Court : Madhya Pradesh
Reported in : 2005(2)MPHT346
..... learned counsel appearing for respondents is right in contending that to specify a village or group of villages for establishing a gram panchayat or change of headquarter or alteration in the limits of gram panchayat area either by including or excluding any local area in the vicinity thereof, amalgamation of two or more gram panchayat area to split up a gram panchayat are all legislative functions and this court can not sit in appeal over such functions or decisions specifically in view of the fact that objections of the villagers were duly considered ..... section 125 of the adhiniyam gives power to change the head quarter of gram panchayat, division, amalgamation or alteration of panchayat area. ..... shri yadav submitted that formation of gram panchayat including the amalgamation of village kumadi in the area of gram panchayat, toogni is a legislative function which is not open to interference under article 226 of the constitution of india. ..... according to the petitioners, the impugned notification dated 12-7-2004 has been issued contrary to the provisions of panchayat raj evam gram swaraj adhiniyam, 1993 (hereinafter referred to as 'the adhiniyam' for short). ..... they are aggrieved by the exclusion of village kumadi from the area of erstwhile gram panchayat, bejana and amalgamation of kumadi with the gram panchayat, toogni. ..... thus, the effect of the objection was that the petitioners or the residents of village kumadi did not want change in the area of the erstwhile gram panchayat, bejana. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(3)MPHT343
..... welfare in case of teacher of government school, school receiving grant-in-aid from government and erstwhile non-formal education centres of government, by district project coordinator in case of education guarantee schools, by chief executive officer of concerned panchayat in case of panchayat schools, by officer authorized by the urban local body in case of urban local body school and by district education officer/assistant commissioner/district organiser, tribal welfare in case of honorary teachers appointed by the government.in case of a ..... rule 9 of the rules is pari materia and identically worded for urban as well as panchayat areas, same is quoted below:9. ..... for experience of one year, two years and three years, 05, 10 and 15 marks shall be awarded respectively.explanation:-- (1) teaching experience means an experience of teaching in government schools, local body (panchayat/urban body) schools, schools receiving grant-in-aid from government, education guarantee schools, erstwhile non-formal education centres of the government. ..... it was further held that affirmative action to provide better employment opportunities to people of rural backward areas is not impermissible provided it seeks to achieve overall equality and is supported by scientific study and considerations germane to the constitutional guarantee of equality.7 ..... : [2002]supp1scr317 , the apex court has struck down the weightage on the basis of place of residence which was given to the teachers in panchayat schools. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP170; 2005(2)MPLJ353
..... the village and district levels specified by the governor of a state by public notification to be the intermediate level for the purposes of this part;(d) 'panchayat' means an institution (by whatever name called) of self-government constituted under article 243b, for the rural areas;(e) 'panchayat area' means the territorial area of a panchayat;(f) 'population' means the population as ascertained at the last preceding census of which the relevant figures have been published;(g) 'village' means a village specified ..... --(a) the scheduled castes; and(b) the scheduled tribes,in every panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that panchayat as the population of the scheduled castes in that panchayat area or of the scheduled tribes in that panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a panchayat. ..... of benefits of development schemes in the village;(j) to promote general awareness amongst the people; and(j-i) to exercise control over institutions and functionaries in social sectors transferred to or appointed by gram panchayat through that panchayat;(j-ii) to manage natural resources including land, water, forests within the area of the village in accordance with the provisions of the constitution and other relevant laws for the time being in force;(j-iii) to advise the gram .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(2)MPHT193
..... as has been pointed out on behalf of the state the basis of reservation has been 'the population' figures ascertained from 1991 census and may be that in a given block or panchayat area the reservation of seats is more than 50% but the over all extent of reservations in whole of the state in reserved categories does not exceed 50%. ..... -- reservation is made for each category in proportion to its population in the total population of the district (zila panchayat area).where the percentage of st and sc is 50% or less, 25% of the posts would be reserved for the obcs.panchayats are selected in descending order of population for st and sc arid the remaining are rotated among obcs (if any) by drawing lots. ..... -- reservation is made for each category in proportion to its population in the total population of the block (janpad panchayat area).where the percentage of st and sc is 50% or less, 25% of the posts would be reserved for the obcs.panchayats are selected in descending order of population for st and sc and the remaining are rotated among obcs (if any) by drawing lots. ..... -- reservation is made for seats in each category in proportion to its population in the total population of the janpad panchayat area.where percentage of st and sc is 50% or less, 25% of the seats would be reserved for the obcs.seats are selected in descending order of population for st and sc and the remaining are rotated among obcs (if any) by drawing lots. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP81; 1965MPLJ96
..... without referring to the other provisions, thiswould by itself indicate generally the amount which is likely to be payable by an individual or family of cultivators in the panchayat area as tax to the local authority. ..... but the petitioner's position is something altogether different from that of the usual owner of the houses in the panchayat area. ..... as it actually turns out, the scale of the levy is extremely modest and quite in keeping with the means of almost all the villagers as would be living in the panchayat areas. ..... they state that under section 38 (b) of the madhya bharat panchayat vidhan a gram panchayat is authorised to levy house-tax (bhavan kar) within the area of its jurisdiction at a prescribed rate; the term 'prescribed' being defined bysection 2 (23) of the act as meaning 'prescribed' by rules framed by the government.the act conferred power upon the government by section 116 to frame rules to carry ..... 58 of 1949 that the act is designed to provide for local self government in the rural areas and also for enabling panchayats to carry out development within the sphere of their activity. ..... this is an application by the proprietors of an industrial unit consisting of number of factories in an enclosed area covering more than ten acres and assessed to a building tax (bhavan kar) at the minimum rate of 4 annas per hundred square feet of ground area, by the local authority, which is the gram panchayat susari in tehsil kukshi of district dhar. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP118; 2009(2)MPHT308
