Chapter III CONDUCT OF BUSINESS

The Council 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.

1. (1) The Chief Municipal officer shall with the approval of the prescribed authority, within one month of every general election, call a meeting of the elected Councillors for the purpose of electing a Vice-President.
2. (2) The first meeting of the Council called under sub-section (1) shall be presided over by such officer not below the rank of Deputy Collector in the case of a Municipal and not below the rank of Tehasildar in the case of Nagar Panchayat, appointed by the Collector and all provisions contained in this Chapter regarding meetings of the Council, shall, as far as may be, apply in respect of such meeting:

Convening of meeting.-

1. (1) A meeting of the Council shall be either ordinary or special.
2. (2) The date of every meeting except the meeting referred to in Section 43, 43A, 47, 55 or71, shall be fixed by the President or in the event of his being incapable of acting by the Vice- President, and in the like event in his case, by the Chief Municipal Officer.
3. (3) Notice of every meeting specifying the time and place thereof and the business to be transacted thereat shall be dispatched to every Councillor and exhibited at the Municipal Office seven clear days before an ordinary meeting and three clear days before a special meeting.
4. (4) No business other than that specified in the notice relating thereto shall be transacted at a meeting.

The President or in the event of his being incapable of acting, the Vice President, may whenever he thinks fit, call a special meeting and shall be bound to do so within two weeks of the receipt of a written requisition signed by 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 President or the Vice President, as the case may be, the Chief Municipal Officer shall convene such meeting under intimation to the State Government.

Every meeting of the Council shall ordinarily be held in the premises used as Municipal office by such Council.

At every meeting of a Council the President, if present, or in his absence or during the vacancy

of his office, a Vice-President and if there be no President or Vice-President present, then such

one of their member as the elected Councillors present may elect, shall preside as Chairman.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (1) Subject to rules framed under this Act, and regulation made by the Council every meeting of the Council shall ordinarily be open to the public: Provided that the Council may temporarily exclude the public from a meeting as often as it may deem necessary when in the opinion of a majority of the Councillors present at such meeting, expressed by resolution, in view of the special nature of the business then being dealt with or about to be dealt with, such exclusion is advisable.
2. (2) Such resolution shall be put by the presiding authority of its own or at the request of any Councillor, without previous notice or discussion.
3. (3) Noting in this section shall be construed to limit or abridge the power of the presiding authority at any time to cause any person who interrupts the proceedings to be removed.

1. (1) No business shall be transacted at a meeting unless a quorum of one-third of the total number of Councillors be present throughout the meeting.
2. (2) If there be no quorum present at a meeting at any time from the beginning to the end thereof the presiding authority shall, after waiting for jot less than fifteen and not more than 30 minutes, adjourn the meeting to such hour on the following or some other future day as it may reasonably fix. A notice of such adjournment shall be fixed up in the municipal office, and the business which would have been brought before the original meeting had there been quorum there at shall be brought before the adjourned meeting and may be disposed of at such meeting or at any subsequent adjournment there of, whether there be a quorum present or not.
3. (3) No business other than business fixed for the original meeting shall be transacted at any such subsequent meeting except with the consent of two-third of the elected Councillors present.
4. (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. (1) Minutes of the proceedings at each meeting of a Council or any of its Committees shall be drawn up in Hindi written in Devnagri Script and recorded in a book to be kept for the purpose

separately for the Council and each of its Committees and shall be signed by the Chairmena of

the meeting or of the next ensuing meeting.

1. (2) The minutes of the Council shall be published in the manner prescribed and shall at all reasonable times and without charge be open to the inspection by any inhabitant of the Municipality.
2. (3) The minutes of the proceedings recorded under sub-section (1) dhall include-
   • (i) the names of the Councillors present;
   • (ii) the decision is not unanimous, the number of votes and the names of Councillors voting for and against such question and the names of those who have remained natural , whether votes have been taken by division or otherwise: Provided that in case of a meeting under Section 43-A, or 47, the provision relating to recording the names of Councillors voting for an against the question shall not be applicable.
3. (4) A copy of every resolution passed by a Council at a meeting shall within ten days from the date of the meeting be forwarded to the prescribed authority.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

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 President and elected Councillors 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 Vice-President or the Chairman

of any committee, the presiding authority shall not exercise his casting vote and the result shall

be decided by lot.

