The Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993

प्रारंभिक

Short title, extent and commencement --

1. (1) This Act may be called the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No. 1 of 1994).
2. (2) It extends to the whole of Madhya Pradesh: Provided that it shall extend to the Scheduled Areas subject to such exceptions and modifications as have been provided in Chapter 14-A.
3. (3) It shall come into force at once.

Definitions -- In this Act, unless the context otherwise requires,-

1. (i) "Block" means such area of a district as the State Government may, under sub-section

1. (2) of Section 10, declare to be a block; (i-a) "Committee of Gram Sabha" means standing committee, ad-hoc committee or any other committee of the members of Gram Sabha;
   • (ii) "Co-operative Society" shall have the same meaning as assigned to it in the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961); (ii-a) "Development Commissioner" shall have the same meaning as assigned to it in clause
   • (g) of Section 2 of the Special Economic Zones Act, 2005 (No. 28 of 2005);
     • (iii) "District" means a district notified by the State Government under this Act for the purposes of this Act, and includes one or more revenue districts so notified;
     • (iv) "Election" means an election to fill a seat or seats in a Panchayat and includes the election of Sarpanch of Gram Panchayat;
     • (v) "Election proceedings" means proceedings starting with the issue of notice for election and ending with the declaration of the result of such election;
     • (vi) "Factory" shall have the same meaning as assigned to it in the Factories Act, 1948 (No. 63 of 1948);
     • (vii) "Gram Panchayat" means a Gram Panchayat established under sub-section
2. (1) of Section 10;
   • (viii) "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Gram Panchayat;
   • (ix) "Janpad Panchayat" means a Janpad Panchayat established under sub-section
3. (2) of Section 10;
   • (x) "Local Authority" shall have the same meaning as assigned to it in the Madhya Pradesh General Clauses Act, 1957 (No. 3 of 1958);
   • (xi) "Member" means a Panch of a Gram Panchayat, a member of a Janpad Panchayat or a member of a Zila Panchayat, as the case may be;
   • (xii) "Noxious matter" includes animal karkass (dead body), dung, refuse, night-soil or any filth of any kind;
   • (xiii) "Office bearer" means a Panch, Sarpanch or Up-Sarpanch of a Gram Panchayat, a member, President or Vice-President of a Janpad Panchayat or a member, President or Vice-President of a Zila Panchayat, as the case may be;
   • (xiv) "Other Backward Classes" means the category of persons belonging to backward classes as notified by the State Government;
   • (xv) "Owner", when used with reference to any land or building, includes the person who is for the time being receiving or entitled to receive the rent of such land or building, whether on his own account or as agent or trustee for any person or society or as a receiver;
   • (xvi) "Panch" means a Panch of a Gram Panchayat;
   • (xvii) "Panchayat" means a Gram Panchayat, a Janpad Panchayat or a Zila Panchayat, as the case may be; (xviii) "Panchayat Area" means the territorial area of a Panchayat established under this Act;
   • (xix) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published;
   • (xx) "President" and "Vice-President" means respectively the President and Vice-President of a Gram Nirman Samiti or Gram Vikas Samiti or Janpad Panchayat or Zila Panchayat, as the case may be;
   • (xxi) "Prescribed authority" in any provision of this Act means such officer or authority as the State Government may, by notification, direct to perform the functions of a prescribed authority under that provision;
   • (xxii) "Public market" or "public fair" means any market or fair as notified under the proviso to Section 58, as the case may be; (xxiii) "Public place" means a place, building or structure which is not private property and is open for the use of the public whether such place, building or structure is vested in the Panchayat or not;
   • (xxiv) "Public road" means any road, street, path, square, court, alley or passage which the public has a right to use, whether permanently or temporarily;
   • (xxv) "Sarpanch" and "Up-Sarpanch" means the Sarpanch and Up-Sarpanch respectively, of a Gram Panchayat, as the case may be; (xxv-a) "Scheduled Areas" means the Scheduled areas as referred to in clause
4. (1) of Article 244 of the Constitution of India; (xxv-b) "Special Economic Zone" shall have the same meaning as assigned to it in clause (z-a) of Section 2 of the Special Economic Zones Act, 2005 (No. 28 of 2005);
   • (xxvi) "Standing Committee" means a standing committee of a Gram Panchayat, Janpad Panchayat or Zila Panchayat, as the case may be, constituted under the provisions of this Act; (xxvii) "State Election Commission" means the State Election Commission constituted by the Governor under sub-section
5. (1) of Article 243-K of the Constitution; (xxviii) "Tax" includes any tax, cess, rate or fee leviable under this Act;
   • (xxix) "Village" means an area specified by the Governor by public notification to be a village for the purposes of this Act, and includes a group of villages so specified; Explanation - The word "village" includes revenue village and forest village.
   • (xxx) "Zila Panchayat" means a Zila Panchayat established under sub-section
6. (3) of section 10.

ग्राम सिा

ग्र म के सम् बन् ध म अधधस

ू

चन –– र य यप ल लोक अधधस

ू

चन द्ि र ककसी ग्र म य ग्र मों के सम

ू ह को

इस अधधननयम के प्रयोिन के मलए ग्र म के रूप म विननहदिष्प ट करेग ।

ग्र म की मतद त स

ू

ची – ध र 3 अधीन विननहदिष्प ट प्रत् येक ग्र म के मलए एक मतद त स

ू ची होगी िो इस

अधधननयम और उसके अधीन बन ए गय ननयमों के उपबांध के अन

ु स र तैय र की ि एगी।

Registration of voters of Gram -

1. (1) Every person who is entitled to be registered in the electoral roll for the Legislative Assembly relating to that Gram or whose name is included therein and who is ordinarily resident in that Gram, shall be entitled to be registered in the electoral roll of that Gram: Provided that: -
   • (a) No person shall be entitled to be registered in the electoral roll of more than one Gram;
   • (b) No person shall be entitled to be registered in the electoral roll, if he is registered in the electoral roll relating to any other local authority. Explanation -
2. (1) The expression "ordinarily resident" shall have the same meaning as has been given in Section 20 of the Representation of the People Act, 1950 (No. 43 of 1950), but subject to the modification that the reference therein to "constituency" shall be construed as a reference to "Gram".
3. (2) A person shall be disqualified for registration in the electoral roll of a Gram, if he is disqualified for registration in the electoral roll of the Legislative Assembly.

Meeting of Gram Sabha -

1. (1) The meeting of the Gram Sabha shall be held at least in January, April, July and October and in addition to this the Gram Sabha, if required, may call for additional meetings and the Collector of the District shall nominate a Government officer or employee for the proper arrangements of such meetings who will ensure that the agenda of the meeting is circulated and information regarding the date, time and place is served in time and will also ensure the proper conduct of the proceedings of the meeting.
2. (2) For every meeting of the Gram Sabha, the quorum shall be of members not less than one-tenth of the total number of members of the Gram Sabha or at least five hundred members of the Gram Sabha, whichever is less.
3. (3) The meeting of the Gram Sabha shall be presided over by the Sarpanch or in the absence of the Sarpanch by the Upsarpanch. In the event where both the Sarpanch and Upsarpanch are absent, the meeting of the Gram Sabha shall be presided over by such member of the Gram Sabha who is chosen for that purpose by the members present in the meeting.
4. (4) If any dispute arises in this regard whether any person is entitled to be present in the meeting of the Gram Sabha, then the decision of such dispute shall be taken by the presiding person keeping in view the entries in the electoral roll of the Gram Sabha area and his decision shall be final.
5. (5) Any dispute arising between Gram Sabhas or any matter related to more than one Gram Sabha included in the Gram Panchayat area and all matters included in sub-section
6. (2) of Section 7 shall be brought before the joint meeting of all Gram Sabhas of that Gram Panchayat.
7. (6) The decision taken in the joint meeting under sub-section
8. (5) shall be deemed to be the decision taken by each Gram Sabha.

Powers and functions of Gram Sabha and its annual meeting -

1. (1) Subject to such rules as may be made by the State Government in this behalf and such general or special orders as may be issued by the State Government from time to time, the Gram Sabha shall have the following powers and functions, that is to say :-
   • (a) to identify the economic development and set the principles for the identification and priority of such schemes;
   • (b) to approve the plans, programmes and projects for social and economic development including all annual plans before the same are taken up for implementation by the Gram Panchayat;
   • (c) to consider the annual budget of the Gram Panchayat and make recommendations on it;
   • (d) to consider the audit report and annual accounts of the Gram Panchayat;
   • (e) to ascertain and certify the proper utilisation of funds by the Gram Panchayat for the plans, programmes and projects referred to in clause (b);
   • (f) to identify and select persons as beneficiaries under the poverty alleviation and other programmes;
   • (g) to ensure proper utilisation of funds and assets to the beneficiaries;
   • (h) to mobilise people for community welfare programmes;
     • (i) to ensure active participation of individuals for implementation, maintenance and equitable distribution of the benefits of development schemes in the village;
   • (j) to enhance awareness among the people in general; (j-one) to exercise control over institutions and functionaries in social sectors, which are transferred to the Gram Panchayat or are appointed by the Gram Panchayat through that Panchayat; (j-two) to manage the natural resources including land, water and forest within the area of the village in accordance with the provisions of the Constitution and other relevant laws in force; (j-three) to advise the Gram Panchayat in the regulation and use of minor water bodies; (j-four) to control the local plans and sources and expenditure of such plans; and prevention and regulation of cleanliness, sanitation and abatement of public nuisance;
   • (k) to construct, maintain and repair of public wells, tanks and ponds and supply of water for domestic use;
   • (l) to construct and maintain sources of water for bathing and washing and for drinking by domestic animals;
   • (m) to construct and maintain rural roads, bridges, culverts, dams and other works of public utility and buildings;
   • (n) to construct, maintain and clean public roads, drains, tanks, wells and other public places;
   • (o) to fill in unused wells, insanitary drains, ditches and pits and conversion of step wells into clean wells;
   • (p) to arrange for lighting of village roads and other public places;
   • (q) to remove obstructions and projections in public streets or public places and in such sites as are not private property or are open to public use, whether the sites are vested in the Panchayat or belong to the State Government;
   • (r) to regulate and control entertainment, shows, shops, eating houses and vendors of drinks, sweets, fruits, milk and similar other items; to regulate the construction of houses, stalls, sheds, drains and public latrines;
   • (t) to manage public land and management, expansion and development of the village site; (u)
   • (one) to regulate the place for the disposal of dead bodies, carcasses and other offensive matters;
   • (two) to dispose of unclaimed dead bodies and carcasses;
     • (v) to separate the places for collection of refuse;
   • (w) to regulate the sale and preservation of meat;
     • (x) to maintain the property of the Gram Sabha;
   • (y) to establish and manage cattle pounds and to maintain records relating to animals;
   • (z) to maintain such ancient and historical monuments other than those declared by or under law made by Parliament to be of national importance and to keep the grazing lands and other lands vested in or under the control of the Gram Sabha;
   • (aa) to keep records of birth, death and marriages;
   • (bb) to assist in census work and in other surveys conducted by the State Government or Central Government or any other legally constituted local authority;
   • (cc) to assist in the prevention of contagious diseases;
   • (dd) to assist in vaccination and inoculation and to help in implementing such other preventive steps for the protection of humans and animals as may be prescribed by the concerned Government departments;
   • (ee) to help the disabled and the destitute;
   • (ff) to promote youth welfare, family welfare and sports; (gg)
   • (a) for the protection of life and property;
   • (b) for the prevention of fire, to establish fire protection committee for fire fighting and for the protection of property in case of such fire;
   • (hh) to plant trees and protect village trees;
     • (ii) to remove social evils like dowry; (jj)
   • (one) for the purpose of providing medical assistance to poor persons in cases of serious and emergency nature; or
   • (two) for the purpose of performing the last rites of a poor person or a member of his family; or (three) for any other such purpose for the benefit of a poor person as may be notified by the State Government from time to time, subject to such restrictions and conditions as may be prescribed to sanction loans; (kk)
   • (one) to implement the instructions or orders given or issued by the State Government, Collector or any other authority authorized by the State Government in this behalf, in connection with the steps to improve the conditions of Scheduled Castes, Scheduled Tribes and other weaker sections and in particular in connection with the removal of untouchability; Provided that where such tasks have been assigned to the Gram Sabha, it shall act as an agent of the State Government, Zila Panchayat or Janpad Panchayat as the case may be, and for that purpose necessary funds and other assistance shall be provided by the State Government, Zila Panchayat or Janpad Panchayat as the case may be;
   • (ll) to plan and manage basic amenities;
   • (mm) to select beneficiaries under various programmes;
   • (nn) to implement, execute and monitor development schemes and construction works within the Gram Sabha area;
   • (oo) to control, monitor and supervise beneficiary oriented schemes and programmes;
   • (pp) to promote general awareness among the people in general;
   • (qq) to arrange for voluntary labor and contribution for community works and to promote the concept of keeping community ownership;
   • (rr) to plan, keep ownership and manage minor water bodies situated within its territorial jurisdiction;
   • (ss) to lease out a specified area and minor water body for fishing and other commercial purposes;
   • (tt) to regulate the use of rivers, water courses, minor water bodies for irrigation purposes;
   • (uu) to keep control over institutions and functionaries in all social sectors transferred to or appointed by the Gram Sabha;
2. (2) The annual meeting of the Gram Sabha shall be held at least three months before the start of the next financial year and the Gram Panchayat shall place the following before such meeting: -
   • (a) Annual statement of accounts;
   • (b) Report on the administration of the preceding financial year;
   • (c) Development and other work programmes proposed for the next financial year;
   • (d) The last audit note and replies thereto, if any;
   • (e) Annual budget of the Gram Panchayat and annual plan for the next financial year; (2-a) The Gram Panchayat shall place before the Gram Sabha such matters which the Janpad Panchayat, Zila Panchayat, Collector or any authority authorized for this purpose may require to be placed before such meeting;
3. (3) The Gram Panchayat shall implement the recommendations, if any, made by the Gram Sabha in relation to matters of its concern under this section.

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.

निवााचि का संचालि

Powers of State Election Commission — The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in the State Election Commission constituted by the State Government.

Power to make rules — The State Government shall, in consultation with the State Election Commission, make rules for the preparation of electoral rolls and for the conduct of all elections to the Panchayats.

पंचायतों के कामकाज का संचालि तथा पंचायत के सम्भमलि की प्रक्रिया

Procedure of meeting –

1. (1) Subject to the provisions of this Act and the rules made thereunder, the procedure of the meeting and conduct of business of the Panchayat shall be such as may be prescribed.
2. (2) The President and all members of a Panchayat, whether elected or not, shall have the right to vote in the meeting of the Panchayats.
3. (3) The quorum for a meeting of the Janpad Panchayat and Zila Panchayat shall be one-third of the members constituting the concerned Panchayat for the time being, and for a meeting of the Gram Panchayat, it shall be one-half of the members constituting the concerned Panchayat for the time being. If there is no quorum in the meeting, the presiding authority shall adjourn the meeting to such date and time as may be fixed by him. The notice of the meeting so fixed shall be pasted in the office of the Panchayat. No quorum shall be necessary for the meeting so adjourned, and no new subject shall be brought before the meeting for consideration.
4. (4) The President or the Sarpanch, as the case may be, shall convene the meeting of the Zila Panchayat, Janpad Panchayat or Gram Panchayat at least once in every month. If the President or Sarpanch fails to convene the meeting in any month, then the Chief Executive Officer of the Janpad Panchayat or Zila Panchayat, or the Secretary of the Gram Panchayat, as the case may be, shall issue notice for the meeting of the concerned Panchayat after the expiry of 25 (twenty-five) days from the date of the previous meeting.
5. (5) The report of the income and expenditure of the period between the previous meeting and the current meeting of the Gram Panchayat, along with the report of the cumulative income and expenditure from the current financial year up to the current meeting, and along with other subjects, shall be placed before the Gram Panchayat by the Secretary of the Gram Panchayat and the report shall be discussed by the Gram Panchayat. In the case of Janpad Panchayat and Zila Panchayat, such report shall be placed by the Chief Executive Officer in its meeting once in three months. The report shall be prepared in such form as may be prescribed.
6. (6) If more than fifty percent of the members of the Panchayat request in writing for a special meeting of the Panchayat, the President or Sarpanch, as the case may be, shall convene such meeting within seven days from the receipt of such request. If the President or Sarpanch, as the case may be, fails to convene the meeting on such request, the members who have requested for the special meeting may themselves convene the meeting, and thereupon the Chief Executive Officer of the Zila Panchayat or Janpad Panchayat, or the Secretary of the Gram Panchayat, as the case may be, shall issue the notice of the meeting.
7. (7) If the President or Sarpanch, as the case may be, fails to act in accordance with sub-section
8. (4) or
9. (6) on at least three occasions, he shall be liable to be removed from his post under Section 40, and the provisions of Section 40 shall apply to the person who has been so removed.

Review of subjects finally disposed of by Panchayat – No subject once finally disposed of by the Panchayat shall be reviewed by it within six months unless the written consent of at least three-fourths of its members, who are entitled to vote, is obtained in its connection or unless the prescribed authority has given instructions to review it.

Standing committees of Gram Panchayat. —

1. (1) Gram Panchayat may constitute not more than three standing committees and such committees shall exercise such powers as may be assigned to them by the Gram Panchayat. These committees shall be under the general control of the Gram Panchayat.
2. (2) No person shall be a member of more than two committees at a time.
3. (3) The term of office of the members of the standing committee and the procedure for conduct of business of the standing committee shall be such as may be prescribed.

