Section 54

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

Decision of the tribunal.- At the conclusion of the trail of an election petition, the tribunal shall make an order.- (a) dismissing the election petition, or (b) declaring the election of all or any of the returned candidates to be void, or (c) declaring the election of all or any of the retuned candidates to be void and the petitioner or any other candidate to have been duly elected; or (d) declaring the election to be wholly void. *55. Other orders to be made by the tribunal.- At the time of making an order under section 54 the tribunal shall also make an order.- (a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording.- (i) a finding whether any corrupt practice has or has not been proved to have been committed at the election and the nature of that corrupt practice; and * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. ** Now, Sections 345 (1) and 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). 199 (ii) the names of all person, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and (b) fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid: Provided that a person who is not a party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless – (i) he has been given notice to appear before the tribunal and to show cause why he should not be so named, and (ii) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by the tribunal and has given evidence against him, of calling evidence in his defence and of being heard. *56. Grounds for declaring election to be void.- (1) Subject to the provisions of sub-section (2) if the tribunal is of opinion.- (a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be elected as a councillor under this Act; or (b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent: or (c) that any nomination has been improperly rejected; or (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected, --- (i) by the improper acceptance of any nomination, or (ii) by any corrupt practice committed in the interests of the returned candidate (by an agent other than his election agent), or (iii) by the improper reception, refusal or rejection of any vote or the reception, of any vote which is void, or (iv) by any non-compliance with the provisions of this Act or any rules or orders made under this Act, the tribunal shall declare the election of the returned candidate to be void. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 200 (2) If in the opinion of the tribunal, a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice but the tribunal is satisfied.- (a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate or his election agent; (b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and (c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, then the tribunal may decide that the election of the returned candidate is not void. *57. Grounds for which a Candidate other than the returned candidate may be declared to have been elected.- If any person who has lodged a petition has, in addition to, calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the tribunal is of opinion.- (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or (b) that but for the votes obtained by the retuned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes, the tribunal shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected. *58. Procedure in case of an equality of votes.- If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then.- (a) any decision made by the returning officer under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 201 (b) in so far as that question is not determined on such a decision the tribunal shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote. *59. Communication of the orders of the tribunal and the transmission of the records of the case to the election authority.- The tribunal shall send a copy of its orders made under section 54 or section 55 unless an appeal is preferred therefrom, in which case, a copy of the order of the High Court, along with the records of the case, to the election authority. *60. Appeal against the order of the tribunal.- An appeal from an order passed by the tribunal under section 54 or section 55 shall lie to the High Court: Provided that no such appeal shall be heard by the High Court unless it is filed within thirty days from the date of the order of the tribunal. *61. Orders of the tribunal to be final and conclusive. --- Every order of the tribunal made under this Act and unless an appeal is preferred therefrom to the High Court under section 60 shall be final and conclusive. *62. Orders when to take effect. - An order of the tribunal under section 54 or section 55 shall take effect immediately after the expiry of the period of an appeal unless an appeal is preferred therefrom, in which case the order of the High Court shall take effect as soon as it is pronounced. *63. Disqualification of persons convicted of election offences. – Every person convicted of any of the offences punishable under sections 26 to 39 or under Chapter X-A of the Indian Penal Code, 1860 (Central Act 45 of 1860) shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of municipal councillor for a period of five years from the date of his conviction. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 202 (g) Miscellaneous. *64. Publication of the results of election.- (1) Where a general election is held for the purpose of constituting new municipal council there shall be notified by the election authority in the Official Gazette, as soon as may be after the date ordinarily fixed for the completion of the election, under the provisions of this Act or of the rules made thereunder, the names of the members elected for the various wards of each municipal council by that date and upon the issue of such notification that municipal council shall be deemed to be duly constituted: Provided that the issue of such notification shall not be deemed.- (a) to preclude the completion of the election in any ward or wards for which poll could not be taken for any reason on the date originally fixed for the purpose; or (b) to affect the duration of the municipal council, if any, functioning immediately before the issue of the said notification. (2) Where a bye-election is held for the purpose of filling the vacancy of any seat or seats in a municipal council, there shall be notified by the election authority in the Official Gazette as soon as may be after the date originally fixed for the completion of the election under the provision of this Act or of the rules made thereunder the name or names of the member elected for the ward or wards by that date. [64-A. Special procedure for preventing personation of electors. -- With a view to preventing personation of electors provisions may be made by rules made under this Act, -- (a) for the marking with indelible ink on the little finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such paper or papers to him; (b) for the production before the presiding officer or a polling officer of a polling station by every such elector as aforesaid of his identity card before the delivery of a ballot paper or ballot papers to him, if electors of the municipal wards in which the polling station is situated have been supplied with identity cards with or without their respective photographs attached thereto; and * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. Inserted vide Act No.9 of 2001 which came into force with effect from 22.10.2001 and published in the Extraordinary Gazette Part II No.23 dated 30.10.2001. 