The Goa Zilla Panchayat (Election of Adhyaksha and Upadhyaksha) Rules, 1997

9384626e122c3b68daff731803bdb4ae83c3ea46 · 1994 · Goa

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Parent: The Goa Panchayat Raj Act, 1994 (5a81924725426dc4fd1730a6d0d2b940d9864fc5)

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The Goa Zilla Panchayat (Election of Adhyaksha and Upadhyaksha) Rules, 1997 ________ Department of Panchayati Raj and Community Development Directorate of Panchayat ________ Notification 10/DP/ZP/96 Whereas the draft of the Goa Zilla Panchayat (Election of Adhyaksha and Upadhyaksha) Rules, 1996 was published as required by sub-section (1) of section 240 of the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), at pages 479 to 482 of the Official Gazette, Extraordinary, Series I, No. 37 dated 13-12-1996, under Notification No. 10/DP/ZP/96 dated 13-12-1996 of the Department of Panchayat Raj and Community Development, inviting objections and suggestions from all persons likely to be affected thereby before the expiry of fifteen days from the date of publication of the said Notification in the Official Gazette; And whereas the said Official Gazette was made available to the public on 13th December, 1996; And whereas no objections/suggestions have been received from the public on the said draft Rules by the Government. Now therefore, in exercise of the powers conferred by sub-section (3) of section 133 read with sub-section (1) of section 240 of the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), the Government of Goa hereby makes the following rules, namely:— 1. Short title and commencement.— (1) These rules may be called the Goa Zilla Panchayat (Election of Adhyaksha and Upadhyaksha) Rules, 1997. (2) They shall come into force at once. 2. Definitions.— In these rules, unless the context otherwise requires,— (a) ‘Act’ means the Goa Panchayat Raj Act, 1994 (Act No. 14 of 1994); (b) "Administrative Tribunal" means the Administrative Tribunal constituted under section 3 of the Goa Administrative Tribunal Act, 1965 (Act 6 of 1965); (c) ‘Director’ means the Director of Panchaya

Rule TOC

1 · Short title and commencement.— (1) These rules may be called the Goa Zilla Panchayat (Election of Adhyaksha and Upadhyaksha) Rules, 1997.

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

3 · Filing of nominations at election of Adhyaksha and/or Upadhyaksha.— (1) When the Director convenes a special meeting of the elected members of the Zilla Panchayat referred to in clause (i) of section 117 of the Act for election of the Adhyaksha, and/or Upadhyaksha, the Director shall cause a notice of the date, time and place fixed at least four days before the date of such meeting to be sent to every elected member. Such notice may be issued by the Presiding Authority or by the Executive Officer if so authorised by the Presiding Authority in this behalf. In such notice, the Officer to whom nomination papers may be delivered shall also be specified. At any time before noon on the day preceding the date so fixed, a member may nominate

4 · Mode of serving notice.— Every notice issued under rule 3 shall, if practicable, be served personally by delivering or tendering it to the member to whom it is addressed or if such person is not found, by giving or tendering it to an adult member or servant of his family found at his usual place of residence. If there is no such person to whom notice can be given or tendered, it shall be served by affixing it on the outer door or some other conspicuous part of the house in which the member ordinarily resides. If none of the aforesaid mode of serving notice is feasible, the notice shall be affixed on some conspicuous part of the house in which the member is known to have resided.

5 · Members to nominate not more than one candidate.— No member shall nominate more than one candidate for the office of Adhyaksha and/or Upadhyaksha under rule 3:

6 · Scrutiny of nominations.— After the commencement of the meeting, the Presiding Authority shall scrutinize all nomination papers presented to him under rule 3, and shall read out at the meeting the names of the members who, in his opinion have been duly nominated, together with those of their proposers. Any dispute as to the validity of the nomination papers shall be decided by the Presiding Authority.

7 · Withdrawal of candidature.— (1) After the nomination papers are delivered to the officer so notified by the Director any candidate may at any time before the time fixed for the meeting for elections of Adhyaksha and/or Upadhyaksha as the case may be, withdraw his candidature by a notice in Form II appended hereto in writing subscribed by him and delivered to the Presiding Authority, within fifteen minutes from the time of reading out the names of duly nominated Members under rule 6.

8 · Procedure for election.— (1) If after withdrawal of candidature, if any, there is only one candidate duly nominated, he shall be declared to have been duly elected as the Adhyaksha or Upadhyaksha, as the case may be.

9 · Power to adjourn and hold meeting again if election is not held.— If, for any reason, the meeting called for election of the Adhyaksha and/or Upadhyaksha, as the case may be, does not result in election of the Adhyaksha and/or the Upadhyaksha, the Presiding Authority shall

10 · Miscellaneous Provisions.— When elections of both the Adhyaksha and Upadhyaksha are to be held at the same meeting,—

11 · Determination of disputes relating to election of Adhyaksha or Upadhyaksha.— (1) Any dispute regarding the election of Adhyaksha or Upadhyaksha may be referred in the form of a petition to the Administrative Tribunal for decision by any member feeling aggrieved from the result declared under rule 8:

12 · Casual vacancies.— The provisions of these rules shall mutatis mutandis apply to the election of the Adhyaksha or Upadhyaksha to be held at meeting to be called under section 133: