PANCHAYAT SERFICES (CONDUCT) RULES, 1998 (PR)403 ' ra :cya nily :::t, he ~r- , vation) Rules, 1998.
(2) They shall come into force With effect from the date of their publication in the "Madhya Pradesh Gazette". ,.
2. Definitions.-In these rules, unless the context otherwise requires,-
(1) "Act" means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No.1 of 1994).
(2) "Meat" means the meat of Pig, Lamb, Goad, Fish or Hen etc.
intended fro the purpose of consumption by human or animal but it does not include cooked, salted or pr-eserved meat.
3. In the area of the Gram Panchayat, no person shall sale the meat without the permit granted by the Gram Panchayat in this regard.
4. No person shall sale the meat or prepare to s~e the meat or exhibit th,e meat, except on the places permitted by the Gram Panchayat.
5. Every place permitted for the sale or preparation or exhibition of meat and all instruments, tables utensils or any other articles used for it, shall always be kept clean and :nhygenic condition.
6. The meat shall always be kept inside the duly Wired utensil I(J save from flies.
7. Meat shall not be rolledup in uncleaned paper or cloth or leaves and shall be brought in such utensil, in which flies may not enter. Any person performing in .contravention of provisions of this rule shall be liable to be .r:~mQv_eQ_JrgIJ!_tJ}~_.D!~J;KeJby_tD_e ..GrcUp._J:.<:!l1~.-h,COtYflt=QL_a -~~r.vgp.t_Qf:DranL __. _ Panchayat authorised to inspect the market. .
8. SuffiCient arrangements shall be mane to limit the open exhihition of meat.
9. The person whom the permit is granted shall have obey all such orders, which may be issu~d by the Gram Panchayat.from time to time.
10. Any person, who is suffering from any contagious or infectious disease or offensive sores shall not be permitted to enter into or stay at the place where meat is prepared of exhibited.
11. Any breach of these rules shall be punishable With fine which may eXtend to-Rupe-es'1\vo-HunCired- Ffft)'ail-d lrIhe breacn continuous ~th - - further fine which may extend to rupees five for every day during which such breach is continued' after the first conviction.
12. Repeal.-All rules, bye..:lays'corresponding to thf'se rules and in-, force immediat~ly 1before their commencement are hen -I >yrepealed With respect of matter covered by these rules.
MADHYA PRADESH PANCHAYAT SERVICES (CONDUCT) RULES, 1998 CONTENTS _1. _Short title and application. _ __..:-:"'__==. ._
2. --DefinitiOns:------- -_ ..- - ---- -. -----;-------
3. General.
4. Taking part in Pblitics or Elections.
(PR)404 PANCHAYAT SERVICES (CONDUCT) RULES, 1998 R.1
5. Demonstrations and strikes.
6. Proceeding on leave by Panchayat Servants.
7. Visit to Offi6ers ot her than his immediate officer.
8. Connection with Press, Television or Radio.
9. Criticism of Government or Panchayat.
10. Evidence before committee or any other authority.
11. Unauthorised Communication of information.
12. Subscription.
13. Gifts.
14. Public demonstration or function in honour of Panchayat Servant.
15. Private trade or employment.
16. Investment, lending and borrowing.
17. Insolvency and habitual indebtness.
18. Movable, Immovable and Valuable property.
19. Vindication of acts and character of panchayat servants.
20. Canvassing of non-official or other influence.
21. Bigamous marriages.
22. Consumption of intoxicating drinks and drugs.
23. General concept of misconduct.
24. Delegation of the power of the Chief Executive Officer.
25. Interpretation. 4
26. Repeal and Saving.
MADHYA PRADESH PAN CHAYAT SERVICES (CONDUCT) RULES, 1998 {No. F.1-16-98-XXII-P.-2 dated 4th January 1999, Pub. in M.P. RaJpatra Ext. dated 4-1-1999, p.16 (8)).-In exercise of the powers conferred by the sub-section (1) of Section 95 read with sub-section (2) of Section 70 of the Madhya Pradesh Panchayat RajAdhiniyam, 1993 (No.1 of 1994), the State' Gove'mment hereby makes the following rules the same having been -- previously published as required by sub-section (3) of Section 95 of the -- said Act namely:-
1. Short title and application.-(l) These rules may be called the Madhya Pradesh Panchayat Services (Conduct) Rules, 1998.
