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1.-'. 1". . " p q rt I: a a n v re q v [ o a o a o . o i.J s a .t 4 E ,f .\ THE MAD;HYAPRADESH Pl\NCHAYAT (PROCEDURE OF MEETING AND CONDUCT ~F BUSINESS) RUl.ES, 1994 (NotlflCation No. 2171-1183-XXII-P-2-94 dated 23rd December, 1994. published in M.P.••Rajpatra, Extraordinary, dated 24th December, 1994, p. 2116 (5) -2116 (9)].-In exercise of the powers conferred by sub-section )) of Section 95 read with sub-, section (1) of .Section 44 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (l of 1994), the State Govem~ THE MADHYA PRADESH PANCHAYAT (PROCE~ DURE .OF'MEETING AND CONDUCT OF BUSINESS) RULES, 1994. CONTENTS , , . (PR)216 PROCEDURE OFMEETING & ....BUSINESS RULES, 1994
1. Short title. . . . 2. Definitions. . . "S., Convening of the Meeting. . 4. Ag~nda for the meeting.
5. Power of the Chairperson.
6. Rules to be observed while speaking.
7. An Office-b~arer not to move or second an amendment to a motion. " . ~_._~' _ ,8.' Ali Office:bearern-ot to-speak'-o-n-a~m--o-ti-e'-n-afi~-t--e-r-i-t-h-a'-s'-b-e--e~put" to vote. 9~ Office-bearer seats . .1O. Office-bearer to' rise when speaking.
11. Office-bearer to sit down when called .to order by Chairperson.
12. Power to move resolution. .
13. Chairperson to decide admissibility of resolution.
14. Form of resolution.
15. Notice of resolution.
16. Moving or withdrawing of resolution. .. - ,- .=:-=' --:.. ==:: '==-.-':::-' : .17-:' Chairperson t6 allow-"-dfs"cussf6ii-Oli'-a resOlution. --
18. Scope of discussion.
19. Splitting of resolutipn.
20. Right of Chairperson in respect of resolution.
21. Calling attention of Chairperson.
22. Office bearer. when guilty of breach of order.
23. Offensive words.
24. Irrelevance or repetition. .
25. Power of Chairperson to direct office bearer to withdraw from meeting. 26 Power to suspend any sitting ..' . . 27:. Office bearer not entitled to vote.
28. Person presiding the meeting not entitled to preside in certain cases.
29. Minutes.
30. Interpellations and resolutions.
31. Repeal. . ,. R.5 . I PROCEDURE OF MEETING & ....BUSINESS RULES, 1994 (PR)217 .. --_ .. , ment hereby makes the followingrules, the same having been previously published as required by sub-section (3) of Section 95 of the said Act, na'IDely:- , . ; , . .
1. Short title.- These rules may be called the Madhya Pradesh Panchayat (Procedure ofMeeting and Conduct of Business) Rules, 1994.
2. Definitions.-ln these rules, unless the ,context otherwise re-',. . qUires,-. . (a) ,f . " \. ' . "Act"means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. lofI99~; .
(b) "Meeting"means a meeting of a Panchayat;
(c) ,"Secretary" m.eans the Secretary of the Gram Panchayat;
(d) "Chief Executive Officer"'means the Chief Executive Officer of the Janapad Panchayat or Zila Panchayat, as the case may be;
(e) "Chairperson" means the person preside over the meeting ofthe Panchayat;
(f) "Section"means a Section of the Act.
3. Convening of the Meeting.-{1)Subject to the provisions of Section 44 of the Act the date, time and pIEceof the meeting shall be fixed by the Sarpanch or President, as the case may be.
(2)Notice of every meeting spedfying the date, time and place thereof and the business to be transacted thereat shall be sent by the Secretary or the Chief Executive Officer, as the case may be, .to every officebearer and exhibited at the office of the Panchayat seven cJear _daysbefore an __. ordinaiy meeting and three clear days 'before:special meetifig:-0;- .--: -c::-..,-c -:-=. . (3)Everymeeting shall be presided over,by the Sarpanch or President, as the case rimybe, or in his absen,:::ethe Up-Sarpanchor Vice-President, as the case may be, or in the absen,:::eof both, by a member chosen by the members present at the meeting to preside over the occasion.
