Municipal Establishment Audit Commission

42. For the purpose of review of the existing establishment of the Municipalities Municipal in the State, and for fixing norms and standards of manpower for different tasks Establishment Audit performed at various levels of Municipalities, and for performance of similar Commission. other functions, the State Government may constitute a Municipal Establishment Audit Commission in such manner and consisting of a chairperson and such other members, and on such terms and conditions, as may be prescribed. D. Municipal Services Cadres 43. (1) The State Government may constitute cadres of common municipal Cadres of Common services for the State in respect of such officers of the Municipality referred to in Municipal Services, sub-section (i) of section-36 as may be determined by the Government from Appointments, etc. time to time.

1. (2) The Director of Local Bodies shall be the appointing authority of all officers borne in the cadres of common municipal services and shall be the authority to transfer such officers from one Municipality to another. E. Municipal Service Commission 44. Every Municipality may, and, if so directed by the State Government, shall, Municipal Service for the purpose of selection of its officers and other employees, constitute a Commission for Municipal service Commission in such manner, and consisting of a Chairperson Municipality. and such other members, and on such terms and conditions, as may be prescribed. 45. The State Government may, for selection of such officers and other employees of a Municipality as maybe prescribed, constitute- State Municipal a. a State Municipal Service Commission, and in such manner, consisting Service of a Chairperson and such other members, and on such terms and Commission. conditions, as may be Prescribed. E. State Municipal Vigilance Authority 46. (1) The State Government may, by notification, appoint a State Municipal State Municipal Vigilance Authority in such manner, consisting of a Chairperson and such other Vigilance Authority. members, and on such terms and conditions, as maybe prescribed, for inquiring into any complaint of corruption, misconduct lack of integrity or any other kind of malpractice or misdemeanour on the part of any officer or other employee of a municipality and for making recommendation to the Empowered Standing Committee.
2. (2) No Councillor and no officer or other employee of any Municipality shall be the State Municipal Vigilance Authority. Chapter-Vi Functional Domain of Municipalities 47. Every Municipality shall- Core
3. (1) (a) provide on its own or arrange to provide through any agency the following Municipal core municipal services:- Functions. i. water-supply for domestic, industrial, and commercial purposes, ii. drainage and sewerage, iii. solid waste management, iv. preparation of plans for economic development and social justice, v. communication systems including construction and maintenance of roads, footpaths, pedestrian pathways, transportation terminals, both for passengers and goods, bridges, over bridges, subways, ferries, and inland water transport system, vi. transport system accessories including traffic engineering schemes, street lighting, parking areas, and bus stops, vii. community health and protection of environment including planting and caring of trees on road sides and elsewhere, viii. markets and slaughterhouses, ix. promotion of educational, sports and cultural activities, and X. aesthetic environment, and
   • (b) Perform such other statutory or regulatory functions as may be provided by or under this Act or under any other law for the time being in force.
4. (2) The Municipality may, having, regard to its managerial, technical, financial and organizational capacity, and the actual conditions obtaining in the municipal area, decide not to take up or postpone, the performance of, any of the functions as aforesaid.
5. (3) The State Government may direct a Municipality to perform any of the functions as aforesaid, if such function is not taken up, or is postponed, by the Municipality.
6. (4) The Municipality may plan, build, operate, maintain or manage the infrastructure required for the discharge of any of the functions, as aforesaid either by itself or by any agency under any concession agreement referred to in section 167. 48. The Municipality may, subject to the underwriting of the costs by, and Functions approval of, the Central Government or the State Government, as the case may Assigned by be, undertake any function belonging to the functional domain and such Government functions may include primary education curative health, transport, and supply of energy, arrangements for fire prevention and fire safety, and urban poverty alleviation. 49. The Municipality may, having regard to the satisfactory performance of its Other functions. core functions which shall constitute the first charge on the Municipal Fund, and subject to its managerial, technical and financial capabilities undertake or perform, or promote the performance of ‘any of the following functions:-
7. (1) in the sphere of town planning, urban development and development of commercial infrastructure'- a. Planned development of new areas for human settlement, b. measures for beautification of the municipal area by setting up parks and fountains ‘providing recreational areas, improving riverbanks, and landscaping, c. collection of statistics and data, significant to the community, and d. integration of the development plans and schemes of the municipal area with the district or regional development plan, if any'
8. (2) in the sphere of protection of environment,- a. reclamation of waste lands, promotion of social forestry and maintenance of open spaces. b. establishment and maintenance of nurseries for plants, vegetables and trees and promotion of greenery through mass participation, c. organization of flower-shows and promotion of flower-growing as a civic culture, and d. promotion of measures for abatement of all forms of pollution;
