; R .)..• JANPAD PAN. (MANAGEMENT OF FERRIES) RULES, 1999 (PR)637 MADHYA PRADESH JANPAD P.t\NCHAYAT (MANAGEMENT OF FERRIES) RULES, 1999 CONTENTS
1. Short title
2. Definitions
3. Power to establish, define, discontinue and declare Panchayat ferries.
4. Superintendence of fenies
5. Letting ferry tools by auction
6. Recovery of arrears from the lessee
7. Power to cancel lease
8. Surrender of lease 9TO 27
28. Penalty for breach of provisions as to table of tolls and return of traffic
29. Penalty for taking unauthorised toll and for causing delay
30. Penalty for breach of rules made
31. Cancellation of lease on default or breach of lules
32. Penalties on Passengers Offending-EveryPerson
33. Power to take possession of boats etc., on surrender or cancellation of leas~7--- . .
34. Similar power in cases of emergency
35. Repeal / rorms MADHYA PRADESH JANPAD PANCHAYAT (MANAGEMENT OF FERRIES) RULES, 1999 No. V~ 1-10-98-XXII-P-2,dated 7-7-1999, published in M.P. Rajpatra (Ext. Ordy.) dated 7-7~1999,p. 1036 OO).-InexerciSe of the powers con- ._- ferred by sub-section (1)of Section 95 read with Clause (d)of sub-sect~on
(1) of Section 50 of ilie Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No.I of 1994) the State Government hereby makes the follOwingrules the same having been previously published as required by sub-section (3) of Seeton 95 of the said Act, narnely .
1. Short title.-(l) These Rules nlaybe called the Madhya Pradesh Janpad Panchayat (Management of Ferriesl Rules, 1999.
(2) They shall come into forc.e with effect from the date of their publication in the "Madhya Pradesh Gaiette") I,
2. DefinitioDs.- In these rules, unless the context otherwise requires,
(a)"Act".means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994) .
(b) "Ferry" means and includes a bridge of boats, Pontoos is or rafts, swinging bridge. a flying bridge .and a temporary bridge and t..i-:leapproaches to and landing places of a ferry;
(c) "Panchayat ferries" means the. ferries which are owned by Janpacl. Panchayat. I I I I. I' " , ~ I p ,'I r i I '. I ! I , 1 (PR)638 JANPAD PAN. (MANAGEMENT OF FERRIES) RULES, 1999 R. 3
(d) "Private ferries" means the ferries which are owned by a person or .a body under a licence granted under any Ferry Act.
(e) "Personal ferries" me'ans ferries which are not public or private or Panchayat ferries and are meant exclusively for entertainment purposes and not for carrying passengers and goods;
(f)"Aclass ferry"means ferries ordinarily required for use throughout the years; .
(g) "B class ferries" means ferries used during rains or for .part of a year. . .
3. Power to establish, define, discontinue and declare Panchayat ferries.-(l) The Collector of the District may from time to time,
(a) establish any Janpad Panchayat ferry;
(b)define the limit of any ferry;
(c)change the course of any ferry;
(d)discontinue any ferry which they deem necessary.
(2) Every such establishment, definition, change, or discontinuation shall be made by notification provided that when any alteration in the course or in the limits of a ferry is rendered necessary by changes in the river. such alteration may be made by an order of the Collector of the District in which the, ferry be situate.
4. Superintendence of ferrles.- Subject to the general control of the Janpad Panchayat, the Superintendence of the ferry situated in the JuIisdi~tioI1_9f. such J anpad Panchayat .shall be -vested .in the Chief - -- Executive Officerof the Janpad Panchayat or sl;l~hother officer authorised by the ChiefExecutive OfficerofJanpad Pancnayat, appointed by name or by virtue of his officein this behalf, and such officershall except when the tools of such ferry is leased, make all necessary arrangements for the supply of boats for such ferry, and for the collection of the authorised tolls 'leviable there of.