(4) All questions before a-.meeting shall be decided by a majority of voters of the members present and, unless otherwise provided, the person presiding the meeting shall have a second or casting vote in all cases of equality of votes. ___ . __ ..__ 4_. '~~ndaJQ;r_the meetlng'.-(l) The.Agenda for the-meeting-shall-be prepared by the Secretary or the Chief Executive Officer, as the case may be. in consultation with the Sarpanch or the President, as the case may be.
(2)The agenda shall, as far as pc,ssible,be accompanied by short notes on the items included in the agenda.
5. Power of the Chairperson.-(I) The Chairperson may prohibit any . office-bearer from voting or taking :;>artin the discussion on any subject in respect ofwhich the Chairperson ~~asreas'()nablegrounds to believe that s~ch office-bearer has any direct or in~e<1~ pecur'liary interest in any agreement or property or any right hereto, which is the subjec~ matter of the discussion. .
(2) Such office-bearer may chalengethe decision of the Chairperson who shall thereupon put the quesLon in the meeting. The decision that may be taken at.the meeting shall be final.
(3)The office-bearer concerned shall not be entitled to vote on the question referred to in sub-rule (2). -- -.'~ -;;:--".- :- \ .
1 . , (PR)218 PROCEDURE OF MEETING & .... BUSINESS RULES, 1994 R.6
6. Rules to be observed while speaking.-An office bearer. while' speaking, shall not,-
(a) "Commenton the merits of any matter which is subjudice; ,
(b) make a personal charge or accusation against an officebearer or official of the Local Government. State Government or Central Government;
(c) use offensivelanguage about the conduct or proceedings of the Parliament. 'or of the Legislature of any State or of any Zila Panchayat. Janapad Panchayat or Gram Panchayat;
(d) utter defamatory words; .
(e) use unfairly his right of speech for the purpose of obstructing the business of the Panchayat. .
7. An Office-bearer not to move or second an. amendment to a motion.-An Office-bearer who has once addressed the meeting on a motion shall not subsequently move or second an amendment thereto. '
8. An Office-bearer not to speak on a motion after it has been put to vote.-No office-bearer shall speak on a motion after it has been put to vote by the Chairperson.
9. Office-bearer seats.-Office bearers shall sit in such order as the Chairperson may prescribe. Office-bearers shall speak only from ,their places. .
10. Office-bearer to rise when speaking.-An Office-bearerdesiring to speak on any matter shall rise from his place. but shall not speak before Jhe Chairperson calls the name of the s2e~er~ ]'l].e_speaker,shall,addr~~.~~==._.=,== == .0"'-the ChaIrperson. 1"'-' =--"~_. =:"'== -,- '. -"'-' _. ',' '. - . - - /, .
11. Office-bearer to sit down when called to order by Chairperson.- When an office-bearer is called to order by the Chairperson he shall be imnlediately sit down on his seat.
12. Power to move resolution.-Any Office-bearermay movea resplution relating to a matter concerning the administration and functions 'of - the Panchayat.
13. Chairperson to decide admissibility of resolution.-The Chairperson shall decide on the admissibility of a resolution. If in his opinion --~Py resolutionJs in .contravention of the provisionof the Act. or the rules made thereunder. he shall not admit it and his decision shall be final.
14. Form ofresolution.-(l) Every resolution shall be clearly and precisely expressed and shall raise a definite issue:
(2) Resolution shall neither contain arguments, inferences, ironical expressions or defamatory statements nor shall they refer to the conduct. or character of persons except in their officialor,public capacity.
(3)Resolution shall be of an affirmativecharacter.
15. Notice of resolution.-(l) Notice of,resolufion shall be in writing and signed by the mover. '.' . . "
(2) An office-bearerwhowishes to movea resolution shall giveat least five days clear notice of his iritention and shall, together with the notice, submit a copy of the resolution which he wishes to move, but the Chairperson may allow. for reasons to be stated by him, ~.resolution to be entered on, the list ofbusiness on a shorter notice than fivedays.
