MADHYA PRADESH PANCHAYAT RAJ AVAM GRAM SWARAJ ADHINIYAM, 1993
(1) This Act may be called the Madhya Pradesh 1[Panchayat Raj Avam Gram Swaraj] Adhiniyam, 1993.
(2) It extends to the whole of Madhya Pradesh :
2[Provided that it extends to the Scheduled Areas subject to the exceptions and modifications as are provided in Chapter XIV-A.]
(3) It shall come into force at once.
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1. Substituted by M.P. Act No. 3 of 2001 (w.e.f. 26-1-2001).
2. Inserted by M.P. Act No. 43 of 1997 (w.e.f. 5-12-1997).
In this Act, unless the context otherwise requires,-
(i) "Block" means such area in a district as the Governor may specify to be a block under sub-section (2) of Section 10;
1[(i-a) "Committee of Gram Sabha" means standing committee, ad hoc committee or any other committee of members of Gram Sabha;]
(ii) "Co-operative Society" shall have the same meaning as assigned to it in the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961);
1[(ii-a) "Development Commissioner" shall gave the same meaning as assigned to it in clause (h) of Section 2 of the Special Economic Zones Act, 2005 (28 of 2005);
2[(iii) "District" means a district notified by the State Government to be a district for the purposes
The Governor shall, by public notification, specify a village or group of villages to be a village for the purpose of this Act.
For every village specified under Section 3 there shall be a list of voters which shall be prepared in accordance with the provisions of this Act and rules made there under.
Every person who is qualified to be registered in the Assembly roll relatable to a village or whose name is entered therein and is ordinarily resident within the village shall be entitled to be registered in the list of voters of that village :
Provided that,-
(a) no person shall be entitled to be registered in the list of voters for more than one village;
(b) no person shall be entitled to be registered in the list of voters if he is registered in the electoral roll relating to any other local authority.
Explanation :-(1) The expression "ordinary resident" shall have the meaning assigned to it in Section 20 of the Representation of the Peoples Act, 1950 (No. 43 of 1950) subject to the modification that reference to "Constituency" therein will be co
1[There shall be a Gram sabha for every village. The Gram Sabha shall be a body corporate by the name specified therefore, having perpetual succession and a common seal and shall by the said name sue and be sued and shall subject to the provisions of this Act and the rules made there under have power to acquire, hold and dispose of any property movable or immovable, to enter into contract and to do all other things necessary for the purpose of this Act.]
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1. Inserted by M.P. Act No. 3 of 2001 (w.e.f. 26-1-2001).
1[2[(1) The meetings of Gram Sabha shall be held at least in January, April, July and October, and besides this Gram Sabha may convene additional meeting, if required, and the Collector of the district shall nominate a Government Officer or employee for suitable arrangement of such meetings, who shall ensure the circulation of the agenda and notice of the date, time and place of meeting to be served within time and shall also ensure the due conduction of the proceedings of the meeting.]
3[(2) The quorum of every meeting of Gram Sabha shall not be less than one-tenth of the total number of members of the Gram Sabha or five hundred members of the Gram Sabha, whichever is less.]
(3) The meeting of the Gram Sabha shall be presided over by Sarpanch or in the absence of Sarpanch by Up-Sarpanch. In the event of both Sarpanch and Up-Sarpanch bei
1[If the Sarpanch, or more than ten per cent of the members or fifty members of the Gram Sabha whichever is less, give requisition in writing for a special meeting of the Gram Sabha, the Secretary shall call such a meeting within seven days of the receipt of such requisition.]
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1. Sections 6-A to 6-C Inserted by M.P. Act No. 3 of 2001 (w.e.f. 26-1-2001).
The Secretary of the Gram Panchayat shall also be the Secretary of the Gram Sabha. The Secretary shall be under the control of the Gram Sabha and perform such duties as assigned to him by the Gram Sabha.
(1) All matters brought before any meeting of Gram Sabha shall be decided, as far as possible, unanimously failing which by general consensus of the members present :
Provided that where there is difference of opinion on any issue such matter shall be brought before the next meeting. If a decision is not taken unanimously or by general consensus in successive two deferred meetings then such matter shall be decided by majority of members present thereat by secret voting. In the case of equality of votes, the person presiding over the meeting shall have a second or casting vote.
(2) If any dispute arises as to whether a person is entitled to vote, the same shall be decided by the person presiding regard being had to the entry in the list of voters of the Gram Sabha area and his decision shall be final.]
1[(1) Subject to the rules, which the State Government may make in this behalf, and subject to the general or special orders, as may be issued by the State Government from time to time, the Gram Sabha shall have the following powers and functions, namely,-
(a) to lay down the principles for identification of schemes and their priority for economic development of the village;
(b) to approve all plans including Annual Plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the Gram Panchayat;
(c) to consider the Annual Budget of the Gram Panchayat, and make recommendations thereon;
(d) to consider the report of audit and accounts of the Gram Panchayat;
&n
1[2[(1) The Gram Panchayat shall, for discharging its functions and duties, constitute the following standing committees of Gram Sabha, namely :-
(i) Gram Nirman Samiti; and
(ii) Gram Vikas Samiti).
(2) In addition to the Standing Committees mentioned in sub-section (1) the Gram Sabha may constitute one or more such Adhoc Committees as it may deem necessary for the implementation of any time-bound work. The Committee shall comprise of members who are stake-holders of work assigned to the committee. The committee shall cease to exist after submitting the completion report and evaluation of the work by the Gram Sabha.
(3) The Committees which are already functioning within the area of jurisdiction of the Gram Sabha shall continue to function with the
1[(1) The Gram Nirman Samiti shall Act as an agency of Gram Panchayat and shall execute all construction works and other works entrusted by the Gram Panchayat or Gram Sabha, up to five lac rupees.
2[(2) Sarpanch of Gram Panchayat shall be the ex-officio President of the Gram Nirman Samiti and Gram Vikas Samiti.]
3[(3) Omitted.]
(4) The composition and functions of Gram Vikas Samiti shall be such as may be prescribed.
(5) The members of the Gram Nirman Samiti shall be included in the Gram Vikas Samiti in such manner as may be prescribed.]
4[(6) All disputes relating to constitution and election of Standing Committees shall be dealt with the provisions of Section 122 and the rules made there under.]
&nbs
1[Omitted]
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1. Omitted by M.P. Act No. 16 of 2004 (w.e.f. 1-1-2005)
The powers, functions and duties of the committee shall be such as may be entrusted to it by the Gram Sabha from time to time. Every committee shall be responsible and accountable to the Grain Sabha and shall work under its control and supervision.
The Gram Sabha shall have power to remove any member of the Committee at any time for the reasons to be recorded in writing.
1[The Gram Nirman Samiti and Gram Vikas Samiti shall jointly prepare a plan for overall development of village and submit it for the approval of the Gram Sabha.]
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1. Substituted by M.P. Act No. 16 of 2004 (w.e.f. 1-1-2005).
1[(1) The Secretary of Gram Panchayat shall also be the ex-officio Secretary of the Gram Nirman Samiti and Gram Vikas Samiti.]
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1. Substituted by M.P. Act No. 20 of 2005.
1[The Gram Sabha shall evaluate next ten years approximate fund to be received, and make a ten years' long term plan for village development, with the help of experts and approve the same.
(2) The plan under sub-section (1) shall be prepared keeping in view the land use plan and requirement of basic amenities of Gram Sabha, on priority basis of long term plan through a yearly plan based on the financial resources to be received per year to the Gram Kosh of a Gram Sabha.
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1. Inserted by M.P. Act No. 16 of 2004 (w.e.f. 1-1-2005).
The President and every member of the Gram Nirman Samiti and Gram Vikas Samiti shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860) for taking any disciplinary action against them.]
An appeal against the decision of a Gram Sabha shall lie to a committee consisting of the President of Janpad Panchayat, a member of Janpad Panchayat of that area and the Sub-Divisional Officer (Revenue) in such manner as may be prescribed.
Every Gram Sabha shall prepare annually in such form and in such manner and by such date as may be prescribed, budget estimates of its receipt and expenditure for the next financial year.
Every Gram Sabha shall establish a fund to be called the Gram Kosh consisting of following four parts :-
(i) Anna Kosh;
(ii) Shram Kosh,
(iii) Vastu Kosh;
(iv) Nagad Kosh;
and there shall be credited thereto,-
(a) donations;
(b) income from other sources;
1[(c) any sum received from the District Panchayat Raj Fund or from the Funds of three-tier Panchayats, the proceeds of the land revenue, cess on land revenue, royalty received on minor minerals, income received from lease of fishing rights, grazing fees and shala bhawan upkar as prescribed or fixed by the State Governmen
The Gram Sabha shall cause to be maintained proper books of accounts and prepare annual statement of accounts. The accounts of the Gram Sabha shall be audited from time to time in such manner and by such authority as may be prescribed and the Audit Report submitted shall be placed before the next meeting of the Gram Sabha.
(1) The Gram Sabha shall have the power to withhold salary, sanction leave, inspect and supervise the work of a Government employee whose area of jurisdiction lies within the limits of Gram Sabha area.
(2) Gram Sabha shall have the power to recommend to the competent authority imposition of penalties in respect of a Government employee referred to in sub-section (1) for misconduct and negligence of duties.
The State Government may, by general or special order, add or withdraw functions and duties entrusted to Gram Sabha when the State Government undertakes execution of any of the functions entrusted to Gram Sabha.
There shall be constituted for the purpose of this Act,-
(a) a Gram Panchayat for a village;
(b) a Janpad Panchayat for a Block; and
(c) a Zila Panchayat for a district.
(1) Every Panchayat shall continue for five years from the date appointed for its first meeting and no longer unless sooner dissolved under this Act.
