Himachal Pradesh Panchayati Raj (Amendment and Validation) Act, 1988*
| [Himachal Pradesh Act No. 4 of 1989]1 | [24th February, 1989] |
Authoritative English text of the Himachal Pradesh Panchayati Raj (Amendment and Validation) Adhiniyam, 1989 (1988 ka Adhiniyam Sankhyank 4) as required under Clause (3) of Article 348 of the Constitution of India
An Act further to amend the Himachal Pradesh Panchayati Raj Act, 1968 (Act No. 19 of 1970) and also to validate payment of honor ??? made to certain functionaries of Panchayati Raj Institutions.
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Thirty-ninth Year of the Republic of India as follows:-
1. Passed in Hindi by the H.P. Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 26-12-1908, P. 2826 and 2832.
* Received the assent of the Governor, Himachal Pradesh, on the 24th February, 1989 and was published in Hindi in R.H.P. Extra., dated 25-2-1989 p. 311-313 and in English in R.H.P. Extra.; dated 25-2-1989, p. 314-316
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Panchayati Raj (Amendment and Validation) Act, 1988.
(2) It shall come into force at once but section 7 shall and shall always be deemed to have come into force on the first tidy of April, 1988.
2. Amendment of section 47.- In section 47 of the Himachal Pradesh Panchayati Raj Act, 1968 (19 of 1970) (hereinafter called the principal Act), in sub-section (1),-
(a) in clause (a) for the word "Baisakh", the word "April" shall be substituted; and
(b) in clause (b) for the word "Chait", the word "March" shall be substituted.
3. Amendment of section 54.- In section 54 of the principal Act,-
(i) after sub-section (2), the following new sub-section (2-A) shall be added, namely:-
"(2-A) The State Government may, on consideration of the enquiry report or if it thinks proper, for reasons to be recorded in writing, otherwise, instead of removing a Panch, warn him to be careful and vigilant in the discharge of his duties and may also debar him from taking part in any act or proceedings of the Gram Panchayat for a period not exceeding one year." and
(ii) in sub-section (4), after brackets and figure "(2)" but before the word "and" the sign comma, brackets, figure and alphabet "(2-A)" shall be inserted.
4. Substitution of section 85.- For section 85 of the principal Act, the following new section 85, along with its heading, shall be substituted, namely:-
"85. Disability to take part in discussion proceedings of a Panchayat Samiti.-The Chairman, Vice-Chairman or a member of a Panchayat Samiti shall not vote on, or take part in, the discussion of any question coming up for consideration at a meeting of a Panchayat Samiti-
(i) if the question is one in which apart from its general application to the public, he has any direct or indirect pecuniary interest; or
(ii) if he is holding said office being a Pradhan or a Panch of a Gram Panchayat and either an order of suspension has been made against him under sub-section (1) of section 54 or an order debarring him from taking part in any act or proceedings of the Gram Panchayat has been made under sub-section (2-A) of section 54 of this Act and the said orders are in force; or
(iii) if he is co-opted out of the office bearers of the co-operative, societies and has either been suspended or has been debarred from taking part in any act or proceedings of the said co-operative society and the suspension or disability to participate continues."
5. Amendment of section 142.- For the sign "." occurring at the end of sub-section (2) of section 142 of the principal Act, the sign "" shall be substituted and thereafter the following proviso shall be added, namely:-
"Provided that the Chairman, Vice-Chairman or a member of a Zila Parishad shall not vote on, or take part in the discussions of any question coming up for consideration at a meeting of the Zila Parishad during the period-
(a) in which an order of suspension or an order debarring him from taking part in any act or proceedings of a Gram Panchayat, passed against him as a Panch under sub-section (1), or as the case may be under sub-section (2-A), of section 54 of this Act, or
(b) in which an order of suspension or an order debarring him from taking part in any act or-proceedings of a Panchayat Samiti as a member or Vice-Chairman or Chairman of a Panchayat Samiti under sub-section (1) or sub-section (2-A) of section 153;
remains in force."
6. Amendment of section 153.- After sub-section (2) of section 153 of the principal Act, the following new sub-section (2-A) shall be added, namely:-
"(2-A) The State Government may, on consideration of the enquiry report or if it thinks proper, for reasons to be recorded in writing, otherwise, instead of removing a member, Vice-Chairman or Chairman of a Panchayat Samiti or member, Vice-Chairman or Chain nan of a Zila Parishad, warn him to be careful and vigilant in the discharge of his duties and may also debar him from taking part in any act or proceedings of the Panchayat Samiti or Zila Parishad, as the case may be, for a period not exceeding one year."
7. Substitution of section 193.- For section 193 of the principal Act the following section shall be substituted, namely:-
"193. The Chairmen and Vice-Chairmen of Panchayat Samiris and Zila Parishads and Fradhans and Up-Pradhans of Gram panchayats may get such honorarium and other allowances as the Government may from time to time fix:
Provided that the honorarium shall be payable to a person only against the highest office he may be holding for the rime being:
Provided further that no honorarium shall be payable for the period for which, in case of a Panchayat Samiti or Zila Parishad the Chairman or Vice-Chairman, or in the case of a Gram Panchayat a Pradhan or Up-Pradhan, remains under suspension, if such suspension results in his being debarred for any length of time from taking part in any act or proceedings of the Grura Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, or in his removal therefrom:
Provided further that no honorarium shall be payable for the period for which the Pradhan or Up-Pradhan of a Gram Panchayat, Chairman or Vice-Chairman of a Panchayat Samiti or Ziia Parishad remains debarred from taking part in any act or proceedings of the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be:
Provided further that if both the offices of Pradhan and Up-Pradhan of a Gram Panchayat become vacant by reason of resignation, death, suspension, removal or recall the remaining Panches of the Gram-Panchayat shall nominate by majority vote one, Panch, from amongst themselves to discharge the duties and perform the functions of the Pradhan the such time, not exceeding six months, a new Pradhan or Up-Pradhan is elected in the manner as provided in section 9 and such nominated Pradhan shall be "paid the honorarium for the period during which he discharges the said duties and performs the said functions."
8. Validation of payment of honorarium.- Where the Vice-Chairman of a Panchayat Samiti and Zila Parishad, Pradhan and Up-Pradhan of a Grant Paitchayatihas been paid an honorarium before the commencement of this Act but after the 1st day or April, 1988 he shall be deemed to have been validly paid the honorarium, as if the provisions of section 193 of the principal Act, as substituted by section 7 of this Act, were in force at all material times when such payments were made.