16. Moving or withdrawing of resolution.-An office-bearer in whose name a resolution appears on the list of business shall when called on, I~ f - .- --- 1 R. 24 PROCEDURE OF MEETING & ....BUSINESS RULES, 1994 (PR)219 either.-
(a) move the resolution; or
(b) withdraw the resoluUon, in which case he shall confine himself to a mere statement to that effect.
17. Chairperson to allow disc;ussion on a resolution.-If an officebearer. when called on, is absent. the -resolution standing in his nan1e shall be considered to have been withdrawn unless the Chairperson allows it to be discussed. .
18. Scope of discussion.-The discussion on a resolution shall be strictly limited to the resolution.
19. Splitting of resolution.-\\l1en any' resolution involving several points has been discussed, it shall be at the discretion of the Chairperson to divide the resolutiOI1'"andput each or any point to vote separately as he may think fit..
20. Rig~t of Chairperson in respect of resolution.-The Chairperson shall have the same right ofmoving or speaking on a resolution or motion as any officebearer. .
21. Calling attention of Chairperson.-(l) An office-bearer may call attention of the Chairperson by gh.-inga notice of his intention to do so atleast five clear days before the meeting.
(2)An office-bearer may also caLfor information on the administration or the progress of any programme of Panchayat from the Chairperson by giving a notice of fiveclear days bef.Jrethe meeting. _. ---=-- -=: (3)The~Chairpersrin-maydisallowany-motior'l'to call h1sattention-for-- =- C~_-,,_ information if it contravenes-the provisions of Rule 7.
(4)A call attention information notice shall not be debatable.
22. Office bearer when guilty of breach of order.-An office-bearer who,- - - - (a) uses -objectionable or offensivewords and refuses to withdraw them or offer any apology; or
(b) wilfullydisturbs the peaceful and orderly conduct of the meeting; or' .
(c)-refuses to obey -artyoraerfrorrfthe Charr;-6r --. ------ .._--
(d) does not resume his seat.when the Chairperson rises from his seat or when he is called upon to do so by the Chairperson, is guilty of breach of order. '23. Offensive words.-(l) Any o:llce bearer may take objection to any offensivewords. . .. ;
(2)An officebearer who objects to offensivewords should move, "The offensivewords be withdrawn". Ifhis motion is agreed to, the Chairperson shall direct that the words be withdrawn.'; 1
(3)Objections to offensivewords shall be taken when words are used and not after another officebearer has began to speak.
24. Irrelevance or repetition.-The Chairperson after having called the attention to Panchayat.to the conduct of an officebearer who persists in irrelevant or in tedious repetitions either of his own arguments or of the arguments used by other office bearers in debate, may direct him to discontinue his speech. • \ \ 1 I " (PR)220 PROCEDURE OF MEETING & ....BUSINESS RULES, 1.994 R.25
25. Power of Chairperson to direct office bearer to withdraw from meeting.-The Chairpers<?nmay direct any officebearer whose conduct is, in his opinion grossly di~orderly,or who is guilty ofbreaeh of order, under rule 22 to withdraw immediately from the meeting and any office-bearer ; so ordered to withdraw shall do so forthwith and absent himself during •the remainder of the day's meeting. . .
26. Power to suspend any sitting.-The Chairperson may in case of grave disorder arising in the meeting suspend any sitting for a time to be decided and announced by him.
27. Office bearer not entitled to vote.-No officebearer shall vote on, and take part in the discussion of any question coming.up for consideration at the meeting of the Panchayat if the question is one in which he has any direct or indirect pecuniary interest whether by himself or through some other person other than interest as a member of public.
28. Person presiding the meeting not entitled to preside in certain cases.-If it appears to any office-bearer present at a meeting that the person presiding at the meeting has any such pecuniary interest in any matter before the meeting for the discussion as is referred to in rule 27 and a motion qrought by him to that effect is carried, such person shall not preside over such meeting during the discussion and the meeting shall be presiding over by any other person who would have presided had the person so presiding been absent.
29. Minutes.-( 1) Every Panchayat shall record in the Minute Book-
(a) the names of the officebearers present;
(b) the names of the Government officers, if any, present; _ .__.... . .. (cL~lh:y~.m!Ilu1~~.of".~Jl~e proceedings of every meeting of the Panchayat ana its coIfunittees;; --- ... --.:-..•-'';:-'';:."'C7 --. -=~- '-.' .-.:--
(d) the names of the officebearers voting for or against any res'olution or remaining neutral.