5. Letting ferry tools by auction.-The tools of any ferry situated in the area and transferred to the J anpad Panchayat may from time to time be let by public auction well in time before the eXpiryof lease or otherwise foc the management and control of the ferry, and may be called upon by the offIcer on whom the superintendence of the ferry is vested to give security for his good conduct and for punctual paYment of the rent. When the tolls are putup to'public auction the Chief Executive Officer of the Janpad Panchayat may for reasons recorded in writing refuse to accept the offer of the highest bidder and may accept any other bid or may cancel the auction. . \
6. Recovery of arrears from the lessee.-All arrears due from the lessee of the' tolls of a J anpad Panchayat ferry on,account ofhis lease may be recovered from him or his surity as if they we~ arrears of land revenue.
7. Power to cancel lease.- The authority empowered to grant a lease . of tolls of any Janpad Panchayat ferry may cancel it on the expiration of one months notice in writing to the lessee of its intention to cancel such .lease. When any lease. is cancelled under this rule, the Janpad Panchayat in which such ferry is situated shall pay to the lessee such compensation as may be determined, with the previous permission of the Collector.
8. Surrender of lease.-The lessee of the tolls of a Janpad Panchayat llIay surrender his lease on the expiration of one months notice in writing . . 1 If e r o y e y R. 10 JANPAD PAN. (MANAGEMENT OF FERRIES) RULES, 1999 (PR)639 to. the Janpad Panchayat which granted the lease of his intention to surren$lersuch lease and on payment to the Chief Executive Officer of the J anpad Panchayat in which such ferry Is situate, of such compensaton as the Janpad Panchayat may approve, in cash. . . '.' .
9. The period for which the right to collect tolls at a ferry is auctioned shallordin8rily be from the first ofJune to the 15th October, except in the caSe of river or stream on which there Is need of a ferry boat or a temporary bridge or of a specially constructed temporary roadways in the bed of the . fiver..during other montlls of the year, in which case the rig4t to collect .t911smaybe leased for the whole year or for such portion of it as may seem to be desirable. Leases may be drawn up at 'a time for not more than three 'successive. years or seasons, as may he decided in each case by the authority granting the lease. 1\.notice specifying the time, place and conditions of auction shall be published widely in the district in which the ferry is situated and if necessary, ill the neighbouring districts. The Chief Executive Officer may, in the case of ferries which he considers to be important, display such' notice in the Notice Board of the office and in the office of the Collector and .publish in a local Newspaper. . 10. A copy in "Hindi" of the form of bidsheet which shall be in Form "A~the form of lease which shan be in Form "B"Schedule of tolls fixed by the Janpad Panchayat and a list of exemptions from payment of tolls . . allowed shall be made available for inspection at the place before the .: ..-.:.'.-;.:commencement:of ~ucUon ..If "B" ~lass {erries- are permitted tQ_'Qe:'JJs~d:...~~._:._.~_.. ; . after the 15 October the J anpad Panchayat may extend the period durtrig - . which tolls may be collected, and in sti.c~,a case the amount payable by . the lessee shall be enhanced in such proportion as the period of extension bears to the terms of the lease . . ..._ 11. (a)When an "A"class ferry is leased for one year only, the rent shall .be 25 per cent. of the total bid, payable within fourteen days of the date of acceptance of the bid by competent authority and the remaining five installment shall be i5 per cent. each of the bid, payable on 1st August, 1st December, 1st February & 1st April. ,. -.'-,..--~- (b)'When -an'"A~-class Jerry is leased for -twoyears-;-t:l1e-total-rent-shall----...-. be payable in twelve instalments. The first instalment shall be 17.5 per cent. of the total bid, payable within fourteen days of the date of acceptance ()fthe. bid by competent authority. . . . ".. The remaining eleven instalments shall be 7.5 per, cent, each of the bid, payable on the- 1st August and there after on the 1st of each .~alternative months until the instalments are completed.
(c) The instalment of the rents payable on ferries leased for periods longer than two years shall be calculated ill a manner similar to the above.
