The Bruhat Bengaluru Mahanagara Palike Act, 2020
Chapter VIII PROCEDURE OF THE CORPORATION AND COMMITTEES
Chapter VIII PROCEDURE OF THE CORPORATION AND COMMITTEES
110. Proceedings of the Corporation and standing committees
(1) The first meeting of the corporation after the general election shall be held as early as possible after the publication of the results of such election and shall be convened by the Chief Commissioner. It shall be presided over by the Regional Commissioner of the revenue region having jurisdiction. (2) The meetings of the corporation and the standing committees shall be held in the office of the corporation and the business before them shall be disposed of in accordance with the prescribed procedure. Notices of such meetings shall be issued by the council secretary who in the case of meetings of the corporation shall do so in consultation with the Mayor and the Chief Commissioner and in the case of meetings of a standing committee in consultation with the chairman of such committee and the Chief Commissioner. Every notice shall specify the agenda for the meeting. Ordinarily no subject not included in the agenda shall be taken up at the meeting except matters considered urgent by the Mayor or the chairman which may be considered if supplementary agenda in respect thereof has been circulated among the councillors or members before the meeting. (3) The corporation may require any of its officers to attend any meeting of the corporation at which any matter dealt with by such officer in the course of his duties is being discussed when any officer is thus required to attend any such meeting he may be called upon to make a statement of facts or supply such information in his possession relating to any matter dealt with by him as the corporation may require.
Chapter VIII PROCEDURE OF THE CORPORATION AND COMMITTEES
111. Obligation laid on remaining Corporation authorities to carry out resolutions of the corporation
The committees constituted under this Act and the Chief Commissioner shall be bound to give effect to every resolution of the corporation unless such resolution is cancelled in whole or in part by the Government: Provided that, if, in the opinion of the Chief Commissioner any resolution of the corporation or a committee constituted under this Act contravenes any provision of this Act or any other law or of any rule, notification, regulation or bye-law made or issued under this Act or any other law, or of any order passed by the Government or is prejudicial to the interests of the corporation he shall, within fifteen days of the passing of the resolution, refer the matter to the Government for orders and inform the corporation or the committee, as the case may be, of the action taken by him at its next meeting and until the orders of the Government on such reference are received, the Chief Commissioner shall not be bound to give effect to the resolution.
Chapter VIII PROCEDURE OF THE CORPORATION AND COMMITTEES
112. The Corporation may call for extracts from proceedings, etc., from the standing committee, etc
The corporation may at any time call for any extract from any proceedings of any committee constituted under this Act, and any return, statement, account or report concerning or connected with any matter with which any such committee is empowered by or under this Act to deal; and every such requisition shall be complied with by the committee without unreasonable delay. (2) with a notice requiring him to show cause within a reasonable time to be named in such notice why the order should not be confirmed. (3) If the owner or builder fails to show cause to the satisfaction of the Zonal Commissioner, the Zonal Commissioner may confirm the order, with any modification he may think fit and such order shall then be binding on the owner. (4) If the construction or reconstruction of any building or hut is commenced contrary to the provisions of section 240 and the Zonal Commissioner is of the opinion that immediate action should be taken, then, notwithstanding anything contained in this Act, a notice to be given under sub-section (2) shall not be of less duration than twenty-four hours and shall be deemed to be duly served if it is affixed in some conspicuous part of the building or hut to which the notice relates and published by proclamation at or near such building accompanied by beat of drum, and upon such affixation and publication, all persons concerned shall be deemed, to have been duly informed of the matters stated therein. (5) It shall be lawful for the Zonal Commissioner, at any time, before or after making an order of demolition or of the stoppage of the construction or erection of any building or execution of any work, to make an order directing the sealing of such construction or erection or work or of the premises in which such erection or work is being carried on or has been completed, for the purpose of carrying out the provisions of this Act, for preventing from using such construction or erection. (6) Where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, the Zonal Commissioner may, for the purpose of demolishing such erection or work in accordance with the provision of this Act, order directing the sealing of such construction or erection of any work to be removed; (i) No person shall remove such seal except under an order made by the Zonal Commissioner; and (ii) Notwithstanding anything contained in this Chapter,no appeal shall lie against such an order of sealing.
Chapter VIII PROCEDURE OF THE CORPORATION AND COMMITTEES
113. Proceedings of the corporation, etc., not vitiated by disqualification, etc., of members thereof
(1) No act done or proceeding taken under this Act shall be questioned merely on the ground,- (a) of any vacancy or defect in the constitution of the corporation or of any standing committee; or (b) of any defect or irregularity in such act or proceeding, not affecting the merits of the case. (2) No disqualification of or defect in the election or appointment of any person acting as a councillor, Mayor or the Deputy Mayor or as the chairman or a member of any standing committee appointed under this Act shall be deemed to vitiate any act or proceedings of the corporation or of any such standing committee in which such person has taken part provided that the majority of the persons who were parties to such act or proceedings were entitled to act.
Chapter VIII PROCEDURE OF THE CORPORATION AND COMMITTEES
114. Record of proceedings
Proceeding of the meetings of the corporation and the standing committees shall be recorded by the council secretary and shall be placed before the next meeting for confirmation.
Chapter VIII PROCEDURE OF THE CORPORATION AND COMMITTEES
115. Proceedings of meetings to be good and valid until contrary is proved
Until the contrary is proved, every meeting of the corporation or of a standing committee in respect of the proceedings whereof a minute has been made and signed in accordance with this Act or the rules shall be deemed to have been duly convened and held and to be free from all defects and irregularities, and all the members of the meeting shall be deemed to have been duly qualified; and where the proceedings are proceedings of a standing committee such standing committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute.
Chapter VIII PROCEDURE OF THE CORPORATION AND COMMITTEES
116. The Chief Commissioner's right to attend and take part in discussion but not to move resolution or to vote
(1) The Chief Commissioner shall have the right to attend the meetings of the corporation and of any standing committee and to take part in the discussion but shall not have the right to move any resolution or to vote. (2) He shall attend any meeting of the corporation or of a standing committee if required to do so by the Mayor.
Chapter VIII PROCEDURE OF THE CORPORATION AND COMMITTEES
117. The Councillors to refrain from taking part in discussion and voting on questions in which they have pecuniary interest
(1) No councillor shall vote on or take part in the discussion of, any question coming up for consideration at a meeting of the corporation or any standing committee, if the question is one in which apart from its general application to the public he has any direct or indirect pecuniary interest by himself or his partner. (2) The Mayor or chairman may prohibit any councillor from voting on or partaking in the discussion of, any matter in which the councillor is believed to have such interest or he may require the councillor to absent himself during the discussion. (3) Such councillor may challenge the decision of the Mayor or chairman, who shall thereupon put the question to vote and the decision of the meeting shall be final. (4) If the Mayor or chairman is alleged by any councillor present at the meeting to have any such interest in any matter under discussion, he may, on the motion of such councillor if carried, be required to absent himself from the meeting during the discussion. (5) The councillor concerned shall not be entitled to vote on the question referred to in sub-section (3) and the Mayor or chairman concerned shall not be entitled to vote on the motion referred to in sub-section (4).
Chapter VIII PROCEDURE OF THE CORPORATION AND COMMITTEES
118. Submission of administration report to the Government
(1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government the corporation shall submit to the Government, a detailed report of the administration during the preceding year in such form as the Government may direct. (2) The Chief Commissioner shall prepare such report and the corporation shall consider the report and forward the same to the Government with its resolutions thereon, if any. (3) Copies of the administration report shall be kept for sale at the corporation office.
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