(1)
These rules apply to the
election of Councillors as specified below, namely ? (a)
Forty-two elected by wards; (b)
Two elected by the
registered trade unions having their registered offices at Nagpur. (2)
The Commissioner shall, not
less than eight weeks before the expiration of the term of the Councillors and
when such election is to be held for the first time, on such date as may be
fixed by the State Government, issue a public notice calling upon the wards and
the Trade Union Special Constituency to elect Councillors and appointing ? (a)
a date, not later than the
twentieth day from the date of the notice, for the nomination of candidates; (b)
a date, not later. than the
eighth day from the date fixed for nomination, for the scrutiny of nominations: (c)
a further date or dates on
which a poll shall, if necessary, be taken for the election of councillors: (d)
hours of poll; and (e)
places at which polling
shall take place. NOTES;- Pundalik
Vishwanath v. Mahadeo Binjaraj. I. L. R. 1959 Bom. 282: AIR 1959 Bom. 2 : 1958
N. L. J. 427; Champalal v. Mohanlal (1936) 41 Cal. W. N. 488. See notes under
s. 9. Every such notice
shall be published by being affixed on the notice board of the Corporation
office and at the office of the Registrar of Trade Unions, Madhya Pradesh, and
at such other places as the Commissioner may determine. Any failure to publish
the notice by affixing it at the places determined by the Commissioner shall
not affect its publication. The Commissioner
shall appoint one or more suitable polling officers to attend on the days and
hours fixed for each polling station to conduct the election thereat. The
election proceedings shall be supervised by such officers hereinafter referred
to as Returning Officer as the Commissioner may appoint. On the publication of
the notice referred to in rule 1 the Commissioner shall fix the place for the
receipt of nomination papers by the Returning Officers. Proclamation setting
forth the days, hours and places so fixed and the name of the Returning Officer
shall forthwith be made by the Commissioner in each ward and the special
constituency mentioned above. Notifications to the same effect shall at the
same time be posted at conspicuous places in the wards and at the office of the
Registrar of Trade Unions. Madhya Pradesh. (1)
On or before the dale
appointed for the nomination of candidates, each candidate shall, either in
person or by the proposer and seconder together, between the hours of 1 1
o'clock in the forenoon and 3 o'clock in the afternoon, deliver to the
Returning Officer a nomination paper completed in the form appended and
subscribed by the candidate himself as assenting to the nomination and by two
duly qualified electors as proposer and seconder. A duly qualified elector
shall not subscribe as proposer or seconder to more than one nomination paper. (2)
When a candidate claims to
be entitled to vote in a ward other than the ward for which he is nominated,
the nomination paper or, if more than one nomination paper is presented by or
on behalf of the candidate, the nomination papers shall be accompanied by a
copy of the entry in the electoral roll of that ward which contains his name,
certified by such officer as the Commissioner may authorise to be a true copy
of the entry in the final roll of the ward. (3)
The Returning Officer, on
receiving a nomination paper under sub-rule (1), shall ? (a)
satisfy himself that the
name of the ward or special constituency is correctly entered in the nomination
paper; (b)
that the name and number of
the electoral roll of the candidate, his proposer and seconder, as entered on
the nomination paper, are the same as those entered in the electoral roll; (c)
when sub-rule [2] of this
rule applies, satisfy himself that the nomination paper is accompanied by the
copy of the entry in the electoral roll referred to in that sub-rule; and (d)
satisfy himself that the
deposit required by rule 8(1) has been made by or on behalf of the candidate. (e)
The Returning Officer shall point
out any deficiency which comes to his notice, to the person presenting the
nomination paper and shall allow any such deficiency to be supplied at any time
before the time fixed for the scrutiny of nominations. (4)
The Returning Officer on
receiving a nomination paper under sub-rule (1) shall enter in the paper its
serial number and shall sign thereon a certificate staling the date on which
and the hour at which the nomination paper has been delivered to him, intimate
to the persons presenting the nomination paper the place at which the scrutiny
will take place and shall, as soon as may be thereafter, cause to be fixed in
some conspicuous place selected by the Commissioner a notice of the nomination
containing description, similar to those contained in the nomination paper both
of the candidate and of the persons who have subscribed the nomination paper as
proposer and seconder. (5)
On the date fixed for the
scrutiny of the nomination papers, the candidates and one proposer and one
seconder of each candidate but no other person may attend the place of scrutiny
at 1.00 p.m. and the Returning Officer shall give them all reasonable
facilities for examining the nomination papers of all candidates standing from
the ward or special constituency concerned which may have been delivered to
him. He shall examine the nomination paper and shall decide all objections
which may be made to any nomination and may either on such objection or of his
own motion after such summary inquiry, if any, as he thinks necessary refuse any
nomination on any of the following grounds, namely :- (a)
that the candidate is
ineligible for election under section 14 or 15 of the Act: (b)
that the proposer or the
seconder is disqualified from subscribing to the nomination paper on account of
his not being a duly qualified elector: (c)
that there has been a
failure to comply with any of the provisions of sub-rule (1). NOTES;- Pundalik
Vishwanath v. Mahadeo Binjaraj. l. L. R. 1959 Bom. 282: AIR 1959 Bom. 2 : 1958
N. L. J. 427; Champalal v. Mohanlal, (1936) 41 Cal. W. N. 488. See notes under
s. 9. FORM OF NOMINATION PAPER FOR ELECTION AS
A COUNCILLOR Name of ward/special
constituency for which the candidate
is nominated Name in full of candidate Father's name Age Address Number of the
candidate in the current electoral roll of the
ward/special constituency in which he is
registered as an elector Name in full of the
proposer Number of the
proposer in the current electoral roll of the
ward/special con-stituency. Signature of the
proposer Name in full of the
seconder Number of the
seconder in the current electoral roll of the
ward/special con- stituency Signature of the
seconder DECLARATION BY
CANDIDATE I hereby declare that
I agree to this nomination and am willing to serve, if elected. Date...............
