Himachal Pradesh Panchayati Raj (Amendment) Act, 1984*
| [Himachal Pradesh Act No. 28 of 1984]1 | [25th October, 1984] |
An Act further to amend the Himachal Pradesh Panchayati Raj Act, 1968 (Act No. 19 of 1970)
Be It enacted by the Legislative Assembly of Himachal Pradesh in the Thirty-fifth Year of the Republic of India as follows:-
1. For Statement of Objects and Reasons, see R.H.P. (Extra) dated September, 1984 p. 1605.
* Received the assent of the Governor, Himachal Pradesh on the 25th October, 1984 and was published in R.H.P. Extra., dated the 30th October, 1984 at page 1841-1842
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Panchayati Raj (Amendment) Act, 1984.
(2) It shall come Into force at once.
2. Amendment of section 9.- After clause (c) of sub-section (5) of section 9 of the Himachal Pradesh Panchayati Raj Act, 1968 (Act No. 19 or 1970) (hereinafter called the principal Act), the following new clause (cc) shall be inserted, namely:-
"(cc) has been found to have encroached upon any land belonging to, of taken on lease or requisitioned by, or on behalf of the State Government, Municipal Corporation, Municipal Committee, Notified Area Committee, Gram Panchayat Samiti, a Zila Parishad or a Co-operative society;".
3. Amendment of section 55.- For existing clause (b) of sub-section (2) of section 55 of the principal Act, the following clauses (b) and (c) shall be substituted, namely
"(b) all property vested in the Gram Pancheyat shall, until it is re-constituted, vest in the Government; and
(c) all powers and duties of the Gram Panchayat shaft, until it is re-constituted, be exercised and performed by such person or persons as the Government may appoint in this behalf."
4. Amendment of section 64.- After clause (g) of section 64 of the principal Act, the following new clause (gg) shall be inserted, namely:-
"(gg) has been found to have encroached upon any land belonging to, or taken on lease or requisitioned by, or on behalf of, the State Government, Municipal Corporation, Municipal Committee, Notified Area Committee, Gram Panchayat. Panchayat Samiti, Zila Parishad or a Co-operative Society; or"
5. Insertion or section 152-A.- After section 152 of the principal Act, the following new section 152-A alongwith its heading, shall be inserted, namely:-
"152-A. Encroachers of Government or Public lands not to be members of Panchayat Samiti or Zila Parishad.-(1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, no person, who has encroached upon any land belonging to, or taken on lease or requisitioned by, or on behalf of the State Government, Municipal Corporation, Municipal Committee, Notified Area Committee, Gram Panchayat, Panchayat Samiti, a Zila Parishad, or a Co-operative Society, shall be eligible for becoming or continuing as a member of any Panchayat Samiti or Zila Parishad.
(2) The decision of the State Government on the point as to whether a certain person is an encroacher for the purpose of sub-section (1) shall be conclusive and final and that the said decision shall not be called in question before any court of law."