ZILLA PARISHAD,
AND STANDING COMMITTEEs OF THE ZILLA PARISHAD
(G.O.Ms. N0, 218, Panchayat Raj, Rural Development and Relief (Mdl.II) dated 31/03/1995)
In exercise of the powers conferred by sub-section (1) of Section 268 read with Sections 160, 187 and 190 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules for the conduct of business at a meeting of Mandal Parishad, Zilla Parishad or a Standing Committee of Zilla Parishad constituted under the said Act, namely:-
PART-I
Preliminary
1. In these rules unless the context otherwise requires:
- 'Act' means the Andhra Pradesh Panchayat Raj Act, 1994 Act No. 13 of 1994)
- ’Section’ means the section of Act; and
- Words and expressions used but not defined in these, rules shall have the respective meanings assigned to them in the Act.
Mandal Parishad and Zilla Parishad
GENERAL
2.
- A meeting of every Mandal Parishad/Zi11a Parishad shall be convened once in every month for the transaction of business upon such dates and at such times as it may arrange and also at other times as of then as the meeting is called by the President of the Mandal Parishad/Chairman of the Zilla Parishad.
- Mandal Parishad Development Officer / Chief Executive Officer shall, with the approval or on the direction of the President/Chairman concerned, convene the meetings of the Mandal Parishad/Zilla Parishad as above.
Provided that where the President/Chairman fails to give his approval for convening the meeting within a period of 90 days from the last meeting the Mandal Parishad Development Officer/Chief Executive Officer may himself convene the meeting after issuing notices to the members and permanent invitees immediately in respect of the meetings to be held and also inform the President/Chairman in the matter immediately.
Provided further that if any Mandal Parishad Development Officer/ Chief Executive Officer fails to convene the meeting within a period of 90 days from the last meeting, he shall be liable for disciplinary action under the relevant rules.
3. No meeting shall ordinarily be held on any day during the period when the State Legislative Assembly or either House of Parliament is in session. However, a meeting may be convened on a holiday, if the State Legislative Assembly or either House of Parliament is in session.
4.
- No meeting shall be held unless notice of the place, date and time of the meeting and of the business to be transacted there at, is given at least six clear days before the date of the meeting. The meetings of the Mandal Parishads, Zilla Parishads and Standing Committees of the Zilla Parishads shall be held in their respective Head-quarters Offices only.
- In case of urgency, the President / Chairman may convene a meeting giving at least two days’ notice
5. The agenda for the meeting, with notes or each item along with require consideration shall, as far as possible, be prepared in Telugu by Mandal Parishad Development Officer/ Chief Executive Officer in consultation / chairman. The Mandal Parishad Development Officer/ Chief Executive include in the agenda any subject which in his opinion should be considered by the Mandal Parishad/Zi11a Parishad and shall include therein any subject specified by the President / Chairman
6.
- The President/ Chairman shall, on receipt of a requisition in writing signed by not less than one-third of the members then on the Mandal Parishad / Zi11a Parishad specifying the resolution, which is proposed to be moved call for a special meeting.
- The draft notice of the meeting called by the members signing the requisition shall be signed by such members and the notices of that meeting addressed to individual members shall be authenticated by the Mandal Parishad Development.
- the President/Chairman fails within three days from the delivery of such requisition to call a meeting on the day specified therein, meeting may be called: by the members signing the requisition subject to the provisions of Rule 7.
7.
- NO special meeting shall be held unless at least seven clear days’ notice specifying the purpose for which such meeting is to be held and the place, the date and time thereof has been given by a separate communication addressed to each member.
- A properly convened meeting of a Mandal Parishad or Zilla Parishad shall not be postponed to a later date except on a written request signed by not less than one half of the total number of members then on the Mandal Parishad or Zilla Parishad.
8. Every meeting shall be presided over by the President/Chairman and in his absence by the Vice-President, Vice-Chairman and in the absence of the President and the Vice-President/ the Chairman and the Vice-Chairman, by a member chosen by the members present at the meeting.
9. Whenever the President/Chairman finds it necessary to temporarily leave the chair, he may call on the Vice-President/Vice-Chairman or in the latter's absence some other member to preside.
