State of Gujarat - Act
Gujarat Metropolitan Planning Committees Rules, 2016
GUJARAT
India
India
Gujarat Metropolitan Planning Committees Rules, 2016
Act 19 of 2016
- Published on 21 January 2016
- Commenced on 21 January 2016
- [This is the version of this document from 21 January 2016.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title, extent and Commencement.
2. Definitions.
3. Constitution of Metropolitan Planning Committee.
- There shall be constituted a Metropolitan Planning Committee for each metropolitan area by the State Government in accordance with sub-section (1) of section 3 of the Act.4. Determination of number of members of Committee.
5. Constituencies of the Committee.
6. Appointment of Election Authority.
7. Appointment of Returning Officer.
- For the purpose of conduct of election of the members of the committee, the election authority shall appoint an officer to be the Returning Officer, who shall be an officer not below the rank of Additional Collector.8. Appointment of Assistant Returning Officer.
9. Preparation of List of Voters.
10. List of Voters be conclusive.
- Subject to any disqualification incurred by a person, the final list of voters published under sub-rule (4) of Rule 9, shall be conclusive evidence of the voters' right to vote or, as the case may be, his right to be elected at an election.11. Polling Stations.
12. Appointment of Presiding Officer and Polling Officer.
13. Duties of Presiding Officer and Polling Officer.
14. Appointment of Dates for Various Stages of Election.
| (i) | The last date for filing nominations. | 15 (fifteen) days from the date of noticepublished under Rule 9. |
| (ii) | Date of scrutiny of nomination | Not later than 2 (two) days after the last datefor filing nominations. |
| (iii) | Date by which candidature may be withdrawn. | Within 3 (three) days after the last date ofscrutiny of nominations. |
| (iv) | Date of publication of the final list ofcontesting candidates | The day next succeeding the last date fixed forwithdrawn of candidatures. |
| (v) | Date on which and the time during which pollshall be taken. | 10 (ten) days from the date of publication ofthe final list of contesting candidates. |
| (vi) | Date and the time and place for counting ofvotes. | The second day from the date on which the pollis taken. |
| (vii) | Date of declaration of the results of voting. | Immediately after counting of votes. |
15. Manner of Publication of Order under Rule 14.
16. Notice Inviting Nominations.
- Immediately on the issue of a public notice under Rule 9 read with Rule 14, the Returning Officer shah issue a public notice, in Form I-A17. Nomination of candidates.
18. Presentation of Nomination Paper and Requirements for Valid Nominations.
19. Notice of Scrutiny of Nomination Papers.
- The Returning Officer shall, on receiving the nomination paper (in Form IIA) under Rule 18 acknowledge the receipt thereof in Form IIB and inform the person or persons delivering the same, of the day, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper, its serial number and shall sign thereon, stating the date on which and the hour at which the nomination paper has been delivered to him and shall, as soon as may be thereafter cause to be affixed in some conspicuous place in his office, a notice of the nomination containing descriptions similar to these contained in the nomination paper, both of the candidate and of the proposer in Form II C (1).20. Scrutiny of Nomination Papers.
21. Publication of List of Valid Nominations.
- Immediately after all the nomination papers have been scrutinized and decision accepting or rejecting the same has been recorded, the Returning Officer shall prepare a list, in Form II-C2 of candidates whoso nominations have been accepted and shall affix the list on his notice board recording the date on which and the time at which the list was so affixed.22. Appeal.
23. Withdrawal of Candidature.
24. Preparation of List of Contesting Candidates.
25. Publication of List of Contesting Candidates.
- As soon as the copy of the list of contesting candidates from each constituency is ready, the Returning Officer shall immediately cause it to be published and affixed on the notice board of his office and shall also supply a copy thereof to each of the contesting candidates and, on demand, to his election agent.26. Appointment of Election Agent and Revocation of Appointment.
27. Countermanding of Poll on Death of Candidate Before Poll.
- If a contesting candidate dies and a report of his death is received by the Returning Officer before the commencement of the poll, the Returning Officer shall, upon being satisfied of the event of the death of the candidate, countermand the poll and all proceedings with reference to the election shall be commenced afresh in all respects for a fresh election;28. Uncontested Elections.
- If, after the expiry of the period within which candidatures may be withdrawn under Rule 23, the number of candidates in the constituency whose nominations have been accepted is equal to or less than the number of seats to be filled, the Returning Officer shall forthwith declare such candidate or all such candidates to be duly elected to fill the seat or the relevant number of seats, as the case may be, and shall complete and certify the declaration in Form IV.29. Procedure for Conduct of Election.
