The Arunachal Pradesh Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 116, Vol. XVII, Naharlagun, Friday, September 3, 2010, Bhadra 12, 1932 (Saka) GOVERNMENT OF ARUNACHAL PRADESH DEPARTMENT OF URBAN DEVELOPMENT ITANAGAR NOTIFICATION The 24th August, 2010 No. DTP/MUN-18/2009-10.-ln exercise of the powers conferred by sub-section (1) of section 89 of theArunachal Pradesh Municipal Elections Act, 2009 (Act No. 4 of 2009), and in supersession of theArunachal Pradesh Municipal Delimitation of Ward Rules, 2009, the State Government hereby makes the following rules to regulate the delimitation of Municipal Wards in the Municipalities of Arunachal Pradesh, namely:-
1. (1) These rules may be called the Arunachal Pradesh Municipal Delimitation of Short title, Ward Rules, 2010. commencement, intent.
(2) They shall come into force at once.
(3) They shall apply to all the Municipalities.
2. In these Rules, unless the context otherwise requires, -
(a) "Act" means the Arunachal Pradesh Municipal Elections Act, 2009 (Act No. 4 of 2009).
Definitions.
(b) "associate member" means a member associated under sub-rule (2) ofRule4;
(c) "Adhoc Body" means a Delimitation Committee constituted under Rule 4 ;
(d) "associate member" means a member associated under sub-rule (2) of Rule 4;
(e) "Director" means the Director Local Self Government, Arunachal Pradesh ;
(f) "Government" means the Government of the State of Arunachal Pradesh.
3. (1) After every official census, the total number of seats of each Committee shall Fixation of be fixed by the Government on the basis of the latest Census figures. In seats of case certain area is included within, or excluded from the limits of a Committee, Committees.
the population shall be ascertained on the sopt in respect of such area and shall be added to, or excluded from the latest census figures of that Committee for the purpose of re-fixation of seats of its committee. The maximum number of seats to be filled by election on each committee shall be fixed/re-fixed in accordance with the following formula :- FORMULA Municipality with a population Number of seats 2 Not exceeding 10,000 Exceeding 10,000 but not exceeding 15,000 Exceeding 15,000 but not exceeding 20,000 Exceeding 20,000 but not exceeding 25,000 Exceeding 25,000 but not exceeding 30,000 Exceeding 30,000 but not exceeding 35,000 6 8 10 13 16 17 -· 2 TheArunachal Pradesh Extraordinary Gazette, September 3,2010 2 Exceeding 35,000 but not exceeding 40,000 18 Exceeding 40,000 but not exceeding 45,000 19 Exceeding 45,000 but not exceeding 50,000 20 Exceeding 50,000 but not exceeding 55,000 21 Exceeding 55,000 but not exceeding 60,000 22 Exceeding 60,000 but not exceeding 65,000 23 Exceeding 65,000 but not exceeding 70,000 24 Exceeding 70,000 but not exceeding 75,000 25 Exceeding 75,000 but not exceeding 80,000 26 Exceeding 80,000 but not exceeding 85,000 27 Exceeding 85,000 but not exceeding 90,000 28 Exceeding 90,000 but not exceeding 95,000 29 Exceeding 95,000 but not exceeding 1,00,000 30 Validity of Existing Seats.
Constitution of Delimitation Committee.
Functions of Delimitation Committee.
3.A Notwithstanding, anything contained in Rule 3, the number of seats fixed for each Municipal committee on the basis of the figures of the census preceding the latest census, shall continue to be valid till the number of seats is increased/decreased on the · basis of the latest census figures in accordance with the provision of Rule 3.
4.(1) For the purpose of carrying out the provisions of these rules, the Deputy Commissioner or the Municipal Electoral Registration Officer as the case may be, shall as per the direction of State Election Commission constitute an Delimitation Committee for each Municipality consisting of the following members, namely:-
(i) Deputy Commissioner of the District, in which the Municipality is situated, or his representative shall be the Chairperson.
