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In exercise of the powers conferred under Rule 23 of the Daman and Diu Election of Upa-Sarpanch of a Gram Panchayat and President and Vice-President of District Panchayat, Rules, 2013, I,

Union territory Notification of Dadra and Nagar Haveli and Daman and Diu · 201245,612 characters of text

The enactment

TypeNotification
Year2012
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectsconstitutional, agriculture, local

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

"lffI UT EXTRAORDINARY Daman 29h July, 2013, 7 Sravana 1935 (Saka) No.

OFFICIAL- GAZETTE" 29 WAPW G„ rcinnicii of India ell% • U.T. ADMINISTRATION OF DAMAN & DIIJ Mra ?ter rrr qq'tf^irl PUBLISHED BY AUTHORITY U.T. Administration of Daman & Diu Department of Panchayati Raj Institution Office of the Secretary Panchayat , Daman & Diu Moti Daman No.3/50/SS(PRI)/SDP/DMN /2012 -13/85 Dated :- 29/07/2013 NOTIFICATION In exercise of the powers conferred under Rule 23 of the Daman and Diu Election of Upa-Sarpanch of a Gram Panchayat and President and Vice-President of District Panchayat, Rules, 2013, I, Gyanesh Bharti, Secretary Panchayat, Daman and Diu, do hereby publish the names of the duly elected President and Vice-President of the District Panchayat, Daman and District Panchayat, Diu as shown in the Schedule mentioned below, in pursuance of Elections held on 27/07/2013:

Sr. Name of District No.

1 (2)

1. Daman Name of the District Pancyat Name of Person Elected as President / Vice-President

(3) District Panchayat, Daman Diu I District Panchayat, Diu

(4) PATEL KETAN DAHYABHAI President PATEL NAVINBHAI RAMANBHAI SHASHIKANT MAUGI BARIA AMRATLAL JIVA Vice-President President Vice-President Sd/- (Gyanesh Bharti) Secretary Panchayat, Daman & Diu 2 EXTRAORDINARY No. : 29 DATED : 29TH JULY, 2013.

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Price Rs. 1.00 J Page 2 of 2 Daman aT_flTq1_M EXTRAORDINARY 26" July, 2013, 4 Sravana 1935 (Saka) 28 No.

OFFICIAL GAZETTE WMFM 7M.1 /0vl' r11111d111 of India _,:^ * U.T. ADMINISTRATION OF DAMAN & DIU ut1 uT -am f?m PUBLISHED BY Al TI IU121TY U.T. Administration of Daman & Diu Department of Panchayati Panchayat Damantl& Diu Office of the Secretary Moti Daman Notification Whereas draft of Daman and Diu District Panchayat (Meeting) Rules, 2013" were payati ublished by Union Territory of Daman and Diu through the Dep O dente of 23a/03/2013 Raj Institution's Notification No.4/21/SPL- 007 (dadated 23" March,2013.o.07 published in Official Gazette Extraordinary Ndraft whereas the objections and suggestions received in respect ct ofTerritory saDaman Rules, have been duly considered by the Administrator of the Union rY and Diu.

Now, therefore, in exercise of the powers conferred by sub section (1) and clauses

(zh) and (zi) and sub-section (2) of section 121 of the Daman and Diu Panchayat Regulation, 2012 (no.4 of 2012), the Administrator, Union Territory of Daman and Diu hereby makes the following rules, namely:- -2- EXTRAORDINARY No. : 28 DATED : 26T" JULY, 2013.

Rules

1. Short title and commencement :- (1) These rules may be called the District Panchayat of Daman and Diu (Meeting) Rules, 2013.

(2). They shall come into force on the date of their publication in the Official Gazette.

2. Definition :- In these rules unless the context, otherwise requires :-

(a) "Chief Executive Officer" means the Chief Executive Officer of a District Panchayat;

(b) "Clear days" means days exclusive of the day of issue of a notice or intimation, the day of meeting and any gazetted holiday or Sunday;

(c) "Collector" means the Collector of Daman and Diu;

(d) "Member" means a member of the District Panchayat, established under section 54of the Regulation ;

(e) "Motion" means a proposal to evoke action on the part of the District Panchayat and includes an amendment of a motion;

(f) "President" means the President of the District Panchayat;

(g) "Regulation" means the Daman and Diu Panchayat Regulation, 2012;

(h) "Secretary Panchayat" means the Secretary in charge of the Department of Panchayati Raj in the Union Territory of Daman and Diu;

(i) "Vice-President" means the Vice-President of the District Panchayat.

