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The Chhattisgarh Panchayat (UP Sarpanch, President and Vice President) Nirvachan Niyam, 1995.

State Rules of Chhattisgarh · 199434,220 characters of text

The enactment

TypeRules
Year1994
JurisdictionState of Chhattisgarh
MinistryState Government
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectsconstitutional, agriculture

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

I I • ,. UPSARPANCH, PRESIDENT ... NIRVACHAN NIYAM, 1995 (PR)277 FORM'C' [See sub-rule (5) of nile 4] I, son of.. Panch/Member of Gram/ Janpad/ Zila ,Panchayat wardNo. / constttuency No do hereby state that I tendered my resignation as a Panch/Member' of the'Gram/Janpad/Zila Panchayat but I withdraw my resignation of my own accord. Date . Signature Panch/Member THE MADHYA PRADESH PANCHAYAT (UPSAR- PANCH, PRESIDENT AND VICE PRESIDENT) NIRVACHAN NIYAM, 1995 CONT-ENTS CHAPTERI' PREUMINARY

1. Short title and commencement.

2. Definitions. , , - . '.' CHAPTER-II--... ..:..-.. ~ - - RESERVATION OF SEATS FOR;CHAIR PERSON

3. Determination of reserved seats of Chair Person of Panchayat.

4. Deterinination of reserved seats for Up Sarpanchas and Vide I?residents of Janpad and Zila Panchayat. '

5. A::;sistance in matter of reservation. ' ,CHAPTER III ADMINISTRATIVEMACHINERYFOR CONDUCT OF ELECTION - - --6. -Appointment-ofelectlonstaff.------- ------------------ ---

7. Control.

8.

9.' General duty of presiding officer.. •.

CHAPTER IV ELECTION OF UP-SARPANCH PRESIDENT AND VICE-PRESIDENT

10. Meeting for election.

11. Meeting to be convended byCompe~ent authortty.,

12. Notice 6fmeeting..\

13. Place and presiding officer of the meeting.

14. Nomination.

15. Election to be held by secret ballot.' .'

16. Manner of recording votes, counting of votes and declaration ofresult.' . -- . . . " " . ,'-.,. -... -~... ~..~---- .~---- ---,-'"

17. Grant of certificate of election to the returned candidate.

18. Record of proceeding. (PR)278 UPSARPANCH, PRESIDENT ... NIRVACHAN NIYAM, 1995 R. 1

19. Custody of paper related to election.

20. Filling of casual vacancy.

21. Adjournm~..;ntof election in emergency.

22. Manner of notifying election.

23. Repeal. THE MADHYA PRADESH PANCHAYAT (UPSARPANCH, PRESI- DENT AND VICE PRESIDENT) NIRVACHAN NIYAM, 1995 [No., B-1:44-95-XXII-P-2, dt. 23-12~1995; Pub. in M.P. Gaz.Ext., dt. 26-12-95, p. 1214(l2)].-In exercise of the powers conferred by sub-section

(1) of Section 95 read with Section 17, 25 and 32 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 (3) of Section 95 of the said Act, namely:- As amended subsequently by the follOwingnotifications:-

1. NO.F.I-44-95-XXII-P-2.-Dated 5-3-1999, Pub.in M.P. Rajpatra Ext. dated 5-3-1999. p. 228;

2. No.F-1-44-95-XXII-P-2.-Dated 12-4-1999, Pub.in M.P. Rajpatra Ext. dated 12-4-1999, p.592; &

3. No. F-1-2-XXII-P-2-2007, dated 22-9-2007, Pub. in M.P. Rajpatra (Ext.), dated 22-9-2007, p. 886(1).

Note.- In the footnotes appearing hereinafter, the amending notiflca-' 'tions are referred to.by serial NO.'as given to them above. .

CHAPTER I .PRELIMINARY

1.Short title and commencement.-(1) These rules may be called the l\ladhya Pradesh Panchayat (Upsarpanch, President and Vice- President) Nirvachan Niyam. 1995.

(2) They shall come into force with effect from the date of their final publication in the "Madhya Pradesh Gazette". ,_. 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) 'Chair Person' means a Prestdent of Janpad Panchayat or Zila Pan<;,hayat, as the case may be; ,:

(c) 'Form' means a form appended to these rules; 1[(c-a) 'Competent Authority' 'meqI1s such officer who has been appointed as a Competent Authority by'the State Election Commission by delegating powers of election for the purpose of conducting of election, namely:- '\

(i) for the Up-Sarpanch of Gram Panchayat-Sub-Divisional Officer, Revenue.

