the management of waste lands, pasture lands or vacant lands belonging to the Government situated within the Gram Sabha area ; (c) transfer to the Gram Panchayat the protection of any irrigation work and its execution and the regulation/distribution of water from any such work ; (d) transfer to the Gram Panchayat any public property situated within the jurisdiction of the Gram Sabha ; (e) entrust the gram Panchayat with the collection of land revenue on behalf of the Government and the maintenance of such records as are connected therewith; and (f) entrust such other functions as may be prescribed: Provided that when any transfer of the management and maintenance of a forest is made under clause (a) or the transfer of any irrigation work is 1. Subs. for the words “members” vide Act No. 17 of 2005 w.e.f. 30.5.2005. 2 . Existing Sub-section (1) subs. vide Act No. 22 of 2001. 3. Subs. for the words “specified in Schedule-II” vide Act No. 22 of 2001. 27 made under clause (c), the Government shall direct that any amount required for such management and maintenance or an adequate portion of the income from such forest or irrigation work be placed at the disposal of the Gram Panchayat. (5) A Gram Panchayat shall have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted, assigned or delegated to it and, in particular, and without prejudice to the foregoing powers, to exercise all powers specified under this Act. 1 [(11-A). Registration of cattle and maintenance of record therefor.- (1) Head of every family shall be responsible to give or cause to be given, either orally or in writing, the details of cattle owned by his family to the concerned Pradhan or the Panchayat Secretary of the Gram Panchayat, within a period of one month from the commencement of the Himachal Pradesh Panchayati Raj (Amendment) Act, 2006, and thereafter every time as and when any change in the number of cattle takes place by any reasons. (2) On receipt of the details of cattle under sub-section (1), the Gram Panchayat shall register cattle and shall maintain records thereof in such form as may be notified by the State Government: Provided that the Gram Panchayat may charge registration fee at such rate as may be fixed by the Gram Panchayat. (3) It shall be the duty of the Gram Panchayat to assist the officials or persons engaged by the Animal Husbandry Department for applying appropriate identification mark on each cattle and to maintain the record of identification. (4) It shall be the duty of every Gram Panchayat to assist the officials or representatives of the Animal Husbandry Department in identifying the stray cattle within its jurisdiction. (5) If any cattle with identification mark is found stray, the owner of the cattle shall be identified by the Gram Panchayat from the record maintained by it and such owner shall be liable to a fine of 2 [five hundred] rupees for the first offence and 3 [seven hundred] rupees in the event of second or subsequent offence, which shall be imposed by the Gram Panchayat. (6) If the Gram Panchayat fails in identifying such stray cattle due to tampering with identification mark or mutilation thereof, it shall report the matter to the In-charge of the nearest Animal Husbandry Dispensary who shall lodge the stray cattle to the nearest Gosadan or Goshala.] 12. Power of removal of encroachments and nuisance.- (1) A Gram Panchayat, on receiving a report or other information 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- 1 Section (11-A) inserted vide Act No. 20 of 2006. 2 Subs. for the words “three hundred” vide Act No. 15 of 2015. 3 Subs. for the words “five hundred” vide Act No. 15 of 2015 28 (a) The owner or the occupier of any building or land- (i) to remove any encroachment on a public street, place or drain; (ii) to close, remove, alter, repair, cleanse, disinfect or put in good order any latrine, urinal, water closet, drain, cesspool or other receptacle for filth, sullage-water, rubbish or refuse or to remove or alter any door or trap or construct any drain for any such latrine, urinal or water closet which opens on to a street, drain or to shut off such latrine, urinal, water closet by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighborhood; (iii) to cleanse, repair, cover, fill up, drain off, deepen or to remove water from a private well, tank, reservoir, pool, pit, ditch, depression or excavation therein which may appear to the Gram Panchayat to be injurious to health or offensive to the neighborhood; (iv) to remove any dirt, dung, night soil, manure or any noxious or offensive matter therefrom and to cleanse the land or building; (b) the owner of any wall or building which is deemed by the Gram Panchayat to be in any way dangerous, to remove or repair such wall or building; (c) the owner or occupier of any building or property to keep his building or property in a sanitary state; (d) the owner of any dog or other animal suffering or reasonably suspected to be suffering from rabbis or which is dangerous, to destroy or confine or cause to be destroyed or confined such dog or animal; (e) the owner or occupier of any agricultural land to destroy harmful weeds from such land; (f) the owner or occupier concerned to reclaim an unhealthy place; (g) the owner or occupier of any building or land to maintain in proper repair the level and surface of any road or street passing in