P. PANCHAYAT RAJ & GRAMSWARAJ ACT, 1993 NIi)

. '15 SUPPLEMENT - MAY, 2015

THE MADHYA PRADESH PANCHAYAT RAJ AVAM GRAM SWARAJ (SANSHODHAN) ACT, 2014

(M.P. Act 23 of 2014) .

[Pub. in M. P. Gaz. (Ext. Ord.r, dt. 30-12-2014, pg. 1280(1). Came into force from 29-10-2014 by M.P. Ordinance 10 of2014.]

In Section 36, on book page (PA)71 & 72, in sub.section (1),-

1. (i) after clause (cc), the following clause inserted, namely:- "(cd) has any dues, payable to the Madhya Pradesh State Electricity Board or its successor companies, standing against him name for a period ex~eeding six months on the first day of the month in which the election has been notified; or;
2. (ii) clause (h) shall be omitted. .cr M.P. GRAM PANCHAYAT (REGISTRATION OF COLONIZER, TERMS AND CONDITIONS) RULES, 1999 Given on book' page (PR)459, are repealed by the following new Rules:- MADHYA PRADESH GRAM PANCHAYAT (DEVELOPMENT OF COLONIES) RULES, 2014 CHAPTER.! Preliminary 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER-II Registration 3. Registration of Colonizer. 4. Registration fee. 5. Disqualification for registration. 6. Maintenance of Register. . 7. Cancellation of Registration Certificate. 8.. Appeal. , CHAPTER-Ill' ..•.P,eJ'IDiBBion.for~velopmentof Colony 9. Application for the development ofthe colony and. license fee. 10. Layout of proposed colony. 11. Jtrovision of pl!>ts or dwelling units forE~onomically Weaker <SectionsfLower Income Groups. 12. Shelter Fees. 13. Additional Shelter Fees. 14. Depositing of Shelter Fee. B.
   • • ••'W hei's, the lY loss or we crept
   • • •• • N(Ii) M.P. PANCHAYAT RAJ & GRAM SWARAJ ACT. 1993 !",,-' 15. Sale of Plots Reserved for Economic9.11yWeaker Sections and Lower Income Groups. 16. Mechanism for Mortgage of Plots /Dwelling Units. wI 17. Removal of difficulties in determining guideline rates. frc 18. General Conditions. 20 19. Period for completion of the internal development works of the colony. 20. Release of Mortgage. gi' CHAPTER-N Management of Illegal Colony 21. Management of the colony. 22. Relaxation. 23. Interpretation. 24. Repeal. ;. MADHYA PRADESH GRAM PANCHAYAT (DEVELOPMENT OF COLONIES) RULES, 2014 Notfn. No. F-16-11 /2013/22/P_2, dated 24-12.2014, Pub. in M.P. Raj- ". patra (Asadharan), dated 24-12,2.Q14, p. 1254(20).-In exerciSe .of the ...; powers conf-erredbyslib secHon'(1) of section 95 read with section 6I-A to ..I 6I-E of the Madhya Pradesh Panchayat Raj Avam Gram.Swaraj .Ad-. '; hiniyam, 1993 (No.1 of 1994), the State Government hereby, makes the i,1 following rules, the same having been previously published in the Madhya , Pradesh Gazette (Extra- ordinary) dated 1st March, 2014 as required by .1 sub-section (3) of section 95 of the said Act, namely:- , -.\ -, --, .- II CHAPTER-I , Preliminary S' , tJ . 1. Short title, ext!"nt, cOmmencement and application.--(I) These _ Rules mayoe c9.1led'theMadhya Pradesh Gram Panchayat (Development of Colonies) Rules, 2014. -- - t. ••