(ti) Ins. by NO.3 [22-9-2007].for the President or Vice-President of ' Janpad Panchayat- Collector/Additional Collector, and

(iii) for Zila-Panchayat-ColleCtor /Additional Collector.] 1 Ins. by r-,-o.3 [22-9-2007]. R. 3 UPSARPANCH, PRESIDENT ... NIRVACHAN NIYAM, 1995 (PR)279

(d) 'Section'means the section to the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No.1 of 1994);

CHAPTER II,. RESERVATIONOF SEATS FOR CHAIRPERSON

3.Determinatlon of reserved seats of Chair Person of Panchayat.-

(1) The Panchayat in which offices of Chairperson shall be reserved for Scheduled Caste, Scheduled Tribes, other Backward Classes and Women shall be determined by the prescribed authority.

(2)The prescribed authority,-

(i) shall for the purpose of allotment of offices of Chairperson of Janpad Panchayat to Scheduled. Caste, Scheduled Tribes or Other Backward Classes keep the chits of the names of all J anpad Panchayats within the district in a pot and draw lots there from to the extent n=cessary for fulfilling the requirement of reservation under sub-:;ection (2) of Section 25 in the following order namely:-

(a) Scheduled Castes

(b) Scheduled Tribes

(c) Other Backward Classes.

(ii) shall for the purpose of allotment of office of chairperson of Janpad Panchayat to women belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and general category, keep chits bear:.ng the names of Janpad Panchayats -reserved. for..the -candidE..tes-belonging' to -Scheduled,- Castes, -----_.-_:;_._..- Scheduled Tribes, Other Backward Classes and general category in different pots and draw lots therefrom to the extent necessary for fulfilling the requirement of reservation for women under first provis.) of sub-section (2) of Section 25.

(3) For the purpose of allotment of chairperson of Zila Panchayat the procedure laid down in the sub-rule (2) shall be adopt~d; Provided that notwithstanding anything containec. in sub-rules (2) and (3), for the first election of chairperson of Janpad Panchayat and Zila Panchayat after .commencement of the Act, Seats of 3uch chairperson shall be allotted for ..--.._-- the scheduled -castes and schedukd -trlbes-in-such-Panchayats -in-which------- percentage of population of such cat~gories is found to be correspondingly higher in descending order: l[ProVided that in Scheduled P..reas, the office of Chairpersons for Scheduled Tribes shall be reserved in accordance with the provisions of Section 129-E.] 2[Provided further that the ZilaPanchayat' or J anpad Panchayat, as the case may be, where there is nj reservation of seats for Scheduled . Castes or Scheduled Tribes or Other BackWard classes as the case may . be, or of women beionging to any cf these ~tegories, shall be excluded from drawing of lots for the"reserva-lonof Office of Chairperson for such Scheduled Castes or Scheduled Tri".Jesor Other Backward Classes or of ..'. women belonging to any of these categories as the case may be.]

1 .Added by NO.1 [5~3-1999] . . 2- Added by NO.2 [12-4-1999]. ! . i I I 1 .~ I _. i. f .1 I ~ 1 (PR)280 UPSARPANCH, PRESIDENT ... NIRVACHAN NIYAM, 1995 R.4

(4)For the purpose of drawal of lots a notice containing the place. date and time for drawal or lots shall be exhibited at least five days before the date of drawal of lots- .• .

(1) by prescnbed authority in relation to J anpad 'Panchayat-

(a) On the notice board of Collector'~Office

(b) On the notice boards of all ~anpad Panchayats within the district. (ii} by the Director, Panchayat and SocialWelfare in .relation to Zila Panchayat-

(a) On the.notice board of Director I'anchayat and Social Welfare Office;

(b) On the notice board of all Collector's Office.

(c) On the notice board of all Zila Panchayat's Office.