9. (3) in the sphere of public health and sanitation,- a. mass inoculation campaigns for eradication of in factious diseases, b. construction and maintenance of municipal markets and slaughterhouses and regulation of all markets and slaughterhouses, c. reclamation of unhealthy localities, removal obnoxious vegetation and abatement of all nuisances, d. maintenance of all public tanks and regulating the re-excavation, repair and up-keep of all private tanks, wells and other sources of water- supply on such terms and conditions as the Municipality may deem proper, e. construction and maintenance of cattle pounds, f. provision for unfiltered water-supply for non-domestic uses, g. advancement of civic consciousness of public health and general welfare by organizing discourses, seminars and conferences, and h. measures for eradication of addiction of all kinds including addiction to drugs and liquor;
10. (4) in the sphere of education and culture,- a. promotion of civic education, adult education, social education and non- formal education, b. promotion of cultural activities including music, physical education, sports and theatres and infrastructure there for, c. advancement of science and technology in urban life, d. publication of municipal journals, periodicals and souvenirs, purchase of books and subscription to journals, magazines and newspapers, e. installation of statues, portraits and pictures in appropriate manner, f. organization, establishment and maintenance of art galleries and botanical or zoological collections ,and g. maintenance of monuments and places of historical, artistic and other importance;
11. (5) in the sphere of public welfare,- a. establishment and maintenance of shelters, in times of drought, flood, earthquake, or other natural or technological disasters, and relief works, for, destitute persons within the limits of the municipal area, b. construction or maintenance of, or provision of aids to , hospitals, dispensaries, asylums, rescue homes, maternity houses, and child welfare centres, c. provision of shelter for the homeless, d. implementation programmes for liberation and rehabilitation of scavengers and their families, e. organization of voluntary labour and coordination of activities of voluntary agencies for community welfare, and f. campaigns for dissemination of such information as is vital for public welfare; and
12. (6) in the sphere of community relations,- a. civic receptions to persons of distinction and paying homage on death to persons of repute, b. organization and management of fairs and exhibitions" and c. Dissemination of information of public interest. Chapter-ViI Conduct of Business A. transaction of Business of Municipality 50. (1) The Municipality shall meet not less than one every month of the Meetings. transaction of its business
13. (2) The Chief Councillor may, whenever he thinks and shall, upon a requisition in writing by not more than one- fifth of the Councillor, convene a meeting of the Municipality. 51. A list of business to be transacted at every meeting the Municipality, except Notice of Meetin at an adjourned meeting, shall be sent to the registered address of each and List of buses) councillor least seventy-two hours before the time fixed for sheeting, and no : business shall be brought before transacted at, any meeting other than the business which notice has been so given: Provided that any emergent business may brought before, and transacted in, the meeting with permission of the Chief Councillor: Provided further that any Councillor may see or deliver to the Municipal Secretary notice of are solution so as to reach him at least forty-eight hour before the time fixed for the meeting, and the Municipal Secretary shall, with all possible dispatch, take steps circulate such resolution to every Councillor in such manner as he may think fit: Provided also that no business, which has relevance to the business of the Municipality, shall brought before the Municipality. Explanation: - For the purposes of this section" registered address" shall be the address for the being entered in the register of addresses of Council, to be maintained by the Municipal Secretary. 52. (1) The quorum necessary for the transaction business at a meeting of the Quorum . for Lin . Transaction of Municipality shall one-fifth of the total number of Councillors. . Business at a
14. (2) If at any during a meeting of the Municipality there is no quorum, it shall be Meeting . of 7 . n . Municipality and the duty of the per presiding over such meeting either to adjourn meeting or to methods of decidin suspend the meeting until there is quorum. 9 questions.
15. (3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before such meeting shall be brought before’ and maybe transacted at, the adjourned meeting.
16. (4) All matters required to be decided at a meeting of the Municipality shall, save as otherwise provided in this Act, be determined by a majority of votes of the Councillors present and voting.
17. (5) The voting shall be by show of hands, provided that the Municipality may, subject to such regulations as may be made by it, resolve that any question, or class of questions, shall be decided by secret ballot.
18. (6) At any meeting of the Municipality, where a poll is taken on a resolution before it, the votes of all the Councillors present, the presiding officer of such meeting, shall declare such resolution to have been carried or lost, as the case may be, in accordance with the result of such Poll.
19. (7) At any meeting of the Municipality, unless a poll is demanded by at least one-tenth of the councillors present, a declaration by the presiding officer of such meeting that a resolution has been carried or lost in such meeting, and an entry to that effect in the minutes of the proceeding of such meeting shall, for the purposes of this Act, be conclusive evidence of the fact that such resolution has been carried or lost, as the case may be. Presiding Officer of a 53. (1) The Chief Councillor shall preside at every meeting of the Municipality: meeting of Municipality. Provided that when a meeting is held to consider a motion for the removal of the Chief Councillor, the Chief Councillor shall not preside at such meeting.
