Himachal Pradesh Panchayati Raj (Second Amendment) Act, 2000*
| [Himachal Pradesh Act No. 4 of 2001]1 | [15th February, 2001] |
An Act further to amend the Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994)
Be it enacted by the Legislative Assembly of the 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 26.12.200, P. 4732 & 4737.
* Received the assent of the Governor on the 15th February, 2001 and was published in Hindi and English in R.H.P. Extra., dated 20.2.2001, P. 5677-5683
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Panchayati Raj (Second Amendment) Act, 2000.
(2) It shall and shall be deemed to have come into force on the 15th day of November, 2000.
2. Amendment of section 2.- In section 2 of the Himachal Pradesh Panchayati Raj Act, 1994 (hereinafter referred to as the ‘principal Act’),-
(a) after clause (13), the following shall be added, namely:-
"(13-A) "family" means a joint family of all persons descended from common ancestor including adoption, who live, worship and mess together permanently as shown in the parivar register of the Gram Panchayat:", and
(b) after clause (46), the following shall be added, namely:-
"(46-A) "ward" means a single member territorial constituency in a Panchayat area as determined under section 124 of the Act:".
3. Amendment of section 5.- In section 5 of the principal Act,-
(a) in sub-section (1),-
(i) for the words and sign "two general meetings in each year, one in the summer and the other in the winter", the words "four general meetings in each year and every meeting shall be held on the first Sunday of January, April, July and October" shall be substituted;
(ii) first proviso shall be deleted; and
(b) in sub-section (3),-
(i) for the words "one-fifth of the total number of its members", the words "representation of at least one third of the total number of families represented by one or more members of the Gram Sabha" shall be substituted; and
(ii) in proviso, for the words "at least one-tenth of the total number of its members", the words "representation of at least one-fifth of the total number of families represented by one or more member of the Gram Sabha" shall be substituted.
4. Insertion of section 7-A.- After section 7 of the principal Act, the following shall be inserted, namely:-
"7-A. Constitution of the Up-Gram Sabha.- (1) there shall be a Up-Grsm Sabha for each ward of a Gram Sabha.
(2) All members of the Gram Sabha residing within the area of the ward shall be members of the Up-Gram Sabha.
(3) Every Up-Gram Sabha shall hold two general meetings in each year, and it shall be the responsibility of the member of the Gram Panchayat representing the ward to convene such meetings. The meeting of the Up-Gram Sabha shall be presided over by the member of the Gram Panchayat representing the ward, who shall also record the proceedings.
(4) The time and place of the meetings of the Up-Gram Sabha shall be fixed and notified by the member of the Gram Panchayat representing the ward.
(5) The Up-Gram Sabha shall nominate its members to represent it in the general meeting of the Gram Sabha and these member shall be nominated in a manner so that 15% of the total families residing in the area of the ward get nominated provided that one-third of the nominations shall be of women:
Provided that this nomination shall not debar any member of Up-Gram Sabha from attending the general meetings of the Gram Sabha.
(6) The Up-Gram Sabha may deliberate on issues relating to its area and make recommendations to the Gram Panchayat or Gram Sabha.
5. Amendment of section 13.- In section 13 of the principal Act, after clause(s), the following shall be added, namely:-
"(t) protect public property such as sign boards, mile-stones on public roads, paths, irrigation and water supply schemes, public taps,. public wells, hand pumps, community centres, mahila mandal bhawans, School buildings, Health/Veterinaiy/Ayurvedic Institution buildings.".
6. Amendment of section 110.- In section 110 of the principal Act, the following provisos shall be added, namely:-
"Provided that if loan is to be raised for creation of income generating assets and the project is assessed by the lending institution as economically/financially viable, previous sanction of the State Government shall not be essential for taking a loan. It shall, however, be mandatory to inform the Government about the details of the project which will include the particulars of the project:
Provided further that the Gram Panchayat shall be required to obtain prior approval of the Gram Sabha for raising a loan.".
7. Amendment of section 131.- In section 131 of the principal Act, after sub-section (5), the following shall be added, namely:-
"(6) In the event of occurrence of casual vacancies in a panchayat to the extent that the number of the remaining elected office bearers do not fulfil the quorum required for convening a meeting of the Panchayat then the State Government or the prescribed authority may nominate persons to fill the casual vacancies occurred in a Panchayat till new members are elected in accordance with the provisions of this Act and the rules made thereunder:
Provided that the State Government will nominate only that person to fill a particular casual vacancy who is eligible to be elected as an office bearer of a Panchayat and to hold office of that particular Panchayat in accordance with the provisions of this Act.".
8. Amendment of section 138.- in section 138 of the principal Act, in sub-section (2), the word "confirm" shall be omitted.
9. Substitution of section 184.- For section 184 of the principal Act, the following shall be substituted, namely:-
"184. Preparation of Development Flans.- (1) Every Panchayat shall prepare every year a development plan to perform functions specified in Schedule-I and Schedule-II and such other functions as may be specified by the State Government, in so far as the Panchayat funds allow to perform such functions within its respective area.
(2) Every Panchayat shall prepare every year a development plan of schcmes for economic development and social justice for their respective area and submit it to the District Planning Committee constituted under this Act.".
10. Amendment of section 185.- In section 185 of the principal Act,-
(a) in sub-section (2), the existing clause (a) shall be re-numbercd as clause (aa) and before clause (aa) so renumbered, the following clause (a) shall be inserted, namely:-
(a) A Minister to be chosen by the State Government who shall also be the Chairperson of the District Planning Committee;", and
(b) sub-section (5) shall be omitted.
11. Repeal of Ordinance No. 1 of 2000 and savings.- (1) The Himachal Pradesh Panchayati Raj (Amendment) Ordinance, 2000 (1 of 2000) 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.