Maharashtra State Council for Occupational Therapy and Physiotherapy Rules, 2011

No. MOP. 2004/CR -287/2004/Act.-In exercise of the powers conferred by sub-sections (1) and (2) of section 39 of the Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002 (Mah. II of 2004) and of all the powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section 39, namely;--

Chapter I

Preliminary

  1. Short title.- These rules may be called the Maharashtra State Council for Occupational Therapy and Physiotherapy Rules, 2011.

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

    (a) "Act" means the Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002 (Mah. II of 2004);

    (b) "Form" means the forms appended to these rules;

    (c) "Schedule" means the Schedule appended to these rules;

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

    (e) words and expressions used in these rules but not defined herein, shall have the meanings respectively assigned to them in the Act.

    Chapter II

    Conduct of Election of Council

  3. Appointment of Returning Officer.- (1) For the purpose of the election of the members of the Council under clauses (b) and (c) of sub-section (3) of section 3, the State Government shall appoint a Returning Officer who shall not be below the rank of the Under Secretary to the State Government:

    Provided that, where, for any reason, the Returning Officer is unable to act as the Returning Officer, any other person authorised by the Government or the Registrar shall be the Returning Officer. Where the Returning Officer is appointed by the Government, the Registrar shall work as the Assistant Returning Officer.

    (2) The Returning Officer and the staff appointed to assist him for the election work, shall be paid an additional remuneration as may be decided by the Council, from time to time.

  4. Preparation and publication of electoral rolls for election of Council.-

    (1) For the purpose of election to the Council, the Registrar shall prepare separate electoral rolls of Occupational Therapists and Physiotherapists enrolled in the registers maintained by the Council under rule 75.

    (2) The respective electoral roll shall include the names of all Occupational Therapists and all Physiotherapists, registered upto such date, as may be fixed by the Council for each election. The period between this date and the date fixed for counting of votes under sub-rule (1) of rule 5 shall not be more than three months.

    (3) The Registrar shall, at least thirty days before the last date fixed for the receipt of nomination papers under clause (a) of sub-rule (1) of rule 5, publish the electoral rolls of registered Occupational Therapists and Physiotherapists by exhibiting copies thereof at the office of the Council. The copies of the electoral roll shall be made available for sale in the office of the Council at a price fixed by the Council, from time to time. The Registrar shall at the same time issue a notice in the Official Gazette, and at least in four newspapers selected by him, in FORM-I, calling upon the registered Occupational Therapists and Physiotherapists to send their objections or suggestions, if any, with regard to the entries in the electoral rolls before a date specified in the notice, which will not be earlier than fifteen days of the publication of the notice. All objections or suggestions received before the date specified in the notice shall be considered by the Registrar and corrections shall be made, if necessary, in the electoral rolls.

    (4) If any electoral roll is amended, such roll with amendments shall form the electoral roll for the purposes of the election under the Act. Copies of the amendments made to the electoral roll, if any, shall be made available for sale in the office of the Council at a price fixed by the Council, from time to time.

  5. Fixation of stages of' election.- (1) The Returning Officer shall fix the following stages of the election, namely;--

    (a) the day on which, the place at which and the time during which the nomination papers are to be presented;

    (b) the day on which, the place at which and the time during which the nomination papers shall be scrutinized;

    (c) the day on which, the place at which and the time during which nomination may be withdrawn;

    (d) the day on which, the place at which, and the-time during which the voting papers shall be forwarded and received; and

    (e) the day on which, the place at which, and the lime during which the votes shall be counted.

    (2) The date of the receipt of the nomination papers shall not be less than forty days before the date fixed for the receipt of the voting papers. The date fixed for the scrutiny of the nomination papers shall be the next day of the last date fixed for the receipt of the nomination papers.

  6. Notice of Election.-At least thirty days before the date fixed for the receipt of the nomination papers, the Returning Officer shall at the same time issue a notice of election in the Official Gazette, and at least in four newspapers having wide circulation selected by him, in FORM-II, notifying the dates fixed under sub-rule (1) of rule 5 and calling upon the electors to elect new members and to send nominations for the purposes. A copy of this notice shall also be displayed on the notice board at the office of the Council.

  7. Presentation of' Nomination Papers.- (1) Every registered practitioner whose name appears in any electoral roll prepared under rule 4 (hereinafter referred to as "the elector" in this Chapter) shall, unless disqualified under section 28, be qualified for election from the constituency to which the electoral roll pertains.

    (2) Candidates qualified for election shall be proposed and seconded by the practitioners who are qualified as electors.

    (3) The nomination paper in FORM-III shall be supplied by the Registrar to every candidate on his requisition.

    (4) Every nomination paper in FORM-III duly completed and signed by the proposer and the 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 clause (a) of sub-rule (1) of rule 5, for receipt of the nomination papers. The nomination papers received after the time so fixed shall be rejected. The Returning Officer shall immediately on receipt of each nomination paper endorse thereon the date and the time at which the nomination papers is received by him and also immediately acknowledge the receipt of the nomination paper. Provided that, not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the Returning Officer.

    (5) Every candidate shall, alongwith the nomination paper, deposit with the Returning Officer a sum of rupees One thousand as amount of deposit. If the amount of deposit is remitted by money order, the money order receipt shall be attached to the nomination paper. A nomination paper not accompanied by such deposit or such receipt shall not be accepted by the Returning Officer. The deposit shall, unless it is forfeited to the Council under sub-rule (6), be returned to the candidate, as soon as possible, after the result of the election is declared.

    (6) If a candidate is not elected and if the number of valid votes recorded in his favour is less than one-eighth of the total number of votes recorded, divided by the total number of members to be elected, the deposit shall be forfeited to the Council.

  8. Scrutiny of nomination papers.-On the date appointed by the Returning Officer for scrutiny of the nomination papers, the candidates and the proposer and the seconder of each candidate may remain present, at the appointed time and place, and the Returning Officer shall allow an reasonable facilities to all the contesting candidates and their proposers to examine the nomination papers of all the candidates which have been received by him as aforesaid.

  9. Disposal of objections and rejection of nomination.- The Returning Officer shall examine the nomination papers received by him and shall decide all objections and may, either on such objections or on his own motion, after such summary enquiry, if any, as he may think to be 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 for 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, on tallying, with their specimen signature on the record of the Council.

  10. 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 if the nomination paper has been rejected, he shall record in writing a brief statement of his reasons for such rejection.

    (2) The scrutiny shall be completed on the day appointed in this behalf and no adjournment of proceeding shall be allowed.

  11. Withdrawal of candidature.-(1) Any candidate may withdraw his candidature within three days of completion of scrutiny of nomination papers by notice in writing signed by him and delivered it to the Returning Officer in person before the date fixed under clause (c) of sub-rule (1) of rule 5.

    (2) A notice may be given either by the candidate in person or by the proposer or seconder who has been authorised in this behalf in writing by candidate.

    (3) The Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawal of candidature and the identity of the person delivering it to him under sub-rule (1), cause the notice to be affixed in some conspicuous place in his office.

    (4) The notice of withdrawal once accepted by the Returning Officer shall be final.

  12. List of contesting...

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