l 19 GRAM PAN. (POWERS ... OF SECRETARY) RULES, 1999 (PR)605 In APPENDIX ~h S. Class of Class of Disciplinary Kind of Appellate No. F'anchayats Service Authority penalty Authority referred to !(- •• in rule 5 which may be imposed
(1) (2) (3) (4) (5) (6) n 1. ZHa Class III and Chief Execu- Minor General Ad- .
Y P:lllchayat/ IV tive Officer Penalty ministration J3.npad. Committee.
j Panchayat General Ad- Major General body minis tra tion Penalty Committee.
~ 2. Zila Class 11 General Ad- Minor General body l F'anchayatj ministration Penalty ~anpad Committee.
Panchayat
3. Zila Class 11 General body Major Divisional Panchayat Penalty Commis- SiOl'ler
4. Janpad Class I! . General body Major District Col~ Panchayat Penalty lector
5. Gram Class IV Secrdary Minor Gram ?anchayat , Penalty Panchayat General Ad- Major General body ministration Penalty Committee.
Class. III General Ad- Minor General body .
ministration Penalty Committee.
General body Major Sub Division- Penalty alOfficer (Revenue) _-_MADHAYAPARDESH G~ PANCHAYAT (POWERS AND .
FUNCTIONS OF THE SECRETARY) RULES, ~999 CONTENTS
1. Short title and commencement.
2. Definitions.
3. Powers of the Secrelary.
4. Official duties of the Secretary. .i
5. Financial and taxaticnal duties of Seqretary:
6.
7.
8. Repeal.
.'
(PR)606 GRAM. PAN. (POWERS ;.. OFSECRETARyjRULES; 199.9' R.l No. F-1-3-98-XXlI-P~2, dated 22~6-1999, published in-M.P.. Rajpatra (Ext.
Ordy.) dated 22,-6-:1999. p;' 866 '(6).-In exercise' oLthe ;powers. conferred, by sub-sectionJl) .of Section 95 Tead ,with Section 72\ of tl;Ie;Madhya',Pradesh .
Panchayat :Raj Adhiniyam, 1993 (No; 1 of 1994),Ahe State: Government hereby, makes the following rules; the-saine having been previously publish- . ed as reguiredl::>Ysub-section (3) of Sectio? 95 of:the'.~.(1idAct;pcu::i1ely:-'
1. Short, title,andcommencement;:.(1)' These 'rules"may'be called Madhya Pradesh Gram Panchayat (Powers and functions of the Secretary) Rules, 1999 ..", ,_:'~'~.'~ :.::_[~ .
(2) They: shall come into force with effect'frbrri'the da1~of their publication :in the. '~Madhya Pradesh GaZette". . .
2. Defiilitions;-In these rules, unless thecorttext btherivise'requires,
(a) "Acf";means the Madhya Pradesh Panchayat'Raj Adhiiiiyam, 1993 (No.1 of 1994);; . . • .. , " ::. (. ,: ~:..'.. ' .... " '.... .' ,
(b) "Gr~ Panchayat" means a' Gr8;m Panchayat establ~shecl ul).der sub-section' (1) of Section 10 of the Act; . '.' ' .. ' .. ,. .'
(c) "Gram,Sabha" rneans a body constituted 'With:inth~area of Grain Panchayat 'iil' accol'dance with clause (VIII) of Section 2 or clause (a) of Section 129-A, as the case may be; . . .' ".
(d) "Jan:pad Panchayat" means a Janpad Panchayat est'ablished under sub .. section (2) of Section 10 of the Act;
(e) "Secretary" 'means Secretary appofnted 'by'Oovernmentor prescribed authority for the Gram Pan'chayat under section-.69 of the Act;
(f) "Section'"means a Section of the Act; .:.... ':.', '... 'j ;'.,' .: •.........
