Bare ActsThe Daman and Diu Municipalities Regulation 1994

Section 70

~rovisiori~iri regard to eetAnga of Council

Amendment status not verified — confirm the current text below against the official source.

~rovisiori~iri regard to eetAnga of Council. - " -'k.'~h& foll~wing provisions shall be obererved with y? rdspect to the meeting. of a Council: * .#.\Y (1) There shall be held six ordinary meetings , in each year for the disposal of general business, in , ' every alternate month coryencing from the month in i > a " - : ' whidh the first meeting of the Council under section '.." js 52 is held, and such other ordinary meetings a the ? I ? - . , President may find necessary. It shall be the duty < - * i of the President to fix the,dates foj all ordinary meetings and to call such meetings. s - -17. . ( 2 ) The Preaident may, whenever he thinks fit, and shall, upon the written request of not leas than gai 1 I-+: L, . one-forth of the total number of Coupcillors and on a '' '*%at& not later than fifteen days after the receipt of such request by the President, call a special fo 43.- (ieeting - a . . i: - , - - ( 3 ) . If the President fails to call a meeting within '"the period .pacified in qlause (1) or clause msd' (2); t h ~ Councillors rho had made a request for the '*' special meeting being called, nay reque~t the gUi9D' Dirticeor ' to call h special meeting. On receipt of s3?a? such request, tlie Director, or any officer whom he ~ n r v r may designate in this behalf, ehall call the special ' O meeting on a date within 'fifteen days from the date of receipt of such request bi the' Director. Such I c meeting shall1 be;preaided over b;y.'$he Director or the officer designated, but he shall have no right to vote. t3tTorfwur * . - I _ ""'85)44 ( 4 1 (a) ~evea' cl'dar da"ys,' notice of an ordinary 5sdokleeeting , and three clear d a ~ s " nqtke of a special meeting spkcifying the date, hour and place at which 3 oj .i.;i-,., rl...... -..A ysi T ; ~ . ~ ; .fa+ an$ ihe * . such mee~iiig : i'?" ::'*ransacted usiness to , b e ~. I .-. , i <T- thereat shall be served upon the ~ouncillors, and posted up at the municipal office. 'The hotice shall include any motion or proposition . , . # $ :<.. of which a Councillor, shall .have given written , '>otice, not less than ten clear days previous to the 7 , . .? ... . '- meeting, of hi= intention to bring forwa,rd thereat , . L" - n' --.and in the case of a sbecial meeting, apy motion or proposition mentioned in any written request made or such meeting; . . ,>.! 2' :2$)',! ?m*- (b) ' notwithstanding anything contained in sub-clause (a) in an emergency, for reasolrs to :;e . ., .? be recorded in writing, the President nay call Y r special meeting of the Council with only one day's notice served upon the Councillors and posted up at the municipal office. . .. ..9 .: i: ,.:s, :t,.\> ,,, . . s . . ( 5 ) Every meting of a coun'cil shall, except for ,,*, 1 I. reasons to be specified in the notice convening the ! . I C .meeting, be held in any of the buildings used as a :, L<, % ? i ,; municipal office by such Council. -- 2.ib:,i ( 6 ) Every meeting shall, in the absence of both the President and the Vice-President, be presided .over by kuch one of the Councillors present as may be - ; < .. . p - ' chosen by the meeting to ba'the Chairnan for the .:., .. I ,. occasion and such Chairman ihall exercise thereat the . . .."powers vestea in the President by clause (a) of sub- , 'section,(l) of section 59.. . .' ! > , . . ... ! .. . . ; ;(. ' ( 7 ) (a) The presiding authority shall preserve ' .: or8i~r at the'meeting. All points of order shall be .., I i . . "aeoided by the presiding authorLty with or without , , ~ 5 discussion as it may deem fit, and the decision of the presiding authority shall be final; 3' ... , : (b) (i) thi! prediding authority nay direct any Councillors whose conduct. is in its opinion . 