The Sikkim Panchayat and Municipalities (Election of Members
of District Planning Committee and Manner of Convening Meetings and Power and
Function of the District Planning Committee) Rules, 2012. In exercise of the powers conferred by section 127 of the
Sikkim Panchayat Act, 1993 and section 255-A of the Sikkim Municipalities Act,
2007 in suppression of the Sikkim Panchayat and Municipalities (Election of
Members of District Planning Committee and Manner of Convening Meetings) Rules,
1996, the State Government hereby makes the following rules, namely:- (1) These
rules may be called the Sikkim Panchayat and Municipalities (Election of
Members of District Planning Committee, Manner of Convening Meetings and Power
and Function of the District Planning Committee) Rules, 2012. (2) They shall
extend to the whole of Sikkim. (3) They shall
come into force at once. (1) In these
rules, unless the context otherwise requires:- (a) "Act"
means the Sikkim Panchayat Act, 1993 and the Sikkim Municipalities Act, 2007,
as the case may be; (b) "Ballot
Box" means and includes any box or receptacle used for insertion of ballot
papers by voters; (c) "Candidate"
means a person who has been or claims to have been duly proposed and seconded
as a candidate for election by the members; (d) "Form"
means a form appended to these rules; (e) "Government"
means the Government of the State of Sikkim; (f) "Prescribed
Authority" means the Secretary in the Urban Development and Housing
Department, Government of Sikkim; (g) "Presiding
Officer" means and includes any Polling Officer under the provisions of
these rules; (h) "Municipalities"
means a municipality as defined in sub-section (49) of section 2 of the Sikkim
Municipalities Act, 2007; (i) "Notification"
means a notification published in the Official Gazette; (j) "Section"
means a section of the Act; and (k) "Zilla
Panchayat" means a Zilla Panchayat of a district constituted under
sub-section (1) of section 49 of the Sikkim Panchayat Act, 1993. (2) Words and
expressions used in these rules and not defined but defined in the Act, shall
have the same meanings respectively assigned to them in the Acts. (1) As soon as
may be after the constitution of a Zilla Panchayat and the constitution of
Municipalities within the district under sub-section (1) of section 49 of the
Sikkim Panchayat Act, 1993 and under section 12 of the Sikkim Municipalities
Act, 2007, respectively, whichever is later, but not before the expiration of
thirty days from the date of publication of the notification constituting such
bodies within the district, the Prescribed Authority shall call a joint meeting
of all the members of the Zilla Panchayat and Municipalities within the
district by serving on each member a notice in Form1 of not less than seven
days specifying the dates, place and time of such meeting. (2) Such a
meeting shall be presided over by the Prescribed Authority or such other
Officer as may be authorized by the Prescribed Authority. The Prescribed
Authority or the Officer authorized by him shall not be entitled to vote at the
election. (3) Two-third
number of total membership shall form a quorum of the meeting. On the date of
the meeting if there is no quorum within an hour of the time fixed for the
meeting, the Presiding Officer shall adjourn the meeting. The adjourned meeting
shall be held on such date, place and time as may be fixed by the Prescribed
Authority and the provisions regarding notice in Form 1 to members of the Zilla
Panchayat and Municipalities referred to in sub-rule (1) shall apply. Provided that no quorum shall be necessary for an
adjourned meeting. (4) If in case
there is no Zilla Panchayat duly constituted within the district under the
provision of the Sikkim Panchayat Act, 1993, if there is likelihood of delay in
constituting such Zilla Panchayat for more than a period of three months from
the date of publication of notification constituting the urban local bodies,
the Prescribed Authority may call the meeting of the members of the urban local
bodies for constitution of District Planning Committee without further delay.
However, in such cases the representation from the Zilla Panchayat as required
under Sikkim Panchayat Act, 1993, shall be kept vacant till the constitution of
the Zilla Panchayat. (5) The
Presiding Officer shall, immediately after the commencement of the meeting,
call upon the members present to propose and second names of the candidates
from amongst themselves for election as members of the District Planning
Committee. He shall record the names of the candidates proposed together with
the names of the proposers and seconders. The Presiding Officer shall reject
any proposal if the candidates has been finalized by him. (6) If the
names proposed and seconded are not more than the seats allotted to be filled
up by such members by election, the Presiding Officer shall declare them duly
elected members of the District Planning Committee by filling up Form 2. (7) If more
candidates have been proposed and seconded than the seats allotted to be filled
up by such election and the candidates have agreed to stand for election, the
Presiding Officer shall conduct the election in the following manner:- (a) The
Presiding Officer shall cause to be prepared as many ballot papers as there are
members present containing the names of the candidates arranged according to
the alphabetical order of their surnames in Form 3 in such language or
languages, as the Prescribed Authority may direct; (b) The
Presiding Officer shall, immediately before the commencement of the election, satisfy
all members present that the ballot is empty and also allow the members present
to inspect the ballot box and thereafter secure and seal such ballot box and
have it kept at a place which can be seen by himself and the members present; (c) The
Presiding Officer shall, thereafter, hand over one such ballot paper as
prepared under clause (a) of sub-rule (7) of Rule 3 to each member present
after putting his initial on the back of each ballot paper. He shall then ask
each member in turn to record his vote at a table so placed that no other
person can see such member while putting the mark "X" in the place
provided for the purpose in the ballot paper opposite the names of the
candidate for whom he intends to vote, folds it up and inserts it into the
ballot box; (d) If member
is unable to write or is physically incapacitated from voting, the Presiding
Officer shall, at the request of such member, take him to record his vote to
the table so placed, ascertain his choice and accordingly mark the ballot
paper, fold it up and insert it into the ballot box. The Presiding Officer
shall cause such arrangements to be made as to ensure secrecy of the ballot
paper. (8) Immediately
