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Section 37: Publication of general orders under section 13 of the Act

The H.P. Panchayati Raj (General) Rules, 1997-(English version)State Rules of Himachal Pradesh · 1994

(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 the 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 shows 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.

20 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.

Where this provision sits

ActThe H.P. Panchayati Raj (General) Rules, 1997-(English version)
Section37
Marginal notePublication of general orders under section 13 of the Act
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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