(1) The State Government may make rules to carry out the purpose of this Act.
(2) All rules made under this Act shall be laid on the table of the Legislative Assembly.
Power to remove difficulties.
12. If any difficulty arises in giving affect to the provision of this Act, the State Government may, by order, do anything not inconsistent with the provisions thereof, which appears to it to be necessary or expedient for the purposes of removing the difficulty.
Provided that no such order shall be made under this Section after the expiry of three years from the commencement of this Act.
9
SCHEDULE [See Section 4 (1)] Sr.No. Name of the Committee Number of Members
(1) (2) (3)
1. District Planning Committees 10 of the Districts of :
1 Sheopur
2. Datia
3. Umaria
4. Neemuch
5. Harda
6. Dindori
2. District Planning Committees of 15 the District of ;
1 Panna
2. Damoh 3 Badwani
4.Hoshangabad
5. Katni
6. Narsinghpur
7.Ashoknagar
8. Anuppur 9 Burhanpur
3. District Planning Committees of 20 the Districts of ;
1. Morena
2. Bhind
3. Gwalior
4. Guna
5. Shivpuri
6. Chhatarpur
7.Mandsaur
8. Satna
9. Shahdol
10. Sidhi
11. Ratlam 10 Sr.No. Name of the Committee Number of Members
(1) (2) (3)
12. Ujjjain
13. Shajapur
14. Dewas
15. Jhabua
16. Dhar
17. Khargone
18. Khandwa
19. Rajgarh
20. Vidisha
21. Bhopal
22. Sehore
23.Raisen
24. Baitul
25. Balaghat
26. Chhindwada
27. Seoni
28. Sagar
29. Tikamgarh
30. Rewa
31. Indore
32. Jabalpur
33. Mandla 11 Planning Economics & Statistics Department Mantralaya, Vallabh Bhavan, Bhopal, Dated: 24th June, 1995 No. F-9-11-95-XXIII-P-2- In exercise of the powers conferred by subsection (1) of Section 11 of the Madhya Pradesh Zila Yojana Samiti Adhiniyam, 1995 (No.19 of 1995), the State Government hereby make the following rules, namely:- ELECTION RULES
1. Short title and commencement -
(1) These rules may be called the Madhya Pradesh Zila Yojna Samiti Nirvachan Niyam, 1995.
(2) They shall come into force with effect from the date of their publication in the “ Madhya Pradesh Gazette “.
2. Definitions - In these rules, unless the context otherwise requires,-
(a) “Act” means the Madhya Pradesh Zila Yojna Samiti Adhiniyam, 1995 (No. 19 of 1995) ;
(b) “Committee” means the Madhya Pradesh District Planning Committee constituted under Section 3 of the Act;
(c) “Election” means an election to fill a seat or seats in the Zila Yojna Samiti ;
(d) “Elected Members” means elected members of the Zila Panchayat or Municipalities ;
(e) “Form” means the form appended to these rules ;
(f) “Member” means Member of the Zila Yojna Samiti constituted under Section 3 of the Act ;
(g) “Rural Area” means the area within the jurisdiction of Zila Panchayat ;
(h) “Urban Area” means local area of Municipal Corporations,Municipal Councils and Nagar Panchayats in the District ;
(i) The words and expression used and have not been define in these rules, shall carry the meaning as has been assigned to them in the Madhya Pradesh Zila Yojna Samiti Adhiniyam, 1995 (No.19 of 1995).
12
3. Determination of number of members from Urban and Rural Areas -
(1) The Collector shall in accordance with the provision of Section 4 of the Act determine the number of members to be elected from Urban Area and Rural Area of the district.
The number of members to be elected from the urban area will be divided between the Municipal Corporations, Municipal Councils and Nagar Panchayats, each collectively to be taken as group, in the ratio of the population residing in the local area of these groups. While determining the numbers of seats, fractions if any, shall be added to the share of the group with least number of members. Provided that if there is only one member to be elected from all the three groups, the fractions shall be added to the share of the group with largest population.
