Chapter III CONSTITUTION OF MUNICIPAL AUTHORITIES

INCORPORATION AND ADMINISTRATION OF MUNICIPALITY,—

1. (1) Every Municipality shall be a body corporate by the name of the Municipality specified in the notification issued under section 4, shall have perpetual succession and a common seal, and shall, subject to any restriction or alteration imposed by or under this Act or any other law, be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, movable or immovable, of entering into contracts, and of doing all things necessary, proper or expedient for the purpose for which it is so constituted.
2. (2) Every Municipality, shall exercise such powers, perform such duties and functions and shall have such responsibilities and authority as are provided by or under this Act or any other law for the time being in force.

CONSTITUTION OF COUNCIL.—

1. (1) The Government shall, in accordance with the criteria specified in sub-section (3), notify the total number of seats of the Councillors to be filled up by direct election in a Town Panchayat, Municipality and Municipal Corporation considering the population of the area of the Municipality concerned.
2. (2) The Government may, after publishing the relevant data according to each census, vary the total number of seats of Councillors in a Municipality notified under sub-section (1) subject to the criteria specified in sub-section (3).
3. (3) The number of seats of Councillors notified under sub-section (1) or sub-section (2), shall be,—
   • (a) In the case of a Town Panchayat or a Municipal Council,—
     • (i) Twenty, where the population in the area of the Town Panchayat or Municipal Council does not exceed twenty thousand, and
     • (ii) Where the population of the Town Panchayat or Municipal Council exceeds twenty thousand, twenty, for the population of first twenty thousand, and one each for every two thousand and five hundred of the population exceeding twenty thousand, subject to a maximum of fifty Councillors;
   • (b) In the case of a Municipal Corporation,—
     • (i) fifty, where the population in the area of the Municipal Corporation does not exceed four lakhs, and
     • (ii) Where the population exceeds four lakhs, fifty, for the population of first four lakhs and one each for every ten thousand exceeding four lakhs subject to a maximum of one hundred Councillors;
4. (4) The Councillors of every Municipality shall be elected by direct election.
5. (5) Specified seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality. The number of seats to be reserved in a Municipality shall be determined by the Government. 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 that Municipality as the population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the municipal area bears to the total population of that area and such seats may be allotted by rotation to different wards in a Municipality as the the State Election Commission or an officer authorised by it may, determine for each general election: Provided that where the population of the Scheduled Castes or the Scheduled Tribes in a municipal area is not sufficient to make them eligible for the reservation of any seat, one seat shall be reserved in that Municipality for the Scheduled Castes or the Scheduled Tribes having higher population.
6. (6) Not less than one-third of the total number of seats reserved under sub-section (5) shall be reserved for women belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes: Provided that where the number of seats reserved for the Scheduled Castes or as the case may be, the Scheduled Tribes under sub-section (5) is only one, that seat need not be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
7. (7) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved by the Government for women and such seats may be allotted by rotation to different wards in a Municipality as the the State Election Commission or an officer authorised by it may, by notification in the Gazette, determine for each general election.
8. (8) Nothing contained in sub-sections (5) to (7) shall be deemed to prevent persons belonging to the Scheduled Castes, Scheduled Tribes or Women from being a candidate to the election to the unreserved seats in a Municipality.
9. (9) The officer authorised in this behalf by the State Election Commission shall, by draw of lots, determine the wards to which seats reserved for Scheduled Castes and Scheduled Tribes under sub-section (5) and for Women under sub-sections (6) and (7) are to be allotted by rotation at such time and on such date and at such place as may be notified by the Commission.
10. (10) Immediately after deciding the reserved wards under sub-section (9), the State Election Commission shall notify the list of wards so reserved, in the manner prescribed.

DURATION OF MUNICIPALITIES AND TILLING UP OF VACANCIES.—

1. (1) Every Municipality, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer.
2. (2) An election to constitute a Municipality shall be completed,-
   • (a) before the expiry of its duration specified in sub-section (1); or
   • (b) before the expiration of a period of six months from the date of its dissolution; as the case may be: Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election for constituting the Municipality for such period.
3. (3) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under sub-section(1), had it not be so dissolved. (3 A) A casual vacancy in the office of a Councillor shall be reported directly by the Secretary concerned to the State Election Commission within seven days from the date of occurrence of that vacancy and the Secretary who fails to report so without proper reason shall be punishable with a fine which may extend to one thousand rupees and for which the State Election Commission shall have power to initiate the prosecution steps.
4. (4) Election to fill a casual vacancy in the office of a Councillor shall be held by the State Election Commission within six months, after the occurence of that vacancy; Provided that it shall not be necessary to hold an election to fill a vacancy, the duration of which is less than six months.
5. (6) A Councillor elected to fill a casual vacancy shall be eligible to hold office for the remaining term of the person in whose place he was elected.

Procedure where no Councillor is elected from any ward of a Municipality.—

1. (1) Where, for any reason, a Councillor could not be elected from any of the wards, at an election the State Election Commission shall hold an election within three months to elect a Councillor from that ward.
2. (2) The term of office of a Councillor elected under sub-section( 1) shall be co-terminus with the term of the Municipality to which he is elected.

RESERVATION TO BE SUBJECT TO ARTICLE 334.— Notwithstanding anything contained in section 6 and section 10, reservation of seats in the Municipalities and in the offices of Chairman or Mayor thereof, as the case may be, for the Scheduled Castes or the Scheduled Tribes shall cease to have effect on the expiration of the period fixed in Article 334 for the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the State Legislative Assembly:

