Daman and Diu act 006 of 1994 : The Daman and Diu Municipalities Regulation 1994

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(b) a declaration of public policy,.pr a

: ; promise of public action, or the mere exercise ,:of a legal right without intent to interfere h an electoral right, shall not be deemed m;, I.. . , .to be interference within the meaning of this

? .; : . . -

( 3 ) The appeal by a candidate or his agent or by any.other perFon with the consent of a candidate or his election agent to vote or refrain from voting

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I for. any person on the grounds of his religion, I ace, caste, community or language or the use of,or

i o, religion symbols, or the use of, or

i or national symbols, such as national the I flag or the national emblem, for the herance of the propects of the election of that

I candidate or for prejudicially affecing the election of any candidate. 1

The publication by a candidate or ,his

I r by any other person, with the consent of a

i te 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 wLthdrawal of any candidate, being a. statement

- ' resonably calculated to prejudice the propects of that candidate election.

(5.) 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 for the conveyance of any voter (other than

I 1 : ' " *&n the -candidate himself, the .members of his family or

11 L ' 'fitJ93~f his agent) to or from any polling station : '1 j a .fi i wi ,

I .

i m-3'!f¶~~f%'%3bxh' provided that the hiring of a vehicle or >'it:#'veiael by a voter or by several voters at their. . . . 8 . . joint costs for the purpose of conveying him or &: j Q f l i x * * m * 3 i them to and from any such polling station

~ l ~ i : ' ~ ~ e ~ ~ ~ ? s - t ~ 1; or placefixed for the p611 shall not be deemed

lo E1OCj:~G.i ~ d : to be a corrupt practice under this clause if the 1 3 3 : T %$ vehicle or vessel, SO hired is a vehicle or Irn

+ i:::.l$* - "zsd:"? ves'sel not propelled by mechanical power :

bne3xr, -{Em S ~ : Z ~ , + S

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(b) a declaration of public policy,.pr a

> -L ;+ r -~ - f 2 :/ 7q ;ae promise of public action, or the mere exercise

- f J of a legal right without intent to interfere ,S~E.? 3 . . z - - y * - , u s t _ I - with an electoral right, shall not be deemed 10x2 *. '@!a39 - to b ithin the meaning of this

qif w . 3 ; is.-+# a h y e

4 3 X , , : h " " . , L - k t e " '

( 3 ) The appeal by a candidate or his agent or by any other person with the consent of a candidate

q 5 ? k ~ * ' ; h ~ 3 or his election agent to vote or refrain from voting 1 10 a ' ; : Y 3 * . - p for any pcrsan on the grounds of his religion, ' ~92f+;'* f y b 3 : - race, caste, cormunity or language or the tame of ,or

I ~ + ~ - W : r r f l appeal to, religion symbols, or the use of, or / &*B:%4- .2 : t$

I Lappeal to, noltional symbols, such as national the I natiohal flag or the national emblem, for the

~ 2 . ~ 2 - 3 . : ~ Tofurtherance of the propects of the election of that

1 rc' m.a:;ibijs candidate or for prejudicially affecing the I e s t " : * , "i~+T9election of any candidate. - > a

j +r ' l !& . * w j & > L - ' q d ~ 7 ' , $f-si jo ( 4 ) The publication by a ca&idate or hia

I &*2. % ; \ i s t cW: lta&nt or by any other person, with the consent of a

1 .1*67 ~?~w"mc?andidate 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

1 "sf"''

. f

%@:) relation to the personal character or conduct of

. 3 ~ ~ 5 3 any candidatetor in relation to the candidature, I* - * 4 ~ s ~ or withdrawal of any candidate, being a. statement - - i ! - - i "$9: resonably calculated to prejudice the propects of that candidate election.

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15.1 The hiring or procuring whether on ent or otherwise, of any vehicle or vesael by a idate or his agent or by any other person with the consent of a candidate or his election agent for the conveyance of any voter (other than

:: -.en the candidate himself, the members of his family or 1-3 A -fci+-Ssf his agent) to or from any polling station :

f i rr;:*l;f?$ 3.- \$I Jy; , Y r l e m r a asfipL% I&- Provided that the hiring of a vehicle or -"Lb*vesael by a voter or by several voters at their 2 1 'joint costs for the purpose of conveying him or :-3 @fiQ f.*4+ma 3.i 1 them to and f ram any such polling station P " ? ' ? - W S 'iaor place fixed for the pill shall not be deemed 3" :3@@2".;. %&*to be a corrupt practice under this clause if the 193 p@a,> 2 - 4-> advehicle or vessel, SO hired is a vehicle or a0

+ ~ ~ ~ + ~ S ~ - .",sd-"~:ve~sel not propelled by mechanical power :

~ G B ~ X % ~ s - 3 t!:> i e J , # - - - * - - * k d e 9 y;fP-P $2; 5, r:*xsp; z ;%:.J ;; 2

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- 34 -

. . 6 7.3 ., c " - f j f q .. _ ?i;acs

3-t. f ' : 2 : 3 x . ~ 5 " C C a 8'13 Provided further that the use of any publiC $~*!~:*-!:ij 13 ?ftr transport'vehicle or vessel or any tramcar or

bnn"' 34 l i rn railway carriage by any voter at his own cost 3 . 3 ? . . r i t ~ * : + ~ for the purpose .df going to or coming from any such polling station or place fixed for the

poll shall not be deemed to be a corrupt practice 711 ~ : T - - s * : L ~ T.6 *$ under this

* , . ^ ' s , F . bi.,lsn i. P C

%n. l i n i zr:?? n.c@ Explanation - In thia clause the exprellsion. , i3GJ.G #. . $>'i z'"t&icle" means any vehicle used or capable of s o . 2 2 . :+au being used for the purpose of road transport whether

l*.> < : .: -*":"eropelled by machinical power or. otherwise and

?," ' ~.c.n->I:fs : . . j .:7? whether used for drawing other vehicles or otherwise. /*

?i.rrf o r r ( 6 ) The obtaining . or. procuring or abetting

*:if ,?<7 t .>**% or attemptingto obtain orprocure by a candidate or his election agent or by any other peraon with the consent of a or his election agent any

%it.! 7 ' 'J~~assistance (other than the. giving of vote) for the

' ?(.: ~"~~~fi~'furtherance of th prospects of that candidate's *1:9m5*'s:** y~election from any pers,on in the service of the snSr!ii i 5~5 l e i mvernment or council.

.!i .*u.:tJ - * ! 03

:O i ' (24. ) prohibition of ~plblic wetinga on the

,%#:: . i ~ : k ~ , ! : b ~ ~ - , ~ el&tion day.- (1) NO person .shall convene. hold tnsm*4:k3s *attend any .public meeting within a ward of a

% 3';:f'mnicipal area on the date or hates on which poll is taken for an election from the ward.

. . : r .r >r(Ssrfw ( 2 ) Any person who contravene.8 any provision of

:; '2'.:. i * * ~ q ~ sub-section (1) shall, .on conviction, be punished ri3iw nr;alW with fine which may extend to two hundred and fifty irc~i 30s i i$ . a.

i nn6f ? r d r ~ ) rn y l itrtcli ~ i , 29. Disturbances at election meeting.- -(l) This section applies to. any * public meeting in

connection -with an election held in a muninicipal

3 E ' ~ i t f s v area after the programme for the election from any j6 a x : ward of the municipal area is announced. TL. nid ?nryevn.>s to

flclijfija . t?fl .fi i ':~ r(2) Any persbn wpo at a public meeting to b ~ s * b efli d(which this section applies acts. or incites others

, s d j 5 i %Qrfd: to act in a disorderly manner for the purpose of 'it *l.Qj.&+v b preventing the transaction of the business for

: 's.r-;< which the meeting was called together. shall, on conviction. be punished with fine which may extend to two hundred and fifty (rupees.

Provided further that the use of any publie sport'vehicle or vessel or any tramcar or railway carriage by any voter at his own cost for the purpose .of going to or coming from^e

any such polling station or glace fixed for the poll shall not be ed to be a corrupt practice³

under thia clause. Explanation - I se the expr d or capable^of "vehicle" means any being used for the purpose of road transport whether eropelled by machinical power or otherwise and whether used for drawing other vehicles or otherwise.

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(6) The obtaining or. procuring or abetting or attempting to obtain or procure by a candidate or his election agent or by any other perBon with the consent of a or his election agent any assistance (other than the giving of vote) for the

i r, :?tr'?p@nic furtherance of the prospects of that candidate's z d " : 4 ~ ' ' ' F S q ~ $ election from any geraon in the service of the

H3:r:tJ : p i $ UP Government or Council.

* n f - t j ) r j - i t 03

la :, :a.+2e&s~,,3 *!- (24.) Prohibition of public meeting8 on the ?%.* r : :<;,, h $ ~ * ; " ~ election day.- (1) No person shall convene, hold

ensna4h3@ attend any public meeting within a ward of a

3 s : v c q r s - .* "fi municipal ar4a on the date or hates on which poll is taken for an election from the ward.

