Provisions in regard to meetings of municipality and procedure

Provisions in regard to meetings of municipality and procedure. (1) There shall be held four ordinary general meetings in each year for the disposal of general business, in the months of January, April, July and October, respectively, and such other ordinary general meetings as the president may find necessary. It shall be the duty of the president to fix the dates for all ordinary general meetings. (2) The president may, whenever he thinks fit, and shall, upon the written request of not less than one-third of the councillors in the case of a motion of no confidence against the president or vice-president and one-fourth of the councillors in any other case and on a day not later than fifteen days after the presentation of such request, call a special general meeting. If the president fails to call a special general meeting as provided in this clause, the vice-president shall call such meeting on a day not later than thirty days after the presentation of such request: Provided that where the president and the vice-president fail to call such meeting, the Chief Officer shall make a report thereof to the Collector who shall call the meeting on a day not later than thirty days after the presentation of such report. (3) Seven clear days' notice of an ordinary general meeting, and three clear days' notice of a special general meeting, specifying the time and place at which such meeting is to be held and the business to be transacted thereat shall be served upon the councillors, and posted up at the municipal office or the local kacheri or some other public building in the municipal borough. The said notice shall include any motion or proposition where of a councillor shall have given written notice, not less than ten clear days previous to the meeting of his intention to bring forward thereat, and in the case of a special general meeting any motion or proposition mentioned in any written request made for such meeting. (4) Every meeting of a municipality shall, except for special reasons to be mentioned in the notice convening the meeting, be held in the building used as a municipal office by such municipality. (5) Every meeting shall, in the absence of both the president and vice-president be presided over by such one of the councillors present as may be chosen by the meeting to be chairman for the occasion, and such chairman shall exercise thereat the powers vested in the president by clause (a) of section 45. (6) Every meeting shall be open to the public unless the presiding authority deems any inquiry or deliberation pending before the municipality such as should be held in private: Provided that the said authority may at any time cause any person to be removed who interrupts the proceedings: Provided further that the presiding authority may cause to be removed from the meeting any councillor who does not obey his ruling. (7) If less than one-third of the whole number of councillors be present at a meeting at any time from the beginning to the end thereof, the presiding authority shall after waiting for not more than 30 minutes adjourn the meeting to such hour on the following or some other future day as he may reasonably fix; a notice of such adjournment shall be fixed up in the municipal office, and the business which would have been brought before the original meeting, had there been a quorum thereat, shall be brought before the adjourned meeting and may be disposed of at such meeting or at any subsequent adjournment thereof whether there be a quorum present or not. (8) Except with the permission of the presiding authority which permission shall not be given in the case of a motion or proposition to modify or cancel any resolution within three months after the passing thereof, no business shall be transacted and no proposition shall be discussed at any general meeting unless it has been entered in the notice convening such meeting or, in the case of a special general meeting, in the written request for such meeting. (2) The president may, whenever he thinks fit, and shall, upon the written request of not less than one-third of the councillors in the case of a motion of no confidence against the president or vice-president and one-fourth of the councillors in any other case and on a day not later than fifteen days after the presentation of such request, call a special general meeting. If the president fails to call a special general meeting as provided in this clause, the vice-president shall call such meeting on a day not later than thirty days after the presentation of such request: Provided that where the president and the vice-president fail to call such meeting, the Chief Officer shall make a report thereof to the Collector who shall call the meeting on a day not later than thirty days after the presentation of such report.

(3) Seven clear days' notice of an ordinary general meeting, and three clear days' notice of a special general meeting, specifying the time and place at which such meeting is to be held and the business to be transacted thereat shall be served upon the councillors, and posted up at the municipal office or the local kacheri or some other public building in the municipal borough. The said notice shall include any motion or proposition where of a councillor shall have given written notice, not less than ten clear days previous to the meeting of his intention to bring forward thereat, and in the case of a special general meeting any motion or proposition mentioned in any written request made for such meeting.

