Chairman and Vice-Chairman of council.- There shall be a Chairman and

The Puducherry Municipalities Act, 1973

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Statutory text

Vice-Chairman for every municipal council.]

2[12-A. Election of Chairman.- (1) (a) The Chairman shall be elected by the

persons whose names appear in the electoral roll for the municipal council from among themselves in accordance with such procedure as may be prescribed:

Provided that no person shall be eligible for election as Chairman unless he has attained the age of twenty-five years.

(b) If at any an ordinary or casual election no Chairman is elected, a fresh election shall be held: Provided that a person who contests for election as a councillor shall not be eligible to contest for election as Chairman: Provided further that no councillor shall be eligible for election as Chairman.

(2) Election of the Chairman may be held ordinarily at the same time and in the same places as the ordinary election of the members of the council is held.
(3) The term of office of the Chairman who is elected at an ordinary election shall, save as otherwise expressly provided in sub-section (4), be five years beginning at noon of the day on which the ordinary vacancy occurs.
(4) Any casual vacancy in the office of the Chairman shall be filled by fresh election and a person elected as Chairman in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred.
(5) Unless the Election Commissioner otherwise directs, no causal vacancy in the Office of the Chairman shall be filled within six months before the date on which the ordinary election of the Chairman under sub-section (1), is due.
(6) The provisions of sections 15 to 66 of Chapter IV shall, as far as may be, apply in relation to the office of the Chairman as they apply in relation to the office of an elected member of the municipal council.
(7) The Chairman shall have all the rights and privileges of an elected member of the municipal council. 12-B. Election of Vice-Chairman. --- (1) The Vice-Chairman shall be elected by and from amongst the elected members of the municipal council in accordance with such procedure as may be prescribed.
(2) if at an election held under sub-section (1), no Vice-Chairman is elected, a fresh election shall be held for electing a Vice-Chairman. 12-C. Cessation of office of Chairman and Vice-Chairman. ---The Chairman or ViceChairman shall cease to hold office as such, ---
- (a) in the case of the Chairman, on his becoming disqualified for holding the office or on his removal from office or on the expiry of his term of office or in the event of dissolution of the council or on his otherwise ceasing to be a Chairman; and
- (b) in the cease of Vice-Chairman, on the expiry of his term of office as a councillor or in the event of dissolution of council or on his otherwise ceasing to be a councillor.] *13. Chairman, Vice-Chairman or councillors not to receive remuneration. --- (1) No Chairman, Vice-Chairman or councillor shall, save as provided in sub-section(2), receive or be paid, from the funds at the disposal or under the control of the council, any salary or other remuneration for services rendered by him in any capacity whatsoever.
(2) A municipal council may, subject to such rules as may be made in this behalf, pay.-
- (a) a conveyance allowance to the Chairman and Vice-Chairman; and
- (b) the expenses of the Chairman, and other members of the council travelling on business connected with the municipality.
  - • The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No.11
- (c) Commissioner *14. Commissioner and personal assistant to the Commissioner.- (1) (a) There shall be a Commissioner for each municipality.
- (b) There shall be a personal assistant to the Commissioner for such class of municipalities as may be notified by the Government in this behalf.
(2) The Commissioner and the personal assistant to the Commissioner shall be appointed by the Government.
(3) The Commissioner and the personal assistant to the Commissioner shall be whole-time officers of the municipality and shall not undertake any work unconnected with their offices without the sanction of the municipal council and the Government.
(4) The Government may recover from the municipal council concerned the whole of the salary and allowances paid to any Commissioner and the personal assistant to the Commissioner, if any, appointed under sub-section (1) and such contribution towards the leave allowances, pension and provident fund as the Government may, by general or special order, determine.
(5) The Government shall have power to regulate the method of recruitment, conditions of service, pay and allowances and discipline and conduct of the Commissioner, and the personal assistant to the Commissioner. CHAPTER – IV Elections (a) Election of councillors **15. Definitions. – In this Chapter, unless the context otherwise requires,-
(1) “candidate” means a person who has been or claims to have been duly nominated as a candidate at any election and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate;
- • The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No.11 dated 17th January 1974. ** The sections came into force on the 12th day of September, 1974 vide Extraordinary Gazette No.122 dated 12th September 1974.
(2) “costs” means all costs, charges and expenses of, or incidental to, a trial of an election petition;
(3) “electoral right” means the right of a person to stand or not to stand as, or to withdraw or not to withdraw from being, a candidate, or to vote or refrain from voting at an election;
