Uttar Pradesh Participatory Irrigation Management (First Amendment) Rules, 2014

16 '3ffi m ~ lj"\jfc. 3 ~. 2014 IN pursuanc~ of the provisions of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to order the publication of the following English translation of notification no. 1762/XIV-27-Si.-4-67(W)-96 T.C.-1, dated Septem~er 3, 2014: No. 17~/XIV-27-Si.-4-67(W)-96 T.C.-1 Dated Lucknow, September 3, 2014 IN exercise of the powers under section 5 I of the Uttar Pradesh Participatory Irrigation Management Act, 2009 (UP Act no. 4 of 2009), the Governor is pleased to make the following rules with a view to amending the Uttar Pradesh Participatory Irrigation Management Rules, 2010. Shon title and Commencement Amendment of rule 5 · Amendment of rule 7 r THE lITTAR PRADESH PARTICIPATORY IRRIGATION MANAGEMENT (FIRST AMENDMENT) RULES, 2014 I. (I) These rules may be called the Uttar Pradesh Participatory Irrigation . Management (First Amendment) Rules, 2014. (2) They shall come into force with effe<;t from the date of their pubtication in the Gazette. 2. In the Uttar Pradesh Participatory Irrigation Management rules 2010, hereinafter referred to as the said rules, in rule 5 for sub-rule (I) set out in Column I below the sub-rule set out in Column in II shall be substituted namely: COLUMN-I . Existing sub-rules ( I) A kulaba command shall be divided in six sub-commands having approximately equal number of land holders. COLUMN-II Sub-rule as hereby substituted (I) A kulaba command shall be divided in six sub-commands having approximately ·equal number of land holders provided that where there are less than six land-holders in a kulaba command such. kulaba command shall be divided into such kulaba sub commands as the number of land holders therein. 3. In the said rules, in rule 7 for sub-rule (4) set out in Column I below the sub rule as set out in Column II shall be substituted namely: COLIJMN-1 Existing sub-rules (4) If there is no representation of persons belonging to the Scheduled Castes or Scheduled Tribes or of women or panchayats of appropriate level Le. village panchayat situated at the tail end of alpika, in the managing committee, then one person against each unrepresented category shall be co-opted by the managing committee from amongst the members of the general body or panchayats of appropriate level i.e. village panchayat situated at ·the tail end of alpika as the case may be. COLUMN-II Sub-rule as hereby substituted (4) If there is no representation of persons belonging to the Scheduled Castes or Scheduled Tribes or of women or panchayats of appropriate level i.e. gram panchayat situated at the · tail end of alpika, in the managing committee, then · one person against each unrepresented category shall be co-opted by the managing committee till the end of one month from the date of declaration of results of rajwaha samiti from amongst the members of the general body or panchayats of appropriate level i.e. gram panchayat situated at the tail end of alpika as the case may be. D:\Smchai\293 RPH Eng.d1>e-d:11a-2 ' \ , , mR m ~ Tfvlc, 3 ~. 2014 4. In the said rules, in rule 9 for sub-rule (4) set out in Column I below the sub-rule as set out in Column II shall be substituted namely: COLUMN-1 COLUMN-Il Existing sub-rules ( 4) If there is no representation of persons belonging to the Scheduled Castes or Scheduled Tribes or of women or panchayats of appropriate level i.e. ks.hetra panchayat situated at the tail end of rajwaha, in the managing committee, then one person against each unrepresented category shall be co-opted by the managing committee from amongst the members of the general body or panchayats of appropriate level i.e. kshetra panchayat situated at the tail end of raj waha as the case may be. Sub-rule as hereby substituted ( 4) If there is no representation of persons belonging to the Scheduled Castes or Scheduled Tribes or of women or panchayats of appropriate level i.e. kshetra panchayat situated at the tail end of rajwaha, in the managing committee, then one person against each unrepresented category shall be co-opted by the managing committee till the end of one month from the date of declaration of results of rajwaha samiti from amongst the members of the general body or panchayats of appropriate level i.e. kshetra panchayat situated at the tail end of rajwaha as the case may be. Amendment of Rule9 5. In the said rules, in rule 11 for sub-rule (4) set out in Column I below the .