-3- L EXTRAORDINARY No. 28 DATED : 26T" JULY, 2013.

3. Panchayat to meet once a quarter :- The District Panchayat shall meet at least once in each quarter of the year on such date and at such time as may be fixed by the President or in his absence by the Vice President. The meeting shall generally be held at the District Panchayat Office. The Agenda of the meeting shall be prepared by the Chief Executive Officer in consultation with the President or in his absence with the Vice -President.

4. Chief Executive Officer to intimate the date of meeting :- The Chief Executive Office of the District Panchayat shall, at least seven clear days before the date fixed for any ordinary meeting send or cause to be sent to all the members intimation of the date, time and place of and the business to be transacted at the such meeting. A copy of such intimation shall be sent to the Secretary Panchayat. No meeting shall be held on any day observed as public holiday.

5. President or Vice President may on his own motion and shall when called upon by the Secretary Panchayat call a special meeting :- (1) The President or in his absence the Vice - President, may, on his own motion and shall, when called upon by the Secretary Panchayat, call a special meeting of the District Panchayat at any time or on the written requisition of not less than half the total number of members by a general or special order, issued within eight clear days from the date of receipt of such requisition, call a special meeting:

Provided that if the President or the Vice President as the case may be, fails to call a special meeting within the said period, the Chief Executive Officer shall send an intimation about this failure, to the Secretary Panchayat, within three clear days of the expiry of the said period. The Secretary Panchayat, or any officer authorized in this behalf by him, shall within five clear days of such intimation, call a special meeting of District Panchayat.

(2) The Chief Executive Officer of the District Panchayat shall, five days before the date fixed for a special meeting, send or cause to be sent to all the members intimation of the date, time and place of such special meeting and of the business to be transacted thereat:

Provided that in the case of an emergency for reasons to be recorded in writing, a special meeting may be called with such shorter notice by giving at least three clear days, which may be further relaxed by the Secretary Panchayat as deemed fit.

-4- EXTRAORDINARY No. 28 DATED : 26T" JULY, 2013.

6. Notice of the Meeting to be displayed on Notice Board :- A Notice stating the date, time and place of every meeting of the District Panchayat and of the business to be transacted thereat, shall be displayed on the notice board at the offices of the District Panchayat and the concerned Collector.

7. Mode of service of the notice :- Every notice under these rules shall, if practicable, be served personally by delivering or tendering it to the member to whom it is addressed or if such member is not found by leaving it at his last known place of residence or by giving or tendering it to some adult member of his/her family or servant who is residing with him/her; and if none of the aforesaid modes of serving notice is feasible, then by causing the notice to be affixed on some conspicuous part of the house in which the member ordinarily resides or is known to have last resided or carried on business or personally worked for gain, in the presence of two persons residing in the District or under certificate of posting or in such other manner as the Chief Executive Officer may think fit.

8. The Chief Executive Officer to be present at the meeting :- (1) The Chief Executive Officer shall unless prevented by reasonable cause, be present at every meeting of the District Panchayat.

(2) The Chief Executive Officer may, with the permission of the Chair, make an explanation and statement of facts in regard to any subject under discussion at such meeting but shall not vote upon or make any proposal at such meeting.

(3) If it appears to the District Panchayat that the presence of any Government Officer or an Officer of a village Panchayat is desirable in respect of any matter which is dealt by it, it shall be the duty of the District Panchayat to invite such Officer of Government or the Gram Panchayat as the case may be, or person possessing technical knowledge and experience, pertaining to such matter to attend the meeting of the District Panchayat whenever such matter is to be dealt with thereat:

Provided that if such Officer on receipt of such intimation is unable to be present himself, he may instruct such other competent officer fully conversant with the subject matter to attend the meeting of the District Panchayat on the day and hours as fixed thereof.

(4) where upon such invitation any such officer or person attends any meeting of the District Panchayat, he shall be entitled to take part in the discussions which may be held in respect of such matter at the meeting but shall not be entitled to vote.

