Property vested in Council

54. Meeting of the Council and Committee Meeting of the Council and Committee.- The Council shall meet at least once in every two months and every committee shall meet at least once in every month for the transaction of its business.

55. First meeting after General election First meeting after General election.-

1. (1) The Chief Municipal officer shall with the approval of the prescribed authority, within one month of every general election, call a meeting of the elected Councillors for the purpose of electing a Vice-President.
2. (2) The first meeting of the Council called under sub-section (1) shall be presided over by such officer not below the rank of Deputy Collector in the case of a Municipal and not below the rank of Tehasildar in the case of Nagar Panchayat, appointed by the Collector and all provisions contained in this Chapter regarding meetings of the Council, shall, as far as may be, apply in respect of such meeting: Provided that the presiding officer shall not have right to vote at such meeting and in case of equality of votes, the result shall be decided by lot. 56. Convening of meeting Convening of meeting.-
3. (1) A meeting of the Council shall be either ordinary or special.
4. (2) The date of every meeting except the meeting referred to in Section 43, 43A, 47, 55 or 71, shall be fixed by the President or in the event of his being incapable of acting by the Vice-President, and in the like event in his case, by the Chief Municipal Officer.
5. (3) Notice of every meeting specifying the time and place thereof and the business to be transacted thereat shall be dispatched to every Councillor and exhibited at the Municipal Office seven clear days before an ordinary meeting and three clear days before a special meeting.
6. (4) No business other than that specified in the notice relating thereto shall be transacted at a meeting. 57. Power of President and Vice-President to call special meeting Power of President and Vice-President to call special meeting.- The President or in the event of his being incapable of acting, the Vice President, may whenever he thinks fit, call a special meeting and shall be bound to do so within two weeks of the receipt of a written requisition signed by not less than one-third of the total number of elected Councillors. Provided that if on receipt of requisition the special meeting is not convened within the stipulated time by the President or the Vice President, as the case may be, the Chief Municipal Officer shall convene such meeting under intimation to the State Government. 58. Place of meeting Place of meeting.- Every meeting of the Council shall ordinarily be held in the premises used as Municipal office by such Council. 59. Chairman of Meeting At every meeting of a Council the President, if present, or in his absence or during the vacancy of his office, a Vice-President and if there be no President or Vice-President present, then such one of their member as the elected Councillors present may elect, shall preside as Chairman. 60. Public to be admitted to the meeting of Municipality
7. (1) Subject to rules framed under this Act, and regulation made by the Council every meeting of the Council shall ordinarily be open to the public: Provided that the Council may temporarily exclude the public from a meeting as often as it may deem necessary when in the opinion of a majority of the Councillors present at such meeting, expressed by resolution, in view of the special nature of the business then being dealt with or about to be dealt with, such exclusion is advisable.
8. (2) Such resolution shall be put by the presiding authority of its own or at the request of any Councillor, without previous notice or discussion.
9. (3) Noting in this section shall be construed to limit or abridge the power of the presiding authority at any time to cause any person who interrupts the proceedings to be removed. 61. Quorum
10. (1) No business shall be transacted at a meeting unless a quorum of one-third of the total number of Councillors be present throughout the meeting.
11. (2) If there be no quorum present at a meeting at any time from the beginning to the end thereof the presiding authority shall, after waiting for jot less than fifteen and not more than 30 minutes, adjourn the meeting to such hour on the following or some other future day as it may reasonably fix. A notice of such adjournment shall be fixed up in the municipal office, and the business which would have been brought before the original meeting had there been quorum there at shall be brought before the adjourned meeting and may be disposed of at such meeting or at any subsequent adjournment there of, whether there be a quorum present or not.
12. (3) No business other than business fixed for the original meeting shall be transacted at any such subsequent meeting except with the consent of two-third of the elected Councillors present.
13. (4) A notice of adjournment exhibited in the Municipal office on the day on which the meeting is adjourned shall be sufficient notice of the subsequent meeting. 62. Minutes of proceedings
14. (1) Minutes of the proceedings at each meeting of a Council or any of its Committees shall be drawn up in Hindi written in Devnagri Script and recorded in a book to be kept for the purpose separately for the Council and each of its Committees and shall be signed by the Chairmena of the meeting or of the next ensuing meeting.