(2) An election to constitute a Panchayat shall be completed,-
(a) before the expiry of its duration specified in sub-section (1);
(b) before the expiration of a period of six months from the date of its dissolution :
Provided that where the remainder of the period for which the dissolved panchayat would have continued is less than six months it shall not be necessary to hold any election under this clause for constituting the Panchayat for such period.
(3) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shal
(1) There shall be a Gram Panchayat for every village specified as a village for the purposes of this Act under Section 3.
(2) The Governor may, by notification, divide a district into blocks. The notification shall specify the name of every such block, its headquarters and the area comprised therein. For every block there shall be a Janpad Panchayat which shall be known by the name of the block.
(3) There shall be a Zila Panchayat for every district :
1[Provided that every Municipal Corporation, Municipal Council or Nagar Panchayat constituted under the relevant law for the time being in force shall form a separate administrative unit for the area within its jurisdiction.]
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1. Substituted by M.
Every Gram Panchayat, Janpad Panchayat and Zila Panchayat shall be body corporate by the name specified, therefore in the order under Section 3 for village or notification under Section 10 for Janpad Panchayat and Zila Panchayat as the case may be, having perpetual succession and a common seal and shall by the said name, sue and be sued and shall subject to the provisions of this Act and the rules made there under, have power to acquire, hold or transfer property movable or immovable, to enter into contracts and to do all other things necessary for the purpose of this Act.
Each Gram Panchayat area shall be divided into not less than ten wards as may be determined by the Collector and each ward shall be a single member ward :
Provided that where the population of Gram Panchayat area is more than one thousand it shall be divided into wards in such manner that the total number of wards shall not exceed twenty and the population of each ward shall as far as practicable, be the same in each ward :
Provided further that the ratio between the population of the Gram Panchayat area and the number of wards in such panchayat shall, so far as practicable, be the same throughout the block within which the Panchayat area falls.
1[(1) Every Gram Panchayat shall consist of elected Panchas and a Sarpanch].
2[(2) If any village or ward fails to elect a Sarpanch or as the case may be, a Panch, fresh election proceedings shall be commenced to fill the seat in such village or as the case may be, such ward within six months :
Provided that pending the election of Sarpanch under this sub-section, elected panchas shall subject to the provisions of sub-sections (2), (3) and (4) of Section 17, in the first meeting under Section 20 elect a Sarpanch from amongst themselves who shall discharge all the functions of Sarpanch under the Act till a Sarpanch elected under this sub-section enters upon the office :
Provided further that further proceedings for constituting the Gram Panchayat shall not be stayed pending the election of Panc
(1) Every person whose name is included in the list of voters of a village shall be qualified to vote at the election of an office-bearer of a Panchayat within whose area the village is comprised.
(2) Every such person unless disqualified under this Act or any other law for the time being in force shall be qualified to be 1[elected] as office-bearer of a Panchayat.
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1. Substituted by MP. Act No. 26 of 1994 (w.e.f. 30-5-1994).
No person shall be eligible for seeking election as an office bearer of a Panchayat from more than one ward of constituency as the case may be.
1[x x x].
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1. Omitted by M.P. Act No. 26 of 1994 (w.e.f. 30-5-1994).
(1) In every Gram Panchayat there shall be a Sarpanch and an Up-Sarpanch. A person who,-
(i) is qualified to be elected as panch;
(ii) is not a member of either House of Parliament or member of State Legislative Assembly; and
(iii) is not Chairman or Vice-Chairman of Co-operative Society;
shall be elected as a Sarpanch, subject to provisions of sub-sections (2), (3) and (4), by persons whose names are included in the list of voters of the Gram Panchayat area in such manner as may be prescribed.
(2) (i) Such number of seats of Sarpanchas of Gram Panchayats shall be reserved for Scheduled Castes and Scheduled Tribes in the Gram Panchayat within the block which bears the same proportion to the total numb
1[2[(1) The newly elected Sarpanch 1[or President of Gram Nirman Samiti] shall be deemed to have assumed the charge of the office with effect from the date of first meeting as provided in Section 20.]
2[(2) If the outgoing Sarpanch 1[or President of Gram Nirman Samiti] fails or refuses to hand over any papers or property in his possession to the newly elected Sarpanch 1[or President of Gram Nirman Samiti], the prescribed authority may by order, in writing direct the outgoing Sarpanch 1[or President of Gram Nirman Samiti] to hand over forthwith all papers and property in his possession as Sarpanch 1[or President of Gram Nirman Samiti to the new Sarpanch, 1[or President of Gram Nirman Samiti] Up-Sarpanch or Secretary of the Gram Panchayat, as the case may be.]
(3) If an out-going Sarpanch 1[or President of Gram Nirman Samiti] fails to comp
1[Every Election of Sarpanch. Up-Sarpanch and Panchas shall be published by the prescribed authority in such manner as may be prescribed.]
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1. Substituted by M.P. Act No. 26 of 1994 (w.e.f. 30-5-1994).
(1) First meeting of the Gram Panchayat shall be held within 30 days of the date of the publication under Section 19. Such meeting shall be convened by the prescribed authority and the provisions of Section 44 regarding meeting as far as may be, shall apply in respect of the said meeting.
(2) The office-bearers of the Gram Panchayat shall hold office for five years from the date of the first meeting and no longer :
Provided that notwithstanding anything contained in this sub-section every person becoming an office-bearer of a Gram Panchayat shall cease to hold office forthwith,-
1[(i) on his ceasing to be a voter of the Gram Panchayat area; or]
(ii) on his becoming a member of State Legislative Assembly or member of either House of Parliament.
&n
(1) On a motion of no-confidence being passed by the Gram Panchayat by a resolution passed by majority of not less than three fourth of Panchas present and voting and such majority is more than two third of the total number of Panchas constituting the Gram Panchayat for the time being, the Sarpanch or Up-Sarpanch against whom such motion is passed, shall cease to hold office forth with.
(2) Notwithstanding anything contained in this Act or the rules made there under a Sarpanch or an Up-Sarpanch shall not preside over a meeting in which a motion of no-confidence is discussed against him. Such meeting shall be convened in such manner as may be prescribed and shall be presided over by an officer of the Government as the Prescribed Authority may appoint. The Sarpanch or the Up-Sarpanch, as the case may be, shall have a right to speak at, or otherwise to take part in, the proceeding of
1[(1) Every Sarpanch of a Gram Panchayat shall forthwith be deemed to have vacated his office if he is recalled through a secret ballot by a majority of more than half of the total number of the members constituting the Gram Sabha within the Gram Panchayat in accordance with the procedure, as may be prescribed :
Provided that no such process of recall shall be initiated unless a notice is signed by not less than one-third of the total number of members of the Gram Sabha and presented to the prescribed authority :
Provided further that no such process shall be initiated,-
(i) within a period of two and a half years from the date on which such Sarpanch elected at the General Election enters his office; or
(ii) if half of the period of tenure of the Sa
(1) Every Janpad Panchayat shall consist of the following :-
(i) Members elected from the constituencies;
1[(ii) x x x]
(iii) All members of the State Legislative Assembly returned from the constituencies which wholly or party fall within the block : Provided that a member of the State Legislative Assembly whose constituency wholly falls within an urban area shall not be a member of the said Janpad Panchayat:
2[Provided further that a Member of the State Legislative Assembly who is a member of the Janpad Panchayat, may nominate his representative, who possesses such qualifications as may be prescribed in this behalf, to attend the meeting of the Janpad Panchayat if he is unable to do so owing to absence, illness or any other cause.]
&
(1) Subject to the provisions of sub-section (2), the State Government shall by notification divide a block into such number of constituencies that each constituency has as far as practicable a population of five thousand and every constituency shall be a single member constituency :
Provided that where the population of a Block is less than fifty thousand it shall be divided into not less than ten constituencies and the population of each constituency shall as far as practicable be the same in each constituency :
Provided further that the total number of constituencies in a block shall not exceed twenty-five.
(2) The ratio between the population of the territorial area of a Janpad Panchayat and the number of constituencies in such Janpad Panchayat shall, so far as practicable, be the same thr
1[x x x]
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1. Omitted by M.P. Act No. 26 of 1994 (w.e.f. 30-5-1994).
1[(1) After every election of Panchayats, the State Election Commission shall immediately hold the elections of President and Vice-President of Janpad Panchayats, in such manner, as may be prescribed.]
(2) (i) Office of President of Janpad Panchayat shall be reserved for,--
(a) the Scheduled Castes; and
(b) the Scheduled Tribes,
and the number of offices of President reserved for the Scheduled Castes and the Scheduled Tribes in the district shall bear as nearly as may be, the same proportion to the total number of such offices in the district as the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, bears to the total population of the District:
2[Provided that for the pur
The names of the members, President and Vice-President of Janpad Panchayat shall be published by the prescribed authority in such manner as ma be prescribed.
(1) First meeting of the Janpad Panchayat shall be held within 30 days of the date of publication under Section 26. Such meeting shall be convened by prescribed authority and provisions of Section 44 regarding meeting, as far as may be, shall apply in respect of the said meeting.
(2) Unless otherwise provided in the Act, the office-bearers of Janpad Panchayat shall hold office for five years from the date of the first meeting and no longer:
1[Provided that notwithstanding anything contained in this sub-section an office bearer of Janpad Panchayat shall cease to hold office forthwith on his ceasing to be a voter of a Gram Panchayat area within the Block.]
(3) If before the expiry of the period prescribed in sub-section (2), the Janpad Panchayat is not newly constituted, it shall stand dissolved
(1) On a motion of no-confidence being passed by Janpad Panchayat by resolution passed by a majority of not less than three-fourth of the 1[elected members] present and voting and such majority is more than two-third of the total number of 1[elected members] constituting the Janpad Panchayat for the time being, the President or the Vice-President against whom such resolution is passed shall cease to hold office forthwith.
