Himachal pradesh act 021 of 1986 : Himachal Pradesh Municipal Corporation (Amendment) Act, 1986

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Municipal Corporation (Amendment) Act, 1986.

(2) Section 2 and section 4 of this Act shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 17th day of July, 1986.

Section 2. Amendment of section 5

2. Amendment of section 5.- The existing proviso to sub-section (5) of section 5 of the Himachal Pradesh Municipal Corporation Act, 1979 (9 of 1980) (hereinafter called the principal Act) shall be omitted.

Section 3. Substitution of section 6

3. Substitution of section 6.- For section 6 of the principal Act, the following section, alongwith its heading, shall be substituted, namely:-

"6. Special representation to women and others.- (I) If no woman has been elected to a Corporation or only one woman is elected, the Government shall nominate two women or such number of women as fall short of two from amongst the weaker sections of the society who is or are otherwise qualified to be elected as councillor(s) of the Corporation.

(2) The Government shall nominate three persons to a Corporation, who are otherwise qualified to be elected as councillors of the Corporation, having special knowledge or practical experience in respect of such matters as the following, namely:-

architecture, education, engineering, environmental conservation, law, medical science, administration, trade or commerce, tourism nod social service:

Provided that the councillors nominated under this sub-section shall not be entitled to vote at, but shall, subject to the other provisions of this Act, have the right to speak in and otherwise take Part in the proceedings of any meetings of the Corporation or its committees of which he may be a member.

(3) Whenever a casual vacancy occurs in the office of the nominated councillor, fresh nomination shall be made within a period of thirty days of the occurrence of the vacancy."

Section 4. Amendment of section 37

4. Amendment of section 37.- In section 37 of the principal Act,-

(a) for existing sub-section (1), the following sub-section (1) shall be substituted, namely.-

"(1) The Corporation shall, in the prescribed manner, elect one of its elected members to be the mayor and another elected member to be the deputy mayor of the Corporation."; and

(b) for the words "one of its members" occurring in sub-section (3) the words "one of its elected members" shall be substituted.

Section 5. Amendment of section 41

5. Amendment of section 41.- In section 41 of the principal Act,-

(a) for the words "the two deputy mayors" occurring in sub-section (4), the words "the deputy mayor shall be substituted; and

(b) for sub-section (5), the following sub-section (5) shall be substituted namely:-

"(5) Each committee shall elect one of it, elected members as the chairman and another elected member as the vice-chairman,"

Section 6. Validation

6. Validation.- Notwithstanding anything to the contrary contained in the principal Act, any right of vote exercised before the commencement of this section by any councillor, nominated under sub-section (2) of section 6 of the said Act, in the meetings of the Corporation or its committees, shall and shall always he deemed to have been validly and lawfully exercised.

Section 7. Repeal and savings

7. Repeal and savings.- (1) The Himachal Pradeeh Municipal Corporation (Amendment) Ordinance, 1986 (2 of 1986) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act, as if this Act had come into force on the day on which such thing was done or such action was taken.