The Haryana Panchayati Raj Act, 1994 ( 11 of 1994)

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EXTRACT FROM HARYANA PANCHAYATI RAJ ACT, 1994

INDEX

ACT No. TITLE
1. Short title, extent and Commencement.
2. Definitions
3. Duration of Gram Panchayat, Panchayat Samiti and Zila Parishad.
4. Oath
5. Resignation
6. Filling of Casual Vacancy
7. Demarcation of Sabha Area.
8. Establishment and Constitution of Gram Panchayat.
9. Reservation of seats in Gram Panchayat.
10. Term of Office.
51. Suspension and removal of a Sarpanch {x x x) or Panch
52. Dissolution of Gram Panchayat.
55. Creation of Block.
56. Constitution of Panchayat Samiti.
57. Composition of Panchayat Samiti.
58. Number of members to be elected to Panchayat Samit.
59. Reservation of Seats.
60. First meeting of Panchayat Samiti and Election of Chairman and Vice-Chairman.
62. Term of office of Chairman and Vice-Chairman.

63. Leave of absence.
64. Suspension of Chairman/Vice Chairman and Member.
68. Quorum.
69. Power of Chairman and Executive Officer to call Special Meetings.
70 Adjourment.
109. Suspension and removal of Members.
110. Powers of Government to dissolve in case of incompetency, persistent default or
abuse of Power.
111. Consequences of dissolution.
117. Constitution of Zila Parishads.
118. Composition of Zila Parishads.
119. Elected Members.
120. Reservation of Seats.
121. First Meeting of Zila Parishad and election of President and Vice President.
123. Term of Office of President and Vice President and Motion of no-confidence
against President and Vice President.
124. Leave of absence.
126. Meetings.
127. Convening of ordinary or special meeting.
128. Quorum.
160. Suspension and removal of President, Vice President and Member.
161. Election of Gram Panchayat, Panchayat Samitis and Zila Parishad.
162. Electoral Division.

163. List of voters for every electoral division (inserted amendment via Leg.36/2018
dated 06-12-2019)
164. Omitted (Omitted via Leg.36/2018 dated 06-12-2019)
165. Omitted (Omitted via Leg.36/2018 dated 06-12-2019)
166. Omitted (Omitted via Leg.36/2018 dated 06-12-2019)
167. Name of person not to be included in the list of voters for more than one
electoral division.
168. Name of person not to be included in the list of voters more than once.
169. Availability of Government Staff.
170. Jurisdiction of Civil Courts barred.
171. Making false declaration.
172. Breach of Official duty in connection with the preparation of list of voters.
173. Persons qualified to vote and be elected.
173A. Application for certain sections of Central Act 43 of 1951 to Haryana Act 11 of
1994.
174. Restriction on simultaneous or double membership.
175. Disqualifications.
176. Determination of validity of election enquiry by judge and procedure.
177. Disqualification for continuing as members.
178. Fresh election if election is invalid.
179. Power of the State Election Commission to require Service of Government Staff
for election.
180. Prohibition of canvassing in or near polling station.
181. Penalty for disorderedly conduct in or nearing Polling Station.
182. Penalty for misconduct at Polling Station.

183. Maintenance of secrecy of voting.
184. Officer etc. at elections not to act for candidates or influence voting.
185. Breach of official duty in connection with Election.
186. Removal of ballot paper from polling station to be offence.
187. Other offence and penalties therefor.
188. Prosecution of certain offences.
211. Power to Government to hold general election.
212. Constitution of State Election Commission.
213. Constitution of Finance Commission.
214. District Planning Committee.
THE HARYANA PANCHAYATI RAJ ACT, 1994
(HARYANA ACT NO.11 of 1994)

{Received the assent of the President of India on the 21 st April, 1994, and first published
for general information in the Haryana Government Gazette (Extra ordinary), Legislative
Supplement Part I of the 22nd April, 1994}

AN ACT
To provide for the constitution of Gram Panchayats, Panchayat Samitis and Zila Parishads
for better administration of the rural areas and for matters connected therewith or
incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Forth-fifty Year of the
Republic of India as follows:-
1. Short title, extent and commencement:

(1) This Act may be called the Haryana Panchayati Raj Act, 1994.

(2) It extends to the whole of the State of Haryana.

(3) It shall come into force on such date as State Government may, by notification, in the
Official Gazette, appoint.

2. Definition:-In this Act, unless the context otherwise requires:-

(i) “Additional Director” means an officer appointed by the Government to perform the
functions of an Additional Director under this Act.

(ii) “Audit means a person, male or female, who has attained the age of eighteen years;

(iii) “Assembly” means the Haryana Legislative Assembly.

(iv) “Backward Classes´ means such classes of citizens as may be specified by the
Government from time to time.

