Chapter X Chapter X

Miscellaneous

Power to issue directions.—In the discharge of its functions, the Council shall be guided by such instructions or directions as may be given to it by the Government from time to time for the proper implementation of the objects of this Act.

Dissolution of the Council.—(1) If, in the opinion of the Governor, the Council,—

1. (i) has shown incompetence to perform, or has made default in the performance of the duties imposed on it by or under this Act or any other law for the time being in force, or
2. (ii) has exceeded or abused its powers, the Governor may by order to be published in the Government Gazette, stating the reasons therefor, dissolve the Council and direct that it be reconstituted within such period not exceeding six months as may be specified in the order.

1. (2) The Governor shall, before making any order under sub-section (1), give to the Council a notice, containing the charges and opportunity of making representation within the period prescribed in the notice to the Governor in respect of the same.

Effect of dissolution.—When an order of dissolution has been passed under section 52, with effect from the date of the order,—

1. (a) all the members of the Council shall vacate their offices;
2. (b) all the powers, duties and functions of the Council and Executive Council shall be exercised, discharged and performed by such authority or authorities or such person or persons as may be appointed by the Governor in this behalf; and
3. (c) all property vested in the Council shall until it is reconstituted vest in the Government.

Members of the Council to be public servants.—The Chief Executive Councillor, and other members of the Council and the officers and other employees of the Council shall be deemed to be public servants within the meaning of section 21 of the Ranbir Penal Code.

Interpretation.—If any question arises as to the interpretation of any of the provisions of this Act or the rules made thereunder, the same shall be referred to the Government whose decision thereof shall be final.

Validation.—No act or proceeding of the Council or the Executive Council shall be deemed to be invalid merely by reason of existence of any vacancy in the Council or the Executive Council as the case may be, or because of any defect or irregularity in the constitution thereof or any irregularity in the procedure adopted.

Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the Council, the Chief Executive Councillor, the Chief Executive Officer, members of the Executive Council, any member, officer or any employee thereof for anything in good faith done or intended to be done in pursuance of this Act or rules or regulation made thereunder.

Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the Government may by order do anything, not inconsistent with the provisions of this Act, as may appear necessary or expedient for the purposes of removing the difficulty:

Saving Saving.—Nothing in this Act shall affect the application of any law, whether made before or after this Act, to the district, unless such law specifically provided for exclusion of the district from such application. Explanation.—For the purposes of this section "law" shall include any enactment, ordinance, regulation, order, rule, scheme, notification or other instrument having the force of law.

Power to make rules for conduct of elections.--The Government may make rules to regulate all or any of the following matters for the purposes of holding of elections of members under this Act, namely :--

1. (a) the manner of splitting up electoral rolls for Assembly Constituencies into parts for the purpose of constituting one or more of such parts into electoral rolls for a constituency ; and the officer or authority by whom such splitting up is to be carried out ;
2. (c) the appointment of returning officers, presiding and polling officers for elections ;
3. (d) the nomination of candidates, and the scrutiny of such nomination ;
4. (e) the deposits to be made by candidates and the time and manner of making such deposits ;
5. (f) the withdrawal of candidatures ;
6. (g) the appointment of agents of candidates ;
7. (h) the time and manner of holding elections ;
   • (i) the general procedure at the elections including the time, place and hours of poll and the method by which votes shall be cast ;
8. (j) the fee to be paid on an election petition ;
9. (k) any other matter relating to elections or election disputes in respect of which the Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and the provision is, in the opinion of the Government, necessary.

Power to make rules.--

1. (1) Without prejudice to the powers to make rules under any other provisions of this Act, the Government may by notification in the Government Gazette, make rules for the purposes of carrying out the provisions of this Act.
2. (2) In particular and without prejudice to the generality of foregoing powers, such rules may provide for.--
   • (i) the form in which an oath or affirmation has to be subscribed by a member under section 11.
   • (ii) the form in which an election petition shall be presented under sub-section
3. (1) of section 12 :
   • (iii) the taxes which the Council shall collect under clause
   • (i) of sub-section
4. (1) of section 24.
   • (iv) the salary, allowances and terms and conditions or the Chief Executive Councillor under section 35 :
   • (v) the manner in which Recruitment Board and Departmental Promotion Committee may be constituted under sub-section
5. (2) of section 41 :
   • (vi) the management of the Council Fund and the procedure to be followed in respect of payment into and withdrawal from the Council Fund under sub-section
6. (5) of section 43 ;
   • (vii) form in which accounts of the Council shall be kept under sub-section
7. (6) of section 43 :
   • (viii) the time and manner in which a draft budget shall be prepared and the grant of imprest for such other cases under sub-section
8. (1) of section 47 :
   • (ix) the period before which the approval of the Government has to be given for the purposes of sub-section
9. (2) of section 47 :
   • (x) the period within which the representation should be made under sub-section
10. (2) of section 52 :
    • (xi) any other matter for which rules have to be made under this Act.

Power to make regulations.--

1. (1) The Council shall have power, subject to the provisions of this Act and the rules made thereunder, to make, with the previous approval of the Government, regulations and bye-laws to be applicable within the district with respect to all or any of the matters required to be provided by regulations or bye-laws under any of the provisions of this Act.
2. (2) All regulations and bye-laws made under sub-section
3. (1) shall have effect upon their publication in the Government Gazette.