(2) The number of members of the committee elected from rural areas determined under sub-rule (1) shall be elected by and from amongst elected members of the Zila Panchayat and the number of members determined for urban areas shall be elected by and from amongst the elected members of Municipal Corporations, the Municipal Councils and Nagar Panchyats of the district.
(3) The number so determined shall be notified by the Collector to the Zila Panchayat and every Municipality in the district and shall also be affixed on the notice board in his office.
4. Meeting for election of the Members
(1) The Collector shall, within one month from the date of commencement of these rules and thereafter within one month from the date of occurrence of any vacancy, convene a meeting of the elected members for the purpose of electing members of the Committee and fix the date, time and place for such meeting. Provided that if any seat in the Municipality or the Zila Panchayat is vacant for any reason, a meeting of the remaining elected members shall be convened to hold such election.
“Provided that if the Collector is of the opinion that circumstances exist which render it impossible to convene the meeting or to hold election, he may by order and for reasons to be recorded therein, adjourn the meeting or postpone the election for such period as he may deem fit and, the fact shall be brought to the notice of the State Government immediately and the State Government may give direction in his regard” 13 "Provided further that if in the General election of the Zila Panchayat, Municipal Corporation, Municipal Council and Nagar Panchayat in the districts or group of districts as the case may be, the majority seats could not be filled due to any reason, the election of members to the District Planning Committee from that Group shall be postponed indefinitely and the collector shall seek directions from the State Government in this regard."
5. List of elected members - The Collector shall before the date of the meeting for election, obtain a list of the elected members of Zila Panchayat and each Municipality in the district.
6. Identify of elected members - Every member present in the meeting shall be required to furnish a certificate from the Chief Executive Officer of the Zila Panchayat or the Commissioner of Municipal Corporation or the Chief Municipal Officer of a Municipal Council or the Nagar Panchayat, as the case may be, to the effect that he is an elected member of that body.
7. Election to be held separately - Separate and simultaneous election shall be held for the election of members from Urban and Rural Areas.
8. Appointment of Presiding Officer - The Collector shall appoint a person not below the rank of Deputy Collector to be the Presiding Officer under these rules.
9. Meeting for election - The meeting for the election of members shall be presided over by the Presiding Officer.
10. Nomination -
(1) The Presiding Officer shall announce the number of members for which election is to be held separately for urban and rural areas and invite nominations therefore in Form-1.
(2) Every candidate for election shall be proposed by one elected members and seconded by another.
(3) The names of all the candidates who have been vividly proposed and seconded shall be recorded in writing by the presiding officer and shall be read out in the meeting.
14
11. Manner of election -
(1) If the number of candidates whose names are so read out is equal to the number of seats, the presiding officer shall declare all such candidates to have been duly elected.
(2) If the number of such candidates is less than the number of seats, the presiding officer shall declare all such candidates to have been duly elected and shall either call for fresh nominations or adjourn the election to the next meeting to fill up the remaining seats.
(3) If the number of candidates proposed exceeds the number of seats, the election shall be held by ballot.
12. Ballot box - The Collector shall arrange for a ballot box which shall be of such design that ballot paper can be inserted therein but cannot be withdrawn without the box being un-locked and the seal being broken.
13. Ballot boxes to be sealed before commencement of Poll -
(1) The Presiding Officer shall immediately before the commencement of poll, allow inspection of ballot box, to be used at the election, by the candidates or their proposer or seconder and demonstrate to them and to all other persons present that it is empty.
(2) The presiding officer shall after complying with the provisions of sub-rule (1) secure and seal the box in such manner that the slit in the box for insertion of ballot paper therein remains open and shall also allow the candidates to affix his own seals on the space in the box meant therefore, if they so desire.
(3) The seals to be used for ballot box shall be affixed in such manner that not it shall be possible to open the box again without breaking such seal or any thread on which the seals have been affixed.
14. Recording of votes etc -
(1) Every elected member from the Municipal Corporations, Municipal Councils and Nagar Panchayats shall be supplied with a ballot paper in Form 2-A, 2-B and C respectively while elected members of Rural area shall be supplied with a Ballot paper in form 2-D on which the names of all the respective candidates shall be typed or legibly written in Hindi in Devnagri script in alphabetical order and shall be assigned a serial number.