(d) When a "B" class ferry is leased fof one year, total rent shall be .payable in four instalments~ The frrst instcilment shall be 40 per cent. of the bid, payable within fourteen days of the date of acceptance of the bid .by competent authority and the remainitlg three instalments shall be. 20 per cent .. each of the bid payable on 1st July, 1st August and 1st September. '.
(e)When a "B" class ferry is leased for more than one year, the total 'bid shall be divided by Ill(' number. of years of the period of the lease. The rent thus determined for each year :shall be payal)k ill instalments (PR)640 JANPAD PAN. (MliNAGEMENT OF FERRIES) RULES, 1999 R. 12 calculated as above and the first instalment for the first year shall be payable within fourteen days of the date of acceptance of the bid by competent authority and the firs,t instalment for the succeeding year shall be payable on the 1st May.
12. The lessee shall ordinarily have the right to demand payment only for the use of the ferry boat or temporary bridge. No charge shall, in any case, be made for the use of an ordinary road leading in the direction of the river. It is only where a special road has been made or is nlaintained by a lessee for descent into, or ascent from, the river bed or within the bed of the river, that the roadway is to be deemed part of the ferry and charges may be made for the use ofit as such. The Janpad Panchayat shall decide at which ferries, if any, such special roads have been made or are maintained by the lessee.
13. (a)The Chief Executive Officer shall, at least one week prior to the commencement of the period for which the right to collect tolls has been auctioned, or in the case of ferries on which tolls are collected throughout the year. on the date on which the right accrues, make over to the lessee, in a safe and trustworthy condition, the boat of boats and where there is a temporary bridge all materials other than earth, monum, sand and brush-wood normally required for the construction of the temporary bridge and ter.i.1poraryroad upto the bridge, for the working of the ferry. If the lessee desires to use, in addition to the boat or boats made over to him a boat or boats belonging to him. he shall obtain previous permission of the J anpad Panchayat; before bringing his boat or boats into use. -- - _..Note-A receipt-shall be obtained fromihe J.essee, showing the descrip"" _ tion and quantity of the materials supplied to him which he shall be required to return on the expiry ofhis leaves. This receipt shall be recorded carefully inJanpad Panchayat Office and may be retumed to the lessee after he has returned the materials . . (b)The lessee shall, at his own cost
(i) construct the temporary bridge and such temporary roadway upto the biidge as may be necessary before such date as may be fixed by the J anp3.d Panchayat;
(ti) maintain, in good condition, the bridge, the roadway and the - -tioats -maae- over -to him;
(iii) remove all silt which is deposited in the approache~; and
(iv) dismantle the temporary bridge and store the Janpad PaI'lchayat materials there of at a safe place above high flood level in good time before the commencement of the mansoon.
(c) The opinion of the Chief Executive Officer or some other offiCer nominated by the Chief Executive Offic~rregarding the s'atisfactory nature or otherwise of such construction or maintenance shall be final. If the lessee fails to construct or maJhtain such works or at any time fails to remedy within a reasonable period any defect brought to his notice in writing"by tire Chief Executive Officer or some other officer nominated by the Chief Executive Officer, tire latter shall be entitled to constru~t or - maintain sllch works or to remedy the defects in them, as the case may be. and the cost incurred in so doing shall be recovered from the lessee.
(d) In the event of any damage to a boat or bridge or of the loss of a .:. part or the whole of either, the lessee shall report the Fact to the authority from whom he holds the lease and to .the officer in charge of the nearest I { .\ I '. R.21 JANPAD PAN. (MANAGEMENT OF FERRIES) RULES, 1999 (PR)641 _police station. He shall make good such loss or damage for which he is responsible, but not,.loss or damage as is caused by unusual or abnormal floods, provided that he has taken all reasonable precautions to prevent such loss or damage and to save and solve damaged materials, during and after the floods within such period as may be decided by the Chief Executive Officer. In the -event (if there being a difference of opinion as to the tact or extent of liability of the lessee to make good the loss or damage, the decision of the Collector of the District shall, be final.