Standing committees of Janpad Panchayat and Zila Panchayat. —

1. (1) Each Janpad Panchayat and each Zila Panchayat shall constitute the following standing committees from amongst its elected members, namely: —
   • (a) General Administration Committee — for items relating to establishment and services of Janpad Panchayat or Zila Panchayat, administration, integrated rural development plan, budget, accounts, taxation and other financial matters and items which do not come under the purview of other committees;
   • (b) Agriculture Committee — for agriculture, animal husbandry, power, irrigation including soil conservation and contour bunding and other matters relating to fisheries, compost manure, distribution of seeds and other matters relating to agriculture and animal husbandry development;
   • (c) Education Committee — for education including adult education, social welfare of the disabled and destitute, woman and child welfare, removal of untouchability, relief of distress arising from floods, droughts, earthquakes, hailstorms, scarcity, locusts, epidemics and other such emergency situations and for temperance and prohibition, health and sanitation, welfare of tribal and harijan welfare;
   • (d) Communication and Works Committee — for communication, minor irrigation, rural housing, rural water supply, drainage and other public works;
   • (e) Cooperation and Industries Committee — for co-operation, thrift and small savings, cottage and rural industries, markets and statistics;
   • (f) Health, Women and Child Welfare Committee — for public health and sanitation, women and child welfare, public health engineering, rural water supply and drainage;
   • (g) Forest Committee — for social forestry, integrated wasteland development programme, national parks, development of minor forest produce and other forestry programmes.
2. (2) In addition to the five standing committees specified in sub-section (1), Janpad Panchayat or Zila Panchayat may, with the approval of the prescribed authority, constitute one or more such committees for such other items which are not specified in the said sub-section. (2-a) The item assigned to any committee under sub-section
3. (1) or sub-section
4. (2) may be re-assigned by the Janpad Panchayat or Zila Panchayat to any other such committee with the approval of the prescribed authority or may assign any item which is not otherwise specified to any such committee.
5. (3) The Chairmen of all the standing committees constituted under sub-section
6. (1) and subsection
7. (2) shall be the members of the General Administration Committee.
8. (4) Each committee except the General Administration Committee shall consist of at least five members who shall be elected by the members of the Janpad Panchayat or Zila Panchayat, as the case may be, from amongst themselves in such manner as may be prescribed: Provided that any committee may co-opt not more than two such persons who have experience or special knowledge of the items assigned to such committee; the persons so co-opted shall not have the right to vote in the proceedings of the committee: Provided further that the Education Committee shall have at least one woman and one person belonging to the Scheduled Castes or the Scheduled Tribes among its members. (4-a)
   • (a) Every member of the Legislative Assembly who is a member of the Janpad Panchayat shall be the ex-officio member of every committee of that Panchayat;
   • (b) Every member of Parliament who is a member of the Zila Panchayat shall be the ex-officio member of any two committees of his choice in that Panchayat; and
   • (c) Every committee of Zila Panchayat shall co-opt not more than two such members of Legislative Assembly who are members of that Panchayat, subject to the condition that no member of the Legislative Assembly shall be a member of more than two committees.
9. (5) Every committee except the General Administration Committee and Education Committee shall elect its Chairman from amongst its elected members within such time and in such manner as may be prescribed: Provided that —
   • (one) the Chairman of the Janpad Panchayat or Zila Panchayat, as the case may be, shall be the ex-officio Chairman of the General Administration Committee;
   • (two) the Vice-Chairman of the Janpad Panchayat or Zila Panchayat, as the case may be, shall be the ex-officio Chairman of the Education Committee; and (three) the Chairman and Vice-Chairman of the Zila Panchayat and Janpad Panchayat, as the case may be, shall not be a member of any other committee of which he is not the Chairman as a result of the proviso
   • (one) and proviso
   • (two) above.
10. (6) Every committee shall exercise such powers and perform such duties of the Janpad Panchayat or Zila Panchayat, as the case may be, as may be prescribed in relation to the items assigned to it.
11. (7) No person shall be a member of more than three such committees at the same time, other than the General Administration Committee.

Powers and duties of Sarpanch, Up-Sarpanch, President and Vice-President. — The Sarpanch and Up-Sarpanch and the President and Vice-President shall exercise such powers and perform such duties as may be prescribed.

पंचायतों के कृत्य

Functions of Gram Panchayat. — It shall be the duty of the Gram Panchayat to make provision for the following matters within the limits of the Gram Panchayat fund, namely: —

1. (1) to
2. (17) [Omitted]
3. (18) the establishment, management and regulation of markets and public fairs other than public markets and public fairs;
4. (19) to
5. (29) [Omitted] Provided that where any such functions are delegated to the Gram Panchayat, it shall act as an agent of the State Government, Zila Panchayat or Janpad Panchayat, as the case may be, and the necessary funds and other assistance for the performance of such functions shall be provided by the State Government, Zila Panchayat or Janpad Panchayat, as the case may be.

Functions of Janpad Panchayat —

1. (1) Subject to the provisions of this Act and the rules made thereunder and such general or special orders as may be issued by the State Government from time to time, it shall be the duty of the Janpad Panchayat to make reasonable provision for the following matters within the Block, in so far as the Janpad Panchayat fund allows :—
   • (a) Integrated Rural Development, Agriculture, Social Forestry, Animal Husbandry and Fisheries, Health and Sanitation, Adult Education, Communication and Public Works, Co-operation, Cottage Industries, Women & Youth Welfare, Welfare of the disabled and destitute and Welfare of the backward classes, Family Planning and Sports and Rural Employment Programmes;
   • (b) Providing emergency relief in cases of fire, flood, drought, earthquake, epidemic, locusts and other natural calamities;
   • (c) Arrangement in connection with local pilgrimages and festivals;
   • (d) Management of public ferries;
   • (e) Management of public markets, public fairs and exhibitions; and
   • (f) Any other function, with the approval of State Government or Zila Panchayat. (1-a) Subject to the provisions of this Act and the rules made thereunder and such policies, directions, instructions, general or special orders as may be issued by the State Government from time to time, it shall be the duty of the Janpad Panchayat —
   • (one) To prepare annual plans for economic development and social justice of the Panchayat area and to submit them to the Zila Panchayat within the prescribed time for inclusion in the Zila Panchayat plan;
   • (two) to [omit]; (three) to prepare the plans for works and development schemes to be taken up from the Janpad Panchayat fund;
   • (four) to take up regional plans and infrastructural development within the Janpad Panchayat;
   • (five) to approve the works of development schemes from the Panchayat fund, to supervise, monitor and manage them and to spend from the Panchayat fund for this purpose;
   • (six) to ensure the execution of such schemes, works, programmes and projects which are entrusted to the Panchayats by Central or State Government or Zila Panchayat as per law; (seven) to implement, execute, supervise, monitor and manage such works, schemes, programmes and projects as are transferred to the Panchayats by the State Government, through Gram Panchayat or through implementing agencies; (eight) to recommend to Zila Panchayats for consideration of such works of schemes which can be started in the block by the Zila Panchayat and to indicate the extent to which local resources can be available for such works or schemes;
   • (nine) to establish coordination between Gram Panchayats within the block and guide them;
   • (ten) to ensure execution of such plans, projects, schemes or other works which are common to two or more Gram Panchayats in the block; (eleven) in respect of transferred schemes, works and projects, re-allocate the funds made available by the Central or State Government or Zila Panchayat to the Gram Panchayat as per the norms prescribed by the Central or State Government or Zila Panchayat, as the case may be; (twelve) to take all necessary steps to mobilize resources by exercising the powers entrusted by law or by Central or State Government; (thirteen) to exercise such other powers and perform such other functions as may be entrusted to it by the State Government.
2. (2) The Janpad Panchayat shall control and supervise the administration of the Community Development Block or Tribal Development Block, as the case may be, within its jurisdiction and the execution of the functions and schemes entrusted by the State Government to such blocks shall be done by the Janpad Panchayat under the superintendence, direction and control of the Janpad Panchayat in accordance with such instructions as may be issued by the State Government from time to time.

Delegation of certain functions of State Government to Janpad Panchayat or Zila Panchayat —

1. (1) The State Government may entrust to the Janpad Panchayat or Zila Panchayat any function in respect of any matter to which the executive power of the State Government extends or in respect of functions which have been entrusted to the State Government by the Central Government and the Janpad Panchayat or Zila Panchayat shall be bound to perform such functions and shall have the necessary powers for performing such functions.
2. (2) Where functions are entrusted to the Janpad Panchayat or Zila Panchayat under sub-section (1), the Janpad Panchayat or Zila Panchayat shall act as an agent of the State Government in performing those functions.
3. (3) The Janpad Panchayat or Zila Panchayat shall be paid such amount by the State Government as may be considered necessary for the performance of the functions entrusted to the Janpad Panchayat or Zila Panchayat under this section.
4. (4) The Janpad Panchayat or Zila Panchayat, for the purpose of performing those functions entrusted to it under this section, shall remain under the general control of the State Government or any other authority appointed by it and shall comply with such instructions as may be issued to it from time to time.

