PAN. RESIGNATION BY OFFICE BK4RER RULES, 1995 (PR)273
6. \Vhen 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 duplicate copy to officer'issuing the notice or document with report endorsed 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 certifying the affiXingof notice or document to his re}1ort. -
7. When sernce is made by post, the st1Mce shall be .deemed to be effected 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. Everynotice which the Act requires or empowers a panchayat to give or to serve either as a public notice or generally or by provisions which 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 Panchayat office during such period or is published in such local newspapers or -in such other manners as Panchayat may in this behalf direct.
9. Nonotice or other document shall be invalid for defect of form.
10.Whenever in any notice or other document served under the Act or the rules, bye laws or orders made thereunder, a period is fixedwithin _which any tax .or other sum is. to be paid or nay other work executed .or . anything proVlaedsuch period'shaJJ in tlie absence ofarifprcrvisiontoHie"'" - . contrary in-the Act or the said rules, bye-laws, or orders thereunder be" calculated from the date of such service or in case of public notice under rule (30 from the date of its publication. - II. When any notice under the Act. or any rule or bye-laws <;>rorder requires any act to be done for which no time is fixed, the notice shall fIX a reasonable time for doing the same. - -
12.Repeal. -Allrules corresponding to these rules in force immediately before the commencem€nt of these rules are hereby repealed .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 CONTENTe PARf-I Preliminary -[
1. Short title.
2.. Definitions.
PART-II Resignation of Panch or Member
3. Manner of giving notice.
4. Acceptance of Resignation. J (PR)274 PAN. RESIGNATION BY OFFICE BEARER RULES, 1995
PART-III " Resignation by SarpanchlUpsarpanch of Gram Panchayat, Presi- ; dentNice President of Janpad and Zila Panchayat
5.
6. Repeal. THE MADHYAPRADESH PANCHAYAT (RESIGNATION BY OFFICE BEARER) RULES, 1995 [Notjh. No. B-]-4]-95-XXII-P-2, dt. 23-12-1995, Pub. in M.P. Reypatra (Ashadharan), dt. 26-12-95, p. 1212(3J].-In exercise of the powers conferred by sub-section (1) of Section 95 read with S~ction 37 of the Madhya Pradesh Panchayat Raj Adhiniy..lli1, 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:- .
PART-I PRELIMINARY
1. Short title.-These rules may be called the Madhya Pradesh Panchayat (Resignation by office bearer) Rules, 1995.
2. Defiilitions.-In these rules, unless the context otherwise requires,- . .
(a) 'Act' means. the Madhya Pradesh Panchayat Raj Adhiniyam. 1993 (No.1 of 1994);
(b)."Chief Executive Officer' means Chief Executive Officer of Janpad or Zila Panchayat, as the case may be;
(c) 'Form' means form appended to these rules;
(d) 'Secretary' means a Secretary of the Gram Panchayat:
(e) 'Section' means a Section of the Act.
PART-II .RESIGNATION OF PANCH OR M~MBEI(
3. Manner of giving notice.-(1) Any member who desires to resign his .office shall give notice, thereof in writing in Form 'A' duly signed by him to the Sarpanch or president as the case may be either in person or through his representative authorised by him in writing in this behalf, a copy of the said notice shall also be sent to "the Secretary or Chief Executive Officer, as the case may be. \
(2) On receiving the notice under sub-rule (1) the Secretary or Chief Executive Officer as the case may be, shall record on the notice the date on which and the time at which the no'Pce was given to him and give a receipt thereof in.Form 'B'.
4. Acceptance of Resignation.-(1) On receipt of the notice under. rule 3, the Secretary or. Chief Executive Officer shall forward such notice immediate. to the District Deputy Director, Panchayat and Social Welfare and the Collector.
(2) The notice of resignation given by the member shall be considered by the Panchayat at its ~ext meeting. Notice of the meeting shall also be L PAN. RESIGNATION BY OFFICE BEARER RULES, 1995 (PR)275 given to the member who has submitted the resignation.
(3)The Panchayat shall in its rrle~ting may as certain from the member concerned whether he desires to ~thdraw his resignation and if the member desires to withdraw his resignation, he shall give in writing to that effect in Form 'C'.
(4) If the menlber concerned furnishes the statement in Form 'C' his resignation shall become infructuous. If the member does not withdraw his resignation, then his resignation shall be accepted by the panchayat.
(5)The member whose resignatic.n has been accepted shall cease to be a member immediately after the termination of the said meeting.
(6) If the member who has submitted his resignation, does not attend the meeting called for considering his resignation after valid service of the notice on him and without sufficient reasons, his resignation shall be deemed to have been accepted after termination of such meeting and he shall cease to be a member of the panchayat. If any member does not attend the meeting due to sufficient reasons his_ resignation shall be considered in the next meeting of the Panchayat.
(7) The Secretary or Chief Exe~utive Officer of the Panchayat, as the case may be shall give intimation to the Collector and to the District Deputy Director Panchayat and Social Welfare about the acceptance of the resignation by the Panchayat. COMMENTARY ..- -- - - - -- '- - -- -----, -,ralidity-of ac~eptanc~-of re~ign~tio~-o;;d~;:~U~de~-S..3-;ith~----...__._ .. _.- resignation could not be accepted without affording him an opportunity to reconsider the decision, the Rules have been framed under Section 37 nam-ely the M.P. Panchayat (Resignation by Office bearers) Rules 1995 and according to its Rules 3 & 4, the resignation could be accepted under sub-rule (4) of Rule 4 only after a :ull and complete compliance with the provisions ofpreceding two sub-rulEs ofRule 4, contemplating consideration thereon by Panchayat at its next meeting under notice to the petitioner. A ba~e pe~u~~!?~.~~~.~~~_~~~~?y.l? !~v~~l_~~_~~th~_re~i~~~i~~ .__--1 has been accepted by-clrcumventJng tlie procedUre prescnEeo Uierefor, . hence non-compliance with the mandatory provisions of sub-rules (2) and (3) is sufficient to hold that the resignation was not validly accepted. Bihari Das v. State of M.P., 2014(1) MPLJ 148 = 2013(4) MPHT 542 = ILR 2013 MP 1069.
