THE HIMACHAL PRADESH PANCHAYATI RAJ(GENERAL) RULES, 1997

Rule Contents

1. Short title and commencement.

2. Definitions.
3. Disposal of assets and liabilities of Gram Sabhas.
4. Amalgamation of Panchayats.
5. Bifurcation and Reorganization of Panchayats.
6. Appeal.
7. Prescribed Authority to relax the period and convene the meeting of Gram
Sabha.
8. Place of meeting.
9. Manner of notice of meeting under section 5(2)
10. Register of proceedings.
11. Copy of the proceedings to be sent to BDO.
12. Confirmation of proceedings.
13. Resolutions.
14. Transaction of business.
15. Continuance of meeting.
16. Regulation of conduct of business.
17. Business to be transacted at extra-ordinary meeting.
18. Functions of Gram Sabha.
19. Report of Vigilance Committee.
20. Population figures for the purpose of section 8(1).
21. Pariwar Register and registration of births, deaths and marriages.
22. Oath of office and first meeting of the Gram Panchayat.
23. Prescribed authority for the purposes of section 9(1).
24. Time and place of meeting.
25. Notice of meeting.
26. Contents of notice.
27. Procedure for recording proceeding of meeting.
28. Presiding over the meeting of the Gram Panchayat.
29. Order of business.
30. Resolution.
31. Resolution or propositions before Gram Panchayat.
32. Special powers of the Pradhan .
33. Delegation of powers.
34. Records and Register of the Gram Panchayat.
35. Duties of Panchayat Secretaries.
36. Recovery of costs under sub-section (2) of section 12 of the Act and recovery
of fine under section 22(3)
37. Publication of general orders under section 13 of the Act.
38. Prescribed authority under section 14(1) of the Act.
39. Procedure for introducing prohibition.
40. Power to manage fair and markets.
41. Prescribed Authority under section 21.
42. Co-option of members for standing committees.
43. Joint Committees.
44. Prescribed authority for the purpose of sub-section (2) of section 25.
45. Maintenance and improvement of schools.
46. Establishment of School Hospitals and Dispensaries for group of Gram
Panchayats.
47. Assistance to the Government servants.
48. Power to take over management of Institution etc.
49. Institutions of suits and cases under section 53 of the Act and constitution of
bench under section 54 of the Act.
50. Issue of notice and process by Gram Panchayat.
51. Examination of parties and their witnesses under section 54(3) of the Act.
52. Examination of women on commission (proviso of section 66).
53. enquiry into question of title or right.
54. Return of documents.
55. Judgment or decree.
56. Disposal of cases pending on death of any party.
57. Payment of fine or compensation.
58. Language of Gram Panchayat.
59. Limitation of period for disposal of a case.
60. Weekly list of cases to be notified .
61. No fee for enquiring date of hearing.
62. Seal of Gram Panchayat.
63. Fees for institution of suits etc.
64. Fee on certificate of execution.
65. Application for copy of records & fee thereon.
66. Copying fee.
67. Preparation and delivery of the copy.
68. Credit and disbursement of fees.
69. Summons to person to attend or produce a document.
70. Summon to produce document.
71. Person exempted from attendance in Court not to be summoned.
72. Service of summons.
73. Service fee.
74. Person charged with process serving.
75. Method of service within jurisdiction.
76. Method of service on Government or Semi-Government servants.
77. Method of serving out side jurisdiction.
78. Procedure of summon issued under rule 77.
79. Diet money from Sabha fund.
80. Refusal to summon a witness.
81. Definition of diet money.
82. Rate of daily and travelling allowance.
83. Register of money and issue of receipt.
84. Power of investigation under section 60(2).
85. Application for execution of decree under section 71 of the Act.
86. Recovery of finds under section 72.
87. Duty of police towards Gram Panchayats under section 74.
88. Proceeds of fees and fines etc. under section 75.
89. Registers to be maintained by Gram Panchayat.
90. Consigning of records in the general record room of the District.
91. Inspection of pending records.
92. Inspection fee.
93. Place and time for inspection.
94. General prohibition and directions for inspections.
95. Filing of papers of Missal bandi procedure.
96. Prescribed authority for the purpose of section 78(1) (d) and for the purpose of
proviso to sub-section (3) of section 80 of the Act.
97. Conduct of the business and proceedings of the meeting.
98. Resolution.
99. Suspension of sitting and maintenance of order.
100. Implementation of Resolution of the Panchayat Samiti.
101. Duty of Panchayat Samiti towards developmental schemes.
102. Standing Committee section 84 and 85.
103. Prescribed authority for the purpose of proviso of clause (d) of sub-
section(1) of section 89 of the Act.
104. Prescribed authority for the purpose of proviso to sub-section (3) of section
91 of the Act.
105. Conduct of the business and proceedings of the meeting.
106. Resolutions.
107. Suspension of sittings and maintenance of order.
108. Implementation of resolution of the Zila Parishad.
109. Duty of Zila Parishad to watch developmental schemes.
110. Functions of Standing Committees under section 96.
111. Suit on behalf of Panchayats (Section 119).
112. Duty of Panchayats in cases of disputes.
113. Report and legal advice on a notice of suit or suits.
114. Copy of the judgement to be procured.
115. Copy of the judgement to place before the Panchayat.
116. Officers to submit report and recommendations for appeal or to close the
case .
117. Appeal, revision or review by opposite party.
118. Payment of money in a suit which is not to be contested.
119. Recovery of amount and costs.
120. To ascertain the property of judgement debtor and to prevent the same
from fraudulent allienation.
121. Lease or sale of any property or public place(section 119).
122. Mode of publicity.
123. Prescribed Authority under Section 123.
124. Publication and results.
125. Prescribed Authority under section 127(2).
126. Disposal of property or public place otherwise than by sale or lease.
127. No confidence motion against Pradhan or Up-Pradhan Section 129(1).
128. No confidence motion against Chairman & Vice-Chairman of Panchayat
Samiti and Zila Parishad [Section 129(2)].
129. Meeting to be convened within 15 days.
130. Failure to convene meeting.
131. Notice of meeting.
132. Defeat of motion.
133. Matters to be included in the proceedings.
134. Voting.
135. Resignation of Office bearers (Section 130 of the Act).
136. Casual Vacancy.
 137. Other officers and servants of Panchayats(section 135 of the Act).
138. Power to suspend execution of order etc. of a Panchayat [Sub-section (1)
of Section 138 of the Act].
139. Prescribed Authority for directing Panchayat for execution of works in
certain cases (section 139 of the Act).
140. Liability of office bearers etc. for loss, misappropriation (Section 142 of
the Act).
141. Power to recover records, articles and money (Section 145 of the Act).
142. Suspension of office bearers of Panchayats(Section 144 of the Act).
143. Appeal and Revision (Section 148 of the Act).
144. Prescribed Authority to grant permission under section 151.
145. Prescribed Authority to assess damages.
146. Bye-laws (Section 187 of the Act).
147. Procedure when office bearer has pecuniary interest in subject under
consideration of meeting of Panchayats.
148. Mode of service.
149. Proceedings and record of Panchayats open to inspection (Section 195 of
the Act).
150. Repeal and savings.
Forms 1-34.

GOVERNMENT OF HIMACHAL PRADESH

PANCHAYATI RAJ DEPARTMENT

NOTIFICATION

Shimla-171 009, the 25th November, 1997

No. PCH-HA(3)1/94-19181-362.- In exercise of the powers conferred by

section 186 of the Himachal Pradesh Panchayati Raj Act, 1994 (Act No. 4 of 1994),
the Governor, Himachal Pradesh, for the purpose of the said Act, is pleased to make
the following rules, which have already been published on 8th October, 1997 in the
Himachal Pradesh Rajpatra (Extra-ordinary):-
 RULES
CHAPTER-1
PRELIMINARY

1. Short title and commencement.-(1) These rules may be called the Himachal
Pradesh Panchayati Raj (General) Rules, 1997.

(2) They shall come into force at once.

2. Definitions.- (1) In these rules, unless there is anything repugnant in the subject or
context:-

(a) “Act” means Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994);
(b) “Block Development Officer” means an officer, by whatever name
called, appointed by the Government to perform the functions of the
Block Development Officer of a block;
1
(bb) “bonafide resident” means a person who has a permanent home in
Himachal Pradesh and includes a person who has been residing in
Himachal Pradesh for a period of not less than 25 years or a person who
has permanent home in Himachal Pradesh but on account of his
occupation he is living outside Himachal Pradesh.
(c) “District Panchayat Officer” means an officer, by whatever name called,
appointed by the Government to perform the functions of the District
Panchayat Officer;
(d) “Form” means a Form appended to these rules;
(e) “Financial Year” means a year commencing on the first day of April and
ending on 31st day of March of succeeding calendar year;
(f) “Section” means a section of the Act.

(2) The words and expressions used in these rules but not defined shall have the
same meanings as have been assigned to them in the Act.

1
Amendment vide notification No. PCH-HA(1)1/92-II dated 17th November, 2006.
 CHAPTER-II
SABHA AREAS AND ESTABLISHMENT AND CONSTITUTION
OF GRAM SABHAS

3. Disposal of assets and liabilities of Gram Sabhas.- (1) If whole of the Sabha
area is included in a municipality, all rights, obligations, property, assets and
liabilities, if any, whether arising out of any contract or otherwise shall vest in the
municipality.

(2) If any village, sub-village, or patti thereof, wherein immovable property is located
is excluded from the Sabha area and included in the limits of municipality, the
immovable property of the transferred area of that Gram Sabha may be transferred to
the municipality and either the municipality or the Government shall pay to the Gram
Panchayat concerned such compensations in lieu of immovable property, not lesser
than the market values, as may be determined by the Government or the officer
authorised by it, in this behalf. In case of income generating assets transferred to the
municipality, the municipality shall continue to pay 50% of the net income accrued
from such assets or more as may be determined by the Government, or the officer
authorised by it, to the Gram Panchayat.

4. Amalgamation of Panchayats.- Where two or more Panchayats are amalgamated,

the assets and liabilities of the amalgamated Panchayats shall vest in and be
transferred to the newly established Panchayat.

5. Bifurcation and Re-organization of Panchayats.- Where a Panchayat is divided

and re-organised, its assets and liabilities shall vest in and be transferred to the
Panchayats established in its place. The Deputy Commissioner shall divide the assets
and liabilities as per sub-section (4) of section 200, in the following manner,
namely:-
 (a) Sabha fund shall be determined on the date of bifurcation or re-
organization of Panchayats and shall be distributed between the
Panchayats in proportion to their population.

Provided that the Grant-in-aid sanctioned to the Panchayat by the Government

before re-organization or bifurcation will be divided between the re-organized or
bifurcated Gram Sabhas in such a way that the Grant-in-aid for the scheme falling in
a Panchayat will be given to that Panchayat.

Explanation.- If some schemes where in progress in the Panchayat before re-

organization /bifurcation same schemes have fallen in the jurisdiction of the other
Panchayat, the whole of grant-in-aid or so much of it which remains to be un-utilized
will be transferred to the Panchayat in whose jurisdiction the scheme falls.

(b) If division of movable assets is viable, it shall be divided between the re-
organized and bifurcated Gram Sabhas on the basis of their percentage of
population, and if the division of the movable assets is not viable, in that
event the Sate Government shall give Grant-in-aid to the newly created
Gram Sabha the amount of which will be determined by the Deputy
Commissioner.

(c) The immovable property shall remain with the Panchayat in whose
jurisdiction it is situated after re-organization/bifurcation of the Sabha
area. But the Gram Panchayat affected thereby shall be compensated by
giving share in the movable property commensurate with the value of the
immovable property to which it is entitled. In case the affected Panchayat
cannot be compensated by the other Panchayat due to non-availability of
adequate movable property, in that event, the Sate Government shall give
such amount of compensation to the affected Panchayat which may be
determined by the Deputy Commissioner.
 (d) Income generating assets shall remain with that Panchayat in which these
are situated after-re-organization/bifurcation of Sabha areas, but the net
income accrued from such assets shall be divided between the
Panchayats in proportion to their population unless one time settlement
can take place.

(e) Liabilities of the bifurcated/re-organized Panchayat will be shared in

proportion to their population provided that if the liability is due to
immovable assets the same shall lie on that Panchayat in whose
jurisdiction that immovable property is situated.

6. Appeal.- If the decision of the Deputy Commissioner, under rule 5, is not

acceptable to any Panchayat, it may appeal to the Director, Panchayati Raj within
thirty days from the date on which assets and liabilities have been apportioned by the
Deputy Commissioner and the orders of the Director shall be final.

7. Prescribed Authority to relax the period and convene the meeting of Gram
Sabha.- The Chairman of the Panchayat Samiti within whose jurisdiction the Gram
Panchayat is located shall be the Prescribed Authority for the purpose of relaxing the
period of the general meeting of Gram Sabha and convening the meeting of the
Gram Sabha, if Pradhan fails to convene it under section 5 of the Act.

8. Place of meeting.- (1) Every meeting of the Gram Sabha shall be held at the
headquarters of the Gram Panchayat and shall be presided over by the Pradhan or in
his absence by the Up-Pradhan. If both the Pradhan and Up-Pradhan are absent, then
such members of the Gram Sabha shall preside over the meeting as may be elected
by the members present in that meeting.
(2) The headquarter of a Gram Sabha shall be the same as notified by this
State Government under sub-section (1) section 3.

9. Manner of notice of meeting under section 5 (2).- (1) The notice of every
meeting of a Sabha shall be given by the Pradhan to all the members at least fifteen
days before the date of meeting. Publicity shall be given regarding the meeting by
affixing a copy of the notice on the Notice Board of the Gram Panchayat and at some
other conspicuous places within Gram Sabha area, as he thinks fit. A copy of the
notice of the meeting shall be sent to the Block Development Officer concerned also
for his information and further necessary action.

(2) In case, the Deputy Commissioner or Zila Parishad or Panchayat Samiti, as the
case may be, require the Pradhan to call special meeting, the Pradhan shall, within
thirty days form the date of requisition, convene the meeting to discuss and consider
the special items of the agenda:

Provided that the Deputy Commissioner may convene the meeting of one or
all the Gram Sabhas in a block/district on a particular date for considering any
important matter including selection of beneficiaries. The Pradhan shall immediately
issue notice to convene such meeting and shall give publicity to that effect in the
Gram Sabha area by affixing a copy of the notice on the notice board of the Gram
Panchayat and at some other conspicuous places within Gram Sabha area. Such
meeting of the Gram Sabha may also be attended by the Officials authorized by the
Deputy Commissioner , representatives of NGOs such as Yuvak Mandals and Mahila
Mandals. The Deputy Commissioner may also authorise any official of any
department in the block/district for recording the proceedings of such special
meeting.
10. Register of proceedings.- The register of proceedings in Form-17 shall be
maintained by the Panchayat Secretary. The Panchayat Secretary shall obtain the
signatures or thumb marks of the members present at the meeting. He shall maintain
the register in Hindi in Dev-Nagri script and the proceedings shall be signed by the
Pradhan or the person presiding over the meeting.

11. Copy of the proceedings to be sent to Block Development officer.- An attested

copy of the proceedings of every meeting of a Sabha shall be caused to be delivered
in the office of the Block Development Officer concerned within a fortnight of the
holding of the meeting by the Panchayat Secretary concerned and it shall be the duty
of the Block Development Officer to ensure that Up-to-date record of such
proceedings is kept in this office for every Gram Sabha in his jurisdiction. The period
of a fortnight under this rule may be relaxed by the District Panchayat Officer of the
District in any individual case, for reasons to be recorded in writing if he is satisfied
that the delay has occurred in good faith.

12. Confirmation of proceedings.- Proceedings of the last meeting of the Sabha

shall be read out at the subsequent meeting and confirmed.

13. Resolutions.-(1) The Pradhan of the Gram Panchayat or the Up-Pradhan in the
absence of the Pradhan or in the absence of both the Pradhan and Up-Pradhan, such
member of the Sabha who may be presiding over the meeting of the Sabha may
disallow the moving or discussion of any resolution or proposition which he
considers to be beyond the scope of a Sabha and in doing so he shall record his
reasons in writing.

(2) Subject to the provisions of sub-rule (1) all resolutions or propositions, shall be
discussed and passed by a majority of votes of members present. In case of equality
of votes, the person presiding over the meeting of the Sabha shall have a casting vote.

(3) If in a meeting of Gram Sabha, such resolution is passed which is beyond the
scope of Gram Sabha, contravenes the national unity, integrity, communal harmony
and disturbs public peace, the Sub-Divisional Officer (civil) of the concerned areas
shall have the power to suspend such a resolution in the public interest.
14. Transaction of business.- The order of the business to be transferred at every
general or special meeting shall be decided by the person presiding over the meeting.

15. Continuance of meeting.- If it is not possible to complete discussion on all the

items on the date fixed for the Sabha meeting, the meeting may be continued on any
subsequent day within a fortnight. The decision of next date of such meeting shall be
taken it that meeting.
16. Regulation of conduct of business.- The person presiding over the Sabha
meeting shall regulate the conduct of business at a Sabha meeting and maintain order.
If any member disregards the authority of the presiding person, or is guilty of
obstruction or offensive conduct during the meeting, the presiding person may ask
him to behave properly and on his failure to do so direct him to withdraw from the
meeting.

17. Business to be transacted at extra ordinary meeting.- Subject to the provisions

of Rule 9(2) in the special meeting of a Sabha, only such business will be discussed
as may be indicated in the requisition.

