Chapter II Chapter II

Constitution of Town Area and Town Area Committee and the Appointment of Servants

Declaration and defining limits of a town area.-(l) The Government may, by notification in the Government Gazette,-

1. (a) declare any town, village, suburb, bazar or inhabited place to be a town area for the purposes of this Act an& may unite, for the p of declaring the ,area constituted by such union .to be a town area, the whole or portion 'of any town, village, subtrb, lmmar or inhabited place with the whole or portion

Constitution of Town Area Committee.-When a local area, is declared to be a Town Area, there shall be for each town area a Committee consisting of-

1. (a) a Chairman elected by the members: Provided that the Government shall have power to nominate the Chairman for a period not exceeding six months;
2. (b) such number of members not being less than five or more than fifteen as in the case of each town area shall be prescribed by the Government in the declaration of town areas;
3. (c) Omitted.

1. (2) Notwithstanding anything contained in any Act, the Government may nominate not more than two persons having special knowledge or practical experience in respect of Local Self Government affairs to attend any meeting of a Committee and take part in its discussions and though not entitled to vote shall be treated as members in all respects.
2. (4) The election to a Town Area Committee shall be held on the basis of adult suffrage and joint electorate system as prescribed by rules.

Term of office of members of a Committee.-(1) Subject to the provisions of this Act, the term of office of a member shall be four years and shall commence from the date of the election or when the vacancy occurs: Provided that the term of office of a member chosen to fill a casual vacancy shall be the residue of the term of office of the member: Provided also that for urban local bodies defined by the Government, the term of office of such Committee shall be five years.

1. (2) If a member wishes to resign, he shall forward his resignation in writing to the Government through the Chairman and shall be deemed to have vacated his office from the date of receipt by the Committee of the information that his resignation has been accepted by the Government.

Removal of members.-(1) The Government may, if after affording the member an opportunity to make an explanation, a member, in its opinion, has so abused his position as a member as to render his continuance detrimental to the interest of the Committee or who is guilty of misconduct in the discharge of his duties as such member.

1. (2) A member removed under this section shall not be eligible for further election for a period of three years from the date of his removal: Provided that the members so removed shall be entitled to take the matter to the Government within one month from the date of communication of the removal order to him for review of the order of his removal and the Government may, if there is a sufficient cause, review its order.

Notification of election of a Chairman, Vice-Chairman or a Member.-The election of a Chairman, Vice-Chairman or a Member and every member shall be notified by the Government in the Government Gazette and no member shall enter upon his duties until his election has been so notified.

A. Qualification for seat.-A person shall not be qualified to be chosen to fill a seat unless he makes and subscribes before the Returning Officer at the time of nomination papers, in the following manner:

1. (l) A person shall not be qualified to be a member of a Committee on a seat to be filled by appointment unless before entering upon his duties he makes and subscribes before some person authorised by the Government an oath or affirmation in the following form: 'I, A. B., having been nominated as a candidate to fill a seat in the Town Area Committee of do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of the State as by law established and that I will uphold sovereignty and integrity of India.' ; 'I, A. B., having been chosen to fill a seat in the Town Area Committee of do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of the State as by law established and that I will uphold sovereignty and integrity of India.' ;

Incorporation of the Committee.-Every Committee shall be a body corporate by the name of the Town Area Committee of the town specified by reference, to which the town area is constituted and shall have perpetual succession and common seal, with power to acquire and hold property, both movable and immovable, and subject to the provisions of this Act or any rules made thereunder, to transfer any property held by it and to contract and do all other things necessary for the purposes of its constitution and may sue and be sued in its corporate name.

Disqualifications for membership.-A person shall be disqualified for being chasen as, or for being a member of a Committee,-

1. (a) if he is under 325) years of age ;
2. (b) if he has been adjudger by a competent Court to be of unsound mind ;
3. (c) if he is an undischarged insolvent or being a discharged insolvent has not obtained from a competent Court a certificate that his insolvency was caused by misfortune without any misconduct on his part :
4. (d) if he is a person who has been convicted of and sentenced for an offence (other than an offence of a political nature) punishable with imprisonment for not less than two years, unless a period of 5 years or such less period as the [Government] may allow in any particular case, has elapsed since his release : provided that this clause shall not apply to an offender who has been released under the provisions of section 562 of the Code of Criminal Procedure, 1989 ;
5. (e) if he is in arrears in the payment of any dues to the town area ;
6. (f) if he is a mute or leper :
7. (g) if he holds an office of profit under the Jammu and Kashmir Government or Government of India or of any other State in India or is a salaried employee in any Municipal or local-body in the State :
8. (h) if he has directly or indirectly any share or interest in any contract with, by or on behalf of the Committee while owning such share or interest : [(i) if he is not a permanent resident of the State :] [(j) if he has been convicted of an offence under the Protection of Civil Rights Act, 1955 :

Election and term of office of Chairman Election and term of office of Chairman.-(1) The Chairman of a Committee declared to be a Town Area under clause

1. (a) of sub-section

1. (1) of section 3 shall be elected by the Committee at its first meeting from amongst its members for a term of four years or the residue of the term of the Committee, whichever is less.
2. (2) Every Town Area Committee shall elect a Vice-Chairman from amongst its members and such Vice-Chairman shall, in the absence of the Chairman discharge all the duties of the Chairman.
3. (3) An outgoing Chairman or Vice-chairman, if otherwise qualified, shall be eligible for reelection.
4. (4) Whenever a vacancy in the office of Chairman or Vice-Chairman occurs by death, resignation or otherwise, a Chairman or Vice-Chairman, as the case may be, shall be elected in the same manner.
5. (5) The term of office of Vice-Chairman shall be four years, or the residue of his term of office as member, whichever is less. [(6) Whenever-
   • (i) an elected Chairman or Vice-Chairman voluntarily submits in writing his resignation of his office to the Director of Local Bodies, he shall vacate his office only when a notification is issued by the Government in this behalf ;
   • (ii) two-thirds of the members serving in the Committee pass a vote of no-confidence against him the Government may remove him from office after issuing such further orders as it may deem fit. Explanation.--It will not be valid ground for moving a motion of no-confidence against any Chairman or Vice-Chairman against whom a vote of no-confidence is passed, that the meeting of the Committee was not convened by him.]
6. (7) Any elected Chairman or Vice-Chairman may be removed by the Government on the ground of abuse of his powers or his failure to perform his duties, after affording him an opportunity to make a representation and the Government may, if there is a sufficient cause, review its order.]

A. Vacancies not to invalidate proceedings.--No act done or proceeding taken under this Act shall be questioned on the ground merely of the existence of any vacancy in any Town Area Committee or on account of any defect or irregularity not affecting the merits of the case.