Chapter III PRESIDENT, VICE-PRESIDENT, COUNCILLORS AND OFFICERS AND

A municipality shall be presided over by a president who shall be elected by the councillors from among themselves in the manner prescribed by rules made by the State Government. There shall be a vice-president similarly elected for each municipality.

(1) After a general election to a municipality the Collector shall call the first general meeting of the municipality for the election of the President and the Vice-President within the prescribed period. (2) The meeting called under sub-section (1) shall be presided over by the Collector or such officer as the Collector may by order in writing appoint in this behalf. The procedure of the meeting shall be as prescribed by rules made by the State Government and the Collector or such officer shall have such powers as may be prescribed by the said rules but shall not have the right to vote. (3) No business other than the election of the president and the vice-president shall be transacted at such meeting. (4) If in the election of the president or the vice-president, there is an equality of votes, the result of the election shall be decided by lot to be drawn in the presence of the Collector or the officer presiding in such manner as the Collector or as the case may be, the officer may determine.

(1)(a) The term of office of the President and Vice-President of a municipality shall be two and half years, (b) Subject to the other provisions of this section, the President or the Vice-President shall be eligible for re-election. (c) Subject to the other provisions of this section, the Vice-President of a municipality who has completed the term of two and half years on or before the commencement of the Gujarat Local Authorities Laws (Amendment) Act, 2011, shall continue to hold the office of the Vice-President till the expiry of the term of that municipality. (2) If during his term of office under sub-section (1), the president or the vice-president ceases to be a councillor, he shall vacate the office held by him. (3) The office of the President in every municipality shall be reserved by the State Government for Scheduled Castes, Scheduled Tribes, backward classes and women in the prescribed manner. Such reservation shall be made as nearly as may be, in the same proportion as is made under sub-section (3) of section 6 in their favour in the total number of seats to be filled in by direct election. (4) On the expiry of the term of the office of the councillors of the municipality, the current administrative duties of the office of the president and of the Vice-president of the Municipality shall be carried on by such officer of the State Government, as is may by order specify in that behalf, until, such time as a new president and vice-president shall have been elected and shall have taken over the charge of their duties.

(1) On the appointment of an officer under sub-section (4) of section 33 or, as the case may be, on the election of a new president or vice-president, it shall be the duty of the retiring president or, as the case may be, vice-president to hand over to him charge of his office and deliver to him the record and property belonging to the municipality and in his custody.

(2) The provisions of sub-section (1) shall apply mutatis mutandis in the matter of handing over charge of office by a president, vice-president or councillor, who ceases to hold office for any reason not covered by sub-section (1).

(1) A president may resign his office by tendering his resignation in writing to the Collector. Such resignation shall take effect on the date on which it is accepted by the Collector or on the expiry of thirty days from the date of tendering the resignation, whichever event occurs earlier.

(2) A vice-president may resign his office by tendering Ms resignation in writing to the municipality. Such resignation shall take effect on the date on which it is accepted by the municipality or on the expiry of thirty days from the date of tendering the resignation whichever event occurs earlier.

(3) Any other councillor may resign his office by tendering his resignation in writing to the president. Such resignation shall take effect on the date on which it is received by the president.

(4) The date on which the resignation of the president took effect shall be notified in the Official Gazette.

(5) If any dispute regarding any resignation arises, it shall be referred for decision to such officer as the State Government may, by general or special or-der, appoint in that behalf and decision of such officer shall be final :

Provided that no such dispute shall be entertained after the expiry of a period of thirty days from the date on which the resignation took effect:

Provided further that such resignation shall take effect in accordance with the decision of such officer.

(1) Any councillor of a municipality who intends to move a motion of no confidence against its president or vice-president may give a notice thereof, in such form as may be prescribed by the State Government, to the municipality. If the notice is supported by not less than one-third of the total number of the then councillors of the municipality, the motion may be moved.

(2) If the motion is carried by a majority of not less than two-thirds of the total number of the then councillors of the municipality, the president or, as the case may be, the vice-president shall cease to hold office after a period of three days from the date on which the motion is carried unless he has earlier resigned; and thereupon the office held by him shall be declared to be vacant.

(3) Notwithstanding anything contained in this Act or the rules made thereunder, the president, or as the case may be, the vice-president shall not preside over a meeting in which a motion of no confidence against him is discussed; but he shall have the right to speak in or otherwise take part in the proceedings of such meeting (including the right to vote).

Resignation not to affect subsequent disqualification of a councillor. Notwithstanding that a councillor has resigned his office under section 35, if it appears to the State Government that the councillor during the period he held office as a councillor has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct, the State Government may disqualify him from becoming a councillor or a councillor or member of any other local authority for a period of five years from the date of its order :

Provided that no action against the councillor so resigned shall be taken under this section after the expiry of one year from the date of his resignation and without giving him a reasonable opportunity of being heard.

