Himachal pradesh act 010 of 1997 : Himachal Pradesh Panchayati Raj (Amendment) Act, 1997

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Panchayati Raj (Amendment) Act, 1997.

(2) It shall and shall be deemed to have come into force on the 16th day of January, 1997.

Section 2. Amendment of section 3

2. Amendment of section 3.- In section 3 of the Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994) (hereinafter called the principal Act).-

(a) in sub-section (2), existing proviso shall be omitted; and

(b) after sub-section (2), so amended, the following sub-section (2-A) shall be added, namely:-

"(2-A) When on account of the reason that the Sabha area is, during the term of the Gram Panchayat, increased or diminished under clause (a) or (b) of sub-section, (2) the increase or diminution of the Sabha area shall not affect the term of the office bearers of the Gram Panchayat, till the expiration of the duration of the Gram Panchayat specified in sub-section (1) of section 120 of this Act or its dissolution under section 140 of this Act:

Provided that where the whole of the Sabha area ceases to be a Sabha area, all the members (including Pradhan and Up-pradhan) shall cease to be the members and they shall vacate their offices from the date of the order made under sub-section (2) of this section."

Section 3. Addition of section 3-A

3. Addition of section 3-A.- After section 3 of the principal Act, the following section 3-A shall be added, namely:-

"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 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."

Section 4. Amendment of section 77

4. Amendment of section 77.- In section 77 of the principal Act, sub-section (2) shall be omitted.

Section 5. Amendment of section 88

5. Amendment of section 88.- In section 88 of the principal Act, sub-section (2) shall be omitted.

Section 6. Substitution of section 124

6. Substitution of section 124.- For section 124 of the principal Act, the following section shall be substituted, namely:-

"124. Territorial Constituencies.- For the convenience of the election and also after every increase or decrease of the Panchayat area, the Deputy Commissioner shall, in accordance with such rules as may be prescribed in this behalf by the State Government-

(a) divide the Panchayat area into as many single member territorial constituencies as the number of members are required to be elected;

(b) determine the extent of each territorial constituency; and

(c) determine the territorial constituency or constituencies in which seats are reserved under this Act."

Section 7. Amendment of section 167

7. Amendment of section 167.- In sub-section (1) of section 167 of the principal Act, after the words "by the authorised officer", the words "as expeditiously as possible and ordinarily", shall be added.

Section 8. Repeal of Ordinance No. 3 of 1997 and savings

8. Repeal of Ordinance No. 3 of 1997 and savings.- (1) The Himachal Pradesh Panchayati Raj (Amendment) Ordinance, 1997 (3 of 1997) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the repealed Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act, as if the provisions of this Act were in force at the time when such thing was done or such action was taken.