Power of State Government to make rules.

1. (1) The State Government may frame forms for any proceeding of the Corporation and may after previous publication make rules for the purpose of carrying into effect the provisions of this Act Provided that no rules in respect of any matter relating to the preparation of electoral

rolls and conduct of elections shall be made without consultation with the State Election

Commissioner: Provided further such rules may provide for charging of fees for any of the purposes of this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matter, namely:
   • (a) the manner of delegation of powers conferred on the officers or authorities of the Corporation to any other officer of the Corporation or the State Government;
   • (b) the manner in which, the conditions under which, and the authority by which, claims to, or objection against, registration may be made and decided;
   • (c) the nomination of candidates and objections to such nomination;
   • (d) the date and time of elections, the mode of recording votes, the management, the management of contested elections, and the procedure in case of equality of votes or in the event of one Councillor being elected to represent more than one ward or interest;
   • (e) the holding of elections to fill casual vacancies;
   • (f) the division of electorate into wards or communities and the allocation of Councillors thereto;
   • (g) the preparation publication and sale of copies of the municipal electoral roll;
   • (h) any other matter relating to representation and election for which it may be expedient to provide;
     • (i) the qualifications requisite in the case of persons appointed by a municipal authority to offices requiring professional skill;
   • (j) the procedure to be observed for the employment, punishment, suspension or removal of the officers and servants of the corporation and appeal from orders of punishment or removal;
   • (k) the extent of general supervision and control to be exercised by the commissioner over servants of the State placed at the disposal of the corporation under section 61;
2. (1) the conditions of the service in regard to the leave, provident fund, and pension admissible to the person transferred in pursuance of section 52 in respect of the period of service rendered by him before such transfer and the extent of the liability of the local authorities concerned with the transfer;
   • (m) the conditions on which property may be acquired by the corporation or on which property vested in the corporation may be transferred by sale, mortgage, lease, exchange or otherwise;
   • (n) the authority on which money may be paid from the municipal fund, and the management and regulation of provident funds;
   • (o) the preparation of plans and estimates for work partly or wholly to be constructed at the expense of the corporation and for the preparation, and periodical

revision of maps and registers made under section 77 and for the authorities by which and the conditions subject to which such plans, estimates, maps and registers are to be prepared and sanctioned;

1. (p) the regulation of contracts with electrical supply companies for the supply of electrical energy;
2. (q) the preparation of estimates of income and expenditure of the corporation and as to the persons by whom, and the conditions subject to which such estimates may be sanctioned;
3. (r) the manner of making applications for permission to borrow money; the enquiries to be made in relation to loans and the manner of conducting such enquiries; the inspection of any works carried out by means of loans; and the utilization of unexpended balances of loans etc.;
4. (s) the manner in which accounts are to be kept by the corporation; the conditions on which such accounts are to be open to inspection by inhabitants paying any tax under this act, the manner in which such accounts are to be audited and published and the power of auditors in respect of disallowance and surcharge;
5. (t) the assessment and collection of and the compounding for revision or limiting refunds or taxes imposed under this act, and preventing evasion of the same; and for fixing the fee, payable for notices of demands;
6. (u) the conditions on which the corporation may receive animals or articles into a bonded warehouse and the agreement to be signed by the traders and others wishing to deposit animals or articles therein;
   • (v) the returns, statements and reports to be submitted by the corporation;
7. (w) the division of the Corporation Area into various zones as directed by the State Government.
   • (x) the language in which business shall be transacted, proceedings recorded and notices issued;
8. (y) the publication of notices;
9. (z) generally for the municipal authorities and public officers in carrying out the purposes of this act; (z-1) the same purposes as those for which the corporation may make bye-laws under the provision of section 386; (z-2) any other matters incidental or ancillary to the matter in respect of which the State Government is empowered to make rules.

1. (3) Rules under clauses (a) to (j) of sub-section (2) may among other matters provide—
   • (i) for the authority by whom the electoral roll shall be prepared and the particulars to be contained in the roll;
   • (ii) for the form and manner in which and the condition on which nomination may be made, and for the security of nominations;
   • (iii) for the appointment of returning officer of each ward and for his powers and duties;
   • (iv) for the appointment of polling stations for each ward;
   • (v) for the appointment of officers to preside at polling stations, and for the duties of such officers;
   • (vi) for the checking of voters by reference to the electoral roll;
   • (vii) for the manner in which votes are to be given and in the particular for the case of illiterate voters, or voters under physical or other disability;
   • (viii) for the procedure to be followed in respect of tender of votes by persons representing themselves to be electors after other persons have voted as such electors;
   • (ix) for the scrutiny of votes;
   • (x) for the safe custody of ballot papers and other election papers, for the period for which such paper shall be preserved, and for the inspection and production of such papers;
   • (xi) for the definition of the practices at elections held under the provision of this act which are deemed to be corrupt;
   • (xii) for the procedure to be followed by the district court in enquiries relating to application presented under section 399, the liability of witnesses to answer questions,

the evidence to be recorded, the powers to be exercised including power to indemnify witnesses against civil or criminal proceedings and the enforcement of orders made in such enquiries;

1. (xiii) for rendering incapable of municipal office either permanently or for a term of years any person who may have been proved guilty as aforesaid of a corrupt practice or of conniving at or abetting the same;
2. (xiv) for provision of other matters incidental or ancillary to the preparation, revision, publication and regular maintenance of the roll and for the conduct of elections.

1. (4) in making rules under clauses (d) and (i), and clauses (t) and (u) of sub-section (2), the State Government may direct that a breach of any provision thereof shall be punishable with fine which may extend to five hundred rupees. [(4) In making rules under clauses (d) and (i), and clauses (t) and (u) of sub- section (2), the State Government may direct that a breach of any provision thereof shall be liable to a penalty which may extend to five thousand rupees.]
2. (5) Notwithstanding anything hereinbefore contained the State Government shall not make rules under laws (z-2) of sub-section (2) for the Corporation unless the Corporation

has been required by the State Government to make bye-laws under section 386 and has failed to make any such bye-laws, or having made them has failed to obtain their confirmation by the State Government as required by sub-section (1) of 389 within nine months of the date of the order of the State Government under clauses (z-2) of sub-section (2) shall have effect as if they were, and shall be deemed for all purposes to be bye-laws made by the Corporation.