19 ............. Signature of
Candidate Note.-The nomination
paper will not be valid unless it is delivered to the supervising officer at
his office, before 3 p.m. on.......19..... (6)
The scrutiny shall be
completed on the day appointed in this behalf under rule 1 and no adjournment
of the proceedings shall be allowed. (7)
The Returning Officer shall
after scrutiny endorse on each nomination paper his decision accepting or
rejecting it, and if he rejects it. he shall record in writing a brief
statement of his reasons for so doing. The candidates, whose nomination papers
are accepted shall be declared as duly nominated candidates. (8)
Any candidate whose
nomination paper is rejected by the Returning Officer may file an appeal to the
Commissioner against such order. No such appeal shall lie unless it is lodged
in the office of the appellate authority before 3 p.m. on the day next but one
following the day fixed for the scrutiny of the nomination papers for the ward
or special constituency concerned. (9)
A candidate desiring to file
an appeal shall give notice, in writing to the Returning Officer of his
intention to file an appeal on the day of scrutiny after it is over. The
Returning Officer shall give the candidate a receipt for the notice received
and shall inform the other candidates concerned of the fact of the notice
having been given if they apply for the information. No appeal shall be
considered by the appellate authority unless ii is filed within the time and it
is satisfied that notice was given to the Returning Officer as required by this
rule. The Returning Officer shall, on receipt of the notice, send at once all
the papers to the appellate authority. (10)
The appellate authority
shall take up all such appeals in the order in which they have been filed,
commencing at 12 noon on the day following the 1st day on which they may be
presented. The appellate authority shall not be required to issue any notices,
but all candidates and their proposers and seconders shall be entitled to be
present and every candidate shall be heard in connection with any appeal
relating to the ward or special constituency for which he is a
candidate.Appearance by counsel shall not be permitted (11)
If the appellate authority
declares a nomination to be valid it shall immediately send a certificate copy
of the order to the Returning Officer and every such candidate shall be deemed
to be a fully nominated candidate. (1)
At noon on the, eighth day
after the day fixed for the scrutiny of nomination papers, the Commissioner
shall prepare a list of all candidates duly nominated under sub-rule (7) or
(11) of rule 4 and shall cause it to be affixed in a conspicuous place in his
office. (2)
If on the date referred to
in sub-rule (1) the Commissioner finds that no candidate has been duly
nominated for election to a ward or special constituency he shall report the
fact to the State Government. If on such a date (he Commissioner finds that
only one candidate is duly nominated for election to a ward or special
constituency he shall declare such candidate to be duly elected. If the number
of duly nominated candidates exceeds one the election for such ward or special
constituency shall be held in the manner hereinafter specified. (1)
The Commissioner shall allot
a colour or symbol to each duly nominated candidate and inform him accordingly
at least a fortnight before the dale of actual election. (2)
The Commissioner shall
forward a list to each polling officer at least five days before the election
showing the names of the duly nominated candidates and their proposers and
seconders and the colour or symbol allotted to each candidate: and shall also
post copies of such list at his office and at the places fixed for the polling
stations. A duly nominated
candidate may withdraw his candidature by a written and signed communication
delivered to the Commissioner not less than 1[eighteen] clear days before the
date fixed for polling. A candidate who has withdrawn his candidature shall not
be allowed to cancel the withdrawal or to be renominated as a candidate for the
same election. (1)
At the time of nomination
each candidate shall deposit a sum of fifty rupees and no candidate shall be
deemed to be duly nominated unless such deposit has been made : [1][Provided
that, where the candidate is a member of Scheduled Caste, he shall deposit a
sum of twenty-five rupees and shall also furnish a caste certificate from the
Collector or an officer authorised by the Collector In this behalf. (2)
If a candidate by whom the
deposit referred to in sub-rule (1) has been made is not elected and the number
of votes polled by him does not exceed one-eighth of the total number of valid
votes polled the deposit shall be forfeited and credited to the Corporation
fund. (3)
The deposit made by a candidate- (i)
whose nomination is rejected
or declared invalid, or (ii)
who withdraws his
candidature in the manner and within the time specified in rule 7. Or (iii)
who dies before the
commencement of the poll or (iv)
who though not elected, does
not forfeit his deposit under sub-rule (2). Or (v)
who is elected, shall be
retained to the candidate or in the event of his death to his legal
representative as soon as may be after the publication of the result of the
election. (1)
The polling officer shall
keep order at the polling station, see that the election is fairly conducted
and that no elector who has not placed his voting paper into ballot box takes
it outside the polling station, shall regulate the number of electors to be
admitted at one time and shall exclude all other persons except ? (a)
the candidates and one agent
of each candidate (hereinafter referred to as the polling agent) appointed in
writing by the candidate, and authorised in this behalf by the polling officer: (b)
the police or other servants
on duty, and (c)
such other person as he may,
from time to time, require for the purpose of identifying electors. (2)
[2][The
polling officer shall close a polling station at the hour fixed for the closing
of the poll under rule 1 and shall not thereafter admit any elector into the
polling station : Provided that, all
electors present at the polling station before it is closed shall be allowed to
cast their votes. (3)
If any question arises
whether an elector was present at the polling station before it was closed, it
shall be decided by the polling officer and his decision shall be final.) NOTES;- Shankar v. II
A. D. J. Nagpur, I. L. R. 1959 Bom. 655. See notes under s. 420. (1)
If the proceedings at any
polling station are interrupted or obstructed by any riot or open violence or
if It is not possible to take the poll on account of any natural calamity or
any other sufficient cause, the Polling Officer or the Returning Officer for
such polling station shall announce an adjournment of the poll to a date to be
notified later and where the poll is so adjourned by a Polling Officer, he
shall forthwith inform the Returning Officer concerned. (2)
Whenever a poll is adjourned
under sub-rule (1) the Returning Officer concerned shall immediately report the
circumstance to the Commissioner and the Commissioner shall, as soon as may be,
appoint a day on which the poll shall recommence and fix the polling station or
place at which and the hours during which the poll be taken. The Returning
Officer shall not count the votes cast at such election until such adjourned
poll shall have been completed. (3)
In every such case
aforesaid, the Commissioner shall publish a notice stating the date, place and
hours of polling fixed under sub-rule (2] by affixing a copy thereof on the
notice board of the Corporation office and in such other manner as he may deem
fit.] (1)
The polling officer may
employ at the polling station such persons as he thinks fit to help in the
identification of the electors or to assist him otherwise in taking a poll. (2)
As each elector enters the
polling station, the polling officer shall check the elector's name and other
particulars with the relevant entry in the electoral roll and then call out the
serial number, name and other particulars of the elector. (3)