(g) "Standing Committee'" means $tanding Committee of any. Gram Panch'ayat constituted under the provisions of Section 46 'Of the Act.
i ~.':3.Powers of th'e SecretaIy.-Sa~e as otheiwi~e.exPn~ssiy provided by
6r.undt+tlieAct, the executive powers for the purposes of birr)ring out the pit>ViS'ions6fthe Act or any law for the tirhebeii1g inforce, shall be vested in i.the "S-etretary' under general supervision . 'arid' ..'control of the' dram Panchayat,::wh6'..., . ..': ,., ,",'.'" : '.
. fa} ShaIVexerciseall the powers sped~y:coriierfbd,'\lP(m him'by'.Or uhd~tJJ1e~9t<it~1.!hg~t ..~y~9th~r,law f6,fth~.tiirie~~being 'W6rdi;' '.'.'..~:' ."
j""'" ~r$h~nJay'do\vnth~:dllfiesanci 'stip~ririse;~njd;2ohtr6ithe'~'~~~t'of.
the!'gr8.iiFpan.chayat subject to the g~neral superintendence ..of t.he Gr,arr PanchayaVand in:'.aC('(kdance;\Vith rules','.ma(le'Dyth~ 'State.Government fur;;thi$'pUI1Jose::;~'.<.;; ;:, fi~:' ':',"J. ;vi ~~:T':':;::;";.;,;< .. ' '.: ; ',j' :'.'., ir:. '(e)"Shall held the meeting of Gram Sabha on the in~truction of Sarpanch, Subject to the prq'1-s;ion's.ofS,ec,tion 6 ~d Section 129~B, of the Act and rules made thereunder; .',. . \' . . . "
(d) ~Shall;iconvene;' Grain:.',S:abha':meetihg iu.accordcince ..•.with. the.
n:rpvi~i9P..~':Qt>the :tul~Sj .on .requisition"iof: Grarn"Sabha: :menlbers' or' Zila :Ba,llcl:l.ay~t~:::;~~~paq.~::PClIlchayat,;or:Colleetor>iil. accordance 'with,. the BrRvi~!?fl~:;9,frJ?r?Xl~O~fs;t,lp,sectiQnJllof S.eqtion 6:of the :Act;, ..
,; , ;:(yl.; ~haJl.1i~;;q~,;q.otic~c_1:9',prganize: me~ting.(of 'general; body. of Gram :B~n~h~yat Qf sta,nd;ipg Gomm.itt~e, ~t t;he,pla,ceand; PmeHxeq. by Sarpanch .
o~}(l:1~t~.et:~9~~:~s...~h~;c~'~.e.~ayge~", >: '.'',.'.~" ~', ; .: '., :,' .__ ".' . .
. :-,(n.sh,alJjssuenoti~e.:,a:~"aI1d:when_ required fqr convening the meeting ; '. '. .~ . JI: :. ' ,,-'.\! , ~ • ' •..1 '. ,> .' '.", ' .• , ',~ ,.. - .• ".: • .o(9.~ClJIlP~pp.~yat;, ~I}; aGcordance".W1:h:.tl1e'Rroyi~ions, of. sub-section (6) df ,Section 44. bf the ACt;.:.. .... '.. ..... . .
::.l : ~_: • R.3 . GRAM PAN. (POWERS ... OF SECRETARY) R.ULES, 1999 (PR)607 f
(g) Shall.convene meeting of the Grain Pqnchayat as and when required, in accordance Withthe provisions of cl(luse (t>lof,$ub~section{i,)',of Section 38; sub-section (3)of Section 39 arid sub-section (4) of the SeGtion 44' of the ACt;. .,':'. /" " '.. ,. '..:. '.' '.
