(1) This Act may be called the Haryana Panchayati Raj Act, 1994.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date as State Government may, by notification, in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(i) ''Additional Director'' means an officer appointed by the Government to perform the functions of an Additional Director under this Act;
1[(ii) ''Adult'' means a person, male or female or transgender, who has attained the age of eighteen years;]
(iii) ''Assembly'' means the Haryana Legislative Assembly;
(iv) ''Backward Classes'' means such classes of citizens as may be specified by the Government from time to time;
(v) ''block'' means such local area in a district as may be declared by the Government, by notification in the Official Gazette, to be a block at intermediate level;
(vi) ''Block Development and Panchayat Officer'' means an officer appointed as such by the Government;
(vii) "building" means any shop, house, hut, out-house, shed or stable whether used for the purpose of human habitation or otherwise and whether of masonary, bricks, wood, mud, thatch, metal or any other material whatsoever and includes a wall and a well ;
(viii) "business" includes any trade, commerce or manufacture or an adventure or concern in the nature of trade, commerce or manufacture ;
(ix) "bye-laws" means the bye-laws made by a Gram Panchayat, Panchayat Samiti or Zila Parishad under this Act;
(x) "casual vacancy" means a vacancy occurring otherwise than by efflux of time;
(xi) "cattle" means and includes bulls, bullocks, heifers, cows and their youngs, 2[* * *], camels, buffaloes, horses, mares, ponies, colts, mules, asses, swine, sheep, ewes, rams, lambs, goats and kids ;
(xii) "Chairman" means a Chairman of Panchayat Samiti elected under this Act;
(xiii) "Chief Executive Officer" means the Chief Executive Officer of a Zila Parishad ;
1 Substituted by Haryana Act 11 of 2020.
2 Omitted by Haryana Act No.8 of 2015.
Short title, extent and commence ment.
Definitions.
(xiv) "Collector" means the Collector of a district in which the village is situated and includes any officer appointed by the Government to perform the functions of a Collector under this Act;
(xv) "Committee" means any Standing Committee or local Committee or Sub-Committee constituted under this Act ;
(xvi) "common land" means land which is not in the exclusive use of any individual and has, by usage, custom or prescription been reserved for the common purposes of village community or has been acquired for such purposes ;
(xvii) "competent authority" means such Government officer or authority as the Government may , by notification in the Official Gazette, appoint to perform the functions of a competent authority under this Act ;
(xviii) "Deputy Commissioner" means the Deputy Commissioner of a district and includes any officer not below the rank of an Assistant Commissioner appointed by the Government to perform the functions of a Deputy Commissioner under this Act ;
(xix) "Director" means the Director of Panchayats appointed under this Act ;
(xx) "District" means a revenue district in the State of Haryana ;
(xxi) "District Development and Panchayat Officer" means an officer appointed by the Government to perform the functions of a District Development and Panchayat Officer under this Act ;
1[(xxi-a) “Divisional Commissioner” means the Divisional Commission of the division;]
(xxii) "erection or re-erection or enlargement" of any building includes—
(a) any material alteration or enlargement of any building;
(b) the conversion, by structural alteration, into a place of human habitation of any building not originally constructed for human habitation ;
(c) the conversion of two or more places of human habitation into a lesser number of such places ;
(d) the conversion of one or more places of human habitation into a greater number of such places ;
(e) such alteration of a building as would effect a change in the drainage of sanitary arrangements or materially affect its security ;
(f) the addition of any rooms, buildings, out-houses or their structures to any building ;
(g) the conversion, by any structural alteration into a place of religious worship or into a building used for a sacred purpose or any place or building not original meant or constituted for such purposes ;
(h) roofing or covering an even space between walls or buildings, in respect of the structure which is formed by roofing or covering such space ;
(i) conversion into a stall, shop, warehouse or godown of any building not originally constructed for use as such or vice versa ;
and 1 Inserted by Haryana Act No.3 of 2023.