(5) where any such officer or person attends any such meeting, he shall be paid such allowances at such rates as may be laid down under the rules.

J -5- EXTRAORDINARY No._ 28, DATED : 26TH JULY, 2013.

9. Persons to preside the meeting :- (1) Every meeting shall be presided over by the President and in his absence by the Vice President.

(2) Where at any meeting, the President or Vice-President is not present within thirty Minutes after the time appointed for holding the meeting, the members present at the meeting shall choose one of the elected members present to be the chairperson who shall be entitled to vote to preside over the meeting:

Provided that where the President attends the meeting at any time during the course of such meeting, the person so Presiding over the meeting shall vacate the chair and the meeting shall continue under the Chairmanship of the President; and where the Vice-President attends the meeting at any time during the course of such meeting, any other person presiding, not being the President, shall vacate the chair and the meeting shall continue under the Chairmanship of the Vice President.

Explanation : An elected member for the purpose of sub-rule (2) means a member chosen by direct election from a territorial ward in the District Panchayat.

10. Quorum :- (1) The quorum necessary for the transaction of the business of a meeting of the District Panchayat shall be one half of the total number of members of the District Panchayat including the President and Vice-President.

Explanation : If the number of members of the District Panchayat is odd, in calculating, half the number for purposes of quorum, fraction of a member shall be counted as one e.g. if the number of member is five, the quorum shall be three, if the number of members is fifteen, the quorum shall be eight and if the number of person is nine, the quorum shall be five.

(2) If at any time during a meeting it is brought to the notice of the person presiding that the number of member present inclusive of the person presiding falls short of the number required for quorum, the presiding officer shall, if there is no quorum after waiting for a period of not less than fifteen minutes and not more than half an hour, adjourn the meeting to some other day, fixing such time and place as he shall think convenient, and the business which remains undisposed of at such meeting shall be disposed of, at the adjourned meeting or at any subsequent adjournment thereof, whether there be a quorum thereat or not:

Provided that no business shall be transacted at any adjourned meeting other than that left undisposed at the previous meeting.

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11. Procedure when there is no quorum :- If within thirty minutes from the time appointed for a meeting, there be no quorum, the meeting, if called upon the requisition of member shall be dissolved; in any other case, the person presiding the meeting shall adjourn the meeting to such time on the following or some other day as he may reasonably fix and a notice of such adjournment shall be kept on the notice board at the office of the District Panchayat and the business which would have been brought before the original meeting, had there been a quorum thereat, shall be brought before the adjourned meeting and may be disposed of at such meeting or at any subsequent adjournment thereof, whether there be a quorum thereat or not:

Provided that no business shall be transacted at any adjourned meeting other than that left undisposed at the previous meeting.

12. Questions shall be decided by majority of the votes :-

(1) Save as otherwise provided in the Regulation, all questions coming before a meeting shall be decided by a majority of the votes of the members present and voting.

(2) In the case of an equality of votes, the person, presiding shall have and exercise a second or casting vote.

13. Ordinarily business to be transacted as per agenda :- Except with the permission of the person presiding,

(a) no business, which is not entered in the agenda, shall be transacted at any meeting:

(b) the business to be transacted at any meeting shall be taken up in the order in which it is entered in the agenda:

Provided that, in granting a permission for priority for transacting any business, the person presiding shall be guided by the majority of votes for and against such motion.

14. Adjournment of the meeting:- A meeting may, with the consent of the majority of the member present, be adjourned from time to time. But no business shall be transacted at any adjourned meeting other than that left undisposed of at the previous meeting. The date, time and place of the adjourned meeting shall be announced at the meeting before it is adjourned and no separate notice shall be necessary.

Explanation :- it is clarified that the provisions of rule 10 shall be applicable to such an adjourned meeting.

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15. Manner of deciding a matter before the District Panchayat :- A matter requiring the decision of the District Panchayat shall be decided by means of a question put by the person presiding on a motion made by a member and seconded by another member:

Provided that a motion moved by the person presiding the meeting need not be seconded.

16. Meeting to be open to the public :- (1) All meetings of the District Panchayat shall be open to the public unless the person presiding the meeting decides that any enquiry before or deliberations of the District Panchayat should be held in camera.