15
(2) The presiding officer shall affix his signature and seal on each ballot paper so as to indicate its authenticity
(3) Each elected members shall then in the order prescribed by the presiding officer proceed to the place set apart for voting and there affix the mark “X” on the ballot paper against the names of candidates for who he wishes to vote. Each elected member of the Zila Panchayat, Municipal Corporations, Municipal Councils and Nagar Panchayats shall have votes equal to the number of member to be elected from the Zila Panchayat, Municipal Corporations, Municipal Councils and the Nagar Panchayats respectively. He shall then fold up the ballot paper so as to maintain the secrecy of the ballot and deposit the same in the ballot box in the view of the presiding officer and other members.
(4) If owing to illiteracy or any physical infirmity an elected member is unable to record his vote, the presiding officer shall render him such assistance as may be necessary to enable him to record his vote in secrecy.
(5) The Presiding Officer shall cause such arrangements to be made as will ensure the secrecy of the ballot.
(6) Immediately after the voting is over, the presiding officer shall open in the presence of the elected members present, the ballot box, take out ballot papers there from, count them and record under his hand and seal the total number thereof, the number of valid votes secured by each contesting candidate in Form- 3.
(7) A ballot paper shall be invalid if,-
(a) it bears the signature of the elected members or contains any word, sign or visible representation by which he can be identified ; or
(b) marks are placed against the number of candidates in excess of the number of seats to be filled in ; or
(c) the marks is so placed as to make it doubtful for which candidate the vote was given ; or
(d) no mark is placed thereon ; or
(e) it does not bear the signature or the seal of the presiding officer.
(8) The Presiding Officer shall then under his hand and seal record in the statement referred to in sub--rule (6) the names of the candidates who have secured the highest number of valid votes in descending order and declare them to be elected as per the number of seats vacant.
16
(9) In the event of there being an equality of votes between the candidates, the presiding officer shall draw lots in the presence of elected members and the candidates whose name is first drawn shall be declared to have been duly elected.
15. Result of election - (1) The result of election of the members of the committee shall be declared by the presiding officer on the same day.
Immediately after the meeting the Presiding Officer shall
16. Record of election papers -
(a) prepare a record of proceeding at the meeting and sign it, attesting with his initials every correction made therein and also permit any member present at the meeting , to affix his signature on such record, if he expresses his desire to do so ; and
(b) publish on the notice board of the office of the Collector, a notice signed by him stating the names of elected persons as members of the committee and also send a copy of such notice to the Zila Panchayat and every Municipality in the district.
17. Custody of Election Papers - The Collector shall keep all the election papers under a seal cover in safe custody in his office for one year and shall thereafter unless otherwise directed by the Government, be destroyed.
17 FORM-I [See sub-rule (I) of rule 10] Form of nomination for Election of Members of Zila Yojana Samiti of .....................................District.
I nominate the following person as a candidate for election to the seat of a member of the...........................................Zila Yojna Samiti for rural area/Municipal Corporations/Municipal Councils/Nagar Panchayats.
1. Name of the candidate in full ............................................
2. Father’s/Husband's Name ...............................................
3. Age .............................................
4. Full Address ............................................
5. Name in full of the proposar ..............................................
6. Name in full of the seconder ............................................
..................................................
Sinature of Proposar Date ..................................................
