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KSPC Rules

Untitled Document

KSPC RULES

Kerala Gazette No. 45 dates 14th November 1961
Part - I, Section IV Government of Kerala, Health and Labour (Health A)

Notification

In exercise of the powers conferred by section 46 of the Pharmacy Act, 1948 (Central Act 8 of 1948) the Government of Kerala hereby make the following rules, namely: -

The Kerala State Pharmacy Council Rules Preliminary

1.	These rules may be called the Kerala Pharmacy Council Rules, 1961.
2.	In these rules, unless there is anything repugnant in the subject or context,
		(a) "ACT" means the Pharmacy Act, 1948;
		(b) "FORM" means a form contained in the appendix to these rules;
		(c) "REGISTRAR" means the registrar appointed by the Council under section 26 of the Act;
		(d) "TREASURER" means the treasurer appointed by the Council under section 26 of the Act;
		(e) "MINISTERIAL STAFF" means the clerks and servants appointed by the Council under clause (b) of section 26 of the Act;
		(f) "PRESIDENT" means the president elected or nominated under section 23 of the Act;
		(g) "Infamous conduct" means violation of the code of ethics prescribed under these rules;
		(h) the words and expressions used in the Act and not defined in these rules shall have the meaning assigned to them in the Act.
3.	The Office of the Council shall be situated at Trivandrum

Part - I

Mode of Election

4.	In the case of nominated members, the PRESIDENT shall inform the State Government of the vacancy, requesting them to fill; the same.
5.	In the case of first election under clause (a) of section 19 of the Act the Registrar of the Registration Tribunal shall act as the Returning Officer. In all other subsequent elections under the above said section, the President or any other person authorized by him in this behalf shall be the Returning Officer and such Returning Officer shall sometimes not less than forty-two days, nor more than sixty days before the day on which the term of office of such members is due to expire and as soon as conveniently may be after the occurrence of any vacancy arising from death or in any manner as set forth in sub - section (2) or (3) of section 25 of the Act, issue his precept to the electorate concerned and publish in the Gazette notice inviting in Form 'A' in the Appendix the submission of nominations.
6.	(1)	The COUNCIL shall appoint and shall notify in the Kerala Gazette and in such other manners as it thinks fit such suitable date for each of the following stages of the election namely:
			(a) last day for nomination;
			(b) scrutiny of nomination papers;
			(c) the sending of voting papers under clause 11 of rule 7;
			(d) the last day for receiving voting papers and the day for the counting of the votes,
(2)		The last day for nomination shall be at least 40 days before the day fixed for the counting of votes. The day for scrutiny of nominations shall be the third day from the last day for nomination counting the last day for nomination as the first day for the purpose.
7.	The following shall be the procedure adopted for filling up vacancies by election
(1)		The electoral roll shall be prepared by the Registrar from the register and shall contain the name, qualifications and addresses of every person qualified to vote for the election of a member to fill up the vacancy or vacancies.
(2)		Copies of the electoral roll shall be made available for sale at a price not exceeding Rs.3 to be fixed by the President.
(3)		Candidate qualified for election must be proposed and seconded by persons qualified as electors. The nomination paper should be in Form B. No elector shall propose or second the nomination of more persons than are required to fill up the vacancy or vacancies. Provided that if more nominations than are required to fill up the vacancy or vacancies be subscribed by the same elector, all nominations subscribed by him shall be held to be void.
(4)		The candidate shall sign the nomination paper declaring that he is willing to serve on the Council, if elected, failing which the nomination paper shall be invalid.
(5)		Every candidate shall, along with the proposal for nomination, deposit with the Returning Officer a sum of Rs.100 in cash and he shall not be deemed to be duly nominated unless the said deposit has been made. The deposit shall be forfeited to the Council if the candidate is not elected and the number of votes recorded in his favour is less than one - eighth of the total number of votes recorded. The said deposit shall be returned if it is not forfeited under this sub - rule.
(6)		Every Proposal for nomination shall be in writing and shall be signed by the proposer and seconder and sent by post or otherwise, so as to reach the Returning Officer, on or before the date appointed in that behalf, which date shall be not less than 30 days before the date appointed for the poll.
(7)		Returning Officer shall commence scrutiny on the day fixed for the scrutiny of nomination papers received by him at a place appointed by the President on that date at 12 O'clock in the Noon. Any candidate may be present either in person or by an accredited representative at the time of such scrutiny. On completion of the scrutiny of nominations and after the expiry of the period within which candidature may be with drawn under clause (8) of this rule, the Returning Officer shall forthwith declare the names of the candidates whose nomination papers are held valid by him.
(8)		Any candidate may withdraw his candidature by notice in writing signed by him up to 12 O' clock on the fifth day from the last day for nomination, counting that day as the first day. Such notice shall not be valid, unless it is delivered to the Returning Officer, or sent to him by post or otherwise and received by the Returning Officer, before the time and the date appointed by the president for such purpose.
(9)		If in case of any election the number of candidates duly nominated does not exceed the number required to fill up the vacancy or vacancies, the Returning Officer shall declare such candidates to be elected.
(10)		If more candidates than are necessary to fill up the vacancy or vacancies be nominated, the Returning Officer shall forthwith publish their names and address in the Gazette and otherwise as the Council shall deem fit, and shall further cause their names to be entered in voting papers in the form as laid down in Form 'C'.
(11)		Twenty - one days before such date as may be appointed by the Council in this behalf, the Returning Officer shall send by "Registered Post" (Substitute on 09/11/1994, vide No. 33709/G2/93/H&FWD, dated, 09/11/1994) to each elector one such voting paper bearing the official mark of the Returning Officer and an identification envelope on which a declaration as per Form 'D' is printed and a bigger cover on which are printed on the left top corner the serial alphabetical number and the name and the signature columns at the lower left corner and the address of the Returning Officer printed as under.

