Chapter 3 Chapter 3

पंचायतों की स्थापिा

Constitution of Panchayats - For the purposes of this Act:

1. (a) Gram Panchayat for a Gram;
2. (b) Janpad Panchayat for a Block; and
3. (c) Zila Panchayat for a District; shall be constituted.

Duration of Panchayat.-

1. (1) Every Gram Panchayat shall continue for five years from the date appointed for its first meeting and no longer, unless sooner dissolved under this Act.
2. (2) An election to constitute a Panchayat shall be completed,-
   • (a) before the expiry of its duration specified in sub-section (1);
   • (b) before the expiration of a period of six months from the date of its dissolution : Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this section for constituting the Panchayat for such period.
3. (3) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued under sub-section
4. (1) had it not been so dissolved.

Establishment of Gram Panchayat, Janpad Panchayat and Zila Panchayat.-

1. (1) For every Gram which has been specified as a Gram for the purposes of this Act under Section 3, there shall be a Gram Panchayat.
2. (2) The Governor may, by notification, divide a district into blocks. Every such block shall be specified by its name, its headquarters and the area comprised therein in the notification. For every block there shall be a Janpad Panchayat which shall be known by the name of that block.
3. (3) For every district there shall be a Zila Panchayat : Provided that every Municipal Corporation, Municipal Council or Nagar Panchayat constituted under the relevant law for the time being in force shall be a separate administrative unit for the area within its jurisdiction.

Incorporation of Panchayats. - Every Gram Panchayat, Janpad Panchayat and Zila Panchayat shall be a body corporate by the name specified in the order under Section 3 for the Gram or in the notification under Section 10 for the Janpad Panchayat and Zila Panchayat as the case may be, shall have perpetual succession and a common seal and shall by such name sue or be sued and subject to the provisions of this Act and the rules made thereunder, have power to acquire, hold or transfer property, movable or immovable, to enter into contracts and to do all other things necessary for the purposes of this Act.

Division of Gram Panchayats into wards. - Every Gram Panchayat area shall be divided into not less than ten wards as the Collector may determine and every ward shall be a single member ward: Provided that where the population of Gram Panchayat area is more than one thousand, it shall be divided into wards in such a manner that the total number of wards shall not be more than twenty and the population of every ward shall be as far as possible the same: Provided further that the ratio between the population of the Gram Panchayat area and the number of wards in such Panchayat shall be, so far as practicable, the same throughout the development block within which the Panchayat area falls.

Constitution of Gram Panchayat –

1. (1) Every Gram Panchayat shall consist of elected panchas and Sarpanch.
2. (2) If any village or ward, as the case may be, does not elect any Sarpanch or Panch then proceedings for new election to fill that place shall be started within six months in such village or ward, as the case may be: Provided that due to pending election of Sarpanch under this sub-section the elected Panch shall, subject to the provisions of sub-section (2),
3. (3) and
4. (4) of section 17, elect one Sarpanch from amongst themselves in the first meeting under section 20, who shall discharge all the duties of Sarpanch under this Act until the elected Sarpanch under this sub-section takes charge: Provided further that further proceedings for the constitution of Gram Panchayat shall not be stopped due to pending election of Panch under this sub-section: Provided further that if any village or ward does not re-elect any Sarpanch or any Panch, as the case may be, then proceedings for new election of Panch in such village or such ward, as the case may be, shall not be started until the State Election Commission is satisfied that there is a possibility of electing Sarpanch or Panch from such village or from such ward, as the case may be, and if the Commission decides that new election of Sarpanch may not be held, then the elected Sarpanch under the first proviso shall continue to discharge all the duties of Sarpanch under this Act. (4)
   • (one) In every Gram Panchayat –
   • (a) scheduled castes, and
   • (b) scheduled tribes, seats shall be reserved and the number of such reserved seats shall bear as nearly as may be the same proportion to the total number of seats to be filled by direct election in that Gram Panchayat as the population of the scheduled castes or of the scheduled tribes in that Gram Panchayat area bears to the total population of that Gram Panchayat area, and such seats may be allotted by the prescribed authority to different wards in that Gram Panchayat in the prescribed manner.
   • (two) In a Gram Panchayat where less than fifty percent or twenty-five percent seats are reserved for both scheduled castes and scheduled tribes respectively, then 25% of the total number of seats shall be reserved for other backward classes and such seats shall be allotted by the Collector in rotation to different wards of that Gram Panchayat in the prescribed manner.
5. (5) Not less than one-half of the total number of seats reserved under sub-section
6. (4) shall be reserved for women of scheduled castes, scheduled tribes or other backward classes, as the case may be.
7. (6) Not less than one-half of the total number of seats to be filled by direct election in every Gram Panchayat, including the number of seats reserved for women of scheduled castes, scheduled tribes and other backward classes, shall be reserved for women and such seats may be allotted by the prescribed authority by drawing lots and in rotation to different wards in the Gram Panchayat in the prescribed manner.
8. (7) Such wards which do not have any population of scheduled castes, scheduled tribes or other backward classes, shall be excluded from the allotment of seats reserved for scheduled castes or scheduled tribes or other backward classes, as the case may be.

Qualifications for voting and being a candidate –

1. (1) Every such person, whose name is included in the voters list of any village, shall be qualified for voting in the election of office bearer of that Panchayat within whose area that village is included.
2. (2) Every such person, unless he is disqualified under this Act or any other law for the time being in force, shall be qualified for being (elected) as an office bearer of a Panchayat. If any election symbol is not filled in any nomination paper, then the nomination paper shall not be rejected on this ground.