(v) “block” means such local area in a district as may be declared by the Government, by
notification in the Official Gazette, to be a block at intermediate level;

(vi) “Block Development and Panchayat Officer” means an officer appointed as such by the
Government.

(vii) x x x x x x
(vii) x x x x x x
(ix) x x x x x x

(x) “casual vacancy” means a vacancy occurring otherwise than by efflux of time;

(xi) x x x x x x

(xii) “Chairman” means a Chairman of Panchayat Samiti elected under this Act

(xiii) “Chief Executive Officer “ means the Chief Executive Officer of a Zila Parishad;

(xiv) “Collector” means the Collector of a district in which the village is situated and includes
any officer appointed by the Government to perform the functions of a Collector under this
Act;

(xv) x x x x x x
(xvi) x x x x x x

(xvii) “competent Authority” means such Government officer or authority as the
Government may, by notification in the Official Gazette, appoint to perform the functions
of a competent authority under this Act;

(xviii) “Deputy Commissioner” means the Deputy Commissioner of a district and includes
any officer not below the rank of an Assistant Commissioner appointed by the Government
to perform the functions of a Deputy Commissioner under this Act;

(xix) “Director” means the Director of Panchayats appointed under this Act.

(xx) “District” means a revenue district in the State of Haryana;

(xxi) “District Development and Panchayat Officer” means an officer appointed by the
Government to perform the functions of a District Development and Panchayat Officer
under this Act;

(xxii) x x x x x

(xxiii) “Executive Officer” means an Executive Officer of a Panchayat Samiti;

(xxiv) x x x x x

(xxv) Finance Commission” means the Finance Commission constituted under clause (I) of
article 243-I of the Constitution of India;

(xxvi) “general election” means the election held under this Act for the constitution or
reconstitution of a Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may
be, after the expiry of its term or otherwise;
(xxvii) “Government” means the Government of the State of Haryana;

(xxix) “Gram Panchayat” means the Panchayat constituted at village level under this Act;

(xxx) “Gram Sabha” means a body consisting of persons registered as voters in the
electoral rolls of a village comprised within the area of the Panchayat at the village level;

(xxxi) x x x x x
(xxxii) x x x x x

(xxxiii) “Local Authority” means a Municipal Corporation, Municipal Council, Municipal
Committee, Cooperative Society, Market Society Improvement Trust, Cantonment Board,
Urban Development Authority, Gram Panchayat, Panchayat Samiti, Zila Parishad, a Board
or Companyor Corporation financed or aided by Central or State Government;

(xxxiv) x x x x x

(xxxv) “ member” means a member of Panchayat Samiti or Zila Parishad, as the case may
be;

(xxxvi) “municipality” means municipality as defined in the Haryana Municipal Act, 1973;

(xxvii) x x x x x
(xxxviii) x x x x x
(xxxix) x x x x x
(xl) x x x x x

(xli) “Panch” means a member of a Gram Panchayat elected under this Act ; Ommitted by
Haryana Act No. 10 of 1994

(xlii) “Panchayat area” means the territorial area of a Gram Panchayat;

(xliii) “ “Panchayat Samiti” means a Panchayat Samiti constituted for a block under this Act
and having jurisdiction over the block area as notified in the Official Gazette;

(xliv) “population” means the population as ascertained at the last preceding census of
which the relevant figures have been published;

(xlv) “prescribed “ means prescribed by rules made under this Act;

(xlvi) “prescribed authority” means such authority as may be prescribed by rules made
under this Act;

(xlvii) “President” means a President of a Zila Parishad elected under this Act;
(xlviii) x x x x x
(xlix) x x x x x
(l) x x x x x

(li) “public servant” means a public servant as defined in section 21 of the Indian Panel
Code, 1860 (Central Act 45 of 1860) and shall include a Panch {ommitted by Haryana Act
No. 10 of 1999 } Sarpanch, member of Panchayat Samiti or zila Parishad, Chairman or Vice
Chairman and President or Vice President.

(lii) x x x x x

(liii) “qualifying date” means the Ist day of January the year in which the list of voters for
the purposes of the general election of members for constituting or reconstituting a Gram
panchayat , Panchayat Samiti or Zila Parishad as the case may be is prepared or revised
under the provisions of this Act;

(liv) “Sabha area” means an area declared to be Sabha area under this Act;
(lv) x x x x x
(lvi) “Sarpanch” means a Sarpanch of Gram Panchayat elected under this Act;
(lvii) “Schedule” means the Schedule appended to this Act;
(lviii) “Schedule Caste” means such castes, races or tribes or part of or groups within, such
castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of
Haryana under artilce 341 of the Constitution of India;

(lix) x x x x x
(lx) x x x x x

(lxi) “State Election Commission” means the State Election Commission constituted under
article 243K of the Constitution of India;

