Himachal pradesh act 033 of 1978 : Himachal Pradesh Panchayati Raj (Amendment) Act, 1978

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Panchayati Raj (Amendment) Act, 1978.

(2) It shall come into force at once.

Section 2. Amendment of section 3

2. Amendment of section 3.- For existing clause(s) of sub-section (1) of section 3 of the Himachal Pradesh Panchayati Raj Act, 1968 (19 of 1970), (hereinafter called "the principal Act) the following clause (s) shall be substituted, namely:-

"(s) ‘Panch’ means a member of Gram Panchayat elected, appointed or co-opted under this Act and includes a Pradhan or Up-Pradhan;"

Section 3. Amendment of section 9

3. Amendment of section 9.- In clause (g) of sub-section (5) of section 9 of the principal Act, after the word "servant" and before the words "of any local authority" design commas and the words, "other than the persons employed casually or on daily wages," shall be inserted.

Section 4. Amendment of section 9

4. Amendment of section 9.- For the sign full stop occurring at the end of third proviso to sub-section (1) of section 9 of the principal Act, the sign colon shall be substituted and thereafter the folio wing proviso shall be added, namely,-

"Provided further that in case there is,-

(a) no scheduled caste population; or,

(b) no eligible person belonging to a scheduled caste, to be chosen, or co-opted as a Panch of the Gram Panchayat;

neither any seat shall be reserved for scheduled caste nor any person belonging to scheduled caste shall be co-opted as a Panch."

Section 5. Amendment of section 74

5. Amendment of section 74.- In sub-section (2) of section 74 of the principal Act,-

(a) the sign "." shall be substituted for the sign ":" occurring after the words "in the same manner"; and

(b) existing proviso shall be omitted.

Section 6. Repeal and savings

6. Repeal and savings.- The Himachal Pradesh Panchayati Raj (Amendment) Ordinance, 1978 (2 of 1978) is hereby repealed:

Provided that anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act, as if this Act had commenced on the 6th June, 1978.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Panchayati Raj (Amendment) Act, 1978.

(2) It shall come into force at once.

Section 4. Repeal and savings

4. Repeal and savings.- The Himachal Pradesh Panchayati Raj (Amendment) Ordinance, 1978 (1 of 1978) is hereby repealed:

Provided that anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act, as if this Act had commenced on the 20th February, 1978.

Section 3. Amendment of section 5

3. Amendment of section 5.- For existing sub-section (3) of section 5 of the principal Act, the following sub-section (3) shall be substituted, namely:-

"(3)" Every person who has attained the age of eighteen years on the qualifying date and ordinarily resides in a village which forms a part or the Sabha area for a period of one year immediately before the qualifying date and whose name is registered in the register of members, to be prepared and maintained by the Gram Panchayat hi the prescribed manner, shall be a member of that Gram Sabha:

Provided that no person shall be entitled to be registered in the register of members in more than one Gram Sabha:

Provided further that a person who,-

(a) is not a citizen of India; or

(b) is of unsound mind and stands so declared by a competent court; or

(c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections;

shall not be entitled to be registered as a member of the Gram Sabha, The name of any person who becomes so disqualified after registration shall forthwith be struck off from the register of members in which it is included.

Explanation I.-The expression "qualifying date" in relation to the preparation or the revision of every register of members under the Act, or the rules framed thereunder, means the 31st day of December of the preceding year of the year in which the register of members is so prepared or revised.

Explanation II.-(a) A person absenting ‘himself temporarily from’ his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.

(b) A person shall not be deemed to be ordinarily resident in a Sabha area on the ground only that he owns, or is in possession of, a dwelling house therein,

Section 2. Amendment of section 5

2. Amendment of section 5.- For existing sub-section (3) of section 4 of the Himachal Pradesh Panchayati Raj Act, 1968 (19 of 1970) (hereinafter called "the principal Act") the following sub-section (3) shall be substituted, namely:-

"(3) livery person who has attained the age of eighteen years and ordinarily resides in a village which forms part of the Sabha area shall be a member of the Gram Sabha of that Sabha area."