10. If the Offices of the President and the Vice-President/ the Chairman and the Vice-Chairman are vacant, the duties assigned to the President/Chairman under rules 4 and 5 of these rules shall be performed by the Mandal Parishad Development Officer/ Chief Excessive Officer.
11. All the meetings of Mandal Parishads /Zilla Parishads shall be open to the Public.
Provided that the presiding member and in the case of a meeting for the consideration of a motion expressing want of confidence convened under Section 245 of the Act, the District Collector in the case of Zilla Parishad or any officer authorized by him to preside over the meeting of Mandal Parishad as the case may be, may in any particular case direct that the public generally or any particular person shall withdraw.
12. In the case of any resolution not carried unanimously, the names of the member who vote for and against shall be recorded.
13. Quorum: - No business shall be transacted at a meeting of the Mandal Parishad / Zilla Parishad unless there be present at least one-third of the number of members then on the Mandal Parishad/ Zilla Parishad.
14.
- If, within half an hour after the time appointed for the meeting, there is no quorum, the meeting shall stands adjourned to a later hour on the same or to the day or to the same time on the following day, as may be specified by the Presiding Member.
- Adjournment for want of quorum; - If any time it is brought to the notice of the Presiding Member that there is no quorum, the Presiding Member may, then ring a quorum bell and if after an interval of not less than 15 minutes quorum is not constituted, the Presiding Member shall adjourn the meeting to a later hour on the same day or at time on the next day to be specified by him.
- If there is no quorum in the adjourned meeting a fresh meeting may be convened following the procedure prescribed in the rule 4.
15. No resolution of a Mandal Parishad/Zi11a Parishad shall be modified or cancelled within three months after the passing thereof except at a meeting specially convened in that behalf and by a resolution of Mandal Parishad/Zi11a Parishad supported by not less than one-half of the number of members then on the Mandal Parishad/Zi11a Parishads.
16.
- The proceedings of the meeting of the Mandal Parishad/Zi11a Parishad shall be in Telugu as far as possible.
- The minutes of the proceedings of every meeting of Mandal Parishad shall be drawn up and entered in a book to be kept for the purpose and shall be signed by the Presiding Member after each meeting.
- The minutes of the proceedings of every meeting of Zilla Parishad shall be drawn up and entered in a book to be kept for the purpose and shall be signed by the Presiding Member after each meeting:
- The minutes of the proceedings of every Standing Committee shall be drawn up and entered in a book maintained separately for each Standing Committee meeting for the purpose and shall be signed by the Presiding Member after each meeting.
- The minutes of the proceeding of every meeting shall contain a record of the following, among other matters:
- Names of Members who stage a walkout at any time during the meeting.
- If a Member was attends the meeting late or leaves the meeting early, as the case may be, wishes that the time of his arrival or departure may be recorded, he shall announce to the Presiding Member and the Mandal Parishad Development Officer/Chief Executive Officer shall, accordingly, comply with it. The Mandal Parishad Development Officer/Chief Executive Officer shall, in all such cases, note the item on the agenda which is being discussed at the time of such late arrival or early departure of any member.
- The permanent invitees to the meetings of the Mandal Parishad/Zilla Parishad, as provided in the Act, shall be entitled to participate in the meetings of the Mandal Parishad/General Body of the Zilla Parishad without right to vote.
- The Mandal Parishad Development officer/Chief executive Officer shall forward a copy of the minutes of the proceedings of each meeting of the Mandal Parishad/ Zilla Parishad to the Commissioner, Panchayat Raj within 7 days of each meeting.
- Any member present at a meeting and wishing to submit him minute of dissent shall do so in respect of the proceeding immediately after conclusion of discussion on the subject. The minute of the dissent shall form part of the proceedings of the meeting.
- Where a decision taken in matters connected with law, procedure, standing orders of the Government and the like is not in consignees of the advice rendered at the meeting by the Mandal Parishad Development Officer/ Chief Executive Officer, a record of the advice rendered by him shall form part of the proceedings.
17. A member, while speaking, shall not—
- comment on any matter on which a judicial decision is pending;
- Make a personal charge against a member or an official.
- Use offensive language about the conduct or proceedings of the Parliament or of the Legislature of any State or of any Zilla Parishad or Mandal Parishad.
- utter defamatory words or
- Use his right or speech for the purpose of obstructing the business of the Mandal Parishad/Zilla Parishad.