(2) Notwithstanding anything contained in this Act or the Rules made thereunder, a President or a Vice-President shall not preside over a meeting in which a motion of no-confidence is discussed against him. Such meeting shall be convened in such manner as may be prescribed and shall be presided over by an officer of the Government as the prescribed authority may appoint. The President or the Vice-President, as the case may be, shall have a right to speak at or oth
The Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, is a legislative framework aimed at decentralizing governance and empowering local self-governments in the state of Madhya Pradesh. Section 28 specifically addresses the procedure and implications of a no-confidence motion against the President or Vice-President of a Panchayat.
Section 28 outlines the process for passing a no-confidence motion against the President or Vice-President of a Panchayat. It stipulates the conditions under which such a motion can be initiated and the procedural requirements for its passage.
The scope of Section 28 is limited to the governance of Panchayati Raj institutions in Madhya Pradesh, specifically focusing on the accountability mechanisms for elected officials within these bodies. It empowers members of the Panchayat to hold their leaders accountable through a democratic process.
While Section 28 itself does not prescribe specific punishments, it implies that failure to adhere to the procedural requirements may lead to legal challenges or administrative actions against the officials involved.
(1) Every Zila Panchayat shall consist of the following :--
(i) Member elected from the constituencies;
1[(ii) x x x]
(iii) All members of Lok Sabha representing Parliamentary constituencies which wholly or partly from part of district;
(iv) All Members of Rajya Sabha returned from the State of Madhya Pradesh whose name appear in the list of voters of a Gram Panchayat area within the district;
(v) All members of the State Legislative Assembly returned from the district :
Provided that the members of Lok Sabha and Members of State Legislative Assembly whose constituencies wholly fall within the urban area shall not be the members of the Zila Panchayat :
(1) Subject to the provisions of sub-section (2), the State Government shall by notification divide a district into such number of constituencies that each constituency shall have as far as practicable, a population of fifty thousand and every constituency shall be a single member constituency :
Provided that where the population of a District is less than five lacs, it shall be divided into not less than ten constituencies and the population of each constituency shall as far as practicable, be the same in each constituency:
Provided further that the total number of constituencies shall not exceed thirty five.
(2) The ratio between the population of the territorial area of the Zila Panchayat and number of constituencies in such Zila Panchayat area, shall, as far as practicable, be the same thr
1[x x x]
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1. Omitted by M.P. Act No. 26 of 1994 (w.e.f. 30-5-1994).
1[(1) After every election of Panchayats, the State Election Commission shall immediately hold the election of President and Vice-President of Zila Panchayats, in such manner, as may be prescribed.]
(2) (i) Offices of President shall be reserved for,--
(a) the Scheduled Castes; and
(b) the Scheduled Tribes,
and the number of offices of President reserved for the Scheduled Castes and Scheduled Tribes 2[including the number of offices of President reserved for the Scheduled Tribes in the Scheduled Areas under Chapter XIV-A] shall bear as nearly as may be, the same proportion to the total number of such offices in the State as the population of Scheduled Castes or, as the case may be, the Scheduled Tribes bears to the total population of the State
The names of members, President and Vice-President of Zila Panchayat shall be published by the prescribed authority in such manner as may be prescribed.
1[Notwithstanding anything contained in the Act or the rules made thereunder, the clerical error or omission apparent on the face of the record regarding reservation of seats under sub-sections (4), (5) and (6) of Section 13, sub-sections (2), (3) and (4) of Section 17, sub-sections (3), (4) and (5) of Section 23, sub-section (2) of Section 25, sub-sections (3), (4) and (5) of Section 30 and sub-section (2) of Section 32, may be corrected by the prescribed authority with the prior permission of the State Government or the officer authorised by it for the purpose, at any time before the commencement of election proceedings.]
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1. Inserted by M.P. Act No. 2 of 1997 (w.e.f. 7-1-1997).
(1) First meeting of the Zila Panchayat shall be held within 30 days of the date of publication under Section 33. Such meeting shall be convened by the prescribed authority and provisions of Section 44 regarding meeting, as far as may be, shall apply in respect of the said meeting.
(2) Unless otherwise provided in this Act the office-bearers of Zila Panchayat shall hold office for five years from the date of the first meeting and no longer:
Provided that notwithstanding anything contained in this sub- section an office-bearer of Zila Panchayat shall cease to hold office forthwith on his ceasing to be,--
(a) a voter of the Gram Panchayat area within the district;
1[(b) x x x].
(3) If before the expiry of t
(1) On a motion of no-confidence being passed by Zila Panchayat by resolution passed by a majority of not less than three-fourth of the 1[elected members] present and voting and such majority is more than two-third of the total number of 1[elected members] constituting the Zila Panchayat for the time being the President or the Vice-President against whom such motion is passed shall cease to hold office forthwith.
(2) Notwithstanding anything contained in this Act or the rules made thereunder, President or Vice-President shall not preside over a meeting in which a motion of no-confidence is discussed against him. Such meeting shall be convened in such a manner as may be prescribed and shall be presided over by an officer of the Government as the prescribed authority may appoint. The President or Vice-President as the case may be, shall have right to speak at or otherwise to take par
(1) No person shall be eligible to be an office-bearer of Panchayat who,--
(a) has, either before or after the commencement of this Act, been convicted,--
(i) of an offence under the Protection of Civil Rights Act, 1955 (No. 22 of 1955) or under any law in connection with the use, consumption or sale of narcotics or any law corresponding thereto in force in any part of the State, unless a period of five years or such lesser period as the State Government may allow in any particular case has elapsed since his conviction; or
(ii) of any other offence and had been sentenced to imprisonment for not less than six months, unless a period of five years or such less period as the State Government may allow in any particular case has elapsed since his release; or
(1) A Panch of a Gram Panchayat or a member of Janpad Panchayat or a member of Zila Panchayat may resign his office by giving notice in writing to that effect to the Sarpanch or President as the case may be.
(2) The Sarpanch or Up-Sarpanch of a Gram Panchayat or the President or Vice-President of a Janpad Panchayat or Zila Panchayat may resign his office by giving notice in writing to the prescribed authority.
(3) The manner of giving notice and procedure for tendering resignation and its becoming effective shall be as may be prescribed :
Provided that a person tendering resignation may withdraw his resignation before it becomes effective.
1[(1) (a) In the event of death, resignation, no confidence motion, or removal of an office-bearer of a Panchayat or on his becoming a member of State Legislative Assembly or a member of either House of Parliament before the expiry of his term, a casual vacancy shall be deemed to have occurred in his office and such vacancy shall be filled as soon as may be by election in accordance with the provisions of the Act and the rules made thereunder;
2[(b) in the event of occurrence of a casual vacancy in the office of the Sarpanch of a Gram Panchayat, the Secretary of the Gram Panchayat, as the case may be, shall cause to be called a special meeting of the Panchayat immediately, but not later than fifteen days from the date of receipt of information from the prescribed authority regarding the vacancy and the members shall elect from amongst themselves a person to hold the office temp
(1) The prescribed authority may suspend from office any office-bearer,--
(a) against whom charges have been framed in any criminal proceedings under 1[Chapters V-A, VI, IX], IX-A, X, XII, Sections 302, 303, 304-B, 305, 306, 312 to 318, 366-A, 366-B, 373 to 377 of Chapter XVI, Sections 395 to 398, 408, 409, 458 to 460 of Chapter XVII and Chapter XVIII of the Indian Penal Code, 1860 (XLV of 1860) or under any Law for the time being in force for the prevention of adulteration of food stuff and drugs, 2[suppression of immoral traffic in women and children, Protection of Civil Rights and Prevention of Corruption]; or
3[(b) x x x].
(2) The order of suspension under sub-section (1) shall be reported to the State Government within a period of ten days and shall be subject to such orders as the State
(1) The State Government or the prescribed authority may after such enquiry as it may deem fit to make at any time, remove an office-bearer,--
(a) if he has been guilty of misconduct in the discharge of his duties; or
(b) if his continuance in office is undesirable in the interest of the public :
Provided that no person shall be removed unless he has been given an opportunity to show cause why he should not be removed from his office.
Explanation.--For the purpose of this sub-section "Misconduct" shall include,--
(a) any action adversely affecting,--
(i) the sovereignty, unity and integrity of India; or
(ii) the harm
1[(1) A person who is elected to more than one office of Panchayats, may by notice in writing signed by him and delivered to the prescribed authority within 10 days from the date on which he is elected, or the later dates, if he is elected on different dates, intimate in which of the Panchayats he wishes to serve as an office-bearer and thereupon his seat in other Panchayats in which he does not wish to serve shall become vacant.
(2) In default of such intimation within the aforesaid period he shall be deemed to have opted for only one of the offices in the following order of preference,--
(a) a member of Zila Panchayat;
(b) a member of Janpad Panchayat;
(c) a Sarpanch of Gram Panchayat;
(d) a Panch of Gr
The superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections to the Panchayats shall be vested in the State Election Commission.
1[(1) In the exercise of powers under Section 42, the State Election Commission may, in consultation with the State Government, appoint officers and members of staff for conducting elections to Panchayats.
(2) The State Election Commission may assign such duties and functions to officers and members of staff appointed under sub-section (1) and invest such officers and members of staff with such powers and in relation to such areas as it may deem necessary or consider fit in relation to conduct of elections and matters connected therewith or incidental thereto.]
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1. Inserted by M.P. Act No. 26 of 1994 (w.e.f. 30-5-1994).
1[The State Government shall in consultation with the State Election Commission make rules for the preparation of Electoral rolls and conduct of all Elections to the Panchayats.]
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1. Substituted by M.P. Act No. 26 of 1994 (w.e.f. 30-5-1994).
(1) Subject to the provisions of this Act, the procedure of meeting and conduct of business of a Panchayat shall be such as may be prescribed.
(2) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies shall have the right to vote in the meeting of the Panchayats.
(3) 1[The quorum for a meeting of Zila Panchayat and Janpad Panchayat shall be one-third, and for a meeting of Gram Panchayat shall be one-half, of the members constituting the concerned Panchayat for the time being]. If there be no quorum present at a meeting, the presiding authority shall, adjourn the meeting to such date and hour as may be fixed by it. A notice of the meeting so fixed shall be pasted in the office of the Panchayat. No quorum shall be necessary, for such postponed meeting, and n
No subject once finally disposed of by Panchayat shall within six months be reconsidered by it unless the recorded consent of not less than three-fourth of its members entitled to vote has been obtained thereto or unless the prescribed authority has directed its reconsideration.
(1) A Gram Panchayat may for discharging its functions and duties, constitute standing committees not exceeding three and such committees shall exercise such powers as may be assigned to them by the Gram Panchayat. The committee shall be under the general control of the Gram Panchayat.
(2) No person shall be a member of more than two committees at a time.
(3) The term of office of the members of standing committee and the procedure for the conduct of business of the standing committee shall be such as may be prescribed.
(1) Every Janpad Panchayat and every Zila Panchayat shall from amongst its 1[elected members] constitute the following standing committees, namely :--
(a) General Administration Committee.--
For all matters connected with establishment and service of Janpad or Zila Panchayat Administration, Integrated Rural Development Programme Planning, Budget, Accounts, Taxation and other financial matters and subjects not covered by the functions allotted to any other committee;
(b) Agriculture Committee.--
For Agriculture, animal husbandry, power, reclamation including soil conservation and contour bunding and fisheries compost manuring, seed distribution and other matters connected with development of agriculture and live-stock.
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1[A member of Standing Committee other than General Administration Committee and the Chairman of a Standing Committee other than the General Administration and Education Committees may resign by tendering his resignation in person to the President of the Janpad Panchayat or Zila Panchayat, as the case may be, and his resignation shall take effect from the date of its receipt by the President.
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1. Inserted by M.P. Act No. 39 of 1995 (w.e.f. 19-12-1995).
(1) The provisions of Section 122 relating to election disputes and rules made thereunder shall apply mutatis mutandis in relation to election of Member or Chairman under Sections 46 and 47.
(2) All legal proceedings relating to such election disputes pending before the State Government and its subordinate officers, shall stand transferred to the specified officers having jurisdiction under Section 122.]
The Sarpanch and Up-Sarpanch and the President and Vice-President shall exercise such powers and perform such functions, as may be prescribed.
It shall be the duty of a Gram Panchayat in so far as the Gram Panchayat funds allow to perform within its areas the following functions :--
1[(1) to (17) omitted];
(18) establishment management and regulation of markets and melas other than public markets and public melas;
1[(19) to (29) omitted).
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1. Omitted by M.P. Act No. 3 of 2001 (w.e.f. 26-1-2001).
1[Subject to the provisions of this Act and rules made thereunder and subject to policy, directions, instructions, general or special orders as may be issued by the State Government from time to time. It shall be duty of the Gram Panchayat to,--
(i) prepare annual plans for economic development and social justice of Panchayat area and submission thereof to the Janpad Panchayat within the prescribed time for integration with the Janpad Panchayat plan;
2[(ii) to (iv) omitted];
(v) ensure the execution of schemes, works, projects entrusted to it by any law and those assigned to it by the Central or State Government or Zila Panchayat or Janpad Panchayat;
2[(vi) to (viii) omitted];
3[(ix) consider the applicat
(1) Subject to the provisions of this Act and the rules made thereunder, and subject to general or special orders, as may be issued by the State Government, from time to time, it shall be the duty of a Janpad Panchayat, so far as the Janpad Panchayat funds allows to make reasonable provision in the Block for the following matters,--
(a) Integrated Rural Development, Agriculture, Social Forestry, Animal Husbandry and Fisheries, Health and Sanitation, Adult Education, Communication and Public Works, Co-operation, Cottage Industries, Welfare of Women, youth and children, welfare of disabled and the destitutes and welfare of backward classes, family planning and sports and rural employment programmes;
(b) provision of emergency relief in cases of distress caused by fires, floods, drought, earthquake, scarcity, locust swarms, epidemics and ot
(1) The State Government may entrust, to a 1[Janpad Panchayat or Zila Panchayat] functions in relation to any matter to which the executive authority of the State Government extends or in respect of functions which have been entrusted to the State Government by the Central Government and the 1[Janpad Panchayat or Zila Panchayat] shall be bound to perform such functions. It shall have necessary powers to perform such functions.
(2) Where functions are entrusted to a 1[Janpad Panchayat or Zila Panchayat) under sub-section (1), the 1[Janpad Panchayat or Zila Panchayat] shall in the discharge of those functions, act as an agent of the State Government.
(3) There shall be paid by the State Government to the 1[Janpad Panchayat or Zila Panchayat] such sum as may be deemed necessary for discharging the functions entrusted to it under this sectio
1[2[(1) Subject to the provisions of this Act and rules made thereunder and subject to policy, directions, instructions, general or special orders as may be issued by the State Government from time to time, it shall be the duty of Zila Panchayat to,--
(i) prepare annual plans for economic development and social justice of the district and to ensure the co-ordinated implementation of such plan in respect of the matters transferred to Panchayats;
(ii) prepare annual plans in respect of the schemes entrusted to it by the law and those assigned to it by the Central or State Government;
(iii) co-ordinate, evaluate, and monitor activities and guide the Janpad Panchayat and Gram Panchayat;
(iv) ensure overall supervision, co-ordination and consolidations o
1[(1) (a) Subject to such conditions as may be specified by general or special order issued by the State Government, the Panchayat at the appropriate level shall have the powers and authority as may be necessary to enable them to function as institutions of self Government in relation to matters listed in Scheduled IV, including preparation of plans, implementation of schemes for economic development and social justice, and other duties and functions assigned to them under Sections 49, 49-A, 50, 52 and Chapter XIV-A.
(b) The State Government may, by notification, endow Panchayats at the appropriate level with powers and responsibilities for the selection, recruitment, appointment and management of any cadre or cadres of employees required for the efficient implementation of schemes, subject to the staffing pattern approved by the State Government and such other conditions as it
Subject to the rules as the State Government may make in this behalf the Gram Panchayat shall have power :--
(i) to regulate the offensive or dangerous trade;
(ii) to remove the structures and trees;
(iii) to maintain the sanitation, conservancy, drainage, water works, sources of water supply;
(iv) to regulate the use of water;
(v) to regulate slaughter of animals;
(vi) to regulate establishment of workshops, factories and other industrial units;
(vii) to ensure environmental control; and
(viii) to carry out such functions as are necessary by or under the provisions of thi
(1) Subject to the provisions of this section no person shall erect any building or alter or add to any existing building or reconstruct any building without the permission in writing of the Gram Panchayat and except in accordance with bye-laws made in this behalf under this Act. Permission shall be presumed to have been granted if no refusal of such permission is communicated by the Gram Panchayat within forty five days of the receipt of the application.
(2) If any person erects, alters, adds to or reconstructs any building without the permission of Gram Panchayat and contrary to any such conditions under which permission has been granted the Gram Panchayat may by written notice direct such person to stop the erection, alteration, addition or reconstruction and to alter or demolish such erection, alteration, addition or reconstruction, as it may deem necessary in the public intere
(1) Whoever within the Gram Panchayat area causes any hindrance, obstruction or encroachment over any public street or open site or upon any drain in such street,--
(a) by building or setting up any wall, fence, rail, post, stall, verandah, platform, plinth, step or any other structure; or
(b) without written permission of the Gram Panchayat or contrary to the conditions mentioned in such permission by putting up any verandah, balcony, room or other structure so as to project over any public street or upon any drain in such street; or
(c) by unauthorisedly removing earth, sand or other material from any site; or
(d) by unauthorisedly cultivating any grazing or other land,
may be punished with fine, which
1[In case of a Special Economic Zone, the powers of Gram Panchayat under Section 55 and 56 shall be delegated to the Development Commissioner.]
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1. Inserted by M.P. Act No. 18 of 2007 (w.e.f. 4-7-2007).
The Gram Panchayat may cause a name given to any street and may also cause a number to be affixed to any building and from time to time, cause such name of streets and number of buildings to be altered.
(1) Save as provided in the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (No. 24 of 1973), no person except Gram Panchayat shall within the Gram Panchayat area set up, establish or use any place for the purpose of a market or a mela :
Provided that the State Government, may by notification, declare any market or mela to be public market or public mela and the public market or public mela, as the case may be, so declared shall vest in the Janpad Panchayat.
(2) The Stale Government may make rules to regulate the market or the mela specified in sub-section (1).
A Janpad Panchayat may, with the sanction of the prescribed authority, turn, divert, discontinue or permanently close any road which is under the control and administration of, or is vested in the Janpad Panchayat.
(1) Whoever erects or encroaches or obstructs any road, street, land, building or structure which vest in the Janpad Panchayat shall on conviction be punished with a fine, which may extend to 1[one thousand rupees].
(2) The Chief Executive Officer shall have power to remove any such obstruction or encroachment and the expenses of such removal shall be paid by the person who has caused the said obstruction or encroachment and on his failure to pay, the same shall be recoverable as an arrear of land revenue :
Provided that before proceeding to remove any such obstruction or encroachment, the Chief Executive Officer may, by a written notice, call upon the person who has caused such obstruction or encroachment to remove it within the time specified in the notice, or show cause as to why the same should not be removed.
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A Panchayat may, with the previous sanctions of the prescribed authority, compromise any suit instituted by or against it or any claim or demand arising out of any contract entered into it under this Act on such terms as it may deem fit.