203 (c) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such paper he has already such a mark on his little finger or does not produce on demand his identity card before the presiding officer or a polling officer of the polling station.] [64-B.Voting machines at elections.- Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such Municipal Ward or Wards as the Election Commission may, having regard to the circumstances of each case, specify. Explanation. – For the purpose of this section, ‘voting machine’ means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election]. *65. Power to make rules regulating elections. – (1) The Government may, by notification, make rules generally to provide for or to regulate matters in respect of elections to be held under this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely.- (a) maintenance of the electoral rolls and their publications; (b) notification of the elections; (c) administrative machinery for the conduct of elections; (d) the nominations of candidates, form of nomination paper, objections to nominations, scrutiny of nominations; (e) the deposits to be made by candidates and circumstances under which such deposits may be refunded to candidates or forfeited to the council; (f) the assignment of symbols to candidates; Inserted vide Act No.9 of 2001 which came into force with effect from 22.10.2001 and published the Extraordinary Gazette Part II No.23 dated 30.10.2001. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 204 (g) the withdrawal of candidatures; (h) the appointment of agents of candidates; (i) the form of ballot paper; (j) the procedure in contested and uncontested elections; (k) the steps to be taken to prevent personation of voters. (l) the manner of recording votes; [(ll) The manner of giving and recording votes by means of voting machines and procedure as to voting to be followed at polling stations where such machines are used.] (m) the procedure to be followed in respect of challenged votes and tendered votes; [(mm)the procedure as to counting of votes recorded by means of voting machines]. (n) the scrutiny of votes, counting or re-counting of votes, declaration of results and procedure in case of equality of votes; (o) the custody and disposal of papers relating to elections; (p) the circumstance in which poll may be suspended or held afresh; (q) appointment of tribunal procedure for filing election petitions including deposit of security and costs of election petition; (r) any other matter relating to elections which is to be or may be prescribed under this Act. *66. Jurisdiction of civil courts barred.- No civil court shall have jurisdiction to question the legality of any action or of any decision given by the returning officer or by any other person appointed under this Act in connection with an election. Inserted vide Act No.9 of 2001 which came into force with effect from 22.10.2001 and published the Extraordinary Gazette Part II No.23 dated 30.10.2001. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 205 CHAPTER – V POWERS AND FUNCTIONS OF MUNICIPAL AUTHORITIES (a) Council *67. Vesting of municipal administration in the council.- (1) Subject to the provisions of this Act, the municipal administration shall vest in the council, and for this purpose the council shall exercise such powers and perform such functions as may be conferred upon it by or under this Act: Provided that the council shall not be entitled to exercise the powers or to perform the functions which are expressly assigned by or under this Act or any other law to the Chairman, a committee or the Commissioner. (2) In addition to the duties imposed upon it by or under this Act or any other law for the time being in force, unless the Government otherwise directs, it shall be the duty of every council to undertake and to make reasonable provision for the following matters within the limits of the municipal area, and when effective measures, cannot otherwise be made then even outside the said limits, namely.- (a) lighting public streets, places and buildings; (b) watering public streets and places; (c) cleansing public streets, places and sewers, and all spaces, not being private property, which are open to the enjoyment of the public, whether such spaces are vested in the council or not; removing noxious vegetation; and abating all public nuisances; (d) extinguishing fire, and protecting life and property when fire occur; (e) regulating or abating offensive or dangerous trades or practices; (f) removing obstructions and projections in public streets or places and in spaces, not being private property, which are open to the enjoyment of the public, whether such spaces are vested in the council or in Government; * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11 dated 17th January 1974. 206 (g) securing or removing dangerous buildings or places, and reclaiming of unhealthy localities; (h) acquiring, maintaining, changing and regulating places for the disposal of the dead; (i) constructing, altering and maintaining public streets, culverts, municipal boundary marks, markets, slaughter-houses, latrines, privies, urinals, drains, sewers, drainage-works, sewerage works, baths, washing places, drinking fountains, tanks, wells, dams and the like; (j) obtaining a supply or an additional supply of water proper and sufficient for preventing danger to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply, when such supply or additional supply can be obtained at a reasonable cost; (k) naming streets and numbering of premises; (l) public vaccination; (m) suitable accommodation for any calves, cows or buffaloes required within the municipal area for the supply of animal lymph; (n) printing such annual reports on the municipal administration of the municipality as the Government may by general or special order, require the council to submit; (o) erecting substantial boundary marks of such description and in such position as shall be approved by the Collector, defining the limits or any alteration in the limits of the municipal area; (p) disposing of night-soil and rubbish and if so required by the Government, preparation of compost manure from such night-soil and rubbish; (q) providing special medical aid and accommodation from the sick in time of dangerous of communicable disease and taking such measures as may be required to prevent the outbreak or to suppress and prevent the recurrence of such disease; (r) giving relief and establishing and maintaining relief works in time of scarcity or for destitute persons within the limits of the municipal area; (s) imposing compulsory taxes which are specified in section 118. 