Right to attend meetings of Corporation and its Committees etc. and right of Councillor to ask the questions.

The Jammu and Kashmir Municipal Corporation Act, 2000

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Statutory text

(1) The Commissioner or any Corporation officer authorised by him in this behalf may attend, speak in, or otherwise take part in the proceedings of any meeting of the Corporation or any of its committees, but he shall not be entitled to vote in any such meeting.
(2) A Councillor may, subject to the provisions of sub-section (3) ask the Commissioner, during first half of any hour of every meeting, question on any matter relating to the municipal administration of the area or the administration of this Act.
(3) The right to ask a question shall be governed by the following conditions, namely :––
- (a) not less than seven days clear notice in writing specifying the question shall be given to the Commissioner ;
- (b) no question shall :––
  - (i) bring any name or statement not strictly necessary to make the question intelligible ;
  - (ii) contain arguments, ironical expressions, imputations, epithets or defamatory statement ;
  - (iii) ask for an expression of opinion or the solution of a hypothetical proposition ;
  - (iv) ask as to the character or conduct of any person except in his official or public capacity ;
  - (v) relate to a matter which is not primarily the concern of the Corporation or any of the Municipal authorities ;
  - (vi) make or imply a charge of a personal character ;
  - (vii) raise question of policy too large to be dealt with within the limits of an answer to a question ;
  - (viii) repeat in substance question already answered or to which an answer has been refused ;
  - (ix) ask for information on trivial matters ;
  - (x) ordinarily ask for information on matters of past history ;
  - (xi) ask for information set forth in accessible documents or in ordinary works of reference ;
  - (xii) raise matters under the control of bodies or persons not primarily responsible to the Corporation ; or
  - (xiii) ask for any information on a matter which is under adjudication by a Court of Law.
(4) The Mayor shall disallow any question, which is, in his opinion in contravention of the provisions of sub-section (3).
(5) If any doubt arises whether any question is or is not in contravention of the provisions of sub-section (3), the Mayor shall decide the point and his decision shall be final.
(6) The Commissioner shall not be bound to answer a question if it asks for information which has been communicated to him in confidence or in the opinion of the Mayor it cannot be answered without prejudice to public interest or the interest of the Corporation.
(7) Unless otherwise directed by the Mayor or the Presiding Officer of the meeting every question shall be answered by the Commissioner at a meeting of the Corporation.

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