Chapter III - CONDUCT OFBUSINESS Transaction of Business by the Corporation

The Corporation shall meet at least once in every two months and every Committee shall meet at least once in every month for the transaction of its business. 28.

Convening of meetings.- (a) A meeting of the Corporation shall be either ordinary or special, (2) The date of every meeting except the meeting referred to in Sections 18 and 23-A shall be fixed by the Speaker with the consent of the Mayor or in the event of his being incapable of acting by the Mayor: Provided that if the date of the meeting is not fixed by the Speaker or the Mayor, as the case may be, the Municipal Commissioner shall fix the date of the meeting under intimation of the State Government. (3) Subject to the provisions of Section 18 or 23-A or 24, notice of every meeting specifying the time and place thereof and the business to be transacted there at shall be dispatched to every Councillor and exhibited at the Municipal Office severn cleat days before and ordinary meeting and three clear days before a special meeting: Provided that if the n otice other than a n otice of meeting under Section 18 or 23-A or 24 has been exhibited at the Municipal Office, failure to serve it on any Councillor shall not affect the validity of a meeting. (4) No business other than that specified in the notice relating thereto shall be transacted at a meeting except with the consent of two-third of the members present. (5) Commissioner shall prepare the list of the business (agenda) to be transacted in the meeting as mentioned in sub-psection (3) and submit it to the Mayor for approval. The Mayor shall approve the agenda and send it to the Speaker. The Speaker shall arrange to send the same along with the notice of meeting to the Councillors.

Power of Speaker and Mayor to call Special Meeting.- The Speaker or in the event of his being in capable of acting the Mayor, may, whenever he thinks fit, call a special meeting and shall be bound to do so within two weeks of the receipt of written requisition signed by the not less than one-third of the total number of elected Councillors. Provided that if on receipt of requisition the special meeting is not convened within the stipulated time by the speaker or the Mayor, as the case may be, the Municipal Commissioner shall convene such meeting uunder intimation to the State Government.

Any meeting of the Corporation may, with the consent of a majority of the elected Councillors present, be adjourned from time to time, to a later hour on the same day or to any other date; but no business other than that left over at the adjourned meeting shall be transacted at the next meeting.

Public to be admitted to the meeting of Corporation.- The meeting of the Corporation shall ordinarily be open to the public: Provided that the presiding authority may either suo-moto or on the suggestion of any member exclude the public from a meeting temporarily or otherwise:

Chairman of Meeting.- (1) At the meeting of the Corporation, except the meeting referred to in sections 18 and 23-A the Speaker if present shall preside. (2) If the Speaker is absent from the meeting of the Corporation, one of the Councillors in order of the names as exist in the panel referred to in sub-section(2) of section 23 shall preside. (3) If the Councillors as aforesaid are also absent, the elected Councillors shall choose one of them to preside. (4) In the case the equality of votes, the person presiding at the meeting shall have a casting vote.

(1) The quorum for a meeting of the Corporation shall be one-third of the total number of Councillors. (2) If at any time in a meeting there is no quorum, the presiding authority shall adjourn it to such time or date as he thinks fit and announce then same at once; and the business set down for the meeting shall be brought forward at the subsequent meting, whether at such meeting there is a quorum or not. (3) No business other than the business fixed for the original meeting shall be transacted at such subsequent meeting. (4) A notice of adjournment exhibited in the municipal office on the day on which the meeting is adjourned shall be sufficient notice of the subsequent meeting.

(1) No Councillor shall vote or take part in the discussion of any matter before a meeting in which he has directly or indirectly, by himself or his partner, any share or interest in any contract, grant or employment with, by or on behalf of, the Corporation.. (2) If a Councillor has any pecuniary interest direct or indirect in any contract, or proposed contract or other matter, and is present at a meeting of the Corporation or Mayor-in- Council at which the contract or other matter is the subject of consideration, he shall at the meeting as soon as practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any question with respect to the contract or other matter: Provided that this section shall not apply to an interest in the contract or other matter which a Councillor may have as a tax-payer or inhabitant of the City, or as an ordinary consumer of electricity or water, or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods is offered to the public. (3) For the purpose of this section a person shall (subject as hereinafter in this sub-section provided) be treated as having indirectly a pecuniary interest inn a contractor other matter, if- (a) he or any nominee of his is a member of a 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 other matter under consideration; (b) he is partner, or member of the joint Hindu family or is in the employment of a person with whom the contract is made or is proposed to be made or who has a direct pecuniary interest, in the other matter under consideration: Provided that- (i) this sub-section shall not apply to membership of, or employment under, any public body; (ii) a member of a company or other body shall not, b y reason only of his membership, be treated as being so interested if he has no beneficial interest in any shares or stock of that company or other body; (iii) no person shall be deemed to have any share or interest in a contract, grant or employment by reason only of his having any share or interest in- (a) any lease, sale or purchase of land or any agreement for the same; or (b) any agreement for the loan of money or any security for the payment of money only; or (c) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted; or (d) any joint stock company which may enter into contract with or be employed by the Commissioner on behalf of the Corporation. (e) the occasional sale of the Commissioner on behalf of the Corporation to a value not exceeding in any one official year Five hundred rupees, of any article in which he regularly trades.

(1) The presiding authority shall preserve order and may direct any Councillor whose conduct is in his opinion disorderly to withdraw immediately from the meeting of the Corporation, and any Councillor so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the days meeting, and if he is ordered a second time within 15 days to withdraw, the presiding authority may suspend him for any period not exceeding 15 days and he shall absent himself from meeting accordingly: Provided that the presiding authority may remit the suspension on receiving apology to his satisfaction from the Councillor under suspension: Provided also that the suspension shall not prevent any Councillor from serving on any Committee. (2) The presiding authority may in case of grave disorder arising in the meeting suspend the meeting for a period out exceeding three days. (3) If any person who has been ordered to withdraw, unlawfully remains in the meeting , the presiding authority may take such steps as he may deem fit to cause him to be removed.

