Chapter II CONSTITUTION OF MUNICIPALITIES

⁴ Omitted

1. (1) There shall be constituted-
   • (a) a Municipal Council for a smaller urban area; and
   • (b) a Nagar Panchayat for a transitional area , that is to say an area in transition from a rural area to an urban area. Provided that a Municipal Council or a Nagar Panchayat, as the case may be , may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment or a group of such establishments inn that area and such other factors as he may deem fit, by public notification specify to be an industrial township: Provided further than when an area is notified to be a transitional area, the Gram Panchayat having jurisdiction over such area shall continue to function until a duly elected Nagar Panchayat is constituted under this Act.
2. (2) In this Section a smaller urban area, or ‘a transitional area, means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors, as he may deem fit specify, by public notification for the purpose of this Act.
3. (3) Omitted. 5-A. Power of State Governor to include or exclude certain area.-
4. (1) The Governor may, by notification in the Gazette, declare the intention to include within or exclude from the limits of a municipal area , any specified area.
5. (2) If the local authority having jurisdiction in the said area or any person resident therein, objects to such declaration, such authority or person may submit an objection in writing to the Collector within a prescribed period and the Governor shall take such objection into consideration.
6. (3) When the said period has expired and the Governor has considered the objection under sub-section (2), the Governor may, b y notification, include within or exclude from the limits of the municipal area, any specified area; Provided that when an area is excluded from the limits of any municipal area, such area notwithstanding such exclusion shall continue to be within the limits of the municipal area until the area so excluded is included in a duly constituted Panchayat area.

Every notification under Section 5 shall be published in the Official Gazette and in at least one Hindi newspaper having circulation in the area to which it relates and also by pasting a copy thereof-

1. (a) in a conspicuous place in the office of the Collector;
2. (b) in a conspicuous place in the office of the Municipality, if any, affected by the notification; and

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. (c) in such conspicuous places in the area affected by the notification as the Collector may deem fit.

Panchayat- When any local area ceases to be a Town Area under the Bhopal State Town Area Act,

1954(XIV of 1954) , or a Panchayat under the Panchayat Law and immediately following such

cessation a Municipality is established under Section 5 for such area then as from the date of the establishment of the Municipality (hereinafter in this section referred to as the specified date) the following consequences shall ensure, namely:-

1. (a) the Town Area Committee or the Panchayat, as the case may be, shall cease to exist;
2. (b) there shall be constituted a committee in accordance with the provision of Section 16 to exercise the powers of the Council pending its constitution;
3. (c) the unexpanded balance of the Town Area Fund or the Panchayat Fund and the property (including areas of rates, taxes rents, and fees) belonging to the Town Area Committee or the Panchayat and all rights and powers which prior to such notification were vested in the Town Area Committee or the Panchayat shall , subject to all charges and liabilities affecting the same, vest in the Committee until a Council is constituted under this Act;
4. (d) any appointment, notification, notice , tax, order, scheme licences, permission, rule,

bye-law or form made, issued imposed or granted under the Bhopal State Town area Act, 1954

(XIV of 1954), or the Panchayat law before the specified date in respect of such local area shall so far as it is not inconsistent with the provisions of this Act continue, to be in force and be deemed to have been made, issued imposed or granted in respect of the Municipality until it is superseded or modified by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under this Act;

1. (e) all budget estimates, assessment, assessment list, valuation or measurement made or authenticated under the Bhopal State Town Area Act, 1954(XIV of 1954) , or the Panchayat law immediately before the specified date and in respect of the local area shall be deemed to have been made or the authenticated under this Act;
2. (f) all debts or obligations incurred and all contracts made by or on behalf of the Town Area Committee or Panchayat immediately before the specified date and subsisting on the specified date shall be deemed to have been incurred and made by the Council in exercise of the powers conferred under this Act;
3. (g) all officers and servants in the employ of the Town Area Committee or Panchayat as the case may be, immediately before the specified date shall be officers and servants of the Council under this Act and shall, until other provisions is made in accordance with the provisions of this Act, receive salary and allowance and be subject to conditions of service to which they were entitled or subject immediately before such date; Provided that it shall be competent to the council to discontinue the services of any officer or servant who in its opinion , is not necessary or suitable to the requirement of the municipal service after giving such officer or servant notice as is required to be given by the terms of this employment: Provided further that previous sanction of the State Government shall be obtained for discontinuing the services of any permanent officer or servant under the preceding proviso who on such discontinuance shall be entitled to such leave, pension provident fund and gratuity as he would have been entitled to take or receive on being invalidated from service as if the Town Area Committee or Panchayat in the employ of which he was, had not ceased to exist.

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. (h) all proceedings pending immediately before the specified date before, the Town Area Committee or Panchayat or any other authority, as the case may be, shall be deemed to be transferred to and continued by the Council or such authority.
   • (i) all appeals pending immediately before the specified date before the Town Area Committee or the Panchayat or any other authority, shall so far as may be practicable, be disposed of as if such local area had not become a Municipality when they were filed;
2. (j) all prosecutions institute by, or on behalf of the Town Area Committee or the Panchayat and all suits and legal proceedings instituted by or against, such Town Area Committee or

Panchayat pending on the specified date shall be continued by or against the Council as if such

local area had not become a Municipality when such suits of proceedings were instituted;

1. (k) on the application of this Act to any area under sub-section (3) of Section 1, the authority or any institution if performing the municipal functions shall cease to perform such functions and all assets and liabilities of such authority or institution shall vest in the Municipal Council or Nagar Panchayat, as the case may be, constituted under this Act;

Effect of including local area in a Municipality- When a local area has been included in a Municipality by a notification under Section 5A all notifications, rules, bye-laws, orders, directions, notices and powers made, issued or conferred under this Act and in force throughout the Municipality at the time. Shall, unless the State

Effect of Excluding local area from Municipality-

1. (1) When a local area is excluded from a Municipality by a notification published under section 5 A –
   • (a) all notifications, rules, bye-law, orders, directions, notices and powers made, issued or conferred under this Act shall cases to apply thereto; and
   • (b) the State Government shall frame a scheme determining what portion of the balance of the Municipal Fund and all other property vested in the Council shall, on such exclusion, vest-
     • (i) Where such area is included within the limits of any other local authority, in such local authority; and
     • (ii) in any other case, in the State Government; and in what manner the liability of the Council shall be apportioned between the Council and any such local authority or the State Government, as the case may be and on the publication of such scheme in the Gazette, such property and liability shall vest and be apportioned accordingly: Provided that before framing any such scheme the State Government shall consult the Council and where the area is included within the limits of any other local authority, also such authority.
2. (2) Notwithstanding anything contained in sub-section (1) all moneys due to the Council, immediately before the date of such exclusion, on account of tax, toll, fee, rate, or otherwise may, in respect of the area so excluded, be recovered by the Council as if such area has not been excluded. 10. to

¹⁵ Omitted

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 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) When an area is declared to be a Municipality for the first time under this Act, the State Government, shall, by notification, constitute a Committee consisting of a President. [a Vice- President] and such number of members as it may deem fit and such a Committee shall be deemed to be a Council for the purpose of this Act: Provided that no person shall be appointed as President or Vice-President or member of such a Committee who is ineligible to hold such office in the Council under this Act.
2. (2) A Committee constituted under sub-section (1) shall continue to function until a Council is constituted under this Act or until the expiration of six months from the date of its constitution which is earlier.
3. (3) The State Government may, by notification, at any time remove the President, Vice- President or a member of the Committee and appoint any other person eligible to be so appointed in his place.
4. (4) Notwithstanding anything contained in sub-section (1), the provisions of sections 41, 47 and 48 shall not apply to the Committee.

