Amendment status not verified — confirm the current text below against the official source.
Chapter XIV-A, as introduced. by Act 43 of 1997-Scope and purpose of provision.-[l! S.4(g)- of thePanchayats- (Extension to the Scheduled Areas) Act, 1996 (Central Act 40.of 1996) is in pari materia with the provisions of M.P.Act 43 of 1997 since they both are meant for reserva- tion ofseats in the Panchayats falling in the ScheduledAreas.A~hok Kumar Tripathi v. Union of India, 20.0.0.(1) JLJ 20.8=20.0.0.(2) MPHT 193 (DB). [2] In the matter of reservation, principle of proportionate repre- sentation based on population of reserved c'ltegories has been '1dhered to. Departure has been made from it in giving them larger share o~elf-gover- nance. AIR 1993 SC 477 and W.P.No.10l3 of1996 Disting. Ashok Kumar Tripathi v. Union of India, 20.0.0.(l) JLJ 20.8,,120.0.0. (2) MPHT 193 (DB). [3J.Reservation of Scheduled Castes, Scheduled Tribes, Women '1nd Backward Cl'lsses being 44%at the StOltelevel is not high, hence it is neither arbitrary nor excessive. Ashok Kumar Tripathi v. Union of India, 20.0.0.(1) JLJ 20.8=20.0.0.(2) MPHT 193 (DB). [4]More than 50.%reservation in fategories including Scheduled Tribes in Scheduled Areas and 100.%reservations for Chairpersons not illegal. c a ts h lS ,r a ,t Ie Ie A n IS >0 :e " e n l, e e s [1 j y "a S,129.E PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 (PA)183 (vi)to control local plans, resources and expenditure for such plans including tribal sub-plans, and; I (vII)to exercise and perform such oiher powers and functions as the State Government may confer on or entrust under any law for the time being in force. 129.D. Functions of Gram Panchayat.- 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:- (i) 1Ixx xl (ii) to manage village markets and melas including cattle fairs by whatever name called; (iii)to (vi)21xx xl (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 Government may confer on or entrust under any law for the time being in force. 129-E. Reservation of seats.- (I) The reservation of seats for Scheduled Castes and Scheduled Tribes in every Panchayat in -Scheduled Areas shall be in ptaportiOn to-their tespectiVe-pOpulatfOh.'. - in that Panchayat: Provided that reservation for Scheduled Tribes shall not be less thati.one-half of the total number of seats: Provided further that all seats ofSarpanch or President, as Ihe case may be, of Panchayats at all levels in Scheduled Areas shall be reserved for members of the Scheduled Tribes. (2)The State Government may nominate persons belonging to such Scheduled Tribes as have no representation in a Panchayat in the .-Scheduled -Areas'-at the intermediate level-or'in a'panchayat-in-the Scheduled Areas at the dislrict level: Provided that such nomination shall not exceed one-tenth of the total members to be elected in that Panchayat. (3)In a Panchayat in Scheduled Areas such number of seats shall be reserved for persons belonging to other backward classes, which together with the seats already reserved for Scheduled Tribes, and Scheduled Castes. If any, shall not dceed three- fourths of all the seats in that Panchayat. Applicability to Scheduled Area.-By Notfn. NO.F.I-8-97-XXU-P- 2.- dated 20th March 1999, Pub.in Rajpatra Ext. dated 24th March, -1999.p.334; the Governor ofMadhya Pradesh has applied the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (I of 1994), with the excep- tions and modifications as under:- 1 Omitted by M.P.Act 5 of 199915-4-1999]. 2 Omitted by M.P.Act 5 of 199915-4-19991. (PA)182 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 S.129-C as may be prescribed, and each such Gram Sabha may consist of a habitation or a group of habitations or a hamlet or i group of hamlets comprising a community and managing its affairs in accordance with lraditions and customs. 1[(3)The quorum of every meeting of Gram Sabha shall not be less lhan one-tenth of the tolal number of members of the Gram Sabha or five hundred members of the Gram Sabha, whichever is less.] (4) The meeting of "Gram Sabha" shall be presided over by a member of lhe Gram Sabha belonging to the Scheduled Tribes not being the Sarpanch or the Upsarpanch or any member of the Panchayat, to be elected for the purpose by the majority of the members present in lhat meeting. COMMENTARY Creation of new villages.-This section finds place in Chapter XIV-A whichhas overriding effectin respect ofthe provisionsofthe Act.Formation of new villages is a legislative function. No question ofinviting suggestions or objectionarises. 1995 MPLJ 152 ReI.Bechansingh v. State of M.P., 2000 (1) MPLJ 405=2000 (1) MPWN 121. Rnles:- The State Governmenthas made the followingrules in exercise of the powerBconferretl by this section. These Rules shall be found under Rules given separately.' .. , "Scheduled Areas Gram Sablta (Constitution, Procedure of Meeting and Conduct of Business) Rules, 1998" . 129-C. Powers and Functions of Gram Sabha.- In addition to the powers and functions contained in Section-?, the Gram Sabha in Scheduled Areas shall also have the following powers and functions, namely:- (i) 10 safeguard and preserve the traditions and cusfimls of the people. their cultural identity and community resources and the customary mode of dispute resolution: (il) 2[x x xl (iil)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. (iv) 31x x xJ . (v)to manage village markets and melas including cattle fair, by what ever name called, through the Gram Panchayat; 1 Subs. by M.P. Act 18 of 2007 (25-5-20071 for the following:- M{3) Not less than,ane-fifth or one thousand, whIchever is less of the total number of members of the Gram Sabha shall form a quorum for meeting of the Gram Sabha and out of which not less than one-third shall be women members." 2 Omitted by M.P.Act 5 of 1999 [5-4-1999]. 3 Omitted by M.P.Act 5 of 1999 [5-4-19991, I :7 Jr rs ~e to to to. j- rs '.1 Ie e- !l- at