(1) there shall be a Mayor-in-Council for every Corporation which shall be constituted by the Mayorfrom amongst the elected Councillors within seven days from the date of election of Speaker under Section---- (2) The Mayor-in-Council shall consist of the Mayor and not less than 5 and not more that 10 members in every Corporation: Provided that all members shall be nominated by the Mayor from amongst the elected Councillors of the Corporation and out of which at least one member from Scheduled Caste or Scheduled Tribes, one member from Other Backward Classes and one member from women category shall be nominated. (3) The members of the Mayor-in-Council shall hold office during the pleasure of the Mayor. (4) Each Corporation shall have such departments as may be prescribed and member of the Mayor-in-Council may be made incharge of such department as may deem fit by the Mayor. (5) The Mayor shall be the ex-officio Chairman of the Mayor-in-Council and shall preside over the meetings of the Mayor-in-Council, if present. In the absence of the Mayor, the members present in the meeting shall choose one of them to preside over the meeting. (6) Notwithstanding anything contained in this Act, the Mayor-in-Council, Mayor and the members shall exercise such powers and perform such functions as may be prescribed. (7) The functions and the conduct of business of the Mayor-in-Council shall be such as may be prescribed. (8) In case the office of the Mayor is declared vacant under this Act, the Councillor nominated by the Government under sub-section (2) of Section 21 to perform the duties of the Mayor or a person who is elected for the office of the Council to continue or appoint new members in place of them from amongst the elected Councillors. 38. Omitted 39. Omitted 40. Omitted 41. Omitted 42. Omitted 43. Omitted 44. Omitted

Madhya Pradesh* Municipal Corporation Act, 1956 26 | P a g e

The Mayor-in-Council may appoint one or more sub-committees from amongst its members, which shall consist of such number of members as it may fix and may refer to it any matter pending before it for enquiry and report or opinion.

(1) After the first meeting of the Corporation under section 18, the Speaker shall constitute an advisory committee for every Department of the Corporation from amongst the elected Councillors other than the Councillors included as member in the Mayor-in-Council under section 37 to advice in the affairs of the department concerned. (2) Each Advisory Committee shall consist of 9 members in case of a Municipal Corporation having sixty or more wards and seven members in case of corporation having less than sixty wards. (3) The member of the Mayor-in-Council incharge of the department shall convene the meeting of the advisory committee of the department concerned at least once in every two months and shall preside over such meeting.

Reference by Mayor.- (1) The Mayor may refer to any Committee appointed under section 46 for enquiry andn report or opinion any matter relating to that Committee. (2) The Corporation may, by a specific resolution passed by the votes of not less than two-third of the total number of elected Councillors, delegate any of its powers and functions to the concerned Committees mentioned in Section 46. (3) Any Committee mentioned in Section 46 may appoint one or more sub-committees fron amongst its members consisting of such members as it may decide, and may refer to it for enquiry and report or opinion any matter pending before it. (4) Every Committee appointed under section 48 shall at its first meeting elect one of its elected Councillors to be its Chairman.

The Corporation may also appoint from time to time and for such period as it may think fit, special committees, consisting of such number of Councillors as it may think fit, and may refer to such committees for inquiry and report, or for opinion, any matter relating to the purpose of this Act. 48-A Constitution and Composition of Wards Committees- There shall be constituted Wards Committees within the territorial area of a Municipal Corporation having a population of three lakhs or more. The Wards Committee shall be constituted within thirty days from the date of election of Speaker under sub-section (1) of section 18:- Provided that the Corporation having a population of less than three lakhs may also constitute wards committees in its territorial area. (2) The number of wards Committees in a Corporation shall be equal to the population of the Municipal area divided by one lakh. Provided that fractions less than half shall be omitted and the fractions equal to half or more shall be rounded off to the next whole number. (3) The number of wards included in the territorial area of Wards Committees of the Corporation shall, as nearly as possible be equal. (4) The Corporation shall be competent to determine the territorial area of the Wards Committees: Provided that the wards included in the territorial area of a Wards Committee shall be contiguous. (5) Every elected Councillor representing a ward within the territorial area of a Wards Committee and two persons residing within the territorial area of such Wards Committee as may be nominated by the Mayor shall be the members of that Committee: Provided that only a person who is otherwise not ineligible for election as a Councillor shall be so nominated. Provided further that only persons having special knowledge or experience in the municipal administration shall be nominated on the recommendation of the Chairman of the ward s Committee and the persons so nominated shall not have voting rights in the meetings of the Wards Committee. (6) The Wards Committee shall, as its first meeting in the prescribed manner elect one of the elected Councillors to be its Chairman who shall hold office until the duration of the Municipal Corporation. Provided that where the Speaker is a member of any Wards Committee the Speaker shall be the ex-officio Chairman of such Wards Committee. (7) The State Government shall prescribe, the functions, and power of Wards Committees and the procedure for the conduct of their business. 48-B. Constitution and Composition of Mohalla Committees- (1) In every Municipal area which is notified by the State Government in this behalf, the Mohalla Committees shall be constituted within three months from the date of notification. (2) The number of Mohalla Committees and the number of members shall be such as the State Government may by order prescribe from time to time. (3) The elected Councillor of Ward concerned shall be a member in all the Mohalla Committees within the territorial area of any ward. (4) The Corporation shall be competent to determine the territorial area of Mohalla Committees. Provided that the Mohallas included in the territorial area of any Mohalla Committee shall be contiguous. (5) The State Government shall prescribe the functions and powers of the Mohalla Committees and the procedure for the conduct of their business.

The quorum for the meeting of the Mayor-in-Council or any other Committee appointed under section 46 or 48 shall be on behalf of total number of its members.

