Chhattisgarh act 015 of 2004 : Chhattisgarh Municipal Corporation (Amendment) Act, 2004

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Chhattisgarh Municipal Corporation (Amendment) Act, 2004.

(2) It shall come into force from the date of its notification in the official Gazette.

Section 2. Insertion of Definition

2. Insertion of Definition.- After Sub-section (10) or Section 5 of the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) hereinafter referred to as Principal Act, following new sub-section (10-a) shall be inserted, namely.

(10-a) "Collector" means the District Collector appointed State Government under Section 16 of Chhattisgarh Land Revenue Code, 1959.

After sub-section (52) of Section 5 of the Principal Act, following new sub-section (52-A) Shall be inserted, namely.

"(52-a) "Recognised Political Party" means apolitical party for the time being recognized by the Election Commission of India as National party or as a State Party in the State of Chhattisgarh under the Election Symbols (Reservation & Allotment) Order, 1968,"

Section 3. Amendment of Section 14-C

3. Amendment of Section 14-C.- In clause (b) of Section 14-C of the Principal Act, for words "member of the Corporation" the words "Mayor or Councilor" shall be substituted and for the words "for a period of five years" the words "for a period not exceeding five years" shall be substituted.

Section 4. Insertion of Section 14-C

4. Insertion of Section 14-C.- After Section 14-C of the Principal Act following Section 14-D shall be inserted, namely:-

"Section 14-D Removal or eduction of period of disqualification.- The State Election Commission, on making an application within thirty days from the but of publication of the order, passed under dance (b) of Section 14-C, in the official Gazette may for reasons lobe recorded in writing remove any disqualification or reduce the period of any such disqualification."

Section 5. Insertion of para (n) in Section 17(1)

5. Insertion of para (n) in Section 17(1).- After para (m) of sub-section (1) of Section 17 of the Principal Act, the following para (n) shall be inserted:

"(n) has been qualified under Section 14-C"

Section 6. In section of New Section 17-C

6. In section of New Section 17-C.- After Section 17-A of the Principal Act, the following new Section 17-B shall be inserted, namely:-

"Section 17-B, Dash or ??? by the ??? (1) Every Mayor and every Councilor shall before taking part in the election of Speaker in the firm meeting of the Corporation or before ??? upon his office, as the case may be, shall make and ??? in the ??? the in the following four.

"??? of Municipal Corporation……………………… swear in the name of God/solemnly affirm that will bear true faith and allegiance to the Constitution of India as by law established, and that will uphold the sovereignty and integrity of India, and I will faithfully find impartially perform my duties.

(2) If the Mayor or Councilor does not lake an oath under sub-section (1), it shall be deemed that such Mayor or Councilor as the case may be, has not assumed his office:

provided that except with permission of the Director if any Mayor or Councilor, as the case may be, does not lake an oath within 30 days from the date of his election or nomination, as the case may be, his scat shall be deemed to have fallen vacant ipso facto.

Section 7. Insertion of Section 18-A

7. Insertion of Section 18-A.- After Section 18 of he Principal Act, following new section 18-A shall be inserted, namely:-

(1) "Section 18-A Powers and functions of the Speaker." Subject to the provisions of the Act, the Speaker shall have the following powers and functions

(i) to preside over the meetings of the Corporation and send the copy or proceedings to the commissioner within seven days from the date of meeting;

(ii) to fix the date of the meeting of the Corporation with the consent of the Mayor and arrange to send the notice thereof along with the Agenda as approved by the Mayor, and

(iii) to have administrative control over the officers and servants of his office including the Corporation Secretary.

(2) The Speaker shall have power to call the execution report from the Commissioner, on the decisions taken in the meeting of the Corporation, and may take steps to include in the agenda of the next meeting of the Corporation such mailer in which execution has been delayed beyond three months.".

Section 8. Amendment of Section 25

8. Amendment of Section 25.- In sub-section (2) of Section 25 of the Principal Act, following words shall be substituted:

For the words "the Speaker" the words "such member or the Mayor-in-Council, as may be appointed by the Mayor" shall be substituted.

Section 9. Insertion of Section 25-A

9. Insertion of Section 25-A.- After Section 25 of the Principal Act, following new Section 25-A shall be inserted, namely:-

25-A "Section Duties or Councilor".- Subject to provisions of the Act, every Councilor shall have the following duties:-

(i) to be present and take part in the meetings of the Corporation and on requirement cast vote.

(ii) to draw the attention of the Mayor or Commissioner towards any loss to the Corporation progeny or any short comings in any scheme or service or any work betting executed by the corporation.

Section 10. Amendment of Section 30

10. Amendment of Section 30.- In Section 30 of the Principal Act, after the word "special meeting" the words "to discuss any emergent and burning issues of the down" shall be inserted.

After proviso following shall be inserted.

"Provided further that such special meeting shall not be more than three is a year."