207 (3) A council may, at its discretion, provide either wholly or partly, out of the municipal property and funds for.- (a) laying out, whether in areas previously built upon or not, new public streets, and acquiring the land for that purpose and land required for the construction of buildings or curtilages thereof to about on such streets; (b) establishing or maintaining libraries, museums, lunatic asylums gymnasiums, akhadas, and homes from disabled and destitute persons, and constructing and maintaining buildings therefor, along with such other public buildings like town halls, municipal offices, shops, dharmashalas, theatres, stadia and rest houses; (c) laying out or maintaining public parks and gardens, and also planting and maintaining roadside and other trees; (d) providing music for the people; (e) taking a census, and granting rewards for information which may tend to secure the correct registration of vital statistics; (f) making a survey; (g) arranging for the destruction or the detention and preservation of dogs which may be destroyed or detained under section 340 or under any other law for the time being in force in the Union territory; (h) securing or assisting to secure suitable places for the carrying on of the offensive trades specified in section 355; (i) supplying, constructing and maintaining, in accordance with a general system approved by the Government, receptacles, fittings, pipes and other appliances whatsoever, on or for the use of private premises, for receiving and conducting the sewage thereof into sewers under the control of the council; (j) acquisition and maintenance of grazing grounds; and the establishment and maintenance of dairy farms and breeding stud; (k) establishing and maintaining a farm or factory for the disposal of sewage; 208 (l) promoting the well-being of municipal employees or any class of municipal employees and of their dependants; (m) providing accommodation for servants employed by the council; (n) construction of sanitary dwelling for the poorer classes or other measures connected with slum clearance; (o) purchase, organisation, maintenance extension and management of mechanically propelled transport facilities for the conveyance of the public; (p) making contributions towards the construction, establishment or maintenance of libraries and museums and institutions providing for public medical relief, or any other institution of a charitable nature and making contribution towards any public funds raised for the relief of human suffering within or without, the municipal area; (q) setting up of dairies or farms for the supply, distribution and processing of milk or milk products for the benefit of the inhabitants of the municipal area; (r) any public reception, ceremony, fair entertainment or exhibition within the municipal areas; (s) any other measure not specified in sub-section (2) likely to promote public safety, health and convenience as may be prescribed. (4) No suit for damages or for specific performance shall be maintainable against any council or any councillor or officer or servant thereof on the ground that any of the duties specified in sub-section (2) above have not been performed. (5) Every council shall also, out of the municipal property and fund, make payments at such rates as the Government may, from time to time by general or special order, specify for the maintenance and treatment either in the municipal area or at any asylum, hospital or house, whether within or without such municipal area, which the Government may, by notification declare to be suitable for such purpose.- (a) of lunatics not being persons for whose confinement an order under Chapter XXXIV of the Code of Criminal Procedure, 1898* (Central Act 5 of 1898) is in force and (b) of leprosy patients, resident within, or under any enactment for the time being in force removed from, the municipal area: * Now, the Code of Criminal Procedure, 1973. 209 Provided that the council shall not be liable under this sub-section for the maintenance and treatment of any lunatic or leprosy patient in any such asylum, hospital or house as aforesaid, unless such lunatic or leprosy patient, immediately previous to his admission thereto, has been resident in the municipality for at least one year: Provided further that where an application is made to the High Court or a District Court under the provisions of section 88 of the Indian Lunacy Act 1912 (Central Act 4 of 1912), no order for the payment of the cost of maintenance of the lunatic by a council shall be made without an opportunity being given to such council to show that the lunatic has an estate applicable to his maintenance or that there is a person legally bound, and having the means, to maintain him. The officer in charge of any asylum to which lunatics for whose maintenance and treatment a council is liable under this section are admitted shall maintain a clear account of the cost of maintenance and treatment incurred on account of each lunatic detained in the asylum and shall furnish a copy thereof to the council on application. (6) Where a council has entered into any arrangement or made any promise, purporting to bind it or its successors for a term of years or for an unlimited period to continue to any educational or charitable institution a yearly contribution from the municipal property or fund, it shall be lawful for council or its successors, with the sanction of the Government, to cancel such arrangement or promise, or to discontinue, or to diminish such yearly contribution, provided that at least twelve months, notice shall be given of its intention so to do to the person or persons charged with the responsibility for the management of such institution. *68. Council’s power to call for records in Commissioner’s custody.- (1) The council or any standing committee may at any time require the Commissioner to produce any document which is in his custody. (2) The Commissioner shall comply with every such requisition, unless in his opinion immediate compliance therewith would be prejudicial to the interests of the council or of the public, in which case he shall make a declaration in writing to that effect and shall, if required by the council or the standing committee, as the case may be, refer the question to the Government whose decision shall be final. * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974. 210 *69. Council’s power to call for records of committees.- The municipal council may at any time call for the proceedings of a standing committee or of any other committee or for any return statement, account or report connected with any matter with which such committee is empowered to deal, and every such requisition shall be complied with by the Commissioner. *70. Appointment of committees.- (1) A municipal council may constitute committees or appoint individual councillors to inquire into and report or advice on any matter which it may refer to them. (2) Notwithstanding anything contained in sub-section (1) the Government shall have power.