Disabilities from continuing as a councillor. (1) If any councillor during the term for which he has been elected or nominated-

(a) becomes subject to any disqualification specified in section 11, or

(b) acts as a councillor in any matter-

(i) in which he has directly or indirectly, by himself or his partner, any such share or interest as is described in clause (i), (ii), (iii), (v) or (vii) of sub-section (3) of section 11, whatever may be the value of such share or interest, or (ii) in which he is professionally interested on behalf of a principal or other person, or

(c) is professionally interested or engaged in any case for or against the municipality, or

(d) departs beyond the limits of the State with the declared or known intention of absenting himself continuously for a period exceeding six months,

he shall subject to the provisions of sub-section (2) be disabled from continuing to be a councillor and his office shall become vacant.

(2) In every case, the authority competent to decide whether a vacancy has arisen shall be the Collector. The Collector may give his decision either on an application made to him by any person or on his own motion after giving the councillor a reasonable opportunity of being heard.

(3) Until the Collector decides under sub-section (2) that the vacancy has arisen, the councillor shall not be disabled under sub-section (1) from continuing to be a councillor.

(4) Any person aggrieved by the decision of the Collector may, within a period of fifteen days from date of such decision, appeal to the State Government and the orders passed by the State Government in such appeal shall be final. (1) (ii) in which he is professionally interested on behalf of a principal or other person, or (c) is professionally interested or engaged in any case for or against the municipality, or (d) departs beyond the limits of the State with the declared or known intention of absenting himself continuously for a period exceeding six months, he shall subject to the provisions of sub-section (2) be disabled from continuing to be a councillor and his office shall become vacant. (2) In every case, the authority competent to decide whether a vacancy has arisen shall be the Collector. The Collector may give his decision either on an application made to him by any person or on his own motion after giving the councillor a reasonable opportunity of being heard. (3) Until the Collector decides under sub-section (2) that the vacancy has arisen, the councillor shall not be disabled under sub-section (1) from continuing to be a councillor. (4) Any person aggrieved by the decision of the Collector may, within a period of fifteen days from date of such decision, appeal to the State Government and the orders passed by the State Government in such appeal shall be final.

(1) Any Councillor who during his term of office— (a) absents himself for more than three consecutive months from the municipal borough unless leave not exceeding four months so to absent himself has been granted by the municipality, or (b) absents himself for four consecutive months from the meetings of the municipality without the leave of the municipality, shall cease to be a councillor and his office shall be vacant. (2) In every case, the authority competent to decide whether a vacancy has or has not occurred under this section shall be the Collector. The Collector may give his decision either on an application made to him by any person or on his own motion after giving the councillor a reasonable opportunity of being heard. (3) Whenever leave is granted under sub-section (1) to a councillor who is a vice-president, another member shall be elected to perform all the duties and exercise all the powers of the vice-president during the period for which such leave is granted

(1) The State Government or any officer authorised by it, may suspend from office a president or vice-president against whom any criminal proceedings in respect of any offence alleged to have been committed by him under the Prevention of Corruption Act, 1947 or the Bombay Prohibition Act, 1949 or while acting or purporting to act in the discharge of his duties under this Act have been instituted or who has been detained in a prison during trial under the provisions of any law for the time being in force. (2) Should a president or vice-president be suspended under sub-section (1) a councillor shall be elected to perform all the duties and exercise all the powers of a president or, as the case may be, vice-president during the period for which such suspension continues. (3) An appeal shall lie to the State Government against an order passed by the authorised officer under sub-section (1). Such appeal shall be made within a period of thirty days from the date of the order.

Eligibility of certain members for re-election. Any person disabled under section 38 from continuing as a councillor shall be eligible for re-election on his disability ceasing.

Filling of vacancies. (1) When any vacancy occurs due to failure to elect the full number of councillors at a general election or due to the non-acceptance of office by a person elected to be a councillor, or due to an election set aside under provisions of sub-section (2) of section 14, or any vacancy of a councillor occurs due to any reason, the Chief Officer of the municipality and in the absence of the Chief Officer such officer as the Collector may, by a general or special order, designate for the purpose shall within fifteen days from the date on which the vacancy occurs give a notice thereof to the State Election Commission. (2) On receipt of a notice under sub-section (1), the State Election Commission shall arrange for holding an election to fill the vacancy within six months from the date on which such vacancy has arisen. (3) When any vacancy of a president or vice-president occurs due to any reason, the Chief Officer of the municipality and in the absence of the Chief Officer, such officer as the Collector may, by a general or special order, designate for the purpose shall within fifteen days from the date on which the vacancy occurs give a notice thereof to the Collector. (4) On receipt of a notice under sub-section (3), the Collector shall call, within twenty five days from the date of the receipt of the notice, a general meeting of the municipality for the election of the president or, as the case may be, vice-president and the provisions of sections 31 and 32 shall mutatis mutandis apply to such meetings and election. (5) A person elected as a councillor under sub-section (2) of this section or elected as a president or vice-president under sub-section (4) of this section shall hold office so long only as the councillor, president or vice president in whose place he is elected, would have held office had the vacancy not occurred. (6) Notwithstanding anything contained in sub-section (2), where any vacancy of a councillor occurs within six months preceding the date on which the duration of the municipality expires, it shall not be filled. (7) When the office of both president and the vice-president become vacant simultaneously, any councillor as the Collector may authorize in this behalf, shall, pending the election of the president exercise all the powers and perform all the functions and duties of the president.