Mayor or Chairman of a Municipality MAYOR OR CHAIRMAN OF A MUNICIPALITY.—

1. (1) There shall be a Chairman in every Town Panchayat and Municipal Council and a Mayor in every Municipal Corporation who shall be elected by the elected Councillors of the respective Municipalities from among themselves, in such manner as may be prescribed. The Chairperson shall be a full-time functionary of the Municipality.
2. (2) Such number of the offices of Chairmen of Town Panchayats, Chairmen of Municipal Councils and Mayor of Municipal Corporations shall be reserved for the Scheduled Castes or, as the case may be, the Scheduled Tribes by the Government and the offices of the Chairmen of the Town Panchayats, Chairmen of the Municipal Councils and Mayor of the Municipal Corporations so reserved may be allotted by rotation to different Town Panchayats, Municipal Councils or, as the case may be, the Municipal Corporations as the State Election Commission may, by notification in the Gazette, determine for each general election.
3. (3) The total number of offices of Chairmen in the Town Panchayats, Chairmen in the Municipal Councils or Mayor of the Municipal Corporations, as the case may be, to be reserved for the Scheduled Castes and the Scheduled Tribes under sub-section
4. (2) shall bear as nearly as may be, the same proportion to the total number of offices of Chairmen in the Town Panchayats, Chairmen of the Municipal Councils or Mayor of the Municipal Corporations, as the case may be, as the population of the Scheduled Casts or as the case may be, the Scheduled Tribes, in the Municipalities in the State bear to the total population of the Municipalities.
5. (4) Not less than one-third of the offices of the Chairpersons in the Town Panchayats, Municipal Councils and Municipal Corporations reserved under sub-section (2), shall be set apart by Government for women belonging to Scheduled Castes, or as the case may be, Scheduled Tribes and for each general election the seats so reserved shall be allotted by the State Election Commission, by notifications in the Gazette, to different Town Panchayats or Municipal Councils or Municipal Corporations, as the case may be, by rotation: Provided that where the number of offices of Chairpersons reserved for the Scheduled Castes or as the case may be, the Scheduled Tribes under sub-section (2) is one, that seat need not be reserved for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes.
6. (5) Not less than one-third of the total number of offices of the Chairpersons in the Town Panchayats, Municipal Councils and Municipal Corporations, shall be reserved for women by the Government and the seats so reserved shall be allotted by the State Election Commission (including those reserved under sub-section (4)), by rotation to different Town Panchayats, Municipal Councils and Municipal Corporations, as the case may be.
7. (6) Procedure of rotation under sub-section
8. (2) and sub-section
9. (5) shall begin from the Municipality having the highest percentage of population of the Scheduled Castes or Scheduled Tribes or women as the case may be, and thereafter to the Municipality having the next higher percentage of population and shall be so continued in like manner: Provided that if the Municipality, the office of Chairperson of which is eligible for reservation for women is the same as the Municipality the office of Chairperson of which is to be reserved for the Scheduled Castes or Scheduled Tribes, then, in reserving the office of Chairperson priority shall be given to persons belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes and in lieu, the office of the Chairperson of the Municipality, having the next higher percentage of women population in turn shall be reserved for women. Provided further that in Municipalities where the office of the Chairperson is to be reserved for women belonging to Scheduled Castes or Scheduled Tribes and in Municipalities the highest percentage of population is women, the office of the Chairperson shall be reserved for women belonging to Scheduled Castes or Scheduled Tribes by rotation.
10. (7) No person shall be eligible for being elected as Chairperson unless-
    • (i) he is elected as Councillor;
    • (ii) in the case of offices of Chairpersons reserved for the Scheduled Castes or the Scheduled Tribes, he himself is a member of any of the Scheduled Castes or the Scheduled Tribes;
    • (iii) in the case of office of Chairperson reserved for women, such person is a woman.
11. (8) The term of office of a Chairperson shall be co-terminus with that of his term as a Councillor unless he resigns or becomes disqualified to hold the office of a Councillor.

DEPUTY CHAIRPERSONS OF THE MUNICIPALITIES.—

1. (1) There shall be a Vice-Chairman in every Town Panchayat and Municipal Council and a Deputy Mayor in every Municipal Corporation who shall be elected by the elected Councillors of the respective Municipalities from among themselves in such manner as may be prescribed.
2. (2) A Deputy Chairperson shall be deemed to have vacated his office-
   • (i) on his ceasing to be a Councillor on the expiry of his term of office or otherwise; or
   • (ii) on his election as Chairperson.
3. (3) Where the office of a Chairperson is vacant, the Deputy Chairperson shall exercise the powers and discharge the duties of the Chairperson until a newly elected Chairperson assumes office. (4)
   • (a) Where the office of a Chairperson is vacant and there is vacancy in the office of Deputy Chairperson or the Deputy Chairperson has been continuously absent from jurisdiction for more than fifteen days or is incapacitated, the Chairman of the Standing Committees in the order referred to in sub-section
4. (1) of section 20 shall, until a new Chairperson or Deputy Chairperson is elected and assumes office, or the Deputy Chairperson returns to jurisdiction or recovers from his incapacity, as the case may be, shall exercise the powers and perform the functions of the Chairperson.
   • (b) Where a Chairperson has been continuously absent from jurisdiction for more than fifteen days or is incapacitated and there is vacancy in the office of the Deputy Chairperson or the Deputy Chairperson has been continuously absent from jurisdiction for more than fifteen days or is incapacitated, the Chairmen of the Standing Committees in the order referred in sub-section (1) of section 20 shall exercise the powers and perform the functions of the Chairperson until the Deputy Chairperson returns to jurisdiction or recovers from his incapacity, as the case may be.
   • (c) Where there are no Chairmen of Standing Committees to hold the office of the Chairpersons as provided under clauses (a) and (b), an elected Councillor nominated by the Government shall exercise the powers and perform the duties of the Chairperson of the Municipality for the period referred to in the said clause.

Election of the Chairperson and Deputy Chairperson.-

1. (1) The meeting to elect the Chairperson or Deputy Chairperson shall be convened within three weeks from the date of publication of the names of the elected Councillors, by the State Election Commission, on such date as may be fixed by the State Election Commission.
2. (2) The State Election Commission shall designate or nominate an officer of the Government as the returning officer for the election of the Chairperson or Deputy Chairperson.
3. (3) It shall be the duty of the returning officer to do all such acts and things as are necessary for the efficient conduct of the election, in the manner prescribed. (3A) Election shall be by means of open ballot and the Councillor who casts his vote shall write his name and affix his signature on the reverse side of the ballot paper.
4. (4) The State Election Commission shall publish the result of the election of the Chairperson and Deputy Chairperson, in such manner as may be prescribed.
5. (5) Where the Chairperson or the Deputy Chairperson could not be elected at an election conducted in accordance with this Act, a fresh election [shall be conducted within forty-five days] for the election of the Chairperson or Deputy Chairperson, as the case may be.
6. (6) Where any dispute arises as to the validity of the election of the Chairperson or Deputy Chairperson of a Municipality any Councillor of that Municipality may file a petition before the District Court having jurisdiction over the area of the headquarters of that Municipality, for decision and such decision shall be final. (6A) The validity of election of the Chairperson or Deputy Chairperson shall not be called in question on the ground of any vacancy of the office of the Councillors or any of the Councillor was absent in the election meeting.
7. (7) Every petition referred to in sub-section (6) shall be disposed of in accordance with the procedure prescribed to be followed while trying a suit under the
8. (8) Every petition referred to in sub-section (6) shall be reported by the Secretary to the State Election Commission, in such manner as may be prescribed, and the State Election Commission shall, in accordance with the provisions of this Act, take steps for the election of a Chairperson or Deputy Chairperson, as the case may be. (8A) The State Election Commission may declare the office of the Chairperson or Deputy Chairperson, as vacated on his own motion where the person not, entered upon his office, without sufficient cause, by taking oath or affirmation within a period of fifteen days from the date he was declare elected as such as Chairperson or Deputy Chairperson.

Honorarium and Allowances to Chairperson, Deputy Chairperson and Councillors of Municipalities.—

1. (1) The Chairperson, Deputy Chairperson and other Councillors of a Municipality shall be paid honorarium and allowances of such rates as may be prescribed.
2. (2) The Chairperson and Deputy Chairperson of a Municipality shall be eligible while travelling in public purpose for travelling allowances and daily allowance at such rates as may be prescribed.

FUNCTIONS OF THE CHAIRPERSON.— The Chairperson of a Municipality shall-

1. (a) convene the meetings of the Council;
2. (c) exercise the powers and discharge the duties specifically conferred or imposed on him by this Act; and
3. (d) exercise overall supervision over the working of the Municipality and shall co ordinate the functions of the Municipality, the Secretary and the Committees thereof.