- (a) to direct any municipal council or any class of municipal councils to constitute standing committees for such purposes as the Government thinks fit; and (b) to determine by rules the constitution, powers and procedure of such committees or standing committees. *71. Appointment of special committees.- (1) It shall be lawful for the council from time to time by a resolution supported by not less than one-half of the sanctioned strength of the council to appoint as members of any committee any persons who are not councillors but who may in the opinion of such council possess special qualifications for serving on such committee; but the number of persons so appointed on any committee shall not exceed one-third of the total number of member of such committee. (2) All the provisions of this Act, relating to the duties, powers, liabilities and disqualifications and disabilities of councillors shall, save as regards the disqualification on the ground of residence, be applicable so far as may be, to such persons. *72. Provisions in regard to meeting of council, etc.- The following provisions shall be observed with respect to the meetings of the municipal council.- (1) The municipal council shall meet in the municipal office for the transaction of business at least once in every month, upon such days and at such times as it may arrange and also at other times as often as a meeting shall be called by the Chairman: * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974. 211 Provided that no meeting shall be held on a public holiday. Explanation.- The expression “public holiday” includes Sundays and any other day declared by the Government by notification to be a public holiday. (2) (a) No meeting shall be held unless notice of the day and time when the meeting is to be held and of the business to be transacted thereat has been given at least three clear days before the day of the meeting. (b) In cases of urgency the Chairman may convene a meeting on giving shorter notice than that specified in sub-clause (a). (c) The agenda for the meeting shall be prepared by the Commissioner in consultation with the Chairman. The Commissioner may include in the agenda any subject which in his opinion should be considered by the council and shall include therein any subject specified by the Chairman. On any subject included in the agenda, the Chairman as well as the Commissioner shall have the right of recording their views in a note and such note shall be circulated to the councillors or placed before the council before or at the time of the consideration of such subject by the council. (3) (a) The Chairman shall, on the requisition in writing of not less than one- third of the members then on the council, convene a meeting of the council, provided that the requisition specifies the day [not being a day on which a meeting cannot be held by virtue of clause (1)] when, and the purpose for which, the meeting is to be held. Only urgent matters of local importance relating to municipal administration which cannot wait till the next ordinary or urgent meeting shall be considered at special meetings and not more than one subject shall be considered at such meetings. The requisition shall be delivered at the municipal office hours to the Chairman, Commissioner, manager or any other person who may then be in charge of the office, at least ten clear days before the day of the meeting. (b) If the Chairman fails within forty-eight hours from the delivery of such requisition to call a meeting on the day specified therein, or within three days thereafter, the meeting may be called by the members who signed the requisition on giving the notice provided for in sub-clause (a) of clause (2) to the other members of the council. 212 (4) All meetings of the council shall be open to the public, provided that the presiding member may and at the request of the council shall in any particular case, for reasons to be recorded in the minute book kept under clause (9), direct that the public generally, or any particular person shall withdraw. (5) All questions which may come before the council at any meeting shall be decided by a majority of the members present and voting, at the meeting and , in every case of equality of voting, the presiding member shall have and exercise a second or casting vote. (6) The quorum to constitute a meeting of the council shall be six members or one-third of the sanctioned number of members of the council, whichever is greater. (7) If within half an hour after the time appointed for a meeting a quorum is not present, the meeting shall stand adjourned, unless all the members present agree to wait longer. (8) No resolution of the council shall be modified or cancelled within three months after the passing thereof except at a meeting specially convened in that behalf and by a resolution of the council supported by not less than one-half of the sanctioned number of members. (9) (a) Minutes of the proceeding at each meeting of the council shall be.- (i) drawn up; (ii) entered in a book to be kept for that purpose; and (iii) signed by the presiding member or in his absence by someone of the members present thereat. (b) The minutes so signed shall be deemed to be the correct record of such proceedings. (c) Such minutes shall, at all reasonable times and without charge, be open at the municipal office to the inspection of any person who pays any tax under this Act to the municipality. (10) An authenticated copy, in the language or languages as may be prescribed, of the minutes of the proceedings at the meeting – 213 (a) shall, within three days of the date of such meeting, be forwarded by the Chairman to.- (i) the Director along with minutes of dissent, if any, that may be forwarded to the Chairman within forty-eight hours of the meeting by any councillor who was present at such meeting; and (ii) such other officer as the Government may, by general or special order, specify in this behalf; and (b) shall be affixed to the notice-board of the municipal office. (11) Relevant extracts of the minutes of the said proceedings shall be sent to the heads of departments of the Government and to the superintending officers appointed under sub-section (2) of section 106 for information and necessary action. (12) The Commissioner shall have the custody of the proceedings and records of the council and may grant copies of any such proceeding and records on payment of such fees as the council may, by general or special order, determine. Copies shall be certified by the Commissioner as provided in section 76 of the Indian Evidence Act, 1872 (central Act, 1 of 1872) and copies so certified may be used to prove the records of the council in the same manner as they may under clause (5) of section 78 of the said Act, be used to prove the proceedings of that body. (13) The committee constituted by the council under section 70 or section 71 as well as the committees constituted under sub-section (1) of section 85 shall meet in the office provided by the municipal council in clause (1). (14) The proceedings of every committee appointed by the council shall be recorded in writing and submitted to the council. (15) The council may also make, in regard to the matters specified