Power of State Government to frame forms and make rules

(1) The State Government may frame forms for any proceeding of a committee and may make any rules consistent with this Act to carry out the purposes thereof and in particular and without prejudice to the generality of the foregoing power may make rules— (a) with respect to the powers and duties of committees in municipalities of the first, second and third class, respectively; (b) as to the division of municipalities into wards, or of the inhabitants into classes, or both; (c) as to the number of representatives proper for each ward or class; (d) to (h) [omitted by Act 11 of 1994] (i) prescribing the qualifications requisite in the case of persons appointed by a committee to offices requiring professional skill; (j) as to the priority to be given to the several duties of the committee; (k) as to the authority on which money may be paid from the municipal fund, and as to the management and regulation of provident funds established under section 43; (l) as to the appointment, promotion, suspension, reduction, fining and dismissal of municipal watchmen; (m) as to formation and working of municipal fire-brigades; and the provision of implements, machinery or means of communicating intelligence for the efficient discharge of their duties by such brigades; (n) as to procedure to be observed for the employment, punishment, suspension or removal of officers and servants of the committee and as to appeals from orders of punishment or removal; (nn) the manner of constitution of municipal services, the classification, method of recruitment and the conditions of service of persons appointed to such services; (o) as to the conditions on which property may be acquired by the committee or on which property vested in the committee may be transferred by sale, mortgage, lease, exchange or otherwise; (p) as to the intermediate office or offices, if any, through which correspondence between committees or members of committees and the State Government or officers of that Government shall pass: (q) for the preparation of plans and estimates for works partly or wholly to be constructed at the expense of committees, and for the preparation and periodical revision of maps and registers made under sub-section (3) of section 56 and for the authorities by which and the conditions, subject to which such plans, estimates, maps and registers are to be prepared and sanctioned; (qq) for the regulation of contracts with electric supply companies for the supply of electrical energy; (r) for the assessment and collection of, and for the compounding for refunding or limiting refunds of taxes imposed under this Act, and for preventing evasion of the same; and for fixing the fees payable for notices of demand; (s) as to conditions on which a municipal committee may receive animals or articles into a bonded-warehouse and as to the agreements to be signed by traders or others wishing to deposit animals or articles therein; (t) as to the accounts to be kept by committees, as to the conditions on which such accounts are to be open to inspection by inhabitants paying any tax under this Act, as to the manner in which such accounts are to be audited and published, and as to the power of the auditors in respect of disallowance and surcharge; (u) as to the preparation of estimates of income and expenditure of committees, and as to the persons by whom and the conditions subject to which, such estimates may be sanctioned; (v) as to the returns, statements and reports to be submitted by committees; (w) as to the powers to be exercised by Deputy Commissioners under section 236 and the powers to be exercised by such Local Self Government Board or Inspectore as the State Government may establish; (x) as to the language in which business shall be transacted, proceedings recorded and notices issued; (y) as to the publication of notices; (z) to regulate the proceedings of persons empowered to accept composition under section 229 for alleged offences; and (zi) mode of assessment, appointment of compensation under Section 154-B amongst, and payment, to the persons entitled thereto; (zii) mode of communication of the order under section 154-B to the person effected thereby; (ziii) the manner in which the compost is to be made; (zz) generally for the guidance of committees and public officers in carrying out the purposes of this Act; (zzz) for the same purposes as those for which a committee may make bye-laws under the provisions of sections 31, 188, 189, 190 or 197); (2) The rules made under sub- section (1) may among other matters provide,— (i) for reservation of seats in a Municipality under section 8; (ii) for determining the number of elected members under clause (3) (i) of section 12; (iii) for specifying the authority and the manner under sub-section (2) of section 16-A; and (iv) for filing a statement under sub-section (3) of section 73; (3) The Municipal Account Code at present in operation in the municipalities of the state shall be deemed to have been made in pursuance of the powers conferred upon Government by sub-section (1) of this section. (4) In making rules clauses (m) and (n) of sub section (l), the State Government may direct that a breach of any provision thereof shall be punished with fine which may extend to Rs. 500. (5) All rules made under this Act shall be subject to previous publication. (6) A rule under this section may be general for all municipalities or for all municipalities not expressly excepted from its operation, or may be special for the whole or any part of any one or more municipalities as the State Government directs. (7) Notwithstanding anything hereinbefore contained the State Government shall not make rules under clause (zzz) of sub-section (1) for a municipality unless the committee has been required by the State Government to make bye-laws under section 31, section 188, section 189, section 190 or section 197, and has failed to make any such bye-laws, or having made them has failed to obtain their confirmation by the State Government as required by sub-section (1) of section 201 within nine months of the date of the order of the State Government requiring them to be made, and any rules made by the State under clause (zzz) of sub-section (1) shall have effect as if they were, and shall be deemed for all purposes to be, bye-laws made by the committee.