In deciding the right of a
person to obtain a voting paper, the polling officer shall overlook merely
clerical or printing errors in an entry in the electoral roll, if he is
satisfied that such person is identical with the elector to whom such entry
relates. (1)
With a view to preventing
personation of electors at any election (other than an election in a special
constituency], every elector about whose identity the polling officer is
satisfied, shall allow his left forefinger to be inspected by the polling
officer and indelible ink mark to be put on it. (2)
If any elector refuses to
allow his left forefinger to be inspected or marked in accordance with sub-rule
(1) or has already such a mark on his left forefinger or does any act with a
view to removing the ink mark, he shall not be supplied with any voting paper
or allowed to vote. (3)
Any reference in this rule
to the left forefinger of an elector shall, in the case where the elector has
his left forefinger missing, be construed as a reference to any other finger of
his left hand and shall, in the case where all the fingers of his left hand are
missing, be construed as a reference to the forefinger or any other finger of
his right hand, and shall, in the case where all his fingers of both the hands
are missing, be construed as a reference to such extremity of his left or right
arm as he possesses. (1)
Every voting paper shall be
in Form I (the particulars in the Form may be in the Marathi also). (2)
The names of the candidates
shall be arranged on the voting paper in the same order in which they appear in
the list of duly nominated candidates. (3)
If two or more candidates
bear the same name they shall be distinguished by the addition of their
occupation or residence or in some other manner. (1)
No voting paper shall be
issued to any elector before the hour fixed for the commencement of the poll. (2)
No voting paper shall be
issued to any elector after the hour fixed for the closing of the poll except
to those electors who are present at the polling station at the time of the
closing of the poll. Such voters shall be allowed to record their votes even
after the poll closes. (3)
Every voting paper shall,
before issue to an elector, be stamped with such distinguishing mark as the
Commissioner may direct. (4)
At the time of issuing the
voting paper to an elector, the polling officer shall record the serial number
thereof against the entry relating to the elector in the copy of the electoral
roll set apart for the purpose. (5)
Save as provided in sub-rule
(4), no person in the polling station shall note down the serial number of the
voting paper issued to a particular elector. (1)
The elector on receiving the
voting paper shall forthwith ? (a)
proceed to one of the
polling compartments; (b)
there make a mark on the voting
paper with the instrument supplied for the purpose on or near the symbol of the
candidate for whom he intends to vote: (c)
fold the voting paper so as
to conceal his vote; (d)
if required, show to the
polling officer, the distinguishing mark on the voting paper; (e)
insert the folded voting
paper into the ballot box; (f)
quit the polling station. (2)
Every elector shall vote
without undue delay. (3)
No elector shall be allowed
to enter a polling compartment when another elector is inside II. (1)
If owing to the blindness or
other physical infirmity, an elector is unable to recognise the symbol on the
voting paper or to make a mark thereon, the polling officer shall record the
vote on the voting paper in accordance with the wishes of the elector, fold it
so as to conceal the vote and insert it into the ballot box. (2)
While acting under this
rule, the polling officer shall observe as much secrecy as is feasible. He
shall keep a brief record of each such instance but shall not indicate therein
the manner in which any vote has been given. (1)
An elector who has
inadvertently dealt with his voting paper in such manner that it cannot be
conveniently used as a voting paper may on returning it to the polling officer
and on satisfying him of the inadvertence, be given another voting paper, and
the voting paper so returned shall be marked "Spoilt-cancelled'' by the
polling officer. (2)
If an elector after
obtaining a voting paper decides not to use it. he shall return it to the
polling officer and the voting paper so returned shall be marked as
"Returned-cancelled" by the polling officer. (3)
All voting papers cancelled
under sub-rule (1) or sub-rule (2) shall be kept in a separate packet. (1)
If a person representing
himself to be a particular elector applies for a voting paper after another
person has already voted as such elector, he shall, on satisfactorily answering
such questions relating to his identity. as the polling officer may ask. be
entitled, subject to the following provisions of this rule to mark a voting
paper (hereinafter in these rules referred to as. a "tendered voting
paper") in the same manner as any other elector. (2)
Every such person shall,
before being supplied with the tendered voting paper, sign his name against the
entry relating to him in a list in Form I-A. (3)
A tendered voting paper
shall be the same as the other voting papers used at the polling station except
that it shall be ? (a)
serially the last in the
bundle of voting papers issued for use at the polling station and (b)
endorsed on the back with
the words "tendered voting paper" by the polling officer in his own
hand and signed by him. (4)
The elector, after marking
the tendered voting paper in the polling compartment and folding it. shall,
instead of putting it into the ballot box. give it to the polling officer, who
shall place it in a cover specially kept for the purpose. (1)
Any polling agent may
challenge the identity of a person claiming to be a particular elector by first
depositing a sum of two rupees in cash with the polling officer for each such
challenge. (2)
On such deposit being made,
the polling officer shall ? (a)
warn the person challenged
of the penalty for personation; (b)
read the relevant entry in
the electoral roll in full and ask him whether he is the person referred to in
that entry: (c)
enter his name and address
in the list of challenged votes in Form I-B: and (d)
require him to affix his
signature in the said list. (3)
The polling officer shall
thereafter hold a summary inquiry into the challenge and may for that purpose ? (a)
require the challenger to
adduce evidence in proof of the challenge and the person challenged to adduce
evidence in proof of his identity; (b)
put to the person challenged
any questions necessary for the purpose of establishing his identity and
require him to answer them on oath; and (c)
administer an oath to the
person challenged and any other person offering to give evidence. (4)
If after the inquiry, the
polling officer considers that the challenge has not been established, he shall
allow the person challenged to vote: and if he considers that the challenge has
been established, he shall debar the person challenged from voting. (5)
If the polling officer is of
the opinion that the challenge is frivolous or has not been made in good faith
he shall direct that the deposit made under sub-rule (1) be forfeited to the
Corporation, and in any other case, he shall return it to the challenger at the
conclusion of the inquiry.] (1)
The vote of a Returning
Officer, polling officer or polling agent who is on duty at a polling station
at which he is not entitled to vote shall be recorded in the following manner. (2)
One voting paper in Form 1
for the ward or special constituency for which such elector is entitled to vote
and two covers in Forms II and III hereinafter referred to as covers II and
III. respectively shall on application of the elector concerned be forwarded by
the Commissioner to such elector on or before the date fixed for recording
votes. (3)
After recording his vote on
the voting paper the elector shall place it in cover II and then seal the
cover. He shall then place the cover In another cover 111 and seal the latter