(ii) President or Administrator of the Committee concerned; and
(iii) The Chief Municipal Executive Officer of Municipal Executive Officer of concerned Municipality.
(iv) Town Planner.
(v) District Land Revenue and Settlement Officer.
(2) The Deputy Commissioner shall associate with itself not more than five members belonging various interests/groups out of the sitting members of the Municipality it or out of the members of dissolved Municipality, as the case may be.
5. It shall be the duty of the Delimitation Committee-
(i) to divide the Municipality into such number of wards as may be necessary, having regard to the number of elected members fixed by the Government for the Municipality under rule 3 and the number of seats reserved for members of the Scheduled Castes, Backward Classes and Women, and
(ii) to readjust the wards as and when the limits of the Municipality are altered or there is increases in population of the Municipality or there is abnormal variation in population/or voting figures of some of the wards of which requires such re-adjustment:
Provided that the Government may, at any time order re-delimitation of wards of any or all of the Municipality, if it considers it expedient to do in the public interest.
Procedure 6. ( 1) The meetings of the delimitation Committee shall be convened by the Deputy and Powers of Commissioner as per instruction of the State Election Commission, after giving notice of at theAdhoc least seven days of the date, time and place of the meeting to its members.
Body.
(2) The quorum necessary for the transaction of business at a meeting of the Delimitation Committee shall be three.
(3) All questions which come before any meeting of the Delimitation Committee shall be decided by a majority of the votes of the members present and voting. In case of an equality of votes, the Chairman of the meeting shall have a second or casting vote.
(4) The Delimitation Committee shall have power to act notwithstanding the temporary absence of a member or an associate member or of the existence of a vacancy in the body, and no act or proceeding of the Delimitation Committee shall be invalid or called in question on the ground merely of temporary absence of a member or an associate member, or of the existence of such a vacancy.
TheArunachal Pradesh Extraordinary Gazette, September 3, 2010 3
7. The following principles shall be observed by the Delimitation Committee in the Delimitation of wards of a committee namely:-
(a) wards shall be strictly as per geographical contiguity and compactness of the houses and having regards to physical features, existing boundaries of administrative units etc.However no wards delimitation shall be done in the name of caste, creed, race and religion etc.
(b) the population of each ward, as far as practicable, should be the same throughout the Municipality with a variation upto 10 per cent above or below the average population per ward.
8. The Deputy Commisioner, shall, as soon as may be. after it has prepared the Proposal for proposal for the delimitation of wards of the Municipality , submit the same to the State Election delimitation of Commiossion for further submission to Government for consideration. wards to be Priciples for delimitation of wards of Municipality.
9. The Government shall - sent to Government.
Publication of proposal for delimitation of wards.
(a) on receipt of the proposals, for delimitation of wards published in the Official Gazette inviting claims and objections (within period of 30 days) if any under rule 8, for eliciting objections or suggestions from the affected persons of the Municipality ;
(b) specify a date on or after which the proposal along with objections or suggestions, if any, will be considered by it ;
(c) consider all objections or suggestions which may be received by it before the date so specified ; and
(d) thereafter. by order, determine the delimitation of wards of the Municipality .
10. The Government shall publish its order made under Rule 9 in the Ofiicial Gazette. Publication of and upon such publication every such order shall have the force of law. final order of Government
11. The Government may, from time to time, by notification in the Official Gazette, correct any printing mistakes in any delimitation proposal/order made by it.
Correction of printing mistakes in the delimita tion proposal/ order made by Government.
12. Any rule relating to the delimitation of wards of Municipality applicable to the committee immediately before the commencement of these rules shall stand repealed : Provide that any order made or action taken under the rule so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
Repeal and Saving.
K. Kholie, Secretary (Urban Development), Government of Arunachal Pradesh, Itanagar.
Published and printed by Directorate of Printing--4 09/2010-Dir. (Town Planning)-110-9-2010.