Himachal Pradesh Panchayati Raj (Second Amendment) Act, 1997*
| [Himachal Pradesh Act No. 1 of 1998]1 | [9th January, 1998] |
An Act further to amend the Himachal Pradesh Panchayati Raj Act, 1994 (Act No. 4 of 1994).
Whereas the provisions of Part IX of the Constitution of India relating to Panchayats are extended subject to such exceptions and modifications to the scheduled areas as referred to in clause (1) of Article 244 of the constitution by the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 enacted by the Parliament as required under sub-clause (b) of clause (4) of Article 243m of the Constitution of India;
And Whereas the provisions of the Himachal Pradesh Panchayati Raj Act, 1994 have to be brought in tune with the provisions of the said Central Act No. 40 of 1996 in their application to such scheduled areas in the State;
Be it enacted by the Himachal Pradesh Legislative Assembly in the Forty-eighth 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 12.12.1997, p. 4722 & 4726.
* Received the assent of the Governor on 9.1.1998 and was published both in Hindi and English in R.H.P. Extra., dated 9.1.1998, p. 59-61 and 62-64 respectively.
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Panchayati Raj (Second Amendment) Act, 1997.
(2) It shall come into force on such date as the Government may, by notification, appoint.
2. Amendment of section 1.- In section 1 of the Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994) (hereinafter referred to as the principal Act),-
(a) in the marginal heading, after the word "extent", the sign and word, "application", shall be inserted; and
(b) after sub-section (2), the following sub-section shall be inserted, namely:-
"(2-A) in their application to the scheduled areas in the State as referred to in clause (1) of Article 244 of the Constitution of India, the remaining provisions of this Act shall apply, subject to the provisions of Chapter VI-A of this Act."
3. Insertion of Chapter VI-A.- After Chapter VI of the principal Act, the following Chapter shall be inserted, namely:-
CHAPTER VI-A
SPECIAL PROVISIONS RELATING TO THE GRAM PANCHAYATS, PANCHAYAT SAMITIS AND ZILA PARISHADS LOCATED IN THE SCHEDULED AREAS
97-A. Application of this Chapter.- (1) The provisions of this Chapter shall apply to the Gram Panchayats, Panchayat Samitis and Zila Pan shads constituted in the scheduled areas in the State.
(2) The provisions of this Chapter shall prevail over anything inconsistent therewith elsewhere in this Act.
97-B. Declaration of village in scheduled areas.- For the purposes of section 3, a village shall ordinarily consist of a habitation or a group of habitations or a hamlets or a group of hamlets thereof comprising a community or communities and managing their affairs in accordance with traditions and customs.
97-C. Functions of Gram Sabha.- (1) Every Grain Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and without detriment to any law for the time being in force, the customary mode of dispute resolution.
(2) Every Gram Sabha shall,-
(i) approve plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the Gram Panchayat, at the village level;
(ii) be responsible for the identification of selection of persons as beneficiaries under poverty alleviation and other programmes.
(3) Every Gram Panchayat shall obtain from the Gram Sabha, a certification of utilisation of funds by that Panchayat for the plans, programmes and projects referred to in sub-section (2).
97-D. Reservation of seats of office bearer in Panchayats.- (1) The reservation of scats in the scheduled areas to every Gram Panchayat and Panchayat Samiti shall be in proportionate to the population of the communities in that Gram Panchayat or the Panchayat Samiti, as the case may be:
Provided that the reservation for the Scheduled Tribes shall not be less than one-half of the total number of seats:
Provided further that all seats of Pradhan of Gram Panchayats and Chairman of Panchayat Samities shall be reserved for the Scheduled Tribes.
97-E. Nomination of persons.- The Government may nominate persons belonging to such Scheduled Tribes who have no representation in Panchayat Samitis or the Zila Parisbads, as the case may be:
Provided that such nomination shall not exceed one-tenth of the total members to be elected in the Panchayat Samiti or Zila Parishad, as the case may be.
97-F. Acquisition of land in the scheduled areas.- The Gram Sabha shall be consulted before making the acquisition of land in the scheduled areas for development of projects and before re-settling or rehabilitating persons evicted by such projects in the scheduled areas; the actual planning and implementation of the projects in the scheduled areas shall be co-ordinated at the State Level.
97-G. Management of minor water bodies in the scheduled areas.- Planning and management of minor water bodies in the scheduled areas shall be entrusted to Gram Panchayats, Panchayat Samitis or the Zila Parishads, as the case may be, in such manner as may be prescribed.
97-H. Minor minerals in the scheduled areas.- (1) The recommendations of the Gram Sabha, made in such manner as may be prescribed, shall be taken into consideration prior to grant of prospecting license or mining lease, for minor minerals in the scheduled areas.
(2) The prior recommendation of the Gram Sabha, made in such maimer as may be prescribed, shall be taken into consideration for grant of concession for the exploitation of minor minerals by auction.
97-I. Powers and functions of Gram Panchayats and Panchayat Samitis.- (1) The Gram Panchayat or as the case may be, the Gram Sabha shall exercise such powers and perform such functions in such manner and to such extent as may be prescribed in respect of the following matters, namely:-
(a) the ownership of minor forest produce;
(b) enforcement of prohibition or regulation or restriction of the sale and consumption of any intoxicant;
(c) management of village markets by whatever name called; and
(d) exercising control over money lending to the Scheduled Tribes.
(2) The Penchayat Smniti shall exercise such powers and perform such functions in such manner and to such extent as may be prescribed, in respect of the following matters, namely:-
(a) exercising control over institutions and functionaries in all social sectors; and
(b) control over local plans and resources for such plans including tribal sub-plans."