Prohibition of simultaneous membership Prohibition of simultaneous membership.

1. (1) No person shall be eligible to stand for election as a member of more than one ward or constituency as the case may be for any local authority.

Election of Sarpanch and Up-Sarpanch.

1. (1) There shall be a Sarpanch and an Up-Sarpanch for every Gram Panchayat. A person who—
   • (i) is eligible to be elected as a Panch;
   • (ii) is not a member of either House of Parliament or a member of the State Legislative Assembly; and
   • (iii) is not a President or Vice-President of any Co-operative Society, shall, subject to the provisions of sub-sections (2),
2. (3) and (4), be elected as Sarpanch by persons whose names are included in the voters list of the Gram Panchayat area in such manner as may be prescribed. (2)
   • (i) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Gram Panchayat for the office of Sarpanch and the number of such seats shall bear, as nearly as may be, the same proportion to the total number of offices of Sarpanch in the block as the population of the Scheduled Castes and the Scheduled Tribes in the block bears to the total population of the block: Provided that for the purpose of calculating the number of seats to be reserved for Scheduled Tribes in a block other than a block falling within the Scheduled Areas, the total population of the Scheduled Areas within the block and the population of Scheduled Tribes therein shall be excluded.
   • (ii) In a block where the combined population of Scheduled Castes and Scheduled Tribes is fifty percent or less, twenty-five percent of the total seats of the office of Sarpanch in the block shall be reserved for Other Backward Classes and such seats shall be allotted by the Collector in the block to different Gram Panchayats in rotation in the prescribed manner.
3. (3) Not less than one-half of the total number of offices of Sarpanch in the block shall be reserved for women.
4. (4) The offices of Sarpanch reserved under this section shall be allotted by the prescribed authority to different Gram Panchayats in the block in rotation in the prescribed manner: Provided that the Gram Panchayat which has no population of Scheduled Castes or Scheduled Tribes or Other Backward Classes, as the case may be, shall be excluded from the allotment of offices of Sarpanch reserved for such castes or tribes or classes.
5. (5) The State Election Commission shall, immediately after each general election of Panchayats, ensure the election of Up-Sarpanch of Gram Panchayats in such manner as may be prescribed.
6. (6) If the Sarpanch of a Gram Panchayat is not a member of the Scheduled Castes, Scheduled Tribes or Other Backward Classes, the Up-Sarpanch shall be elected from amongst the Panchas of such castes or tribes or classes.
7. (7) If a Sarpanch or Up-Sarpanch becomes a member of either House of Parliament or a member of the State Legislative Assembly or President or Vice-President of a Co-operative Society, he shall be deemed to have vacated his office as Sarpanch or Up-Sarpanch, as the case may be, from the date on which he becomes such member or President or Vice-President and the office shall be deemed to be casual vacancy for the purpose of section 38.
8. (8) Notwithstanding anything contained in this section, a Sarpanch shall be deemed to be a Panch of the Gram Panchayat for all purposes of this Act.

बहहग िमी सरपांच य ग्र म ननम िण सममनत क अध्यि द्ि र क यिभ र क सौंप ि न --

1. (1) नये ननि िधचत सरपांच य ग्र म ननम िण सममनत क अध्यि के ब रे म यह समझ ि येग कक उसने ध र 20 म यथ उपबांधधत प्रथम सजम्मलन की त रीख से पद क क यिभ र ग्रहण कर मलय है ।
2. (2) यहद बहहग िमी सरपांच य ग्र म ननम िण सममनत क अध्यि अपने कल िे म के कोई क गि पत्र य सांपजत्त नये ननि िधचत सरांपच य ग्र म ननम िण सममनत के अध्यि को नहीां सौंपत है य सौंपने से इक र करत है, तो विहहत प्र धधक री मलखखत आदेश द्ि र बहहग िमी सरपांच य ग्र म ननम िण सममनत क अध्यि] को ननद े

श दे सके ग कक िह एक ऐसे समस्त क गि पत्र और सम्पजत्त, िो ऐसे सरपांच य ग्र म ननम िण सममनत के अध्यि की हैमसयत से उसके कल िे म है, यथ जस्थनत, नये सरपांच य ग्र म ननम िण सममनत के अध्यि, उप-सरपांच य ग्र म पांच यत के सधचि को तत्क ल सौंप दे।

1. (3) यहद बहहग िमी सरपांच य ग्र म ननम िण सममनत क अध्यि उपध र
2. (2) के अधीन ननदेश क अन ु

प लन नहीां करत है तो विहहत प्र धधक री उसके विरुद्ध ध र 92 के अन

ु

स र क यिि ही करेग और ध र 98 के अधीन अमभयोिन आरम्भ करने के मलये आिश्यक क यिि ही करेग ।

1. (4) ऐस सरपांच य ग्र म ननम िण सममनत क अध्यि, जिसके विरुद्ध उपध र
2. (3) के अधीन क रिि ई की गई है, और जिसको दोषी प य गय है, दोषी प ये ि ने की त रीख से छ: िषि की क ल िधध के मलये पांच यत क सदस्य य पदध री होने के मलये ननरहहित होग :