(2)Such minutes shall be circulated to all the persons invited for the meeting, within 10 days from the conclusion of the meeting.
(3)The minutes so .recorded shall be signed by the person ..who presided over the said meetings.
(4)It shall at all reasonable times be'open to inspection free of charge by any office-bearer.' l' -(5)The-ininutesshaIl ~e in Hindi written in Devnagri scripL ._- - -.--.--'--- '--.-.-
(6)A copy of the minutes shall, Withinfifteen days, be.sent to,-
(a) in case. of Panchayat to the Chief Executive Officer of the J anapad Panchayat; .
(b). in ,case ofJanapad Panchayat to the Chie~Executive Officerof the Zila Panchayat or Deputy Director Panchayat. and Social Welfare; \
(c) in case of Zila Panchayat to the District Deputy Director of Panchayat and Social .Welfare, ColJector, Joint Director Panchayat & Social Welfare and Director Panchayat' & Social Welfare. .
(7)In .case, President or the Sarpanch fails on atleast three occasions to convene the mee!lng of Zila P;:mchayat,Janapad Panchayat or Gram P~nchayat, as the case may be, as-required by sub-section (4)or sub-section (6}of Section 44 of the Act, the Secretary or the Chief Executive . . ... ~ . J.P. & Z.P. '" COMMITTEES (ELECTION ....J RULl~S, 1994 (PR)221 THE MADHYA PRADESH JANPAD PANCHAYAT ANDZ1LA PANCHAYAT STANDING COMMITTEES (ELECTION OF MEMBERS, POWERS AND FUNCTIONS AND TERM OF MEMBERS AND PROCEDURE FbRTHE CONDUCT OF BUSINESS) RULES, 1994 CONTENTS Officer, as the case may be, shall send a report to that effect to the State Govemmy:1t or the prescribed authority who shall take suitable action in accordance with the provisions of the Act. .
30. Interpellations and resolutions.-Any office bearer may call the attention of the Chairperson to any neglect in the execution of the Panchayat work, to any waste or misapplication oLPanchayat Fund or property or to the needs of any locality within the Panchayat area, and may offer such suggestion as may appear desirable. 3!. Repeal.-The Madhya Pradesh Panchayat (Procedure of M~eting and Conduct of Business) Rules, 1991 are hereby repealed .
1. Short title.
2. Definitions ... __ .:. .__._ . ... - --.....----. --CHAPTER! -~'ELECTioN:(H~'-MEMBERS: ~~~:~'__-.-~.~'~.~._~..~.:_.~ -..__..__._.... .----3:.--cJ~;;~p~d"pa;;~h~y~t;iil~'P~~~il-~y~('t~=-':d~~t~~~ih~-:"~~;{i'h~~;'7~{-----...---.-co members of the Standing Cc.mrrnttee. __. __._.. __..__.. __.
4. Meeting for.constitution of Etanding Committees.
5. Election to be held,separate_y.
6. Presiding Officer.
7. Nominations to be invited.
8. Nomination . .9. Procedure. '; lO;--Recording of votes-etc;---_---- ---. -- .- -----.- ---- - .. --'- ..
1 ..-----------1-1--- -Result--ofelection,--- --.--~ --- ..---.-- ..-- ---------------.-------.--_. .
12. Record of election papers.
13. Custody of Election Papers.
14. Casual,vacancy .. 14-A. Cooption of Members. CHAPTER11.-ELECfICN OF CHAIRMANOF STANDINGCOMMITTEES
15. Election of Chairman. \ CHAPTERIII - POWERSANDFUNCTIONS
16. Po~versof the Standing Committee;"; .
17.. Functions of the Standing Committee. £HAPTERfV .•.TERM OFOFF}CE AND -PROCEDURE.FOR , CONDUCTOF:.BUSINESS ~ . .18. Termof Office. 19~ Convening of MeetiI!g.
20. Notice ofMeeting ..
21. Quorum.
22. Chairman ofMeeting: .' . .-1 5 a. ;, r r g. f e ., s 1 1 ~ { 7 I I ~ .; .. " 00000001 00000002 00000003 00000004 00000005 00000006