Bare ActsKerala Municipality Act, 1994

Section 10

Mayor or Chairman of a Municipality.

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

(1) There shall be a Chairman in every Town Panchayat and Municipal Council and a Mayor in every Municipal Corporation who shall be elected by the elected Councillors of the respective Municipalities from among themselves, in such manner as may be prescribed. [The Chairperson shall be a full-time functionary of the Municipality.] (2) Such number of the offices of Chairmen of Town Panchayats, Chairmen of Municipal Councils and Mayor of Municipal Corporations shall be reserved for the Scheduled Castes or, as the case may be, the Scheduled Tribes by the Government and the offices of the Chairmen of the Town Panchayats, Chairmen of the Municipal Councils and Mayor of the Municipal Corporations so reserved may be allotted by rotation to different Town Panchayats, Municipal Councils or, as the case may be, the Municipal Corporations as the [State Election Commission] may, by notification in the Gazette, determine for each general election. (3) The total number of offices of Chairmen in the Town Panchayats, Chairmen in the Municipal Councils or Mayor of the Municipal Corporations, as the case may be, to be reserved for the Scheduled Castes and the Scheduled Tribes under sub-section (2) shall bear as nearly as may be, the same proportion to the total number of offices of Chairmen in the Town Panchayats, Chairmen of the Municipal Councils or Mayor of the Municipal Corporations, as the case may be, as the population of the Scheduled Casts or as the case may be, the Scheduled Tribes, in the Municipalities in the State bear to the total population of the Municipalities. (4) 15A[Fifty per cent (in the case of a fraction it shall be fixed to the next higher integer)] of the offices of the Chairpersons in the Town Panchayats, Municipal Councils and Municipal Corporations reserved under sub-section (2), shall be [set apart by Government for women belonging to Scheduled Castes, or as the case may be, Scheduled Tribes and for each general election the seats so reserved shall be allotted by the State Election Commission, by notifications in the Gazette, to different Town Panchayats or Municipal Councils or Municipal Corporations, as the case may be, by rotation]: Provided that where the number of offices of Chairpersons reserved for the Scheduled Castes or as the case may be, the Scheduled Tribes under sub-section (2) is one, that seat need not be reserved for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes. (5) 16A[Fifty per cent (in the case of a fraction it shall be fixed to the next higher integer)] of the total number of offices of the Chairpersons in the Town Panchayats, Municipal Councils and Municipal Corporations, [shall be reserved for women by the Government and the seats so reserved [shall be allotted] by the State Election Commission]A[including those reserved under sub-section (4)], by rotation to different Town Panchayats, Municipal Councils and Municipal Corporations, as the case may be. (6) Procedure of rotation under sub-section (2) and sub-section (5) shall begin from the Municipality having the highest percentage of population of the Scheduled Castes or Scheduled Tribes or women as the case may be, and thereafter to the Municipality having the next higher percentage of population and shall be so continued in like manner: Provided that if the Municipality, the office of Chairperson of which is eligible for reservation for women is the same as the Municipality the office of Chairperson of which is to be reserved for the Scheduled Castes or Scheduled Tribes, then, in reserving the office of Chairperson priority shall be given to persons belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes and in lieu, the office of the Chairperson of the Municipality, having the next higher percentage of women population in turn shall be reserved for women. 18B[(6a) In the case of an election to the office of the Chairperson reserved for Scheduled Castes or Scheduled Tribes, a Councillor, if he is not a person elected from a seat reserved for Scheduled Castes or Scheduled Tribes, as the case may be, shall not be eligible for election to the office of the Chairperson, unless he produces before the Returning Officer a Community Certificate issued by a competent Officer stating that he is a member of Scheduled Caste or Scheduled Tribe; (6b) A Councillor elected to the office of the Chairperson reserved for Scheduled Castes or Scheduled Tribes who has been proved under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (11 of 1996) or under any other law for the time being in force that he does not belong to Scheduled Caste or Scheduled Tribe, as the case may be, and declared as such he shall not be entitled to continue in the office of the Chairperson from the date of such declaration and his office as Councillor shall stand forfeited and the State Election Commission shall declare the offices, of the Chairperson the Councillor to be vacant.] [Provided further that in Municipalities where the office of the Chairperson is to be reserved for women belonging to Scheduled Castes or Scheduled Tribes and in Municipalities the highest percentage of population is women, the office of the Chairperson shall be reserved for women belonging to Scheduled Castes or Scheduled Tribes by rotation.] (7) No person shall be eligible for being elected as Chairperson unless- (i) he is elected as Councillor; (ii) in the case of offices of Chairpersons reserved for the Scheduled Castes or the Scheduled Tribes, he himself is a member of any of the Scheduled Castes or the Scheduled Tribes; (iii) in the case of office of Chairperson reserved for women, such person is a woman. [(8) The term of office of a Chairperson shall be co-terminus with that of his term as a Councillor unless he resigns or becomes disqualified to hold the office of a Councillor.] Added by Act 14 of 1999, with effect from 1-10-2000. Substituted for the words "Government or an officer authorised by them" by Act 14 of 1999, w.e.f. 24-3-1999. Substituted for the words "not less than one-third" by Act 30 of 2009 dt. 07/10/2009. Substituted for the words "set apart for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes" by Act 14 of 1999, w.e.f. 24-3-1999. Substituted for the words "not less than one-third" by Act 30 of 2009 dt. 07/10/2009. Substituted for the words "as the case may be, shall be reserved for women and may be allotted by the Government" by Act 4 of 1999, w.e.f. 24-3-1999. Substituted for the words "may be allotted by the Government" by Act 14 of 1999, w.e.f. 24-3-1999. Inserted by Act 8 of 1995. Inserted by Act 30 of 2009 dt. 07/10/2009 Further proviso added by Act 14 of 1999, w.e.f. 24-3-1999. Sub-section (8) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (8) read as under: "(8) The term of office of a Chairperson shall be co-terminus with the term of the Municipality unless he resigns sooner or is removed from office or becomes disqualified to hold the office of a Councillor."

Section 10 – Kerala Municipality Act, 1994 | DailyLaw.ai