below, regulations not inconsistent therewith or with other provisions of this Act or of any rules made thereunder --- (a) the time and place of its meetings; (b) the manner in which notice thereof shall be given; (c) the preservation of order and the conduct of proceedings at meetings, and the powers, which the Chairman may exercise for the purpose of enforcing his decision on points of order; 214 (d) the division of duties among the members of the council; (e) the delegation of its powers, duties or functions --- (i) to the Chairman, a councillor, an officer or a servant of the council or a servant of the Government; or (ii) to a committee or standing committee constituted under this Act or to its Chairman or to any one or more of its members; (f) the persons by whom receipts may be granted for money paid to the council; and (g) all other similar matters. *73. Appointment of joint committee. --- (1) A council may and if so required by the Government shall, join with one, or more than one, other local authority in constituting a joint committee for any purpose in which they are jointly interested or for any matter for which they are jointly responsible. (2) A joint committee may include persons who are not members of the local authorities concerned but who may, in the opinion of the said local authorities, possess special qualifications or special interest for serving on such committee: Provided that the number of such person shall not exceed one-third of the total number of members of the joint committee. (3) The constitution of a joint committee shall be by means of regulations which shall not except in the cases referred to in sub-sections (6) and (7) have effect unless assented to by each of the local authorities concerned. (4) The regulations shall determine --- (a) the total number of members of the joint committee; (b) the number who shall be members of the local authorities concerned and the number who may be outsiders; (c) the persons who shall be members of the joint committee or the manner in which they shall be elected or appointed; * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974. 215 (d) the person who shall be Chairman of the joint committee or the manner in which he shall be elected or appointed; (e) the term of office of members and Chairman; (f) the powers, being powers exercisable by one or more of the local authorities concerned, which may be exercised by the joint committee; and (g) the procedure of the joint committee. (5) Regulations made under sub-section (3) and (4) may be varied or revoked provided that all the local authorities concerned assent to such variation or revocation. (6) If the Government takes action under sub-section (1) it may issue such directions as it thinks necessary or desirable in respect of all or any of the matters referred to in sub-sections (3) and (4). (7) If any difference of opinion arises between local authorities under any of the foregoing provisions of this section, it shall be referred to the Government whose decision shall be final. *74. Acts of municipal councils, etc., not to be invalidated by informality, etc.- No act or proceeding of a municipal council or of a committee thereof or of any person acting as Chairman, Vice-Chairman or member of the municipal council or committee shall be deemed to be invalid or ever to have been invalid by reason only of a defect in the establishment of the municipality or committee or on the ground that the Chairman, Vice-Chairman or any member of the council or committee was not entitled to hold or continue in such office by reason of any disqualification or on the ground that it is discovered subsequently that the Chairman or Vice-Chairman or any member of the council took part in any proceeding or voted on any question or motion in contravention of section 95 or by reason of any irregularity or illegality in his election or appointment or in the service of any notice of meeting of the council or of any committee or by reason of such act having been done during the period of any vacancy in the office of Chairman, Vice-Chairman or member of the council or committee. * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974. 216 *75. Vesting of public streets and appurtenances in the municipal council.- (1) All public streets in any municipality, with the pavements, stones and other materials thereof, and all works, materials and other things provided for such streets, all sewers, drains, drainage works, tunnels and culverts, whether made at the cost of municipal fund or otherwise, in, alongside or under any street, whether public or private, and all works, materials and things appertaining thereto and all trees not being private property growing on public streets or by the side thereof shall vest in the municipal council. (2) The Government may, by notification withdraw any such street, sewer, drain, drainage work, tunnel, culvert or tree from the control of the council and place the same under the control of the Public Works Department. *76. Prohibition against removal of or causing damage to trees growing on public streets.- (1) No person shall, except as permitted by rules made under this Act and except in accordance with the conditions imposed by any licence made requisite by such rules, fell, remove, destroy, lop or strip, bark, leaves or fruits from, or otherwise damage, any tree growing on any public street, if such tree does not vest in, or belong to, such person. (2) Subject to the provisions of this Act and the rules made thereunder, a municipal council may also make such provision as it thinks fit for the planting and preservation of trees on the sides of all public streets within municipal limits. *77. Duty of municipal council in respect of public streets withdrawn.- Where any public street has been withdrawn from the control of a municipal council under sub-section (2) of section 75 and placed under the control of the Public Works Department of the Government, it shall be the duty of the municipal council to provide at the cost of the municipal fund, to such extent as the Government may, by general or special order, direct – (a) for the lighting, watering, scavenging, and drainage of such street; (b) for the provision, maintenance and repair of the drains and sewers in, alongside, or under such street; (c) for the provision, maintenance and repair of foot-ways attached to such street: * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974. 217 Provided that where in the discharge of such duties it is necessary for the council to open and break up the soil or pavement of any such street, the council shall obtain the previous consent of such officer of the Public Works Department as the Government may, by general or special order, specify: Provided further that in cases of emergency, the council may, without such consent, open and break up the soil or pavement of any such street, but shall, as far as practicable, restore such soil or pavement to the condition in which it was immediately before it was opened and broken up, and a report of the action so taken and the reasons therefor shall be sent forthwith to the officer specified under the foregoing proviso. *78. Vacant lands belonging to Government situated in the municipality to be in the possession or under the control of the council.