front of the building or through his land; and (h) the owner or person-in-charge of a private water channel to keep it in a state of reasonable repair; or, if he objects so to do, to appear before it, at a time and place to be fixed by the order and to move to have the order set aside or modified in the manner hereinafter provided. If he does not perform such act or appear and show cause, the order shall be made absolute. If he appears and shows cause against the order, the Gram Panchayat shall take evidence and if it is satisfied that 29 order is not reasonable and proper, no further proceedings shall be taken in the case. If it is not so satisfied, the order shall be confirmed or modified as it deems fit. (2) if such act is not performed within the time fixed, the Gram Panchayat may cause it to be performed and may recover the costs of performing it from such person in the prescribed manner. (3) Any person aggrieved by an order under sub-section (1) may file an appeal within thirty days of the passing of such order before the Sub- Divisional Officer who after holding such enquiry as he may deem fit, may set aside, modify or confirm the said order and his decision thereon shall be final. 13. Power to make general orders.- A Gram Panchayat may by general order to be published in the manner prescribed, - (a) prohibit the use of water of a well, pond or other excavation suspected to be dangerous to the public health; (b) regulate or prohibit the watering of cattle or bathing or washing at or near wells, ponds or other excavations reserved for drinking water; (c) regulate or prohibit the steeping of hemp or any other plant in or near ponds or other excavations within two hundred and twenty metres of the residential area of a village; (d) regulate or prohibit the dyeing or tanning of skins within four hundred and forty meters of the residential area of a village; (e) regulate or prohibit the excavation of earth or stone or other materials, within two hundred and twenty meters of the residential area of a village: Provided that nothing shall be done under this clause to prevent excavations meant to be filled by the foundation of buildings or other structures; (f) regulate or prohibit the establishment of brick kilns and charcoal kilns within eight hundred and eighty meters and pottery kilns within two hundred and twenty metres of the residential area of a village; (g) direct that the carcasses of all animals dying within the village, except animals slaughtered for consumption shall not be disposed of within a radius of four hundred and forty metres of the residential area of the village; (h) regulate the construction of new buildings or the extension or alterations of any existing building or the abadi; (i) regulate with the previous permission of the Government, the parking of public vehicles; 30 (j) regulate such matters as may be necessary for the general protection of standing trees and trees on common land and the planting of such trees; (k) regulate the observance of sanitation and taking curative and preventive measures to remove and prevent the spread of epidemics; (l) regulate the maintenance of water courses meant for irrigation purposes; (m) regulate the killing of stray dogs; (n) regulate the slaughter of animals; (o) prohibit beggary; (p) direct the taking of measures for the prevention of water-logging; (q) regulate the flaying and disposal of dead animals; (r) prohibit the sale of harmful eatables within the Sabha area; and (s) regulate offensive and dangerous trades or practices; 1 [(t) protect public property such as sign boards, mile-stones on public roads, paths, irrigation and water supply schemes, public taps, public wells, hand pumps, community centres, mahila mandal bhawans, school buildings, Health/Veterinary/Ayurvedic Institution buildings.] 14. Control on erection of buildings.- (1) The Gram Panchayat, after preparing a model plan for the village which has been approved by the Gram Sabha and the prescribed authority by written order, may- (a) direct that before erecting, re-erecting or adding to a building, wall or a platform every person shall present an application to the Gram Panchayat and that no building, wall or platform shall be erected, re-erected or added to in conflict with the model plan or in advance of an alignment to be specified on land demarcated by the Gram Panchayat; and (b) specify the space which shall intervene between any new or enlarged building and the building next adjacent or any road in the village. (2) The Gram Panchayat shall have the power to modify, return for modification or reject the proposed plan for erection, re-erection or addition to a building, wall, or platform. (3) Where any building, wall or platform has been erected, re-erected or added to in contravention of any order passed under sub-section (1), the Pradhan may report to the Sub-Divisional Officer and the said Officer may make an order- 1 Clause (t) added vide Act No. 4 of 2001 w.e.f. 15.11.2000.. 