18. Functions of Gram Sabha.- (1) The Gram Sabha shall perform all the functions
as specified in section 7 of the Act.

(2) The Gram Sabha may consider the matters relating to local problems but the
person presiding over the meeting shall ensure that any matter, which contravenes the
national unity, integrity, communal harmony or disturbs public peace, are not
allowed to be considered for discussion:
Provided that in case of dispute regarding permissibility of any matter, it shall
be referred to Sub-Divisional Officer (civil) for his decision and his decision on it
shall be final.
(3) The Gram Sabha shall in its winter meeting consider and pass the budget for the
following financial year and in its summer meeting, shall consider the accounts of the
preceding financial year and annual audit note replies, if any made, and the report of
administration of preceding financial year. At both meetings the Gram Sabha shall
consider a six monthly report of the business submitted by the Gram Panchayat. In
both the meetings of Gram Sabha item-wise income and expenditure incurred by the
Gram Panchayat during past six months shall be placed before the Gram Sabha.
Income and expenditure statement of the ongoing developments works being
executed by Gram Panchayat shall also be placed in the meeting on Form-34 for
consideration and approval.
(4) Gram Sabha shall finalise the selection of beneficiaries in the order of priority
under various programmes of the Government as per the procedure prescribed in this
behalf by the Director of the Government.

19. Report of Vigilance Committee.- (1) After the general election of the
Panchayat, the Gram Sabha in its first general meeting shall form by consensus one
vigilance committee comprising of one reputed member from each constituency of
Gram Panchayat. Gram Sabha shall form not more than two vigilance committees, if
there is no consensus amongst the members of Gram Sabha regarding formation of a
single vigilance committee. The vigilance committees shall be formed as per
provision of sub-section (4) of section 7. The vigilance committee (s) so formed by
the Gram Sabha shall place its reports, concerning any office bearer of the Panchayat,
besides other matter relating to the schemes and other activities of the Panchayat,
before the Gram Sabha in its general meeting and a copy of said report shall be sent
to the Block Development Officer for such action as it may deem fit.
(2) The term of the vigilance committee shall be two and a half years. After the
expiry of the term of the vigilance committee formed under sub-rule (1), the Gram
Sabha shall thereafter in its general meeting again form one or two vigilance
committees for the remaining term of the Gram Panchayat.
(3) After examining the report sent by the vigilance committee, the Block
Development Officer shall initiate such immediate action as may be required and
shall inform the vigilance committee in this regard.
(4) In case the Vigilance Committee is not satisfied with the action taken by the
Block Development Officer, or the Block Development Officer does not take/ initiate
action within 30 days from the receipt of the report as the case may be, the vigilance
committee may report the matter to the Deputy Commissioner and thereafter to
Director for necessary immediate action.
(5) The vigilance committee shall have right to inspect the documents, work and
records and record statements of persons to ascertain the truth. Vigilance committee
(s) shall also have right to take the certified copies of any document from the
Panchayat free of cost.
(6) The members of the Vigilance Committee(s) shall by consensus elect a Chairman
of the Vigilance Committee amongst themselves.
(7) The Vigilance Committee shall meet at least four times in each year. The
meeting shall be convened by the Chairman of the Vigilance Committee and the
quorum of such meeting shall be more than one-half of its total members.
(8) The Chairman of the Vigilance Committee shall maintain the proceedings book
of the Vigilance Committee. Chairman himself or any member any record the
proceedings which shall be signed by all members present.
CHAPTERE-III

GRAM PANCHAYAT –CONDUCT OF BUSINESS FUNCITONS AND

POWERS

20. Population figures for the purpose of Section 8 (1).– For the purpose of section
8(1), the Panchayat Secretary shall maintain a village-wise record of population
based on the last preceding census relevant figures of which have been published and
will be made available to the Panchayat Secretary by the Block Development Officer
duly authenticated.
21.Pariwar Register and registration of births, deaths and marriages.-
1
[ (1) After the Government have established a Sabha by a notification under sub-
section (1) of section 3, a Pariwar Register shall be prepared for every Gram Sabha in
Form-19 appended to these rules. It shall contain the names and particulars of all
persons, family-wise, who are the bonafide residents of the village which forms part
of the Sabha area. The register shall be prepared by the Panchayat Secretary and shall
be verified by the Panchayat Inspector of the concerned Block.]

(2) At the close of each calendar year, the entries in the Pariwar Register, required to
be prepared under sub-rule (1) shall be revised and all entries pertaining to births,
deaths and marriages shall be made in the register which has taken place during the
preceding year i.e. upto the 31st day of December. No other addition or alteration
may be made without any authenticated evidence or certificate of the member of

1
Substituted vide notification No. PCH-HA(1)1/92-II dated 17th November, 2006
concerned constituency of the Gram Panchayat. In the event of division of the family,
separation of family shall only be entered in the Pariwar Register 1[on the decision of
the Gram Sabha by passing a resolution by majority in its general or special meeting
on a application made by the head of family concerned. However, the Gram Sabha
shall take into consideration the definition of the family as defined under clause (13-
A) of section 2 of the Act while deciding the matter regarding division of family.] It
shall be the duty of the Panchayat Inspector to verify these entries after satisfying
himself about the reasons recorded by the Panchayat Secretary. He shall also put his
initials on the goshwara prepared by Panchayat Secretary on Form 19-A.
(3) The register shall be revised and brought up-to-date under sub-rule (2) by 31st
January of each year and public notice will be issued to the effect that-

(a) the register has been revised and brought up-to-date under sub-rule(2);

(b) the register as revised is available for public inspection for a periods of fifteen
days (excepting the public holidays) between 10 AM to 5 PM in the office of
the Gram Panchayat;

(c) if any person has to make any objection with regard to any entry or any
omission in the register, he may make the objection to that effect to the
Secretary of the Gram Panchayat within the said period of fifteen days. The
notice shall be pasted in the office of the Gram Panchayat and other
conspicuous places in a Gram Sabha area.

(4) The revised entries made in the register under sub-rule (2) and the objections
received under sub-rule (3), shall be taken into consideration and disposed off and
verified by the Panchayat Inspector after having given and opportunity of being heard
to the person(s) concerned.

(5) The Secretary of the Gram Panchayat shall undertake registration of births and
deaths in accordance with the provisions of the Registration of Births and Deaths
Act, 1969 and rules made hereunder.

1
Amended vide notification No. PCH-HA(1)1/92 dated 31st March, 2005.
1
[(6) The officer or employee of the Gram Panchayat, appointed as Registrar of Marriages,
shall undertake registration of marriages in accordance with the provisions of the Himachal
Pradesh Registration of Marriages Act, 1996 and the Himachal Pradesh Registration of
Marriages Rules, 2004.]

22. Oath of office and first meeting of the Gram Panchayat.- (1) The oath of
allegiance or affirmation to the newly elected Pradhans and Up-Pradhans of the Gram
Panchayats shall be administered by the Sub-Divisional Officer (Civil) or any
authority superior to him at any place in the State as decided by the State
Government from time to time. The form of oath, as per Schedule V of the Act, shall
be provided to the Pradhans and Up- Pradhans present in the meeting and the oath
shall be administered to them. The Pradhans and Up-Pradhans, who have taken the
oath, shall sign the form of oath or put their thumb impression marks, which shall be
handed over to the office/official of the Block for office record. The remaining
Pradhan who could not take oath in meeting convened for the purpose shall be
administered oath by the Sub-Divisional officer (Civil) in his office.

(2) The Pradhans of the concerned Panchayat shall administer the oath to the
remaining Up-Pradhans and members of the Gram Panchayat on the day of the first
meeting of the Panchayat concerned as fixed by the State Government. Up-Pradhans
and members taking oath in the first meeting, shall put their signature or thumb
impression marks on the form of oath after subscribing to the oath, which shall be
retained in the Panchayat record.

(3) Where the Pradhan refuses to administer oath to the Up-Pradhan and member(s)
of the Gram Panchayat deliberately, in that event the oath shall be administered by
S.D.O. (c)either in his office or in the office of Gram Panchayat on such date which
may be fixed by the S.D.O (c)within fortnight from the date of first meeting of the
Panchayat.

1
Substituted vide notification No. PCH-HA(3)2/2000-II dated 8th January, 2008.
(4) Pradhans or Up-Pradhans, as the case may be, elected in bye-election shall be
administered oath by SDO (c) in his office. Members of the Gram Panchayat, elected
in bye-election, shall be administered oath by Pradhan in the office of Gram
Panchayat concerned.

23. Prescribed authority for the purposed of section9(1).- The Chairman of

Panchayat Samiti, within whose jurisdiction the Gram Panchayat falls, shall be the
prescribed authority for proviso to sub-section (1) of section 9 for according approval
to call meeting. Where the Panchayat Samiti is not functioning, the Executive Officer
of Panchayat Samiti shall be the prescribed authority.

24. Time and place of the meeting.- The time, date and place of the meeting shall
be fixed by the Pradhan or in his absence by the Up- Pradhan.

25. Notice of meeting.- The Pradhan shall give a notice of at least seven days to all
members of Gram Panchayat for holding the meeting of the Gram Panchayat:

Provided that no notice shall be necessary if the meeting of a Gram Panchayat

is to take place regularly on days previously fixed by the Panchayat and all the
members have been informed.

26. Contents of Notice.- A notice of meeting of a Panchayat shall state the nature of
the business to be transacted at the meetings.

27. Procedure for recording proceedings of meetings.- (1) The register of

proceedings shall be maintained by the Panchayat Secretary. The Panchayat
Secretary shall obtain the signature or thumb marks of the members present at the
meeting, in the beginning to confirm the presence for determining the quorum, He
shall maintain the register of proceedings in Hindi in Devnagri Script. Proceedings
shall be signed by the Pradhan or the person presiding over the meeting, besides the
members present at the end of meeting. If any member walkout during the meeting
the fact should be recorded in the proceeding.
(2) Proceedings of the last meeting shall be read out in the subsequent meeting,
confirmed and signed by the person presiding over the meeting.

(3) Confirmation of account of constructions and development works shall be an

essential agenda item in every Panchayat meeting. The details of the income and
expenditure of the preceding month in respect of each item shall be placed in the
meeting for consideration and approval. Besides this income and expenditure
statements of the ongoing works in the Gram Panchayats shall also be placed in the
meeting in Form-34 for consideration and approval. Other items of the agenda will be
taken up for discussion after the approval of the preceding months income and
expenditure statement.

28. Presiding over the meeting of the Gram Panchayats.- The Pradhan or in his
absence, the Up-Pradhan and in the absence of both any member chosen by the
members present, shall preside over the meeting of the Gram Panchayat.

29. Order of business.- The order of business to be transacted at every general or

special meeting shall be decided by the person presiding over the meeting.

30. Resolution.- Any member of a Gram Panchayat who desires to bring forward any
resolution at any meeting of the Gram Panchayat shall give notice of his intention to
do so in writing at least two days before the meeting to the Pradhan or in his absence
the Up-Pradhan or the Secretary.

31. Resolution or propositions before Gram Panchayat.- (1) The Pradhan may
disallow the moving or discussion of any resolution or proposition which he
considers to be beyond the purview of the Gram Panchayat and in doing so, he shall
record his reasons in writing in the register of proceedings.

(2) Subject to the provisions of sub-rule (1) all resolutions or propositions, shall be
discussed and passed by a majority or votes. In case of equality of votes, the Pradhan
or the person presiding over shall have a casting vote.
32. Special powers of the Pradhan.- A Pradhan shall have power to do any work in
case of emergency, arising out of a natural calamities or any other exigency without
obtaining the sanction of the Panchayat, it for any reason to be recorded it is not
possible for him to convene the meeting of the Gram Panchayat. He shall, however,
place the matter before the next meeting of the Gram Panchayat for approval. In case
the Panchayat refused to accord the approval, the Pradhan may, if he so deems fit,
submit the matter to the Panchayat Samiti whose decision shall be final.

33. Delegation of powers.- (1) The Pradhan, may with the approval of the Gram
Panchayat, delegate any of his powers to the Up-Pradhan subject to such conditions
as the Gram Panchayat may think fit to impose.

(2) Whenever the Pradhan is unable to perform his functions due to illness or
otherwise or remains out of Gram Sabha area continuously for more than 15 days in a
month, as the case may be, all executive or legal powers of the Pradhan shall
automatically vest in Up-Pradhan during the Pradhan’s absence.

34. Records and Registers of the Gram Panchayats.- The Secretary of the Gram
Panchayat under the over all supervision of the Pradhan and in his absence, under the
supervision of the Up-Pradhan shall be responsible for the custody and maintenance
of the following registers and records besides property belonging to, or vested in, the
Gram Sabha or the Gram Panchayat:-

(1) Stock Register of Gram Panchayat on Form-1

(2) Stock Register of Receipt Book on Form-2.

(3) Form of Receipt on Form-3.

(4) Library Stock Register on Form-4.

(5) Library issue Register on Form-5.

(6) Stock Material Register on Form-6.

(7) Execution of Development works Register on Form-7.

(8) Muster Roll issue Register.

 (9) Grant-in-aid Register on Form-8.

(10) Ration Cards Register on Form-9.

(11) Birth Registration Register.

(12) Death Registration Register,

(13) Marriage Registration Register on Form-10.

(14) Immovable Property Register on Form-11.

(15) Dak Receipt Register on Form-12.

(16) Dak Despatch Register on Form-13.

(17) Cash Book on Form-14.

(18) Ledger on Form 15.

(19) Tax Register on Form-16.

(20) Proceedings Book on Form-17.

(21) Inspection Register on Form-18.

(22) Register of Population.

(23) Pariwar Register on Form-19.

(24) Budget Estimates on the Form as may be prescribed by the State

Government.

(25) Any other records/register, prescribed by the Director from time to

time.

35. Duties of Panchayats Secretary.- It shall be the duty of Secretary of the Gram
Panchayats:-

(i) to see that, all provisions of the Act, rules and bye-laws made there
under and all orders issued or action authorized by the State
Government or Director or any other competent authority, are complied
with by the Gram Panchayats and shall bring to their notice any
irregularity or omission on their part;
 (ii) to carry out the lawful orders of the Gram Panchayat and the Pradhan
or Up- Pradhan and to perform other duties and to exercise any other
powers as may be assigned to or conferred on him by or under the Act
or these rules or any other law for the time being in force;

(iii) to maintain and up-date all prescribed records, and register under the
general supervision of the Pradhan and, in his absence the Up-Pradhan.
The Secretary shall also be solely responsible for the safe custody of
cash in hand and immovable/moveable property of the Gram Panchayat
within the overall supervision of the Pradhan or in his absence, of the
Up-Pradhan, and, he shall further be responsible for keeping true
accounts of the money received in Sabha fund and disbursed out of it;

(iv) the Panchayat Secretary will maintain daily diary showing therein
briefly the work done in all working days in a month and shall submit a
copy thereof to the BDO in monthly staff meetings. The BDO will keep
a record of these diaries and reflect the assessment in the ACRs of the
concerned official; and

(v) to perform such other duties as may be assigned to him by the Director
or the Deputy Commissioner from time to time.

36. Recovery of costs under sub-section(2) of section 12 of the Act and recovery
of fine under section 22 (3).- If any act, as ordered by the Gram Panchayat under
sub-section (1) of section 12, is not performed within the time fixed, the Gram
Panchayat may cause it to be performed under sub-section (2) of section 12 and the
cost of that work shall be recovered by the Gram Panchayat from the person who
fails to perform such act. In case the Gram Panchayat fails to recover the amount, the
same shall be recoverable as arrears of land revenue. For the purpose of recovering
the fine under section 22 (3), the Gram Panchayat shall serve a notice to the person
concerned and ask him to deposit the amount of fine within seven days from the date
of notice. If he fails to deposit the amount of fine within stipulated period, the fine
shall be recoverable as an arrear of land revenue.

37. Publication of general orders under section 13 of the Act.- (1) The Gram
Panchayat shall pass in its meeting a resolution of its intention to enforce all or any of
the provisions of clause (a) to (s) of section 13, the notice containing the contents of
all resolution passed by the Panchayat shall be displayed on the notice board of the
Gram Panchayat and at some other conspicuous places in the Gram Sabha area for
inviting objections and suggestions from the inhabitants of the Panchayat area within
fifteen days. After the expiry of the time limit of fifteen days, specified in the notice,
the Gram Panchayat shall pass another resolution in its subsequent meeting to make a
final general order, to enforce the provisions of section 13 after considering the
objections and suggestions, if any, received in this behalf. The copy of the final
general order passed by the Gram Panchayat shall be displayed on the notice board of
the Gram Panchayat and at some other conspicuous places in the Gram Sabha Area.

(2) When a breach of final general order published by a Gram Panchayat under sub-
rule (1) comes to its notice, the Gram Panchayat shall give notice, in writing to
defaulter with regard to the matter or matters for which he or she has committed the
breach. The notice shall be signed by the Pradhan or Up-Pradhan or any other
member of the Gram Panchayat authorised by it in this behalf. The notice shall be in
duplicate and it shall be served on the person concerned through the Panchayat
Chowkidar. The person to whom the notice is tendered shall acknowledge receipt
thereof in writing and either sign it or put his thumb mark on it. In case he refuses to
accept the notice or evades the service thereof, the same shall be affixed at
conspicuous place at his residence and the facts shall be noted by the Panchayat
Chowkidar in the presence of at least two respectable witnesses of the locality and
the notice shall be returned to the Gram Panchayat.

(3) Notice under sub-rule (2) shall contain in detail the nature of allegations which
amount to the breach of a general order issued under section 13, and shall also
indicate the date, time and place when and where the defaulter concerned should
appear before the Gram Panchayat. If the person concerned appears before the Gram
Panchayat in accordance with the notice and show cause against the notice and does
not admit the breach in question the Gram Panchayat shall take evidence, and if it is
satisfied that there is no cause of action, no further proceedings shall be taken in the
case. If, however, the Gram Panchayat is satisfied, after taking evidence that a
breach has been committed, it shall inflict a penalty on the person concerned under
section 15.

(4) If the defaulter does not appear before the Gram Panchayat in accordance with
the notice and it is satisfied that the person concerned is deliberately evading service
of notice of appearance, it may, after taking such evidence as may be available,
proceed against the person concerned under section 15.

38. Prescribed Authority under section 14 (1)of the Act.- The Chairman of the
Panchayat Samiti having jurisdiction over the Gram Sabha area shall be the
prescribed Authority to accord approval to the model plan for the village, prepared by
the Gram Panchayat and approved earlier by the Gram Sabha. He may take technical
assistance form the Assistant Engineer (Development) or Junior Engineer
(Development).