(5)Proceeding regarding drawal oflots shall be recorded in writing and .shall be signed by the prescribed authority or the Director of Panchayat .' and Social Welfare. as the case may be, signatures of atleast two non-official persons present at the time ofdrawal of lots shall be obtained and the names and addresses of persons signing on such proceedings shall be written below their signatures. 1[(6) In subsequent general election, the Panchayats previously reserved shaH be excluded from drawing lots, for that particular--category till all such Panchayats are not exhausted:

Provided that newly constituted "District"or newly constituted "Block" s~all be deemed to be a part of its original."District or Block~',as the cas~ may be, from exclusion from drawing lots for that particular category until a full cycle has been completed]. '

4. Determination of reserved seats for Up Sarpanchas and Vide Presidents of Janpad and zn~Panchayat.-In accordance with sub-section (6) of Section 17, sub-section (4)of Section 25 and sub-section (4) of Section 32, if the Sarpanch of Gram Panchayat, President of Janpad Panchayat or Zila Panchayat does not belong to Scheduled Castes, ~cheduled Tribes or Other Backward Classes; the Up-Sarpanch of Gram Panchayat or the Vice-President ofJanpad or.Zila Panchayat, as the case - may_be,_shall.be ..elected from.amongsLthe .members belonging _to.such_ castes, tribes or c::lasses. lS'Assistance in matter ofreseIVation.-TheState'Government,Director of . Panchayat and SocialWelfare,Collectorand prescribed authority may take necessary assistance fromtheir subordinate officersin the matter of reservation and allotment of seats. .

CHAPTER III ADMINISTRATIVEMACHINERYFORCONDUcr.OF ELECTION

6. Appointment of election staff.-The 2[C,bmpetentAuthority] shall for the purpose of every election under these rules, appoint a presiding officer for each election. He may also appoint one or more Assistant Presiding Officer to' assist, Presiding Officers in the election work-such Officers may be appointed either by name or ex-officio 3[Competent 1 'cSubs.by NO.1[5-3-1999] .. 2 The word "Collector" subs. by NO.3 [22-9-2007].

3 . The word "Collector" subs. by NO.3 [22-9-2007]. R.12 UPSARPANCH, PRESIDENT ... NIRVACHAN NIYAM, 1995 (PR)281 Authority] may also appoint as many as officials as necessary to facilitate the election work:

Provided that Jlo person who is not a Government Servant ora Servant of any authority under the Municipa Law or any Public undertaking under the State Governnlent shall be appo'nted as presiding officer.

7. Control.-The Pr.esiding Officet",Assistant Presiding Officers and all other persons appointed for any matter connected wit9. these rules shall work under the guidance, superintendence, and control of the l[Competent Authority].

8. Notwithstanding anything contained in these rules, the 2[State Election Commission] may issue su.:::hspecial or general orders or directions which may not be inconsistent \vith the provision of the Act for' fair and free elections.

9. General duty of presiding oificer.-It shall be the general duty of the Presiding Officer at a meeting convene for election to maintain order thereat and to see that the election is fairly held.

CHAPTER IV ELECfION OF UP-SARPANCHPRESIDENT ANDVICE-PRESIDENT

10. Meeting for election.-(l) SLbject to the provisions of section 17, 25 and 32 the Panchayat shall within a period of thirty days from the date of election of Panchas, Sarpanchas. Members of Janpad an<t Zila Panchayat, el~c;:tan UP-S_afpancll, 2. President and Vice-President, as the _ :ca:se may-be; in the-rtiahilet"1aid-do\\.-n iii-these rules~ -- ----- -- -------;--------- -,

(2) 3[Collector / Additional Collector] shall fix a date for election of Up-Sarpanch, President or Vice-President of Janpad and Zila Panchayat within the presGribed time and infocm the 4[Competent Authority] concerned. - 11. Meeting to be convended by 5[Competent Authority].-The 6[Competent Authority] shall convene a meeting of all Panchas including Sarpanch or members of the Janpad or Zila Panchayat as the case may be forthis purpose. ----- ~-----12. Notice-of--meeting.-(l)-The ?[Competent -Authority] shall-issue-a~----------- .i10tice to all Panchas including Sarpanch in the case of Gram Panchayat and all in the case of J anpad Panchayat and Zila Panchayat entitled. to take part in election proceedings in Form I.

(2) A copy of such notice shall be exhibited on the notice board of the Panchayat Office..

(3) The notice shall be despatched atleast five days before the date of meeting at their permanent address~s and \shall contain the date, time, place and purpose for calling meeting. - . ~: 1 The word "Collector" subs. by NO.3 (22-9-2007].' \ 2 The word "State Government" subs. by NO.3 (22-9-2007]. 3 The word "Collector" subs. by NO.3 (22-9-2007j. 4 The word "prescribed authority" subs. by NO.3 (22-9-2007]. 5 The word "pr~scribed authoctty" subs. by No.3 (22-9-2007). _~_=:-~_6~_ ~:rheword "prescribed authority" subs. byNo. 3 (22-9-2007]. "7 The word "prescribed authority" subs. by No.3 [22-9-2007]. -.'1 The word "Collector" subs_.by No.3 [22-9-200r]. 2 Proviso subs. by No.3 [22-9-2007], which was'as under :---: "Provided that the presiding officer for the election of Zila Panchayat and Janpad Panchayat shall not be an officerbelow the rank of Deputy Collector and Tahslldar respectively." . . . 3 Sub-rule (2) subs. by NO.3 [22-9-2007] Before substitution, it was as under :.....:. "(4)Where the seat of President is not reserved for Scheduled Castes or Scheduled Tribes, or Other Backward Class, the election of the PresidenCShalLbe coriduCted .- first, arter which the election of the Vice-President shall be held."