( 2 ) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished ith fine which ma hundred and fifty meeting.- (1) This

c meeting in

connection with an election held in a muninicipal a after the programme for the election from any d of the municipal area is announced.

w ( 2 ) Any person. wbo at; a public meeting to which thia section applies acts, or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together. shali, on conviction. be punished with fine which may extend to two hundred and fiftyjupees.

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( 3 ) If any police officer reasonably suspects any person qf committing an offence under nub pection ( 2 ) he may, if requested so to do by the Chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails so to dealare his name and address or if ,the police officer reasonably suspects him of giving a false name or address, the police officer may arest him without warrant. 'i . . - . 2 6 . . Prohibition of canvassing in or near polling 0tations.-- (1) No. person shall, on,.the date or dates on which a poll ir taken at any polling e n i i c . - ~ 3 r station, .cornit any of' the following acts within R L . . , . : . y . . , , . the polling station or in any pubic or private place. aldt .-: tus w i t y . a distance of one hundred . metros of the -zs?.1 ..; ; pol ing station, namely :- - . :

551-,.2IJ sit.. . :bn: . .

l iX : . . (a) canvassing for votes ; 'of.

, . L ! i . . : - ' .A ' . aqs:., r;.,tur sda3 , (b) roliciting the vote of any voter ; .or ~7 + . - , v 1 , 1 6 ~ 0 ~ 6 ~ 1

- ? z q sri;t ,?o,,,l(c) Persuading any voter not to vote for SP?.,. ! - j : ; VP~.PY particular candidate; or (dl Persuading any voter not to vote at the - . ., A i *s *nil EQ eleation ; or ~.

ja . .-irt'.ber.iR . :. i a> . *- i.i-l;pl. .. i ( c ) . exibiting any notice , or sign (other w:5iz,. than an official notice) relating to the 9d.7 e , , ;r.ip _.election. .. :

7 . , 3 . . . .,

dcu:. > . ! + 4 : 2 Any person who contravenes any provision of sub section (11 shall, on conviction, be punished with fine which may, ex_tend to two hundree !..~. and . fift;y ( 1 , 2 : rupees. *I% i s r +uh g ? m w o y .%.'I: ( f )

o i , ~ .:.:...~ a<, oae :2r5r ?;d on t L S ; ~ .no.r~;.,... :, 27. Penalty for dimorderly conduct in or near .>;.?i:* .a : polling stations.- (1) No.person mhsll, on the date or data6 on which a poll is taken at any polling s a.,* i 6 . 3 7 station,-

juc..if.fi, nuif ajs @

I f eiia ;iz3rill. (a)use or operate within, or at the entrance 6 : i i ~ ~ ? , ) ~ ~ i : l of the polling atation, .or in any public or 3 ; i t i - ! ir, x;s , private place in the neighbourhood thereof, .in * . .I..r,.\ - . i ~ ~ 3 any apparatuc for amplifying or reproducing the' human voice, such an a-megaphone or a

loudspeaker, or

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(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the

. . 'plling station o r in any public or privdte place in the neighbourhood thereof, .4. .b .. .

. . . ,-

7 ~. . . . ..,

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! . . ,. . ::.. ;h,j aa : eb cause annoyance to any persbn

3 . ' . ~, *.3*->;; visiting the polling station for the poll or

, , t . .,rl.-

.. ( i . " 'no as to interfhre with the work of the - bfficers and other persons on duty at the polling station.

I . < , . ' . ,

. . - . . : ! : t2 ) 'Any person who contravenes, or wilfully

":aids or abets the contravention of, any provision of subsection (1) ahall; on conviction, be puniahed

, .- with imprisonment for a term which may extend to . .~ . ' ;'three months or with fine wtiich nay extend fo two . . : .. . ;hundred and fifty rupees, or with both. Ji' . I.. '2.. . .. 5 . 2 :

m &

1 .,

( 3 ) , If the preriding officer of a polling

?,., . * . , '.::- 'station ' has reason tg believe that any person is "'committing or ham comitted an offence punishable under this section, he m y direct any police officer

to arreat such person, and thereupon the police

officer shall arreat him.

' f . ..,*k ( 4 ) -Any police officer may take such steps

: . .. and use such force, as may be reasonably necessary

.' . for preeenting and contravention of the provisions of sub-section (1). and' may seize any apparatus used for such contravention.

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28. Penalty for misconduct at polling station.- .

(1) Any person who during the hours fixed for poll at *luiifO! : any pollirig sta€ionmisconducts himself or fails to OJ '.. obey the lawful directions of the presiding officer, may be removed from the -polling station by the presiding officer or by any police officer on duty or .

rraJlaivc.z b y - any person -authorised in thia behalf by such b*n@in~.k preiri$inq~.of icer.

yJPi3. bnn 5: . ,

( 2 ) The powers conferred by sub-section (1) ,

.ahallnot be exercised so as to prevent any voter who '"3" Aka otherwise. entitled to vote at a polling station 5366 . s!f3 ntfron hving an dpportunity of voting at that station. cni i foq xqi 1 .. -. . .

( 3 ) If any person who has been so removed from a polling station re-enters the polling atation without 3ors13na =%he- -permismion of the presiding officer, he .hall ziLduq"~n conviction, be punished with Lmprisonment 'for a foai*dJ hem rtiich may extend to three month^, or with fine @si6uho~qs?which bay, exthnd to two hundred and fifty rupees, or " ' 0 ~@ed4*ith both. ,. -..., ~ ~ ...,. . , .,

. . . , r :m ~. , ? s # s ~ s ~ ; : J ? ~

"

yi-zsbrtasib 6 ni 53s ,18i*r?9dJo 10 ,3&aii i d \ Iff: 5 0 sPfljr7jfla ed3 $6 lo nid3 j .w ,xsnrrea 9;tnvixc: r o ~ r l d u q yrrs n i x o noijsse eni.ilnq

, f slq

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( 4 ) An offence under sub-section ( 3 ) shall be cognizable. ^>'

29. Penalty for illegal hiring or procuring of conveyances at election. - If any person is guilty of any such corrupt practice as ie specified in clause ( 5 ) of section 23 at or in connection with an 9 x 1 n : y a c . l w election he shall, on conviction be punished with yns J :iDe .fine which may extend to two hundred and fifty rupees; . ..I* I. , . .,a,h7

I 31. Maintenance of secrecy of voting. - (1) Every oficer, clerk, agent or other person who performs any duty in connection with the recording or corinting of votes at an election shall maintain and aid in maintain9 the secrecy of the voting and -

shall not (except for some purpose authorised by or under any law) communicate to any perron any information calculated to violate euch aecrecy. ( 2 ) Any person who contravene8 any provision of sub- section (1) shall, on conviction, be punished

& i $ with imprisonment for a term which may extend to y , J three months or with fine, or with both. d ,b : v ' ( hQd2' \

yf f ,j"i L - . 31. Officers, ect. at election not to act no .Iri;',fl for candidates or to influence voting.- (1) No

m*' - t . , : person who is a returing officer or a presiding or .rsm if:..sfi polling officer at an election or an officer or clerk 4 appointed by the returning officer or the presiding officer to perform any duty in connection with an

. election . shall, in the conduct or the management of the election, do any act (other than the giving

* ~ . of vote) for the furtherance of the proepects of the election of a candidate.

/ S & E ~ 5 , t ~ ~ q

.,+ * ( 2 ) No such peraon as afo?&~aid, and no member of a police force, shall endeavour-

(a) to persuade any peseon to give his vote ri 9s:ra:; .* t -ir&i at an election ; or yd ..ti.:;: cri 116.

, ;.bn.3::%3% a3 (b) to dissuade any peraon from giving his vote an an election ; or :^.ST

(c) to influence the voting of any person at an election in any manner.

(3) Any person who contravenes any provision of sub- section (1) or sub-section ( 2 ) shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine , or with both,

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f : ~ . - . i i ~ ^{?&) ~}3 2 . Breaches. of offidial duty in connection with ,

election.- (1) If any person to whom this section

' applies is without reasonable cause guilty of any act .lo pnrrtr: or omission in breach of his, official duty, he shall

.?;, yjiiJp on.conviction, be punished with fine which may extend * ~ ~ i l i I : , t ' j to five hundred rupees .., : 7 , : : .

na IZ-+i*. . . ( '. .'3?. ; :

d:bw t r n r ( 2 ) No suit or oth&r legal proceedings shall lie

. - . t i i t , 'I hor against any such person for damages in respect of any such act or omission as aforesaid.

( 3 ) The person to whom this section applies are

! • +. .; the returning officers, presiding officers, polling O ~ W i c e officers and.any other persons appointed to perform pact; , 7 . r any duty En connection with the preparation of a

ux&:.(rgm muncipal voters list, the receipt of nominations or bns pqi+i . withdrawals of candidatures or the recording or 30 ya 698 counting of votes at any election, and the

, ; expresnion offieial duty shal1,for the purposes of .,,Y this section, be construed accordingly, but shall not include duties imposed otherwise than by or ndrarvoyq under this Regulation.