15. (2) The minutes of the Council shall be published in the manner prescribed and shall at all reasonable times and without charge be open to the inspection by any inhabitant of the Municipality.
16. (3) The minutes of the proceedings recorded under sub-section (1) dhall include-
    • (i) the names of the Councillors present;
    • (ii) the decision is not unanimous, the number of votes and the names of Councillors voting for and against such question and the names of those who have remained natural , whether votes have been taken by division or otherwise: Provided that in case of a meeting under Section 43-A, or 47, the provision relating to recording the names of Councillors voting for an against the question shall not be applicable.
17. (4) A copy of every resolution passed by a Council at a meeting shall within ten days from the date of the meeting be forwarded to the prescribed authority. 63. Decision of Questions by Majority of votes Except as otherwise provided by or under this Act, all questions brought before any meeting held under this Act, shall be decided by majority of the votes of the President and elected Councillors present and in the case of an equality of votes the presiding authority of the meeting shall have a second or casting vote: Provided that in the case of equality of votes in the election of Vice-President or the Chairman of any committee, the presiding authority shall not exercise his casting vote and the result shall be decided by lot. 63A. Removal of member of a Committee The Council may remove any member of a Committee by majority of at least two-thirds of the elected Councillors, on the recommendation of such Committee and may elected a new member in its place, in accordance with the provisions of the Act. 64. Adjournments
18. (1) Any meeting of the Council may, with the consent of majority of the elected Councillors present, be adjourned , from time to time, to later hour of the same day or to any other date; but except as provided in sub-section
19. (3) of section 61 no business other than that left over at the adjourned meeting shall be transacted at the next meeting.
20. (2) Notwithstanding anything contained in sub-section
21. (1) if the presiding authority finds it impossible to continue the proceeding do to unruly behavior of the elected Councillors it may, after making an announcement to that effect in the meeting, adjourn the meeting and business transacted in a meeting, if any, held by a majority of elected Councillors immediately after such adjournment shall be null and void.
22. (3) A notice of adjournment of a meeting under sub-section
23. (1) or sub-section
24. (2) shall contain the time, date and place of the next ensuing meeting and –
    • (a) shall be pasted in the municipal office on the day on which the meeting is adjourned and such pasting shall be deemed sufficient notice of the next ensuing meeting to the Councillors who were present in the meeting,
    • (b) shall be served on the Councillors who were not present in the meeting but where such adjournment is not for a period exceeding twenty four hours it shall not be necessary to serve such notice and the pasting of the notice in the municipal office as aforesaid, shall be deemed as sufficient notice of the next ensuing, meeting. 65. Modification and Cancellation of resolutions Modification and Cancellation of resolutions.- No resolution of a Council shall be modified or cancelled within three months after the passing thereof except by a resolution supported by not less than two-third of the total number of elected Councillors and passed at an ordinary meeting, where of notice shall have been given setting forth fully the resolution which it is proposed to modify or cancel at such meeting and the motion or proposition for the modification or cancellation of such resolution. 66. Notice to Government Executive Engineer Notice to Government Executive Engineer.-- Except for reasons which the presiding authority deems emergent no business relating to any work which is being executed for the Council by the Government Executing Engineer shall be transacted at any meeting of a Council unless at least fifteen days previous to such meeting, a letter has been addressed to the said Executive Engineer informing him of the intention to transact such business thereat, and of the motions or propositions to be brought forward concerning such business 67. Right of Government officers to attend, address and take part in meeting of Council Right of Government officers to attend, address and take part in meeting of Council.- The Collector and such other officers as the State Government may by general or special order, appoint in this behalf shall be entitled to attend any meeting of a Council within their jurisdiction, address it on any matter affecting the work of their departments and take part in the proceedings relating thereto but shall not be entitled to vote. 68. Power to call upon officers to tender advice, etc Power to call upon officers to tender advice, etc.- Subject to any directions that may be issued by the State Government in this behalf, a Council may require any officer of the Public Works, Education, Medical, Public Health or of such other department as the State Government may specify serving in the district in which the area of the Municipality concerned is included, to attend any meeting of such Council and to tender advice in respect of any matter which concerns the department to which such officer belongs and every such officer shall comply with such requisition. Provided that such officer may, if he is unable to present himself at the meeting on account of sickness or any other reasonable cause, depute any one of his subordinate officers to attend the meeting. 69. Presence of Chief Municipal Officer Presence of Chief Municipal Officer.-The Chief Municipal officer shall be present at every meeting of the Council and may explain or make a statement in regard to any subject under discussion at such meeting, but shall not be entitled to vote. 70. Constitution of President-in-Council Constitution of President-in-Council.--
25. (1) There shall be a President-in-Council for every Council which shall be constituted by the President from amongst the elected Councillors within seven days from the date of election of Vice-President under Section 43.