(2) Save as' otherwise provided in these rules they shall apply to ail persons appointed in Panchayat Services and the part in connection with the affairs of Panchayat: ..
Provided that nothing in these rules shall apply to panchayat SCrY,lllts who are.-
(a) Members of the All India Service or State Govemmen l Service;
(b) holders of any posts n respect of which the State Government may by general or special order, declare that these rules Sh~lll not apply:
-_Provided. further that these rules shall apply mutatis-mutandis to any such member belonging to a Contract Service or Part Time Service under the control of Zila Panchayat and whose salary is drawn from the misceb laneous head. . .
R.3 PANCHAYAT SERVICES (CONDUCT) RULES, 1998 (PR)405 ;
1 r \
2. Definitions.-In these rules unless the conte~ othervvise requires,- · (a) "Act" means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994);
(b) "Chief Executive Officer" means a Chief Executive Officer ofJanpad Panchayat, or a Zila Panchayat as the case may be;
(c) "Government" means the G:wernment of Madhya Pradesh;
(d) "Member of family" in relation to a Panchayat Servant, includes,-
(i) the wife or husband, as the case may be, of the Panchayat Servant whether residing with the Panchayat Servant or not, but does not include a wife or husband, as the case may be, separated from Panchayat Servant by a decree or order of a competent court;
(ii) son or daughter or step-son or step-daughter of a Panchayat Servant who is wholly dependent on him, but does not include a child or a step-child who is no longer in any way dependent on the Panchayat Servant or of whose custody Panchayat Servant has been deprived by or under any law;
(iii) any other person related whether by blood or marriage, to the Panchayat Servant or to the Panchayat Servant's wife or husband and wholly depen::lent on the Panchayat Servant.
(e) "Pahchayal" means ,a Gram Panchayat, a Janpad Panchayat or a Zila Panchayat, as the case may be;-- -ur "PancnaYZtCSernc-e"means the service ofGram-Panchayat;danpad--.-- -----.-0 __ Panchayat or a Zila Panchayat, as the case may be;
(gl"Panchayat Servant" means a person appointed to a Civil Service or Technical Service or other post in connection with the affairs of the '- Panchayat; -
(h) "Secretary" means Secretary of a Gram Panchayat;
Explanation.-A Panchayat Servant whose services are placed at the disposal of a corporation, organisation or local authority shall for the purp'ose of these rules be deemed to be a panchayat servant -serving _undeLthe_panchayat,_noJwi:th$:ta:rlgingj:h~thl~ -- - . salary is drawn from any oth-er source.
3. General.-(l) Every panchayat servant shall at all times,-
(i) maintain absolute integrity;
(ii) maintain devotion to duty; and .(iii) do nothing which is unbecoming of Panchayat Servant.
(2) (i) Every Panchayat Servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Panchayat Servants for the time being under his control and authority.
(ii)No Panchayat Servant shall in the performance of hi official duties or in exercige of powers conferred on him, act otherwise than in his best judgement except that when he is acting under the direction of his 'official superior and shall, where he is acting under such direction obtain the direction in writing, wherever practicable and wherever it is not practicable to obtain the direction in v.Titing_he_$.halLobtai~~itt~n confirmation of the direction as soon as possible. . - - -
Explanation.-Nothing in clause (ii)of sub-rule (2) shall be construed as empowering the Panchayat Servant to evade his respon- (PR)406 PANCHAYAT SERVICES (CONDUCT) RULES, 1998 R.4 'I' 1 , i, I \ sibilities by seeking instructions from, or approval of a Superior Officer or authority when such instructions are not necessary under the scheme of disttibution of powers and responsibilities.
