(Received the assent of the Governor, Himachal Pradesh on 22nd April, 1994 )

Provisions in the Act :

Gram Sabha :

• 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.

Meeting and quorum of Sabha :  (1) Every Sabha shall hold ( a ) [four general meetings in each year and every meeting shall held ( b )[ in the months of January, April, July and October.] It shall be the responsibility of the Pradhan to convene such meetings. 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 one-third 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 of the Gram Sabha. (3) The Secretary shall compile the agenda items received under subsections (1) and (2) and shall circulate the same, in the manner as may be prescribed, along with the notice of meeting.

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.

Functions of Gram Sabha:

The Gram Sabha shall perform the following functions, namely:-
( 1)(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; approve plans, programmes and budget, prepared by the Gram Panchayat, for economic development and social (d) seek clarifications from the Pradhan, Up-Pradhan and members of the Gram Panchayat about any particular activity, scheme, income and expenditure;

(2) The Gram Sabha shall consider the following matters, and make recommendations and suggestions to the Gram Panchayat, namely:- (a) the annual statement of accounts of the Gram Panchayat, the report of the administration of the preceding financial year and the last audit note and replies, if any, made thereto; (b) the report in respect of development programmes of the Gram Panchayat relating to the preceding year and development programmes proposed to be undertaken during the current year; (c) the promotion of unity and harmony among all sections of society in the village; (d) the programme of adult education within the village; (e) any other matter which the Panchayat Samiti, Zila Parishad, the Deputy Commissioner or any other officer authorised in this behalf may require to be placed before the Gram Sabha; and (f) such other matters as may be prescribed.

(3) The Gram Panchayat shall give due consideration to the recommendations and suggestions of the Gram Sabha.

(4) The Gram Sabha may also form one or more vigilance committee(s) consisting of not less than five persons, who are not members of the Gram Panchayat, to supervise the Gram Panchayat works, schemes and other activities and to put up reports concerning them in its meeting and shall also send a copy of the said report to such an authority as may be prescribed for this purpose.

Constitution of the Up-Gram Sabha:  (1) There shall be a Up-Gram Sabha for each ward of a Gram Sabha. (2) All members of the Gram Sabha residing within the area of the ward shall be members of the Up-Gram Sabha. (3) Every Up-Gram Sabha shall hold two general meetings in each year, and it shall be the responsibility of the member of the Gram Panchayat representing the ward to convene such meetings. The meeting of the Up-Gram Sabha shall be presided over by the member of the Gram Panchayat representing the ward, who shall also record the proceedings. (4) The time and place of the meetings of the Up-Gram Sabha shall be fixed and notified by the member of the Gram Panchayat representing the ward. (5) The Up-Gram Sabha shall nominate its members to represent it in the general meeting of the Gram Sabha and these members shall be nominated in a manner so that [50%] of the total families residing in the area of the ward get nominated provided that [ one-half] of the nominations shall be of women, provided that this nomination shall not debar any member of Up Gram Sabha from attending the general meetings of the Gram Sabha. (6) The Up-Gram Sabha may deliberate on issues relating to its area and make recommendations to the Gram Panchayat or Gram Sabha.

Gram Panhcyat :  

There shall be a Gram Panchayat for a Gram Sabha and every Gram Sabha shall, in the prescribed manner, elect from amongst its members [Pradhan and Up-Pradhan Committee called the Gram Panchayat consisting of such number of persons not being less than seven and more than fifteen, including [Pradhan and Up Pradhan]
Functions of Gram Panchayat : (1) The Gram Panchayat shall perform the functions specified in Schedule-I. (2) Notwithstanding anything contained in this Act the State Government may, by general or special order, entrust to the Gram Panchayat preparation of plans and implementation of schemes for economic development and social justi [including those matters specified in Schedule-II and the Gram Panchayat shall perform such functions. (3) The State Government may, by general or special order, add to any of the functions of the Gram Panchayat or withdraw the functions and duties entrusted to such a Gram Panchayat, when the State Government under takes the execution of any of the functions entrusted to the Gram Panchayat, the Gram Panchayat shall not be responsible for such functions so long as the State Government does not re-entrust such functions to the Gram panchayat. (4) The Government may, by notification and subject to such conditions as may be specified therein - (a) transfer to any Gram Panchayat the management and maintenance of a forest situated in the Gram Sabha area ;. (5) A Gram Panchayat shall have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted, assigned or delegated to it and, in particular, and without prejudice to the foregoing powers, to exercise all powers specified under this Act.
Registration of cattle and maintenance of record : (1) Head of every family shall be responsible to give or cause to be given, either orally or in writing, the details of cattle owned by his family to the concerned Pradhan or the Panchayat Secretary of the Gram Panchayat, within a period of one month from the commencement of the Himachal Pradesh Panchayati Raj (Amendment) Act, 2006, and thereafter every time as and when any change in the number of cattle takes place by any reasons.