- (1) On and from the date of the commencement of this Act, all vacant lands belonging to or under the control of the Government situated within the local limits of a municipality, shall, subject to the provisions of sub-sections (2) and (3) and to such conditions as may be prescribed, be deemed to be in the possession or under the control of the council concerned for purposes of this Act. Explanation. – For the purpose of this section “vacant land” includes a poramboke, donka or kunta. (2) The council shall keep all such vacant lands free from encumbrances and shall restore the possession or control of any such land to the Government free of cost whenever it is required by the Government for its use or for any public purpose. (3) The council shall not.– (a) construct or permit the construction of any building or other structure on any such vacant land; (b) use or permit the use of such vacant land for any permanent purpose; or (c) alienate such vacant land to any third party, unless the prior permission of the Government is obtained by the council therefor after furnishing such information as the Government may require including the usefulness of the land for any housing scheme. * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974. 218 *79. Power of Government to transfer control of endowment to council.- (1) The Government may, by notification, with the consent of a council, make over to the council the management and superintendence of any charitable endowment in respect of which powers and duties attach to the Government under the provisions of the law for the time being in force relating to endowments and charitable institutions and thereupon all powers and duties which attach to the Government in respect thereof shall attach to the council as if it had been specially named in the said law, and the council shall manage and superintend such endowment. (2) The Government may, of its own motion, and by notification, resume the management and superintendence of any endowment made over to a council under sub-section (1), and, upon such resumption, all the powers and duties attaching to the council in respect of the endowment shall cease and determine. *80. Collected sewage, etc., to belong to municipal council.- All rubbish, sewage, filth and other matters collected by a municipal council under this Act shall belong to the council. *81. Inventory of municipal property.- (1) The Commissioner shall maintain an inventory of all immovable property owned by the municipal council or to which the council has a reversionary right. (2) A copy of the said inventory shall be deposited in the office of the Director, and all changes shall be forthwith communicated to him. *82. Limitation of power to accept property in trust.- The council may accept trusts relating exclusively to the furtherance of any purpose to which the municipal fund may be applied. *83. Objects not provided for by this Act.- The Government may, with the consent of a municipal council, transfer to the council the management of any institution or the execution of any work not provided for by this Act, and it shall thereupon be lawful for the council to undertake such management or execution: Provided that in every such case the funds required for such management or execution shall be placed at the disposal of the council by the Government. * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974. 219 *84. Procedure for acquisition of immovable property under the Land Acquisition Act, 1894. – (1) Any immovable property which any municipal authority is authorised by this Act to acquire may be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894) and on payment of compensation awarded under the said Act in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the council. (2) Where a municipal authority proposes to acquire any immovable property otherwise than under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894), it shall obtain the previous approval of the Director, therefor. While according his approval, the Director shall determine the value at which the property is to be acquired and every such acquisition shall be subject to the previous sanction of the Government. *85. Authority competent to contract and contractual powers of persons appointed by Government.- (1) The power of making on behalf of the council all contracts whereof the value or amount does not exceed one thousand rupees shall be exercised by a committee consisting of the Chairman, the Commissioner and one member of the council elected by it. (2) In respect of a contract whereof the value or amount exceeds one thousand rupees, the sanction of the council for the making thereof shall be obtained before the same is made. (3) Notwithstanding anything contained in sub-sections (1) and (2), any person appointed by the Government to carry any work into execution on behalf of a municipal council may, subject to such control as the Government may prescribe, make such contracts as are necessary for the purpose of carrying such work into execution to the extent of the sum provided for such work, and the municipal council shall pay to the person so appointed such sums as may be required for the said purpose to the extent aforesaid. Explanation. – For the purposes of this section, “making of contract” includes the power of calling for tenders, acceptance of tenders and sanctioning of estimates in relation to that contract. *86. Rules regarding the conditions on which contracts may be made. – The power conferred by section 85 to make or sanction contracts shall be subject to such rules as may be prescribed in regard to the conditions on which, and the mode in which, contracts may be made or sanctioned by or on behalf of municipal councils. * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974. 220 *87. Mode of executing contracts.- (1) Every contract made by, or on behalf of, a council, whereof the value or amount exceed three hundred rupees shall be in writing and except in the case of contracts made under the provisions of sub-section (3) of section 85, shall be signed by the Commissioner. *(2) A contract executed or made otherwise than in conformity with the provisions of this section and of section 85 and the rules referred to in section 86 shall not be binding on the municipal council. *88. Motion of no-confidence in Chairman or Vice-Chairman.