(4) Every meeting of a municipality shall, except for special reasons to be mentioned in the notice convening the meeting, be held in the building used as a municipal office by such municipality.

(5) Every meeting shall, in the absence of both the president and vice-president be presided over by such one of the councillors present as may be chosen by the meeting to be chairman for the occasion, and such chairman shall exercise thereat the powers vested in the president by clause (a) of section 45.

(6) Every meeting shall be open to the public unless the presiding authority deems any inquiry or deliberation pending before the municipality such as should be held in private: Provided that the said authority may at any time cause any person to be removed who interrupts the proceedings: Provided further that the presiding authority may cause to be removed from the meeting any councillor who does not obey his ruling.

(7) If less than one-third of the whole number of councillors be present at a meeting at any time from the beginning to the end thereof, the presiding authority shall after waiting for not more than 30 minutes adjourn the meeting to such hour on the following or some other future day as he may reasonably fix; a notice of such adjournment shall be fixed up in the municipal office, and the business which would have been brought before the original meeting, had there been a quorum thereat, shall be brought before the adjourned meeting and may be disposed of at such meeting or at any subsequent adjournment thereof whether there be a quorum present or not.

(8) Except with the permission of the presiding authority which permission shall not be given in the case of a motion or proposition to modify or cancel any resolution within three months after the passing thereof, no business shall be transacted and no proposition shall be discussed at any general meeting unless it has been entered in the notice convening such meeting or, in the case of a special general meeting, in the written request for such meeting. The order in which any business or proposition shall be brought forward at such meeting shall be determined by the presiding authority who in case it is proposed by any member to give priority to any particular item of such business or to any particular proposition, shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal.

(9) In every municipality there shall be kept in Gujarati minutes of the names of the councillors and of the officers of Government or of a panchayat, if any, present under the provisions of clause (14), and of the proceedings at each general meeting in a book to be provided for this purpose; such minutes shall be signed, as soon as practicable, by the presiding authority and shall at all reasonable times be open to inspection by any inhabitant of the municipal borough. If any councillor expresses a desire at the meeting that the mode in which he voted or the nature of his vote should be recorded, the minutes shall specify the fact accordingly.

(10) Save as otherwise provided by or under this Act, all questions shall be decided by a majority of votes of the councillors present and voting, the presiding authority having a second or casting vote in all cases of equality of votes. Votes shall be taken and result recorded in such manner as may be prescribed by rules in that behalf for the time being in force under clause (a) of section 271.

(11) Any general meeting may, with the consent of a majority of the councillors present, be adjourned from time to time to a later hour on the same day or to any other day; but no business shall be transacted at any adjourned meeting, other than that left undisposed of at the meeting from which the adjournment took place. A notice of such adjournment posted in the Municipal office shall be deemed sufficient notice of the adjourned meeting.

(12) No resolution of a municipality shall be modified or cancelled within three months after the passing thereof, except by a resolution supported by not less than one-half of the whole number of councillors and passed at a general meeting, whereof notice shall have been given fulfilling the requirements of clause (3) and setting forth fully the resolution which it is proposed to modify or cancel at such meeting and the motion or proposition for the modification or cancellation of such resolution.

(13) Except for reasons which the presiding authority deems urgent, no business relating to any work which is being executed for the municipality by a Government executive engineer or to any educational mater shall be transacted at any meeting of a municipality unless, at least fifteen days previous to such meeting a letter has been addressed to the said executive engineer or to the deputy educational inspector of the district, informing him of the intention to transact such business thereat, and of the motions or propositions to be brought forward concerning such business.

(14) (a) The executive engineer, deputy educational inspector and the assistant director of public health, and the civil surgeon in a district or any other Government officer or any officer of a panchayat when charged with any of the duties of a, health officer therein, shall have the right of being present at any meeting of such municipality with the consent of the municipality, each of them may take part at such meeting in the discussion or consideration of any question on which, in virtue of the duties of his office, he considers his opinion or the information which he can supply will be useful to such municipality : Provided that the said officers shall not be entitled to vote upon any such question. (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.