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Section 98: Resolution

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

(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 dis-allow any resolution which, in his opinion, is in contravention of the provisions of the Act or the rules made thereunder. 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 atleast six clear days notice of his intention 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 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(7) If the member, when called on, is absent, the resolution standing in his name shall be considered to have been withdrawn.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 Committees and reports of Consultative Committees 36 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 expressions 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.

Where this provision sits

ActThe H.P. Panchayati Raj (General) Rules, 1997-(English version)
Section98
Marginal noteResolution
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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