Except as otherwise provided by or under this Act all questions brought before any meeting held under this Act shall be decided by majority of the votes of the Mayor and elected councilors present and in the case of an equality of votes the presiding authority of the meeting shall have a second or casting vote: Provided that in the case of equality of votes in the election of the Speaker, or the Chairman of any Committee, the presiding authority shall not exercise his casting vote, and the result shall be decided by lot. 50-A. Removal of Member of a Committee- The Corporation may remove any member of a Committee by a majority of at least two-thirds of the elected Councillors, on the recommendation of such committee, and may elect a new member in its place, in accordance with the provisions of this Act.

No act or proceedings of the Corporation or of any Committee appointed under this Act, shall be questioned on account of any vacancy in the membership or any defect in the election or qualification of the Mayor,(Speaker), presiding authority, any Councillor or member there of, or any defect or irregularity in any such act or proceeding not affecting the merits of the case.

Until the contrary is proved- (i) every meeting of the Corporation or any Committee shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have been duly qualified, when the minutes of the meeting have been signed in accordance with the provisions of this Act; and (ii) where the meeting is a meeting of any Committee, such Committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

(1) Minutes of the proceedings of every meeting of the Corporation, Mayor-in-Council or any committee shall be recorded in the following manner:- (i) In case of meeting of the Corporation the Municipal Commissioner and in case of meeting of the Mayor-in-Council or any of the Committee, the officer incharge shall arrange to record the minutes in accordance with the decision taken in the meeting on any subject just after a decision isd taken on such subject, (ii) The minutes of the proceedings recorded shall include:- (a) the names of the councilors present; (b) if the decision on any subject is n ot unanimous, the names of the councilors who have voted for and against such decision and the names of those who have remained neutral. (c) the mode of voting followed in taking decision i.e. by secret ballot or otherwise. (iii) As soon as the business of the meeting is over, the Municipal Commuissioner or the officerin-charge, as the case may be, shall submit the minutes in the meeting for confirmation and after having confirmed, the Speaker or Chairman, as the case may be, of the meeting and the Municipal Commissioner or officer-in-charge, as the case may be, shall jointly sign, theminutes. (2) If the minutes are n ot confirmed due to any reason in the meeting the proposal to confirm the minutes shall be submitted in the next meeting. (3) In case of minutes relating to Corporation meeting a copy of the minutes shall be sent by the Municipal Commissioner to the Mayor, Speaker, and every Councillor and in case of meeting of the Mayor-in-Council or any committee, the officer-incharge shall send the copy of the minutes to the chairman and members of such committee. (4) The copy of the minutes or any of its portions may be obtained by any person on payment of such fee as may be prescribed by the Municipal Commissioner. (5) A copy of the minutes of every meeting of the Corporation shall be sent by the Municipal Commissioner to the State Government and a copy of the same shall be pasted at the notice board of the Corporation within seven days from the date of confirmation of minutes. Chapter- IV MUNICIPAL OFFICERS AND SERVANTS

(1) The Commissioner for the Corporation shall be appointed by the Government for a renewable period not exceeding five years. (2) It shall be forthwith removed from office if at a meeting of the Corporation not less than three-fourths of the total number of elected councilors vote in favour of a proposition in this behalf; and he may be removed by the Government at any time if it appears to the Government that he is incapable of performing the duties of his office or has been guilty of any mis-conduct or neglect which renders his removal expedient:

The Power of Commissioner.- The Commissioner shall be the Principal executive officer of the Corporation and all other officers and servants of the Corporation except in case of Municipal Corporation the servants and officers of the Corporation office shall be subordinate to him.

Salary of Commissioner.- (1) The Commissioner shall receive such monthly salary and such monthly allowances as the Government may, from time tot time determine. (iii). Subject to the provisions of sub-section (1), the condition of service of a person appointed as a Commissioner, who holds a lien on a post under the Government during the tenure of his aforesaid appointment, shall be such as may be laid down by the Government and in any other case they shall be such as may laid down by byelaws framed by the Corporation.

(1) The Government may in consultation with the Municipality grant leave of absence to the Chief Executive Officer. (ii) During the absence on leave of the Chief Executive Officer the Government shall appoint a person to act as the Chief Executive Officer. (iii) Every person so appointed shall exercise the powers conferred and perform the duties imposed on the Chief Executive Officer by this Act or by any other enactment for the time being in force, and shall be subject to the same liabilities, restrictions and conditions to which the Chief Executive Officer is liable and shall receive such monthly salary and allowances, as the Government may determine.

(1) Subject to the rules made by the State Government in respect of the Set-up, Strength, Recruitment, Appointment, Pay-Scales, Allowances and other conditions of service of officers and servants of the Corporation, the corporation shall appoint such officers and servants as may be necessary for the efficient performance of the functions of the Corporation: Provided that- (i) the power of appointing any person on a municipal post which carries a maximum scaloe of pay as the State Government may, from time to time, by an order in writing specify, shall vest in the Mayor-in-Council or the Commissioner; (ii) any appointment made within his power by the Commissioner shall be reported for information to the Mayor-in-Council. (iii) every appointment to be made by the Mayor-in-Council shall be subject to the prior confirmation of the State Government. The decision of the State Government in this behalf shall be final. (2) Notwithstanding anything contained in sub-section (1), in emergent situations, the Mayor-inCouncil may make adhoc appoiontments for a period not exceeding six months, with prior permission of the State Government. (3) The State Government may despute to any post under the corporation carrying maximum scale of pay as the State Government may, from time to time, by an order in writing specify such servants of the State Government as it may consider necessary. (4) The terms and conditions of deputation of servants of the State Government, including disciplinary control shall be such as may be prescribed. (5) Notwithstanding anything contained in this Act or any rules or bye-laws made there under, the State Government may, subject to the conditions specified in sub-section (6) transfer on deputation (any officer or servant of a Municipal Corporation) to any other Maunicipal Corporation and itn shall not be necessary for the State Government to consult either the Corporation or the Officer or Servant concerned before passing an order of transfer on deputation under this sub-section. (6) The officer or servant transferred under sub-section (5) shall- (a) have his lien on the post held in the parent Corporation; (b) not be put to disadvantageous position in respect of pay and allowances which he would have been entitled to had he continued inn the parent Corporation; (c) be entitled to deputation allowance at such rate as the State Government may by general order specify; and (d) be governed by such other terms and conditions including disciplinary control as the State Government may, by general or special order, specify. Explanation :- for the purpose of sub-section (3) & (4) - i.e. 1. "Town and Country Development Authority" means the Town and Country Development Authority constituted under section 38 of the Madhya Pradesh* Nagar tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) ; 2. "Government undertaking" means an undertaking wholly are partly owned or control by the State Government.