(e)On the expiry of the lease, the lessee shall return in good condition the boat or boats, the matericils issued to him for the construction of tire bridge and the metal plate or plates referred to, in Rule 23.
14. The Chief Executive Officer shall, before the date on which the right to collect tolls accrues select and demarcate a suitable plot of land, ordinarily not more than one hundred yards away from the ferry awl permit the lessee to use it free of rent for the construction at his own cost the temporary structures for the management of the ferry and to shelter the ferrymen, employed by him. On the termination of the lease the lessee shall dismantle the structures and remove the materials.
15. The Chief Executive Officer may permit the lessee to provide on. his own account a boat or boats. If this is allowed, the lessee shall, through out the term of the lease, maintain the boat or boats in a safe and trustworthy condition and shall immediately, on receipt of notice to that effect from the Chief Executive' Officer, discontinue the use of any boat :,---'~pronounced-unfit for use-and-shall-substitute for it a boat-whichis ..fit.for'.'~" .•....~-- - use.
16. On the broadside of every ferryboat there shall be marked by the authority indirect control of the ferry a thick like of red paint the top of which shall represent tire line of safe immersion. The position of the line shall be. determined after' trial and before the boat is used for ferry purposes. The lessee shall not allow any boat when plying to be immersed beyond the limit so marked as safe.
17. The lessee shall keep present, such number of ferrymen as maybe ____ ]eR.uiI,~_e.~Lto_work.on fer:ryboatbut. the ferry _shall.not be_WQI:'ke_(Lwh~Dj:b~ . . _ crossing is dangerous owing to floods or between sunset and sunrise.
18. The lessee shall report at once to the ,officer-in-charge of the nearest police station any Accident, occurring within the limits of the ferry, by which death or injury amounting to grievous hurt is caused.
19. The lessee shall not permit person, who is known or reasonably suspected to be air escaped convict or proclaimed offender to cross the ferry a,nd he shall report at once to tire offi~er-in-charge of the nearest police station the arrival at the ferry of any such person.
20. Th~ lessee shall, for effecti~g each crossing, employ such minimum niiffiber-of ferrymen for the safe and proper working of ~~~rl'lkfls ~' may be fixed by the Chief Executive Officer. '1' 21. The lessee shall not permit any personofless than 18years of ap;e ,~ o-r any person who is not a competent ferrymen to take any part ill the ~'" _..managemen~ of a ferry and shall on receipt of an Intimation from the Chief , ~ Executive Officer at once remove any boatman or servant employed in ~ "working the ferry whom the Chief Executive Officer declare to be unfit to :::E;ll't as such. ' ., -. , '1 :I I ;, j I. i d. I, : , 1 I .1 (I !_' .• I . I : 1,' I j, I I Ii I, (PR)642 JANPAD PAN. (MANAGEMENT OF FERRIES) RULES, 1.999 R. 22
22. The lessee shall cause carts carrying the mails an the drives of such carts and dak-runners to be conveyed across the ferry with least possible delay.
23. The table of tolls written in Hindi shall be &na metal plate and be exhibited at each end of the ferry and shall be kept in some conspicuous place near the feny.
24. Printed receipt books shall be supplied by the Chief Executive Officeron payment, to the lessees whose lease exceedRs. 2,500/- (Rupees two thousand fivehundred) in value. Such lessees shall give, or cause to be given, receipt from the printed receipt book, to persons using the feny for all sums received from them in payment of-tolls.
25. No ferryman or a servant of the lessee, rendering assistance in conveying ~ods of vehicles on to or off, a feny boat or in loading or unloading gtJoctsshall demand any fee for such services. Any person contravening this rule, shall be liable to be declared unfit for employment, without pn~jl1dice.to any punishment to which he may be liable. If, however. owning to shallowwater the ferry boat lies at a distance from the bank and carts have to be assisted on to or from the boat for want of a suitable platform the ferryman or the servant of the lessee may charge for the assistance so rendered a service fee not exceeding the rate as may be determined by the Janpad Panchayat.