(4)The notice shall be deem.edto be givenifit delivered to the Panchas or member in person or sent by registered post to his address. _ '

13.-Place and presiding officer of the meeting.-(l) The meeting for election of Up-Sarpanch or President and Vice-President shall be in the office of Panchayat or at any other place within the Panchayat areas, as may be specified in the notice.

(2) The meeting shall be presided over by an officer nominated by 1[Competent Authority] (hereinafter called the Presiding Officer): 2[Provided'that the' presiding officer for election of Zila Panchayat, Janpad Pancl1yatand Up-Sarpanch ofGram Panchayat shall be an officer not below the rank of Additional Collector or oJoint Collector, Sub- Divisional Officer or Deputy Collector or Tahesildar .and Class-III cadre officers respectively.]

(3)The Presiding Officer shall prepare programme of election of Up- Sarpanch, or President and Vice-President and announce it in the meeting. 3[(4) The Notice shall be deemed to be given if it delivered to the Panchas or member in person or sent to any major member of the family by registered post to his address.]

14. Nomination.-(l) No nomination shall be valid unless the candidate whose name is proposed and seconded has expressed to the presiding officer in writing that he is willing to serve as Up-Sarpanch or President or Vice-President of Gram or Janpad or Zila Panchayat, as the case may be.. . ; .." _::::=-_...: ....,...-:-:.: 'C ._ •.• - (2) Everycandidate shall be nominated in writing an nomination paper in Form II shall be signed by two of the Panchas or member as proposer and seconder. NoPanch or member shall be allowedto propose movethan one candidate. Nomination paper shall be delivered to the presiding officer within prescribed time for it. Any nomination paper subscIj.bed and delivered in contravention of these rules shall be invalid and declared as such by the presiding officer.

(3) Mter the expiry of time allotted for the delivery of nomination papers the presiding officer shall scrutinise the nomination :papers delivered to him and allow the Panchas ormembers--present-reasonable--- _ facilities for examining all nomination papers and decide any objection - which may be taken in respect of any nomination and may either on consideration ofsuch objection or on his ownmotion reject the nomination paper if it does not satisfy the provisions of the act and these rules.. .

(4)The Presiding Officerof the meeting shall read out to the meeting-

(a) the names- of the candidates "whosenomination papers have been declared invalid and the reason therefor, and " (PR)282 UPSARPANCH, PRESIDENT '" NIRVACHAN NIYAM, 1995 R.13 UPSARPANCH) PRESIDENT ... NIRVACHAN NIYAM, 1995 (PR)283R.16

(b) The names of the candidates duly nominated.

(5)(i) If there is only one candidate for election he shall be declared to have been duly elected.

(ii) if no nomination,. paper has been filed for any seat or if no candidate has been duly nominated for any seat or if all the nomination candidates withdraw their nominations, as rep:>rt of this fact shall be sent to the 1[Competent Authority] who shall take further action for filling the seat according to the provisions of the Act.

15. Election to be held by secret ballot.-(l) If the n~mber of candidate is more than one the election shall be held by secret ballot.

(2) The presiding officer shall assign serial number to each candidate with reference to their names written alphabetically in Hindi in Devnagri Script and than announce to the Panchas or Member as the case may be serial number assigned to each candidate.

16. Manner of recording votes, counting of votes and declaration of result.-(l) The Presiding Officer shall provide ballot box for the election of these seats. Such ballot box shall be of such design that the ballot paper carl be inserted there in but cannot be withdrawn therefrom without the box being unlocked and the seal being broken.

(2) The Presiding Officer shall immediately before the voting starts show the empty box to such members as may be present in the meeting so that they may be satisfied that it is empty and shall then secure and seal the box in such manner that the slit in the box for insertion of ballot paper therein remains open and shall also allow the candidates to affix their own seals -in-the -space -in Hie box meant therefor -ifthey -so-desire.---

(3) The Presiding Officer shall cause the ballot paper to be prepared in the Form III.