(1) No person shall be eligible for employment as a Municipal Officer or servant if he- (a) has directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by or on behalf of the Corporation, other than an interest in land held on a lease from the Corporation, or is a Director, Secretary, Managewr or other salaried officer of an incorporated company which has any such share or interest; or (b) has acted or is acting professionally in relation to any matter on behalf of any person having therein any such share or interest as aforesaid. (2) If any Municipal Officer or servant acquires, directly or indirectly by himself or by his partner any share or interest as aforesaid, otherwise than as such officer or servant, he shall cease to be a Municipal Officer or servant, and his office shall become vacant. (3) Nothing in the foregoing sub-sections shall apply to any such share or interest as, under section 35 it is permissible for a Councillor to have without being thereby prohibited from voting or taking part in the discussion of any matter.

(1) Any Municipal officer or servant may be discharged,- (a) during a period of probation; (b) if appoointedd otherwise than under contract to hold a temporary appointment, on the expiration of the period of the appointment; (c) if engaged on contract, in accordance with the terms of the contract; or (d) on account of the abolition of the post held by him or on account of a reduction in the strength of a cadre of Municipal officers and servants. (2) The following penalties may for good and sufficient reasons be imposed upon any municipal officer or servant:- (i) censure; (ii) withholding of increment or promotion, including stoppage at an efficiency bar; (iii) reduction to a lower time-scale or to lower stage in a time-scale; (iv) recovery from pay f the whole or part of any pecuniary loss caused to the Corporation by negligence or by breach of orders; (v) fine to be deducted from salary; (vi) reduction in rank; (vii) removal from the service of the Corporation which ordinarily disqualify from the future employment. (viii) dismissal from the service of the Corporation which ordinarily disqualify from the future employment: Provided that a dismissed municipal officer or servant may be re-employed by the Corporation with the special sanction of the Government. Explanation- The penalty of removal may be inflicted upon a Municipal officer or servant either for misconduct not sufficiently grave to justify dismissal or onaccount of general unfitness for the duties of his office. (3) If a municipal officer or servant- (a) has been engaged on a written contract, he shall be entitled to notice or salary in lieu of notice in accordance with the terms of that contract; (b) has been engaged on a written contract, he shall be entitled to one month‘s notice of the termination of his services or one month‘s salary in nlieu of notice. (4) Municipal Officers and servants discharged during the period of probation or on the expiration of the period of a temporary appointment, shall not be entitled to any notice or salary in lieu of notice. (5) No penalty mentioned in sub-section(2) above shall be imposed upon any municipal officer or servant by order of any authority subordinate to that which makes appointment to the post he holds at the time of the order and unless he has been given a reasonable opportunity of showing cause against the imposition of such penalty. (6) No penalty mentioned in clause (vi), (vii) and (viii) of sub-section (2) shall be imposed upon any municipal officer or servant appointed by the Mayor-in-Council without the previous consultation with the State Government: Provided that in case of any difference of opinion between the Mayor-in-Council and the State Government the matter shall be laid before the Corporation. If the Corporation agrees with the State Government the order shall be made accordingly. In other cases a reference shall be made by the Corporation to the Government whose decision shall be final. (7) Any Municipal officer or servant who is discharged during the period of probation or on whom a penalty is imposed under sub-section (2), may appeal to such authority within such period and in such manner as may be prescribed. (8) Omitted .

The Corporation may give an extra ordinary pension gratuity or compassionate allowance in accordance with the rules or byelaws framed in this behalf- (a) to any municipal officer or servant injured in the execution of his duty; or (b) to the family or other relatives dependent on any municipal officer or servant who is killed in the execution of his duty, or whose death is due to devotion to duty or who dies during service: Provided that the extra-ordinary pension, gratuity or compassionate allowance paid to a municipal officer or servant shall in no circumstances executed that payable to a person of similar rank or position in the service of the Government.

Any municipal officer or servant who has been sentenced by a criminal court to imprisonment for an offence punishable with imprisonment for a term exceeding six months and involving moral turpitude shall, if such sentences is not set aside or reversed in appeal or revision and if such officer or servant shall not have been dismissed cease to be a municipal officer or servant on such conviction and the Corporation shall not re-instate or re-employ any such officer or servant without the previous sanction of the Government.

(1) Any municipal officer or servant occupying any municipal premises- (a) shall occupy the same, subject to such conditions and terms as may be prescribed by the Commissioner; and (b) shall, notwithstanding anything contained in any law for the time being in force, vacate the same on his ceasing to be in the service of the Corporation, or whenever the Commissioner thinks it necessary and expedient to require him to do so. (2) If any person who is bound or required under sub-section (1) to vacate any premises, fails to do so the Commissioner may order such person to vacate such premises and may take such measures as will prevent him from remaining on or again entering in the premises.

No essential officer or servant shall- (a) unless he is authorized in that behalf by the terms of his contract, resign his appointment or quit his employment without giving written notice, not less than one month previously, to the authority appointing him, of his intention so to do; or (b) Absent himself from duty otherwise than on leave duly granted and not subsequent cancelled; or (c) neglect or refuse to perform any of the duties or willfully perform them in an inefficient manner.