cover. The voting paper shall bear the signature of the Commissioner and cover
III the name and the number of the elector. (4)
The elector shall then take
the sealed cover III to the polling officer or if the elector is himself a
polling officer to the Returning Officer. The elector shall place his signature
at the space provided for the purpose in cover 111 in the presence of the
polling or Returning Officer, as the case may be. who shall then attest the
identity of the elector by placing his signature, date of signature and
designation at the space provided on the cover for the purpose. The cover shall
then be forwarded to the Commissioner who shall open it and forward the inner
cover II with its seal intact to the Returning Officer concerned in a separate
sealed cover bearing his signature. (5)
The Returning Officer shall
cause such votes to be included among other votes given for the candidate
designated by the elector. (6)
A person qualified in one or
more special constituencies may vote in any such constituency or constituencies
for which he is qualified as well as in his ward. Every elector shall
have one vote only. [4][The
polling Officer shall be furnished with as many ballot boxes as may be
necessary. [5][***]
Where a wooden box is used, It shall, after showing empty to the candidates and
their agents, if any. at the commencement of the poll, be securely locked and
the keys shall remain with the Supervising Officer. A slit shall be provided on
the top through which the voting papers shall be inserted. Where a mechanical
box is used, it shall, after similarly being shown, be secured and sealed but
the slit shall be kept open for inserting the voting papers. At the conclusion
of the poll the slit shall be effectively closed in the case of both kinds of
boxes. The polling officer
as soon as practicable after the close of the poll, shall in the presence of
any candidate or polling agent who may be present make up into separate parcels
and seal with his own seal and the seal of such candidates or agents as may
desire to affix the seal :- (1)
each ballot box in use; (2)
the unused voting papers; (3)
the tendered voting papers; (4)
[6][the
cancelled voting papers;] (5)
[7][the
marked copy of the electoral roll;] (6)
the tendered votes lists;
and (7)
the list of challenged votes,
and shall forward the packets to the Returning Officer. NOTES;- Shankar v. II
A.D.J.. Nagpur, I. L. R. 1959 Bom. 655. See notes under s. 420. The packets shall be
accompanied by a statement made by the polling officer, showing the number of
voting papers entrusted to him and accounting for them under the head of the
voting papers in the ballot box 1[unsued. cancelled and tendered] voting papers
and voting papers dealt with under rule 13. NOTES;- Shankar v. II
A.D.J.. Nagpur, I. L. R. 1959 Bom. 655. See notes under s. 420. (1)
[8][The
Returning Officer shall, as soon as may be practicable after the close of the
poll, appoint a date, time and place for the counting of votes, and shall give
notice thereof to the candidates.] [9]Providcd
that, if for any reason the Returning Officer finds it necessary so to do he
may alter the date, time and place so fixed or any of them after giving notice
of the same in writing to each candidates.] (2)
[10][The
Returning Officer shall make adequate arrangements for the safe transport of
all ballot boxes, packets and other papers and for their safe custody until the
commencement of the counting of votes.] (1)
The Returning Officer may
have the ballot boxes used at more than one polling station opened and their
contents counted simultaneously. (2)
Before any ballot box is
opened at a counting table, the counting agents present at the table, shall be
allowed to inspect the seal affixed thereon and to satisfy themselves that it
is intact. (3)
The Returning Officer shall
satisfy himself that none of the ballot boxes has in fact been tampered with. (1)
The voting papers taken out
of each ballot box shall be arranged in convenient bundles and scrutinized. (2)
The Returning Officer shall
reject a voting paper ? (a)
if it bears any mark or
writing by which the voter can be identified; or (b)
if no vote is recorded
thereon; or (c)
if votes are given on it in
favour of more than one candidate; or (d)
if the mark indicating the
vote thereon is placed in such manner as to make it doubtful to which candidate
the vote has been given; or (e)
if it is a spurious voting
paper; or (f)
if it is so damaged or
mutilated that its identity as a genuine voting paper cannot be established; or (g)
if it bears a serial number,
or is of a design, different from the serial numbers or, as the case may be,
design, of the voting papers authorised for the use at the particular polling
station; or (h)
if it does not bear the mark
which it should have borne under the provisions of sub-rule (3) of rule 11-A ; Provided that.- (i)
where a Returning Officer is
satisfied that any such defect as is mentioned in clause (g) or (h) has been
caused by any mistake or failure on the part of the polling officer, the voting
paper shall not be rejected merely on the ground of such defect; (ii)
a voting paper shall not be
rejected merely on the ground that the mark indicating the vote is indistinct
or made more than once, if the intention that the vote shall be for a
particular candidate clearly appears from the way the paper is marked. (3)
Before rejecting any voting
paper, the Returning Officer shall allow each counting agent present a
reasonable opportunity to inspect the voting paper but shall not allow him to
handle it or any other voting paper. (4)
The Returning Officer shall
record on every voting paper which he rejects the letter "R" and the
grounds of rejection in abbreviated form either in his own hand or by means of
a rubber stamp. (5)
All voting papers rejected
under this rule shall be bundled together. (1)
Every voting paper which is
not rejected under rule 18-A shall be deemed to be valid and shall be counted
as one valid vote : Provided
that, no cover containing tendered voting papers shall be opened and no such
paper shall be counted. (2)
After the counting of all
voting papers contained in all the ballot boxes used at a polling station has
been completed, the Returning Officer shall make the entries in a result sheet
in Form IV. (3)
The Returning Officer shall
then proceed to count the voting papers received under rule 13 in the aforesaid
manner, and make entries in a result sheet in Form IV. (4)
The valid voting papers
shall, thereafter, be bundled together and kept along with the bundle of
rejected voting papers in a separate packet which shall be sealed and on which
shall be recorded the following particulars, namely :- (a)
the name of the ward or
special constituency: (b)
the particulars of the
polling station where the voting papers have been used; (c)
the dates of counting. (5)
The Returning Officer shall
verify the voting papers account given by each polling officer under rule 16 by
comparing the number of voting papers recorded by him as aforesaid and the
unused voting papers in his possession and the tendered votes list and shall
reseal each sealed packet after examination and record on each packet the
description of its contents and the date of election to which it refers. (6)
The Returning Officer, shall
then prepare and sign a return in Form V. Any candidate or his agent shall be
permitted to inspect or make a copy of the said return.] (1)
No person shall be allowed
to be present at the counting of the votes except the Returning Officer and
such persons as he may appoint to assist him in counting the votes and the
candidates or two agents of each candidate authorised by him in writing in that
behalf. (2)
No person shall be appointed
to assist in counting the votes, who has been employed by or on behalf of any
candidate for any purpose whatsoever In connection with the election. The candidate at the
head of the poll shall be declared elected. Where an equality of votes is found
to exist between any candidates and the addition of one vote will entitle any
of the candidates to be declared elected, the determination of the person to.