-Amendment of sub-rule as set out in Column II shall be substituted namely : COLUMN-I COLUMN-II Existing sub-rules ( 4) If there is no representation of persons belonging to the Scheduled Castes or Scheauled Tribes or of women or panchayats of appropriate level i.e. Jila panchayat situated at the tail end of shakha, in the managing committee, then one person against each unrepresented category shall be co-opted by the managing committee from amongst the members of the general body or panchayats of appropriate level i.e. Jila panchayat situated at the tail end of shakha as the case may be. Sub-rule as hereby substituted ( 4) If there is no representation of persons belonging to the Scheduled Castes or Scheduled Tribes or of women or panchayats of appropriate level i.e. Jila panchayat situated at the tail end of shakha, in the managing committee, then one person against each unrepresented category shall be co-opted by the managing committee till the end of one month from the date of declaration of results of shakha samiti from amongst the members of the general body or panchayats of appropriate level i.e. Jila panchayat situated at the tail end of shakha as the case may be. 6. In the said rules, in rule 22 for sub-rule (I) set out in column I below the sub-rule as set out in column II shall be substituted namely: COLUMN-I Existing sub-rules (I) In a meeting of general body at kulaba, alpika, rajwaha or shakha level, the quorum shall be I/5th of the total number of members of the general body present and voting. D:\Sinchai\293 RPH Eng.doc-data-2 COLUMN-II Sub-rule as hereby substituted (1) One fifth of the total numbers of members of the general body shall form the quorum in a meeting of the general body of kulaba, alpika, rajwaha or shakha level. Ruic 11 Amendment of Rule 22 17 18 Amendment of rule 29 Artlcndment of rule 40 Amendment of Anocxure A '3m ~ 3ffiT'cITTUT Tfufc, 3 ~. 2014 7. In the said rules, in rule 29 for sub-rule (I) set out in Column I below the sub-rule as set out in Column II shall be substituted namely :- · COLUMN-I COLUMN-II Existing sub-rules (I) The distributary level water users' association shall enter mto an agreement with the Irrigation Department in accordance with Annexure A for the bulk supply of water and related issues : Provided that unless a distributary level water us· .rs' association is constituted. the al,>ika samiti shall be deemed to be the distributary level water users' association. Sub-rule as hereby substituted (I) The distributary level water users' association shall enter into an agreement with the Irrigation Department in accordance with Annexure A for the bulk supply of water and related issues : Provided that unless a distributary level water users' assoc1at1on is constituted, the alpika samiti shall be deemed to be the distributary level water users' association. The agreement between deemed distributary level water users' association and irrigation department shall deemed to be terminated on the date at which a new agreement between newly constituted distributary level water users' association and irrigation department is made. 8. In the said rules, in rule 40 for sub-rule (v) set out in Column I below the sub rule as set out in Column II shall be substituted namely: COLUMN-I COLUMN-II Existing sub-rules (v) to maintam journal register in . form 19. Sub-rule as hereby substituted (v) to maintain general register in Form 19. 9. In the said rules. in Anne11.ure A, in the Agreement,-(a) for clause (7) set out in Column I below the clause as set out in Column II shall be substituted namely: COLUMN-1 COLUMN-II Existing Clause (7) that the first party shall provide a copy of roster and supply water at the supply point in accordance with the roster to the second party. Clause as hereby substituted (7) that the first party shall provide a copy of roster or regulation order as amended from time to time and supply water at the supply point in accordance with the roster or upto date regulation order to the second party. (b)for clause (15) set out in Column I below the clause as set out in Column II shall be substituted namely: COLUMN-1 COLUMN-II Existing Clause ( 15) that the second party shall open an account in a scheduled bank or post office in its name. Funds obtained from the Government shall be deposited into the said account. The account shall be operated jointly by the Competent Canal Officer and the Treasurer , of the second party. The cash book, cheque book and accounts of expenditure with appropriate vouchers and receipts shall be maintained by the Treasurer of the second party. Clause as hereby substituted ( 15) that the second party shall open an account in a scheduled bank or post office i iLS name. Funds obtained from the r.,uvernment shall be deposited into the said account. The account shall be operated jointly by the Competent Canal Officer and the Treasurer of the second party. The cash book, cheque book and accounts of expenditure with appropriate vouchers and receipts shall be maintai11ed by the Treasurer of the second party. The funds from this account may be transferred to such account which is jointly operated by secretary and treasurer of the second party. D:\Sincha1~93 RPH Eng.doc-da1a 2 l \1tR m 3IBlURUT TfG!c. 3 ~- 2014 I 0. In the said rules, in Annexure B, in the kgreement,- (a) for clause (6) set out in Column I below the clause as set out in Column 11 shall be substituted: COLUMN-I Existing Clause (6) that the first party shall provide a copy of roster and supply water at the supply point in accordance with the roster to the second 1Jarty. COLUMN-II Clause as hereby substituted (6) that the first party shall provide a copy of roster or regulation order as amended from time