Kerala Panchayat Raj (Standing Committee) Rules, 2000
(1) These rules may be called the Kerala Panchayat Raj (Standing Committee) Rules, 2000.
(2) It shall come into force with effect from the 1st October, 2000.
(1) In these rules, unless the context otherwise requires,--
(a) "Act" means the Kerala Panchayat Raj Act, 1994 (13 of 1994);
(b) "Section" means a section of the Act;
(c) "Form" means a form appended to these rules.
(2) Words and expressions used but not defined in these rules, but defined in the Act shall have the respective meanings assigned to them in the Act.
(1) The 1[returning officer] shall give the notice for convening the meeting for the election of members of the Standing Committee to all the elected members of the Panchayat, five days prior to the date of the meeting and the notice for convening the meeting for the election of the Chairman of the Standing Committee, shall be given to all the members of the Standing Committee concerned two days prior to the date of the meeting:
Provided that in the aforesaid days, declared public holidays shall include and the date of receipt of the notice and the date of the meeting shall not include.
(2) The notice under sub-rule (1) may be given either through an Officer or in person and the member shall be bound to put his signature on the document in acknowledgement of the receipt of the notice.
(3) The other matters in respect of the service of a notice under sub-rule (1) shall be in the same manner as that of convening an ordinary meeting of the Panchayat.
8[x x x x]
Any elected member of the Panchayat may be a candidate in the election to the Standing Committee:
(1) Every candidate who wishes to be elected to a Standing Committee shall, within the time and date given in the notice under Rule 4, inform the 10[returning officer] of his candidature in writing.
(2) The 11[returning officer] of the meeting shall read out the names of the contesting candidates in the meeting.
(3) If the number of seats vacant in a Standing Committee and the number of candidates are equal, the 11[returning officer] shall declare all such candidates duly elected.
(4) If the number of candidates is more than the number of seats vacant, the members present in the meeting shall elect the members to the seats vacant in accordance with the system of proportional representation by single transferable vote, by conducting election under Rule 8.
(5) If the number of candidates is less than the number of seats vacant, the 11[returning officer] shall declare such candidates as duly elected and the members
(1) The 1[returning officer] of the meeting shall issue a ballot paper in Form No. 1 appended to these rules to every elected member of a Panchayat who wishes to vote in the election to a Standing Committee and the ballot paper shall contain the names of all the contesting candidates.
(2) Each member shall, immediately on receipt of the ballot paper, proceed to the place set apart for voting and record the vote by writing legibly on the ballot paper the priority given by him in the order of one, two, three and so on against the names of such number of candidates as may be elected, and after putting his signature and writing his name on the reverse of the ballot paper, fold the ballot paper and put it into the ballot box kept at a place fully visible to the 1[returning officer].
(3) The 1[returning officer] shall, on completion of the voting, open the ballot box in the presence of the members take out the ballot papers and count the prio
(1) The 1[returning officer] shall, on the occurrence of a casual vacancy of a member in a Standing Committee, convene a special meeting of the elected members of the Panchayat within the time given under sub-section (10) of Section 162 and conduct election in accordance with the procedure under Rule 7 and 8 for the purpose of filling up the vacancy.
(2) If more than one casual vacancy occur at a time in a Standing Committee the vacancies shall be filled up in a single voting.
(1) The Chairman of Standing Committee other than the Standing Committee for Finance shall also be elected after the election of its members under Rule 8.
(2) If casual vacancy occurs in the Office of Chairman of a Standing Committee other than the Standing Committee for Finance, a member of the Standing Committee shall be elected as Chairman in its next meeting.
(1) Every candidate who wishes to be elected to the Office of Chairman shall submit the nomination under Rule 10 to the 1[returning officer] within the time and date specified in the notice under Rule 4.
(2) The 1[returning officer] shall, in the meeting, read out the names of the candidates who have duly given nominations.
(3) Voting shall not be conducted, if there is only one person as candidate for the Office of Chairman and the 1[returning officer] shall declare that candidate elected as Chairman.
(4) The 1[returning officer] shall, if there are more than one candidate for the Office of the Chairman, conduct voting in the meeting and for the voting, issue ballot paper in Form No. 2 appended to these rules to the elected members present in the meeting and the ballot paper shall contain the names of all the contesting candidates.
(5) Each member shall, immediately on receipt of the ballot paper, proceed to th
(1) The Chairman of a Standing Committee shall preside over its meetings and in his absence a member chosen by the members present from among themselves shall preside over the meeting.
(2) A member presiding over a meeting of the Standing Committee shall, while so presiding, have all the powers of the Chairman and shall be subjected to all the liabilities thereof.
