The Chhattisgarh Municipalities (Amendment) Act, 2003

1. (1) This Act may be called the Chhattisgarh Municipalities (Amendment) Act, 2003.
2. (2) It shall come into force from the date of its publication in the official gazette.

Amendment of Section 3.

1. (a) After sub-section (5-a) of section 3 of the Chhattisgarh Municipalities Act 1961 (No. 37 of 1961), hereinafter referred to as the Principal Act, following new definition shall be inserted, namely:- (5-b) "Collector" means the District Collector appointed by the State Government under Section 16 of the Chhattisgarh Land Revenue Code, 1959;
2. (b) After clause (10-a) of section 3 of the Principal Act, following new definition shall be inserted, namely:- (10-b) "Director" means the Director of urban administration and development, appointed by the State Government;

Amendment of Section 35. 5. After clause

1. (d) of section 35 of the Principal Act, following new clause shall be inserted, namely:-
2. (e) "has been disqualified under Section 32A".

Amendment of Section 38. 6. In sub-section

1. (1) of section 38 of the Principal Act for word "Councillor" the words "President or Councillor" shall be substituted. 7. After clause
   • (e) of sub-section
2. (1) of Section 38 of the Principal Act, following new clause shall be inserted, namely:-
   • (ee) "becomes disqualified for being chosen as and for being a President or Councillor under section 32-C." 8. In clause
   • (e) of subsection
3. (1) of Section 38 of the Principal Act for word "Councillor" the words "President or Councillor" and in clause
   • (f) for the word "Councillor" the words "President or Councillor" shall be substituted. 1. Short title, extent and commencement
4. (1) This Act may be called the Chhattisgarh Municipalities (Amendment) Act, 2019.
5. (2) It extends to the whole State of Chhattisgarh.
6. (3) It shall come into force from the date of its publication in the Official Gazette. 19. Amendment of Section 19 In sub-section
7. (1) of Section 19 of the Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961) ,-
   • (i) after proviso of clause (c), for the punctuation full stop ".", the punctuation colon ":" shall be substituted;
   • (ii) after proviso to clause (c), the following shall be added, namely :- " Provided further that if in the general election to the Municipalities and/or Nagar Panchayat, no person with disability has been elected, then the State Government shall nominate to such Municipalities and/or Nagar Panchayat, as the case may warrant, a person with disability, and the members with disability so nominated shall be in addition to the general members nominated under this clause. Explanation : Person with disability for the purpose of this proviso shall mean a person, as duly certified by a Government doctor, to have one or more of the disabilities included in the Schedule to the Rights of Persons with Disabilities Act, 2016 ( No. 49 of 2016 ) except for disabilities mentioned therein against serial numbers 2 (Intellectual disability) and 3 (Mental Behaviour)." 1. Short title, extent and commencement
8. (1) This Act may be called the Chhattisgarh Municipalities (Amendment) Act, 2019.
9. (2) It extends to the whole State of Chhattisgarh.
10. (3) It shall come into force from the date of its publication in the Official Gazette. 19. Amendment of Section 19 In sub-section
11. (1) of Section 19 of the Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961) ,-
    • (i) after proviso of clause (c), for the punctuation full stop ".", the punctuation colon ":" shall be substituted;
    • (ii) after proviso to clause (c), the following shall be added, namely :- " Provided further that if in the general election to the Municipalities and/or Nagar Panchayat, no person with disability has been elected, then the State Government shall nominate to such Municipalities and/or Nagar Panchayat, as the case may warrant, a person with disability, and the members with disability so nominated shall be in addition to the general members nominated under this clause. Explanation : Person with disability for the purpose of this proviso shall mean a person, as duly certified by a Government doctor, to have one or more of the disabilities included in the Schedule to the Rights of Persons with Disabilities Act, 2016 ( No. 49 of 2016 ) except for disabilities mentioned therein against serial numbers 2 (Intellectual disability) and 3 (Mental Behaviour)." 20. Amendment of Section 20 In the Principal Act, in Section 20, in sub-section (2), in clause (b), for sub- clause (iii), the following shall be substituted, namely:- "(iii) in the case of election of President by any Councilor;" 30. Amendment of Section 30 In the Principal Act, in Section 30, after clause (c), the shall be added, namely:- "(d) is not registered in any electoral roll related to a Panchayat or municipal area of a municipality: Explanation-1: For the Purpose of this Section ?anchayat shall have the same meaning as assigned to it in clause (m/iii) of Section 2 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No 1 of 1994): Explanation-2. For the Purpose of this Section "municipal area" shall have the same meaning as assigned to it in clause (34-a) of Section 5 of the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956)." 32. Amendment of Section 32 In the Principal Act, in Section 32,-
    • (i) in sub-section (1), the words "Presidents and" wherever they occur, shall be omitted.
    • (ii) In sub-section (2), the words "Presidents and" shall be omitted. 33. Amendment of Section 33 In the Principal Act, in Section 33,-
    • (i) the words "or President" shall be omitted;
    • (ii) for proviso, the following shall be substituted, namely:- " Provided that no Person shall vote more than once in any election of the Councilor." 34. Amendment of Section 34 In the Principal Act, in Section 34.-
    • (i) in sub-section (1), clause
    • (a) shall be omitted;
      • (ii) sub-section
    • (a) shall be omitted. 35. Amendment of Section 35 In the Principal Act, in Section 35,-
      • (i) the words "election nomination as a President or" shall be omitted;
      • (ii) In clause (dd), the words "is less than twenty-five years of age, in the case of a President and" shall be omitted.