20. (2) The Chief Councillor, or the person presiding over a meeting of the Municipality, shall also Lave' and may exercise, a casting vote in all cases of equality of votes. 54. (1) The presiding officer of a meeting of the Municipality shall presence Maintenance of order thereat and shall have all the powers necessary for the purpose of order at a meeting of preserving such order. Municipality and withdrawal and
21. (2) The presiding officer of a meeting may direct are Councillor, whose conduct suspension of is, in his opinion grossly disorderly, to withdraw immediately from the meeting, Councillors. and every councillor so directed shall do so forthwith and shall absent himself during the remainder of the meeting.
22. (3) If any councillor is ordered to withdraw for a second time, the presiding officer may warn such Councillor of the action that may be taken and this sub- section and may thereafter if necessary suspend such Councillor from attending the meetings of the Municipality for any period ,exceeding sixty days, and the Councillor suspended shall absent himself accordingly: Provided that the Chief Councillor may at any time decide that such suspension be terminated: Provided further that a Councillor shall not so long as he is debarred from attending a meeting of the Municipality attend any meeting of any committee of Municipality.
23. (4) In the case of grave disorder arising in a meeting the presiding officer may, if he thinks necessary to do, adjourn the meeting to a date specified by him. 55. (1) If a Councillor has any pecuniary interest, direct indirect, in any contract Councillor having or proposed contract with or without employment under, or other matter, Pecuniary Interest in concerning the Municipality and is present at a such contract or of a committee any contract etc. thereof at where consideration, he shall, as soon as practicable at the contract with Municipality. or employment or other matter, a, shall not take part in the consideration or discuss. of, or vote on, any question with respect to such contract or employment or other matter: Provided that the provisions of this section shall not apply to a Councillor has interest as tax-payer or inhabitant of the municipal area or consumer of water or having an interest any matter relating to any civic service to the public.
24. (2) For the purposes of this section, a Councillor shall be deemed to have an indirect pecuniary interesting a contract or employment or other matter if he or his nominee is a member of any company or other body with which the contract is made or is proposed to be made or which has a direct pecuniary interest in the employment or other matter under consideration, or if he is a partner in a firm with which , or is in employment under a person with whom, the contract is made or is proposed to be made, or if such firm or person has a direct pecuniary interest in the employment or other matter under consideration: Provided that: i. the provisions of this sub-section shall not apply to a councillor who is a member of or is in employment under, any public institution or organization under any law for the time being in force, and ii. a Councillor shall not, by reason of his membership of a company or other body" be treated as having any pecuniary interest in such company or other body if he has no beneficial interest in any share or stock of such company or other body.
25. (3) In the case of a Councillor who is married and lives with his spouse, the interest of one shall be deemed, for the purposes of this section’ to be the interest of the other. Explanation -For the purposes of this section and section -56, “company” shall mean anybody corporate, and shall include a firm or other association of individuals. 56. (1) A Councillor may give to the Municipal secretary notice to the effect that Disclosure of he or his spouse is a member of a company or is a partner in a firm or is in the Pecuniary employment under a person, and if any contract made or is proposed to be Interest. made or firm or person, such notice shall, unless and unit is withdrawn, be deemed to be a sufficient disclosure of his interest in such contract ,proposed contract which may be the subject consideration at a meeting of the Municipality aft the date of the notice.
26. (2) The Municipal Secretary shall record in a book, be kept for the purpose, particulars of are disclosure made under subsection (1) of section 55 and of any notice given under sub section of this section, and the book shall be open at a reasonable hours for the inspection of an Councillor. 57. (1) Every meeting of the Municipality shall be open to the public, unless a Meeting to be majority of the Councillor present at the meeting decides by a resolution, which ordinarily open to shall be put by the presiding officer either on his own motion or at the request of public. any such Councillor that any enquiry or deliberation pending before the Municipality shall be held in private.
27. (2) The Municipality may make regulations providing for the admission of strangers to its meeting and, for the removal by force, if necessary, of an. stranger for interrupting or disturbing the proceedings of the meeting. 58. The Chief Municipal Executive Officer/ Municipal, Executive Officer, or any Right of the other officer of the Municipality authorized by him in writing in this behalf may Chief Municipal attend any meeting of the Municipality or of its committees. Executive Officer and Municipal Executive Officer and other officers to attend meeting of Municipality and committees etc. 59. A Councillor may, subject to provisions of subsection(2), ask the Empowered Standing Committee questions on any matter relating to the Right of Councillor to administration of the Municipality or municipal governance, and all such ask questions. questions shall be answered to the Empowered standing Committee and shall be answered either by the Chief Councillor or by any other member of the Empowered Standing Committee.