39. Procedure for introducing prohibition.- (1) If a Gram Panchayat wants to

introduce prohibition in its area, it shall pass a resolution to that effect by vote of at
least two-third majority of members as required under section 18 and send a copy of
the same to the Commissioner-cum-Excise and Taxation under intimation to the
Deputy Commissioner.

(2) Excise and taxation Commissioner shall submit the case to the Government for
orders.

(3) Approval of the Government shall be conveyed by the Commissioner Excise and
Taxation to the Panchayat concerned and to the Director Panchayati Raj.
40. Power to manage fairs and markets- Except for State level and District level
fairs organized by the Government, the Gram Panchayat may organize, manage and
regulate fairs and markets within the Sabha area in accordance with the resolution
passed by the Gram Panchayat concerned subject to the condition that the
expenditure on organizing, managing or regulating of such fairs or markets does not
exceed 75 % of the total income received from different sources by organizing the
melas/market. Gram Panchayat, in accordance with the resolution passed by the
Gram Panchayat concerned, may manage in the State and District level fairs and
markets organized by the Government if such a management generate the income of
Gram Panchayat.

41. Prescribed authority under section 21.- The senior most officer of the irrigation
and Public Health Department in the District shall be the Prescribed Authority for
the purposes of the proviso to section 21.

42. Co-option of members for standing committees.- (1) After the constitution of
standing committees, each standing committee shall convene its meeting to be
headed by its Chairman, to co-opt one member each from amongst the office bearer
of the Farmer’s Club, Mahila Mandals, Yuvak Mandals, 1concerned departments and
other similar bodies, recognized by the Government, if any located in the Sabha area,
for such standing Committee.

(2) In the meeting of each standing committee convened for co-option of members
no proposal for co-option shall be accepted unless it is seconded by another member.
In the event of more than one proposal for co-option are obtained, the result of co-
option shall be decided by show of hands. In case equality prevails, the Chairman of
the standing committee shall exercise his casting vote, which will be considered as an
additional vote in favour of a person to whom it is cast.

1
Amended vide notification No. PCH-HA(3)1/1994 dated 6th December, 2003 published in Rajpatra extra
ordinary on 15th December, 2006.
(3) A representative of co-operative Societies in the Gram Sabha area shall be co-
opted to the 1Food, Civil Supply and Consumer Committee in the same manner as
laid down in sub-rule (1) and (2) above.

2
(3-A) Members to be co-opted from amongst the members of the Gram Sabha
under sub-section 3 of section 23 shall be nominated by the Gram Sabha by majority.

(4) The co-opted members in the standing committee shall have the right to vote,
take part in the deliberations and make suggestions. Every co-opted member shall be
held personally liable for loss, waste or misapplication of any money or other
property of the Gram Panchayat which has been caused by him by misconduct or
gross neglect of his duties.

(5) The Chairman of the concerned standing committee, as provided under sub-
section (2) of section 23 shall convene at least four meetings in a year, two before the
winter meetings of the Gram Sabha and two before the summer meetings of the Gram
Sabha.

(6) The 3Secretary Gram Panchayat or Panchayat Sahayak, as the case may be, shall
record the proceeding of the meeting of standing committee.

(7) The recommendation of the standing committee shall be placed before the Gram
Panchayat for consideration.

(8) The quorum of the meeting of the standing committee shall not be less than one
half of its members.

(9) The meeting of the standing committee shall be held at the headquarter of the
Gram Panchayat on the date and time fixed by the Chairman.

(10) The terms of each standing committee shall be 1two and a half years.

1
Amended vide notification No. PCH-HA(3)1/1994 dated 6th December, 2003 published in Rajpatra extra
ordinary on 15th December, 2006.
2
Amended vide notification No. PCH-HA(3)1/1994 dated 6th December, 2003 published in Rajpatra extra
ordinary on 15th December, 2006.
3
Amended vide notification No. PCH-HA(3)1/1994 dated 6th December, 2003 published in Rajpatra extra
ordinary on 15th December, 2006.
43. Joint committee.- For the purpose of transacting any business, in which two or
more Gram Sabha are jointly interested may, by means of written instrument appoint
a joint committee under section 24 consisting of not exceeding three of the members
of each Gram Sabha as their representatives elected by each concerned Gram Sabha
by majority which shall be determined by raising of hands. The accounts of the work
done by the Joint Committee shall be maintained in that Gram Panchayat in which
the maximum portion of the work is to be done. The committee shall submit its report
of the activities before the concerned Gram Panchayat and each of the Gram
Panchayat shall place it before the concerned Gram Sabha in its general meeting.
Chairman of the Joint committee shall be the Pradhan or Up-Pradhan of that
Panchayat in which maximum portion of such joint work is located:

Provided that in case the work to be executed is in equal proportion in both

Panchayat the accounts shall be maintained in that Gram Panchayat which has larger
population and the Chairman of the Joint Committee in such circumstances shall be
the Pradhan of the Panchayat with larger population.

44. Prescribed authority for the purpose of sub-section (2) of section 25.- The
Chairman of the Panchayat Samiti, in whose jurisdiction the Gram Sabhas are
located, shall be the Prescribed Authority for the purpose of sub-section (2) of section
25. If the Gram Sabhas are located within the jurisdiction of different Panchayat
Samitis then a committee consisting of the concerned Chairman of Panchayat Samiti
shall be the Prescribed Authority for this purpose. If any difference of opinion arises
between the Chairman, the matter shall be referred to the Chairman of Zila Parishad
whose decision shall be final.

45. Maintenance and improvement of Schools, Hospitals and Dispensaries.- (1)

The Gram Panchayat shall render such assistance for maintenance and improvement
of primary schools, health sub-centres and dispensaries in its jurisdiction as it
considers necessary subject to availability of the Panchayat funds. Gram Panchayat

1
Amended vide notification No. PCH-HA(3)1/1994 dated 6th December, 2003 published in Rajpatra extra
ordinary on 15th December, 2006.
may also raise money by donation from the public and may seek grants from the
concerned departments for this purpose.

(2) For the efficient running of the Primary Schools, Health Sub-Centre,
Dispensaries and Anganwari, the Pradhan or the Up-Pradhan or any other member,
authorized by the Gram Panchayat, as the case may be, inspect the Primary Schools,
Health Sub-Centre, all kinds of Dispensaries, Anganwari and other village level
institutions located in the Sabha areas to ensure punctuality in attendance and
availability of services.

(3) The Pradhan or Up-Pradhan or any member authorized by the Gram Panchayat,
as the case may be, shall report the irregularities and deficiencies which come to his
notice during such inspections to the higher officer of the concerned department, who
after receiving such report shall take necessary action within 45 days expeditiously
and apprise the respective Gram Panchayat of the action taken on such report.

46. Establishment of Schools, Hospitals and Dispensaries for group of Gram

Panchayats.- If group of neighboring Gram Sabhas combines to establish and
maintain a school, a dispensary or hospital, a joint committee composed of three
members elected by each Gram Panchayat from amongst its members shall manage
and control such institutions and the entire cost whether recurring or otherwise shall
be borne by each Gram Panchayat in equal shares:

Provided that it shall be open to the concerned Sabhas to entrust the

management and control of such institutions to the Panchayat Samiti within the
jurisdiction of which these institutions fall.

47. Assistance to the Government servants.- The Gram Panchayat shall, as far as
practicable, assist any Government servant in the lawful performance of his duties
within its area as and when requested by such Government servant to do so through
the Pradhan or Up-Pradhan.
48. Power to take over management of Institutions etc.- The Gram Panchayat
may agree under section 29 of the Act to receive from any person any property
vested in him or the execution and maintenance of any work or the performance of
any duty, within its areas on the following conditions:-

(i) Such property or work or duty may not entail the expenditure more than
the income from such property, work or duty;

(ii) Before taking over such activity an agreement between the

person/institution and Gram Panchayat shall have to be executed duly
attested by an Executive Magistrate;

(iii) The Gram Panchayat shall take sufficient amount in advance from the
person/institution concerned for the maintenance or execution or
performance of the responsibility;

(iv) If the person/institution fails to meet the expenditure on maintenance,

execution performance of duty, the Gram Panchayat shall not be liable to
continue with such activity and shall hand over such property or work to
the concerned person/institution and the agreement shall automatically
stand terminated:

Provided that the Gram Panchayat shall give due opportunity to the
person/institution before terminating the agreement.

CHAPTER-IV

JUDICIAL FUNCTIONS AND POWERS OF GRAM PANCHAYAT

49. Institution of suits and cases under section 53 of the Act and constitution of
bench under section 54 of the Act.- (1) As soon as application orally or in writing is
made under section 53, its substance shall be recorded in the register maintained in
Form-20 and the signature or thumb impression of the applicant shall be taken in the
register.
(2) The Pradhan or Up-Pradhan receiving the application shall, under section 54,
record all particulars required under 31 for determining territorial jurisdiction and in
cases of civil suits further record its description and valuation and in a criminal case,
the nature of offences, and, if possible particulars of the matter mentioned in
section 42.

(3) No Gram Panchayat shall receive the revenue proceedings directly but the Gram
Panchayat shall hear and decide only those revenue proceedings which are
transferred to it by the revenue court under sub-section (3) of section 31 and section
48. The Pradhan or Up- Pradhan, as the case may be, shall constitute a bench to
decide the revenue proceedings in the same manner as prescribed for civil suit and
the bench shall also hear and decide the proceedings in the similar manner as laid
down for deciding the civil suits.

(4) The Pradhan or in his absence the Up-Pradhan shall form a bench of three
Panches keeping in view the provisions of section 30 for the trial and decision of the
case, suit or proceedings.

(5) Every bench shall choose one of the Panches to be the Chairman of that bench
unless the Pradhan or Up- Pradhan is a member of it in which case he will be the
Chairman of the bench.

50. Issue of notice and process by Gram Panchayat.- (1) The Pradhan or in his
absence the Up-Pradhan of the Gram Panchayat , who has received application, shall
issue summons or notices to the parties concerned in accordance with the procedure
laid down in rule 69 to 79 and shall take action to secure their appearance before the
benches of the Gram Panchayat in the manner laid down in section 63 of the Act. The
Pradhan or the Up- Pradhan, as the case may be, shall also intimate the members of
the bench about the date fixed for hearing.

(2) All notices to the parties, issued under sub-rule (1) shall be required to be
returned before the date of hearing and in case service has not been effected and the
parties remain absent, the Pradhan or Up- Pradhan, as the case may be, shall adjourn
the case and shall inform the Panches of such adjournment.

51. Examination of the parties and their witnesses under section 54(3) of the
Act.- (1) While hearing a civil suit or a revenue proceeding, the Gram Panchayat
shall first examine the plaintiff or applicant and his witnesses and thereafter the
defendant or objector and his witnesses, the case may be, while trying a criminal case
it shall first explain to the accused the charge or charges made against him and shall
thereafter record prosecution evidence and thereafter examine the accused and his
defense:

Provided that if in a criminal case an accused makes a clear and voluntary

confession of the crime, he may be convicted without recording any evidence and in
civil suits or revenue proceedings if the claim of the plaintiff or the applicant is
totally admitted by the other party, it will not be necessary for the Gram Panchayat to
record any evidence.

(2) Each party shall be allowed to cross examine another party and their witnesses
just after their examination-in chief but the Gram Panchayat may, either of its own
motion or on the request of any party, examine any person at any stage of the
proceedings before passing final orders and in such case party shall be entitled to put
question to the person so examined.

(3) Before examining any person, except an accused, a Gram Panchayat shall
administer him the following oath or affirmation:-

“ I shall state the truth and nothing but truth so help me God”.

OR

“ I solemnly affirm that I shall state the truth and nothing but the truth”.

52. Examination of women on commission (proviso of section 66).- (1) If a

woman, as a party or a witness, wishes herself to be examined by the Gram
Panchayat on commission, her representative acting under section 58 or the party
calling her as a witness shall make an application to the Gram Panchayat in that
behalf, and if ordered by the Gram Panchayat when she is a party to the case, suit or
proceeding shall deposit such amount on account of expenses on account of
conveyance etc. as may be determined by the Chairman of the bench and when such
a woman is required to attend the Gram Panchayat as witness, the Chairman shall
order the party on whose behalf such woman is to attend the Gram Panchayat shall
deposit the amount of such expenses. The Panch nominated by the Gram Panchayat
shall, thereupon on a specified date and time, information of which shall be given to
the parties and the witness, examine the woman at their residence in the same manner
as if she were appearing before the Gram Panchayat and a statement shall be
recorded.

(2) The statement under sub-rule (1) recorded shall be signed or thumb marked by
her and attested at least by an identifying witness and shall form part of the record of
the case, suit or proceedings concerned.

53. Enquiry into question of title or right.- In matters involving a question of title
or right under the personal law of the party, the Gram Panchayat shall make only a
summary enquiry and shall not enter into intricate questions of title based on civil
and personal laws. In case of any doubt or difficulty it may make reference to Sub-
Divisional Officer (Civil), as the case may be, having jurisdiction and may act
hereafter according to his directions.

54.Return of documents.- If any document other than the one on which a suit is
based is produced, it shall be noted, endorsed and returned by the Gram Panchayat
after the period of limitation for appeal is over, the document on which a suit is based
may be returned after the party producing the same has filed a certified copy of the
document.

55. Judgment order or decree.- After ascertaining the facts of the case, suit or
proceeding, as the case may be, by examining the parties, their witnesses and the
documents produced, if any, the Gram Panchayat shall record, in Forms-23 & 24, as
the case may be, a brief judgment or order and the signatures or thumb impression of
the Panches and the parties present shall be obtained thereon. Thereafter a decree in
Form-25 shall be drawn up:

Provided that in case the parties refuse to sign or affix their thumb
impressions, it shall not be necessary to compel them to do so, but that fact shall be
recorded thereon.

56. Disposal of cases pending on death of any party.- If during the pendency of a
criminal case, the accused dies, the case shall abate, but if during the pendency of a
civil suit or revenue proceedings any party dies, the legal heirs/representative(s) of
the said party shall be made a party to the suit or proceedings, as the case may be,
subject to the provisions of section 45.

57. Payment of fine or compensation.- The fine imposed or the compensation

granted by Gram Panchayat shall be paid, by the party on whom it is I posed or
against whom granted to the Pradhan or in his absence Up-Pradhan or the Secretary
and he shall give a receipt for the amount in Form-30.

58. Language of Gram Panchayat.- The language of Gram Panchayat and of all its
record and register shall be Hindi in Devnagri script.

59. Limitation of period for disposal of a case.- Every suit, case or proceeding shall
ordinarily be finally disposed off within three months of its institution or its transfer
to the Gram Panchayat, as the case may be. If it is not decided within this period the
Gram Panchayat shall record reasons for delay in the concerned register of cases,
suits or proceedings, as the case may be.

60. Weekly list of cases to be notified.- A weekly list of suits, cases and proceedings
with the names of parties and the dates on which they are to be heard shall be
displayed outside the office of the Gram Panchayat for general information.
61. No fee for enquiring date of hearing.- No fee shall be charged from a party or
witness for enquiring orally or by application the date fixed for hearing of his or her
case, suit or proceeding.

62. Seal of Gram Panchayat.- Each Gram Panchayat shall have a seal inscribed
with its name and shall use the same on all processes, orders, decrees and copies
issued by it.

63. Fees for institution of suits etc.- The following fees in cash shall be charged by
the Gram Panchayat before entertaining any case, suit or proceeding:-

Civil Suits Fee to be charged

When the amount or value of the subject matter Rs. 10/- (Rupees Ten)
in dispute does not exceed Rs. five hundred.

When it exceeds rupees five hundred. Rs. two for every one hundred
rupees or fraction thereof.

Criminal cases:

Criminal complaints Rs. Five

Miscellaneous applications in a suit, case or Rs. Two

proceedings.

Provided that the Gram Panchayat, in its discretion, shall have the power to
waive off the payment of fee in a criminal case but shall note its reasons for doing so
in the register of criminal cases:

Provided further that where Gram Panchayat decided that it has no

jurisdiction, it shall return the fee paid by the applicant together with the application
if in writing:

Provided further that Government may by notification revise rates of fees etc.
from time to time.

64. Fee on certificate of execution.- A fee calculated at the same rate as given in
rule 63 shall be levied by the Gram Panchayat on the decree holder before it issues a
certificate of execution to another court and the same shall be added to the amount to
be recovered under the said certificate.

65. Application for copy of records and fees thereon.- Every application for
obtaining a copy of the judicial records of the Gram Panchayat shall be made to the
Pradhan or Up- Pradhan and shall be accompanied by a fee of rupees two.

66. Copying Fee.- Copying fee shall be charged at the rate of rupee three for every
two hundred words or fraction thereof which shall be recovered in advance before
making the copy applied for. The Gram Panchayat for special reasons may grant a
copy of its order to an accused free of cost in case of his conviction.

67. Preparation and delivery of the copy.- The Pradhan or in his absence the Up-
Pradhan may then get the copy prepared by the Secretary of the Gram Panchayat on
plain paper, certify it as a true copy under his signature and seal and deliver it to the
applicant or his duly authorized agent and also refund to him the balance, if any left
out of the advance, after meeting the copying charges.

68. Credit and disbursement of fees.- All the fees chargeable under rule 63, 64, 65
and 66 shall be paid in cash to the Secretary of the Gram Panchayat and in his
absence to the Pradhan who will credit them to Sabha fund and shall forthwith give a
receipt under his signature in Form-30.

69. Summons to person to attend or produce a document.- Every summon or

notice issued by a Gram Panchayat shall be in duplicate and in Form-31 unless the
parties bring with them their own witnesses. It shall specify the date, time and place
at which the person is required to attend and whether his attendance is required as
accused, defendant, a judgement debtor or other party or a witness and whether for a
purpose of giving evidence or to produce a document or for other purposes. If any
particular document is to be produced it shall be described in the summons or notice
with reasonable accuracy.
70. Summons to produce documents.- Any person may be summoned to produce a
document without being summoned to give evidence and any person summoned
merely to produce a document shall be deemed to have complied with the summons
if he causes such documents to be produced instead of attending personally.

