LexThe Himachal Pradesh Panchayati Raj Act, 1994
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THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER-I
PRELIMINARY
1. Short title, extent, application and commencement.
2. Definitions.
CHAPTER –II
GRAM SABHA
3. Declaration of Sabha area.
3-A. Diminution of Sabha area not to affect the term of certain
office bearers.
4. Establishment of Gram Sabha.
5. Meeting and Quorum of Sabha.
5-A. Agenda.
6. Defect or omission in enrolment of members not to vitiate act
or proceedings of the Gram Sabha.
7. Functions of Gram Sabha.
7(A). Constitution of the Up-Gram Sabha.
CHAPTER –III
GRAM PANCHAYATS
8. Constitution of Gram Panchayats.
9. Meetings of Gram Panchayat.
10. Maintenance of Gram Panchayat records etc.
11. Functions of Gram Panchayat.
11-A. Registration of cattle and maintenance of record therefor.
12. Power of removal of encroachments and nuisance.
13. Power to make general orders.
14. Control on erection of buildings.
15. Penalty for disobedience of a special or general order of the
Panchayat.
16. Power to enquire and make report about misconduct of certain
officials.
2 THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
17. Power to contract for the collection of taxes and other dues.
18. Power to introduce prohibition.
19. Power of entry and inspection.
20. Power to manage fairs and markets.
21. Power over water ways etc.
22. Powers regarding naming of streets and numbering of
buildings.
23. Constitution and functions of Standing Committees.
24. Joint Committee.
25. Work to be entrusted to Joint Committee or Panchayat Samiti.
26. Maintenance and improvement of Schools, hospitals and
dispensaries.
27. Establishment of School, hospital and dispensary for group of
Panchayats.
28. Assistance to the Government servants.
29. Powers to take over management of institutions etc.
CHAPTER-IV
JUDICIAL FUNCTIONS AND POWERS OF GRAM
PANCHAYAT
30. Bar for Panches to take part in certain cases.
31. Territorial jurisdiction.
32. Offences cognizable by Gram Panchayat.
33. Penalties.
34. No cognizance by Courts
35. Transfer of criminal proceedings to the Gram Panchayat in
certain cases.
36. Summary disposal of complaint.
37. Return of complaints.
38. Certain persons not to be tried by the Gram Panchayat.
39. Compensation to the accused.
40. Enquiry in cases forwarded by a Magistrate.
41. Extent of jurisdiction.
42. Extension of jurisdiction by agreement of parties.
43. Application for transfer of cases from one Gram Panchayat to
another Gram Panchayat.
THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994 3
44. Exclusion of Gram Panchayat jurisdiction.
45. Suit to include the whole claim.
46. Limitation.
47. Effect of decision by Gram Panchayat.
48. Proceeding under section 46 of the Himachal Pradesh Land
Revenue Act.
49. Procedure in revenue proceedings.
50. Resjudicata.
51. Double jeopardy.
52. Concurrent jurisdiction.
53. Institution of suits and cases.
54. Recording of substance of the complaints and application and
appointment of benches.
55. Absence of Parties in cases and suits.
56. Gram Panchayat not to revise or alter its decision.
57. No legal practitioner to appear.
58. Appearance in person or by representative.
59. Compromise.
60. Procedure and power to ascertain truth.
61. Majority to prevail.
62. Dismissal of suits etc.
63. Summons to defendant or accused.
64. Failure of the accused to appear.
65. Issue of summons to witnesses.
66. Penalties for failing to appear before the Gram Panchayat.
67. Appeal.
68. Finality of decree or order of the Gram Panchayat.
69. Frivolous appeals.
70. Payment or adjustment of decree to be recorded.
71. Execution of decrees.
72. Recovery of fines.
73. Protection to Gram Panchayats.
74. Duty of police towards Gram Panchayats.
4 THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
75. Proceeds of fee and fines etc.
76. Conviction by Gram Panchayat not to be a previous
conviction.
CHAPTER-V
PANCHAYAT SAMITI
77. Establishment of Panchayat Samiti.
78. Constitution of Panchayat Samiti.
79. Election of Chairman and Vice-Chairman of Panchayat Samiti.
80. Meetings.
81. Functions of Panchayat Samiti.
82. Entrustment of certain functions of state Government to a
Panchayat Samiti.
83. Powers of the State Government in relation to functions of
Panchayat Samiti.
84. Standing Committees.
85. Functions of the Standing Committees.
86. Procedure of the Standing Committees.
87. Consultative Committees.
CHAPTER-VI
ZILA PARISHAD
88. Establishment of Zila Parishad.
89. Constitution of Zila Parishad.
90. Election of Chairman and Vice-Chairman
91. Meetings of Zila Parishad.
92. Functions of Zila Parishad.
93. Entrustment of certain functions of state Government to a Zila
Parishad.
