Haryana Panchayati Raj Act, 1994
No: 11 Dated: Apr, 22 1994
Haryana Panchayati Raj Act, 1994
(Haryana Act 11 of 1994)
An Act to provide for the constitution of Gram Panchayats, Panchayat Samitis and Zila Parishads for better administration of the rural areas and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Forty-fifth Year of the Republic of India as follows :-
1. Short title, extent and commencement. - (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 the State Government may, by notification, in the Official Gazette, appoint.
2. Definitions. - 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;
(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 masonry, 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, elephants, 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;
(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;
(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 affect a change in the drainage or 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 originally 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
(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 (1) of Article 243-I of the Constitution of India;
(xxvi) "general election" means the election held under this Act for the constitution or re-constitution 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;