28. (2) The right to ask a question shal1 be governed byte following conditions, namely: - a. not less than seven working days' notice’ in writing, specifying the question shall be given to the Municipal Secretary; b. no question shall- i. bring in any name or statement not strictly necessary to make the question intelligible, ii. contain arguments, ironical expressions imputations, epithets or defamatory statements, iii. ask for an expression of opinion or the solution of a hypothetical proposition, iv. ask as to the character or conduct of any person except in his official or public capacity, v. relate to a matter which is not primarily the concern of the Municipality, vi. make or imply a charge of a Personal character, Vii. raise questions of policy too large to be dealt with within the limits of an answer to a question, viii. repeat in substance questions already answered or to which an answer has been refused, ix. ask for information on trivial matters, X. ask for information on matters of past history, Xi. ask for information set forth in accessible documents or in ordinary works or reference, Xii. raise matters under the control of bodies or persons not primarily responsible to the Municipality, or xiii. ask for any information on any matter which is under adjudication by a court of law.
29. (3) The presiding officer shall disallow any question, which is, in his opinion, in contravention of the provisions of sub-section (2).
30. (4) If any doubt arises whether any question is or is not in contravention of the provisions of subsection (2), the matter shall be decided by the presiding officer, whose decision shall be final.
31. (5) The Chief Councillor or any member of the Empowered Standing Committee shall not be bound to answer a question seeking information which has been communicated to him or to the Empowered Standing Committee in confidence or if, in his opinion, it cannot be answered without prejudice to the public interest.
32. (6) Unless otherwise directed by the presiding officer of the meeting every question shall be answered at a meeting of the Municipality. 60. (1) Any Councillor may give notice of raising discussion on a matter of Discussion on urgent public importance to the Municipal secretary, stating clearly the matter to Urgent public be raised. Matters.
33. (2) Such notice, supported by the signatures of at least two other Councillors, shall reach the Municipal Secretary at least forty-eight hours before the date on which such discussion is sought, and the Municipal secretary shall immediately place it before the Chief Councillor and circulate the notice among the Councillors in such manner as he may thinks fit.
34. (3) the Chief Councillor may admit for discussion such notice as may appear to him to be of sufficient public importance and allow such time for discussion as he may consider appropriate,
35. (4) There shall be no formal resolution or voting on such discussion. 61. (1) Any Councillor may ask for a statement from the Empowered Standing Asking for Statement Committee on an urgent matter relating to the administration of the Municipality from Empowered by giving notice to the Municipal Secretary at least one hour before the Standing commencement of the meeting of the Municipality on any day’ Committee.
36. (2) The Chief Councillor or a member of the Empowered Standing committee may either make a brief statement on the same day or fix a date for making such statement.
37. (3) Not more than two such matters shall be raised at the same meeting and, in the event of more than two matters being raised; priority shall be given to the maters which are, in the opinion of the Chief Councillor, more urgent and important.
38. (4) There shall be no debate on such statement at the time it is made. B. Minutes and Proceedings. 62. Minutes of each meeting of the Municipality and of a committee of the Keeping of Minutes Municipality recording therein the names of the Councillors present at such and Proceedings. meeting and the proceedings of each such meeting shall be laid before the next meeting of the municipality or such committee, as the case may be, and signed at such meeting by the Presiding officer thereof. 63. Minutes of the proceedings of each meeting of the Municipality shall be Circulation and circulated to all the Councillors and reasonable times, be available at the office Inspection of of Minutes the Municipality for inspection by any councillor, free of cost, and by Minutes. any other person on payment of such fee as the Municipality may determine. 64. (1) The Municipal Secretary shall forward to the State Government a copy of Forwarding of the minutes of the proceedings of each meeting of the Municipality or a Minutes to State committee of the Municipality as early as possible. Government.
39. (2) The State Government may, in any case, call for a copy or copies of all or any of the papers laid before the Municipality or any committee of the Municipality and, thereupon, the municipal Secretary shall forward to the State Government a copy or copies of such paper or papers. 65. The State Government may, by rules, provide for such matters, not provided Rules relating to in this Act, relating to the conduct of business of the Municipality or of its conduct of business committees, as it may deem necessary. of Municipality. C. Validation 66. (1) No act or proceeding of the Municipality or of any committee of the Municipality shall be called in question merely on the ground of- Validation of acts a. the existence of any vacancy in, or any defect, initial or subsequent, in and proceedings. the constitution of, the Municipality or any committee of the Municipality, or b. any councillor having voted or taken part inane proceeding in contravention of the provisions of section 55, or c. any defect or irregularity not affecting the merit of any case to which such defect or irregularity relates,
40. (2) Every meeting of the Municipality or any committee of the Municipality, the minutes of the proceeding of which have been duly signed under section - 62, shall be deemed to have been duly convened and be free from any defect or irregularity.