Uttarakhand act 013 of 2002 : Uttaranchal (Uttar Pradesh Municipalities Act, 1916) (Amendment) Act, 2002

Section 1. Short title, extent end commencement

1. Short title, extent end commencement.- (1) This Act may be called Uttaranchal (Uttar Pradesh Municipalities Act, 1916) (Amendment) Act, 2002.

(2) In extents to the whole of Uttaranchal

(3) It shall be deemed to have come into force at once.

Section 2. Amendment of Section 9-1(A) of the Uttar Pradesh Nagar Palika Adhintyam 1916

2. Amendment of Section 9-1(A) of the Uttar Pradesh Nagar Palika Adhintyam 1916.- Section 9-(1)(A) of the Uttar Pradesh Nagar Palika Adhiniyam, 1916 (hereinafter reffered to as the "Principal Ad") the following section shall be substituted, namely:-

The elected members, whose numbers shall be not less than 4 and not more then 45, as may be prescribed by the State Govt. and notified in the official Gazette.

Section 3. Amendment or the first proviso of Section 9-A

3. Amendment or the first proviso of Section 9-A.- The first proviso of Section 9-A of the Principal Act, the Word "fourteen" shall be substituted for the word "Twenty seven".

Section 4. Amendment of Section 13-B

4. Amendment of Section 13-B.- In section 13-B of the Principal Act, sub-section (3) shall be added:

(3) State Election Commission shall obtain from all the candidates a declaration in the form of an affidavit containing the following in formation and any other information it deems necessary and shall, except information contained in clause (c) and (e), publish the same in the major daily newspapers for the information of the electorate.

(a) Whether the candidate has been convicted/acquitted/discharged of any criminal offence in the past and, if convicted, whether he was punished with imprisonment or fine?

(b) Prior to six months of filing of nommnlion, whether the candidate is accused in any pending case, of any offence punishable with imprisonment for two years or more, and in which charge is framed or cognizance is taken by the Court of law. If so, the details thereof.

(c) The assets (immovable, movable, bank balances etc.) of a candidate and of his/her spouse and, that of dependants.

(d) Liabilities, if any, particularly whether there are any over dues of any public Financial Institutions or Government dues.

(e) His/her source of income and full details of present Monthly/Annual Income.

(f) Whether he/she is married/unmarried.

(g) Number of Children, their ages, and their educational expense.

(h) Details of his/her income tax; house tax; projections tax/fees payable annually.

(i) The educational qualifications of candidate.

Section 5. Insertion of a new sub-section 13-C(d)

5. Insertion of a new sub-section 13-C(d).- After section 13-C of the Principal Act a new sub-section (d) shall foe inserted:-

(d) He is not a candidate from more than one ward.

Section 6. Insertion of a new sub-section 13-D(e)(h)(l)(m)(n)(o) and (p)

6. Insertion of a new sub-section 13-D(e)(h)(l)(m)(n)(o) and (p).- After section 13-D(d), sub-section (e), 13-D(g) sub-section (h), and 13-D(k) sub-section (j), (m)(n)(o) and (p) in the Principal Act, shall be added:-

(e) He has more than two living children of whom one is born after expiry of 300 days from the date of notification of this part; or

(h) has been convicted of any offence against a woman or,

(l) has an interest or share, in a publication where in advertisement regarding activities of the municipalities can be published or,

(m) is a paid employee of any institution, receiving financial aid from the municipalities or,

(n) the person or any member of his/her family or his/her legal heir is in unauthorized occupation of any land or building owned or managed by the municipality/Government or a public road or pavement, canal, drain, or is a beneficiary of such unauthorized occupation; or,

(o) is a representative or office bearer of any federation or union of any cadre, or class of employees of the municipality; or

(p) has been convicted of any offence involving violation of any Act, Rules, Sub-rules, regulations and Govt. orders relating to Municipality and has been found guilty or working against the interest of the municipality.

Section 7. Insertion of Section 13-F

7. Insertion of Section 13-F.- After section-13-E of the Principal Act a new section 13-F shall be inserted:-

Procedure of voting: Wherever an election takes place in any ward, voting shall be either through secret ballot or voting machine and there shall be no proxy voting.

Section 8. Amendment of section-43AA

8. Amendment of section-43AA.- In sub-section (2)(a) of section 43-AA of the Principal Act after sub-section (b) of section 13-D, sub-section (i), (n), (o), (p), shall be added.

Section 9. Repeal and savings

9. Repeal and savings.- (1) The Uttaranchal (Uttar Pradesh Nagar Palika Adhiniyam, 1916) (Amendment) ordinance-2002 is here by repealed.

Uttaranchal Ordinance no. 3 of 2002 (2) Not withstanding such repeal, anything done or any action taken under the corresponding provisions of the Uttar Pradesh Nagar Palika Adhiniyam, 1916 as amended by the ordinance referred to in sub-section (1), shall be deemed to have been done or taken under the corresponding provisions of the Uttar Pradesh Nagar Palika Adhiniyam, 1916 as amended by this Act, as if the provisions of this Act were inforce at all Material times.