6 4 % 7 l c i c ; .10 , .

03 5 n l t~~ v 33. Repoval of ballot papera from polling station to be an offence.- (1) Any person who, at any election, fraudulently takes, or attempts to take, a $16 3; ballot paper out of a polling scation, or wilfully on . . tr aids or abets the doing of any such act shall on In pn.51~ conviction, be punished with imprisonment for a term * x R [ ~ 1~ - which may extend to one year, or with fine which may p ~ ~ b ~ ~ ~ z ? extend to five hundred rupees, or with both. n6 1 i . f ~ ~

f nsmspanar ( 2 ) If the presiding officer of a polling p n r v t y station has reason to believe that any person is fo a j . ~ w g committing or has committed an offence punishable under sub-section ( I ) , such officer m y , before such person leaves the polling station arrest or direct ^a ~z.ainsm or police officer to arrest such person and may search such peison or cause him to be searched by a police officer ^:

.3Jov e r a 5 Provided that when it is necessary to cause a woman to be searched, the search shall be made by ax$ p n r v ' another woman with strict regard to decency.

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I . . . ( 3 ) Any ballot paper found upon the person r :, -*'u u, I: ' t arrested on search shall be - made over for ' safe 7 1 ,;. . :n: cuatbdy'to a police officer by the presiding officer,

or when thesearch is made by a police officer,

shall be kept by such officer in safe cuitody.

t, ,<. .: > + a

slri :; ~2~ .! (4) An offence punishable under sub- section

,y.-, .< >~~. . * . . . . . . . (1) #hall be cognizable.

asjr.: I<* 2,

! b g ~ r , . . . , a Y,,I 34. Other eiectoral offences and penalties

I d:iw o;;!.;? therefor. (1) A person shall be guilty of an

( , 1 .~-!r' , - electoral offence if at any election, he-

! 1 Q ' ' - ;;'. .. .

(a) fraudulently defacea or fraudulently

. - " . destroys any nomination paper; or : I n 9 i p n ~ f p ! ; ~ ,T'-&R~.

1 .. , ,--? '

6 ' b fraudulently defaces destroys or I . . ! removes any list, notice or other document ; - . , . . .i:r:i:r> .air:. aff ired by or under the authority of a

i +id> r : ~ : -3n3rzi%a returning offioer ; or ! -+k.... 6'. :ro.

i is*.;: O'!::?P"P . (c) fraudulently defaces or fraudulently

/ .I;?&:-: .: , . i : . i4t-.destroys any ballot paper or ,the official . "i'u rsa mark on any ballot paper ;'$ br

i . ,. . ..*n .

. . . t+ - . , iirj r:., t ! 3.. (d) without dueauthority supplies any

. . ballot paper to any person or receives any

i .,SJL. ,%:~I+I~o-J , R % ballot paper from any person or is in

/^3,; .x!:? ?^!!.:* ..&A:' :, possession of any .ballot paper. 8 or I XS$?*: . + !:-;+i> - m?:, - i ' tan2 r ' ,.? : .t.:wdr:r; p, (e) .fraudulentlyputs intoany ballot box

i^.:,<. ... - anvthina. other than the.ballot paper which he - - i is-auth&ised by law to put in ; or

I

- -

yisAlJ n.-c i o b95

ss be?.' 2 -. 1.4 ,^lo .,J (f) without due authority destroys, toil G: e^: taken, opens or otherwise interferes with

! -ro : ttsd333 anv ballot box or ballot papers then in use

!

fo; the purposes of the el;ction ; or

j 8 L ..r!? .3 i$ate$.l~

j a a ~ s u q , 0 b e ? ( g ) fraudulently, or without due

; yrrs ,-r,...i:. 1,. ,c.i 8 authority as the case may be, attempts to do 3rfj 2 ~ , >eris-.,-, to 3 any of &he foregoing acts or wilfully aids 1 3 : k I - : t , or abets the doing of any such acts. yne i c :1ir2.:1 :.L:, t ! 90 ssnsm-r~.? ( 2 ) Any person guilty of an offmce under this

. : section .shall. - --- ..--.--- -. ' (a) if hc is a returning officer or a presiding officer at a polling satation or any .-. .." other officer or clerk employed on official duty in connection with the election. on

conviction, be punished with imprisonment for a

term which may extend to two years. or with

fine, or with both ;

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(b) iS he is any other person,on conviation be punished with imprisonment for a term which may extend to six months, or with fine, or with - - both,, u.r.*-u b " . -* r . <-.r-s *-

. x:+.ta233 .j *"$Me a%$ *%,$$k 313 f 4 ,. " * .C ( 3 ) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes

. or to be responsible after an election for the used t$B 2 ~ : ~ . t ballot papers and other documents in connection with such election but the expression official duty shall not include any dvty imposed otherwise than by or

, : - j . i ~ : s < ~ ~ ~ + : q under this Regulation. ., ,

&I& *$YO i'k.si:

( 4 ) pn offence punishable under clause (b) of Y O ~;.n-~;*e sub. a ection ( 2 ) shall be cognizable.

"rsp:m.:E .r g. 3 t,; .; ,s 2 % 35. Promecution regarding certain offences.- No Court shall take cognizance of any offence punishable under section 31 or under section 32 or under

4p4 1 t, clauee (a) of sub- section ( 2 1 of rection 34 unlesrr

2glr:;?f;r - there is a complaint made by an- order of, or under authority from, the nElection Commissionw.

\ i t $ & a - - i r s s a ( 6 ) Powers of requisi.tioning for election purpoeers.

ydif;; RL".ri3-:tla.

: { RI - 3 A I O ~ ~ Z 36. Requisitioning of prepioes, vehicles, etc, ;

rafpr election.- (1) If it appears to the Collector or 1; $ , an officer authorised by the Collector (hereinafter

X Q ~ . h i l d rafer.red to as the requisitioning authorityn) that 3

sd d3tdu $3 in connection with an election-

%<> + jl! *

(a) any premises are needed or are likely ,zrvoa;3a$6 , y : t . r 7 ~ ~ & @ be needed for the purpose of being used as d 3 . i ~ . a $ ~ s % r . r $ ~ i mrpolling station or for the storage of ballot s w r~ . st$,? .w, wggbtpxegl .after a poll I has been taken ; or -* r + . . : ~i9~3?$&:0

. . (b) . any vehicle, vessel or animal is zmb ju.safg iu - needed or likely to be needed for the purpose ck a2 enqrns~fsn . e+d of transport of ballot boxes to, or from, any a b f h yl:;:22iw so I maling atation or transrport of member of the .R*?; df;)~police force for maintaining order during the

. conduct of such election, or transport of any c i d j 2t3bl?u ~*3n3534 off ice or other person for the performance of any duties in connection with such election.

>

k; 73 1*9J ------------"'---------*-------------------~-------- .A ?.

7 ~3 .. r j j E, - [MI B~b~tituted vide hendment 1991, [k:.2fq*,3 *-----------------------------------------------------

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r, . r r ' t - 5 r i r g , 8 L " " . 3 r ~ . # Z ? L W 59dgi ih~y ~d , ri.1: !.! is' " - . *. t

r:' ~ L I 7.: DTt:.t.'- Q W T rJ- f 3i!z?r txi i~ v t - ; ~ i$::&ri~ c*.Y*> ' t ;$ f a d :$ -i $ ,:. r ,> , p;: r 2

56

, . ? sthe requisitioning authority may by order in writing requisition such premises, or such vehicle, vesse1,or animal, as the case may be, and may make such further orders aa may appear to it to ba necessary or ,expendient in connection with the requisitioning :

2 , .a ' Z V C $ * 5 1

n I *'dsProvided that no vehicle, vessel or animal which

a 4& being lawhlly used by a candidate or his agent for any purpose connected with the election of such

/ fe nr * .;ru;>wndidate shall be requisitioned undet this sub- k L I - . - % r &rsection until the completion of the poll at such ,ev*nir .r:, laelection.

S Lr fnsLr ifi

i

( 2 ) The requSsition, shall be effected by an order in writing addressed to the person deemed by In .+a?..~'the r&.quioitioning authority to be the owner or I s d f - p.;r person in possession of the property, and such order / rv , j rd . j v ,.shall to be served on the person to whom it is ,addressed in the manner prescribed for the service of

i a notice under section 310.

/ W ~ U c '.?TM]. CtJS mi*?? 3 . . ( 3 ) Any person to whom such prder is addressed ( . ,_ . - . . ' , <;xi-:iashall be bound to deliver possession of such

I

.

*premises or such vehicle, vessel or animal to the requisitioning authority or to such other officer as , b s ~ r , , - > ' * b may be specified in the order. ( 4 ) whenever any property is requisitioned

I^oj qC i if?sunder sub - section (1) the period of such requisition shall not extend beyond the period for which such property is required for any of the lo r c t r ? . , ' purposes mentioned in that sub-section.

i ,^Zr)i67Explanation. - For the purpose of this section rsb-zo 9v"premisesq means any land building, or part of a , 3ofl n r >stbuilding and includes a hut, shed or other structure

j^{fo q.lr k 42~2} - any .part thereof. , an* i * , . a :-33-**1

1 d u e - i d ( 5 ) Any paraon who contraveneo any order made under this section shall, on convictionr be punished with imprisonment for a term which may extend to

i aoirtosr &;one year, or with fine, or with both.