- The procedure prescribed in the Municipal Corporations, and Nagarpalikas (Qualification, Election and Appointment of Nominated Councilors) Rules, 1995 for the purpose of conduct of election, including counting of votes, of Councilors, shall, mutatis-mutandis, apply in respect of the elections of the elected members of the Metropolitan Planning Committee.30. Declaration of Result.
- When the counting of votes has been completed, the Returning Officer shall, then, declare the result of the candidates having been elected in Form-V and shall send sighed copies thereof immediately, to the Election Authority'.31. Publication of Names of Elected Members of Committee.
32. Filling of Casual Vacancies.
- In the event of any vacancy occurring on account of death, resignation, disqualification or for any other reason, the member secretary of Committee shall forthwith communicate the occurrence of the vacancy to the Election Authority of the Metropolitan Area and such vacancy shall be filled in by' holding bye-election in the like manner.Chapter V
Meeting of Committee
33. Meeting of Committee and procedure to be followed.
34. Place of Meeting.
35. Quorum for Meeting and Transaction of Business.
36. Restrictions on Attending Meeting by Proxy.
- No proxy or a holder of power of attorney or letter of authority shall be eligible to attend a meeting of the Committee on behalf of any member of the Committee.37. Decisions of Committee.
- All decisions at a meeting of the Committee shall as far as possible be arrived at by general consensus. How ever, in case of disagreement amongst the members, the matter shall be decided by simple-majority of the members present at the meeting. Every member shall have one vote and the voting shall held byrising of hands. In case of an equality of votes, the Chairperson shall have and exercise a second or casting vote.38. Minutes of Meeting.
39. Custody of Records of Committee.
- All records of the Committee shall be in the custody of the Member-Secretary.40. Maintaining order at Meeting of Committee.
- The Chairperson shall preserve the order at a meeting. The Chairperson may direct any member who refuses to obey his decision or whose conduct is, in his opinion grossly disorderly, to withdraw himself immediately from the meeting and any member so ordered shall withdraw himself immediately from meeting and shall absent himself during the reminder period of the day's meeting.Form 1[See Rule 9 (4) and (16)]List of Voters........Metropolitan Planning CommitteeConstituency| Sr.No | Name of Candidate | Sex | Age | Period of Tenure* | Identity Card No. |
| (1) | (2) | (3) | (4) | (5) | (6) |
| 1. | |||||
| 2. | |||||
| 3. | |||||
| 4. |
| Electoral Roll Publication on............ | |
| Place:Date: | Collector |
| * Period of Tenure in Local Authority. |
| Place:Date: | Election Authority |
| Date: | Signature of Proposer |
Part No – ........................... of constituency in the ...........................Metropolitan Area.
| Date: | (Signature of Proposer) |
| Place:Date: | (Signature of Candidate) |
| Place:Date: | Returning Officer |
| Place:Date: | (Returning Officer) |
| Sr.No | Date | Name of Constituency | Name of Candidate | Candidate's Address | Name of Proposes |
| (1) | (2) | (3) | (4) | (5) | (6) |
| 1. | |||||
| 2. | |||||
| 3. | |||||
| 4. |
| Place:Date: | Returning Officer |
| Sr. No. | Name of Candidate | Name of the Father/mother/husband of candidates | Address of Candidates |
| (1) | (2) | (3) | (4) |
| 1. | |||
| 2. | |||
| 3. | |||
| 4. |
| Place:Date: | (Returning Officer) |
| Place:Date: | Signature of candidate |
| Serial No | Names of Candidates | Address of Candidates |
| 1 | ||
| 2 | ||
| 3 | ||
| 4 |
| Place:Date: | Returning Officer |
| Place:Date: | Signature of candidate |
| I accept the above appointment. | |
| Place:Date: | Signature of election agent |
| Approved | Signature and Seal of theReturning Officer |
| Place:Date: | Signature of candidate |
| Place:Date: | Signature of candidate / election agent. |
| I agree to work as a polling agent. | |
| Place:Date: | Signature of Polling Agent. |
| Place:Date: | Signature of candidate / election agent. |
| Serial No | Name of the elected candidate/candidates | Name of the constituency |
| 1 | ||
| 2 | ||
| 3 |
| Place:Date: | Signature and Seal of theReturning Officer |
| Sr. No. | Name of the candidate | Sex | Votes Obtained |
| (1) | (2) | (3) | (4) |
| 1. | |||
| 2. | |||
| 3. | |||
| 4. |
| Sr. No. | Names of the elected Candidates |
| 1 | |
| 2 | |
| 3 | |
| Place:Date: | Returning Officer |