..... she has stated that bheraghat is a place for attraction to the tourists and the bheraghat nagar panchayat is providing all facilities to the tourists in the area but power supply to the bheraghat nagar panchayat area has been restricted by the respondent nos. 1 to 4. ..... be constituted,:(a) a municipal council for a smaller urban area; and(b) a nagar panchayat for a transitional area, that is to say, an area in transition from a rural area to an urban area:provided that a municipal council or a nagar panchayat, as the case may be, may not be constituted in such urban area or part thereof as the governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment or a group of such establishments in that area and such other factors as he may deem fit ..... 1 to 4 to ensure supply of electricity to the bheraghat nagar panchayat area treating the same as urban area in accordance with the order issued by the state government under section 37 of the electricity act from time to time. ..... rajesh maindiretta, learned counsel appearing for the petitioner submitted that by a notification date 27-5-1995 bheraghat has been constituted as a nagar panchayat and it will be clear from the language of section 5 of the municipalities act under which bheraghat has been constituted as a nagar panchayat that a nagar panchayat is an area in transition from a rural area to an urban area. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1990MP340; 1990MPLJ556
..... incurred disqualification under the clause by reason of being appointed as a patel under the madhya pradesh land revenue code, 1959 (20 of 1959); or (e) has been dismissed from the service of the state government or central government or the panchayat or any other local authority or a co-operative society or any public sector undertaking under the control of the central government or the state government; or' an analysis of provision of this section 30 shows that persons disqualified for being ..... -- (1) a person shall be disqualified for registration in the list of voters of a gram panchayat area if he - (a) is not a citizen of india; or (b) is of unsound mind and stands as sodeclared by a competent court; or (c)is convicted of an offence under the protection of civil rights act, 1955 (no ..... a person shall be disqualified for registration in the list of voters of a gram panchayat area, if he falls in any of the categories specified in clauses (a), (b), (c) or (d) of sub-section (1) of section 9, which are as follows:'9 ..... according to section 4(1) of the act, a gram panchayat for a village or group of villages is established by the order of the state government or of any officer authorised by the state government in this behalf specifying the name of the gram panchayat by which it shall be known, its headquarters, the limits of the area within its jurisdiction and population of the gram panchayat area. ..... for registration of voters in the list of voters of gram panchayat area. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)20VST307(MP)
..... has relied on various other certificates in support of its contention that the area in question did not fall within the panchayat area of narmada nagar and the said evidence was accepted holding that the area does not fall within the local area and there is no evidence to the contrary. ..... averred in the writ petition that the entry tax is leviable only if the goods enter into local area for use, consumption or sale and the definition under the entry tax act itself states that the local area is that area which falls within the 'local authority' and 'local authority' means an authority constituted under a law relating to local authority but shall not include a janapad panchayat, zila panchayat or mandal panchayat. ..... the certificates issued by the janapad panchayat in the year 1996 and by the sdm clearly specify that the area where the work was going on did not fall within the local area and the order of the additional commissioner ..... 23, 1996 (annexure 19c page 74 and page 43), (viii) letter from superintending engineer narmada vikas mandal (see page 44), (ix) letter from all local bodies surrounding the work site stating that the area in question does not fall in their respective zila panchayat, nagar palika, etc. ..... page 45), (x) letter from the chief nagar palika officer, moondi [annexure 19(e) page 76] and (xi) letter from the sarpanch, gram panchayat, punasa dated december 21, 2000, [annexure 19(f) page 7], it has been held that the petitioner was not working in a local area. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP184; 1997(1)MPLJ512
..... or member of state legislative assembly; and(iii) is not chairman or vice-chairman of co-operative society:shall be elected as 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,x x x x xsection 20 deals with the first meeting and term of office, and section 21 deals with no-confidence motion against sarpanch and upsarpanch, which is relevant for our purposes, which reads ..... , in the panchayats at the district level;(c) of the members of the house of the people and the members of the legislative assembly of the state representing constituencies which comprise wholly or partly a panchayat area at a level other than the village level, in such panchayat;(d) of the members of the council of states and the members of the legislative council of the state, where they are registered as electors within -- (i) a panchayat area at the intermediate level, in panchayat at the intermediate level;(ii) a panchayat area at the district level, in panchayat at the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP69; 2004(3)MPHT534; 2004(3)MPLJ852
..... tiles, pots and bricks by traditional means, but not by the process of manufacturing in kilns or by any mechanical means and permission to extract stone, murrum and sand available in private land in the panchayat area shall be granted by the collector of the district only to the bhumiswamies on advance payment of royalty for the fixed quantity and period :provided that the permission to extract the stone, murrum and sand shall ..... (4) the permit shall be governed by the following conditions:--(i) the permit holder shall maintain complete and correct account of the mineral removed and transported from the area;(ii) he shall allow any officer authorised by the zila/janpad/ gram panchayat to inspect quarrying operations and verify the accounts;(iii) no sooner the permitted quantity is transported within the time period of thirty days or earlier, duplicates of all ..... of the rules, specifically empowers the collector/additional collector to grant permission for extraction, removal and transportation of any minor mineral from any specified quarry or land only from the areas of corporation, municipality, nagar panchayat and special area which may be required for the works of any department or undertaking of the central government or state government. ..... thereafter, this petition has been filed by the petitioner on the ground that the mining area was transferred by the state government to gram panchayat for grant of mining lease and the petitioner was duly granted mining lease and is operating .....
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