Amendment status not verified — confirm the current text below against the official source.
[(1) Subject to the provisions of this Act and the rules made thereunder, the Secretary shall,- (a) record his opinion in writing on all matters with which he is concerned and which require the decision of the Chairperson, the Council or the Standing Committee; and (b) implement the resolutions of the Council and the Standing Committee: Provided that where the Secretary is of opinion that any resolution has not been legally passed or exceeds the powers conferred by this Act or by any other law or by the rules made thereunder or that if carried into effect it may endanger communal harmony or public safety or it is contrary to the Central State Policy, the Secretary shall request the council in writing to review the matter and express his views during review by the council and if the council sticks on to its earlier decision, he shall refer it to the Government for appropriate action and decision, after intimating the matter to the Chairperson: Provided further that where, on review of the resolution, the council decides to implement the same and the decision of the Government have not been intimated within fifteen days from the date of reference to the Government, the Secretary shall implement the said resolution and the matter be intimated to the Government: Provided also that no approval of the Chairperson is required for the Secretary to refer the matter to the council or the Government as aforesaid, but he shall give a copy of the report sent to the Government, to the Chairperson; (c) furnish periodical reports to the council and the standing committees, as the case may be, regarding the action taken or progress made in implementing the resolutions of the council or the standing committees; (d) implement the directions of the Chairperson: Provided that where the Secretary is of opinion that any direction given by the Chairperson is in excess of the powers conferred under the provisions of this Act or any other law or the rules made thereunder, he may first bring the matter to the notice of the Chairperson and if the Chairperson repeats his direction and if the Secretary sticks on to his earlier opinion, he shall report that matter to the council in the manner as may be prescribed; (e) exercise such of the powers and perform such of the functions as may be specifically conferred or delegated by or under this Act; (f) incur the expenditure authorised by the council or the Chairperson, subject to the budgetary provision; (g) make payments for all kinds of expenditure authorised by the Municipality, either by cheque or in cash; (h) maintain and keep the accounts as to the receipts and expenditure of the Municipality; (i) be responsible for the safe custody of the Municipal fund; (j) keep the records in respect of the meetings and proceedings of the council, standing committees and other committees; (k) take disciplinary action against the Municipal employees with the knowledge of the Chairperson; and (l) assist the Chairperson and the council to co-ordinate the functions of the officers and institutions transferred to the Municipality.] (2) All litigations for or against the Municipality shall be conducted by or against the Secretary. Sub-section (1) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (1) read as under: "(1) Subject to the provisions of this Act and the rules made thereunder the Secretary shall, (a) carry into effect the resolutions of the council: Provided that where the Chairperson or the Secretary, considers that the resolution has not been passed in accordance with the law or that it exceeds the powers conferred under this Act, or that if carried into effect, it will endanger the life or health of man or public safety, the Secretary or Chairperson shall refer the matter to the officer authorised by the Government in this behalf and from his decision there shall be an appeal to Government; (b) furnish to the Council such periodical reports regarding the progress made in carrying into effect the resolutions of the Council relating to the collection of taxes as the Council may direct; and (c) implement all the directions of the Chairperson: Provided that, where the Secretary is of opinion that, any direction given by the Chairperson is ultra vires the provisions of this Act or any other law for the time being in force, he shall report the matter to the Council within such time, as may be prescirbed; (d) exercise the powers and discharge the duties specially conferred or imposed on the Secretary by or under this Act; (e) incur expenditure authorised by the Chairperson; (f) make payments for all kinds of expenditure authenticated by the Municipality either by cheque or by cash; (g) maintain and keep the accounts of receipts and expenditure of the Municipality; (h) be responsible for the safe custody of the Municipal fund; and (i) maintain the records in respect of the meetings and procedure of the Council. *[(j) have the right to take disciplinary action against municipal employees with the knowledge of the Chairperson;]" 7*Clause (j) added by Act 8 of 1995, w.e.f. 5-8-1995.