Himachal Pradesh Panchayati Raj (Amendment) Act, 2000*
| [Himachal Pradesh Act No. 18 of 2000]1 | [3rd June, 2000] |
An Act farther to amend the Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994).
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Fifty-first Year of the Republic of India, as follows:-
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 & 951.
* Received the assent of the Governor on 3rd June, 2000 and was published in Hindi and English in R.H.P. Extra, dated 8.6.2000, p. 1613-1646
1. Short title.- This Act may be called the Himachal Pradesh Panchayati Raj (Amendment) Act, 2000.
2. Amendment of section 2.- In section 2 of the Himachal Pradesh Panchayati Raj Act, 1994 (hereinafter referred to as the ‘principal Act’), after clause (8), the following shall be added, namely:-
"(8-A) "Commissioner" means the Commissioner (Revenue) to the Government of Himachal Pradesh."
3. Amendment of section 8.- In section 8 of the principal Act,-
(a) for sub-section (3), the following shall be substituted, namely:-
"(3) Not less than one-third of the total number of seals 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) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seals to be filled by direct election in every Gram Panchayat shall be reserved for women."; and
(b) in sub-section (5), for the bracket and figure "(3)", the brackets, sign, figures and letter "(3), (3-A)" shall be substituted.
4. Substitution of section 15.- For section 15 of the principal Act, the following shall be substituted, namely:-
"15. Penalty for disobedience of a special or general order of the Panchayat.- Any person who disobeys an order of the Gram Pune hay at made under sections 12 and 13 shall be liable to a penalty which shall be imposed by the Gram Panchayat and may extend to two hundred and filly 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 one thousand rupees. The penalty, if no: paid, shall be recovered as arrears of land revenue".
5. Amendment of section 22.- In section 22 of the principal Act, in sub-section (3), for the words "ten rupees", the words "one hundred rupees" shall be substituted.
6. Amendment of section 78.- In section 78 of the principal Act,-
(a) for sub-section (5), the following shall be substituted, namely:-
"(5) Not less than one-third or the total number of seats reserved under sub-section (4) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(5-A) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat Samiti shall be reserved for women."; and
(b) in sub-section (7), for the bracket and figure "(5)", the brackets, sign, figures and letter "(5), (5-A)" shall be substituted.
7. Amendment of section 79.- In section 79 of the principal Act, after sub-section (2), the following proviso shall be added, namely:-
"Provided that if the office of the Chairman or Vice-Chairman, as the case may be, is vacated or falls ??? during the tenure on account of death, resignation or ??? motion, a fresh election within a period of two months from the date of occurrence of vacancy shall be held from the same category, in the prescribed manner."
8. Amendment of section 80.- In section 80 of the principal Act, after sub-section (5), the following provisos shall be added, namely:-
"Provided that additional agenda may be included for the adjourned meeting if the same is notified on the day of adjournment of the meeting or at least one week before the date fixed for the adjourned meeting:
Provided further that when a special meeting is adjourned for want of quorum, fresh adjourned special meeting shall be convened by giving fifteen days notice to the members within one month from the date of adjournment of special meetings."
9. Amendment of section 84.- In section 84 of the principal Act, after sub-section (2), the following proviso shall be added, namely:-
"Provided that the term of such Standing Committee shall be two and a half years.’
10. Amendment of section 89.- In section 89 of the principal Act,-
(a) for sub-section (5), the following shall be substituted, namely:-
"(5) Not less than one-third of the total number of scats reserved under sub-section (4) shall be reserved for women belonging to the Scheduled Caslcs or, as the case may be, the Scheduled Tribes.
(5-A) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of scats to be filled by direct election in every Zila Parishad shall be reserved for women."; and
(b) In sub-section (7), for the bracket and figure "(5)", the brackets, sign, figures and letter "(5), (5-A)" shall be substituted.
11. Amendment of section 90.- In section 90 of the principal Act, after sub-section (2), the following proviso shall be added, namely:-
"Provided that if the office of the Chairman or Vice-Chairman, as the case may be, is vacated or falls vacant during the tenure on account of death, resignation or no-confidence motion, a fresh election within a period of two months from the date of occurrence of vacancy shall be held from the same category, in the prescribed manner.".
12. Amendment of section 91.- In section 91 of the principal Act, after sub-section (5), the following provisos shall be added, namely:-
"Provided that additional agenda may be included for the adjourned meeting if the same is notified on the day of adjournment of the meeting or at least one week before the date fixed for the adjourned meeting:
Provided further that when a special meeting is adjourned for want of quorum, fresh adjourned special meeting shall be convened by giving fifteen days notice to the members within one month from the date of adjournment of special meeting.".