94. Powers of the State Government in relation to functions of Zila
Parishad.
95. Standing Committees.
96. Functions of Standing Committees.
97. Procedure of Committees.
THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994 5
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.
97-B. Declaration of village in scheduled areas.
97-C. Functions of Gram Sabha.
97-D. Reservation of seats of office bearers in Panchayats.
97-E. Nomination of persons.
97-F. Acquisition of land in the scheduled areas.
97-G. Management of minor water bodies in the scheduled areas.
97-H. Minor minerals in scheduled areas.
97-I. Powers and functions of Gram Panchayats and Panchayat
Samitis.
CHAPTER- VII
FINANCE, TAXATION AND RECOVERY OF CLAIMS
98. Finance Commission for Panchayats.
99. Panchayat Fund.
100. Levy at taxes and fees by Gram Panchayats.
101. Special tax for community services.
102. Commutation of tax by labour.
103. Local rate.
104. Levy of taxes by Panchayats.
105. Power of State Government to regulate taxes.
106. Power of State Government in regard to relief in taxes.
107. Assignment of funds to Panchayats.
108. Grants-in-aid to Panchayats.
109. Disbursement of local rate and stamp duty amongst
Panchayats.
110. Powers of Panchayat to borrow money.
111. State Government may vest certain property in Panchayats.
112. Transfer of immovable property.
113. Mode of executing contracts.
114. Penalty for evasion.
6 THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
115. Recovery of arrears.
116. Appeal against taxation.
117. Budget and annual accounts.
118. Audit of Panchayats.
CHAPTER-VIII
GENERAL PROVOSIONS RELATING TO
INCORPORATION, DURATION, TERRITORIAL
CONSTITUENCIES OF PANCHAYATS AND
QUALIFICATIONS ETC. OF OFFICE BEARES
119. Incorporation of Panchayats.
120. Duration of Panchayats.
121. Qualification to vote and to be a candidate.
121-A. Account of election expenses and maximum limit thereof.
121-B. Lodging of account.
122. Disqualifications.
123. Bar to hold more than one office.
124. Territorial constituencies.
125. Reservation for Chairpersons.
126. Publication of names of office bearers of Panchayats.
127. Oath or affirmation of allegiance.
128. First meeting and term of office.
129. No confidence motion.
130. Resignation by office bearers.
131. Casual vacancies.
132. Defect or irregularity not to vitiate proceedings.
CHAPTER – IX
OFFICERS AND STAFF OF PANCHAYATS
133. Appointment of secretary of Gram Panchayats.
134. Appointment of Executive officer of Panchayat Samiti and
Zila Parishad.
135. Other officers and servants of Panchayats.
136. Deputation of government servants.
137. Inspection and access to Panchayat records.
138. Powers to suspend execution of orders, etc.
THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994 7
139. Power of State Government to issue orders directing
Panchayats for execution of works in certain cases.
140. Power of State Government to dissolve Panchayat for default,
abuse of power, etc.
141. Inquiry into affairs of Panchayats.
142. Liability of office bearers etc., for loss, misappropriation.
143. Dispute between Panchayats and other local authorities.
144. Power to recover records, articles and money.
145. Suspension of office bearers of Panchayats.
146. Removal of office bearers of Panchayats.
147. Power to call for record.
148. Appeal and revision.
CHAPTER-X
PENALTY
149. Penalty for acting as members, Pradhan, Up-Pradhan,
Chairman, Vice-Chairman when disqualified.
150. Penalties for interested members voting.
151. Penalty for acquisition by a member, office bearer or servant
of interested in contracts.
152. Wrongful restraint of officers etc.
153. Prohibition against obstruction of members of Panchayats.
154. Prohibition against removal or obliteration of notice.
155. Penalty for not giving information or giving false information.
156. Prohibition of bidding.
157. Procedure to make good the damage to any Panchayat.
158. Penalty for tempering with the Panchayat property.
CHAPTER-X-A
ELECTROL OFFENCES
158-A. Promoting enmity between classes in connection with the
election.
158-B. Prohibition of public meetings during period of forty-eight
hours ending with hour fixed for conclusion of poll.
158-C. Disturbances at election meetings.
158-D. Restrictions on the printing of pamphlets, posters, etc.
158-E. Maintenance of secrecy of voting.
8 THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
158-F. Officers etc., at elections not to act for candidates or to
influence voting.
158-G. Prohibition of canvassing in or near polling stations.
158-H. Penalty for disorderly conduct in or near polling stations.
158-I. Penalty for misconduct at the polling station.
158-J. Penalty for failure to observe procedure for voting.