For the purposes of this Chapter "Gram Panchayat area' means such area which is situated in the Gram Panchayat within a distance of,--
(i) sixteen kilometers from the limits of a Municipal Corporation constituted under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956);
(ii) eight kilometers from the limits of a Municipal Council or Nagar Panchayat constituted under the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961);
(iii) three kilometers from the limits of an urban area other than those specified in (i) and (ii) above;
(iv) one kilometers from the side of a National Highway specified in or declared under the National Highway Act, 1956 (XLVII of 1956) or public road notified under Section 2 of the Madhya Pradesh Highway A
(1) Any person who intends to undertake the establishment of a colony in the Gram Panchayat area for the purpose of dividing land into plots, with or without developing the area, transfers or agrees to transfer gradually, or at a time, to persons desirous of settling down on those plots by constructing residential, non-residential or composite accommodation shall apply to the Sub-Divisional Officer (Revenue) for the grant of a registration certificate, alongwith a copy of the resolution duly passed by the Gram Panchayat in support of the establishment of the colony.
(2) On receipt of the application for registration under sub-section (1), the Sub-Divisional Officer (Revenue) shall, subject to the rules made in this behalf, either issue or refuse to issue the registration certificate within thirty days :
Provided that if the Sub-Divisiona
The registration certificate shall entitle the Colonizer to undertake the development of colonies in the Gram Panchayat area subject to the provisions of this Act and the rules made in this behalf.
(1) A Colonizer who, in contravention of the provisions of Section 172 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) and the rules made thereunder, diverts the land or part thereof, commits an offence of illegal diversion of land.
(2) A Colonizer who divides his land or the land of any other person into plots with the object of establishing a colony in breach of the requirements contemplated in this Act or the rules made in this behalf, commits an offence of illegal colonization.
(3) Whoever commits or abets the commission of an offence of illegal diversion or illegal colonization shall be punished with simple imprisonment which may extend to six months or with a minimum fine of ten thousand rupees or with both.
(4) Whoever constructs a building in an area of illegal diversion
Whoever in the area of illegal diversion or illegal colonization or illegal construction,--
(i) being an officer having power to sanction layout or map for the construction of a building grants sanction or approves such layout or map; or
(ii) being an officer under a primary duty to do so knowingly omits to report illegal diversion of land or illegal construction of a building in such an area to the proper authority; or
(iii) being an officer or an employee responsible to take action against the illegal diversion of land or illegal colonization or illegal construction of a building in such an area fails to take action; or
(iv) being an officer or the authority competent to sanction electrical or water supply connection grants such sanction with resp
(1) Notwithstanding anything contained in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) the transfer or agreement to transfer of plots made by a colonizer, in an area of illegal diversion or illegal colonization, shall be void.
(2) The prescribed authority may after giving show cause notice to the parties takes over the management of the land, cause the area to be planned and developed and shall thereafter allot the land preferentially amongst the plot holders in such manner and subject to such conditions as may be prescribed.
(3) The allottee shall on fulfilment of the conditions be deemed to be a valid transferee of the plot from the Colonizer and the power of the prescribed authority as manager of the plot shall come to an end.
The right, title or interest of the colonizer in the land under illegal colonization, shall upon and from the date of conviction of the Colonizer under sub-section (3) of Section 61-D stand forfeited and vested in the Gram Panchayat free from all encumbrances.]
(1) The State Government may by notification and subject to such conditions and restrictions as it may think fit to impose, vest in a Gram Panchayat, Janpad Panchayat or Zila Panchayat as the case may be, any property vested in the State Government.
(2) The State Government may, resume any property vested in the Panchayat under sub-section (1). No compensation other than the amount paid by the Panchayat for such transfer or the market value at the date of resumption of any building or works erected or executed on such property by the Panchayat shall be payable :
Provided that no compensation shall be payable in respect of building, structure or works constructed or erected in contravention of terms and conditions of the vesting.
The State Government may assign to a Panchayat such taxes, tolls and fees levied and collected by the State Government and may make grant-in-aid from the consolidated fund of the State for such purpose and subject to such conditions and limits as the State Government may deem fit.
The State Government shall make grant-in-aid to the Panchayats as may be decided on the basis of recommendations of the State Finance Commission.
(1) No immovable property vested in or belonging to a Panchayat shall be transferred by sale, gift, mortgage or exchange or by lease for a period exceeding three years, or otherwise except with the sanction of the State Government or any officer authorised by it in this behalf.
(2) The procedure of transfer of immovable property shall be such as may be prescribed.
(1) Every Panchayat shall establish a fund to be called the Panchayat Fund and all sums received by the Panchayat, shall form part of the said Fund.
(2) Subject to the provisions of this Act and the rules made thereunder, all property vested in the Panchayat and the Panchayat Fund shall be applied for the purposes of this Act or for other purposes connected with activities for the development of Panchayats generally or for such other expenses as the State Government may approve on an application of Panchayat or otherwise in the public interest. The Panchayat Fund shall be kept in the nearest Government Treasury or Sub-Treasury or Post Office or Co-operative Bank or Scheduled Bank or its branch.
(3) An amount allotted to the Panchayat by the State Government or any other person or local authority for any specified work or purpose shall be
The mode of the executing the contracts by the Panchayats shall be such as may be prescribed.
Subject to the previous sanction of the State Government or the prescribed authority the Panchayat may make grant-in-aid for any work of public utility.
(1) The State Government or the prescribed authority may appoint a Secretary for a Gram Panchayat or group of two or more Gram Panchayats :
Provided that the person holding the charge of a Secretary of Gram Panchayat immediately before the commencement of this Act shall continue to function as such till a Secretary is appointed in accordance with this section.
1[Provided further that a person shall not hold charge of a Secretary of Gram Panchayat, if such a person happens to be relative of any office-bearer of the concerned Gram Panchayat.
Explanation.--For the purpose of this sub-section the expression "relative" shall mean father, mother, brother, sister, husband, wife, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law.]
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(1) Subject to the provisions of Section 69 every panchayat may with previous approval of prescribed authority appoint such other officers and servants as it considers necessary for the efficient discharge of its duties.
(2) The qualification, method of recruitment, salaries, leave, allowance and other conditions of service including disciplinary matters of such officer and servants shall be such as may be prescribed.
The State Government may depute to the service of the Panchayat such of its servants as it considers necessary. The service conditions of such deputed servants shall be such as may be prescribed, by the State Government from time to time.
The functions of Secretary of a Gram Panchayat, Chief Executive Officer of Janpad Panchayat and 1[Chief Executive Officer of Zila Panchayat] shall be such as may be prescribed.
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1. Substituted by M.P. Act No. 26 of 1994 (w.e.f. 30-5-1994).
(1) Every Panchayat shall prepare annually in such form and in such manner and by such date, as may be prescribed, budget estimates, of its receipts and expenditure for the next financial year.
(2) The budget estimates prepared under sub-section (1) shall be approved by such authorities and in such manner as may be prescribed.
(3) The annual accounts and report of administration by panchayats shall be presented to the prescribed authority in the prescribed manner.
1[(1) Every tenure holder and Government lessee shall be liable to pay for each revenue year for the purpose of this Act, a cess in respect of land held by him within the 2[Gram Sabha area] at the rate of fifty paise on every rupee or part thereof exceeding fifty paise on the land revenue or rent assessed on such land.
(2) A 2[Gram Sabha] may increase the rate specified in sub-section (1) to the extent of ten rupees through a resolution passed to this effect in the prescribed manner.
(3) The cess levied under sub-sections (1) and (2) and the development tax levied under sub-section (3) of Section 77 shall be in addition to the land revenue or rent or any other cess or tax on such land under the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) or under any other enactment for the time being in force and shall be payable and collect
The duty imposed under the Indian Stamp Act, 1899 (No. 2 of 1899), on instrument relating to sale, gift or mortgage of immovable property situated within the block be increased by one percent on the value of such properly or in the case of mortgage on the amount secured by the instrument :
1[Provided that such extra stamp duty levied in respect of mortgage shall not exceed the amount of stamp duty thereon :
Provided further that no extra stamp duty is leviable in respect of any instrument exempted from stamp duty under the Indian Stamp Act, 1899 or the rules made thereunder.]
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1. Inserted by M.P. Act No. 2 of 1997 (w.e.f. 7-1-1997).
1[(1) There shall be constituted and operated in such manner as may be prescribed by the State Government, a separate fund at the district level by the name "District Panchayat Raj Fund" (hereinafter referred to as the "said Fund").
2[(2) The proceeds of development tax under sub-section (3) of Section 77 along with such other taxes, duties, tolls, fees and other receipts as may be specified by the State Government shall, after deducting the collection charges, as may be determined by the State Government from time to time, be credited into the said fund.
(3) The proceeds of the extra stamp duty under Section 75 shall first be credited to the Consolidated Fund of the State in such manner as may be prescribed and the State Government shall at the commencement of each financial year, if the Legislative Assembly by appropriation made by law
1[2[(1) x x x]
2[(2) x x x]
(3) The development tax realised under sub-section (3) of Section 77 from a Janpad Panchayat area shall be transferred to the concerned Janpad Panchayat and the Gram Panchayats within that Janpad Panchayat, in such proportion and manner as may be prescribed.
(4) The amount pertaining to extra stamp duty, shall be paid to Janpad Panchayats as grant-in-aid subject to such rules as may be made in this behalf.
(5) The amount realised in the fund pertaining to other taxes, duties, tolls, fees and other receipts specified under sub-section (2) of Section 76, shall be distributed among the Panchayats in such manner, as may be prescribed.]
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(1) Subject to the provisions of this Act and to such conditions and exceptions, as may be prescribed every Gram Panchayat and Janpad Panchayat shall impose the taxes specified in Schedule I.
(2) With the previous approval of the Janpad Panchayat, a Gram Panchayat and with the previous approval of the Zila Panchayat, a Janpad Panchayat may impose any of the taxes specified in the Scheduled II.
(3) A Janpad Panchayat may levy development tax on agriculture land. The tax so levied shall be payable in the same manner as land revenue.
