GMC, Rules 1969

Notification

Sachivalaya, Ahmedabad - 15,1st November,1969

THE GUJARAT MEDICAL COUNCIL ACT, 1967 .

No. GHP/1738/GMC/1068/8382/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 ;

CHAPTER 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.

 

CHHAPTER 2

ELECTION

Part 1

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

For the purpose of election of member under clause (b) of sub-section (3) of section 3, the President shall by notice in writing inform the Registrar of every University established by law in the State 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 later than sixty days before the expiry of such term; and likewise inform the Registrar of every causal vacancy within thirty days of its occurrance, and request the Registrar to hold the election before the date specified in the notice. The notice shall be sent by registered post.
(2)

On receipt of notice under sub-rule (1), the Registrar shall hold election and communicate to the state Government the name of the person elected as soon as possible but not later than 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 referred to as “election”, the registrar shall prepare the electoral roll of registered practitioners from the register of medical 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 date fixed for receipt of nomination papers under rule 6. The Registrar shall at the 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 before a 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
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 shall fix the date, hour and place for the following stages of the election, namely.-

  
 
  (a) receipt of nomination papers ;
  (b) scrutiny of nomination papers ;
  (c) receipt of voting papers ; and
  (d) scrutiny and counting of votes.
 
 

(2) The date of the receipt of nomination papers shall be not less than forty days before the date fixed for the receipt of voting papers. The date fixed for scrutiny of nomination paper shall be not less than thirty-five days before the date fixed for receipt of voting papers.

 

  
7. Notice of election.- At least twenty days before the date fixed for the receipt of nomination papers, the Returning Officer 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 members and to send nominations for the purpose.
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 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 the Returning Officer on or before the date and the time appointed under rule 6 for receipt of nomination papers. Nomination papers received after the time so fixed shall be rejected. The Returning Officer shall immediately on receipt of a nomination paper record thereon the date and the time of its receipt by him.
 
9

Scrutiny of Nomination papers.- On the date appointed for scrutiny 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 resonable facilities to examine the nomination papers which have been delivered within the time fixed for their receipt under rule 6.

 

  
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 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 vacancies 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 adjcurrment 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, the 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 papers 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 the Returning Officer at least seven days before the date fixed for receipt of voting papers under rule 6 a declaration to that effect signed by himself 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 the 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 identity 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 names 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 identity 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 places marked on the larger cover. The larger cover shall be sent by post or otherwise so as to reach the Returning Officer on or before the date and the hour appointed under rule 6, for receipt of voting papers.
3

Any elector, who is under any disability which incapacities him recording his vote in the above manner, may take the assistance of a Gazetted Officer 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

Custtody of Votingpapers:- All covers containing voting papers shall be kept in sealed box by the Returning Officer after noting the date and time of receipt on each cover. Any covers received after the date and time fixed for receipt of voting papers under rule 6 shall be kept in a 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 if 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 make 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 make it doubtful to which candidate the elector 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 scrutinizers not exceeding four as he thinks fit.The scrutinizers 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 of 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.
3

After the result of the election has been declared by him the Returning Officer shall seal the voting papers and all other documents relating to the election and shall retain the same with himself in safe-custody for a period of 6 months and thereafter cause them to be destroyed.
 
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 provison 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 or Vice 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 Registrar, 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 members 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 nominate 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 vote 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

Time 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 the case of election of the President or Vice-President, from the date of their election.
 

 

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