POWERS OF CHAIRPERSON.—

1. (1) Subject to the provisions of this Act, the Chairperson shall have powers of inspection and may give such directions and orders as he thinks fit with regard to the implementation of any resolution of the Council or Committees in the discharge of any function of a Municipality and the Secretary shall be bound to comply with such direction.
2. (2) Except as otherwise provided in this Act or thereunder, the administrative powers to implement the provisions of this Act and the resolutions passed by a Council, shall be vested in the Chairperson and he shall be directly responsible for the proper discharge of the functions imposed by or under this Act.
3. (3) Without prejudice to the generality of the foregoing provisions the Chairperson shall-
   • (a) preside over and control the proceedings of the meetings of the council of the Municipality of which he is the Chairperson;
   • (b) supervise and control the acts done and steps taken by the officers and employees of the Municipality, prepare the confidential report of the Secretary and also review the confidential reports prepared by the Secretary in respect of other employees;
   • (c) meet the contingent expenses to such extent, as may be fixed by the Government from time to time;
   • (d) authorise the payment and repayment of money relating to the Municipality;
   • (e) cause to be prepared the statements and reports required to be prepared by or under this Act;
   • (f) exercise such other powers and perform such other functions that may be conferred or entrusted under the provisions of this Act or the rules made thereunder.
4. (4) The Chairperson may, in emergent circumstances, direct the execution of any work or performance of any act, in respect of which sanction of the Council is necessary and in his opinion the immediate execution or performance of which is necessary for the safety of the public and may also direct that the expenses incurred for the execution of such work or performance of such act be paid from the fund of the Municipality; Provided that,—
   • (a) no act shall be done under this section in contravention of any decision of the Council prohibiting the execution of any work in the performance of any particular act; and
   • (b) the steps taken under this sub-section and the reasons therefor shall be reported at the next meeting of the Council and its approval obtained.
5. (5) The Chairperson shall call the Secretary or any officer or employee under the control of Municipality including the Government Officer or employee transferred by the Government to the service of the Municipality to discuss with him on any matters relating to the functions and administration of the Municipality which are vested in or delegated to the Municipality by or under this Act, and it shall be the duty of such officer or employee to attend such discussion or the meetings convened by the Chairperson.
6. (6) The Chairperson shall have the power to suspend from service any officer or employee in the service of Municipality if necessary, other than the Secretary and other Government Officers in the Gazetted rank, transferred to the service of the Municipality, where disciplinary action have to be taken against them, on grounds of gross negligence of duty, dereliction of duty and violation of rules and standing orders: Provided that the Chairperson shall place the order of suspension before the Council in its next meeting and get the order ratified by the Council, failing which the order shall stand invalid.
7. (7) The Chairperson shall have the power to call for from the Secretary or any other officer under the Municipality, any file and record in writing relating to the administration of the Municipality and issue directions and orders thereon in accordance with the provisions of this Act, rules or standing orders made thereunder: Provided that the Chairperson shall not call for the files and records which are related to the exercise of statutory functions regarding Municipal Administration vested only in the Secretary or any other officer.
8. (8) The Chairperson shall refer to the Government for decision at once, any resolution passed by the council which in his opinion has not been legally passed or is in excess of power conferred by this Act or any other law or if carried out is likely to endanger human life or health or public safety.

ACCESS TO RECORDS AND CHANNEL OF CORRESPONDENCE. —

1. (1) The Chairperson shall have power to inspect all records of the Municipality and direct the Secretary to submit such records as he thinks necessary, for inspection.
2. (2) All official correspondence from the Secretary to the Government and to any other authority not below the rank of district level officer of the Government and vice- versa, shall be routed through the Chairperson: Provided that all correspondences to the Government or other local authorities except that the Chairperson by general or special order authorises the Secretary in this behalf shall have the approval of the Chairperson: Provided also that where the correspondences are in respect of a resolution of the council passed in contravention to any of the provisions in this Act or Rules and to furnish any information or statement or record as requested by the Government, the Secretary may address the Government directly.

The Chairperson to be a member of every Committee The Chairperson to be a member of every Committee.—The Chairperson shall be an ex-officio member of every Committee of a Municipality and shall have all powers of a member of such Committee except the right to vote.

Delegation and devolution of functions of Chairperson.—(1) The Chairperson may, by order in writing, delegate any of his functions to the Deputy Chairperson:

Provided that he shall not delegate any of his functions which the Council expressly prohibits him from delegating.

1. (2) Where the Chairperson is continuously absent from jurisdiction for more than fifteen days or is incapacitated, his functions shall, during such absence or incapacity, devolve on the Deputy Chairperson: Provided that where the Chairperson is within the State during such absence and is on business connected with the affairs of the Municipality, his functions shall not devolve on the Deputy Chairperson.
2. (3) Where the Deputy Chairperson also is continuously absent from jurisdiction for more than fifteen days or is incapacitated or the office of the Deputy Chairperson is vacant, the Chairperson shall, by an order in writing, delegate his functions to Chairman of Standing Committee shall, in the order specified in sub-section (1) of Section 20.
3. (4) Every order made under sub-section
4. (3) shall be communicated forthwith to the Council.
5. (5) Where an order of delegation of functions of Chairperson made under sub-section
6. (3) is in force, no further delegation of any function shall be made in favour of any Chairman of Standing Committee other than the Councillor in whose favour such order was made.
7. (6) The discharge of the functions delegated under sub-section (1) or sub-section (3) and of the functions devolved under sub-section (2), shall be subject to such restrictions, limitations and conditions, as may be laid down by the Chairperson and shall also be subject to his control and revision.
8. (7) The Chairperson may, by an order in writing, delegate to the Secretary the powers and functions vested in him to meet the expenses relating to administration.