158-K. Penalty for illegal hiring or procuring of conveyance at
elections.
158-L. Breaches of official duty in connection with election.
158-M. Penalty for Government Servants for acting as election agent,
polling agent or counting agent.
158-N. Prohibition of going armed to or near a polling station.
158-O. Removal of ballot papers from polling station to be an
offence.
158-P. Offence of booth capturing.
158-Q. Grant of paid holiday to employees on the day of poll.
158-R. Liquor not to be sold, given or distributed on Polling day.
158-S. Other offences and penalties therefor.
CHAPTER-XI
DISPUTES RELATING TO ELECTION
159. Definitions.
160. State Election Commission.
160-A. Requisitioning of premises, vehicles, etc., for election
purposes.
160-B. Payment of compensation.
160-C. Release of premises from requisition.
160-D. Delegation of functions of the state Government with regard to
requisitioning.
160-E. Deputation of staff and punishment on breach of official duty.
161. Officer authorised to hear election petitions.
162. Election petitions.
163. Presentation of petition.
163-A. Parties to the petition.
164. Contents of petition.
165. Procedure on receiving election petition.
THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994 9
166. Withdrawal and transfer of petitions.
167. Procedure before the authorised officer.
168. Appearance before the authorised officer.
169. Power of the authorised officer.
170. Documentary evidence.
171. Secrecy of voting not to be infringed.
172. Answering of incriminating questions and certificate of
indemnity.
173. Expenses of witnesses.
174. Decision of authorised officer.
175. Grounds for declaring elections to be void.
175-A. Grounds for which a candidate other than the elected person
may be declared to have been elected.
175-B. Procedure in case of equality of votes.
176. Abatement of election petitions.
177. Costs and payment thereof out of security deposits and return
of such deposits.
178. Execution of orders as to costs.
1[179. XXXXXXXXXXXXXXXXXXXXXX]
180. Corrupt practices.
181. Appeals.
182. Bar of interference by Courts in election matters.
183. Power to make rules for conduct of elections.
CHAPTER-XII
DEVELOPMENT PLANS AND DISTRICT PLANNING
COMMITTEE
184. Preparation of Development Plans.
185. District Planning Committee.
CHAPTER-XIII
RULES AND BYE-LAWS
186. Power to make rules.
187. Bye-laws.
188. Model bye-laws.
1. Section 179 deleted vide H.P. Act No. 18 of 2000.
10 THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
189. Delegation of powers.
CHAPTER-XIV
MISCELLANEOUS
190. Members and servants of Panchayat to be public servant.
191. Indemnity for acts done in good faith.
192. Certain suits against members, office bearers etc. to be
defended at the cost of Panchayat.
193. Bar for suit in absence of notice.
194. Method of service.
195. Proceedings and record of Panchayats open to inspection.
196. Prohibition of remuneration to members.
197. Panchayat in default of owner or occupier may execute work
and recover expenses.
198. Acquisition of land.
199. Power to remove difficulties.
200. Repeal and savings.
Schedules-I, II, III, IV and V.
---------
THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
(ACT NO. 4 OF 1994)1
(Received the assent of the Governor on 22nd April, 1994, published
both in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary),
dated the 23rd April, 1994, pp. 811-983).
An Act to consolidate, amend and replace the law relating to Panchayats
with a view to ensure effective involvement of the Panchayati Raj
Institutions in the local administration and developmental
activities.
Amended, repealed or otherwise affected by:-
(i) H.P. Act No. 10 of 19972, assented to by the Governor on the
2nd May, 1997, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 3rd May,
1997, pp. 1577-1582, effective from 16th January, 1997.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
5th April, 1994, pp. 668 and 744.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
31st March, 1997, pp. 1109 and 1112.
THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994 11
(ii) H.P. Act No. 1 of 19981, assented to by the Governor on the
9th January, 1998, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 9th
January, 1998, pp. 59-64.
(iii) H.P. Act No. 18 of 20002, assented to by the Governor on the
3rd June, 2000, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 8th June,
2000, pp. 1611-1646.
(iv) H.P. Act No. 4 of 20013, assented to by the Governor on the
15th February, 2001, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 20th
February, 2001, pp. 5675-5683, effective from 15th
November, 2000.
(v) H.P. Act No. 22 of 20014, assented to by the Governor on the
7th October, 2001, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 19th
October, 2001, pp. 2935-2946.
(vi) H.P. Act No. 10 of 20025, assented to by the Governor on the
7th May, 2002, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 8th May,
2002, pp. 311-316.