(4) Every Panchas or Member, as case may be, wishing to vote shall be prOvided with a ballot paper. The P::-esidingOfficer shall put his signature -un the ballot paper before supply, so as to indicate its authenticity. The voter shall then proceed to the place set apart for voting 2[and put the mark by a seal of rounded arrow given by the Presiding Officer] on the ballot paper against the name of the candidate for whom he wishes to vote; He shall then fold the ballot paper so as to ~a~nt~~ ~~~~~~Y_~~Jns~~Lt::he _ - ----------sarrie-Ihlne-baIlot b6x .1)lacedin the- view of the presidihg officer.

(5)(i) If the Presiding Officer is satisfied that owing to, illiteracy, blindness or other physical infirmity. a voter is unable to record his vote, the presiding officer shall permit him to take a 3[companion who is the nearest family member of the Voter], who is not less than eighteen years in age to record the vote of the member on his behalf and in accordance with his wishes:

Provided that before any' person is perrilitted to act as companion of any member under this rule the person shall b<1 required to declare in form IV-A that he will keep secret the vote recordep by him on behalf of voter and that he has not already acted as companion of any member:. ) I -I r j \ 1 The word "District Collector" subs. by NO.3 [22-9-2007). 2 The words "and put a cross (X)"subs. by No.3 [22-9-2007). 3 The word "companion" subs. by No. 3 [22~9-2007). (PR)284 UPSi-.RPANCH, PRESIDENT ... NIRVACHAN NIYAM, 1995 R. 17 1[Provided further that the voter shall not avail the advantage of illiteracy if he has the certifi~ate of literacy and the body disability shall be . such that he could not vote, if the voter is handicapped then it is necessary to produce th-=:certificate of handicap.]

(il)Presiding Officcr shall keep a recordin Form IV-B of all cases un~der this rule.

(6)(i) Immediately after the voting is over, the Presiding Officer shall open the ballot box, take out the ballot papers therefrom, count them and record the number thereof in a statement.

(il)A balkt paper shall be invalid-

(a) if i-:bears the signature of member or contains any word or any visible representation by which he can be identified; or

(b) if marks are placed thereon against more than one candidates; or

(c) if the mark is so placed thereon as to make it doubtful for which candidate the vote was intended to be given; or

(d) if no mark is placed thereon; or

(e) if it does not bear the signature of Presiding Officer.

(7)(i)The Presiding Officer shall declare the candidate who secure the largest number of votes to be duly elected in Form V.

(il) In cas~ of equality, the election shall be decided by lot to be draw by the presiding officer and the candidate on whom lot falls shall be declare'd to have been duly elected. . . . COMMEN,TARY Validity of ballot paper- putting of right symbol mark instead of cross mark - provision is directory not mandatory.-Sub-rule 6(ii) contemplates five Gategory of cases in which the ballot paper is held to be invalid. Putting of any other mark than the one prescribed under sub-rule

(4) is not contemplated in the category for declaring a ballot paper as invalid. If only marks are placed in a ballot paper in a manner to make it doubtful as to for which candidate the vote was intended to be given then the same bec')mes invalid. The grounds contemplatedfor_declaringa vote __ ...,-_ as invalid does not indicate that a vote cast by putting any mark other than the cross mark is. invalid, that being so, the requirement of putting cross mark is only jirectory in nature and not mandatory. Geeta Devi Yadav v. Archana, 2008 (1) MPW 261 = 2008(2) JW 34.

17. Grant of certificate of election to the returned candldate.- As soon as may be after a candidate has been declared elected under rule 16, the Presiding Officer shall grant to such cfindidate a certificate of election in Form VI and obtain from the candidate an acknowledgment of its receipt duly signed ty him.

18. Recard of proceeding.-Immediately after the conclusion of the meeting the Presiding Officer shall-

(a) prepare a record of the proceeding of .the meeting and sign it, attesting with his initials every correction made therein andcilso permit 1 Ins. by No: 3 [22-9-2007). R.21 UPSARPANCH, PRESIDENT ... NIRVACHAN NIYAlvf, 1995 (PR)285 any member present at meeting to affixhis signature to such record, if he so desires; and

(b)publish on the notice board of the Panchayat in FormVIIsigried by him statrng the names ofperson elec~edand send a copy of such notice to the \[District Collector and Competent Authority].

19. ~ustody of paper related to election.-(l) The presiding officer shall'prepare separate packets of counted and rejected ballot papers of each election, seal each packet an:i note thereon a description of its 0 contents, the election to which it relates and the date thereof.

