Bare ActsKerala Municipality Act, 1994

Section 38

Presidency of Council.

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

(1) Every meeting of the Council of a Municipality shall be presided over by the Chairperson or in his absence by the Deputy Chairperson or 57A[the Chairman of the Standing Committees in the order specified in sub-section (1) of section 20 and in that absence], by a Councillor chosen by the Councillors present from among themselves: Provided that, where two or more Councillors are proposed and seconded the Secretary, or, in his absence, the officer authorised to perform the functions of the Secretary shall conduct the election in such manner, as may be prescribed. (2) The Chairperson or the person presiding shall control the meeting and shall decide all points of order arising at or in connection with a meeting. There shall be no discussion on a point of order and the decision taken by the Chairperson or the person presiding shall, save as otherwise provided in this Act, be final. (3) Where any member behaves in a disorderly manner and causes obstructions to the Conduct of a meeting, the Chairperson or the person presiding shall direct such member to withdraw forthwith and if disobeyed, he shall be suspended from the meeting 57B[for the day by the Chairperson or the person presiding] and the member suspended shall, immediately thereafter withdraw from the meeting, failing which he shall be removed by using reasonable force, if necessary: 57C[x x x x] (4) The person presiding shall, while so presiding, have all the powers of the Chairperson. Substituted by Act 8 of 1995, w.e.f. 5-8-1995. Substituted for the words "for such period as the Chairperson or the person presiding may decide" by Act 14 of 2000, w.e.f. 18-1-2000. Proviso omitted by Act 14 of 2000, w.e.f. 18-1-2000. The omitted proviso read as under:"Provided that the Chairperson or the person presiding may, at any time at his discretion, and shall, at the instance of the council supported by a resolution passed to that effect, cancel the order of suspension."

Section 38 – Kerala Municipality Act, 1994 | DailyLaw.ai