Section 3 in Tariff Advisory Committee (Election Of Members, Meetings, Functions And Miscellaneous Regulations, 2004
3. Election Procedure.-
(1)For the election of representatives of insurers, the Election Officer shall invite nominations of candidates from each of the constituencies of insureres pursuant to the provisions of Rule 41 of the Insurance Rules, 1939, as substituted by the Insurance (Amendment) Rules, 2004.(2)Every nomination shall be duly signed by the candidate :Provided that no person, other than the Chief Executive Officer (CEO) of an insurer shall be nominates( as a candidate for election by the Board and no person other than the Chief Executive Officer (CEO) of an insurer, as may be specified in this behalf by the Board shall cast vote on behalf of an insurer.(3)Every such nomination shall be sent to the Election Officer before the time and date as may be specified by him while inviting nominations of candidates pursant to sub regulation (1).(4)The Election Officer shall scrutinize the nomination papers on the date specified by him, and every nomination which is received beyond the specified date and time shall be rejected by hirn, for reasons to be recorded in writing :Provided that the nomination paper shall be in such form as annexed to these Regulations.(5)Any candidate may withdraw his candidature by notice in writing signed by him, with the approval of his Board, and delivered to the Election Officer by the date and time to be specified by the Election Officer, and withdrawal of candidature once tendered shall be irrevocable, as far as that election is concerned.(6)The Election Officer shall intimate the withdrawal of every candidate to the other candidates standing for election from the same constituency.(7)Where the number of candidates nominated by the insurers in any constituency does not exceed the number of members to be elected from that constituency, the candidates so nominated shall be declared elected by the Election Officer and their names shall be made public by him through the websites of the Authority and Committee.(8)Where the number of candidates nominated by insurers in any constituency exceeds the number of members to be elected from that constituency, an election shall be conducted in the manner provided in these regulations.(9)(8) The Election Officer, on the date to be specified by him, shall send by registered post to the registered office of every voter in the constituency, a voting paper together with necessary instructions as to how to fill in the voting paper and specifying the date and hour by which it shall reach him.(10)Every voting paper shall bear the seal of the Committee and shall contain a list of candidates for election from the constituency.(11)Every voter shall have one vote only :Provided that where the licence of any insurer is suspended or cancelled by the Authority and so long as such a suspension or cancellation is not revoked by the Authority, such an insurer forfeits his right to nominate any candidate for election or vote at the election.(12)Every voter while giving his vote, shall place on his voting paper 'X' mark in the square opposite the name of the candidate for whom he votes.(13)Every voter after filling his voting paper in the manner as stated in sub-regulation (12) shall send the same in a sealed envelope either in person or by registered post to the Election Officer so as to reach him not later than the time and date specified in this behalf.(14)A vote shall be deemed to be invalid in the event of any of the following instances or circumstances:(i)if the voter signs his name or writes any word or makes any mark on the voting paper by which the identity of the voter is disclosed;(ii)if the vote is recorded on a voting paper which does not bear the seal of the Committee;(iii)if the 'X' mark is not marked on the voting paper in the manner as stated in sub regulation (12);(iv)if the 'X' mark is set opposite the name of more than one candidate;(v)if the voting paper is unmarked or if the vote is otherwise void for uncertainty;(vi)if the voting paper reaches the Election Officer beyond the prescribed time and date, for any reason whatsoever;(vii)if the voter is otherwise disqualified voting.(15)The counting of votes shall take place at the office of the Committee, on the date and time as may be specified by the Election Officer, in the presence of an independent scrutineer appointed by the Election Officer, and at the time of counting, the Election Officer may allow the presence of the candidate or his authorized representative :Provided that person to be appointed as the independent scrutineer shall not either be a candidate or his authorized representative.(16)The votes shall be examined by the Election Officer and after rejecting any invalid votes, he shall proceed to count the number of votes secured by each candidate, constituency-wise.(17)The Election Officer shall prepare a ranking list of the candidates on terms of the number of valid votes secured by each candidate pertaining to his consituency, duty witnessed by the scrutineer, and declare the results through the websites of the Authority and Committee :Provided that in the event of a tie, the candidate representing an insurer or a reinsurer, as the case may be, with a larger gross domestic general insurance premium or the gross domestic reinsurance premium, as the case may be, in the immediate preceding year shall get precedence in the ranking list.