Power to make general orders :  A Gram Panchayat may by general order to be published in the manner prescribed, - (a) prohibit the use of water of a well, pond or other excavation suspected to be dangerous to the public health; (b) regulate or prohibit the watering of cattle or bathing or washing at or near wells, ponds or other excavations reserved for drinking water; (c) regulate or prohibit the steeping of hemp or any other plant in or near ponds or other excavations within two hundred and twenty metres of the residential area of a village; (d) regulate or prohibit the dyeing or tanning of skins within four hundred and forty meters of the residential area of a village; (e) regulate or prohibit the excavation of earth or stone or other materials, within two hundred and twenty meters of the residential area of a village: Provided that nothing shall be done under this clause to prevent excavations meant to be filled by the foundation of buildings or other structures; (f) regulate or prohibit the establishment of brick kilns and charcoal kilns within eight hundred and eighty meters and pottery kilns within two hundred and twenty metres of the residential area of a village; (g) direct that the carcasses of all animals dying within the village, except animals slaughtered for consumption shall not be disposed of within a radius of four hundred and forty metres of the residential area of the village; (h) regulate the construction of new buildings or the extension or alterations of any existing building or the abadi; (i) regulate with the previous permission of the Government, the parking of public vehicles.

Power to contract for the collection of taxes and other dues : A Gram Panchayat may, notwithstanding any law to the contrary, in respect of any area within its jurisdiction, enter into contract with the Government or a local body to collect land revenue or any tax or dues payable to the Government or a local body on being allowed such collection charges as may be prescribed. A Gram Panchayat may also within its jurisdiction, enter into a contract with all or any of the land owners to collect rent on his or their behalf on being allowed by the landowner such collection charges as may be prescribed.

Panchyat Samiti :

For each Block there shall be a Panchayat Samiti, having jurisdiction, over the entire block excluding such portions of the block as are included in a Municipality constituted under any law for the time being in force.

Election of Chairman and Vice-Chairman of Panchayat Samiti : 

 (1) After the declaration of result of election of the elected members of the Panchayat Samiti in the prescribed manner, the Deputy Commissioner concerned or any Gazetted Officer appointed by him in this behalf shall as soon as possible but not later than one week of such declaration call under his Presidentship a meeting of all elected members for the purpose of oath, or the affirmation of allegiance under section 127.

(2) Immediately after oath or affirmation of allegiance under section 127 is administered or made, the elected members of a Panchayat Samiti shall, in the prescribed manner, elect one of its members to be the Chairman and another member to be the Vice-Chairman of the Panchayat Samiti [Provided that if the office of the Chairman or Vice-Chairman, as the case may be, is vacated or falls vacant during the tenure on account of death, resignation or no-confidence motion, a fresh election within a period of two months from the date of occurrence of vacancy shall be held from the same category, in the prescribed manner.

Functions of the Panchayat Samiti : (a) Integrated Rural Development, Agriculture, Social Forestry, Animal Husbandry and Fisheries, Health and Sanitation, Adult Education, Communication and Public Works, Co-operation, Cottage Industries, Welfare of Women, Youth and Children, Welfare of disabled and the destitutes and welfare of Backward Classes, family planning and sports and rural employment programmes; (b) provision of emergency relief in cases of distress caused by fires, floods, drought, earthquake, scarcity, locust, swarms, epidemics and other natural calamities; (c) arrangement in connection with local pilgrimage and festivals; (d) management of public ferries; (e) management of public markets, public melas and exhibitions; and (f) any other function with the approval of the State Government or Zila Parishad.