1[(1) Subject to the previsions of this Act and to such conditions and exceptions as may be prescribed, every Gram Sabha shall impose the taxes specified in Schedule I-A.
(2) A Gram Sabha may impose any of the taxes specified in Schedule II-A.]
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1. Inserted by M.P. Act 3 of 2001 (w.e.f. 26-1-2001).
(1) The State Government may make rules to regulate the imposition, assessment, collection and sharing of taxes under Section 77.
(2) No objections shall be taken to any assessment nor shall be the liability of any person to be assessed or taxed be questioned otherwise than in accordance with the provisions of this Act or the rules made thereunder.
An appeal against any tax, imposed under Section 77 may be preferred to the prescribed authority in such manner and within such time as may be prescribed and the decision of such authority shall be final.
The Panchayat may by public auction in the prescribed manner, lease the collection of any fee specified in Schedule III.
Any arrear of tax, or fee and fines imposed, or any amount due under this Act shall be recoverable by the Collector as if it were an arrear of land revenue.
1[When a person is in default in making a payment of any lax, fee, rate or any other amount due, shall in addition to the amount of arrears, be liable, by way of penalty, to pay a sum of five hundred rupees or ten times the amount of such tax, fee, rate or any other amount due, whichever is higher.]
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1. Substituted by M.P. Act No. 26 of 1994 (w.e.f. 30-5-1994).
(1) If on a complaint made to it or otherwise it appears to the State Government that any tax imposed by a Panchayat is excessive in its incidence on tax payer it may, after calling a report from the Panchayat in this regard, abolish any tax or suspend or reduce the amount or rate of any tax.
(2) The State Government may, on its own motion or otherwise after giving the Panchayat an opportunity of expressing its view in the matter, by order, exempt from the payment of any tax in whole or in part any person or class of persons or any property or description of properties subject to such conditions as may be specified in such order.
(1) The officer of the State Government duly authorised by the State Government in this behalf may, subject to such terms as may be prescribed, inspect the proceedings of a Panchayat.
(2) The officers authorised under sub-section (1) shall, for the inspection of the Panchayats, exercise such powers as may be prescribed.
(3) The office-bearers, and the officers and servants of the Panchayat shall be bound to afford access to all such information and records as may be demanded by the inspecting authority.
(1) The State Government or the prescribed authority may by an order in writing and for reasons to be stated therein suspend the execution of any resolution passed, order issued, licence or permission granted or prohibit the performance of any act by a Panchayat, if in his opinion,--
(a) such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorised;
(b) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or is contrary to any law; or
(c) the execution of such resolution or order, or the continuance in force of such licence or permission or the doing of such act is likely,--
(i) to cause loss, waste or misapplication of any money or damage to any property
1[(1) The State Government or the prescribed authority may, by an order in writing, direct any Panchayat to perform any duty imposed upon it, by or under this Act, or by or under any other law for the time being in force or any work as is not being performed or executed, as the case may be, by it and the performance or execution thereof by such Panchayat is, in the opinion of the State Government or prescribed authority, necessary in public interest].
(2) The Panchayat shall be bound to comply with direction issued under sub-section (1) and if it fails to do so 1[the State Government or the prescribed authority shall have all necessary powers to get the directions complied with at the expense, if any, of the Panchayat] and in exercising such powers it shall be entitled to the same protection and the same extent under this Act as the Panchayat or its officers or servants whose power
(1) If at any time it appears to the State Government or the prescribed authority that a Panchayat is persistently making default in the performance of the duties imposed on it by or under this Act or under any other law for the time being in force, or exceeds or abuses its powers or fails to carry out any order of the State Government or the competent authority, the State Government or the prescribed authority, may after such enquiry as it may deem fit, by an order dissolve such Panchayat and may order a fresh constitution thereof.
(2) No order under sub-section (1) shall be passed unless reasonable opportunity has been given to the Panchayat for furnishing its explanation. The notice calling explanation shall be addressed to the Sarpanch or President of Gram Panchayat, Janpad Panchayat or Zila Panchayat as the case may be, and shall be served according to the provisions of Sectio
The State Government may,from time to time, cause an inquiry to be made by any of its officers in regard to any Panchayat on matters concerning it or to any matter with respect to which the sanction, approval, consent or order of the State Government is required by or under this Act or the rules made thereunder or under any law for the time being in force.
(1) Every Panch, member, office-bearer, officer or servant of Panchayat 1[or Gram Nirman Samiti and Gram Vikas Samiti] 2[or Committee of Gram Sabha] shall be personally liable for loss, waste or misapplication of any money or other property of the Panchayat 1[or Gram Nirman Samiti and Gram Vikas Samiti] 2[or Committee of Gram Sabha] to which he has been a party or which has been caused by him by misconduct or gross neglect of his duties. The amount required for reimbursing such loss, waste, or misapplication shall be recovered by the prescribed authority :
Provided that no recovery shall be made under this section unless the person concerned has been given a reasonable opportunity of being heard.
(2) If the person concerned fails to pay the amount, such amount shall be recovered as arrears of land revenue and credited to the funds of the
(1) In the event of any dispute arising between two or more Panchayats or Panchayat and any other local authority in any matter in which they are jointly interested such dispute shall be referred to the State Government and the decision of the State Government thereon shall be final :
Provided that if the dispute is between a Panchayat and a Cantonment Board the decision of the State Government shall be subject to approval of the Central Government.
(2) The State Government, may by rules made under this Act, regulate the relations between Panchayats and Panchayat and other local authorities in matters in which they are jointly interested.
An appeal or revision against the orders or proceedings of a Panchayat and other authorities under this Act, shall lie to such authority and in such manner as may be prescribed.
(1) Where the prescribed authority is of the opinion that any person has unauthorisedly in his custody any record or article or money belonging to the Panchayat, 1[or Gram Nirman Samiti and Gram Vikas Samiti] 2[or Committee of Gram Sabha] he may, by a written order, require that the record or article or money be delivered or paid forthwith to the Panchayat 1[or Gram Nirman Samiti and Gram Vikas Samiti] 2[or Committee of Gram Sabha], in the presence of such officer as may be appointed by the prescribed authority in this behalf.
(2) If any person fails or refuses to deliver the record or article or pay the money as directed under sub-section (1), the prescribed authority may cause him to be apprehended and may send him with a warrant in such form as may be prescribed, to be confined in a Civil Jail for a period not longer than thirty days.
(1) The State Government, may by notification, delegate to or confer on any officer subordinate to it or to any Panchayat all or any of the powers conferred upon it by or under this Act, except the powers relating to framing of rules.
(2) The powers delegated under sub-section (1) shall be exercised in accordance with the general or special order issued by the State Government in this behalf.
(3) The State Government may by notification prescribe various authorities under this Act.
In all matters connected with this Act or the rules made thereunder all officers empowered to act by or under this Act shall be subject to the same control by the same authority under whose administrative control they normally perform the functions of their office.
(1) The State Government may make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the matters which under any provision of this Act, are required to be prescribed or to be provided for by rules.
(3) All rules shall be subject to the condition of previous publication.
(4) All rules shall be laid on the table of Legislative Assembly.
(5) In making any rule, the State Government may direct that a breach thereof shall be punishable with fine which may extend to two hundred fifty rupees and in the case of continuing breach with a further fine which may extend to five rupees for every day during which the breach continues after the
(1) A 1[Panchayat or Gram Sabha] may make bye-laws consistent with this Act and rules made thereunder.
(2) In making bye-laws under sub-section (1) the 2[Panchayat or Gram Sabha] may direct that a breach thereof shall be punishable with a fine which may extend to two hundred fifty rupees and in the case of the continuing breach with a further fine which may extend to five rupees for every day during which the breach continues after the first conviction.
(3) A bye-law shall not come into force until it has been confirmed by the prescribed authority.
(4) The manner of making bye-laws and their approval shall be such as may be prescribed.
___________________________
1. Substituted by M.P. Act No. 3 of 2001 (
(1) The State Government may from time to time make model bye-laws for the guidance of 1[Panchayat or Gram Sabha].
(2) The State Government may direct 1[Panchayat or Gram Sabha] to adopt a model bye-law after modifying the same to suit the local conditions.
(3) If the 1[Panchayat or Gram Sabha] fails to comply with a direction under sub-section (2) within six months the State Government may apply to such 1[Panchayat or Gram Sabha] such model bye-laws.
(4) The provisions of sub-section (4) of Section 96 shall apply to the adoption or application of bye-laws under this section.
___________________________
1. Substituted by M.P. Act No. 3 of 2001 (w.e.f. 26-1-2001).
(1) Whosoever acts as a panch or member of Panchayat knowing that he is not entitled or has ceased to be entitled to hold office as such, shall on conviction be punished with a fine which may extend to fifty rupees for every day on which he sits or votes as such panch or member.
(2) Whoever acts as Sarpanch or Up-Sarpanch, President or Vice-President, knowing that he is not entitled or has ceased lo be entitled to hold office as such shall, on conviction, be punished with a fine which may extend to one hundred rupees for every day on which he acts or functions as such.
1[(3) Any person whose term of office has expired or who has tendered resignation or against whom a no confidence motion has been passed or who has been removed from an office of the Panchayat fails to hand over forthwith any record, article or money or other properties ve
Whosoever, having interest in any matter under consideration of a Panchayat votes in that matter shall, on conviction, be punished with a fine which may extend to two hundred fifty rupees.
If a member or office bearer or servant of Panchayat knowingly acquires, directly or indirectly any personal share or interest in any contract or employment, with, by or on behalf of a Panchayat without the sanction of or permission of the prescribed authority he shall be deemed to have committed an offence under Section 168 of the Indian Penal Code, 1860 (XLV of 1860).
Any person who prevents any officer or servant of a Panchayat or any person to whom such officer or servant has, lawfully delegated his powers of entering on or into and any place, building or land from exercising his lawful powers of entering thereon or therein, shall be deemed to have committed an offence under Section 341 of the Indian Penal Code, 1860 (No. XLV of 1860).