31 (i) directing that the work done or so much of the same as has been executed in contravention of the order passed under sub-section (1) shall be demolished by the owner of the building, wall or platform or that it shall be altered by him to the satisfaction of the Gram Panchayat within such time as may be fixed by him; or (ii) directing that the work done or so much of the same as has been executed in contravention of the order passed under sub-section (1) shall be demolished or altered by the Gram Panchayat at the expense of the owner within such time as may be fixed by him: Provided that the Sub-Divisional Officer shall not make any such order without giving the owner full opportunity of adducing evidence and of being heard. (4) If any person to whom a direction to demolish or alter any building, wall or platform, is given under clause (i) of sub-section (3) fails to obey the same, he shall be liable to fine which may extend to twenty-five rupees and when the failure is a continuing one, to further fine which may extend in the case of a masonry building, wall or platform, to five rupees each day on which the failure continues; provided that the recurring penalty shall not exceed the sum of five hundred rupees. 1 [15. Penalty for disobedience of a special or general order of the Panchayat.- Any person who disobeys an order of the Gram Panchayat made under sections 12 and 13 shall be liable to a penalty which shall be imposed by the Gram Panchayat and may extend 2 [one thousand rupees]; and if the breach is a continuing breach, with further penalty which may extend to ten rupees for every day after the first during which the breach continues: Provided that recurring penalty shall not exceed the sum of 3 [five thousand rupees]. The penalty, if not paid shall be recovered as arrears of land revenue.] 16. Power to enquire and make report about misconduct of certain officials.- (1) On a complaint being made to the Gram Panchayat by any person that a peon, bailiff, constable, head constable, chaukidar, patrol of the Irrigation Department, forest guard, patwari, vaccinator, canal overseer, gram sewak, game watcher or any other class of public servants to which the Government may, by notification, extend the provisions of this section has misconducted himself in his official capacity, the Gram Panchayat may enquire into the matter and submit a report alongwith the prima facie evidence to the superior officer whom it may concern, or to the Deputy Commissioner or the Sub-Divisional Officer, as the case may be, and the said officer shall, after such further inquiry as may be required, take suitable action under intimation to the Gram Panchayat and the Director. 1. Section 15 subs. vide Act No.18 of 2000. 2 Subs. for the words “two hundred and fifty rupees” vide Act No. 17 of 2005 w.e.f. 30.5.2005. 3 Subs. for the words “one thousand rupees” vide Act No. 17 of 2005 w.e.f. 30.5.2005. 32 (2) On the report being made by any person that a patwari, chaukidar, gram sewak, forest guard or any other class of public servants to which the Government may by notification extend the provisions of this section, has failed to perform any duty imposed upon him by any law or rules, the Gram Panchayat may, by notice fixing a reasonable period, require him to perform the duty and, on his failure to do so, shall report the matter to the superior officer whom it may concern, or to the Deputy Commissioner or the Sub- Divisional Officer, as the case may be, and the said officer shall, after such enquiry as may be required, take suitable action under intimation to the Gram Panchayat and the Director. 17. Power to contract for the collection of taxes and other dues.- A Gram Panchayat may, notwithstanding any law to the contrary, in respect of any area within its jurisdiction, enter into contract with the Government or a local body to collect land revenue or any tax or dues payable to the Government or a local body on being allowed such collection charges as may be prescribed. A Gram Panchayat may also within its jurisdiction, enter into a contract with all or any of the land owners to collect rent on his or their behalf on being allowed by the landowner such collection charges as may be prescribed. 18. Power to introduce prohibition.- (1) A Gram Panchayat may by vote of at least two-third majority of members, direct that intoxicating liquor may not be sold at any licensed shop within the local area of the Gram Panchayat. (2) When a resolution has been passed under sub-section (1), it shall take effect from the first day of April of the year next after such resolution. (3) Notwithstanding anything contained in any Excise Act and the rules made thereunder, such a resolution will be binding upon the Excise and Taxation Commissioner subject to the approval by the Government. 19. Power of entry and inspection.- The Pradhan of the Gram Panchayat, and if authorized in writing in this behalf by the Gram Panchayat, Up-Pradhan or any other member may enter into or upon any building or land, with or without assistance or workmen in order to make an inspection or survey or to execute a work which a Gram Panchayat is authorised to make or execute by this Act or the rules or bye-laws made thereunder: Provided that- (a) no such entry shall be made between sun-set and sun-rise; (b) sufficient notice shall, in very instance, be given even when any premises can otherwise be entered without notice to enable the inmates of an apartment occupied by women to remove themselves to some part of the premises where their privacy shall not be disturbed; and (c) due regard shall always be had to the social and religious usages of the occupants of the premises entered. 33 20. Power to manage fairs and markets.