13. Amendment of section 92.- In section 92 of the principal Act in sub-section (1), after clause (vi), the following shall be added, namely:-
"(vii) distribute grants received from the Government for development works and to monitor the implementation of such works.".
14. Amendment of section 93.- In section 93 of the principal Act, in sub-section (4), the words "or any other authority appointed by it" shall be deleted.
15. Amendment of section 95.- In section 95 of the principal Act, after sub-section (2), the following proviso shall be added, namely:-
"Provided that the term of each Standing Committee shall be two and a half years.".
16. Amendment of section 101.- In section 101 of the principal Act, for the words "Previous permission of the Deputy Commissioner", the words "prior approval of the Gram Sabha" shall be substituted.
17. Amendment of section 114.- In section 114 of the principal Act, in sub-section (1), for the words "fifty rupees", the words "one hundred rupees" shall be substituted.
18. Insertion of sections 121-A and 121-B.- After section 121 of the principal Act, the following shall be inserted, namely:-
"121-A. Account of election expenses and maximum limit thereof- (1) Every candidate at an election of member of Zila Parishad shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive.
(2) The account shall contain such particulars, as may be prescribed by the State Government in consultation with the State Election Commission.
(3) The total of the said expenditure shall not exceed such amount as may be prescribed by the State Government in consultation with the State Election Commission.
121-B. Lodging of account.- Every contesting candidate at an election of member of Zila Parishad shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates, lodge with the officer, as may be appointed by the State Election Commission, an account of his election expenses which shall be a true copy of the account kept by him or his election agent under section 121-A.".
19. Amendment of section 122.- In section 122 of the principal Act, in sub-section (1),-
(a) after clause (b), the following clause (bb) shall be added, namely:-
"(bb) if he has been found to have been guilty of any corrupt practices under section 80 of this Act: or";
(b) in clause (d), for the words "election offence", the word "electoral offence under Chapter X-A of this Act or" shall be substituted;
(c) at the end of clause (g), the following proviso shall be added, namely:-
"Provided that an office bearer shall not be disqualified for being an office bearer of the Panchayat if he is directly or indirectly engaged in any work being executed by another Panchayat of which he is not the office bearer."; and
(d) after clause (m), the following shall be added, namely:-
"(n) if he has made any false declaration as required under this Act or the rules made thereunder; and
(o) if he has more than two living children:
Provided that the disqualification under clause (o) shall not apply to a person who has more than two living children on the date of commencement of the Himachal Pradesh Panchayati Raj (Amendment) Act, 2000, or, as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year.".
20. Amendment of section 145.- In section 145 of the principal Act,-
(a) for sub-section (3), the following shall be substituted, namely:-
"(3) The order of suspension under sub-section (1) or (2) shall be reported to the Government within a period of 10 days and the enquiry under section 146 shall be completed within six months from the date of suspension and in the event of the non-completion of enquiry within six months, the suspension order shall be deemed to have been revoked."; and
(b) after sub-section (5), the following shall be added, namely:-
"(6) The State Government may, on consideration of the enquiry report or if it thinks proper, for reasons to be recorded in writing or otherwise, revoke the suspension order and instead of removing an office bearer, warn him to be vigilant in the discharge of his duties or may also debar him from taking part in any act or proceedings of the Panchayat for the period of six months.".
21. Insertion of Chapter X-A.- After Chapter X of the principal Act, the following Chapter X-A shall be inserted, namely:-
"CHAPTER X-A
ELECTORAL OFFENCES
158-A. Promoting enmity between classes in connection with the election.- Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
158-B. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll.- (1) No person shall,-
(a) convene, hold, attend, join or address any public meeting or procession in connection with an election; or
(b) display to the public any election matter by means of cinematograph, television or other similar apparatus; or
(c) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto; in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of poll for any election in that polling area.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
(3) In this section, the expression "election matter" means any matter intended or calculated to influence or affect the result of an election.
158.-C. Disturbances at election meetings.- (1) Any person who at a public meeting to which this section applies acts or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
(2) An offence punishable under sub-section (1) shall be cognizable.
(3) This section applies to any public meeting of a political character held in any constituency between the date of the issue of a notification under this Act calling upon the constituency to elect a member or members and the date on which election is held.