Provided that र य य सरक र द्ि र लेखबद्ध ककये ि ने ि ले क रणों से ऐसी ननरहित हट ई ि सके गी य उसकी क ल िधध म कमी की ि सके गी।

ननि िचन की अधधस ू

चन - सरपांच, उप-सरपांच और पांचों के प्रत्येक ननि िचन को विहहत प्र धधक री द्ि र ऐसी रीनत म , िैस कक विहहत ककय ि ए, प्रक मशत ककय ि एग ।

First meeting and term of office. -

1. (1) The first meeting of Gram Panchayat shall be held within 30 days from the date of publication under Section 19. Such meeting shall be called by the prescribed authority and the provisions of Section 44 shall mutatis mutandis apply to such meeting.
2. (2) The office bearers of Gram Panchayat shall hold office for a period of five years from the date of the first meeting and no longer: Provided that, notwithstanding anything contained in this sub-section, every person becoming an office bearer of Gram Panchayat -
   • (i) shall forthwith cease to be on the office bearer upon his ceasing to be a voter of the Gram Panchayat area; or
   • (ii) upon his becoming a member of the State Legislative Assembly or of either House of Parliament.
3. (3) If the Gram Panchayat is not reconstituted before the expiry of the period specified in sub-section (2), it shall stand dissolved on the expiry of the said period and the provisions of Section 87 shall apply to such Panchayat for a period not exceeding six months within which the Gram Panchayat shall be reconstituted in accordance with the provisions of this Act.

No confidence motion against Sarpanch and Up-Sarpanch. -

1. (1) No confidence motion against the Sarpanch or Up-Sarpanch shall be passed by a resolution passed by the Gram Panchayat by a majority of not less than three-fourths of the Panchas present and voting, which is more than two-thirds of the total number of Panchas constituting the Gram Panchayat for the time being, and the Sarpanch or Up-Sarpanch against whom such motion is passed shall cease to hold office forthwith.
2. (2) Notwithstanding anything contained in this Act or the rules made thereunder, no Sarpanch or Up-Sarpanch shall preside over the meeting in which the motion of no confidence against him is under discussion, and such meeting shall be organized in such manner as may be prescribed, and shall be presided over by such officer of the Government as the prescribed authority may appoint. The Sarpanch or Up-Sarpanch, as the case may be, shall have the right to speak or otherwise take part in the proceedings of such meeting.
3. (3) No motion of no confidence shall be brought against any Sarpanch or Up-Sarpanch -
   • (i) within two and a half years from the date on which such Sarpanch or Up-Sarpanch enters upon his office;
   • (ii) within the period of six months preceding the date on which the term of office of such Sarpanch or Up-Sarpanch, as the case may be, expires;
   • (iii) within the period of six months from the date on which the previous motion of no confidence was not passed.
4. (4) If the Sarpanch or Up-Sarpanch, as the case may be, desires to challenge the validity of the motion passed under sub-section (1), he shall refer the dispute to the Collector within seven days from the date on which such motion is passed, who shall determine it within thirty days from the date on which he received it as far as possible, and his decision shall be final.

Composition of Janpad Panchayat —

1. (1) Every Janpad Panchayat shall consist of —
   • (one) Members elected from constituencies;
   • (two) (***) (three) All members of the State Legislative Assembly who are elected from the constituencies which either wholly or partly fall within the Block : Provided that a member of the State Legislative Assembly whose constituency falls wholly within the urban area shall not be a member of the Janpad Panchayat : Provided further that any such member of the State Legislative Assembly who is a member of the Janpad Panchayat if he is unable to attend the meeting due to absence, illness or any other reason, may nominate his such representative, who possesses such qualifications as may be prescribed in this behalf;
   • (four) One-fifth of the Sarpanchas of the Gram Panchayats within the territorial area of the Janpad Panchayat by rotation for a period of one year, as determined by draw of lots by the prescribed authority : Provided that no Sarpanch who is a member under this clause for one term shall be eligible to be a member for another term : Provided further that no Sarpanch who is a member under this clause shall be a member of the committees under Section 47.
2. (2) to
3. (6) (***)
4. (7) If a constituency does not elect a member, proceedings for a new election for that constituency to fill the seat shall be started within six months: Provided that the further proceedings for the election of President and Vice-President of the Janpad Panchayat shall not be stopped due to the election of a member being pending under this sub-section: Provided further that if a constituency does not elect a member again, new proceedings for election of a member for that constituency shall not be started until the State Election Commission is satisfied that it is possible to elect a member from the constituency.

