[Act
No. 26 of 1994] [27th September 1994] An
Act to amend the Madhya Pradesh Panchayat Raj Adhiniyam, 1993. Be
it enacted by the Madhya Pradesh Legislature in the forty-fifth year of the
Republic of India as follows:- This
Act may be called the Madhya Pradesh Panchayat Raj (Sansodhan) Adhiniyam, 1994. In
Section 2 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994)
(herein-after referred to as the Principal Act), for clauses (iv) and (v), the
following clauses shall be substituted, namely:- "(iv) "Election"
means an election to fill a seat or seats in a Panchayat and includes election
of Sarpanch of Gram Panchayat. (v) "Election
Proceedings" means the proceedings commencing from the issue of the notice
for election and ending with the declaration of results of such election." In
Section 6 of the Principal Act,- (i) in sub-section (1), for the opening words "There shall
be held at least one meeting of a Gram Sabha every year", the words
"There shall be held at least one meeting of the Gram Sabha in every three
months" shall be Substituted; (ii) after sub-section (5), the following sub-section shall be
inserted, namely:- "(6) It shall be
open the Gram Sabha to discuss any matter relating to the functions of the Gram
Panchayat and the Gram Panchayat shall carry out the recommendations made by
the Gram Sabha". In
Section 7 of the Principal Act,- (i)
for the existing marginal heading, the
following marginal heading shall be substituted namely:- "Annual
meeting of Gram Sabha''. (ii) in sub-section (1) for the opening words "The meeting
of the Gram Sabha in every Year" The words "The annual meeting of the
Gram Sabha" shall be substituted. (iii) in sub-section (2) for the words "consider the
suggestions, if any", the words "carry out the recommendations"
shall be substituted. For
the proviso to section 10 of the Principal Act, the following proviso shall be
substituted:- "Provided
that every Municipal Corporation, Municipal Council or Nagar Panchayat
constituted under the relevant law for the time being in force shall from a
separate administrative unit for the area within its jurisdiction". In
Section 13 of the Principal Act,- (i)
for sub-section (1), the following
sub-section shall be substituted, namely:- "(1) Every Gram
Panchayat shall consist of elected Panchas and a Sarpanch". (ii)
for sub-section (2), the following
sub-section shall be substituted, namely:- "(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-section (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 Panch in accordance with this sub-section: Provided
also that if any village or ward again fails to elect a Sarpanch or as the case
may be a Panch, fresh election proceedings shall not be commenced in such
village or as the case may be in such ward unless the State Election Commission
is satisfied that there is likelihood of the village or as the case may be a
ward electing a Sarpanch or a Panch; and in case the Commission decides not to
hold fresh election of Sarpanch, the Sarpanch elected under the first proviso
shall continue to discharge all the functions of Sarpanch under the Act" (iii) Sub-section (3) shall be omitted. (iv) Second proviso to sub-section (6) shall be omitted. (v) sub-section (7) shall be omitted. In
sub-section (2) of Section 14 of the Principal Act, for the words "elected
or coopted, as the case may be" the words "elected" shall be
substituted and the word "Gram" shall be omitted. Section
16 of the Principal Act shall be omitted. For
sub-section (5) of Section 17 of the Principal Act, the following sub-section
shall be substituted, namely:- "(5) The
Prescribed Authority shall, as soon as may be after every election call a
meeting of the elected panchas and Sarpanch for the purpose of election of
Up-sarpanch and subject to the Provisions of sub-section (7) the 3ram Panchayat
shall, in the meeting, so called elect from amongst its elected members an
Up-sarpanch." In
Section 18 of the Principal Act,- (i)
for sub-section (1), the following
sub-section shall be substituted, namely:- "(1) The newly
elected Sarpanch shall be deemed to have assumed the charge of the office with
effect from the date of first meeting as provided in Section 20." (ii)
for sub-section (2), the following
sub-section shall be substituted, namely:- "(2) If the
outgoing Sarpanch fails or refuses to hand over any papers or property in his
possession to the newly elected Sarpanch, the prescribed authority may by
order, in writing direct the outgoing Sarpanch to hand over forthwith all
papers and property in his possession as Sarpanch to the new Sarpanch,
Up-sarpanch or Secretary of the Gram Panchayat, as the case may be". For
Section 19 of the Principal Act, the following Section shall be substituted,
namely:- "19.
