छत्तीसगढ़ पंचायत निर्वाचन नियम, 1995 में और संशोधन संबंधी

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AtalNagar, the 3rd May 2019

NOTIFICATION

No.ll08/12S/Com.Panchayat 12018.-The following further draft amendment in the Chhattisgarh Panchayat Nirvachan Niyam, 1995, which the State Government proposes to make, in exercise of the powers conferred by sub-section (1) of Section 95 read with Section 43 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No.1 of 1994), is hereby, published as required by sub-section (3) of Section 95 of the said Act, for the information of all persons likely to be affected thereby and notice is hereby given that the said draft shall be taken into consideration after the expirv of fifteen days fiom the date of publication of this notification in the Official Gazette.

Any objection or suggestion regarding the said draft received from any person, before the specified period during office hours by the office of the Deputy Secretary, Depaftment of Panchayat and Rural Development, Govemment of Chhattisgarh, Room No. S-0-30, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur shall be considered by the Government of Chhattisgarh.

DRAFT AMENDMENT

In the said rules,-

l. In rule 9, after sub-rule (³), the following shall be added, namely,-

"(4) Any Registration Officer or Assistant Registration Officer or any person, who is appointed and authorized for revision or to add or delete any Entry of Electoral Roll, does violation of the duties assigned under the provision of said Act, shall be punishable with simple imprisonment which must not be less than 3 month, but up to 2 years or fine or with both:

Provided that no court shall take cognizance unless State Election Commission or the Collector and District Election Officer himself or an officer authorized by the Collector and District Election Officer, who is not below the rank of Deputy Collector, has given complaint in writing:

Provided further that any offence punishable under rule 9 shall be tried by Competent Judicial Magistrate and shall be non-cognizable and bailable:

Provided further also that, for above mentioned purposes, the Code of Civil Procedure, 1908 (No. V of 1908) shall be followed."

After rule 9, the following shall be added, namely,-

"9A. False declaration- If any person in connection with-

(a) preparation, revision or purification ofelectoral roll, or; (b) inclusion or deletion ofany entry ofelectoral roll,

makes any statement or written declaration which is false or which he/she either knows or believes to be false or does not believe to be true, such person shall be punishable with imprisonment for a term, which may extend to one year or fine or with both."

J.

In rule I l, after sub-rule (2), the following shall be inserted, namely,-

"(2-a) Registration Officer should authorize an employee to receive claims/ objection over draft electoral roll. This employee shall be authorized in reference to the Gram Panchayat." After rule 18, the following shall be added, namely,-

"18 A. Requisition of Vehicles etc. for. Panchayat Election purposes- (l) The District Election Officer may, if it appears to him in connection with election under the Chhattisgarh Panchayat Raj Act, 1993, that any vehicle, vessel or animal is needed or is likely to be needed forthe purpose of transport of ballot boxes to or from any polling station or transport of members of the police force for maintaining law and order during the conduct of such election, or transport of any officer or other person for performance of any duty in connection with such election, he may by order in

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writing, require such vehicle, vessel or animal and may make such furlher orders as may appear to him to be necessary or expedient in connection with the requisition.

(2) Such requisition shalt be effected by an order in writing addressed to the person deemed by the District E,lection Officer to be the owner or person in possession of the property and such order shall be served on the person to whom it is addressed.

(3) Whenever any propefty is requisitioned under sub-rule (1) the period of such requisition shall not be extended beyond the period for which such property is required for any of the purposes mentioned in sub-rule(¹ ).

Explanation :- For the purposes of this rule "Vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.

188. Payment of Compensation - Whenever in pursuance of rule ¹⁸-A, any vehicle, vessel or animal is requisitioned, compensation thereof shall be paid to the owner, the amount of which shall be determined by the District Election Officer on the basis of rate fixed by the Chief Electoral Officer for such vehicle, vessel or animal for State Assembly Elections:

Provided that any person interested, being aggrieved by the amount of compensation determined by District Election Officer, may apply within thirty days from the date of issue of the order determining the compensation to the Divisional Commissioner for a review. The decision of the Divisional Commissioner shall be final.