4. Taking part in Politics or Elections.-(l) No member of Panchayat Service shall be a member of or be otherwise associated with any political party or any organisation which takes part in politics nor shall he take part in, subscribe in, aid of or assist in any other manner, any political movement or activity.
(2) It shall be the duty of every member of Panchayat Service to prevent any member of his family from taking part in, subscribing in, aid or or assisting in any other manner a party or organisation which is connected with such activities as against the Government of India, State Govemment or Panchayat:
Provided that if a Panchayat Servant is unable to do so he shall make a report to that effect to the Secretary or Chief Executive Officer, as the case may be.
(3) No Panchayat Servant shall canvas or otherwise interfere with or use his influence in connection with or take part in, an election to parliament. legislature or local authority:
Provided that:-
(i) a Panchayat Servant qualified to vote at such Election may _ _..__ _ .__ ~x~rci~e_ht~rJgl;!tto vote, but where he does so, he shall give no Indication of the rna-riner-hi wli.ic-hhe-propc)ses' fa'v'cite cir has - voted:
(ii) a Panchayat Servant shall not be deemed to have contravened the provisions of this sub-rule by reason only that he assists in the conduct of an election in the due performance of his duty imposed on him by or under any law for the time being in force.
Explanation. -The display by a Panchayat Servant on his person, vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election within the -meaning of this sub-rule ..
5. Demonstrations and strikes.-No Panchayat Servant shall,-
(i) engage himself or participate in any demonstration which is prejudicial to the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States. public order, decency or morality, or which involves contempt of court, defamation or ~ncitement to an offence: or
(ii) resort to or in any way abet any form of strike in connection with any matter pertaining to his service or the service of any other Panchayat Servant. ;
6. Proceeding on leave by Panchayat Servants.-No Panchayat Servant shall proceed on leave (casual or otherwise) before it has been sanctioned provided that in a case of emergency the authority competent to sanction leave may for reasons to be recorded in writing accord ex-post facto sanction for leave already availed of.
7. Visit to Officers other than his immediate officer.-(l) No Panchayat Servant shall directly visit or address to his superior except his immediate officer in a case related with his duties or effecting onhim being :1 :
11.
II' ;I I i i I ;
;11 III 1 I j I, I 1 , Ii jI;
Ii I'.1.• i .,1 1 i I Ill' II I.
I ~".
"" PANCHAYAT SERVICES (CONDUCT) RULES, 1998(PR)406 sibilities by seeking instructions from, or approval of a Superior Officer or authority when such instructions are not necessary under the scheme of distribution of powers and respon-.
sibilities. '
4. Taking part in Politics or Elections.-(l) No member of Panchayat Service shall be a member of or be otherwise associated with any political party or any organisation which takes part in politics nor shall he take pClIt in, subscribe in, aid of or assist in any other manner, any political movement or activity.' '.
(2) It shall be the duty of every member of Panchayat Service to prevent any member of his family from taking part in, subscribing in, aid or or assisting in any other manner a party or organisation which is connected .
with such activities as against the Government of India, State Government or Panchayat:
PrOvided that if a Panchayat Servant is unable to do so he shall make a report to that effect to the Secretary or Chief Executive Officer, as the case may be.
(3) No Panchayat Servant shall canvas or otherwise interfere with or use his influence in connection \Vith or take part in, an election to _ , _.p3:rliam.ent, legislature or local ~uthorjty: _ _ __ _lProvided that:-- -- --. --- -, - - - ---.-- - .. - - - - - - ..---,-- '-------e --.----- -.,--,-- -,-- - ------. 'i--
(i) a Panchayat Servant qualified to /vote at such Election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted:
(ii) a Panchayat Servant shail not be deemed to have contravened the provisions of this sub-rule by reason only that he assists in the conduct of an election in the due performance of his duty imposed on him by or under any law for the time being in force.
