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SIKKIM PANCHAYAT AND MUNICIPALITIES (ELECTION OR MEMBERS OF DISTRICT PLANNING COMMITTEE AND MANNER OF CONVENING MEETING) RULES, 1996

SIKKIM PANCHAYAT AND MUNICIPALITIES (ELECTION OR MEMBERS OF DISTRICT PLANNING COMMITTEE AND MANNER OF CONVENING MEETING) RULES, 1996

SIKKIM PANCHAYAT AND MUNICIPALITIES (ELECTION OR MEMBERS OF DISTRICT PLANNING COMMITTEE AND MANNER OF CONVENING MEETING) RULES, 1996

 

PREAMBLE

In exercise of powers conferred by section 127 of the Sikkim Panchayat Act, 1993 and clause (c) of sub-section 1 of section 184 of the Sikkim Municipalities Act, 1995 the State Government hereby makes following rules, namely:-

Rule - 1. Short title, extent and Commencement.

(1)     These may be called the Sikkim Panchayat & Municipalities (Election of Members of District Planning Committee and manner of Convening Meeting) Rules, 1996.

(2)     These rules shall extend to the whole of Sikkim.

(3)     They shall come into force at once.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires:-

(a)      "Act" means the Sikkim Panchayat Act, 1993 and the Sikkim Municipalities Act, 1995 as the case may be;

(b)      "Ballot Box" means and includes any box or other receptacle used for insertion of ballot papers by voters;

(c)      "Candidate" means a persons who has been or claims to have been duly proposed and seconded as a candidate for election by the member;

(d)      "Form" means a form appended to these rules;

(e)      "Government" means the Government of the State of Sikkim;

(f)       "Prescribed Authority" means Secretary in the Rural Development Department, Government of Sikkim;

(g)      "Presiding Officer" means and includes any polling Officer under the provisions of these rules;

(h)     "Municipality" means a municipality constituted under section 6 of the Sikkim Municipality Act, 1995;

(i)       "Notification" means a notification published in the Official Gazette;

(j)       "Section" means a section of the Act;

(k)      "Zila Panchayat" means a Zilla Panchayat of a district constituted under sub-section (i) of section 49 of the Act,

(2)     The words and expression used in these rules and not defined but defined in the Act, shall have the same meanings assigned to them in the Acts.

Rule - 3. Election of members of District Planning Committee.

(1)     As soon as may be after the Constitution of a Zila Panchayat and the Constitution of Municipalities within the district under sub section (i) of section 49 of the Sikkim Act, 1993 and under section 6 of the Sikkim Municipalities Act, 1995 respectively whichever is later but not before the expiration of thirty days from the date of publication of the notification constituting such local bodies within the district, the prescribed authority shall call a joint meeting of all the members of the Zila Panchayat and Municipalities within the district by serving on of all the members a notice in Form I of not less than seven days specifying therein the dates venue and time of such meeting.

(2)     Such 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 other official authorized by him shall not be entitled to vote at the election.

(3)     Two-third number of total membership shall no 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 I to members of the Zilla Panchayat and Municipalities referred to in sub-rule (i) shall apply Provided that no quorum shall be necessary for an adjourned meeting.

(4)     If in case there is no Municipality duly constituted for the urban areas within the District under the provisions of the Sikkim Municipalities Act, 1995, or if there is likehood of delay in constituting such urban local bodies for more than a period of three months from the date of publication of notification for constitution of the Zilla Panchayats, the prescribed authority may call the meeting of the members of the Zilla Panchayat for constitution of District Planning Committee without of the members further delay, However, in such case the representation from the urban areas as required under clause (c) of sub-section (i) of section 184 till the constitution of the Municipalities Act, 1995 shall be kept vacant till the constitution of the Municipalities.

(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 of 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 candidate refuses to stand for the election and he may not accept any proposal after the list of candidates has been finalized by him.

(6)     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 to be 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 have agreed to stand for election, the Presiding Officer shall conduct the election in the following manner namely:-

(a)      The Presiding Officer shall, cause to be prepared as many ballot papers as there are members present containing the names of 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 box 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 all the members Present.

(c)      The Presiding Officer shall, thereafter, hand over one such ballot paper as prepared under clause (4) 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 candidates for whom he intends to vote, to fold it up and insert it into the ballot box.

(d)      If a member is unable to write or is physical incapacitated from voting, the Presiding Officer shall, at the request of such member, take him to record his vote to the tables so placed, ascertain his choice and accordingly mark the ballot paper, fold it up and insert it into that 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 papers therefrom, count them and record the number there of 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 of more candidates than the seats allotted to be filled up by such election or;

(c)      the mark "X" is so placed thereon as to make it doubtful for which candidate the vote Was in ended to be given; or

(d)      it does not bear the signature of the Presiding Officer.

(9)     After completion of counting and recording the number of votes received by each candidate, the Presiding Officer shall, declare in From 5 as many candidates as the number of members to be elected from the Municipalities Zilla Panchayat concerned of the district as provided under clause (c) of Sub Section (i) of Section 184 of the Sikkim Municipalities Act, 1995, to whom the largest number of valid votes has been given, to be duly elected at the election.

(10)   The Presiding Officer shall forward the name of the elected members of 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 members of District Planning Committee shall be sent by the Presiding Officer to the prescribed authority for saga custody. The prescribed authority shall keep the papers in safe custody for six months after which these Forms and papers shall be destroyed in such manner as the prescribed authority may deem fit.

Rule - 4. Resignation of Member.

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 the causal 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.

Rule - 5. Removal of Member.

(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 and publishable with imprisonment for a period of more than six month; or

(b)      he was disqualified to be a member of a Zilla Panchayat or municipality/municipalities to which he represent at the time of election; or

(c)      he is removed from the membership of a Zilla Panchayat or municipality concerned of the district after his election to the District Planning Committee of that district; or

(d)      he absents from three consecutive meetings of the District planning Committee without the leave of the District Planning Committee.

(2)     Any member of a District Planning Committee who is removed from the office by the Prescribed Authority under sub-section (i) 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 on confirm the order.

(3)     The order passed by such authority on such appeal shall be final.

Rule - 6. Filling up of causal vacancy in place of a Member of District Planning Committee.

(1)     If the office of a member of a District Planning Committee becomes vacant by reason of the 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.

Rule - 7. Meeting of the District Planning Committee.

(1)     The meeting of the District Planning Committee shall be held at least twice a year.

(2)     The Chairman, District Planning Committee who is Adhakshya of concerned Zilla Panchayat shall obtain plan proposal from all Gram Panchayats and Municipalities within the District and after consolidating the same prepare a draft plan for the district.

(3)     As soon as may be after the preparation of draft district plan the Chariman 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.

Rule - 8. Allowances to members.

The Members of the District Planning Committee shall be entitled for such sitting allowances from the concerned Zilla Panchayat fund at similar rates as are applicable to the members of Zilla Panchayat for the time being in force.

Rule - 9. Proceeding not to be vitiated by any vacancy.

The proceedings of a District Planning Committee shall not to be vitiated by any vacancy in its membership due to death or resignation of a member or members or delay in constriction of a Zilla Panchayat or Municipality/Municipalities, as the case may be, for the time being.

Rule - 10. Term of Office.

The term of office of the members of 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.