Any person obstructing any member, office-bearer or servant of a Panchayat or any person with whom a contract has been entered into by or on behalf of a Panchayat in the discharge of his duties or anything shall on conviction be punished with a line which shall extend to two hundred fifty rupees.
Any person who without authority in that behalf removes, destroys, defaces or otherwise obliterates any notice exhibited or any sign or mark erected by, or under the order of a Panchayat or any of its officers shall on conviction be punished with a fine which may extend to fifty rupees.
Any person required by this Act or the rules made thereunder or notice or other proceedings issued thereunder to furnish any information omits to furnish such information or knowingly furnishing wrong information shall, on conviction be punished with a fine which may extend to two hundred fifty rupees.
(1) No member or servant of a Panchayat or any officer having any duty to perform in connection with the sale of movable or immovable property under this Act shall directly or indirectly bid for or acquire interest in any property sold at such sale.
(2) Any person who contravenes the provisions of sub-section (1) shall on conviction, be punished with fine which may extend to two hundred fifty rupees and if he is an officer or servant of a Panchayat, he shall also be liable to be removed from service.
If through any act, neglect or default on account of which any person shall have incurred any penalty imposed by or under this Act and any damage to the property of any Panchayat have been caused by any such person, he shall be liable to make good such damage, as well as to pay such penalty and the value of the damage, shall in case of dispute, be determined by the Magistrate, by whom the person incurring such penalty has been convicted and on non-payment of such value on demand, the same shall be recoverable as arrears of land revenue.
No suit shall be maintainable against any 1[(Panchayat or Gram Sabha], or any of its committee or any office-bearer, officer or servant thereof or any person acting under the direction of any such 1[Panchayat or Gram Sabhaj its committee, office-bearer, officer or servant in respect of anything in good faith done or intended to be done under this Act or under any rules or bye-laws made thereunder.
_____________________
1. Substituted by M.P. Act No. 3 of 2001 (w.e.f. 26-1-2001).
(1) No suit shall be instituted against any 1[Panchayat or Gram Sabha] or any office-bearer, officer or servant thereof or any person acting under the direction of any of the authorities, mentioned in this Act for anything done or purporting to be done under this Act unless a notice under Section 80 of the Civil Procedure Code, 1908 (No. V of 1908) has been duly served.
(2) Every such suit shall be dismissed unless it is instituted within six months from the date of the accrual of the alleged cause of action.
(3) Nothing in this section shall be deemed to apply to any suit instituted under Section 38 of the Specified Relief Act, 1963 (No. 47 of 1963).
_____________________
1. Substituted by M.P. Act No. 3 of 2001 (w.e.f. 26-1-2001).
1[With the previous permission of the Collector suit against any office-bearer, officer or servant of a 1[Panchayat or Gram Sabha] arising out of anything done or any action taken by him under this Act or the rules or bye-laws made thereunder, shall be defended by the 1[Panchayat or Gram Sabha] concerned on behalf of such person and the expenses incurred on such defence shall be paid out of the funds of the 1[Panchayat or Gram Sabha] concerned.
_____________________
1. Substituted by M.P. Act No. 3 of 2001 (w.e.f. 26-1-2001).
(1) No objection shall be taken to any valuation, assessment or levy in any manner other than the manner provided in this Act and the rules made thereunder.
(2) No suit for damages or for specific performance shall be maintainable against any 1[Panchayat or Gram Sabha] or any office-bearer, officer or servant thereof, on the ground that any of the duties specified in this Act have not been performed.
_____________________
1. Substituted by M.P. Act No. 3 of 2001 (w.e.f. 26-1-2001).
Every office-bearer of Panchayat and every officer or servant thereof shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (XLV of 1860).
No act of Panchayat shall be invalid merely by reason of,--
(a) any vacancy in or defect in the constitution thereof; or
(b) any defect in the election, co-option or appointment of a person acting to be office-bearer, thereof; or
(c) any irregularity in its procedure not effecting the merits of the case.
(1) Where any land is required for the purpose of this Act and the Panchayat is unable to acquire it by agreement, the State Government may, at the request of the Panchayat and on the recommendation of the Collector proceed to acquire it under the provisions of Land Acquisition Act, 1894 (No. 1 of 1894) and on payment by the Panchayat of compensation awarded under that Act, and all other charges incurred by the State Government in connection with the proceedings, the land shall vest in the Panchayat on whose account it has been so acquired.
(2) The Panchayat shall not without the previous sanction of the State Government transfer any land which has been acquired under sub-section (1) or divert such land to a purpose other than the purpose for which it has been acquired.
Notwithstanding anything contained in this Act or any rules or bye-laws made thereunder the Central Government or State Government shall not be required to obtain any permission or licence in respect of any property of such Government or any place in occupation or under the control of such Government.
Subject to the restrictions contained in any enactment for the time being in force relating to raising of loans by local authorities, a Panchayat may, with the previous sanction of the State Government raise a loan for carrying out the purposes of this Act :
Provided that nothing contained in the Local Authorities Loans Act, 1914 (No. 2 of 1914) or the Madhya Bharat Local Authorities Loans Act Samvat, 2007 (1950) (No. 64 of 1950) and rules made under the aforesaid enactment shall apply in respect of loan taken from the Government or any other authority constituted under any law for the time being in force and which is in respect of a grant from the State Government.
The irrecoverable sums due to Panchayats and such material as may not be useful shall be written off in the prescribed manner.
No member of a Panchayat shall be granted any remuneration or allowance of any kind whatsoever by the panchayat except in accordance with the rule made in this behalf.
1[Subject to rules made under this Act and on the payment of such fee as may be prescribed the records of 1[Panchayat or Gram Sabha] or any committee thereof, shall be open to inspection to such person, as may desire it and certified copies thereof shall be given to such person as may apply for them on payment of such fee as may be prescribed.
_____________________
1. Substituted by M.P. Act No. 3 of 2001 (w.e.f. 26-1-2001).
Save as otherwise provided in this Act the service of any notice or other documents under this Act or under any rule, bye-law or order made thereunder shall be effected in the prescribed manner.
It shall be lawful for the office-bearers of a 1[Panchayat or Gram Sabha] or officer authorised by such 1[Panchayat or Gram Sabha] in this behalf to enter in connection with any work relating to the 1[Panchayat or Gram Sabha] between sunrise and sunset with such assistants as he may deem necessary into and upon any building or land :
Provided that no building or land which may be occupied at the time shall be entered unless a written notice of twenty four hours has been given to the occupants :
Provided further that in the case of building used as human dwelling due regard shall be paid to the social and religious customs of the occupiers.
___________________
1. Substituted by M.P. Act No. 3 of 2001 (w.e.f. 26-1-2001).
The validity of any law relating to the delimitation of constituencies or the allotment of seats in such constituencies, made or purporting to be made under this Act shall not be called in question in any Court.
(1) An election 1[x x x] under this Act shall be called in question only by a petition presented in the prescribed manner :--
(i) in case of 2[Panchayat or Gram Sabha] to the Sub-Divisional Officer (Revenue);
(ii) in case of Janpad Panchayat to the Collector; and
(iii) in case of Zila Panchayat to the Divisional Commissioner and not otherwise.
(2) No such petition shall be admitted unless it is presented within thirty days from the date on which the election 1[x x x] in question was notified.
(3) Such petition shall be enquired into or disposed of according to such procedures as may be prescribed.
___________________
When any fee has been imposed under this Act or the right to collect it has been leased thereunder, any person employed by the 1[Panchayat or Gram Sabha] concerned or any person duly authorised in this behalf by it or by the lessee to collect such fees, may subject to the condition of the lease to collect the fee expel from the place for the use of which a fee is payable, any persons who is liable to pay the fee but refuses to pay it.
________________
1. Substituted by M.P. Act No. 3 of 2001 (w.e.f. 26-1-2001).
1[Whenever under the provision of this Act any work is required by the owner or occupier of any building or land and default is made in the execution of such work the 1[Panchayat or Gram Sabha], whether any penalty is or is not provided for such default, may cause such work to be executed, and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid to it by the person by whom such work ought to have been executed and in case of default of payment, it shall be recoverable as arrears of land revenue.
________________
1. Substituted by M.P. Act No. 3 of 2001 (w.e.f. 26-1-2001).
(1) The Governor or the authority authorised by him may by order change the headquarters of a Gram Panchayat or alter, the limits of a Gram Panchayat area by including within it any local area in the vicinity thereof or by excluding therefrom any local area comprised therein or amalgamate two or more Gram Panchayat areas and from one Gram Panchayat area in their place or split up a Gram Panchayat area and from two or more Gram Panchayat areas in its place :
Provided that no order under this section shall be made unless a proposal in this behalf is published for inviting suggestions and objections in such manner as may be prescribed an objections are considered.
(2) On the issuance of the order under sub-section (1), the Governor or the prescribed authority shall pass such consequential orders as may be necessary.
(1) The Governor or the authority authorised by him may, by an order in writing, disestablish a village :
Provided that no such order shall be issued unless a notice of the proposal inviting objections from persons likely to be affected thereby the date to be specified therein has been published in the prescribed manner and the objections received have been considered.
(2) On making of the order under sub-section (1), the Governor or the authority authorised by him may pass such consequential orders as may be necessary.
(1) The 1[Governor] may, by notification 2[change the headquarters of a Block or] alter the limits of a Block by including therein any local area in the vicinity thereof or by excluding therefrom any local area comprised therein :
Provided that no such notification shall be issued unless a notice signifying such intention and inviting objections from persons likely to be affected by the alteration in the limits of the Blocks by the date to be specified therein has been published in the prescribed manner and the objections received have been considered :
2[Provided further that no such notification to change the headquarters of a Block shall be issued except to change such headquarters which exist outside the limits of the Block to a place within that Block].