-ExplanatioIi.-The display -by-a-PanchayatServant--on-his--person-, -- ------- vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election within the meaning of this sub-rule. '
5. Demonstrations and strikes.-No Panchayat Servant shall,- (il engage himself or participate in any demonstration which is prejudicial to the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or which -involves contempt of court, defamation or iIV~itementto an offence; or
(ii) resort to or in any way abet any form of strike in connection with any matter pertaining to his service or the service of any other Panchayat Servant.
6. Proceeding on leave by Pancha1at Servants.-No Panchayat Ser- -vant shall proceed on leave (casual or otherwise) before it has been.- sanctioned provided that in a case of emergency the authority competent to sanction leave may for reasons to be recorded in writing accord ex-post facto sanction for leave already availed of. .
7. Visit to Officers other than his immediate officer.-(l) No Panchayat Servant shall directly visit or address to his superior except his ,.,.... _1_ .J... ....J __ -1 ••.•'---- • , .' \ l R. 10 PANCHAYAT SERVICES (CONDUCT) RULES, 1998 (PR)407 . - , .a Panchayat Servant but if any correspondence is addressed through his immediate officerto the superior officerthen the copy thereof may be sent {iirectly.
(2)NoPanchayat Servant shall visit any officialor non-official person except his immediate officer, for soliciting support in a case which may effect him as a Panchayat Servant.
(3) Regarding his appointment or promotion the Panchayat Servant may submit an application through such officeror officers which-may be specified by the departmental order. -
(4)No Panchayat Servant shall directly or indirectly or otheIWiseuse the influence of any officialor non-officialperson to further his interest in respect of matters' pertaining to his service. . .
8. Connection with Press, Television or Radio.-(l) No Panchayat Servant shall except with the previous sanction of the Panchayat or prescribed authority ownwhollyor in part or conduct or participate in the editing or management of any newspaper or oth~r periodical publication.
(2) No Panchayat Servant shall except with the previous sanction of the Panchayat or the prescribed authority or in the bonafide discharge of his duties, participate in a Television, Radio broadcast or contribute any article or write any letter either in his ownname or anonymously, pseudo:- nymously or in the name of any other person to any newspaper or periodical:
Provided that no such sanction shall be required if such broadcast or such contribution is of a puely literary, artistic -or scientific character.- . _
9. Criticism of Government or Panchayat.-No Panchayat Servant shall in any Television,Radio broadcast in any document published in his own name or anonymously, pseudonymously or in the name of any other person or in any communication to the press or in any public utterance make any statement or fact or opinion:-
(i) which has the effect of any adverse criticism of any current or recent policy or action of the Central Government or State Government or Panchayat:
- Provided that in the_case of any Panchayat.Servantincluded in _. _ any category of Panchayat Servant specified in the second proviso to sub-rule (2) of Rule 1 nothing contained in this clause shall apply to bonafide expression ofviews by him as an officebearer of a employees union of such Panchayat Servants for the purpose of safeguarding the conditions of service ofsuch Panchayat Servants or for recurring an improvement thereof.
(ii) which is capable of embrassing the relations between the State Government and Central Government or Panchayat or any State Government~ '.,
(iii) which is capable of embrassing. the relations between the Central Government and the Government of any Foreign States:
Provided that nothing in this rule shall apply to any statements madp.
or views expressed by a Panchayat Servant in his officialcapacity or in the due performance of the duties assigned to him.
10.Evidence before committee or any other authority>(l) Save as provided in sub-rule (3) no Panchayat Servant shall except with the previous sanction of the Chief Executive Officergive evidence in connection with an enquiry conduCted by any person, committee or authoritY.
(2) Where any sanction has been accorded under sub-rule (l), no Panchayat Servant giving such evidence shall criticise the policy'or any action of the Central Government or State Government or Panchayat.