26. (2) The President-in-Council shall consist of the President and seven members in case of Municipal Council and five members in case of Nagar Panchayat.
27. (3) The members of the President-in-Council shall hold office during the pleasure of the President.
28. (4) Each Council shall have such departments as may be prescribed and member of the President-in-Council shall be made incharge of such departments by the President.
29. (5) The President shall be the Ex-Officio Chairman of the President-in-Council and shall over the meeting of the President-in-Council, if present. In the absence of the President, the members present in the meeting shall choose one of them to preside over the meeting.
30. (6) Notwithstanding anything contained in this Act, the President-in-Council, Chairman and the members shall exercise such powers and perform such function, as may be prescribed.
31. (7) The conduct of business of the President-in-Council shall be such as may be prescribed. In case the office of the President is declared vacant under the Act, the Councillors nominated by the Government under sub-section (2) of Section 37 to perform the duties of the President or a person who is elected for the office of the President, as the case may be, either allow the existing members of the President-in-Council to continue or appoint new members in place of them from amongst the elected Councillors. 71. Advisory Committees Advisory Committees.- After the first meeting of the Council under section 43 the President shall constitute the Advisory Committees for every department of the Council from amongst the elected Councillors other than the Councillors included as member in the President-in-Council to advise in the affairs of the department concerned.
32. (2) Each Advisory Committee shall consist of five members in case of a Municipal Council and three members in case of a Nagar Paqnchayat.
33. (3) The member of the President in-Council incharge of the Department shall convene and preside over the meeting of the Advisory Committee relating to the department concerned at least once in every two months. The member of the President-in-Council incharge of the department may take into consideration the suggestions made in the meeting of the Advisory Committee. 72. Consultative Committee Consultative Committee.-A Council may also elect from time to time and for such period as it may think fit, Consultative Committees consisting of such number of Councillors as it may think fit and the Council or the President may refer to any such Committees for inquiry and report, or for opinion, any matter relating to the purposes of this Act. 72A. Constitution of Ward Committees A Constitution of Ward Committees.-
34. (1) If the Council decides to constitute the Wards Committee, the same may be constituted in the area of a Municipal Council or Nagar Panchayat.
35. (2) The Council shall be competent to determine the number of Wards Committees to be constituted within the area of a Municipal Council or Nagar Panchayat, as the case may be and the territorial area of each such wards committees Provided that the wards included in the territorial area of a ward committee shall be contiguous.
36. (3) Every elected councillor representing a ward within the territorial area of a ward committee and two persons residing within the territorial area of such ward committee as may be nominated by the President shall be the members of that Committee: Provided that only a person who is otherwise not in-eligible for election as a councilor shall be so nominated: Provided further that only persons having special knowledge or experience in the municipal administration shall be nominated on the recommendation of the chairman of the ward committee and the persons so nominated shall not have voting rights in the meetings of the ward committee.