Notification of election Every
Election of Sarpanch, Up-sarpanch and Panchas shall be published by the
prescribed authority in such manner as may be prescribed". For
clause (1) of the proviso to sub-section (2) of Section 20 of the Principal
Act, the following clause shall be substituted, namely:- "(i) on his ceasing to be a voter of the Gram
Panchayat area; or'' In
Sections 22 of the Principal Act,- (i) clause (ii) of sub-section (1) shall be omitted. (ii) sub-section (2), (3), (4), (5) and (6) shall be omitted. (iii) for sub-section (7), the following sub-section shall be
substituted, namely:- (7) If any
constituency fails to elect a member, fresh election proceedings shall be
commenced in such constituency within six months to fill the seat: Provided
that further proceedings of election of President and Vice-President of Janapad
Panchayat shall not be stayed pending the election of a member in accordance,
with this sub-section: Provided
further that if any constituency again fails to elect a member fresh election
proceedings shall not be commenced in such constituency unless the State
Election Commission is satisfied that there is likelihood of the constituency
electing a member." In
Section 23 of the Principal Act,- (i) in sub-section (3) for the word "wards" the word
"constituencies" shall be substituted. (ii) in sub-section (5), for the word "Wards" the word
"constituencies" shall be substituted. Section
24 of the Principal Act shall be omitted. In
Section 25 of the Principal Act,- (i)
for sub-section (1), the following
sub-section shall be substituted, namely:- "(1) The
Prescribed Authority shall, As soon as may be, after the election of the
members call a meeting of the elected members of the Janapad Panchayat for
electing a President and a Vice-President". (ii)
for sub-section (3) the following
sub-section shall be substituted, namely:- "(3) Subject to
the provisions of sub-sections (2) and (4) the President and Vice-President of
the Janapad Panchayat shall be elected by and from amongst the elected members
thereof". For
the existing proviso to sub-section (2) of Section 27 of the Principal Act, the
following proviso shall be substituted, namely:- "Provided
that notwithstanding anything contained in this sub-section an office bearer of
Janapad Panchayat shall cease to hold office forthwith on his ceasing to be a
voter of a Gram Panchayat area within the Block". In
Section 29 of the Principal Act,- (i) Clause (ii) of sub-section (1) and sub-sections (2) and (3)
shall be omitted. (ii) for sub-section (4), the following sub-section shall be
substituted, namely:- "(4) If any
constituency fails to elect a member, fresh election proceedings shall be
commenced in such constituency within six months to fill the seat". Provided
that further proceedings of election of President and Vice-President of Zila
Panchayat shall not be stayed pending the election of a member in accordance
with this sub-section: Provided
further that if such constituency again fails to elect a member, fresh election
proceedings shall not be commenced in such constituency unless the State
Election Commission is satisfied that there is likelihood of such constituency
electing a member. Section
31 of the Principal Act, shall be omitted. In
Section 32 of the Principal Act,- (i)
for sub-section (1), the following
sub-section shall be substituted, namely:- "(1) The
prescribed authority shall, as soon as may be, after the election of members,
call a meeting of the elected members of Zila Panchayat for electing president
and Vice President". (ii)
for sub-section (3), the following
sub-section shall be substituted, namely:- "(3) Subject to
the provisions of sub-sections (2) and (4) the President and the Vice President
of the Zila Panchayat shall be elected by and from amongst the elected members
thereof". Clause
(b) of the proviso to sub-section (2) of Section 34 of the Principal Act shall
be omitted. In
sub-section (2) of Section 36 of the Principal Act, the words "nominated
or co-opted" shall be omitted. For
sub-section (1) of Section 38 of the Principal Act the following sub-section
shall be substituted, namely:- "(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 occured 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; (b)
Till such time as the aforesaid Vacancy is filled the Up-Sarpanch of the Gram
Panchayat or the Vice President of Janapad Panchayat or Zila Panchayat, as the
case may be, shall hold office of the Sarpanch of the Gram Panchayat or
resident of the Janapad Panchayat or Zila Panchayat, as the case may be, and
such person shall be deemed to have assumed charge of such office immediately
on the occurence of the vacancy. (c)
If the Out-going office bearer fails to hand over any record, article, money or
property of the Panchayat forthwith to his successor the Prescribed authority may
by order in writing direct him to do so and on his failure to comply with such
direction the prescribed authority may proceed against him in accordance with
Section 92 and take necessary steps to prosecute him under Section 98". In
sub-section (4) of Section 39 of the Principal Act the words "coopted or
appointed" shall be omitted. In
sub-section (2) of Section 40 of the Principal Act, the words "coopted or
appointed" shall be omitted. For
Section 41 of the Principal Act, the following Section shall be substituted,
namely:- After
Section 42 of the Principal Act, the following Section shall be and shall be
deemed to have been inserted from the commencement of the Principal Act
namely:- "42-A.
Power to appoint officers and staff and to assign duties and functions to them (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". For
Section 43 of the Principal Act, the following Section shall be substituted,
namely:- "43.