to time and supply water at the supply point in accordance with the roster or upto date regulation order to the second party. (b) for clause (13) set out in Column I below the clause as set out in Column II shall be substituted namely: COLUMN-1 COLUMN-II Existing Clause ( 13) that the second party shall open an account in a scheduled bank or post office in its name. Funds obtained from the Government shall be deposited into the said account. The account shall be operated jointly by the Competent Canal Officer and the Treasurer of the second party. The cash book, cheque book and accounts 01 expenditure with appropriate vouchers and receipts shall be maintained by the Treasurer of the second party. Clause as hereby substituted (I 3) that the second party shall open an account in a scheduled bank or post office in its name. Funds obtained from the Government shall be depos.ited into the said account. The account shall be operated jointly by the Competent Canal Officer and the Treasurer of the second party. The cash book, cheque book and accounts of expenditure with appropriate vouchers and receipts shall be maintained. by the Treasurer of the second party. The funds from this account may be transferred to such account which is jointly operated by secre.tary and u·easurer of the second party. 1 I. In the said rules, in Annexure C,-(a) for clause 4 set out in Column I below the clause as set out in Column II shall be substituted: COLUMN-I COLUMN-II Exi:wng Clause 4. The Election Officer shall appoint the following officer for the purpose of conducting elections of water users' association: (a) The Returning Officer who shall be an Executive Engineer: (b) The Assistant Returning Officer who shall be an Assistant Engineer or Deputy Revenue Officer; ( c) The Sector Magistrate who shall be an Assistant Engineer or Deputy revenue officer or Junior engineer or Ziledar; (d) The Presiding Officer who shall be a Senior Clerk or Seenchparvekshak; (e) The Polling Officer who shall be a Seenchpal or Junior Clerk or fourth class employee of the division. D:\Sinchai\293 RPI! Eng.doc-dala-2 Clause as hereby s.ubstituted 4.( I) The Election Officer shall appoint the following officer for the purpose of conducting elections of water users' association:~ (a) The Divisional Election Officer who shall be an Executive Engineer of the irrigatioQ department (b) The Returning Officer who shall be an Executive Engineer of the irrigation department. (c) The Electoral Registration Officer who shall be an Executive Engineer of the irrigation department. (2) The Divisional Election Officer shall appoint the following officers for the purpose of conducting elections of water users' association: (a) Assistant Returning Officer and Sector Magistrate who shall be a Government employee not below the rank of Junior engineer of the irrigation departqient; Amendment of Anncxure B AmendmenL of AnncxureC 19 20 ~ mr 3ffiTtITT1JT lf'1!c. 3 ~. 2014 COLUMN-I COLUMN-II Existing Clause Clause as hereby substituted (b) Presiding Officer and polling Officer. who shall be the Government employee not below the rank of Seenchpal of the irrigation departmen. (b) for clause 7 set out in Column I below the clause as set out in Column II I shall be substituted namely: COLUMN-1 COLUMN-II V Existing Clause 7. The Election Officer may take necessary actions for deployment of employees of the department other than irrigation department as Sector Magistrate, Presiding Officer, polling officer, vehicle, if he thinks necessary for the purpose of conducting election in transparent and fare manner. The concerne,d District Magistrate shall provide all kind of assistant to the election officer for the conduct of transparent and fare election. Clause as hereby substituted 7. The Election Officer shall take necessary actions for the arrangement of polling premises, vehicle and deployment of employees of the State Government as Sector Magistrate, Presiding Officer, polling officer if he thinks necessary for the purpose of conducting election in transparent and fair manner. The concerned District Magistrate shall provide all kind of assistance to the Divisional Election Officer for the conduct of transparent and fair election. (c) for clause 12 set out in Column I below the clause as set out in Column II shall be substituted namely: COLUMN-1 COLUMN-II Existing Clause 12. Any alteration or correction desired by land holders in electoral roll of kulaba sub-command shall be made within · 15 days of its publication. Clause as hereby substituted 12. Any alteration or correction desired by land holders in electoral roll of kulaba sub command shall be made within 30 days of its publication. (d) for clause 13 set out in Column I below the clause as set out in Column II shall be substituted namely: COLL,MN-1 COLUMN-II Existing Clause 13. All valid alteration or corrections shall be incorporated in the electoral roll of kulaba sub-command and shall finally be published by Returning Officer with prior approval of Election officer. Clause as hereby substituted 13. All valid alteration or corrections