THE HIMACHAL PRADESH PANCHAYATI RAJ (AMENDMENT) ACT, 2014
Act No.1 of 2015
(As assented to by the Governor on 19th January, 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-fifth Year of the Republic of India as follows:
1. Short title and commencement.
(1) This Act may be called the Himachal Pradesh Panchayati Raj (Amendment) Act, 2014.
(2) It shall be deemed to have come into force on 20th day of September, 2014.
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 new clause (13-A) shall be inserted and existing clauses (13-A) and (13-B) shall respectively be renumbered as (13-B) and (13-C), namely:-
“(13-A) “Chief Executive Officer” means Chief Executive Officer of Panchayat Samiti or Zilla Parishad appointed under section 134 of this Act, and
(b) in clause (27-A), for the words “by the Gram Panchayati”, the words “by the Panchayat” shall be substituted.
3. Substitution of section 134.
For section 134 of the principal Act the following section shall be substituted, namely:-
“134. Appointment of Chief Executive Officer and Secretary of Panchayat Samiti and Zilla Parishad. – (1) In every Panchayat Samiti, the Block Development Officer and in every Zila Parishad, the officer appointed by the Government, shall be its Chief Executive Officer. The Panchayat Inspector shall be the Secretary of Panchayat Samiti and the District Panchayat Officer shall be the Secretary of Zila Parishad.
(2) Save as otherwise expressly provided by or under this Act, the Chief Executive Officer shall –
(a) exercise all the powers specifically imposed or conferred upon him by or under this Act or under any other law for the time being in force.
(b) supervise and control officers and officials of the Panchayat Samiti or Zila Parishad as the case may be, in accordance with the rules made by the Government.
(c) supervise and control the execution of all works,
(d) take necessary measures for the speedy execution of all works and developmental schemes,
(e) co-ordinate between the Panchayat Samiti and Block level offices of the concerned departments and shall ensure timely execution of resolutions of the Panchayat Samiti or Zila Parishad, as the case may be.
(f) attend every meeting of the Panchayat Samiti or Zila Parishad, as the case may be and the meeting of any other committee thereof and to take part in the discussion, but shall not have the right to move any resolution or to vote, and
(g) exercise such other powers and discharge such other functions as may be entrusted to him by the Panchayat Samiti or Zila Parishad or State Government.
(3) Save as otherwise expressly provided by or under this Act, the Secretary shall –
(a) exercise all the powers specifically imposed or conferred upon him by or under this Act or under any other law for the time being in force.
(b) supervise execution of all works.
(c) have custody of common seal and all papers and documents connected with the proceedings of the meetings of the Panchayat Samiti or the Zila Parishad and of its Standing Committees and other Committees.
(d) draw and disburse money out of the Panchayat fund.
(e) attend every meeting of the Panchayat Samiti or Zila Parishad and the meeting of any other Committee thereof and to take part in the discussion but shall not have the right to move any resolution or to vote. If in his opinion any proposal before the Panchayat Samiti or the Zila Parishad is in contravention or is inconsistent with the provisions of this Act, or any other law, rule or order made thereunder, it shall be his duty to bring the same to the notice of the Panchayat Samiti or the Zila Parishad, as the case may be.
(f) record proceedings of the meetings of Panchayat Samiti or Zila Parishad and its Committees, and
(g) exercise such other powers and discharge such other functions as may be entrusted to him by the Panchayat Samiti or Zila Parishad from time to time.
(4) Every person in possession of moneys, accounts, records or other property pertaining to Gram Panchayat or Panchayat Samiti or Zila Parishad shall on the requisition for this purpose in writing of the officer referred to in sub-section (1), forthwith hand over such moneys or deliver such accounts, records or other property to the said officer or the person authorized by him in the requisition to receive the same.”
4. Repeal of H.P. Ordinance No.5 of 2014 and savings.
(1) The Himachal Pradesh Panchayati Raj (Second Amendment) Ordinance, 2014 is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the correspondent provisions of this Act. |