(vii) H.P. Act No. 17 of 20056, assented to by the Governor on the
13th May, 2005, published both in Hindi and English in the
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
12th December, 1997, pp. 4722 and 4726. Act came into force from 24th May,
2004 vide Notification No. PCH-HA(I)4/94-Loose-6025-6236, dated 24th May,
2004, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 24th
May, 2004, p. 574.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
17th April, 2000, pp. 933-934 and 951-952.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
26th December, 2000, pp. 4731-4732 and 4736-4737.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
21st August, 2001, pp. 1966 and 1974.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
26th March, 2002, pp. 4635 and 4638.
6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
5th April, 2005, pp. 231-232 and 241-242. Act came into force from 30th May,
2005 vide Notification No. PCH-HA(1)1/2004-9509-9683, dated 30th May, 2005,
published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 30th May,
2005, p. 958.
12 THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 17th May,
2005, pp. 741-756.
(viii) H.P. Act No. 20 of 20061, assented to by the Governor on the
10th October, 2006, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 12th
October, 2006, pp. 5259-5264.
(ix) H.P. Act No. 15 of 20072, assented to by the Governor on the
20th September, 2007, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 20th
September, 2007, pp. 5694-5696.
(x) H.P. Act No. 10 of 20083, assented to by the Governor on the
22nd May, 2008, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 27th May,
2008, pp. 1195-1203.
(xi) H.P. Act No. 17 of 20084, assented to by the Governor on the
6th October, 2008, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 13th
October, 2008, pp. 4245-4250.
(xii) H.P Act No. 15 of 20105 assented to by the Governor on the
11th June, 2010, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 18thJune, 2010 pp.1479-
1486.
(xiii) H.P Act No. 9 of 20116 assented to by the Governor on the
22th January, 2011, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 28th January, 2011 pp.
8384-8389.
1 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
22nd August, 2006, pp. 3711 and 3714.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
30th August, 2007, pp. 4656 and 4659.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh,, dated 24th April, 2008,
pp. 392 and 398. The Act came into force from 13th June, 2008 vide Notification
No. PCH-HA(1)8/2008, dated 13th June, 2008, published in the Rajpatra,
Himachal Pradesh (Extra-ordinary), dated 16th June, 2008, pp. 1872-1873.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 10th September,
2008 p. 3733 and 3736.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 20th April, 2010,
pp. 321 and 326.
6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 21st December,
2010, pp. 7576 and 7582.
THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994 13
(xiv) H.P Act No. 1 of 20151 assented to by the Governor on the
19th January, 2015, published both in Hindi and English in in
the Rajpatra, Himachal Pradesh, dated 22nd January, 2015, pp.
5721-5725, effective from 20th September, 2014.
(xv) H.P. Act No. 15 of 20152 assented to by the Governor on the
10th May, 2015, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 18th May, 2015, pp. 808-
812.
(xvi) H.P. Act No. 9 of 20163 assented to by the Governor of
Himachal Pradesh on the 20th May, 2016, published both in
Hindi and English in the Rajpatra, Himachal Pradesh, dated
25th May, 2016, pp. 1046-1047.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Forty-fifth Year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short title, extent, 4[application] and commencement.- (1) This
Act may be called the Himachal Pradesh Panchayati Raj Act, 1994.
(2) It shall extend to the whole of the State of Himachal Pradesh,
except the areas administered by a municipality.
5[(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) It shall come into force on such date6 as the Government may, by
notification, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(1) “annual value” means,-
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 11th December,
2014, pp. 4934 and 4936-4937.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see in the Rajpatra, Himachal Pradesh dated 9th April,
2015, p. 206 and 209.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see in the Rajpatra, Himachal Pradesh dated 11th April,
2016, pp. 159-160 and 161.
4. Inserted vide H.P. Act No. 1 of 1998, effective from 24th May, 2004.
5. Sub-section (2-A) inserted vide H.P. Act No. 1 of 1998, effective from 24th May,
2004.
6. Act came into force from 23rd April, 1994 vide Notification No. RDPR.III (Leg-I)
5/93 dated 23rd April, 1994, published in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 23rd April, 1994, pp. 985-986.