18. A member who has once addressed the meeting on a motion shall not subsequently move or second an amendment thereto or otherwise take part in the debate.
19. No member shall speak on a motion after it has been put to vote by the presiding member.
20. No member may speak more than once on a motion except the mover who has the right of reply. After the motion speaks on an amendment thereto, be loses his right of reply.
21. No speech, except with the permission of the presiding member, shall exceed five minutes in durations
Provided that the mover of a resolution in moving the same may speak for ten minutes.
22.
- No member shall vote on or take part in, the discussion of any subject coming up for Consideration at a meeting of the Mandal Parishad/Zilla Parishad. If the subject is one in which apart from its general application to the public, he has any direct or indirect pecuniary interest by himself or as partner of a firm.
- The presiding member may prohibit any member from voting, on, or taking part in, the discussion of any subject in which he believes such member to have pecuniary interest, or he may require such member to absent himself during the discussions.
- Such member may challenge the decision of the presiding member, who shall there upon put the question to the meeting. The decision of the meeting shall be final.
- If the presiding member is believed by any member present at the meeting to have any such pecuniary interest in any subject under discussion, the presiding member may if a motion to that effect is carried, be required to absent himself from the meeting during such discussion.
- The member concerned shall not be entitled to vote on the question referred to in sub-rule (3) and the presiding member shall not be entitled to vote on the motion referred to in sub-rule (4).
23. A list of business for the day shall be prepared by the presiding member in the following order:
- Interpolations and questions.
- Papers to be laid on the table of the Mandal Parishad/ Zilla Parishad for the first time (no discussion shall be allowed on those papers on that day).
- Election of members to the Standing Committees in the case of Zilla Parishad.
- Matters relating to urgent official business brought forward by the presiding member.
- Any motion regarding change of order of business,
- Proceedings of Standing Committees of Zilla Parishads.
- Resolutions.
- Other Official business,
24. The members shall sit in such order as the presiding member may appoint. The members shall speak only from their places.
25. A member desiring to speak on any matter before the Mandal Parishad/Zilla Parishad shall rise from his place but shall not speak before the presiding member calls the name of the speaker, when he shall address the presiding member. If two or more members rise simultaneously to speak, the presiding member shall call the member who first caught his eye to speak first. The other member or members shall immediately resume their seats. At any time, the presiding member rises in his seat, any member speaking shall resume his seat.
26. When a member is called to order to sit by the presiding member such member shall immediately-sit down.
27.
- No business, not included in the list of business for the day shall be transacted at any sitting and without the leave of the presiding member and of the Mandal Parishad/ Zilla Parishad, except in the form of a motion.
- Not more than one such motion shall be made at anyone sitting.
- Not more than one matter shall be discussed on the same motion and the motion shall be restricted to a specific matter of recent occurrence.
- The motion shall not raise discussion one matter which has been discussed at a meeting of the Mandal Parishad/Zi11a Parishad during the previous three months.
- The motion shall not anticipate a matter which has been previously appointed for consideration or with reference to which a notice of motion has been previously given.
- The motion shall not deal with a matter on which a resolution could not be moved.
28. Leave to make such a motion must be asked for after questions at the ordinary meetings; and at other meetings before the business for the day is entered upon.
29. The members making such a motion shall hand over to the presiding member a written statement containing the motion before the meeting commences but he shall not speak thereon.
30. The presiding member if he is of opinion that the motion is in order shall read the same to the Mandal Parishad/Zilla Parishad and ask the Mandal Parishad/Zi11a Parishad if it gives leave. If majority of the members present and voting signify their assent, the presiding member shall announce that the motion will be taken up in that meeting.
31. The debate on such motion shall automatically terminate that day after which no question can be put.
32. Any member may move a resolution relating to a matter concerning the administration of the Mandal Parishad/Zilla Parishad.
33.
- The presiding member shall decide on the admissibility of resolution and shall disallow any resolution which in his opinion contravenes the provisions of the Act or the rules made there under and his decision shall be final subject to the provisions of Section 246.
- If the resolution relates to a matter unconnected with the administration of the Mandal Parishad/Zilla Parishad and if the presiding member is of the opinion that it may lead to an unseemly controversy, he may disallow the resolution.