~.' (h)Sh~recor4 J;llintites, proceedings 'arld:deciSi~nS of every meeting of GraID Sabha, Grain Panchayat and' itsStanding'Co:rilmittees~ ~c:l' the details of members present thereat, irithe ininutes book;';; ';" ,.'; '..:,,:i;;;:':':
•. (i) Shall .c6rripulsOIily''~ttend.'the ine~tiqg '~(;O}fun~':s£BliJ';;' 'd~arn Panchayat and its Standing Committee;:unless:'prevented by a reasonable, and sufficient cause; " .. , .. ;.. ' ,'., . :.",. .'.i ;'.>,< ;:,' 01~'lay':t~~de~~ormationor':clarification r~gar:diPg;arty;matter .tinder dlsCllssfoIlJ~l the .me~ting of GramSabha~: Gram Panchayat; .
(k) Shall. take action to .implement. the .resql~tions., of ,brain, Sabha.
pram Pallc~aya~ and its ~tan~ing corrimittee~: ....'. ':.'0 • : ~. ., .. ~. . '. :: .:
. " ..:lll'Shali ',fu~sh. th~ r~t~ms!'stateITl~nt~:/r~p'~rt~iestima:t~'~,st~tistic~ or any other information relating t,) administration of Panchayat;
(m)Shall report within three days' from the date of the meeting of Grain Pan(;ha~t ~r:StcmdingCc:munitteeqllsuchcp.s~~..to tJ;1trpre1?~ripedallthority;
~here ti}'his.opibto~~ai1yacLOJ;~~~cu40n'~fany,';ord:et,"Orr"esol~tio#.of.~e Gpun r~ChClya~.or its.S~~Cl1 ~r'p~aifP~i:~oh,;o,f.tH~~~'4fucling~<:>.Il1mi~~eG.
is not U1ac~ordCl.nceWIththe prOVISIOnsof the Act or the rules framed there ~der 'ordirections and instructions issued by the State Government; .. '..
.... (n) Shallplace;'the cases of.transfer or.Iea.s'eof immovable property under the prOViSiOnsof Section 65 of the Act. before the Grarii "PaHdiayat f<?r:its.clec~sion~:.a!:t~rcompletingthe fO.rm:alities.; .................. (.1-) . '(0) Shalltaft<~rmakingthe.byelaws dfGtarn Pahchayat.1ih:pursuant to model byelaws issued by the State' Gdvem!nbi.t; place:it beIore'the Gram Panchayat to adopt it: . .".' ... "." '.\"".>" ,x",,;," :, .' ~~:; '. -' • ;' ,'< -'.. ;'. .'
.' (p)Sh~. ynder the proYJsi9psofSec:ti9n)~6.:aft,er~~:)lppletipg,f9rmalities iri the cases"of Write off un;- recoverable amount::i'or',materhiLof.the Gram Panchayat. place them beforetl,J.~:(j.rciill'p'anGhayatfoi:t'ts.decisionor fOlward . them, with the recommendation. o(theGrain'Panchayat to the prescribed m~thority.f9r,d~c~sion.as the.ca~e'II!ayp'~;.apd., ;\:;:j: ,.~.,.;. .:;:.' .
.__~(q) Shcill.clispose-of the'applicatio~s ....r~~eived;for':the.: inspection of . record and supply ofcopies,uilderthe prbvisi9ns'ofMadhya Pradesh Gram Panchayat (Inspection of R.ecord.and Copies)':Rules, 1995.
Rule 3 provides that executive power of Gram Panchayatshallvest'in the ;PanchayaLSecretqry.who will exercise the executive power; but in these Rules als.oit,is ,npwhere provicied tha~ who Willsue on behalf of the .~~<?p~y~t;~;I;I~~g.!tn:eref<?r.t:;.weare of view that Grajn:Panchayat is a body cofporate,haVirig power to' sue or to be sued. and the Gram Panchayat has . to authoiise"1?omebodyto 'act on its behalf antl withbutthe re"sohitibnby ,'l\lthorisiri!(ahyi:persOfft<Y sue of behalf of the Panchayat, the Sarpanch C;111notsue and:appeal independently. GramPanchayat; BarriroLv."Jagdish .. "'illn!1 R(lwat2008;(~lMPLJ '127:='2008(4) MPHT132 = 2008(2) ,.MPWN 'lO~:pqii.:,..:i'~.,.:~.~,;,:•. " -:.::J':!',"'/;~r;.~.:-:.~ .-.~_;;.~ .~ ~'.7', '1..;';;,:'.::,~.{:.'~~~.~.~~ L f 1 l.