(j) construction of a door in a wall adjoining any street or land not vested in the owner of the wall and opening on such street or land ;
(xxiii) "Executive Officer" means an Executive Officer of a Panchayat Samiti ;
(xxiv) "Factory" means a Factory as defined in the Factories Act, 1948 (Act 13 of 1948) ;
(xxv) "Finance Commission" means the Finance Commission constituted under clause (I) of article 243-1 of the Constitution of India ;
(xxvi) "general election" means the election held under this Act for the constitution or reconstitution of a Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, after the expiry of its term or otherwise ;
(xxvii) "Government" means the Government of the State of Haryana ;
(xxviii) "Gram Fund" means Gram Fund provided under this Act ;
(xxix) Gram Panchayat" means the Panchayat constituted at village level under this Act ;
(xxx) "Gram Sabha" means a body consisting of persons registered as voters in the electoral rolls of a village comprised within the area of the Panchayat at the village level ;
(xxxi) "Gram Sachiv" means a Gram Sachiv of a Gram Panchayat or group of Gram Panchayats appointed by the Government ;
(xxxii) ”Joint Director” means an officer appointed by the Government to perform the functions of a Joint Director under this Act;
(xxxiii) ”Local Authority” means a Municipal Corporation, Municipal Council, Municipal Committee, Cooperative Society, Market Society, Improvement Trust, Cantonment Board, Urban Development Authority, Gram Panchayat, Panchayat Samiti, Zila Parishad, a Board or Company or Corporation financed or aided by Central or State Government :
(xxxiv) "market" means a place for the sale or purchase of goods or animals ;
(xxxv) "member" means a member of Panchayat Samiti or Zila Parishad, as the case may be ;
(xxxvi) "municipality" means municipality as defined in the Haryana Municipal Act, 1973 ;
(xxxvii) "nuisanace" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to the health or property of the public, or of the people in general, who dwell in the vicinity or of persons who may have occasion to exercise a public right ;
(xxxviii) "octroi or octroi duty" means a tax on the entry of goods into Panchayat, Panchayat Samiti or Zila Parishad area, for consumption, use or sale therein ;
(xxxix) "offensive or dangerous trade" means any trade, business or industry dangerous to life, health or property or likely to cause nuisance, and which is so notified by the Government ;
(xl) "owner" includes the person for the time being receiving the rent of any land or building or part thereof, whether on his own account or as agent, receiver or trustee or who would receive rent if the land or building or part thereof were let to a tenant ;
(xli) "Panch" means a member of a Gram Panchayat elected under this Act 1[* * *];
(xlii) "Panchayat area" means the territorial area of a Gram Panchayat ;
(xliii) "Panchayat Samiti" means a Panchayat Samiti constituted for a block under this Act and having jurisdiction over the block area as notified in the Official Gazette ;
(xliv) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published ;
(xlv) "prescribed" means prescribed by rules made under this Act ;
(xlvi) "prescribed authority" means such authority as may be prescribed by rules made under this Act ;
(xlvii) "President" means a President of a Zila Parishad elected under this Act ;
(xlviii) "private market' means a market other than a public market ;
(xlix) "public market" means any market owned by a Gram Panchayt at Panchayat Samiti or Zila Parishad acquired, constructed, maintained or managed by a Gram Panchayat or Panchayat Samiti or Zila Parishad ;
(xlviii) "private market' means a market other than a public market ;
(xlix) "public market" means any market owned by a Gram Panchayat at Panchayat Samiti or Zila Parishad acquired, constructed, maintained or managed by a Gram Panchayat or Panchayat Samiti or Zila Parishad ;
(l) “public place” means any place, building or structure situated within the jurisdiction of a Gram Panchayat, Panchayat Samiti, Zila Parishad area to which the public has free access or which is open to be used for enjoyment of the public, whether such place is vested in a Gram Panchayat, Panchayat Samiti, Zila Parishad or not ;
(li) “public servant” means a public servant as defined in section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860) and shall include a Panch, 2[* * *] Sarpanch, member of Panchayat Samiti or Zila Parishad, Chairman or Vice Chairman and President or Vice-President;
(lii) “public street” means a pathway, road, street, bridge-land, square, court, alley or passage, in a village, which the public has a right to use and includes the drains or gutters on either side and the land upto the defined boundary of any abutting property, notwithstanding any projection over such land of any verandah or other superstructure ;
(liii) “qualifying date” means the 1st day of January the year in which the list of voters for the purposes of the general election of members for constituting or reconstituting a Gram Panchayat, Panchayat Samiti or Zila 1 Ommitted by Haryana Act No.10 of 1999.
