GMC, Rules 1969

Notification

Sachivalaya, Ahmedabad - 15,1st November,1969

THE GUJARAT MEDICAL CONCIL ACT, 1967 .

No. GHP/1638/GMC/1069/8382/Chh.-In exercise of the power conferred by Section 31 of the Gujarat Medical Council Act, 1967 (Guj. 10 of 1968),the government of Gujarat hereby makes the following rules namely ;

1.PRELIMINARY

1.     Short title.-  These rules may be called the Gujarat Medical Council Rules, 1969.

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

(a)     "Act" means the Gujarat Medical Council Act, 1967;

(b)     "Form" means a form appended to these rules ;

(c)     "Section" means a section of the Act ;

(d)     The words and expression used in the Act but not defined in these rules shall have the meaning assigned to them in the Act.

 

2.ELECTION

Part 1

3. Representatives of Medical Faculties of Universities.-  
 
(1)

For the purpose of election member under clause (b) of sub-section (3) of section 3,the President shall by notice in writing inform the Registar of every University established by law in theState that the term of office of the member elected under clause (b) of the sub-section(3)of section 3 is due to expire on the date specified in the notice,such notice being given not letter then sixty days before the expiry of such term; and likewise inform the Registrar of every causal vacancy within thirty days of its occurrence, and request the Registrar to hold the election before the date specified in the notice.The notice shall by registrar post

(2)

On receipt of notice under sub-rule (1), the Registrar shall hold election and communication to the state Government the name of the person elected as soon as possible but not letter then seven days after the date of declaration of the result of the election.

 PART II

 
Representatives of Registered Medical Practitioners
4.

Preparation of Electoral Rolls.-

 
 
1.

For the purpose of election of member under caluse (c) of sub-section (3) of section 3 (hereinafter in this chapter to as “election”,the registrar shall prepare the electoral roll of regisered practitioners from the register of medica practitioners. The electoral roll shall include the names of all practitioners on such date prior to the date of election as may be fixed by the Council for each election.

2.

The electoral roll shall be kept open for inspection in the office of the Council at least thirty days before the last datefixed for receipt of nomination papers under rule 6. The Registrar shall at same time issue in the Official Gazette and in such other manner as he thinks fit, a notice in Form 1, calling upon the registered practitioners to send their objections or suggestions, if any, with regard to the entries in the electoral roll beore the date specified in the notice, which shall not be earlier then fifteen days of publication of the notice. All objections received before the date specified in the notice shall be considered by the Registrar and corrections made, if necessary,in the electoral roll.

3.

Any practitioner aggrieved by the decision of the Registrar may,within five days from the date of receipt of the order, prefer an appeal to the state Government

At least twenty days before the date fixed for the receipr of nomination papers,the Returning Office shall publish in the Official Gazette and in such other manner as he thinks fit, a notice in Form 2 notifying the dates fixed under rule 6 and calling upon the electors to elect new member and to send nominations for the purpose.
5 Returning Office.-The Registrar or any other person authorised by the State Government shall be the Returning Officer.  
6

Fixation of the stages of election.-

(1) The Returning Officer shallfix the date, hour and place for the following stage of election, namely.-

 
 
  (a) receipt of nomination papers ;
  (b) scrutiny of nomination papers ;
  (c) receipt of voting papers ; and
  (d) suruting and counting of votes.
 
  (2)The date of receipt of nomination of papers shall be not less then forty days before the date fixed for the receipt of voting papers. The date fixed for serutiny of nomination paper shall be not less than thirty-five days before the date fixed for receipt of voting papers.  
7. Notice of election.-
On the appointed for scruitiny of nomination papers,the candidates and one proposer and seconder of each candidate may attend at the appointed time and place,and the Returning Officer shall give them all reasonable facilies to examine thenomination papers which have been delivered within the time fixed for their receiot under rule 6.
8 Nomination of candidates :  
 
1 Every registered practitioner whose name appears in the electoral roll prepared under rule 4 (hereinafter referred to as the elector in elector in this Part) shall be qulified for election under this part.
2 Candidates qualified for election shall be proposed and seconded by practitioners,qualified as electors.
3 The nomination papers shall be in Form 3 and the forms shall be supplied by Registrar to every candidate on his requisition.
4 Every nomination paper duly completed and signed by the proposer and seconder and subscribed by the candidate himself as assenting to the nomination shall be sent by post or otherwise so as to reach Returning Officer on before the date and the time appointed under rule 6 for receipt of nomination papers.Nomination papers received Officer shall immediately on receipt of a nomination paper record theron the date and the time of its receipt by him.
 