37. (4) The Ward Committee shall at its first meeting in the prescribed manner elect one of the elected Councillors to be its Chairman who shall hold office until the duration of the Municipal Council or Nagar Panchayat as the case may be,
38. (5) The State Government shall prescribe, the functions and powers of Ward Committes and the procedure for the conduct of their business. 73. Absence from meeting of Committee Absence from meeting of Committee.- Any member of a Committee, who absents himself from all meetings of any Committee of which heis a member during three consecutive months without the permission of the President shall cease to be a member thereof, and his office as such member shall become vacant, and he shall not be eligible for re-election to such Committee during the unexpired term thereof. 74. Casual vacancies in any committee Casual vacancies in any committee.- If any casual vacancy occurs in the office of a member of any Committee, the Council shall, as soon as may be after the occurrence of such vacancy, elect one of its members to fill the vacancy and every Councillor so elected shall continue in office for the unexpired term of his predecessor. 75. Chairman of Committee Chairman of Committee.- The President or in his absence the Vice-President shall be the Chairman of every Committee, if they are members of any such committee. In case the President or the Vice-President are not members of such committee, the committee shall elect one from amongst its elected councilors to be the Chairman thereof. If the Chairman is absent, the members of the Committee shall choose one from amongst its elected Councillors to preside. 76. Procedure of committee meetings Procedure of committee meetings.-
39. (1) A Committee may meet and adjourn as often as it thinks proper, but the Chairman of the Committee may whenever he thinks fit and shall upon the written request of the President of the Councillor or of at least two members of the Committee call a special meeting of such committee.
40. (2) If the Chairman of any Committee remains absent from the Municipal area for a period exceeding fifteen days or if he fails to call a meeting of the Committee within the prescribed period upon the written request of the President or at least two members of the Committee the President or in the absence of the President, the Vice-President may call a meeting thereof.
41. (3) Every meeting of a Committee shall, except for special reasons to be mentioned in the notice convening the meeting, be held in the buildings used as Municipal office.
42. (4) No business shall be transacted at any Committee meeting unless not less than one-half of the members of the Committee be present thereat. 77. Subordination of Committees to instructions of Council and compliance with requisitions Subordination of Committees to instructions of Council and compliance with requisitions.-
43. (1) Every committee shall conform to any instructions that may, from time to time, be given to it by the Council.
44. (2) The Council may, at any time, call for any extract from any proceedings of any committee, and for return, statement, account or report concerning of connected with any matter with which the Committee is empowered by this Act to deal and every such requisition shall be complied with by such Committee without unreasonable delay. 78. Deligation of Council's powers, duties and executive functions Deligation of Council’s powers, duties and executive functions.- Any powers or duties or executive functions which may be exercised or performed by or on behalf of the council may, in accordance with the rules made under this Act, be delegated by the Council to the President or Vice-President or to the Chairman of the Committees, or to one or more stipendiary or honorary officers, but without prejudice to any powers that may have been conferred on the Chief Municipal Officer by or under Section 92. 79. Joint Committee Joint Committee.-
45. (1) A Council may , from time to time :--
    • (a) join with any other Municipality or with any local authority or with more than one such local authorities,-
      • (i) in appointing out of their respective bodies, a Joint Committee for any purpose in which they are jointly interested, and in appointing Chairman of the Joint Committee;
      • (ii) in delegation to any such joint Committee power to frame terms binding on each such body as to the construction and future maintenance of any joint work and in delegating any power which might be exercised by either or any of such bodies; and
      • (iii) in framing and modifying bye-laws for regulating the proceedings of any such Joint Committee relating to the purpose for which the joint Committee is appointed; and
    • (b) enter, subject to the sanction of the State Government, into any agreement with any other local authority, regarding levy of octroi duty, terminal tax and tax on vehicles entering the limits of such bodies, whereby such duties and taxes leviable by the bodies so contracting may be levied together instead of separately, within the limits of the area comprising the areas subject to the authority of such bodies, and regarding the apportionment of the proceeds of such duties or taxes.
46. (2) Any dispute which arises between local authorities acting under sub-section (1) shall be referred to the State Government whose decision thereon shall be final: Provided that, where one of the local authorities is a cantonment authority, the decision of the State Government shall be subject to the concurrence of the Central Government. 80. Vacancy, etc. not to invalidate proceedings Vacancy, etc. not to invalidate proceedings.- No act or proceeding of the Council or any of its committees shall be invalid by reason merely of the existence of any vacancy in, or defeat in the constitution of the Council of the Committee, as the case may be. 81. Proceedings of meeting to be deemed to be good and valid Proceedings of meeting to be deemed to be good and valid.- Until the contrary is proved-
    • (i) every meeting of the Council or any of its Committees shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have been duly qualified, when the minutes of the meeting have been signed in accordance with the provisions of this Act; and
    • (ii) where the meeting is a meeting of the Standing Committee such Committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes. 82. Preservation of Order Preservation of Order.-
47. (1) The presiding authority shall preserve order and may, direct any Councillor whose conduct in its opinion is disorderly to withdraw immediately from the meting of the Council, and any Councillor so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day’s meeting, and if he is ordered a second time within fifteen days to withdraw, the Council may suspend him for any period not exceeding fifteen days and he shall absent himself form meetings accordingly: Provided that the Council may remit the suspension on receiving apology ton its satisfaction from the Councillor under suspension: Provided further that the suspension shall not prevent any Councillor from serving on any Committee.