- The Gram Panchayat may start, manage and regulate fairs and markets within the Sabha area in the prescribed manner. 21. Power over waterways etc.- A Gram Panchayat shall have control of all public streets, waterways, other than canals as defined in any other enactment for the time being in force relating to a canal or a minor canal, situated within its jurisdiction, not being a private street or waterway and not being under the control of the Government or any other authority specified by the Government and may do all things necessary for the maintenance and repair thereof, and may- (a) construct new bridges or culverts; (b) divert, discontinue or close any public street, culvert or bridge; (c) widen, open, enlarge or otherwise improve a public street, culvert or bridge with minimum damage to the neighboring fields; (d) deepen or otherwise improve water ways; (e) with the sanction of the prescribed authority undertake small irrigation projects; (f) cut any hedge or branch of any tree projecting on public street; (g) notify the setting a part of any public water course for drinking or culinary purposes, and prohibit bathing, washing of clothes and animals or doing of other acts likely to pollute the course so set apart: Provided that nothing shall be done under clause (g) which may affect a canal governed by any other enactment for the time being in force relating to a canal or a minor canal, without the prior permission of the authority prescribed by the Government in this behalf. 22. Powers regarding naming of streets and numbering of buildings.- (1) A Gram Panchayat may- (a) cause a name to be given to a street by affixing it to or painting it on any building or otherwise in such position or manner as it may think fit; and (b) cause a number to be affixed to or painted on any building in such a position or manner as it may think fit. (2) The Gram Panchayat may require the owner or occupier of any building to paint thereon a number or itself cause such a number to be painted on any building. (3) Any person destroying, pulling down, defacing or altering any name plate of a street or number affixed to or painted on a building under sub- sections (1) and (2) or affixing to or painting on a building a different name or number from that affixed or painted by or under the order of the Gram 34 Panchayat shall, on conviction, be liable to fine which may extend to 1 [one hundred rupees]. The fine shall be recoverable in the prescribed manner. 2 [23. Constitution and functions of Standing Committees.- (1) Every Gram Panchayat shall, from amongst its members, constitute by election, following Standing Committees:- (i) Works Committee; and (ii) Budget Committee. (2) One committee shall be headed by the Pradhan and the other by the Up-Pradhan, as may be decided by the Gram Panchayat by majority vote in its meeting. (3) Each committee shall consist of three members including the Pradhan or the Up-Pradhan, as the case may be. (4) All developmental works of the gram Panchayat shall be executed by the Works Committee, in the manner as may be prescribed, and if considered necessary, the Gram Panchayat may form sub-committees to supervise and monitor performance of such works and to obtain accounts thereof. (5) The Budget Committee shall prepare the annual budget of the Gram Panchayat and shall submit the same to the Secretary for placing it before the Gram Panchayat for consideration and approval. (6) The Gram Panchayat may constitute more Standing Committees for performing such other functions as may be entrusted to them by the Gram Panchayat.] 24. Joint Committee.- Subject to such rules as may be prescribed two or more Gram Sabhas may combine by means of written instrument to appoint a Joint Committee consisting of their representatives for the purpose of transacting any business in which they are jointly interested. 25. Work to be entrusted to Joint Committee or Panchayat Samiti.- (1) If two or more Gram Sabhas are jointly interested in transacting any business, they may delegate to the joint committee, formed in accordance with the provisions of section 24 or to the Panchayat Samiti, power, with such conditions as they may think proper to impose, to frame any scheme binding on each Gram Sabha as to the construction and maintenance of any joint work and as to the power which may be exercised by any such Sabha in relation to such scheme: Provided that the Gram Sabha shall pay the cost of the transaction of the business or the execution of the scheme as to the construction and maintenance of any joint work in such proportion as may be agreed upon in the written instrument. 1 Subs. for the words “ten rupees” vide Act No. 18 of 2000. 2 Section 23 subs. vide Act No. 22 of 2001 and further subs. vide Act No. 17 of 2005 w.e.f. 30.5.2005. 35 (2) If any difference of opinion arises between the Gram Sabha acting under this section it shall be referred to the prescribed authority whose decision shall be final. 26. Maintenance and improvement of Schools, hospitals and dispensaries.- (1) The Gram Panchayat shall render such assistance as may be prescribed in the maintenance, improvement and efficient running of the schools, hospitals and dispensaries in or near its jurisdiction. (2) The Gram Panchayat may contribute funds to any charitable or national cause or any work or scheme for removing distress and ameliorating the conditions of the people in the rural areas as approved by the Government. 