Chapter V MEETING OF BOARD OF COUNCILLORS

Oath of allegiance to be taken by Councillors:

1. (1) Notwithstanding anything contained in the Indian Oath Act, 1873 (10 of 1873), every person who is elected or appointed to be a Councillor shall, before assuming his office, make and subscribe before a District Magistrate in whose jurisdiction the Municipality is situated, or any Executive Magistrate authorised by the District Magistrate in this behalf, an oath or affirmation of his allegiance to the Constitution of India according to the form set out for the purpose in the Second Schedule.
2. (2) Any person who, having been elected or appointed a Councillor, fails to make and subscribe, within three months of the date on which his term of office commences, shall cease to hold his office and his seat shall be deemed to have become vacant:

Oath of secrecy to be taken by Chairman, Vice-Chairman and members of Executive Committee Oath of secrecy to be taken by Chairman, Vice-Chairman and members of Executive Committee:

1. (1) The Chairman, the Vice-Chairman, and a member of Executive Committee shall assume office after taking the oath of secrecy according to the form set out for the purpose in the Third Schedule.
2. (2) The oath of secrecy shall be administered by the District Magistrate or any other Executive Magistrate authorised on this behalf by the District Magistrate in whose jurisdiction the Municipality is situated.

First meeting of the Board of Councillors:

1. (1) The first meeting of the Board of Councillors after the general election of Councillors to the Municipality shall be convened by the District Magistrate or any other Executive Magistrate authorised in this behalf by the District Magistrate in whose jurisdiction the Municipality is situated, for subscribing and taking oath or affirmation of allegiance to the Constitution under section 49, and for election of the Chairman under sub-section (1) of section 16.
2. (2) The first meeting of the Board of Councillors under this section shall be held as soon maybe as possible after the names of the elected persons are published in the Gazette under sub-section (3) of section 26.

Meeting of the Board of Councillors:

1. (1) The Board of Councillors shall meet not less than once in every month for the transaction of business: Provided that if there is no business to be transacted at any monthly meeting, the Chairman shall give notice of the fact to Councillors.
2. (2) The Chairman shall, upon a requisition in writing by not less than one-third of the members of the Board of Councillors, convene a meeting of the Board.
3. (3) All matters required to be decided at a meeting shall be determined by the majority of votes of the Councillors present and voting.
4. (4) The State Government may by rules provide for such other matters relating to conduct of business of the Board of Councillors as are not provided in this Act.

Quorum:

1. (1) The quorum necessary for the transaction of business at any meeting of a Municipality under this Act shall be one-third of the total number of Councillors of the Municipality.
2. (2) If at any time during a meeting of the Municipality there is no quorum, it shall be the duty of the Chairman or the person presiding over such meeting either to adjourn the meeting or to suspend it till there is a quorum.
3. (3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before such meeting if there had been a quorum, shall be brought before, and may be transacted at, an adjourned meeting, whether there is a quorum or not.
4. (4) All matters required to be decided by the Municipality at a meeting shall, save as otherwise provided in this Act, be determined by a majority of the members of the Municipality present and voting at such meeting.

Record and publication of the proceedings:

1. (I) Minutes of the proceedings at each meeting of a municipality or committee shall be drawn up and recorded in Mizo language in a book to be kept for the purpose, and shall be signed by the Chairman or the Vice-Chairman who presided over such meeting, and shall be published in such manner as the State Government may from time to time direct, and shall at all reasonable times and without charge, be open to the inspection of any Councillor or any person who is authorised by the State Government in that behalf.

1. (2) A copy of every resolution passed by Municipality at a meeting shall, within three days of the date of the meeting, be forwarded to-
   • (a) the District Magistrate of the District;
   • (b) each Councillor of the Municipality; and
   • (c) such officer or authority appointed by the State Government for the purpose of inspecting or superintending the operation of the municipal area.

Remuneration and allowances: The Councillors of the municipal area including the members of the Executive Council may receive such remuneration or allowance as may be prescribed:

Powers to make regulations as to business and affairs Powers to make regulations as to business and affairs:

1. (1) Every municipality subject to the control and approval of the State Government, shall make regulations as to-
   • (a) the time and place of its meetings, the business to be transacted at meeting and the manner in which notice of meetings shall be given;
   • (b) preserving order and the conduct of proceedings at the meetings, the due record of all dissents and discussions and the adjournment of meetings and the powers which the Chairman or in his absence Vice-Chairman may exercise for the purpose of enforcing his decision on points of order;
   • (c) the custody of the common seal and the purposes for which it shall be used;
   • (d) the division of duties amongst its members and constitution and procedure of Committees;
   • (e) delegation of powers, duties or functions of the municipality and the powers to be exercised by the Chairman or Vice-Chairman or councillors of officers or servants of the municipality or by Committees anyone or more of their members;
   • (f) the person by whom receipts shall be granted for money received under this Act;
   • (g) the duties, appointment of the officers and servants of the municipality, and
   • (h) other similar matters: Provided that all regulations made under this section and all orders repealing or altering any such regulation, shall be considered by the municipality at a meeting specially convened for the purpose and be subject to the approval of not less than two thirds of the number of councillors present at the meeting.
2. (2) All regulations under Sub-Section (I) shall be published in the Gazette and in such other manner as the State Government may direct and so far as they are consistent with any rules made by the State Government under this Act, shall upon such publication have the force of law.