Every Municipality shall demarcate the boundaries of the municipality by permanent boundary marks in such manner as may be prescribed by rules and shall be responsible for the maintenance and repairs thereof.

Every Municipality constituted under section 5 of this Act, shall be a body corporate by

the name of the Municipal Council or Nagar Panchayat, as the case may be, and shall have perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and subject to the provisions, of this Act or any rules made there under, to transfer any property held by it and to contract and to do all other things necessary for the purpose of this Act and may sue and be sued in its corporate name.

1. (1) A Municipal Council or a Nagar Panchayat, shall consist of-
   • (a) President, that is Chairperson, elected by direct election from the Municipal area;
   • (b) Councillors elected by direct election from the wards;
   • (c) Not more than four persons in the case of Municipal Councils and not more than two persons in the case of Nagar Panchayats having special knowledge or experience in Municipal Administration nominated by the State Government. Provided that only a person residing within the Municipal area and being otherwise not ineligible for election as a Councillor may be nominated;
   • (d) Members of the House of the people and the Members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the municipal area;
   • (e) Members of the Council of State registered as electors within the municipal area; Provided that a member of the House of the people and a member of the State Legislative Assembly as mentioned in clause (d) or a member of council of State, as mentioned in clause (e) may nominate his representative, who possesses such qualifications as may be prescribed in this behalf to attend the meeting of the Council.

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 person nominated under clause (c) of sub-section (1) shall hold office during the pleasure of the State Government.
2. (3) Persons referred to in clauses ©, (d), and (e) of sub-section (1) shall be deemed to be councilors, but shall not have the right to vote in the meetings of the Council.
3. (4) If any municipal area fails to elect a President or any ward fails to elect a Councillor, fresh election proceedings shall be commenced for such municipal area or ward, as the case may be, within six months to fill the seat, and until the seat is filled it shall be treated as casual vacancy:

Election petitions.-

1. (1) No election or nomination under this Act shall be called into question except by a petition presented in accordance with the provisions of this section.
2. (2) Such petition may be presented on one or more of he grounds specified in section 22-
   • (a) by any candidate at such election or nomination; or
   • (b) (i) in the case of an election of a councilor, by any voter of the ward concerned;
     • (ii) in the case of a nomination of Councillor, by any Councillor;
     • (iii) in the case of election of President by any voter of the Municipal area; to the District Judge, where such election or nomination is held within the revenue district in which the Court of the District Judge is situate, and in any other case, to the Additional District Judge having the permanent seat of his Court within the revenue district in which such election or nomination is held and if there be more than one such Additional District Judge within the said revenue district, to such one of them as the District Judge may specify for the purpose(herein after such district Judge or Additional District Judge referred to as judge.
3. (3) No petition presented under sub-section (2), shall be admitted unless-
   • (i) it is presented within thirty days from the date on which the result of such election or nomination was notified in the Gazette; and
   • (ii) it is accompanied by a Government Treasury receipt showing a deposit of two hundred rupees, in the case of election or nomination to Municipal Council and one hundred rupees, in the case of election or nomination to Nagar Panchayat.
4. (4) A petitioner shall join as respondents to his petition-
   • (a) where the petitioner, in addition to claiming a declaration that the election or nomination,

as the case may be, of all or any of the returned candidates is void, claims a further declaration

that he himself or any other candidate has been duly elected or nominated, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and

1. (b) any other candidate against whom allegations of any corrupt practice are made in the petition.

1. (5) an election petition shall-
   • (a) contain a concise statement of the material facts on which the petitioner relies;
   • (b) set forthwith sufficient particulars, the ground or grounds on which the election or nomination is called in question;
   • (c) be signed by the petitioner and verified in the manner prescribed in the Code of Civil procedure,1908 (V of 1908), for the verification of pleadings.

1. (1) A petitioner may claim --

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. (a) a declaration that the election or [nomination] of all any of the returned candidates is void; and
2. (b) in addition thereto a further declaration that he himself or any other candidate has been duly elected.
3. (c) The expression "returned candidate" means a candidate whose name is notified in the Gazette under section 45.

(1) Subject to the provisions of sub-section (2) if he Judges is of the opinion- (a) that on the date of his election or nomination a returned candidate was not qualified or was disqualified, to be chosen as a President or a Councillor, or (b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or (c) that any nomination paper has been improperly rejected; or (d) that the result of the election, or nomination in so far as it concerns a returned candidate has been materially affected- (i) by the improper acceptance of any nomination; or (ii) by the improper acceptance or refusal of any vote or reception of any vote which is void; or (iii) by the non-compliance with the provisions of this Act or of any rules or orders-made there under save the rules framed under section 14 in so far as they relate to preparation and revision of list of voters; he shall declare the election or nomination of the returned candidate to be void. (2) If in the opinion of the Judge a returned candidate has been guilty by an agent of any corrupt practice, but the Court is satisfied- (a) that no such corrupt practice was committed at the election or nomination by the candidate, and every such corrupt practice was committed contrary to the instructions, and without the consent of the candidate; (b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election or nomination; and (c) that in all other respect the election or nomination was free from any corrupt practice on the part of the candidate or any of his agents; then, the Judge may decide that the election or nomination of the returned candidate is not void.

1. (a) that on the date of his election or nomination a returned candidate was not qualified or was disqualified, to be chosen as a President or a Councillor, or
2. (b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or
3. (c) that any nomination paper has been improperly rejected; or
4. (d) that the result of the election, or nomination in so far as it concerns a returned candidate has been materially affected-
   • (i) by the improper acceptance of any nomination; or
   • (ii) by the improper acceptance or refusal of any vote or reception of any vote which is void; or
   • (iii) by the non-compliance with the provisions of this Act or of any rules or orders-made there under save the rules framed under section 14 in so far as they relate to preparation and revision of list of voters; he shall declare the election or nomination of the returned candidate to be void.

