Constitution of the Corporation

(1) The Corporation shall consist of,- (a) such number of elected Councilors representing each ward determined by the Government under sub-section (3) of section 7. (b) the Government shall nominate such members from the residents of the city and such members shall not exceed ten percent of the Councillors:- (i) who are persons having special knowledge and experience in municipal administration or matters relating to health, town planning or education; or (ii) who are social workers; Provided that, the persons referred to in clause (b) shall not have right to vote in the meetings of the Corporation. (c) The Members of the House of people whose constituencies are within the area of the Corporation and the Members of the Council of States who are registered as voters in the Corporation. (d) The Members of Legislative Assembly whose constituencies are within the area of the Corporation and the Members of Legislative Council who are registered as voters in the Corporation. (2) Seats shall be reserved in a corporation,- (a) for the Scheduled Castes; and (b) for the Scheduled Tribes: and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the corporation as the population of the Scheduled Castes in the city or of the Scheduled Tribes in the city bears to the total population of the city. (3) Such number of seats which shall as nearly as may be, one third of the total number of seats to be filled by direct election in a corporation shall be reserved for persons belonging to the Backward Classes: Provided that, the number of seats so reserved for the Backward Classes under this sub-section shall be so determined, that the total number of seats reserved for the Scheduled Castes and Schedule Tribes and the Backward Classes under sub-sections (2) and (3) shall not exceed fifty percent of the total number of seats in the Corporation. Provided further that, out of the seats reserved under this sub-section, eighty percent of the total number of such seats shall be reserved for the persons falling under category "A" and the remaining twenty percent of the seats shall be reserved for the persons falling under category "B": Provided also that, if no person falling under category "A" is available, the seats reserved for that category shall also be filled by the persons falling under category "B" and vice-versa: (4) Not more than fifty percent of the seats reserved for each category of persons belonging to the Scheduled Castes, the Scheduled Tribes and backward classes and those of the non-reserved seats to be filled by direct election in a corporation shall be reserved for women: Provided that, the seats reserved in this sub-section shall be allotted by rotation to different wards in a city. (5) The Councilors referred to in of sub-section (1) shall be elected in the manner provided in this Act. (6) Nothing contained in sub-sections (2), (3) and (4) shall be deemed to prevent the members of the Scheduled Castes, Scheduled Tribes, backward classes or women from standing for election to the non-reserved seats. (7) Notwithstanding anything contained in this Act, where two thirds of the total number of Councillors required to be elected have been elected, the Corporation shall be deemed to have been duly constituted under this Act. (3) Provided further that, out of the seats reserved under this sub-section, eighty percent of the total number of such seats shall be reserved for the persons falling under category "A" and the remaining twenty percent of the seats shall be reserved for the persons falling under category "B": Provided also that, if no person falling under category "A" is available, the seats reserved for that category shall also be filled by the persons falling under category "B" and vice-versa: (4) Not more than fifty percent of the seats reserved for each category of persons belonging to the Scheduled Castes, the Scheduled Tribes and backward classes and those of the non-reserved seats to be filled by direct election in a corporation shall be reserved for women: Provided that, the seats reserved in this sub-section shall be allotted by rotation to different wards in a city. (5) The Councilors referred to in of sub-section (1) shall be elected in the manner provided in this Act. (6) Nothing contained in sub-sections (2), (3) and (4) shall be deemed to prevent the members of the Scheduled Castes, Scheduled Tribes, backward classes or women from standing for election to the non-reserved seats. (7) Notwithstanding anything contained in this Act, where two thirds of the total number of Councillors required to be elected have been elected, the Corporation shall be deemed to have been duly constituted under this Act. In the Principal Act, in section 143,- (i) in sub-section (1), after clause (c), the following shall be inserted namely:- “(d) Collect such other cesses, along with the property tax, as may be prescribed by the Government to be collected under any other law in force and whose proceeds are required to come to the Corporation or otherwise.” (ii) for sub-section (2), the following shall be substituted, namely:- “(2) All monies collected in the form of cess or otherwise shall be credited to a separate head of account and shall be known as the respective cess fund or by the name of the tax or the levy under which it is collected.” (iii) in sub-section (3), for the word “accessed”, the word “assessed” shall be substituted. (iv) in sub-section (4), for the words “before the tribunal”, the words “to the prescribed authority” shall be substituted. In the Principal Act, in section 149,- (i) in sub-section (1), the following proviso shall be inserted at the end, namely:- “Provided that, in case of transactions registered under the Registration Act, 1908 (Central Act 16 of 1908) where such information is received from the concerned Sub Registrar, it shall not be mandatory to notify such a transfer by the person primarily liable for payment of property tax.” (ii) for sub-section (3), the following shall be substituted, namely:- “(3) Whenever such transfer comes to the knowledge of the Chief Commissioner or authorised officer through such notice or otherwise, the name of the transferee shall be entered in the property tax register. (iii) sub-section (5) and entries relating thereto shall be omitted. (iv) in sub-section (6), for the words, “without consulting the Board or local authority concerned”, the words “without confirmation of order of transfer of such a building or land by the said Board or local authority concerned” shall be substituted.