Vacancy in Municipality, etc., not to invalidate its proceedings. No act or proceedings of the municipality or of any committee constituted under this Act shall be questioned on account of any vacancy in its body.

(1) Except as in this Act otherwise expressly provided, the municipal Government of a municipal borough vests in the municipality. (2) The executive power for the purpose of carrying out the provisions of this Act vests in the Chief Officer appointed under section 47, subject, wherever it is in this Act expressly so directed, to the approval or sanction of the municipality or of the executive committee and subject also to all other restrictions, limitations and conditions imposed by this Act and the rules made thereunder.

Functions of President. It shall be the duty of the president of a municipality— (a) to preside, unless prevented by reasonable cause, at all meetings of the municipality, and subject to the provisions of the rules for the time being in force under clause (a) of section 271 to regulate the conduct of business at such meetings; (b) to watch over the financial and executive administration of the municipality and to 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 municipality in matters of executive administration and in matters concerning the accounts and records of the municipality; and, subject to the rules of the municipality for the time being in force, and for reasons to be recorded in writing to revise, set aside or modify any order of the chief officer relating to the service of the said officers and servants and their pay, privileges and allowances; (d) the president of a municipality may in cases of emergency direct in writing the execution or stoppage of any work or the doing of any act which requires the sanction of the municipality, and the immediate execution or stoppage or doing of which is, in his opinion necessary for the service or safety of the public, and may direct in writing that the expense of executing such work or doing such act shall be paid from the municipal fund : Provided that— (a) he shall not act under this section in contravention of any order of the municipality prohibiting the execution of any particular work or the doing of any particular act, and (b) he shall report forthwith the action taken under this section and the reason therefor to the executive committee and the municipality at the next meeting thereof.

It shall be the duty of the vice-president of a municipality— (a) in the absence of the president and unless prevented by reasonable cause, to preside at the meetings of the municipality and he shall when so presiding exercise the same authority as is vested in the president under clause (a) of section 45 ; (b) to exercise such of the powers and perform such of the duties of the president as the president may from time to time depute to him; and (c) pending the election of a president, or during the absence of the president, to exercise the powers and perform the duties of the president.

(1) (a) For every municipality there shall be a Chief Officer appointed by the State Government. (b) The Chief Officer of a municipality shall forthwith be transferred from that municipality by the State Government if a resolution to that effect is passed by the municipality with not less than two-thirds of the total number of councillors of the municipality voting in favour of such resolution. (2) A municipality may, with the previous sanction of the Director, and shall, if so required by the State Government, create all or any of the following posts, namely :- (i) a municipal engineer, (ii) a water works engineer, (iii) a municipal health officer, (iv) a municipal auditor, (v) a municipal education officer, and (vi) any other officer as may be designated by the State Government in this behalf. (3) Subject to the provisions of section 47A, the recruitment and conditions of service of the officers referred to in sub-sections (1) and (2) shall be such as may be prescribed. (4) Subject to the provisions of section 47A, the power to make appointment to the posts referred to in sub-section (2) shall vest in the municipality.