shall be incorporated in the electoral roll of kulaba sub-command and shall be published by Electoral Registration Officer. (e) for clause 18 set out in Column I below the clause as set out in Column II shall be substituted namely: COLUMN-1 COLUMN-II Existing Clause 18. On the issue of the notice under rule 16 the Deputy Election Officer shall give public notice for the election of water users' association in Hindi language by affixing notice at conspicuous places of the local area concerned. Clause as hereby substituted 18. On the issue of the notice under rule 16 the Divisional Election Officer shall give public notice for the election of water users' association in Hindi language by affixing notice at conspicuous places of the local area concerned. O:\Si1k:hi1i\293 RPH Eng.dtll'·dala-2 '3'nx m 3IBltfRUT l'j\jfc, 3 ~. 2014 '(f) for clause 21 set out in Column I below the clause as set out in Cslumn II shall be substitured namely: COLUMN-1 Existing Clause 21 . Counting shall be commenced on the date fixed by the Deputy Election Officer at the divisional office and results shall be declared accordingly by the Returning Officer. COLUMN-II Clause as hereby substituted 21. Couflting shall be commenced at such place or places as may be decided by the Deputy Election Officer and results shall be declared accordingly by the Returning Officer. (g) for clause 26 set out in Column I below the clause as set out in Column ~I shall be substituted namely: COLUMN-1 COLUMN-II Existing Clause 26. A candidate shall not be deemed to be duly nominated for election of office of the members of managing committee unless he has deposited or cause to be deposited as security deposit to the Returning Officer or Assis!ant Returning Officer in cash at the time of submission of nomination paper. The security deposit shall be as: (i) for the Member of managing committ'ee of Kulaba Samiti Rs. 1000. (ii) for the Member of managing committee of Alpika Samiti Rs. 1500. (iii) for the Member for managing t:ommittee of Distributary Samiti Rs. 2000. (iv) for the Member of managing committee of Branch- Rs.2500. Clause as hereby substituted 26. A candidate shall not be deemed to be duly nominated for election of office of the members of managing committee unless he has deposited or cause to be deposited as security deposit to the Returning Officer or Assistant Returning Officer in cash at the time of submission of nomination paper. The security deposit shall be as: (i) for the Member of managing committee of Kulaba Samiti Rs. 200. (ii) for the Member of managing committee of Alpika Samiti Rs. 1000. (iii) for the Member for managing committee of Distributary Samiti- Rs. 2000. (iv) for the Member of managing committee of Branch-Rs.2500. Such security deposits shall be The amount of Such security reduced to 25% for candidates deposits shall be 25% for candidates belonging to the Scheduled Castes or belonging to the Scheduled Castes or Scheduled Tribes or person of below Scheduled Tribes or person of below . poverty line. poverty line (h) for clause 33 set out in Column I below the clause as set out in Column II shall be substituted namely: COLUMN-1 COLUMN-II Existing Clause 33. The Returning officer · shall examine the nomination papers and decide on all the objections which may be made to any nomination and may either on such objection or on his own notion after summary enquiry as he thinks necessary, reject any nomination on any of the following grounds: D:\Sinchai\293 RPH Eng.doc-data-2 Clause as hereby substituted 33. ihe Returning Officer or the Assistant R~turning Officer . as the case may be shall then examine the nomination papers and shall decide on all the objections which may be made to any nomination and may either on such objection or on his own notion after summary enquiry as he thinks necessary, reject. any · nomination on any of the following grounds: ', 21 22 ~ ~ 3R'fT'c1RUT lJvfc, 3 ~. 2014 . (i) for cluase 34 set out in Column I below the clause as set out in Column II shall be substituted namely. COLUMN-I COLUMN-II Existing Clause 34. Returning officer shall endorse on such nomination paper his decision of accepting or rejecting the · same and if the nomination paper is rejected, he shall record it in writing giving brief statement of his reasons for such rejection . . Clause as hereby substituted 34. Returning officer or Assistant Returning Officer as the case may be shall endorse on such nomination paper his decision of accepting or rejecting the same and if the nomination paper is rejected, he shall record it in writing giving brief statement of his reasons for such rejection. (i) for clause 35 set out in Column I below the cluase as set out in Column II shall be substituted: COLUMN-I COLUMN-II Existing Clause 35. Immediately after all nomination have been scrutinized and decision regarding accepting or rejecting the same have been recorded, the Returning officer shall prepare a list of valid nominated candidates and affix it on the notice board in FormE4. Clause as hereby substituted 35. Immediately after all nomination have been