(lxii) x x x x x

(lxiii) “Sub Divisional Officer” means an officer -in-charge of a Sub Division of a district
constituted for revenue and general purposes;

(lxiv) x x x x x

(lxv) “territorial constituency” means a ward in which a village or group of villages or a
Block or a District is divided for the purposes of election of Gram Panchayat, Panchayat
Samiti and Zila Parishad;

(lxvi) x x x x x
(lxvii) “Vice-Chairman” means a Vice Chairm an of a Panchayat Samiti elected under this
Act;

(lxiii) “Vice President” means a Vice President of a Zila Parishad elected under this Act;

(lxix) “Village” means a revenue estate in the revenue records of a district in which it is
situated or a village as may be specified, by notification in the Official Gazette, by the
Government;

(lxxii)”Zila Parishad” means a Zila Parishad constituted at district level under this Act.
(lxxiii)” Zila Parishad Fund” means the Zila Parishad Fund under this Act.
General provisions applicable to Gram Panchayats, Panchayat Samitis and Zila
Parishad

3. Duration of Gram Panchayat, Panchayat Samiti and Zila Parishad:

(1) Every Gram Panchayat, Panchayat Samiti and Zila Parishad unless sooner dissolved
under any law for the time bein g in force, shall continue for five years from the date
appointed for its first meeting and no longer.

Provided that al the Gram Panchayats and Panchayat Samitis existing immediately on the
commencement of the Constitution (Seventy -third) Amendment) Act, 1992 shall continue
till the expiration of their duration, unless sooner dissolved by a resolution passed to that
affect by the Assembly.

(2) An election to constitute a Gram Panchayat, Panchayat Samiti and Zila Parishad, as
the case may be, shall be completed:-

(a) before the expiry of its duration specified in sub-section(I);

(b) before the expiry of a period of six months from the date of its dissolution;

Provided that where the remainder of the period for which the dissolved Gram Panchayat,
Panchayat Samiti or Zila Parishad, as the case may be, would have continued is less than
six months, it shall not be necessary to hold any election for constituting the Gram
Panchayat, Panchayat Samiti or Zila Parishad for such period as the case may be;

(3) A Gram Panchayat, Panchayat Samiti or Zila Paishad constituted upon the dissolution
of a Gram Panchayat, Panchayat Samiti, Zila Parishad before the expiration of its duration
shall continue only for the remainder of the period for which the dissolved Gram Panchayat,
Panchayat Samiti or Zila Parishad , as the case may be would have continued under sub-
section (i) had it not been so dissolved.

(4) If a Gram Panchayat, Panchayat Samiti or Zila Parishad as the case may be is not
reconstituted before the expiration of its duration laid down in sub -section (1) , it shall be
deemed to have been dissolved on the expiry of the said duration and, thereupon,
provisions of sub-section (2) of Section 52., sub-section (1) of Section 111 or sub-section
(4) of section 158, as the case may be, shall be applicable.

4. Oath:

(1) Before entering upon the duties of their offices as Panches, Sarpanches, members,
Chairmen, Vice Chairmen, President or Vice Presidents, as the case may be, they shall
taken an oath of allegiance or make affirmation in the Form specified in Schedule 1.

(2) If any person mentioned in sub-section (1) refuses to take or make oath or affirmation,
his election shall be deemed to be invalid and a fresh election shall be held.

(3) No person whose election is deemed to be invalid under this Section, shall be eligible
for election to any Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may
be, for a period of two years from the date on which he ought to have taken or made oath
or affirmation.

5. Resignation:

A Panch, Sarpanch, member, Chairman, Vice-Chairman, President or Vice President as the
case may be may resign his office by giving in writing his intention to do so to the Director
and on such resignation being accepted he shall be deemed to have vacated his office.

6. Filling of casual vacancy:

(1) Whether a vacancy occurs by death, resignation removal or otherwise of a Panch,
Sarpanch, member, Chairman, Vice Chairman, President or Vice –President as the case
may be , a new Panch, Sarpanch, member, Chairman, Vice Chairman, President or vice
President, as the case may be shall be elected in the manner as may be prescribed.

(2) Any person elected to fill up a vacancy under this section shall hold office for the
unexpired portion of the term for which the person in whose place he is elected would have
otherwise continued in office.

SABHA, AREA ESTABLISHMENT AND CONSTITUTION OF GRAM SABHA AND GRAM
PANCHAYATS.

7. Demarcation of sabha area:

(1) The Government may, by notification, declare any village or a part of a village or group
of contiguous villages with a population of not less than five hundred to constitute one or
more sabha areas:

8. Establishment and constitution of Gram Panchayat:

(1) The Government may, by notification, establish a Gram Panchayat by name in every
sabha area.

