a-vrm EXTRAORDINARY Daman 15'~ January, 2015, 25 Pausa 1936 (Saka) Ti. : 02 No.
O F F I C I A L G A Z E T T E Govern181cnl of India U.T. ADMINISTRATION OF DAMAN & DIU r&wrmcrm@n PUBLISHED BY AUTHORITY UT Administration of Daman & Diu Department of Panchayati Raj Institution Office of the Secretary Panchayat Daman & Diu Moti Daman N o t i f i c a t i o n No. 4/21/SEC/(PRI)/ANTI-DEF/2013/97 Dated : 15/01/2015 Whereas draft of the Members of Daman and Diu District Panchayat (Disqualification on ground of Defection) Rules, 2013 was published as required by sub section (1) of section 121 of the Daman and Diu Panchayat Regulation, 2012 (No. 4 2012) under the notification of the Union Territory of Daman and Diu, in the Department of Panchayati Raj Institutions, Office of the Secretary Panchayat Daman and Diu No. 4/21/SPL.SEC/(PRI)/2012-1317219 dated 23/03/2013 in Official Gazette extraordinary No. 07 dated 23rd March 2013 on page 148 to 153 inviting objections and suggestions from all persons likely to be affected thereby, before expiry of the period of 30 days from the date on which copies of the Gazette containing the said notification are made available to the public;
And whereas copies of the said Gazette were also made available to the public on the Official website of Daman and Diu Administration;
And whereas the objections and suggestions received from the public on the said draft rules have been duly considered by the Administrator of the Union Territory;
I EXTRAORDINARY No. : 02 I I DATED : 1 5 ~ JANUARY, 2015. 1 Conld,/--- Now, therefore, in exercise of the powers conferred by Paragraph 5 of the Fifth Schedule of Daman and Diu Panchayat Regulation, 2012, the Administrator, Union Territory of Daman and Diu hereby makes the following Rules, namely :- Rules
1. Short,title and commencement :
(1) These rules may be called the Members of Daman and Diu Panchayat (Disqualification on Grounds of Defection) Rules, 2013.
(2) These Rules shall be applicable to all elected members of the Panchayat.
(3) These Rules shall come into force on the date of publication in the Official Gazette of Daman & Diu.
2. Definitions :
(i) In these rules, unless the context otherwise requires:-
(a) "Clear days" means exclusive of the day of issue of a notice or intimation, the day of the meeting, and any Gazetted holidays or Sunday;
(b) "Date of commencement" in relation to these rules means the date on which these rules take effect under Paragraph 5 of the Fifth Schedule; after having been notified in the Official Gazette of Daman & Diu;
(c) "Fifth Schedule" means the Fifth Schedule to the Daman and Diu Panchayat Regulation, 2012;
(d) "Form" means a form appended to these rules;
(e) "Member" means elected member of the District Panchayat;
(f) "Minutes" means the minutes of the meeting of District Panchayat;
(g) "Original political party" in relation to a member of a Panchayat means the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2 of the Fifth Schedule;
(h) "Panchayat" means a District Panchayat or a Gram Panchayat;
(i) "Political Party" means a Political Party as defined in the Representation of People Act, 1951;
(j) "Regulation" means the Daman and Diu Panchayat Regulation, 2012;
(ii) Words and expression used, but: not defined in this rules shall have the same meaning respectively assigned to them in the Regulation,
3. Infornlatiori to be filrnished by leader of any political Party:-
(1) The leader of each political Paity (including patty consisting of only one member) shall, submit within the period prescribed in sub-rule (2):
(a) a statement, in writing containing the nanies of members of party together with other particulars regarding such members as in FORM 1 and the names and designations of the members of such party who have been authorised by it for conlmunicating with the Chief Executive Officer for purpose of these rules;
(b) a copy of the rules and regulations, whether known as such or as constitution or by any other name, of the political party concerned; and
(2) Information prescribed in sub-rule (1) shall be submitted:-
(i) Where the first meeting of the Panchayat has been held prior to the commencement of these Rules, within fifteen clear days of the commencement of these Rules or within such further period as the Secretary Panchayat may for sufficient reason allow;
(ii) In any other case, within fifteen days of the first meeting of the Panchayat or within such period the Secretary Panchayat may for sufficient reason allow:
(3) Whenever any change takes place in the information furnished by the leader of the party under sub-rule (l), lie shall, within fifteen clear days thereafter, or, within such further period as the Secretary Panchayat may for sufficient cause allow, furnish in writing information to the Chief Executive Officer with respect to such change.
(4) Where a member belonging to any political patty votes or abstains from voting in the Panchayat contrary to any direction issued by such political party to whicll helshe belongs or by any person or authority authorized by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority, the leader of the party concerned or where such member is the leader, or as the case may be, the sole member of such party, such member, shall, as soon as may be after the expiry of fifteen clear days from t h 2 i a t e of such voting or abstention, and in any case within twenty clear days from the date of such voting or abstention, inform the Secretary ~anchayat as in FORM I1 whether such voting or abstention has or has not been.&$doned ;:,.:, by such political party, pel.son or authority.