Division of block into constituencies —

1. (1) Subject to the provisions of sub-section (2), the State Government shall, by notification, divide a block into such number of constituencies as to make the population of each constituency as far as possible five thousand and each constituency shall be a single member constituency: Provided that where the population of a block is less than fifty thousand, the block shall be divided into at least ten constituencies and the population of each constituency shall be as far as possible the same: Provided further that the total number of constituencies in a block shall not exceed twenty-five.
2. (2) The ratio between the population of the territorial area of a Janpad Panchayat and the number of constituencies in such Janpad Panchayat shall, as far as possible, be the same throughout the State. (3)
   • (one) In every Janpad Panchayat —
   • (a) Scheduled Castes, and
   • (b) Scheduled Tribes, shall have seats reserved and the number of such reserved seats shall bear, as far as possible, the same proportion to the total number of seats to be filled by direct election in that Janpad Panchayat as the population of the Scheduled Castes or the Scheduled Tribes in that Janpad Panchayat area bears to the total population of that area and such seats may be allotted by the prescribed authority to different constituencies in that Janpad Panchayat in such manner as may be prescribed: Provided that for the purpose of calculating the number of seats to be reserved for Scheduled Tribes in any such Janpad Panchayat as falls in a block other than the Scheduled Areas forming part of that block, the total population of the Scheduled Areas falling within that Janpad Panchayat and the population of Scheduled Tribes therein shall be excluded.
   • (two) In a Janpad Panchayat where the combined population of Scheduled Castes and Scheduled Tribes is less than fifty per cent, twenty-five per cent of the total number of seats shall be reserved for Other Backward Classes and such seats shall be allotted to different constituencies by the Collector in such manner as may be prescribed by rotation.
3. (4) Out of the seats reserved under sub-section (3), at least
   • (half) of the seats shall be reserved for the women of Scheduled Castes, Scheduled Tribes or Other Backward Classes, as the case may be.
4. (5) In every Janpad Panchayat, at least
   • (half) of the total number of seats to be filled by direct election (including the number of seats reserved for women of Scheduled Castes, Scheduled Tribes and Other Backward Classes) shall be reserved for women and such seats may be allotted by the prescribed authority for different constituencies in the Janpad Panchayat by draw of lots and rotation in such manner as may be prescribed. (***)
5. (6) Constituencies in which there is no population of Scheduled Castes, Scheduled Tribes or Other Backward Classes, shall be excluded from the allotment of seats reserved for Scheduled Castes, Scheduled Tribes or Other Backward Classes, as the case may be.

Election of President and Vice-President of Janpad Panchayat.—(1) The State Election Commission shall, after every election of Janpad Panchayat, immediately effect the election of President and Vice-President of Janpad Panchayat in such manner as may be prescribed. (2)

1. (i) The office of the President of Janpad Panchayat shall be reserved for—

1. (a) the Scheduled Castes; and
2. (b) the Scheduled Tribes; and the number of offices of President reserved for the Scheduled Castes and the Scheduled Tribes in a district shall bear, as nearly as may be, the same proportion to the total number of such offices in the district as the population of the Scheduled Castes or the Scheduled Tribes in the district bears to the total population of the district: Provided that in a district other than the district consisting of the Scheduled Areas, for the purpose of calculation of the number of offices of President of Janpad Panchayat reserved for the Scheduled Tribes, the total population of the Scheduled Areas falling within the district and the population of the Scheduled Tribes therein shall be excluded: Provided further that not less than one-half of the total number of offices of President of Janpad Panchayat shall be reserved for women, subject to a minimum of one: Provided also that the offices reserved under this section shall be reserved in the Janpad Panchayats within the district by rotation in such manner as may be prescribed: Provided also that the Janpad Panchayats, where there is no population of Scheduled Castes or Scheduled Tribes, as the case may be, shall be excluded for the purpose of reservation of offices of President of such castes or such tribes.
   • (ii) In a district where the combined population of the Scheduled Castes and the Scheduled Tribes is less than fifty percent, twenty-five percent of the total offices of President of Janpad Panchayats within the district shall be reserved for the Other Backward Classes and such offices shall be allotted to the different Janpad Panchayats in the district by rotation by the Collector in such manner as may be prescribed.

1. (3) Subject to the provisions of sub-sections
2. (2) and (4), the President and Vice-President of Janpad Panchayat shall be elected by the elected members thereof and from amongst them.
3. (4) If the President of a Janpad Panchayat is not from the Scheduled Castes or Scheduled Tribes or Other Backward Classes, the Vice-President shall be elected from such castes or such tribes or such classes.
4. (5) If a President or Vice-President of a Janpad Panchayat becomes a member of either House of Parliament or a member of State Legislative Assembly or President or Vice-President of a Cooperative Society, he shall be deemed to have vacated his office as President or Vice-President, as the case may be, from the date on which he has become such member or President or Vice-President, and for the purposes of Section 38, it shall be deemed that a casual vacancy has occurred in such office.

Publication of names of members, President and Vice-President.—The names of members, President and Vice-President of Janpad Panchayat shall be published by the prescribed authority in such manner as may be prescribed.

First meeting and term of office —

1. (1) The first meeting of the Janapad Panchayat shall be held within 30 days from the date of publication under Section 26. Such meeting shall be called by the prescribed authority and the provisions of Section 44 shall, as far as may be, apply to such meeting.
2. (2) Save as otherwise provided in this Act, the office bearers of the Janapad Panchayat shall hold office for five years from the date of the first meeting and no longer: Provided that a person who is an office bearer of the Janapad Panchayat shall cease to hold office forthwith on his ceasing to be a voter of the area of the Gram Panchayat within the Block.
3. (3) If the Janapad Panchayat is not reconstituted before the expiry of the period specified in sub-section (2), it shall stand dissolved on the expiry of the said period and the provisions of Section 87 shall apply in respect of it for such period, not exceeding six months, within which the Janapad Panchayat shall be reconstituted in accordance with the provisions of this Act.