9 Scrutiny of Nomination papers.-  
10 Disposal of objections, Rejection of nomination:-  
 
1 The Returning Officer shall examine the nomination papers and shall decide all objections and may either on such objection or on his own motion after such summary enquiry if any , as he thinks necessary, refuse any nomination for any of the following reasons namely:-
 
(a) that the candidate or his proposer or his seconder is not an elector;
(b) that there has been any failure to comply with the provisions of the act or the rules made thereunder,
(c) that the signature of the candidate or his proposer or his seconder is not genuine or has been obtained by fraud.
2 Where an elector has subscribed as proposer or his seconder a larger number of nomination papers than there are vacancies to be filled, only such of the papers so subscribed as have been first received, upto the number of vacanicr to be filled shalll be deemed to be valid, and the rest shall be deemed to be invalid and rejected.
11 Completion of Scrutiny  
 
1 The Returning Officer shall endorse on each nomination paper his decision whether the nomination paper has been accepted or rejected; and in case the nomination paper has been rejected the reasons therefor.
2

The scrutiny shall be completed on the date appointed in this behalf and no adjournment of proceeding shall be allowed.  

 
12

Withdrawal of Candidature.-Any candidate may withdraw his candidature within three days of completion of scrutiny of nominations by a notice in writing signed by him and delivered to the Returning Officer.

 
13

List of Valid Nominations.-On completion of the scrutiny of the nominations and after the expiry of the period within which a candidate may withdraw his candidature under rule 12, te Retruning Officer shall forthwith under his signature publish on the notice board at the office of the council a list of valid nominations.

 
14

Procedure at Uncontested Elections.-After the publication of the list of valid nominations if the number of validly nominated candidates does not exceed the number of vacancies to be filled in, the Returning Officer shall forthwith declare such candidates to be duly elected to fill such vacancies and report the names of such candidates to the State Government.

 
15 Contested election.-  
 
1 When there are more candidates than there are vacancies, the voting shall be by postal ballot.
2

The Returning Officer shall forthwith publish the names and addresses of the contesting candidates in the Official Gazette and on the notice board at the office of the council.

 
16

Printing of Voting papers ;-The Returning Officer shall arrange for the printing of voting papers in form 4 with the names of the contesting candidates entered therin in alphabetical order.

 
17 Despatch of Voting papers to Electors.-  
 
1 Twenty one days before the date fixed for the receipt of voting papers under rules 6, the Returning Officer shall send to every elector by post under certificate of posting:-
 
a One voting paper in form 4 bearing his initials or facsimile signature.
b a smaller blank cover with the words”voting paper” printed thereon; and
c a larger cover addressed to himself in Form 5.
2

The Returning Officer shall make a mark in one copy of the electoral roll against the name of every elector to whom a voting paper and covers have been sent.The marked copy of the electoral roll and the counterfoils of the voting papers sent shall be sealed in a packet immediately after the date fixed for receipt of voting paper under rule 6.

 
18

Issue of Duplicate voting paper :- If any elector has not received his voting paper and covers or has inadvertently spoilt the paper or lost them,he may send to Returning Officer at least seven days before then date fixed for receipt of voting papers under rule 6 a declaration to that effect signed by him self and the spoilt papers,if any,,and require the Returning Officer to send him duplicate papers in place of those not received, spoilt or lost. When duplicate papers are issued record thereof shall be kept by the Returning Officer and a mark “Duplicate” made on the larger cover and on voting papers issued. The Returning Officer shall cancel any spolit papers received back form the elector.

 
19

Delivery of voting paper to Elector in person:- Any elector whose voting papre is returned undelivered may apply to the Returning Officer in person for such voting paper before the date fixed for the receipt of voting paper under rule 6 and take delivery of the voting papers after satisfying the Returning Officer of his indentity and giving a receipt.

 
20 Recording of votes by Electors:-  
 
1

On receipt of voting paper,an elector shall record his votes by putting crosses in column 3 of the voting paper against the name of candidates to whom he wishes to give his votes. The elector shall have as many votes as there are vacancies and can give only one vote to each candidate. The elector shall not reveal his indentity on the voting paper by putting his signature or by any other means.

2

After recording his vote, the elector shall put the voting paper in the smaller cover, close it and put it in the larger cover.The elector shall then close the larger cover and write his full name and sign at the place marked on the larger cover shall be sent by post or otherwise so as to reach the Returning Officer on or before the date and the hore appointed under rule 6, for receipt of voting papers.