71. Persons exempted from attendance in court not to be summoned.- No Gram

Panchayat shall summon to appear before it for the purpose of giving evidence the
persons who according to the customs of the country or under provisions of the code
of civil procedure, 1908 or under nay law for the time being in force are exempted
from personal attendance in a Court.

72. Service of summons.- If the person on whom the summons or notices are to be
served resides within the jurisdiction of the Gram Panchayat, procedure provided in
rule 51 shall be followed.

73. Service fee.- If the summons or notices are to be served at the instance of the
party, the Gram Panchayat shall, except in a criminal case initiated by a public
servant in his official capacity, charge fee of Rs. five per summons or notice from
that party 1and shall be paid to the person serving the summons or notices.

74. Person charged with process serving.- Ordinarily, the summons or notice shall
be served by the Panchayat Chowkidar, but the Pradhan or Up-Pradhan, who directs
its issue, may in his discretion, cause it to be served by any other person other than a
government servant.

75. Method of service within jurisdiction.- The summons or notice, shall be served
by delivery to the person concerned, whose signatures or thumb impression shall be
taken on the duplicate. If the person concerned cannot be found or if it appears that
he is evading service, the Pradhan or Up-Pradhan may order that the summons or
notice may be served on any adult male member of the member or the family
residing with him, or affix the same at some conspicuous part of the house in which

1
Amended vide notification No. PCH-HA(3)1/1994 dated 6th December, 2003 published in Rajpatra extra
ordinary on 15th December, 2003.
the person ordinarily resides in the presence of two respectable witnesses of the
locality.

76. Method of service on Government or Semi-Government servants.- If the

summons or notice is required to be served on any Government or Semi-
Government servant, the same shall be sent in duplicate by registered post the
expenses of party concerned to the Head of office under whom the person summoned
is working, who shall return the original after service to the Gram Panchayat issuing
the summons or notice, as the case may be.

77. Method of serving outside jurisdiction.- (1) If the person to be summoned by

Gram Panchayat in a suit, case or proceeding, as the case may be, resides outside the
jurisdiction of the Gram Panchayat in Himachal Pradesh, the Gram Panchayat shall
send the summons, by post or otherwise to the Gram Panchayat or the court within
whose jurisdiction the person on whom it is to be served, resides and such Gram
Panchayat or Court shall cause it to be served as if it were its own summons and shall
return the duplicate to the Gram Panchayat concerned.

(2) If the person to be summoned by the Gram Panchayat in a suit, case or

proceedings resides outside Himachal Pradesh, the Gram Panchayat shall send the
summons by post to the Civil Court within whose jurisdiction the person on whom it
is to be served, resides and such court shall cause it to be served as if it were its own
summons and shall return the duplicate to the Gram Panchayat concerned. If the
person summoned under this rule is a witness, the Gram Panchayat shall require the
person at whose instance the summon is to be issued to deposit diet money payable to
the witness under these rules before the summons are issued. The amount of the diet
money shall be noted on the summon and shall be paid to the witness on his
appearance.

78. Procedure of summon issued under rule 77.- A summon issued by a Gram
Panchayat under rule 77 shall be sent to the Gram Panchayat or the Court concerned
by post or other wise and shall contain a note that it has been issued by the Gram
Panchayat on its own motion and that the diet money shall be paid by the Gram
Panchayat to the witness on his appearance.

79. Diet money from Sabha Fund.- When a Gram Panchayat summons a witness on
its own motion and such witness resides beyond its jurisdiction, it shall pay diet
money to the witness out of Sabha fund.

80. Refusal to summon a witness.- Gram Panchayat may refuse to summon a

witness, in its opinion has attendance cannot be procured without any amount of
delay, expense or inconvenience, which, in the circumstances would be unreasonable.

81. Definition of diet money.- Diet money includes (a) daily allowance and (b)
traveling expenses and is intended to be reimbursed to the witnesses for the
reasonable expenses incidental to their attendance before the Gram Panchayat.

82. Rate of daily and traveling allowance.- Daily allowance and traveling
allowance shall be paid to the witnesses at the following rates by the Pradhan or Up-
Pradhan considering the status of the witness:-

(i) Daily allowance : Rs. 15 to 25

(ii) Traveling allowance by road : Actual bus fare.

(iii) Traveling allowance journey by rail : Actual second class railway fare

(iv) If the servant or officer of the Government/Semi-Government organization

or a local body is summoned as a witness, his daily and traveling allowances
shall be governed by the rules of the Government or the local body, as the
case may be.

83. Register of diet money and issue of receipt.- Whenever diet money is
deposited, the Gram Panchayat shall give a receipt to the person depositing it and
shall forthwith enter in the register of diet money in Form No 28 the name of the
depositor and the amount deposited. On payment of the diet money to a witness or its
repayment to the depositor, the Pradhan or the Up-Pradhan or the Panch in whose
presence the amount is paid shall sign the register of diet money.

84. Power of investigation under section 60(2).- The Gram Panchayat or any Panch
duly authorized by the bench in this behalf may for ascertaining fact (s) conducive to
the proper disposal of a case or reference enter upon any land or building at any time
between sun-rise and sun-set after giving at least twenty four hours notice to the
occupier or when there is no occupier the notice shall be sent to the owner of such
land or in his absence to his representative; if the land or building is in the occupation
of a woman who according to the custom of the country does not appear in the public
due notice, may be given to her to withdrawn from such land or building as the case
may be.

85. Application for execution of decree under section 71 of the Act.- (1) The
decree holder or a person in whose favour an order has been passed may after passing
of the decree of order put an application for execution on payment of the same fee as
it provided for the institution of the original suit, case or proceeding before the Gram
Panchayat which passed the decree or order and the same shall be included in the
costs.

(2) The Gram Panchayat after recording the facts in the prescribed register inform-26
shall issue a notice to the opposite party to pay the decretal amount or comply with
the order within thirty days or such further time not exceeding three months as it may
deem fit to allow after the notice is served. If the amount is not paid or order not
complied with within the period specified, the decree or order shall be sent to the
concerned Sub-judge for execution as provided in Sub-section (2) of section 71.

(3) In case the defendant’s property is situated outside the jurisdiction of the Gram
Panchayat passing such decree or order, it may transfer the decree or order for
execution to the Gram Panchayat in whose jurisdiction the property of the defendant
is situated. The application for execution alongwith an attested copy of the decree or
order shall be forwarded to the Gram Panchayat concerned by post of through
Panchayat Chowkidar as may be considered convenient by the Gram Panchayat. The
Gram Panchayat to whom the decree or order is so transferred shall then execute the
decree or order as it were a decree or order passed by it.

86. Recovery of fines under section 72.- When in any case a Gram Panchayat
imposes a fine under section 33 or awards compensation under section 39 of the Act,
the Gram Panchayat shall issue a notice to the party concerned to deposit the amount
of fine or compensation as the case may be in the Gram Panchayat within thirty days,
after the notice is served. If the amount is not deposited within specified period, the
Gram Panchayat shall request the Sub-Divisional judicial Magistrate within whose
jurisdiction the Gram Panchayat lies and he shall recover it under section 72 as if the
fine has been imposed by him. All particulars shall also be recorded in the Register in
Form No. 27.

87. Duty of Police towards Gram Panchayats under Section 74.- (1) A Gram
Panchayat shall be deemed to be criminal court when trying a criminal case.

(2) When information relating to the commission of a cognizable offence tribal by a

Gram Panchayat has been given to an officer-in-charge of a Police Station, he shall
forthwith send a copy of First information Report to the Gram Panchayat competent
to try such an offence and such Gram Panchayat shall not proceed to try any
complaint relating to the same facts nor shall it issue any summons in the matter until
the officer has intimated in writing that the investigation has been concluded. Such
officer shall send the information to the Gram Panchayat after the conclusion of the
investigation.

88. Proceeds of fees and fines etc. under section75.- (1) At the close of each
quarter of the financial year the Gram Panchayat shall deposit all money creditable to
the Consolidated Fund of the State realized by the Gram Panchayat in the
Government Treasury under intimation to the Panchayat Inspector concerned. A
copy of the challan shall be kept in the record of the Gram Panchayat.
(2) At the close of the year, the Panchayat Inspector shall prepare a statement of the
amounts deposited by each Gram Panchayat of his Block during the preceding year
duly verified by the Treasury Officer concerned and shall send the same to the
District Panchayat Officer of the district.

(3) The District Panchayat Officer in his turn, shall consolidate the statements
referred to in sub-rule (2) for the whole district and after getting it verified by the
District Treasury Officer shall forward it to the Director.

(4) The Director shall arrange for the reimbursement of the amount deposited by each
Gram Panchayat to the Gram Panchayats.

89. Registers to be maintained by Gram Panchayat.-(1) The following registers

shall be maintained by the Gram Panchayat:-

1. Register of civil suits in Form –20.

2. Register of Criminal cases in Form –21.

3. Register of Revenue proceedings in Form –22.

4. Register of Execution of Decree in Form –26.

5. Register of Recovery of fines in Form –27.

6. Register of Diet money in Form –28.

7. Register of processes and summons of Gram Panchayat in Form –29.

8. Block of receipt for money received in Form –30.

(2) In addition to the registers prescribed sub-rule (1) above, the Director may,
whenever he thinks fit, order the maintenance of any other register or book by a
Gram Panchayat.

90. Cosigning of records in the general record room of the District.- (1) Records
of every criminal, civil or revenue case decided by a Gram Panchayat shall be
consigned to the general record room at the district or sub-divisional headquarters
one year after they have been closed. Such records shall be kept and destroyed in
accordance with the Destruction of Records Act, 1917 and the rules made there
under.

(2) All judicial and non-judicial registers and books maintained by a Gram Panchayat
shall when finished be dept in the Gram Panchayat office for two years after which
they shall be consigned to the general record room of the office of the Sub-Divisional
Officer(Civil).

91. Inspection of pending records.- The record of a case, suit or proceeding which
is pending or which has been consigned under rule 90, may be inspected by a party
thereto free of charge. Any other person desiring to inspect such record, shall obtain
the permission of the Chairman of the bench before whom the case, suit or
proceeding is pending or Pradhan of the Gram Panchayat, if it has been decided, by
presenting an application stating therein the nature of the interest for the protection of
which inspection is sought. On permission being granted, inspection shall be allowed
on payment of inspection fee laid down in rule 92. The record of a pending case, suit
or proceeding includes the record of a decided case, suit or proceeding called for in
connection with a pending case. The inspection of records consigned to the record
room shall be governed by the rules and regulations regulating the inspection of such
records in the general record room.

92. Inspection Fee.- The inspection fee shall be rupees two for the first hour and
rupee one for any subsequent hour or fraction thereof for every record inspected. The
fee chargeable under this rule shall be paid in cash with the application for inspection
to the Pradhan or Up-Pradhan who shall credit it to the Sabha fund and shall
forthwith give a receipt under his signature in Form-30.

93. Place and time for inspection.- The inspection shall be made during the office
hours in the office of the Gram Panchayat.

94. General prohibition and directions for inspection.- The use of pen and ink
during inspection is prohibited. Inspection of any record shall be made only in
presence of Secretary of the Gram Panchayat.
95. Filling of papers of Missal bandi procedure.- Each Gram Panchayat shall
maintain its records on a separate missal or file for each case instituted in a Gram
Panchayat and it shall be maintained by the Secretary of the Gram Panchayat in the
following manner, namely:-

(1) File cover: It shall contain the following particulars:-

1. No. of suit/case/proceedings with year.

2. Names of parties ……………………….Vs………………….

3. Nature of offence or kind or suit/proceedings.

4. Date of institution of suit or case or proceedings.

5. Names of Panches of the bench.

6. Date of decision.

(2) Index form:

(i) It shall contain the particulars of the case like No. of

suit/case/proceedings;

(ii) Names of parties of the case;

(iii) Nature of offence or kind of suit at the top of the index Form and below
the following columns shall be prepared:-

Seriatim of papers Particulars of Papers Page number

(3) Brief order sheet or Khulasa ahkam:-

After index Form, brief order sheet or khulasa ahkam shall be used while
trying in the case, suit or proceedings. At the top of the order sheet the particulars of
file cover shall be given and below the following columns shall be prepared:-

Date Proceeding conducted Next date

 CHAPTER-V

PANCHAYAT SAMITI

96. Prescribed authority for the purpose of section 78(1)(d) and for the purpose
of proviso to sub-section (3)of section 80 of the Act.- Sub-Divisional Officer(Civil)
of the concerned area shall be the prescribed Authority for purpose of section 78(1)
(d) of the Act. District Panchayat Officer in whose jurisdiction the Panchayat Samiti
falls shall be the prescribed authority for allowing relaxation in the time limits
specified under sub-section (3) of section 80 for convening ordinary or special
meetings, as the case may be, of the Panchayat Samiti.

97. Conduct of the business and proceedings of the meetings.-(1) All meetings of
the Panchayat Samiti shall ordinarily be held in the office of the Panchayat Samiti
and the order of the business to be transacted at every ordinary or special meetings
shall be decided by the person presiding over the meeting.

(2) If a meetings, ordinary or special, is adjourned for want of quorum, a fresh notice
of the meeting shall be given. At least ten days notice shall be given for convening
ordinary adjourned meeting and at least seven days notice shall be given in case of
special adjourned meeting. If such adjourned meeting is not held for want of quorum
no second adjourned meeting shall be convened and the agenda of such adjourned
meeting shall be considered in the next general meeting of the Samiti.

(3) The minutes of the proceedings of a meeting of a Panchayat Samiti shall be

recorded in Hindi in Devnagri script in the proceedings book to be maintained by the
Block Development Officer in his capacity as Secretary of the Panchayat Samiti and
proceedings book shall remain in his custody.

(4) A copy of the proceedings of every meeting, duly attested by the Secretary
Panchayat Samiti, shall be sent to the concerned Chairman of Zila Parishad and other
officers of the concerned Departments within seven days from the date of meeting
held.
(5) Proceedings of the last meeting shall be read at the subsequent meeting,
confirmed and signed by the person presiding over the meeting and accounts for the
past months shall be presented for the consideration and approval of the Panchayat
Samiti. Item-wise income and expenditure statement of the ongoing development
works being executed by the Panchayat Samiti shall be placed in the meeting on
Form 34 for consideration and approval.

(6) Panchayat Samiti may require any officer/official of the Agriculture, Animal
Husbandry, Education, Fisheries, Food and Supplies, Forest, Health and Family
Welfare, Horticulture, Industries, Irrigation and Public Health, Public Works,
Revenue, Rural Development, Social Welfare, or other departments of the
Government serving at Block level to attend its meeting and tender advice etc. In
respect of any matter which concerns the department to which such officer/official
belongs and every such officer/official shall comply with such requisition.

98. Resolution.-(1) Any member may move a resolution relating to a matter

concerning the administration of the Panchayat Samiti.

(2) The Chairman shall decide on the admissibility of a resolution and shall disallow
any resolution which, in his opinion is in contravention to the provisions of the Act or
the rules made there under. The decision of the Chairman on the question of
admissibility shall be final.

Provided that if a resolution moved in the meeting of a Panchayat Samiti

relates to a matter not connected with its administration and may lead to a
controversy, the Chairman shall refer the resolution to the District Panchayat Officer
and obtain his order as to whether it may be admitted, or not.

(3) The resolution shall not contain arguments, inferences, ironical expressions or
defamatory statements nor they shall refer to the character or the conduct of any
person in his public capacity.
(4) No resolution can be moved in respect of any matter subjudice in a court of law
including the judicial functions of the Gram Panchayat.

(5) Notice of a resolution shall be in writing and signed by the person, moving it.

(6) A member who wishes to move, a resolution shall give at least six clear days
notice of his intention and shall, alongwith the notice, submit a copy of the resolution
which he wished to move:

Provided that the Chairman may, for reasons to be stated by him, allow a
resolution to be entered on the list of business with a notice shorter than six days.

(7) If the member, when called on, is absent, the resolution standing in his name shall
be considered to have been withdrawn.

(8) Every resolution which has been moved shall be seconded by some other member
otherwise it shall not be discussed, nor shall any question be put on it.

(9) The Discussion on a resolution shall be strictly limited to the subject matter of the
resolution:

Provided that routine resolutions regarding periodical statements and

proceedings of Standing Committee and reports of Consultative Committee of
Panchayat Samiti may be put to the meeting by the Chairman without their having
been moved or seconded.

(10) A member while speaking, shall not,-

(i) Comment on any matter on which a judicial decision is pending;

(ii) Make a personal charge against any member;

(iii) Use offensive expression about the conduct of proceedings of

Parliament or of the Legislature of any State, or any other Panchayat
Samiti or Zila Parishad;

(iv) Utter defamatory words; and

 (v) Use his right of speech for the purpose of obstructing business of
Panchayat Samiti.

99. Suspension of sitting and maintenance of order.-(1) The Chairman may, in

case of grave disorder arising in the meeting, suspend any sitting and can convene the
meeting again at any time fixed by him.

(2) The Chairman may direct any member, who in his opinion is guilty of breach of
order, to withdraw immediately from the house and any member so ordered shall
withdraw forthwith.

100. Implementation of the resolution of the Panchayat Samiti.-(1) It shall be the

duty of the Block Development Officer, assisted by the staff working under him, to
faithfully implement and follow up the resolution of the Panchayat Samiti.

(2) The responsibility for executing various schemes and works in accordance with
the resolutions of the Panchayat Samiti and the instructions of the various
departments shall be the responsibility of the Block Development Officer assisted by
the staff working under him.