No confidence motion against President or Vice-President —

1. (1) If a motion of no confidence is passed by the Janapad Panchayat by a resolution passed by a majority of not less than three-fourths of the elected members present and voting, such majority being more than two-thirds of the total number of elected members constituting the Janapad Panchayat for the time being, the President or Vice-President against whom such motion is passed, shall cease to hold office forthwith.
2. (2) Notwithstanding anything contained in this Act or the rules made thereunder, no President or Vice-President shall preside over the meeting in which the motion of no confidence against him is being discussed. Such meeting shall be arranged in such manner as may be prescribed and shall be presided over by such officer of the Government as the prescribed authority may appoint. The President or Vice-President, as the case may be, shall have a right to speak or otherwise take part in the proceedings of such meeting.
3. (3) No no confidence motion shall be brought against the President or Vice-President —
   • (one) within a period of two and a half years from the date on which he enters upon his office;
   • (two) within the period of six months immediately preceding the date on which the term of office of the President or Vice-President, as the case may be, expires; (three) within a period of six months from the date on which the previous no confidence motion was rejected.
4. (4) If the President or Vice-President, as the case may be, desires to challenge the validity of the motion passed under sub-section (1), he may raise a dispute to the Commissioner within ten days from the date on which such motion is passed, who shall, as far as possible, decide it within thirty days from the date on which he receives it, and his decision shall be final.

Constitution of Zila Panchayat -

1. (1) Every Zila Panchayat shall consist of :––
   • (one) members elected from the constituencies;
   • (two) (***) (three) all members of the House of the People representing the Parliamentary constituencies which either wholly or partly comprise any area in the district;
   • (four) all members of the Council of States elected from the State of Madhya Pradesh whose name is registered in the voters list of any Gram Panchayat area in the district;
   • (five) all members of the Legislative Assembly of the State elected from that district : Provided that such members of the House of the People and such members of the Legislative Assembly, whose constituencies wholly lie in the urban area, shall not be members of the Zila Panchayat. Provided further that any such member of Legislative Assembly or any such Member of Parliament who is a member of Zila Panchayat, if he is unable to attend the meeting due to absence, illness or any other reason, may nominate his such representative to attend the meeting of Zila Panchayat who possesses such qualifications as may be prescribed in this behalf.
   • (six) all Chairpersons of Janpad Panchayats in the district : Provided that any Chairperson of Janpad Panchayat who is a member under this clause shall not be a member of the Committees under section 47.
2. (2) (***)
3. (3) (***)
4. (4) If any constituency does not elect a member then the proceedings for new election in such constituency for filling the seat shall be started within six months : Provided that the further proceedings of election of Chairperson and Vice Chairperson of Zila Panchayat shall not be stopped due to the pending election of a member in accordance with this sub-section: Provided further that if any constituency does not elect a member again then the new proceedings of election of member in such constituency shall not be started until the State Election Commission is satisfied that the election of a member from such constituency is likely to be held.

Division of district into constituencies -

1. (1) Subject to the provisions of sub-section (2), the State Government shall, by notification, divide a district into such number of constituencies so that the population of each constituency is, as far as practicable, fifty thousand and each constituency shall be a single member constituency : Provided that where the population of a district is less than five lakhs, it shall be divided into at least ten constituencies and the population of each constituency shall be, as far as practicable, the same : Provided further that the total number of constituencies in a district shall not exceed thirty-five.
2. (2) The ratio between the population of the territorial area of a Zila Panchayat and the number of constituencies in such Zila Panchayat area shall, as far as practicable, be the same throughout the State. (3)
   • (one) In every Zila Panchayat, - -
   • (a) seats shall be reserved for the Scheduled Castes and
   • (b) the Scheduled Tribes, and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in such Zila Panchayat as the population of the Scheduled Castes or the Scheduled Tribes in that area bears to the total population of that area and such seats maybe allotted by the prescribed authority to different constituencies in such Zila Panchayat (***) : Provided that for the purpose of calculation of number of seats to be reserved for Scheduled Tribes in such Zila Panchayats which are other than those which form part of the Scheduled Areas of the district, the total population of the Scheduled Areas falling within the district and the population of the Scheduled Tribes therein shall be excluded.
   • (two) In a Zila Panchayat where the population of Scheduled Castes and Scheduled Tribes, both, is less than fifty percent, twenty-five percent of the total number of seats shall be reserved for other backward classes and such seats shall be allotted by the Collector in rotation to different constituencies in such manner as may be prescribed.
3. (4) Not less than one half of the total number of seats so reserved under this sub-section shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or as the case may be, other backward classes.
4. (5) Not less than one half of the total number of seats to be filled by direct election in every Zila Panchayat (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and other backward classes) shall be reserved for women and such seats may be allotted by the prescribed authority to different constituencies in Zila Panchayat by drawing lots and in rotation in such manner as may be prescribed. (***)
5. (6) Constituencies in which there is no population of Scheduled Castes, Scheduled Tribes or other backward classes shall be excluded from the allotment of seats reserved for Scheduled Castes, Scheduled Tribes or other backward classes, as the case may be.