whom such one additional vote shall be deemed to have been given shall be made
by lot to be drawn in the presence of the Returning Officer and candidates or
their agents who may desire to be present and in such manner as the Returning
Officer may determine. The following papers
shall, at the conclusion of the election, be sealed by the Returning Officer
and forwarded to the Commissioner who shall keep them for the period mentioned
against them and thereafter cause them to be destroyed :- Name of paper Period of retention [12][Packets
referred to in sub-rules (4) and [5) of rule 18-B.Return referred to in
sub-rule (6) of 18-B.I Three months from the
notification of the result of election. Nomination papers
Withdrawal from candidature Copy of final electoral roll used at polling Until the completion
of its next revision. (1)
Every officer, clerk, agent
or other person who performs any duty in connection with the recording or
counting of votes shall maintain and aid in maintaining the secrecy of the
voting and shall not except for some purpose authorised by these rules or under
any law communicate to any person information calculated to violate such secrecy. (2)
any person who wilfully acta
in contravention of sub-rule (1) and any elector who takes any voting paper
received by him or a part thereof outside the polling station shall be
punishable with fine which may extend to fifty rupees. The result of the
election with full particulars regarding each candidates shall be immediately
communicated by the Returning Officer to the Commissioner who shall publish a
notification under section 16 giving the names of the Councillors elected in
"Madhya Pradesh Gazette". The Commissioner may
empower any officer of the Corporation to exercise, perform or discharge any
power, duty or function conferred or imposed upon the Commissioner by these
rules and thereupon such officer shall exercise, perform or discharge the
same. Grant of concessions
to employees suffering from Tuberculosis in aided non-Government Secondary
Schools, Junior Colleges of Education, Junior College (Higher Secondary) Units
attached to Secondary Schools, teaching staff appointed exclusively for
teaching Junior College Classes attached to Colleges and academic teaching and
non-teaching staff in non-Government Technical, Multipurpose and Vocational
High Schools in the State. The following rules
regulate the grant of concessions to employees suffering from T.B. (pulmonary
including T.B. pleurisy as well as non-pulmonary) and leprosy:-- All suspected cases
of Tuberculosis of employees in the employ of the aforesaid institutions should
be sent for examination and opinion to the J.J. Group of Hospitals or the G.T.
Hospital, Bombay, if serving in Bombay City, and, if employed in the mofussil,
to the nearest District Head Quarters Hospital. No charge should be made for
such examination. The Civil Surgeon, if he considers it necessary, will refer
the case to the nearest Government Hospital where proper facilities, including
X-Ray, are available for a thorough examination. No charge will be made for
X-Ray, Ski grams, examinations and laboratory investigations. (a)
If, after careful
consideration, the case is found to be an active one, the employee concerned
should be granted such leave as is recommended in his case by the authorised
medical attendant until he has exhausted all the leave due to him under the
ordinary leave rules. When the end of this leave is approaching he should be
brought before a Medical Board for report whether there is any likelihood of
his return to duty. If the Board reports that he would be fit to resume duty
after further treatment he should be granted extraordinary leave for the period
recommended by the Board, provided that the total period of continuous absence
from duty does not exceed three years. If the Board reports that there is no
likelihood of his returning to duty, he should be invalided. Note.--The term
"authorised medical attendant" means? (a)
In respect of an employee
whose pay is not less than Rs. 500 per month, the Superintendent of the
Government Hospitals in Bombay or any other Officer authorised by him in this
behalf, and in the mofussil, the Civil Surgeon or the District Medical Officer,
as the case may be, or any other Officer authorised by them in this behalf; (b)
In respect of an employee
whose pay is more than Rs. 150 per month but less than Rs. 500 per month a
M.M.S. Class II Officer in the Station or at the District Head Quarters; (c)
In respect of an employee
whose pay is Rs. 150 or less, a M.M.S. Class III Officer or M.M.S. Class III
(A) in or near the station. Note 1.--In a station
where there are two or more officers in M.M.S. Class II or M.M.S. Class III,
M.M.S. Class III (A), the senior most of these Officers should be authorised as
medical attendant for the purpose. Note 2.--In a station
where there is only one authorised medical attendant of any of the above three
categories he shall be the competent authorised medical attendant for any
employee in need of medical attendance and treatment at that station. Note 3.--The
authorised medical attendant of an employee shall be determined with reference
to the place within the State of Maharashtra at which he falls ill, whether it
be his place of posting or place of casual stay or the place where he may be
spending his leave. Explanation.--The
expression "all leave due" occurring in the above rule should be
interpreted to mean " leave due and admissible " under the normal
rules applicable to the employee concerned. (d)
In the case of employees who
have more than six months leave due to them, the examination by the Medical
Board referred to above should be arranged six months after the commencement of
the treatment, but before the expiry of the leave due. In cases where the total
leave due is less than six months, such extraordinary leave as is necessary to
complete that period may be given pending examination of the patient by the
Medical Board. (e)
At places where there are no
Medical Boards the Civil Surgeons can with the sanction of the Director of
Health Services, Government of Maharashtra, convene a Medical Board to examine
the employees suffering from Tuberculosis with the help of two Medical Officers
of the Institution where the patient is receiving treatment. The charges for
the medical examination of the employee suffering from T.B. by a regular or a
specially convened Medical Board, should be borne by Government, if the Medical
Board is convened at a place it is ordinarily convened. However, if the Medical
Board is convened at a place other than the one where it is ordinarily convened
on the request made by the employee on ground of health etc., the extra
expenditure involved to Government in this respect, e.g. expenditure on
traveling allowance of a Medical Officer attending the meeting of the Medical
Board, etc., shall be borne by the employee concerned. (b)
In order to afford
continuity of service to temporary employees, who contact Tuberculosis and
undergo treatment in a recognised institution established for the treatment of
the disease, and to enable them to return to their original posts after
treatment, they may, in addition to leave on average pay or earned leave, as
the case may be, and/or leave on Medical Certificate which may be admissible to
them, be granted in relaxation of leave rules laid down in the Secondary
Schools Code (Revised Edition 1979), as amended from time to time/Maharashtra
Employees of Private Schools (Conditions of Service) Rules, 1981, extraordinary