1. (2) They shall extend to the entire State of Madhya Pradesh.
2. (3) They sh9.11come into force with effect from the date of their 'publication in the Madhya Pradesh Gazette.
3. (4) These Rules sh9.11be applicable to the Gram Panchayat areas of p c Madhya Pradesh . qu~res,-. 2. Definitions.-In these rules, unless the context otherwise .re- . (a) "Act" means tne'Madnya Pradesh Panchayat Raj.Avam Gram Sw~aj Adhiniyam, 1993 (No.1 of 1994); . _ .. " .' (b) "Addition9.1shelter fee" means the fee levied and collected in lieu of " '.•:cinaintenance' of external development work; ~ (c)"Competent Authority" means in those district, in which constituted Municip9.1Corporation is existed, the Collector of those district and Sub Divisional Officer (Revenue) for other districts in their jurisdiction;
   • • • • • • • ~3 M.P. PANCHAYAT RAJ & GRAM SWARAJ ACT, 1993 N(lll) Sections arid
   • (d) "Economical Weaker Section" means group of such class of persons who are notified by the state government oy a specified gazette notification from time to time. The Madhya Pradesh Gazette notification dated 15July 2014 has fixed annual income for EWS as under:- ;es. works of the ~ EWS - Income ofRs. 1,00000 (One Lac) Per family per year. ; (e) "External development work" means the development work as given below:-
     • (i) Construction of new road between the outer limit of colony and existing road of village (minimum width 3.75 meters carriage way and 6 meter road way for a colony less than 2 hectares in area. For others 7 meters divided carriage way and a shoulder of 1.8 meters on either side of the road).
     • (ii) Re-construction and widening of existing road connecting the outer limit of the colony to the main road (minimum width 3.75 meters carriage way and 6 meters road way for a colony less than 2 hectares in area. For others 7 meters divided carriage way and shoulder of 1.8 meters on either side of the road).
     • (iii) Laying electric line from the limits ofthe colony to the existing electrical energy point .
     • (iv) Connecting existing underground sewerage, if any with the ,sewerage system of the colony: I •M.P. Raj:ise of the 'on 61:A to waraj Admakes the ,eMadhya 'quired by Provided that the execution of the above development work shall be done by the Colonizerin compliance with the prescribed standards.
     • (I) "Family'" means a basic social unit consisting of parents and their minor children, considered as a group, whether dwelling together Or separately.
   • (g) "Floor Area Ratio" (FAR) means the quotient obtained by dividing the total covered area (plinth area) on all the floors by the area ofthe plot;
   • (h) "Form" means forms appended to these rules;
     • (i) "Group Housing" means Housing for more than one dwelling unit, .(1)These 'elopment where land is owned jointly (as in the case of co-operative societies or the public agencies, such as local authorities or housing boards, etc.) and the construction is undertaken by one Agency. of their
   • (j) "Internal development work" means the development work to be done within the limits of the colony as per the prescribed standards as given below:- . areas of wise ~re-
     • (i) Levelling; , (il) 'nemarcation of the proposed road~ and plots sanctioned in the layout; , , '(iii) -Construction of proposed roads including widening of the exist: n Gram nlieuof stituted md Sub ing road (as per the mc standards);
     • (iv) Construction of culvertsJas per the IRQ standards);
     • (v) Construction ofproposed drains (as per the MPPHE standards);
     • (vi) Mandatory constriction ofoverhead water tank if the area ofthe . colony is more than :2 hectares and construction of sump tank in case the area of the colony is more than 1 hectare but less ,., . - .' \'. IV{lv) M.P. PANCHAYAT RAJ & GRAM SWARAJ ACT. 1993 ~2~~~ ,,' , 'I J (vii) Construction of internal water supply system (as per the the MPPHE standards); , , coni
     • (viii) Construction ofinternal sewage line and septic tank if proposed CUIi (as per the MPPHE standards);, cor!
     • (ix) Fixation of electric polls etc. under the internal electricity system (as per the MPEB s~ndards); vai
     • (x) Laying of cables for internal electrification (as per the MPEB for, s~dards); va:
     • (xi) Plantation along the road side, development of children co: playground with 4.5 feet high boundary wall; UI I
   • (k) "Lower Income Group" means group of such class of persons who Fi, are notified by the state government by a specified gazette notification TJ: from time to time. The Madhya Pradesh Gazette notification dated 15july Z" 2014 has fixed annual income for LIG as under :_ , lac) LIGper family- IncomeperofRs.year. from 1;00001 (Rs. one lac one) to 2,00000 (Ra. two 1'.1 "
   • (l) "Raw Land" means such Land for which the permission has been issued to the colonizer for development.
   • (m) "SaleaMe residential lire,," IDeanstheto~larea ofresidentialplots'-.c. Cdevelopedoito be'developed or the total built up area of residential units constructed or to be constnlCted, for which a Layout has been approved by the Competent Authority;
   • (n) "Shelter Fee" means fee levied and collected in lieu of the reserva- tion ofland or floor area as the case may be, determined on the basis ofthe rates notified by the S~te Government;
4. (0) "Sub-Divisional Officer (Revenue)" means the Sub-Divisional Of-

ucer appointed under the Madhya Pradesh Land Revenue Code, 1959 (No. 200£1959); ",. .

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'(p) "Shelter Fund" means the amount of fund received under the provisions of these rules. 'j

I

CHAPTER-II

Registration

3. Registration ofColonizer._(1) Any person who intends to develop

a colony in any Gram Panchayat Area shall apply to the Competent Authority for re,gistration in Form-1 appended to these rules accompanied by the documents mentioned therein and a copyofthe receipt for having

-- fund.deposited t!l~,registrationfe" :;n concerning district Panchayat. shelter- . --