34. Every resolution shall be clearly and precisely expressed and shall raise a definite issue.
35. Resolutions shall not contain arguments, inference, ironical expressing or defamatory statements, nor shall they refer to the conduct or character of persons except in their official or public capacity.
36. Resolution shall be of an affirmative character.
37. Notice of resolution shall be in writing and signed by the mover.
38. A member who wishes to move a resolution shall be given at least eight clear days’ notice of his intention and shall together with the notice submit a copy of the resolution which he wishes to move, but the presiding member may allow, for reasons to be stated by him, a resolution to be entered on the list of business with shorter notice than eight days.
39. The relative precedence of resolutions given notices of by members for being moved at meetings of the Mandal Parishad/Zilla Parishad shall be determined by ballot, If necessary.
40. No member shall be entitled to ballot for more than one resolution at a time.
41. Resolutions balloted but not reached or disposed of shall lapse.
42. A member shall be at liberty to give fresh notice in respect of resolutions which have lapsed.
43. Not more than ten resolutions according to the order of priority determined by ballot shall ordinarily be set down for every meeting.
44. A member in whose name a resolution appears on the list of business shall, when called on either-
- Move the resolutions, or
- withdraw the resolution, in which case he shall confine himself to a mere statement to that effect.
45. If the member when called on is absent, the resolution standing in his name shall be considered to have been withdrawn.
46. Every resolution which has been moved shall second, otherwise, it shall not be discussed, nor shall any question be put on it.
47. The discussions on a resolution shall be strictly limited to the subject of the resolution.
48. When any resolution involving several points has been discussed it shall in the discretion of the presiding member to divide the resolution and put each or any point to vote separately as he may think fit.
49. Routine resolutions, namely, regarding periodical statements and proceedings of the Standing Committees and the like, may be put to the meeting by the presiding member without there having been moved or seconded.
50. The presiding member has the same right of moving or seconding or speaking on a resolution or motion as any other member.
51. Notice of a question shall be given at least fifteen clear days before the sitting of the Mandal Parishad/Zilla Parishad at which it is to be asked, and a copy of the question shall be submitted with the notice.
Provided that the presiding member may allow a question to be asked with shorter notice than fifteen days or may extend the time for answering a question. The Mandal Parishad Development Officer/Chief Executive Officer or any other officer concerned with the subject with the permission of the presiding member may answer interpolations and supplementary questions thereon.
52. A question may be asked for the purpose of obtaining information on any matter pertaining to the administration of the Mandal Parishad/Zilla Parishad.
53. In order that a question may be admissible, it shall satisfy the following conditions:-
- It shall not contain any name or statement not strictly necessary to make the question intelligible.
- If a question contains a statement, the member asking shall make himself responsible for the accuracy of the Statement.
- It shall not contain arguments, inferences, ironical expressions, or defamatory statements.
- It shall not ask the press ion of opinion or the solution or an abstract on of hypothetical proposition.
- It shall not ask the character or conduct of any person except in his official or public
- It shall not pertain to the individual grievances or complaints of members of the Mandal Parishad/Zilla Parishad or of the employees of the Mandal Parishad/Zi11a Parishad or Government.
- It shall not be of excessive length
- A question once fully answered shall not be asked again
54. The presiding member may, within the period of notice disallow any question or any part of question on the ground that it relates to a matter which is not primarily the concern of the Mandal Parishad /Zilla Parishad and if he does so, the question or part of the question shall not be placed on the list of questions.
55. The presiding member shag decide on the admissibility of question and may disallow any question when, in his opinion, it is an abuse of the right of questioning or is in contravention of these rules or on the ground that it cannot be answered in the public interest.
56.
- The questions which have not been disallowed shall be entered in the list of questions for the day, and shall be called if the time made available for questions permits, in the order in which they stand in the list, before any other business is entered at meeting.
- If a question stands in the name of more than one member, the presiding member may permit any one of such members present to ask the question. If name of the members who put the question is present, the question shall not be taken up.
57. The first thirty minutes every ordinary meeting shall be, available for the asking and answering of questions.
58. Interpellations received at a meeting shall be disposed of in the same and shall not be adjourned for next or subsequent meetings.