scrutinized and decision regarding accepting or rejecting the same have been recorded, the Returning Officer or Assistant Returning Officer as the case may be shall prepare a list of valid nominated candidates and affix it on the notice board in Form E4. (k) for clause 36 set out in Column I below the clause as set out in Column II shall be substituted namely: COLUMN-I COLUMN-II Existing Clause 36. A candidate may withdraw his candidature by giving a notice in Form ES to the Returning or Assistant returning officer at any time after the submission of nomination paper and not later than 5:00 PM of the third day succeeding the day appointed for scrutiny of the nomination. Clause as hereby substituted 36. A candidate may withdraw his candidature by giving a notice in Form E5 to the Returning Officer or the Assistant Returning Officer. (L) for clause 38 set out in Column I below the. cluase as set out in Column II shall be substituted namely: COLUMN-I Existing Clause 38. A candidate who has withdrawn his nomination, his security deposits shall be to him immediately. COLUMN-II Clause as hereby substituted 38. A candidate who has withdrawn his nomination, his security deposits ~nail be returned to him immediately. (m) for clause 40 set out in Column I below the clause as set out in Column II shal: be substituted namely: COLUMN-1 COLUMN-II Existing Clause 40. If poll is found to be necessary, the Deputy Election Officer shall a~sign to each candidate a distinctive symbol. Clause as hereby substituted 40. If poll is found to be necessary, the Returning Officer or Assistant Returning Officer as the case may be shall assign to each candidate a distinctive symbol as decided by the Chief Election Officer. D:1Smchaa\193 RPH F.11~.doc-data-2 ·- \1TR mr 3IBJmxoT l"fvlc. 3 ~. 2014 (n) for clause 43 set out in Column I below the clause as set out in Column II shall be substituted namely: COLUMN-1 COLUMN-II Existing Clause 43. If there is only one validly nominated candidate. The Deputy Election Officer shall forthwith declare such candidate as duly elected and send the same to the Election officer. Clause as hereby substituted 43. If there is only one validly nominated candidate. The Divisional Election Officer shall forthwith declare such candidate as duly elected and sen9 the same to the Deputy Election Officer and Election officer. · The Security deposit of such candidate shall be returned to him immediately. (o)for clause 47 set out in Column I below the clause as set out in Column II shall be substiruted namcly: COLUMN-1 £xi.wing Clause 4 7. Where the election is to be conducted. the Deputy Election Officer shall forthwith appoint one presiding officer at each polling station. He shall also provide, for each presiding officer, such number of polling officer as may be necessary. He may also appoint some identifying officer. COLUMN-II Clause as hereby substituted 47. Where the election is to be conducted, the Divisional Election Officer shall forthwith appoint one presiding officer at each polling station. He shall also provide, for each presiding officer, such number of polling officer as may be necessary. He may also appoint some identifying officer. (p) for clause 5 lset out in Column I below the rule as set out in Column II shall be substituted namely: COLUMN-I Existing Clause 5 1 . Presiding officer shall provide at each polling station sufficient number of ballot boxes, together with copies of the electoral roll and such other papers and articles necessary °for election to mark the ballot paper stationary and Forms as may be necessary. COLUMN-II Clause as hereby substituted 5 I . Divisional Election Officer shall provide at each polling station sufficient number of ballot boxes, together with copies of the electoral roll and such other papers and articles necessary for election to mark the ballot paper stationary and Forms as may be necessary. (q) for clause 78 set out in Column I below lhe clause as set out in Column II shall be substituted namely: COLUMN-I Existing Clause 78. The election Otlicer shall make adcquale arrangcn1ents for the safe transport of all ballot boxes, packets and other·papers and for their safe custody until commencement of the counting of votes. D:\Sillchai\293 RPH l:ng.doc-data-2 COLUMN-II Clause as hereby substitwed 78. The Divisional Election Officer shall make adequate arrangements for the safe transport of all ballot boxes, packets and other papers and for their safe custody until commencement of the counting of votes. 