2 Ommitted by Haryana Act No.10 of 1999.
Parishad as the case may be is prepared or revised under the provisions of this Act ;
(liv) “Sabha area” means an area declared to be Sabha area under this Act ;
(lv) “Samiti Fund” means the Panchayat Samiti Fund under this Act ;
(lvi) “Sarpanch” means a Sarpanch of Gram Panchayat elected under this Act ;
(lvii) “Schedule” means the Schedule appended to this Act ;
(lviii) “Scheduled Castes” means such castes, races or tribes or parts of or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Haryana under article 341 of the Constitution of India ;
(lix) “Secretary” means the Secretary of the Zila Parishad ;
1[(lix-a) “Session” means a series of sittings of a Panchayat Samiti or Zila Parishad, as the case may be.]
(lx) “Social Education and Panchayat Officer” means a Social Education and Panchayat Officer and includes an officer appointed by the Government to perform the functions of a Social Education and Panchayat Officer under this Act ;
(lxi) “State Election Commission” means the State Election Commission constituted under article 243 K of the Constitution of India ;
(lxii) “street” means any road, footway, square, court, alley or passage accessible whether permanently or temporarily to the public whether a thoroughfare or not ;
(lxiii) “Sub-Divisional Officer” means an officer-in-charge of a Sub-Division of a district constituted for revenue and general purposes ;
(lxiv) “tax” includes a cess, duty, fee, rate, toll or other impost leviable under this Act ;
(lxv) “territorial constituency” means a ward in which a village or group of villages or a Block or a District is divided for the purposes of election of Gram Panchayat, Panchayat Samiti and Zila Parishad ;
(lxvi) “vehicle” means a vehicle as defined in the Motor Vehicles Act, 1988 and includes a bicycle, tricycle, motor car and every wheeled conveyance which is used or capable of being used on a public street ;
(lxvii) “Vice-Chairman” means a Vice-Chairman of a Panchayat Samiti elected under this Act ;
(lxviii) “Vice-President” means a Vice-President of a Zila Parishad elected under this Act ;
(lxix) “village” means a revenue estate in the revenue records of a district in which it is situated or a village as may be specified, by notification in the Official Gazette, by the Government ;
(lxx) “village level functionary” means any person performing his official duties in the sabha area and includes patwari, school teacher, secretary of a co-operative society, forest guard, village extension worker, agriculture development officer, multi-health purpose workers, anganwari workers and supervisors, auxiliary nurse, midwife, tube well operator of Public 1Inserted by Haryana Act 41 of 2019.
Health Department, employees of civil and veterinary dispensaries, craftteacher, gramsevika, lineman of Electricity Board etc ;
1[(lxx-a) “Ward Sabha” means a body consisting of persons registered in the voters list of each constituency of each Gram Panchayat.]
(lxxi) “watercourse” means any channel which is maintained at the cost of the irrigators and is supplied with water from any canal to which the Haryana Canal and Drainage Act, 1974(Haryana Act 29 of 1974), the Punjab Minor Canals Act, 1905 (Punjab Act 3 of 1905), or any other Act for the time being in force applies and includes all subsidiary works connected with such channel except the sluice or outlet through which water is supplied to such channel ;
(lxxii) “Zila Parishad” means a Zila Parishad constituted at district level under this Act.;
(lxxiii) “Zila Parishad Fund” means the Zila Parishad Fund under this Act.
(lxxiii) “Zila Parishad Fund” means the Zila Parishad Fund under this Act.
CHAPTER II General provisions applicable to Gram Panchayats, Panchayat Samitis and Zila Parishads
3. 2[(1) Every Gram Panchayat, Panchayat Samiti and Zila Parishad unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer:]
Provided that all the Gram Panchayats and Panchayat Samitis existing immediately on the commencement of the Constitution (Seventy-third Amendment) Act, 1992 shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that affect by the Assembly.