26. No remission of the contract price of the feny rights shall be claimable under any circumstances whatsoever. It shall be the duty of the lessee to keep the ferry open for traffic under all reasonable conditions, _.. _ _ __exsept .as provJd~cl.Jn-~I~20~.. . __...... . __.' .
27. An agreement, purporting to transfer or sub-lease .the right conferred by a ferry lease, shall not be valid. /
28. Penalty for breach of provisions as to table of tolls and return of traffic.-Every lessee or other person authorised to collect the tolls of a public or private ferry,
(i) who neglects to affixand keep in good order or repair the table of tolls mentioned in rule 26; or
(ii) who Wilfullyremoves, alters or defaces such table. or allows it to pecome illegible;or . -- _. .. --- .. (iii) w~o fails-to produce on-demand 'the list"of the tolls; ana
(iv) eVerylessee who neglects to furnish any return required under rule 21; ':, .shallbe punished with finewhich may extend to twoHundred fiftyrupees.
29. Penalty for taking unauthorised toll and for causing delay.- Every such lessee or other person aforeSaid.or any person in possession of a private feny asking or taking more than t1Hi lawful toll. or without due cause delaying any person, animal. vehicle, or other thing, shal! be punished by the Chief Ferries Officerwith fin~which may extend to Two . hun~red fiftyrupees. '
30. Penalty for breach of rules made~-Everyperson acting in 'contravention of these rules shall be published with a finewhich may extend to Twohundred fiftyrupees.
31. Cancellation o~lease on default or breach of rules.-When any' lessee of the tolls'of feny makes default in the payment of rent payable in respect of such tolls. or has been punished of an offence under rule 28, " "~ R. 35 JANPAD PAlV. (MANAGEMEHT OFFERRIES) RULES, 1999 (PR)643 29, 30 of having been published, of an offence under Rule 28, 29, 30 is again punished of an offence ;'..1ndereither of those rules, the Janpad Panchayat may cancel the lease of the toils of such ferry, and ,plake other arrangements for its operation during the whole or any part of the term for which the tolls were let. ()
32. Penalties on Passengers Offending-Every Person.-(i) crossing by any public or private ferry, or using the approach to, or landing place thereof, and refuses to pay the proper toll, or '
(ii) who, with intent to avoid payment of such toll fraudulently or forcibily crosses by any such ferry without paying the toll; or .
(iii) who, obstruct any toll-collector or lessees of a public ferry or any of his assistants, in any way in execution of their duty under these rules, or (i\') who, after being warned by any such toll-collector, lessee of assistant not' to do so, goes or takes any animals, vehicles or other things into any ferry boat, or upon any bridge, at such a ferry, which is in such a State or so loaded as to endanger human life or property: or
(v) who refuses or neglects to leave, or remove any animals, vehicles or goods from any such ferry boat or bridge, on being requested by such toll- collector, lessee or assistant to do so; sha]fbe puriished wilh fine which may-extena toTwb hfriiai~d-rifly'riI-p-ee~'------- ... -
33. Power to take possession of boats etc., on surrender or cancellation of lease. -When the lease of the tolls of any ferry is surrendered or cancelled, the Chief Executive Officer ofJanpad Panchayat concerned may take posseession of all boats and their equipment, and all other material and appliances, used by the lessee for the purposes of such ferry and use the same, paying such compensation for the use thereof as the Janpad Panchayat may in each case direct, until such Officer can conveniently procure proper substitutes thereof., , ---.---.-- 34~ Similar -poweriIrcases-of-emergency~-Whe:re- any ooais'or their --'.- equipment, or any lnaterials or appliances suitable for setting up a ferry, are emergently required for facilitating the Transport of Officers o~troops of Government on duty, or of any o.her persons on the busine~sof the Government, or of any animals, ve _ides ba~~age belonging to such officers, t.roops of persons, or of any property of the Government, the District Collector concerned may take possession of and use the same paying such compensation for the use thereof as the Government may in each case direct until such transport is completed. ,
35. Repeal.-As soon as th~se rules come int'b"lQ'fce;al1similar'rules in force in the State dealing with the F~rries' transferred to Janpad Panchayats shall stand repealed : but. all determinations, orders engage- ' ments entered into and securities taken, under the similar rules,in force, in ~e State shah be -aeemed to be respectively made, entered into and taken under, these rules, so far as they are not inconsistent with the proVisions of these rules. - - . . . j 1 i : : i i i I . I I I i: 11 I I t ! (PR)644 JANPAD PAN. (MANAGEMENT OF FERRIES) RULES, 1999 Forms FORM-'A' (See Rule 10) Janpad Panchayat . Bid-sheet for the auction of the right to collect tolls at ferries and tolls bridges - A copy in Hindi of this sheet and of the prescribed from of agree'ment applicable to the contract shall be available for inspection at the place of auction and their contents shall be fully explained to the bidders. Particulars of the property to be sold by auction . Designation of the officer holding the auction . CONDITIONSOF SALE
1. No person shall be allowed to bid unless he has deposited with the Chief Executive Officer of the Janpad Panchayat a sum of Rs. ................ (in words) in cash.