37. Payment of colpensation. - (1) Wherever in pursuance of the last praceding section, the requisitioning alithority requisitions any premises Lsuf?s or any vehicle, vessel or animal, the Council shall y l ~ f l i ~ b s ~ w ~ ? ~ pay to the person interested coapensation, the amount of which shall be determined by the requisitioning

57

prfi?+xw n authority haki deration the following 7 0 ~ W Y B V namely :-

i ~ n d - i u i dsr ,

T ' ~ ' Y F ~ ~ ~ B D ~ M 66 (a) in t

: .e-nia.roir;"irs tuli~z sd.

(i) the rent payable in respect of the & Q % ~ P J X~rmiarn i premise8 or if no rent. is payable the rent 3larsgs aI.f %et payable for similar premises in the locality ;

b 9 3 ~ t r 30 r - c i J 3 3 f s .-,,I -due aid.$ -t+;;rs h (ii) if .in consequence of the requisition of doc;\% 2 $.i.eq :I&+ the premises the- person interested is compelled k - t o change his residence ar place of business, the reasonable expenses ( i f any) incidental to zg yd hsfas2Xs~~ U c h change ; : . $

yd ,:.'9tx94b Ili*B"lbi"' "d .

at) *::3n.swt.3 sd.r ea (b) in the case of any . wehicle, vessel or ~4b: :u Arws hjz% W m a l , the fares or rates prevailing in the a ?i ~ o d w olocality for- the hire of such ~vehic~le, vessel or 30 %r>r:rsser sf23 animall; i!

, ..

( 2 ) Any peroon inter any person who B:~e&szbBs claims to be entitledtts reodve compensation, being .ds~a Po - aggrieved by the order a of the requisitioning s r i ~ 3 Ir- .authority as to- t * a

aa r s z x t i l o rnd3o dnua

i . *. ( i the amount of5 compen~ation determined, or

A a n o x 2 i ~ . . I ~ r ~ ~ ~ ? x&., . : .

~ S U R 3 0 boc-rsq". e" (ii) the titie qf any person entitled to

%s"ab;i%aq tsdl$ - git:geceive compensation, gr -

en$ P -r yns - ~ e 2 . ze'fi.8 L364q fi::i$v . Jsa@((ii the app;rtionments of the amount of compensation among two or more persons,

n o i d m a aid: fo sastqruq;- j a. , , t

, a 30 39sg myle~ibhiaPb one month from. the receipt of the order rz.rnf~uz;ba ~railder sub&; aection 411, or i9 the order is not

addressed ,Bo him, within one month from the date of

the order appeal to the Administrative Tribunal and

ebtw x~lrbrr the decision-of the Adminfstrative Tribunal on such b:iwinuy r appeal shall be final, .,., ;- .,---, ---...

03 br'19-3x9 d ~ ~ m g ~ & i % g & k & . t t ~ Explanation - For the purpose of thie section the expression person interested means, n i ' Z ~ V ~ T S I ^I ' .

nn ;; , n o i $ ~ ~ gni (a& in the case of premisest -..

as&rmsxq yns a n a i t ~ g + a g Llsxia Si7rraua:3 slid , f ~ a r r n ti) the person who was.- in actual 3nrrcma sdJ , n o l f seas possession of the premises, I . immediately ~ ' n i x n r f i r ~ P u p 2 '&a. before thz requisitian ; or

*. *

(ii) when no person was in actual possesion the owner of such premises ^;

58

(b) in the case of any vehicle, vessel or

.. animal the owner thereof ; and .,. . .. - , * , . .

(c) any other person who is entitled to ' ~. . . ::receive compensation :

. . . . .. ~ .. . : , ,. . Provided that . where immediately ' before the

.,. . requisitioning,. any vehicle or vessel was, by virtue

. . . . - .. . of ahire-purchase agreement, in .the posession of a

. . :. . . . person other than the owner, the total compensation

r.-l'! ' - . payable in respect of the requisition shall be

... , . . ., , apportioned between that person and the owner in such

. , -- : , maener as they may agree upon and in default of

4

. . , agreement in such manner as the nequisitioning

1 < , : . authority may decide. ., - .. ! ! I - ~ , -38. @mar to Obtain InSormation. - (1) The

! . : requisitioning authority. may with a view to I requisitioning any property, under section 36 or determining the compensation payable under section 37 i , , by. order require any person :to. furnish to such authority . as may^ be specified in.. 'he order such

. . : informatiqn in hia possession. relating to such property as may be so specified.

I . .

( 2 ) . If - any person to .whom such order is I .. addressed refuses to furnish such information or I

. wilfully furnishes false information, he shall, on

. conviction, be punished.with impr'isonment for a term which may extend to three months, or with fine, or with both.

39 ., :Eviction f roe requisitioned premises. - ( 1)

... Any person remaining. in possession ' of any

% requisitioned premises' in. contravention of any order ,I

. . , ,. . , made under. section 36 may be s w r i l y evicted from

., ,

~

:. the premises by any officer empowered by the . requisitioning authority in this behalf.

. .

1: C ..,, .. . . ~ .. , . ~ . , ;( 2 ) Any bificer so empowered m y , . after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove, or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

I@. No civil court to have jurisdiction. - No civil court shall have jurisdiction to question the

59

pnirtirw n i .authority baking intoiconsideration the following. 7 0 13ai.uv ..namely :-

iera~;rrf drus . !.

r o y~~~aaecssr .*,. (a) in the case of premises, - : pninoi2jx2upr% !

(i) the rent payable in respect of the

d ~ l i i v i s a i n s ?o. :wemisee or &f no rent-is payable the rent j,sps ' aid MI ojr@ayable for similar premises in the locality ;

r iDue f c r ncijosi* a6 -due s i d j -.-.h,ru br ,(ii) if.-in con8equence of the requisition of dorrs .f B l f e q .J d9 q e premises the: person interested is compelled

i.,, t o change his residence or place of business,

1. S h e reasonable expenses (if any) incidental to nn yd boJa%f fr !- mch'change ;. .

yd cii.saeqb cli.~rs- - - .~,

20 r+nwu sd.3 (b.) in. the case of any vehicle, vessel or z s k r o rl!wr hr:-$animal, the fares or rate* prevailing in the ai fi norlv o.3ocalityfor~the hire of such vehicle, vessel or

, f a $ois.rsa 4 3 mimal.,. 9 . . .

: . ..

. . ( 2 ) Any permon interested or any person who B ~ ~ s ~ x b b t i aclaims to be entitledito .receive compensation, being ;;Dun :c nsaggrieved by the order ; of the . requisitioning

$0 03 ism.authority as to- .. . .- $ . , ,

sf. ~ s e ~ i l o 7.' : . . :.; . , .^. ( i ) the . A u n t of: compensation determined, or . ,

h o n o ~ Y l e i f f p s ~ r l - , . . , . ,

dsrru 3 0 be&*! : (ii)~ .the title of any. permon entitled to ~ n ? haiqeq 9~f3,- :.&, receive compensation, or, - : . ..

edS f yns i rcf . bc -^:, I ' ^{, .}

. (iii) the apportionments of the amount of compensation among two or more persons,

. ''. noijs98 8 i d f l . u sac. :: I . . a , L 30 $I%$ .ay,pdbhin.. one math from the receipt of the order ~t . ru.?soi~r - W b ~ f i m u b - . section ill), or if the order is not addressed to-him, within' one nonth from the date of the order appeal to the Administrative Tribunal and s b m isbro the decision-of the Administrative Tribunal on such bdrr inuq sdappeal ,shall be final . . .

. . 03 hnsfxs BYpianation - For the &rpose--of this section the, expression person' interested means, ..., .