14 THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
(i) double the land revenue for the time being assessed
on any land, whether the assessment is leviable or
not; or
(ii) where the land revenue has been permanently
assessed, or has been wholly or in part compounded
or redeemed, double the amount which, but for such
permanent assessment, composition or redemption,
would have been leviable; or
(iii) where no land revenue has been assessed, double the
amount which, would have been assessed if the
average village rate had been applied:
Provided that, in any tract in which, under the settlement
for the time being in force, the improvement of the land due to
canal irrigation has been excluded from account in assessing the
land revenue and rate has been imposed in respect of such
improvement, that rate shall be added to the land revenue for
the purpose of computing the annual value:
(2) “backward classes” means such classes of citizens other
than Scheduled Castes and Scheduled Tribes as may be
identified and notified for the purposes of reservation for
appointments or posts in the services under the State
Government;
(3) “block” means such area in a district as may be declared
by the Government by notification to be a block;
(4) “building” means any shop, house, out-house, hut, shed,
stable, whether used for the purpose of human habitation
or otherwise and whether of stone, concrete, bricks
masonry, wood, mud, thatch, metal or any other material
whatever and includes a wall;
(5) “bye-laws” means bye-laws made by a Panchayat under
this Act and includes model bye-laws framed by the State
Government under section 188;
(6) “case” means ‘criminal proceedings’ in respect of an
offence triable by a Gram Panchayat;
1[(6-A). “cattle” means domestic animals and includes elephants,
camels, buffaloes, cows, oxen, horses, mares, geldings,
ponnies, colts, fillies, mules, asses, pigs, rams, ewes,
sheep, lambs, goats and kids;]
(7) “collector”, “Magistrate” or “Sub-Judge” with reference
to a “Gram Sabha” or a “Gram Panchayat” means a
Collector, a Judicial Magistrate or a Sub Judge of the
1. Clause (6-A) inserted vide H.P. Act No. 20 of 2006.
THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994 15
District or the Sub Division, as the case may be, in which
such Gram Sabha, or Gram Panchayat is constituted;
(8) “complaint” means any allegation made orally or in
writing to the Gram Panchayat, with a view to its taking
action under Chapter-IV of this Act, that some person,
whether known or unknown has committed an offence;
1[(8-A) XXXXXXXXXXXXXXXX;]
(9) “common land” means the land which is not in the
exclusive use of any individual and has, by usage,
custom, prescription or by law, been reserved for the
common purposes of village community or has been
acquired for such purposes;
(10) “decree”, “decree holder”, “judgment debtor” and “legal
representative” shall have the same meanings as are
assigned to them in section 2 of the Code of Civil
Procedure, 1908( 5 of 1908);
(11) “Deputy Commissioner” means the Deputy
Commissioner of a district and includes any officer
specially appointed by the Government to perform the
functions of a Deputy Commissioner under this Act:
Provided that such officer shall not perform any
function in respect of which the decision of the Deputy
Commissioner under this Act is final;
2[(11-A) “Divisional Commissioner” means the Divisional
Commissioner of a Division and includes any officer
specially appointed by the State Government to perform
function of Divisional Commissioner;]
(12) “Director” means the Director of Panchayati Raj
appointed under this Act and includes any other officer
specially appointed by the Government to perform the
functions of the Director under this Act;
(13) “district” means a revenue district;
3[(13-A) “Chief Executive Officer” means Chief Executive Officer
of Panchayat Samiti or Zila Parishad appointed under
section 134 of this Act;]
1[(13-B) “family” means a joint family of all persons descended
from common ancestor including adoption, who live,
1. Clause (8-A) added vide H.P. Act No. 18 of 2000 and deleted vide H.P. Act No.
17 of 2008.
2. Clause (11-A) inserted vide H.P. Act No. 17 of 2008.
3. Clause (13-A) added vide H.P. Act No. 1 of 2014, effective from 20th September,
2014.
16 THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
worship and mess together permanently as shown in the
parivar register of the Gram Panchayat;]
2[(13-C) “Financial Commissioner” means the Financial
Commissioner 3[(Appeal)] to the Government of
Himachal Pradesh;]
(14) “Government” or “State Government” means the
Government of Himachal Pradesh;
(15) “Gram Panchayat” means the Executive Committee of the
Gram Sabha established under section 8 of this Act;
(16) “Gram Sabha” or “Sabha” means a Gram Sabha
established under section 4 of this Act and ‘Sabha area’
means an area declared to be a ‘Sabha area’ under section
3 of this Act;
(17) “land” means land assessed to land revenue and includes
land whereof the land revenue has been wholly, or in part
released, compounded for, redeemed or assigned;
(18) “land holder” means any person responsible for the
payment of the land revenue, if any, assessed on land and
includes the proprietor of land, the land revenue of which
has been wholly, or in part, released, compounded for,
redeemed or assigned;
(19) “land revenue” includes tirni or grazing dues levied for
grazing on Government land;
4[(19-A) “Mahila Gram Sabha” means a Mahila Gram Sabha
constituted under section 5-B of this Act;]
(20) “member” means a member of the Gram Panchayat,
Gram Sabha, Panchayat Samiti or Zila Parishad, as the
case may be;
(21) “municipality” means an institution of self-Government
constituted under article 243-Q of the Constitution of
India and includes a Cantonment Board set up under the
Cantonments Act, 1924( 2 of 1924);
5[(21-A) “near relative” means any person who is related to the
office-bearer of the Panchayat which includes father,
1. Clause (13-A) added vide H.P. Act No. 4 of 2001, effective from 15th November,
2000 and later renumbered as Clause (13-B) vide H.P. Act No. 1 of 2015.