63-A. Removal of member of a Committee-

The Council may remove any member of a Committee by majority of at least two-thirds of the

elected Councillors, on the recommendation of such Committee and may elected a new member in its place, in accordance with the provisions of the Act.

1. (1) Any meeting of the Council may, with the consent of majority of the elected Councillors present, be adjourned , from time to time, to later hour of the same day or to any other date; but except as provided in sub-section(3) of section 61 no business other than that left over at the adjourned meeting shall be transacted at the next meeting.
2. (2) Notwithstanding anything contained in sub-section(1) if the presiding authority finds it impossible to continue the proceeding do to unruly behavior of the elected Councillors it may, after making an announcement to that effect in the meeting, adjourn the meeting and business transacted in a meeting, if any, held by a majority of elected Councillors immediately after such adjournment shall be null and void.
3. (3) A notice of adjournment of a meeting under sub-section(1) or sub-section(2) shall contain the time, date and place of the next ensuing meeting and –
   • (a) shall be pasted in the municipal office on the day on which the meeting is adjourned and such pasting shall be deemed sufficient notice of the next ensuing meeting to the Councillors who were present in the meeting,
   • (b) shall be served on the Councillors who were not present in the meeting but where such adjournment is not for a period exceeding twenty four hours it shall not be necessary to serve such notice and the pasting of the notice in the municipal office as aforesaid, shall be deemed as sufficient notice of the next ensuing, meeting.

No resolution of a Council shall be modified or cancelled within three months after the passing thereof except by a resolution supported by not less than two-third of the total number of elected Councillors and passed at an ordinary meeting, where of notice shall have been given setting forth fully the resolution which it is proposed to modify or cancel at such meeting and the motion or proposition for the modification or cancellation of such resolution.

Except for reasons which the presiding authority deems emergent no business relating to any work which is being executed for the Council by the Government Executing Engineer shall be transacted at any meeting of a Council unless at least fifteen days previous to such meeting, a

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

letter has been addressed to the said Executive Engineer informing him of the intention to transact such business thereat, and of the motions or propositions to be brought forward concerning such business

The Collector and such other officers as the State Government may by general or special order, appoint in this behalf shall be entitled to attend any meeting of a Council within their jurisdiction, address it on any matter affecting the work of their departments and take part in the proceedings relating thereto but shall not be entitled to vote.

Subject to any directions that may be issued by the State Government in this behalf, a Council may require any officer of the Public Works, Education, Medical, Public Health or of such other department as the State Government may specify serving in the district in which the area of the Municipality concerned is included, to attend any meeting of such Council and to tender advice in respect of any matter which concerns the department to which such officer belongs and every such officer shall comply with such requisition. Provided that such officer may, if he is unable to present himself at the meeting on account of sickness or any other reasonable cause, depute any one of his subordinate officers to attend the meeting.

The Chief Municipal officer shall be present at every meeting of the Council and may explain or make a statement in regard to any subject under discussion at such meeting, but shall not be entitled to vote.

1. (1) There shall be a President-in-Council for every Council which shall be constituted by the President from amongst the elected Councillors within seven days from the date of election of Vice-President under Section 43.
2. (2) The President-in-Council shall consist of the President and seven members in case of Municipal Council and five members in case of Nagar Panchayat.
3. (3) The members of the President-in-Council shall hold office during the pleasure of the President.
4. (4) Each Council shall have such departments as may be prescribed and member of the President-in-Council shall be made incharge of such departments by the President.
5. (5) The President shall be the Ex-Officio Chairman of the President-in-Council and shall over the meeting of the President-in-Council, if present. In the absence of the President, the members present in the meeting shall choose one of them to preside over the meeting.
6. (6) Notwithstanding anything contained in this Act, the President-in-Council, Chairman and the members shall exercise such powers and perform such function, as may be prescribed.
7. (7) The conduct of business of the President-in-Council shall be such as may be prescribed. In case the office of the President is declared vacant under the Act, the Councillors nominated by the Government under sub-section (2) of Section 37 to perform the duties of the President or a person who is elected for the office of the President, as the case may be, either allow the existing

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

members of the President-in-Council to continue or appoint new members in place of them from amongst the elected Councillors.