Zila Parishad :

Establishment of Zila Parishad : 

(1) For each district there shall be a Zila Parishad, having jurisdiction, over the entire district excluding, such portions of the district as are included in a Municipality constituted under any law for the time being in force.

Constitution of Zila Parishad.- (1) Every Zila Parishad shall consist of- (a) the directly elected members from territorial constituencies in the district as determined under this Act; (b) the Members of the House of People and the Members of the State Legislative Assembly representing a part or whole of the district whose constituencies lie within the district; (c) the members of the Council of States, where they are registered as electors within the district; and (d) the Chairmen of all Panchayat Samitis in the district shall be selected by rotation for such period as the prescribed authority may determine, by lot. Subject to the condition that a Chairman who was a member under this clause for one term shall not be eligible to become member for a second term during the remainder of his term of office as the Chairman of Panchayat Samiti.

(2) The number of elected members of a Zila Parishad under clause (a) of sub-section (1) shall consist of persons elected from the territorial constituencies in the district as may be notified from time to time by the Government at the rate of one member for every [twenty five thousand] population or part thereof : Provided that in a district having population of not exceeding  [two lakhs and fifty thousand], there shall be minimum of ten elected members in a Zila Parishad: Provided further that the Government may irrespective of the population of the district, declare, by a notification, that the provisions of this section shall apply to a Zila Parishad in a scheduled area, subject to such exceptions and modifications as may be specified by it in such a notification.

(3 ) Seats shall be reserved in the Zila Parishad- (a) for the Scheduled Castes; and (b) for the Scheduled Tribes; and number of seats so reserved shall bear, as nearly may be, the same proportion to the total number of seats to be filled by direct election in the Zila Parishad as the population of the Scheduled Castes in the district or of the Scheduled Tribes in the district bears to the total population of the district.

Disputes relating to election :

State Election Commission : (1) There shall be a State Election Commission constituted by the Governor for superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayat bodies in the State under this Act and the rules made thereunder. The Commission shall consist of a State Election Commissioner to be appointed by the Governor.

 (2 ) The Governor shall, when so requested by the State Election Commissioner make available to him such staff as may be necessary for the discharge of the functions conferred on him under this Act.

Deputation of staff and punishment on breach of official duty.-

(1) The State Government shall depute staff from Government or Semi Government Organizations of the State Government for the conduct of all elections to the Panchayat bodies, and the officers or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of all elections shall be deemed to be on deputation with the State Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the State Election Commission.

(2) If any person deputed on election duty under sub-section (1), disobeys any orders issued by an officer appointed to conduct the election under this Act regarding the performance of an election duty or deliberately abstains himself from duty or contravenes any provisions of this Act and the rules made thereunder, he shall be punishable with fine which may extend to five hundred rupees. Officer authorised to hear election petitions.- The election petitions under this Act shall be heard- (i) in the case of Gram Panchayats and Panchayat Samitis, by the Sub-Divisional Officer; and (ii) in the case of  [members of] Zila Parishads, by the Deputy Commissioner; and  [(iii) in the case of Chairman and Vice-Chairman of Zila Parishad, by the Commissioner.

Grounds for declaring election to be void :  If the authorized officer is of the opinion- (a) that on the date of his election the elected person was not qualified, or was disqualified to be elected under this Act; or (b) that any corrupt practice has been committed by the elected person or his agent or by any other person with the consent of the elected person or his agent; or (c) that any nomination has been improperly rejected; or (d) that the result of the election, in so far as it concerns the elected person, has been materially affected- (i) by the improper acceptance of any nomination, or (ii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or (iii) by any non-compliance with the provisions of this Act or of any rule made under this Act, the authorized officer shall declare the election of the elected persons to be void.