MOTION OF NO-CONFIDENCE.—

1. (1) A motion expressing want of confidence in the Chairperson or Deputy Chairperson 27 [x x x ] may be moved in accordance with the procedure laid down in this section.
2. (2) Written notice of the intention to make the motion in such form, as may be prescribed, signed by such number of elected Councillors as shall constitute not less than one-third of the sanctioned strength of the Council together with a copy of the motion which is proposed to be made, shall be delivered by any one of the Councillors signing the notice, in person to the officer authorised by the 27A [State Election Commission] in this behalf.
3. (3) The Officer authorised under sub-section
4. (2) shall, thereupon, convene a meeting of the elected Councillors of the Council for consideration of the motion, to be held at the office of the Municipality at a time appointed by him which shall not be later than fifteen days from the date on which the notice under the said subsection was delivered to him. He shall give to the elected Councillors notice of not less than ten clear days of such meeting and of the time appointed therefor and shall exhibit the said notice in the Municipal Office, 28 [(4) The meeting convened under this section shall be presided over by an officer authorised by the "State Election Commission" under sub-section (2)] 39 [(4A) x x x x]
5. (5) A meeting convened for considering a motion under this section shall not except for reasons beyond control, be adjourned.
6. (6) As soon as the meeting commences, the person presiding shall read at the meeting the motion for the consideration of which it has been convened, and declare it to be open for debate.
7. (7) A debate under sub-section{6) shall not, except for reasons beyond control, be adjourned.
8. (8) The Officer presiding over the meeting shall not speak on the merits and demerits of the motion and shall not be entitled to vote
9. (9) The debate shall automatically terminate on the expiry of four hours from the time appointed for the commencement of the meeting, if it is not concluded earlier. Upon the conclusion of the debate or upon the expiry of the said period of four hours, as the case may be, the motion shall be put to vote, 29A [which shall be by means of open ballot and the Councillor who casts his vote shall write his name and affix his signature on the reverse side of the ballot paper.]
10. (10) On the conclusion or the termination, as the case may be, of the meeting, a copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon 30 [and a report on the proceedings of the meeting shall forthwith be forwarded to the Government by the officer authorised under sub-section (2)] by the person who presided over the meeting to the Government.
11. (11) If the resolution is passed with the support of the majority of the sanctioned strength of Councillors of the Municipality notified under Section 6, after that the Chairperson or the Deputy Chairperson, as the case may be, shall cease to hold office and such office shall be deemed to fall vacant forthwith and the officer authorised under sub-section (2) shall report to the Government and the State Election Commission the vacancy in the said posts and shall cause to publish the fact in the notice board of the Municipality and the Government immediately on receipt of such report shall notify in the Gazette, the cessation of office by the Chairperson of Deputy Chairperson as the case may be.]
12. (12) If the motion is not carried by a majority as specified in sub-section( 11), or if the meeting could not be held for want of quorum, no notice of any subsequent motion expressing want of confidence in the same Chairpersonor the Deputy Chairperson- 12 [x xxx],asthe case may be, shall be entertained until afterthe expiry of six months from thedateofthe meeting.

Standing Committees Standing Committees.— In every Municipality there shall be constituted Standing Committees as follows, namely:—

1. (A) in a Town Panchayat
2. (B) in a Municipal Council
3. (C) in a Municipal Corporation

1. (1) Standing Committee for Finance 1. Standing Committee for Finance 1. Standing Committee for Finance
2. (2) Standing Committee for Development 2. Standing Committee for Developm 2. Standing Committee for Development
3. (3) Standing Committee for Welfare 3. Standing Committee for Welfare 3. Standing Committee for Welfare

4. Standing Committee for Health Education 4. Standing Committee for Health Education

5. Standing Committee for Works 5. Standing Committee for Works

6. Standing Committee for Town Planning

7. Standing Committee for Appeal relating to Tax]

Constitution and Election to the Standing Committee.—

1. (I) Every Standing Committee shall consist of such number of members as may be decided by the Council including its Chairman and it shall be in such a manner that every Councillor, except the Chairperson and the Deputy Chairperson shall be elected as a member of any one of the Standing Committee and the number of members to be elected to each Standing Committee shall, as far as possible, be equal.

1. (2) The number of members of each Standing Committee as decided by the Council under sub-section (1) shall not be changed during the tenure of the Council.
2. (3) In every Standing Committee, there shall be members elected by the councillors from among themselves under the proportional representation system by single transferable vote and no Councillor shall be a member of more than one Standing Committee at the same time.
3. (4) The Chairman of any Standing Committee other than the Standing Committee for Finance shall be elected by the members of the respective Standing Committee from among themselves.
4. (5) The Deputy Chairperson shall be the ex-officio member and the Chairman of the Standing Committee for Finance.
5. (6) The Chairperson shall be an ex-officio member of every Standing Committee without any right to vote.
6. (7) A Councillor elected as a member or Chairman of a Standing Committee shall hold office as the member or Chairman of that Committee till the expiry of his term of office as Councillor unless he resigns from such office.
7. (8) The election to fill up a casual vacancy of a member of the Standing Committee shall be held within thirty days from the date of occurence of such vacancy: Provided that in cases where the vacancy in a Standing Committee cannot be filled up due to the vacancy in the place of a Councillor, the vacancy in the Standing Committee shall be filled up within thirty days from the dale of filling up of the vacancy of the Councillor.
8. (9) Subject to the conditions and proceedings prescribed, a motion of no-confidence in respect of the Chairman of Standing Committee, other than the Standing Committee for Finance may be moved and such a motion, if passed, with the support of not less than a majority of the total number of members of the Standing Committee, the Chairman of that Standing Committee shall cease to hold office and he shall be deemed to have vacated the office of the Chairman of that Standing Committee]

Steering Committee STEERING COMMITTEE.—

1. (1) In every Municipality there shall be a Steering Committee consisting of the Chairperson, Deputy Chairperson, and Chairmen of Standing Committees and Chairperson shall be the Chairman of the said Committee.
2. (2) Steering Committee shall,—
   • (a) co-ordinate and monitor the functioning of the Standing Committees;
   • (b) [xxx]
   • (c) discharge the powers and functions entrusted to it by the Council.

Committee's power to call for records etc.— Notwithstanding anything contained in this Act, a Standing Committee may, for the discharge of the functions assigned to it, require the Secretary or any other employee of the Municipality to produce any record, report, return, document and other particulars and may require him to be present at the meeting of the Committee for seeking further information, as it may deem fit, and he shall be bound to comply with such requisition.

Functions of the Chairman of the Standing Committee.—

1. (1) The Chairman of a Standing Committee shall preside at its meetings and in his absence, a member chosen by the members present from among themselves shall preside over the meeting.
2. (2) A member presiding at a meeting of the Standing Committee shall, while so presiding, have all the powers and be subject to all the obligations of the Chairman.
3. (3) The person presiding over the meeting shall control the meeting and shall decide all points of order and procedure arising at or in connection with a meeting.

Term of office of Chairman of Standing Committee.—

1. (1) The Chairman of a Standing Committee, other than that of a Standing Committee for Finance may, unless sooner resigns, hold office as such so long as he continues as a member of that Committee.
2. (2) Where a vacancy occurs in the office of a Chairman referred to in sub-section (1), the Standing Committee shall at its next meeting, elect a member to be its Chairman.
3. (3) A member elected under sub-section (2) shall hold office for the remaining term of office of the person in whose place he was elected.
4. (4) Where a vacancy occurs in the office of Chairman of a Standing Committee for Finance, a member chosen by the members of that Committee from among themselves shall act as Chairman until a person to fill the vacancy is elected.

POWER TO RESIGN.—

1. (1) A member other than an ex-officio member of a Standing Committee and the Chairman of a Standing Committee other than the Standing Committee for Finance may resign his Chairmanship or membership, as the case may be, of the Standing Committee by tendering resignation to the Secretary in the form prescribed and the resignation shall take effect from the date of its receipt by the Secretary and the Secretary shall report the fact forthwith to the Chairperson and the Council.
2. (2) The person who resigns his membership or chairmanship of the Standing Committee may, either tender his resignation directly or send through registered post if such resignation letter is attested by a gazetted officer, as the case may be, to the Secretary and the Secretary shall acknowledge receipt of the same.
3. (3) If a Standing Committee cannot function effectively due to the resignation of the majority of the members therefrom, or due to any other reason, the powers and functions of that Standing Committee shall vest in the Steering Committee till its reconstitution.