1. (2) The application for registration shall be decided by the Competent Authority within a period of sixty days. In case the application is rejected, the reasons for such rejection shall be intimated in writing. (3)Any person aggrieved by the rejection of an application made under sub-rule (1)may file an appeal before the Divisional Commissioner within thirty days from the date of such rejection. •
   • • • • f " 993 M.P. PANCHAYAT RAJ & GRAM SWARAJ ACT" 1993 N(v) J ' (4) The registration certificate shall be issued in Form-2 appended to n (as per th , hese rules. The Competent Authority shall have power to impose other- . l~onditions with the consultation of the State G<>vernmentin special cirtnk ifproposedJ:umstances looking to the local circumstances, apart from the terms and rtconditions as mentioned in these Rules or.the Act. ' ,lectricity sys- ' (5) The registration certificate, unless revoked earlier, shall remain valid for a period offive years, thereafter on application, it may be renewed Illrthe MPEB for a further period of 5 years by payment of renewal fees. During the validity of the registration, the Colonizer shall be authorized to develop ; of children colonies in accordance with the provisions of the Act or Rules made there under, within any Gram Panchayat Area of the district. 4. Registration fee.-The registration fee shall be Rs. 50,000/- (Rupees Fifty Thousand), and renewal fee shall be Rs. 10,000/- (Rupees Ten Thousand), which shall be deposited in the Shelter fund ofthe concerning Zila Panchayat. persons who ~notification dated 15july '000 (Rs. two 5. Disqualification for registration.-No person shall be eligible for registration if:
   • (I) (1) he has been convicted of an offencepunishable under(a) Section 420 ofthe Indian Penal Code, 1860 (45 of 1860); .' (b) The Protection ofCivil Rights Act, 1955(No. 22 ofl955); and (c) Prevention ofMoneyLaundering ACt,2002 (No. 15of2003);
2. (2) he has been adjudged to be of unsound mind by a Competent Court.
3. (3) his registration had been earlier revoked under these rules.
4. (4) If he has been adjudged bankrupt/insolvent by a competent Court.
   • (II) No such person as mentioned in sub. rule (1) above, shall be a on has been , iential plots ential units lpproved by he reservabasis ofthe isional Of,1959(No. partner ofthe firm ofa Colonizer or a Director ofthe Society or a Company, wholwhich has applied for registration. 6. Maintenance of Register.-The Competent Authority shall main. tain a register in Form-3 appended to these rules both in office and online to be put in public domain, wherein the full details of the registration certificate shall be entered together with terms and conditions. The registered colonizer shall intimate the Competent Authority, in the case of any change in material particulars furnished at the time ofregistration. 7. Cancellation of Registration Certificate.-Where any colonizer 'starts the development work ofthe colonyor sells the plots without obtaining under the oodevelop, <lmpetent 3!np~ed .permission under rule 9 or in .contr1!-YC!ltiQni>fthetel1lls ,and cQncUPons,of permission granted or has furnished incorrect particulars at the time of "having It shelter _.-rn:istration.Ol:has s~seqlWltly .i.!l~~l!!'Y. disqualification orviola~ any provision of the Act or of the Rules, the ComPetent Authority may Without' prejudice to its rights to take such other legal action as may be considered appropriate in the circumstances ofthe case, and after recording reasons in writing, cancel the registration certificate and communicate the same to the concerned colonizer:' )mpetent rejected, ieunder ,rwithin ,Provided that no registration certificate shall be cancelled unless a reasonable opportunity ofbeing heard has been provided to the colonizer. . . • .,
     • • • N(vl) M.P. PANCHAYAT RAJ & GRAM SIVARAJ AC7; 1993 8. AppeaI.-Any Colonizer aggrieved by the order of canceIIatio~ Pl passed under liection7. may prefer an appeal before the Divisional Com. missioner within thirty days fromthe date ofthe order. or Th la CHAPTER- III Permission for Development of Colony 'gJ of 9. Application for the development of the colony and license' fee.-(l} Where a registered Colonizerintends to develop any colony and take up developmentwork,he shall submit an application in Form-4 to the Competent Authority.
5. (2) The fee for the permission of development of the colony shall be . payable at the rate ofRs. 10000/- (RupeesTen Thousand) per hectare. ' (3)Thefee shall be depositedbythe Colonizerin the shelter fund ofthe concernedZila Panchayat and a photo copyofthe receipt shall be enclosed, r' as proofofpayment with the application. I tI
6. (4) The Competent Authority may ask the applicant to furnish such d documents or information, as it may consider necessary keeping in view tJ the facts and circumstances ofa particular case. I f (5)The CompetentAuthOrityshall reject the application if the requisi- c te feeis not deposited and required documents are not furnished or are not I c in order. , " }., _ , days(6}TheCompetentAufuorityshlllidecidefromthe date ofpresentation thereof:Providedthe "pplic~iiollthat the periodWIthinsixtyrtaken'1-r t to obtain the additional documents or information shall be excluded from ' the periodofsixtydays.In the caseofrejection,the reasons thereof shall II feebe communicatedshall be refunded.to the applicant in writing and 90%ofthe registration 'I (7)The CompetentAuthority shall, after ensuring the compliancewith the provisions of rule 10, 11 and 16 grant the permission in Form-5 to develop colony. The authority may impose such conditions as it may consider appropriate. '
7. (8) If the applicant does not receive any information from the Com- petent Authority regarding disposal of the application within the period specified in sub-rule (6) above, he shall bring this fact to notice of the Competent Authority by a letter in writing. In case the Competent Authority doesnot issue any order within 15days from the date ofreceipt of such letter, the permission shall be deemedto have been granted. 10.Lay out of proposed colony.-(I) Where the proposed colonyto be developed,is situated in any Planning Area,constituted under the Madhya , Pradesh Nagar Tatha Gram NiveshAdhiniyam, 1973(No.23 of1973),the application under rule 9 shall be accompanied by an approved layout in Form-6 appended to these rules as provided in Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973), and Madhya Pradesh BhoomiVikas Niyam 2012.
