[1][The
Kerala Panchayat Raj (Standing Committee) Rules, 2000 In exercise of the
powers conferred by Section 162 and 162A of the Kerala Panchayat Raj Act, 1994
(13 of 1994) read with Section 254 thereof, and in supersession of the Kerala
Panchayat Raj (Constitution of Standing Committee and its Procedures and
Powers) Rules, 1995 issued under Notification G.O. (P) No. 222/95/LAD dated
12th October, 1995 and published as S. RO. No. 1200/ 95 in the Kerala Gazette
Extraordinary No. 1025 dated 12th October, 1995, the Government of Kerala
hereby make the following rules, namely:- (1)
These
rules may be called the Kerala Panchayat Raj (Standing Committee) Rules, 2000. (2)
It
shall come into force with effect from the 1st October, 2000. (1)
In
these rules, unless the context otherwise requires,- (a)
"Act"
means the Kerala Panchayat Raj Act, 1994 (13 of 1994); (b)
"Section"
means a section of the Act; (c)
"Form"
means a form appended to these rules. (2)
Words
and expressions used but not defined in these rules, but defined in the Act
shall have the respective meanings assigned to them in the Act. The Panchayat shall, in its first meeting
convened after its constitution or reconstitution thereof and after the
election of its President, determine under sub-section (2) of Section 162, the
number of members that each Standing Committee of the Panchayat shall have in it. (1)
The
President shall give the notice for convening the meeting for the election of
members of the Standing Committee to all the elected members of the Panchayat,
five days prior to the date of the meeting and the notice for convening the
meeting for the election of the Chairman of the Standing Committee, shall be
given to all the members of the Standing Committee concerned two days prior to
the date of the meeting: Provided that in the aforesaid days, declared
public holidays shall include and the date of receipt of the notice and the
date of the meeting shall not include. (2)
The
notice under sub-rule (1) may be given either through an Officer or in person
and the member shall be bound to put his signature on the document in
acknowledgement of the receipt of the notice. (3)
The
other matters in respect of the service of a notice under sub-rule (1) shall be
in the same manner as that of convening an ordinary meeting of the Panchayat. (4)
If
a member intends to contest as a member of the Standing Committee or the
Chairman thereof, as the case may be, he shall be required in the notice under
sub-rule (1), to duly file the nomination in writing, showing the last date and
time for making such nomination to the President. (1)
The
election to elect the members to the Standing Committees to be constituted
under sub-section (1) of Section 162 shall be held in a meeting of the elected
members of the Panchayat convened by the President for this purpose, in the
serial order of the Standing Committees as given in the said sub-section within
fifteen days after the number of members of the Standing Committees has been
fixed under Rule 3. (2)
The
President or, in his absence, the Vice-President shall preside over the
election meeting: Provided that a member who intends to be a
candidate in the election shall not preside over that meeting. Any elected member of the Panchayat may be a
candidate in the election to the Standing Committee: Provided that the President, the
Vice-President, member of any other Standing Committee and the Chairman of any
other Standing Committee shall not be a candidate. (1)
Every
candidate who wishes to be elected to a Standing Committee shall, within the
time and date given in the notice under Rule 4, inform the President of his
candidature in writing. (2)
The
Chairman of the meeting shall read out the names of the contesting candidates
in the meeting. (3)
If
the number of seats vacant in a Standing Committee, and the number of
candidates are equal, the Chairman shall declare all such candidates duly
elected. (4)
If
the number of candidates is more than the number of seats vacant, the members
present in the meeting shall elect the members to the seats vacant in
accordance with the system of proportional representation by single
transferable vote, by conducting election under Rule 8. (5)
If
the number of candidates is less than the number of seats vacant, the Chairman
shall declare such candidates as duly elected and the members required for the
remaining vacant seat or seats shall be elected within five days in a special
meeting convened for the purpose. (6)
In
case, in the special meeting convened under sub-rule (5), there is no candidate
for contesting to a seat and In case all the members to all other Standing
Committees have been elected, the elected member of the Panchayat, who is not a
member of any Standing Committee shall, in the meeting, be inducted to that
place and he shall be bound to hold the post as if duly elected. (7)
In
case there are vacancies of members in more than one Standing Committee and
there are no candidates to contest, the member to the vacant seats in the
Standing Committee shall be elected from the remaining members who are not
members to any Standing Committee, if there is such a member or members, in the
serial order as given under sub-section (1) of Section 162 by majority decision
of the meeting convened under sub-rule (5) and such elected members shall be
bound to hold those posts. (1)
The
Chairman of the meeting shall issue a ballot paper in Form No. 1 appended to
these rules to every elected member of a Panchayat who wishes to vote in the
election to a Standing Committee and the ballot paper shall contain the names
