r METHOD OF SERVICE ... & DOCUMENT RULES, 1995 (PR)271
2. Witness . Signature . FORM-III (See Rule 11) •• Name of person indigent 1 Amount of loan sanctioned 2 Purpose for which the loan is sanctioned 3 Date and resolution No. by which the loan was sanctioned 4 The date on which No. of instal- Due date of Amount of the amount was ments fixed br first instalment each insta1- disbursed to in- the repayment ment digent person of loan
5. 6 7 8 - :-::Date.of-_. ~ repayment -:-:....Pa1;ticularsof, repayment principal amount interest instalment ,Date-&'No:~--Amount.,-.,:Remar-ks7-"-:-~~-.::.:----- of receipt due issued 9 10 11 12. 13 THE-MADHYA PRADESH PANCHAYAT (METHOD OF SERVICE OF NOTICE AND DOCUMENT) RULES, 1995 [Notjh. No. B-1-38-9S-XXII-P-2. dt. 14-11-1995; Pub. in M.P. Rqjpatra (Ashadharan), dt. 15-11-95, p. 11C'O(1)].-Inexercise of the powers conferred by sub-section (1)ofSection 96 read Mth Section 119 of the Madhya Pradesh Panchayat RajAdhiniyam..1993 (No.1 of 1994), the State Government hereby makes the followingrules, '.the ~ame having been previously published as required by sub-section (3) of Section 95 of the said Act, namely:-
1. Short title.-These rules may be called Madhya Pradesh Panchayat (Method of Service of Notice and Do~ument)Rules, 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); . (PR)272 ME':'HOD OF SERVICE ... & DOCUMENT RULES. 19[;':';
(b) 'Section' means the Section of the Act.
3. Save aE otheIWise provided in the Act the service of any notice 0' other docume:lt under the Act or under nay rule, bye-law or order made thereunder on any person to whom it is by name address shall be effected-'
(a)by givingor tendering the said notice or document to such person; or
(b)if such person is not found, by givingor tendering the same to some adult member or servant of his family;or
(c)by sending the same by post under certificate of posting; or
(d)if such person does not resides in the jurisdiction ofPanchayat and his address e~sewhereis known to the officerdirecting the issue of such notice or document by sending the same to him by registered post of acknowledg~nt: '
Provided that if officer directing the issue of such notice or document is satisfied that the addressee is evading the notice or document and the notice or doc ment cannot be served by the methods mentioned as above, the said officer shall cause such notice or document to be served by affixinga copy thereof upon some conspicuous part ofthe last known place of residence (.r business of the person concemed and service shall be a:~~ effectual as if it had been made on the addresses personally. COMMENTARY
1. Removal of Panchayat Karmi, not proper.-Where. the .Pancnayat Karmi was- not served 'with theshbw calise -notice -as cort:,------ - templated under Rule 3, his removal/is in violation of principles of naturaljustke and is unconstitutional. Narayan Singh v. State of M.P.: 2003 (3) MPLJ 5.39=2004 (1) MPHT 77.
2. Mode.-Service of notice of meeting for considering motion of nno-confidence against Sarpanch orUp- 8arpanch. See comments under
8.21. Bhulin Dewangan v. State of M.P., 2000 (4) MPHT mh=2000 (2) JLJ 253 (FE). 4: When any notice or other document has to be served upon any owner or occupier ofany building or land it shall not be necessary to name the owner 0::- occupier therein, and the service thereof, in cases not .otherwise specifically'provided for in the Act it shall be effected either-
(a) by giving or tendering the notice or document to the owner or occupier or i:-there be more owners or 'occupiers than one to anyone or them; or
(b)if no Euch owner .or occupier be fo¥nd, then by givingor tendering the notice or Qocument to some adult member or servant of the family; or
(c) if none of the means aforesaid be available then by causing the notice or do~ument to be affixed upon some conspicuous part of the building or land to which the same relates.
5. When a notice or document is givenor tendered to the addressee by a Panchayat employee. he shall obtain the acknowledgment of the same on duplicate copy and submit to the issuing officer. ~ or. ade ed:.. on; md lch t of .ent the )ve, by ace : as the ..on~ i of .P., lof der
(2) my me not . or ~or mg ; or the the :by me PAN. RESIGNATION BY OFFICE BEARER RULES, 1995 (PR)273
6. When the notice or document is served by affixing a copy thereof in accordance With the proviso of rule 3 or clause (c) of ruJe 4 the employee. serVing it shall return the duplicc.te copy to 6fficer -issuing the notice or document with report endorse thereon or annexed thereto. The said employee shall also obtain the signature of two witness identifying th~ addressees residence or place of busi.ness and c~rtifying the affixing of notice or document to Ws reI'ort. .
7. When service is made by I=ost, the stfrv1ceshall be .deemed to be etlected by properly addressing, prepaying and posting the notice' or document and unless the contrary is proved, the service shall be deemed to have been effected at the time at which the notice or document. would be delivered in the course by post.
8. Every notice which the Act requires Drempowers a panchayat to give or to serve either as a public notice or generally or by provisions wWch do not expressly require notice to be given to individuals therein specified, shall be deemed to have been sufficiently given or served if a copy thereof is put up in notice board of Pan.~hayat office during such period or is published in such local newspapers orin such other manners as Panchayat may in this behalf direct.
9. No notice or other document -shall be invalid for defect of form.
10. Whenever in any notice Drother document served under the Act or the rules, bye laws or orders made thereunder, a period is fiXedwitWn which any tax or other sum is to be paid or nay other work executed or _anytWng provided such period shall in th~ absence of any provision to the ._ _. _ . - contrary irfthe Act qr the' said iiiles~-bye~la;ws,'or orders thereunder he -=~co.- _ calculated from the' date of such service or in case of public notice 'under rUle (30 from the date of its publication.
11.When any notice under the Act, or any rule or bye-laws or order requires any act to be done for which no time is fixed, the notice shall fIx . a reasonable til'ne for Qoing the sa--ne. .
12.Repeal.-All rules corresponding to these rules in force immediately before the commencem€nt of these rules are hereby repealed. -- .------ ._---" THE MADHYA PRADESH PANCHAYAT (RESIGNA- TION BY OFFICE BEARER) RULES, 1995 CONTENTS
PART-I.; Preliminary
1. Short title ..
2.' Definitions.
PART-II Resignation of Panch or Member
3. Manner of giving notice.
4. Acceptance of Resignation. 00000001 00000002 00000003