8. (2) Where the land proposed to be developed is situated outside any planning area constituted under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973,the Sub-DivisionalOfficer(Revenue) shall seek the opinion of the Competent Authority of concerned Town and Country
   • • • • • • • • '993 M.P.PANCHAYAT RAJ & GRAM SWARAJ ACT. 1993 N(vil) ,f cancellatio ' 'ivisional Com! Planning authority. Only after receipt ofaffinnative opinion the diversion order of the said land under section 172 of the Madhya Pradesh Land Revenue Code. 1959 (No. 20 of 1959)shall be issued. After the approval of layout and issuance of diversion order, the building permission shall be granted by the Officer having Jurisdiction under clause (B) of sub-rule (5) ofrule 2, ofthe' Madhya Pradesh Bhoomi Vilms Niyam, 2012. •and license' ny colony and> Fonn-4 to thel 11. Provision of plots or dwelling units for Economically Weaker SectionsfLower Income Groups.-(I) Colonizer, in case of developed plots, shall reserve 6%ofthe saleable area for EWS and LIG (3% each for EWS and 3%for LIG) and in case ofdwelling units 6%ofthe total built up area shall be kept reserve for EWS and LIG (3%for EWS and 3% forUG). .lony shall be 'r hectare. ' ~r fund ofthe IIbe enclosed If the total area of a colony is less than 2 hectare, colonizer shall reserve developed plots/dwelling units as the case may be for EWSILIG in the same colony. However if the total area of colony exceeds 2 hectare, 6% developed plots! dwelling units may be kept reserved for EWSILIG wi~hin the radius 2 kilometre from the main campus in lieu of reserving them in the same campus. However such pennission shall be obtained by the colonizer at the same time of obtaining license for the development of the colony!construction of the houses. furnish such 'ping in view fthe requisi_ ed or are not ' (2)Th:e, area of developed plot. and-built up ares.'of rlwellllf!plntts c, reserved for economically weaker sections and lower income groups under this rule, shall be as under: -. - within sixty >eriodtaken cluded from hereof shall registration '1iancewith ,Fonn-5 to (I)For economically weaker sections- Developed Plots 35 to 40 Square Meters Dwelling Units 25 to 35 Square Meters (ii)For the lower income groupsDeveloped Plots 41 to 96 Square Meters as it may -----Dwelling Units 36 to 48 Squar<lMeters- .. -- --- _. '12. Shelter Fees.-(I) Where the land use ofthe area on which colony is being developed, in the applicable development plan prepared under the provision of the Madhya Pradesh Nagar Tatha Gram NiveshAdhiniyam, 1973 (No. 23 of 1973)is such that the plot size prescribed for the economically weaker sections and lower income groups is not pennissible, the Shelter Fee shall be applicable. 1 the Comthe period tice of the ::Ompetent ,ofreceipt lted. Ilony.tobe
9. (2) Where the development of the colony is on a land which has been leased out to the colonizer by the State Government and the lease condi.PonsAo not permit for_construction ofdweUing units or providing plots for economically weaker sections and lower income groups, the Shelter Fee eMg,dhya 1978),the lay.\l.!!.t.in sh'Nai:ar .Jill:!a1l.beapplicable.
10. (8) In case a colonizer does not reserve plotJbuilt up house for the economically weaker section! low income group persons, shall have to deposit shelter fee as under:- Madhya ~sideany haGram hall seek
    • (i) In case of.a colony is having plots on developed land, such, undeveloped landlraw land as the case may be, a colonizer shall have to deposit shelter fee 6% of raw land as per the Collector gnideline rate and Rs. 5000 per square metre for cost ofdevelop- Country .'
      • • •
      • • •
      • • • •
      • • • • N(vlll) M.P. PANCHAYAT RAJ & GRAM SWARAJ ACT. 1993 ment. I
    • (li) A colonizer shall have to deposit, in case ofundeveloped land for dwelling units/raw land, '6% of raw land as per the Collector gnideline rate and Rs. 5000 per square metre for development charges and Rs. 10000 per square metre for cost of construction on 6% of total constructed area. thE dw deE inE of: tio 13. Additional Shelter Fees.-(l) Every colonizer shall deposit additional shelter fees for the maintenance of external roads, drainage and sewage system.
11. (2) In the case of a plotted colony, the total area of residential plots in square metres and the Product of the total permissible floor area ratio at the rate of Rs. 100 per square metre.
12. (3) The Colonizer shall deposit additional shelter fees, in the case of a Co ho pi, group housiug colony, the product ofthe total permissible built-up area in square meter at the rate of Rs. 100 per square metre. ill' 14. Depositing of Shelter Fee.-(l) The shelter fee prescribed under rule 12 and 13 shall be deposited by the colonizer in the shelter fund ofthe concerned Zila Panchayat. Every Zila Panchayat shall maintain separate account for the amount so deposited and however, the State Government may further direct the manner in which the funds may be utilized. fu fu ca ra
13. (2) For the calculation of sheiter fee, the guid~line rate determmedtiy" Collector shall be the rate prevailing on the date on which a colonizer submits application to the Competent Authority for grant ofpermission for' development of colony. re w ne ti, I 15. Sale of Plots Reserved for Economically Weaker Sections lUid Lower Income Groups.- The plots/dwelling units reserved for the Economically Weaker Sections and Lower Income Groups shall be sold by the colonizer in the following manner:- r( P
14. (1) The Colonizer shall invite applications from persons belonging to the Economically Weaker Sections and Lowerlncome Groups, who do not. own any house or residential plot (except the residential plot in the abadi land ofvillage) anywhere in Madhya Pradesh in his name or in the name of any of his family members.