- (1) Subject to the provision of this section, a motion expressing want of confidence in the Chairman or in the Vice-Chairman may be made in accordance with the procedure laid down herein. (2) A written notice of intention to make the motion, in such form as may be fixed by the Government, signed by such number of councillors as shall constitute not less than two-fifths of the sanctioned strength of the council together with a copy of the motion which is proposed to be made and a written statement of the charges against the Chairman or the Vice-Chairman, as the case may be, shall be delivered by any two of the councillors signing the notice in person together, to the Director or to any other officer duly authorised by him in this behalf (hereinafter in this section referred to as the authorised officer). (3) A copy of the statement of the charges together with a copy of the motion referred to in sub-section (2) shall be caused to be delivered to the Chairman or Vice-Chairman concerned by the Director or the authorised officer and the Chairman or Vice-Chairman shall by notice in writing be required to give a statement in reply to the charges within a week of the receipt of the notice by the Chairman or Vice-Chairman. (4) The Director or the authorised officer shall after the expiry of the period of notice issued under sub-section (3), convene a meeting for the consideration of the motion, to be held at the municipal office, at a time appointed by him, which shall not be later than thirty days from the date on which the notice under sub-section (2) was delivered to him. He shall give to the councillors notice of not less than fifteen clear days of such meeting and of the time appointed therefor. * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974. 221 (5) (a) The Director or the authorised officer shall preside at the meeting convened under this section, and no other person shall preside thereat. (b) If within half an hour after the time appointed for the meeting, the Director or the authorised officer is not present to preside at the meeting, the meeting shall stand adjourned to a time to be appointed and notified to the councillors by the Director or the authorised officer. (6) (a) If the Director or the authorsied officer is unable to preside at the meeting, he may, after recording his reason in writing, adjourn the meeting to such other time as he may appoint. (b) The date so appointed shall not be later than thirty days from the date appointed for the meeting under sub-section(4). (c) Notice of not less than seven clear days shall be given to the councillors of the time appointed for the adjourned meeting. (7) Save as provided in sub-sections (5) and (6), a meeting convened for the purpose of considering a motion under this section shall not for any reason be adjourned. (8) As soon as the meeting convened under this section has commenced, the Director or the authorised officer shall read to the council the motion for the consideration of which it has been convened, the statement of charges and the statement, if any, of the Chairman or Vice-Chairman in reply to the said charges and declare it to be open for debate. (9) No debate on any motion under this section shall be adjourned. (10) Such debate shall automatically terminate on the expiry of two hours from the time appointed for the commencement of the meeting, if it is not concluded earlier. Upon the conclusion of the debate or upon the expiry of the said period of two hours, as the case may be, the motion shall be put to the vote of the councillors. (11) The Director or the authorised officer shall not speak on the merits of the motion, nor shall he be entitled to vote thereon. (12) A copy of the minutes of said meeting together with a copy of the motion and the result of the voting thereon shall, forthwith on the termination of the meeting, be forwarded by the Director or the authorised officer to the Government. 222 (13) If the motion is carried with the support of the majority of the sanctioned strength of the council, the Government, shall by notification, remove the Chairman or Vice-Chairman, as the case may be. (14) If the motion is not carried by such a majority as aforesaid, or if the meeting cannot be held for want of a quorum, no notice of any subsequent motion expressing want of confidence in the same Chairman or Vice-Chairman shall be received until after the expiry of six months from the date of the meeting. (15) No notice of a motion under this section shall be received within six months of the assumption of office by a Chairman or Vice-Chairman, as the case may be. *89. Annual administration report.- (1) (a) As soon as may be after the first day of April in every year, and not later than such date as may be fixed by the Government, the municipal council shall submit to the Government through the Director a report on the administration during the preceding year in such form and with such details as may be prescribed. (b) If the Government makes any remark on the report, such remarks shall be forwarded to the council and the council shall be entitled within such time as the Government may fix to offer or make such explanation or observations as the council thinks fit. (2) The Commissioner shall prepare the report; the municipal council shall consider his report and forward it to the Government with its resolutions thereon, if any. (3) The report and the resolutions thereon, if any, shall be published in such manner as the council may, subject to the approval of the Government, direct. +[89-A. Obligation of Municipality to disclose required information.- Every Municipality shall maintain and publish all its records duly catalogued and indexed, in a manner and form which enables the Municipality under this Act to disclose the required information as specified in Part-A and Part-B of Schedule-XV and such other information as may be prescribed, at quarterly intervals. 89-B. Manner of disclosure.- The manner of disclosure shall include, namely:- (a) Newspaper in regional and English language; (b) Internet; (c) Notice-boards of the Municipality; (d) Ward Offices; (e) Any other mode, as may be prescribed by the Government from time to time.]. (b) Chairman and Councillors *90. Powers and functions of the Chairman.- The Chairman of the municipal council shall.- (a) make arrangements for the election of the Vice-Chairman; (b) convene the meetings of the municipal council; and * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974. + Inserted vide Act No. 1 of 2011 w.e.f 21.02.2011. 223 (c) perform all the duties and exercise all the powers specifically imposed or conferred on the Chairman by this Act. *91. Privileges of the Chairman regarding records and correspondence.- (1) The Chairman shall have full access to all the records of the municipal council and no official correspondence between the council and the Government shall be conducted except through the Chairman. (2) The Chairman shall be bound to transmit the communications addressed through him by the Commissioner to the Government or by the Government to the Commissioner. *92. Chairman to be member of every committee of the council.- The Chairman shall, by virtue of his office, be a member of every committee of the council. *93. Delegation and devolution of functions of Chairman.