of all the contesting candidates. (2)
Each
member shall, immediately on receipt of the ballot paper, proceed to the place
set apart for voting and record the vote by writing legibly on the ballot paper
the priority given by him in the order of one, two, three and so on against the
names of such number of candidates as may be elected, and after putting his
signature and writing his name on the reverse of the ballot paper, fold the
ballot paper and put it into the ballot box kept at a place fully visible to
the Chairman. (3)
The
Chairman shall, on completion of the voting, open the ballot box in the
presence of the members take out the ballot papers and count the priority votes
obtained by each candidate. (4)
A
ballot paper on which vote has been marked for none of the candidates or on
which vote has been marked giving same priority to more than one candidate or
the reverse of which does not bear the name and signature of the member who
voted, shall be rejected and the rejected ballot papers shall be kept in
separate cover. (5)
Result
of the election shall be declared in accordance with the following procedure,
namely: (a)
On
counting the votes, the candidates, equal in number to that of vacant seats,
securing the highest number of first priority votes shall be declared elected; (b)
On
counting the votes under clause (a), when the first priority, votes recorded to
two or more candidates are equal and one or more members from among them have
to be elected, the second priority votes recorded shall be added to the first
priority votes secured by the respective candidates and the candidate or
candidates who have secured the highest number of such votes shall be declared elected; (c)
On
counting the votes under clause (b), when the total priority votes are equal
for two or more candidates and one or more members are to be elected from among
them the third priority votes recorded shall, be added to the first and second
priority votes secured by the respective candidates and the candidate or
candidates securing highest number of such votes shall be declared elected; (d)
On
counting the votes under clause (c), when the total priority votes are equal
for two or more candidates and one or more members are to be elected from among
them, the counting of vote shall be conducted as given under the foregoing
clauses and such counting shall be continued till members to all the vacant
seats are elected; (e)
On
counting the votes under clause (d), if the total votes to more than one
candidate comes to be equal while only one seat remains vacant, lot shall be
drawn in the meeting for filling up of that post and the person whose name is
drawn first from among the said candidates shall be declared elected. Note:- While counting priority votes under
the above sub-rule, total votes secured by a candidate shall be calculated in
the order that the number of first priority votes secured as zero if no first
priority vote has been secured and the number of second priority votes secured
as zero, if no second priority vote has been secured by the candidate and so
on. (1)
The
President shall, on the occurrence of a casual vacancy of a member in a
Standing Committee, convene a special meeting of the elected members of the
Panchayat within the time given under sub-section (10) of Section 162 and
conduct election in accordance with the procedure under Rule 7 and 8 for the
purpose of filling up the vacancy. (2)
If
more than one casual vacancy occur at a time in a Standing Committee the
vacancies shall be filled up in a single voting. (1)
The
Chairman of Standing Committee other than the Standing Committee for Finance
shall also be elected after the election of its members under Rule 8. (2)
If
casual vacancy occurs in the Office of Chairman of a Standing Committee other
than the Standing Committee for Finance, a member of the Standing Committee
shall be elected as Chairman in its next meeting. (3)
For
the purpose of election of Chairman under sub-rules (1) and (2), the President
shall, as soon as may be and within ten days after the election of members
under Rule 8 or on the occurrence of a casual vacancy of the Chairman, convene
a meeting under his chairmanship. (4)
An
elected member of the Standing Committee shall, in writing, nominate another
elected member as a candidate for the election of the Chairman: Provided that a member shall not propose more
than one name. (1)
Every
candidate who wishes to be elected to the Office of Chairman shall submit the
nomination under Rule 10 to the President within the time and date specified in
the notice under Rule 4. (2)
The
President shall, in the meeting, read out the names of the candidates who have
duly given nominations. (3)
Voting
shall not be conducted, if there is only one person as candidate for the Office
of Chairman and the President shall declare that candidate elected as Chairman. (4)
The
President shall, if there are more than one candidate for the Office of the
Chairman, conduct voting in the meeting and for the voting, issue ballot paper
in Form No, 2 appended to these rules to the elected members present in the
meeting and the ballot paper shall contain the names of all the contesting
candidates. (5)
Each
member shall, immediately on receipt of the ballot paper, proceed to the place
set apart for voting and vote putting the mark 'X' on the ballot paper against
the name of the candidate for whom he intends to vote and after putting his
signature and writing his name on the reverse of the ballot paper, put it into
the ballot box kept in a place visible to the President. (6)
The