15. (2) The Persons belonging to Economically Weaker SectionsILower aj -d p tl Income Groups interested in such PlotsJDwelling units, shall submit applications along with the self declared certificate of having domicile of Madhya Pradesh accompanied by a duly self declaration in Form 10 appended to these Rules, declaring that neither he nor any member of his family own any house/plot either in his name or in the name of any of his VI d f g d s .family member anywhere in a rural area of Madhya Pradesh.
16. (3) The Colonizer shall send the name of such eligible Economically Weaker SectionILower Income Group applicants to Collector for buying plot/dwelling unit under the rules, along with a copy ofthe documents. The Collector shall give acknowledgement of receipt. The Collector shall scrutinize these applications within 30 days of the receipt thereof and satisfY him-self with the eligibility ofapplicants and shall furnish the final list of persons found eligible for Economically Weaker SectionILower Income Group plots/dwelling units to the colonizer. • \ ( I
    • • • • • • • •• I M.P. PANCHAYAT RAJ & GRAM SWARAJ ACT. 1993 IV(ix) I
17. (4) In case the Collector does not pass order on the list submitted by the colonizer within 30 days, the colonizer shall be free to sell plots or dwelling units to persons included in the list and execute necessary sale deeds in their favor.
18. (5) If the colonizer is found to have allotted the plots/ dwelling units to pedlandfor te Collector evelopment onstruction ineligible persons or more than one plot or dwelling unit to the members of same family, the colonizer shall be liable for cancellation of his registration certificate apart from penal action. 'posit addi~inage and 16. Mechanism for Mortgage of Plots rowelling Units.-The Colonizer shall mortgage plots with Competent Authority as hereunder: tal plots in 'ea ratio at
19. (1) Where the colony has been developed as a plotted colony or group housing or with dwelling units, 25 percent of the total number of developed plots and/or 25 percent of such dwelling units, as the case may be, shall be mortgaged with the concerning District Collector .
20. (2) The documents necessary for executing the mortgage deed shall be furnished by the Colonizer at his own cost and the particulars shall be furnished to the District Registrar. le case ofa .up area in bed under imd of the 1separate Ivernment ed. 17. Removal of difficulties in determining guideline rates.-In case any difficulty arises in determining the cost on the basis of guideline .rates mel).tioned in1Ulyprovisionunder these Rules,"th,,'matter,:shalFbe "c.•...--referred to the Collector and his decision thereon shall be final. In areas where guideline rates of residential plots or built up residential houses are-not available, the Collector shall prescribe the rates taking into consideration the rate ofthe nearest area. !'Il1medby colonizer lission for Sections 18. General Conditions.-(l) The Colonizer shall hand over external ,d for the ,e sold by . roads, drainage and sewage system to the Gram Panchayat and the Gram Panchayat shall maintain the same.
21. (2) The Competent Authority shall also issue an order in Form-9 __appended with these rules directing that the colony-be -kansferred-inJme.- --,----diately to the Resident Welfare Association for its maintenance: Jnging to ho do not ;he abadi hename Provided that when the permission of development has been granted phase-wise, the Completion Certificate shall be issued phase-wise. 19. Period for completion of the internal development works of the colony .•(l) The Colonizer shall complete the internal development within a period of three years from the date of grant ofthe permission of development of the colony as prescribed in rule 9. lsILower bmit ap!nicHe of ~orm 10 tet-ofiiis nyof.his (2).If the Colonizer does Irot cortlpleteelie work of development within ...the period -specified .in-sub-rule fl-) above, the Competent Authority who _ granted permission shall -direcnh:e-Cilloriizerto complete the work- of 4~v:eIQPmeI\tof plots or dwelling units mortgaged under rule 16 may be sold by the Competent Authority by inviting sealed offers/auctions and the amount so obtained may be utilized for completing the works: Jmically . buying nts; The lr shall eof and. hefinal 'wer In. , Provided that no action shall be taken by the Competent Authority, unI~ss the Colonizer so affected has been given a reasonable opportunity of being heard. 20. Release of Mortgage .•The Colonizer sha11submit the report of com. pletion ofthe development work ofthe colony to the Competent Authority and
    • • •
    • • • • • • • N(x) M.P. PANCHAYAT RAJ &,GRAM SWARAJ ACT. 1993 the concerned' Gram Panchayat. On receilll; of the report of completion of the work, the Competent Authority shall inspect or cause to be inspected of the colony' jointly with the representatives of Gram Panchayat within , thirty days of receipt of such report. If on such inspection it is found that " the external and internal development works are completed, Economically Weaker Section and Lower Income Group plots/dwelling units have been developed and allotted, the Competent Authority shall issue a completion certificate in Form- nO.7 appended to these rules and release the I' mortgaged property in respect of the plots or the dwelling units by issuing the order in Form-8 appended to these Rules. ' , these j PI favou] these the D final. -2' Colon P: CHAPTER-IV ',J repea respo: Management of megal Colony 21. Management of the Colony.-(1) If the fact of transfer or agreement to Dtransfer plots made by the Colonizer in an area or illegal diversion or illegal colonization comes to the notice of the Competent Authority, he shall immediately take Over the management of such land and issue notice and publish the same in at least two daily Hindi news papers circulated in the jurisdiction of the district under which the Gram Panchayat falls and call upon all the persons interested in the said land to show cause within such period, as may be specified therein, as to why the I [For 12M( NEW l'