leave upto a maximum period of twelve months on any one occasion, subject to
the following conditions:-- (1)
the post from which the
employee proceeds on leave is likely to last till his return to duty, (2)
the extraordinary leave
shall be granted subject to the production of a certificate from the Medical
Board, specifying the period for which the leave is recommended, and (3)
the Medical Board, in
recommending the leave, shall bear in mind the provisions of leave rules laid
down in the Secondary Schools Code (Revised Edition, 1979)/Maharashtra Employees
of Private Schools (Conditions of Service) Rules, 1981. (c)
The concessions of
extraordinary leave upto twelve months shall also be admissible to a temporary
employee who, for want of accommodation in any of the institutions recognised
for the purpose of the concession located at or near the place of his duty,
receives treatment at his residence, provided that? (i)
The treatment is under a
duly qualified registered medical practitioner; and (ii)
He submits a certificate
signed by that medical practitioner to the effect that he is under his
treatment and that he has reasonable chances of his recovery on the expiry of
the leave recommended. (d)
Before the expiry of the
maximum limit of extraordinary leave admissible under the rules, the employee
concerned should be examined by the Medical Board to see whether he is fit to
resume duty or should be invalided. If the employee is found to have greatly
improved, but to be still in need of some more time, say 1 to 3 months, to
consolidate the progress and to become fit to resume duties, further leave may
be granted subject to the limit of 3 months provided it is certified that he is
likely to resume duty by the end of that period. (e)
All Managements and leave
sanctioning authorities, as the case may be, should, while placing the employee
suffering from T.B. before a Medical Board, invariably inform the Medical Board
of the period of extraordinary leave already enjoyed by the employee concerned
in pursuance of the T.B. concessions, and the balance of leave admissible, so
as to enable the Medical Board to certify whether the employee is likely to be
fit before the expiry of the full leave. (f)
(i) The extraordinary leave
availed of by permanent employees on account of illness due to Tuberculosis
should be counted towards increments subject to the condition that only such
extraordinary leave falling during the period of three years commencing from
the date of absence from duty will count for increments under normal rules. (ii)
Temporary employees suffering from T.B. who do not have lien on any post will
not be allowed to count the extraordinary leave towards increments. (g)
An employee irrespective of
the pay drawn, after the expiry of all leave due and admissible to him on
average pay be granted T.B. leave on average pay and the leave salary for such
T.B. leave should be regulated under normal rules. The total T.B. leave should
not exceed one year. After the expiry of this leave, leave on half pay, if due,
should be granted in case it is found that a further period of leave is
necessary for his recovery. After the expiry of leave on half pay, the employee
should be placed before the Medical Board for his examination as to his
physical fitness for further service and should be granted extraordinary leave
recommended by the Medical Board subject to the condition that all leave
granted under these rules does not exceed three years. The T.B. leave on
average pay granted under this rule should not be debited to the leave account
of employee. (h)
The concession of T.B. leave
on average pay to employee admissible under sub-rule (g), should be allowed to
such an employee suffering from T.B., who may be on half-average pay or on
extraordinary leave subject to the condition that all leave under these rules
shall not exceed three years. (a)
While on leave, the employee
should be required to undergo treatment in a Government Medical Institution, or
if he so prefers, place himself for treatment under a competent private Medical
Practitioner or in any of the approved non-Government Tuberculosis Sanatoria or
Institutions mentioned below:-- The
Bel-Air Sanatorium, Dalkeith, Panchgani. Hill
Side Sanatorium, Vengurla. Wanless
Tuberculosis Sanatorium, Wanlesswadi. The
Nashik Tuberculosis Sanatorium, Mahasrul, Nashik. The
Group of Tuberculosis Hospitals, Sewri, Bombay. The
N.M. Wadia Charitable Hospital, Solapur. The
Talegaon General Hospital and Convalescent Home, Talegaon (Dabhade), District
Pune. The
Shashikala Tuberculosis Sanatorium, Jaysingpur, District Kolhapur. The
Swastik T.B. Sanatorium, Wai, District Satara. The
Evangeline Booth Hospital, Ahmadnagar, District Ahmadnagar, K.E.M.
Hospital, Bombay. The
Medical Officers should have discretion to decide whether a patient should be
asked to stay in a hospital or a sanatorium, or whether he should take
treatment while staying outside such institutions under such conditions as may
be considered necessary. (b)
(i) Reasonable facilities
should also be provided as far as possible, for admission of an employee to the
existing institutions (i.e. Government Hospital or approved non-Government
Hospital or Sanatorium), provided he is deemed fit by the Civil Surgeon of the
District concerned or the Superintendent, J.J. Group of Hospitals or G.T.
Hospital, Bombay, for institutional treatment. (ii)
An employee who cannot be accommodated either in a Government Hospital where
proper facilities for the treatment of T.B. exist or in a reserved bed in one
of the private T.B. Sanatoria Where Government has reserved beds for the free
treatment of Government servants and who is allowed to take treatment in a
non-Government Sanatorium or Hospital or under a private medical practitioner
shall be entitled to the following concessions:---- (a)
In ease of an employee whose
pay does not exceed Rs. 760 per month the expenses on Hospital or Sanatorium
charges, special diet and special medicines subject to the limits mentioned in
Rule 4. (b)
In case of an employee whose
pay exceeds Rs. 760 per month only charges on medicines included in the latest
National Health Formulary of the United Kingdom but not exceeding the limit
mentioned in Rule 4(3). (c)
Employees undergoing
treatment under Private Medical Practitioners or as out-patients at Government
Hospitals or recognised private Institutions should be granted the concessions
subject to the following conditions:-- (i)
The Medical Officer, i.e.
the Civil Surgeon or the Superintendent of Government Hospital should certify
that the employee can take treatment of such medical practitioner under such
conditions as he considers necessary. (ii)
The Medical Officer who has
examined the employee should, as far as possible, try to secure him admission
in a Government Hospital and at the same time furnish him with a list of
approved sanatoria or institutions, so that the patient may also on his own
seek admission to one of them. (iii)
The necessary vouchers for
the special medicines purchased by the patient for himself should be produced
and countersigned by the Medical Practitioner or the authorities' of the
Institutions concerned, as the case may be. (c)
The allowance for special
diet at the rate of Rs. 50 per month or equal to the actual expenditure
incurred whichever is less should be granted subject to the condition that
declaration as stated below is given by the patient and is countersigned by the
Medical Attendant:-- I
hereby declare that, I, Shri ................ was Under the treatment of Dr.