President shall, after completion of the voting, open the ballot box, take out
the ballot papers and count the votes secured by each candidate. (7)
The
ballot paper that does not contain the mark 'X' against the name of any of the
candidates or that contains the mark 'X' against more than one name or that
does not bear on the reverse, the name and signature of the member who marked
the vote shall be rejected and the rejected ballot papers shall be kept in
separate cover. (8)
The
President shall declare the candidate who secured the highest number of valid
votes elected as Chairman of the Standing Committee. (9)
The
President shall, in the event of two or more candidate securing the highest
number of valid votes equally draw lot in the meeting and declare the person
whose name is drawn first elected as Chairman. (1)
The
Chairman of a Standing Committee shall preside over its meetings and in his
absence a member chosen by the members present from among themselves shall
preside over the meeting. (2)
A
member presiding over a meeting of the Standing Committee shall, while so presiding,
have all the powers of the Chairman and shall be subjected to all the
liabilities thereof. (3)
The
person presiding over the meeting shall control the meeting and shall decide
the points of order and the matters in respect of procedure arising in or in
connection with the meeting. (1)
Every
member elected to a Standing Committee shall hold the Office as long as he
continues to be a member of the Panchayat. (2)
The
Chairman of a Standing Committee other than the Standing Committee for Finance
shall, unless resigned his Office earlier or unless removed from the Office
under Rule 15 hold the Office as long as he continues to be a member of the
Panchayat, (3)
The
Chairman of the Standing Committee for Finance shall hold the Office as long as
he continues to be the Vice-President of the Panchayat. (1)
A
member of a Standing Committee not being an ex-officio member thereto or the
Chairman of a Standing Committee except that of the Standing Committee for
Finance, who intends to resign under sub-section (7) of Section 162 shall
tender his resignation to the Secretary in Form No.3 appended to these rules. (2)
The
person who intends to resign shall sign the resignation letter before the
Secretary and entrust it directly to the Secretary and in case under any
circumstance it becomes impossible to do so, the resignation letter shall be
sent to the Secretary by registered post after it is attested by a Gazetted
Officer of the State Government Services. (3)
Immediately
on receipt of a proper resignation letter the Secretary shall, record on it the
date and time of its receipt and as to whether it was received direct or by
post and affix his signature thereon and shall give an acknowledgement receipt
direct or by post, as the case may be, to the person concerned. (4)
Resignation
shall come into force with effect from the date of receipt of the resignation
letter by the Secretary and the Secretary shall, forthwith, inform the matter
to the President and the Panchayat and publish it on the Notice Board of the
Panchayat. (1)
A
notice, in respect of the intention of presenting a motion expressing
no-confidence in the Chairman of a Standing Committee other than the Standing
Committee for Finance shall be delivered in person, in Form No. 4 appended to
these rules, signed by not less than one third of the elected members of the
Standing Committees, together with a copy of the motion which is intended to be
presented, to the Officer authorized by the State Election Commission to
receive the notice of no-confidence in respect of the President. (2)
The
Officer referred to under sub-rule (1) shall, for considering the motion,
convene a special meeting of the members of the concerned Standing Committee to
be held at the Office of the Panchayat at a time appointed by him and not later
than fifteen working days from the date on which he received the notice under
sub-rule (1). (3)
The
Officer referred to under sub-rule (1) shall, by registered post, give not less
than seven clear days notice to the elected members of the concerned Standing
Committee, showing the time and date fixed for convening the special meeting
referred to under sub-rule (2). (4)
The
Officer referred to under sub-rule (1) shall preside over the meeting convened
for considering the non-confidence motion. (5)
A
meeting considering no-confidence motion shall not, except for reasons beyond
human control, be adjourned. (6)
The
quorum required for the meeting for considering no confidence motion shall be
on half of the number of members of the concerned Standing Committee, as fixed
by the Panchayat under sub-section (2) of Section 162. (7)
The
person presiding over the meeting shall, immediately after commencing the
meeting read out the motion and shall declare that the discussion thereof has
begun. (8)
A
discussion of no-confidence motion shall not, except for reasons beyond human
control, be postponed. (9)
The
discussion on the no-confidence motion shall cease automatically on the expiry
of one hour from the commencement of the meeting, if not concluded earlier, and
upon the conclusion of the discussion or upon the expiry of the said period of
one hour, as the case may be, the motion shall be put to vote. (10)
The
person presiding over the meeting shall not speak on the merits and demerits of
the motion and he shall not have the right to vote. (11)
If
the motion is passed with a majority of the members of the concerned Standing
Committee as fixed by the Panchayat under sub-section (2) of Section 162 the