(3)Nothing in this rule shall apply to,-
(a) evidence given at an e:1quirybefore an a~thOrity appointed, by the Government, Parliament or State Legislature or Panchayat:
or
(b) evidence given in any Judicial enquiry; or
(c) evidence given at any departmental enquiry by the competent authority of Panchayat.
11. Unauthorised Communication of information.-No Panchayat .
Servant shall except in accordance with any general or special order of the Panchayat or in the performance in good faith of the duties assigned to him, communicate directly or indirectly, any document or any part thereof or information to any Government Servant or any other person to whom he is not authorised to communicate such document or information.
12. Subscription.-No Panchayat Servant shall except with the previous sanction of the Panchayat or of the prescribed 'authority, ask for or accept contributions to, or othernise associate hiInself with the raising of any funds or other collections in cash or in kind in pursuance ofany object. ". - whatsoever. '. ---'. ----..- ..-_.. '.. . _- -- -- -_.--_. ..
13. Gifts.-(l) Save as otherwise provided in these rules no Panchayat Servant shall accept or permit any member of his family or any other person acting on his behalf, to accept any gift.'
Explanation.-The expression "gift" shall include .free transP9rt boarding. or lodging or other service or any other pecuniary advantage when provided by any person other than a .near relative or personal' frieQdhaving no official dealing with the Panchayat Servant. .
(2)On occasion such as.wedding anniversaries;-funerals-or-religious-.---- -- functions, when the making of a gift in confonnity with the prevailing religious or social practice, a Panchayat Servant may accept gifts froin his near relative but he shall make a report to the Chief Executive Officer.
except small gift. .
(3) No Panchayat Servant shall, (1) Give or take or abet the giving or taking of dowry; or .
(it) demand, directly or indirectly fromthe parent or guardian ofa bride or bridegroom, as the case may be, any doWry.
14. Public demonstration or function in honour ofPanchayat Servant.-No Panchayat Servant shall without the previous sanction of the Secretary or the Chief Executive Officer.as the.case may be,-
(a) receive any complimentary or valedictory address or accept any testimonial or attend any meeting held in his honour;'
(b) take part in or attend any meeting held in hoI1bur""ofany other Panchayat Servant who has quit the Panchayat Service:
Provided that he .may attend any meeting held in the honour on the occasion of his transfer or retirement or any other Panchayat Servan~.. .
I 1 ~ (PR)408 PANCHAYAT SERVICES (CONDUCT) RULES, 1998 R.II R.16 PANCHAYAT SERVICES (CONDUCT) RULES, 1998 (PR)409
15. Private trade or employment.-(l) No Panchayat Servant shall except with the previous sanction of the Panchayat. engage directly or indirectly {n any trade or business or undertake any other employment:
Provided that a Panchayat Servant may. without sanction undertake honorary work of a social or charitable nature or occasional work of literary, artistic. or scientific character subject, tot he condition that his official duties do not thereby suffer. but he shall not undertake or shall discontinue such work if so directed by the Panchayat.
Explanation.-Canvassing by a Panchayat Servant in support of the business of the insurance agency or commission agency owned or managed.by any other lnember of his family shall be deemed to be a breach of this sub-rule;
(2) Every Panchayat Servant shall report fa Panchayat if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency.
(3) No Panchayat Servant shall, without the previous sanction of the Secretary or Chief Executive Officer, except in the discharge of his official duties take part in the registration, promotion or management of any bank or other company which is required to be registered under the Companies Act, 1956 (No. 1 of 1956) or any law for the time being inforce or any Co-operative Society for commercial purposes:
Provided that Panchayat servant may take part in the registration, promotion or management of a Co-operative Society substantially for the benefit of Panchayat-Servant. -registered under the Madhya Pradesll Co:.-- operative Societies Act, 1960 (No. 17 of 1961) or any other law for the time being in force, or of a literary, scientific or charitable society registered under the Madhya Pradesh Societies Registration Act. 1959 (No.1 of 1960) or any other corresponding law in force.