ADMINISTRATION OF MUNICIPALITY.— Subject to the provisions of this Act, the Administration of the Municipality shall vest in the Council, and the Council shall, if necessary, be entitled to exercise, in the manner prescribed, the functions expressly assigned by or under this Act or any other law to the Chairperson, the Secretary, a Standing Committee or any other Committee.

POWERS, FUNCTIONS AND RESPONSIBILITIES OF MUNICIPALITY.—

1. (1) The administration of a Municipal area in respect of the matters enumerated in the First Schedule shall, subject to the provisions of this Act and such other provisions as may be prescribed in this behalf and the provisions of other Acts and the rules made thereunder vest in the Municipality and it shall have the power and responsibility to prepare and implement schemes for economic development and social justice in relation to the matters enumerated in the First Schedule: Provided that, it shall be the duty of the Municipality to render necessary service to the inhabitants of the Municipal area in respect of the matters enumerated as mandatory functions in the First Schedule.
2. (2) Municipality shall have such powers, authority and responsibilities of the Government as prescribed, to enable it to function as an institution of self government in respect of the matters entrusted to it.
3. (3) The Government shall, as soon as may be after the coming into force of this Act, transfer all institutions, schemes, buildings, other properties, assets and liabilities connected with the matters mentioned in the First Schedule, to the Municipalities concerned.
4. (4) The Central and State Plan allocations, for the time being in force and the annual budget allocation in respect of the subjects transferred to the Municipalities by the Government shall be wholly allotted to the respective Municipalities.
5. (5) The municipality shall manage to institutions and administer the schemes transferred to it, subject to the guidelines and technical directions from the Government and in accordance with the State and National policies.
6. (6) Every institutions transferred by Government to the Municipality shall be in the name of that Municipality and shall be known accordingly.
7. (7) The Municipality shall not have power to sell, transfer, alienate or mortgage any property transferred to it under sub-section (3).
8. (8) Government may resume any property transferred to the Municipality, if it is no more required by the Municipality for the purpose for which it was so transferred.
9. (9) There shall be constituted a Managing Committee consisting of not more than fifteen members including its chairman in the prescribed manner for public health institutions transferred to the Municipality.
10. (10) Where any scheme, project or plan involves selection of beneficiaries, the criterion for the eligibility and priority for such selection shall be determined by the Municipality subject to the terms and conditions of the scheme, project or plan and such criteria shall be published in the prescribed manner and shall be intimated to the Ward Committee or the Ward Sabha concerned.
11. (11) The Municipality shall invite applications for the selection of beneficiaries and prepare the draft priority list after making enquiry on the applications received in this behalf and send it for the consideration of the Ward Committee or the Ward Sabha concerned.
12. (12) The Ward Committee or the Ward Sabha shall scrutinise the draft priority list for the selection of beneficiaries in a meeting convened inviting the applicants also and prepare the final list and forward it for the approval of the council.
13. (13) The Council shall not alter the priority of the list prepared by the Ward Committee or the Ward Sabha.

RIGHTS AND POWERS OF COUNCILLORS.—

1. (1) Every Councillor of a Municipality shall have the right -
   • (a) [to call the attention of the Chairperson or Secretary of the Municipality to any neglect in the execution of municipal work, to any waste of municipal property, or to the needs of any locality in the municipal area, to inspect the works or schemes conducted by the Municipality] and may suggest improvements which may appear to him desirable;
   • (b) to move resolutions and to interpellate the Chairperson on matters connected with the Administration of a municipality subject to such regulations, as may be framed by the Council;
   • (c) of access to the records of the Municipality during office hours after due notice to the Secretary, provided that the Commissioner may, with the approval of the Chairperson, for reasons given in writing, refuse such access.

COUNCIL’S POWER TO CALL FOR RECORDS.— The Council may, at any time, require the Secretary to produce any record or document, in his custody relating to the Municipality.

Councils’s power to call for records of Committees.— The Council may, at any time, call for any extract from the proceedings of the Standing Committees or of any other committees or any return, statement, account or report relating to any matter which such committee is empowered to deal with and every such requisition shall be complied with by the Secretary.

Obligation of the Standing Committee etc., to carry out Council’s resolutions. —Every Standing Committee, other committees and the Secretary shall be bound to give effect to every resolution of the Council unless such resolution is suspended or cancelled,

APPOINTMENT OF COMMITTEES.—

1. (1) The Council may, subject to the provisions of the Act, constitute Committees for the purpose of exercising such powers, discharging such duties or performing such functions, as it may delegate to them, and may appoint any Councillor or Committee to enquire into and report or advise on any matter referred to him or it.
2. (2) The Council may specially invite as members of any Committee, persons who are not Councillors but who may, in the opinion of such council, possess special qualifications for serving in such Committee:

Rules and regulations for proceedings of the Council, the Standing Committees and other Committees RULES AND REGULATIONS FOR PROCEEDINGS OF THE COUNCIL, THE STANDING COMMITTEES AND OTHER COMMITTEES.—

1. (1) The proceedings of the Council, the Standing Committees and other Committees of a Municipality shall be governed by such rules, as may be prescribed, and such regulations, as may be made by such Council in accordance with the model Regulations provided by the Government.
2. (2) The rules and regulations made under sub-section (1) may contain the following matters, namely:-
   • (a) the time and place of meetings;
   • (b) the manner in which notice of meetings shall be given;
   • (c) the preservation of order and the conduct of proceedings at meetings and enforcing decisions on points of order and taking decisions on disputes and the powers, the Chairperson or Chairman, as the case may be, may exercise;
   • (d) the division of duties among the members of the Council;
   • (e) the constitution and procedure of Committees;
   • (f) fixing the quorum of the Council and Committees;
   • (g) the delegation of powers, duties or functions to the Chairperson, Chairman, Councillor, or an officer or an employee of the Municipality or to a Committee or to its Chairman or to any of its members; and
   • (h) any other matter as may be necessary for regulating the proceedings.
3. (3) Every matter coming before the council for decision shall be decided by the majority of votes of the elected Councillors present and in all cases of an equality of votes, the person presiding over the meeting shall have a casting vote, unless otherwise provided in this Act.
4. (4) [Every Councillor present at the meeting, if voted against any resolution passed by the Council, shall have the right to present to the Secretary a dissenting note regarding such resolution, within forty-eight hours of the conclusion of the meeting.
5. (5) A copy of the minutes of every meeting of the Municipality and copy of the dissenting note, if any, received under sub-section (4) shall be forwarded by the Secretary within ten days after the date of the meeting, to the Government or to the officer authorised by the Government in this behalf.]