Election of President and Vice-President -

1. (1) The State Election Commission shall, as soon as may be, after the every election of Zila Panchayat, hold the election of the President and Vice-President in such manner as may be prescribed. (2)
   • (i) The office of the President shall be reserved for the Scheduled Castes and Scheduled Tribes and the number of offices reserved of President for Scheduled Castes and Scheduled Tribes in the State shall bear as nearly as may be the same proportion to the total number of such offices in the State as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State: Provided that in the State where the combined population of Scheduled Castes and Scheduled Tribes is less than fifty percent, twenty-five percent of the total number of offices of President of Zila Panchayats in the State shall be reserved for other backward classes: Provided further that not less than half of the total number of offices of President of Zila Panchayat shall be reserved for women in the State: Provided further that the offices reserved under this section shall be rotated by the prescribed authority among the Zila Panchayats in the State in the prescribed manner: Provided further that those Zila Panchayats, where the reservation of seats for Scheduled Castes or Scheduled Tribes is not there, shall be excluded for rotation for the purpose of reservation of offices of President of those castes.
   • (ii) In the State where the combined population of Scheduled Castes and Scheduled Tribes is less than fifty percent, twenty-five percent of the total offices of President of Zila Panchayats in the State shall be reserved for other backward classes.
2. (3) Subject to the provisions of sub-sections
3. (2) and (4), the President and Vice-President of Zila Panchayat shall be elected by the elected members thereof and from amongst such members.
4. (4) If the President of a Zila Panchayat is not a person belonging to the Scheduled Castes or Scheduled Tribes or other backward classes, the Vice-President shall be elected from amongst members of such castes or such classes.
5. (5) If the President or Vice-President of Zila Panchayat becomes a member of either House of Parliament or a member of the State Legislative Assembly or President or Vice-President of a Cooperative Society, it shall be deemed that he has vacated his office as President or Vice-President, as the case may be, from the date he became such member or President or Vice-President of Cooperative Society and for the purposes of Section 38 it shall be deemed that a casual vacancy has occurred in such office.

Publication of names of members, President and Vice-President - The names of the members, President and Vice-President of the Zila Panchayat shall be published by the prescribed authority in such manner as may be prescribed.

प्रथम सम्भमलि और पदावधि --

1. (1) जिल पांच यत क प्रथम सजम्मलन ध र 33 के अधीन प्रक शन

की त रीख से तीस हदन के भीतर ककय ि एग । ऐस सजम्मलन विहहत प्र धधक री द्ि र ब

ु ल य ि एग

और सजम्मलन के सम्बन्ध म ध र 44 के उपबांध यथ शतय उतत सजम्मलन को ल ग

ू होंगे।

1. (2) िब तक इस अधधननयम म अन्यथ उपबांधधत न हो, जिल पांच यत के पदध री प्रथम सजम्मलन की

त रीख से प ांच िषि के मलये पद ध रण करेगे, इससे अधधक नहीां :

परन्त ु

इस उपध र म अन्तवििष्पट ककसी ब त के होते ह

ु

(ख) (***) न रहने पर तत्क ल अपने पद पर नहीां रह ि एग ।

1. (3) यहद उपध र
2. (2) म विहहत क ल िधध क अिस न होने के प ू

ु स र प ु नगिहठत की ि एगी, ल ग ू होंगे।

No confidence motion against President and Vice-President --

1. (1) A motion of no-confidence may be moved by the Zila Panchayat against the President or Vice-President by a resolution passed by a majority of the elected members constituting the Zila Panchayat for the time being, of more than two-thirds of the total number of the elected members of the Zila Panchayat present and voting and if such a motion of no-confidence is passed, the President or Vice-President against whom such a motion is passed, shall cease to be the President or Vice-President with immediate effect.
2. (2) Notwithstanding anything contained in this Act or the rules made thereunder, no President or Vice-President shall preside over a meeting in which a motion of no-confidence is being discussed against him, such a meeting shall be convened in such manner as may be prescribed and shall be presided over by such officer as the prescribed authority may appoint. The President or Vice-President as the case may be, shall have the right to speak or otherwise take part in the proceedings of such a meeting.
3. (3) No motion of no-confidence shall be brought against the President or Vice-President within —
   • (i) a period of two and half years from the date on which the President or Vice-President enters upon his office;
   • (ii) a period of six months preceding the date on which the term of office of the President or Vice-President expires as the case may be;
   • (iii) a period of six months from the date on which previous motion of no-confidence was not passed.
4. (4) If the President or Vice-President as the case may be, desires to challenge the validity of a motion passed under sub-section (1), he shall refer the dispute to the State Government within ten days from the date on which such motion is passed, which shall decide the same within forty-five days from the date on which it is received, as far as possible, and its decision shall be final.