Signature of Seconder 18 FORM-2 A [See rule 14 (1)] Ballot Paper (Municipal Corporation) --------------------------------------------------------------------------------------------- S.No. Name of the Candidate Mark
(1) (2) (3) --------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------- ----------------------------------------------- Signature and Seal of Presiding Officer 19 FORM-2 B [See rule 14 (1)] Ballot Paper (Municipal Council) --------------------------------------------------------------------------------------------- S.No. Name of the Candidate Mark
(1) (2) (3) ------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------- ----------------------------------------------- Signature and Seal of Presiding Officer 20 FORM -2 C [See rule 14(1)] Ballot Paper (Nagar Panchayat) --------------------------------------------------------------------------------------------- S.No. Name of the Candidate Mark
(1) (2) (3) ------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------- ----------------------------------------------- Signature and Seal of Presiding Officer 21 FORM-2 D [See rule 14 (1)] Ballot Paper (Rural Area) --------------------------------------------------------------------------------------------- S.No. Name of the Candidate Mark
(1) (2) (3) -------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------- ----------------------------------------------- Signature and Seal of Presiding Officer 22 FORM-3 [See rule 14 (6)] Result of the counting of Ballot Paper Election of Members from Municipal Corporation/Municipal Council/Nagar Panchayat/Rural area of Zila Yojna Samiti.
--------------------------------------------------------------------------------------------- S.No. Name of the candidate Valid votes cast in favour of the candidate
(1) (2) (3) --------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- Place : --------------------------------------------- Dated : Signature and Seal of Presiding Officer By Order and in the name of the Governor of Madhya Pradesh V.C. RAWAT, DEPUTY SECRETARY 23 Planning, Economic & Statistic Department Mantralaya,Vallabh Bhavan, Bhopal Dated: 30th August, 1995 No.F-9-93-95-XXIII - P-2 In exercise of the power conferred by sub-section (1) of section-11 read with sub-section(2) of section-9 of the Madhya Pradesh Zila Yojana Samiti Adhiniyam, 1995 (No.19 of 1995), the State Government hereby make the following rules, for the constitution of sub-committees, namely:- SUB-COMMITTEE RULES
1. Short Title & Commencement -
(1) These rules may by called the Madhya Pradesh Zila Yojana Sub- Committees (Composition, functions, terms of member and procedure for the conduct of Business) Rules, 1995.
(2) They shall come into force with effect from the date of their publication in “Madhy Pradesh Gazette”.
2. Definitions.- In these rules, unless the context otherwise requires :-
(a) “Act” means the Madhya Pradesh Zila Yojana Samiti Adhiniyam, 1995 (No. 19 of 1995);
(b) “Committee” means the Madhya Pradesh District Planning Committee constituted under Section 3 of the Act;
(c) “Elected Members” means Elected Members of the District Planning Committee;
(d) “Sub-Committee” means the sub-committee of the District Planning Committee constituted under sub-section (1) of Section 9 of the Act.
3. Constitution of Sub-Committee and its Composition- Sub-Committees may be constituted for regular or ad-hoc purposes by resolution of the 24 District Planning Committee to discharge the functions specified in subsection (2) of Section 9 of the Act.
4. Number of Members - Each sub-committee may comprise of 5 to 11 members, in addition to the Collector, or any officer nominated by the Collector, to be nominated by the Chairperson of District Planning Committee from the members of District Planning Committee and the permanent special invitees as provided in section 5 of the Act.
5. Presiding Officer - While constituting the sub-committee, the Chairperson of the District Planning Committee shall designate a Presiding Officer from amongst the members nominated to the subcommittee to chair the proceedings of the Sub-committee. In the absence of the Presiding Officer, the Sub-committee may elect one of the nominated members to conduct the meeting.
6. Secretary - The District Collector or any other officer nominated by him will be the Secretary of the Sub-Committee.
7. Co-option - The Presiding Officer of the Sub-Committee may Co-opt district heads of concerned Departments/Experts of District Planning Committee to serve on the Sub-Committee as and when required.
8. Term of the Sub-Committee - For regular sub-committees the term of the Presiding Officer and the members shall be of one year. The term of Sub- Committees constituted for ad-hoc purpose, shall be decided by the Resolution of the District Planning Committee:-
Provided that any member, who ceases to be a member of the District Planning Committee or Member of the body prescribed in section 5 of the Act, shall not continue to be the presiding officer or member of the subcommittee.
9. Holding of Meetings - The Presiding Officer of the Sub-Committee, may convene as many meetings of the Sub-Committee, as he may deem fit.