'disorderly to withdraw immediately frqm the meeting . . of the Council and any Counci&lor so ordered to ':'withdraw shall' do aa forthwith a n d ' shall absent himself during the remainder of:ehe day's meeting: Provided that the 'presiding authority may ,withdraw such order on receiving an apology from the councillor or without auch 'apology; , :,+,! bz,.::, .. SC9111.:; (ii) i f any Councillor who has been order t o , . .. >.: , . ? " < withridraw continues t o ,repain i n the meeting, t h c .... resxding.,, authprity ,qay take auch steps a s it , . , . J 'I:.: ""' & y deem Pit"-%?;$$xse him t o b e removed. ,!';: 7s,:<.KAk::'Lt 1 ' ',?.'t: I,.. .?.1.. i ' .. ( '6 3 ( 8 ) , h e r y meeting s h a i l be open t o the public . t < . ' , ' . t h e ,, presiding authority considets t h a t 2 0 nquiry o r del$berat.ion pending before t h e ouncil should b& held i n ' p r i ~ a t e . , : '11 '3 Provided t h a t t h e presiding authority may a t , , q n y time cause. any person t o 'be removed who ., : " "-'i?kcrrupts the' proceedings ; v < , : . 4.. , .. . . . . (6i.' 1 , ., . . ( 9 ) (4) The q u o r G , necermary f o r the ' . .. . !'..dankactibn of business- . I . (i) a t an ordinary 'meeting s h a l i be pne- ! , . i i t h i r d of the t o t a l . number of Councillors ; % @; ;nr: r - . . - ... ,1L1 : r. . :!suli He,. (ii) a t a . special meeting shall be one- hal'f of t h e . .total number of Councillors ; . . . 13.' i ? -, > %-,:88, Provided t h a t i n computing t h e quorum, a fraction shall be ignored; ,. t . ' , . . . :: r: ..%' jin i j ' ',SF,, #.:& ~~. , + . ' . ~ X . . '." (b) jf it 'any t i m e dd'ing a meeting the . '".''presiding authoritp notices o r if it is brought 3 : , ..."f r -:.. ,i .: i - > t h e notice of t h e preniding authority t h a t 'the mumber of Councillors present including the presiding. authority f a l l s short of the quorum ..<, ,. l . . . . . It. ... .:. required, the presiding authority #hall a f t e r ':' 'baiting f o r .not 1q.s ,than f i f t e e n minutes and .-,d 1.: <.,, ia > : Q ? , -, .-.- I,. * A. ., .. . ,not more than '.thirty minute. adjourn the *. * 'ineetinq to such hour on the following o r : it,. Ci:;.-:b bone o t h e r f u t u r e day a s it may reasonably f i x . ' A notice of such adjournment shall be , +. ... , ,- 1 . . .. ,.33'.,. . . posted up . a t t h e .municipal o f f i c e and t h e Y%usine(rs. 'bhich w6uld , have been brought : R f ;. before',' the original meeting, had t h e r been a ; j 3 : : $-is c - k. . .$!$.;., auor- theteat. but no other business s h a l l be ., ,~ ,3ka.. ~ .- . . . . ' I :grin brought before the adjourned meeting and may . . .be digpoqed',df ,:at quch meeting. : p.3 '. . >"a" " . . .,*... " ...,, . 1 Except with t h e permission of the presiding "'a'h@krity (which =ha13 not be give0 i n t h e case of a -.IS mc motion or .proposition. t o . wodify o r cancel any resolutfionwithin t h r e e months a f t e r the passing thereof) no business ahall be transacted and no proplosition shall be discussed a t any m e t i n g unlese it had been mentioned i n 'the notice convening such meeting o r i n t h e case of a special meeting i n t h e written request for such meeting. : 1 1 Subject to any rules mdde in this behalf, the order in which the businessshallbe transacted at any meeting shall be determined by the .i,~ .>. ~, .. . presiding authbrity : . :s !,: ; . - , I . , .*i: Provided that, if it is prbpos'd' ' by. any Councillor that priority should be given to any particular item of, buainess, or to any particular proposition, the presiding authoritysh&ll put' the proposal to the meting and be guided by Ohe ma'jority of votes of the Councillors present and voting, given for or against the proposa:k. .. . . - (12) Minutes containing tho names of the Concillors and of the Government officers, if any, present wider the provisions of clauus (I?), and of the proceedings at each meeting shall be kept in English in a book to be maidtained for this purpose. Except when votes are recorded by ballot, the names of the Councillors voting for or against any proposal or motion shall be recordee in the minute book. The minutes shall be signed a# soon as practicable, by the