Functions of President

Functions of President. (e) if, having been a legal practitioner, he has been dismissed or suspended from practice by order of a competent authority the disqualification in the latter case being operative during the period of such suspension; or (f) if he has been removed from office under section 41 of this Act; or (g) if he is unsound mind and stand so declared by competent court; or (h) if he is an undischarged insolvent; or (i) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; or (j) if he is so disqualified by or under any law for the time being in force for the purpose of election to the State Legislature: Provided that no person shall be disqualified on the ground that he is less than twenty-five years, if he has attained the age of twenty-one years. (k) if, save as hereinafter provided, he has directly or indirectly by himself or his partner any share or interest in any work done by order of the municipal council, or in any contract or employment with or under, or by or on behalf of the municipal council; or (l) if he is employed as paid legal practitioner on behalf of the municipal council or accepts employment as legal practitioner against the municipal council; or (m) if he is a licensed surveyor, or plumber or water supply contractor of the municipal council or is a partner of a firm of which any such licensed person is a partner; or (n) if he fails to pay any arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the municipal council within three months after a notice in this behalf has been served upon him; or (o) if he has in proceedings questioning the validity or regularity of an election been found to have been guilty of,— (i) any corrupt practice, or (ii) any offence punishable under section 171-E or section 171-F of the Indian Penal Code, or any offence punishable under section 36 or clause (a) of sub-section (2) of section 37 of this Act, unless a period of five years has elapsed since the date of the finding, or the disqualification has been removed by order by the Government: Provided that,— (a) the disqualification in sub-clause (b) shall cease to operate after the expiry of the period during which a person is ordered to furnish security; (b) a person shall not be deemed to have incurred any disqualification under clause (c) by reason only of his receiving,- (i) any pension, or (ii) any allowance or facility approved by the Government for serving as president or vice-president or as councillor; (c) the disqualification in clauses (a), (d) and (f) shall cease to operate after the expiry of four years from the date of such sentence, dismissal, or removal or earlier by an order of the Government; (d) a person shall not be deemed to have incurred disqualification under sub-clause (k) by reason of his,— (i) having any share or interest in any lease, sale or purchase of any immoveable property or in any agreement for the same, or (ii) having a share or interest in any joint stock company otherwise than as a managing director or agent or in any literary association registered under the Societies Registration Act or in any co-operative society which shall contract with or be employed by, or on behalf of the municipal council, or (iii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the municipal council may be inserted, or (iv) holding a debenture or being otherwise interested in any loan raised by, or on behalf of the municipal council, or (v) having a share or interest in the occasional sale of any article in which he regularly trades, to the municipal council to a value not exceeding in any one official year, such amount as may be prescribed, or (vi) having a share or interest in the occasional letting out on hire to the municipal council, or in the hiring from municipal council, of any article for an amount not exceeding in any official year fifty rupees or such higher amount not exceeding five hundred rupees as may be prescribed. (1A) A person shall be disqualified for being a Councillor if he is so disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987. (1B) A person shall be disqualified for being chosen as and for being a Councillor if he is disqualified under section 16C. Provided that the disqualification under this sub-section shall cease to operate after the expiry of three years from the date of the order made under section 16C; (2) If any councillor during the term for which he has been elected or appointed,— (a) becomes subject to any disqualification specified in sub-section (1), or (b) votes or takes part as a councillor in the discussion of any matter,— (i) in which he has directly, or indirectly, by himself, or his partner, any such share or interest as is described in sub-clause (i), (ii), (iii) or (v) of clause (d) of the proviso to sub-section (1) whatever may be the value of such share or interest, or (ii) in which he is professionally interested on behalf of a principal or other person, or (iii) in which he is engaged at the time in any proceeding against the municipal council, or (c) absents himself from the meetings of the municipal council, during three consecutive months except with the leave of the municipal council: Provided that no such leave shall be granted in case of absence from the meetings of the municipal council during a period exceeding six consecutive months: Provided further that when an application is made by a councillor to the municipal council for leave to absent himself and the municipal council fails to inform the applicant of its decision on the application within a period of one month from the date of the application, the leave applied for shall be deemed to have been granted by the municipal council, the Deputy Commissioner either suo motu or on a report made to him and after such inquiry as he deems fit, shall declare the seat of the person concerned to have become vacant. (3) Any person aggrieved by the decision of the Deputy Commissioner under sub-section (2) may, within a period of thirty days from the date of such decision, appeal to the Government if the person affected by the order was a councillor of a city municipal council and to the Director of Municipal Administration if such person was a councillor of a town municipal council and the orders passed by the Government or the Director of Municipal Administration on such appeal shall be final: Provided that no order shall be passed under sub-sections (2) and (3) against any councillor without giving him a reasonable opportunity of being heard. (1) Subject to the provisions of Chapter XIV, it shall be the duty of the president of a municipal council to,— (a) preside, unless prevented by reasonable cause, at all meetings of the municipal council and subject to the provisions of the rules for the time being in force under clause (a) of sub-section (2) of section 323, to regulate the conduct of business at such meetings; (b) watch over the financial and executive administration of the municipal council; (c) perform all the duties and exercise all the powers specifically imposed or conferred upon him by, or delegated to him under and in accordance with this Act; (d) furnish within a period of a fortnight to the Commissioner or to such other officer as the Director of Municipal Administration shall from time to time nominate in this behalf, a copy of every resolution passed at any meeting of the municipal council; and (e) furnish any extract from the minutes of the proceedings of the municipal council or of any committee or other document or thing which the Director of Municipal Administration or other officer calls for under section 304. (2) The President of a municipal council may, in cases of emergency direct the execution or stoppage of any work or the doing of any act which requires the sanction of the municipal council, and the immediate execution or doing of which is, in his opinion, (1) Subject to the provisions of Chapter XIV, it shall be the duty of the president of a municipal council to,— (a) preside, unless prevented by reasonable cause, at all meetings of the municipal council and subject to the provisions of the rules for the time being in force under clause (a) of sub-section (2) of section 323, to regulate the conduct of business at such meetings; (b) watch over the financial and executive administration of the municipal council; (c) perform all the duties and exercise all the powers specifically imposed or conferred upon him by, or delegated to him under and in accordance with this Act; (d) furnish within a period of a fortnight to the Commissioner or to such other officer as the Director of Municipal Administration shall from time to time nominate in this behalf, a copy of every resolution passed at any meeting of the municipal council; and (e) furnish any extract from the minutes of the proceedings of the municipal council or of any committee or other document or thing which the Director of Municipal Administration or other officer calls for under section 304. (2) The President of a municipal council may, in cases of emergency direct the execution or stoppage of any work or the doing of any act which requires the sanction of the municipal council, and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the expenses of executing such work or doing such act shall be paid from the municipal fund: Provided that,— (a) he shall not act under this section in contravention of any order of the municipal council prohibiting the execution of any particular work or the doing of any particular act, and (b) he shall report forthwith the action taken under this section and the reason therefor to the standing committee at its next meeting. (3) The President shall have the following additional powers, namely:— (a) to issue directions to the Municipal Commissioner or the Chief Officer to implement the resolutions of the Council or the Standing Committees; (b) to require the Administration Report and the Annual Report of the Council prepared and placed before the end of the year; (c) to issue directions to the concerned officers to comply with the points made out in the audit report; (d) to undertake inspection and supervision of the works taken up by the Council; and (e) to call for any record but the same to be returned within one month. (4) The President shall ex-officio be a member of all the standing committees but without the power of vote on any question. (5) The Municipal Commissioner or the Chief Officer shall, whenever they address communications to Government, simultaneously forward copies thereof to the President.