(2) On the issuance of the notifica
Any Government land transferred to a 1[Panchayat or Gram Sabha] shall be managed by such 1[Panchayat or Gram Sabha] in accordance with such rules as the State Government may make in this behalf.
_____________________
1. Substituted by M.P. Act No. 3 of 2001 (w.e.f. 26-1-2001).
(1) There shall be a separate and independent Audit Organisation under the control of the State Government to perform audit of accounts of Panchayats.
(2) The Audit Organisation shall consist of such officers and servants, to be appointed by the State Government, as the State Government may deem fit from time to time.
(3) The manner of audit of Panchayat accounts, payment of audit fees and action on such audit reports shall be such as may be prescribed.
1[Notwithstanding anything contained in this Act and unless the context otherwise requires in this Chapter :--
(a) 'Gram Sabha' means a body consisting of persons whose names are included in the electoral rolls relating to the area of a Panchayat at the village level, or part thereof, for which it is constituted.
(b) "Village" means a village in the Scheduled Areas which shall ordinarily consist of a habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs.
______________________
1. Inserted by M.P. Act No. 43 of 1997 (w.e.f. 5-12-1997).
(1) The Governor shall by public notification specify a "Village" for the purposes of this Chapter.
(2) Ordinarily, there shall be a Gram Sabha for a "village" as defined in sub-section (1) :
Provided that if the member of the Gram Sabha so desired, more than one Gram Sabha may be constituted in a village, in such manner as may be prescribed, and each such Gram Sabha may consist of a habitation or a group of habitation or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with tradition and customs.
1[(3) The quorum of every meeting of Gram Sabha shall not be less than one-tenth of total number of members of the Gram Sabha or five hundred members of the Gram Sabha, whichever is less.]
(4) The meeting of "Gra
In addition to the powers and functions contained in Section 7, the Gram Sabha in Scheduled Areas shall also have the following powers and functions, namely,--
(i) to safeguard and preserve the traditions and customs of the people, their cultural identity and community resources and the customary mode of dispute resolution;
1[(ii) x x x]
(iii) to manage natural resources including land, water and forests within the area of the village in accordance with its tradition and in harmony with the provisions of the Constitution and with due regard to the spirit of other relevant laws for the time being in force;
1[(iv) x x x]
(v) to manage village markets and melas including cattle fair, by whatever name called,
Without prejudice to the generality of powers conferred by this Act, the Gram Panchayat in Scheduled Areas, under the general superintendence, control and direction of the Gram Sabha shall also have the following powers, namely,--
1[(i) x x x]
(ii) to manage village markets and melas including cattle fairs by whatever name called;
1[(iii) x x x]
1[(iv) x x x]
1[(v) x x x]
1[(vi) x x x]
(vii) to exercise control local plans, resources and expenditure for such plans including tribal sub-plans; and
(viii) to exercise and perform such other powers and functions as the State Go
(1) The reservation of seats for Scheduled Castes and Scheduled Tribes in every Panchayat in Scheduled Areas shall be in proportion to their respective population in that Panchayat:
Provided that reservation for Scheduled Tribes shall not be less than one-half of the total number of seats :
Provided further that all seats of Sarpanch or President, as the case may be, of Panchayats at all levels in Scheduled Areas shall be reserved for members of the Scheduled Tribes.
1[Provided also that the Gram Panchayats in the Scheduled Areas which have no population of Scheduled Tribes shall be excluded in prescribed manner from allotment of seats or the offices as the case may be, reserved for Panchas or Sarpanchas belonging to Scheduled Tribes.]
(2) The State
Without prejudice to the generality of powers conferred by this Act, the Janpad Panchayat or the Zila Panchayat, as the case may be, in Scheduled Areas shall also have the following powers, namely,--
(i) to plan, own and manage minor water bodies up to a specified water area;
(ii) to exercise, control over institutions and functionaries in all social sectors transferred to them;
(iii) to exercise control local plans resources and expenditure for such plans including tribal sub-plans; and
(iv) to exercise and perform such other powers and functions as the State Government may confer or entrust under any law for the time being in force].
(1) On and from the date of commencement of this Act the Madhya Pradesh Panchayat Raj Adhiniyam, 1990 (No. 13 of 1990), shall stand repealed (hereinafter referred to as the repealed Act) :
Provided that the repeal shall not affect,--
(a) the previous operation of the repealed Act or anything duly done or suffered thereunder; or
(b) any right, privilege obligation or liability acquired, accrued or incurred under the repealed Act; or
(c) any penalty, forfeiture of punishment incurred in respect of any offence committed against the repealed Act; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, penalty, forfeiture or punishment as aforesaid and any such
Notwithstanding anything contained in this Act or any rules or bye-laws made thereunder the pay and allowances, pension and retirement benefits of all permanent officers and servants or other employees of the Panchayat on the date on which this Act comes into force shall be existing pay and allowances, pension and retirement benefits.
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything not inconsistent with the provisions thereof which appears to it to be necessary or expedient for the purposes of removing the difficulty :
Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act.
(2) Every order made under this section shall be laid on the table of the Legislative Assembly.
SCHEDULE I
[See sub-section (1) of Section 77]
A. OBLIGATORY TAXES TO BE IMPOSED BY GRAM PANCHAYATS
1[1. to 4.]
5. Market fees on persons exposing goods for sale in any market or at any place or any building or structure therein belonging to or under the control of the Gram Panchayat.
6. A fees on the registration of cattle sold in any market or in any place belonging to or under the control of the Gram Panchayat.
7. 2[x x x]
B. TAX TO BE IMPOSED BY JANPAD PANCHAYAT
A tax on theatre or theatrical performances and other performances of public entertainments.
1[SCHEDULE I-A
[See Section 77-A]
OBLIGATORY TAXES TO BE IMPOSED BY GRAM SABHA
(1) A property tax on the lands or buildings or both, the capital value of which including the value of the land is more than 6000 Rupees other than,--
(a) the buildings and lands owned or vested in the Union or State Government, Gram Sabha, Gram Panchayat, Janpad Panchayat, or Zila Panchayat;
(b) the buildings and lands or portions thereof used exclusively for religious or educational purposes including boarding houses 2[:]
3[Provided that in the case of Special Economics Zone, the Development Commissioner may impose property tax on the lands or buildings or both.]
&n
SCHEDULE II
[See sub-section (2) of Section 77]
A. OTHER OPTIONAL TAXES FEES ETC. TO BE IMPOSED BY GRAM PANCHAYATS
1[1. & 2. omitted.]
3. A tax on the bullock-carts, bicycles, rickshaws used for hire within the limits of Gram Panchayat area.
1[4. omitted.]
5. A water rate where arrangements are made by the Gram Panchayat for regular supply of water.
6. Fees for drainage where system of drainage has been introduced by the Gram Panchayat.
1[7. omitted.]
8. A fees payable by the owners of the vehicles other than motor-vehicle, wher
1[SCHEDULE II-A
[See Section 77-A]
OTHER OPTIONAL TAXES, FEES ETC. TO BE IMPOSED BY GRAM SABHA
1. A tax on building not covered under Item (1) of Schedule I-A.
2. A tax on animals used for riding, driving, drought or burden or on dogs or pigs payable by the owners thereof.
3. Fees for the use of sarais, dharamshalas, rest houses, slaughter houses and encamping grounds.
4. A water rate where arrangements are made by the Gram Sabha for regular supply of water.
5. A tax on persons carrying on the profession of purchaser, agent, commission agent, weighman, or a measurer within the meaning of Madhya Pradesh Krishi Upaj Ma
SCHEDULE III
[See Section 80]
LEASE OF COLLECTION OF FEES BY GRAM PANCHAYATS
1. A fees on persons exposing goods for sale in any market or any place belonging to or under the control of Gram Panchayat or for the use of any building or structure therein.
2. A fees on the registration of cattle sold in any market or place belonging to it under the control of the Gram Panchayat.
3. A fee for the use of sarais, dharamshalas, rest houses, slaughter houses and encamping grounds.
4. A fee for bullock-cart stand or tonga stand.
5. A fee for grazing cattle over the grazing grounds vested in Gram Panchayat.
&nbs
SCHEDULE IV
[See sub-section (1) of Section 53]
1. Agriculture, including agricultural extension.
2. Land improvement and soil conservation.
3. Minor irrigation, water management and watershed development.
4. Animal husbandry, dairying and poultry.
5. Fisheries.
6. Social Forestry and farm forestry.
7. Minor forest produce.
8. Small scale industries, including food processing industries.
9. Khadi Village and Cottage Industries.
10. Rural Ho
Schedule 4 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, delineates the powers, functions, and responsibilities delegated to Gram Panchayats and other Panchayati Raj institutions. It provides a framework for local self-governance, specifying the scope of authority and administrative functions, ensuring decentralization of power, and promoting grassroots democracy.
Schedule 4 enumerates the specific powers conferred upon Gram Panchayats, including but not limited to:- Imposition of taxes and fees (e.g., property tax, water tax, market fees) [Section 77A].- Maintenance of local infrastructure such as roads, drainage, and street lighting.- Regulation of markets, fairs, and festivals.- Management of primary health, sanitation, and public health initiatives.- Implementation of rural development schemes.- Control over minor irrigation, land development, and village sanitation.- Supervision of primary education and local cultural activities.- Execution of schemes related to poverty alleviation and employment generation.
It essentially stipulates the extent of the Panchayats' autonomous powers, subject to the limits prescribed by the Act and rules.
In conclusion, Schedule 4 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, provides a comprehensive framework for local self-governance, empowering Panchayats with specific powers for development and administration. These powers are circumscribed within the limits of the Act, and violations or illegal exercises are punishable under criminal law, with courts emphasizing adherence to principles of natural justice and statutory compliance.
Note: References are based on the judicial interpretations, case laws, and provisions from the sources provided, especially the judgments and legal principles discussed therein.
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