Disqualifications for being an office bearer of Panchayat —

1. (1) No person shall be eligible to be an office bearer of Panchayat, —
   • (a) who is, either before or after the commencement of this Act, —
     • (i) convicted of any offence under the Protection of Civil Rights Act, 1955 (No. 22 of 1955) or under any law relating to the use, consumption or sale of Narcotic Drugs, in force in any part of the State, unless a period of five years or such lesser period as the State Government may allow in any specific case, has elapsed since the date of his conviction; or
     • (ii) convicted of any other offence and sentenced to imprisonment for not less than six months, unless a period of five years or such lesser period as the State Government may allow in any specific case, has elapsed since his release; or
   • (b) who is of unsound mind and stands so declared by a competent court; or
   • (c) who is an undischarged insolvent or is an applicant to be adjudicated as an insolvent; or (g-b) who has not paid the entire dues which are recoverable by a Panchayat and has not filed a declaration along with his nomination paper to the effect that he does not have to pay any dues to the Panchayat in any head; or (g-c) who has encroached on any land of the Panchayat or Government; or
   • (d) who holds any office of profit under the Panchayat, or is in the service of any other local authority or any co-operative society or of the State Government or Central Government or is in the service of any public sector undertaking under the control of Central Government or State Government: Provided that a person shall not be deemed to be disqualified under this clause by reason of his being appointed as a Patel under the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959); or
   • (e) who has been removed from the service of the State Government or Central Government or any Panchayat or other local authority or any co-operative society or any public sector undertaking under the control of Central Government or State Government on the grounds of corruption or inefficiency; or
   • (f) who has, directly or indirectly, any share or interest in any contract with, by or on behalf of the Panchayat, while he continues to have such share or interest: Provided that no person shall be deemed to be disqualified under clause
   • (f) by reason of only that —
     • (i) he has any share or interest in any joint stock company or in any association registered under the Madhya Pradesh Societies Registration Act, 1973 (No. 44 of 1973) or in any co-operative society which deals with the Panchayat; or
     • (ii) he has any share or interest in any newspaper in which any advertisement relating to the affairs of the Panchayat is inserted; or
     • (iii) he holds any debenture issued by or on behalf of the Panchayat or is otherwise connected with any loan taken by or on behalf of the Panchayat; or
   • (g) who is employed as a paid legal practitioner on behalf of the Panchayat; or
   • (h) who is suffering from any such leprosy which is infectious; or
     • (i) who has voluntarily acquired the citizenship of a foreign state or has given any acknowledgement of allegiance or adherence to any foreign state; or
   • (j) who, in the first election held under this Act, has been disqualified under the Act repealed under Section 130 and the period of such disqualification has not elapsed or such disqualification has not been removed; or
   • (k) who is disqualified for the purpose of election of the State Legislative Assembly under any law for the time being in force: Provided that no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years;
   • (l) who is so disqualified by or under any law made by the State Legislature;
2. (2) If a person, upon being elected as an office bearer of any Panchayat, —
   • (a) becomes subject to any of the disqualifications mentioned in sub-section
3. (1) and such disqualification is not removable or being removable has not been removed, or is a person who becomes an office bearer while considering such disqualification which was not questioned and decided under an election petition under Section 122;
   • (b) accepts employment as a legal practitioner against the Panchayat;
   • (c) without the permission of the Panchayat, remains absent from three consecutive meetings of the Panchayat or its committee or does not attend half of the meetings held within a period of six months; then he shall not continue to be such office bearer and his office shall become vacant: Provided that where an office bearer has applied to the Panchayat for permission to remain absent under clause (c), and the Panchayat does not inform the applicant of its decision within a period of one month from the date of receipt of application, it shall be deemed that the permission for absence has been granted by the Panchayat.
4. (3) The prescribed authority for the Gram Panchayat and Janpad Panchayat shall be the Collector and for the Zila Panchayat shall be the Commissioner, who shall decide whether any vacancy has occurred under sub-section (2), either on an application made to him by a person or suo motu. Until such authority decides that the vacancy has occurred, such person shall continue to be an office bearer: Provided that no order under this sub-section shall be passed against any office bearer without giving him a reasonable opportunity of being heard.
5. (4) Any person aggrieved by the decision of the Collector or Commissioner, as the case may be, under sub-section
6. (3) may appeal to the Commissioner or the Board of Revenue, respectively, within a period of thirty days from the date of such decision, and the order made in such appeal shall be final.

Resignation by office bearers of Panchayat —

1. (1) Any Panch of a Gram Panchayat or any member of a Janpad Panchayat or any member of a Zila Panchayat may resign his office by giving a written notice to that effect to the Sarpanch or Chairman, as the case may be.
2. (2) The Sarpanch or Up-Sarpanch of a Gram Panchayat or the Chairman or Vice-Chairman of a Janpad Panchayat or Zila Panchayat may resign his office by giving a written notice to the prescribed authority.
3. (3) The manner of giving such notice and the procedure for tendering resignation and its coming into effect shall be such as may be prescribed:

Filling of vacancies Filling of vacancies — (1)

1. (a) In the event of a vacancy occurring on account of death, resignation, passing of a no-confidence motion against, or removal of an office bearer of a Panchayat before the expiry of his term of office, or his becoming a member of either House of Parliament or of the State Legislative Assembly, it shall be deemed to be a casual vacancy and such vacancy shall be filled, as soon as may be, in accordance with the provisions of this Act and the rules made thereunder by election.
2. (b) In the event of a casual vacancy occurring in the office of Sarpanch of a Gram Panchayat, the Secretary of the Gram Panchayat shall immediately call a special meeting of the Panchayat, which shall not be later than fifteen days from the date of receipt of information from the prescribed authority regarding such vacancy, and the members shall elect one from amongst themselves, who shall temporarily hold the office until the new Sarpanch is elected in accordance with the provisions of this Act and the rules made thereunder, and such substitute Sarpanch shall perform all the functions and exercise all the powers of Sarpanch during the pendency of the election: Provided that if the office of Sarpanch is reserved for a member of Scheduled Castes, Scheduled Tribes or Other Backward Classes or for a woman, the substitute Sarpanch shall be elected from amongst the members belonging to such category: Provided further that if the office of Sarpanch is reserved for a woman of Scheduled Castes, Scheduled Tribes or Other Backward Classes and there is no other woman member of such category who can be elected as substitute Sarpanch, then any other woman member from other reserved categories may be elected as substitute Sarpanch during the period of casual vacancy.
3. (c) If the outgoing office bearer does not immediately handover any record, register, money or property of the Panchayat to his successor, the prescribed authority may, by order in writing, direct him to handover all such record, register, money and property which is in his possession by virtue of his being Sarpanch [or Chairman of Gram Nirman Samiti] and on failure to comply with such direction, the prescribed authority may take action against him in accordance with Section 92 and may take necessary steps to initiate prosecution under Section 98.