Authority.management ofthe said colony should not_ be_ taken, overby.the Oompetent ',?1"

F 2015,

1. (2) On the expiry of the period specified in the notice, the Competent Authority shall consider the objections or suggestions, if any, received with reference to the notice and if he considers necessary, require any such r,1 person who has raised any objection, to appear either in person or through " authorized representative with all the relevant documents for hearing.
2. (3) The Competent Authority after hearing the parties, may make such further inquiry in the matter, which he may think proper and may,- NEVI [
   • (i) drop the proceedings if he is satisfied that the land is not subjected to illegal diversion or illegal colonization;
   • (ii) takeover the management of the land, if he finds any illegal diversion or illegal colonization thereon; palte '!! • [ pair, and where the management of/and is taken over in the manner prescribed above, the Competent Authority shall prepare a scheme for the development and delivery of such land to the plot holders, if any, and the scheme so prepared shall be published for the infolination of general public in such a manner, as he may deem fit. pain I (3-a) ca
3. (4) The expenses incurred by the C9mpetent Authority on the manage- 'sliaument l>erecoverableofthe land shallonbepro-rataincludedorinontheanydevelopmentfair basis fromchargesthe personsofthe landtowhomand <theplots have been allotted under the scheme.
4. (5) The Competent Authority shall take action against employees EJ ',,:, ] I dale , ': , :i I"~ cc sl sl under section 61-E and 61-EA of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No.1 of 1994). 22. Relaxation.-Nothing in these rules shall be construed to limit or abridge the power of the State Government to deal with any case to which P ., •• - .
   • • • M.P. PANCHAYAT RAJ & GRAMSWARAJ ACT, 1993 IV(xl) these rules apply in ~ucha mariner, as may appear to bejust and equitable: lOmpletion of be inspected hayat within s found that I'lconomically s have been • completion release the Provided that the case shall not be dealt within any manner less favourable than those provided in these rules. 23. Interpretation .•lf any question arises as to the interpretation of these rules, the same shall be referred to the Government. The decision of the Department of Panchayat and Rural Development thereon, shall be final. 24. Repeal.-The Madhya Pradesh Gram Panchayat (Registration of Colonizer, Terms and Conditions) Rules, 1999 shall stand repealed: s by issuing er or agree~ legal diver- t Authority, i and issue :!ws papers Provided that anything done or any action taken under the rules so repealed, shall be deemed to have been done or taken under the corresponding provisions of these rules. Forms not reproduced. [For texl of forms, see M.P. Oaz. (Asadharan), daled.24-12.2014, p. 1254(20).] NEWRULESMADHYA PRADESH GRAMm NAL JAL PRADAY YOJANA SANCHALAN EVAI\-1j3ANDIJARANNIYAM, 2014 . the Gram laid land to to why the Competent For text'drni;;;'RilleB.See Noifn.No:' F~16.2~20i2:XxfI-P:2,daleci 20-i: 2015,Pub. inM.P.Jrojpalra (Asadharan), daled20-1-2015, p. 56(3).. Competent ,eivedwith , any such or through NEW AMENDMENTS IN RULESMADHYA PRADESH PANCHAYAT NIRVACHAN NIYAM, 1995 As amended subsequently by following new amending notifications:- .earing. make such INolfn. No..F. .2-1~014-XXlI-P2, dated 11-9-2014, Pub. in M.P~-Ra:fpalra (Asadharan), daled 11-9.2014, p. 845.J [Nolfn. No. F-16-1-2015-XXJI-P-2, daled 23-1-2015, Pub. in M.P. Rajpalra (Asadharan), daled 23-1.2015, p. 80(1)J. my illegal lrescribed , developIe scheme liein such ! manage- Nolfn. No. F 2-1-2015-XXlI-P.1, daled 19-2-2015, Pub. in M.P. Rajpalra (Asadharan), daled 19.2-2015, p. 152(1). In rule 31.A, on book page (PR)50, after sub-rule(3), new sub-rule (.'I-a)inserted [Nolfn. daled 19-2-2015]:- . "(.'I-a)The Candidate shall also submit a copy of "No dues Certifi-