27. Establishment of School, hospital or dispensary for group of Panchayats.- Where a group of neighbouring Gram Panchayat areas have no school, hospital or dispensary, the Gram Panchayat thereof shall, if so directed by the Government, combine to help in establishing such a school, hospital or Ayurvedic or Unani dispensary and it shall be managed in the manner prescribed: Provided that the Government shall place such funds, as may be necessary for the purpose, at the disposal of the Gram Panchayats concerned 28. Assistance to the Government servants.- A Gram Panchayat shall, if so prescribed and so far as practicable, assist any Government servant in the performance of his duties within its area. 29. Power to take over management of institutions etc.- Subject to rules made under this Act and the conditions agreed upon in writing, a Gram Panchayat may receive from any person any property vested in him, or the execution or maintenance of any work, or the performance of any duty, within its area: Provided that no work of more than five thousand rupees shall be entrusted to, or undertaken by, a Gram Panchayat except with the previous approval of the Deputy Commissioner. CHAPTER-IV JUDICIAL FUNCTIONS AND POWERS OF GRAM PANCHACYAT 30. Bar for Panches to take part in certain cases.- (1) No Panch shall take part in any case, suit or proceedings to which he or she or his or her near relation, employed or employee, or partner in business is a party or in which any of them is personally interested. (2) If by reason of the number of Panches disqualified under sub- section (1) there remains no quorum the Gram Panchayat shall send the case or the suit to the Judicial Magistrate or the Sub-Judge or the Collector having jurisdiction, as the case may be, for disposal in accordance with law. Explanation.- ‘near relation’ means father, grandfather, father-in-law, maternal or paternal uncle, son, grandson, son-in-law, brother, nephew, 36 brother-in-law, wife, sister , sister’s husband, mother, daughter, niece, mother- in-law, daughter-in-law and husband. 31. Territorial jurisdiction.- (1) Notwithstanding anything contained in the Criminal Procedure Code, 1973( 2 of 1974), every case instituted under this Act shall be instituted before the Pradhan, or in his absence before Up- Pradhan, of the Gram Panchayat of the Sabha area in which the offence was committed. (2) Notwithstanding anything contained in the Civil Procedure Code, 1908( 5 of 1908) , or in the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974), every suit instituted under this Act shall be instituted before the Pradhan, or in his absence before Up-Pradhan, of the Gram Panchayat of the Gram Sabha area in which the defendant, or any of the defendants, where they are more than one, ordinarily resides or carries on business at the time of the institution of the suit irrespective of the place where the cause of action arose. (3) Notwithstanding anything contained in the Himachal Pradesh Land Revenue Act, 1954 (6 of 1954), every proceeding specified under section 48 shall be transferred by the revenue court concerned to the Gram Panchayat within the local area in which the land concerned is situated and the Gram Panchayat shall decide such proceedings in the manner prescribed: Provided that where land is included in the local area of more than one Gram Panchayats, the revenue court concerned shall transfer the proceedings to the Gram Panchayat within the area of which the greater part of the land is situated. 32. Offences cognizable by Gram Panchayat.- (1) Offences mentioned in Schedule-III or declared by the State Government to be cognizable by a Gram Panchayat, if committed within the jurisdiction of a Gram Panchayat, and abetment of and attempts to commit such offences shall be cognizable by such Gram Panchayat. (2) Application for maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974), shall be heard and decided by the Gram Panchayat. A Gram Panchayat may grant a maintenance allowance not exceeding five hundred rupees per month on such application without prejudice to any other law for the time being in force in this behalf. 33. Penalties.- A Gram Panchayat may impose a fine not exceeding one hundred rupees but shall not inflict a sentence of imprisonment either substantive or in default of payment of fine. 34. No cognizance by Courts.- No Court shall take cognizance of any case suit or proceeding which is cognizable under this Act by a Gram Panchayat established for the area to which the case, suit or proceeding relates, unless an order has been passed under section 67. 35. Transfer of criminal proceedings to the Gram Panchayat in certain cases.- If, at any stage of the proceedings in a criminal case pending before a Magistrate, it appears that the case is triable by a Gram Panchayat, he 37 shall at once transfer the case to that Gram Panchayat which shall try the case de-novo. 36. Summary disposal of complaint.- A Gram Panchayat may dismiss any complaint, if after examining the complainant and taking such evidence as he produces, it is satisfied that the complaint is frivolous, vexatious or untrue. 37. Return of complaints.