23 24 \YC'R ~ ~ Tfulc, 3 ~' 2014 (r) for cJause 79 set out in Column I below the clause as set out in Column II shall be substituted: COLUMN-I COLUMN-II Existing Clause 79. The Retuning Officer shall, at least three days before the date of counting fixed the time and place or places where the counting of votes will be done and shall give notice of the same in writing to each candidate or his election agent. Votes shall be counted under the supervision of the Returning Officer, · The Returning Officer shall appoint such number of counting assistants as may be necessary to assist him in counting of votes. Each candidate, election agent of each candidate, and one representative of each candidate authorized in writing by the candidate shall have a right to be present except sucl~ person or persons as the Returning Officer may appoint · to assist him in counting of votes. No person shall be appointed to assi'st in counting the votes who has been employed by or on behalf of any candidate or any person whatsoever connected with the election of a candidate. Clause as hereby substituted 79. The Retuning Officer shall, at least three days before the date of counting shall issue notice about date, time and place/places fixed for the counting in writing to each candidate or his election agent. Votes shall be counted under the supervision of the Returning Officer. The Returning Officer shall appoint such number of counting assistants as may be necessary to assist him in counting of votes. Each candidate, election agent of each candidate, and one representative of each candidate authorized in writing by the candidate shall have a right to be present except such person or persons as the Returning Officer may appoint to assist him in counting of votes. No person shall be appointed to assist in counting the votes who has been employed by or on behalf of any candidate or any ·person whatsoever connected with the election of a candidate. (s) for clause 105 set out in Column I below the clause as set out in Column II shall be substituted namely: COLUMN-1 COLUMN-II Existing Clause 105. The Remrning officer shall publish on n)tice board in the office of the water users' associations concerned a notification signed by him stating the name the candidate duly elected. Clause as hereby substituted I 05. The Divisional Election otlicer shall publish a notification on notice board in sigl}ed by him his office stating the name the candidate duly elected. (t) for clause 106 set out in Column I below the clause as set out in Column II shall be substituted namely: COLUMN-1 , COLUMN-II Existing Clause 106. The Deputy Election Officer shall, after declaring the results forward a copy of the results to the Election Officer concerned and shall hand over the packets of ballot papers, whether counted, rejected. These packets shall not be opened and their contents shall not be inspected or produced except under the orders of the Election Officer to decide election disputes. Clause as hereby substituted I 06. The Deputy Election Officer shall, forward a copy of the results to the Election Officer and issue the direction that these pac.kets shall not be opened and their contents shall not be inspected or produced except under the orders of the Election Officer to decide election disputes. l ,. '3"'fR ~ 3ffiTtITTUT 'i\ilc, 3 ~. 2014 ( u) for clause I 07 set out in Column I below the clause as set out in Column II shall be substituted namely: COLUMN-1 COLUMN-II Existing Clause 107. The Election Officer shall retain packets and the marked copies of the voters' list for a year and shall then cause them to be destroyed when he deems fit. Clause as hereby substituted 107. The Divisional Election Officer shall retain packets and the marked copies of the voters' list for a year and shall then cause them to be destroyed in accordance with the direction given by the Election officer. 12. After clause I 09 of the Annexure-C, the following clause shall be inserted namely, ! JO. (I) The election of a member of a water users' association at any level shall be called in question by an application presented to the Divisional Election Officer of Irrigation Department within 90 days from the declaration of results on the . ground that (a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election, or (b) that the result of the election has been materially affected (i) by the improper acceptance or rejection of any nomination; or (ii) by failure to comply with the provisions of the Act or the rules framed thereunder. (2) The foll< >wing shall be deemed to be corrupt practices of bribery or undue influence for the purpos~s of this clause (a) Bribery, that is to say, any gift, offer or promise by a candidate or by any other person with the connivance of a candidate of any gratification to any person wliomsoever, with the object, directly or indirectly of inducing a person to stand or not to stand as, or withdraw from being a candidate at any election or an elector to vote or refrain from \ !)ling at an electioA; or as a reward to·· ( i) a person for having so stood or not stood or having withdrawn his candidature; or · (ii) an elector for having voted or refrained from voting. (b) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part cif a candidate or of any other person with the connivance of the candidate with the free exercise of any·electoral right: Provided that without prejudice to the generality of the provisions of this clause any such person as is referred to therein who (i) lhreate · any candidate, or any elector, or any person in whom a cam.Ill.ate or any elector is interestec', with injury of any kind including social ostr ... ctsm and ex-communication or expulsion from any cast or communiry r (ii i ~ ••1. >1 i ttempts to induce a candidate or an elector to beheve that he or any person in whom he is interested will become or will be rendered an object of divine displeasw-e or spiritual censure, shall be deemed to interfere with the free exercise of tlie electoral right of such· candidate or elector within the meaning of this clause. (3) The application under sub clause (I) may be presented by any candidate at the election or any elector and shall contain such particulars as may be decided by the Divisional Election Officer of Irrigation Department. D:\Sinchai\293 RPH Eng.doc-data-2 Insertion of New Clause 110 Elections disputes 25 · .. p 26 Amendment of Form El ~ m 3ffimRUI 101c, 3 ~. 