(4) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, of requested so to do by the Chairman of the meeting, require that person to declare to him immediately his name and address and if that person refuses or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.
158-D. Restrictions on the printing of pamphlets, posters, etc.- (1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet or poster-
(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and
(b) unless within reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document.-
(i) where it is printed in the capital of the State, to the State Election Commissioner; and
(ii) in any other case, to the Deputy Commissioner of the district in which it is printed.
(3) For the purposes of this section,-
(a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printed and the expression "printer" shall be construed accordingly; and
(b) "election pamphlet or poster" means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.
(4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
158-E. Maintenance of secrecy of voting.- (1) Every officer, clerk, agent or other person who performs, any duty in connection with the recording or counting of votes at an election shall maintain, and did in maintaining, the secrecy of the voting and shall not (except for some purpose authorized by or under any law) communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
158-F. Officers etc., at elections not to act for candidates or to influence voting.- (1) No person who is a district election officer or a returning officer, or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election to any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavor-
(a) to persuade any person to give his vote at an election; or
(b) to dissuade any person from giving his vote at an election; or
(c) to influence the voting of any person at an election in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment which may extend to six months or with fine, or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
158-G. Prohibition of canvassing in or near polling stations.- (1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred meters of the polling station, namely:-
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official notice) relating to the election.
(2) Any person who contravenes the provision of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.
(3) An offence punishable under this section shall be cognizable.
158-H. Penalty for disorderly conduct in or near polling stations.- (1) No person shall, on the date or dates on which a poll is taken at any polling station-
(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighborhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighborhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.
(2) Any person who contravenes, or wilfully aids or abets the contravention of, the provisions of sub-section (1) shall be punishable with imprisonment which may extend to three months, or with fine, or with both.
(3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.
(4) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention.
158-I. Penalty for misconduct at the polling station.- (1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of lie presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorized in this behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station reenters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with line, or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
158-J. Penalty for failure to observe procedure for voting.- If any elector to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting, the ballot paper issued to him shall be liable for cancellation.
158-K. Penalty for illegal hiring or procuring of conveyance at elections.- If any person is guilty of any such corrupt practice as is specified in clause (6) of section 180 of this Act, at or in connection with an election he shall be punishable with imprisonment which may extend to three months, or with fine.
158-L. Breaches of official duty in connection with elections.- (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty he shall be punishable with fine which may extend to five hundred rupees.
(2) An offence punishable under sub-section (1) shall be cognizable.
(3) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(4) The persons to whom this section applies are the district election officers, returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures or the recording or counting of votes at an election; and the expression "official duty" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.
158-M. Penalty for Government Servants for acting as election agent, palling agent or counting agent.- If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
158-N. Prohibition of going armed to or near a polling station.- (1) No person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighborhood of a polling station.
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
(3) Notwithstanding anything contained in the Arms Act, 1959 (54 of 1959), where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have been revoked under section 17 of that Act.
(4) An offence punishable under sub-section (2) shall be cogruzable.
158-O. Removal of ballot papers from polling station to be an offence.- (1) Any person who at any election unauthorizedly takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:
Provided that when it is necessary to cause a women to be searched, the search shall be made by another woman with strict regard 10 decency.
(3) Any ballot paper found upon the person arrested on search shall be handed over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.
(4) An offence punishable under sub-section (1) shall be cognizable.
158-P. Offence of booth capturing- Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years, and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years, and with fine.
Explanation.- For the purposes of this section "booth capturing" includes among other things, all or any of the following activities, namely:-
(a) seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections;
(b) taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from free exercise of their right to vote;
(c) coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote;
(d) seizure of a place for counting of votes by any person or persons, milking the counting authorities surrender the ballot papers or voting machines and the doing of anything which, affects the orderly counting of votes; and
(e) doing by any person in the service of Government of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.
158-Q. Grant of paid holiday to employees on the day of poll.- (1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at election to the Panchayat bodies shall, on the day of poll, be granted a holiday.
(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day.
(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to five hundred rupees.
(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.
158-R. Liquor not to be sold, given or distributed on Foiling day.- (1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, catering house, tavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
(2) Any person who contravenes the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
(3) Where a person is convicted of an offence under this section, the spirituous, fermented or intoxicating liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed off in such manner as may be prescribed.