(2) Every Gram Panchayat shall consist of:-
a) Sarpanch who shal be elected by the Gram Sabha from amongst its voters, by secret
ballot;

b) Six to twenty Panches from wards in a Panchayat area in the manner prescribed.

c) (Ommitted by Haryana Act No. 10 of 1999)

d) All the above seats referred to in clause (b) of sub-section (2) shall be filled in by persons
chosen by direct election from the wards in the Panchayat area and for this purpose each
Panchayat area shall be divided into wards in such manner that the ratia between the
population of each ward and number of the seats of Panches allotted to it shall, so far as
possible , be the same throughout the Panchayat area.

9. Reservation of seats in Gram Panchayat:

(1) Seats shall be reserved for the Scheduled Castes in every Gram Panchayat and the
number of seats so reserved shall bear, as nearly as may be, the same proportion to the
total number of seats to be filed by election in that Panchayat as the population of the
Scheduled Castes in the Panchayat area bears to the total population of that area and
such seats may be allotted to such wards having maximum population of persons
belonging to Scheduled Caste.

(2) Not less than one -third of the total number of seats reserved under sub -section (1)
shall be reserved for women belonging to the Scheduled Castes and such seats may be
allotted by rotation and by lots to different wards reserved under sub-section (1).

(3) Not less than one-third (including the numbers of seats reserved for women belonging
to the Scheduled Castes) of the total number of seats to be filled by direct election in every
Panchayat, shall be reserved for women and such seats may be allotted by rotation and by
lots to different wards in a Panchayat except those falling under sub-section (1) and (2).

(4) The offices of the Sapanches in the Gram Panchayat in a block shall be reserved for
the Scheduled Castes and Women:

Provided that the number of offices of Sarpanches reserved for the Scheduled Castes in the
Block shall bear, as may be, the same proportion to the total number of such offices in the
Block as the population of the Scheduled Castes in the State bears to the total population
of the State:

Provided further that not less than one third of the total number of offices of Sarpanches
in the block shall be reserved for women in cluding one third offices of women Sarpanches
from Scheduled Castes:

Provided further that the number of offices of Sarpanches reserved under this sub -section
shall be rotated to different Gram Panchayats first having the largest maximum population
of Scheduled Castes and secondly having the second largest maximum population of such
classes and so on.

(5) The reservation of the seats under sub-section (1) and (2) and the reservation of office
of Sarpanches (other than the reservation of women) under sub-section (4) shall cease to
have effect on the expiration of the period specified in article 334 of the Constitution of
India.

(6) Every Panchayat shall have one Panch belonging to Backward Classes if th eir
population is two per centum or more of the total population of the sabha area and such
seat shall be allotted to such ward having maximum population of persons belonging to
Backward Classes.

(7) Reservation of seats as mentioned in aforesaid sub -sections shall be reviewed after
every decennial census.

10. Term of Office:

The term of office of Sarpanch shall be five years unless removed otherwise.}

CONTROL

51. Suspension and removal of a Sarpanch {x x x} or Panch:

(1) The Director or the Deputy Commissioner concerned may, suspend any Sarpanch
{Omitted by Haryana Act No. 10 of 1999) or Panch, as the case may be:-

(a) Where a case against him in respect of any criminal offence is under investigation,
enquiry or trial, if in the opinion of the Director or Deputy Co mmissioners concerned the
charge made or proceeding taken against him, is likely to embarrass him in the discharge
of his duties or involves moral turpitude or defect of character;

(b) During the course of an enquiry for any of the reasons for which he can be removed,
after giving him adequate opportunity to explain.

(2) Any Sarpanch or Panch, as the case may be, suspended under sub -section (1) shall
not take part in any act or proceeding of the Gram Panchayat during the period of his
suspension and shall hand ov er the records, money or any other property of the Gram
Panchayat in his possession or under his control:-

(i) if he is a Sarpanch to a Panch commanding majority in the Gram Panchayat;

(ii) if he is a Panch to Sarpanch:

Provided that the suspension period of a Panch or a Sarpanch, as the case may be, shall
not exceed one year from the date of handing over the charge in pursuance of the
suspension order except in criminal cases involving moral turpitude.}

(3) The Director or the Deputy Commissioner concerned may, af ter such enquiry as he
may deem fit and after giving an opportunity of being heard to a Sarpanch or {{Omitted
by Haryana Act No. 10 of 1999) a Panch, as the case maybe, ask him to show cause against
the action proposed to be taken against him, and by order remove him from his office:-
(a) if after his election he is convicted by a criminal court for an offence involving moral
turpitude and punishable with imprisonment for a period exceeding six months;

(b) if he was disqualified to be a member of the Gram Panchayat at the time of his election;

(c) if he incurs any of the disqualification mentioned in section 175 after his election as
member of the Gram Panchayat;

(d) if he is absent from five consecutive meetings of the Gram Panchayat without prior
permission or leave of Gram Pachayat; and

(e) if he has been guilty of misconduct in the discharge of his duties and his continuance
in the office is undersirable in the public interest.