. . . . n i ~svsradW , . $ . ,

ad3 . ,noi*crn= pa. : tab in the case. of pr&i8es, - . >

osmimszq yns anoi: :,

I lsr!r liwuo:, sdj ti) . the .person who was,- in actual 9nrr~ns sd3 , oci.3ban1 poe8es8ion - of the premises :: immediately pnirroi l i~l irrpsx .;edE) before thorequisition j o r

(ii) when no person was in actual possesion the owner of such premises ; :+ - - ? w> i-

. %

60

: - , cis.:.^^. (b) in the case of any vehicle, vessel or

: . 1 i 3 i w . , animal the owner thereof ; and

%

(c) any other person who is entitled to ( I ) -. . b . i i * . i ~ . ::.receive compen.sa%ion :

9%. :?{: t.,.;,i..',,.S: . . ad r c-nj 2;: Provided that . where immediately before the ffiotfw . requisitioning,. anyvehicle or vessel was, by virtue sssim3x.: of a.:hire-purchase agreement, in .the posession of a ,nos~+q ,i-:person other than the owner, the total -compensation paino!;':ei( payable in respect of the requisition shall be rirrum f.7: L apportioned between that person and the owner in such 30 c >ar.<:rs manner as they may agree upon and in default of

~ 3 i . ? ~ I. i e t ; i d agreement in quch , manner as .the r.equisitioning s3ft i ; ~ . zry : r authority ,may decide.

zsd lc il~l:da ~.

oj !-~j; : z ' e, 38. Power to Obtain InEormation. - (1) The 9dj i.,. r..x requisitioning authority may, with a view to requisitioning any property. under section 36 or determining the compensation payable under section 37 yns x . . < ; i i . by. order require any person to furnish to such $d :>; .:, authority . a s may be specified in* the order such pi -.< information in his possession rel.ating to such yns , C i f * property as may be so specified. sirl :,-. d,3 ,

. o 4 t t . 5 j.1 (2) I f any .person to .whom such order is an+? ;s!3s-r:addressed refuses- to furnish such information or 2 3 j-!,-.q %<:tc wilfully furnishes false information, he shall, on

9 conviction, be punishedwith imprisonment for a term which may extend to three months, or with fine, or with both.

-dun ,.,

3rl 1 . ? * . ' . ~ T > X 39.- r~viction f roe requisitioned premises. - ( 1 )

sd rcA s>rs, - Any person remaining in possession ' of any c l ~ ~ s 3 ,. ., -2 requisitioned premises' in. contravention of any order 03 bs7e.v: (9 made under section 36 may be slyamarily .evicted from slit , '.: the prem.ises by any officer empowered by the $0, . , : requisitioning authority in this behalf.

11 rslr!, . ? s f . ,

9d.i j ; : (2) Any officer so empowered m y , after giving to any woman not appearing in public reasonable

warning and facility to withdraw, remove, or open

any lock or bolt or break open any door of any

building or 'do any other act necessary for effecting such eviction.

4 I . NO civil court to have jurisdiction. - No civil court shall have jurisdiction to question the

61

legality of any action taken or any decision given by the prescribed authority in connection with the, conduct of elections under this Regulation.

41. Release of premises froa requisition. - (1) When any premises requiaitioned under section 36 are to be released from replaition, the possession there of shall be delivered to the person from whom posseasion was taken at the time when the premises were requiaitioned o r if there were no such person, to the person deemed by the requisitioning authority to be the owher of auch premises and auch delivery of poeseasion shall be a full discharge of the requieitioning authority from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the peraon to whom possession of the premises ia so delivered. k ? ~ 0 . ~ x ~ d i ~ , ~ , 363 gn r:- i m:. . +-4

d 2 z : ~ DL< t 2 ) Where the person~'~~'~h~!'~ss&#sion of any d?ua rsb prmises reguisitioncd under section 36 is to .be 8 . m e '. -* given under sub- section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his ar 70620 behalf, the requiaitioning authority shall cause a ro i ? r ~ Z : ~ e notice declaring that suuh premise8 ate released from

no , ! .If i~fa requ*sition to be affixed ,on. some, conspicuous part of e-:c:* such premises and , publish the notice in the

. I c ,*::i"ff icial Gazette. ; + : @ ' 4 : '.r(c.. ,n.i . r.: 5 :+ . .

(3) When a notice referred to in aub-

(1) - .i: section ( 2 ) is published in .the Official Gazette, the pns f r premise#. specified in such notice ahall cease to be ~ ~ b r o yna subject to requisition on .-and froathe date of such yo.; f b. . publication and be deemed-'to have been 'delivered to sfi f VQ the person entitled to poases8ion there of and . the

requisitioning authority or the Council shall not

be liable for.any compeneation or other claim in

~ n f v f C ! reapsbt of such .premises':fdr any period after the

3 Idsncnra~ said date. . ,

nsqO 'ir3 \ n r \ r r - a q w ~ ~ w x ~ r w U J y a r r l - wtrr F . . Z : , : t . , .. . . v j l i b - 30 i'mhOb c~~?s ' . : .&o )/B$& 16% J&&.T<.& *W t . :<,F

@cifg+f:$ lo? pxsas-;.?nlr 32s lrad3n .[ne ob 30 ~ ~ a x h ! 110

. . - . . ? " , . r-.. - 1 : ; ; .fi#.js&-:. .) .;.. <.

62

( 7 ) Term of office of CouncilSorn, G .f

42. Term of office of Council1ora.-(1) Eqery Council, unless sooner dissolved under section 298 s . g . > i: shall continue for five years from the date of a r appointed for its first meeting and no longer:

4 , ' ; :. 3. : -

i - - i . - 9 I - -... Provided that a Council shall be given a

* . reasonable opportunity of being heard before its dissolution. : ,,-,,?-., . ,. I

ys;r ( 2 ) An election to constitute a Council shall be

gfi, - completed. r ,--..

2 1-

(a) before the expiry of its duration specified in sub- section (1)

9 2 .

f c? (b) before the expiration of a period of six months from 9: . the date of its dissolution:-

: f

Provided that where the remainder of the period for which the dissolved council would have continued is

. less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Council for such p e r i ~ d , ~

7. ,

( 3 ) A Council constituted upon the dissolution of a Council before the expiration of its duration shall continue only for the remainder of the period for whiah the dissolved Council would have continued .r ?a;. under sub-section (1) had it not been dissolved."

-, - .c 43. Resignation of Councillors.-( 2 ) A ~ouncillor - T - - . , . ~ may resign his office by tendering his resignation in

* *$. writing to the President. 3n*FSp<'d':'d ---------'-""""'""""----------------------------------

gn f(>na.tei; 1361 Substituted "ide Aaendnent 1994. .2,--"--"-"""--------------------------o--o--------

63

( 2 ) Such resignation shall be effective on its receipt by the President.

44. Liability of Councillors to removal from office.- (1) The Government may on its own motion or on the recommendation of the Council remove any Councillor from office if such Councillor has been guilty of any misconduct in the dincharge of his duties, or of any disgraceful conduct. ( 2 ) The Government may likewise renove any Councillor from office if such Councillor has in the opinion of the Government .become incapable of performing hin duties as a Councillor ^:

provided that no Councillor shall be removable under this sub-aection for becoming incapable of performing his duties as the Premident or the ,Vice- President, as the case may be.

( 3 ) lo resolution rcaonmending the removal of any Councillor for the purposes of sub-section (1) or ( 2 ) nhall be passed by a council and no order of removal shall be made by the Government, unless the Councillor to whom it relates has been given a reasonable opportunity of showing cause why such recornendation or order am the cage may be, mhould not be made.

( 4 ) In every case the Government makes an order under sub-section (1) or ( 2 ) , the Councillor ahall be disqualified from ,becoming a Councillor, or a Councillor or member of any other local authority for a period of five years from the date of such order.

45. Resignation not to affect subsequent disqualification of a Councillor.- Notwithstanding that a Councillor han remigned his office under section 43 if he is subsequently found guilty under sub-section (1) of section 44, the Government may disqualify him from becoming a Councillor or a Councillor or member of any other local authority for a period of flve years from the dhte of its order r Provided that no much action ahall be taken against any person after the expiry of one year from the date of his resignation and without giving him a reasonable opportunity of being heard.

64

%C he.. r - . * ~ i 3 r t * .4Q . i g . d z * 46. Disqualification of Councillor during\ his J" term of office.- (1) A Councillor shall' be "' ? ''N?'' disqualified to hold off ice as such, if at any time ?%fr-,a*s prism :r)sdur ing

4'xlrC08 yni

(a) is or becomes subject t-o any of the disqualifications specified in section 16 &r-fib 0.3 Y '--?%!*except the disqual. if ications specified in * ' Q ~ ~ ~ ~ ~ ~ @ 9d3 sQ ficlause ( j) of sub-section (1) of that sectiorf:

20 3qf439'1 :?a : ) ~ A I ~ ~ - ~ z T ~ + ~ .--. I % a I - - . 4 i _ r 7 5 L9tt-, noirP?,btb - ,n'&&rsbmt .-:ff~%*. : s $ p i ~ - 4 R 3 't@";,-., *E"$

sbm a o r 3 ~ ~ ~ r c ~ < ~ ~ nc tWo(gp as a Councillor or as a me& sd S T Q ~ b ~ 3 q P cobittee of the Council votes in favour of 2a.i&:3 ::,ii~= , k3fl~9syeB"ny matter in which he has directly or 443 k i ; : ~ ~ : .yy-~ 3indirectly by himself or his partner any such

'"*: n 4 g i i i .hare or 1ntre.t as is discribed in clauses!