(4) “returned candidate” means a candidate whose name has been published under section 64 as duly elected;
(5) “tribunal” means an election tribunal appointed under section 52. 1 15-A. [Election to municipal councils.- The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the municipal councils shall be vested in the Election Commission consisting of an Election Commissioner appointed under section 9A of the Puducherry Village and Commune Panchayats Act. 1973 (Act No. 10 of 1973)] 2 [16. Election of municipal councilors.- (1) For the purposes of election of councillors to a municipal council, the Government, after previous publication and hearing objections, if any, may by notification, divide the municipality into wards.
(2) The Election Commission shall, after previous publication in the prescribed manner, determine the wards in which the seats, if any, as determined under section 9 are to be reserved for the Schedule Castes and or for the women.
(3) All the electors of a ward, irrespective of their community or sex, shall be entitled to vote at an election to any seat in that ward, whether reserved or not]. *17. Election to more than one seat.- (1) If, a person is elected to more than one seat in one or more municipal councils, then unless he resigns all but one of the seats by writing under his hand addressed to the election authority within the time specified in sub-section (2), all the seats shall become vacant.
- • The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974.
(2) Such resignation shall be made.-
- (a) where the dates of declaration of the person elected to more than one seat is on the same day, fourteen days from that date; and
- (b) where the dates of declaration of the person elected to more than one seat are different, fourteen days from the last of such dates. *18. Qualifications for inclusion in electoral roll for municipality and publication thereof.- (1) Every person who is qualified to be included in such part of the electoral roll for any Assembly constituency as relates to the municipality or any portion thereof shall be entitled to be included in the electoral roll for the municipality and no other person shall be entitled to be included therein: Provided that any person who is entitled to be included in a separate part of the electoral roll for such Assembly constituency by virtue of a statement referred to in section 20 of the Representation of the People Act, 1950, shall not be eligible for being included in the electoral roll for the municipality prepared for the purposes of this Act, unless he makes an application giving the particulars of his address in the municipality to the person authorised under sub-section (2) for such inclusion. Explanation.- Where, in the case of an Assembly constituency there is no distinct part of the electoral roll relating to the municipality, all persons who are qualified to be included in such roll under the registration area comprising the municipality and whose addresses are situated in the municipality shall be entitled to be included in the electoral roll for the municipality prepared for the purposes of this Act. 1[(2) the electoral rolls for a municipal council shall be prepared and published under the superintendence, direction and control of the Election Commission].
(3) The electoral roll for the municipality shall be divided into separate parts of each ward. The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974.
(4) Every person whose name appears in the electoral roll for the municipality shall so long as it remains in force and subject to any revision thereof which might have taken place and subject also to the other provisions of this Act, be entitled to vote at an election; and no person whose name does not appear in such roll shall vote at an election: Provided that no person shall vote at an election of members if he –
- (a) has been adjudged to be of unsound mind, or is a deaf-mute, or
- (b) has voluntarily acquired the citizenship of a foreign State, or
- (c) has been sentenced by a criminal court for an electoral offence punishable under section 27 or section 38 or clause (a) of subsection (2) of section 39 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and five years have not elapsed from the date of such sentence or disqualification, provided that the disqualification under this clause may at any time be removed by the Government if it thinks fit. Explanation.- In this section, the expression “Assembly constituency” shall mean a constituency provided by law for the purpose of elections to the Legislative Assembly of Puducherry. *19. Power to rearrange and republish electoral roll.- Where, after the electoral roll for a municipality or any alterations thereto have been published under subsection (2) of section 18 the municipality is divided into wards for the first time or the division of the municipality into wards is altered or the limits of the municipality are varied, 1[the Election Commission] shall, in order to give effect to the division of the municipality into wards or to the alteration of wards or to the variation of the limits, as the case may be,1[cause] a rearrangement and republication of the electoral roll for the municipality or any part of such roll, in such manner as 1[it] may direct. The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974.