(4) A person who has been removed under sub -section (3) may be disqualified for re -
election for such period as may be mentioned in the order but not exceeding the period of
six years.

(5) Any person aggrieved by an order passed under sub -sections (1) (3) and (4) may
within a period of thirty days from the communication of the order, prefer an appeal to the
Government.

(6) Any Sapanch or Panch, as the case may be, removed under sub-section (3) shall hand
over the records, money or any other property of the Gram Panchayat in his possession or
under his control:-

(i) if he is Sarpanch to a Panch commanding majority in the Gram Panchayat;

(i-a) if he is Sarpanch belonging to reserve category, to a Panch of that reserve category
commanding majority, and if no Panch in that category is available, to a Panch of General
Category commanding majority in the Gram Panchayat; and

(ii) if he is a Panch to Sapanch}

52. Dissolution of Gram Panchayat:-

1. if, in the opinion of the Government, a Gram Panchayat abuses its powers or is not
competent to perform or makes persistent defaults in the performance of its duties under
this Act or wilfully disregards any instructions given or directions issued by the P anchayat
Samiti or Zila Parishad or any instructions issued by competent authority arising out of the
audit of accounts of the Gram Panchayat or inspection of the work, the Government may,
after giving the Gram Panchayat an opportunity to render explanatio n, by an order
published, with the reasons thereof, in the Official Gazette, dissolve such Gram Panchayat.

2. When a Gram Panchayat is dissolved under sub-section (1):-

(i) Sarpanch {{Omitted by Haryana Act No. 10 of 1999) and all Panches shall vacate their
office forthwith;
(ii) all powers and duties of the Gram Panchayat during its dissolution, shall be
exercised and performed by such person or persons as the Government may appoint
in this behalf; and

(iii) all property in the possession of the Gram Panchayat shall be held by Government.

3. Upon dissolution of Gram Panchayat under sub -section (1), the Government shall
reconstitute a Gram Panchayat as specified under section 8 and election to reconstitute
such Gram Panchayat shall be completed before the expirati on of a period of six months
from the date of dissolution;

Provided that where the remainder of the period for which the dissolved Gram Panchayat
would have continued is less than six months, it shall not be necessary to hold any election
under this sub-section for reconstituting the Gram Panchayat for such period.

4. A Gram Panchayat reconstituted upon the dissolution of the existing Gram Panchayat
before the expiration of its duration, shall continue only for the remainder of the period for
which the dissolved Gram Panchayat would have continued under section 3 had it not been
so dissolved.

PANCHAYAT SAMITI

55. Creation of Block:

(1) The Government may, by notification, divide a district into blocks each of which shall
comprise such areas as may be specified in the notification.

(2) The notification under sub-section (1) shall specify the name of the block by which it
shall be known and shall specify the local limits of such block.

(3) The Government may {{Omitted by Haryana Act No. 10 of 1999) by notification:-

(a) exclude from any block or include in any block any village or Gram Panchayat;

(b) divided the area of a block so as to constitute two or more blocks; or

56. Constitution of Panchayat Samiti:

The Government shall, by notification, constitute a Panchayat Samiti having jurisdiction,
save and except as otherwise provided for in this Act, in a block excluding such portion of
the block as are included in a municipa lity or in a cantonment or under the authority or a
Municipal Corporation constituted under any law for the time being in force:

Provided that a Panchayat Samiti may have its office in any area comprised within the
excluded portion of the block.

57. Composition of Panchayat Samiti:
(1) Every Panchayat Samiti shall consist of:

(a) directly elected members from territorial constituencies as determined under section
58 of this Act in the manner as may be prescribed;

(b) the members of Haryana Legislative Assembly representing constituencies which
comprise wholly or partly in the Panchayat Samiti, who shall have right to vote in the
meeting of the Panchayat Samiti except for election and removal of Chairman and Vice
Chairman and shall be {ex-officio members}

(2) There shall be a Chairman and a Vice Chairman in every Panchayat Samiti, who shall
be elected by and from amongst the elected Members, in the manner as may be prescribed.

(3) Notwithstanding anything contained in this section but subject to an y general or
specified order of the Government, where two-third of the total number of members of any
Panchayat Samiti required to be elected, have been elected, the Panchayat Samiti shall be
deemed to have been duly constituted under this Act.