CONSTITUTION AND PROCEEDINGS OF A JOINT COMMITTEE.—

1. (1) The Council of a Municipality may, [if the Local Self Government Institutions so decide or if so required by the Government], [join with any other Local Self Government Institutions] to constitute a Joint Committee for any purpose in which they are jointly interested or for any matter for which they are jointly responsible.
2. (2) [The Joint Committee shall not include any person as member who is not a Councillor or a member of a Panchayat, but any person who in the opinion of the Committee, possesses special qualifications for serving in that Committee, may be allowed to participate as special invitees in the meetings of the committee.]
3. (3) The Constitution and proceedings of a Joint Committee shall be governed by such regulations as may be made by [the Local Self Government institutions concerned with their mutual agreement], which shall include provisions for all or any of the following matters namely:-
   • (a) the total number of members of a Joint Committee;
   • (b) the number of Councillors and other persons who shall be members of the Joint Committee;
   • (c) quorum of the Joint Committee;
   • (d) the appointment of the Chairman of the Joint Committee and the manner of appointment;
   • (e) the term of office of the members and the Chairman;
   • (f) the powers [of the Local Self Government Institution concerned] which may be exercised by the Joint Committee; and
   • (g) the procedure to be followed by the Joint Committee.
4. (4) [The Local Self Government Institutions concerned may, with their mutual agreement], vary or revoke regulations made under sub-section(3).
5. (5) Notwithstanding anything contained in sub-section(3), Government may issue such directions as they think necessary or desirable in respect of all or any of the matters referred to therein and the Joint Committee shall be bound to comply with such directions.
6. (6) Where any dispute or difference of opinion arises between [the Local Self Government Institutions] in respect of the constitution or functioning of a Joint Committee under this section it shall be referred to the Government, whose decision thereon shall be final.

PRESIDENCY OF COUNCIL.-

1. (1) Every meeting of the Council of a Municipality shall be presided over by the Chairperson or in his absence by the Deputy Chairperson or the Chairman of the Standing Committees in the order specified in sub-section(l) of section 20 and in that absence, by a Councillor chosen by the Councillors present from among themselves: Provided that, where two or more Councillors are proposed and seconded the Secretary, or, in his absence, the officer authorised to perform the functions of the Secretary shall conduct the election in such manner, as may be prescribed.
2. (2) The Chairperson or the person presiding shall control the meeting and shall decide all points of order arising at or in connection with a meeting. There shall be no discussion on a point of order and the decision taken by the Chairperson or the person presiding shall, save as otherwise provided in this Act, be final. 3. Where any member behaves in a disorderly manner and causes obstructions to the Conduct of a meeting, the Chairperson or the person presiding shall direct such member to withdraw forthwith and if disobeyed, he shall be suspended from the meeting for the day by the Chairperson or the person presiding and the member suspended shall, immediately thereafter withdraw from the meeting, failing which he shall be removed by using reasonable force, if necessary:
3. (4) The person presiding shall, while so presiding, have all the powers of the Chairperson.

Councillor when to abstain from taking part in discussion and voting.—

1. (1) No Councillor shall vote on, or take part in, a discussion on any question coming up for consideration at a meeting of the Council or any Committee, in which he has any direct or indirect interest.
2. (2) The Chairperson may prohibit any Councillor from voting, on, or taking part in, the discussion of any matter in which he believes such Councillor to have such interest or he may require such Councillor to absent himself from the meeting during such discussion.
3. (3) Such Councillor may challenge the decision of the Chairperson who shall, thereupon, put the question to the meeting for a decision which shall be final
4. (4) Where a Chairperson is believed by a Councillor present at a meeting to have any pecuniary interest in any matter under discussion, he may, if a motion to the effect be carried, be required to absent himself from the meeting during such discussion.
5. (5) The councillor concerned or the Chairperson shall not be entitled to vote on a question referred to in sub-section (2) of on a motion referred to in sub-section (4), as the case may be. Explanation.—Chairperson in this section includes a person presiding over the meeting of a Council or a Standing Committee or any other Committee.

The resignation of the Chairperson, Deputy Chairperson or Councillor.—

1. (1) The Chairperson, Deputy Chairperson or any other Councillor of a Municipality may resign his office by tendering resignation to the Secretary of the Municipality in the form prescribed and the resignation shall take effect from the date of its receipt by the Secretary and the Secretary shall report the fact forthwith to the Council and to the State Election Commission.
2. (2) The Chairperson, Deputy Chairperson or the Councillor who resigns his office may, either tender his resignation directly or send through registered post if such resignation letter is attested by a Gazetted Officer, as the case may be, to the Secretary and the Secretary shall acknowledge receipt of the same.
3. (3) Where any dispute arises in respect of any resignation, it shall be referred to the State Election Commission for decision and its decision thereon shall be final: Provided that no such dispute referred after the expiry of fifteen days from the date of effect of the resignation shall not be considered by the State Election Commission

DUTY OF CHAIRPERSON, DEPUTY CHAIRPERSON, ETC., VACATING OFFICE TO HAND OVER CHARGE OF OFFICE.—

1. (1) When a new Chairperson or Deputy Chairperson or Chairman of a Standing Committee is elected or when a special officer or Administrative Committee is appointed, the Chairperson or the Deputy Chairperson or the Chairman of a Standing Committee or Special Officer or Administrative Committee vacating office shall, as the case may be, hand over charge of their office to the above mentioned persons concerned and shall hand over all records and properties belonging to the Municipality which are in their custody to the persons who so assume charge.
2. (2) The provisions of sub-section (1) shall, mutatis mutandis, apply to the handing over the charge of office by a Councillor vacating his office.

CONSTITUTION OF WARD COMMITTEES.— In every Municipality where the population exceeds one lakh, there shall be constituted a Ward Committee for each ward of that Municipality as provided in Section 43, within three months from the date of its constitution.

CONSTITUTION OF WARD SABHAS.—

1. (1) In every Municipality where the population does not exceed one lakh, there shall be a Ward Sabha for each of its Ward and all persons included in the electoral roll of that ward shall be members of that Ward Sabha.
2. (2) The Councillor who represent a Ward shall be Convener of that Ward Sabha, but due to any reason, physical or otherwise, the Convener is unable to perform his function as such the Chairperson may appoint a Councillor representing any adjacent ward as the Convenor.
3. (3) The Ward Sabha shall meet at least once in three months at a specified place and every meeting of the Ward Sabha shall be presided over by the Chairperson or in his absence, Deputy Chairperson or any Standing Committee Chairman authorised by the Chairperson or in their absence by the Convenor.
4. (4) The Convenor of the Ward Sabha shall convene an extraordinary meeting of the Ward Sabha within fifteen days when a request is made in writing by not less than ten per cent of the electors in the ward for discussing the matters raised in the request: Provided that such special meeting shall be convened only once during the period between two ordinary meetings.
5. (5) The quorum of a ward sabha shall be ten per cent of its total members: Provided that the quorum of a meeting of a Ward Sabha, postponed for want of quorum, shall be fifty when convened subsequently.
6. (6) The Convenor shall place before the Ward Sabha, a report on the development programmes relating to the ward during the preceding year and that are proposed to be undertaken during the current year and the expenditure involved therein and a statement of the annual accounts and the administration report of the preceding year.
7. (7) The officers of the Municipality shall attend the meeting of the Ward Sabha as required by the Chairperson and an officer nominated by the Council as the co-ordinator of the Ward Sabha, shall assist the convenor in convening its meetings, recording its decisions in the minutes book and also in taking follow up action thereon.
8. (8) The procedure for convening and conducting the meeting of the Ward Sabha shall be such as may be prescribed.
9. (9) The Ward Sabha may constitute sub-committees consisting of not less than ten members to assist the implementation of any scheme, policy or decision of the Ward Sabha generally or specially and in furtherance of the rights and responsibilities of Ward Sabha.
10. (10) Resolution may be passed on majority basis in the meetings of the Ward Sabha in respect of any issue coming within the jurisdiction of the Ward Sabha, but, as far as possible, effort should be made to take decision on the basis of consensus.