Suspension of office bearer of Panchayat —

1. (1) The prescribed authority may suspend any office bearer of a Panchayat —
   • (a) against whom charges have been framed in any criminal proceedings under Chapter 5-A, 6, 9, 9-A, 10, 12 and Section 302, 303, 304-B, 305, 306, 312 to 318, 366-A, 366-B, 373 to 377 of Chapter 16 and Section 395 to 398, 408, 409, 458 to 460 of Chapter 17 and Chapter 18 of the Indian Penal Code, 1860 (No. 45 of 1860), or under any law for the time being in force regarding prevention of adulteration of food and drugs, protection of civil rights, suppression of immoral traffic of women and children, and prevention of corruption; or
   • (b) where a preliminary inquiry is pending against him for misconduct under Section 40: Provided that the order of suspension shall be reported to the State Government within ten days and shall be subject to such orders as the State Government may deem fit. If the suspension order is not confirmed by the State Government within ninety days from the date of receipt of such report, it shall be deemed to have been vacated.
2. (2) In the event of suspension of Sarpanch of a Gram Panchayat or Chairman of Janpad Panchayat or Zila Panchayat under sub-section (1), the Secretary or the Chief Executive Officer of the concerned Panchayat shall immediately call a special meeting of the Panchayat, which shall not be later than fifteen days from the date of receipt of information from the prescribed authority, and the members shall elect one from amongst themselves, who shall temporarily hold the office of Sarpanch or Chairman, as the case may be, and such substitute Sarpanch or Chairman shall perform all the functions and exercise all the powers of Sarpanch or Chairman, as the case may be, during the period such suspension continues: Provided that if the office of Sarpanch or Chairman is reserved for a member of Scheduled Castes, Scheduled Tribes or Other Backward Classes or for a woman of such category, the substitute Sarpanch or Chairman shall be elected from amongst the members of the same category: Provided further that if the office of Sarpanch or Chairman is reserved for a woman of Scheduled Castes, Scheduled Tribes or Other Backward Classes and there is no other woman member of such category in the Panchayat who can be elected as substitute Sarpanch or Chairman, as the case may be, then any other woman member from other reserved categories may be elected as substitute Sarpanch or Chairman, as the case may be.
3. (3) Any person who has been suspended under sub-section
4. (1) shall also be deemed to be suspended from the office of member or office bearer of any other Panchayat of which he is a member or office bearer.

Removal of office bearers of Panchayat Removal of office bearers of Panchayat —

1. (1) The State Government or the prescribed authority may, after such enquiry as it may deem fit to make, at any time, remove an office bearer:
   • (a) if he has been guilty of any misconduct in the discharge of his duties; or
   • (b) if his continuance in office is undesirable in the public interest: Provided that no person shall be removed unless he has been given an opportunity to show cause why he should not be removed from his office. Explanation — For the purposes of this sub-section "misconduct" shall include:
   • (a) any action which—
     • (i) is detrimental to the sovereignty, unity and integrity of India; or
     • (ii) on the creation of such feeling of harmony and common brotherhood amongst all the people of the State as transcends religious, linguistic, regional, caste or sectional diversities;
     • (iii) is detrimental to the dignity of women; or
   • (b) gross negligence in the discharge of duties under this Act;
   • (c) the use of his position or influence by an office bearer of Panchayat to secure employment for any of his relations in the Panchayat or to act in any way to benefit any relation by way of giving any kind of contract, getting any work done through them in the Panchayat. Provided further that final order in the enquiry shall be passed within 90 days from the date of issue of show cause notice to the concerned office bearer and where the pending case is not decided within 90 days, the prescribed authority shall inform the next higher officer in writing of all facts and request for extension of time for disposal of the enquiry but such extension of time shall not exceed 30 days. Explanation — For the purpose of this clause "relation" means father, mother, brother, sister, husband, wife, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law.
2. (2) A person who has been removed under sub-section
3. (1) shall forthwith cease to be a member of any other Panchayat of which he is a member.

Restriction on holding more than one office Restriction on holding more than one office —

1. (1) Any person who is elected to more than one office of Panchayat may, within 10 days from the date of his being so elected or if he is elected on different dates from the later of such dates, intimate in writing signed by him to the prescribed authority as to which of the Panchayat he wishes to serve and thereupon his position in other such Panchayats as he does not wish to serve shall become vacant.
2. (2) In default of such intimation within the prescribed period it shall be deemed that he has opted for only one of the offices in the following order of preference—
   • (a) Member of Zila Panchayat,
   • (b) Member of Janapada Panchayat,
   • (c) Sarpanch of Gram Panchayat,
   • (d) Panch of Gram Panchayat: Provided that if such a person has attended any meeting of a Panchayat, it shall be deemed that he has opted for the office in such Panchayat.
3. (3) Any intimation under sub-section
4. (1) shall be final and irrevocable.
5. (4) For the purposes of this section a person shall be deemed to be elected on the date of declaration of the result.