Explanation:- A member may be regarded as having abstained from voting only when he,zibeing entitled to vote, voluntarily refrained from voting.
4. Information $&to be furnished by member:- ( I ) Every member who has taken his seat in the Panchayat before the date of commencement of these rules shall furnish to the Chief Executive Officer, within fifteen clear days of the commencement of the Rules or within such further period as the Secretary Panchayat may for sufficient cause allow, a statement of particulars and declaration as in Form 111.
(2) Every member who takes his seat in the Panchayat after the commencement of these rules shall, before making and subscribing an oath or affirmation under the First Schedule of the Daman and Din Panchayat Regulation,2012, and taking hisher seat in the Panchayat, deposit with the Secretary-Panchayat, hislher election certificate or, as the case may be, a certified copy of the notification nominating him or ller as a member and also furnish to the Secretary-Panchayat a statement of particulars and declaration as in FORM-Ill.
Explanation - For the purposes of this sub-rule, "Election Certificate" means the certificate of election issued under the ~egulat ion and the rules made there under.
(3) A summary of the information furnished by the members under this rule shall be notified in the Official Gazette.
5. The n~aintenance of registers or other records as to the political parties, if any, to which different members of the Panchayat belong:- (1 ) The Chief Executive Officer shall mention, as in Form IV, a register based on the infotmation furnished urider rules 3 and 4 in relation to the members.
(2) The information in relation to each member shall be recorded on a separate page in the register.
I EXTRAORDINARY No. : 02 I DATED : IsTH JANUARY, 2 0 1 5 . 1 6 . DisquaIification on ground of defection:- (I) Subject to the provisions of Rule.7, a member of a Panchayat belonging to any political party shall be disqualified for being a member of the Panchayat
(a) if helshe has voluntarily given up his/her membership of such political party or
(b) if helshe votes or abstains from voting in such Panchayat contrary to any direction issued by the political party to which helshe belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.
Explanation:- For the purposes of this sub-rule an elected member of a Panchayat shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member.
(2) An elected member of a Panchayat who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the Panchayat if he joins any political party after such election.
(3) Notwithstanding anything contained in the foregoing provisions of this rule, a person who, on the comtnencement of the Regulation, is a member of a Panchayat shall:
(i) where helshe was a member of a political party immediately before such commencement, be deemed, for the purposes of sub-rule (I) to have been elected as a member of such Panchayat as a candidate set up by such political party;
(ii) in any other case, be deemed to be an elected member of the Panchayat who has been elected as such otherwise than as a candidate set up by any political party for the purposes of sub-rule (2).
7. Disqualification on ground of defection not to apply in case of merger:-
(1) A member of a Panclzayat shall not be disqualified under sub-rule (1) of rule 6, where hislher original political party merges with another political party and he/she claims that helshe and any other ~nenibers of hislher original political party -
(a) have become members of such other political party or, as the case may be, of a new political party formed by such merger; or EXTRAORDINARY No. : 02 DATED : 1 5 ~ ~ JANUARY, 2015.
(b) have not accepted the merger and opted to fnnction as a separate group, and from the time of such merger, such other political party or new political pasty or group, as the case may be, shall be deemed to be the political party to which helshe belongs for the purposes of sub-rule (1) of rule 6 and to be hidher original political party for the purposes of this subrule.
(2) For the purposes of sub-rule(1) of this rule, the merger of the original political party of a member of a Panchayat shall be deemed to have taken place if, and only if, not less than two-thirds of the members of such political party in the Panchayat concerned have agreed to such merger.
8. Procedure of tile pefition-
(1) No reference of ally question as to whether a member has become subject to disqualification under the Fifth Schedule shall be made except by a petition in relation to suclt member made in accordance with the provisions of these rules.
(2) A petition in relation to a member may be made in writing to the _Secretary Panchayat by the leader of the Political party to which the member belongs or by any other member.
(3) Before making any petition in relation to any member, the petitioner shall satisfy himself that there are reasonable grounds for believing that a question has arisen as to whether such member has become snbject to disqualification under the Fifth Schedule.
(4) Every petition:-
(a) shall con!ain a concise statement of the material facts on which the petitioner relies; and
(b) shall be accompanied by copies of the documentary evidence, if any, on which the petitioner relies and where tlie petitioner relies on any information furnished to himn~er by any person, a statement containing the names and addresses of such persons and the gist of such information as furnished by each such person.
(5) Every petition shall be signed by a petitioner and verified in the manner laid down in the Code of Civil Procedure,l908 (5 of 1908), for the verification of pleadings.
(6) Every enclosure to tlie petition shall also be signed ant1 verified by the petitioner.
/ - I EXTRAORDINARY No. : 02 1 DATED : 15M JANUARY, 2015. 1
9. The procedure for clecidittg any question referrecl to in the Rules including the procedure for arty inquiry whiclt niay be made for the purpose of tlcciding such question - (I) On receipt of a petition under rule 8. the Secretary Panchayat shall consider whether the petition complies with the requirement of that rule.