after the voting is over, the Presiding Officer shall open the ballot box in
the presence of the members present, take out the ballot paper therefrom, count
them and record the number thereof in Form 4. The Presiding Officer shall
reject any ballot paper if:- (a) it bears
the signature of the voter or contains any word or sign or visible
representation by which such voter can be identified; or (b) the mark
"X" is placed against the name or more than one candidates than the
seats allotted to be filled by such election; or (c) the mark
"X" is so placed thereon as to make it doubtful for which candidate
vote was intended to be given; or (d) it does
not bear the signature of the Presiding Officer. (9) After the
completion of counting and recording the members of votes received by each
candidate, the Presiding Officer shall declare in Form 5 as many candidates as
the number of members to be elected from the Municipalities and Zilla Panchayat
concerned of the district to whom the largest number of votes has been given,
to be duly elected at the election. (10) The
Presiding Officer shall forward the names of the elected members of the District
Planning Committee to the Prescribed Authority, who shall publish the same in
the Official Gazette. (11) The Forms
and other papers relating to the election of member of the District Planning
Committee shall be sent by the Presiding Officer to the Prescribed Authority
for safe custody. The Prescribed Authority shall keep the papers in safe
custody for six months after which these Forms and paper shall be destroyed in
such manner as the Prescribed Authority may deem fit. The member of a District Planning Committee may resign
from his office by submitting his resignation in writing of his intention to do
so to the Prescribed Authority. Such resignation having been accepted, the
member shall vacate his office and casual vacancy shall be deemed to have
occurred in such office. Provided that a person tendering resignation may withdraw
his resignation before it is accepted by the Prescribed Authority. (1) The
Prescribed Authority may, after giving an opportunity to a member of a District
Planning Committee to show cause against the action proposed to be taken
against him, by order remove him from office if:- (a) after his
election he is convicted by a criminal court of an offence involving moral
turpitude punishable with imprisonment for a period of more than six months; or (b) he is
removed from membership of a Zilla Panchayat or Urban Local Bodies concerned of
the district; or (c) he absents
himself from three consecutive meetings of the District Planning Committee without
the leave of the District Planning Committee. (2) Any member
of District Planning Committee who is removed from office by the Prescribed
Authority under sub rule (1) of Rule 5 may, within a period of thirty days from
the date of the order, appeal to such authority, as the State Government may by
notification, appoint on this behalf. The authority so appointed may stay the
operation of the order till the disposal of the appeal and may, after giving
notice of appeal to the Prescribed Authority, and after giving the appellant an
opportunity of being heard, modify, set aside or confirm the order. (3) The order
passed by such authority on such appeal shall be final. If the office of a member of a District Planning
Committee becomes vacant by reason of his death, resignation, removal or
otherwise, such vacancy shall be filled in by election of another person under
these rules. The person elected shall take office forthwith and shall hold such
office till the term of his predecessor. (1) The Office
of the District Planning Committee shall be in the Zilla Panchayat Bhavan of
the concerned district. (2) The
meeting of the District Planning Committee shall be held in every three months
in a year. (3) The quorum
for a valid meeting of the District Planning Committee shall be two-thirds of
its members. (4) The
Chairman, District Planning Committee, who is the Adhakshya of the concerned
Zilla Panchayat shall obtain plan proposal from all Gram Panchayat and
Municipalities within the district and after consolidating the same prepare a
draft plan for the district. (5) As soon as
may be after the preparation of draft plan the Chairman shall call a meeting of
the District Planning Committee intimating each member by a notice indicating
therein the date, time venue and agenda of such meeting. (6) In the
absence of the Adhaksha in the meeting of the District Planning Committee, the
elected members of the Committee shall nominate a member from amongst
themselves to preside as Chairman. The members of the District Planning Committee shall be
entitled to such sitting allowance from the concerned Zilla Panchayat Fund at similar
rate as are admissible to the members of the Zilla Panchayat and Urban Local
Bodies. The Proceedings of the District Planning Committee shall
not be vitiated by any vacancy in its membership due to death or resignation of
a member or delay in constitution of a Zilla Panchayat or Municipality, as the
case may be, for the time being. The term of Office of the members of the District
Planning Committee shall expire with the term of the concerned Zilla Panchayat
and Municipalities. However, the Government may extend such term by
notification till a new District Planning Committee is constituted. The District Planning Committee shall consolidate the
plans prepared by the Gram Panchayats, the Zilla Panchayats, the Nagar
Panchayats and the Municipal Corporation in the District and prepare draft
development plans for the district as a whole. (1) Every
District Planning Committee shall, in preparing the draft development plans:- (a) having
regard to:- (i) matters of
common interest between the Panchayats and Municipalities including the spatial
planning, sharing of water and other physical and natural resource, the
integrated development of infrastructure and environment conservation; (ii) The
extent, type of available resources whether financial or otherwise. (b) Consult
such institutions and organization as the government may, be order, specify. (2) The
Chairman of every District Planning Committee shall forward the development
plan, as recommended by the District Planning Committee, to the State
Government for consideration, approval and implementation. (3) The
District Planning Committee shall review the progress of approval and
implementation of the development plan. (4) The
District Planning Committee shall represent the Panchayats and Municipalities
in meetings and matters related to the development plans. FormSIKKIM PANCHAYAT AND MUNICIPALITIES (ELECTION OF MEMBERS OF
DISTRICT PLANNING COMMITTEE, MANNER OF CONVENING MEETINGS AND POWER AND
FUNCTION OF THE DISTRICT PLANNING COMMITTEE) RULES, 2012
PREAMBLE