- If, at any time, it appears to a Gram Panchayat,- (a) that it has no jurisdiction to try any case before it; or (b) that the offence is one for which it cannot award adequate punishment; or (c) that the case is of such a nature or complexity that it should be tried by a regular court, it shall return the complaint to the complainant directing him to file it before the Magistrate having jurisdiction to try such case. 38. Certain persons not to be tried by the Gram Panchayat.- No Gram Panchayat shall take cognizance of any offence where the accused-- (a) has been previously convicted of an offence punishable with imprisonment of either description for a term of three years or more; or (b) has been previously fined under section 379 of the Indian Penal Code (45 of 1860) by any Gram Panchayat or has been previously convicted and sentenced under the said section by a Court; or (c) has been bound over to be of good behaviour under section 109 or 110 of the Code of Criminal Procedure, 1973( 2 of 1974); or (d) has been previously convicted of gambling; or (e) is Government servant and act complained of is the one done in his official capacity. 39. Compensation to the accused.- If a Gram Panchayat is satisfied after enquiry that a case brought before it was false, frivolous or vexatious, it may order the complainant to pay to the accused such compensation not exceeding two hundred rupees, as it thinks fit. 40. Enquiry in cases forwarded by a Magistrate.- A Magistrate may direct an inquiry to be made under section 202 of the Code of Criminal Procedure, 1973 (2 of 1974), by a Gram Panchayat in any case in which the offence was committed within the territorial jurisdiction of such Gram Panchayat and the Gram Panchayat shall inquire into the case and submit its report to the said Magistrate. 41. Extent of jurisdiction.- (1) The jurisdiction of a Gram Panchayat shall extend to any suit of the following description if its value does not exceed two thousand rupees:- 38 (a) a suit for money due on contract other than a contract in respect of immovable property; (b) a suit for the recovery of movable property or for the value there of; (c) a suit for compensation for wrongfully taking or damaging a moveable property; (d) a suit for damages caused by cattle trespass; and (e) a suit under clauses (f) and (i) of sub-section (3) of section 58 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974). (2) Notwithstanding anything contained in sub-section (1), the State Government or the prescribed authority may, by notification in the Official Gazette, extend the pecuniary jurisdiction of Gram Panchayat to five thousand rupees in respect of any or all the suits of the description mentioned in sub- section (1). 42. Extension of jurisdiction by agreement of parties.- Parties to a suit may, by a written agreement, refer any suit of the nature mentioned in section 59 to a Gram Panchayat for decision by it and the Gram Panchayat shall, subject to the rules prescribed, determine and dispose of such suit under this Act. 43. Application for transfer of cases from one Gram Panchayat to another Gram Panchayat.- (1) Notwithstanding anything to the contrary contained in this chapter, if in any criminal case or civil suit or revenue proceeding before a Gram Panchayat any party intimates, at any stage before the pronouncement of the final order or decree, that it intends to put up an application under this section to the Judicial Magistrate or the Sub-Judge or the Collector, as the case may be, for transfer of the case, suit or proceeding, the Gram Panchayat shall direct the applicant to make such application within a reasonable time to be fixed by the Gram Panchayat, which shall not be less than fifteen days and adjourn the case, suit or proceeding for such period as will afford sufficient time for the application to be put up and an order to be obtained thereon: Provided that nothing herein contained shall require the gram Panchayat to adjourn the case, suit or proceeding upon a second or subsequent intimation form the same party. (2) The Judicial Magistrate or the Sub-Judge or the Collector, as the case may be, may upon such application, for reasons to be recorded in writing, transfer the case, suit or proceeding to another Gram Panchayat within his jurisdiction which shall try or hear the case, suit or proceeding, as the case may be. 44. Exclusion of Gram Panchayat jurisdiction.- A Gram Panchayat shall have no jurisdiction to take cognizance of any of the following suits:- (a) a suit for a balance of partnership account; 39 (b) a suit for a share or part of a share under intestacy or for a legacy or part of legacy under a will; (c) a suit by or against the State or a public servant for acts done in his official capacity; and (d) a suit by or against a minor, or a person of unsound mind. 45. Suit to include the whole claim.- (1) Every suit instituted before a Gram Panchayat shall include the whole of the claim which the plaintiff is entitled to make in respect of the matter in dispute, but he may relinquish any portion of his claim in order to being it within the jurisdiction of the Gram Panchayat. (2) If a plaintiff omits to sue in respect of or relinquishes any portion of the claim, he shall not afterwards sue in respect of the portion so omitted or relinquished. 46. Limitation.