CONVENING OF MEETINGS OF THE VOTERS.— A Councillor representing a ward in any Municipality having a population of more than one lakh may convene the meeting of the voters whose names are included in the voters list of each ward for giving proposals to the Municipality regarding the formulation of development schemes.

COMPOSITION OF WARD COMMITTEE.— The Ward Committee shall consist of the following members, namely:—

1. (a) the Councillor of that ward who shall be its Chairman;
2. (b) fifteen persons to be elected in the manner prescribed, from among the members of the resident's association of that Ward, which are registered in the Municipality;
3. (c) twenty members to be elected in the manner prescribed from among the members of the registered neighbourhood groups of that Ward which are registered in the Municipality;
4. (d) one person each nominated by every political party having representation in the Municipality;
5. (e) the Heads of all recognised educational institutions functioning in that Ward;
6. (f) twenty persons nominated jointly by the Chairperson and Councillor of the Ward, of whom,—
   • (i) ten shall be from the persons representing the cultural organisations, voluntary organisations, educational institutions, industrial-commercial establishments which are functioning in that ward;
   • (ii) five shall be from persons representing those working in that ward as professionals (experts in agriculture, industry, health, education, engineering etc.); and
   • (iii) five shall be from persons in the registered trade unions: Provided that, the members nominated under items (i) and (ii) need not be the residents of that ward

MEETING OF THE WARD COMMITTEE.—

1. (1) The Ward Committee shall meet at least once in three months for discharging the duties and performing the functions as may be assigned to it by the Council, from time to time.
2. (2) The meeting of a Ward Committee shall be convened by its Chairman.
3. (3) The Chairman, or in his absence, a member chosen, by the members present, from among themselves, shall preside over the meeting.
4. (4) The Secretary and the Heads of Departments in the serives under the Municipality shall attend the meetings of the Ward Committee and produce any document or furnish any information or report required by that Committee.
5. (5) The procedure to be followed in respect of quorum and details of a meeting shall be such as may be prescribed.

FUNCTIONS OF WARD COMMITTEES AND WARD SABHAS.—

1. (1) Ward Committee or Ward Sabha shall subject to such manner and procedure as may be prescribed, exercise and perform the following powers and functions, namely;—
   • (a) assist the collection and consolidation of details necessary for the formulation of development schemes for the Municipality;
   • (b) formulate proposals on development schemes to be implemented in the Municipal area, determine the priority and make available information regarding the functional schemes for the next three months;
   • (c) prepare the final list of eligible beneficiaries in the order of priority by finding out eligible applicants from the Ward area based on the criterion prescribed in respect of the beneficiary oriented schemes and to submit the same to the Municipality;
   • (d) render necessary assistance for the effective implementation of development schemes providing necessary local facilities;
   • (e) seek and obtain detailed informations regarding the development programmes implementing in the Ward and observe its implementation in accordance with the directions;
   • (f) provide and mobilise voluntary service and assistance in cash or kind for social welfare programmes;
   • (g) prepare the order of priority as to the location of street lights, water taps etc. and of public sanitation Units in the street or at other public places, irrigation facilities and other public utility schemes;
   • (h) discuss and formulate literacy programmes necessary for the Ward area, formulate schemes for imparting awareness regarding matters of public interest like sanitation, environment protection, pollution control etc and to give protection from social evils like corruption, false and fabricated transactions etc;
     • (i) to promote harmony and unity among the people belonging to different sections in the Ward area and to organise arts and sports festivals for promoting goodwill among the people of that area;
   • (j) to observe and assist the beneficiary committees which are conducting developmental programmes in the Ward;
   • (k) to verify the eligibility of persons getting various kinds of welfare assistance from Government such as pension and subsidy etc.;
   • (l) to make aware the people for the prompt payment of taxes, fees, rents and other sums due to the Municipality;
   • (m) to co-operate with the employees of Ward area in the sanitation arrangements of the area and rendering voluntary service in the removal of garbage;
   • (n) to encourage the residents of the ward area to plant kitchen gardens and to engage in horticulture activities;
   • (o) to identify the deficiencies in the systems of water supply, street lighting etc. in the Ward area and to suggest remedial measures;
   • (p) to identify the lacunae and lapses in following the building rules and in implementing spatial planning;
   • (q) to assist the activities of the parent-teacher associations in the schools in the Ward area;
   • (r) to assist the functioning of public health centres in the ward area; to perform other functions as may be prescribed.
2. (2) The Ward committee or the Ward Sabha as the case may be, may in its ordinary meeting or in a special meeting convened for the purpose, discuss the development programmes of the previous year and it is entitled to know the amount earmarked in the budget, the details about the plan out-lay and the object-wise allocation of funds and also the details of the estimates and cost of materials of the works executed or proposed to be executed in the Ward.
3. (3) The audit report or performance audit report coming for the consideration of the Ward Committee or Ward Sabha shall be discussed in its meeting and its opinion, recommendations, and suggestions be communicated to the council concerned.

DUTIES AND RIGHTS OF WARD COMMITTEES AND WARD SABHAS.—

1. (1) The Ward Committees and Ward Sabhas shall have the following duties, namely:—
2. (2) disseminate information regarding the development and welfare activities;
   • (ii) participate and propagate the programmes regarding health and literacy and other similar time-bound development, programmes;
   • (iii) Collect essential Socio-economic basic data;
   • (iv) provide information by collecting the progress regarding development activities;
   • (v) adopt moral means for payment of taxes, repayment of loans, improvement of environmental cleanliness and maintenance of social harmony;
   • (vi) mobilise, resources locally to augment the financial sources of the Municipality;
   • (vii) supervise development activities as voluntary groups;
   • (viii) make arrangements to report immediately the occurence of epidemics, natural calamities etc.;
   • (ix) co-ordinate and implement the activities for the protection of nature to import knowledge to the people on environmental problem.
3. (3) The Ward Committee and the Ward Sabha shall have the following rights, namely:—
   • (i) to get information regarding the services to be rendered and the activities proposed to be carried by the officers concerned during the next three months;
   • (ii) to get information on the detailed estimate regarding the works proposed to be undertaken;
   • (iii) to know whether each decision of the council of the Ward area is logical;
   • (iv) to know about the follow up actions taken, decision of the Ward Sabha and the Ward Committee, as the case may be, and about the detailed reasons for not implementing any decision;
   • (v) to get information regarding detailed town planning schemes building construction permits etc. in the ward.

DURATION OF THE WARD COMMITTEE.— The duration of a Ward Committee constituted in a Municipality shall be co-terminus with that of the Municipality.