Section 11. Amendment of Section 37

11. Amendment of Section 37.- Sub-section (2) of Section 37 of the Principal Act, shall be substituted by the following:-

(2) "The Mayor-in-Council shall consist of the Mayor and twenty present of the total number of elected Councilors. All the time of ??? percent number fraction less than half shall be ignored and fraction equal to half or more shall be counted as one.

provided that all the members shall be nominated by the Mayor from amongst the elected Councilors of the Corporation and out of which at least one member from Scheduled Caste or Scheduled Tribes, one member from Other Backward Classes and one member from "Women category shall be nominated."

Section 12. Amendment of section 73

12. Amendment of section 73.- Section 73 of the Principal Act, shall be substituted by the following

73-(1) "Section Contracts by or on behalf of corporation".- Contracts by or on behalf of the Corporation shall be expressed to be made by the Commissioner in accordance with the following provisions:-

(a) every such contract shall be made on behalf of the Corporation by the Commissioner.

(b) no such contract for any purpose which, in accordance with any provision of this Act, the Commissioner may not carryout without the approval or sanction of some other municipal authority, shall be made by him until or unless such approve or sanction has been duly obtained.

(c) the Mayor-in-Council and the Commissioner may sanction any estimate or contract (including technical and administrative) involving such amount, os may be prescribed.

(d) all other estimates or contracts shall be sanctioned by the Corporation.

(2) The manner and procedure for giving contract, shall be such as may be prescribed.

(3) The Corporation, in order to take assistance in technical or other mailers may engage the services of a qualified consultant and, the procedure for the appointment of such consultant shall be subject to rules made in this behalf.

(4) The Corporation can lake assistance of a company, firm, society, trust or any other agency or any Government agency that is established under any existing rules, to execute any type of project relating to urban infrastructure related with facilities. The Corporation, can also execute works with the help of such private, agency.

(5) Private sector participation, agreements shall be such as may be prescribed and shall include the following:-

(a) Build-Own-Operate Transfer Agreement,

(b) Build-Own-Operate Maintain Agreement,

(c) Build and Transfer Agreement,

(d) Build-Lease-Trans for Agreement,

(e) Build-Operate-Transfer Agreement,

(f) Lenses and Management Agreement,

(g) Management Agreement,

(h) Rehabilitate-Operate-Transfer Agreement,

(i) Rehabilitate-Own-Operate-Maintain Agreement

(j) Service Contract Agreement, and

(k) Supply-Operate-Transfer Agreement,"

Provided that the above agreements for Private Participation shall be executed by the Corporation in such manner as may be prescribed by the State Government.

Section 13. Insertion of New Section 82-A

13. Insertion of New Section 82-A.- After section 82 of the Principal Act, following new Section shall be inserted, namely:-

"Section 82-A.- No property of the Corporation such as school, tank, play ground or park meant for public use shall not be allowed to be used for any other purpose on a permanent basis."

Section 14. Amendment in Section 83

14. Amendment in Section 83.- Insertion 83 of the Principal Act, the following Section shall be substituted, namely:

(1) "Section 83-Record of Immovable properly.- The Corporation shall maintain a register and mad of all immovable property of which it is the proprietor or which vests in it otherwise or which it holds in trust for the Government.

(2) the Commissioner, after having demarcated every land, Building establishment and plant etc. in the ownership of the Corporation, shall arrange to affix there in the boards showing that the said property is in the ownership of the corporation.

(3) Each year the Commissioner shall, in the budget meeting of the Corporation, publish the details of all immovable property of the Corporation and send its copy along with the agenda to the members.

(4) The Commissioner shall, rant time to time, inspect the property of the Corporation and take action to remove the encroachment if any."

Section 15. Insertion of Section 83-A

15. Insertion of Section 83-A.- After Section 83 of the Principal Act, following new Section shall be inserted, namely:-

"Section 83-A Custody and destruction of the record.- The State Government may prescribe the manner in which the record of the Corporation shall be maintained and kept in custody and also the manner and the procedure subject to which record shall be destroyed."

Section 16. Amendment in section 131-A

16. Amendment in section 131-A.- Sub-section (5) of Section 131-A of the Act, shall be substituted by the following:-

(5) "Section 131-A.- The Municipal Accounts Committee shall consider the report of the auditor, appointed under Section 129, in respect of accounts of the Corporation and submit the same to the Corporation along with its views."

Section 17. Ommition of sub-Section (6) of Section 131-A

17. Ommition of sub-Section (6) of Section 131-A.- Sub-Section (6) of Section 131-A of the Principal Act, shall be Omitted.

Section 18. Insertion of Section 133-B

18. Insertion of Section 133-B.- After Section 133-A of the Principal Act, following new Section 133-B shall be inserted, namely:-

"Section 133-B Power of the state Government in require Corporation to impose ???.- Whenever it appears to the State Government that the balance of Municipal Fund of any Corporation or its revenue is insufficient for the discharge of its duties or obligatory functions imposed upon in under the Act or for meeting the expenditure to be incurred under Section 419 or for the performance of any duties in respect of which it shall have been declared under Section 419 to have committee default, the Static Government after giving a notice of fifteen days to the Corporal on and