2 . t s p - en- ( a ) , tb), (c), (c), and (g) of sub-section ( 2 ) O" t4aas~ f a ~ d of section 16, whatever may be the value of such share or interest or in which he is

professionally interested on behalf of a

' 5 z.; 9 ' - client, principal or other person I or . ' . . . " t .iV%f:, - . \ " ' ? - 5'-qc) is grofeesionably interested or * , I s - + s c:;%

f;LngXged in any case for or against the council:

z ,I 6 "$' "

- " i $ it?. * -

(dl absents him7self during four successive rsbna b*@sm month from the meetings of the Council except p*i,"rce " I ~ @ B Q %G the leave of absence granted by the J @ f l i 6 F " a { ~ 3 " % : ~ ! 6 ?.i d council by a resolution on his writte-n

' 9 % E for such leave ; # + : . lit BBLX&

it.$- 3, :; ? and + he shall be disabled subject to the provisions of sub-section ( 3 ) from continuing to be a

f i L h ~ > ; ->-8 4% Councillor and his office shall become vacant : %.a ; = * . I poi . ~ ~ c ~ . f * ' c F *c,p~i5:, PSOVided that - - tic,as*:ht.L * 3.; igr2s ;tcasa = ,,. +2idb, .l.f rq~q.3 :- (i) not be a Councillor shall

disqualified under clause (c) if he is engaged

f f i j ~ 4 ~ g 3 ~ : . + for the Council without receiving any 65d~ 0:' *+I& ssgs remuneration therefor or appears and cbunducts bas y-,q*?q Pm his own case in- a court of law or before any '"& authority under this Regulation A C ~ against

*' the Council irrespective of whether such a ------. -.. -- ...-.- ^.lrYYQ Councillor is a legal practitioner by

profession or not ;

iatl rrs&. -*----. .- -- * - - --

fii) for the purpose of clause td),when the Councillor applies for leave, such leave shall be deemed to have been granted .unless it ia refused within period of sixty days from the date of his application.

65

! i f , - - .,~ ,,t 21 . . ;i . . 13). When a Councillor, 1.. . . I incurs ahy ' of

,, . - . : the disqualification in mub-section (1) it. ahall be

., ." ,. - < . I f . ' i the duty of the Chief Officer to submit a report to the Collector within one month of his becoming aware of the disqualification through any source

-3n.f 'ao y r i i whatsoever. , .

> i rC II?:'-'L :.+ . s* - . .: :., ,, , :., bpi? : : : 3 ( 3 ) In ever;'. case the authority to decide t:jOi frsr: .hi' whether a vacancj kas arisen shall be the Director.

The Director may give his decirion on receipt of

the report of the Chief Officer under Sub - section

I, lj _l > A ~ .. It rsch ( 2 ) or on him own motion or on an application made

~, - ; ; . c i ~ ~ ~ ~ l p i to him by a voter and such deciaion shall be

:'.: ..n?.'it conununipted to the Councillor concerned,. the Chief itor:@ :i.n re officer and the applicant, . if any. Until the t.-riis!.i 5 ; b Diretor decides that a vacancy has ariaen and 8 ~ h

. i S : ;rai.-;.,sa' deciaion ia o o v i c s t e d as povided above, the a f - r b ~ $6.: Councillor shall not be deemed to have ceased to hold

! 3 : 8 . . , + of fie=. s..,q$il; . .lo .::*..;.dm . .-

6 ' ' 2 ) irtiii+ -::s.i-tl y 1 i s r , , : ~ ~ , -.d G ( 4 ) Any pbrwn aggrieved by the decision of the Director may within a period of fifteen days. from the 7 .-. ?*:f=*.r date of receipt of the decision of the Director by

: :-?fr?n ?r!. , him, appeal to the Adainiatrative Tribunal and the orders mssed bv the Adminirtrative T r i b u ~ l nhall be final- :

-

d7J.CXIBCL1'-,.?. 5 ~. ? : L qi: ~rovidcd 'that. no order shall be passed under a!.; .sr.? >.,'* sub-asction ( 3 ) by the Director or under sub-section ~ 3 ~ T i - i - 5.. ( 4 ) by the Administrative Tribunal in appal, against any Councillor without giving him a reasonable

opportunity of being heard.

7dt c: ; :t:

. n n? n: . < : a j ; ~ . Bxp1anation.- If any plected [ . . . . I Councillor a J . : l : m were subject to any dirqualification specified in section 16, at the time of his election, [ . . . . I and continue. to be so disqualified, the disqualification shall, for the purposes of thia aection, be deemed

ed Jefi , to have been incurred during the term for which he is i j . l fs~l13 .'I &I elected 1. ,. . , J .

\-n -. !. n L ?.? ,

i J>ijhnr~c,>.> SM. 47. Special p.mvieiona regarding

"rns ~YLJ%S+CI 7 ; di-lific&ion for failure to gay -16 d m to the < w , . ; . .: i.Ga :;in Co-il. - (1) a he Chief Officer shall prepare and

r, rf:.ue: 7sfi:

fcl 'f:ivc;r+r: ---------------;-------------------------------------

1361 Olitted ride h l b t n t , 1994 . . .. .

1311 Olitted ride i h e h t , 1994

: . , K 8 ------------------------------ - -L--- - - - - - - - - - - - - - - - - - - - i i g d n rs~s$ i . ~.

sf .:I alvlnrr + . , c; wm35:u

. ~ *df mc.;.?. r y e h y.+x,e 2s. bjnW i..id.fi,n t j48V342 .nc,i.~su, lqgs aj!l fo r f &

66

forward to the Director by the fifteen day of April, July, October, and January every year a :list of all the Councillors (including the Premident and the Vice-President) wbo, on the 1st day of April, July, October, and January, respectively, immediately preceding, have failed to pay any tax or taxes due by them to the Council within two months from the date an which such tax became payable, and the amount due from each by way of each such tax. A copy of the list shall be placed before the Council at it next meeting.

( 2 ) The Chief Officer shall also issue to every I fl G * Councillor included in such list, simultaneously a 6s. special notiae in the prescribed form requiring him 1 n 4 - to pdy th+ amount of tax due from him within one

I month from the date of the issue of such notice.

I 1 ' 33.. T~::

. . 3 . : (³⁾ The Chief Officer shall forward to the I ,.L/. .. . i . . Director by the last day of May, August, November, , ; f.'' 3 . , . ~~ ! and February, immediately following, a statement

. . : I * . . . . showing - , -

. " . j .< id. . - , .. .> . . :: , ,^I, . ... I ' ' 1 . , , + : . , .,.- - +

, t : .

(i) the.&&& ok each ~6ainci1lor included in 1; .;...... " - : 'A :. . ' ' .,>j,, % . ..%. ;,. ,.- .. . ~-the , list prepared under sub-section (1) ; . .

. ' I > : : ,:,;.:. !

(ii) the amount of tax due from each such .;sfi.;o <. * :..*,c;.; Councillor by way of dach such tax and the date on which it became payable; fssl : ' ! 3 z..:. :!P ;

. 36.3 : . * I (iii) the date of the special notice issued

, X L f ':.:. ! ! ! .~c : z ' : "0 such Councillor under sub-section ( 2 ) ; and &*i ,; . I . , ? :

tiv) the amount of t a x paid by the

Councillor and the rea'aons for the non-payment

s h l .;:. . . - 4 ~ 3 ? 2 of the balance, if any,

I 9:.a, ' ~ ? >; .:>,-. . . > ~ * ! o*ai 4 On reheipt of the statement under sub- i 31.13 1 3 $

! sebtion ( 3 ) , the Director shall iasue a special notice to each Cbuncillor who has failed to pay any tax by the date specified in the notice under sub-

i section (21 calling upon him to mtate within one month from the date of the special notice why he should not be disqualified and his office declared

vacant. If the Councillor fails to give an

explanation to the satisfaction of the Directors for

the non-payment of the taxes, the Director shall

issue an order disqualifying such Councillor and

his office shall thereupon be vacant :

67

Provided that neither the pecuniary :#:i : :;

.: - clrcumtances of the Councillor nor the fact that h e , .id<

* . 7 has paid the arrears after the notice under sub- 5$,i. . .$; :

i.:?, t , eecton (⁴⁾ was received by him ahall be a satisfatory * i 5 .: .,3 ". iic+,:r T, explanation for the purposes of this sub-section.

,t <;...x .a::.; .i:- ;Y ( 5 ) Any person aggrieved by the decision of the

; : " Director may within a period of fifteen days from L. ,, .% %:, r~... the date of the receipt of .the Director's order by

' him, appeal to the Administrative Tribunal and the . < , , ; i orders passed by the Administrative Tribunal in such appeal shall be final :

Provided that no such appeal shall be entertained by the Administrative Tribunal unless the amount of t a x due is deposited in -the office of the Council. .,' , . . , ... ,

. e . ( 6 ) Notwithstanding the fact that the

< 2 ?;tz.y.. ~.! ' Councillor so disqualified has since the date of his T,,l.i.'i ., . .. 3 . . ;?! dirqualifioation paid nuch dues of hie own accord or such dues are recovered from him in accordance cith the procedure laid down by or under this

n.. fici., i 7. Regulation, such Councillor shall be disqualified from becoming a Councillor or a Councillor or member of any other local authority for a period of five

4: >, . 6 , -.&* years from the date of such disqualification.