18C. Manner of Execution of order of requisition of vehicles, vessels and animals. - An order of requisition under sub-rule

(1) ofrule l8A shall be served:-

(a) Where a person to whom such order is addressed is a Corporation or firm, in the manner provided for the service of summons in rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, of the first Schedule to the Code of Civil Procedure, 1908 (No. V of 1908); and

(b) Where the person to whom such order is addressed is an individual: -

(i) Personally, by delivering or tendering the order, or

(ii) By registered post with acknowledgment due, or

(iii) If the person cannot be found, by leaving an authentic copy of the order with any adult member of his family, or by affixing such copy on some conspicuous part of the premises in which he is known to have last resided or carried on business, or personally worked for gain'

l8D. Penalty for contravention ofany order regarding requisition.- Ifany person contravenes any order made under sub-rule (l) of rule l8A, he shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to rupees five hundred or with both:

Provided that any offence punishable under rule 18 shall be tried by Competent Judicial Magistrate and shall be non-cognizable and bailable:

Provided further also that, for above mentioned purposes, the Code of Civil Procedure, 1908 (No. V of 1908) shall be followed."

For rule 3 1A, the following shall be substituted, namely,-

5.

,,³¹A. Presentation of Affidavit by candidates, information about Criminal records, properties, liabilities and educational qualification etc. of candidates- (l) Under sub-rule (l) of rule 32, along with nomination paper, every candidate for the post of Sarpanch, member of Janpad Panchayat and Zila Panchayat, shall present an affidavit, in the form, as prescribed by Election Commission, containing candidate's information about educational qualification, any pending/decided criminal cases, and information regarding his own or his spouse's or dependant's properties and liabilities and information regarding whether he is trespasser of panchayat/government land or building or not. Affidavit shall be presented in prescribed form, before any public notary or Class-I Magistrate, or an oath Commissioner:

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Provided that it shall not be necessary for a candidate of Panch of Gram Panchayat to present an alfidavit.

(2) Under sub-rule (l), every affidavit shall be :-

(a) In case of Sarpanch, in forrn 4-B-l ;

(b) ln case of Janpad Panchayat member in form 4-C-1;

(c) ln case of Zila Panchayat member in form 4-D- l .

(3) A copy of affidavit of candidates for the post of Sarpanch, member of Janpad Panchayat and Zila Panchayat shall be displayed on the notice board of the office of the Returning Officer. On demand, a copy of same shall also be made available to citizen on payment of prescribed fee. (3-a) Candidates shall present "No dues certificate" along with nomination paper, issued by Panchayat in a form prescribed by State Election Comrnission.

(4) In case, affidavit is not submitted by any candidate, at the time of scrutiny of nomination paper ofthe candidate, he shall be liable for rejection.

If any candidate or elector files an affidavit against infonnation of the affidavit, filed by other candidate under sub-rule (1), it should be displayed as per procedure prescribed in sub rule (3). No inquiry shall be conducted by Returning Officer in relation to information provided in the affidavit."

6. ln rule 32, in sub-rule (1), for clause (c) and (d), the following shall be substituted, namely,-

"(c) election of member of Janpad Panchayat, by any voter of that constituency within the block and;

(d) election of member of Zlla Panchayat, by any voter of that constituency, within the district, signed nomination paper, as a proposer, shall be delivered."

7. In rule 33, in sub-rule (1),-

(a) in clause (a), for the word and figure "Rs. 40", the word and figure "Rs. 50" shall be substituted;

(b) in clause (b), for the word and figure "Rs.200", the word and figure "Rs. 1000" shall be substituted;

(c) in clause (c), for the word and figure "Rs. 500", the word and figure "Rs. 2000" shall be substituted; and

(d) in clause (d), for the word and figure "Rs. 1000", the word and figure 'Rs.4000' shall be substituted.

8. In rule 46, in proviso, after entry (ii), the following shall be added, namely,-

"(iii) In case, where information of death of candidate is received 72 hours prior to the commencement of poll, name and symbol allotted to such candidate, shall not be printed on ballot paper.

(iv) In these conditions, where it is desired, ballot paper shall be reprinted and no changes shall be made to the election symbols allotted to other candidates.