(2) If the petition complies with the requirements of rule 8, the secretary Panchayat shall dismiss the petition and intimate the petitioner accordingly.
(3) If the petition complies with the requirements of rule 8. thc Secretary Panchayat shall cause copies of the petition and of the enclosure thereto to be forwardetl-
(a) To the member in relation to whom the petition has been made.
and
(b)Where such member belongs to any party and such petition has not been made by the leader thereof, also to such leader, and such member or leader shall, within seven clear days of tlie receipt of such copies. or within sucli further period as the Secretary Panchayat may for sufficient cause allow. forward hislher comments in writing thereori to the Secretary Panchayat.
(4) After considering the comments, if any in relation to the petition, received under sub-rule (3) within the permitted period of time, the Secretary Panchayat may give a reasonable opportunity to sucli member to present hislher case in person.
(5) If any petitioner is aggrieved with the decision of tlie Secretary Pa11chayai.
tilay appeal to tlie Administratot;Da~nari & Diu within 30 days.
10. Decision on questions as to disqualification on ground of Defection :- if any question arises as to whether a member of a Panchayat has become subiect to any disqt~alification under the Fifth Schedule, it shall be referred to the Administrator of the Union Territory of Daman and Diu for decision and his tlecision thereo11 shall be final :
Provided that the Administrator may give an opportunity to the Petitioner and the concerned member (s) to be heard in person before giving such tlecision.
Provided further that before giving any decision on any sttch question. the Administrator shall obtain the opinion of tlie Election Com~iiission and act accortling to such opinion.
EXTRAORDINARY No. : 02 DATED : 1sTH JANUARY, 201.5.
1 1 . Decision on Petition :- ( I ) At the conclusion of the consideration of the petition, the Administrator shall by order in writing,
(a) Dismiss the petition, or
(b) Declare that the tnetnber in relation to whom the petition has been tnade has become subject to disqualification under the Fifth Schedule, and cause copies of the order to be delivered or forwarded to the petitioner, the tueinber in relation to whom the petition has beet1 made and to the leader of the party, if any, concerned.
(2) Every decision referred to in sub-rule (1) shall be in the form of an Order and notified in the Official Gazette and copies of such decision shall be for\vardctl by the Secretary Panchapat to the Election Con~mission of Union 'Territory of Daman and Diu and the Panchapat concerned.
12. Directions as to detailed working of these rules :- The Administrator of the Union Territory of Daman and Dill may. from titme to time, issue such directions as he niay consider necessary 10 give effect lo these rules.
13. Notwithstanding anything contained in these Rules, the corntncncenient of these Rules shall not affect any petition for disqualification 011 ground of defection pending at the time of co~il~ne~icernent of these Rules and anything duly done with respect to the said petition.
By order and in the name of tile Aclministrator of Daman & Diu, ( J. P. Agrawal ) Special Secretary (PRI) Daman & Diu.
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FORM - I [ See Rules 3(l)(a) ] Name of Party:
Name of the corresponding political patty:
Date:
Signature of the leader of the party - 10 - EXTRAORDINARY No. : 02 DATED : isTH JANUARY, 2015.
FORM I1 [See Rules 3(5)] To The Secretary Panchayat Sir, ........................... At the meeting of the Panchayat held on (date) during voting on ........... ...........( Subject -matter).. ............
(Constituency No. ........................... 1 Name of the Panchayat. .....................
................................................ And member of (Name of political party) had votedlabstained from voting.
................................... (name of the member) Member (Constituency No. ..................... .)
Name of the Panchayat. ...........................
Member of ............................. Political party) and leader oflsole member of ............................... (Name of Party) votedlabstained from voting contrary to the direction issued by .................................. (person/authority/pa~ty) without obtaining the prior permission of the said person/authority/party.
2. On (date). ................... the aforesaid matter was considered by ................................. P e r s o n / ) and the said voting1 abstention was condonedlwas not condoned by h i d i t .
Date:
Yours faithf~tlly, (Signature) EXTRAORDINARY No. : 02 1 DATED : 15TH JANUARY. 2015. 1 FORM I11 [See Rille 4(1)(2)]
1. Name of the member (in block letters):
2. Father'slhusband's name:
3. Permanent Address:
4. Present Address:
5. Date of election/nomination:
6. Party affiliation as on -
(i) Date of election/nomination:
(ii) Date of signing this form:
DECLARATION I . .. .... .. . .. . . . ... ............... hereby declare that the information given above is true and colyect.
In the event of any change in the information give above, I undertake to intimate the Chief Executive Officer imtnediately.
Date:
Signaturelthumb Impression of member FORM I V [See Rule 5 ( 1 ) ] EXTRAORDINARY No. : 02 DATED : 151H JANUARY, 2015.
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24 - - EXTRAORDINARY No. : 02 DATED : 15" JANUARY, 2015.
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