(2) The person presiding may cause any member of the public who interrupts the proceedings of the meeting of the Panchayat, to be removed from the place of the meeting.

17. Form of Resolution :- A Resolution may be in the form of a declaration of opinion or recommendation or may be in the form so as to record either approval or disapproval by the District Panchayat of an act or policy of the District Panchayat or convey a message or command, urge or request an action, or call attention to a matter or situation for consideration by the District Panchayat or in such other form as the President may consider appropriate.

18. Notice of Resolution, amendment thereof to District Panchayat :- Subject to the provisions of section 72 of the Regulation, the notice for motion for modification, amendment, variation or cancellation of any Resolution of the District Panchayat shall be given to the members in accordance with the provision of rule 7 and the notice shall set forth fully the Resolution which is proposed to be modified, amended, varied or cancelled, at the meeting and also the motion for the modification, amendment, variation or cancellation of such Resolution.

19. Resolution :- (1) Subject to the provisions of section 72 and the rules, any member may move a resolution relating to a matter concerning the administration of the District Panchayat.

(2) A member who wishes to move a resolution shall give at least seven days notice of his intention to move such resolution and shall, together with the notice, submit a copy of resolution which he intends to move. The President or in absence of the President, the Vice President shall decide on the admissibility of a resolution and shall disallow any resolution which, in his opinion, does not fulfil the requirements of rule 18 or contravenes the provisions of the Regulation or rules made thereunder, and his decision therof shall be final.

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(3) The President or in his absence Vice - President may, as the case may be, for reasons to be stated by him , allow a resolution to be entered in its agenda at a shorter notice.

20. Conditions of admissibility of resolution :- In order that resolution may be admissible, the resolution shall satisfy the following conditions, namely :-

(a) Every resolution shall be clearly and precisely expressed and it shall raise substantially one definite issue;

(b) A resolution shall be of an affirmative character;

(c) A resolution shall not contain arguments, inferences, ironical expressions, imputations or defamatory statement:

(d) A resolution shall not refer to the conduct or character of persons except in their official or public capacity;

(e) A resolution shall not relate to any matter which is under adjudication by a court of law having jurisdiction in any part of India;

(f) A notice of resolution shall be in writing and signed by the mover.

21. Discretion of the member either to withdraw or move the motion :- A member who has given notice of a motion shall when called upon, either

(a) state that he does not wish to move the motion, or

(b) move the motion in which case he shall commence his speech by a formal motion in the terms appearing on the list of business after the motion is duly seconded.

22. Moving and withdrawal of Resolution :- (1) A member in whose name a resolution appears on the list of business or any other member whom he may have authorized to act on his behalf may, when called on

(a) either move the resolution, in which case he shall commence his speech by a formal motion in the terms appearing on the list of business.

(b) or decline to move the resolution in which case he shall confine himself to a mere statement to that effect:

Provided that the President in his discretion may allow the member to make brief statement as to why he does not propose to move the resolution.

-9- -EXTRAORDINARY No. : 28 DATED : 26TH JULY, 2013.

(2) If the member when called upon is absent and no other member has been authorized to act on his behalf as required under sub-rule (1), the resolution standing in his name shall lapse.

23. Admissibility of Resolution :- The President shall decide on the admissibility of a resolution and may, at his discretion amend the form of a resolution so as to bring it into conformity with the rules, He may disallow any resolution or part thereof if in his opinion it does not comply with the rule or is otherwise calculated to obstruct or prejudicially affect the procedure of the District Panchayat.

24. Person presiding to propose question on the motion :- After a motion has been moved and seconded, the person presiding shall propose the question by reading the motion for the consideration of Panchayat.

25. Motion not to be withdrawn or altered once moved and seconded :- After a motion has been moved and seconded it shall not be withdrawn or altered in substance, except with the consent of the member who seconded it.

26. Notice of Amendment to Resolution :- (1) If a copy of an amendment has not been delivered to the Chief Executive Officer two clear days before the day fixed for the discussion of the resolution, any member may object to the moving of the amendments and such objection shall prevail unless the President/person presiding allows the amendment to be moved.

(2) The Chief Executive Officer shall, if time permits make available to members from time to time lists of amendments of which notices have been given.