3

Any elector,who is under any disability which incapacitles him recording his vote in the above manner, may take the assistance of a Gazetted or a Megistrate in recording his votes. Such Officer shall,in such case ,record on the back of the larger cover a certificate in the following manner namely :-

 
“I………………………. Hereby certify that
(Name of the Officer).,

…………………………….. being incapable of recording his
(Name of the elector).
Votes due to………………………… requisted me to record
(Cause of incapacity)
his votes and I have recorded his votes according to his desire and in his presence.
Signature …………………………
Designation …………………………

 
21

Custody of Voting papers:- All covers containing voting papers shall be kept in sealed box by the Returning Officer after noting the date and time of receipt of voting papers under rule 6 shall be kept in separate packet and shall not be opened.

 
22 Scrutiny and counting of Votes :-  
 
1 The scrutiny and counting of votes shall be undertaken by the Returning Officer at the time on the day and at the place appointed under rule 6.
2 A candidate or not more than one representative duly authorized by him may remain present at the time of counting of votes
3 The whole voting papers shall be treated as invalid –
 
a if the elector has failed to write his full name and make his signature on the larger cover in which the smaller cover containing the voting paper is kept;
b

if the mark(X) is placed opposite the name of more candidates than the number of seats to be filled or more votes are given than he is entitled to under sub-rule(1) of rule 20.

c if the elector has put his signature on the voting paper or has made any other mark thereon which may reveal his identity ;
4

If the Returning officer receives more than one voting paper from one smaller cover or more than one smller cover in any larger cover,all such voting papers shall be treated as invalid.

5

If the mark (X) (cross mark) is so placed as to mark it doubtful to which candidate the electore has given his vote the vote shall be deemed to be invalid ; and the voting paper treated as invalid.

6 If any elector has given more than one vote to any candidate,the voting paper shall be deemed to be invalid.
7 The Returning Officer shall nominate such number of scrutinize-rs not exceeding four as he thinks fit.The scrutinize-rs shall be Gazetted Officers of Government.
 
23 Declaration of Result of Election:-  
 
1

When the counting of votes is completed the Returning officer shall forthwith declare the candidates to whom the largest number votes has been given to be elected . If there is an equal number of votes in favour of two or more candidates for one vacancy the selection for that vacancy shall be determined by the Returning Officer by drawing lot.

2

The Returning officer shall also inform each successful candidate by letter of his having been elected to the council and a report to the State Government the date of declaration of the election and the result thereof.

 
24

Filling of Casual vacancy:-If there is vacancy of member elected under clause (c) of sub section (3) of section 3, the president shall subject to the provision contained in the proviso to sub-section (1) of section 5,take steps of fill it up as soon as possible by election in accordance with the procedure in rule 4 to 23 above.

 
 
PART III
 
25

Election of president and vice President:-As soon as possible after the President or Vice President as the case may be,ceases to hold office either because of the expiry of the term of office or for any other reason whatsoever the council shall proceed to elect the successor president or Vice-President in the manner specified in rule 26.

 
26 Procedure for election of President :-  
 
1

At the meeting called for the election of the President ,the members present shall elect form amongst themselves a temporary chairman by ballot if necessary, to be taken by the Registar ,such chairman shall preside over the meeting until the President has been elected.

2

Any member of the Council may nominate any other member for the office of the President. The temporary chairman shall announce the names of the members so nominated and if only one member has been so nominated shall declare that member to have been elected as President. If more than one member has been so nominated, the meeting shall proceed to elect the President by ballot.

3

When an equality of votes is found to exist between any two or more numbers and the addition of a vote will entitle a member to be declared elected as President,the determination of the member to whom such additional vote shall be deemed to have been given shall be made by lot to be drawn by the Chairman in such manner,as he thinks fit.

4

At the meeting called for the election of the Vice President any member of the Council may nominated any other member except the President for the office of the Vice-President.The President shall announce names of members so nominated and,if only one member had been so nominated shall declare that member to have been elected as Vice President.If more than one member has been so nominated,the meeting shall proceed to elect the Vice President by ballot.In case of equality of votes between any two or more members and the addition of the votes will entitle a member to be declared elected as Vice President,the determination of the member to whom such additional vote shall be deemed to have been given shall be made by lot to be drawn by the President in such manner as he deems proper.

 
 
PART IV
 
 
27

The limit for referring election disputes:-The time limit for the referring any dispute referred to in sub-section (7) of the section 3 to the State Government shall be six months in the case of elected members form the date of declaration of the result of election and in case of election of the President or Vice-President,from the date of their election.

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