   • • "ate" ..issued bythePanchayat.in the form prescribed by the -State .t>-ElectionCOifllnissiilrialongwith the nomination pap"r"; '. ,landand ,towhom -'''' -In rule 77, on book page (PR)76, sub-rule (2) substituted [Nolfn. da~423.1-2015]:- I" "(2)After the counting ofvotes in respect ofapolling station has been mployees ayat Raj . completed, the Returning Officer or such other officer authorized by him ,Cshallmake the entries in part-one ofform 16, 17, 18 and 19 of the result w.sheet for Panch, Sarpanch, members of Janpad Panchayat and Ziia n<:Panchayat respectively and announce the total number or votes polled I limit or towhich ... ... N(XlI) M.P. PANCHAYAT RAJ & GRAM SWARAJ ACT. 1993 by each candidate." . I . I In rule 80, on book page (PR)79, sub.ruIe (B) substituted [Notfn. I. dated 23-1-2015]:_ .' , "(B) The Returning Officer, on receipt ofresuJt. sheets under sub.rule ' (7) shall enter or cause to be entered the total number of votes polled by . each candidate contesting for a seat of Panch, Sarpanch, member of ' Janpad Panchayat or member of Zila Panchayat at each polling station . ofthe concerned constituency in subsequent part or parts ofform 16, 17, I IB and 19 respectively and complete and sign the result sheet."; : In rule 81, in sub-rule (1) [Notfn. dated 19-2-2015 J,- po
   • (i) In clause (a), On book page (PR)81, for "Form 20", the words ' "Form 20 or Form 20-A" substituted and for "Form 16", the words "Form 16 or Form 16-A" substituted;
   • (ii) In clause (b), on book page (PR)81, for "Form 21", the words "Form 21 or Form 21-A" substituted and for "Form 17", the words "Form 17 or Form 17-A" substituted; "Form 22 or Form 22-A" substituted and for "Form IB", the words "Form IB or Form IB-A" substituted;
   • (iv) In clause (d), on book page (PR)81, for "Form 23", thewor.ds 'it .'_ . "Form 23 or Form 23-A" substituted and for "Form 19", the worCis"Form l' 19 or.Form 19-A" substituted. ,.
   • (iii) In clause (c), on book page (PR)Bl, for "Form 22", the words sh In rule 82, on book page (PR)81 [Notfn. dated 19-2.2015 J, for I I "Form 20, 21, 22 or 23" the words "Form 20 or 20-A, 21 or 21-A, 22 or 22-A or 23 or 23-A" substituted. In rule 84, on book page (PR)84 [Notfn. dated 19-2-2015],_ •
   • (i) In sub-rule (1), for" Form 16, 17~18 or 19" the words "Form 16 or 16-A, 17 or 17- A, IB or IB-A or 19 or 19-A" substituted and for "Form 20, 23-A"21,22 substituted;or 23" the words "Form 20 or 20-A, 21 or 21-A, 22 or 22-A()r23_ . or
   • (ii) In sub-rule (2), for" Form 20, 21, 22 or 23", the words "Form 20 or 20-A, 21 or 21-A, 22 {)r22-A, or 23 or 23-A" substituted;
   • (iii) sub-rule (3) substituted:_ "(3) Nothing in sub-rule (1) shall confer any power or authority upon the District Election officer to open any envelope containing counted ballot papers or to direct recounting of votcs or recounting of votes by detachable memory module (DMM).". In rule 86, o~ book page (PR)83 [Noifn. dated 19-2-2015 J, for ~\lIes 67 and 68", the words "Rules 67, 72-P, 86 and 72-R" substituted; In rule 88, on book page (PR)83 [Notfn ..dated 19-2-2015 ], for sl ."Rule 87" the words "Rule 87 and 72-R" substituted; insertedIn RulefNotfn.88,datedon book11-9-2014J:_page (PR)83, after sub-rule (2), sub-rule (3) "(3) After conduct of election by Electronic Voting Machine (E.V.M.), the Detachable Memory Module (DMM) and all necessary material relating to election shall be retamed for such period, as the commission
