Amendment status not verified — confirm the current text below against the official source.
Assignment of funds to the Panchayat.-The State Govern- JIIl'1l1 may assign to a Panchayat such taxes, tolls and fees levied and collecled by the State Government and may make grant-in-aid from the consolIdated fund of the State for such purposes and subject to such conditions and limits as the State Government may deem flt. r ,, 8.62 (PA)1l4 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 tion or illegal construction: (i) being an officer having power to sanction layout ormap for the construction of a building grants sanction or approves such layout or map; or (ti) being an officer under a primary duty to do so knowingly omits to report illegal diversion of land or illegal construc- tion of a building in such an area to the proper authority; or (iti) being an officer or an employee responsible to take, action against the illegal diversion of land or illegal colonization or illegal construction of a buildtng 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 respect to the building in such an area; or (v) illegally influences the officers aforesaid in granting such sanction or in omitting to make a report of such illegal diversion of land or construction of building in areas; shall be punished with simple imprisonment which may extend to six months or with fine or with both: Provided that nothing contained in clause (iv) shall apply to the cases where.theCall.eciar, with the approval of.theState. Government, ""c"rtite's thaHilpublic interest there is no objectionto provide electrical and water supply connection.to .the building in the area of illegal diversion or illegal colonization. , • • • • • S.61-G PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 (PA)1l3 prescribed.] 1(2) Notwithstanding anything contained in the Madhya Pradesh Land ReVen(le Code, 1959 (No. 20 of 1959) the transfer or agreement to transfer of plots made by a colonizer; in an area of lllegal diversion or illegal colonization, shall be void. (3) The prescribed authority may after giving show cause notice to the parties take over the management of the land, cause the area to be planned and developed and shall thereafter allot the land preferentially amongst the plat holders in such manner and subject to such condi- tions as. may be prescribed. (4) The all-out shall on fulfillment 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 corne to an end. 61-G. Forfeiture of the land Involved In Illegal colonlzatlon.- 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 61-0 stand forfeited and vested in the Gram Panchayat free from all encumbrances.] PREVIOUS PROVISIONS [Provisions which were applicable before substituion, are as underJ. 61-A. Definitions.-For the purposes of this Chapter "Gram Panchayat area". means such area which is situated in the Gram .cPanchayat witliiIia distance .of:--. - .. __. ..c . (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 Councilor Nagar Panchayat constituted under the Madhya Pradesh Mrmicipalities 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 ofthe Madhya Pradesh Highway Act, 1936 (XXXIV of 1936). 61-C. Development of Colonies.- The registration certificl!te shall entitle the Colonizer to undertake the development (}frol011iesin the Gram Panchayat area subject to th~provisiohs ofthi'l0ct and the rules made in this behalf. 61-D. Sub-section (3).~(3)Whoever commits or abetstJ1e commis- sion of an offence of illegal diversion or lillegal colonization shall be punished with simple imprisonment which may extend to six months or with a minimum fme often thousand rupees or with both. 61-E. Punishment for abatement of Offence of DIegal Con- struction,- .Whoeverin the area ofillegal diversion or illegal coloniza- 1 Sub-sections (II. (2) & [3) renumbered as (2). (31 & (4) by MP 29 of 2013. 110-9-2013). .. •• .' (PA)112 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 S.61'E , I, c,• t•,, "p,, r or with a minimum fine of one thousand rupees or with both. II61-E. Punishment for abatement of Offence of illegal Construc- tion. -(1)Whoever in the area of illegal diversion or illegal colonization or illegal constructlon,- (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 authoIity; or (ill) 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 authoIity competent to sanction electri- cal or water supply connection grants such sanction with respect to the building in such an area, shall be punished with simple impIisonment which may extend to three years and a fine which may extend to ten thousand rupees; Provided t hat nothing contained in clause [iv) shall apply to the cases where the Collector, with the approval of the State Government, certifies that in publlc.tntetesHnete'H;.n<.H5bJectionto provldeeJectifbil"C:.'.c "c,~ and water supply connection to the building in the area of illegal diversion or illegal colonization. ' . (2) Whoever illegally influences the officers aforesaid in granting such sanction or in omitting to make a report of such Illegal diversion of land or illegal construction shall be punished with simple imprison- ment which may extend to three years and a fine which may extend to ten thousand rupees.] 2(61_EA. Punishment for not takln~ aclion against illegal colonlza- tlon.-In a case'of illegal.eolonlzatlonlf au ,official authciIised-by'the --, Competent Authority to Inspect, report,s~p or remove any construc- tion knowingly omits to take action, or'lfa'police officer responsible to provide assistance necessary for such action does not do so, shall be punished with simple imprlsonmenl which may extend to three years or with fine which may extend to tell thousand rupees or with both.) ,61-F. Transfer of plots in area of illegal diversion of illegal colonization to be void.