1. (2) If in the opinion of the Judge a returned candidate has been guilty by an agent of any corrupt practice, but the Court is satisfied-
   • (a) that no such corrupt practice was committed at the election or nomination by the candidate, and every such corrupt practice was committed contrary to the instructions, and without the consent of the candidate;
   • (b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election or nomination; and
   • (c) that in all other respect the election or nomination was free from any corrupt practice on the part of the candidate or any of his agents; then, the Judge may decide that the election or nomination of the returned candidate is not void.

An election petition shall be enquired into and disposed of according to such summary procedure as may be prescribed by rules made under this Act.

1. (1) At the conclusion of the trial of an election petition the Judge shall make an order ---
   • (a) dismissing the election petition; or
   • (b) declaring the election or [nomination] of all or any of the returned candidate to be void; or
   • (c) declaring the election or [nomination] of all or any of the returned candidates to be void and the petitioner and any other candidate have been duly elected or [nominated].
2. (2) If any person who has filed an election petition has, in addition to calling in question the election or [nomination] of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected or [nominated] and the Judge is of opinion--

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. (a) that in fact the petitioner or such candidate received a majority of the void votes; or
2. (b) that but for the voted obtained by the returned candidate the petitioner or such other candidate would have obtained a majority if the valid votes; the Judge shall, after declaring the election or [nomination] of the returned candidate, to be void, declare the petitioner or such other candidate as the case may be, to have been duly elected or [nominated].

1. (3) At the time of making an order under this section, the Judge shall also make an order --
   • (a) where any charge is made in the petitioner of any corrupt practice having been committed at the election or [nomination], regarding --
     • (i) a finding whether any corrupt practice has or has not been proved to have been committed at the election or [nomination] and the nature of that corrupt practice; and
     • (ii) the names of all person, if any, who have been proved at the trial to have been guilty if any corrupt practice and the nature of that practice; and
   • (b) fixing the total amount of costs payable, and specifying the persons by and to whom costs shall be paid: Provided that person who is not a party to the petition shall not be named in the order under sub- clause (ii) of (a) unless--
   • (a) he has been given notice to appear before the Judge and show-cause why he should not be so named; and
   • (b) if he appears in pursuance of the notice, he has been given an opportunity of cross- examining any witness who has already been examined by the Judge and has given evidence against him of calling evidence in his defence and of being heards.

If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election or [nomination] and that an addition of a vote would entitle any of those candidates to be declared elected or [nominated], then the Judge shall decide between them by lot and proceed as if the one on whom the lot fell had received an additional vote.

1. (1) No appeal shall lie against the decision of the Judge on the petition.
2. (2) Any person aggrieved by the decision of the Judge on the petition may, within thirty days from the date of such decision, apply to the High Court for revision on any of the following grounds:-
   • (a) that the decision is contrary of law;
   • (b) that the Judge has exercised jurisdiction not vested in him by law or has failed to exercise a jurisdiction vested in him by law, but subject to such orders as the High Court may pass thereon, such decision shall be final. COMMENT Scope.--Under Section 26 of the Act, revision against the impugned order is limited to the extent to see the legality of the decision being not contrary to law. The jurisdiction to entertain the petition under Section 20 of the Act was vested with the Court below and on facts and

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."।

circumstances the finding recorded vide impugned order is not contrary to law. [Indrajeet Singh v.Jagdish Prasad, 2003 (3) MPHT 460 at 463 (MP) (Jabalpur Bench).]

If any person after the commencement of this Act, is, upon the trial of an election petition thereunder, found guilty of any corrupt practices, he shall, for a period of five years from the date on which such finding takes effect, be disqualified for voting at any election:

Corrupt practices.-- The following shall be deemed to be corrupt practices for the purpose of this Act:-

1. (i) Bribery as defined in clause (1) of Section 123 of the Representation of the People Act, 1951 (43 of 1951);
2. (ii) Undue influence as defined in clause (2) of Section 123 of the Representation of the People Act, 1951 (43 of 1951);
3. (iii) The systematic appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent, to vote or refrain from voting on grounds of caste, race, community or religion or the use of or appeal to, religious symbols, or the use of or appeal to, national symbol, such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election.
4. (iv) The publication by a candidate or his agent or by any other person with the consent of the candidate or his election agent of any statement of fact which is false, and which he either believers to be false or does not believe to be true in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice the prospects of that candidate's election.
5. (v) The hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person with the consent of the candidate or his election

agent for the conveyance of any elector (other than the candidate himself, and the members

of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act: Provided that hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to or from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by an elector at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be a corrupt practice under this Clause. Explanation -- In this clause the expression 'vehicle' means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicle or otherwise.

1. (vi) The holding of any meeting in which intoxicating liquors are served.
2. (vii) The issuing of any circular, placard or poster having a reference to the election or selection which does not bear the name and address of the printer and publisher thereof. (vii-a) the incurring of authorising of expenditure in contravention of Section 32-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."।

1. (viii) Any other practice which the State Government may prescribe by rules to be a corrupt practice.

1. (1) The State Government shall from time to time, by notification in the official gazette, determine the number and extent of wards to be constituted for each Municipality: Provided that the total number of wards shall not be more than forty and not less than fifteen.
2. (2) Only one Councillor shall be elected from each ward.
3. (3) The formation of the wards shall be made in such a way that the population of each of the wards shall, so far as practicable be the same throughout the Municipal Area and the area included in the ward is compact.
4. (4) As soon as the formation of wards of a municipality is completed the same shall be reported by the State Government to the State Election Commission.
5. (5) Omitted
6. (6) Omitted. 29-A. Reservation of Wards
7. (1) Out of the total number of wards determined under sub-section (1) of Section 29, such number of seats shall be reserved for Scheduled Castes and Scheduled Tribes in every Municipality as bears as may be, the same proportion to the total number of seats to be filled by direct election in the Municipality as the population of the Scheduled Castes or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such wards shall be those in which the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, is most concentrated.
8. (2) As nearly as possible twenty five percent of the total number of wards shall be reserved for other backward classes in such Municipalities where fifty percent or less seats are reserved for

Scheduled Castes and Scheduled Tribes, and such seats shall be allotted by rotation to different

wards in such manner as may be prescribed: Provided that if from any ward so reserved, no nomination paper is field for election, as a Councillor by any member of the other backward Classes then the Collector shall be competent to declare it as unreserved.