48. (2) The presiding authority may, in case if grave disorder arising in the meeting, suspended the meeting for a period not exceeding three days.
49. (3) If any person who has been ordered to withdraw, unlawfully remains in the meeting , the presiding authority may take such steps as he may deem fit to cause him to be removed. 83. Responsibility of Councillors for misapplication of Municipal funds Responsibility of Councillors for misapplication of Municipal funds.- Every Councillor shall be personally liable for the misapplication of any fund or property of the Council to which shall have been a party or which shall have happened througfh or been facilitated by gross neglect of his duty as a Councillor and may be sued for recovery of the money or property so misappropriated or loss suffered thereby either by the Council or the State Government: Provided that no Councillor shall be personally liable in respect of any contract or agreement made, or for any expense incurred by or on behalf of a Council and the Municipal fund shall be liable for and be charged with all costs in respect of any such contract or agreement and all such expenses. 84. Penalty for interest in contract or employment Penalty for interest in contract or employment.- Any Councillor who knowingly acquires directly or indirectly any share or interest in any contract or employment with, under, by or on behalf of the Council of which he is a member, not being a share or interest which it is permissible under section 35 to have without being thereby disqualified from being a Councillor, shall be liable to be punished with fine which may extend to five hundred rupees. 85. Councillors not to take part in discussion in certain cases Councillors not to take part in discussion in certain cases.-- No Councillors shall vote on, or take any part in the discussion of any matter in which he has directly or indirectly any pecuniary interest. 86. Constitution of State Municipal Service Constitution of State Municipal Service.-
50. (1) The State Government may, for the purpose of providing officer to the Council under Section 87 or 88, constitute in the prescribed manner, the following Municipal Services for the State to be called-
    • (a) State Municipal Service (Executive)
    • (b) State Municipal Service (Health) and
    • (c) State Municipal Service (Engineering)
51. (2) The State Government may make rules in respect of recruitment, qualification, appointment, promotion, leave, scale of pay all allowances by whatever name called , loans pension, gratuity, annuity, compassionate fund, provident fund, dismissal, removal conduct, departmental punishment, appeals and other service conditions of the members of the State Municipal Service.
52. (3) The salary allowances, gratuity, annuity, pension and other payments required to be made to the members of the State Municipal Service in accordance with the conditions of their service shall be a charge on the Municipal fun: Provided that in the event of transfer of a member of the State Government may, by rules, prescribe.
53. (4) The State Government may transfer any member of the State Municipal Service from one Council to another Council.
54. (5) If, at a special meeting convened for the purpose , the Council passes a resolution by a majority of more than one-half of the Elected Councillors constituting the Council for the time being requiring the transfer of a member of the State Municipal Service, the State Government may transfer such member. 87. The Chief Municipal Officer The Chief Municipal Officer.-
55. (1) There shall be a Chief Municipal Officer to every Council who shall be the principal executive officer of the Council and all other officers and servants of the Council shall be subordinate to him.
56. (2) The Chief Municipal Officer of a Council shall be a member of the State Municipal Service (Executive) and shall be appointed by the State Government. 88. Health Officer and Engineer Health Officer and Engineer.-
57. (1) Every Council having an annual income of five lacs of rupees or more shall have a Health Officer and an Engineer for the efficient discharge of its duties.
58. (2) The Health officer and the Engineer shall be members of the State Municipal Service (Health and Engineering respectively) and shall be appointed by the state Government. 89. Appointment to State Municipal Service pending constitution thereof, etc Appointment to State Municipal Service pending constitution thereof, etc.-
59. (1) Pending the constitution of the State Municipal Service under sub-section (10 of section 86 or when no member of such service is available for appointment as Chief Municipal Officer, Health Officer or Engineer, as the case may be, the State Government may depute an officer of Government or appoint any person qualified to be a member of such service to act as Chief Municipal Officer, Health Officer or Engineer, as the case may be. (1-A) The State Government shall have all powers of control over the persons appointed under sub-section (1) and may transfer any person appointed thereunder from one Council to another.