2014 (4) (a) The Divisional Election Officer of Irrigation Department on receiving ... application under sub clause ( I) shatl (i) hear the applicant and may either reject the application or. (ii) set aside the election, or declare the election to be void or declare the applicant to be duly elected or may grant any other relief. (b) Any party aggrieved by an order of the Divisional Election Officer under sub clause (4) may, witttin thirty days from the date of the order, may file an appeal in the com~etent court. 13. In the said rules, for Form EI set out in column I below the Form as set out in column II shall be substituted namely: COLU"1N-I · Existing form FORME I [See dause 16 of the procedure for conducting election] COLUMN-II Form as hereby substituted FORME I [See clause 16 of Annexure C] NOTICE FOR THE ELECTION OF THE NOTICE FOR THE ELECTION OF MEMBER OF THE MANAGING THE MEMBER OF THE COMMITTEE OF THE WATER USERS' MANAGING COMMITTEE OF ASSOCIATION THE WATER USERS' ASSOCIATION in the division ............ . It is hereby notified that elections to the members of the managing committee of the Water · users' association at (level) ......•.•.•........ shall be conducted as per the following: (i) Nomination pre~<>n tr<l. (a) On (date) papers shall be (b) Time ••.• between •..... to ........ . hours (ii) Date of scrutiny of nomination papers (iii) Date of withdrawal of candidature (iv) Date of polling (v) Date o~· counting of votes (vi) Declaration and publication of results. Election Officer in the division ............ . Notice It is hereby notified that elections to the members of the managing committee of the Water users' association at (level) ..•................ shall be conducted on the dates mentioned as follows: Submission of nomination paper On ..... to ••. (Date) (Time) Scrutiny of nomination papers On .... to .. . (Date) (Time) Allotment of symbol On ......• to ........ . (Date) (Time) Withdrawal of candidature On ..•.... to •....• (Date) (Time) Date of polling On ......... to ..... . (Date) (Time) Date of counting of votes On .... ... to ... . (Date) (Time) Declaration of results Election Officer D:\Sinchai\.."HJ3 RPH Eng doc-datJ 1 .... (. · i3m ~ ~ Tfvfc, 3 ftr~. 2014 ' •---" 14. In the said rules, for Form E2 set out in Column I below the Form as set out Amendment of Fonn E2 in Column II shall be substituted namely: COLUMN-I COLUMN-II Existing form FORM E2 [Sec rule 23 of the procedure for conducting election] Water users!' association NOMINATION PAPER I. Name of parent channel ............ . (alpika/rajwaha/shakha) 2. Name of channel. .... ....•.. (kulaba no./al pika/rajwaha/shakha) 3. Name of reach/sub~ command ...•........•. 4. Full name of the candidate S. Father's or husband's name 6. Serial number of candidate in the Electoral Roll 7. Age 8. Sex 9. Occupation and Address Candidate's Declaration I declare that I am eli1,>ible and willing to stand for election and my age as shown above is correct. Slr,nature of candidate This nomination paper was presented to me ---------------(person) at ( date and hour) Signature of the returning officer/assistant returning officer D:\Sinchai\293 RPH Eng.doc-data-2 ~ Form as hereby substituted FORME2 [Sec clause 23 of Annexure CJ Water users' association Serial no ..•.... ... .. NOMINATION PAPER 1. Name of parent channel ... ...•...•..... (alpika/rajwaha/shakha) · 2. Name of channel .•..... (kulaba . no./alpika/rajwaha/shakha) 3. Name of reach/sub-command ........•..••. 4. Full name of the candidate S. Category of candidate (SC/ST) 6. Father's or husband's name 7. Address of candidate 8. Serial number of candidate in the Electoral Roll 9. plot number of candidate in kulaba command 10. Age 11. Sex 12. · Occupation and Address Signature of candidate 13. Name of proposer 14. Father's name of proposer 15. Address of proposer Signature of proposer Candidate's Declaration I hereby declare that: • I am eligible and willing to stand for clcnion, • l\Iy age as shown aho,e is cm-rcct; • I am not a candidate from any other subcommand/reach; • I am eligible to be elected to an office of the gram panchayat. Signature of candidate This nomination paper was presented to me ---------(person) at ------( hour) on------------- (date) Signature of the returning officer/assistant returning officer Candidate's copy Serial no .. J.. Name of candidate 2. Name of parent channel 3. Name of channel/kulaba number 4. Name of reach/subcommand S. l)ate, time and place of scrutiny 6. Plot no of candidate 7. Serial no of candidate This nomination paper was presented to me (person) at -------( hour) ---- on----(date) Signature of the returning ollicer/ assistant returning officer 27 ,. 