(2) The packets prepared and sealed under sub-rule (1) shall not be opened and their contents shall not be inspeCted or produce except under the order of the competent court or Euthority.

(3)The packets shall remain if safe custody of the Collector or Officer authorised by him, for one year and shall thereafter be destroyed unless otheIWise directed by a competent court or authority or pending legal proceedings.

20. Fllling of casual vacancy.-If any casual vacancy occur in the officeof President or Vice-President or Up.,.Sarpanch,as the case may be, the District Collector, shall as soon as may be take steps to fill the vacancy in accordance with the Act and procedure laid down in these rules.

21. Adjournment of election ir~emergency.-(l) If at a meeting, the proceedings of election are interrupted or obstructed by any riot or open violence or any sufficient cause, the Presiding Officer shall announce an adjoumment of election to a date later and where the 0 election is 'so adjourned by Presiding Officer, he shall forthwith inform the 2[District Collector and Competent Authority). ;'

(2) Where an Election is adjourned under sub-rule (1), the District Collector shall immediately report the crrcumstance to the 3[Director, o Panchayat and Social Justice and Madhya Pradesh State Election Como mission.] . (3) In every such case as aforesaid, the 4[Competent Authority] shall fix a new date for fresh election and the provisions of chapter IVmutatis aPP'!y_to~e ~r.~s!J._~~ec~on!aken_under this !Ule. __._ _ _ ___. - COMMENTARY Situation in which adjournment permissible.-Adjournment of process ofelection is permissible, ifproceedings of election are interrupted or obstructed by any riot or open violence at a meeting. "At a meeting" o would simply suggest that any wrong should take place at rneeting and not outside meeting. o. . Adjournment not permissible ..-AftereleGtionswere over, results were 'declared and announced in public, any interruption or obstruction by third party cannot affect result of election. After votes were counted and results 'Yeredeclared some people entered 0 in the hall and asserting that o re-votin~ should be done. Such demand ofre-voting cannot be taken as a o situallOn of emergency. It is not a case for exercising powers under 1 2 3 " 1: The word "Distriet-Colleet9r"s~bs. by ~o. 3 [22-9-2007). The word "DistrletCollector" subs. ,by :'-lo, 3 [22-9-2007). Subs. by NO.3 [22-9-2007). The word "District Collector" subs. by ~o. 3 [22-9-2007]. sub-rule (1) of Rule 21. Only formality to be performed was to issue a declaration in Form No. V. adjournment ofmeeting, not proper. Smt. Anita Karope v. Smt. Geeta Uikey, AIR 2009 (NOe) MP [DB]. . (PR)286 UPSARPANCH, PRESIDENT ....NIRVACHAN NIYAM, 1995 R.22 1 'I I I I I I 1 I. I I i! I'-, ! -

22. Manner of notifying election.-The l[C'ompetent Authority] shall notify or cause to notify-

(a) Every election of an Up-Sarpanch of a Gram Panchayat, by affixing a notice in Form VlII-A on the notice board in the office of the Janpad Panchayat within which such Gram Panchayat is situated.

(b) Every election of President and Vice-President of Janpad Panchayat, by affixing a notice in Form VlII-B on the notice board of the Janpad Panchayat concerned and in the office of the District Collector.

(c) every election of President and 'VicePresident of Zila Panchayat, by affoong in Form VlII -C on the notice board in the office or Zila Panchayat and in the office of District Collector.

23. Repeal.-All rules corresponding to these rules' in force will be repealed on the final publication of these rules in the "Madhya Pradesh Gazette". i' I , 3[Competent Authority]. ',l Place .. '" " . Date .- . *Strike out which is not applicable. *Sarpanch and Panches, Gram Panchayat . *Members, Janpad/Zila Panchayat.: . To, FORM-! [See sub-rule (1) of Rule 12] *Election of Up-Sarpanch of Gram Panchayat .*PresidenWice-Pre~ident of Janpad Panchayat *PresidentNice-President of Zila Panchayat 1 The word "prescribed authority" subs. by No.3 [22-9-2007]. -- 2 The word "prescribed authority" subs. by'No. 3 [22-9-2007]. 3 The word "preS,cribed authority" subs. by Njo.3 [22-9~2007]. In pursuance of sub-rule (1) of the rule 12 of the Madhya Pradesh Panchayat (Up-Sarpanch, President and Vice-President) Nirvachan Niyam, 1995. I.. ,..2[Competent Authority)), do hereby give notice . that a meeting of the Gram Panchayat/-uanpad PanchayatjZilaPanchayat -------- .- shall be held on (date) at (hours) at the ~ (plac~) to elect *Up-sarpanch/ President/Vice-President under *Section 17/Section 28/Section 32 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993. I , I ! I I I i I I ~; , •I ,I I J UPSARPANCH, PRESIDEN'i'._ NIRVACHAN NIYAM, 1995 (PR)287 FORM-II [See sub-mIt (2) of Rule 14] Form of nomination for election of Up-Sarpartch of Gram Panchayat ~ . . *PresidentNice-President of ZilalJanpad Panchayat ......•..

