(PR)252 LEASE OF COLLECTION OF FEES RULES, 1995 R.l R Whereas Shri son of Shri resident of who in his capacity as an office bearer/officer/servant/Secretary/ Chief Executive Officer / Additiorfal Chief Executive Officer of the . Panchayat in his custody. the record or money belonging- to the said Panchayat, after his. removal/suspension from his office, has been re-. .quired by a writtenorderNo ..~ dated : to deliver or pay the recprd or money specified in the ~chedule below forthwith to the Panchayat but has *failed or refused to d~l1verthe record or pay the money so directed has been apprehended and brought before the Court in custody. This is to require you to receive the salp into your custody and detain him in confinement in a Civil Jail for a period not longer than Thirty days or till be delivers up the said record or pays the said money. The Court does hereby fix per diem as the rate of the monthly allowance for the substance of, the said durtng his confinement under. this warr~t. Given under my hand and tp.e seal of this_G9Jlrt this ...~!..:--!..H;.-.-"~daY- -.oc-:-:~.-:-:.-:~.~. nr.-::-:- ---
SCHEDULE .Strike out which is not applicable. Prescr!bed Authority I! (f' tl .tl 11 G it THE MADHYA PRADESH GRAM PANCHAYAT AND JANAPAI) PANCHAYAT (LEASE OF f=-:::-- --~_."' -- '-: ---,-- - -COLLECTION'TIltFEESfRULES, 1995 --.----= CONTENTS
1. Short title.
2.. Definitions. 3. Resolution for giving lease.
4. Lease by public auction.
5. Conduct of auction.
6. Publication of notice of auction and the conditions of lease.
7. Conditions of auction.
8. Refund of earnest money;
9. Reauction of lease.
10. Accounts of Auction.
11. Repeal. THE MADHYAPRADESH GRAM PANCHAYAT AND JANAPAD PANCHAYAT (LEASE OF COLLECTION OF FEES) RULES, 1995 . [No. B-1-24-95-XXII-P-2. dt. 3-7-1995: Pub. in M.P. Rqjpatra Ext.; dt. 4-7-1995, p. 678(l)].-In exercise of the powers conferred by the sub-section
(1) of the - Section 95 read With Section 80 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No.1 of 1994), the State Government hereby makes the following rules, the same having been previously published as requir,.edby the sub-section (3) of the Section 95 of the said.Act, namely:-
1. Short title.-These rules may be cal ed the Madhya Pradesh Gram Panchayat and Janpad Panchayat (Lease of Collection of Fees) Rules. I I f. I'.r f \ ,) I , .1 . , .. n sl o p tl T Ie tl tl CI S' 0: e; P tl e: t:\ II ~, R.7 LEASE OF COLLECT/Oll OF FEES RULES, 1995 (PR)253
1995.
2. Definitions.-In these rules, unless the context otherwise requires,-
(a) "Act"means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No.1 of 1994);
(b) "Section"means a section of the Act;
(c)"Schedule" means the Schedule appended to the Act;
(d) "Panchayat" means a Gram Fanchayat or a Janpad Panchayat as the case may be.
3. Resolution for giving lease.-j., Panchayat may decide by resolution that collection of any fee specified in Schedule IIImay be leased out with the approval of Chief Executive OfficerofJanpad Panchayat in the case of Gram Panchayat or sub divisional officerin the case ofJanpad Panchayat.
4. Lease by public auction.-No l~ase for collection of any fee specified in Schedule III shall be granted exce:?tby public auction.
5. Conduct of auction.-The auc:ion of lease-
(a) in case ofGram Panchaya:, shall be conducted by the Secretary under the supervision of :he General Administration Committee;
(b) in case of a Janpad P~hayat shall be conducted by Chief Executive Officer under the supervision of the General Administration Committee. . _.' --,...6: Public~ii~~-6f ~~ii~~-~-f-;~~i-~~ahci-the condliions of-l~~s•.t- -A-- : ----_ .. -::. notice specifying the conditions of lease, date, time and place. 'of 'auction shall be published by the Secretary Gram Panchayat or Chief'Executive OfficerofJanpad Panchayat, as the case may be, not less than fifteen days prior to the date fixed for auction by.pasting a copy ofthe notice containing the said information on the notice board of the Panchayat concerned and Tahsil office concerned and by beat of drums throughout the' important local areas, where the up-set price of fees collection is more than Rs. Ten thousand, the said notice shall also be published in a local newspaper of __. the district.. . .__' ____ __. . _ _ _
Explanation.-"Upset Price" mea-Is ten per cent above tlie average of fees collected during the preceding Llree consecutive years.