Functions of Zila Panchayat —

1. (1) The Zila Panchayat shall perform the functions specified in Schedule-IV: Provided that where any functions have been assigned to the Zila Panchayat, it shall act as an agent of the State Government and funds and other assistance necessary for the performance of such functions shall be provided by the State Government.
2. (2) The Zila Panchayat may also perform such other functions as may be entrusted to it by the State Government from time to time.

Power of State Government in relation to functions of Panchayats — (1)

1. (a) Subject to such conditions as may be specified by the State Government by general or special order, the Panchayats shall have such powers and authority at the appropriate level as may be necessary to enable them to function as institutions of self-government in relation to the matters listed in Schedule-IV, including the preparation of plans for economic development and social justice and the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule to the Constitution of India and implementation of schemes entrusted to them by the State Government under Section 49, 49-A, 50, 52 and Chapter 14-A.
2. (b) The State Government may, by notification, confer such powers and responsibilities upon Panchayats at the appropriate level for the selection, recruitment, and management of staff structure (staffing pattern) approved by the State Government and other conditions as it may deem fit for the effective implementation of schemes.

1. (2) The State Government may, by general or special order, add to the functions of the Panchayats or withdraw the functions and duties assigned to such Panchayats. Where the State Government takes over the performance of any functions assigned to a Panchayat, the Panchayat shall not be responsible for such functions until the State Government re-assigns such functions to the Panchayat.

Powers of Gram Panchayat in respect of public health, facilities and safety — Subject to such rules as may be made by the State Government in this behalf, the Gram Panchayat shall have the power—

1. (one) to regulate the trade of offensive or dangerous articles;
2. (two) to remove structures and trees; (three) to maintain, sanitation, conservancy, drainage, sources of water supply;
3. (four) to regulate the use of water;
4. (five) to regulate cattle pounds;
5. (six) to regulate the establishment of workshops, factories and other industrial units; (seven) to ensure environmental control; (eight) to perform such other functions as are necessary under the provisions of this Act or rules made thereunder.

Control on erection of buildings —

1. (1) Subject to the provisions of this section, no person shall, without the written permission of the Gram Panchayat and in accordance with the bye-laws made under this Act in this behalf, erect a building or make any alteration or addition to an existing building or reconstruct a building. If the permission is not refused by the Gram Panchayat within forty-five days from the date of receipt of the application, it shall be deemed to have been granted.
2. (2) If any person, without the permission of the Gram Panchayat, and contrary to any conditions, subject to which the permission was granted, erects a building, makes any alteration or addition or reconstructs it, the Gram Panchayat may, by written notice, direct such person to stop such erection, alteration, addition or reconstruction and may, within the time specified in the notice, direct him to alter or demolish such erection, alteration, addition or reconstruction as it may deem necessary in the public interest.
3. (3) If any person fails to comply with the directions contained in the notice served by the Gram Panchayat under sub-section
4. (2) within the period specified in the notice, the Gram Panchayat may itself get the action, which the person was required to take, carried out at the expense of such person and such expenses shall be paid by such person within thirty days from the date on which the demand notice was served by the Gram Panchayat. On failure to pay the expenses within the specified period, the same shall be recovered as arrears of land revenue. (3-a) Notwithstanding anything contained in sub-section (3), whoever contravenes any of the provisions of this section or rules or bye-laws made thereunder or the conditions of the permission granted by the Gram Panchayat or fails to comply with any lawful directions or requisitions made under any of the foregoing provisions, may be prosecuted by the Gram Panchayat or by an officer authorized by the State Government in this behalf and on conviction shall be punished with simple imprisonment which may extend to six months or with fine which may extend to two thousand rupees or with both, and in case of a continuing offence, with a further fine which may extend to two hundred fifty rupees for every day, after the date of first conviction, during which the offence continues.
5. (4) An appeal against any order or notice of the Gram Panchayat under sub-section
6. (2) may be made to the prescribed authority and the decision of the prescribed authority on such appeal shall be final.

("Obstruction, impediment or encroachment on public streets and open spaces") Section 56. Obstruction, impediment or encroachment on public streets and open spaces —

1. (1) Whoever, within the Gram Panchayat area, on any public street or open spaces or on any drain situated on such street —
   • (a) builds or sets up any wall, fence, bungalow, pillar, stall, veranda, platform, chair, stairs or any other structure; or
   • (b) without the written permission of the Gram Panchayat or contrary to the conditions mentioned in such permission, builds or sets up any veranda, chhajja, room or any other structure in such a way that it projects or hangs over any public street or on any drain situated on such street; or
   • (c) illegally removes earth, sand or any other material from any site; or
   • (d) by unauthorisedly cultivating any grazing land or any other land, creates any obstruction, impediment or encroachment; shall on conviction be punishable with fine which may extend to one thousand rupees and in the case of a continuing offence with further fine which may extend to twenty rupees for every day during which such encroachment, obstruction continues or the projecting part remains after the date of first conviction.
2. (2) Notwithstanding anything contained in sub-section (1), the Gram Panchayat shall have the power to remove any such obstruction or encroachment and to remove any crop unauthorisedly grown on grazing land or any other land which is not private property. It shall have similar power to remove any such unauthorised obstruction or encroachment or projecting part on any open site which is not private property whether such site vests in the Gram Panchayat or not, and the expenses incurred in such removal shall be paid by the person who has made the said encroachment and on failure to pay the expenses, such expenses shall be recoverable from such person as arrears of land revenue: Provided that, notwithstanding anything contained in sub-section
3. (1) and this sub-section, if the Gram Panchayat resolves to remove any obstruction, impediment or encroachment from any land vesting in the State Government, it may notify the Tehsildar to remove such obstruction, impediment or encroachment from such land and the Tehsildar shall take action under the provisions of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959).
4. (3) The Gram Panchayat, notwithstanding anything contained in this section, may on the occasions of festivals and functions, for a period not exceeding ten days, grant permission in such manner as not to cause inconvenience to the public or any individual, for the temporary occupation or any construction or projecting part on any public place in accordance with the bye-laws made under this Act.
5. (4) The Gram Panchayat shall not pass any order in exercise of powers conferred under this section unless a reasonable opportunity of being heard has been given to the person concerned.

("Power to name streets and number of buildings") Section 57. Power to name streets and number of buildings — The Gram Panchayat may give a name to any street and may also put a number on any building and may also change such names of streets and numbers of buildings from time to time.

Regulation of markets or fairs -

1. (1) Notwithstanding anything contained in the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (No. 24 of 1973), no person other than the Gram Panchayat shall hold a place for the purpose of a market or fair within the Gram Panchayat area or establish or use the same: Provided that the State Government, by notification, may declare a market or fair to be a public market or public fair and such market or fair so declared shall vest in the Janpad Panchayat.
2. (2) The State Government may make rules for the regulation of markets or fairs specified in sub-section (1).

Power of Janpad Panchayat to divert, stop or close streets - A Janpad Panchayat may, with the approval of the prescribed authority, divert, stop, or close a street which is under its control and administration or is vested in it.

Encroachment on roads and lands vested in Janpad Panchayat. —

1. (1) Whoever makes any encroachment on any road, path, land, building or structure vested in Janpad Panchayat or causes any obstruction, shall, on conviction, be punished with fine which may extend to one thousand rupees.
2. (2) The Chief Executive Officer shall have the power to remove such obstruction or encroachment and the expenses incurred for such removal shall be paid by the person who has caused such obstruction or encroachment and if not paid shall be recovered as arrears of land revenue: Provided that the Chief Executive Officer before taking action for removal of such obstruction or encroachment may, by written notice, require the person who has caused such obstruction or encroachment to remove it within the time specified in the notice or to show cause why it should not be removed.
3. (3) Nothing in this section shall debar a Janpad Panchayat from granting permission for temporary occupation of such places on the occasion of festivals and occasions for such period as it may deem proper in such manner as not to cause inconvenience to the public or any person.

Power to compromise. — A Panchayat may, with the previous approval of the prescribed authority, compromise in respect of any suit instituted by or against it, or in respect of any claim or demand arising out of any contract entered into under this Act, on such terms as it may deem proper.

पंचायत की निधि और उसकी सभपम्त्त

State Government may vest certain property in Panchayat —

1. (1) The State Government may, subject to such conditions and restrictions as it may deem fit to impose, vest in a Panchayat any property which is vested in the State Government.
2. (2) The State Government may resume any property vested in a Panchayat under sub-section (1), and no compensation other than the amount paid by the Panchayat for such transfer or the market value at the date of resumption of any building or works executed thereon by the Panchayat shall be payable:

Assignment of funds to Panchayat Assignment of funds to Panchayat — The State Government may, subject to such purposes and conditions and limits as the State Government may deem fit, assign to any Panchayat such taxes, tolls and fees levied and collected by the State Government and may make grants-in-aid from the Consolidated Fund of the State.

Grants-in-aid to Panchayat — The State Government shall make such grants-in-aid as may be determined on the basis of the recommendations of the Finance Commission.