THE SECRETARY OF MUNICIPALITY.—

1. (1) For every Municipality there shall be a Secretary appointed by the Government, in consultation with that Municipality, who shall be an officer of the Government borne on such cadre, as may be prescribed, and shall be the Executive Officer of the Municipality and the other officers and employees of the Municipality shall be subordinate to him.
2. (2) The Secretary shall not without the sanction of the Municipality or the Government, undertake any work unconnected with his office.
3. (3) The pay and allowances of the Secretary, as fixed by the Government from time to time, shall in the first instance to be paid from the State funds. The whole of the pay and allowances paid to the Secretary and the contributions towards his leave salary and pension to the extent required shall be credited monthly to the State funds by the Municipality.
4. (4) The Government may grant leave to the Secretary and appoint a substitute or nominate an officer to hold charge of his office during his absence.
5. (5) The Secretary shall be the custodian of all Municipal properties and records including all papers and documents connected with the proceedings of the Council and the Standing Committees and other Committees, and shall arrange for the performance of such functions, as may be entrusted to him by the said bodies.
6. (6) The Government may, at any time, transfer the Secretary, from a Municipality and if the Council, on the strength of a resolution, passed at a special meeting convened for this purpose, by a simple majority vote of the approved strength of the Council, recommends a transfer, the Government shall do so. Provided that before considering such a resolution by the council the Secretary shall be given an opportunity to give a representation and if requested of being heard by the Council or the Chairperson.
7. (7) The Council shall, subject to the rules that may be made in this behalf, be competent to impose minor penalties on its Secretary.
8. (8) An appeal may be filed against the order of the Council imposing any minor penalty, before the authority (referred below as the authority) authorised by the Government in this behalf.
9. (9) An appeal under sub-section (8) shall be in the prescribed form and shall be submitted in such manner and within such date, as may be prescribed.
10. (10) On receipt of an appeal under sub-section (8), the authority, after giving the person filing the appeal an opportunity of being heard, may either confirm, cancel or revise the order against which the appeal is preferred or pass such other order as it deems fit.
11. (11) The Government may, either suo motu or on application, call for the records of any order passed by the authority under sub-section (10) and may review such order and pass such order in that regard, as it deems fit:
12. (12) Where disciplinary proceedings have to be initiated against the Secretary, the Chairperson shall have the power to conduct an enquiry against him and in the case of imposition of a major penalty, to report to the Government with approval of the council to take further action under the rules applicable to the Secretary and the Government shall as soon as the report is received, take appropriate action and intimate the final decision taken thereon, in writing to the Chairperson.
13. (13) The Government may by a general or special order designate any officer of the Government transferred to the service of the Municipality as an ex-officio Secretary and the person so appointed shall have all the powers and functions of the Secretary, in respect of the subjects dealt with by them. Provided that no application for review shall be entertained if it is preferred after 30 days from the date of receipt by the applicant of the order sought to be reviewed: Provided further that the Government shall not pass any order affecting any party if that party had not been given an opportunity for submitting a representation: Provided also that the Government shall not suo motu review an order, if more than one year has elapsed since the date of the order sought to be reviewed. Explanation.—In this section minor penalty has the same meaning as is given to minor penalty in the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.

FUNCTIONS OF THE SECRETARY.—

1. (1) Subject to the provisions of this Act and the rules made thereunder, the Secretary shall,—
   • (a) record his opinion in writing on all matters with which he is concerned and which require the decision of the Chairperson, the Council or the Standing Committee; and
   • (b) implement the resolutions of the Council and the Standing Committee: Provided that where the Secretary is of opinion that any resolution has not been legally passed or exceeds the powers conferred by this Act or by any other law or by the rules made thereunder or that if carried into effect it may endanger communal harmony or public safety or it is contrary to the Central State Policy, the Secretary shall request the council in writing to review the matter and express his views during review by the council and if the council sticks on to its earlier decision, he shall refer it to the Government for appropriate action and decision, after intimating the matter to the Chairperson: Provided further that where, on review of the resolution, the council decides to implement the same and the decision of the Government have not been intimated within fifteen days from the date of reference to the Government, the Secretary shall implement the said resolution and the matter be intimated to the Government: Provided also that no approval of the Chairperson is required for the Secretary to refer the matter to the council or the Government as aforesaid, but he shall give a copy of the report sent to the Government, to the Chairperson;
   • (c) furnish periodical reports to the council and the standing committees, as the case may be, regarding the action taken or progress made in implementing the resolutions of the council or the standing committees;
   • (d) implement the directions of the Chairperson: Provided that where the Secretary is of opinion that any direction given by the Chairperson is in excess of the powers conferred under the provisions of this Act or any other law or the rules made thereunder, he may first bring the matter to the notice of the Chairperson and if the Chairperson repeats his direction and if the Secretary sticks on to his earlier opinion, he shall report that matter to the council in the manner as may be prescribed;
   • (e) exercise such of the powers and perform such of the functions as may be specifically conferred or delegated by or under this Act;
   • (f) incur the expenditure authorised by the council or the Chairperson, subject to the budgetary provision;
   • (g) make payments for all kinds of expenditure authorised by the Municipality, either by cheque or in cash;
   • (h) maintain and keep the accounts as to the receipts and expenditure of the Municipality;
     • (i) be responsible for the safe custody of the Municipal fund;
   • (j) keep the records in respect of the meetings and proceedings of the council, standing committees and other committees;
   • (k) take disciplinary action against the Municipal employees with the knowledge of the Chairperson; and
   • (l) assist the Chairperson and the council to co-ordinate the functions of the officers and institutions transferred to the Municipality.
2. (2) All litigations for or against the Municipality shall be conducted by or against the Secretary.

RIGHTS AND DUTIES OF SECRETARY.—

1. (1) The Secretary shall attend the meetings of the Council and the meetings of the Standing Committee or any other Committee of a Municipality and may take part in the discussions thereat; as an advisor, but shall not have the right to move any resolution or to vote.
2. (2) Subject to any direction given or any restriction imposed by the Government or the Municipality, the Secretary may, by order in writing, delegate any of his functions to any officer or employee of the Municipality who shall be bound to carry out such functions. The discharge of the functions so delegated shall be subject to such restrictions, limitations and conditions as may be laid down by the Secretary and shall also be subject to his control and revision.
3. (3) The officer or employee to whom the power is delegated under sub-section (2) shall have all the rights, privileges and authority of the Secretary with respect to such functions and shall like-wise be subject to all liabilities arising out of the exercise of such powers, privileges or authority.
4. (4) The Secretary shall for the discharge of his functions vested in him by or under this Act or in any other law, have the power after informing the Chairperson to incur expenditure not exceeding Rs. 25,000 out of the Municipal fund.
5. (5) The Secretary shall give the required information regarding the functions of the Municipality to the Government or to the officers or to the agency authorised by it.
6. (6) The Secretary shall be responsible for furnishing necessary information to the Legislative Committee or answer the Legislative Assembly interpellations and in order to avoid delay, such information may be sent directly to the Government or to the officer authorised by it in this behalf and thereafter submit to the Chairperson for information.
7. (7) The Secretary shall take follow up action on performance audit reports and other audit reports.