59. Any member may, at any time, raise a point of order for the decision of the presiding member but in doing so, shall confine himself solely to stating the point. Putting the questions.
60. After the debate on a question is concluded; the presiding member shall put the question to vote.
61. When a question is put to vote the presiding member shall call for a show of hands, and he shall count the hands shown for or against and declare the result.
62. All questions which may come before the Mandal Parishad/Zilla Parishad at any meeting shall be decided by a majority of the members present and voting at the meeting, and in every case of quality of votes, the presiding member shall have and exercise a second or casting vote.
63. An item of business may be passed over no motion is proposed in reference thereto.
64. A member is guilty of breach of order who.
- uses objectionable or offensive words and refuses to withdraw them or offer any apology.
- willfully disturbs the peaceful and orderly conduct of the meeting.
- refuses to obey any order from the Chair; or
- does not resume his seat when the presiding member rises in his chair or when he is called upon to do so by the presiding member.
65. Any member may take objection to any offensive words.
66. A member may move a motion if he considers the words used by the other member are offensive, to declare it as offensive. If the motion is agreed, the presiding member shall direct the member who used them to withdraw the words.
67. Objections to offensive words shall be taken when the words are used and not after another member has begun to speak.
68. If the presiding member declares that the words used by a member are offensive and if the member does not withdraw the same after a direction has been given under Rule 66, he shall be guilty of breach of order.
69. The presiding member, after having called the attention of the Mandal Parishad/ Zilla Parishad to the conduct of member who persists in irrelevance or in tedious repetition either of his own arguments or of the arguments used by other members in debate, may direct him to discontinue his speech.
70. The presiding member may direct any member, whose conduct, is in his opinion, grossly disorderly, to withdraw immediately from the meeting and any member so ordered to withdraw shall do so forthwith and absent himself during the remainder of the day's presiding member for a second time, he may further order that the member shall be absent from meetings of the Mandal Parishad/Zilla Parishad for a certain period not exceeding four months provided that such absence shall not be a ground for purposes of disqualification.
71. The President/Chairman may in case of grave disorder arising in the meeting of the Mandal Parishad/Zilla Parishad, suspend any sitting for a time to be named by him. Closure.
72. At any time after a motion has been made and at the end of a speech, any member may move that the question be now put
and unless it appears to the presiding member that such motion is an abuse of the rules of the, Mandal Parishad/Zilla Parishad or an infringement of the right of reasonable debate, the question that the question be now put
shall be put forthwith and acceded without amendment or debate should the motion be carried, the presiding member shall take the consensus of the meeting whether the mover be allowed to reply. If the mover is so allowed, he shall bring his reply to a close, within five minutes. After that or should the reply by the mover be not allowed, the motion or amendment or amendments under the debate shall be at once put to vote.
Standing Committees of Zilla Parishads
73. Each Standing Committee shall meet at least once in two months at the Zilla Parishad Office on such date and time as the Chairperson of the Standing Committee concerned as the case may be, may specify in consultation with the Chairman of the Zilla Parishad.
74. The Chief Executive Officer shall convene the meetings of the Standing Committee of the Zilla Parishad according to the schedule as specified under Rule 73.
75.
- The rules applicable to the Mandal Parishad or Zilla Parishad meetings shall also be made applicable to the meetings of the Standing Committee unless specific provisions are made in this part.
- The agenda for the meeting of the Standing Committee of the Zilla Parishad shall be prepared by the Chief Executive Officer in consultation with the Chairperson of the Standing Committee as the case may be concerned and the Chairman Zilla Parishad.
76. No business shall be transacted at any meeting of a Standing Committee unless there is a quorum of 1/3rd of the number of members then on the Standing Committee.
Provided that in the case of an adjourned meeting of a Standing Committee, the quorum shall be three members including the presiding member.
77.
- All questions which may come before a Standing Committee at any meeting shall be decided by the majority of the members present and, voting at the meeting and in every case of quality of votes the presiding member shall have a casting vote.
- Every subject which has to be disposed of by a Standing Committee shall be placed before the same by the Chief Executive Officer with a note for information of the members explaining all the salient aspects of the question which have a relevance to the decision to be taken together with his own specific remarks and recommendations in the nature of an advice as to the appropriate course of action he suggests in the light of the facts of the case, law on the subject and precedents.