After the first meeting of the Council under section 43 the President shall constitute the Advisory Committees for every department of the Council from amongst the elected Councillors other than the Councillors included as member in the President-in-Council to advise in the affairs of the department concerned.

1. (2) Each Advisory Committee shall consist of five members in case of a Municipal Council and three members in case of a Nagar Paqnchayat.
2. (3) The member of the President in-Council incharge of the Department shall convene and preside over the meeting of the Advisory Committee relating to the department concerned at least once in every two months. The member of the President-in-Council incharge of the department may take into consideration the suggestions made in the meeting of the Advisory

Consultative Committee.-A Council may also elect from time to time and for such period as it may think fit, Consultative Committees consisting of such number of Councillors as it may think fit and the Council or the President may refer to any such Committees for inquiry and report, or for opinion, any matter relating to the purposes of this Act. 72-A Constitution of Ward Committees.-(1) If the Council decides to constitute the Wards Committee, the same may be constituted in the area of a Municipal Council or Nagar Panchayat.

1. (2) The Council shall be competent to determine the number of Wards Committees to be constituted within the area of a Municipal Council or Nagar Panchayat, as the case may be and the territorial area of each such wards committees Provided that the wards included in the territorial area of a ward committee shall be contiguous.
2. (3) Every elected councillor representing a ward within the territorial area of a ward committee and two persons residing within the territorial area of such ward committee as may be nominated by the President shall be the members of that Committee:

Provided that only a person who is otherwise not in-eligible for election as a councilor 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 committee and the persons so nominated shall not have voting rights in the meetings of the ward committee.

1. (4) The Ward Committee shall at 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 Council or Nagar Panchayat as the case may be,
2. (5) The State Government shall prescribe, the functions and powers of Ward Committes and the procedure for the conduct of their business. 72.B Constitutioon and Composition of Mohalla Committees.-(1) In every Municipal area which is notified by State Government in this behalf, the Mohalla Committees shall be constituted within three months from the date of notification.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (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.
2. (3) The elected Councillor of Ward concerned shall be a member in all the Mohalla Committees within the territorial area of any Ward.
3. (4) The Council 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.
4. (5) The State Government shall prescribe the functions and powers of the Mohalla Committee and the procedure for the conduct of their business.

Any member of a Committee, who absents himself from all meetings of any Committee of which heis a member during three consecutive months without the permission of the President shall cease to be a member thereof, and his office as such member shall become vacant, and he shall not be eligible for re-election to such Committee during the unexpired term thereof.

If any casual vacancy occurs in the office of a member of any Committee, the Council shall, as soon as may be after the occurrence of such vacancy, elect one of its members to fill the vacancy and every Councillor so elected shall continue in office for the unexpired term of his predecessor.

The President or in his absence the Vice-President shall be the Chairman of every Committee, if they are members of any such committee. In case the President or the Vice-President are not members of such committee, the committee shall elect one from amongst its elected councilors to be the Chairman thereof. If the Chairman is absent, the members of the Committee shall choose one from amongst its elected Councillors to preside.

(1) A Committee may meet and adjourn as often as it thinks proper, but the Chairman of the Committee may whenever he thinks fit and shall upon the written request of the President of the Councillor or of at least two members of the Committee call a special meeting of such committee.