Chairman shall, after the same, cease to hold office and he shall be deemed to
have vacated the Office forthwith and the Officer authorized under sub-rule (1)
shall report the matter in writing, to the Government, the President of the
Panchayat and the Secretary. (12)
No
notice of no-confidence motion shall be entertained before the completion of
six months of assuming the Office of the Chairman of the Standing Committee. (13)
Where
the meeting could not be held for want of quorum as per sub-rule (6) or where
the motion is not passed by a majority as per sub-rule (11), as the case may
be, no notice of motion expressing no-confidence in the same Chairman of the
Standing Committee shall be entertained for the same period in which a notice
of no-confidence in the President under the same circumstances shall not be
entertained. Procedure for the
Meeting of the Standing Committee (1)
A
Standing Committee shall meet in the Office of the Panchayat at least once in a
month on such date and time as may be fixed by the Chairman from time to time: Provided that the meeting of the Committee
shall not be held, except in urgent situations, on public holidays or during
the time before 9 O'clock in the morning and after 6 O'clock in the evening. (2)
The
Chairman of the Standing Committee may convene the meeting of the Standing
Committee as and when necessary and shall convene the meeting within forty
eight hours if the Secretary or not less than three members of the Committee
make a request thereof in writing informing the subject to be discussed. (3)
The
Chairman of the Standing Committee shall, at least three clear days before the
date fixed for convening the meeting, give the members notice of the date and
time of meeting and the subjects to be discussed in the meeting: Provided that the Chairman may, in urgent
situations, convene the meeting on shorter notice. Explanation. In the aforesaid clear days,
declared holidays shall include but the date of receipt of the notice and the
date of the meeting shall not include. (4)
The
Chairman shall publish copy of the notice and that of the agenda of the meeting
on the notice board in the Office of the concerned Panchayat. (5)
The
Chairman shall inform the President who is the ex-officio member, the date and
time fixed for the meeting of the Standing Committee and the subjects to be
discussed in the meeting. (6)
The
Secretary shall, in consultation with the Chairman of the Standing Committee,
prepare the agenda of the meeting and include in the agenda, the subjects which
according to him require the consideration of the committee and those which are
proposed by the Chairman. (7)
The
Secretary and the Chairman of the Standing Committee shall have the right to
record, as notes, their opinion in respect of any subject included in the
agenda and the notes so recorded shall, at the time of discussion of the
subject, be submitted before the committee. (8)
The
Standing Committee shall not consider any, matter, except those given under
sub-section (1) of Section 162A: Provided that the Secretary shall, in case
any doubt or dispute arises as to whether any matter has been authorized to the
Standing Committee, inform the same to the Government and the decision of the
Government thereon shall be final. (9)
The
quorum of the Standing Committee shall be three and the Committee shall not
meet without quorum. (10)
The
Standing Committee shall, by majority vote of the members participating in the
meeting decide all matters coming for its consideration but under the circumstances
of equal division of votes, the Chairman of the meeting may exercise a casting
vote. (11)
There
shall be a minutes book to record the proceedings of the Standing Committee and
the decisions of the Committee shall be recorded in the minutes book by the Secretary
or, on the direction of the Secretary, by the ex-officio Secretary referred to
in sub-section (11) of Section 179 and the person who presides over the meeting
shall sign below it. (12)
The
Secretary shall make arrangements for recording minutes. (13)
The
Secretary shall submit every resolution passed by the Standing Committee in the
next meeting of the Panchayat. No resolution of a Standing Committee shall
be modified or cancelled except at a meeting of the Standing Committee
specially convened for the purpose and by a resolution supported by more than
one half of the members fixed by the Panchayat under sub-section (2) of Section
162: Provided that the Standing Committee shall
not modify or cancel any of its resolution three months after it is passed. The Secretary shall, in case two or more
Standing Committees take conflicting decisions on the same subject, submit the
same to the consideration of the Panchayat, and shall, pending decision of the
Panchayat thereon, keep in abeyance, the implementation of such decisions of
the Standing Committees. The Standing Committee may, for the execution
of the functions delegated to it, require the Secretary, ex-officio Secretary
or the employees under the control of the Panchayat to produce any record,
report, return, document or other details and to appear before the committee
meeting to seek further details, as it may deem fit, and if so requisitioned,
they shall be bound to comply with it. Panchayat may subject to Section 256 of the
Act, make bye-laws for any matter not included in these rules regarding
Standing Committee. [1]
Issued under Notification No. 5786/N1/2003/LSGD dated 28-3-2003 w.e.f.
1-10-2000 pub. in K.G. Ex. No. 661 dated 23-4-2003 as SRO 895/2000.The Kerala Panchayat Raj
(Standing Committee) Rules, 2000
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