27. Amendments to the Resolution :- (1) After a motion has been proposed and seconded, any member may, subject to the rules relating to resolution, move an amendment to such resolution:

Provided that no amendment be moved which if carried would have merely the effect of a negative vote.

(2) An amendment in the alternative shall not be moved.

(3) Any number of amendments may be moved to the same motion but no member shall move more than one amendment to the same motion.

(4) The person presiding may disallow any amendment which is, in his opinion, irrelevant or frivolous.

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(5) The person presiding may group together the amendments which are substantially the same.

28. Member to address the presiding person by rising in his seat :- (1) A member desiring to propose and discuss any motion shall rise in his seat when speaking and address his speech to the person presiding:

Provided that the person presiding may, at the commencement of the meeting, declare that the business of the meeting shall be transacted sitting or he may permit any member to address the meeting sitting.

(2) A member shall confine his speech strictly to the question before the meeting and shall cease to make remarks which are held by the person presiding to be irrelevant or offensive.

(3) Members shall not talk among themselves in the meeting so as to disturb the proceeding or a member who is speaking.

29. Privilege of the person presiding to address meeting :- (1) The person presiding may address the meeting at any stage of a debate.

(2) The person presiding shall rise in his seat while addressing the meeting.

30. Mover may support his motion and seconder may either follow or reserve his speech :- After a motion has been placed before the meeting for consideration under rule 24, the mover may speak in support of the motion and the seconder may either follow or reserve his speech for later stage of the debate thereon.

31. Right of mover and seconder to reply to the debate :- The mover, or if the mover waives his right, the seconder of a substantive motion may reply at the conclusion of the debate thereon but no other member shall, without the express permission of the person presiding, speak more than once on the same motion, except for the purpose of making a personal explanation, but in such cases, no debatable matter shall be brought forward.

32. Time limit for speech :- The person presiding may fix a reasonable time limit within which the mover, the seconder and any member shall end his speech.

33. Motion to be voted on conclusion of debate :- 1

(1) The person presiding may on the conclusion of a debate on a motion or when at any time when the person presiding is satisfied that the motion has been sufficiently discussed, he may put the motion to the vote of the meeting without any further discussion.

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(2) The Votes shall be taken in the following manner, namely :-

(a) when only one amendment is made upon a motion, votes shall be taken between the motion and the amendment.

(b) when there are more than one amendment to the resolution, the person presiding shall first put to vote the amendment or amendments one by one or grouped together and if all the amendments are defeated, the person presiding shall put the resolution to vote.

(c) If any amendment or amendments are carried, the person presiding shall put to vote the resolution incorporating the amendment or amendments which have been carried.

(d) The resolution with or without amendment or amendments as finally carried under clause (c) shall be considered to be the decision of the District Panchayat.

34. Motion for adjournment or postponement to have precedence :- (1) A Motion to adjourn a meeting or to postpone the consideration of a question shall take precedence over any other motion before the meeting.

(2) A motion under this rule shall not be made more than once during the debate on any question.

35. Manner of Voting :- (1) Votes shall ordinarily be taken by word of mouth or by a show of hands, but may, if the majority of members so decide, be taken by ballot.

(2) Any member present at a meeting may refrain from voting if he so chooses.

36. Manner when voting is by ballot :- When votes are taken by ballot, each member shall record his vote on a voting paper which shall be signed by him. The papers used for voting shall not be destroyed until after six month from the date of declaration of the result.

37. Person presiding to decide points of order :-

(1) The person presiding shall decide all points of order and his decision thereon shall be final.

(2) Any member may at any time raise a point of order for the decision of the person presiding but in doing so he shall confine himself to stating the point.

(3) No discussion on any point of order shall be allowed except with the permission of the person presiding.

-12- 11 EXTRAO RDINARY No. : 28 DATED : 26TH JULY, 2013.

38. Member called to order to resume his seat till decision :- A member called to order by the person presiding shall resume his seat till the point of order raised is decided.

39. Maintenance of order at meeting :- The person presiding shall preserve order at the meeting and have all powers necessary for the purpose of enforcing his decision.

40. Adjournment of refusal :- The person presiding may adjourn any meeting that refuses to abide by his ruling on a point of order or if there is disorder in the meeting.