Transfer of immovable property —

1. (1) No sale, gift, mortgage or exchange of any immovable property vested in or in the possession of a Panchayat or any lease of such property for a period exceeding three years shall be valid unless made with the prior sanction of the State Government or an officer authorised by it in this behalf.
2. (2) The procedure for transfer of immovable property shall be such as may be prescribed.

पंचायत निधि --

1. (1) प्रत्येक पांच यत एक ननधध स्थ वपत करेगी िो पांच यत ननधध कहल एगी और पांच यत

द्ि र प्र प्त समस्त र मशय ां उतत ननधध क भ ग होंगी।

1. (2) पांच यत मे ननहहत समस्त सम्पजत्त और पांच यत ननधध क इस अधधननयम तथ उसके अधीन बन ए गये

ननयमों के उपबांधों के अध्यधीन रहते ह

ु

ु मोहदत करे।

पांच यत ननधध ननकटतम सरक री खि ने य उपखि ने य ड कघर य सरक री बैंक य अन

ु स ू धचत बैंक

य उसकी श ख म रखी ि एगी।

1. (3) र य य सरक र य ककसी अन्य ्यजतत य स्थ नीय प्र धधक री द्ि र ककसी विननहदिष्पट क यि य प्रयोिन

के मलये पांच यत को आिांहटत ककसी र मश क उपयोग के िल उसी क यि य प्रयोिन के मलये तथ ऐसे

अन ु देशों के अन ु

स र ककय ि येग िो र य य सरक र इस सम्बन्ध म स ध रणत: य विशेषत: ि री कर ।

1. (4) पांच यत ननधध म से समस्त रकम --

(एक) ग्र म पांच यत के म मले म सरपांच तथ सधचि के सांय

ु तत हस्त िरों से,

(दो) यथ जस्थनत िनपद पांच यत य जिल पांच यत के म मले मे म

ु

ु

ख्य क यिप लक अधधक री द्ि र प्र धधक

ृ

त ककय गय हो, हस्त िर से,

ननक ली ि एांगी: परन् त ु

िनपद पांच यत य जिल पांच यत के म मले म समस्त रकम के िल, ि वषिक बिट के अन

ु स र विस्त ृ

त क यि योिन की ्यिस्थ करने के प्रयोिनों हेत

ु

ू िि अन ु मोदन से ही ननक ली ि एांगी : परन् त ु

संववदा निष् पाहदत करिे का ढंर् -- पांच यतों द्ि र सांविद ओां को ननष्पप हदत करने क ढांग ऐस होग िो विहहत ककय ि ए।

Power to give grants-in-aid.--A Panchayat may, subject to the previous concurrence of the State Government or the prescribed authority, make grants-in-aid to any institution for any work of public utility.

पंचायतों की स्थापिा, बजट तथा लेखे

Appointment of Secretary and Chief Executive Officer.--(1) The State Government or the prescribed authority may appoint a Secretary for a Gram Panchayat or a group of Gram Panchayats: Provided that the person holding charge of Secretary of Gram Panchayat immediately before the commencement of this Act shall continue to act as such until a Secretary is appointed in accordance with this section: Provided further that no person shall hold charge of Secretary of Gram Panchayat if such person is a relative of any office bearer of the concerned Gram Panchayat. Explanation.--For the purposes of this sub-section, "relative" means father, mother, brother, sister, husband, wife, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, paternal uncle, paternal aunt, maternal uncle, maternal aunt, nephew, niece or grandson/granddaughter.

1. (2) The State Government shall appoint a Chief Executive Officer for each Janpad Panchayat and may also appoint one or more Additional Chief Executive Officers, who shall exercise such powers and perform such duties as may be assigned to them by the Chief Executive Officer.
2. (3) The State Government shall appoint a Chief Executive Officer for each Zila Panchayat and may also appoint one or more Additional Chief Executive Officers, Deputy Chief Executive Officers and Executive Officers who shall exercise such powers and perform such duties as may be assigned to them by the Chief Executive Officer.
3. (4) In the event of a vacancy in the office of the Secretary of Gram Panchayat or Chief Executive Officer of Janpad Panchayat or Zila Panchayat by reason of leave, retirement, death or otherwise, the prescribed authority shall, as soon as possible, make such arrangements as it may deem fit for carrying on the office of the Secretary of Gram Panchayat or Chief Executive Officer of Janpad Panchayat or Zila Panchayat as the case may be. Any person, while acting on such post, shall exercise all such powers as are conferred on the Secretary of Gram Panchayat or Chief Executive Officer of Janpad Panchayat or Zila Panchayat as the case may be, by or under this Act or rules made thereunder.
4. (5) The Secretary of Gram Panchayat, Chief Executive Officer of Janpad Panchayat and Zila Panchayat shall be responsible for keeping and maintaining the records of the Gram Panchayat, Janpad Panchayat and Zila Panchayat respectively.

Other officers and servants of Panchayat -

1. (1) Every Panchayat shall, subject to other provisions of this Act and under the general guidance of the State Government, appoint such other officers and servants as it may consider necessary for the efficient discharge of its duties: Provided that the qualifications, method of recruitment, scale of pay, leave, allowance and other conditions of service of such officers and servants including disciplinary matters shall be such as may be prescribed.

Deputation of Government servants - The State Government may depute such of its servants as it may consider necessary, to the service of the Panchayat.

Functions of Chief Executive Officer and Secretary Functions of Chief Executive Officer and Secretary :— The functions of the Secretary of Gram Panchayat, Chief Executive Officer of Janpad Panchayat and Chief Executive Officer of Zila Panchayat shall be as may be prescribed.

Budget and annual accounts :—

1. (1) Every Panchayat shall, every year, in such form and at such time, on or before such date as may be prescribed, prepare a budget estimate of its receipts and expenditure for the next financial year.
2. (2) The budget estimate so prepared under sub-section
3. (1) shall be approved by such authorities and in such manner as may be prescribed.
4. (3) Annual accounts and administration reports by the Panchayats shall be submitted to the prescribed authority in such manner as may be prescribed.

Power to levy cess on land.—(1) Every holder of land and every tenant of the State shall, in respect of the land held by him within the Gram Sabha area, be liable to pay to the Gram Panchayat a cess at the rate of fifty paise per rupee or part thereof exceeding twenty-five paise on the Land Revenue or rent determined on such land for every revenue year for the purposes of this Act: Provided that any Gram Sabha may, by a resolution passed in this behalf in the prescribed manner, increase the rate specified in sub-section

1. (1) up to a limit of ten rupees.
2. (2) The cess levied under sub-sections
3. (1) and
4. (2) and the development tax levied under sub-section
5. (3) of Section 77 shall be in addition to the Land Revenue or rent or any other cess or tax imposed upon such land under the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) or any other enactment for the time being in force and shall, as far as may be, be payable and collected in the same manner as the Land Revenue is payable and collected. Explanation.—In this section, the expression "holder of land", "tenant of the State", "Land Revenue" and "rent" shall have the same meaning as given to them in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959).

Duty on transfer of property within block.—On the instruments relating to the sale, gift or mortgage of immovable property situated within the block, the stamp duty imposed under the Indian Stamp Act, 1899 (No. 2 of 1899) shall be increased by one percent on the value of such property or in the case of mortgage, on the amount secured by the instrument: Provided that the additional stamp duty levied in respect of mortgage shall not exceed the stamp duty imposed thereon:

Zila Panchayat Raj Fund Zila Panchayat Raj Fund. —

1. (1) A separate fund by the name of "Zila Panchayat Raj Fund" (hereinafter referred to as the "said fund" in this section) shall be constituted at the district level and shall be operated in such manner as may be prescribed by the State Government.
2. (2) The proceeds of the development tax under sub-section
3. (3) of section 77 and such other taxes, fees, tolls, cess and other receipts as may be specified by the State Government, after deduction of such collection charges as may be determined by the State Government from time to time, shall be credited to the said fund.
4. (3) The proceeds of the additional stamp duty under section 75 shall first be credited to the Consolidated Fund of the State in such manner as may be prescribed, and the State Government may, at the commencement of each financial year, extract from the Consolidated Fund of the State such amount as may be equal to the proceeds collected by the State Government in the preceding financial year, provided that such provisions are made by law by the Legislative Assembly in this behalf through appropriation made by law.

Other taxes. —

1. (1) Subject to the provisions of this Act and such conditions and exceptions as may be prescribed, every Gram Panchayat and Janpad Panchayat shall levy the taxes specified in Schedule-I.
2. (2) With the prior approval of the Janpad Panchayat, the Gram Panchayat and with the prior approval of the Zila Panchayat, the Janpad Panchayat may levy any of the taxes specified in Schedule-II.
3. (3) The Janpad Panchayat may levy a development tax on agricultural land.

Power of State Government to regulate taxes Power of State Government to regulate taxes.—(1) The State Government may by rules regulate the imposition, assessment, collection and apportionment of the taxes under Section 77.

1. (2) No objection shall be taken to any assessment nor shall the liability of any person to be assessed or taxed be questioned in any manner or by any authority other than as provided in this Act or the rules made thereunder.