................. for tuberculosis, and under his advice, I have taken special
diet, such as ................ for which I have incurred an expenditure of Rs.
.......... for the period from ................ to .................. (d)
Employees taking treatment
as indoor patients in Government institutions should be granted monetary
concessions towards items on which they have incurred expenditure, subject to
the maximum laid down in Rule 4, provided they produce necessary
[vouchers/certificates in support of their claim. Note.--The
requirement in regard to production of vouchers for special diet shall be
waived provided a declaration is given by the employee concerned that he has taken
special diet of the value of Rs. 50 per month. Government will
assist in the payment of the cost of special diet, special medicines and
sanatorium charges in case of employees with pay not exceeding Rs. 760 per
month, when they are admitted as paying patients (and not against free beds
reserved by Government) to private approved sanatoria or hospitals upto the
following monetary limits:-- (1)
Rs. 25 per mensem for
sanatorium charges (which include charges for ordinary accommodation, ordinary
diet and ordinary medicines) or at the rate actually paid by the patients,
whichever is less; (2)
An allowance of Rs. 50 a
month during the period of high prices towards the cost of special diet, if
any, prescribed by the Medical Superintendent of the Sanatorium; and (3)
Employees should be allowed
reimbursement of medical expenses incurred by them on account of special
medicines (excluding those included in the list of inadmissible medicines)
under the M.S.S. (M.A.) Rules, 1961. Employees should also be allowed
reimbursement of expenditure incurred by them on account of P.P. sputum
examination, Blood Test, Injections and Operations etc. at the private approved
sanatoria or hospitals. The employee who was
suffering from T.B. should be sent to Medical Board for his examination and the
certificate regarding his physical fitness should be obtained from the Medical
Board before he is allowed to resume his duties under the following
conditions:-- (a)
that he remains under
suitable medical supervision and treatment of a qualified medical practitioner
approved by the Government Medical Officer concerned who should maintain a
special register of such cases so that the patient may be followed up regularly
from time to time in his own interest as well as that of public health; (b)
that the employee suspected
of Tuberculosis or suffering from "arrested" Tuberculosis shall
undergo periodical re-examination by the proper Government Medical Officer and
if necessary, by a competent authority in Tuberculosis approved by Government.
The re-examination should be done by the Government Medical Officer free of
charge. (a)
For journeys to Government
Medical Institutions and back in connection with the medical examination and
for treatment, employees will be eligible to traveling allowance as on tour as
admissible, under the Bombay Civil Services Rules and for the purpose of
payment of such traveling allowance their residence shall be treated as their
headquarters. Similar traveling allowance will also be granted, if employees go
to approved non-Government Tuberculosis Sanatoria or Institutions for
treatment. (b)
The attendant, if any,
accompanying the patient (employee) should be granted actual single fare of the
appropriate class in which the patient travels or a lower class by which the
attendant actually travels. In the event of an
employee suffering from Tuberculosis being declared fit for duty the Management
concerned should, wherever possible, give him light duty for another year or
so, and also allow him some period for rest daily or occasionally as advised by
the Medical Attendant of the employee. Temporary employees
who have put in more than a year's continuous service shall be eligible to the
concessions under these rules other than monetary concessions and concessions
of T.B. leave on average pay. The monetary concessions and the T.B. leave on
average pay will be admissible only to those temporary employees who have put
in not less than three years' continuous service. Temporary employees with less
than a year's service are not entitled to any of these concessions. Note.--Continuous
service of one year or three years means service of specified duration under
the Management till the commencement of leave for treatment of T.B. The expenditure on
account of monetary concessions extended under these rules should be debited to
the appropriate budget heads mentioned below:-- "277-Education" (i)
A-Primary Education--(f)
Teachers' Training--f-(II) Assistance to non-Government Junior Colleges of Education--a(i)
Maintenance Grants to the non-Government Junior Colleges of
Education--Grant-in-aid (2770313). (ii)
B-Secondary Education--(k)
Assistance to non-Government Secondary Schools--k(1) Grant-in-aid to Ordinary
Secondary Schools (2770897). (iii)
Assistance to Local Bodies
for Secondary Education--(i)(2) Grant-in-aid to Other Local Bodies (2770968). (iv)
D-Pre-University
Education--(v) Assistance to non-Government Institutions--(v)(a)(i)
Grant-in-aid to non-Government Junior Colleges (2778065). (v)
Grant-in-aid to Other Local
Bodies for Junior Colleges (2778083). (vi)
F-Technical
Education--(ap)-Assistance to Non-Government Technical Industrial
Institute--(i) Maintenance Grant--(a) Technical and Industrial Schools
(2773528). The concessions
available under these rules shall, in any case, cease when the employee attains
the age of superannuation. Employees who were
suffering from Tuberculosis and who have been declared fit to resume duties
should be granted the following monetary concession:-- Rs. 30 per month for
extra diet. The above concession
will be available for a period of one year with effect from the date of the
employee resuming duty, subject to the conditions that the extra diet,
medicines and tonics are recommended by the Civil Surgeon or the authorities of
the hospital in which he was taking treatment and subject to the production of
necessary vouchers in support of his claims. The Managements when
granting the concessions, should insist on the certificate of the Civil Surgeon
or the authorities of the hospital in which the employee was taking treatment,
recommending extra diet, medicines and tonics. On the production of vouchers
for medicines and tonics, a declaration given by the employee concerned that he
has taken extra diet of the value of Rs. 15 per month in place of vouchers for
extra diet, should suffice. The Management under
whom the employee in need of the concession is serving should be the authority
to sanction these concessions. Employees suffering
from T.B. and declared fit to resume duty on expiry of leave should report for
periodical check-up at the nearest Civil Hospital where there is X-Ray or at
the recognised sanatorium where free beds are reserved for Government servants.