2. No person shall be allowed to bid unless he produces a solvency. certificate from a Tahsildar or from a Revenue Sub-Divisional Officer, as the case may be, for nol !(:ss than Rs (in words) .
3. No contractor from whom dues on account of any Pahchayat lease are in arrears shall be permitted to bid.
4. The officer holding the auction will fix the amount at which the auction will start and the minimum amount by each successive bid will . _,advance. "'-'c..'.:-,,-c. '. .'.' • , __,
5. The officer holding the auction may close the auction at any bid.
6. Mter the bid is closed all bidders who have taken par~ in the auction or such of them as may be required by the officer holding the auction shan sign or make their thumb marks on the memorandum at the foot of the list of bid hereafter given. . - 7 The competent authority shall not be bound to accept the highest or any bid and may refuse any bid without assigning any reason therefor. Any bid-accepted by the competent authority shall be binding on the bidder.-
8. The person whose bid is ~cc~pt~Q.13.!lC!!t _ex~cute a deed of lease in the presciioed foriii Within' Hie- time fixed by the competent authority. He shall also within seven days. of the intimation to him of the acceptance of his bid, deposit in cash with the a sum of Rs. . . .. . inclusive of the sum of Rs deposited by him towards ten percent of his bid, as security for the due performance (it the convenants in the deed 01" lease to be executed by him If the person fails to make the deposit or fails to execute. the deed of lease as aforesaid Within the time specified or fixed, as the case may be, the competent authority may forfeit his right to obtain me lease and thereupon the tolls. may, inithe discretion of the Janpad Panchayat, be collected departmently or th~ right to-collect the tolls resold by auction and the defaulter shall be liable to pay any loss which may be sustained by the Janpad Panchayat by reason of such departmental collector or resale. The amourit of the loss shall be recoverable as an arrear of land revenue.
9. No auction shall be completed until the competent authority has' passed an order accepting the bid and no person shall be entitled to collect tolls until the deed of lease in the prescribed from as mentioned in . condition 8 has been executed. I : Fonus JANPAD PAN. (MANAGEMENT OF FERRIES) RULES, 1999 (PR)645 lO.The lease shall be governed by the rules in force regarding the levy of tolls,' maintenance of the toll houses, etc., made by the Janpad Panchayat from time to time. lll. The lease shall be subject to the condition that no toll shall be demanded from the persons who are or may be exempted from the paYment of the toll by the Janpad Panchayat:
12.The amount of security shall be returned on the termination of the lease and after all claims of Government and Panchayat in respect of the lease have been fully settled The sum deposited under condition Iby the bidder whose bid is not accepted shall be returned -to him after the acceptance of the bid under condition 9.