Appeal against tax assessment.—An appeal against any tax imposed under Section 77 shall lie to such authority and in such manner and within such time as may be prescribed and the decision of such authority shall be final.

Leasing of market fees etc. — A Panchayat may lease out the collection of any fees mentioned in Schedule-3 by public auction and in such manner as may be prescribed.

Recovery of arrears — Any arrear of tax or fee and fine imposed under this Act or any sum due under this Act shall be recovered by the Collector as if it were an arrear of land revenue.

Penalty for evasion - If any person fails to pay any tax, fee, rate or any other amount due under this Act, he shall, in addition to the amount due, be liable to pay by way of penalty an amount equal to ten times of the amount of such tax, fee, rate or other due or five hundred rupees, whichever is higher.

Power of State Government in respect of relief in taxes -

1. (1) If, upon a complaint made to it or otherwise, it appears to the State Government that the burden of any tax imposed by any Panchayat is excessive on the taxpayers, it may, after calling for a report from the Panchayat in this behalf, abolish the tax or suspend or reduce the amount or rate of any tax.
2. (2) The State Government may, of its own motion or otherwise, after giving the Panchayat an opportunity of expressing its view in the matter, by order, grant such total or partial exemption from the payment of any tax to any person or class of persons or to any property or description of properties as may be specified in the order.

नियंत्रण

Inspection of work of Panchayats. —

1. (1) Such officers as may be duly authorised by the State Government in this behalf may inspect the proceedings of any Panchayat in such manner as may be prescribed.
2. (2) The officers authorised under sub-section
3. (1) may exercise such powers for the purpose of inspection of Panchayats as may be prescribed.
4. (3) The office bearers and officers and servants of the Panchayat shall be bound to afford such information and make available such records as may be required by the inspecting officer.

Power to suspend execution of orders etc. —

1. (1) The State Government or such other authority as may be prescribed may by an order in writing and for reasons to be stated therein, suspend the execution of any resolution passed, order issued or licence or permission granted by a Panchayat or prohibit the performance of any act by a Panchayat, if in their opinion, —
   • (a) such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorised;
   • (b) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or is contrary to any law;
   • (c) the execution of such resolution or order or the continuance in force of such licence or permission or the doing of such act is likely to —
     • (i) cause loss, waste or misuse of any money vesting in the Panchayat or damage to any property vesting in it;
     • (ii) cause a harmful effect on public health, safety or convenience;
     • (iii) cause injury or annoyance to the public or to any class or body of persons; or
     • (iv) lead to a breach of peace.
2. (2) Whenever any order is made by the prescribed authority under sub-section (1), they shall forthwith and in any case within a period of ten days from the date of the order, forward to the State Government or such authority as the State Government may appoint in this behalf, a copy of the order with a statement of the reasons for making it and the State Government or the authority appointed by the State Government may confirm, set aside, revise or modify the order or direct that the order shall continue to be in force with or without modification for such period as it may think fit: Provided that no order made by the prescribed authority under sub-section
3. (1) shall be confirmed, set aside, revised or modified by the State Government or the authority appointed by it unless the Panchayat concerned has been given a reasonable opportunity of being heard against the proposed order.

Power of State Government to order execution of works in certain cases -

1. (1) The State Government or the prescribed authority may, by order in writing, direct any Panchayat to carry out the duties imposed on it by or under this Act or any other law for the time being in force, or to perform any work which it is not performing but is required to be performed or which the State Government or the prescribed authority considers necessary in the public interest.
2. (2) The Panchayat shall be bound to comply with the directions issued under sub-section (1), and if it fails to do so, the State Government or the prescribed authority shall have the power to get the said directions executed at the cost of the Panchayat, if any, and in exercising such powers, it shall have the same protection and to the same extent as the Panchayat or its officer or servant whose powers are being exercised would be entitled to under this Act.

Power of State Government to dissolve Panchayats for default, abuse of powers etc. -

1. (1) If at any time, it appears to the State Government or the prescribed authority that a Panchayat is persistently making default in the performance of the duties imposed on it by or under this Act or any other law for the time being in force, or exceeds or abuses its powers, or fails to comply with any order made by the State Government or the competent authority, the State Government or the prescribed authority, after conducting such inquiry as it may deem fit, may, by order, dissolve such Panchayat and may order for its reconstitution.
2. (2) No order under sub-section
3. (1) shall be passed unless the Panchayat has been given a reasonable opportunity to give its explanation, notice for which shall be addressed to the Sarpanch or Chairperson of the Gram Panchayat, Janpad Panchayat or Zila Panchayat, as the case may be, and shall be served in accordance with the provisions of Section 119. The reply of the Panchayat to the notice shall be supported by a resolution of the Panchayat.
4. (3) Upon the dissolution of the Panchayat under sub-section (1), the following consequences shall ensue, that is to say -
   • (a) all the office-bearers shall from the date of such order vacate their respective offices;
   • (b) all the powers and duties of the Panchayat shall, until the reconstitution of the Panchayat, be exercised and performed by such person or persons or such committee as may be appointed by the State Government or the prescribed authority in this behalf, and where a committee of persons is so appointed, the State Government or the prescribed authority shall also appoint a head of such committee;
   • (c) where a committee is appointed under clause (b), the committee or any member thereof, duly authorized by it in this behalf, may sue or institute legal proceedings on behalf of the Panchayat or may defend any suit or legal proceedings instituted against the Panchayat.
5. (4) Any person appointed to exercise the powers and perform the duties of a Panchayat during the period of its dissolution may receive such payment from the concerned Panchayat fund as the State Government, by order, may determine.
6. (5) The reconstitution of a Panchayat dissolved under sub-section
7. (1) shall be done within six months from the date of its dissolution in accordance with the provisions of this Act. The reconstituted Panchayat shall perform its functions for the remainder of the duration of the Panchayat:

Enquiry of working of Panchayats Enquiry of working of Panchayats — The State Government may, from time to time, cause enquiry to be made by any of its officers in regard to any Panchayat on matters concerning it or on any matters with respect to which the sanction, approval, consent or orders of the State Government is required under this Act or the rules made thereunder or any law for the time being in force or under it.

Liability of Panchas etc. for loss, misappropriation etc. —

1. (1) Every Panch, member, office bearer, officer or servant of a Panchayat [or Gram Nirman Samiti and Gram Vikas Samiti or committee of Gram Sabha] shall be personally liable for the loss, misappropriation or misuse of any money or other property of the Panchayat [or Gram Nirman Samiti and Gram Vikas Samiti or committee of Gram Sabha] to which he has been a party or which has been caused by his misconduct or gross neglect of his duty. The amount required for the reimbursement of such loss, misappropriation or misuse shall be recovered by the prescribed authority: Provided that no recovery under this section shall be made unless the person concerned has been given a reasonable opportunity of being heard.
2. (2) If the concerned person does not pay the amount, such amount shall be recovered as arrears of land revenue and credited to the fund of the concerned Panchayat [or Gram Nirman Samiti and Gram Vikas Samiti] [or committee of Gram Sabha].

Dispute between Panchayats and other local authorities.—(1) If any dispute arises between two or more Panchayats or between a Panchayat and any other local authority in respect of any matter in which they are jointly interested, such dispute shall be referred to the State Government and the decision of the State Government thereon shall be final: Provided that if the dispute is between a Panchayat and a Cantonment Board, the decision of the State Government shall be subject to the approval of the Central Government.

1. (2) The State Government may, by rules made under this Act, regulate the relations between Panchayats and between Panchayats and other local authorities in matters in which they are jointly interested.

Appeal and revision.—Appeal and revision against orders and proceedings of the Panchayats and other authorities under this Act shall be to such authority and in such manner as may be prescribed.

Power to recover records and articles and recover money --

1. (1) Where the prescribed authority is of the opinion that any person has in his possession any record or articles or money of the Gram Panchayat [or Gram Nirman Samiti and Gram Vikas Samiti] [or Gram Sabha Samiti] it may, by a written order, require that such record or articles or money be delivered or paid forthwith to such officer as the prescribed authority may appoint in this behalf to the Gram Panchayat or Gram Nirman Samiti and Gram Vikas Samiti or Gram Sabha Samiti.
2. (2) If any person fails to deliver the record or articles or pay the money as directed under sub-section
3. (1) or refuses to do so, the prescribed authority may seize the record or articles or may cause the money to be recovered and may order him to be arrested and sent to civil jail for a period not exceeding 30 days.
4. (3) The prescribed authority may -
   • (a) for the recovery of any such money direct that such money be recovered as arrears of land revenue, and
   • (b) issue search warrant for the recovery of any such record or articles and may exercise all such powers as may be lawfully exercised by a Magistrate under the provisions of Chapter 7 of the Code of Criminal Procedure, 1973 (No. 2 of 1974).
5. (4) No action shall be taken under sub-section
6. (1) or (2),
7. (3) unless the person concerned is given a reasonable opportunity to show cause as to why such action should not be taken against him.
8. (5) Any person against whom any action is taken under this section shall be disqualified for being a member of any Panchayat or Gram Nirman Samiti and Gram Vikas Samiti or Gram Sabha Samiti for a period of six years from the commencement of such action.