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(PR)608 GRAM PAN. (POWERS ... OF SECRETARY) RULES, 1999 R.4
4. Official duties of the Secretary.-Official duties of the Secretary shall be as follows:.- The Secretary shall,- ,.
(a) Study carefully the act, and rules, byelaws made thereunder departmental orders and instructions and to keep the Gram Panchayat acquainted with;
(b) Maintain subject wise files in the Gram Panchayat office, keep Gram Panchayat officein order arranged and, keep old record of the Gram Panchayat secured after registering them;
(c)Fixworking hours ofPanchayat officewith the consultation ofGrain Panchayat, and to remain present during that period in the officehours;
(d) Keep in order and secure the Gram Panchayat office and its property;
(e) Prepare all registers and records prescribed under the act, and rules and byelaws made thereunder;
Ul Prepare the agenda of the meeting of Gram Sabha and Gram Panchayat or its standing committee with the approval of Sarpanch or Chairperson, as the case may be;
(g)Give information of such Panchas who remained absent in three consecutive meetings, to ChiefExecutiveOfficerofJanpad Panchajat and , -Panchayat and Social Education Organizer; .
(h) Give information of vacant seats/post, with reasons, to chief -Executive Officer-ofJanpad Panchayat and .Panchayat and-Sociat.Educa--.-., ..
tlon Organizer;
(i)Take action to facilitate meeting cbnvened to consider no confidence motion, on the direction of Presiding Officer;.
OJ Send true copy of resolution passed by Gram Panchayat within three days from date of its resolving in the meeting, under the signature of Sarpanch, to the Sub-Divisional Officer (Revenue), Chief Executive OfficerofJanpad Panchayat and Deputy Director of Panchayat;
(k) Inform absence of Sarpanch immediately to the Chief Executive . Officer'of Janpad Panchayat andPanchayat and Social Education Or-.. -gatiizei;----.-.-----.----------.. ----- --''- -- -.--.---- - -, . .. -. ---
(1)Give'correct advice, to Sarpanch, members of the Gram Panchayat and members of Gram Sabha on the basis of the Act and the rules made thereunder and to draw their attention in case of any work, resolution, which is against the provisions ofAct or rules made thereunder;
(m)Advise Sarpanch to constitute standing committee in accordance with the provisions of the Act or rules made thereunder;
(n) Place, letters, orders, received from different level before the Sarpan~h or with the knowledge of Sarpancl'\i,befor~ the Gram Panchayat;
(0) Place, the resolution passed by standing committee in the Gram Panchayat meeting:
(p)Send information, in time as and when asked by, head of officeof District, sub division, block level, and Zila Panchayat, Janpad Panchayat or prescribed authority, as the case may be: .
(q) Place, administration repdrt after preparing'it, in the' Gram Panchayat meeting every year' and shall send it to the prescribed authority, withih specified time;
-L f 1 e '- .t e l, e '.
• n n d R.4 GRM! PAN. (POWERS ... OF SECRETARY) RULES, 1999 (PR)609
(r) Keep account of movable and immovable property of the Grain Panchayat, to get with physically verified immovable properties by the Gram Panchayat everyyear; .. .
(s) Pay attention on the security and maintenance of immovable property, building's, pounds/tanks, gardens, markets mela land, play fields etc. and inform Gram Panchayal from time to time for its repairs; .
(t) Keep account of revenue from movable and immovable property, such as taxes, Grant-in-aid, rent of building and land, pounds and pisiculture, singhara production, orchards and gardens etc.