PART-III RESIGNATION BY SARPA..~CHlUPSARPANCH OF GRAM PANCHAYAT, PRESIDE~TNICE!PRESIDENT OF JANPAD AND ZILA PANCHAYAT
5. (1) A Sarpanch or Up-SarPqnch of Gram Panchayat. President or, Vice;-President of Janpad and Zila F~an~hayat at may.resign..his.office.by:' giving a notice in Form 'A' in writing to that effect to the prescribed-, authority. Manner of tendering resignation shall be the same as laid down in rule 3. . (PR)276 PAN. RESIGNATION BY OFFICE BEARER RULES, 1995 From . < FORM'N [See sub-rule (l) of rule (3) arid rule (6)] NOTICE
(2)The Prescribed Authority shall make an enquiry to his satisfaction that the resignation tendered by the concerned officebearer is genuine and shall accept}t within thirty days:
Provided that if the prescribed authority does not accept the resignation within thir:y days ofreceipt ofthe notice, the resignation shall become effectiveon the expiry of thirty days from the date of notice.
(3) The Prescribed Authority shall inform the concerned Panchayat, District Deputy Director, Panchayat and Social Welfare and the Collector about acceptance of resignation.
(4)The Of~e bearer may withdraw his resignation by giving a riptice to that effect to the Prescribed"Authority before the resignation becomes effective. . . 6. Repeal.-All previous rules on the subject shall stand repealed from the date of final publication of these rules in the "Madhya Pradesh. Gazette". . .. The Sarpanch/President Gram Panchayat/Jan~d Panchayat/Zila Panchayat Block .- .- ~.Dishict.- ~~ ~ : . •. . --. Prescribed Authority ,/ .. To. i, I ~. ................................. . .I hereby resign from the OfficeofPanch/Up Sarpanch/Sarpanch of the Gram Panchayat/Member/President/Vice President of Janpad/Zila Panchayat of District. Madhya Pradesh .. FORM'B' . [See sub-rule (2) of rule 3] RECEIPTFORNOTICEOF RESIGNATION Noticeofresignation ofShri Panch/Sarpanch/ Up- Sarpanch/Member /President/Vice President/ of Gram/ Janpad/Zila Panchayat. District.. ~.has been delivered to me . on by said! / Shri. ~ /his representative Shrt................................. . Date ...•......... Date . l' Score out the word not applicable Signature. ".! . ~ . Secretary/Chief Executive Officer Gram/Janpad/Zila Panchayat. District . UPSARPANCH, PRESIDENT ... NIRVACHAN NIYAM, 1995 (PR)277 FCRl\1 'C' ; [See sub-rule (5) of nile 4] I, son of Panch/Member of 'Gram/ Janpad/Zila ,Panchayat wardNo./ constituency No ; do hereby stale that I tendered my resignation as a Panch/Member' ofthe'Gram/Janpad/Zila Panchayat but I withdraw my resignation of my own accord. THE MADHYA PRADESH PANCHAYAT (UPSAR- PANCH, PRESIDENI AND VICE PRESIDENT) NIRVACHAN NIYAM, 1995 COKTENTS
CHAPTER I , PRE:'IMINARY . 1. Short title and commencenient~ ;':
2. Definitions. . . ," . -=-..-:...._ .... , .-:---'-:~:-'C_'", . ~'C~'~::..~!~=.'" '"., '-.'::;: ,,=- ==-:;-.= ., .-:' =..:;;.;-._-'.- RESERVATION OF SEATS FOR CHAIR P.E~ON
3. Determination of reserved seats of ChairPerson of Panchayat.
4. Deterininatlon of rese~d seats for Up' Sarpanchas and Vide ~residentsof Janpad and Zila Panchayat.' ' . 5. Assistance in matter of reservation. ' ,CHAPTER III .' ADMINIstRATIVE MACHINERY FOR CONDUcr OF ELECTION
6.. Appointment of electionstaff~ . 7. Control. .', , '---8.---- ""'C -, "-~'7""._. , ;~. -- - -
9. ' Genenu duty ofpresIding officer. . . '.. . . .
CHAPTER IV ELECTION:OF UP-SARPANCH PRESIDENT 'AND VICE-PRE~IDENT
10. Meeting for election. "
11. Meeting to be convended by Compefent authority. ,
12. Notice ofmeet.ipg~ ..," ',. '
13. Place and pre~iding officer of the' meeting~ '
14. Nonlination...' . :15. Electlon to be held by secret ballot.' "
16. Manner of recording vores. coun~g of V9tes and declaration of result. " .,. . .'
17.. Grant of certlflcate of election to the returned candidate . .,18. Record of proceeding. jon I md nalme rat, ~tor lice nes 'om esh, , the ma ar- .' ;Ua me'" lye Date . Signature Panch/Member 00000001 00000002 00000003 00000004 00000005