78.
- All minutes of the proceedings shall be entered in a separate book for each Standing Committee and shall be signed by the presiding member concerned after each meeting.
- The minute’s book shall be placed before the Zilla Parishad at such times as it may appoint.
- The Chief Executive Officer shall forward a copy of minutes of the proceedings of each meeting of every Standing Committee of the Zilla Parishad to the Commissioner of Panchayat Raj within seven days of such meeting.
79. In any case in which two or more Standing Committees have passed conflicting decisions and such conflict has not been resolved by a joint meeting of such committee, the Chief Executive Officer shall place and matter before the Zilla Parishad and pending its resolution he shall withhold all actions in regard to the matter at issue.
80.
- A member of a Standing Committee of the Zilla Parishad who is also a member of Zilla Parishad other than the Chairman of the Zilla Parishad shall cease to be a member of such Standing Committee if he had absented himself from three or more consecutive meetings of such Standing Committee held within a period of not less than six months reckoned from the date of the first meeting of the Standing Committee or of the last meeting which he attended or of his restoration to his membership under sub rule(2).
- Where a person ceases to be a member under sub-rule (1), the Chief Executive Officer of the Zilla Parishad shall at once intimate the fact to the member concerned and report the same to the Zilla Parishad at its next ordinary meeting. If such person applies for restoration of his membership to the Zilla Parishad within thirty days of the receipt of him of such intimation, he shall be deemed to have been restored to his membership and the Chief Executive Officer of the Zilla Parishad shall report the fact of such restoration to the Zilla Parishad at its next meeting pending such restoration the member shall be entitled to act as if he was not disqualified:
Provided that a member shall not be so deemed to have been restored more than once during his term of office:
Provided further that no meeting from which a member absented himself shall be counted against him under sub-rule (1), or due notice of that meeting was not given to him in the prescribed manner or the meeting was adjourned without transacting any business either for want of quorum or for any other reason or the meeting was held before he makes the oath or affirmation as laid down in Section 252 of the Act.
81. Every Standing Committee of the Zilla Parishad may for transacting the business of the Standing Committee and for carrying out the purpose, for which it is constituted, utilize the service of the staff of the Zilla Parishad.
Miscellaneous
82. The Mandal Parishad Development Officer shall have the custody of the proceedings and records of the Mandal Parishad and the Chief Executive Officer shall have the custody of proceedings and records of Zilla Parishad and all the Standing Committee thereof.
83. The Mandal Parishad Development Officer/Chief Executive Officer may grant copies of the Proceedings and records of the Mandal Parishad/Zilla Parishad and the Standing Committee on payment of such fees as the Mandal Parishad/ Zilla Parishad may prescribe.
Election to Standing Committees cannot be questioned by Election Petition: Election to the Standing Committee and special Consultative Committee cannot be questioned in an election petition under Section 441-A of M.P. Act. It is only such Councillors, whose election is to be notified by the State Election Commission in the Official Gazette under Section 22 of the Corporation Act that their election can be challenged by election petition. It is common ground that it is only the election of the Councilors, which is notified in the Gazette by the State Election Commission and not of the members of the Committees. The member of the Standing and Consultative Committees do not come within the expression ‘returned candidate’ as contemplated under Section 441-B of the Act read with Section 22 of the corporation Act. Consequently, writ petition challenging such election cannot be dismissed o ground of availability of effective alternation remedy. [ AIR 1996 Madhya Pradesh 154 Shankar, Petitioner v. Indore Municipal Corporation and Others.]
The procedure to be followed and the fees to be collected while granting copies of the proceedings or records of the Mandal/Zilla Parishad have been prescribed by the rules issued under Section 268 (1) of the Act in G.O.Ms.N0. 224, P.R., R.D and Relief (Mandals Department, Dt. 10.04.1995, printed in this volume under Section 268. Therefore, Rule 8 above which empowers the Mandal/Zilla Parishads to fix fees for grant of copies of the proceedings and records needs to be revised suitably. This section is analogous to Section 51 of the repealed Act. No. 31 of 1986. The provision in sub-section (6) of Section 187 is a new one, according to which the decisions of the Standing Committees are subject to ratification by the general body of the Zilla parishad. The general body is competent to approve, modify, rescind or reverse such decisions.
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