60. (2) The State Government may, on its own motion or if at a special meeting of the Council more than one-half of the Elected Councillors, vote in favour of a resolution to that effect withdraw the services of the Chief Municipal Officer, Health Officer, or Engineer, as the case may be, who is an officer of the State Government and has deputed to the Council under sub-section (1). 90. Arrangement during leave of absence of Chief Municipal Officer Arrangement during leave of absence of Chief Municipal Officer.-
61. (1) The State Government may grant leave of absence to the Chief Municipal Officer.
62. (2) During any absence on leave of the Chief Municipal Officer for a period exceeding thirtyn days at a time the State Government may appoint a person to act as the Chief Municipal Officer.
63. (3) During any absence on leave of the Chief Municipal Officer fior a period not exceeding thirty days at a time, the State Government may make such local arrangement for carrying on the duties and functions of the Chief Municipal Officer as may be necessary.
64. (4) Every person appoint under sub-section (2) or (3) shall exercise all powers conferred, and perform the duties imposed, on the Chief Municipal Officer by or under this Act or by or under any enactment for the time being in force and shall be subject to the same liabilities, restrictions and conditions to which the Chief Municipal Officer is liable. 91. Arrangement during leave absence of Health Officer or Engineer Arrangement during leave absence of Health Officer or Engineer.- The provisions of section 90 shall apply in case of a Health Officer and an Engineer, as they apply in the caase of a Chief Municipal Officer. 92. Special function of Chief Municipal Officer Special function of Chief Municipal Officer.--
65. (1) The Chief Municipal Officer shall-
    • (a) Subject to the general control of the President, watch over the financial and executive administration of the Council and perform all the duties and exercise all the powers specially imposed or conferred upon him, by or delegated to him, under this Act.
    • (b) give effect to the decisions taken, in accordance with the provisions of this Act and the rules or bye-laws made thereunder by the Council and submit periodical reports, if the Council so directs regarding the progress made in respect thereto.
66. (2) Any of the powers, duties or functions conferred or imposed upon or vested in the Chief Municipal Officer by this Act may be exercised, performed, or discharged under the Chief Municipal Officer's control and subject to his superintendence to such conditions and limitations. If any, as he may think fit to prescribe, by any Municipal Officer whom the Chief Municipal Officer may generally or specially empower in writing in this behalf. 93. Council may require Chief Municipal Officer to produce documents Council may require Chief Municipal Officer to produce documents.--
67. (1) The Council may, at any time, require the Chief Municipal Officer:--
    • (a) to produce, any record, correspondence, plan or other document which is in his possession or under his control as Chief Municipal Officer or which is recorded or filed in his office or in the office of any Municipal Officer or servant subordinate to him: Provided that if the Chief Municipal Officer is of the opinion that the production of any correspondence will not be in the public interest or in the interest of the municipal administration, he shall forward the requisition alongwith his opinion to the prescribed authority and the decision of the prescribed authority thereon shall be final.
    • (b) to furnish any return, plan, estimate, statement, account or statistics, concerning or connected with any matter appertaining to the administration of this Act or the Municipal Government.
    • (c) to furnish a report by himself, or to obtain from the head of a department subordinate to him and furnish, with his own remarks thereon. a report upon any subject concerning or connected with the administration of this Act or the Municipal Government.
68. (2) Every such requisition shall be complied with by the Chief Municipal Officer without unreasonable delay and it shall be incumbent on every Municipal Officer and servant to obey any order made by the Chief Municipal Officer in pursuance of any such requisition. 94. Appointment of staff Appointment of staff.-
69. (1) Every Council having an annual income of five lacs of rupees or more shall subject to rules framed under Section 95, appoint a Revenue Officer and an Accounts Officer and may appoint such other officers and servants as may be necessary and proper for the efficient discharge of its duties.
