The Kerala District Planning Committee (Election of Members and Proceedings of Meeting) Rules, 1995.

1. Short title and commencement.

(I) These rules may be called the Kerala District Planning Committee (Election of Members and Proceedings of Meeting) Rules, 1995.

(2) They shall come into force at once.

 

2. Definitions.—In these rules, unless the context otherwise requires,—

(a) 'Act' means the Kerala Municipality Act, 1994 (20 of 1994);

(b) 'District' means a revenue district;

(c) 'District Panchayat' means a District Panchayat constituted under clause (c) of sub-section (1) of Section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994);
(d) District Planning Committee means a District Planning Committee constituted under sub-section (1) of Section 53;
(e) 'Returning Officer' means an officer nominated by the State Election Commission under Rule 5;
(f) 'Member' means the member of the District Planning Committee;

(g) 'Permanent Invitee' means a person permanently invited to a District Planning Committee under any of the sub-sections (5), (6), (7) or (8) of Section 53;

(h) 'Secretary' means the Secretary of a District Planning Committee;

(i) 'Section' means a section of the Act;

(j) Words and expressions used and not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act.

 

3. Fixing the representation to the rural area and urban area in the District Planning Committee.—

(1) The number of members of District Panchayat and Councillors of Municipality to be elected as members of each District Planning Committee under clause (a) of sub-section (2) of Section 53 shall be determined by the Government in proportion to the ratio between the population of rural areas and urban areas in the respective district.

* Published in K.G.Ex. No. 1090 dt. 30-7-2001, as G.O.(P) No. 159/2001/LSGD.

(2) The number of councillors determined under sub-rule (I) shall be divided to the councillors of Town Panchayat, Municipal Councils and Municipal Corporations in proportion to the ratio between the populations of the area having Town Panchayats and Municipal Councils and the area having Municipal Corporation.

(3) While determining the number of members under sub-rule (1) and (2), at least one member shall be allowed to Town Panchayats and Municipal Councils and in a district having Municipal Corporations at least one member for it.

(4) The Government may refix the proportion of the number of members of the District Panchayat members and councillors of Municipalities to be elected to the District Planning Committee either once in ten years on the basis of census or once in five years on the basis of constitution of new Panchayats or Municipalities.

4. Election of the members of the District Planning Committee.—The members to be elected to the District Planning Committee shall be elected under the guidance, supervision and control of the State Election Commission in accordance with the provisions of the Act and these rules.

5. Returning Officer.—The State Election Commission shall nominate an officer of the Government as the Returning Officer for every election to fill a seat or seats in the District Planning Committee.

6. Manner and lime-limit for informing casual vacancies.—Every casual vacancy arising in the seat of any elected member of a District Planning Committee shall be informed to the State Election Commission by the Secretary of the District Planning Committee, within one week from the arising of such vacancy.

 

7. Manner of conducting election meeting.—(1) Election to a District Planning Committee shall be conducted by the Returning Officer,—

(1) The members to be elected from among the members of a District Panchayat, in a meeting of the elected members of that District Panchayat;

(ii) The members to be elected from the councillors of the Town Panchayats and Municipal Councils of a District, in a meeting of the elected councillors of the Town Panchayat and Municipal Council of the District; and

(iii) In the case of the District in which there is a Municipal Corporation, of the members to be elected from the councillors of the Municipal Corporation, in a meeting of the elected members of a Municipal Corporation;

convened by him for the purpose.

(2) Election to the District Planning Committee, shall be held in a meeting convened under sub-rule (1), on a date as may be fixed By the State Election Commission, in the case of an ordinary vacancy, within three months from the date of publication of the names of the elected members or councillors by the State Election Commission followed by the conduct of general election in the District Panchayat, more than half of the Town Panchayats, Municipal Councils and Municipal Corporation as the case maybe, of the "district and in the case of a casual vacancy, immediately after the receipt of the report regarding the vacancy.

(3) The Returning Officer shall serve a notice showing the date, time and place of meeting to the elected members of District Panchayat and the elected councillors of the Municipalities, as the case may be, at least seven clear days prior to the date of meeting and a copy of such notice shall be exhibited on the notice board of the office of the Returning Officer, on the notice boards of District Panchayats and the Municipalities of the District, as the case may be.

Explanation.—In computing the clear days, Sundays and other holidays shall be included, but the date of meeting and the date of service of notice shall be excluded.

(4) The quorum of an election meeting shall be one half of the number of members having the right to vote.