1. (3) Not less than one-third of the total number of seats reserved under sub-section (1) and (2) shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or other backward classes, as the case may be,
2. (4) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and other backward classes) of the total number of seats to be filled by direct election in every municipality shall be reserved for women and such seats shall be allotted by rotation to different wards in a Municipality in such manner as may be prescribed.
3. (5) The reservation of seats under sub-section (1), (2) and (3) shall cease to have effect on the expiration of the period specified in the Article 334 of the Constitution of India. Explanation: In this section ‘other backward classes’ means category of persons belonging to backward classes as notified by the State Government.29-B Reservation of the office of President of the Council.-
4. (1) Out of the total number of offices of Presidents of Municipal Councils and Nagar Panchayats, as the case may be, in the State, such number of offices of Presidents shall be

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."।

reserved for Scheduled Castes and Scheduled Tribes as shall bear the same proportion, as nearly as possible, as the population of each of these categories within the limits of all the Municipal Councils and Nagar Panchayats, as the case may be, in the State bears to the total population.

1. (2) As nearly as possible twenty five percent of the total number of offices of Presidents of Municipal Councils and Nagar Panchayats, as the case may be, shall be reserved for Other Backward Classes.
2. (3) As nearly as possible twenty five percent of the total number of offices of Presidents reserved under sub-sections (1) and (2) shall be reserved for women belonging to the Scheduled Castes, Scheduled Tribes or Other Backward Classes, as the case may be.
3. (4) As nearly as possible one-third(including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes or Other Backward Classes) of the total number of offices shall be reserved for women.
4. (5) The aforesaid reservation shall be made in such manner as may be prescribed.
5. (6) The reservation of offices of President under sub-section (1),(2) and (3) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India. Explanation: In this section and in Section 29-A the expression ‘Scheduled Castes, Scheduled Tribes and Other Backward Classes shall have the same meaning as assigned to them in the Madhya Pradesh* Lok Seva (Ansuchit Jatiyon, Ansuchit Janjatiyon Aur Anya Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No.21 of 1994).

Subject to the provisions of Section 31, every person who--

1. (a) is not less than eighteen years of age on the 1 st January of the year in which the electoral roll for a ward is prepared or revised;
2. (b) is ordinarily resident in the ward within the meaning of Section 20 of the Representation of the People, Act, 1950 (No.43 of 1950), subject to modification that reference to “Constituency” therein were a reference to “area comprised in the ward”, and
3. (c) is otherwise qualified to be registered in the Assembly roll relatable to the ward; shall be entitled to be registered in then electoral roll of that ward: Provided that-
   • (i) no person shall be entitled to be registered in the electoral roll for more than one ward;
   • (ii) no person shall be entitled to be registered in the electoral roll for any ward more than once.

1. (1) A person shall be disqualified for registration in the electoral roll if he-
   • (a) is not citizen of India; or
   • (b) is of unsound mind and stands so declared by a competent court; or
   • (c) is convicted of an offence under the Protection of Civil Rights Act, 1955 (No. 22 of 1955), unless a period of five years or such lesser period as the State Government may allow in any particular case, has elapsed since his conviction; or
   • (d) is for the time being disqualification from voting under the provision of any law relating to corrupt practices and other offences in connection with election. (1-A) The name of any person who become so disqualified after registration shall forthwith be struck off the electoral roll in which it is included: Provided that the name of any person struck off the electoral roll by reason of a disqualification under clause (d) of sub-section (1) shall forthwith be reinstated in that roll if such

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."।

disqualification is, during the period such roll is in force removed under any law authorizing such removal.

1. (2) If the State Election Commission or an Authority appointed by it, on an application made to it or on its own motion, is satisfied after such enquiry as it thinks fit that any entry in the electoral roll of the Corporation-
   • (a) is erroneous or defective in any particulars;
   • (b) should be transposed to another place in the roll ; or
   • (c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the ward or is otherwise not entitled to be registered in that roll; it shall amend , transpose or delete the entry: Provided that before taking any action on the ground that the person concerned has ceased to be ordinarily resident, in the ward or that he is otherwise not entitled to be registered in the electoral roll of that ward, the State Election Commission or the authority, as the case may be, shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. Explanation.- The expression ‘ordinarily resident’ shall have the same meaning as is assigned to it in clause (b) of Section 30.

1. (1) The superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections of President and Councillors of the Municipality shall be vested in the State Election Commission.
2. (2) The State Government shall, in consultation with the State Election Commission, make rules for the preparation of Electoral rolls and conduct of all elections of President and Councillors of the Municipality. 32-A. Account of election expenses.- (1) Every candidate at an election of President shall, either by himself or by his election agent, keep a separate and correct account of all expenditures

in connection with the election incurred or authorized by him or b y his election agent between

the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive. Explanation-I.- Any expenditure incurred or authorized in connection with the election of a President by a political party or by any other association or body of persons or by any individual other than the candidate or his election agent shall not be deemed to be expenditure in connection with the election incurred or authorized by the candidate or by his election agent for the purpose of this sub-section. Explanation-II.- For the removal of doubt, it is hereby declared that any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause

1. (7) of Section 123 of the Representation of the Peoples Act, 1951, in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the election incurred or authorized by a candidate or by his election agent for the purpose of this sub-section.
2. (2) The total of the said expenditure shall not exceed, such amount as may be prescribed by the State Government in consultation with the State Election Commission.
3. (3) The account of expenditure shall contain such particulars as may be prescribed by the State Election Commission.

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."।

32-B. Lodging of account of election expenses.- Every contesting candidate at an election of President shall, within thirty days from the date of election of the returned candidate lodge with the officer notified by the State Election Commission an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under Section 32-A.

32-C. Disqualification for failure to lodge account of election expenses.- If the State

Election Commission is satisfied that a person-

1. (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and
2. (b) has no good reason or justification for the failure, the State Election Commission shall, by order published in the official Gazette, declare them to be disqualified and any such person shall be disqualified for being chosen as, and for being Councillor or President of the Municipal Council or Nagar Panchayat, as the case may be, for a period not exceeding five years from the date of the order. 32-D Removal or reduction of period of Disqualification.- The State Election Commission, on making an application within thirty days from the date of publication of the order, passed under clause (b) section 32-C in the official Gazette may for reasons to be recorded in writing remove any disqualification or reduce the period of any such disqualification.

Every person registered as a voter in the municipal electoral roll, for the time being in operation of a ward, and no person who is not so registered, shall be eligible to vote at any election for the councilors or Mayor:

Qualifications for election as President or Councillor.-

1. (1) Subject to the provision of this Act, a person who is enrolled in the municipal electoral roll as a voter shall be qualified to be a candidate-
   • (a) for the election of President, if he is not less than twenty five years of age; and
   • (b) for the election of Councillor, if he is n ot less than twenty one years of age.
2. (2) No person who is a candidate for any one ward shall be candidate for any other ward.
3. (3) Any person who ceases to be President or Councillor shall, if qualified under sub-section (1), be eligible for re-election as such.
4. (4) If a person is elected for the office of President and Councillor, both, he shall have to resign from one of the office within seven days from the date on which he is declared to be elected.