1. (2) If the Chairman of any Committee remains absent from the Municipal area for a period exceeding fifteen days or if he fails to call a meeting of the Committee within the prescribed period upon the written request of the President or at least two members of the Committee the President or in the absence of the President, the Vice-President may call a meeting thereof.
2. (3) Every meeting of a Committee shall, except for special reasons to be mentioned in the notice convening the meeting, be held in the buildings used as Municipal office.
3. (4) No business shall be transacted at any Committee meeting unless not less than one-half of the members of the Committee be present thereat.

requisitions.-

1. (1) Every committee shall conform to any instructions that may, from time to time, be given to it by the Council.
2. (2) The Council may, at any time, call for any extract from any proceedings of any committee, and for return, statement, account or report concerning of connected with any matter with which

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

the Committee is empowered by this Act to deal and every such requisition shall be complied with b y such Committee without unreasonable delay.

Any powers or duties or executive functions which may be exercised or performed by or on behalf of the council may, in accordance with the rules made under this Act, be delegated by the Council to the President or Vice-President or to the Chairman of the Committees, or to one or more stipendiary or honorary officers, but without prejudice to any powers that may have been conferred on the Chief

Joint Committee.-

1. (1) A Council may , from time to time :--
   • (a) join with any other Municipality or with any local authority or with more than one such local authorities,-
     • (i) in appointing out of their respective bodies, a Joint Committee for any purpose in which they are jointly interested, and in appointing Chairman of the Joint Committee; (ii)in delegation to any such joint Committee power to frame terms binding on each such body as to the construction and future maintenance of any joint work and in delegating any power which might be exercised by either or any of such bodies; and
     • (iii) in framing and modifying bye-laws for regulating the proceedings of any such Joint Committee relating to the purpose for which the joint Committee is appointed; and
   • (b) enter, subject to the sanction of the State Government, into any agreement with any other local authority, regarding levy of octroi duty, terminal tax and tax on vehicles entering the limits of such bodies, whereby such duties and taxes leviable by the bodies so contracting may be levied together instead of separately, within the limits of the area comprising the areas subject to

the authority of such bodies, and regarding the apportionment of the proceeds of such duties or

taxes.

1. (2) Any dispute which arises between local authorities acting under sub-section (1) shall be referred to the State Government whose decision thereon shall be final:

Vacancy, etc. not to invalidate proceedings.- No act or proceeding of the Council or any of its committees shall be invalid by reason merely of the existence of any vacancy in, or defeat in the constitution of the Council of the Committee, as the case may be.

1. (i) every meeting of the Council or any of its Committees 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
2. (ii) where the meeting is a meeting of the Standing 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) The presiding authority shall preserve order and may, direct any Councillor whose conduct in its opinion is disorderly to withdraw immediately from the

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

meting of the Council, and any Councillor so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day’s meeting, and if he is ordered a second time within fifteen days to withdraw, the Council may suspend him for any period not exceeding fifteen days and he shall absent himself form meetings accordingly: Provided that the Council may remit the suspension on receiving apology ton its satisfaction from the Councillor under suspension: Provided further that the suspension shall not prevent any Councillor from serving on any Committee.

1. (2) The presiding authority may, in case if grave disorder arising in the meeting, suspended the meeting for a period not exceeding three days.
2. (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.

Every Councillor shall be personally liable for the misapplication of any fund or property of the Council to which shall have been a party or which shall have happened througfh or been facilitated by gross neglect of his duty as a Councillor and may be sued for recovery of the money or property so misappropriated or loss suffered thereby either by the Council or the State Government: Provided that no Councillor shall be personally liable in respect of any contract or agreement made, or for any expense incurred by or on behalf of a Council and the Municipal fund shall be liable for and be charged with all costs in respect of any such contract or agreement and all such expenses.

Any Councillor who knowingly acquires directly or indirectly any share or interest in any contract or employment with, under, by or on behalf of the Council of which he is a member, not being a share or interest which it is permissible under section 35 to have without being thereby disqualified from being a Councillor, shall be liable to be punished with fine which may extend to five hundred rupees.

No Councillors shall vote on, or take any part in the discussion of any matter in which he has directly or indirectly any pecuniary interest.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।