presiding authority of such meetings and shall at all reasonable times .be open to inspection by any inhabitant of the muncipal area. Such minutes shall be placed before the next meeting of the Counokl and shall, after confirmation by the meeting, be signed by the presiding authority of such mekting. (13) Except as otherwise provided by or under this Regulation, all questions shall be decided by a majority of votes of the Councillors preseht and voting, the presiding authority having a second or casting voke in all cases of equality of votes. Votes shall be taken and results recorded ih such manner as may be prescribed by rules. (14) Any meeting may, with the consent' of a " majority of the Co~ncillors present,. be adjourned from time to time to a letter hour on thi sade day o r to any other day ; but no ' busineaa shall be . transacted at any adjourned meeting other than that left undisposed of at the meeting from 'which the adjournment took ce of such adjournment . : tc Jq*s3a.t, nQ ., BqnLy@,9rye L.: ,,? : :? % i . am : .! , >i.~fim: . ; ~ ? f f g i . ' ,-.-." : .. . , .. ... . , . . . .. ..:l ' . , . :- ..'$.: ;, 2 f a L 08ted up at the municipal office shall be deemed to bsj3$e suf f icient not ice of the. ashourned meeting 8 odd '*' ~oiwithstandin~ anything aantained in clause -2'9); no quorum shall be necessary for* such . ~ yrua ,adjourned meeting. ' % A $ t6aB - ' a , 5 , . .h > "i- ,&. 3Elll*$l (15) NO ' reaolutloon.. o f a - W n c i l shall be 9 6 , ~ -inohified or cancelled within three months after the paseing thereof except by a resolution supported ~ 3 2 % y not Peas than ~ne-half of the total number of 'en' Councillors m d paaged at- the meeting of which notice shall have been given fulfilling the ,dJ requirements of clauae ( 4 ) and setting forth fully .yc.rs the re,solution, which it is proposed to modify bqfi or cancel at such meeting and the motion or sd 'proposition for thd~ mod,kfic-a,tbon or cancellation of ,,2 'Aauch resolution. , , ,r, ; ci fib ;+Is- *. 9 .ci .+- 1 i. i' * :z ~r'ft:Ji? (16 1 ~xc&t fkr reetaon. 'whic& -t&e - p-residing nk ,authority deems 'emergent, no winesss . relating bsaPitO any work which is being or is to be executed 3,t&.ifor the Council by any Department of the Government ixa =hall be transacted at any meeting of a Counci Bln6& unless at least seven day4 previous to such -raeeting tlE;dsa latter has been addressed to the concerned office bFsB of the Government informing him of the intention t bsnpitran8ack such buaineas thereat and of the motions or ;i,propo~itions to be brought forward concerning such , -",Pw-ne s s . rsbraw s b g ~ - 'r C; t cd"l?e- fi - ( + - - (fib 1f it l G e a r a to a &mnci&l that the hn6 Sresence of any Government off icerb or an oFf,icer of ,, ,la village panchayat is desirabk f-or the purpose of ,,,cdiscusai'on or consideratioq of any question, on. ,,, which, in virtue of the &ties of his off ice, ,, his opinion or information which he oauld supply will be useful to such Council, at any meeting of such Council, it shall be ,competent to such "Council, by letter addree.ed +o such officer not la88 b s n ~ yrah .,,than 15 days previous ta the intended meeting, to ed , #nvite -. him to be preeent thereat ; and the said fsdj,of<icer -shall, +s far as possible, attend such s63. =m$e~4ng : . - j 'A . t~n~mrhotl %+za~ . ~ s - : i : ~ A J Y ; . " ~ , " :'-' I 13 . Provided that such oificbr on receipt of such letter may, if yqabie to b e , present himself, 2 . : 2 s ",I; gt-zk cc1t%3 . - - Z Z instruct a Deputy or Assistant or other competent subordinate, as to his views, and may send him to the meeting at his representative, instead of, attending himself. (18) No officer attending a meeting of the Council under clause (16) or (17) shall be entitled 'to vote on any proposition at such meeting. (19) The Government may make rules in respect of matters relating to the conduct of business at meetings of the Council not provided for in this gection,

Section 70 – The Daman and Diu Municipalities Regulation 1994 | DailyLaw.ai