8. Proposal of candidate.—(1) In the election of members to the District Planning Committee.—

        (a) an elected member of a District Panchayat, by another elected member of that Panchayat;

(b) an elected councillor of any Town Panchayat or Municipal Council of the District by another elected councillor of that Town Panchayat or Municipal Council or any other Town Panchayat or Municipal Council of the District; and
(c) an elected councillor of the Municipal Corporation of the District by another elected councillor of that Municipal Corporation;as the case may be shall be proposed as a candidate in writing in Form No. 1 appended to these rules and shall be seconded by such a member or councillor:Provided that a person shall not propose or second more than one name.
(2) Proposals shall be given to the Returning Officer before the commencement of the election meeting.
(3) In the case, if the proposed person is not present in the meeting, the person who make proposal shall also produce the willingness in writing from the proposed person agreeing to serve as a member in the District Planning Committee, if elected.
(4) Any person who has not taken an oath or affirmation as a member of the District Panchayat or as a councillor of the Municipality shall not vote or take part in the election to the District Planning Committee under these rules.

9. List of candidates.—A candidate who is proposed and seconded may withdraw, the candidature by writing and such withdrawal statement shall be given to the Returning Officer in that meeting itself. Returning Officer shall read out the names of all candidates in the meeting, who are duly proposed and seconded and whose candidature are not withdrawn.

10. Procedure of election.—(1) If the number of vacancies of candidates in each category of the District Planning Committee and the number of candidates duly proposed are equal, the Returning Officer shall declare that all such candidates have been duly elected.

(2) If the number of candidates duly proposed in each category are less than the number of vacancies, the Returning Officer shall declare that all such candidates are duly elected and the election to fill up the remaining vacancy or vacancies may be adjourned to the next meeting specially convened for the purpose.
(3) If the number of candidates are more than the number of vacancies in the District Planning Committee, the members to the vacancy shall be elected through proportional representation by single transferable vote by the members of District Panchayat or Councillors, as the case may be, present in the meeting.

11. Manner of recording votes, counting of votes and declaration of result—(1) Every member of District Panchayat or councillor who is desiring to vote in the election shall be supplied with a ballot paper by the Returning Officer in Form No. 2 appended to these rules and the ballot paper shall contain the names of all contesting candidates and on the reverse side of it the seal and signature of the Returning Officer.

(2) Every member of District Panchayat or Councillor, as the case may be, on receiving the ballot paper shall forthwith proceed to the place set apart to vote and place a mark 'x' on the ballot paper against the name of the candidate for whom he wishes to vote and then fold the ballot paper so as to conceal his vote and deposit it in the ballot box placed in full view of the Returning Officer.
(3) If a person who is supplied with a ballot paper violates the nature of secrecy of voting, the Returning Officer shall receive back the ballot paper supplied to him and record on the reverse side of it as "cancelled, violated the nature of secrecy of voting" and shall put his signature beneath it.
(4) If vote has been marked in the ballot paper as cancelled under sub-rule (3), it shall not be taken into account and such ballot paper shall be kept in separate cover.
(5) After completion of voting, in the presence of the members present, the Returning Officer shall open the ballot box and take out the ballot paper therein and count the votes secured by each candidate.
(6) Any ballot paper which does not contain the mark 'X' as specified in sub-rule (2) or which contains the signature or writing of any member of councillor or any mark suitable to identify the person who cast vote or on which the mark 'X' is placed against more than one name, shall be rejected.
(7) If there is only one vacancy, the Returning Officer shall declare that candidate who secures the larger number of valid votes have been elected and in the event of there being an equality of votes between two or more candidates, lots shall be drawn in the meeting and the person whose name has drawn first, that person shall be declared as elected.
(8) If there are vacancies to two or more places, voting shall be repeated by eliminating the candidate who secured the smallest number of votes, and the candidate who secure the larger number of valid votes shall be declared to have been elected, and in the event of there being an equality of valid votes between two or more contesting candidates or in the event of there being an equality of valid votes between two or more candidates who secured the smallest number of valid votes in the list of candidate, then the Returning Officer shall, in the presence of members, draw lot for which of whom shall be eliminated, and the elimination shall be repeated in this manner until the candidates and vacancies become equal.
(9) The Returning Officer shall immediately after the election inform the names of the elected members of the District Planning Committee to the State Election Commission, the Government, respective District Collectors, Secretary of the District Panchayat or Municipality in which the elected person is a member or councillor.

(10) Immediately after the election, the Returning Officer shall seal up the documents of each stage of election in separate covers and shall be handed over the safe custody of the Secretary of the District Planning Committee and the proceedings of election shall be entered in the minutes book of the Committee.