	To The Returning Officer, Kerala State Pharmacy Council Office, Trivandrum.
(12)		An elector who has not received his voting paper and other connected papers sent by post or whose papers, before they are dispatched back to the Returning Officer have been inadvertently spoiled in such manner that they cannot be conveniently used, or who has lost his papers, may on his transmitting to the Returning Officer a declaration to the effect signed by himself, require the Returning Officer to send him duplicate papers in place of those not received, spoilt, or lost and if the papers have been spoilt, the spoilt papers shall be returned to the Returning Officer who shall cancel them on receipt. In every case when duplicate papers are issued, a record thereof shall be kept by the Returning Officer and a mark "Duplicate" shall be placed on the bigger cover, which will bear the same serial alphabetical number as was originally given to the said elector. The voting papers issued in such cases shall also be marked "Duplicate".
(13)		Before the date appoint by the Council in this behalf every elector desirous of voting, shall send his voting paper duly filled in to the Returning Officer, and the Returning Officer shall keep the same collected in sealed boxes. Provided that the voting papers which are not received by the Returning Officer before 12 noon on the date appointed for the counting of votes or which do not in any way conform to these rules shall be rejected.
(14)		The President shall nominate as scrutinizers such number of members of the Council not exceeding four as he thinks fit.
(15)		The Returning Officer shall attend for the purpose of counting the votes on such date and at such time and place as may be appointed by the President in this behalf. Any candidate may be present in person or by his accredited representative at the time of counting of votes.
(16)		When the counting of the votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates, as the case may be, to whom the largest number of votes has been given to be elected and shall forthwith inform the successful candidate by letter of his having been elected to the Council. If any candidate declared to have been elected has withdrawn from the election, or refuses to accept a seat on the Council after election then one of the remaining candidates to whom the next largest number of votes has been given shall be declared to have been elected in the manner prescribed above in the place of the withdrawing candidates, and the same procedure shall be followed if further vacancies are caused by withdrawal or refusal of a candidate to accept a seat on the Council.
(17)		When an equality of votes is found to exist between any candidates and the addition of a vote will entitle any of the candidates to be declared elected, the determination of the person to whom such one additional vote shall be deemed to have been given shall be made by lot to be drawn by the Returning Officer, and in such manner as the PRESIDENT or the person authorized by him in this behalf may determine.
(18)		Upon the completion of the counting and after the result has been declared by him the Returning Officer shall seal up the voting papers and all other documents relating to the election and shall retain the same in safe custody for a period of six months and thereafter cause them to be destroyed.
(19)		The Returning Officer shall inform the President of the result of the election.
(20)		If any question arises as to intention construction or application of this rule or regarding any election, the Council shall refer such question to the Government whose decision shall be final. A petition questioning the validity of an election to the council shall be sent to the Council within one month of the date of declaration of the result of the election and the Council shall refer such petition, under section 24 of the Act to the Government within two months of the said date for the decision of the Government thereon.
8.	(1)	At the meeting called for electing the President and the Vice - President of the Council, the members present shall elect from amongst themselves a temporary chairman, by ballot if necessary, to be taken by the Registrar for the meeting. Such Chairman shall preside over the meeting until the President of the Council has been elected.
(2)		It shall be competent for any member of the Council to 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 be elected as President. If more than one member has been so nominated, the Council shall proceed to elect the President by ballot.
(3)		Where more than two candidates have been nominated and at the first ballot one candidate obtains more votes than the aggregate votes obtained by the other candidates, the candidates who has obtained the smallest number of votes shall be excluded from the election and balloting shall proceed, the candidate obtaining the smallest number of votes at each ballot being excluded from the election until one candidate obtains more votes than the remaining candidate or than the aggregate votes of the remaining candidates, as the case may be. The candidate, who obtains more votes than those obtained by the remaining candidate or than aggregate votes obtained by the remaining candidates as the case may be, shall be declared to have been elected as President.
(4)		Where at any ballot any two or more candidates obtain an equal number of votes and one of them has to be excluded from the election under sub - rule (3), the determination of the candidates who is to be excluded as between the candidates whose votes are equal, shall be by drawing of lots.
9.	The President having been elected will take the chair and the members will proceed to elect a Vice - President, the procedure laid down in rule 8 being followed except that in the case of equality of votes, the President shall have a casting vote.
10.	Election of a member by the Medical Council of Kerala, under clause (c) of Section 19 of the Act shall be conducted at a meeting of the Medical Council of Kerala in accordance with the regulations of that Council.
11.	After the declaration of the election of any member and when the President himself is not the Returning Officer, after the receipt by him of notice of such election from the Returning Officer, the PRESIDENT shall inform the State Government of the same for publication in the Gazette. The notification of the election of a member shall be read by the PRESIDENT and he shall then be introduced to the meeting by an existing member of the Council. The above procedure shall be adopted also in the case of a member nominated to the Council.