Chapter VII PROVISIONS RELATING TO MEMBERS OF COUNCILS

In this Chapter, unless the context otherwise requires—

1. (a) “Council” means the City Council or, as the case may be, the District Council,
2. (b) “member” means a member of the Council.

1. (1) The term of office of a member shall be three years from the date of his nomination.
2. (2) The term of office of an ex-officio member shall continue so long as he holds the office by virtue of which he is such a member.
3. (3) A member shall not be entitled to receive any compensation for his services but shall be reimbursed for the travelling and other expenses incurred by him in discharge of his duties.

On occurrence of any vacancy in the office of a member by reason of death, resignation or any other reason, the same shall be filled in by the authority nominating him in the manner provided in section 22 or, as the case may be, section 23.

A person shall be disqualified for being appointed or being a member of the Council, if such person—

1. (a) is, or at any time being adjudged an insolvent or has suspended payment of his debts or has compounded with his creditors,
2. (b) is of unsound mind and stands so declared by a competent court,
3. (c) is, or has been convicted of any offence which, in the opinion of the Authority, involves moral turpitude, or
4. (d) has, either directly or indirectly, any financial or other interest which is likely to affect prejudicially his functioning as a member.

1. (1) Notwithstanding anything contained in sub-section
2. (1) of section 25, the Authority may, at any time, remove any member from office if, in its opinion, such a member—
   • (a) is, or has become subject to any of the disqualifications mentioned in section 27;
   • (b) has been guilty of misconduct in discharge of his duties;
   • (c) has become physically or mentally incapable of discharging his duties as a member;
   • (d) has so abused his position as to render his continuance in office prejudicial to the public interest; or
   • (e) has, without reasonable cause, refused or failed to perform his duties for a period of not less than three months: Provided that no member shall be removed from his office unless an opportunity of being heard is given to the member.
3. (2) Any member may, by writing under his hand addressed to the Authority, resign his office.

1. (1) The Council shall meet at such time and at such place and shall, subject to sub-sections
2. (2) and (3), observe such rules of procedure in regard to transaction of its business at the meetings, as may be provided by the bye-laws.
3. (2) If the Chairperson is, for any reason, unable to attend any meeting, any other member authorised by the Chairperson present at the meeting, shall preside over the meeting of the Council. (3)
   • (a) All the questions at a meeting of the Council shall be decided by a majority of votes of the members present and voting, and in case when there is an equality of votes, the Chairperson or in his absence, the presiding member shall have and exercise the second or casting vote.
   • (b) The quorum at the meetings of the Council shall not be less than three members.

1. (1) The Council, in order to enable it to perform its functions, may--
   • (a) with the approval of the Authority —
     • (i) appoint a Secretary; and
     • (ii) determine the number and category of other officers and employees, and
   • (b) appoint other officers and employees so determined.
2. (2) The manner of recruitment of, the salary and allowances payable to, and other conditions of service of the Secretary, officers and other employees, shall be such as may be determined by the Council by bye-laws.

1. (1) No act or proceeding of the Council shall be questioned or be invalid on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Council.
2. (2) No act done by any person acting in good faith as a member shall be deemed to be invalid merely on the ground that he was disqualified to be a member or that there was any other defect in his appointment.