- (b) Qualifications for membership of council. *20. Qualification of candidates.- (1) No person shall be qualified for election as a councillor unless the name of such person appears on the electoral roll of the municipality and in the case of a seat reserved for Schedule Castes 1[and or women, he is himself a member of any of the Scheduled Castes, and or is a woman.].
(2) No officer or servant of the Central Government or of any State Government or of a local authority or of any institution or class of institutions notified by the Government in this behalf shall be qualified for election or for holding office as a councilor: Provided that this prohibition shall not apply to the holder of any office which does not involve both of the following incidents, namely, that the incumbent--
- (a) is a whole-time servant of the Central Government or any State Government or of any local authority or of any institution so notified; and
- (b) is remunerated either by salary or fees: Provided further that if any question arises either before or after an election whether any person is or is not disqualified under this sub-section, the question shall be referred to the Government whose decision shall be final. *[21. Disqualification of candidates.- 2 (1) A person who has been convicted and sentenced by a criminal court to imprisonment for any offence involving moral delinquency or for an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955), shall be disqualified for election as a councillor while undergoing the sentence and for five years from the date of the expiration of the sentence].”
(2) Notwithstanding anything contained in sub-section (1), the Government may direct that such sentence shall not operate as a disqualification. The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974.
(3) A person shall be disqualified for election as a councillor if such person is at the last date for filing of nomination or at the date of election ---
- (a) of unsound mind, or a deaf-mute;
- (b) an applicant to be adjudicated an insolvent or an undischarged insolvent;
- (c) interested in a subsisting contract made with, or any work being done for the municipal council except as a share holder (other than a director) in a company: Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in ---
  - (i) any lease, sale or purchase of immovable property or any agreement for the same; or
  - (ii) any agreement for the loan of money or any security for the payment of money only; or
  - (iii) any newspaper in which any advertisement relating to the affairs of the council is inserted; or
  - (iv) the sale to the council of any articles in which he regularly trades, or the purchase from the council of any article to a value in either case not exceeding fifteen hundred rupees in the aggregate in any year during the period of the contract or work;
- (d) employed as paid legal practitioner on behalf of the council or as legal practitioner against the council or has paid legal practitioner on behalf of the Government;
- (e) all officers or servants holding office under this Act, or any Honorary Magistrate having jurisdiction over the municipality or any part thereof;
- (f) already a councillor whose term of office as such will not expire before his fresh election can take effect; or has already been elected a councillor whose term of office has not yet commenced;
- (g) a person who having held any office under the Central Government or any State Government or any local authority has been dismissed and is disqualified for further employment in any such office;
- (h) debarred from practicing as a legal practitioner; or
  - (i) in arrears of any kind due by him (otherwise than in a fiduciary capacity) to the municipality up to and inclusive of the previous years, in respect of which a bill or notice has been duly served upon him and the time if any specified therein for payment has expired;
- (j) a person who has voluntarily acquired the citizenship of a foreign State or is under any acknowledgement of allegiance or adherence to a foreign State. *22. Disqualification of councillors.- 1 [A person shall be disqualified for being chosen as, and for being, a councillor, if he. ---]
- (a) is sentenced by a criminal court to such punishment and for such offence as is described in sub-section (1) of section 21, unless the Government directs that such sentence shall not operate as a disqualification;
- (b) becomes of unsound mind, or a deaf-mute;
- (c) applies to be adjudicated or is adjudicated as an insolvent;
- (d) subject to the proviso to clause (c) of sub-section (3) of section 21, acquires any interest in any subsisting contracts made with, or work being done for, the council except as a share holder (other than director) in a company;
- (e) is employed as paid legal practitioner on behalf of the council or accepts employment as legal practitioner against the council or as paid legal practitioner on behalf of the Government.
- (f) is appointed as an officer or servant under this Act or as an Honorary Magistrate having jurisdiction over the municipality or any part thereof.
- (g) accepts employment under any other council.
- (h) ceases to reside in the municipality or within three and a quarter kilometres thereof. The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974.
  - (i) fails to pay arrears of any kind due by him (otherwise than in a fiduciary capacity) to the municipality within three months after a bill or notice has been served upon him under this Act, or where in the case of any arrear this Act does not require the service of any bill or notice within three months after a notice requiring payment of the arrear (which notice it shall be the duty of the Commissioner to serve at the earliest possible date) has been duly served upon him by the Commissioner, or