1. Full name of candidate .

2. Name of father/husband .

3. Age .- .

4. Full address .

5. Caste of candidate .

6. Full name of Proposer .

7. Signature of Proposer .

8. Full name of Seconder : .

9. Signature of Seconder . DECLARATIOK OF CANDIDATE

1. I hereby signify my willingne~s -::0 my nomination and are willing to serve if elected. .

2. I hereby also declare that I am a member of the . •Schedule Caste/Tribe/Other Backward Class which has been notified as .Schedule Caste/Schedule Tribe/Other Backward Class in relation to District of the State. .. I I Date............. Signature of the Candidate. (Name ) (TOBE FILLEDBYPRESIDING OFFICER) This nomination paper was de ivered to me at.............. (hour) on date by the candida-::e. Date ..... :.....~:-=.. -- --~ -~ .._---- .Presidiitg Officer--- - . (Name . Deci~ion of the presiding (]fflcer accepting or rejecting . the nomination paper I have examined the nomination paper in accordance with provision of Madhya Pradesh Panchayati Raj Acfuiniyam. 1993 and rules made thereunder and decide as follows:- \ , .............................................. , Date . '.f .\ Presiding Officer Name ~ ; . *Deletewhichever is not applicable - ~= ~~==~~~=~=--- ~~" . •In case of rejection reasons must be recorded. • I (PR)288 UPSARPANCH, PRESIDENT ... NIR VACHAN NIYAM, 199C FORM-III [See sub-rule (4) of Rule 16] Ballot Paper for election to the election of Up. SarpanchlPresidentlVice-President ............... *Gram/ J anpad/Zila Panchayat Serial No. Name of the Candidate M2Xk l.

2.

3.

4 . Etc. • ••••••••••••••••••• (J ••••• -Signature of Companion---,---:- ' _ (Name ) . .- Full Signature of the Presiding Officer. FORMIV-B , [See Clause (ti) of sub-rule (5) of Rule 16} List of Illiterate, blind and Infirm Member Election of Up-Sarpanch/Presfdent/Vice-President of Gram/Janpad/Zila Panchf-yat.. . FORM IV-A [See Clause (i)of sub-rule (6) of Rule 16] Declaration of the Companion of Illiterate, blind or Infirm Member " '- *Election of Up-Sarpanch of-Gram Panchayat ~.;~.;.. __~'c.-.- ":_ *Election of President/Vice President of Janpad Zila Panchayat. . .1.. Son/Daughter /wife of.. Aged Years, Ad-. dress ....................•.. hereby declare that-

(a) I have not acted as companion of any other member. ,;., (b) I will keep secret the vote recorded by me on behalf of Shri/Smt. /Ku . Place ;-.- ~ Date . 1 l;Serial No. Full name of Panch/Sar- -Address\ panch/Member along with Father's Husband's Name 1 2 3 ,- -~-- - .~--.;--- -..• J, ,. UPSARPANCH, PRESIDENT ... NIRVACHAN NIYAM, 1995 (PR)289 Date . Signature of Presiding Officer Narne , . FORM-V [See sub-rule (7) of Rule 16] Form of election of Up-Sarp,anchIPresidenWice-President of GramlJ anpadlZila Panchayat ................•.••••.•••.• Serial No. Name of Canddate No. of valid votes casted in , " favour of the candidate 1 2 3" SignCl;tureof Presiding Officer. Dated the ~ day of.. :9 . FOR..)I-VI [See R.lle 17] CERTIFICATE OF ELECTION Election to Up-Sarpanch of Gram Panchayat :.. President/Vice-President of Janpad/ZUaPanchayat -- _ I, Presiding Officer hereby cert:.fy that I have under rule i6(7) of Madhya Pradesh Panchayat (Up-Sarpanch, President and Vice- President) Nirvachan Niyam, 1995 declared that- Shri/Ku/Smt Sort/Daughter/Wife of Shr1.~ who was a candidate to the election of the above mentioned office has been duly elected and this certificate of election is hereby granted in token thereof. Place :".'-......... .. ., .: Date ; ~. Signature of Presiding Officer . ; - . .....1;.Name ..•....•....•••....•••••••.! -.. ". FORM-VII [See clause (b) of Rule 18] . _In pursuance of clause (b) of rule 18 of the' Madhya PradeshPanchayai~ (Up-Sarpanch, President and Vice-President) Nirvachan Niyam, 1995, ,I. hereby notify that the person narned in column (1) of the Schedule below ~as been duly elected for theofftce mentioned in column (2) against his • (PR)290 UPSARPANCH, PRESIDENT ... NIRVACHAN NIYAM, 1995 name for the panchayat mentioned in column (3) of the said Schedule, namely:- - Panchayat to which officerelates

