Bare ActsKerala Municipality Act, 1994

Section 21

[Constitution and Election to the Standing Committee.

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

35A[(1)Every Standing Committed shall consist of such number of members including its Chairperson as may be prescribed and in every Standing Committee, of the members to be elected under sub-section (3), one place shall be reserved for woman and all other councillors except the Chairperson and the Deputy Chairperson, shall be elected as a member in any of the Standing Committee.] (2)35B[x x x x] (3) In every Standing Committee, there shall be members elected by the councillors from among themselves under the proportional representation system by single transferable vote and no Councillor shall be a member of more than one Standing Committee at the same time. 35C[(3a) The members to be elected for each Standing Committee shall he elected under the guidance, supervision and control of the State Election Commission as prescribed and the State Election Commission shall designate or nominate thereto an officer of the Government or Local Self Government Institution to be the Returning Officer.] (4) The Chairman of any Standing Committee other than the Standing Committee for Finance shall be elected by the members of the respective Standing Committee from among themselves. 35D[(4a) In a Town Panchayat where the office of the Deputy Chairperson is reserved for women, the office of Chairman of a Standing Committee except that of the Standing Committee for Finance and in a Town Panchayat, where the office of the Deputy, Chairperson is not reserved for women, the offices of Chairmen of the two Standing Committees except that of the Standing Committee for Finance shall be reserved for women. (4b) In a Municipal Council where the office of the Deputy Chairperson is reserved for women, the offices of Chairmen of two Standing Committees except that of the Standing Committee for Finance and in a Municipal Council, where the office of the Deputy Chairperson is not reserved for women, the offices of Chairmen of the three Standing Committees except that of the Standing Committee for Finance shall be reserved for women. (4c) In a Municipal Corporation where the office of the Deputy Mayor is reserved for women, the offices of Chairmen of the three Standing Committees except that of the Standing Committee for Finance and in a Municipal Corporation where the office of the Deputy Mayor is not reserved for women, the offices of Chairmen of the four Standing Committees except that of Standing Committee for Finance shall be reserved for women. (4d) The State Election Commission shall after each General Election, distribute the offices of Chairmen of the Standing Committees reserved among the different Standing Committees by rotation, in the order of Standing Committees specified in Section 20. (4e) The Chairman of any other Standing Committee except that of the Standing Committee for Finance shall be elected under the guidance, supervision and control of the State Election Commission as prescribed and the State Election Commission shall designate or nominate thereto an officer of the Government or Local Self Government Institution to be the Returning Officer.] (5) The Deputy Chairperson shall be the ex-officio member and the Chairman of the Standing Committee for Finance. (6) The Chairperson shall be an ex-officio member of every Standing Committee without any right to vote. (7) A Councillor elected as a member or Chairman of a Standing Committee shall hold office as the member or Chairman of that Committee till the expiry of his term of office as Councillor unless he resigns from such office. (8) The election to fill up a casual vacancy of a member of the Standing Committee shall be held within thirty days from the date of occurrence of such vacancy: Provided that in cases where the vacancy in a Standing Committee cannot be filled up due to the vacancy in the place of a Councillor, the vacancy in the Standing Committee shall be filled up within thirty days from the date of filling up of the vacancy of the Councillor. (9) Subject to the conditions and proceedings prescribed, a motion of no-confidence in respect of the Chairman of Standing Committee, other than the Standing Committee for Finance may be moved and such a motion, if passed, with the support of not less than a majority of the total number of members of the Standing Committee, the Chairman of that Standing Committee shall cease to hold office and he shall be deemed to have vacated the office of the Chairman of that Standing Committee] Section 21 substituted by Act 14 of 1999 with effect from 1-10-2000. Prior to the substitution Section 21 read as under: "21. Constitution of and election to Standing Committees.- (1) Every Standing Committee shall consist of five members (including Chairman) elected by the elected Councillors from among themselves under the proportional representation system by single transferable vote and no Councillor shall be a Member of more than one Standing Committee at the same time: Provided that the Standing Committee for taxation, finance and accounts shall consist of four elected members. (2) A Councillor elected to be a member of a Standing Committee shall hold office for a period of thirty months from the date of first meeting of the Committee to which he was elected, unless- (i) sooner he resigns such office; or (ii) his term of office as Councillor is in any manner determined earlier. (3) Election to fill a casual vacancy in a Standing Committee shall be held, as soon as may be, after the occurrence of the vacancy: Provided that a member elected to fill a casual vacancy shall hold office only for the remaining term of office of the person in whose place he is elected." Substituted by Act 30 of 2009 dt. 07/10/2010. Prior to the substitution it read as under: "Every Standing Committee shall consist of such number of members as may be decided by the Council including its Chairman and it shall be in such a manner that every Councillor, except the Chairperson and the Deputy Chairperson shall be elected as a member of any one of the Standing Committee and the number of members to be elected to each Standing Committee shall, as far as possible, be equal." omitted by Act 30 of 2009 dt. 07/10/2009. Prior to the omitted it read as under: "The number of members of each Standing Committee as decided by the Council under sub-section (1) shall not be changed during the tenure of the Council." Inserted by Act 30 of 2009 dt. 07/10/2009. Inserted by Act 30 of 2009 dt. 07/10/2009.

Section 21 – Kerala Municipality Act, 1994 | DailyLaw.ai