1. (13) In the Principal Act, in Section 43,-
   • (i) in the heading, before the words "Vice President", the words "the President and" shall be inserted.
   • (ii) for sub-section (1), the following shall be substituted, namely:- "(1) The State Election Commission shall cause the election of President and Vice-President immediately after every election of Municipal Council and Nagar Parishad in such manner as may be prescribed. The elected members of the Council shall elect a President and a Vice-President in the prescribed manner, from elected members in its first meeting as specified in Section 55."
   • (iii) In sub-section (3), before the words "Vice President", the words "the President and" shall be inserted.

In the Principal Act, Section 47 shall be omitted.

"Section-55-A

1. (1) Every President and every Councillor shall beforetaking part in the election of Speaker in the first meeting of the Council/Nagar Panchayat before entering upon his office, as the case may be, shall make and subscribe in the presence of the concerned Sub- Divisional Magistrate an oath or affirmation in the follow in^ form:

In the Principal Act, in Section 56, the figure '47' shall be omitted.

In the Principal Act, in Section 62, in sub-section (3), in the proviso to clause (iii), the word and figure "or 47" shall be omitted.

In the Principal Act, in Section 63, in the proviso, the words "Vice President, or the", shall be omitted.

328. Amendment of Section 328 Amendment of Section 328 In the Principal Act, in Section 328, in sub-section (1), in clause (b), before the word "Vice-President" wherever they occur, the words "President and" shall be inserted.

1. Repeal Repeal The Chhattisgarh Municipalities (Amendment) Ordinance, 2019 (No. 3 of 2019) is hereby repealed.

1. Short title and commencement

1. (1) This Act may be called the Chhattisgarh Municipalities (Amendment) Act, 2020.
2. (2) It shall come into force from the date of its publication in the Official Gazette.

For proviso of sub- section

1. (1) of Section 161 of the Chhattisgarh Municipalities Act, 1961 ( No. 37 of 1961), the following shall be substituted, namely :- " Provided that the State Government may from time to time, by Notification published in the Official Gazette, exempt the tansfer of some or all immovable properties, partly or fully, temporarily or permanently, from the provision contained in this sub-section, subject to such conditions as it may specify in the Notification." 1. Short title and commencement
2. (1) This Act may be called the Chhattisgarh Municipalities (Amendment) Act, 2019.
3. (2) It extends to the whole State of Chhattisgarh.
4. (3) It shall come into force from the date of its publication in the Official Gazette. 35. Amendment of Section 35 In the Principal Act, in Section 35,-
   • (i) the words "election nomination as a President or" shall be omitted;
   • (ii) In clause (dd), the words "is less than twenty-five years of age, in the case of a President and" shall be omitted.

In sub-section

1. (7) of Section 187 of the Principal Act, for the words "one year", the words "two years" shall be substituted.