If the Government is of opinion that the stoppage or the cessation of the performance of any of the essential services will be prejudicial to the safety or health or the maintenance of the services essential to the life of the community in the city, it may, by notification in the Gazette, declare that an emergency exists in the city and that in consequence thereof no member of such of the essential services and for such period as may be specified in the notification shall, notwithstanding any law for the time being in force, or any agreement, (a) withdraw or absent himself from his duties otherwise than on leave duly granted, or (b) neglect or refuse to perform his duties or willfully perform them in an inefficient manner. Chapter -V POWER, DUTIES AND FUNCTIONS OF THE MUNICIPAL AUTHORITIES Obligation and Discretionary Duties of the Corporation

(1) The Corporation shall make adequate provision, by any means or measures which it may lawfully use or take, for each of the following matters, namely:- (a) lighting public streets, places and buildings. (b) cleaning 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 corporation or not; removing noxious vegetation, and abating all public nuisances; (c) disposing of night soil and rubbish and, if so deemed desirable, preparation of compost manure from night soil and rubbish; (d) the maintenance of the fire brigade for extinguishing fire, and protection of life and property when fires occur; (e) regulating or abating dangerous or offensive trades or practices; (f) removing obstructions and projections in public streets and places, and in spaces not being private property, which are open to the enjoyment of the public whether such spaces are vested in the Corporation or the Government; (g) establishing and managing cattle ponds; (h) securing or removing dangerous buildings or places; (i) acquiring and maintaining, changing and regulating places for the disposal of the dead and disposing of unclaimed dead bodies of paupers, (j) constructing, altering and maintaining public streets, culverts and Corporation boundary markets, latrines, urinals, drains, sewers and providing public facilities for drinking water; watering public streets and places; (k) the management and maintenance of all municipal water works and construction and maintenance of new work and means for providing a sufficient supply of suitable water for public and private purposes; (l) the erection in proper and convenient situations on municipal land of water closets, closet accommodation, urinals, and other conveniences for the public and the maintenance and the cleansing of the same; (m) the construction and the maintenance of public market and slaughterhouses and the regulation of all markets and slaughter houses; (n) Omitted (o) the maintenance of an ambulance service; (p) naming streets and numbering houses; (q) registering births, marriages and deaths; ® public vaccination; (s) establishing and maintaining primary schools; (t) taking measures to prevent the out-break, spread or recurrence of infectious diseases; (u) the maintenance of municipal office and of all public monuments and other property vested the Corporation; (v) provision of traffic signs; (w) printing and publishing such annual reports and returns on the administration of the Corporation as the Government may by general or special order, require the Corporation to submit; (x) the maintenance of public park, gardens, recreation grounds, public places and open spaces in existence and vested in the Corporation. (y) fulfilling any obligation imposed by the act or any other law for the time being in force; (z) construction and maintenance of veterinary dispensaries; (2) No suit for damages or for specific performance shall be maintainable against the Corporation or any officer or Councillor thereof, on the ground that any of the duties specified in sub-section(1) have not been performed.

In addition to the other powers and duties, conferred or imposed on it by or under this Act or any other Act for the time being in force, the Corporation may in its discretion provide from time to time either wholly or partly for all or any of the following matters, namely :- (a) reclaiming healthy localities , laying out, whether in areas previously built upon or not, new public streets, and acquiring land for that purpose, including plots or land for building to abut on such streets; (b) constructing , establishing or maintaining public parks or gardens, library, museums, halls, theatres, stadium , offices, sarais, rest houses and other public buildings; (c) constructing and maintaining residential quarters for municipal officers and servants; (d) construction, maintenance and cleansing of washing and bathing places; (e) furthering educational objects other than the establishment and maintenance of primary schools and making grants to educational institutions; (f) planting and maintaining road side and other trees; (g) taking a Census and granting rewards for information tending to secure the correct registration of vital statistics; (h) making a survey; (i) the destruction or the detention of ownerless dogs or stray pigs, or detention of animals causing nuisance; (j) securing or assisting to secure suitable places for the carrying on of offensive trades or practices; (k) supplying, constructing and maintaining pipe and other fittings for the supply of water to private premises from water works maintained by the Corporation; (l) Supplying, constructing and maintaining receptacles, fittings, pipes, and other appliances on or for the use of private premises for receiving and conducting the sewage thereof into sewers under the control of the Corporation; (m) fairs and exhibitions, or athletics or games competitions or tournaments; (n) constructing and maintaining such roads and buildings and other Government works as the Government may transfer to the Corporation; (o) organization and management of chemical or bacteriological laboratories for the examination on analysis of water, food or drugs, for the detection of disease or for researches connected with public health; and (p) the construction and maintenance in the public streets of drinking fountains for human beings and water-troughs for animals; (q) the prevention of cruelty to animals; (r) the playing of music in squares; gardens or other places of public resort; (s) the construction, purchase, organization, maintenance or management of tramways or motor transport facilities for the conveyance of the public ; (t) preparation and presentation of address to persons of distinction; (u) prevention of vagrancy; establishing and maintaining poor houses; (v) establishing and maintaining a farm or factory for the disposal of sewage; (w) organization and maintenance of maternity homes and infant welfare centres; (x) the organization , maintenance or management of institutions, for the care and training of blind, deaf, dumb or otherwise disable persons; (y) swimming pools, public wash houses, bathing places, and other institution designed for the improvement of public health; (z) dairies of farms within or without the city for the supply, distribution and processing of milk or milk products, for the benefit of the residents of the city; (aa) establishment and control of gwala colonies and cattle pens within or without the city; (bb) the purchase of any under taking for the supply of electric energy or gas or starting or subsidizing of any such undertaking; (cc) the acquisition and maintenance of grazing grounds within or without the city; (dd) granting rewards for information regarding the infringement of any provisions of the Act or of any other Acts, the enforcement of which is entrusted to the corporation by regulation or standing order there under; (cc) the construction and maintenance of sanitary stables for animals or vehicles , or garages; (ff) measures to meet any calamity affecting the public in the city; (gg) the regulation of lodging houses; and boarding houses in the city; (hh) the grant of loans for building purposes or for purchase of conveyance to municipal officers and servants , on such term and condition as may be prescribed by byelaws by the corporation; (ii) any other measures for welfare of municipal servants; (jj) contribution towards any public fund raised for the relief of human sufferings within the city or for the public welfare; (kk) establishing and maintaining pre-primary schools; (ll) establishing and maintaining public hospitals and dispensaries and carrying out other means necessary for public medical relief; (mm) any other matter likely to promote the public health, safety or convenience of the public; (nn) Urban planning including town planning; (oo) Regulation of land use and construction of buildings; (pp) planning for economic and social development; (qq) Urban forestry protection of the environment and promotion of ecological aspects; (rr) safeguarding the interests of weaker sections of society including the handicapped and mentally retarded ; and (ss) Urban poverty alleviation.