158-S. Other offences and penalties therefor.- (1) A person shall be guilty of an electoral offence if at any election he-
(a) fraudulently defaces or fraudulently destroys any nomination paper, or
(b) fraudulently defaces or fraudulently destroys or removes any list, notice or other document affixed by or under the authority of returning officer; or
(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelope used in connection with voting by postal ballot; or
(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in, or
(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for purposes of the election; or
(g) fraudulently or without due authority as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.
(2) Any person guilty of an electoral offence under this section shall-
(a) if he is a returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both; and
(b) if he is any other person, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under Hits Act.
(4) An offence punishable under sub-section (2) shall be cognizable.".
22. Insertion of sections 160-A, 160-B, 160-C, 160-D and 160-E.- After section 160 of the principal Act, the following new sections 160-A. 160-B, 160-C, 160-D and 160-E shall be inserted, namely:-
"160-A. Requisitioning of premises, vehicles, etc., for election purposes.- (1) If it appears to the State Government that in connection with an election to the Panchayat bodies,-
(a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken; or
(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling Station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election; the State Government may by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning:
Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the State Government to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.
(4) In this section-
(a) "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof: and
(b) "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.
160-B. Payment of compensation.- (1) Whenever in pursuance of section 160-A the State Government requisitions any premises, there shall be paid to the persons interested compensation, the amount of which shall be determined by taking into consideration the following, namely:-
(i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;
(ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change:
Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the State Government for referring the matter to an arbitrator, the amount of compensation, to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine:
Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the State Government to an arbitrator appointed in this behalf by the State Government for determination, and shall be determined in accordance with the decision of such arbitrator.
Explanation.- In this sub-section, the expression. "person interested" means the person who was in actual possession of the premises requisitioned under section 160-A immediately before the requisition, or where no person was in such actual possession, the owner of such premises.
(2) Whenever in pursuance of section 160-A the State Government requisitions any vehicle, vessel or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by the State Government on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal:
Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine:
Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire-purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the State Government in this behalf may decide.
160-C. Release of premises from requisition.- (1) When any premises requisitioned under section 160-A are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the State Government to be the owner of such premises, and such delivery of possession shall be a full discharge of the State Government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(2) Where the person to wham the possession of any premises requisitioned under section 160-A is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any oilier person empowered to accept delivery on his behalf, the State Government shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette.
(3) When a notice referred to in sub-section (2) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled 10 possession thereof, and the State Government shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.
160-D. Delegation of functions of the State Government with regard to requisitioning.- The State Government may, by notification in the Official Gazette, direct that any powers conferred or any duty imposed on it by any of the provisions of sections 160-A to 160-C shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.
160-E. Deputation of staff and punishment on breach of official duty.- (1) The State Government shall depute staff from Government or Semi-Government Organizations or the State Government for the conduct of all elections to the Panchayat bodies, and the officers or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of all elections shall be deemed to be on deputation with the State Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the State Election Commission.
(2) If any person deputed on election duty under sub-section (1), disobeys any orders issued by an officer appointed to conduct the election under this Act regarding the performance of an election duty or deliberately abstains himself from duty or contravenes any provisions of this Act and the rules made thereunder, he shall be punishable with fine which may extend to five hundred rupees.".
23. Insertion of section 163-A.- After section 163 of the principal Act, the following shall be inserted, namely:-
"163-A. Parties to the petition.- A petitioner shall join as respondent to his petition-
(a) where the petitioner, in addition to claiming declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and
(b) any other candidate against whom allegations of any corrupt practice are made in the petition.
24. Deletion of section 179.- Section 179 of the principal Act alongwith its heading shall be deleted.
25. Amendment of section 180.- In section 180 of the principal Act after sub-section (6), the following shall be added, namely:-
"(6-A) The incurring or authorising of expenditure in contravention of section 121-A.".
26. Amendment of section 181.- In section 181 of the principal Act,-
(a) in clause (ii), the word "Divisional" shall be omitted; and
(b) after the words "ninety days", the words "whose decision shall be final" shall be added.
27. Amendment of section 182.- In section 182 of the principal Act, for the words "The validity" the words and sign "Notwithstanding anything contained in this Act, the validity" shall be substituted.
28. Amendment of section 200.- in section 200 of the principal Act, after sub-section (4), the following shall be added, namely:-
"(5) The Deputy Commissioner shall apportion the assets and liabilities of the Panchayat Samitis and the Director shall apportion the assets and liabilities of the Zila Parishad, in the event of their bifurcation or reorganization, as the case may be.
(6) The assets and liabilities shall be apportioned in accordance with the guidelines issued by the State Government from time to time for this purpose.".