., , .. r t n r . . 41. Section 4.7 not to aff'ict Councils other powers for recovery of taxes.-- Nothing in the lamt L*'je7 . 3: preceding section shall be deemed .to affect the 6r.u . : ' powers of the Council to recover the amount of tax due from any Councillor in any other manner provided ' ,.*. -. - .:,~.+ v,. by or under this Regulation.

J:..-.r.& ri,. p . . 49: Councillor to vacate all office6 if he

ceases to be Councillor. - A person who ceases to be

-drr.? ire. a Councillor for any reason whatsoever shall ips9 is^?. I & facto vacate all the officeq.,held by ~. him by virtue, of his- being a Councillor. '$; ,9k,,, qr, ,.: ., ' ; :-. . - yn4- $;LC? .>

-<..,is .rzabn-. .----.: a> riri 1 i,i x '.^{. .} . ---7- .

.,acl arc+ji* .*js&&* ; z . , jh ,:wjg ;yfi iLL+-a. . 1 . .7>$ '

sX y;j,v soitc.r jLltTh;a3 :?? ?Jdl j 4.!.! m(l.tL t i . : r . .I:

, ,f5:':,?0".y&i?j ;... , . '!.aiflTgupa+ 'J<'soa . ul::-t.+

. . , , . . , . ~ . , * , i . , ' ; : S L . z ,. a. .. ~ ~ . ~ ~ c , ~ ~ , .-$ ? ! v * ,.'.>'

,.

> < J ? e. ;:;$&? &+:; zj$,$ 5.7 q^$7,+>-%:*%$ : -68 ,*ti$, >,.? ,^{t?~~<.~l~~.~~:- >}. , . :&:...zJ-~ 3,,$t, , g ~ ~ j i j ' 5 !f 30' $qyni~Gq-P(Di: .+.i. '

krirr . . , : : ' i g h f ~ ' ,;:b i . t a . ~ ,

, . jn-;r,:.v +d ne;q~s l l . r i : j lia,da !:,.ex?> :L.'

68

51. Casual Vacancies how to be filled up.- (1) Where a vacancy occurs through the non- acceptance of office by any I....] Councillor or such person 3qf n,, being disqualified for becoming or continuing to be a Councillor, or any election being set aside .under the provisions of section 22 or the death, resignation. removal or disability of a Councillor previous to the expiry of his tern . . of office, the vacancy shall be filled by a bye-

! election I....].

a 1 3 9 1 Provided that no bye-election shall be held to fill up a vacancy occurring within six months

i llsris E,.!;; prior to the date on which the term of Council expires.

1 -,+? f i 9%: . * L ( 2 ) The Chief Officer shall report to the

1 , ; '.*:,. , . Director every vacancy in the office of a

I ;~;wr;:f.:c Councillor within fifteen days of the occurrence

, . . . of the vacancy or within fifteen days of his becoming

: 2 : lC: ,7il aware of the vacancy, whichever is later.

1 :A,!: j r i

+!,l:'*f 9" ..................................................... ! ;n.t .-.:.. I -. [HI Oaittcd ride b e d m a t , 1994

I I391 Substituted ride bedneat, 1994

-------.---------------------------------------------

,. , . ,..

I . i<:, ??.3.;Lr~l*:.?Y..::r.: - ,r .c; .:> %nL;?$<>:.! z i t . , ' .*

..''.'>ig ?<$$'j'~+.;f& :,i ,.?.17 PCi(1932W ? < , l i l .

. . , L 19ilSP L.. : . 1 3 -P ! c . a *.*-I !fd :.> '* *:.:.= *?! f 5 ?&-? ! !? t - I . f :x*qol.: ',*I i L . , i . EF(L?'d 5 . :~~:

~ . .

I

7 : .>.+-: . i&i ,;?, . 4+1P. c.2 > ,2iId:.sn s . . . .

:o L~~'>,-L;.. -. .^.I .F-+3e -:ni. drria

' ,^f*? ; . . :$i. $*: .. i : C : h.~i:f (10k311). , . : . . ,cij3:": ..rr,i x ..., $ ., ;:r."s.x-',*<- - m y CnAPTER I11 , .

(d).ertinguishing fires, and protecting life and property when fires occur ^;

(p) disposing of night-soil and rubbish and if so required by the Government, preparation of compost manure from such night-soil and rubbish ;,

- , , . . :'u establishing,, and maintaining primary achools. I 4 0 1 ¹(v) Preparation of plans for economic y:n ,;.a ~*i;nr:~ development and social julrtice and the performance

"i:-;tna,i psrr f-4.: of such functions and the implementation of such 3ii.i rmo~?. R.: schemes as may be entrusted from time to time by ,

~ , : I . ~ I r x . 2 s8.f the Administrator .to a Cauneil including those in nc-? yir~q;;.. ' - - relation the matters referred to in sub-sections ( 2 ) ana(J1 a , .

; a3z;.ssrg ..................................................

1411 Addtd vide Ameadrent, 1994 ..................................................

. . .

eiBC13 ; I " L * I F ~ b!: ' j k ~ ' Y C ; ~ ' *~'f~&07073jj 4 j i f ~ i l i . t ' i ' 5 6 s - c !:,ql ~,:ni.,li at$+ ~.iri?.ik, h.32 iua>:s? rsoSaa f u.: : - ' , dqrnt! i is;ina " yplgqrjr w'.:

72

i

I^{, .}

I . , .4> :. ( 3 ) A Council may. at' its discretion provide,

4 . .. .:. either, whol.ly or.. partly, out of -the municipal ... property and funds for - , - . , - - - - , .- ' i o f ab.lwfwI 1 ,. .:~.. .a* ..ge& @? .%1103 qdt, ., . (a) . laying ,but ,whethc*ibi~~'%reas previously

. . built 'upon or2 'aot, = new public, streets, and

.. . aosuirina the land for that purpose. and the'land f i u ~ eumu p^fc) iayingc.i:out ozurmrinbainiag public parks and. .

and afeo-planting--:a~dt.e.~intaining road- .

other trees ; . ., :^, . . . ~~. ~ . . + . ...'..* :"T

&-: required- for . the: conrtruction- of buildings or . :. curtilages there of to abut on such streets ; . >

:.:, ,.

< . . . .., . .. " . - . ., . , , . bn6 jnsz .hroOqll . ,:: -~ . ,

i.Ls

.:":-&-$0 s?a,n.srfnisr . , (b) establishing : r m&.intaining public

:I? @ %omd .., la~,,.kos~itals, institutibns : fet ' -:ake-primary and

.!. '&@mePTu13 I-econ&ry eduwtion, libraries, mseuns, lunatic

1: .^. , - - ; x ~ : .Lsylums, gymnasiums,akhadaa, and home for disabled ; . $& zo rioifarirnd.!.. distituta . persanr and , constructing and do&& hrrpohaintaining builzlingsc" therefor,. along with such

! 30 btS..$lo&ther ,public building lik&-Wwn halls municipal d &if '&&~ffiols: sbops, dharma*ah&las; bpen air theateres. i.ta&ii. iind rest housea ; , . -.

73

:am i i . r e r r r t 7 A if .

I p r o v i d i ~ music for the people ;

' C . , r

(el taking a census, and granting rewards for information which may tend to secure the correct registration of vsital statistics ; . . ,. (f ) , making a survey ;. .,. . b.*:f.ks..p=b:' ~ . $+@3&,*:'.: 3&.>::

(g) paying the salaries-and allowances, rent and ther charges . incidental to the maintenance of he Court of any stipendiary or honorary agistrate ; or any portion:of any such charges ;

, .

(hl arranging. for the destruction or the etentiw and preservation of dogs which may e destroyed or detained under section 278 of thin egulation or under any law for the time being n force in the Onion territory ; i , i . . ' (i) securing or assisting to secure suitable

. . . . .. places for the carrying on 6f the offensive trades specified in section 265 ; ~. . .²

(jl supplying, constructing and maintaining in accordance with a general system, approved by the Directors of Public Health, receptacles, fittings, pipes and other appliances whatsoever on or for the use of private premises', for receiving and conducting the sewage there of into sewers under the control of the Council ^;

(kl the acquisition and maintenance of grazing grounds ; and th'e establishment maintenance of dairy farms and breeding stud ^;

(11 emtablishing and maintaining a farm or factory for the disposal sewage ^;

(ml promoting the well-being of municipal employees or any class of municipal employees and of their dependants ;

(nl providing accommodation for aervants employed by the Council ^;

(01 the,construction sanitary dwellings for the poorer classes ;

tp) the purchase, organisation maintanance, extension and management of mechanically propelled transport facilities for the conveyance of the 'public ;

74

?;=- In jrro , ,... ' , : , . ' I "C' . . u i . , ' S r,s: t; (q) the construction, ~intenance repairs, u d , d - t ,,r;ijrpurchase of any works for the .upply of electrical ,;jenergy or gas ; . - , .. ! .i&$ re24 . .

, ..

! ~ i n j ns x 9 & .

I * .la I ,: j . i ~ j a , ~ .mg,l, r 1 making contributions . towards . 3 , . the :

$), Lf.;2xr ilLm: construction, gstabliahment or maintenance of -

.ad .: I - rrol:l z,si4edyational institutionr including 1 ibrariem and :

7

, .museums, any hospital, dispensary or mimilar .