Power to make Rules 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". In
Section 44 of the Principal Act,- (i) in sub-section (4) for the words "the Secretary of the
Zila Panchayat, Chief Executive-Officer of the Janapad Panchayat or Secretary
of the Gram Panchayat" the words "the Chief Executive Officer of the
Zila Panchayat or Janapad Panchayat or Secretary of the Gram Panchayat as the
case may be" shall be substituted; (ii) in sub-section (5) for the words "by the Chief
Executive Officer of Janapad Panchayat or Secretary of the Zila Panchayat as
the case may be" the words "by the Chief Executive Officer"
Shall be substituted; (iii) in sub-section (6) for the words "the Secretary of the
Zila Panchayat, Chief Executive Officer of the Janapad Panchayat or the
Secretary of the Gram Panchayat, as the case may be" the word "the
Chief Executive Officer of the Zila Panchayat or Janapad Panchayat or the
Secretary of the Gram Panchayat as the case may be" shall be substituted. (iv) in sub-section (7) the words "Zila Pradhan" shall
be omitted. In
Section 47 of the Principal Act,- (i) in sub-section (1), for the word "members" the
word "elected member" shall be substituted; (ii) after sub-section (2), the following sub-section shall be
inserted, namely:- "(2-a) The Janapad Panchayat or Zila Panchayat may
with the approval of the prescribed authority re-allocate the matters entrusted
to any committee under sub-section (1) or sub-section (2) to any other such
committees or entrust such committees any other matters not otherwise
specified." (iii)
in sub-section (4), after the second
proviso, the following proviso shall be inserted, namely:- "Provided
also that- (a) every member of the Legislative Assembly who is a member of
Janapad Panchayat shall be ex-officio member of each committee of that
Panchayat; (b) every Member of Parliament who is a member of a Zila
Panchayat shall be ex-officio member of any two committees of his choice in
that panchayat; and (c) every committee of Zila Panchayat shall co-opt not more
than two members of the Legislative Assembly who are members of that Panchayat
subject to the condition that a member of the Legislative Assembly shall not be
a member of more than two committees". (iv) for sub-section (5), the following sub-section shall be
substituted, namely:- "(5) Every
Committee except the General Administration Committee shall from amongst its
elected members elect a Chairperson within such time and in such manner as may
be prescribed and in case of the General Administration committee the President
of Zila Panchayat or as the case may be, of Janapad panchayat shall be its
Chairperson". In
the marginal heading of Section 52 of the Principal Act, for the word
"Parishad" the word "Panchayat" shall be substituted. In
Section 56 of the Principal Act, for the words "two hundred fifty
rupees" the words "one thousand rupees" and for the words
"five rupees", the words "twenty rupees", shall be substituted. In
Section 60 of the Principal Act, for the words "two hundred and fifty
rupees", the words "one thousand rupees" shall be substituted. In
sub-section (6) of Section 66 of the Principal Act, for the word
"Secretary" the words "Chief Executive Officer" shall be
substituted. In
Section 69 of the Principal Act,- (i) in sub-section (2) for the words "Zila Panchayat"
the words "Janapad Panchayat" shall be substituted. (ii) for sub-section (3), the following sub-section shall be
substituted, namely:- "(3) The State
Government shall appoint for every Zila Panchayat a Chief Executive Officer and
may also appoint an additional Chief Executive officer who shall discharge such
functions and perform such duties as may be assigned to him by the Chief
Executive Officer". (iii) in sub-section (4), for the words "Chief Executive
Officer of Janapad Panchayat or Secretary of Zila Panchayat "whereever
they occur the words "Chief Executive Officer of Janapad Panchayat or Zila
Panchayat" shall be substituted, (iv) in sub-section (5) of the words "Chief Executive
Officer of Janapad Panchayat and the Secretary of Zila Panchayat" the
words "the chief Executive Officer of the Janapad Panchayat and Zila
Panchayat" shall be substituted. In
Section 72 of the Principal Act, for the words "Secretary of Zila
Panchayat" the words "Chief Executive Officer of the Zila
Panchayat" shall be substituted. For
Section 82 of the Principal Act, the following section shall be substituted,
namely:- "82.
Penalty for evasion When
a person is in default in making a payment of any tax, 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". In
sub-section (5) of Section 92 of the Principal Act, for the word
"five" the word "six" shall be substituted. In
Section 98 of the Principal Act,- (i) in the marginal heading the words "Zila Pradhan"
and Zila Up-Pradhan" shall be omitted; (ii) for sub-section (3), the following sub-section shall be
substituted, namely:- "(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 vested in or belonging to the panchayat which are in
his possession or control to his successor in office shall on conviction be
punished with a fine which may extend to rupees two thousand". In
Section 122 of the Principal Act,- (i) in sub-section (1), the words "orcooption" shall
be omitted. (ii) in sub-section (2), the words "or cooption" shall
be omitted. For
sub-section (4) of Section 130 of the Principal Act, the following sub-section
shall be substituted, namely:- "(4) The assets
and liabilities of existing Janapad Panchayat and Zila Parishad shall stand
transferred to Janapad Panchayat and Zila panchayat respectively constituted
under this Act". The
Madhya Pradesh Panchayat Raj (Sanshodhan) Adhyadesh, 1994 (No. 3 of 1994) is
hereby repealed.THE MADHYA PRADESH PANCHAYAT RAJ
(SANSHODHAN) ADHINIYAM, 1994
PREAMBLE