- Every suit instituted before a Gram Panchayat after the period of limitation prescribed therefor in Schedule-IV shall be dismissed, even though limitation has not been set up as a defence: Provided that in computing the period of limitation prescribed for any suit the time during which the plaintiff has prosecuted with due diligence the suit against the defendant in any court shall be excluded where such suit is founded upon the same cause of action and was prosecuted in good faith in a court which from defect of jurisdiction or any cause of like nature was unable to entertain it. 47. Effect of decision by Gram Panchayat.- The decision of the Gram Panchayat on the question of title, legal character, contract or obligation shall not bind the parties except in respect of the suit in which such matter is decided. 48. Proceeding under section 46 of the Himachal Pradesh Land Revenue Act.- (1) The revenue court concerned shall transfer to the Gram Panchayat, if any, having jurisdiction, all applications under section 46 of the Himachal Pradesh Land Revenue Act, 1953( 6 of 1954) if the relief required is the restoration of possession to the lawful occupant who is found to have been wrongfully dispossessed of landed property within a period of three months previous to the date of filing the application in the office of the revenue court concerned: Provided that the revenue court concerned may for sufficient reasons to be recorded, forward any such application to the Sub-Divisional Officer who shall decide whether the application should or should not be transferred to the Gram Panchayat. (2) A revenue officer may, in a proceeding under section 46 of the said Act, call for a report from the Gram Panchayat on a question of fact. 49. Procedure in revenue proceedings.- In proceedings under the Himachal Pradesh Land Revenue Act, 1953( 6 of 1954) the Gram Panchayat shall follow the prescribed procedure. 40 50. Resjudicata.- No Gram Panchayat shall try any suit, proceedings or issue in respect of any matter which is pending for decision, or has been heard or decided by a court of competent jurisdiction in a former suit between the same parties or between the parties under whom they or any of them claim. 51. Double jeopardy.- Where a case is pending in any court against an accused person in respect of any offence or where an accused person has been tried for any offence, no Gram Panchayat shall take cognizance of any such offence, or on the same facts, of any other offence, of which the accused might have been charged or convicted. 52. Concurrent jurisdiction.- Where a case, suit or proceeding is maintainable in more than one Gram Panchayats the plaintiff or the complainant or the applicant, as the case may be, may bring the case, suit or proceeding in any one of such Gram Panchayats. Any dispute regarding jurisdiction shall be decided by the judicial Magistrate, Sub-Judge or the Collector having jurisdiction, as the case may be. 53. Institution of suits and cases.- (1) Any person may institute a case, a suit or a proceeding before a Gram Panchayat by an oral or written application to the Pradhan, or in his absence to the Up-Pradhan, of the Gram Panchayat and shall at the same time pay the prescribed fee. The Himachal Pradesh Court Fees Act, 1968 (8 of 1968) shall not apply to Gram Panchayat except as may be prescribed. (2) In every suit the plaintiff shall state its value. 54. Recording of substance of the complaints and application and appointment of benches.- (1) Where a case, suit or a proceeding is instituted orally, the Pradhan or the Up-Pradhan receiving the complaint or application shall record without delay the prescribed particulars and take the signature or thumb impression of the complainant or applicant thereon. (2) On recording the substance of the complaint or application in the register under sub-section (1) the Pradhan or in his absence the Up-Pradhan, as the case may be, shall, or on a reference by a revenue court concerned, appoint a bench of the Gram Panchayat consisting of three Panches and refer the said complaint or application to that bench for disposal and shall also fix a date for the first hearing of the complaint or application before the said bench and give notice of the said date to the complainant or the applicant and to the Panches thereof: Provided that no Panch, who is a member of the Gram Sabha in the ward for election to the Gram Panchayat in which ward the place of occurrence of the case lies, or in which ward the cause of action for the suit arose, as the case may be, shall be included on the bench. (3) On the date fixed for the first hearing of case, suit or proceedings the bench formed under sub-section (2), shall, unless the Pradhan or Up- Pradhan is a member of it, choose one of the Panches to be the Chairman of 41 that bench to conduct the proceedings and shall take up and hear case, suit or proceedings, as the case may be, in the prescribed manner. (4) For the purposes of judicial functions, a Gram Panchayat shall include a bench thereof. 55. Absence of parties in cases and suits.- (1) If the complainant or the plaintiff or the applicant fails to appear after having been informed of the time and place fixed for hearing, the Gram Panchayat may dismiss the case, suit or proceedings or pass such order as it may deem fit. (2) The Gram Panchayat may hear and decide the suit or proceeding in the absence of the defendant or opposite party, if the summons have been served upon him or if he has been informed of the time and place fixed for hearing. 56. Gram Panchayat not to revise or alter its decision.