Delegation of powers --

1. (1) The State Government may, by notification, delegate all or any of the powers conferred on it by or under this Act, except the powers to make rules, to any officer subordinate to it or to any Panchayat.
2. (2) The exercise of powers delegated under sub-section
3. (1) shall be subject to such general or special orders as may be issued by the State Government in this behalf from time to time.
4. (3) The State Government may, by notification, specify the various authorities under this Act.

General power of control. — In all matters relating to this Act or the rules made thereunder, all the officers who are empowered to work under this Act, shall be under the administrative control of the same authority under whose administrative control they generally perform the duties of their office.

नियम और उपववधियां

Power to make rules. —

1. (1) The State Government may make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which are required to be or may be prescribed under any provision of this Act.
3. (3) All rules shall be subject to the condition of previous publication.
4. (4) All rules shall be laid on the table of the Legislative Assembly.
5. (5) While making any rule, the State Government may direct that a breach thereof shall be punishable with fine which may extend to two hundred and fifty rupees, and in case of a continuing breach, with a further fine which may extend to five rupees for every day during which the breach continues after the first conviction.

Bye-laws —

1. (1) A Panchayat or Gram Sabha may make bye-laws consistent with this Act and the rules made thereunder.
2. (2) In making any bye-laws under sub-section (1), the Panchayat or Gram Sabha may direct that the breach thereof shall be punishable with fine which may extend to two hundred and fifty rupees and in case of a continuing breach, with a further fine which may extend to five rupees for every day, during which the breach continues after the first conviction.
3. (3) No bye-law shall come into force until it has been confirmed by the prescribed authority.
4. (4) The manner of making bye-laws and their confirmation shall be such as may be prescribed.

Model bye-laws —

1. (1) The State Government may, from time to time, make model bye-laws for the guidance of Panchayats or Gram Sabha.
2. (2) The State Government may direct any Panchayat or Gram Sabha to adopt such model bye-laws, with such modifications, if any, as the local circumstances may require.

शाम्तत

Penalty for acting as Panch, member, Sarpanch, Up-Sarpanch, President, Vice-President when disqualified — If any person acts as a Panch, member, Sarpanch, Up-Sarpanch, President or Vice-President of a Panchayat knowing that he is not entitled or has ceased to be entitled to hold such office by reason of any disqualification mentioned in Section 36 or any other provision of this Act, he shall be punished with fine not exceeding two hundred and fifty rupees for every day on which he sits or votes or does any other act as such Panch, member, Sarpanch, Up-Sarpanch, President or Vice-President.

Penalty for voting by interested members — No Panch or member of a Panchayat shall vote on or take part in the discussion of any question coming up for consideration at a meeting of the Panchayat or of any committee thereof, if the question is one in which he has any pecuniary interest other than an interest as a member of the public or as a member of a local authority or as a representative of the Panchayat.

Penalty for acquisition of interest in contract by member, office bearer or servant - If any member, office bearer or servant of a Panchayat knowingly acquires, directly or indirectly, any personal share or interest in any contract or employment with, by or on behalf of the Panchayat, he shall be deemed to have committed an offence under section 168 of the Indian Penal Code, 1860 (45 of 1860): Provided that no person shall be deemed to have so acquired a share or interest in any such contract or employment by reason only of his being a shareholder in a joint stock company or a member of a co-operative society which enters into contract with or is employed by or on behalf of the Panchayat.

Wrongful restraint of officers etc. - Any person who prevents any officer or servant of a Panchayat or any person lawfully acting under his direction from executing his duty in accordance with the provisions of this Act or any rules or bye-laws made thereunder, shall be punished with fine which may extend to five hundred rupees.

Prohibition of causing obstruction to member etc. of Panchayats.-Whoever wilfully obstructs or molests a member or office bearer of a Panchayat or any person in the service of the Panchayat in the performance of their duties under this Act or of the rules or bye-laws made thereunder, shall be punishable with fine which may extend to five hundred rupees.

Prohibition of removal or obliteration of notice.-Whoever without the authority of the Panchayat, removes, destroys, defaces or in any way obliterates any notice exhibited by or under the orders of the Panchayat or any of its committees, shall be punishable with fine which may extend to two hundred and fifty rupees.

Penalty for failure to give information or giving false information.-- Any person required by or under this Act to give any information to any panchayat or any officer or servant of a panchayat, who fails to give such information or gives false information shall, on conviction, be punished with fine which may extend to five hundred rupees.

Prohibition of bidding.-- No officer or servant of a panchayat or any member of a panchayat shall in any way, directly or indirectly, be concerned in any bargain or contract made with such panchayat and if any such officer, servant or member is so concerned, he shall be disqualified from holding the office of such officer, servant or member and shall, on conviction, be punished with fine which may extend to two thousand rupees.

Procedure of compensation for damage to any Panchayat.— Every person who is guilty of any act or omission which causes any damage to any Panchayat shall be liable to make good such damage and the amount of compensation for such damage shall be recovered from him as an arrear of land revenue: Provided that no such recovery shall be made unless the person concerned has been given a reasonable opportunity of showing cause against such action.

प्रकीणा

Protection of acts done in good faith.— No suit, prosecution or other legal proceeding shall lie against any Panch, member, Sarpanch, Up-Sarpanch, President, Vice-President or any officer or servant of the Panchayat for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or bye-law made thereunder.

Suit in absence of notice. - No suit shall be instituted against a Panchayat or Gram Sabha or against any office bearer, officer or servant thereof in respect of any act purporting to be done in their official capacity, until the expiration of one month next after notice in writing has been, in the case of a Panchayat or Gram Sabha, delivered or left at its office and in the case of an office bearer, officer or servant, delivered to him or left at his office or place of abode, explicitly stating the cause of action, the nature of the reliefs sought, the amount of compensation claimed and the name and place of abode of the intending plaintiff and the plaint shall contain a statement that such notice has been so delivered or left.

Defense of suits against members, officers etc. to be at expense of Panchayat or Gram Sabha. - If a suit is brought against any member, officer or servant of the Panchayat or Gram Sabha in respect of any act purporting to be done by him in his official capacity, the expense of defending such suit shall be charged to the Panchayat or Gram Sabha fund; Provided that nothing in this section shall apply to any suit against such member, officer or servant in respect of any act involving criminal liability or where the suit is brought by the Panchayat or Gram Sabha itself.

Suit in relation to taxes etc. — No suit shall be entertained by any civil court in respect of any assessment, levy or recovery of any tax, cess, fee or any other money under this Act, or in respect of any order or decision made under this Act.

Member or servant of Panchayat to be public servant — Every member of a Panchayat and every officer and servant thereof shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (No. 45 of 1860).

Acts of Panchayat not invalid due to vacancy or defect in constitution etc. — No act of a Panchayat, or of any person acting as a member or Chairman or President thereof, shall be deemed to be invalid by reason only of some defect in the constitution of the Panchayat or by reason of the existence of any vacancy in the office of Chairman, President or member of any Panchayat or on the ground that the Chairman, President or any member of the Panchayat was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his election or otherwise.

Acquisition of land — Where any land is required for the purposes of this Act, the State Government may acquire such land under the provisions of the Land Acquisition Act, 1894 (No. 1 of 1894) and upon payment of compensation by the Panchayat, the land shall vest in the Panchayat.

Central Government or State Government will not obtain license or permission.- Notwithstanding anything contained in this Act, the Central Government or State Government shall not be required to obtain any license or permission from the Gram Panchayat or Janpad Panchayat or Zila Panchayat for the execution of any work or for any other purpose.

Power of Panchayat to borrow money.-

1. (1) A Panchayat may, with the previous sanction of the State Government and subject to such conditions as may be imposed by it, borrow money from any financial institution for the purpose of carrying out any of the purposes of this Act.
2. (2) The Panchayat may pledge or mortgage any of its property as security for the payment of money so borrowed.

Writing off of irrecoverable dues and useless materials. --

1. (1) Subject to such conditions as may be prescribed, a Panchayat may write off such irrecoverable dues and useless materials as are certified to be irrecoverable or useless in such manner as may be prescribed: Provided that no such dues shall be written off without the prior approval of the prescribed authority.
2. (2) The procedure for writing off such dues or materials shall be such as may be prescribed.

Prohibition of remuneration to members etc. -- No member, Sarpanch, Up-Sarpanch, President or Vice-President of a Panchayat shall be entitled to any remuneration or salary for the performance of the duties prescribed or assigned to them under this Act:

Inspection of record etc. of Panchayat or Gram Sabha Inspection of record etc. of Panchayat or Gram Sabha. – A Panchayat or Gram Sabha shall make available its records for inspection by any member of the public on payment of such fee as may be prescribed.