58. Number of members to be elected to Panchayat Samiti:

(1) The number of elected members of a Panchayat Samiti shall consist of persons elected
from the territorial constituencies in the Panchayat Samiti area which shall not be less than
ten and not more than thirty as may be notified from time to time by the Government at
the scale of :-

(a) one member for every four thousand population or part thereof; of the Panchayat
Samiti area having population upto forty thousand;

Provided that the total number of members in such Panchayat Samiti shall not be less than
ten; and

(b) one member for every five thousand population or part thereof, of the Panchayat Samiti
area, having population of more than forty thousand;

Provided that the total number of members in such Panchayat Samiti shall not be less than
ten and more than thirty.

(2) For the purpose of election of the Panchayat Samiti, the Government may, in
accordance with such rules as may be prescribed in this behalf, divide the block area into
territorial constituencies in such manner, than the population of each ward shall, as far as
may be practicable , be the same throughout the block area.

(3) Each ward shall elect one member through direct election in the manner as may be
prescribed.

59. Reservation of seats:

(1) Seats shall be reserved for Scheduled Castes in every Panchayat Samiti and the number
of seats so reserved shall bear, as nearly as may be, the same proportion to the total
number of seats to be filled by direct election in that Panchayat Samiti as the population of
the Scheduled Castes in that Panchayat Samiti area bears to the total population of that
area and such seats may be allotted to such wards having maximum population of persons
belonging to Scheduled Castes.

(2) Not less than one third of the total number of seats reserved under sub -section (1)
shall be reserved for women belonging to Scheduled Castes and such seats may be allotted
by rotation and by lots amongst the wards reserved under sub-section (1).

(3) Not less than one third (including the number of seats reserved for women belonging
to the Scheduled Castes) of the total number of seats to be filled by direct election in every
Panchayat Samiti, shall be reserved for women and such seats may be allotted by rotation
and by lots to different territorial constituencies in a Panchayat Samiti except those falling
under sub-sections (1) and (2).

(4) The offices of Chairman in the Panchayat Samiti in a district shall be reserved for the
Scheduled Castes and women by rotation and by lots:

Provided that the number of offices of Chairman reserved for Scheduled Castes in the
District shall bear as nearly as may be, the same proportion to the total number of such
offices in the Panchayat Samitis as the population of the Sc heduled Castes in the State
bears to the total population of the State:

Provided further that not less than one-third of the total number of offices of Chairpersons
of Panchayat Samitis in a district shall be reserved for women including the offices of
Scheduled Caste women:

Provided further that the number of offices of Chairman under this sub -section shall be
rotated to different Panchayat Samitis firstly having the largest maximum po pulation of
Scheduled Caste and secondly having the next largest maximum population of such classes
and so on.

(5) One seat shall be reserved for the persons belonging to Backward Classes in every
Panchayat Samiti which shall be allotted in such territorial constituencies as having
maximum population of persons belonging to Backward Classes.

(6) The reservation of seats under sub -sections (1) and (2) and the reservation of offices
of Chairman (other than the reservati on for women) under sub -section (4) shall cease to
have effect on the expiration of the period specified in article 334 of the constitution of
India :

Provided that reservation of seats under sub -sections (1), (2), (3), (4) and (5) shall be
reviewed after every decennial census:

60. First meeting of Panchayat Samiti and Election of Chairman and Vice
Chairman:

(1) On the constitution of Panchayat Samiti under Section 56 or under any other provisions
of this Act, there shall be called the first meeting thereof for the election of Chairman and
Vice Chairman by and from amongst its elected members in the manner prescribed by the
prescribed authority.
(2) The meeting shall be held on such day within four weeks from the date on which the
names of members elected at the election are notified in the official gazette by the State
Election Commissioner or any other officer authorised by him in this behalf.

62. Term of office of Chairman and Vice-Chairman:

(1) The term of office of Chairman and Vice -Chairman of a Panchayat Samiti shall be five
years:

Provided that the Chairman or Vice Chairman shall cease to be the Chairman or Vice
Chairman if by a resolution passed by not less than two thirds of the total number of its
elected members, the Panchayat Samiti decides at a meeting convened in the manner
prescribed that he shall vacate his office:

Provided further that no such meeting shall be convened before the expiry of one year from
the date on which the election of the Chairman or vice Chairman, as the case may be, was
notified and, after the expiry of such period, whenever such a meeting is convened during
his term of office and the proposal for vacating the office fails, no further meeting shall at
any time thereafter be convened for considering a similar proposal against the Chairman
or vice Chairman unless a period of at least one year intervenes between the last failure
and the date on which such further meeting is convened.

(2) An outgoing Chairman or Vice Chairman shall be eligible for fresh election if otherwise
qualified.

63. Leave of absence:

(1) Any Member of a Panchayat Samiti who during his term of office absents himself from
four consecutive meetings of the Panchayat Samiti without the leave of the said Panchayat
Samiti, shall cease to be a member and his office shall be deem to have become vacant
and thereupon the Panchayat Samiti shall , as soon as may be, inform him, Zila Parishad,
State Election Commission and Government accordingly.