No person shall be eligible for election or as a President or election or nomination as a Councilor, if he ---- (a) is not a citizen of India; or (b) is a servant of Government and is remunerated by salary or honorarium (which expression shall not include fees or commission: or 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."। (c) holds any office of profit under the Council or is in the service of any other local authority; or (d) has been adjudged by a competent Court to be a unsound mind ; or (dd) is less than twenty-five years of age, in case of President and is less than twenty one years of age in cases sf a Councilor ; (e) is an undischarged insolvent ; or (f) is suffering from a variety of leprosy which is infectious ; or (g) has been dismissed from the service of the Government or any local authority for corruption or disloyalty to the State, unless a period five years has elapsed since his dismissal; or (h) has been convicted of an offence punishable under Section 153-A or Section 171-E or Section 171-F or sub-section (2) or sub-section (3) of Section 505 of the Indian Penal Code, 1860 (No. 45 of 1860) or under the Protection of Civil Rights Act, 1955 (No. 22 of 1955) or under Section 125 of the Representation of the Peoples Act, 1951 (No. 43 of 1951), or Section 3 and 4 of the Dowry Prohibition Act, 1961 (No. 28 of 1961), or Section 10 or Section 11 of the Madhya Pradesh* Local Authorities (Electoral Offences) Act, 1964 (No. 13 of 1964) unless a further period of six years has elapsed since has release after undergoing the sentence ; (hh) has been convicted by a Court in India for any offence not falling under clause (h) and sentenced to imprisonment for a period of not less than two years unless a further period of six years has elapsed since his release after undergoing the sentence; or (hhh) for contravention of any provisions of the Madhya Pradesh* Nagariya Kshetro Ke Bhoomihin Vyakti ( Pattadhruiti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 ( No. 15 of 1984), or of any law providing for the prevention of hoadings or profiteering or of adulteration of food or drugs unless a further period of six years has elapsed since his release after undergoing the sentence. Explanation. -- In this clause ---- (a) " law providing for the prevention of hoarding or profiteering" means any law, or any order, rules or notification having the force of law providing for :-- (i) the regulation of production or manufacture of any essential commodity; (ii) the control of price at which any essential commodity may be bought or sold; (iii) the regulation of acquisition, possession, storage, transportation, distribution, disposal, use of consumption of any essential commodity; (iv) the provision of the withholding from sale of any essential commodity ordinarily kept for sale; (b) "drug" shall have the meaning assigned to it in the Drugs and Cosmetic Act, 1940 (No. 23 of 1940) ; (c) "essential commodity" shall have the meaning assigned to it in the Essential Commodity Act, 1955 (No. 10 of 1955) ; (d) "food" shall have the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (No. 37 of 1954) ; (i) has directly or indirectly any share or interest in any contract with, by or on behalf of the Council, while owning such share or interest; or (j) has not paid all taxes due by him to the Municipality at the end of the financial year immediately preceding that in which the election or nomination is held or made within thirty days of receipt of a notice of demand made in this behalf by the Chief Municipal Officer; or 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."। (k) is disqualified to be a President or a Councilor under Sections 41, 41-A or 35-A as the case may be ; or (l) is a paid employee of any educational institute receiving financial aid from the Council; or (m) is a Government pleader ; or (n) has not paid the amount of charge imposed upon him under Section 11 of the Madhya Pradesh* Sthaniya Nidhi Sampariksha Adhiniyam, 1973 ( No. 43 of 1973) within the time specified in Section 15 of the said Adhiniyam : Provided that a disqualification under clause (g), (h) or (k) may be removed by an order by the State Government in this behalf : Provided further that the disqualification under clause (j) shall be deemed to have been automatically removed as soon as the Municipal dues are paid in full. Explanation. --- A person shall not be deemed to have incurred disqualification under clause (i) by reason of his --- (i) having any share or interest in any lease, sale or purchase of any immovable property or in any agreement for the same: Provided that in the case of sale or purchase the previous sanction of the State Government or the prescribed authority has been obtained; or (ii) being a share-holder, in or a member of, any incorporated or registered company or society ; or (iii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Municipality may be inserted ; or (iv) having a share or interest in the occasional sale to the Council of any article in which he regularly trades, or in the purchase from the Council of any article, of a value in either case not exceeding in any official year five hundred rupees or such higher amount not exceeding two thousand rupees as the Council, with the sanction of the State Government, may fix in this behalf ; or (v) being a party to an agreement made with the Council for ---- (a) payment of fixed charges in lieu of water-rate ; or (b) payment of special rate in lieu of special sanitary cess ; or (c) compounding of tax on vehicles or animals ; or (vi) being a party, as an owner of any building or land, to an agreement made with the Council for construction of drainage and water connection where a drainage scheme or water - works scheme has been commenced by the Council ; or (vii) holding a debenture or being otherwise interested in any loan raised by or on behalf of the Council ; or (viii) having a share or interest in occasional letting out on hire to the Council or in the hiring from the Council of any article for an amount not exceeding in any official year fifty rupees, or such higher amount not exceeding two hundred rupees, as the Council with the sanction of the State Government, may fix in this behalf. (o) If he is so disqualified by or under any law for the time being in force, for the purpose of elections to the Legislative Assembly of the State; (p) has been convicted of an offence against woman ; (q) Omitted ; (r) has been disqualified under Section 32-C ; 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."। Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty one years. 35-A. Power to disqualify Ex-President, Vice-President etc.- (1) If as a result of audit report or an enquiry or any other proceeding, it comes to the notice of the State Government that any person while he was holding the office of the President, Vice-President, Chairman or Member of a Committee constituted under the Act or a Council or has committed such acts of commission or omission which, in the opinion of the State Government, would have made his continuance in such office undesirable in the interest of the public or the Municipality, the State Government may notwithstanding the fact that he has ceased to hold such office, by an order in writing declare such person to be disqualified for further election, or nomination as a Councillor or President for such period not exceeding five years as may be specified by the State Government in such order. (2) No order under sub-section (1) shall be passed unless reasonable opportunity has been given to the person concerned to furnish an explanation.