(4) No Panchayat Servant may accept any unauthorised fee. reward, remuneration. honorarium. for any work done by him for any public body or any private person.
16. Investment, lending and'borrowing.-(l) No Panchayat Servant shall speculate in any stock, share or other investment. __ __________ __
Explanation.- Frequent purchase or sale or. both of shares, securities or other investments shall be deemed to be specula- _ tion \\ithin the meaning of this sub-rule
(2) No Panchayat servant shall make. or permit any member of his family or any person acting on his behalf to make. any investment which is likely to embrass or influence him in discharge of his official duties.
(3) If any question arises whether any "'transaction is of the nature referred to in -sub-rule (I) or sub-rule (2) the decision of the Secretary or Chief Executive Officer thereon shall be final. i
(4)No Panchayat Servant shall save in the ordinary course of business with a bank or a firm of standing duly authorised to conduct banking business. either himself or through any member of his family or any other _ person acting on his behalf.-
(a) lend or borrow money, as principal or agent to or from any -person within the local limits of the authority with whom he is likely to have official dealings. or otherwise place himself under any pecuniary obligation to such person; or --- .:._.- - I ,.
(PR)410 PANCHAYAT SERVICES (CONDUCT) RULES, 1998 R.17
(b) lend money to any person at interest or in a manner whereby return in money or in kind is charged or paid:
Provided that a Panchayat Servan-::may, giveto, or accept from, a relation or a personal friend, a purely temporary loan of a small amount free of interest or operate a credit account with a bonafide tradesman or make an advance of pay to his private employee:
Provided further that nothing in this sub-rule shall apply in respect of any transaction entered into by a Panchayat Servant \vith previous sanction of the Chief Executive Officer. .
(c) When a Panchayat Servant is appointed or transferred to a post of such nature as would invol-"ehim in the breach of any of the provisions of sub-rule (2) or sub-rule (4) he shall forthwith report the circumstances to the Chief Executive Officer and shall thereafter act in accordance with such orders as may be I made by the Chief Executive Officer and shall thereafter act in j accordance with such orders as may be made by the Chief Executive Officer.
(5) Notwithstanding any thing contained in sub-rule (4),-
(a) Secretary or Chief Executive Officer, as the case may be, relax - -any provision of this rule in relation to ClassiN-servant-belong---- ---------------------- ing to Panchayat Service;
(b) The aforesaid provisions shall apply with such restrictions or exemptions, as may be imposed by the Chief Executive Officer or Secretary as the case may be, to lending money to any person or to borrowing money from any Co-operative Society registered under the Madhya Pradesh 2o-operative Societies Act, 1960 (No. 17 of 1961) by Panchayat Servant.
17. Insolvency and habitual indebtness.-A Panchayat Servant shall not manage his private affairs as to avoid habitual indebtness or insolvency~A'Panchayat Servant -against whom-a-Iegal proceeding-is-instituted-for----- the recovery of any debt due from him or for adjudging him as an insolvent forthwith report the full facts of the legal proceeding to the Chief Executive Officer.
Note.- The burden of proving that the insolvency or indebtness and the result of circumstances which, with the exercise or ordinarly deligence the Panchayat Servant could not have foreseen or overwhich he had no control, and had not proceed~d from extravagqnt or dissipated habits, shall be upon Panchayat Servant.