2. Clause (13-B) added vide H.P. Act No. 17 of 2008 and renumbered as Clause
(13-C) vide H.P. Act No. 1 of 2015.
3. Substituted for the words and brackets “(Revenue)” vide H.P. Act No. 15 of
2010.
4. Clause (19-A) inserted vide H.P. Act No. 15 of 2015.
5. Clause (21-A) inserted vide H.P. Act No. 15 of 2015.
THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994 17
mother, grand-father, grand-mother, wife, husband,
father-in-law, mother-in-law, maternal or paternal uncle,
son, grand-son, daughter, grand-daughter, son-in-law,
daughter-in-law, brother, brother-in-law, nephew, niece,
sister or sister’s husband;]
(22) “offence”, “bailable offence”, “non-bailable offence”,
“cognizable offence”, “Officer-in-charge of a police
station” and “police station” shall have the same
meanings as are assigned to them in section 2 of the Code
of Criminal Procedure, 1973(2 of 1974;
(23) “office-bearer” means a Member, Pradhan or Up-Pradhan
of a Gram Panchayat and a Member, Chairman or Vice-
Chairman of a Panchayat Samiti or of a Zila Parishad, as
the case may be;
(24) “Official Gazette” or “Gazette” means the Rajpatra of
Himachal Pradesh;
(25) “panch” means a member of Gram Panchayat while
discharging the judicial functions of the Gram Panchayat
under this Act and includes a Pradhan or Up-Pradhan;
(26) “panchayat” means a Gram Panchayat, a Panchayat
Samiti or a Zila Parishad, as the case may be;
(27) “panchayat forest” means a forest which has been so
declared by the State Government by notification issued
in this behalf;
1[(27-A) “Panchayat Sahayak” means a person appointed as
Panchayat Sahayak 2[by the Panchayat] under section 135
or an official deputed by the State Government under
section 136, as the case may be, to perform the functions
of Secretary of Gram Panchayat under this Act;]
(28) “Panchayat Samiti” means a Panchayat Samiti constituted
under section 78 of this Act and having jurisdiction over the
block area;
(29) “population” means the population as ascertained at the last
preceding census of which the relevant figures have been
published;
(30) “prescribed” means prescribed by rules made under this
Act;
(31) “prescribed authority” means the authority notified as such
by the Government under this Act;
1. Clause (27-A) inserted vide H.P. Act No. 10 of 2008, effective from 13th June,
2008.
2. Substituted for the words “by the Gram Panchayat” vide H.P. Act No. 1 of 2015.
18 THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
(32) “proceedings” means a revenue matter triable by a Gram
Panchayat;
(33) “public place” means a space not being private property
which is open to use or enjoyment of the public whether
such space is vested in a Panchayat or not;
(34) “public street” means any road, street, bridge, lane, square,
court, alley or passage which the public has a right to pass
along and includes on either side, the drains or gutters and
the land up to defined boundary of any abutting property,
notwithstanding any projection over such land of any
varandah or other superstructure;
(35) “public servant” means a public servant as defined in
section 21 of the Indian Penal Code, 1860(45 of 1860);
(36) “schedule” means a schedule appended to this Act;
(37) “scheduled areas” means the areas specified and declared as
scheduled areas in the State of Himachal Pradesh under
para-graph 6 of the Fifth Schedule to the Constitution of
India for the purposes of clause(1) of Article 244 of the
Constitution;
(38) “Scheduled Castes” shall have the same meaning as
assigned to it in clause (24) of article 366 of the
Constitution of India;
(39) “Scheduled Tribes” shall have the same meaning as
assigned to it in clause (25) of article 366 of the
Constitution of India;
(40) “section” means the section of this Act;
(41) “Secretary” means a person, by whatever name called,
appointed under section 133 and sub-section (1) of section
134 to discharge the functions of the Secretary of the Gram
Panchayat, the Panchayat Samiti and the Zila Parishad
concerned;
(42) “Sub-Divisional Officer” means the officer-in-charge of a
Sub-Division of a District constituted for revenue and
general purposes and where a Sub-Division does not exist
such other officer as may be declared by the Government as
Sub-Divisional Officer, for the purposes of this Act;
(43) “suit” means a civil suit triable by a Gram Panchayat;
(44) “tax” includes a cess, duty, fee, rate or toll, leviable under
this Act;
(45) “tenant”, “rent”, and “rates and cesses” shall have the same
meanings as are assigned to them in section 4 of the
Himachal Pradesh Land Revenue Act, 1954( 6 of 1954);
THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994 19
(46) “village” means any local area, recorded as a revenue estate
in the revenue records of the district in which it is situated
or any other local area which the Government may, by
general or special order, declare to be a village;
1[(46-A) “ward” means a single member territorial constituency in a
Panchayat area as determined under section 124 of the Act;]
(47) “water-courses” means a Kuhal or channel which is used
for irrigation or providing drinking water and the
management whereof has been partly or wholly entrusted to
a Panchayat; and
(48) “Zila Parishad” means a Zila Parishad constituted under
section 89 of this Act.