70. (2) Every Council not falling under sub-section (1) shall, subject to rules framed under section 95, appoints a Sanitary Inspector, a Sub-Engineer, a Revenue Inspector and an Accountand may appopint such other officers and servants as may be necessary and proper for the efficient discharge of its duties: Provided that such Council may appoint a part time Health Officer or an Engineer on such terms and conditions as the State Government may approve in this behalf.
71. (3) The State Government may-
    • (i) in case of any Council, relax the provisions of such-section (1) or sub-section (2), as the case may be, subject to such conditions as it may think fit to impose; or
    • (ii) grant permission to any Council to appoint whether termporaily orn otherwise one person to discharge the duties of any two or all such officers.
72. (4) The appointment of Revenue Officer, Accounts Officer, Sanitary Inspector, Sub-Engineer, Revenue Inspector and Accountant shall be subject to conformation by the State Government and no such post or the post of any other officer or servant as may be specified by the State Government in this behalf shall be created or abolished and no alteration in the emoluments thereof shall be made without the previous approval of the State Government, and every appointment to, and dismissal from, such post, shall be subject to a like approval.
73. (5) No order of suspension for a period exceeding one month shall be passed against any officer mentioned inj or specified under sub-section (1) and no resignation tendered by any such officer shall be accepted without previous approval of the State Government.
74. (6) Unless the State Government otherwise directs the power of appointing Municipal officers and servants other than those mentioned in or specified under sub –section (4) shall vest in the President-in-Council.
75. (7) The State Government may transfer any officer or servant of a Council mentioned in sub-sections (1) and (2) and in receipt of total emoluments exceeding one hundred rupees to any other Council.
76. (8) The State Government may prescribe the classes or grades of officers and servants who shall have the right to appeal from any decision of the Chief Municipal Officer the President-in-Council, the prescribed authority or any other authority empowered in this behalf, inflicting any departmental punishment other than censure.
77. (9) The authority hearing an appeal made under sub-section (8) shall have power to set aside or reduce the punishment against which the appeal is preferred. 95. State Government to make rules State Government to make rules.- The State Government may make rules in respect of qualification recruitment , leave, scale of pay, all allowances by whatever name called, loans, pension, gratuity, compassionate fund, provident fund, annuity. Dismissal, removal conduct and other departmental punishment and appeal and service conditions for municipal employees other than a member of the State Municipal service. 96. Abstention of officers or servants from political movement, etc Abstention of officers or servants from political movement, etc.-
78. (1) No officer or servant employed under this Act shall-
    • (a) except in accordance with a special or general order of the Council, communicate directly or indirectly the contents of any official documents or information to any member of the Council or to any member of the general public;
    • (b) own, wholly or in part, or conduct the management of any newspaper of other periodical publication except in the discharge of his official duties;
    • (c) take part in or subscribe in aid of, or assist in any way, any political movement or organization carried on or run in any part of India or elsewhere relating to the affairs of India;
    • (d) canvass or otherwise interfere or use his influence in connection with, or take part in any election to a legislative body or local authority otherwise than in the exercise of his vote or in the discharge of any duty assigned to him officially.
79. (2) If such officer or servant contravenes any provision of sub-section (1) he shall be liable to any punishment prescribed by rul;es under Section 95.
80. (3) If any question arises as to whether a movement or organization is political or n ot for the purposes of this section, the question shall be referred to the State Government whose decision shall be final. 97. Liability of Municipal employees for misappropriation of funds Liability of Municipal employees for misappropriation of funds.- Every employee of the Council shall be personally liable for the loss, waste, misapplication or misappropriation of any money or other property (held for the administration of the Council). If such loss or waste or misapplication or misappropriation is a direct consequence of the neglect or misconduct in his capacity as servant of the Council, and suit for compensation for the same may be institute against him, as if the money or the property had belonged to the State Government. 98. Municipal officer or servant not to be interested in any contract with Council Municipal officer or servant not to be interested in any contract with Council.-
81. (1) No person shall be eligible for employment as a Municipal officer or servant if he-
    • (a) has, directly or indirectly, by himself or his partner, any share or interest in any contract or employment with , by or on behalf of the Council, other than an interest in land held on a lease from the Council, or is a Director, Secretary, Manager or other salaried officer of an incorporated company which has any such share or interest; or
    • (b) has acted or is acting professionally in relation to any matter on behalf of any person having therein any such share or interest as aforesaid.