(1) The State Government may entrust either conditionally or unconditionally to the Corporation functions in relation to any matter specified in the Schedule or in relation to any other matter to which the executive authority of the State extends or in respect of which functions have been entrusted to the State Government by the Central Government and the Corporation shall be bound to perform these functions. (2) Where functions are entrusted to the Corporation under the section, the Corporation shall, in the discharge of these functions, act as an agent for the State Government. (3) where by virtue of the section powers and duties have been conferred or imposed as agency functions upon the Corporation, there shall be paid by the State Government to the Corporation such sum as may be determined by the State Government in respect of any extra costs of administration incurred by the Corporation in connection with the exercise of those powers and duties. (4) In so far as the Corporation is required to act under this section, it shall be under the general control of, and comply with such particular directions, if any as may, from time to time, be given to it by the State Government or any other authority appointed by the State Government in this behalf. (5) The State Government may, by order, place at the disposal of the Corporation, and the Corporation shall utilize, the services of such servants of the State or such classes of servants of the State as are employed in the City in connection with a matter entrusted to the Corporation under this section , and all such servants shall discharge their duties under the general supervision and control of the Commissioner;

Functions of several Municipal Authorities.- (1) The functions of the several municipal authorities shall be such as are prescribed in this Act. (2) Municipal Government of the city vests in the Corporation.- Except as otherwise expressly provided in this Act the Municipal Government of the city vests in the Corporation. (3) Special functions of the Commissioner.- Subject to the approval or sanction of the corporation or of the Standing Committee, whenever it is in this Act expressly sp directed and subject also to all other restrictions, limitations, and conditions imposed by this Act, the entire executive power for the purpose of carrying out the provisions of this Act vests in Commissioner who shall also- (a) perform all the duties imposed or conferred upon him by this Act; (b) prescribed the duties, and exercise supervision and control over the acts and proceedings of all municipal officers and servants other than the officers and servants of Corporation office and subject to the rules or byelaws for the time being in force, dispose of or questions relating to the services of the said officer and servants and their pay, privileges and allowances (c) on the occurrence of any accident of unforeseen event or on the threatened occurrence of any disaster, involving or likely to involve extensive damage to any property of Corporation or danger, to human and animal life, take such immediate action as the emergency shall appear to him to justify and require reporting forthwith to the Standing Committee or the Corporation, as the case may be, when he has done so, the action he has taken and his reasons for taking the same and the cost if any incurred or likely to be incurred inconsequence of such action and not covered by a current budget grant. (4) Municipal officers may be empowered to exercise the powers of Commissioners.-Any of the powers, duties of functions conferred or imposed upon or vested in the Principal Officer by this Act may be exercise, performed or discharged under the Principal Officer control and subject to his superintendence and to such conditions and limitations if any, as he may think with to prescribe, by any municipal officer whom the Principal officer may generally or specially empower in writing, in this behalf.

The Corporation may at any time call for any extract from any proceeding of any committee and for a return, statement, account or a report concerning or connected with any matter with which any such committee is empowered by this Act to be; and every such requisition shall be complied with by such committee without unreasonable delay.

(1) The Corporation may at any time require the Commissioner- (a) to produce any record, correspondence plan or other document which is in his position for under his control as Commissioner, or which is recorded or field in his office or in the office of any municipal officer or servant subordinate to him; (b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the Municipal Government of the city. (c) to furnish a report by himself, or to obtain from the head of a department subordinate to him and furnish, with his own remarks thereon, a report upon any subject concerning or connected with the administration of this Act or the Municipal Government of the city. (2) Except as provided in sub-section(3) every such requisition shall be complied with by the Commissioner without unreasonable delay and it shall be incumbent on every municipal officer and servant to obey any order made by the Commissioner pursuance of any such requisition. (3) If, on an y such requisition being made, the Commissioner shall declare that immediate compliance there with would be prejudicial to the interests of the Corporation of the Public, it shall be lawful for him to differ such compliance until a time not later than the second ordinary meeting of the Corporation after the shall have declared as aforesaid. If at such meeting, or any meeting subsequent there to, the Corporation shall repeat the requisition and it shall then still appear to the Commissioner, in expedient to comply therewith, he shall make a declaration to that effect. Thereupon it shall be lawfull for the Corporation to form a Committee consisting of the Mayor, one Councillor chosen by the Corporation and one member elected by the Standing Committee from among its members which shall engage to keep secret the existence and purpose of all such document and matters as may be disclosed to them except as provided in sub-section (3). The Commissioner shall be bound to make known and disclosed to the said committee all writings and matter within his knowledge or under his control or otherwise available to him and included within the said requisition. The said committee having taken cognizance of the information, writings and matters so laid before it shall determine by a majority of voters, whether or not the whole or any part, and which part if any of such matters ought to be disclosed to the Corporation or kept secret for a defined time. Such decision shall be conclusive and shall be reported to the Corporation at the next ordinary meeting thereof. At such meeting the Commission when called on to do so by the Corporation, shall produce any documents and make any report or statement that may be required in order to give effect to the decision of the Committee.

