Himachal Pradesh Panchayati Raj (Amendment) Act, 2015 Complete Act - Bare Act

THE HIMACHAL PRADESH PANCHAYATI RAJ (AMENDMENT) ACT, 2015

(As Assented to by the Governor On 10th MAY, 2015)

An Act further to amend the Himachal Pradesh Panchayati Raj Act, 1994 (Act No. 4 of 1994)

Be it enacted by the Legislative Assembly of Himachal Pradesh in the Sixty-sixth Year of the Republic of India as follows:-

1. Short title.-

This Act may be called the Himachal Pradesh Panchayati Raj (Amendment) Act, 2015.

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 (19), the following new clause (19-A) shall be inserted, namely:-

(19-A) Mahila Gram Sabha means a Mahila Gram Sabha constituted under section 5-B of this Act ; and

(b) after clause 21, the following new clause (21-A) shall be inserted, namely:-

(21-A) near relative means any person who is related to the office-bearer of the Panchayat which includes, father, mother, grand-father, grand-mother, wife, husband, father-in-law, mother-in-law, maternal or paternal unlce, son, grand-son, daughter, grand-daughter, son-in-law, daughter-in-law, brother, brother-in-law, nephew, niece, sister or sister s husband: .

3. Amendment of section 5.

In section 5 of the principal Act, in sub-section (1) for the words and signs on the first Sunday of January, April, July and on second October , the words and signs in the moths of January, April, July and October shall be substituted, and after sub-section (1) as so amended, the following new proviso shall be inserted, namely:-

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: .

4. Insertion of new section 5-B.-

After Section 5-A of the principal Act, the following section shall be inserted, namely:-

5-B. Constitutin 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.

5. Amendment of section 7.

In section 7 of the principal Act, after sub-section (4), the following proviso shall be inserted, namely:-

Provided that no person shall be chosen as member of the vigilance committee who is a near relative of the office-bearer of Gram Panchayat:

6. Amendment of section 8.

In section 8 of the principal Act, in sub-section (2), for the existing first, second and third provisos, the following proviso shall be substituted, namely:-

Provided that where there is no eligible candidate belonging to the Schedule Caste or Scheduled Tribes to be elected as member of the Gram Panchayat no seat shall be reserved for Scheduled Castes or Scheduled Tribes.

7. Amendment of section 11-A.

In section 11-A of the principal Act, in sub-section (5) for the words there hundred and five hundred , the words five hundred and Seven hundred shall respectively be substituted.

8. Amendment of section 99.

In section 99 of the principal Act, in sub-section (5), for the words Executive Officer , the words Secretary shall be substituted.

9. Amendment of section 122.

In section 122 of the principal Act, in sub-section (1), in clause (c), for the Explanation, the following Explanation shall be substituted, namely:-

Explanation. For the purpose of this clause the expression family member shall mean grand-father, grand-mother, father mother, spouse, son(s), unmarried daughter (s) : or .

10. Amendment of section 131.

In section 131 of the principal Act, in sub-section (4), after the words occurred in his office , the words for which a formal order shall be issued accordingly by the District Panchayat Officer shall be inserted.

11. Amendment of section 144.

In section 144 of the principal Act, -

(a) in sub-section (1), the words or paid shall be omitted: and

(b) in sub-section (2), the words or pay the money shall be omitted.