(v) An immediate intimation is to be given to all candidates for changes made in ballot paper due to removal of the name of the dead candidate. if information of death of candidate is received after stipulated time, no changes shall be made in ballot paper and Election Commission is to be informed immediately."

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9. For Form 4-B-L, the following shall be substituted, namely:-

"FORM 4-B-l

(See rule 31-A)

ELECTION OF SARPANCH OF GRAM PANCHAYAT

Affidavit form to be submitted by the candidate

(To be submifted with nomination form to the Returning officer)

AFFIDAVIT FORM

I ...... ................son/daughter/wife of...... ...Age...

resident of ...... Tehsil ... District ..... Chhattisgarh, am a candidate for the post of Sarpanch of Gram Panchayat.... Janpad Panchayat district

2. I solemnly state as under:- I. That, I haveAave not been convicted previously. ll. That, I have been convicted in following case/cases :

(1) Case no. ... Police Station

District ..... State

(2) Section ... of the .... Act. (3) Date of conviction ... (4) Name of the court ... ..... by whom convicted. (5) Details of period of conviction and financial punishment. (6) The details of result of Appeal/Surveillance.

III. That, I have been discharged/acquitted previously in following cases.

(l) Case no. (2) Section... ofthe...........Act. (3) Name of the court, by whom I was discharged/acquitted (4) Datesofdischarge/acquittal...... (5) The details of Result of Appeal/ Revision.

IV. That, I was held as culprit, before 6 months liom today, in the following cases. In which the charges have been flamed by the court or the court has taken cognizance. (In this, details of only those cases should be given in which imprisonment for 2 year or more can be sentenced) (In this, cases of clause I and II shoutd not be included).

V. That, the details of moveable, immoveable properties and bank deposits and other belonging to myself, husband/wife and dependants are as under:-

(A) Moveable properties (in case of properties of joint ownership, your own share should be clearly mentioned and other title holder's names, age, business and relation to the declarant with them should be clearly explained.) Dependant means those who are mainly dependent on the income of the declarant.

364 (¹⁶) e*ft$Td{i,rrrd, frqis ro C zots

(B) Details of immovable properties :- Details of joint ownership along with the self and

dependents are under :-

(c) Details of encroachment on Panchayat or Government Land or building.

(D) Whether you have flush latrine in residential premises ? YesNo.

VI" My dues to Govemment and public financial institutions are as under:-

Bffi{rrd ttcru-I, frtiq 16 q{ rru 364 (¹⁷) VII. My educational qualification is as under:-

t (Mention School and University standard education including class 5th and class 8th, in order) Name of the school/education Board and University from where the Degree has been received or course has been done.

Cerlificate/Degree School/College Education

Year of passing

Board/Universitv

Signature of the Deponent

r'ERIFICATION

I ...... ... .... Son/daughteriwife of ...... do hereby verif, that the facts mentioned in the clauses I to VII of the above declaration are true according to my knowledge and any facts in connection therewith have not been concealed.

Signature of the Deponent " 10. For Form 4-C-1, the following shall be substituted, namely:-

"FORM 4-C-1

(See Rule 3l -A)

ELECTION OF MEMBER OF JANPAD PANCHAYAT

Affidavit form to be submitted by the candidate

(To be submitted with nomination form to the Returning Officer)

AFFIDAVIT FORM

I ...... ...............son/daughter/wife of...... age......

Resident of ... ...... Tehsil ... ... District ..... Chhattisgarh, am a candidate for the post of member of Constituency no. ... ... of Janpad panchayat

district

2. I solemnly state as under:- I. That, I have/have not been convicted previously. lI. That, I have been convicted in following case/cases :

(1) Case no. ... Police Station

District ..... State

(2) Section ... ofthe .... Act. (3) Date of conviction ...... (4) Name of the coufi...... by whom convicted. (5) Details of period of conviction and financial punishment" (6) The details of Result of Appeal/Surveillance.

III. That, I have been discharged/acquiued previously in following cases.

364 (18)

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(1) Case no. (2) Section. . ofthe...........Act. (3) Name of the court, by whom I was discharged/acquitted. (4) Dates ofdischarge/acquittal......

(5) The details of Result of Appeal/ Revision.