- (j) absents himself from the meetings of the council for a period of six consecutive months reckoned from the date of commencement of his term of office, or of the last meeting which he attended or of his restoration to office as councillor under subsection (4), as the case may be, or if within the said period less than three meetings have been held, absents himself from three consecutive meetings held after the said date: Provided that no meeting from which a councillor absents himself shall be counted against him under this clause if ---
  - (i) due notice of that meeting was not given to him, or
  - (ii) the meeting was held after giving shorter notice than that prescribed for an ordinary meeting,
  - (iii) the meeting was held on a requisition of members. 1(k) is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the Union territory: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; and
- (l) is so disqualified by or under any law made by the Legislative Assembly of the Union territory].
(2) where a person ceases to be a councillor under clause (a) of sub-section (1) or under section 63 he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration, if and when the sentence or order is annulled on appeal or revision or the disqualification caused by the sentence or incurred under section 63, is removed by an order of the Government and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office.
(3) Where a person ceases to be a councillor under clause (j) of sub-section (1), the Commissioner shall at once intimate the fact in writing to such person and report the same to the council at its next meeting. If such person applies for restoration of his own motion to the council on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, the council may, at the meeting next after the receipt of such application, restore him to his office of councillor: Provided that a councillor shall not be so restored more than twice during his term of office. *23. Decision on question of disqualification.- (1) Whenever it is alleged that any person who has been elected as a councillor is disqualified under sub-section (1) of section 20, section 21, section 22, section 24 or section 63 and such person does not admit the allegation or whenever any councillor is himself in doubt whether or not he has become disqualified for office under section 22 or section 24 or section 63, such councillor or any other councillor may, and the Commissioner at the request of the council shall, apply to the Subordinate Judge having jurisdiction over the municipality or if no Subordinate Judge has such jurisdiction to the District Munsif having such jurisdiction.
(2) The said Subordinate Judge or District Munsif, after making such inquiry as he deems necessary, shall determine whether or not such person is disqualified under sub-section (1) of section 20, section 21, section 22, section 24 or section 63.
(3) Pending such decision, the councillor shall be entitled to act as if he is not disqualified.
(4) Against any decision under sub-section (2) the councillor may, and the Commissioner, at the request of the council, shall within thirty days from the date of such decision, appeal to the District Judge: Provided that the District Judge may entertain an appeal after the expiry of the said period of thirty days if he is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
(5) where an appeal has been preferred under sub-section (4), the District Judge may, on sufficient cause being shown, stay the operation of the decision appealed from and in such a case, the decision appealed from shall be deemed never to have taken effect.
(6) The decisions of the District Judge on appeal under sub-section (4), and subject only to such decision, the decision of the Subordinate Judge or the District Munsif under sub-section (2) shall be final. *24. Oath or affirmation to be made by councilors.- (1) Every person, who is elected to be a councillor shall, before taking his seat, make and subscribe before the Director or some person appointed in that behalf by him an oath or affirmation in the following form, namely: -- I, A.B., having been elected a councillor of the municipal council, do swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.
(2) Any person who, having been elected to be a councillor, fails, to make within three months of the date on which his term of office commences or at one of the first three meetings held after the said date, whichever is later, the oath or affirmation laid down in sub-section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.
(3) Any person who has been elected to be a councillor shall not take his seat at a meeting of the council or do any act as such councillor unless he has made the oath or affirmations laid down in sub-section (1).
(4) Notwithstanding anything contained in sub-section (3), a Chairman or a member of a committee constituted under this Act who has not made the oath or affirmation as councillor shall be entitled to act as such Chairman or member. Provided that he makes the oath or affirmation and takes his seat at the first meeting of the council which he attends within two months after he is elected as, or becomes entitled to exercise the functions of, the Chairman or member, as the case may be. Explanation. – For the purposes of this section, “Chairman” includes ViceChairman exercising the functions of the Chairman under sub-section (7) of section 12, the member appointed to be Chairman under sub-section (2) of that section and the officer appointed by the Director to be ex-officio Chairman under sub-section (8) of that section.