18. Movable, Immovable and Valuable) property.-(l) Every Panchayat Servant shall on his .appointment to ciny service or post and thereafter at such intervals as may be specified by th.e Panchayat, submit a return of his assets and liabilities in such form as may be prescribed by the Panchayat giVingfull particulars regarding,-
(a) the immovable property inherited by him, or owned or acquired by him or held by him on lease or mortgage-;-either in his own name or in the name of any member of his family or in the name of any other person;
(b) shares or debentures or cash including bank deposits inherited by him or similarly owned acquired or held by him;
(,...) rlphtc: or othpr li~hilitipc: inf'llrrpn hv him..di_ret~LarilJ.djlreJctbil...- ..L__ j R. 18 PANCHAYAT SERVICES (CONDUCT) RULES, 1998 (PR)411 \ \ I
(2) (i)No Panchayat Serva~t shall, except with the previous knowledge of the Secretary or Chief Executive Officer; as the case may be, acquire or dispose of any immovable property by lease, mortgage, purchase, sale, -gift or otherWise either in his own name or in the name of any member of his family:
Provided that without previous sanction of the Secretary or the Chief - Executive Officer, as the case may be, no such transaction shall be made by Panchayatservant,-
(a) with any such person having official dealings with him; or
(b) which is transacted otherwise than through a regular or reputed dealer.
(il) If a panchayat servant with his consent tacit or otherwise during the term of his employment, any member of his family:-
(a) purchase any immovable property or gets any house owned by him in his own name or benami in the name of any other person erected or re-erected; or
(b) 'makes any alteration or repairs exceeding RS.5000/- in any of the immovable property already owned by him whether in his own ~name or benami in the name of any other person or as the case may be, by any member of his family, such Panchayat Servant shall give prior intimation of such erection, re-erection, alteration or repairs, as the case may be, to the prescribed authority disclosing the total amount estimated for the said ';.- -requisition, erection, re-ereCtion,~alteiation or as thee'ase may" ::" ----, - '-,-- be, repairs and also disclose the source from which he, or as the case may be, the member of his family proposes to raise the required funds for the purpose. He shall further give prior intimation if the revised estimates are likely'to exceed by 'more than 10% of the original estimates. At the completion of work the Panchayat Servant shall furnish the final cost of such work and the source from which the funds were actually raised with copies of documents, if any, in support thereof. _
(3) Every Panchayat servant shall report to the Secretary or Chief Executive Officer, as the case may be eve'rytiansactfon entered info by him - - - either in his own name or in the name of a member of his family in respect of movable property if the value of such property exceeds Rs. 5000.00 in the case of a Panchayat Servant holding any Class I or Class II post or Rs.
2,000.00 in the case of a Panchayat Servarit holding any Class III or Class IV post:-
(a) if a panchayat servant either fails to file a return prescribed in sub-rule (1) or files a return for any year which does not fully disclose all the property that is req,uired' to be indicated or otherwise conceals any such property it would amoun~ to _ misconduct - , /
(b) in a disciplinary proceeding on, account of miscollduct under sub-rule (3) (a) it shall be presumed that the property not included in the return or the value ofwhich is incorrectly shown was acquired through means in contravention of these rules. In such proceeding the burden of proof of establishing that the property was acquired legitimately shall lie on the panchayat servant.
(4) (i)The Secretary or Chief Executive Officer, as the case may be; with.
prior sanction of the General Administration Committee of Panchayat, at . any time, by generai or .spec~al order, require ci-panchayat Servant to ..
. furnish within a period specified in the ord~r a full and. statement of such movable or immovable property held or acquired by hini or on his behalf or by any member of his family, as may be specified in the order,. such statement shall if so required; include the detailE)of the means by which or source from whichs\1ch property was "acquired. .
. . ;~ '. .
(ii) If the movable o'rimmovable property is, or at any time was found to be beyond his known, "t'ources of income, it shall be presumed, unless the contrary is proved by the panchayat seIVant,' that the acquisition was from a corrupt source.
Explanation.- For the purpose of this nile,- .
(l) The expression :'movable'property" includes,-.
(a) jewellery, insurance policies, the annual premium of which .
exceeds Rs. 1000.00 or one sixth of the total annual emoluments,. shares,secUritiesand-deoentures, -received from' pan<;hayat service. whichever is'less;
(b) loan adv:an~ed by such panchayat seIVants whether secured or not; . . .
(c) motor cars,motor cycles,' horses or any other means of conveyance; and
(d) .refrigerators, television, radiograms etc.