The exercise or performance by any municipal authority of any power conferred or duly imposed by or under this Act which is likely to involve expenditure shall, except in any case specified in the proviso to section 94 be subject to the following conditions, namely:(a) such expenditure, so far as it is to be incurred in the financial year in which such power may be exercised or duty performed, shall have been provided for under a current budget grant; and (b) if the exercise of such power or the performance of such duty involves, or is likely to involve expenditure for any period or at any time after the close of the said financial year, liability for such expenditure shall not be incurred without the sanction of the Corporation.

(1) Contracts by or on behalf of the Corporation shall be expressed to be made by the Commissioner in accordance with the following provisions:- (a) every such contracts shall be made on behalf of the Corporation by the Commissioner. (b) no such contract for any purpose which, in accordance with any provision of this Act, the Commissioner may not carry out without the approval or sanction of some other municipal authority, shall be made by him until or unless such approval or sanction has been duly obtained. (c) the Mayor-in-Council, the Mayor and the Commissioner may sanction any estimate or contract (including technical and administrative) involving such amount, as may be prescribed: Provided that whenever the amount of sanction exceeds, ten times of the amount which is prescribed for sanction by each of the aforesaid authorities it shall be reported by each such authority to the next superior authority i.e. by Commissioner to the Mayor, by the Mayor to the Mayor-in-Council and by Mayor-in-Council to the Corporation. (d) all other estimates or contracts shall be sanctioned by the Corporation. (2) The manner and procedure for giving contract shall be such as may be prescribed. (3) The corporation, in order to take assistance in technical or other matters, may engage the services of the qualified consultant. The qualification of the consultant and the procedure for the appointment of such consultant shall be subject to rules made in this behalf. Chapter - VI MUNICIPAL PROPERTY AND LIABILITIES 74. Omitted 75. Omitted

Madhya Pradesh* Municipal Corporation Act, 1956 41 | P a g e Chapter - VI MUNICIPAL PROPERTY AND LIABILITIES

All property movable and immovable and all interests of whatsoever nature or kind therein, vested in the Municipality of a City to which the provisions of this Act are applied with all rights of whatsoever description used, enjoyed or possessed by the municipality shall on such application vest in the Corporation of the City constituted under this Act.

(1) All property endowments and funds belonging to any public institution with the management, control and administration of which the Corporation is charged under the provisions of this Act or of any other enactment for the time being in force, shall vest in the Corporation in trust for the purposes to which such property, endowments and funds may lawfully be applied. (2) The Corporation may with the sanction of the Central Government, transfer to Central Government every property, endowments and funds so vested in it in trust under sub-section (1):

Acquisition of immovable property or easement by agreement.- (1) Whenever it is provided by this Act that the Commissioner may acquire or whenever it is necessary or expedient for any purpose of This Act that the Commissioner shall acquire, any immovable property. Such property may be acquired by the Commissioner on behalf of the Corporation by agreement on such terms and at such rates or prices, or at rates or prices not exceeding such maxima, as shall be approved by the Mayor-in-Council either generally for any class of cases or specially in particular case. (2) Whenever, under any provision of this Act the Commissioner is authorized to agree to pay the whole or any portion of the expenses of acquiring any immovable property, he shall do so on such terms, and at such rates or prices, or at rates or prices not exceeding such maxima, as shall have been approved by the Mayor-in-Council: Provided that no agreement for the acquisition of any immovable property under sub-section (1) or (2) at price exceeding one thousand rupees shall be valid until such agreement has been approved by the Corporation. (3) The Commissioner may, on behalf of the Corporation acquire by agreement any easement affecting any immovable property vested in the Corporation and the provisions of sub –sections (1) and (2) shall apply to such acquisition.

(1) Whenever the Commissioner is unable under Section 78 to acquire by agreement any immovable property or any easement affecting any immovable property or whenever any immovable property or any easement affecting any immovable property vested in the Corporation is required for the purposes of this Act, the Government may in its discretion upon the application of the Commissioner made with the approval of the Mayor-in-Council order proceedings to be taken for acquiring the same on behalf of the Corporation as if such property or easement were land needed for a public purpose within the meaning of the Land Acquisition Act, 1894. (2) The amount of the compensation awarded and all other charges incurred in the acquisition of any such property or easement shall, subject to all other provisions of this Act, be forthwith paid by the Commissioner and thereupon the said property or easement shall vest in the Corporation. (3) When any land is required for a new street or for the widening or improving of an existing street, the Commissioner may proceed to acquire, in addition to the land to be occupied by the street, the land necessary for the sites of the building to be erected on both sides of the streets, and such land shall be deemed to be required for the purposes of this Act. 79-A. Decision of claims to property by or against Corporation- (1) Where any immovable property or any right in or over any such property is claimed by or on behalf of the Corporation or by any person as against the Corporation, it shall be lawful for the Collector after formal enquiry, of which due notice has been given, to pass an order deciding the claim. (2) The Corporation or any person aggrieved by an order passed by the Collector under subsection (1) may, not withstanding anything contained in any law for the time being in force within one year from the date on which the Corporation or such person had due notice of such order institute a suit in any competent Civil Court to set aside such order to claim a relief consistent therewith. (3) If any such suit is instituted after the expiration of one year from the date on which the notice of such order has been given, such suit, shall be dismissed although limitation has not been set up as a defense. (4) the Collector may, by general or special order delegate the powers conferred on him under this Section to a Deputy Collector subordinate to him. (5) the formal enquiry referred to in this Section shall be conducted in accordance with the provisions of the Madhya Pradesh* Land Revenue Code, 1959 (20 of 1959). (6) A person shall be deemed to have had due notice of an enquiry or order under this section if notice thereof has been given in accordance with the provisions of the Madhya Pradesh* Land Revenue Code, 1959 (No. 20 of 1959).