(u) Remain vigilant to avoid encroachment on immovable property of Gram Panchayat and public places and ensure action as per instructions of Gram Panchayat to check encroachment; .
(v) Proceed further in the direction of execution of the functions of Gram Panchayat as provide in Section 49 and 49-A of the act;
(w) Keep basic information of Gram Panchayat area such"as-
(i) Institutions under subordination of Gram Panchayat such as Balbadi,.Cattle pond, ReadingRoom, etc.
(ii). Other institutions situated in Gram Panchayat area such as Co-operative Instituti.Jn, Hospitals, School, Literacy classes, Anganbadi, registered voluntary institutions, etc.
(iii) State of Literacy in Gram Panchayat area;
(iv) Information regarding beneficiaries of welfare schemes of Central and State Government,. Zila Panchayat,. Janpad Panchayat and Gram Panchayat;
(v) Names, expenditure, and other' particulars relating to work sanctioned under employment generating schemes relief works, M.P.jM.L.A.area development funds etc.
'(aa)Deposit income of Gram.Panchayat in Gram Panchayat fund and maintain its account and take necessary action for expenditure;
(bb) Supervise the arrangements of drinking water, conservancy and street lighting in the Gram Panchayat area; . .
_._..'--(cc)"Organise-national c.eremony,.festiva1s, such as Republic day, Independence day, Gandhi Jayanti etc. under the direction of Gram Panchayat;
(dd)Manage markets, fairs under the Gram Panchayat;
(ee)Perform functions as assigned by Gram Panchayat in relation With the institutions run by Gram Panchayat or under its subordination.
(ft)Shall take action and remove difficulties as per directions of Gram Panchayat in execution of schemes trarisferred to or run under the supervision of Gram Panchaya~ in the Gram ,Panchayat area;
.! . .
(gg) Maintain records. of marriage, birth and death, in the Gram Panchayat area; .
(hh) Prepare annual plan for economicdevelopment and social justice of the Gram Panchayat area and place it before the Gram Panchayat and forward it to the Janpad Panchayat after approval of the Gram Panchayat and the Gram Sabha.
(ii)Prepare Plan of basic public amenities as per recommendation of the Gram Panchayat .and manage,or\cause to manage it;
.i (PR)610 GRAM PAN. (POWERS .oo OF SECRETARY) RULES, 1999. R. 5 un Send the list of beneficiaries of different programme selected with the approval of Gram Sabha to Janpad Panchayat or Zila Panchayat or other organization, as the case.may be; . ,.
(kk) Comply with the instruction of Gram Panchayat for implementation and execution of development schemes and.construction work in the Gram Panchayat area;
(11)Cooperate in the survey conducted by Central Government or State Government or any other connected their with; .
(mm) Keep informatiob. of persons migrating from Gram Panchayat area, in search of employment;
(nn) Actively co-operate with Gram Panchayat and administration in reliefworks and take necessary action for relief to affected persons during - the natural calamities like hail storm, flood, fire, drought, locust attack, thunder strokes etc,;
(00) Maintain daily dairy and obtain signature of Sarpanch on it and submit it to Panchayat and Social Education organizer in the monthly meeting;
(pp) Gontrol over employees working under the general superintl'll dence of Gram Panchayat.
(qq) Cooperate with Sarpanch in discharging his duties, functions assigned under the Act or rules or special orders of the State Government;
(rr) Perform such other functions as assigned under the Act or rules or general or special orders of the State Government; and .
- - -- -. - -(ss) Perform -StIch--btherflinctions as. -assigned-by -general-or--special-._, .----- orders of Gram Panchayat or ChiefExecutive OfficerofJ anpad Panchayat.