1. (a) is not a citizen of India; or
2. (b) is a servant of Government and is remunerated by salary or honorarium (which expression shall not include fees or commission: or

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. (c) holds any office of profit under the Council or is in the service of any other local authority; or
2. (d) has been adjudged by a competent Court to be a unsound mind ; or
3. (dd) is less than twenty-five years of age, in case of President and is less than twenty one years of age in cases sf a Councilor ;
4. (e) is an undischarged insolvent ; or
5. (f) is suffering from a variety of leprosy which is infectious ; or
6. (g) has been dismissed from the service of the Government or any local authority for corruption or disloyalty to the State, unless a period five years has elapsed since his dismissal; or
7. (h) has been convicted of an offence punishable under Section 153-A or Section 171-E or Section 171-F or sub-section (2) or sub-section (3) of Section 505 of the Indian Penal Code, 1860 (No. 45 of 1860) or under the Protection of Civil Rights Act, 1955 (No. 22 of 1955) or under Section 125 of the Representation of the Peoples Act, 1951 (No. 43 of 1951), or Section 3 and 4 of the Dowry Prohibition Act, 1961 (No. 28 of 1961), or Section 10 or Section 11 of the Madhya Pradesh* Local Authorities (Electoral Offences) Act, 1964 (No. 13 of 1964) unless a further period of six years has elapsed since has release after undergoing the sentence ;
8. (hh) has been convicted by a Court in India for any offence not falling under clause (h) and sentenced to imprisonment for a period of not less than two years unless a further period of six years has elapsed since his release after undergoing the sentence; or
9. (hhh) for contravention of any provisions of the Madhya Pradesh* Nagariya Kshetro Ke Bhoomihin Vyakti ( Pattadhruiti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 ( No. 15 of 1984), or of any law providing for the prevention of hoadings or profiteering or of adulteration of food or drugs unless a further period of six years has elapsed since his release after undergoing the sentence. Explanation. -- In this clause ----
10. (a) " law providing for the prevention of hoarding or profiteering" means any law, or any order, rules or notification having the force of law providing for :--
    • (i) the regulation of production or manufacture of any essential commodity;
    • (ii) the control of price at which any essential commodity may be bought or sold;
    • (iii) the regulation of acquisition, possession, storage, transportation, distribution, disposal, use of consumption of any essential commodity;
    • (iv) the provision of the withholding from sale of any essential commodity ordinarily kept for sale;
11. (b) "drug" shall have the meaning assigned to it in the Drugs and Cosmetic Act, 1940 (No. 23 of 1940) ;
12. (c) "essential commodity" shall have the meaning assigned to it in the Essential Commodity Act, 1955 (No. 10 of 1955) ;
13. (d) "food" shall have the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (No. 37 of 1954) ;
    • (i) has directly or indirectly any share or interest in any contract with, by or on behalf of the Council, while owning such share or interest; or
14. (j) has not paid all taxes due by him to the Municipality at the end of the financial year immediately preceding that in which the election or nomination is held or made within thirty days of receipt of a notice of demand made in this behalf by the Chief Municipal Officer; or

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. (k) is disqualified to be a President or a Councilor under Sections 41, 41-A or 35-A as the case may be ; or
2. (l) is a paid employee of any educational institute receiving financial aid from the Council; or
3. (m) is a Government pleader ; or
4. (n) has not paid the amount of charge imposed upon him under Section 11 of the Madhya Pradesh* Sthaniya Nidhi Sampariksha Adhiniyam, 1973 ( No. 43 of 1973) within the time specified in Section 15 of the said Adhiniyam : Provided that a disqualification under clause (g), (h) or (k) may be removed by an order by the State Government in this behalf : Provided further that the disqualification under clause (j) shall be deemed to have been automatically removed as soon as the Municipal dues are paid in full. Explanation. --- A person shall not be deemed to have incurred disqualification under clause (i) by reason of his ---
   • (i) having any share or interest in any lease, sale or purchase of any immovable property or in any agreement for the same: Provided that in the case of sale or purchase the previous sanction of the State Government or the prescribed authority has been obtained; or
   • (ii) being a share-holder, in or a member of, any incorporated or registered company or society ; or
   • (iii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Municipality may be inserted ; or
   • (iv) having a share or interest in the occasional sale to the Council of any article in which he regularly trades, or in the purchase from the Council of any article, of a value in either case not exceeding in any official year five hundred rupees or such higher amount not exceeding two thousand rupees as the Council, with the sanction of the State Government, may fix in this behalf ; or
   • (v) being a party to an agreement made with the Council for ----
5. (a) payment of fixed charges in lieu of water-rate ; or
6. (b) payment of special rate in lieu of special sanitary cess ; or
7. (c) compounding of tax on vehicles or animals ; or
   • (vi) being a party, as an owner of any building or land, to an agreement made with the Council for construction of drainage and water connection where a drainage scheme or water - works scheme has been commenced by the Council ; or
   • (vii) holding a debenture or being otherwise interested in any loan raised by or on behalf of the Council ; or
   • (viii) having a share or interest in occasional letting out on hire to the Council or in the hiring from the Council of any article for an amount not exceeding in any official year fifty rupees, or such higher amount not exceeding two hundred rupees, as the Council with the sanction of the State Government, may fix in this behalf.
8. (o) If he is so disqualified by or under any law for the time being in force, for the purpose of elections to the Legislative Assembly of the State;
9. (p) has been convicted of an offence against woman ;
10. (q) Omitted ;
11. (r) has been disqualified under Section 32-C ;

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."।

Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty one years.

35-A. Power to disqualify Ex-President, Vice-President etc.- (1) If as a result of audit report

or an enquiry or any other proceeding, it comes to the notice of the State Government that any person while he was holding the office of the President, Vice-President, Chairman or Member of a Committee constituted under the Act or a Council or has committed such acts of commission or omission which, in the opinion of the State Government, would have made his continuance in such office undesirable in the interest of the public or the Municipality, the State Government may notwithstanding the fact that he has ceased to hold such office, by an order in writing declare such person to be disqualified for further election, or nomination as a Councillor or President for such period not exceeding five years as may be specified by the State Government in such order.

1. (2) No order under sub-section (1) shall be passed unless reasonable opportunity has been given to the person concerned to furnish an explanation.

1. (1) Every Municipality unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer.
2. (2) An election to constitute a Municipality shall be completed,-
   • (a) before the expiry of its duration specified in sub-section (1);
   • (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Municipality would

have continued is less than six months, it shall not be necessary to hold any election under this

section for constituting the Municipality for such period.

1. (3) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the sub-section (1) had it not been so dissolved.
2. (4) Subject to the provisions of this Act, the term of President and every Councillor shall be coterminous with the terms of the Council. 36 A. Omitted

(1) As soon as the office of a President, or seat of Councillor elected from ward, becomes vacant, or is declared vacant, or the election of President or the Councillor, as the case may be, is declared void, the State Government shall forthwith inform the State Election Commission for filling up the vacancy and the person so elected shall hold office of President or Councillor, as the case may be, only for the remaining period of the Council: Provided that if the remaining period of the Council is less than six months, such vacancy shall not be filled in. (2) Until the vacancy in the Office of President is filled in under sub-section (1), all the powers and duties of the President shall not be performed by such elected Councillor as the State Government may nominate in this behalf: Provided that if the office of President is reserved under Section 29-B the President shall be nominated from the elected Councillors belonging to such reserved category. 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) Until the vacancy in the Office of President is filled in under sub-section (1), all the powers and duties of the President shall not be performed by such elected Councillor as the State Government may nominate in this behalf: Provided that if the office of President is reserved under Section 29-B the President shall be nominated from the elected Councillors belonging to such reserved category.