(2) An election to constitute a Gram Panchayat, Panchayat Samiti and Zila Parishad, as the case may be, shall be completed—
(a) before the expiry of its duration specified in sub-section (1) ;
(b) before the expiry of a period of six months from the date of its dissolution :
Provided that where the remainder of the period for which the dissolved Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, would have continued is less than six months, it shall not be necessary to hold any election for constituting the Gram Panchayat, Panchayat Samiti or Zila Parishad for such period, as the case may be.
(3) A Gram Panchayat, Panchayat Samiti or Zila Parishad constituted upon the dissolution of a Gram Panchayat, Panchayat Samiti or Zila Parishad before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Gram panchayat, Panchayat Samiti or Zila Parishad, as the case may be would have continued under sub-section (1) had it not been so dissolved.
3 [(4) If a Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, is not reconstituted before the expiration of its duration laid down in sub-section (1), it shall be deemed to have been dissolved on the expiry of the said duration and, thereupon, provisions of sub-section (2) of section 52, sub-section (1) of 1 Inserted by Haryana Act 11 of 2020.
2 Substituted by Haryana Act 11 of 2020 and then by Act 13 of 2021.
3 Added by Haryana Act No.11 of 2000.
section 111 or sub-section (4) of section 158, as the case may be, shall be applicable. ] 1[3A. Ward Sabha.- (1) Subject to the general orders of the Government, every Ward Sabha shall meet at least once in six months.
(2) The quorum for the meeting of a Ward Sabha shall be not less than onetenth of the total number of members of the Ward Sabha or twenty members, whichever is less.
(3) The Ward Sabha shall, exercise the following powers and discharge the following functions in such manner, as may be prescribed, namely:-
(a) generate proposals and determine the priority of schemes and development programme to be implemented in the area of the Ward Sabha and forward the same to the Gram Sabha for inclusion in Gram Panchayat development plan;
(b) identify the most eligible persons from the area of Ward Sabha for beneficiary oriented schemes on the basis of criteria fixed and prepare list of eligible beneficiaries in the order of priority and forward the same to the Gram Panchayat;
(c) verify the eligibility of persons getting various kinds of welfare assistance from Government such as pensions and subsidies;
(d) get the information from the officers of the Gram Panchayat as to the services they shall render and the works they propose to do in the succeeding period of six months after the meeting of the Ward Sabha;
(e) get information from the Gram Panchayat on the rational of every decision of the Gram Panchayat concerning the area of the Ward Sabha;
(f) get information from the Gram Panchayat on the follow up action taken on the decisions of the Ward Sabha;
(g) provide and mobilize voluntary labour and contributions in cash and kind for development work and supervise such development works through volunteer teams;
(h) make efforts to ensure that the members of Ward Sabha pay taxes and repay loans to the Gram Panchayat;
(i) suggest the location of streetlights, street or community water taps, public wells, public sanitation units, irrigation facilities and such other public amenity schemes within the area of the Ward Sabha;
(j) identify the deficiencies in the water supply and street lighting arrangements in the area of Ward Sabha and suggest remedial measures;
(k) impart awareness on matters of public interest such as cleanliness, preservation of the environment and prevention of pollution;
(l) assist the employees of the Gram Panchayat in sanitation arrangements in the area of Ward Sabha and render voluntary service in the removal of garbage;
(m) promote programme of adult education within the area of Ward Sabha;
(n) assist the activities of public health centers in the area of the Ward Sabha especially in disease prevention and family welfare and to prevent incidence of epidemics and natural calamities;
(o) promote harmony and unity among various groups of people in the 1 Inserted by Haryana Act 11 of 2020.
area of the Ward Sabha and to arrange cultural festivals and sports meets to give expression to the talents of the people of the locality;
and
(p) exercise such other powers and discharge such other functions, as may be prescribed.
(4) The procedure for convening and conducting the meetings of the Ward Sabha shall be such, as may be prescribed.
(5) Every meeting of a Ward Sabha shall be presided over by the member of the Gram Panchayat elected from the area of the concerned Ward Sabha and in his absence, by any other member of the Gram Panchayat to be nominated by the Sarpanch.
(6) All resolutions in respect of any issue in the meeting of the Ward Sabha shall be passed by a majority of the members present and voting.]