However, it will be necessary to convene the meeting of the Sub- Committee at least once in three months.
10. Notice of the Meetings - The notice of the meeting indicating the date, time, place and agenda of the meeting shall be circulated to the members 5 days in advance and a copy thereof shall be displayed on the Notice Board of the District Planning Office.
25
11. Quorum - One third of the total number of members shall constitute the quorum.
12. Functions of the Sub-Committee
(a) The sub-committee for employment shall -
(i) Discharge all functions relating to implementation, co-ordination and monitoring of programmes/schemes for generation of employment opportunities in the district;
(ii) Identify from time to time such programmes for increasing employment opportunities as may be relevant in the context of a particular district; and
(iii) Implement the scheme of Unemployment Allowance.
(b) The Sub-Committee for welfare of Scheduled Castes, Scheduled Tribes, Backward Classes and other weaker sections shall: -
(i) Determine priorities and monitor implementation of schemes/ programmes which are being implemented under the district sector for welfare and socio-economic development of the target groups;
(ii) Identify new schemes and formulate plan proposals in the context of available resources; and
(iii) The Sub-Committee shall forward the proposals, formulated/ recommended by it to the District Planning Committee for inclusion in the District Plan.
13. Minutes of the Meeting - The minutes of the meeting shall be prepared and submitted for approval of the Presiding Officer by the Secretary of the Sub-Committee and after the approval of the Chairperson a copy thereof shall be sent to the Chairpersons of the District Planning Committee, all the members of the Sub-Committee, District heads of the concerned Departments and the Member-Secretary, State Planning Board for necessary action.
By order and in the name of the Governor of Madhya Pradesh V.C. RAWAT, DEPUTY SECRETARY 26 Planning, Economic & Statistic Department Mantralaya, Vallabh Bhavan, Bhopal Datead:25th January, 1996 No.F-9-11-95-XXIII-P-2: In exercise of the powers conferred by subsection(1) of section-11 read with sub-section(5) of section-10 of the Madhya Pradesh Zila Yojana Samiti Adhiniyam , 1995(No.19 of 1995) The State Government , hereby makes the following rules, namely:- TRAVELLING ALLOWANCE RULES
1. Short Title - These rules may be called the Madhya Pradesh Zila Yoajana Samiti (Travelling Allowance) Rules, 1995.
2. Definition - In these rules, unless the context otherwise requires:-
(a) “Act” means the Madhya Pradesh Zila Yojana Samiti Adhiniyam, 1995 (No. 19 of 1995);
(b) “Non-official member” means a member of the District Planning Committee who does not hold any office under the State Government;
(c) “Expert” means the expert invited by the District Planning Committee under sub-section (4) of Section 10 of the Act.
3. Admissibility of Travelling Allowance and Daily Allowance to nominated unofficial members and experts - Non-official members and experts invited to the meetings of the District Planning Committee and District Planning Sub-Committee shall be entitled to draw Travelling Allowance as admissible to Grade-A (2) to and from his normal place of residence within the State to the District headquarters of the District Planning Committee and District Planning Subcommittee to which he is nominated and Daily allowance as admissible to a grade-A Officer of the State Government, the other elected members shall draw travelling and other allowances from the organisations to which they represent on the Committee, at the rates ordinarily applicable to them.
4. Bill - The Travelling Allowance bill payable under these rules shall be presented to the District Collector.
5. Claim for Allowance -
(1) A claim for allowance under these rules shall be presented within one year of its becoming due.
27
(2) If claim is presented after one year, the reason for the delay for submission of the same shall be stated by the claimant in his bill, to the satisfaction of the District Collector
6. Fund - The Expenditure on Travelling allowance and daily allowance under these rules, shall be treated as contingent expenditure, debatable to the funds placed with the District Planning Office for normal office contingencies.
7. Removal of difficulties - If any doubt or difficulty arises about the interpretation of these rules, the matter shall be referred to the State Government whose decision shall be final.
By Order and in the name of the Governor of Madhya Pradesh V.C. RAWAT, DEPUTY SECRETARY