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) If any Councillor or President--
   • (a) becomes disqualified under sub-section (1) of Section 31 and his name is struck off from the electoral roll under sub-section (1-A) of that section; or
   • (b) becomes subject to any of the disqualifications specified in Section 35 and such disqualification is not removable or being removable is not removed; or
   • (c) absent himself during six consecutive months from the meetings of the Council, expect with the leave of the Council; or
   • (cc) becomes disqualified for being chosen as and for being a President or Councillor under Section 32-C.
   • (d) becomes incapable of acting; or
   • (e) acts as Councillors or President in any matter--
     • (i) in which he has directly or indirectly, by himself or his partner, any share or interest, as is described in clause (i) of Section 35; or
     • (ii) in which he is professionally interested on behalf of a client, principal or other person; or
   • (ee) Omitted.
   • (f) fails to pay any arrears of any kind due by him to the Council on a demand made therefor under Section 53, within the period specified therein.

he shall, subject to the provisions of sub-section (2), cease to be a Councillors or President and

his seat shall become vacant with effect from a date to be notified by the State Government except failing under clause (ee) and clause (r) of section 35;

1. (2) No Councillor shall cease to be a Councillor under sub-section (1) until the prescribed authority on its own motion or on application made to it any person in this behalf, decides that such a Councillors has incurred the disqualification on any of the grounds specified therein and communicates the decision in relation thereto to such Councillors: Provided that no order shall be passed by the prescribed authority under this sub-section against any Councillors without giving him a reasonable opportunity of being heard.

³⁹ Omitted

1. (1) The Vice-President or any Councillor may resign his office by tendering his resignation in writing to the President, who shall forward the same to the Collector and if the Vice-President or such Councillors, as the case may be, desires he may also send a copy of his resignation directly to the Collector.
2. (2) On receipt of the resignation under sub-section (1), the Collector shall,-
   • (i) if satisfied about it genuineness, accept the resignation and notify the fact of such resignation and the occurrence of casual vacancy by reason of such resignation in the Gazette;
   • (ii) if not satisfied about its genuineness, not accept the resignation for reasons to be recorded in writing.
3. (3) If it appears to the State Government that the President having become liable for removal under Section 41 has tendered his resignation to escape such removal, then notwithstanding anything contained in this Section, the State Government may order his removal in accordance with the provisions of the said Section and thereupon the President shall be deemed to have been removed from the date he resigned his office.

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. (a) if his continuance as a Councillor, is not, in the opinion of the Collector, desirable in the interest of the Public or of the Council; or (a-1) if it is found that he does not belong to the reserved category for which the seat was reserved; or
2. (b) if the Council has, by a resolution supported by atleast two-third of the total number of Councillors, recommended that the Councillor is not fit to continue as a Councillor on account of misconduct in the discharge of his duties or disgraceful conduct.

1. (2) The Collector may at any time, remove any elected Councillor if he, being a legal practitioner, acts or appears on behalf of any other person against the Council in any legal proceedings or against the State Government in any such proceedings relating to any matter in which the Council or has been concerned, or acts or appears on behalf of any person in any criminal proceedings instituted by or on behalf of the Council against such person.
2. (3) The Collector may, while ordering the removal under this section, also order that such Councillor shall not be eligible to become a Councillor of a Municipal Council or Nagar Panchayat, as the case may be, for its next term: Provided that no resolution recommending the removal of any Councillor shall be passed by the Municipal Council or Nagar Panchayat, as the case may be , nor any such order of removal shall be passed by the Collector unless such Councillor has been given a reasonable opportunity of showing cause.
3. (4) An appeal against the order passed under sub-section (1), (2), or (3) of this section 40 shall lie to the State Government within thirty days of the date on which the order is conveyed to the aggrieved party. The State Government may after giving a reasonable opportunity of being heard, pass such order on the appeal as it may think fit. 41-A. Removal of President or Vice-President or Chairman of a Committee.-(1) The State Government may, at any time, remove a President or Vice-President or a Chairman of any Committee, if his continuance as suchn is not in the opinion of the State Government desirable in public interest or in the interest of the Council or if it is found that he is incapable of performing his duties or iworking against the provisions of the Act or any rules made there under or if it is found that he does not belong to the reserved category for which the seat was reserved.
4. (2) As a result of the order of removal of Vice-President or Chairman of any Committee, as the case may be, under sub-section (1) it shall be deemed that such Vice-President or a Chairman of any Committee, as the case may be, has been removed from the office of Councillor also. At the time of passing order under sub-section (1), the State Government may also pass such order that the President or Vice-President or Chairman of any Committee, as the case may be, shall disqualified to hold the office of President or Vice-President or Chairman of any Committee, as the case may be, shall be diaqualified to hold the office of President or Vice-President or Chairman, as the case may be for the next term: Provided that no such order under this Section shall be passed unless a reasonable opportunity of being heard is given. 41.B. Resignation of President.
5. (1) President may resign his office by tendering his resignation in writing to the Chief Municipal Officer, who shall forward the same to the State Government and if the President desires he may also send a copy of his resignation directly to the State Government.
6. (2) On receipt of the resignation under sub-section (1), the State Government shall,-

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. (i) if satisfied about it genuineness, accept the resignation and notify the fact of such resignation and the occurrence of casual vacancy by reason of such resignation in the Gazette;
2. (ii) if not satisfied about its genuineness, not accept the resignation for reasons to be recorded in writing.

1. (3) If it appears to the State Government that the President having become liable for removal under Section 41-A has tendered his resignation to escape such removal, then notwithstanding anything contained in this Section, the State Government may order his removal in accordance with the provisions of the said Section and thereupon the President shall be deemed to have been removed from the date he resigned his office.

Councillor shall automatically vacate all the offices in the Council which he holds by virtue of his being such a Councillor.