13. The competent authority under these conditions is Janpad Panchayat. . List .:>fBidders Memorandum We beirig the persons who have made the .bids as shown against our names in the aforesaid list, have understood the conditions of this bid sheet and the agreement applicable. to the contract which have been explained to us and we agree that each of its is liable to be held to his _____,~_,I~$P~~tiv~.bid if it is aCG.~Rtec!_1>y..th~_cQ!!1P_eJ~p_ta1,1t1].Qrtty_._ Name of the bidder
1.
2.
3.
4.
5.
6. - .. --- ..7-:- --- :--'- ".''''_.. ::.':'--'=".. ':;~ .~ ,~;.:;-.-:--_:--.. -.. -,.,. :', - .. _.
8. . -- ---
9. Amount of the bid , .J - - - _. - - - .---_ .. _--_ .. -,-- _._--._----_ .. --.- Narne in full and address Date ~ . Signature or thumb marks Signature or thumb mark of bidders Signature of Officer holding the auction. I accept the bid of Rs ..........•....... ;.. (inwords made by .~~.~ eo •...• • . . - - - - Date, . ....... .., " . Signature of Competent Authority (PR)646 JANPAD PAN. (MANAGEMENT OF FERRIES) RULES, 1999. Forms Form-'B' Whereas in accordance With the provisions of' die Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. I of 1994) and the Madhya Pradesh Janpad Panchayat (Management of ferries) Rules, 1999. which shall be deemed, so far as applicable, to be a part of this lease, a least of tolls for (tic, aforesaid ferry has been granted to me by name son of resident of for a term of from the to the- ............ in consideration of the rent hereinafter reserved and subject to the conditions hereinafter mentioned, I hereby agree with the Janpad Panchayat, as represented by the Chief Executive Officer, Janpad Panchayat as follows
(l) I have deposited a sum of being 10 Peroent of the total amount of rent payable by me for this lease to be held in deposit by way of security for the due performance of the contract to be repaid to me at the termination of the lease and after all claims of the J anpad Panchayat I in thereof hall have been finally settled. Any instalment of rant falling due I or any sum of money for the payment of which I may become liable under the said rules or under this lease may be deducted from the said deposit, and when any, such deduction is made, I shall, within ten days of receipt - - ..of notice thereof make good the deficiency' so"that the amOtirit depositt~d'-" _.-- ._. with the Janpad Panchayat as security shall continue to it Rs .
(2) The total amount of rent payable by me shall be Rs and shall be payable in instalments and on dates as given below, namely :- - I j (See Rule 19) Form of lease for a public ferry District . Situation of feny .. . River I' . ; No. 'of Installments
(1) Amount of each Instalment
(2) Rs. Date on which payable
(3) -\' I I! , I, , i . i i : I :n.-,: ,I
(3)Tolls shall be leviable by me according to the rates for the time being fixed by the J anpad Panchayat on all persons, animals, vehicles and other things crossing the river by the said ferlY other than those exempted by or under the rules.
(4) The lease shall be subject to the co:n,dition that failure to pay any instalment on the date of breach or nonobservance of the provisions of the rules or of the conditions of this lease shall render the lease liable in the discretion of the Chief Executive Officer to/ be resumed and worked departmentally, or resold for the unexpired portion ofthis lease, and I shall 'be liable to pay any loss that may be sustained by the Janpad Panchayat by reason of such resumption and departmental working or resale. (5J If any instalment of rent is not paid on the due date, whether the same be demanded or not, I shall be liable to pay interest at the rate of teri' percent per annum at the discretion of Janpad Panchayat 'Onsuch instal~ ment [rom the date of default provided that three days of grace for the r Forms JANPAD PAN. (MANAGEMENT OF FERRIES) RULES, 1999 (PR)647 payment of the instalment shall be allowed. 1 Should an extension of the period beyond the 30th September be sanctioned I shall be liable to pay an enhanced rent in such proportion to the period 6f extension.
