REGISTERED NO. D. (D.)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 377] NEW DELHI, SATURDAY, SEPTEMBER 13, 1979/BHADRA 24, 1901
Separate paging is given to this Part in order that it may be filed as a separate compilation
(929)
622 GI/79
930 THE GAZETTE 0P INDIA : EXTRAORDINARY [PART II—SEC. 3(iO] 931MINISTRY OF HEALTH AND FAMILY WELFARE
New Delhi, the 15th September, 1979
NOTIFICATION
S.O. 532
1. (1) These rules may be called the Indian Medicine Central Council (Election) Amendment Rules, 1979.
(2) They shall come into force on the date of their pub- lication in the Official Gazette.
2. In rule 9 of the Indian Medicine Central Council (Elec- tion) Rules, 1975 (hereinafter referred to as the said rules) :—
(i) in sub-rule (1), the provisos shall be omitted ;
(ii) after sub-rule (1), the following sub-rules ehall b"
inserted, namely : --
"(1A) No elector shall subscribe, whether as pro- poser or aa seconder, more than one nomination paper at the same election, and if he does, hia signature shall be inoperative on any paper other than the one first delivered.
(IB) Nothing in this rule shall prevent any candidate from being nominated by more than one nomi- nation paper for the same election :
Provided that not more than four nomination papen shall be presented by or on behalf of any can- didate or accepted by the Returning Officer."
3. In rule 11 of the said rules,—
(i) for sub-rule (2) the following sub-rule shall b* substituted, namely :—
"(2) The Returning Officer shall examine the nomi- nation papers and shall decide all objection* which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, reject any nomination paper on any of the following grounds, namely :
(a) that on the date appointed for the scrutiny (it nomination papers, the candidate does not pos- sess a recognised medical qualification for standing in an election ;
(b) that he is not enrolled on the State Register of Indian Medicine and does not reside in th" State from which he stands for election ;
(c) that he is already a member of the Centra]
Council in any other capacity ;
(d) that the nomination paper is not received by the Returning Officer on or before the appoint- ed time and date ;
(e) that the signature of the candidate or the pro- poser or the seconder on the nomination paper is not genuine.
(f) that the signature of the proposer or the seconder is contrary to the provisions of sub-rule (1A) of rule 9 ; and
(g) that the propose or the seconder is not entitled to vote at such election."
(ii) sub-rule (3) shall be omitted.
4. In rule 12 of the said rules,—
(i) in sub-rule (2), the words "or to be renomlnated as a candidate for the same election" shall b* omitted ;
iii) for sub-rule (3), the following sub-rule shall be substituted, namelv :—
"(3) the Returning Officer sh:'.II, on receiving a notice of withdrawal and on being satisfied as, to the iscimincness of the notice of withdrawal under sub-iule (1), •.• mse the notice to be affixed in some conspicuous place in his office."
5. In rule 13 of the said rulos, after sub-rule (4), the
following sub-rule shall be inserted, namely :-—
"(4A) The Returning Officer shall, after sending to the electors the voting papers and other connected papers referred to in sub-rule (4), publish an advertise- ment, in one issue of the daily newspaper in th" English language having circulation in the major part of the State and one issue of such daily news- paper in the regional language as the Returning Officer may consider suitable, about the fact of hnvlna posted such voting papers and other con- nected papers at the addresses of the electors as mentioned in the State Register."
6. In rule 14 of the said rules,.—
(i) in the marginal heading and in the body of the rule, for the words "by registered post", the words "by post" shall be substituted; and
(ii) the words "or received by unregistered post" shall be omitted.
7. In rule 16 of the said rules, in the marginal heading, for the words "registered covers", the word Covers" ihail be substituted.
". In rule 19 of the said rules, for sub-rule (2), the fol- lowing sub-rule shall be substituted, namely :—
"(2) If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by draw of lots and proceed ON if the candidate on whom the lot falls had re- ceived an additional vote."
9. For rule 23 of the said rules, the followlnjt rule shall be substituted namely :—
"23. Election by Faculty or Department.—The members of the Faculty or Department (by whatever name called) of each of the Ayurveda, Siddha and Unani
THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)l 932•ystetna of medicine of the University shall elect one member for the roapective system of medicine from amongst themselves in the following manner, namely :—
(a) the date, time and place of the election shall be intimated to each of the members by the Regis- trar of the University at least thirty days before the date of meeting ;
(b) any member present at the meeting shall be en- titled to propose a name of any member present, for election as a member of the Central Council and such proposal shall be required to be se- conded by a member other than the proposer or the one whose name is proposed :
Provided that one member shall be entitled to pro-
pose or second only one name ;
(c) any candidate may withdraw his candidature
before the actual election ;
(d) if the name of only one candidate is duly pro- posed and seconded, the Registrar of the Uni- versity shall forthwith declare, such candidate as duly election ;
(e) if the number of candidates duly proposed and seconded exceeds one, an election shall be held by secret ballot ;
(f) before the commencement of the actual election on the date so intimated, the Registrar of the University shall invite the members to inspect ballot box, in case they may like to do so, and he ihall then lock the box;
(g) on the date of actual election, the members pre- sent in the meeting shall, one by one, sign against their names In the list which contains the names of all the members in alphabetical order and Is placed along the side of the ballot box.
(1) as soon as all the memberj prejent and wishing ' to exercise the right to vote have done so, the
Registrar of the University, shall, in the presence, of the candidates who may be present in person, open the ballot box and take out from it all the ballot papers, examine them and reject as in- valid any ballot paper :—
(A) if it does not bear the signature of the Regis-
trar of the University ; or
(B) if the member signs his name or writes any word or makes any mark on it by which it becomes recognisable as his ballot paper; or
(C) If no vote is recorded thereon ; or
(D) if there is uncertainty of the vote exercised ; or
(E) if the vote has been given in favour of more
than one candidate ;
(j) the Registrar of the University shall then pro- ceed to arrange the valid votes according to the candidates in whose favour they have been cast and count them separately for each candidate ;
fk) after the counting is over, the Registrar of the University shall make an announcement in the meeting about the votes secured by each of the candidates and he shall also declare the candi- date securing the largest number of valid votes as duly elected to be a member of Central Council.
(1) in the event of two or more candidates securing the same number of votes and that number being more than the number of votes secured by any candidate other than the two or more securing the same number of votes, the determination as between such candidates shall be by draw of lots end the candidates on whom the lot falli, •hall be declared elected."
10. In Form IV annexed to the said rules, in sub-para- graph (d) of paragraph 1 and in sub-paragraph (a) of para- graph 2, for the words "by registered post", the words "by post" shall be substituted.
(h) after a member has signed his name in the said list, he shall be given a ballot paper containing the names of all the candidates and signature of the Registrar of the University, which he shall drop into the ballot box after affixing thereon a cross (X) mark against the name of the candidate of his choice ;
fNo. V. 26012/I/74-AE]
T. V. ANTONY, Joint Secy.