Imposition of Penalties. (1) Without prejudice to the provisions of any law for the time being in force, and subject to any rules made under section 47A, the following penalties may, for good and sufficient reasons be imposed upon any officer or servant of a municipality, namely :- (i) censure, (ii) withholding of increments or promotion including stoppage at an efficiency bar; (iii) reduction to a lower post on a fixed pay or a time-scale or to a lower stage in a time-scale; (iv) recovery from his pay of the whole or part of any pecuniary loss caused to the municipality by negligence or breach of orders; (v) fine; (vi) suspension; (vii) removal from service, which does not disqualify him from future employment; (viii) dismissal from service, which ordinarily disqualifies him from future employment. (2) Any of the penalties mentioned in sub-section (1) may be imposed on an officer or servant of a municipality by the authority competent to make the appointment of such officer or servant. (3) No officer or servant shall be reduced to a lower post or removed or dismissed from service and no punishment involving any monetary loss shall be imposed on him under this section unless he has been given a reasonable opportunity of showing cause against such reduction, removal, dismissal or punishment: Provided that this sub-section shall not apply- (a) where a person is reduced, removed or dismissed or punished on the ground of conduct which has led to his conviction or a criminal charge, or (b) where the competent authority is satisfied that, for reasons to be recorded in writing by such authority; it is not reasonably practicable to give to such person an opportunity to show cause. (4) An appeal shall lie to the authority mentioned in column (2) of the table below against any order imposing any penalty made by the authority mentioned in column (1) of the said table. TABLE Authority imposing the penalty Superior authority to which appeal may lie. (1) (2) Chief Officer Executive Committee Executive Committee or President Municipality Municipality Director (5) No such appeal shall be entertained unless it is preferred within one month from the date of receipt of the order appealed against by the officer or servant concerned. (3) No officer or servant shall be reduced to a lower post or removed or dismissed from service and no punishment involving any monetary loss shall be imposed on him under this section unless he has been given a reasonable opportunity of showing cause against such reduction, removal, dismissal or punishment: Provided that this sub-section shall not apply- (a) where a person is reduced, removed or dismissed or punished on the ground of conduct which has led to his conviction or a criminal charge, or (b) where the competent authority is satisfied that, for reasons to be recorded in writing by such authority; it is not reasonably practicable to give to such person an opportunity to show cause. (4) An appeal shall lie to the authority mentioned in column (2) of the table below against any order imposing any penalty made by the authority mentioned in column (1) of the said table. TABLE: [Column 1: Authority imposing the penalty | Column 2: Superior authority to which appeal may lie.] Chief Officer | Executive Committee. Executive Committee or President | Municipality. Municipality | Director. (5) No such appeal shall be entertained unless it is preferred within one month from the date of receipt of the order appealed against by the officer or servant concerned.

(1) The Chief Officer shall,- (a) subject to the control, direction and supervision of the President, supervise the financial and executive administration of the municipality and perform such duties and exercise such powers as may be imposed or conferred upon him or delegated to him by or under the Act; (b) take steps to give effect to all the decisions or resolutions of the Municipality; (c) cause to be maintained and supervise the accounts and registers of the Municipality; (d) subject to the orders of the municipality, take prompt steps to remove any irregularity pointed out by an auditor; (e) prepare budget estimates and submit them to the executive committee; (f) report all cases of fraud, embezzlement, theft or loss of municipal money and property to the President and the relevant Committee; (g) exercise supervision and control over the acts and proceedings of all the officers and servants of the municipality; (h) subject to the rules, by-laws and general or special orders made under the Act, determine all questions relating to pay, allowances, leave and other benefits in respect of the officers and servants of the municipality; (i) furnish to the Collector or such other officer as the Collector shall from time to time nominate in this behalf, a copy of every resolution passed at any meeting of the municipality. (2) The Chief Officer may with the previous sanction of the Director delegate any of the powers or duties to any municipal officer or servant: Provided that, such delegation shall be subject to such limitations, if any, as may be prescribed by the Director and also to the control and revision by the Chief Officer. (b) If it shall appear to a municipality that the presence of the executive engineer, deputy educational inspector, assistant director of public health or civil surgeon in the district or any other Government officer or any officer of a pachayat is desirable for the purpose aforesaid at any meeting of such municipality, it shall be competent to such municipality, by letter addressed to such officer not less than fifteen days previous to the intended meeting to require his presence thereat; and the said officer unless prevented by sickness; or other reasonable cause, shall be bound to attend such meeting: Provided that such officer on receipt of such letter may, if unable to be present himself, instruct a deputy or assistant or other competent subordinate as to his views, and may sent him to the meeting as his representative instead of appearing thereat in person.

(1) A municipality may with the previous sanction of the Director, create such posts of officers and servants other than those specified in sub-sections (1) and (2) of section 47 us it shall deem necessary for the purposes of carrying out the duties under the Act. (2) The recruitment of such officers and servants and their condition of service shall be such as may be determined in accordance with rules made under section 271. (3) The power to make appointment in any post referred to in sub-section (1) shall vest in the municipality or in the authority empowered by the municipality by rules made in this behalf under section 271.

(1) Where the municipality has established a provident fund for the benefit of any of its officers and servants, such fund shall, notwithstanding anything contained in any law for the time being in force, be deposited in the State Government treasury in accordance with such directions as the State Government may, from time to time, by an order in writing give and thereupon,- (i) the subscriber to the fund shall be entitled to interest on the balance in his provident fund account at the same rate, at which the State Government servant is for the time being entitled to on the balance in his provident fund account, and (ii) the rules for the time being in force relating to the limits of withdrawals from the provident fund as applicable to such Government servant shall, so far as may be, apply to the subscriber. (2) Nothing in this section shall apply to a provident fund established by the municipality to which the Employees' Provident Funds Act, 1952 applies.