- (1) Except as provided in sub-section (2) or to correct a clerical error, a Gram Panchayat shall have no power to cancel, revise or alter any decree or order passed by it. (2) On an application made within one month of the date of the decree or order or knowledge thereof in case personal service of summons has not been affected, a Gram Panchayat, may for sufficient reasons to be recorded, restore any suit or proceedings which has been dismissed in default or set aside a decree or order which has been passed ex-parte. 57. No legal practitioner to appear.- No legal practitioner shall appear, plead or act, on behalf of any party in any suit, case or proceeding before a Gram Panchayat. 58. Appearance in person or by representative.- Subject to the provisions of section 57 any party to a suit, case or proceeding may appear before a Gram Panchayat either in person or by such servant (not being a tout or a petition writer), partner or relation authorized by him and permitted by Gram Panchayat to represent him. 59. Compromise.- (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, a Gram Panchayat may decide any civil or revenue dispute arising in its local area and not pending in any court in accordance with any settlement or promise or oath agreed upon by the parties and like-wise decide a case if compoundable. (2) For the removal of doubts, it is hereby declared that a Gram Panchayat shall exercise the power vested in it under sub-section (1) in respect of such cases, suits or proceedings with reference to which it has power to decide. 60. Procedure and power to ascertain truth.- (1) The Gram Panchayat shall receive such evidence in a case, suit or proceeding, as the parties may adduce and may call for such further evidence as, in their opinion, may be necessary for the determination of the points in issue. (2) The Gram Panchayat may make local investigation in the village to which the dispute relates. 42 (3) It would be the duty of the Gram Panchayat to ascertain the facts of every case, suit or proceeding before it by every lawful means, in its power and thereafter to make such decree, or order, with or without costs as it may deem just and legal. (4) The Gram Panchayat shall follow the procedure prescribed by or under this Act. The Code of Civil Procedure, 1908 ( 5 of 1908), the Indian Evidence Act, 1872 ( 1 of 1872), the Code of Criminal Procedure, 1973 (2 of 1974) and the Limitation Act, 1963 (36 of 1963), shall not apply to any suit, case or proceedings before a Gram Panchayat except as provided in this Act or as may be prescribed. 61. Majority to prevail.- In the event of any disagreement between the Panches, while deciding a criminal case, suit or proceeding, the opinion of the majority shall prevail. 62. Dismissal of suits etc.- A Gram Panchayat may dismiss any suit or proceeding if after examining the plaintiff or the applicant it is satisfied that the suit or proceeding is frivolous, vexatious or untrue. 63. Summons to defendant or accused.- A Gram Panchayat, after an application is made under section 53, shall, unless it has been dismissed or otherwise disposed of under the provisions of this Act, cause summons in the prescribed form to be served in the prescribed manner on the defendant or the accused person or an opposite party requiring him to attend and produce his evidence at such time and place as may be stated in the summon and shall at the same time direct the plaintiff or complainant or the applicant to attend and produce his evidence at such time and place. 64. Failure of the accused to appear.- (1) If the accused fails to appear or cannot be found, the Gram Panchayat shall report the fact to the nearest Magistrate. (2) The Magistrate shall, on the receipt of a report under sub-section (1), issue a warrant for the arrest of the accused and shall direct by an endorsement on the warrant that if such person executes a bond with sufficient sureties for his attendance before himself in the manner provided by section 7 of the Code of Criminal Procedure, 1973, he shall be released from custody. (3) When the accused appears before the Magistrate he shall direct him to execute a bond with or without sureties to appear before the Gram Panchayat, Pradhan or Up-Pradhan or any Panch on such date as he may direct and thereafter to continue to appear before the Gram Panchayat as directed by such person or the Gram Panchayat. (4) On his failure to execute such bond the Magistrate shall order that the accused be produced in custody before the person mentioned in sub- section (3) or the Gram Panchayat on such date not more than fifteen days later as he may direct. (5) If the accused fails to appear before the Gram Panchayat after executing a bond under sub-section (3), the Gram Panchayat shall report the fact to the Magistrate before whom the bond was executed, and such 43 Magistrate before whom the bond was executed, and such Magistrate shall proceed in accordance with the provisions of Chapter XXXIII of the Code of Criminal Procedure, 1973 (2 of 1974). 65. Issue of summons to witnesses.- A Gram Panchayat may if it considers the evidence of, or the production of a document by, any person necessary in a suit, case or proceeding issue and cause to be served in the prescribed manner, summons on such person to compel his attendance or to produce or cause the production of suc