(2) '''presCribed authOrity" means,-
(a) Secretary or 9hief Executive Officer, as. the case may be except 'where any -lower authority is speCifically specified by the panchayat for 'any purpose;
(b) in respect of a panchayat servant on deputation from any other depa~tment, the parent department on the cadre of which such panchayat servant is borne.
19. Vindication of acts and character ofpanchayatservants.-:(l) No Panchayatservant shall except with the previous sanction of the Secretary or Chief Executive Officer, as the case may be, have recourse to any court or to the press for vindication of any ::>fficialact which has been subject matter of.advance criticism or an attach of a defamatory character.
(2) Nothing in tpis rule shall be deemed to. prohibit a Panchayat servant from vindication his private character or any act done .by him in.
this private capacity and where any action for vindicating his private character or any act done by him :n private capactty is taken," the Panchayat servant shall submit a report to the Secretary or Chief Executive Officer as the case may be regarding such action.
20. Canvassing of non-official.or other influence.- 'No panchayat servant_ shall bring or attempt to bring any political or othel~ influence to bear upon any superior authority to further his interest ip respect of matters pertaining to his service under the panchayat..' I
21. Bigamous marriages.-(l) No panchayat 'seIVant who; has a wife living shall Jontract another marriage without first obtaining the permission of the panchayat, notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable him.
I f I., i (PR)412" PANCHAYAT~ER.vICES (CONDUCT) RULES, 1998" t ) f s R.I' GRAM PAN. (REG. OF SLAUGHTER HOUSE) RULES, 1998 (PR)413
(2)No female.panchayat servant shall marry any person who has a wife living withou,.t first obtaining the permission of the panchayat.
22. Consumption of intoxicating drinks and drugs.-A panchayat servant shall,-
(a) strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be. for the time in force;
(b) not present under the influence of any intoxicating drink or drug, during the performance of his duties;
(c) not appear in a public place in a state. of intoxication; and
(d) not ha,bitually in any intoxicating' drink or drug in excess.
23. General concept of misconduct.- Without prejudice to the generality of the concept of misconduct, any act or omission in breach of directions or prohibitions enacted in these rules amount to misconduct punishable under the rule made for disciplinary proceedings .
. 24. Delegation of the power of the Chief Executive Officer.-(l) Chief Executive Officer, may by general or special order direct that any powers exercise able by him under these rules shall subject to such condition, if any. as may be specified in the order be exerciseable also by other officer posted in the panchayat.
(2) Cases related to Chief Executive Officer or Secretary seeking any _-=- sanction or permission under these rules, shall be brought before the , _"'.:"_:-G"eneralAdmiriistration Committee of-Panchayat for"in disposal. ,-..; ".:""=-~.
25. Interpretation.- If any question arises relation to the interpreta- ~ tion of these rules it shall be referred to the Government whose decision thereon shall be final.
26. Repeal and Saving.- Any rules orders corresponding to these rules inforce immediately before the commencement of these rules and applicable to Panchayat servants to whom these rules apply are hereby repealed: .
Provided that any order made or action takeR' under the rules so .=_ repealed shall-:be"-deemed"to "have been made or taken undeL the_c9X_-_' --- .
. responding provisions of these rules.
MADHYAPRADESHGRAMPANCHAYAT(REGULA~ TION O:FSLAUGHTER HOUSE) RULES, 1998.
[No. F. J -20-9S-XXII-P-2 dated 4th January 1999, Pub. in M.P. Rajpatra.
p;xt. dated 4-1-1999, p.18(2)]-In exercise of the pow~rs conferred by the' sub-section (1) of Section 95 read With Clause (v) of Section 54 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 required by sub-section 93) of Section 95 .of the said act, namely:-
1. Short title and Commencement.-(l) These rules may bt: called Madhya Pradesh Gram Panchayat (Regulation of Slaughter House) Rules,
1998.
00000001 00000002 00000003 00000004 00000005 00000006 00000007 00000008 00000009 00000010 00000011 00000012