-3((I) The Registrars and Sub-Registrars appointed under Sect\on 6 of the Registration Act, 1908 (No. 16 of . ,1908).shall; at ,the end of..every.month,cQrnmunicate details of all transfers or agreements to transfer of Plots or houses in the Gram "l?JlIlct>a}'.atareato.t4eprcf;cribed authority In such manner as may be 1 Subs. by MP 21 of2013 i24-4-20131.See old provisions in Pr('vlous ProVIsions. 2 Ins. by MP21 of 2013124-4-20131. 3 Ins. by MP29 of2013I10.9-20131. :-- . • • S.61-D PANCHAYAT RAJ AVAM GRAM SWARAJ ADHl., 1993 (PA)1l1 establishment of the colony. (2) On receipt of the application for registration under sub- section (Il; the l[such Competent Authority as may be prescribed by State Government] 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 2[such Competent Authority as. may be prescribed by State Government] refuses to issue the registration certificate. the reasons for refusal shall be intimated to the applicant. (3)The State Government shall have power to make rules prescrib- ing the form of application. amount of fees for registration and other terms and conditions. for issue of registration certificate. 3[ 51-C. Development of Colonies.-(l) Subject to the provisions of this Act and the ruies made thereunder. any colonizer. who has been issued registration certificate under sub-section (2) of Section 61-B. may develop a colony,in the Gram Panchayat area. (2) (a) The colonizer shall provide developed plots or constructed dwelling units to the economically weaker section as may be prescribed. (b) The size, number and location of such plots or dwelling units oJ} may be prescribed. (3) Notwithstanding anything contained in this Act, In addition to or in lieu of the plots ()rdwelling units mentioned in clause, (b) oC sub-section (2), the' State Government may imjiose. colleCt and iIullze' , , a shelter fee as may be prescribed.] , _ 51-D. Punishment for Illegal Colonization. - (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 and offence of illegal diversion ofland. (2)AColonizer 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 ACtor the rules made In this b,ehalf,' commits an offence of lllegal colonization. 4((3) Whoever commits an offence of lllegal diversion or illegal colonization shall be punished with imprisonment of not less than three years and not more than seven years., and a minimum fine of ten thousand rupees. Such offence shall be cognizable.] (4) Whoever constructs a building in an area of lllegal diversioll or lllegal colonization commits an offence of lllegal construction. (5) Whoever commits an offence of lllegal construction shall be punished with simple imprisonment which may extend to six months 1 Subs. by MP 21 of2013 [24-4-2013) for words "Sub-Divisional Officer (Revenue)". 2 Subs. by MP 21 of2013 [24-4-2013) for words "Sub-Divisional Officer (Revenue)", 3 S.61-C Subs. by MP21 of 2013 [24-4-2013). See old provisions in "Previous Provisions", given at the end of this chapter. 4 Subs. by MP21 of2013 (24-4-2013). See old provisions in Previous Provisions. • ., (PA)110 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHl., 1993 S.61.A I[CHAPTER-VI_A. COLONIZATION 2[ 61-A. Definitions.-For the purposes of this Chapter,- (a) "Gram Panchayat Area"'means such area which is situated in the Gram Panchayat Definitions within a distance of,- (i) sixteen kilometers from the limits of a Municipal Corporation constituted linder the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956); (il)elght kilometers from the limits of a Municipal Council or Nagar Parlshad 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 (i1)above: (iv)one kilometer from the side of a National Highway specified in or declared under the National HigiJwayAct, 1956 (XLVII of 1(56) or public road notified under Section 2 of the Madhya Pradesh Highway Act, 1936 (XXXIVof 1936): Provided that any area situated within the planning area notified under section 13 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhlnlyam 1973, (No. 23 of 1973) shall be deemed to be a "Gram Panchayat Area" for the purpose of this Chapter: , (b) ~colony-,means:an,are.awhich,hasbeen,dev.eloped_by_4ividlng~.'_." , the said area into plots and Includes group housing but excludes an area which may have been divided amongst the members of a family, ordinarily for the purpose of constructing dwelling units; (c) "colonizer" means any person, society, Institution or entity. excluding those that may be so notified by the State Government, who intends to take up the work of developing a colony In accordance with the provisions of this Act and rules made thereunder for the purpose of transfer by sale or otherwise allor, some of the plots or the building or part, ther~of._'!I'(1.,!s.,regist"recl_aS_'!.colonl2;er by, theC9mpetenL Authority under this Act.] 61.B. Registration of Coloniser.-(l) 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 3[such Competent Authority as may be prescribed by State Govemment] for.the gr.ant of aregistralion CIlrtlficate,alongwith a copy , bflne' resoh1tion l:liilypassed bytJic Gram PiUichayafin support oJ the .. 1 Chapter Ins. by MP 43 of 1997 (5-12-1997). 2 Ss.61~A to 61.G ins. by MP 43 of 1997 [5..12-1997} and thereafler S. 61-Asuhs. by MP 21 of2013 [24-4-20131. See old provisIons in "Previous Provisions", given at the_end of lhis chapter. 3 Subs. by MP 21 of 20 13 [24-4-2013] for words "Suh-Divisional Officer {Revenue)". I I r 1 8.61 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHL, 1993 (PAllO!! 'I I I a mela: Provided th"t 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 maybe. so declared shall vest in the Janpad Panchayat. (21 The State Government may make rules to regulate the market or the mela specified in sub-section (1). Rules:- The State Government has made the followingrules in el<ercise of the poWersconferred by this section. These Rules shall be found under Rules given separately: .' "Regulation of Markets arid Melas' Within the Gram Panchayat Areas Rules, 1994." .