28 \TIR m 3ffil'i:ITT"UT "l"fvlc, 3 ~ , 2014 · Amendment of Form E3 15. In the said rules, for Form E3 set out in Column I below the Form as set out in Column II shall be substituted namely: COLUMN-1 Existing form FORME3 [See rule 33 of the procedure for conducting election] LIST OF NOMINATION RECEIVED ON .................... (DA TE) FOR THE MEMBERS OF MANAGING COMMITTEE OF ............ . SI.no. Name Father's Age Occupa- Voters List of of the Name lion & No. of nomina Candid Address Candi-date ·lion ate paper 1 2 3 4 5 6 7 H The nomination papers will be taken up for scrutiny at ........ AM/PM on .... the ....... date ......... at (Place) Date Place Signature of the Returning Officer/ Assistant Returning Officer COLUMN-II Form. as hereby substituted FORME3 [See rule 33 of the Annexure C] LIST OF NOMINATION RECEIVED ON .................... (DATE) FOR THE MEMBERS OF MANAGING COMMITTEE OF ............... . SI. no. Name Fat· Age Q:cu. Serial Name Reach c Cate· · of of the he(s pation nllll· of canal/ gory of OOTli· Can- Name & berol canaV kulaba cancl· nation cidate Add- can- kuaba sulxoo date paper ress cidate m.mber mand in number voter list 1 2 3 4 5 6 7 8 9 The nomination papers will be taken up for scrutiny at ..... AM/PM on .... the ....... date · ........ at (Place) Date Place Signature of the Returning Officer/ Assistant Returning Officer Amendment of Forni E4 1'6. In the said rules, for Form E4 set out in Column I below the Form as set out in Cnlumn JI shall be substifllted namely: COLUMN-I Existing form FORME4 [Sec rule 37 of the procedure for conducting election] LIST OF VALIDLY NOMINATED CANDIDATES Name of division ........................... . Election to the Member of the managing committee of .. : .............. . St. No. Name of Name of Reach/ Name ot' L\ddress ol Allotted parent channel/ Sub- candidate the channel kulaba command candidate number I 2 3 4 5 C 6 I. .. Returning Officer D:\Sinch.11\:?tJ3 RPH Eng.d<>e-data-2 COLUMN-II Form as hereby substituted FORM E4 [See rule 37 of the Annexure C] LIST OF VALIDLY NOMINATED CANDIDA TES Name of division ......................... y. Election to the Member of the managing committee of SI.No. N.tn\e of Name of Reach Name ,\dd Allotted tJarent channel/ /Sub· ol' rcss ol' channel kulaba command cand· the number idate cand· idatc . I 2 3 4 5 6 I. I Cate-I gory 01 , cand idate 7 Returning Officer/Assistant Returning Ofticer ) ' '\ ( I '3W m ~ TJ\ilc. 3 ~- 2014 17. In the said rules, for Form ES set out in Column I below the Form as set out in Column II shall be substituted namely: COLUMN-1 COLUMN-II Existing form FORM E5 [See rule 38 of the procedure for conducting election] To, NOTICE OF WITHDRAW AL Election to the member of the Managing Committee of The Returning oflicer, I ............................. a candidate validly nominated at the above election do hereby give notice that I withdraw my candidature. Place Date Signature of candidate This notice was delivered to me at my office at .........•... (hours) on ............. (date) by ................. (name) Date Returning Oflicer RECEIPT FOR NOTICE OF WITIIDRA WAL (To be-handed over to the persGn delivering the notice) This notice of withdrawal of candidature by ........... a candidate at the election to the member of the Managing Committee ........................ as delivered to me by the ..................... at my office at ....................... (hour) on ....................... (date) Date Returning Officer Form as hereby substituted FORM E5 [See rule 38 of the Annexure C] NOTICE OF WITHDRAW AL Election to the member of the Managing Committee of ..•.. •........ .. To, The Returning/ Assistant Returning officer, I. ........... S/o ..... resident of ..•......... is a validly nominated candidate for kulaba subcommand number/reach .... of kulaba number/canal •... off-taking from ..... in the above election do hereby give notice that I withdraw my candidature. Place Date Signature of candidate This notice was delivered to me at my office at ..... (hours) on .•.•.. (date) by ........ (name) Date Returning Officer/ Assistant Returning Officer RECEIPT FOR NOTICE OF WITHDRAWAL (To be-handed over to the person delivering the notice) This notice of withdrawal of candidature by ........... a candidate at the election to the member of the Managing Committee ........•. as delivered to me by the ........• at my office at ........... (hour) on ..........••. (date) Date Returning Officer / Assistant Returning Otlicer Amendment of Fonn E5 By order, DEEP AK SINGHAL, Pramukh Sachiv. 2.9 ' Sinchai A vam Jal Sansadhan Vibhag. lfto~o~oql'- ~oqto 293 ~ (t'go)-2014- (769)- 599 ~ (<15l9Pf~o/3WITTfc) 1 GlO~O~OGl- ~OQlO 3 ~o ~-2014-(770)-500 ~ (~/to/~) I D:\Smchai\293 RPH Eng.doc-data-2 J