Incorporation and constitution of Corporation

(1) The Corporation shall be a body corporate having perpetual succession and a common seal with power subject to the Provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued. (2) Save as provided in sub-section(3), all seats in the Corporation shall be filled by persons chosen by direct election from the territorial constituencies in the municipal area and for this purpose the municipal area shall, by a notification issued in this behalf, be divided into territorial constituencies to be known as wards. (3) In the Corporation, in addition to persons chosen by direct election under this section, the Members of the State Legislative Assembly, representing constituencies which comprise wholly or partly in municipal area, shall also be the Councillors. (3-A). The State Government may, by notification, nominate as councillors not more than five persons having special knowledge or experience of municipal administration: Provided that a person who contested and lost the immediately preceding election of any Corporation shall not be nominated by the State Government as a Councillor of that Corporation or any other Corporation during its existing term: Provided further that a Councillor nominated under sub-section whether before or after the commencement of the Himachal Pradesh Municipal Corporation (Amendment) Act, 2003 shall hold office during the pleasure of the State Government, but not beyond the term of Corporation as provided for in sub-section (1) of section 5 of this Act. (3-B) The nominated Councillors referred to in sub-section (3-A) and the Commissioner shall have the right to attend all the meetings of the Corporation and to take part in the discussion therein but shall not have any right to vote. (4) Where after the commencement of this Act, any municipal area is declared to be a Corporation under sub-section (2) of section 3, all powers and duties conferred and imposed upon the Corporation by or under this Act or any other law, shall be exercised and performed by the commissioner for a period not exceeding six months or till a Corporation is constituted under the provisions of this Act, whichever is earlier.