Their periodical check-up should be done till the specialist examining the
patients considers that such check-up is necessary in their cases and not
indefinitely. The expenditure on account of the traveling allowance of such
employees should be held admissible for non-salary grant. (1)
The concessions granted to
employees suffering from Tuberculosis may be granted to employees again if
after having once availed of these concessions and having been certified to be
fit for duty after treatment the employees contact T.B. again. (2)
The Management under whom an
employee in need of T.B. concessions is serving is the authority competent to
sanction these concessions. The vouchers required to be produced under rule
3(d) should, therefore, be produced before the Management in order to enable it
to authorise the concessions. It is not necessary to attach these vouchers to
the bills presented at the Pay unit of the district concerned. (3)
The concessions admissible
to employees as per paragraph 1 above are also available to the employees suffering
from T.B. while they are under suspension. They are not available to employees
suffering from ordinary pleurisy. (4)
Employees who have put in
not less than 3 years' continuous service and suffering from leprosy/cancer or
paralysis should be granted the concessions regarding T.B. leave on average pay
admissible under sub-rule (g) of rule 2 of rules regarding T.B. concessions to
employees and the monetary concessions admissible under sub-rule (c) of rule 3
and sub-rules (1) and (2) of rule 4 and rule 11 of the said rules. They should
also be granted the special diet allowance at Rs. 50 p.m. or equal to actual
expenditure incurred whichever is less even they are not required to be on
leave. The special diet allowance should be for a period of one year or till
the A.M.A. recommends whichever is earlier. They should also be granted T.A.
for their journey to Government Medical Institutions and back in connection
with the medical examination and for treatment as per the provisions of rule
6(a) and (b) of the rules regarding T.B. concessions. (5)
(i) The Ex-T.B. patients who
were once in employ in the respective institution but were discharged on
account of their affliction with T.B. will be eligible for re-employment
provided they have been declared non-infective and medically fit for employment
by a T.B. specialist or a medical authority authorised in this behalf by
Government. Note.-- (i)
The authority to declare
Ex.-T.B. patients as non-infective and medically fit for employment in
respective institutions should be a Medical Board. The Civil Surgeon/District
Medical Officers in-charge of the Civil Hospitals, Superintendents of Medical
Institution in Bombay and Superintendents of Government T.B. Sanatoria
including Superintendent, Hospital for the diseases of Chest, Camp Aundh, Pune,
are authorised to convene a Medical Board for the Examination of the Ex-T.B.
patients and for issue of fitness certificates to them. (ii)
They will be eligible for
re-appointment to the posts previously held by them if vacancies exist or to
equivalent posts in their own institutions or institutions conducted by the
same Management. (iii)
They will be eligible for
re-appointment by the Management concerned whenever there are suitable
vacancies. (iv)
If they cannot be
re-employed by the Managements concerned for want of vacancies, employment
assistance to them will be rendered by Educational Inspector, Greater Bombay or
the Education Officer. Zilla Parishad concerned, as the case may be. For this
purpose they will be treated as transferred employees. (v)
On their re-employment in
the same posts from which they were discharged, the actual previous service
rendered by them should be treated as qualifying service for purposes of
pension and seniority and for purposes of pay they should be placed in the same
position in which they were at the time of their discharge from service. The
break in service between the date on which they were discharged from service
and the date of their reemployment would itself however be regarded as
continuous. (vi)
On re-employment they will
not be required to undergo a fresh medical examination if they had been
medically examined on their first appointment. (6)
Whenever an employee who
retires on invalid pension being incapacitated for further service on account
of the affliction with T.B. is re-employed being cured of the disease? (i)
his pay on re-employment
will be regulated according to Rule 82.6, 82.9 or 82.10 of the Secondary
Schools Code (Revised Edition 1979)/sub-rule 3, 5 or 6 of rule 17 of the
Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981,
as the case may be, (ii)
he will not be required to
undergo a fresh medical examination and (iii)
the leave standing to his
credit will be carried forward. (7)
The concessions mentioned in
paragraphs 5 and 6 above are applicable to employees who were in service but
were discharged on account of their affliction with T.B. Pleurisy, as
distinguished him ordinary pleurisy. They are also applicable mutatis mutandis
to those who were in service but were discharged on account of their affliction
with leprosy. Note.-- (i)
The T.B. concessions may be
granted to the employees concerned for two times in ordinary course and the
third time after producing the necessary certificate from the Authorised
Medical Attendant that the employee has scrupulously followed the provisions in
Rule 5 and that it is still necessary to grant him T.B. concession for the
third time. Such cases should be referred to Government for orders. (ii)
The T.B. Concession should
not be granted to the employees for the fourth time and that cases of the
employee asking for concession for the fourth time should be put before the
Medical Board for invalidation. The concessions to
employees suffering from T.B. sanctioned under these rules as amended from time
to time, will not be available to those employees who do not restrict their
family size to 3 living children, if they have less than 3 children or to their
present size if they have more than 3 living children. Note.--The Management
should furnish the following Certificate while sanctioning the concessions to
the employees concerned:-- CERTIFICATE (1)
CERTIFIED that the size of
the family of Shri/Smt. .................................. has not exceeded
three living children. (2)
CERTIFIED that the size of
the family of Shri/Smt. .................................. as on 1st August
1980 is .................... living children and that size has not been exceeded
and that he/she has undertaken to take terminal measures (either Vesectomy or
Tubectomy) before 31st December 1981. (3)
He/She is eligible for the
concessions admissible under the rules regarding T.B. concessions to employees
in aided non-Government Secondary Schools etc. [1] Inserted by G. N. of
21.11.1979. [2] Substituted by G. N. of
10.5.1962. [3] Inserted by Notification No.
3244-4155-M/XII. dated 19th June. 1953. [4] Inserted by G. N. No.
1588-2678-M/XIII. dated 14.5.1952. [5] Omitted by G. N. of
10.5.1962. [6] Inserted by G. N. No.
1588-2678-M/XIII. dated 14.5.1952. [7] Inserted by G. N. No.
1588-2678-M/XIII. dated 14.5.1952. [8] Inserted by G. N. No.
1588-2678-M/XIII. dated 14.5.1952. [9] Inserted by G. N. of
21.11.1979. [10] Inserted by G. N. of
10.5.1962. [11] Substituted ibid. [12] Substituted by G. N. of
10.5.1962.RULES RELATING TO
THE ELECTION OF COUNCILLORS
RULES REGARDING
T.B. CONCESSIONS TO THE EMPLOYEES IN NON-GOVERNMENT SECONDARY SCHOOLS, ETC.
PREAMBLE