(3) The person presiding over the meeting shall control the meeting and shall decide the points of order and the matters in respect of procedure arising in or in connection with the meeting.
(1) Every member elected to a Standing Committee shall hold the Office as long as he continues to be a member of the Panchayat.
(2) The Chairman of a Standing Committee other than the Standing Committee for Finance shall, unless resigned his Office earlier or unless removed from the Office under Rule 15 hold the Office as long as he continues to be a member of the Panchayat.
(3) The Chairman of the Standing Committee for Finance shall hold the Office as long as he continues to be the Vice-President of the Panchayat.
(1) A member of a Standing Committee not being an ex-officio member thereto or the Chairman of a Standing Committee except that of the Standing Committee for Finance, who intends to resign under sub-section (7) of Section 162 shall tender his resignation to the Secretary in Form No. 3 appended to these rules.
(2) The person who intends to resign shall sign the resignation letter before the Secretary and entrust it directly to the Secretary and in case under any circumstance it becomes impossible to do so, the resignation letter shall be sent to the Secretary by registered post after it is attested by a Gazetted Officer of the State Government Service.
(3) Immediately on receipt of a proper resignation letter the Secretary shall, record on it the date and time of its receipt and as to whether it was received direct or by post and affix his signature thereon and shall give an acknowledgement receipt direct or by post, as the case may be, to the person concerned.
(
(1) A notice, in respect of the intention of presenting a motion expressing no-confidence in the Chairman of a Standing Committee other than the Standing Committee for Finance shall be delivered in person, in Form No. 4 appended to these rules, signed by not less than one third of the elected members of the Standing Committees, together with a copy of the motion which is intended to be presented, to the Officer authorised by the State Election Commission to receive the notice of no-confidence in respect of the President.
(2) The Officer referred to under sub-rule (1) shall, for considering the motion, convene a special meeting of the members of the concerned Standing Committee to be held at the Office of the Panchayat at a time appointed by him and not later than fifteen working days from the date on which he received the notice under sub-rule (1).
(3) The Officer referred to under sub-rule (1) shall, by registered post, give not less than seven clear days notice to th
(1) A Standing Committee shall meet in the Office of the Panchayat at least once in a month on such date and time as may be fixed by the Chairman from time to time:
Provided that the meeting of the Committee shall not be held, except in urgent situations, on public holidays or during the time before 9 O'clock in the morning and after 6 O'clock in the evening.
(2) The Chairman of the Standing Committee may convene the meeting of the Standing Committee as and when necessary and shall convene the meeting within forty eight hours if the Secretary or not less than three members of the Committee make a request thereof in writing informing the subject to be discussed.
(3) The Chairman of the Standing Committee shall, at least three clear days before the date fixed for convening the meeting, give the members notice of the date and time of meeting and the subjects to be discussed in the meeting:
Provided that the Chairman may, in urgent situations, convene the mee
No resolution of a Standing Committee shall be modified or cancelled except at a meeting of the Standing Committee specially convened for the purpose and by a resolution supported by more than one half of the members fixed by the Panchayat under sub-section (2) of Section 162:
Provided that the Standing Committee shall not modify or cancel any of its resolution three months after it is passed.
The Secretary shall, in case two or more Standing Committees take conflicting decisions on the same subject, submit the same to the consideration of the Panchayat, and shall, pending decision of the Panchayat thereon, keep in abeyance, the implementation of such decisions of the Standing Committees.
The Standing Committee may, for the execution of the functions delegated to it, require the Secretary, ex-officio Secretary or the employees under the control of the Panchayat to produce any record, report, return, document or other details and to appear before the committee meeting to seek further details, as it may deem fit, and if so requisitioned, they shall be bound to comply with it.
Panchayat may, subject to Section 256 of the Act, make bye-laws for any matter not included in these rules regarding Standing Committee.
APPENDIX | ||
Serial Number | Name of candidate | Priority given to the candidate (in the order of one, two, three....) |
Note:- Write the name and signature of the member who votes on the | ||
FORM 2 | ||
Serial Number | Name of candidate | Vote mark (Mark 'X' against the name of one candidate) |
Note:- Write the name and signature of the member who votes on the | ||
FORM 3
[See sub-rule (1) of Rule 14]
LETTER OF RESIGNATION
I..................................Chairman/*[member] of the Standing Committee for ............................of..........................Village/Block/District Panchayat hereby voluntarily resign the said Chairmanship/*[membership].
Place.......................
FORM 4
[See sub-rule (2) of Rule 15]
NOTICE IN RESPECT OF PRESENTING NO-CONFlDENCE MOTION
Sir,
We intend to present the motion expressing no-confidence against Shri................................................... , Chairman of the Standing Committee for..........................of ..........................Panchayat. A copy of the motion which is proposed
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