7. Conditions of auction. -The auction shall, in addition to any other conditions which the Panchayat concemed may think fit to impose be subject to the followingconditions, namely:-
(a)no one shall be allowed to bid unless he has deposited ten per cent of the up-set 'price of lease with the office,,--conductingthe auction as an eamest money: . (b)the.highest bid shall be accepted subj~.btto the confirmation by the Panchayat concemed, provided that the lower bid may be accepted with the sanction of the collector or any ether officer authorised by him;
(c)the person whose bid is accepted shall deposit twenty five per cent of the auction price immediately after his bid is accepted. The deposit of - eamest money shall- be adjusted -in this amount._If he fails-to--depo~lt~---:--~~ twenty fiveper cent of the auction price as required by this rule the eamest money deposited by him shall be :orfeited in favour of the Panchayat concerned and the auction shall be treated as cancelled; and ..__..._- .... ~j (PR)254 ZILA PAN .... TRAVELLING ... ALLOWANCES RULES, 1995 R. 8
(d) the balance shall be paid in monthly or quarterly instalments of such amount as may be decided by the Panchayat concerned within 5 days of the be..ginningofmonth or quarter and the lease deed shall be executed .within thirty days of the confirmation of the bid being notified to him. If he fails to execute the lease deed within the perion specified above the twenty fivepercent. ~mount deposited by him shall stand forfeited in favour of the . Panchayat concerned and the auction shall be treated as cancelled.
8..Refund of earnest' money. -(1)The amount of earnest n10neyof the rest of the bidders shall be refunded to the persons concerned.
(2)Where a lower bid is proposed to .be accepted under the proviso to clause (b)of rule 7, the flmount deposited under clause (c)of the said rule shall be refunded to the person concerned as soon as may be, after sanction of the lower bid by the officermentioned in the said proviso.
9. Reauction of lease.-The lease whose auction has been cancelled under rule 7 shall be reauctioned at the risk of person whose bid was previously accepted in the manner provided by these rules. If the reauction results in any loss to the Panchayat, he shall be liable to compensate for it. These amount will be recoverable as arrears of land revenue.
10. Accounts of Auction.-The lease money shall be realised by the concerned panchayat. The Panchayat shall issue a receipt to the leasee. The Chief Executive Officer Janpad Panchayat/ Secretary of Gram Panchayat shall maintain a proper record of auction.
11. .Repeal.-All previous rules on the subject shall stand repealed on the date of final public<;ttionof the~e rules in the. :'.Madhya Pradesh Gazette". . THE MADHYA PRADESH ZILA PANCHAYAT MEMBERS (TRAYELLING AND OTHER ALLOWANCES), RULES 1995 CONTENTS
1. Short title.
2. Definitions.
3. Travelling and daily allowance admissible on tour.
4. Tour outside Jurisdiction.
5. Tour by own vehicle.
6. Tour by Panchayat vehicle.
7. Bill.
8. Other allowances and facilities.
9. Claim for allowances. .i
10. Fund.
11. Removal of difficulties..
12. Repeal. . . [No.B-1-22(l)-95-XXII-P-2, dt. 14-8:'1995; Pub. in M.P. RqjpatraExt., dt. 14-8-1995, p. 766(3)].-In exercise of the powers conferred by sub-section
(1)of Section 95 read with Section 117 of the Madhya Pradesh Panchayat RajAdhiniyam, 1993 (No.1 of 1994), the State Government hereby makes the followingrules, the same having been previously published as required 1 00000001 00000002 00000003