101. Duty of Panchayat Samiti to watch development schemes.- It shall be the

duty of the Panchayat Samiti as a whole, and the Chairman of the Panchayat Samiti
in particular, to keep a watch over the progress of the various development schemes
and works in progress or under maintenance in the Block and in case of any
slackness in the progress or any irregularity or misutilization of Samiti fund in any
manner, he shall bring the matter to the notice of the Deputy Commissioner and the
department concerned and shall also give a direction to the Block Development
Officer to tackle necessary remedial action. The maintenance of accounts and other
matters relating to Samiti fund shall also be the responsibility of the Block
Development Officer in his capacity as Secretary and Executive Officer of the
Panchayat Samiti.
102. Standing Committee Section 84 and 85.- The Panchayat Samiti shall in its
second meeting after its constitution and thereafter in its first meeting in the
subsequent financial year constitute standing committees under section 84 of the Act.
Each standing committee shall hold its meting at least twice in a financial year. Each
Committee shall submit its report to the Chairman, Panchayat Samiti within seven
days from the date of holding such meeting, who in turn shall place the
recommendations of the respective Standing Committees for the consideration of the
Panchayat Samiti in the subsequent meeting. The meeting of the committees shall be
convened by the respective Chairman.
CHAPTER-VI
ZILA PARISHAD

103. Prescribed Authority for the purpose of proviso to clause (d) of sub-section
89 of the Act.- The Director, shall be the Prescribed Authority for determining the
period for which one-fifth of the Chairman of the Panchayat Samiti shall be selected
by lot and rotation to Zila Parishads as provided under proviso to clause (d) of sub-
section (1) of Section 89 of the Act.

104. Prescribed Authority for the purpose of proviso to sub-section (3) of section
91 of the Act.- The Director, shall be the Prescribed Authority for following
relaxation in the time limits specified under sub-section (3) of Section 91 for
convening special ordinary meting, as the case may be, of the Zila Parishad.

105. Conduct of the business and proceedings of the meeting.- (1) All meetings of
the Zila Parishad shall ordinarily be held at its headquarters and the order of the
business to be transacted at every ordinary or special meetings shall be decided by
the Chairman of the meeting.

(2) If a meeting ordinary or special, is adjourned for want of quorum a fresh notice
of the meeting shall be given. If such an adjourned meeting is not held for want of
quorum, no second adjourned meeting shall be convened and the agenda of such
adjourned meeting shall be considered in the next general meeting of the Zila
Parishad.

(3) the minutes of the proceedings of a meeting of Zila Parishad shall be recorded in
Hindi in Devnagri script in the proceedings book to be maintained by the District
Panchayat Officer in his capacity as the Secretary of the Zila Parishad and the
proceedings book shall remain in his custody.
(4) A copy of the proceedings of every meeting duly attested by Secretary of Zila
Parishad shall be sent to the Director of Panchayati Raj within ten days from the date
of meeting held and to the concerned heads of departments as well as concerned
District Officer(s) of the concerned departments.

(5) Proceedings of every last meeting shall be read out at every subsequent meeting
and the same shall be confirmed and signed by the Chairman of the meeting and the
accounts for the past months shall be presented for the consideration and approval
of the Zila Parishad. Item-wise income and expenditure statement of the ongoing
development work being executed by Zila Parishad shall be placed in the meeting of
Form-34 for consideration and approval.

(6) Except Deputy Commissioner of the District, the Zila Parishad may require any
officer/official of the Agriculture, Animal Husbandry, Education, Fisheries, Food and
Supplies, Health and Family Welfare, Horticulture, Industries, Irrigation and Public
Health, Public Works, Revenue, Rural Development, Social Welfare Departments or
any other Department of the Government serving at district level to attend its meeting
and tender advice etc. in respect of any matter which concerned the Department to
which such officer/official belongs and every such officer/official shall comply with
such requisition.

106. Resolutions.-(1) Any member may move a resolution relating to a matter

concerning the administration of the Zila Parishad.
(2) The Chairman shall decide on the admissibility of a resolution and shall disallow
any resolution which, in his opinion contravenes any of the provision of the Act or
the Rules made there under. The decision of the Chairman on the question of
admissibility of such resolution shall be final.

(3) The resolution shall not contain arguments, inferences, ironical expressions or
defamatory statements nor they shall refer to the Character or the conduct of nay
person in his public capacity.

(4). No resolution can be moved in respect of any matter subjudice in any court of
law including the judicial function of the Gram Panchayat.

(5) Notice of a resolution shall be in writing and signed by the person, moving it.

(6) A member, who wishes to move a resolution shall give at least six clear day’s
notice of his intention to do so and shall alongwith the notice, submit a copy of the
resolution which he wishes to move:

Provided that the Chairman may, for reasons to be recorded in writing, allow a
resolution to be entered on the list of business with a notice shorter than six days.

(7) If the member moving the resolution is absent, the resolution standing in his
name shall be considered to have been withdrawn.

(8) Every resolution which has been moved shall be seconded by a member,
otherwise it shall not be taken up for discussion.

(9) The discussions on a resolution shall be strictly limited to the subject of the
resolution:
Provided that routine resolutions regarding periodical statement and
proceedings of standing committees of a Zila Parishad may be put before the
meeting by the Chairman without having been moved or seconded by the members.
(10) A member while speaking shall not----
(i) comment on any matter on which a judicial decision is pending;
(ii) make a personal charge against any member or against any other person who
is not present in the house;
(iii) use offensive expressions about the conduct of proceedings of Parliament, or
of the Legislature of any State, or of any other Zila Parishad, Panchayat
Samiti or Gram Panchayat;
(iv) utter defamatory words; or
(v) use his right of speech for the purpose of obstructing the business of the Zila
Parishad.

107. Suspension of sittings and maintenance of order.- (1) The Chairman may, in
case of grave disorder arising in the meeting, suspend any sitting and can convene the
meeting against at any time fixed by him.

(2) The Chairman may direct any member, who in his opinion is guilty of breach of
order, to withdraw immediately from the meeting and the member so ordered shall
withdraw forthwith from the house.

108. Implementation of resolution of the Zila Parishad.- (1) It shall be the duty of
the Chief Executive Officer, assisted by the staff working under him, to faithfully
implement and follow up the resolutions of the Zila Parishad.

(2) The responsibility, for executing the various schemes and works in accordance
with resolutions of the Zila Parishad and the instructions of the various departments
in relation to such works and schemes, shall be of the Chief Executive Officer and
the officers of the concerned departments (to whom the said works or schemes are
concerned).

109. Duty of Zila Parishad to watch developmental schemes.- It shall be the duty
of the Zila Parishad as a whole in general, and the Chairman of the Zila Parishad in
particular, to keep a watch over the progress of the various developmental schemes
and works being executed by or through the Zila Parishad. In case of any slackness
in the progress or any irregularity or misutilization of Zila Parishad funds in any
manner, he shall bring the matter to the notice of the Director, the Deputy
Commissioner concerned and the Head of the Departments concerned. The
concerned Head of the Department shall also give a direction to their officers to take
necessary remedial action. The maintenance of accounts and other matters relating to
Zila Parishad funds shall also be the responsibility of the District Panchayat Officer.

110. Functions of Standing Committees under section 96.- The Zila Parishad shall
in its second meeting after its constitution and thereafter in its every first meeting in
the subsequent financial year constitute Standing Committee under section 95 which
shall hold its meetings at least twice in a financial year. The Committee shall submit
its report to the Chairman of the Zila Parishad within seven days from the date of
holding such meeting who in turn shall place recommendations of the respective
Standing Committee for the Consideration of the Zila Parishad in the subsequent
meeting.
CHPATER-VII

111. Suit on behalf of Panchayats(Section 119).- (1) No suit shall be brought on

behalf of the Panchayat except as a last report, when other means of obtaining relief
have failed.

Explanation.- “Suit” means a suit by or against or affecting Panchayat or an officer

of Panchayat in his official capacity, or which is brought or defended by such officer
at the expense of Panchayat and includes an appeal, an application for revision or
execution of decree and any civil or judicial proceeding in which the Panchayat or an
officer of the Panchayat in his official capacity is a party or has any interest.

(2) The proposed defendant shall be given ample opportunity of stating his view of
the case and of coming to some agreement for the settlement of the claim of the
Panchayat out of Court.
(3) No person having a just claim against the Panchayat should be compelled to
resort to litigation to enforce the same.

(4) Communications made too the opposite party on the subject after in respect of
which it is possible that a suit may ensue shall be handed “without prejudice” and if
made orally, shall be stated to be made “without prejudice”.

(5) No suit on behalf of the Panchayat shall be instituted without the previous
sanction of the District Panchayat officer in case of Gram Panchayat or the Deputy
Commissioner in case of Panchayat Samiti or the Director of Panchayati Raj in case
of Zila Parishad. While according the sanction, the District Panchayat Officer, or the
Deputy Commissioner, or the Director of Panchayati Raj, as the case may be, shall
study the pros and cons of the suit in question and examine the following facts which
shall be submitted by the concerned Panchayat:-

(a) the circumstances which in his opinion render the institution of the suit
necessary, and precisely when or where these occurred ;
(b) the subject of the claim and relief sought;
(c) the steps which have been taken to obtain satisfaction of the claim without
bringing a suit;
(d) the pleas or objections, if any, which have been taken or raised by the proposed
defendant against the claim;
(e) the evidence, both oral and documentary, which is believed to be obtainable and
which is proposed to be adduced in support of the claim;
(f) whether the documents, if any referred to clause (e) are registered or not;
(g) whether or not the circumstances of the person against whom the suit is proposed
to be instituted area such as to render it likely that the execution of any decree
that may be given against him, will be obtained;
(h) the evidence, both oral and documentary, which, so far as is known, the
defendant will be able and is likely to adduce in his defence;
(i) whether the documents, if any, referred to in clause (h) are registered or not;
(j) any other facts which the reporting Panchayat considers material, for example,
whether there are any special reasons for the institution of the suit, apart from
the amount actually claimed; whether other similar claims will hinge upon its
decision; and
(k) the amount required for stamp and other expenses is available or not.

(6) Copies of all available documents referred to in the report or the documents in
original shall accompany the case submitted by the respective Panchayats.

112. Duty of Panchayats in cases of disputes.- (1) When any person threatens to
bring any suit against the Panchayat, it is incumbent on the Secretary in case of Gram
Panchayat or Executive Officer in case of Panchayat Samiti or Secretary in case of
Zila Parishad, as the case may be, in consultation with the Pradhan of Gram
Panchayat or Chairman of Panchayat Samiti or Zila Parishad, as the case may be, to
satisfy themselves without delay of justice or otherwise of the whole or any part of
the claim made and all reasonable efforts shall be made to bring an amicable
settlement, without resort to proceedings in a Court, so far as this can be done
without sacrificing the just rights of the concerned Panchayats.

(2) The Secretary of the Gram Panchayat or Executive Officer of the Panchayat
Samiti or Secretary of the Zila Parishad, as the case may be, shall immediately on
receiving any notice of an intended suit, proceed to inquire into the matter and
consider the claim put forward and decide or move the proper authority to decide
whether any, and if so what steps should be taken to adjust the claim, whether in
whole or part or whether the claimant should be left to take such legal action as he
may deem proper.

(3) When notice of the intention of any person to sue the Panchayat or any of its
officer has been received, no communication should ordinarily be made to such
person otherwise than under legal advice of Assistant District Attorney in case of
Gram Panchayats and Panchayat Samitis and District Attorney in case of Zila
Parishad or they may engage any other advocate with the approval of District
Panchayat Officer in case of Gram Panchayat, Deputy Commissioner in case of
Panchayat Samiti and Director in case of Zila Parishad.

(4) When after receiving any notice under sub-rule (3) and inquiring into the matter,
the Secretary and Pradhan of the Gram Panchayat, Executive Officer and Chairman
of the Panchayat Samiti and Secretary of the Zila Parishad, as the case may be, may
propose to:-
(a) tender any amount admitted to be due to the claimant;
(b) officer terms of adjustment or suggest reference to arbitration.

Legal advice should ordinarily be sought as to the form or terms of the

proposed tender, adjustment of reference, as the case may be, before they are
communicated to the opposite party and once a suit has been instituted, no sum
should be tendered, terms of adjustment offered or reference to arbitration suggested
without taking legal advice from the Assistant District Attorney/District
Attorney/Legal Expert.
113. Report and legal advice on a notice of suitor suits.- (1) On the receipt of a
notice of suit, the Secretary of the Gram Panchayat or Executive Officer of the
Panchayat Samiti or Chief Executive Officer of the Zila Parishad , as the case may
be, shall proceed to collect, with least possible delay, all information regarding the
facts of the case. Thereafter, he shall, as such as possible, submit a detailed report to
the Pradhan of the Gram Panchayat or Chairman of Panchayat Samiti or Zila
Parishad, as the case may be, alongwith the following documents together with the
exact list of the same for further necessary action:-

(a) the notice of the suit, the summons and a copy of the plaint;
(b) an annotated copy of the plaint stating against each paragraph whether each
statement of the fact made therein is correct or not, and if not, in what
respect it is not so;
(c) copies of documents and lists of documents, if any, filed with the plaint;
 (d) copies of all other documents procurable, which are believed to bear on the
case, either for the plaintiff or the defendant together with as accurate a
description as may be, of other documents, if any, which are believed to be
relevant, but of which the contents cannot be precisely ascertained except
through the court; and
(e) All the correspondence and written proceedings connected with the subject
of the suit.

(2) The report should be clear and detailed stating:-

(a) the circumstances which led to suit mentioning precisely when and where,
each occurred, the course which is proposed to be adopted, namely
whether to admit, compromise or defend the suit, and the reasons for the
same, and the steps, if any, which had already been taken to adjust the
matter out of court;
(b) whether the documents referred to in clause (c) and (d) of the preceding
sub-rule are registered or not; and
(c) the date fixed by the Court for the first hearing.
114. Copy of the judgment to be procured.- Immediately on the termination of any
suit, a copy of each of the judgement and decree or other oral order of the court shall
be procured without delay by the Secretary of the Gram Panchayat or the Executive
Officer of the Panchayat Samiti or Secretary of the Zila Parishad, as the case may be.

115. Copy of the judgment to place before the Panchayat.-(1) Immediately on

receipt of the copies specified in the last proceeding rule, the Secretary of the Gram
Panchayat or the Executive Office of the Panchayat Samiti or the Secretary of the
Zila Parishad, as the case may be, shall submit a report of the result of the suit for
information and discussion of the Gram Panchayat, Panchayat Samiti or Zila
Parishad, as the case may be.

(2) When the result is adverse, an involves disbursement of money, the report shall
state when the money will be required so as to enable the Gram Panchayat or
Panchayat Samiti or Zila Parishad, as the case may be, to make arrangements
accordingly.

116. Officers to submit report and recommendations for appeal or to close the
case.- (1) When any suit has been decided wholly or partly against the Gram
Panchayat or Panchayat Samiti or Zila Parishad or any of their officers in their
official capacity, and any such officer or the executive officer or the Secretary on a
perusal of the copies of the judgement and decree or other final order of the court, as
the case may be, is of the opinion that an appeal or an application for revision or
review should be prepared, he shall, as soon as possible prepare a report to that effect
stating the grounds of his opinion, and shall submit it to the Pradhan of the Gram
Panchayat or Chairman of the Panchayat Samiti and Zila Parishad, as the case may
be, together with the said copies of the evidence and all exhibits not previously
submitted at an earlier stage and also with a draft of the grounds on which he
considers that an appeal or application for revision or review shall be based. If the
copies of the evidence and exhibits can not be procured without considerable delay,
the report should be submitted without these and should be forwarded as soon as
possible afterwards. As the period within which such appeal or application may be
made is limited by law, there should be no delay in submitting reports and
recommendations.

(2) If the Secretary of the Gram Panchayat or the Executive Officer of the
Panchayat Samiti or the Secretary of the Zila Parishad, as the case may be, considers
that no appeal or application should be made, he shall submit a report to that effect.
(3) In all the matters, the opinion of the concerned Assistant District Attorney or
District Attorney, or advocate, as the case may be, shall be obtained before pursuing
and closing of the case.

117. Appeal, revision or review by opposite party.-(1) If an appeal or an

application of revision or for review of judgement is preferred by the opposite party
in any suit, the officer or any employee of the Panchayat receiving the notice thereof
shall at once submit a copy of the notice to the Pradhan Gram Panchayat or Chairman
Panchayat Samiti or Zila Parishad, as the case may be, who shall thereupon take such
measures, as may be necessary in consultation with the concerned legal expert, for
defending the case in the appellate or other courts.

(2) The provision of rules 115 and 116 shall be applicable to appeals, second appeal,
application for revision or review of the Judgment.

(3) No fresh sanction for the defence of the case shall be necessary in the case of an
appeal or an application for a revision or for review of the judgement preferred by or
against the Panchayat.

118. Payment of money in a suit which is not to be contested.- Whenever it has

been determined not to contest further a suit/decision of which is earlier wholly or
partly adverse to the Panchayat, the Secretary of the Gram Panchayat or Executive
Officer of the Panchayat Samiti or the Secretary of the Zila Parishad, as the case may
be, shall immediately arrange for the payment in the Court whose duty is to execute
the decree, all money payable under the decree.

119. Recovery of Amount and costs.- Immediately on a decree being given in

favour of the Panchayat or on officer thereof, when the suit has been brought or
defended at the expenses of the Panchayat, the Secretary of the Gram Panchayat or
Executive Officer of Panchayat Samiti or the Secretary of the Zila Parishad
concerned shall proceed to move the appropriate authority to take steps for the
recovery of the costs and of the amount, if any, decreed.