(1) No streets, land, public places, drains or irrigation channels shall be sold, leased or otherwise alienated, save in accordance with such rules as may be made in this behalf.- (2) Subject to the provisions of sub-section (1)- (a) the Commissioner may, in his discretion, grant a lease of any immovable property belonging to the Corporation, including any right of fishing or of gathering and taking fruits, flowers and then like, of which the premium or rent, or both, as the case may be, does not exceed two hundred and fifty rupees for any period not exceeding twelve months at a time: Provided that every such lease granted b y the Commissioner, other than the lease of the class in respect of which the Mayor-in-Council has by resolution exempted the Commissioner from compliance with the requirements of this proviso, shall be reported by him to the Mayor-inCouncil within fifteen days after the same has been granted. (b) with the sanction of the Mayor-in-Council, the Commissioner may, by sale or otherwise grant a lease of immovable property including any such right as aforesaid for any period not exceeding three years at a time of which the premium , or rent, or both, as the case may be, for any one year does not exceed one thousand five hundred rupees; (c) with the sanction of the Corporation the Commissioner may lease, sell or otherwise convey any immovable property belonging to the Corporation. (3) The Commissioner may- (a) in his discretion dispose of by sale, letting out on hire or otherwise any movable property belonging to the Corporation not exceeding five hundred rupees in value; (b) with the sanction of Mayor-in-Council dispose of by sale, letting out on hire, or otherwise any immovable property belonging to the Corporation not exceeding five thousand rupees in value; (c) with the sanction of the Corporation, sell, out on hire or otherwise convey any movable property belonging to the Corporation. (4) The sanction of Mayor-in-Council or of the Corporation under sub-section (2) or sub-section (3) may be given either generally for any class of cases or specially in any particular case. (5) The foregoing provisions of this section shall apply to every disposal of property belonging to the Corporation made under, or for the purposes of this Act: Provided that(i) no property vesting in the Corporation in trust shall be leased, sold or otherwise conveyed in a manner that is likely to prejudicially effect the purpose of the trust subject to which such property is held; (ii) no land value of which may be prescribed shall be sold or otherwise conveyed without the previous sanction of the State Government and every sale or other conveyance of property vesting in the Council shall be deemed to be subject to the conditions and limitations imposed by this Act or by any other enactment for then time being in force.

A covenant concerning any immovable property for the purposes of this Act entered into with the municipality by the owner of such property or by any person to whom such property of the municipality has been transferred by sale or exchange shall be enforceable by the municipality against any person deriving title under the covenant or notwithstanding that the municipality is not in possession of or interested in any immovable property for the benefit of which the covenant was entered into, in like manner and to the like extent as if it has been possessed of or interested in such property. 81-A. Management of nazul lands.- (1) The Nazul lands transferred to the Corporation by the Government shall be managed in accordance with the byelaws made by the Corporation with the previous approval of the Government. (2) The Corporation may, with the previous approval of the Government from time to time, add, to vary or rescind the byelaws made under sub –section (1).

(1) Subject to any special reservation made or to any special conditions imposed by the Government, all property of the nature hereinafter in this section specified and situated within the city, shall vest in and be under the control of the Corporation, and with all other property which has already vested, or may hereafter vest in the Corporation, shall be held and applied by it for the purposes of this Act, namely:- (a) all public gates, tank, wells, markets, slaughter houses, manure and night-soil depots and public buildings of every description which have been constructed or maintained out of the municipal fund; (b) all public stream, rivers, springs, and works for the supply, storage and distribution of water for public purposes, and all bridges, buildings, engines, materials and things connected therewith or an appertaining there to, and also any adjacent land (not being private property) appertaining to any public tank or well; (c) all public sewers and drains, and all sewers, drains, culverts and water courses in or under any public street or constructed by or for the Corporation along side and public street, and all works materials and things appertaining thereto. (d) all dust, dirt, dugs, ashes, refuse, animal matter, or filth or rubbish of any kind, or dead bodies of animals, collected by the Corporation from the Streets, houses, privies, sewers, cesspools or elsewhere or deposited in places fixed by the Corporation; (e) all public lamps, lampposts and apparatus connected therewith or appertaining thereto; (f) all land or other property transferred to the corporation by the Government or acquired by gift, purchase or otherwise for local public purposes; (g) public streets, not being land owned by Government and pavements stone and other material thereof and also trees growing on , and erections, materials, implements and things provided for such streets; (h) all open lands which are neither the property of any person nor or the Government. (2) All property such as tank, playground, park, garden and other places meant for public utility vested in the Corporation shall neither be used for any other purpose nor be permitted to use for any other purpose by the Corporation.

(1) The Corporation shall maintain a register and a map of all immovable property of which it is the proprietor or which vests in it otherwise or which it holds in trust of the Government. (2) The Commissioner, after having demarcated every land, building establishment and plant etc. in the ownership of the Corporation, shall arrange to affix therein the boards showing that the said property is in the ownership of Corporation. (3) The Commissioner at each year in the budget meeting of the Corporation shall publish the details of all immovable property of the Corporation and send its copy along with the agenda to the members. (4) The Commissioner shall, from time to time, in order to save from encroachment on the property of the Corporation inspect and take action to remove the encroachment if found. 83-A. Custody and destruction of the record.- The State Government may prescribe the manner in which the record of the Corporation shall be maintained and kept in custody and also the manner and the procedure subject to which record shall be destroyed.

The Government may resume any immovable property transferred to the Corporation by itself or by any local authority, where such property is required for a public purpose, without payment of any compensation other than the amount paid by the Corporation for such transfer and the market value at the date of resumption of any building or works subsequently erected or executed thereon by the Corporation:

Management of public institutions- (1) The management, control and administration of every public institution maintained out of the municipal fund shall vest in the Corporation. (2) When any public institution has been placed under the direction, management and control of the Corporation, all property, endowments and funds belonging thereto shall be held by the Corporation in trust for the purposes to which such property, endowments and funds were lawfully applicable at the time when the institution was so placed: Provided that the extent of the independent authority of the Corporation in respect of any such institution may be prescribed by the Government; Provided also that nothing in this section shall be held to prevent the vesting of any trust property in the treasurer of charitable endowment under the Charitable Endowment Act, 1890.