CHAPTER-II
GRAM SABHA
3. Declaration of Sabha area.- (1) The Government may, by
notification, declare any village or group of contiguous villages with a
population of not less than one thousand and not more than five thousand to
constitute one or more Sabha areas for the purposes of this act and also
specify its headquarter:
Provided that in a Scheduled area the Government may by order
declare any village or group of contiguous villages with a population of less
than one thousand to constitute a Sabha area:
Provided further that the Government may, after having due regard of
the geographical location, lack of means of transport and communication and
administrative convenience, declare an area comprising a village or group of
contiguous villages having a population either less than one thousand or more
than five thousand to constitute a Sabha area.
(2) The Government may, at the request of the Gram Sabha concerned
or otherwise, and after previous publication of a proposal by a notification, at
any time,-
(a) increase any Sabha area by including within such Sabha area
any village or group of villages; or
(b) diminish any Sabha area by excluding from such Sabha area
any village or group of villages; or
(c) alter the headquarter of any Sabha area; or
(d) alter the name of any Sabha area; or
(e) declare that any area shall cease to be a Sabha area:
1[ XXXXXXXXXXXXXXXXX]
1. Clause (46-A) added vide H.P. Act No. 4 of 2001, effective from 15th November,
2000.
20 THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
2[(2-A) When on account of the reason that the Sabha area is, during
the term of the Gram Panchayat, increased or diminished or ceased under sub-
section (2), the increase or diminution or cessation of the Sabha area shall not
affect the term of the office bearers of Gram Panchayat, till the expiration of
the duration of the Gram Panchayat specified in sub-section (1) of section 120
or its dissolution under section 140 of this Act.]
(3) If the whole of the Sabha area is included in a municipality, the
Sabha area shall cease to exist and its assets and liabilities shall in the manner
prescribed be disposed of.]
3[3-A. Diminution of the Sabha area not to affect the term of
certain office bearers.- Notwithstanding anything to the contrary contained
in this Act, but subject to the provision of sub-section (2-A) of section 3,
when on account of reason that the Sabha area or the portion thereof is
included in a municipality or a portion of municipality excluded therefrom is
included in a Sabha area, during the term of the office of the office bearers of
a Panchayat Samiti or Zila Parishad, such increase or diminution of the Sabha
area, shall not affect the term of the office bearers of the Panchayat Samiti or
Zila Parishad, till the expiration of its duration specified in sub-section (1) of
section 120 of this Act or its dissolution under section 140 of this Act.]
4. Establishment of Gram Sabha.- (1) The Government may, by
order, establish a Gram Sabha by name in every Sabha area.
(2) For every Gram Sabha established under sub-section (1), there
shall be a list of voters which shall be prepared in accordance with the
provisions of this Act and the rules made thereunder.
(3) Every person who is qualified to be registered in the Legislative
Assembly roll relatable to the Sabha area or whose name is entered therein
and is ordinarily resident within the Gram Sabha area shall be entitled to be
registered in the list of voters of that Sabha area:
Provided that no person shall be entitled to be registered in the list of
voters for more than one Sabha area:
4[Provided further that no person shall be entitled to be registered in
the list of voters of a Sabha area if he is already registered as a voter in a
Municipality.]
Explanation-I.- The expression “ordinarily resident” shall have the
meaning assigned to it in section 20 of the Representation of the People Act,
1950 (43 of 1950) subject to the modification that reference to “Constituency”
therein will be construed as a reference to “Sabha area”.
1. Proviso omitted vide H.P. Act No. 10 of 1997, effective from 16th January, 1997.
2. Sub-section (2-A) added vide H.P. Act No. 10 of 1997 and further substituted
vide H.P. Act No. 10 of 2002.
3. Section 3-A added vide H.P. Act No. 10 of 1997, effective from 16th January,
1997.
4. Second Proviso added vide H.P. Act No. 15 of 2010.
THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994 21
Explanation-II.- A person shall be disqualified for registration in the
list of voters of Sabha area if he is disqualified for registration in the
Legislative Assembly roll.