120. To ascertain the property of judgement debtor and to prevent the same
from fraudulent alienation.- The Panchayats shall be required to take all possible
measures to ascertain what property of the judgement debtor exists and is available
for attachment and sale in execution of the decree and that when security is taken
from the judgement debtor on stay of execution under rule 5 of order XLI in the first
Scheduled of the Code of Civil Procedure, the security taken by the Court is
substantial and sufficient and that proper action for immediate execution is taken if
the required security is not satisfactory, the following instructions for this purpose are
to be observed:-
(a) if an appeal is instituted and the execution of the decree is stayed by order of
the appellate court, the interval before the decision of the appeal should be
made use of in making inquiries as to the property of the judgement debtor;
(b) the provisions of rule 5 of order XLI in the First Schedule of the Code of
Civil Procedure are ordinarily sufficient to prevent fraudulent disposal of
property by the judgment debtor during the time gained by an appeal, but
the Secretary of the Gram Panchayat or the Executive Officer of the
Panchayat Samiti or the Secretary of the Zila Parishad, as the case may be,
should satisfy himself that the Security taken by the Court is sufficient to
execute the decree at once. If it is considered that the security rendered is not
good and sufficient, he will move an application, to the Court for furnishing
further sufficient security by judgement-debtor.
(c) if such application be referred, the Secretary of the Gram Panchayat or the
Executive Officer of the Panchayat Samiti or Secretary Zila Parishad, as the
case may be, shall endeavour to keep a watch on the property of the
judgement-debtor, so as to prevent any fraudulent alienation or concealment
of it.

121. Lease or sale of any property or public place (Section-119).-(1) A Panchayat

may lease out or sell any property or public place belonging to or vesting in it, if it
can be leased out profitably. A Panchayat may hold or acquire, as the case may be,
any property:

Provided that the previous sanction for sale or lease or acquire or hold shall be
obtained the from Deputy Commissioner if the value of the property or public place
does not exceed one lakh and of the Director, if the value of the property or public
place does not exceed two lakh and of the Government , if the value of the property
or public place exceed two lakh rupees:
 Provided further that the Government or the Director or the Deputy
Commissioner, as the case may be, may not accord sanction for the sale or lease or
acquire or hold of the property or public place, if such sale or lease or acquisition or
hold is not in the interest of the Panchayat or cause inconvenience to the public.
(2) All sales or lease shall be by auction after giving publicity as laid down in rule
122 by tender or in such other manner as may be decided by the State Government.

122. Mode of publicity.- When any property or public place is to be sold or given
on lease the Panchayat shall publish an auction notice in Hindi. The auction Notice
shall be displayed properly on the notice board and publicity shall be made by beat
of drums in the locality. Panchayat shall invite the objection from the affected
persons within the period of 30 days before acquiring or holding any property.

123. Prescribed Authority under Section 123.- The Deputy Commissioner of the
concerned District shall be the prescribed authority to whom a person, elected to
more than one office in a Panchayat, shall within 15 days from the date of declaration
of result of election, give in writing about holding one of the officers of his choice.

124. Publication of results.- Immediately after the declaration of result, Deputy

Commissioner, shall publish the result of every office bearer of the Panchayat
whether or not chosen by direct election, in the official gazette and will also display
the copy thereof on the notice board of the Panchayat.

125. Prescribed Authority under section 127(2).- The authority/officer who

convenes the meeting for the purpose of oath or affirmation of allegiance of Gram
Panchayat, Panchayat Samiti and Zila Parishads, as the case may be, shall be the
prescribed authority under section 127 (2)

126. Disposal of property or public other wise than by sale or lease.- If a

Panchayat wishes to dispose of any property or public place in any manner other
than by sale or lease, it shall obtain the previous sanction of the State Government
after giving details of the proposed transactions.
127. No confidence motion against Pradhan 1[or Up-Pradhan] [Section 129(1)].-
A notice signed by at least one-fifth of the members of Gram Sabha for bringing the
resolution for removal of Pradhan 2[or Up-Pradhan], giving reasons for the same,
should be delivered in person by at least five members of the Gram Sabha signing the
notice to Block Development Officer.

(2) On receipt of the notice of the no confidence motion to be brought against the
Pradhan the Block Development Officer shall serve him with the copy of the no
confidence motion. The Pradhan shall also be asked to place his/her defence and
explanation before the Gram Sabha meeting which shall be convened for the purpose
by the block Development officer within 30 days form the receipt of the notice. In the
requisition for the Gram Sabha meeting the Block Development Officer shall specify
the date, time and place of the meeting. Such a meeting shall be presided over by the
Block Development Officer himself:

Provided that the Gram Sabha meeting shall be convened not before the expiry
of 15 days from the date of issue of notice to the Pradhan.

3
[(3) If the no confidence motion is brought against the Up-Pradhan, the Block
Development Officer shall send a copy of the no confidence notice to the Pradhan of
the Gram Panchayat with the direction to call a Gram Sabha meeting under his
president ship. On receipt of such requisition, the Pradhan shall follow the procedure
laid down in sub-rule(2).]
(4) On the date, time and place of the Gram Sabha meeting, the Block Development
Officer 4[or the Pradhan, as the case may be,] shall ensure the quorum of on-half of
the total number of members of the Gram Sabha as required under Section 129(1) of
the Act, and then read out to the Gram Sabha the text of the notice in the requisition

1
Added vide notification No.PCH-HA(1)19/2008, dated 5th February, 2009 published in Rajpatra on 6.2.2009.
2
Added vide notification No.PCH-HA(1)19/2008, dated 5th February, 2009 published in Rajpatra on 6.2.2009.
3
Deleted vide notification No.PCH-HA(3)2/2000-II, dated 8.1.2008 and inserted vide notification No.PCH-
HA(1)19/2008, dated 5th February, 2009 published in Rajpatra on 6.2.2009.
4
Added vide notification No.PCH-HA(1)19/2008, dated 5th February, 2009 published in Rajpatra on 6.2.2009.
received by him and shall allow the motion to be moved and discussed. Upon
conclusion of the discussion and after a reasonable opportunity has been given to the
office bearer concerned to show cause against his proposed removal, the motion shall
be put to vote.

(5) The Chairman of the meting shall not speak on the merits of the motion nor shall
he be entitled to vote thereon.

(6) The Chairman of the meeting shall declare the result of the voting. The motion
shall be deemed to have carried when it has been passed by a majority of two-thirds
of the members of the Gram Sabha present and voting.

(7) The proceeding of the meeting shall be recorded by the secretary and he shall
send a copy of the same together with a copy of the motion and the result of the
voting to the Block Development Officer, District Panchayat Officer and to the
Deputy Commissioner concerned.

(8) Where the motion has been carried, the office bearer concerned shall stand
removed from his office with immediate effect and the Block Development Officer
shall cause a notice to this effect to be affixed at the office of the Gram Panchayat
and serve a copy of the same to the removed Pradhan 1[or Up-Pradhan, as the case
may be].

2
127-A. [xxxxxxxxxxxxxxxxxxxxxx]

128. No confidence motion against Chairman and Vice-Chairman of Panchayat

Samiti and Zila Parishad[Section 129(2)].- A notice of intention to move a
resolution requiring the Chairman or Vice-Chairman or both, of Panchayat Samiti or
Zila Parishad as the case may be, to vacate offices shall be given in Form-32. Such
notice shall be signed by not less than majority of its total elected members having

1
Added vide notification No.PCH-HA(1)19/2008, dated 5th February, 2009 published in Rajpatra on 6.2.2009.
2
Rule 127-A inserted vide notification No. PCH-HA(3)2/2000-II dated 8th January, 2008 and deleted vide
notification No.PCH-HA(1)19/2008, dated 5th February, 2009 published in Rajpatra on 6.2.2009..
right to vote of the Panchayat Samiti or Zila Parishad, as the case may be, and shall
be addressed to:-

(a) the Chairman, if the resolution is to be moved against the Vice-Chairman;

(b) the Vice-Chairman, if the resolution is to be moved against the Chairman, and
(c) the District Panchayat Officer, if the resolution it to be moved against both the
Chairman and the Vice-Chairman of a Panchayat Samiti and to the Deputy
Commissioner in case of both the Chairman and the Vice-Chairman of the
Zila Parishad.

129. Meeting to be convened with 15 days.- On receipt of notice under rule 128, the
Chairman, Vice-Chairman, the District Panchayat Officer or the Deputy
Commissioner, as the case may be, to whom the notice has been addressed, shall
convene a meeting with a period of fifteen days from the date of receipt of the notice.

130. Failure to convene meeting.- If on receipt of the notice the Chairman or Vice-
Chairman as the case may be, fails to call a meeting within the period specified in
rule 129, all or any of members of the Panchayat Samiti or Zila Parishad, as the case
may be, who had given notice of the intention to move a resolution under rule 128
may forward to the District Panchayat Officer or Deputy Commissioner, as the case
may be, a copy of the notice together with a copy of motion requesting him to
convene a meeting of the Panchayat Samiti or Zila Parishad, and the District
Panchayat Officer or the Deputy Commissioner, as the case may be, shall, within 15
days of the receipt of such request, convene a meeting of the Panchayat Samiti or
Zila Parishad, as the case may be, for the consideration of the motion at such date and
time as may be appointed by him.

131. Notice of meeting.- (1) The Chairman or Vice-Chairman or the District

Panchayat Officer or the Deputy Commissioner, as the case may be, shall issue, not
less than seven days before the appointed date of meeting, a notice of such meeting
and of the date and time appointed therefore, to every elected member of the
Panchayat Samiti or Zila Parishad (including the Chairman and the Vice-Chairman).
The notice shall be in Form 33 and shall be served on the members of the Panchayat
Samiti or Zila Parishad, as the case may be, in the manner given below:-

(a) by giving or tendering such notice to the elected member;

(b) by leaving such notice at his last known place of residence or business or by
giving or tendering the same to some adult member or servant of his family,
if any member is not found;
(c) if any member does not reside in the Panchayat Samiti area or Zila Parishad
area and his address elsewhere is known t o the Chairman or Vice-Chairman
or the District Panchayat Officer or the Deputy Commissioner, by sending
the same to him by registered post;
(d) if service is not practicable through any of the means specified in clauses (a)
and (c) by affixing the same at some conspicuous part of the member’s place
of residence or business.
(2) The copy of the notice of meeting shall be sent to the Deputy Commissioner or
Sub-Divisional Officer (Civil) for making arrangement to maintain law and order.

132. Defeat motion.- If within two hours after the time appointed for the meeting,
the quorum is not present, the meeting shall stand dissolved and motion shall be
deemed to have been defeated.

133. Matters to be included in the proceedings.- The Chairman or Vice-Chairman

or the District Panchayat Officer or the Deputy Commissioner, to whom the notice of
intention to move a resolution, requiring the Chairman or Vice-Chairman both of
Panchayat Samiti or Zila Parishad to vacate office, was addressed under rule 128
shall preside over meeting and shall draw up proceedings of the meeting, in the
proceeding register maintained by the Panchayat Samiti or Zila Parishad, as the case
may be, setting-forth therein:-
(a) the names of the members present;
(b) the names of the members giving notice;
 (c) date on which the notice of intention for bringing no confidence motion was
given under rule 128;
(d) the date fixed for the meeting and the date on which the notice of the meeting
was sent under rule 131;
(e) total number of elected members of Panchayat Samiti or Zila Parishad;
(f) the Chairman or Vice-Chairman were present;
(g) the time at which the meeting commenced and the time at which the meeting
was dissolved for want of quorum, if the meeting is so dissolved;
(h) the motion in extensor;
(i) the time at which the motion was put to vote;
(j) number of the members having right to vote and who voted against the
motion or their names;
(k) number of members having right to vote and who voted against the motion or
their names; and
(l) the result of voting whether the motion was defeated or succeeded.

134. Voting.- (1) Presiding authority shall arrange for the voting and ensure that
secrecy of the member casting his vote for a against the motion shall be maintained at
all levels.

(2) The presiding authority shall not speak on the merits and demerits of the motion
nor shall he be entitled to vote thereon while discussing the motion.

(3) The person against whom the no confidence motion has been brought, shall be
allowed to place his defence and explanation before the Panchayat Samiti or Zila
Parishad, as the case may be, if he so desires.

(4) Presiding authority shall declare the result of the voting. The motion shall be
deemed to have been carried when it has been passed by a majority of members
present and voting.
(5) Where the motion has been carried, the office bearer concerned, shall stand
removed from his office with immediate effect and the District Panchayat Officer or
the Deputy Commissioner as the case may be, shall cause the notice to this effect to
be fixed at the office of Panchayat Samiti or Zila Parishad, as the case may be, and
serve a copy of the same on there moved Chairman or Vice-Chairman of Panchayat
Samiti or Zila Parishad, as the case may be. If the Chairman is removed in that event
Vice-Chairman shall function as Chairman till the election of new Chairman. After
the removal of the Chairman or vice-Chairman or both of Panchayat Samiti or Zila
Parishad, as the case may be, the Deputy Commissioner shall convene a special
meeting of Panchayat Samiti or Zila Parishad as the case may be, within a week of
passing of no confidence motion to elect the Chairman or Vice-Chairman or both, as
the case may be, as per procedure laid down in Chapter IX and X of the Himachal
Pradesh Panchayati Raj (Election) Rules, 1994.

135. Resignation of office bearer (Section 130 of the Act).- (1) Pradhan or Up-
Pradhan or a member of the Gram Panchayat may resign his office by notifying in
writing his intention to do so to the concerned District Panchayat Officer:

Provided that the resignation shall be forwarded to the District Panchayat

Officer through the Block Development Officer concerned. The Block Development
Officer shall record his remarks regarding the genuineness of the resignation.

(2) Every resignation under sub-rule(1) shall take effect on the expiry of the 20 days
from the date of its receipt by the District Panchayat Officer concerned, unless within
the period of 20 days he withdraws such resignation by writing under his hand
addressed to the District Panchayat Officer.

(3) An office bearer of the Panchayat Samiti may resign his office in writing under
his hand addressed to the Deputy Commissioner through the Block Development
Office concerned. The Block Development Office shall record his remarks regarding
the genuineness of the resignation and Deputy Commissioner shall accept the
resignation on the expiry of 20 clear days from the date of receipt of such resignation
unless within the said period of 20 days, the office bearer concerned withdraws such
resignation by writing under his hand addressed to the Deputy Commissioner.
(4) An office bearer of the Zila Parishad may resign his membership/office in
writing under his hand addressed to the Director. The Director shall confirm from
the office bearer concerned as to its genuineness , where the notice of the resignation
is not delivered personally. The resignation shall become effective after the expiry of
30 days from the date of receipt of such resignation unless within the said period of
30 days, the office bearer concerned withdraws such resignation by writing under his
hand addressed to the Director.

136. Casual Vacancy.- (1) In the event of casual vacancy of Chairman or Vice
Chairman or both of the Panchayat Samiti or Zila Parishad on account of passing of
no confidence motion or death, or resignation or his becoming a member of State
Legislative Assembly, or member of either House of Parliament or other wise, the
Deputy Commissioner or any other officer authorized by him, shall convene a
meeting of the concerned Panchayat Samiti or Zila Parishad within seven days from
the date of passing of no confidence motion or receipt of information about the
vacancy that has occurred, to elect such Chairman or Vice- Chairman, as the case
may be, as per the procedure laid down in Section 131 of the Act and rules made
thereunder.

(2) In the event of casual vacancy occurring in the office of Pradhan due to
resignation or death or other , the Up-Pradhan shall perform all the duties and
exercise all the powers of the Pradhan during the period of casual vacancy.

137. Other officers and servants of Panchayats(Section 135 of the Act).- (1) The
Panchayats subject to the availability of funds in the budget, may be resolution
propose to the Director or any other officer authorized. The number of employees
required by it an salary and allowances to be paid to them and duties to be assigned
to each of them. The Director or any other officer authorized by him may allow the
appointment of such servant as he considers necessary for the efficient discharge of
the duties with following conditions:-
“No person shall be employed by a Panchayat, if he is a near relative (father, grand
father, father-in-law, maternal or paternal uncle, son, grandson, son-in-law, brother,
nephew, brother-in-law, wife, sister, sister’s husband, mother, daughter, niece,
mother-in-law, daughter-in law and husband) of any of its member or if he has been
convicted of any criminal offence involving moral turpitude. No employee of the
Panchayat shall be retained in service after he has attained the age of 58 years.”

(2) A Panchayat for good and sufficient reasons may impose the following penalties
on its employees:-

(i) Censure.
(ii) Recovery of whole or part of any pecuniary loss caused to the
Panchayat by negligence or breach of orders of the Panchayats.
(iii) Removal or dismissal of employees:

Provided that before imposing any penalty the employees shall be informed of
the specific charges against him and shall be given a reasonable opportunity to
explain his position or produce any evidence.

(3) An employee who has been punished under-sub-rule (2) may prefer an appeal
within thirty days of communication of the order of punishment to the employee to
the District Panchayat Officer in case penalty is imposed by the Gram Panchayat or
Panchayat Samiti and to the Director in case the penalty is imposed by Zila Parishad.

(4) In case of non-availability of sufficient work, the services of any employee of a

Panchayat can be dispensed with by giving him one month’s notice or in lieu thereof
one month’s pay.

(5) CCS(Conduct)Rules, 1964, as amended form time to time shall apply to the
servants of a Panchayat in so far as they are not inconsistent with the provisions of
the Act and these rules:
 Provided that for the word “Government” and the words “Government
Servant” wherever they occur in the aforesaid Rules, the word “Panchayat” and the
words “employee of Panchayat” shall be deemed to have been substituted,
respectively.

138. Power to suspend execution of order etc. of a Panchayat [Sub-section (1) of

Section 138 of the Act].- (1) The Sub Divisional Officer (Civil) in whose jurisdiction
the Gram Panchayat falls, shall be the Prescribed Authority in the mater of
suspending the execution of resolution passed, order issued, license or permission
granted or prohibiting performance of any act by a Gram Panchayat, if he is satisfied
that such a resolution, order, license or permission, as the case may be, falls within
the ambit of clauses (1) (b) & (C) of Sub-section (1) of Section 138.

(2) The Deputy Commissioner in whose jurisdiction the Panchayat Samiti falls shall
be the Prescribed Authority of suspending execution of resolution passed, order
issued, license or permission granted or prohibiting the performance of any act a
Panchayat Samiti on similar grounds referred to in Sub-rule (1) above.

