section 78
Provision in regard to meetings of Council
The Daman and Diu Municipalities Regulation 1994Infrastructure1994314 sections
Statutory text
- (1) There shall be held six ordinary meetings in each year for the disposal of general business, in every alternate month coryencing from the month in whidh the first meeting of the Council under section 52 is held, and such other ordinary meetings a the President may find necessary. It shall be the duty of the President to fix the,dates foj all ordinary meetings and to call such meetings. (2) The Preaident may, whenever he thinks fit, and shall, upon the written request of not leas than one-forth of the total number of Coupcillors and on a date not later than fifteen days after the receipt of such request by the President, call a special meeting. (3) If the President fails to call a meeting within the period .pacified in qlause (1) or clause (2); the Councillors rho had made a request for the special meeting being called, nay request the Dirticeor to call h special meeting. On receipt of such request, tlie Director, or any officer whom he may designate in this behalf, ehall call the special meeting on a date within 'fifteen days from the date of receipt of such request bi the' Director. Such meeting shall be;preaided over b;y.'$he Director or the officer designated, but he shall have no right to vote. (4) (a) ~evea' cl'dar da"ys,' notice of an ordinary meeting, and three clear d a ~ s " nqtke of a special meeting spkcifying the date, hour and place at which such mee~iiig and the business to be transacted thereat shall be served upon the ~ouncillors, and posted up at the municipal office. The hotice shall include any motion or proposition of which a Councillor, shall .have given written >otice, not less than ten clear days previous to the meeting, of hi= intention to bring forwa,rd thereat and in the case of a sbecial meeting, apy motion or proposition mentioned in any written request made or such meeting; (b) notwithstanding anything contained in sub-clause (a) in an emergency, for reasolrs to be recorded in writing, the President nay call a special meeting of the Council with only one day's notice served upon the Councillors and posted up at the municipal office. (5) Every meting of a coun'cil shall, except for reasons to be specified in the notice convening the meeting, be held in any of the buildings used as a municipal office by such Council. (6) Every meeting shall, in the absence of both the President and the Vice-President, be presided over by kuch one of the Councillors present as may be chosen by the meeting to ba'the Chairnan for the occasion and such Chairman ihall exercise thereat the powers vestea in the President by clause (a) of sub- section,(l) of section 59. (7) (a) The presiding authority shall preserve or8i~r at the'meeting. All points of order shall be aeoided by the presiding authorLty with or without discussion as it may deem fit, and the decision of the presiding authority shall be final; (b) (i) thi! prediding authority nay direct any Councillors whose conduct. is in its opinion 'disorderly to withdraw immediately frqm the meeting of the Council and any Counci&lor so ordered to withdraw shall' do aa forthwith a n d ' shall absent himself during the remainder of:ehe day's meeting: Provided that the 'presiding authority may withdraw such order on receiving an apology from the councillor or without auch 'apology; (ii) i f any Councillor who has been order t o withdraw continues t o repain i n the meeting, t h c resding.,, authprity qay take auch steps a s it may deem Pit to cause him t o be removed. (8) h e r y meeting s h a i l be open t o the public the presiding authority considets t h a t an inquiry o r del$berat.ion pending before t h e Council should b& held i n ' p r i ~ a t e Provided t h a t t h e presiding authority may a t any time cause. any person t o be removed who interrupts the' proceedings; (9) (a) The q u o r G , necermary f o r the transactibn of business- (i) a t an ordinary 'meeting s h a l i be pne-third of the total. number of Councillors; (ii) a t a special meeting shall be one-hal'f of the .total number of Councillors; Provided t h a t i n computing t h e quorum, a fraction shall be ignored; (b) jf it 'any t i m e dd'ing a meeting the presiding authoritp notices o r if it is brought the notice of the presiding authority t h a t the number of Councillors present including the presiding. authority f a l l s short of the quorum required, the presiding authority #hall a f t e r baiting f o r not 1q.s than f i f t e e n minutes and not more than thirty minute. adjourn the meeting to such hour on the following o r bone o t h e r f u t u r e day a s it may reasonably f i x . A notice of such adjournment shall be posted up a t the .municipal o f f i c e and the wusine(rs. w6ich w6uld , have been brought before',' the original meeting, had t h er been a auor- thereat. but no other business s h a l l be brought before the adjourned meeting and may be digpoqed',df :at quch meeting. (10) Except with t h e permission of the presiding authority (which =ha13 not be give0 i n the case of a motion or .proposition. t o modify o r cancel any resolutfionwithin t h r e e months a f t e r the passing thereof) no business ahall be transacted and no proplosition shall be discussed a t any m e t i n g unlese it had been mentioned i n the notice convening such meeting o r i n the case of a special meeting i n the written request for such meeting.
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