5. Meeting and quorum of Sabha.- (1) Every Sabha shall hold 1[four
general meetings in each year and every meeting shall held 2[in the months of
January, April, July and October]. It shall be the responsibility of the Pradhan
to convene such meetings:
3[Provided that the general meetings of Gram Sabha shall be held in
such a manner that all the Gram Panchayats are covered in a District in each
of such months. The District Panchayat Officer concerned shall notify Gram
Panchayat-wise dates for the Gram Sabha meetings within the District:]
Provided that the Pradhan may, at any time or upon a requisition in
writing of not less than one-fifth of the members of the Gram Sabha or if
required by the Panchayat Samiti, Zila Parishad or the Deputy Commissioner,
shall, within 30 days from the receipt of such requisition, call an extraordinary
general meeting:
Provided further that where a Pradhan fails to convene the meetings
under this sub-section, the prescribed authority shall convene such meetings
within a period of thirty days.
(2) The time and place of all the meetings of the Gram Sabha shall be
published in the prescribed manner.
(3) For any general meeting of the Gram Sabha, 4[representation of at
least 5[one-fourth] of the total number of families represented by one or more
members of the Gram Sabha] shall form a quorum and decision will be taken
by a majority of members present and voting:
Provided that for a meeting adjourned for want of quorum,
6[representation of at least one-fifth of the total number of families
represented by one or more members of the Gram Sabha] shall be required for
holding the adjourned meeting.
(4) The meeting of the Gram Sabha shall be presided over by Pradhan
or in absence of Pradhan by Up-Pradhan. In the event of both Pradhan and
Up-Pradhan being absent, the meeting of Gram Sabha shall be presided over
1. Substituted for the words “two general meetings in each year, one in the summer
and the other in the winter” vide H.P. Act No. 4 of 2001, effective from 15th
November, 2000.
2. Substituted for the words “on the first Sunday of January, April, July and on
second October” vide H.P. Act No. 15 of 2015.
3. Existing first proviso deleted vide H.P. Act No. 4 of 2001, effective from 15th
November, 2000 and again inserted vide H.P. Act No. 15 of 2015..
4. Substituted for the words “one-fifth of the total number of its members” vide H.P.
Act No. 4 of 2001, effective from 15th November, 2000.
5 . Substituted for the word and sign “one-third” vide H.P. Act No. 9 of 2016.
6. Substituted for the words “at least one-tenth of the total number of its members”
vide H.P. Act No. 4 of 2001, effective from 15th November, 2000.
22 THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
by a member of the Gram Sabha to be elected for the purpose by the majority
of members present in the meeting.
1[5-A. Agenda.- (1) Every member of the Gram Panchayat shall, in
respect of his ward, prepare agenda items in consultation with the Sabha
members of such ward and shall submit the same to the Pradhan and the
Secretary at least thirty days prior to the date of meeting of the Gram Sabha.
(2) Any department, other agency or organization shall submit its
items, if any, to the Pradhan and the Secretary at least thirty days prior to the
date of meeting of the Gram Sabha.
(3) The Secretary shall compile the agenda items received under sub-
sections (1) and (2) and shall circulate the same, in the manner as may be
prescribed, along with the notice of meeting.]
2[5-B. Constitution of Mahila Gram Sabha.- (1) There shall be a
Mahila Gram Sabha in every Gram Sabha. The Mahila Gram Sabha shall hold
two meetings, first on 8th March and second on first Sunday of September in
each year which shall be convened by the Mahila Pradhan or in her absence
by the Mahila Up-Pradhan and in the absence of both, by the senior Mahila
Member of the Gram Panchayat.
(2) The meeting of Mahila Gram Sabha shall be presided over by the
Mahila Pradhan or in her absence by the Mahila Up-Pradhan and in the
absence of both, by the senior Mahila Member of the Gram Panchayat. In the
meeting, the issues relating to women and children and issues pertaining to
overall development of Gram Panchayat shall be discussed and decision taken
in the meeting shall be placed in the meeting of the Gram Sabha for further
appropriate action.]
6. Defect or omission in enrolment of members not to vitiate act
or proceedings of the Gram Sabha.- No defect or omission in the enrolment
of a member shall vitiate any act or proceeding of a Gram Sabha, if not less
than two-thirds of the members at the time, the act is done, or the proceedings
are taken, were duly qualified members thereof.
7. Functions of Gram Sabha.- (1) the Gram Sabha shall perform the
following functions, namely:-
(a) mobilise voluntary labour and contribution in kind and cash
for the Community Welfare Programmes;
(b) identification of beneficiaries for the implementation of
developmental schemes pertaining to the village;
(c) rendering assistance in the implementation of developmental
schemes pertaining to the village;
1. Section 5-A inserted vide H.P. Act No. 17 of 2005, effective from 30th May,
2005.
2. Section 5-B inserExcerpt shown. Open the full act in Lexace.