12. Presiding over District Planning Committee Meeting.—(1) The Chairman of the District Planning Committee shall preside over its meeting and in his absence, a member chosen from among the members present shall preside over the meeting.

(2) A member who is presiding over a meeting of the District Planning Committee shall have all the powers of the Chairman While presiding and he is subjected to all liabilities.
(3) The person who presides over shall control the meeting and shall decide the points of order and issues regarding the procedure arising in the meeting or regarding the meeting.

13. Procedure of the meeting of the District Planning Committee.—(1) The District Planning Committee shall hold the meeting at least once in every three months, on the date, time and venue fixed by the Chairman.

(2) The Secretary shall give notice regarding the date, time and venue of the meeting and the subjects to be discussed in the meeting to all the members of the committee and permanent invitees at least seven clear days before the date fixed to hold the meeting:

Provided that in the case of urgency, the Chairman may convene the meeting by giving short notice.

Explanation.—In the above said clear days the declared public holidays shall include and the date of receipt of the notice and the date of convening of meeting shall not include

(3). The agenda of the Meeting shall be prepared in consultation with the Chairman of the District Planning Committee by the Secretary or any Joint Secretary authorised by the Secretary and the agenda shall include the subjects which the Secretary deems that the consideration of the Committee is required and the subjects proposed by the Chairman. The Chairman, members and permanent invitees of the committee shall have the right to record their opinion by note regarding any subject included in the agenda and such recorded notes shall be submitted before the committee while discussing that subject.

(4) The quorum of the District Planning Committee meeting shall be five members and the committee shall not be held without quorum.
(5) All matters which come to the consideration of the committee shall be decided by the combined majority of votes of the members and permanent invitees participating in the meeting, but in the case of equality of votes, person presiding may exercise a casting vote..
(6) There shall be a minutes book to record the proceedings of the committee and the decisions of the committee shall be recorded therein and the person presiding shall put his signature below the decisions so recorded.
(7) The Secretary shall forward the copy of the minutes to the members and permanent invitees of the committee and Government within one week after the meeting.

14. Term of office of the Committee.— (1) The term of office of an elected member of a District Planning Committee shall, so long as he continues to be a member of a District Panchayat or Councillor of a Municipality, as the case may be.

(2) A member nominated under clause (c) of sub-section (2) of Section 53 of the Act shall, from the date of his nomination, hold such office only for the period during the pleasure of the Government:

Provided that the term of office of such a member nominated to a District Planning Committee shall not in any case, exceed the term of office of that committee.

15. Preparation of draft development plan.—The District Planning Committee shall prepare the draft development plan before 30th September of every year for the next financial year in accordance with sub-section (9) and (10) of Section 53, and the Chairman of the Committee shall forward the same to the Government for approval.
16. Constitution of Sub-committees.—(1) A District Planning Committee may constitute sub-committees consisting of members of the District Planning Committee and the experts nominated from the respective fields by the Committee for submitting reports after studying about the developmental requirements of that District.

(2) The constitution, term of office, procedures and functions of sub-committees shall be such as may be decided by the District Planning Committee.

 

APPENDIX FORM No. 1

(See Rule 8) Nomination Paper

Election to the.................District Planning Committee.

1. Name of candidate :
2. District Panchayat/Municipal Corporation/ Municipal Council/Town Panchayat in which the candidate is a member
3. Name of proposer :
4. District Panchayat/Municipal Corporation / Municipal Council/Town Panchayat in which the proposer is a member
5. Name of the seconder :
6. District Panchayat/Municipal Corporation/ Municipal Council/Town Panchayat in which the seconder is a member

 

 

 

DECLARATION OF CANDIDATE

I declare that I am willing to contest as a candidate in the election to the .......................................District Planning Committee.

 

Date: Signature and Name of candidate.

 

 

DECLARATION OF PROPOSER

 

I here by propose the above said candidate

 

Signature and name of proposer.

 

I here by second the nomination of the above said candidate

 

Signature and name of seconder

 

Form 2

[See sub-rule (1) of Rule 11]

BALLOT PAPER

Serial No Name of candidate Mark of vote

 

 

 

 

 

Explanatory Note

(This does not form part of the Notification, but is intended its general purpose)

Clause (a) of sub-section (2) of Section 53 of the Kerala Municiapality Act, 1994(20 of 1994) empowers the Government to prescribe the manner of election of the members of the District Planning Committee and sub-section (12) of the said section empowers the Government to prescribe the procedure to be followed in the District Planning Committee meeting including the quorum of such meeting. The Government intends to prescribe such procedure and manner of election. This notification is intended to achieve the above object.