- (1) The Chairman may, by order in writing, delegate any of his functions to the Vice-Chairman. Provided that he shall not delegate any functions which the municipal council expressly forbids him to delegate. (2) If the Chairman has been continuously absent from jurisdiction for more than fifteen days or is incapacitated, his functions shall during such absence or incapacity, devolve on the Vice-Chairman: Provided that where the absence from jurisdiction of the Chairman is within the Union territory and is on business connected with the municipality, the Chairman’s functions shall not, except to the extent, if any, to which functions have been delegated by him under sub-section (1), devolve on the Vice-Chairman. (3) If the Vice-Chairman has also been continuously absent from jurisdiction for more than fifteen days or is incapacitated of if the office of Vice-Chairman is vacant, the Chairman shall, by order in writing, delegate any of his functions to any councillor who shall be styled “Chairman delegated” during the period of delegation: * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974. 224 Provided that.- (i) when an order of delegation made under this sub-section is in force, no further order of delegation of any functions shall be made in favour of any councillor other than the councillor in whose favour the order in force was made; (ii) no delegation under this sub-section shall without the special sanction of the council, be made for any period exceeding in the aggregate ninety days in any year; and (iii) every order made under this sub-section shall be communicated forthwith to the council and to the Director. (4)(a) The exercise or discharge of any functions delegated under sub-section (1) or sub-section (3) shall be subject to such restrictions, and conditions, if any as may be laid down by the Chairman and shall also be subject to his control and revision. (b) The Chairman shall also have power to control and revise the exercise or discharge of any functions developing on the Vice-Chairman under sub-section (2). *94. Presidency of council.- (1) Every meeting of the council shall be presided over by the Chairman; in his absence by the Vice-Chairman and in the absence of both the Chairman and the Vice-Chairman, by a councillor chosen by the meeting to preside for the occasion. (2) The Chairman shall preserve order and shall decide all points of order arising at or in connection with meetings. There shall be no discussion on any point of order and the decision of the Chairman on any point of order shall, save as is other wise expressly provided in this Act, be final. (3) (a) Where the conduct of a councillor or a member of a committee is in the opinion of the Chairman disorderly, he may direct that such councillor or member shall withdraw from the meeting of the council or the committee and such councillor or member shall thereupon withdraw and shall not be allowed to attend for the remainder of the day’s meeting. (b) If any councillor or member, who has been ordered to withdraw, continues to remain in the meeting, the Chairman may take steps to cause him to be removed. * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974. 225 Explanation.- In this section and in section 95 “Chairman” includes in the case of a meeting of the municipal council, a Vice-Chairman or councillor presiding for the occasion and in the case of a committee a councillor or other person presiding for the occasion. *95. Councillor when to abstain from taking part in discussion and voting.- (1) No councillor shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the council or of any standing committee or other committee if the question is one in which, apart from its general application to the public he has any direct or indirect pecuniary interest by himself or his partner. (2) The Chairman may prohibit any councillor from voting or taking part in the discussion of any matter in which he believes such councillor to have such interest, or he may require such councillor to absent himself during the discussion. (3) Such councillor may challenge the decision of the Chairman, who shall thereupon put the question to the meeting. The decision of the meeting shall be final. (4) If the Chairman is believed by an councillor present at the meeting to have any such pecuniary interest in any matter under discussion, he may, if a motion to that effect be carried; be required to absent himself from the meeting during such discussion. (5) The councillor concerned shall not be entitled to vote on the question referred to in sub-section (3) and the Chairman concerned shall not be entitled to vote on the motion referred to in sub-section (4). *96. Duties and powers of individual councilors.- (1) Any councillor may call the attention of the Commissioner to any neglect in the execution of municipal work to any waste of municipal property, or to the wants of any locality and may suggest any improvements which may appear desirable. (2) Every councillor shall have the right to move resolutions and to interpellate the Chairman on matters connected with the municipal administration subject to, such regulations as may be framed by the council. (3) Every councillor shall have access during office hours to the records of the council after giving due notice to the Commissioner provided that the Commissioner may, for reasons give in writing, forbid such access. * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974. 226 1 [97. Resignation of Chairman, Vice-Chairman or councilor.- (1) The Chairman of a municipal council may resign his office by giving a notice in writing addressed to the officer as may be specified by the Government in this behalf by notification, but the resignation shall not take effect until it is accepted by the Government. (2) The Vice-Chairman or any other councillor or any member of a standing committee may resign his office by giving notice in writing to the Chairman or in his absence to the Commissioner and such resignation shall take effect from the date on which it is received by the Chairman or the Commissioner as the case may be.] (c) Commissioner *98. Functions of the Commissioner. – (1) Notwithstanding anything contained in section 67 but subject to all other provisions of this Act and the rules made thereunder, the municipal council shall have power to issue such specific directions as it may think fit regarding the performance by the Commissioner of any of the functions assigned to him under this Act. (2) The Commissioner shall.- (a) be bound to give effect to every resolution of the municipal council, unless such resolution is modified, suspended or cancelled by the Government or the Director: Provided that if in the opinion of the Commissioner any resolution contravenes any provision of this Act or any other Act, or of any rule, notification, bye-law or regulation made or issued under this Act or any other Act, or of any order passed by the Government, he shall, within seven days of the passing of the resolution, refer the matter to the Government for orders and inform the municipal council of the action taken by him at its next meeting; (b) furnish to the municipal council such periodical reports regarding the progress made in carrying out the resolutions of that body and in the collection of taxes as the municipal council may direct and furnish such other reports as the Government may, by general or special order, require him to furnish to the Government; and * The section came into force w.e.f 26.01.1974.