(2) Any dispute as to whether a vaca ncy has or has not occurred under this section shall
be referred for decision to the competent authority, whose decision shall be final;

Provided that such reference shall not be entertained if it is made after the expiry of fifteen
days from the date on which the Panchayat Samiti informs under sub-section (1).

(3) whenever leave is granted under sub -section (1) to a member who is Vice -Chairman
another member shall be elected to perform all the duties and exercise all the powers of a
Vice-Chairman during the period for which such leave is granted on the same terms and
conditions.

64. Suspension of Chairman/Vice Chairman and member:

(1) The Government may suspend from office any Chairman or Vice Chairman or member
against whom any criminal proceeding in respect of an offence involving moral turpitude
have been instituted in any court, or who has been detained in a prison during trial for any
offence or who is undergoing such sentence of imprisonment as would disqualify him for
continuing as a member of the Panchayat Samiti under Section 175 or who has been
detained under any law relating to preventive detention for the time being in force.

(2) Where any Chairman or Vice Chairman, as the case may be has been suspended under
sub-section (1) another member shall be elected by and from amongst the elected
members to perform all the duties and exercise all the powers of a Chairman or a Vice
Chairman during the period for which such suspension continues.

CONDUCT OF BUSINESS AND PANCHAYAT SAMITI

68. Quorum:

For the transaction of business at a meeting of a Panchayat Samiti, the quorum shall be:

(a) if it is an ordinary meeting, one-third; and

(b) If it is special meeting, one half of the number of members actually
serving for the time being.
69. Power of Chairman and Executive Officer to call special meetings:

The Chairman, or in his absence the Executive Officer may whenever he thinks fit and shall
on requisition made in writing by not less then one third of the total number members of
the Panchayat Samiti, convince a special meeting within two weeks of the receipt of the
written requisition.

70. Adjournment:

Any meeting of a Panchayat Samiti may, with the consent of the majority of the members
present, be adjourned to any other date, but no business other than that left over at the
adjourned meeting shall be transacted at the next following meeting.

SUPERVISION

109. Suspension & Removal of Members:- (1) The Government may, during the course
of any inquiry suspend a member, Vice Chairman or Chairman as the case may be, of a
Panchayat Samiti or any of the reasons for which he can be removed and debar him from
taking part in any act or proceedings of the said body, during the inquiry:

Provided that the suspension period of a member, Vice Chairman or Chairman as the case
may be shall not exceed six months from the date of issuance of suspension order.

(2) The Government may, after such inquiry as it may deem fit, remove any member, Vice
Chairman or Chairman, as the case may be, who in the opinion of the Government has
been guilty of misconduct in the discharge of his duties.
(3) A person who has been removed under sub -section (2) may be disqualified for re -
election for such period not exceeding five years as the Government may fix.

110. Powers of Government to dissolve in case of incompetency, persistent
default or abuse of power:

If a Panchayat Samiti is not competent to perform or persistently makes default in the
performance of the duties imposed upon it by or under this or any other Act for the time
being in force or exceeds or abuses its powers, the Government may suo motu or on a
report received in this behalf and after giving an opportunity to the Panchayat Samiti
concerned to show cause why such a order should not be made, by notification, dissolve
such Panchayat Samiti.

111. Consequences of dissolution:

(1) When a Panchayat Samiti is dissolved under Section 110, the following consequences
shall ensure:-

(a) all members of the Panchayat Samiti, from the date of the notification, vacate the
office.

(b) All powers and duties of the Panchayat Samiti may, until the Panchayat Samiti is
reconstituted be exercised and performed by such person or persons as the Government
may appoint in this behalf; and

(2) When a Panchayat Samiti is dissolved u nder Section 110 the Government shall
constitute Panchayat Samiti in its place before the expiration of a period of six months from
the date of its dissolution for the remainder period:

Provided that where the remainder of the period for which the dissolved Panchayat Samiti
would have continued is less than six months, it shall not be necessary to hold any election
under this sub-section for constituting the Panchayat Samiti for such period.

(3) Any person or persons appointed under clause (b) of sub -section (1) shall be subject
to the control of the Government and such other officers as it may direct, and shall be
subject to all other restrictions, limitations and conditions imposed by t his Act on the
Panchayat Samiti, its Chairman or Executive Officer.

ZILA PARISHAD

117. Constitution of Zila Parishad:

(1) The Government may, by notification, constitute a Zila Parishad bearing the name of
the district having jurisdiction, save as otherwise provided in this Act, over the entire district
excluding such portion of the district as are included in a Municipality or Contonment:
Provided That the Zila Parishad may have its office in any area comprised within the
excluded portion of the district.