.5. Financial and taxational duties ofSecretary,-Financial and taxationa.!duties of the Secretary of Gram Panchayat shall be as under.-
(a)After preparing estimates of revenUe and expenditure for ensuing year of Gram Panchayat. to place it before the meeting of Gram Panchayat for sanction thereof and forward it to the Prescribed authority for its approval;
(b) See that expenditure is incurred as per budget estimates as approved by-prescribed- aufu:ority-and shall keep informed the Sarpanch .- and Gram Panchayat the State of affairs;
(c)Enter income and expenditure in the case book and ledger account daily, in accordance with the proVisionsmade under accounts rules, and shall obtain signature of Sarpanch on each entry of income and expenditure;
(d) Do physical verification of closing balance of the cash book at the end of every month and obtain signature of Sarpanch and record certificate on the cash book under his. signaturt1:
. . I:
(e)Prepare statement of revenue and iexpenditure of previous month up to 5th day of the month and place it in the next meeting of Gram Panchayat;
(0 Aquaint Sarpanch with the account. rules, for the security of the sum of Panchayat fund,. in accordance with the provisions made under.
account rules; - - - - ..- .
(g)Deposit the cash balance of Gram Panchayat in cooperative bank or other nationalised bank without delay;
L GRAM PAN. (POWERS ... OF SECRETARY) RULES, 1999 (PR)611
(h)Prepare annual report of revenue and expenditure in specified time and send it to prescribed authority, with the ';.pprovalof Gram Panchayat;
(i)Take action to asses obligatory and optional taxes as prescribed in sub-section (1) and (2)of Section 77 of the Act;
OJ Take action to givecontract ofactivitiesmentioned in Schedule 3 ofthe -Act, in accordance with the provisions of the rules made for this purpose;
(k) Prepare demand and recovery register of taxes etc. of the Gram Panchayat according to procedure prescribed in the rules made for this purpose;
(1) Recover taxes, fee other dues of Panchayat;
(m) Suggest Sarpanch and Gram Panchayat in respect of enhancing - the sources of income of Gram Panchayat; -
(n)Operate Gram Panchayat fUEdunder Joint signature ofSarpanch, _on authorisation of Gram Panchaya: by a resolution;
(0) Applyfor loans for the implementation of functions, specified, in the Act or rules made there under or by the State Government and shall utilise it for the same purpose for which it is received;
(p) Repay all types of loan upto specified date; _
(q)Call tenders or quotations for the material to be purchased in Gram Panchayat. in accordance with the procedure prescribed under rules made for this purpose and shall place comparative list before committee for its consideration; - - - (r) Shall keep proper- account- of-the -grant"'in-'aid;-received-by -Gram-.- ------ ---- Panchayat;
(s)Send utilisation certificate of differentgrant-in-aids received by the Gram Panchayat in specified intervals and shall apply for next installment;
(t)Make available all records and giveall information to inspecting officer for inspection or'audit of Gram Panchayat, in accordance with the rules; - --(u) Place inspection and audit _report in the meeting of Gram Panchayat; -
(v)Prepare compliance report of inspection and audit note and to send ._----~-it to-the-prescribe9.-authortty=withthe-approval ofGram Panchayatin time; --- ---- -(w)Take action on applications of return. of deposits of earnest money;
(x) Prepare bills of claims dues under Madhya Pradesh Gram Panchayat ~Travellingand other allowance) rules, 1995; _
6. Secretary of the Gram Panchayat shall be administratively responsible to the Chief Executive Officerof Janpad Panchayat. Non compliance - of the valid directions given by Chief Executive Officer shall amount to misconduct in discharge of his duties. _
7. Arty order of the Gram Panchayat shall only be valid, when it is issued under the seat and signature of Sarpail'ch and Secretary.
8. Repeal.-All rules corresponding to these rules inforce immediately before the commencement of these rules are hereby repealed from the date of final publication of these rules in the Madhya Pradesh Gazette:
Provided that cmyaction t~en under the rules so repealed shall be deemed to have been taken under the corresponding provisions of these rules. - 00000001 00000002 00000003 00000004 00000005 00000006 00000007