(3) The Director, Panchayati Raj, shall be the Prescribed Authority in the case of
Zila Parishad under sub-section (1) of the Section 138 with regard to the suspending
execution of resolution passed, order issued, license or permission granted or
prohibiting the performance of any act by a Zila Parishad, if he is satisfied with the
enumerated in clauses (a) to (c) of aforesaid section.

(4) The Sub-Divisional Officer (Civil) or the Deputy Commissioner or the Director
of Panchayati Raj, as the case may be, shall forthwith send to the State Government
for confirmation a copy of the order with a statement of his reasons for making it
and with such explanation of the Gram Panchayat or Panchayat Samiti or Zila
Parishad, as may be given, within 10 days from the date of such order as required
under sub-section (2) of Section 138 of the Act.
139. Prescribed Authority of directing Panchayat for execution of works in
certain cases (Section 139 of the Act).- For the purpose of Section 139, the
following officers shall be the Prescribed Authority, namely:-

(1) for a Gram Panchayat, the Block Development Officer within whose
jurisdiction the Gram Panchayat falls;
(2) for a Panchayat Samiti, the Deputy Commissioner within whose jurisdiction
the Panchayat Samiti falls; and
(3) for a Zila Parishad, the Divisional Commissioner within whose jurisdiction
the area falls.

140. Liability of office bearers etc. for loss, misappropriation (Section 142 of the
Act).- Concerned District Collector in the case of Zila Parishad or Assistant
Collector 1st grade authorized by the Collector in the case of Panchayat Samiti and
Gram Panchayat, shall be the Prescribed Authority for the purpose of Section 142.

141. Power to recover records, articles and money (Section 144 of the Act).- The
Block Development Officer for the recovery of records, articles and money
belonging to Gram Panchayat or District Panchayat Officer for the recovery of
records, articles and money belonging to Samiti or Deputy Commissioner for the
recovery of records, articles and money belonging to Parishad, as the case may be,
shall be the prescribed authority for the purpose of section 144.

142. Suspension of office bearers of Panchayats(Section 145 of the Act).- (1) The
following shall be the Prescribed Authorities for the purpose of sub-section (1) and
(2) of section 145:-

(a) For the office bearers of Gram .. District Panchayat officer of the
Panchayat concerned District or authority
superior to him mentioned in (b)
and (c) below.

(b) For the office bearers of Panchayat .. Deputy Commissioner of the

Samiti concerned district or authority
 superior to him mentioned in (c)
below.

(c) For the office bearers of Zila Parishad .. Director.

(2) No inquiry may be initiated against the office bearers of the Panchayat on the
complaint by individual or group of people regarding misconduct and
misappropriation of Panchayat Fund, unless the complaint is duly signed and
contains specific allegations.

(3) In the event of suspension of the Pradhan of Gram Panchayat or Chairman of

Panchayat Samiti or Chairman of Zila Parishad, as the case may be, Up-Pradhan of
the Gram Panchayat, Vice-Chairman of the Panchayat Samiti or Vice-Chairman of
Zila Parishad, as the case may be , shall perform all the duties and exercise all the
power of the Pradhan of Gram Panchayat or Chairman of Panchayat Samiti or Zila
Parishad, as the case may be, during the period in which suspension continues.

143. Appeal and Revision (Section 148 of the Act).- 1[(1) Aggrieved party or
person may file an appeal or revision against the orders of proceedings of a Gram
Panchayat, Panchayat Samiti, Zila Parishad and other authorities under section 148 of
the Act to the following authorities:-
Appellate Authority Revising Authority
(a) against the orders Sub-Divisional Officer Deputy Commissioner of
and proceedings (Civil) of the concerned the concerned District ;
of Gram Sub Division
Panchayat
(b) against the orders Deputy Commissioner of Divisional Commissioner of
and proceedings the concerned District the concerned Division ;
of Panchayat
Samiti
(c) against the orders Divisional Secretary (Panchayati Raj) ;
and proceedings Commissioner of the
of Zila Parishad concerned Division

1
Sunstituted vide notification No.PCH-HA(1)19/2008, dated 5th February, 2009 published in Rajpatra on
6.2.2009.
 (d) against the orders Deputy Commissioner of Divisional Commissioner of
and proceedings the concerned District the concerned Division ;
of the District
Panchayat Officer
(e) against the orders Divisional Secretary (Panchayati Raj) ;
and proceedings of Commissioner of the
the Deputy concerned Division
Commissioner

(f) against the orders Secretary (Panchayati Financial Commissioner

and proceedings of Raj) (Appeals) ; and
the Divisional
Commissioner
(g) against the orders Secretary (Panchayati Financial Commissioner
and proceedings of Raj) (Appeals).]
any other authority

(2) The aggrieved party or person may file an appeal to the appellate authority
referred to in sub-rule (1) within thirty days from the date of orders or proceedings
whereas the revision may be filed within ninety days from the date of decision of the
appellate authority.

144. Prescribed Authority to grant permission under section 151.- The District
Panchayat Officer shall be the Prescribed Authority for granting permission as
required under Section 151 with respect to Gram Panchayat and Panchayat Samiti
and the Director, Panchayati Raj shall be the Prescribed Authority in respect of Zila
Parishad.

145. Prescribed Authority to assess damages.- (1) Sub-Divisional Officer (Civil)

with respect to Gram Panchayat and Panchayat Samiti and Deputy Commissioner in
case of Zila Parishad shall be the prescribed authority for the purpose of Section 158.
(2) The damages referred to in sub-section (2) of Section 158 of the Act shall be
assessed by a technically qualified officer not below the rank of a Junior Engineer,
keeping in view the value of the work and the cost of the property/material removed
and displaced or altered or otherwise interfered.
146. Bye-laws (Section 187 of the Act).- (1) In accordance with the provisions
contained in Section 187 of the Act, Gram Panchayat with the previous approval of
the Director, Panchayat Samitis and Zila Parishads with the previous approval of the
Government, may from time to time, make by notification, bye-laws, consistent with
the provisions of the Act and the Rules made thereunder for carrying out all or any of
the purpose of the Act.

(2) Before framing bye-laws, Panchayat shall publish a draft of bye-laws in its area,
by publishing them in a newspaper having largest circulation or by affixing the draft
of bye-laws in conspicuous places in the area of Gram Sabha or Panchayat Samiti or
Zila Parishad, as the case may be, as well as on the notice board of the office of the
Gram Panchayat or Panchayat Samiti or Zila Parishad as the case may be, and shall
invite objections within thirty days from the date of such publication.

(3) After considering objections, if any and taking decision thereon, the Gram
Panchayat or Panchayat Samiti or Zila Parishad, a the case may be, shall forward the
draft bye-laws through Director to the Government who may approve them, but in
the event of any modification proposed by Director or the Government, the same
shall be sent to the Panchayats for consideration. After examining the reply of the
Panchayat thereon, the Director or the Government as the case may be, may approve
the bye-laws as passed by the Panchayats or with modifications as may be deemed
fit.

(4) The bye-laws, as approved by the Director or by the Government as the case may
be, shall come into force after they have been notified.

147. Procedure when office bearer has pecuniary interest in subject under
consideration of meeting of Panchayats.- (1) The Presiding Authority may prohibit
any office bearer of the Panchayat form voting on or taking part in the discussion of
any question in which he believes such office bearer to have any pecuniary interest or
he may require such office bearer to absent himself during the discussion.
(2) Such office bearer may challenge the decisions of the Presiding Authority, who
shall there upon put the question to the meeting and the decision of the meeting shall
be final.

(3) The office bearer concerned shall not be entitled to vote on the question referred
to in sub-rule (2) and the Presiding Authority shall not be entitled to vote on the
motion referred to in sub-rule (4).

(4) If the Presiding Authority of the Panchayat is believed by any office bearer
present in the meeting to have any direct or indirect pecuniary interest in any subject
under discussion, the Presiding Authority may, if a motion to that effect is carried, be
required to absent himself from the meeting during such discussion.

148. Mode of service.- Any notice or other document under this Act or under any
rule, bye-law or order made there under shall ordinarily be sent either through a
special messenger or through Panchayat Chowkidar of the area or through Registered
post. In case the person concerned refuses to receive the notice or other document
under this Act or under any rule, bye-law or order made there under, the person
concerned or the special messenger or Panchayat Chowkidar, as the case may be,
shall make a written report to that effect to the issuing authority. A copy of the above
mentioned notice or documents etc. shall also be affixed to the notice board of the
Gram Panchayat or Panchayat Samiti or Zila Parishad, as the case may be, in that
event, when concerned party or person to whom the above notice and documents etc.
were addressed, do not receive or comply with the order. Thereafter the Gram
Panchayat or Panchayat Samiti or Zila Parishad, as the case may be, may proceed
further and may take ex-parte decision.

149. Proceedings and record of Panchayat open to inspection (Section 195 of the
Act).- (1) Any persons may apply for the copies of the following records of a
Panchayat in the manner prescribed in sub-rule (2) to (4):-

(i) All leases, agreement, resolution of the Panchayat;

 (ii) All final orders passed by the Panchayat or its officer or any matter which
affect the applicant as so much if any recommendation made by some
other person as is necessary to explain the meaning of final order;
(iii) Entries of Pariwar register;
(iv) Copies of no other record of the Panchayat which do not concern
individual, or is not in public interest shall be given.
(2) Every application for obtaining a copy of the records of the Panchayat shall be
made to the Pradhan of Gram Panchayat or Chairman of Panchayat Samiti or Zila
Parishad, as the case may be, stating therein the purpose for which copy is required
and shall be accompanied with a fee of rupees two.

(3) Copying fee shall be charged at the rate of rupee three for every page of fraction
thereof which shall be recovered in advance before making the copy applied for:

Provided that no fee shall be charged for the copy of the record from M.P and
M.L.A or the officer of the State Government, in case there are required for official
use.

(4) The Secretary of the Panchayat shall then get the copy prepared, certify it as a
true copy under his signature and seal and deliver it to the applicant or his duly
authorized agent, in case the copy of the record is prepared by the Secretary himself
he shall be entitled to get the 50% of the copying fees and remaining 50% shall be
deposited in the Sabha fund. If the Photostat copies of the record are provided the
copying fee after deducting the Photostat charges shall be deposited in the Panchayat
fund.

(5) Any person may apply for inspection of the records (including bills, muster rolls,
vouchers estimates and measurement book) of the Panchayat or any Committee
thereof to the Pradhan of Gram Panchayat or Chairman of Panchayat Samiti or Zila
Parishad as the case may be. The inspection fee shall be rupees two for the first hour
and rupee one for any subsequent hour or fraction thereof for every record inspected.
The inspection shall be made during the office hour in the office of Panchayat. The
use of pen and ink during the inspection is prohibited. Inspection of any record shall
be made in the presence of officer/official of the Panchayat.

(6) The fee chargeable under this rule shall be paid in cash with the application to
the Secretary of ex-officio Secretary of the Panchayat, as the case may be, who shall
further get it deposited in Panchayat Fund and forthwith give a receipt under his
signature in Form-3.

(7) The Director may from time to time revise the rates of copying and inspection
fee by notification.
1
[149-A. Weeding of Record.- (1) The Panchayat Secretary or Panchayat Sahayak,
in the case of Gram Panchayat, and the Secretary, in the case of Panchayat Samiti
and Zila Parishad, as the case may be, shall see that the work of checking and
weeding of files and other record is done regularly. The broad principle to be
followed in weeding and destruction of record is that no papers which are important
or are likely to become important in future, however indirectly, as sources of
information on any aspect of history, whether cultural, social, economic etc., or
which may in future prove to be biographical or antiquarian interest, shall be
destroyed. No record of the Panchayat, which is related to or involved in any legal
proceedings, shall be destroyed until the case has attained finality.
(2) The retention period for retention of each type of record of Panchayat shall be
such as is specified by the Director from time to time. The period specified for
weeding out the record shall invariably be taken to run from the date of final order on
the file.

(3) The Panchayat Secretary or Panchayat Sahayak, in the case of Gram

Panchayat, and the Secretary, in the case of Panchayat Samiti and Zila Parishad, as
the case may be, subject to the provisions of sub-rule (1), shall sort out the records,
files, registers etc., after tallying the same with the retention period specified by the
Director and prepare the list of the record proposed to be weeded out in the

1
Inserted vide notification No.PCH-HA(1)19/2008, dated 5th February, 2009 published in Rajpatra on
6.2.2009.
Elimination or weeding out Register in Form-35. The entries in columns 1 to 12 of
the register shall be made as soon as the record concerned is sorted out. For the sake
of convenience the records proposed to be weeded out shall be kept in the order in
which they have been entered in the Elimination or Weeding out Register.
(4) The list of the record, on Elimination or weeding out Register, proposed to be
weeded out shall be placed before the Record Weeding Committee which shall have
the following composition, namely :-
(i) in the case of the Gram Panchayat, it shall comprise of ,-

(a) Panchayat Inspector or Panchayat Sub-Inspector ;

(b) Pradhan of Gram Panchayat ;
(c) Panchayat Secretary or Panchayat Sahayak ;

(ii) in the case of Panchayat Samiti, it shall comprise of ,-

(a) Chairman, Panchayat Samiti ;

(b) Block Development Officer ;
(c) Panchayat Inspector or Sub-Inspector ; and

(iii) in the case of Zila Parishad, it shall comprise of ,-

(a) Chairman, Zila Parishad ;

(b) Executive Officer, Zila Parishad ;
(c) District Panchayat Officer.

(5) The Record Weeding Committee shall verify the list of record, prepared under
sub-rule (3) with the record proposed to be weeded out for ensuring that the list
meets out the conditions of sub-rule (1) and the specified retention period. The
Committee shall also look through the record to satisfy itself that the record has lost
its utility and entries in columns 13 and 16 shall be made for finalizing the list of
record to be destroyed or weeded out. Entries in the “Remarks” column can be made
whenever necessary, i.e., when the classification of a record is changed resulting in
the transfer of it to another period for elimination or destruction etc. The Committee
after approving the list of record to be destroyed or eliminated shall appoint any
official of the Panchayat or of the department of Panchayati Raj to be a weeder of
record.
(6) Immediately after destruction of the weeded record of the Panchayat, the
members of the Committee constituted under sub-rule (4) shall put their signatures as
a mark of authentication at the end of the list of the weeded out record in Form-35.]

150. Repeal and savings.- (1) The Himachal Pradesh Gram Panchayat Rules, 1971
and the Himachal Pradesh Panchayat Samiti Rules, 1971 are hereby repealed:

Provided that Rules 32,33,34,35, & 36 of the Himachal Pradesh Panchayat

Samiti Rules, 1971 shall continue to be in force till they are substituted by
corresponding Rules under the Himachal Pradesh Panchayati Raj Act, 1994.

(2) Notwithstanding such repeal anything done or any action taken, under these rules
so repealed, shall be deemed to have been done or taken under the corresponding
provisions of these rules to the extent that they are not inconsistent with the provision
of these rules.
FORM-1
(See Rule 34)

STOCK REGISTER OF GRAM PANCHAYAT

Name of Article………….
Gram Panchayat……………….Development Block………….District…………………..

Sl. No. Date Opening Balance Date of purchase/receipt and Cost of article
No. & description of article
1 2 3 4 5

Total Signature of Signature of the Condition of Date of disposal & No.

(col. the Pradhan attesting article on 1st April of article disposed of/
3+4) Custodian the entry made in on verification removed from the
of the article the register record
6 7 8 9 10

Particulars of Signature of Balance after Remarks

authority Pradhan when the disposal (Col 6-10)
authorizing disposal article is struck off
 the register
11 12 13 14
FORM -2
(See Rule 34)

STOCK REGISGTER OF RECEIPT BOOKS

Gram Panchayat……………………Development Block…………District………….

Sl. No. Date of No. of receipt Receipt No. of forms in

purchase/receipt books Sr. No. of the receipt receipt book
of the book purchased/received books refereed to in
Col. 4
1 2 3 4 5

Signature Signature of Date of issue for ISSUE Signature of the

of the the Pradhan use Sl. No. of the receipt official person
Custodian attesting the book issued for use to whom
of the entry made issued.
receipt in the
book . register
6 7 8 9 10

Signature of the Pradhan verifying the Remarks.

identity of the recipient
11 12

FORM-3
(See Rule 34 and 89)

FORM OF RECEIPT

COUNTERFOIL OF RECEIPT RECEIPT

Gram Panchayat………………………. Gram Panchayat……………………….
No. …………….Dated………………. No. …………….Dated……………….
Received from Sh…………………….. Received from Sh……………………..
a sum of Rupees(in words)………… a sum of Rupees(in words)…………
on account of………………………… on account of…………………………

Rs…………………Pradhan/Secretary Rs…………………Pradhan/Secretary
(in figures) Gram Panchayat (in figures) Gram Panchayat
 FORM-4
(See Rule 34)

LIBRARY STOCK REGISTER

Gram Panchayat……………………….Development Block……..District………………

Sl.No. Date of receipt Name of Name of Name of Price per Remarks.

or purchase of the book the Author publisher copy of
the book and its the book
script
1 2 3 4 5 6 7

FORM-5
(See Rule 34)

LIBRARY ISSUE REGISTER

Gram Panchayat…………………Development Block……….District……………………

Date of issue Name of book, its Name & address Due date of the
script and the of the person to returning of the
serial number of whom issued book
stock register
1 2 3 4

Date on which Signature of the Initial of the Remarks.

received back official to whom Pradhan
returned
5 6 7 8
 FORM-6

(See Rule 34)

STOCK MATERIAL REGISTER

Gram Panchayat……………….Development Block…………….District………….

Description of material…………………………………………………..

Date Opening Number of Total (Col. Signature of Name and

Balance Quantity of 2+3) the address of
article custodian the person to
received whom
issued.
1 2 3 4 5 6

Number or qty. Purpose for Signature of the Signature of the Remarks.

of article issued which issued persons in Pradhan in
acknowledgement token of
of his having attestation of
received the the entries
articles. made in the
register
7 8 9 10 11
 FORM-7

(See Rule 34)

EXECUTION OF DEVELOPMENT WORKS REGISTER

Gram Panchayat………………….Development Block………….District…………….