IV. That, I was held as a culprit, before 6 months from today, in the following cases. In which the charges have been framed by the court or the court has taken cognizance. (ln this, details of only those cases should be given in which imprisonment for 2 year or more can be sentenced) (ln this, cases of clause I and ll should not be included).

V. That, the details of moveable, immoveable properties and bank deposits and other belonging to myself, husband/wife and dependants are as under;-

(A) Moveable properties (in case of properties of joint ownership, your own share should be clearly mentioned and other titleholder's names, age, business and relation to the declarant with them should be clearly explained.) Dependant means those who are mainly dependent on the income of the declarant .

(B) Details of immovable properties: - Details of joint ownership along with the self and dependents are under:-

364 (19)

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(C) Details of encroachment on Panchayat or government Land or building

(D) Whether you have flush latrine in residential premises ? Yes,A',lo

Vl. My dues to Government and public financial institutions are as under:-

VII. My educational qualification is as under:

(Mention school and university standard education including class 5th and class 8th, in order) Name of the school/education board and university from where the Degree has been received or course has been done.

Certificate/Degree School/College Education

Board/University Year of oassins

Signature of the DePonent

VERIFICATION

I """'"' "" Son/daughter/wife of "'"' doherebyveriflithatthe facts mentioned in the clauses I to VII of the above declaration are true according to my knowledge and any facts in connection therewith have not been concealed.

Signature of the DePonent" 1 1. For Form 4-D- 1, the following shall be substituted, namely:-

"FORM 4-D-1

(See Rule 3l-A)

ELECTION OF MEMBER OF ZILA PANCHAYAT

Affidavit form to be submitted by the candidate

(To be submitted with nomination form to the Returning officer)

AFFIDAVIT FORM

I ...... ........son/daughter/wife of....'. ...... age.'..'. Resident of ...... ....... Tehsil District Chhattisgarh, am a .... of Zila panchayat candiclate for the post of member of Constituency no.

... ... District

364 (²⁰) ud€rEruq-d, fr+i6 16og rou

2. I solemnly state as under ;- I. That, I have/have not been convicted previously. II. That, I have been convicted in following case/cases :

(1) Case no. ... Police Station

District ... ..... State

(2) Section ... ofthe .... Act. (3) Date of conviction... (4) Name of the court .. ..... by whom convicted. (5) Details of period of conviction and financial punishment. (6) The details of Result of Appeal/Surveillance.

IIL That, I have been discharged/acquitted previously in following cases.

(l) Case no. (2) Section... of the ... ... .....Act. (3) Name of the court, by whom I was discharged/acquitted (4) Datesofdischarge/acquittal......

(5) The details of Result of Appeal / Revision.

IV. That, I was held as a culprit, before 6 months from today, in the following cases. In which the charges have been ffamed by the court or the court has taken cognizance. (ln this, details of only those cases should be given in which imprisonmentfor2year or more can be sentenced ) (ln this, cases of clause I and II should not be included).

V. That, the details of moveable, immoveable properties and bank deposits and other belonging to myself, husband/wife and dependants are as under:-

(A) Moveable properties (in case of properties of joint ownership, your own share should be clearly mentioned and other titleholder's names, age, business and relation to the declarant with them should be clearly explained) Dependant means those who are mainly dependent on the income of the declarant .

364 (2t)

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(B) Details of immovable properties :- Details of joint ownership alongwith the self and dependents are under :-

(C) Details of encroachment on Panchayat or Government Land or Building

(D) Whether you have flush latrine in residential premises ? Yes/No.

VI. My dues to Government and public financial institutions are as under :-

VIL My educational qualification is as under :

(Mention school and university standard education including class 5th and class 8th, in order) Name of the school/education Board and University from where the Degree has been received or course has been done.

Certificate/Degree School/College Education

Board/Universitv Year of oassing

Signature of the Deponenl

364 (²²¹ BffisJTd{rqw, fu{im roc-{ zors

VERIFICATION

I,...... ....... Son/daughter/wife of......... ...... do hereby verifu that the facts mentioned in the clauses I to VII of the above declaration are true according to my knowledge and any facts in connection therewith have not been concealed.

Signature of the Deponent"

By order and in the name of the Governor of Chhattisgarh,

REETA SHANDILYA, Secretary.

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