     • • , • • • • ., 3 M.P. PANCHAYAT RAJ & GRAM SWARAJ ACT, 1993 IV(xjp) may, by general or 'special ord~r, direct." Amendments in Forms. Not reproduced, See amending notifications dated 11-9.2014; dated 23.1-2015; & dated 19.2-2015 respectively. "ted [Notrn. :ler sub-rule ;espolled by member of ,ling station form 16, 17, et."; MADHYA PRADESH PANCHAYAT (UP SARPANCH, PRESIDENT AND VICE- PRESIDENT) NIRVACHAN NIYAM, 1995 [Notrn. No. F-16.2.2014.XXII.P.2, dated 5.12-2014, Pub. in M.P:.Raj. patra (Asadharan), dated 5.12.2014, p. 1118.] In rule 3, ',the words 'ords "Form
5. (1) On book page (PR)279, For suq-rule (3), the following sub-rule shall be substituted namely:- "(3) (a) The post of Chairman in the first election, shall be reserved in descending order for the Schedule Caste/Schedule Tribe in those districts where the population of such Schedule Caste/Schedule Tribe, as the case may be, is more in percentage with respect to their total population in those districts, thereafter in subsequent elections, the post shall be reserved by rotation for SC/ST in those districts, as the case may be, where such population of SC/ST is not less than one lakh. After the authorized latest publication of census data ,everyten year, thereserva" c' ," the words ords "Form , the words ords "Form , thewords >rds "Form '--- tion shaUb"'m',,-de'i1Itesh Tndesceiiding"oider for Schedule Caste/Schedule Tribe in such above manner: 2015], for !l-A, 22 or Pro,ided that in Scheduled Areas; the office of Chairperson for Scheduled Tribes shall be reserved in accordance with the provisions of Section I29-E: J,- Provided further that the Zila Panchayat or Janpad Panchayat; as form 16 or "Form 20, Aor230r the case may be, where there is no reservation of seats for Scheduled Castes or Scheduled Tribes or Other Backward Classes as the case may be, or of women belonging to any ofthesecatego:ries, sllall!>e e"eluded,. 'from:draWingOflotsTor th,,-ieservationofOffice of Chairperson for such Scheduled Castes or Scheduled Tribes or Other Backward Classes or of women belonging to any ofthese categories as the case may be. "Form 20
   • (b) The seats shall be reserved for other Backward Classes by rotation by drawing oflots;
   • (c) The seats are to be reserved in Zila Panchayat for Categories of orityupon g counted fvotes by Scheduled Castes, Scheduled Tribes and Other Backward Classes and ~8?;al!i!,-~ach~"..category~~!,,~~_bya.Iongwith!'1.!aJi.'!!'.!or.general\V~m.~!lseat, half~y;.<!r!l\'l:/J)gofthe totalot;lots."number; ofseats ~01.p.],_for bstituted;
6. (2) on book page (PR)280, for sub-rule (6), the followmgsubC:rule shall be substituted, namely:- '015 ~•.for b-rule (3) (E.V.M.), .••••••. ""' '-~-. __ ' ,_ • "A,'<. __ "(6) In subsequent general election, the Zila Panchayats previously' reserved shall be excluded from drawing lots, for that particular categories." material mmission ••• t,. , ••',. t, Cor N(x1v) M,P. PANCHA¥AT RAJ & GRAM SWARAJ ACT. ]993 MADHYA PRADESH PANCHAYAT, SAMVIDA SHALA , SHIKSHAK (EMPLOYMENT AND CONDITIONS OF CONTEU\CT) RlJLES,2005 I [Notfn. No. F. 2-01-2013-XXlI-P-2, dated 24-9-2014, Pub. in M.P. Rajpatra (Asadharan), dated 24-9-2014, p. 902.J ' In rule 6, on book page (PR)475, for sub-rule (2), the following sub-rule substituted namely:- "(2) 'Samvida Shala Shikshak Eligibility Examination', hereinafter referred to as 'Eligibility Examination', as prescribed shall be conducted for the employment of Samvida Shala Bhikshak. The eligibility examination shall be conducted by an agency prescribed by the Governm~nt. The validity of the eligibility examination shall be for two years after declaration of result or next eligibility examination to be held, which will be earlier." - , • •'c 1, t l\J B, D .~"'.•.'.1'. _..;. .C:;',cc'-L: -,I,"- . A . N ~ I ( i.'_ . 2, ~ I', j { I ", , , 1: 1, . 1 .- -- --- - " I I, 1\ I: . I, \ , ~i , , Ii " I '41 ••• ., ••.t II< .,. .• ( v