(2) The Government may, after making such enquiry as it may deem fit and after
consulting the Zila Parishad or the Zila Parishads concerned, as the case may be, by
notification, exclude from any district or include in any district any village or Gram
Panchayat or a block.

118. Composition of Zila Parishads:

(1) Every Zila Parishad shall consist of:

(a) the members directly elected from the wards in a district under Section 119.

(b) the chairman of all Panchayat Samitis within the district, ex-officio members;

(c) the members of the House of People , Haryana Legislative Assembly whose constituency
lie within the district or part thereof, ex-officio member; and

(d) a President and Vice President who shall be elected by and amongst the elected
members of the Zila Parishad.

(2) All ex-officio members of the zila Parishad shall have right to vote in the meetings of
the Zila Parishad except for election and removal of the President or the Vice President.

(3) Notwithstanding anything contained in this section, but subject to any general or
special order of the Government where two-third or more of the total number of members
of any Zila P arishad require to be elected have been elected, the Zila Parishad shall be
deemed to have been duly constituted under this Act.

119. Elected Members:

(1) The Government may, by notification in the Official Gazette, determine the number,
being not more than thirt y and not less than ten of directly elected members from wards
keeping in view the total population of the district at the scale of one member for every
40,000 population or part thereof.

(2) For the convenience of election, the Government shall, in accordanc e with such rules
as may be prescribed in this behalf:-

(a) divide a district into wards in such manner, that the population of each ward shall as
for as may be practicable, be the same throughout the district:

Provided that the elected members of a Zila Parishad from the wards in the blocks in the
district shall consist of persons to be elected from each block and the wards therein being
fixed in accordance with the scale of one member for every forty thousand population or
part thereof the population exc ept Morni Block in district Ambala and Sadhaura block in
district Yamuna Nagar where it shall constitute one ward for the actual population below
forty thousands.
(b) each ward shall elect one member through direct election in the manner prescribed.

120. Reservation of seats:

(1) Seats shall by reserved by the Government for the Scheduled Castes in every zila
Parishad in the State and the number of seats so reserved shall bear, as nearly as may be
the same proportion to the total number of seats to be filled by direct election in that Zila
Parishad as the population of the Scheduled Castes in the district bears to the total
population in the district and such seats shall be allotted territorial constituencies in that
district having maximum population of persons belonging to Scheduled Castes.

(2) One third of the total number of seats reserved under sub-section (1) shall be reserved
for women belonging to the Scheduled Castes and such seats may be allotted by rotation
to wards reserved under sub-section (1).

(3) One third (including the number of seats reserved for women belonging to the
Scheduled Castes) of the total number of seats to be filled by direct election in a Zila
Parishad shall be reserved for women and such seats shall be allotted by rotation and by
lots to different constituencies in that district except those falling in sub -sections (1) and
(2).

(4) The offices of the President in the Zila Parishad shall be reserved for th e scheduled
Castes and women.

Provided that the number of offices of the Presidents reserved for the Scheduled Castes in
the State shall bear as may be the same proportion to the total number of such offices in
the Zila Parishad as the population of the S cheduled Castes in the state bears to the total
population of the State:

Provided further that not less than one third of the total number of offices of Presidents in
the Zila Parishads shall be reserved for women including the offices reserved for Scheduled
Caste Women:

Provided further that the number of offices of presidents under this sub -section shall be
rotated to different Zila Parishad firstly having the largest maximum population of
Scheduled Castes and secondly having the next largest maximum po pulation of such
classes and so on.

(5) The reservation of seats under sub-section (1) and (2) and the reservation of offices of
Presidents (other than the reservation of women) under sub-section (4) shall cease to have
effect on the expiration of the period specified in article 334 of the Constitution of India.

(6) One seat in every Zila Parishad shall be reserved for the persons belonging to backward
Classes and such seat shall be allotted to such wards having maximum population of person
belonging to Backward Classes.

Provided that reservation of seats under sub -sections (1), (2) (3) (4) and (6) shall be
reviewed after every decennial census.

121. First meeting of Zila Parishad and election of President and Vice President:
(1) On the Constitution of a Zila Parishad under section 117, there shall be called the first
meeting for the election of President and the Vice President by and from amongst its elected
members in the manner prescribed , by the prescribed authority.

(2) The meeting shall be held on such day within four weeks from the date on which the
names of elected members are published by the State Election Commissioner, or any other
officer authorised by him in this behalf.

123. Term of the officer of President and Vice President and Motion of No-
Confidence against President and Vice President:

(1) The term of the office of President and Vice President of a Zila Parishad shall be five
years unless sooner removed.

(2) If by a resolution passed against the President or Vice President, as the case may be,
two third of the total number of its elected members of the Zila Parishad decide at a meeting
conv

Excerpt shown. Open the full act in Lexace.

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