82. (2) If at any time subsequent to anyb appointment it comes to the notice of the Council that any Municipal officer or servant was not eligible for employment under sub-section (1) on the date of his appointment, the Council may, terminate has service: Provided that no order under this sub-sections shall be passed until reasonable opportunity has been given to the person concerned to furnish his explanation.
83. (3) Nothing in the foregoing sub-sections shall apply to any such share or interest as is specified in the explanation below Section 35. 99. Penalty for officer or servant being interested in any contract, etc Penalty for officer or servant being interested in any contract, etc.-Any Municipal Officer or servant who knowingly acquires, directly or indirectly any share or interest in any contract or except in so far as concerns his own employment as Municipal officer or servant, not being a share or interest such as, under clause (i) of section 35, it is permissible for a person to have without being thereby disqualified for being an officer or servant of such Council, shall be liable to be punished with fine which may extend to five hundred rupees. 99A. Essential municipal officers and servants A. Essential municipal officers and servants.- No essential municipal officer or servant shall-
    • (a) Unless he is authorized in that behalf by the terms of his contract, resign his appointment or quit his employment without giving a notice in writing of not less than one month to the authority appointing him, of his intention so to do; or
    • (b) absent himself from duty otherwise than on leave duly granted and not subsequently cancelled; or
    • (c) neglect or refuse to perform any of the duties or willfully perform them in an inefficient manner. 99B. Power of Government to declare emergency B. Power of Government to declare emergency.- If the Government is of the opinion that stoppage of the cessation of the performance of any of the essential services will be prejudicial to the safety or health or the maintenance of services essential to the life of the community in the municipality, it may, by notification, declare that an emergency exist in the municipality and that in consequence there of no member of such of the essential municipal services and for such period as may be specified in the notification shall, notwithstanding any law for the time being in force or any agreement:-
    • (a) withdraw or absent himself from his duties otherwise than on leave duly granted ; or
    • (b) neglect or refuse to perform his duties or willfully perform them in and inefficient manner.

Property vested in Council.-

1. (1) Subject to any special reservation made or to any special conditions imposed by the Government, all property of the nature hereinafter in this section specified and situated within the city, shall vest in and be under the control of the Municipality, and with all other property which has already vested, or may hereafter vest in the Municipality, shall be held and applied by it for the purposes of this Act, that is to say,-
   • (a) all public gates, town-walls tank, wells, markets, slaughter houses, manure and night-soil depots and public buildings of every description which have been constructed or maintained out of the municipal fund;
   • (b) all public streams, tanks, reservoirs, cisterns, wells, springs, acquaducts, conduits, tunnels, pipes, pumps and other water works , and all bridges, buildings, engines, works materials and things connected therewith or an appertaining there to, and also adjacent land not being private property appertaining to any public tank or well;
   • (c) all public sewers and drains, and all sewers, drains, tunnels culverts, gutters and water courses in alongside or under any streets and all works materials and things appertaining thereto;
   • (d) all dust, dirt, dung, ashes, refuse, animal matter, or filth , night-soil or rubbish of any kind, collected by the Council or by any customary or private sweeper from the streets, houses, privies, sewers, cesspools or elsewhere ;
   • (e) all public lamps, lampposts and apparatus connected therewith or appertaining thereto;
   • (f) all public streets, not being land owned by the State Government and the pavement, stone and other material thereof and also trees growing on and erections, materials, implements and things provided for such streets;
   • (g) all land or other property transferred to the Council by the State Government or acquired by gift, purchase or otherwise for public purposes;
2. (2) The State Government may, by notification, direct that any property which has vested in the Council shall cease to be so vested; and thereupon the property specified in the notification shall cease to be so vested, and the State Government may pass such orders as it thinks fir regarding the disposal and management of such property.
3. (3) The State Government may resume any immovable property transferred to the Council by itself or any other local authority, where such property is required for a public purpose, without payment of any compensation other than the amount paid by the Council for such transfer and the market value at the date of resumption of any building or works subsequently erected or executed thereon by the Council: Provided that before taking any such action, the State Government shall obtained take into consideration the view or objections of the Council;