41. Suspension of member guilty of obstructive conduct :- When any member disregards the authority of the person presiding or is guilty of obstructive or offensive conduct at any meeting, the person presiding shall forthwith put question that such member be suspended from the meeting of the District Panchayat for the remainder of the sitting and if three - fourths of the members present are in favour thereof, the member named shall withdraw, failing which the person presiding may call such aid as he deems expedient to secure such suspension or withdrawal.

Explanation :- (1) For the purpose of the rule "obstructive conduct" means conduct willfully and persistently adopted with the object of preventing business being done at the meeting.

(2) For the purpose of this rule, fraction of a member shall be counted as one.

42. Procedure for leaving the meeting :- A member who wishes to leave meeting before its close, shall immediately before leaving, intimate his intention to the person presiding.

43. Notice of Motion etc., may be sent to the President:- The notice of any motion or proposition which a member desires to place before the meeting of the District Panchayat shall be in writing and sent to the President, not less than seven clear days previous to the meeting, of his intention to bring forward thereat. It shall be included in the business of the next meeting unless the President or in his absence the Vice-President, for reasons to be recorded in writing, consider the proposal as not worth placing before the next meeting of the District Panchayat:

Provided that in the case of special meeting any motion or proposition mentioned in any written request, may be made at such meeting, such a notice may be sent to the President.

44. Members not to propose irrelevant motion :- No member shall be entitled to propose a motion other than the one directly arising out of the subject before the meeting and relevant thereto, except in case of emergency and with the permission of the person presiding.

T -13- EXTRAORDINARY No. : 28 'DATED : 26TH JULY, 2013.

45. Power of person presiding to divide the motion :- The person presiding shall have power to divide a motion into two or more distinct motions or an amendment into two or more amendments, as he may deem necessary.

46. No motion to be discussed and noted until duly proposed and seconded :- Subject to the provision of rule 15 no motion shall be discussed or noted in the minute book unless and until it has been properly proposed and seconded:

Provided that a motion by the person presiding need not be seconded.

47. Circumstances and condition in which proposition to be circulated for votes ofmembers :- (1) whenever a question requiring urgent decision arises within ten days from the date of the meeting of the District Panchayat last held or during a period when seasonal agricultural operations are in progress or whenever, for any special reasons calling of a special meeting of the District Panchayat may not be feasible and it appears necessary to the President to take decision on such question by circulating the proposition thereof for the vote of members, the question may be rendered in the form of a proposition which may be circulated by the President for the vote of the members.

(2) A copy of such proposition shall be sent to each member of the District Panchayat specifying a time limit within which a reply should be sent by the Member concerned in writing, or through a scanned signed copy sent by e-mail, and the Member may be informed that if no reply is received from him within the time limit so specified, a decision of the District Panchayat on the question will be recorded by the President on the basis of the majority of the votes of the members from whom replies are received within specified time limit.

48. Record of minutes of meeting :- The minutes of each meeting of the District Panchayat shall be recorded by the Chief Executive Officer in a bound book and in any of the following languages

1. Hindi,

2. English,

3. Gujarati.

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The names of the members present at such meeting, the decisions arrived at, the names of the members voting for or against and of the members remaining neutral regarding each decision shall be entered in this book. The minutes of the meeting shall be prepared on the day following the day of the meeting or as soon thereafter and shall be signed by the person presiding the meeting not later than seven clear days from the day the meeting was held and shall be read out at the next meeting of the District Panchayat for confirmation. A copy of the minutes of the District Panchayat shall be submitted to the Secretary Panchayat within fifteen clear days of the meeting. The minutes shall be open for inspection, at all reasonable times, by any member of the District Panchayat.

49. Repeal and Savings: As from the date of commencement of these Rules, the Daman and Diu District Panchayat (Meeting) Rules, 1996 will stand repealed:

Provided that such repeal shall not affect any provision in those rules which is not inconsistent with the provisions of the Regulation or these Rules, unless and until that provision is superseded by any law, By order and in the name of the Administrator of Daman & Diu and Dadra & Nagar Haveli Special Secretary (PRI, Daman & Diu.

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Need this as data, not as a page? In exercise of the powers conferred under Rule 23 of the Daman and Diu Election of Upa-Sa… is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.