Method of serving documents etc. –

1. (1) Every notice, order or other document directed to be served on any person under this Act or under any rule or bye-law made thereunder, shall be served in such manner as may be prescribed.
2. (2) Subject to the provisions of this Act or of the rules or bye-laws made thereunder, any notice, order or other document required or authorised by this Act or by any rule or bye-law made thereunder to be served on or given to any person, shall be deemed to be duly served –
   • (a) if it is served on the person to be served;
   • (b) if it is served forwarded by registered post; or
   • (c) if it is served addressed to such person and left at his usual or last known place of abode or business.

Entry etc. for the purposes of the Act.—(1) The Sarpanch, Up-Sarpanch, President, Vice-President or the Chief Executive Officer or Secretary of the Panchayat or any other officer or person authorized by the State Government in this behalf may enter into/or upon any land or building for inspection, survey or execution of any work or for any other purpose connected with the provisions of this Act or any rule or bye-law made thereunder: Provided that—

1. (a) no such entry shall be made without giving at least twenty-four hours’ notice to the occupier or if there be no occupier, to the owner of such land or building;
2. (b) such entry shall be made with as little inconvenience to the occupier as possible;
3. (c) in case of any building used as a dwelling house, due regard shall be paid to the social and religious usages of the occupants.

1. (2) No person shall enter into or upon any land or building or carry out any work therein in contravention of any judgement, decree or order of any court.

Prohibition of interference by courts in election matters.—Notwithstanding anything contained in this Act or any rules made thereunder, no civil court shall have jurisdiction to question the legality of any action taken or any decision given by the State Election Commission or any officer authorized by it in connection with the conduct of elections under this Act.

Election Petition –

1. (1) No election under this Act shall be called in question except by an election petition presented in such manner as may be prescribed to the prescribed authority.
2. (2) An election petition against the return of a candidate at an election or against an election itself shall be presented –
   • (a) in the case of Gram Panchayat, to the Sub-Divisional Officer (Revenue);
   • (b) in the case of Janpad Panchayat, to the Collector;
   • (c) in the case of Zila Panchayat, to the Divisional Commissioner; within thirty days from the date of declaration of the result.
3. (3) The election petition shall be heard and disposed of in such manner as may be prescribed.
4. (4) The authority hearing the election petition may in its discretion award costs to be paid by any party to the petition and such costs shall be recoverable as arrears of land revenue.
5. (5) Any person aggrieved by an order of the prescribed authority under sub-section
6. (3) may within thirty days from the date of the order, appeal to the District Judge in the case of Gram Panchayat and Janpad Panchayat and to the High Court in the case of Zila Panchayat.
7. (6) Subject to the provisions of this section, the procedure provided in the Code of Civil Procedure, 1908 (No. 5 of 1908) shall apply to the trial of an election petition.

Power to eject persons who refuse to pay fees –

1. (1) Any person who refuses to pay any fee due from him to the Panchayat or Gram Sabha under this Act or rules or bye-laws made thereunder, may be ejected from the occupation of any property of the Panchayat or Gram Sabha by the prescribed authority on the application of the Panchayat or Gram Sabha, as the case may be.
2. (2) The prescribed authority shall, after giving such person a reasonable opportunity of being heard, pass such order as it deems fit.

Gram Panchayat or Gram Sabha may execute works on default by owner or occupier and recover expenses —

1. (1) Where a direction for the execution of any work is given by the Gram Panchayat or Gram Sabha under this Act and the default is made in the execution of such work, the Gram Panchayat or Gram Sabha may cause such work to be executed and the expenses incurred by such execution shall be recovered from the owner or occupier in default.
2. (2) The expenses incurred under sub-section
3. (1) shall be recovered as arrears of land revenue from the person in default.

Change of headquarters of Gram Panchayat, division, meeting and change of Gram Sabha —

1. (1) The State Government may, by notification, change the headquarters of a Gram Panchayat.
2. (2) The State Government may, by notification, divide the Gram Sabha or alter the area of the Gram Sabha.
3. (3) The State Government may, by notification, change the meeting place or date of the Gram Sabha.
4. (4) All changes made under sub-sections (1),
5. (2) and
6. (3) shall come into force from the date of publication of the notification.

Dissolution of Gram Panchayat -

1. (1) If at any time the State Government or the prescribed authority is satisfied that a Gram Panchayat is not competent to perform or persistently makes default in the performance of the duties imposed on it by or under this Act or any other law for the time being in force or exceeds or abuses its powers, the State Government or the prescribed authority may, after due enquiry, by an order dissolve such Gram Panchayat.
2. (2) No order under sub-section
3. (1) shall be passed unless the Gram Panchayat has been given a reasonable opportunity of being heard.
4. (3) On the dissolution of the Gram Panchayat under sub-section (1), the following consequences shall ensue, namely -
   • (a) all the office-bearers shall vacate their offices from the date of the order;
   • (b) all the powers and duties shall, during the period of dissolution, be exercised and performed by such person or persons or committee of persons as the State Government or the prescribed authority may appoint in this behalf, and where a committee of persons is so appointed, the State Government or the prescribed authority shall also appoint a head of such committee.
5. (4) Any person appointed under clause
   • (b) of sub-section
6. (3) to perform the duties of the Gram Panchayat shall receive such payment from the Gram Panchayat Fund as the State Government may, by order, determine.
7. (5) The Gram Panchayat dissolved under sub-section
8. (1) shall be reconstituted in accordance with the provisions of this Act within a period of six months from the date of such dissolution:

Change in boundaries of block and Zila Panchayat Change in boundaries of block and Zila Panchayat -

1. (1) The State Government may, by notification, change the boundaries of a block or Zila Panchayat.
2. (2) Upon such change under sub-section (1), the State Government may make such incidental and consequential provisions as may be necessary for the administration of the areas affected by such change, including provisions for the regrouping of existing Gram Panchayats or for the redistribution of their assets and liabilities.
3. (3) No such change shall be made without giving the Gram Panchayat or other local authority concerned a reasonable opportunity of showing cause against the proposed change.

Management of Government land.—(1) The State Government may, by notification, vest in a Panchayat such Government land as may be necessary for the purpose of this Act.

1. (2) The management, control and administration of all such land shall be vested in the Panchayat, subject to such conditions/restrictions as may be prescribed by the State Government.

संपरीक्षा

Audit of Panchayats.—(1) The audit of the accounts of each Panchayat shall be conducted annually by such authority and in such manner as may be prescribed.

1. (2) The audit report shall be submitted to the prescribed authority and to the Panchayat concerned.
2. (3) Every Panchayat shall prepare an annual statement of accounts and submit it for audit within the prescribed period.
3. (4) The audit report shall be placed before the Gram Sabha or the concerned Panchayat, as the case may be, in its next meeting for consideration and such action as deemed necessary.

निरसि

Repeal and savings —

1. (1) As from the date on which this Act comes into force, the Madhya Pradesh Panchayat Act, 1990 (No. 35 of 1990) shall stand repealed : Provided that the repeal shall not affect—
   • (a) the previous operation of any Act so repealed or anything duly done or suffered thereunder;
   • (b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed;
   • (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed;
   • (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
2. (2) Notwithstanding the repeal of the Madhya Pradesh Panchayat Act, 1990 (No. 35 of 1990), all Panchayats existing immediately before the commencement of this Act shall be deemed to be Panchayats constituted under this Act and shall continue to exercise their powers and perform their duties and functions until the expiry of their term or until they are reconstituted in accordance with the provisions of this Act.
3. (3) The rules, bye-laws, orders, notifications or any other instrument made or issued under the Panchayat Act so repealed shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force unless and until they are superseded by rules, bye-laws, orders, notifications or instruments made or issued under this Act.

Savings in respect of existing permanent employees —

1. (1) All persons who were permanent employees of the Panchayat immediately before the commencement of this Act shall continue to be the employees of the successor Panchayat on the same terms and conditions of service as were applicable to them before such commencement.
2. (2) The State Government may by order, make such provision as may be deemed to be necessary for the absorption, transfer or termination of the services of the employees referred to in sub-section (1), who are found to be in excess of the requirement or who cannot be absorbed in the service of the successor Panchayat.

Power to remove difficulties – If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty:

Provided that no such order shall be issued after the expiry of a period of two years from the commencement of this Act.

Schedule 1-A ("Taxes to be imposed by Gram Sabha") (1) Property tax. (2) Tax on animals, vehicles and carriages. (3) Tax on professional and trades. (4) Light tax. (5) Tax on water. (6) Sanitation tax. (7) Lighting tax. (8) Tax on entertainment.

Schedule 2-A ("Taxes which may be imposed by Gram Sabha") 1. Tax on buildings. 2. Tax on private latrines. 3. Tax on cleaning of private latrines. 4. Lighting tax. 5. Tax on animals used for riding, driving, draught or pack animals or on dogs or pigs. 6. Tax on vehicles. 7. Tax on profession and trade. 8. Fee for sanitation and drainage. 9. Fee for market and melas (fairs) owned by Gram Panchayat. 10. Water rate where water is supplied by the Gram Panchayat. 11. Tax on private hospitals and clinical laboratories. 12. Private property tax. CHAPTER 2 ग्राम सिा