- (c) Corrupt practices *25. Corrupt practices.- The following shall be deemed to be corrupt practices for the purposes of this Act.-
(1) “bribery”, that is to say, ---
- (A) Any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent, of any gratification, to any person whomsoever, with the object, directly or indirectly, of including ---
- (a) a person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an election; or
- (b) an elector to vote or refrain from voting at an election, or as a reward to ---
  - (i) a person for having so stood or not stood or for having withdrawn or not having withdrawn his candidature; or
  - (ii) an elector for having voted or refrained from voting.
- (B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward ---
- (a) by a person for standing or not standing as, or for withdrawing or not withdrawing from being a candidate; or
- (b) by any person whomsoever for himself or any other person for voting or refraining from being voting or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature. Explanation. --- For the purpose of this clause, the term “gratification” is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election.
(2) “undue influence” that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent of the candidate or his election agent with the free exercise of any electoral right: Provided that ---
- (a) without prejudice to the generality of the provision of this clause any such person as is referred to therein who ----
  - (i) threatens any candidate or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and excommunication or expulsion from any caste or community, or
  - (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interest, will become or will be rendered an object or divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;
- (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right shall not be deemed to be interference within the meaning of this clause.
(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols, or the use of, or appeal to , national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
(4) The promotion of, or attempt to promote feelings of enmity or hatred between different, classes, of the citizens of India on grounds of religion, race, caste, community or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the elections, of that candidate or for prejudicially affecting the election of any candidate.
(5) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his election agent, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal of any candidate being a statement reasonably calculated to prejudice the prospects of that candidate’s election.
(6) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent, or the use of such vehicle or vessel for the free conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or form any polling station or a place fixed for the poll: Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause, if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll, shall not be deemed to be a corrupt practice under this clause. Explanation.- In this clause, the expression “vehicle” means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.
(7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or by any other person with the consent of a candidate or his election agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate’s election from any person in the service of any municipality or any other local authority or the Central Government or any State Government and belonging to any of the following classes, namely.-
- (a) gazetted officers;
- (b) stipendiary Judges and Magistrates;
- (c) members of the Armed Forces of the Union;
- (d) members of the police forces;
- (e) excise officers; and
- (f) such other class of persons as may be prescribed. Explanation. 1.- In this section, the expression “agent” includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate. Explanation. 2.- For the purposes of clause (7), a person shall be deemed to assist in the furtherance of the prospects of a candidate’s election if he acts as an election agent of that candidate.
- (d) Electoral offences *26. Maintenance of secrecy of voting.- (1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of voting and shall not (except for some purposes authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. *27. Promoting enmity between classes in connection with election.- Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

¹ Substituted by Act 3 of 1996, section 3, with effect from 30-8-1996.

² Inserted by Act 3 of 1996, section 4 w.e.f. 30.08.1996.

¹ Inserted by Act 4 of 1994, section 9, with effect from 23-4-1994.

² Substituted by Act 4 of 1994, section 10, with effect from 23-4-1994.

¹ Substituted by Act 4 of 1994, section 11, with effect from 23-4-1994.

¹ Substituted by Act 4 of 1994, section 12, with effect from 23-4-1994.

¹ Substituted by Act 4 of 1994, section 13, with effect from 23-4-1994.

² Substituted by Act 3 of 1978, section 2, with effect from 30-3-1978.

¹ Inserted by Act 4 of 1994, section 14, with effect from 23-4-1994.

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