(6) As security for the aforesaid rent together with interest accruing thereon and other sums of money for the payment of which may become liable under the said rules or under the conditions of this lease, I hereby mortgage to the lessor without possession my landed property particularly described below. I declare that the aforesaid mortgaged landed property is free from encumbrance of any kind. However, If for any reason, litigation ensues concerning the property or any part thereof and the lessor suffers any loss thereby, I convenant with the lessor that I shall not only be liable and make good the loss, but shall also render all help necessary in regard to the safeguarding of the landed property mortgaged. If my declaration that the property is free from encumbrance is found to be untrue or wrong I may be held guilty under the law. I further convenant that I shall not alienate the aforesaid mortgaged property or any part thereof either by way of sale, gift, subsequent mortgage or otherwise till the payment of the aforesaid rent and sums of money. If the mortgaged property or any part thereof becomes. subject to attachment or forced sale or if the rent or revenue thereon or any part thereof remains in arrears or if the property of any part thereof is declared by the lessor to be in danger of serious deterioration in value or passes away out ofmy possession through death, alienation or otherwise the lessor shall have the right to recover all amounts due from me by bringing to sale according to law, the aforesaid - - .- c .- -mortgaged .property-.and -should there.be a-deficit. I hereby agree.to .make .._.---.--.- . good such deficit -with interest thereon personally or from my other property. / Description of the landed property mortgaged
(i)Bhumiswami land .
(a) Name of the Village with Settlement No .
(b)Tahsil .
(c) District ; .
(d) Survey No./Plot No . --- .------ --_._--- ----- ----- -------_._-- - ..- -------_._---_._-~. ._- - - . -------------- ----
(e)Area .
(f) Area under cultivation .
(g)Land revenue payable to Government . (This should be scored out-when the case is of an 'A' class ferry) Notes.-(1) When mortgage of land is taken as security under this clause, the lease must. compulsorily be stamped cind registered under section 17(3) of the Indian Registration Act, 1908.
(2) This clause should be scored out when the lessee furnishes personal security under clause (7) below..i w . . V
(7) I (surety) son of ~ resident of do hereby guarantee the punctual payment of the instalments of rent for this lease and of any sums. of money for the payment of which the aforesaid lessee may become liable under the said rules under the conditions of this lease. and. I also hereby undertake -to be responsible to the Janpad Panchayat as surety for the said lessee for the payment by him of the-said 1 This will be excluded if the case of ferry is of 'A' category. (PR)648 PAN. (WOMEN & CHILD DEV .... RECRUIT.) RULES, 1999 rent and sums ofmoney..
(8) It is agreed that any money payable under this lease may be .. recovered from the lessee or the surety as if it were arrear of land revenue.
(9) It is further agreed that any dispute arising as regard as the interpretation of this lease or the extent of the liability of the lessee or the surety hereunder shall be decided by the Janpad Panchayat whose. decision shall be final. Witness . ,; J . i i I I (1) . ,(2) . Signature of surety Date . - ............................... Signature of the Lessee Date . Signature of Chief Executive Officer. Date . ! " , I' I MADHYAPRADESHPANCHAYAT(WOMEN AND ,CHILD DEVELOPMENT'SE!!VICE._ ~.,' ... ,', _ RECRUITMENT) RULES, 199!l--- CONTENTS
1. Short title
2. -Application
3. Definitions
4. Constitution of the service
5. Staffing Pattern in the Panchayat Service
6. Classification, Scale.of Pay etc.._
7. Methods of recruitment
8. Reservation of posts in recruitment
9. Conditions of eligibilityfor direct recruitment.
10. Disqualifications for appointment to Panchayat Service
11. Relaxation in qualification, experience etc.
12. Selection Committee
13. Direct Recruitment by written tf~stor by interview or by both
14. InvitingApplication for Direct Requitment
15. Selection Committee DecisionAbdut the Eligibility of Candidate shall be final
16. Disqualification for appointment
17. Appointment to service
18. Physical fitness certificate and production of evidence as to good character
19. Appointment by promotion
20. Eligibilityfor Promotion II 1 I 00000001 00000002 00000003 00000004 00000005 00000006 00000007 00000008 00000009 00000010 00000011 00000012