(3) . . Signature of Presiding Officer S.No. Name with name of Name of the officeviz., Presi- Father /Husband and Addres,s dent/Vice-President 1 1 32 .- Place . Date . Date .

(1) (2) Place .

SCHEDULE 1 . The word "prescribed authority" subs. by NO.3 [22-9-2007]. 2-- The word "prescribed authority" subs. by NO.3 [22-9-2007). 3 The word ~prescribed authority" subs. by NO.3 [22-9-2007) . 2[CompetentAuthority] District . FORMVIII-B , ._, [See clau~e Jb) of Rule 27] , . . .. ,. ,__ In exercise of the powers conferred by Section 26 of the Madhya Pradesh Panchayat RajAdhiniyam, 1993 '(No.1 of 1994), read with clause

(a)of rule 22 ofMaq.hyaPradesh Panchayat (UP-S¥"panch, President and VicePresident) Nirvachan Niyam, 1995,1.. 3[CompetentAuthority] ................. District, hereby publish the election of President, Vice-President of the Janpad Panchayat, District . Name of person Officeto which elected FORM VIII-A [See clause (a)of Rule 22] In exercise of the powers conferred by Section 19 of the Madhya Pradesh Panchayat RajAdhiniyam, 1993 (No.1 of 1994), read with clause

(a) of rule 22 of Madhya Pradesh Panchayat (Upsarpanch, President and Vice-President) Nirvachan Niyam, 1995, 1.. ; 1[Competent Authority] District, hereby publish the election of Upsarpanch of the Gram Panchayat, Block District . S. No.~ Name with name of Father/Husband and Address --.(1) .. :.----. .(2) -.- ------- _ •• Place . Date . dule. :h ,. OBLIGATORY TAXES '" (CONDITIONS ...) RULES, 1996 (PR)291 1[Competent Authority] District . FORMVIII-C [See clause (c)of Rule 22] In exercise of the powers cjnferred by Section 33 of the Madhya Pradesh Panchayat Raj Adhiniyam. 1993 (No. lof 1994), read with clause

(c) of rule 22 of Madhya Pradesh Panchayat (UP-Sarpanch. President and Vice President) Nirvachan Niyam. 1995. I. 2[Competent Authority] District .. hereby publish the election of President/Vice-President of the Zila Panchayat ~ D1strict. , . S. Name with name of Name of the office viz .. Presi- No. Father /Husband and Address dent/Vice-President 1 2 3 .. ldhya lause t and ,etent I psar- .Dis- Place . .Date . . - .... l . - . --- -- ~." , ,. 3[Competent Authority] District . _. . --------- - --- ldhya :lause ltand IOrity] Presiresi- . J THE MADHYA PRADESH GRAM PANCHAYAT OBLIGATORY TAXES AND FEES (CONDITIONS AND EXCEPTIONS) !lULES, 1996 COl\-TENTS

1. Short title

PART. I GENERAL

2. Definitions

3. Procedure for imposing tax or fee

4. Tax effective from what dat=

PART-II \ PROPERTYTAXONLANDANDBUILDING

5. Rate of tax on buildings V

6. Tax by whom payable '

PART-III

7. Tax for cleaning private latrines 1 The word "prescribed authority" sub3. by NO.3 [22-9.:2007). 2 The word "prescribed authority" subs. by NO.3 [22-9-2007).

3 . The word "prescribed authority" subs. by NO.3 [22-9-2007). -- --oj 00000001 00000002 00000003 00000004 00000005 00000006 00000007 00000008 00000009 00000010 00000011 00000012 00000013 00000014 00000015

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