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Section 38: Certain persons not to be tried by the Gram Panchayat

The Himachal Pradesh Panchayati Raj Act, 1994State Act of Himachal Pradesh · Act 4 of 1994

No Gram Panchayat shall take cognizance of any offence where the accused--

(a) has been previously convicted of an offence punishable with imprisonment of either description for a term of three years or more; or

(b) has been previously fined under section 379 of the Indian Penal Code (45 of 1860) by any Gram Panchayat or has been previously convicted and sentenced under the said section by a Court; or

(c) has been bound over to be of good behaviour under section 109 or 110 of the Code of Criminal Procedure, 1973( 2 of 1974); or

(d) has been previously convicted of gambling; or

(e) is Government servant and act complained of is the one done in his official capacity.

Where this provision sits

ActThe Himachal Pradesh Panchayati Raj Act, 1994
Section38
Marginal noteCertain persons not to be tried by the Gram Panchayat
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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