Name of the Work…………………..Village…………………..

SANCTION OF DEVELOPMENT WORK

Name of Letter No. Receipt

the & date or Amount Sanctioned Amount Received
sanctioning resolution Grant Public Total Receipt 1st 2nd
authority No. & contribution No. & installment installment
date of date
Panch.

1 2 3 4 5 6 7 8

EXPENDITURE

3rd Public Total Voucher Particulars Amount Total

installment Contribution No. &
date
9 10 11 12 13 14 15

Total………………………………
Total amount received Rs………..
Total expenditure incurred…….
Rs………………………………..
Panchayat funds Rs………………

Secretary Pradhan
Gram Panchayat……………. Gram Panchayat…………………..
 FORM-8

(See Rule 34)

GRANT-IN-AID

Gram Panchayat………………………Development Block……………..District………

Name of the work for which grant received………………………Village………………

Source of Estimated cost of the work… No. & date Date of receipt of
the grant of the letter grant…..
Grant-in- Public Total sanctioning Date(1) Amount(2)
Aid contribution the grant
1 2 3 4 5 6

Date of Total Total amount Saving, if any Date on which

completion of expenditure assessed UCC forwarded
the work technically
7 8 9 10 11

Secretary, Gram Panchayat……………. Pradhan, Gram Panchayat…………..

Dated………………………………….. Dated………………………………..
 FORM-9

(See Rule 34)

RATION CARD REGISTER

Gram Panchayat……………….Development Block……………….District………….

Sl. No. Name of Father/Husband’s Age Village Number of person

the person name
to whom
ration card Upto 12 Above
issued Years 12 Yrs.
1 2 3 4 5 6 7

Total Fee charged Signature of the Signature of Remarks.

with the receipt person Pradhan/ Up-
No. and date receiving the Pradhan issuing the
ration card ration card
8 9 10 11 12

FORM-10

(See Rules 21 & 34)

REPORT OF MARRIAGE

MARRIAGE REGISTRATION REGISTER

Gram Panchayat……………….Development Block……………….District………….

Sl. Name & address of Date of Name of Date of making Names of

No. the head of family marriage reporter report to the persons who
in which marriage and his Panchayat or date are married
has taken place address of registration of and their age
marriage
1 2 3 4 5 6

Signature Signature of Fee charged Registration Late Total Remarks.

of the the Fee fee
reporter Panchayat
and couple Secretary
(full initial)
7 8 9 10 11 12 13
 FORM-11

(See Rule 34)

IMMOVABLE PROPERTY REGISTER

Gram Panchayat………………Development Block…………District……………….

Sl. No. Name & Name of the Station and Settlement Areas
description village to boundaries No. and
of the which of the Khasra No.
property property property of the land
belongs
1 2 3 4 5 6

No. of trees Mode of No.& date of Name of Date of Rent per

in the land & occupation order tenant or termination annum
description & purpose authorizing lessee, if any of lease
thereof for which such and term of
used. occupation issue
& cutting by
whom
ordered
7 8 9 10 11 12

Signature of If held under Method of Name of the Date of Remarks.

the Pradhan direct final purchaser, if annual
& Secretary management disposal of any & verification
of the Gram approximate the property amount for of entries in
Panchayat annual & date of which sold proceeding
income & order of columns &
source from competent Sign. of
which authority Verifying
derived sanctioning Officer
sale etc.
13 14 15 16 17 18
 Form-12

(See rule 34)

DAK RECEIPT REGISTER

Gram Panchayat……………….Development Block…….District…………………

Sl. No. From whom No. & date Subject File in Brief
received of letter matter of the which Description
letter disposed off of the action
taken.
1 2 3 4 5 6

FORM-13

(See Rule 34)

DAK DESPATCH REGISTER (ACCOUNT OF STAMPS TO BE MAINTAINED IN

THIS REGISTER)

Gram Panchayat………….Development Block………………District……………….

Issue Number Date To whom sent Subject matter File No.

of the letter
1 2 3 4 5

ACCOUNT OF STAMPS

Account of stamps Amount of stamps utilized Balance of amount of

purchased stamps
6 7 8
 FORM-14

(See Rule 34)

CASH BOOK (GRAM PANCAHYAT FUNDS ACCOUNT)

Gram Panchayat…………………..Development Block…………….District…….

Date, month RECEIPT Receipt No. Ledger Folio Amount Total

and year Particulars No.
of Income
1 2 3 4 5 6

EXPENDITURE (DISBURSEMENT)

Date, month Particulars Voucher No. Ledger Folio Amount Total

and year of No.
expenditure
7 8 9 10 11 12

FORM-15

(See Rule 34)

LEDGER

Ledger account of……………………………….

Gram Panchayat……………………Development Block…………….District…….

Date, Particulars Cash Debit Credit Dr/Cr. Balance

month & Book folio
year No.
1 2 3 4 5 6 7
 FORM-16

(See Rule 34)

TAX REGISTER

Gram Panchayat ……………Development Block………..District………………

Year…………………….

Sl. Name & village of Name of Balance Amount Remission No. &
No. assessee with his Tax/duty of last assessed of tax date of
father/mother /cess /fee year (Rs.) Rs. P Rs. P resolution
name remitting
tax
1 2 3 4 5 6 7

Total amount to Amount Date of Balance at the Remarks.

be realized collected collection with end of year
receipt No.
Rs. P Rs. P. Rs. P Rs. P.
8 9 10 11 12

FORM-17

(See Rule 10 & 34)

PROCEEDING BOOK

Gram Panchayat………………Development Block…………..District……………..

Date, month and year Name of members present Business transacted

1 2 3

Signature of Pradhan
and
other members present.
 FORM-18

(See Rule 34)

INSPECTION REGISTER

Gram Panchayat……………………Development Block……….District……………

Sl. Date of Name & Details of the Action taken by

No. inspection of Designation of the inspection of visit the Panchayat
visit person inspecting note alongwith the to remove the
or visiting the signatures of the objections, if
Panchayat. person recording any.
inspection or visit.
1 2 3 4 5

FORM-19

(See Rules 21 & 34)

PARIVAR REGISTER

Gram Panchayat………………Development Block………..District…………………..

Name of village……………………………

Sl. House No. Name of Name of Name of Whether scheduled

No. head of the members of the father or caste or non-
family family mother or scheduled caste or
including head husband scheduled tribe or
of the family backward classes
indicating the
name of the caste/
tribe/ OBC
1 2 3 4 5 6

Actual date of Occupation Literate or Names added Remarks.

birth, if illiterate or struck off
recorded in with particulars
birth register or (Reference No.
approximate of birth, death
year of birth or marriage, as
the case may
be, should be
given)
7 8 9 10 11
 FORM-19-A

(See Rule 21)

GOSHWARA

Gram Panchayat…………….Development Block………….District……………

Sr. Total members of Total Male Total Female Total Scheduled

No. Gram Panchayat Castes

Adult Minor Adult Minor Adult Minor Men Women

1 2 3 4 5

Total ST Total other Backward Total literate Total illerate

Classes
Men Women Men Women Men Women Men Women
6 7 8 9

FORM-20

(See Rules 49 & 89)

REGISTER OF CIVIL SUITS GRAM PANCHAYAT

Sl. No. Date of Name of the Name of the Description Valuation of

Institution applicant or defendant, of the Suit the Suit
plaintiff with with
father’s/ Father’s/
husband’s husband’s
name & name &
address address
1 2 3 4 5 6

Date of Result of Whether Decision Date of Signature Remarks.

Decision the any appeal in appeal consignment
decision filed of revision of the file to
record room
7 8 9 10 11 12 13
 FORM-21

(See Rule 89)

REGISTER OF CRIMINAL CASES OF GRAM PANCHAYAT

Sl. Date of Name, Fathers, Name, Offence Date of Result of

No. Institution husband’s name Father’s decision the
& address of the husband’s decision
complainant name &
address of the
accused
1 2 3 4 5 6 7

Whether any Decision in Date of Signature Remarks.

appeal field appeal consignment of
the file to
record room
8 9 10 11 12

FORM-22

(See Rule 89)

REGISTER OF REVENUE PROCEEDINGS OF GRAM PANCAHYAT

Sl. No. Date of Name of Name of Description Valuation Date of

Institution the the of of the case decision
applicant respondent proceedings
with with
Fathers,/ Father’s/
husband’s husband’s
name & name &
address address
1 2 3 4 5 6 7

Result of Whether any Decision on Date of Signature Remarks.

decision appeal, appeal or consignment
revision, revision of files to
petition filed record room
8 9 10 11 12 13
 FORM-23

(See rule 55)

JUDGMENT FORM OR DECREE (IN CIVIL SUITS OR REVENUE

PROCEEDINGS)AWARDED BY GRAM PANCHAYAT

1. No. of suit or proceedings. :

2. Date of Institution of receipt
3. Valuation of the suit or proceedings :
4. Amount of fees collected :
5. Date of disposal :
6. Name of the Pancahes giving decision :

1.
2.
3.

Name of the Plaintiff or applicant………… Vs.

Name of the defendant or ….
opposite party………………
Parentage………………………………………….. Parentage……………………………
Religion…………………………………………. Religion…………………………
Age…………………………………………….. Age……………………………
Place of residence………………………….. Place of residence…………………
Name of Gram Sabha………………………. Name of Gram Sabha………………

JUDGMENT

Subject matter of the suit, contention of either side, list of the evidence from each
side, findings with reasons and conclusion.

Signature of the Panches. Signature & thumb impression of the parties.

 FORM-24

(See Rule 24)

JUDGMENT IN CRIMINAL CASES AWARDED BY GRAM PANCHAYAT

1. No. of case ..
2. Date of Institution ..
3. Amount of fees collected ..
4. Date of disposal ..

Name of applicant………………….. Vs.. Name of accused…………………….

Parentage…………………………… Parentage……………………………
Religion…………………………….. Religion……………………………..
Age…………………………………. Age………………………………….
Place of residence………………….. Place of residence…………………..
Police Station………………………. Police Station……………………….
Gram Sabha……………………… Gram Sabha………………………

JUDGMENT

(Substance of the complaint and the plea of the accused, gist of evidence from both
sides, the findings with reasons and conclusion).

Signature of the Panches. Signature or thumb impression of the parties.

FORM-25

(See rule 55)

DECREE FORM ISSUED BY THE GRAM PANCHAYAT PLAINTIFF

V/S
DEFENDANT

Claim for…………………………………………………………………...
This suit coming on this day for final disposal before the Panchayat………….. ………..
defendant’s Mukhtiar, it is ordered that………………………………………….do pay to
the…………………………….the sum of Rs………………………………………..

Given under my signatures and seal of the Gram Panchayat……………….this……

day of…………...

Signature of the Pradhan

Gram Panchayat…………..
 FORM-26

(See Rules 85 & 89)

REGISTER OF EXECUTION OF DECREE OF GRAM PANCHAYAT

Sr. No. Date of No. of the Name & Date & Name of Name of
presentation suit address of description the the
of the parties of the applicant judgement
application to the suit decree debtor
1 2 3 4 5 6 7

Prayer of the Date & result of Brief contents Date of Remarks.

applicant execution of the order consignment of
with date & file to the
name of the record room
Officer passing
order
8 9 10 11 12

FORM-27

(See Rules 86 & 89)

REGISTER OF RECOVERY OF FINES OF GRAM PANCHAYAT

Sl. No. Name of Description Particulars Date of Amount of Name of

case of the case of the decision fine the party
parties on which
fine
imposed
1 2 3 4 5 6 7

Amount of Date of Date of Amount Date of Balance of Remarks.

fine receipt presentation received recovery fine
recovered of by SDJM by SDJM
by Gram application
Panchayat to the Court
of SDJM
8 9 10 11 12 13 14
 FORM-28

(See Rules 83 & 89)

REGISTER OF DIET MONEY OF GRAM PANCHAYAT

Sl. No. Number of Amount Date of By whom Amount To whom

case deposited deposit deposited paid paid
alongwith
particulars
of the
parties
1 2 3 4 5 6 7

Date of payment Signature of recipient Signature of Pradhan or Up-

Pradhan or Panch before
whom payment is made
8 9 10

FORM-29

(See Rule 89)

REGISTER OF PROCESSES AND SUMMONS OF GRAM PANCHAYAT

Sl. No. of the Name of the Date of Date of Signature Date of

No. case/suit/ persons whom issue of handing of the serving of
proceedings the summons summons over person summons
in which have been summons serving
summons issued to persons the
issued serving summons
the or notice
summon
or notice
1 2 3 4 5 6 7

Date of Signature of Total Share of Date of Signature of

return of Secretary amount of person disbursement person
summons to notice fee serving the to person receiving the
the summon or receiving summon or
Panchayat notice summon or notice.
notice
8 9 10 11 12 13
 FORM-30

(See Rules 57, 68, 89 & 92)

FORM OF RECEIPT (RECEIPT BOOK)

Gram Panchayat………………..Date….. Gram Panchayat………………..Date…..

Received from Sh………………………. Received from Sh……………………….
a sum of Rs……………………………... a sum of Rs……………………………...
on account of……………………………. on account of…………………………….
Court fee……………………………….. Court fee………………………………..
Summon fee…………………………….. Summon fee……………………………..
Execution fee…………………………… Execution fee……………………………
Application fee………………………… Application fee…………………………
Copying fee…………………………… Copying fee……………………………
Fine…………………………………….. Fine……………………………………..
Any other fee………………………….. Any other fee…………………………..
Signature of the Pradhan/ Signature of the Pradhan/
Up-Pradhan/Secretary Up-Pradhan/Secretary

FORM-31

(See Rule 69)

SUMMON ISSUED BY GRAM PANCHAYAT

No. of suit/case/proceedings………………………………………………………………
Name of the parties………………………………….Versus……………………………
Nature of offence or claim………………………………………………………………
Date of Institution……………………………………………………………………….
Name & Description of the person summoned………………………………………….
Whereas this case will be placed before the Gram Panchayat………………………on
………………………………………. (date & time)……………………at (Place)………
You are hereby required to attend as an accused/defendant/Judgement/debtor/other party/
witness, for giving evidence/to produce the following documents:-

Signature of the Pradhan with seal or

Chairman of the bench.
 FORM-32

(See Rule 128)

To

1. The Chairman/Vice Chairman,

Panchayat Samiti/Zila Parishad,
…………………………………HP.
2. The District Panchayat Officer,
District……………………(HP).

3. The Deputy Commissioner,

District……………………(HP).

Sir, Madam,

We the undersigned members of Panchayat Samiti/Zila Parishad……

Himachal Pradesh, do hereby give notice of our intention to make a motion by a resolution
requiring the Chairman and/or Vice-Chairman to vacate Office/Offices as required under
sub-section (2) of section 129 of Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994)
read with rule 128 of the Himachal Pradesh Panchayati Raj (General) Rules, 1997, at a
meeting to be convened for the purpose.

2. A copy of the motion proposed to be made is enclosed.

Signed at………………………… On the……………………….

Day of…………………………..

1.
2.
3.
4.
5.
 FORM-33
(See Rule 131)

To

The Chairperson/Vice-Chairperson/Member,
Zila Parishad/Panchayat Samiti,
District………………….(HP).

Dated…………………..

Sir/Madam,

Whereas a notice of intention to bring a resolution requiring Chairperson or

Vice-Chairpersons or both to vacate his/their offence/offices under section 129(2) of the
Himachal Pradesh Panchayati Raj Act, 1994(Act No. 4 of 1994), read with Rule 129 of the
Himachal Pradesh Panchayati Raj (General) Rules, 1997 has been received
on……………………

Therefore, I hereby give the notice that the meeting of Zila Parishad/
Panchayat Samiti has been convened on……………….at…………………in the office of
Zila Parishad/Panchayat Samiti to consider the above notice.

The copy of the proposed resolution to be placed in the meeting is enclosed.

Signature of the Issuing Authority

Note-Struck off which is not applicable.

FORM-34
[See Rules 18(3), 27(3), 97(5) & 105(5)]

PROFORMA FOR PLACING THE INCOME AND EXPENDITURE STATEMENT OF

ON-GOING DEVELOPMENTAL WORKS IN THE MEETING OF PANCHAYATS

1. Date of meeting of Panchayat…………………..

2. Name of work…………………………………..
3. Name of scheme……………………………….
 4. Date on which works started……………………
5. Latest position of work…………………………
6. Sanctioned amount………………………………..
7. Detail of expenditure……………………………..
8. Total expenditure…………………………………

MATERIAL:
Sl. Date Detail of Source of Material received Material Expenditure
No. material purchase Qty. Rate Amount Actually on material
(A) (B) (C) used
(Quantity)
1 2 3 4 5 6 7

1.
2.
WAGES:
Sl. Muster Month Working days Working Amount Amount Total
No. Roll of un-skilled days of paid to paid to Expenses
labourers skilled un- skilled
labourers skilled labourers
labourers
1 2 3 4 5 6 7 8
1.
2.
3.
Signature of Gram Panchayat Avam Vikas Adhikari/
Secretary of PS/ZP.
The details of the above expenditure were read out in the meeting and we agreed it.
1. Pradhan, Gram Panchayat/Chairman,
Panchayat Samiti/Zila Parishad.
2. Up-Pradhan, Gram Panchayat/
Vice-Chairman, PS/ZP.
3. Member:
(1)
(2)
(3)
1
[Form-35
(See rule 149-A)

ELIMINATION OR WEEDING OUT REGISTER

Sl. No. Type of record No. of pages in case of file

File No. Correspondence Notes

1
Added vide notification No.PCH-HA(1)19/2008, dated 5th February, 2009 published in Rajpatra on 6.2.2009.
 1 2 3 4 5

Details in case of registers Details in case of Vouchers/Counterfoils of

receipts issued.

Date of Date of No. of Sr. No Date

opening closing pages
From To From To
6 7 8 9 10 11 12

Signature of Panchayat Secretary/ Date of Signatures of the Remarks

Panchayat Sahayak destruction Weeder
13 14 15 16

Signatures of the members of the weeding committee.]