1. (1) The President and the elected Councillors of the Council shall, at its first meeting as referred to in sub-section(1) of Section 55 elect a Vice-President from amongst the elected Councillors in the prescribed manner.
2. (2) The meeting under sub-section (1) shall be presided over by such officer as mentioned in sub- section (2) of Section 55.
3. (3) The term of the Vice-President shall be conterminous with the term of the Council. 43-A. No-Confidence motion against Speaker or Vice-President.- (1) A Motion of no – confidence may be moved against the Vice-President by any elected Councillor at a meeting specially convened for the purpose under sub-section(2) and if the motion, is carried by a majority of two thirds of the elected Councillors present and voting in the meeting and if such majority is more than half of the total number of elected Councillors constituting the Council, the office of the Vice- President, shall be deemed to have become vacant forthwith. A copy of such motion shall be sent by the Chief Municipal Officer to the Collector forthwith for filling up the vacancy: Provided that no such resolution shall lie against the Vice-President within a period of –
   • (i) two years from the date on which the Vice-President enters upon his office;
   • (ii) one year from the date on which previous motion of non-confidence was rejected.
4. (2) For the purpose of sub-section (1) a meeting of the Council shall be convened and presided over by the Collector or a Class-I Officer in case of a Municipal Council and a Class-II Officer in case of Nagar Panchayat as nominated by him, in the following manner, namely:-
   • (i) the meeting shall be convened forthwith on a requisition signed by not less than one sixth of the total number of elected Councillors constituting the Council for the time being;
   • (ii) the notice of such a meeting specifying the date, time and place shall be dispatched to the president and every Councillor ten clear days before the meeting.
   • (iii) the no confidence motion moved under this Section shall be decided through secret ballot.

⁴⁴ Omitted.

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 Madhya Pradesh* Municipalities Act, 1961

24

*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."।

Every election of the President and Councillors shall be notified by the State Election Commission in the official gazette. 46.

Recalling of Mayor-

1. (1) Every President of a Council shall forthwith be deemed to have vacated his office if he is recalled through a secret ballot by a majority of more than half of the total number of voters of the corporation area casting the vote in accordance with the procedure as may be prescribed: Provided that no such process of recall shall be initiated unless a proposal is signed by not less than three-fourth of the total number of the elected Councillors and presented to the Collector: Provided further that no such process shall be initiated:--
   • (i) within a period of two years from the date on which such Mayor is elected and enters his office;
   • (ii) If half of the period of tenure of the Mayor elected in a bye-election has not expired. Provided also that process for recall of the Mayor shall be initiated once in his whole term.
2. (2) The Collector, after satisfying himself and verifying that the three-fourth of the Councillors specified in sub-section (1) have signed the proposal of recall, shall send the proposal to the State Government and the State Government shall make a reference to the State Election Commission.
3. (3) On receipt of the reference, the State Election Commission shall arrange for voting on the proposal of recall in such manner as may be prescribed.

1. (1) The Council may from time to time, grant such leave of absence to the President or a Vice- President as it may deem fit.
2. (2) If a President or Vice-President remains absent from office owing to illness or any other cause for the period exceeding three months without the leave of the Council, he shall cease to be a President or Vice-President, as the case may be, and his office shall become vacant.
3. (3) During the absence on leave of the President, the Vice-President and in the like event in the case of a Vice-President, such one of the elected Councillors as may be elected by them to act as Vice-President, shall discharge the functions of the President or the Vice-President, as the case may be.
4. (4) The Vice-President or the elected Councillor shall, during, and in respect of the period in which he is acting as, or discharging the functions of President or Vice-President, as the case may be, exercise the powers conferred and perform the duties imposed on a President or Vice-

Penalty for refusal to handover charge by outgoing office bearers.- (1) The President and the Vice-President shall be deemed to have entered their respective offices from the date of their election and the outgoing President or Vice-President, as the case may be, shall cease to function as President or Vice-President respectively.

1. (2) The outgoing President or Vice-President shall forthwith handover, all papers and property, if any, to his successor, failing which the Collector may, by order, in writing direct such outgoing President or Vice-President, as the case may be, to handover the required papers and property forthwith.

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. (3) If the outgoing President or Vice-President to whom a direction has been issued under sub- section (2) does not comply with such direction, he shall be punishable with simple imprisonment for a term which may extend to0 one month or with fine which may extend to one thousand rupees or with both.
2. (4) No person shall be instituted under this section without the previous sanction in writing, of the State Government.

(1) Subject to the provisions of this Act and the rules and bye-laws made thereunder, the Municipal Government of a Municipality shall vest in the Council. (2) Subject to the restrictions, limitations and conditions imposed by this Act and the rules made there under the executive powers for the purpose of carrying out the provisions of this Act shall vest in the Chief Municipal Officer.

1. (2) Subject to the restrictions, limitations and conditions imposed by this Act and the rules made there under the executive powers for the purpose of carrying out the provisions of this Act shall vest in the Chief Municipal Officer.

(a) to preside, unless prevented by reasonable cause, at all meeting of the Council, and subject to provisions of the rules for the time being in force to regulate the conduct of business at such meetings; (b) to watch over the financial and executive administration of the Council and perform such executive functions as may be allotted to him by or under this Act; (c) to exercise supervision and control over the acts and proceedings of all officers and servants of the Council in matters of executive administration and in matters concerning the accounts and records of the Council; (d) to direct, in case of emergency, the execution or stoppage of any work or the doing of any act which requires the sanction of the Council, and the immediate execution or doing of which is in his opinion necessary for the service or safety of the public, and that the expenses included in the execution of such work or doing of such act shall be paid from the municipal fund: Provided that- (a) he shall not act under clause (d) in contravention of any order of the Council prohibiting the execution of any Particular work or the doing of any particular act; and (b) he shall report forthwith the action taken under clause (d) and the reasons therefore to the Standing Committee at its next meeting. (2) The President may, in accordance with such rules as may be framed by the State

Functions of Vice-President.- (1) It shall be the duty of the Vice-President of the Council-

1. (a) in the absence of the President and unless prevented by reasonable cause, to preside, at the meetings of the Council and he shall when do presiding exercise the same authority as is vested in the President under clause (a) of sub-section (1) of section 51;
2. (b) to exercise such of the powers and perform such of the duties of the President as the President may, from time to time, delegate to him; and
3. (c) during the absence of the President, other than casual vacancy to exercise the powers and perform the duties of the President.

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."।

Within fifteen days from the expiration of each calendar quarter, the Chief Municipal Officer shall-

1. (a) draw up a list of all Councillors who have failed to pay any tax due by them to the Council within six months from the date on which such tax became due;
2. (b) issue to every person on the said list a notice of demand requiring him to pay the arrears within three months from the date of service of such notice; and
3. (c) submit a copy of the list to the prescribed authority.

1. (2) If on the receipt of the notice referred to in sub-section (1), the Councillor fails to pay within the time specified in clause (b) of sub-section (1) the arrears of any tax specified in the notice, he shall subject to the provisions of Section 35, cease to be a Councillor and his office shall become vacant and he shall be disqualified for further election, or nomination to such office until the arrears due by him are paid.
2. (3) The State Government may make rules under this Act, providing for all matters connected with the administration of his section.

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."।