..institution providing for public medical relief 2n:,d:or any other insti.tution of a' charitable nature ;

PC. , 2 . .

. . ac:;v p,, (9) giving grantm or donationr to privately run

~. ,,,,,primary or. secondary schools or hostels for student. ;

7 . , . . (t) the setting up of dairies . or farma crd-t . tlsmj.for,-the supply,distribution and processing of milk

I ; , 4d j or milk produata for the -benefit of the ;

1. . :inhabitants . of the municipal area I - k ~

14111i ,,< ilQh (u) any public riception ceremony, fair 1

bus or,r.~~a.>iT&ent~rtainment or exhibition-within the municipal 1 I .. ~ ~ i m . ,; : .:,area, if the expenses in each came do not exceed. , . I , iirst,3.: i. ;:i.lpR~.2#l I.. . I and the total expenditure during soctve.l :? , i . r6-.i.the year does not exceed Rs.l### I...]

;. .*a9 111 j:i-,i.e,provided, however, that the collector*s sanction

- . shall bc necemaary. - - , . ! . .. 8 .

-; 4 i ~ % + ~ (i.1 in each oasa,. where the expenmes are a l,o~ fx above the prqwirwk. limit8 - _8e.reiin .befo.re ;

i;,imo~c.apecified; 5 n ~ . : . & ~ 5 . y : 3 ? i k f ~ t : . - 1 . . , , *$,!,,::l:s:

, r. rnA,+?&? .*I %if .:&q B e ~\iSI.?.a?t% i F * i , u ~ r ~ f i i ? rr ;:3%.a5, (ii) - in each case, whatever the expensest

, involved, after the annual- limits herein pni3cf ur before -specified are reached';

. ~

; J i j sar .id (v) anz . othei:.. measure not - specified . in .

fi,,,subsection. ,(2l likely to promote public safety, health and convenience. -,. :.I! .^. 'W ,a 'i :-13 ,

i fo^{>c s,:..J,}

t 4)' No wit for . damage* .'or, for apecif ic performance shall be maintainable against any Council or any Councillor or officer or servant thereof -on the g r o w that any of the duties specified k-,@-ction ( 2 ) above have not been

.. .. performed.. .:.L ..- I t , . :..,,... . .

. . ,. ~ , .. . . I . : , . ' . .. : . . ,.

-----------------------------C------------------------- I411 mitted ride he&e1t,l994 .....................................................

75

1 5 ) Every Councii snali also, out of the

, F : L . ~ C ~ J . municipal property and fund, dake payments at l ~+~ . rng ; * such rates' as.t.he Government mayfroni time to time by, general or special order specify for the

maintenance and treatment either in the

%I? p i . municipal area or at the any asylum, hospital or

%a. tt.>rrsoe house, whethe'r within or. without, such municipal area,

hnb -+k~s:. which the Government declares by notification to be

zlirsu,ir . suitable for sucb purpose,- , - - l % i L u r is: , . . ' , * . . ~ - .

(a) ' of^s. : . 3^.s~ >

nirr y'.?j!,vir order under Chapter XXXIV of the Code of V of 1838, ' ,

.cu: ~ I ? ; . ? H J . ( Criminal Procedure, 1898, is in force, . . and

sV::.9; ". 7 1 . (b) ..Of laprosy patients, 3 i a t ? ;r pn; 7,: .I resident within, or under any enactment for the

,:J:; F lo ;. " time being in brce removed from, the municipal . . I . , . : area :

Provided that the.couhri1 shall not be liable

under this- sub-sectian ..,for the maintenance and

treatment of any lunatic or leprosy patient in any

such asylum, hospitalor house as aforesaid, unless

such lunatic or leprosy patient, immediately previous

to his admission thereto, has'.been resident in the

municipal area for at,least one year.

91h ~ S W ! ~ . S Provided further that, where an

-- >.?~.i" nj. . application is -made to the High Court or a District Court under. the'provisions of

section 88 of the Indian Lunacy Act, 1912,

w3r.rcrqrv no order for the payment of the cost of

. : maintenance of the lunatic by a Council shall be made without a-ri opportunity being given to such Council to show that the R.; has: lunatic has an:estate applicable to his

, y r e ? s ~ . .I ' maintenance - o r .that there. is a person legally bound; ar%d having the means, to

maintain him. The officer in charge of

rii%1>*ya any asylum.. to.; which .lu@atics for whose

yns :b3z . maintenance and .treatment a Council is

JnavlsR - liable under this- sect*on are admitted

ssljub -:shall maintain a clear accohnt of the cost

.sl-pd jor of maintenance and treatment incurred on account of each lunatic detained in the asylum and shall furnish a copy thereof to .<.-----. the Council on app~i~ca,-~one .-. .. .. -. . . -^-.. -.

, , ' . . 02 :ill -- - - ^ - -- ----. * ....-.-.-- *..--rur- --.-r--.---- b > 7 . ' -,.~~!,:::!.-.' : , . ~. . .

'. .. > . . . .

.~

76

* : c sd a -! :Y ( 6 1 Where a Council has entered into any

6::~. t? xc arrangement or made any promise, purpoting to,bind it

' or its successors for a term of year8 or for an -5 l ,r. ..., , unlimited period to continue to.any educational or

31,:; 2 (5 charitable institution a yearly contribution from the 2+wfu* [ $*. , f1 Municipal property or fund, it shall be lawful for . ,f - - the Council or its successors, with the sanction of the Government, to cancel such arrangement or promiee

or to discontinue, or to ,,diminish such yearly

-. contribution, provided that it shall have given at

- least twelve months' notice of its intention so to do I . , . - to the manager or mangers of such institution.

* . i ( 2 ) President and Vice-president --

I . ^{1 .}. A .

52 .. Election of President and Vice-president. --

l421 (1) Every Council shall have a President and a Vice-President who shall be elected from amongst the Councillors who are elected [ . . . . . I . Provided that subject to any general or special orders of the Central Government, the Administrator shall reacrve the office of the President for the persons belonging c.rir ' . to the Scheduled Castes or Scheduled tribes or women

. or backward class of citizens in the prescribed

* ,. , manner, [ 4 3 1 (2) Within twenty-five days from the date of which the names of ~ounci'llora elected a Council are published, or as the case may be, first published, under sub-section (1) of section 20, in the officidl Gazette, the Collector shall convene , a opecial t 8 : ?. 313 meeting of the Councillors for election of President .,-*. -

? <

7 t and Vice-President:

t)&h" ' . Y *I * . ' i - \ c l : .J I - . f ! C [ ,.*...,,, ] ' "

..r): -----------"----------------------------------------

I I

46 i j Dc.s I121 O~itted vide henbent , 1991' m 9 ~ 3 c ; I .$ -3 I131 Onitted vide dlendment, 1991

77

.ans o s ~ : I ( 3 ) *he meeting called under sub-section ( 2 )

2.k krri.3 cd , ;hall be presided over by the Collector or such

: ,, officer as the Collector may by order in writing '10 ;L.r 'g.a~ ):j.si appoint in this behalf. The Collector or such officer ?XI> mc--~% 10 shall, when ,presiding over such meeting, have the tcciwn;f same power as the President of a Council when

P~; r lcz J.3n5 presiding over a meeting of the council has, but a e ~ m o ~ q ro shal1,not .. . have the right to vote :

y :assy 4 i !ss. i i . . .

3s ..$VL~ ~ T : E Provided that notwithatanding anything ..,b 3L Sli;,r$pntained in this Regulation for regulating

,i procedure at meetings (including the quorum required thereat ), the Collector or the officer presiding over such -meeting may for reasons which in his opinion are sufficient, refuse to adjourn such

. a .. .. - * meeting. ( + :* .. I - ( 4 ) 12, in the election of the Preeident or the

, . . f .,; ace-president there is an equa$iky of votes, the

, * - - - . .. i result of the~election shall be decided by lots to be

,,iz - l_l, l^.Iarawn in the presence of the Collector or the officer 9 ~ 7 k i ~ . . p i presiding in such manner a,s he may determine.

' , . 0 R * s ,,., ,. . ( 5 1 Any dispute regarding election of the

, , , President or Vice-President shall be referred to the Administrative tribunal, whose decision in that behalf shall be final.

. *', ! F B 1 r'441 (61 Omitted. r J

' ,

~ 4 5 1 ' - .( j 1 Omitted. .- X:

i '; i . .

t 8 If during the term of ' a Council, there ia ^a vacancy in the office of a President or Vice- President due to any reason whatsover, the same procedure as prescribed in sub-section ( 2 ) to ( 5 ) ahall apply except.

." #-i .,**--.-..?---- --.. ..-

1461 . . . I that the special meeting shall be called by the Collector within twenty five days from ,

--the date on which the vacancy occurs [ . . . . . . . I ; 147 1 (b) Omitted.

- - - -

I441 Omitted vide kndment , 1991 . ' '

1451 Omitted vide Amendment, 1994 +

I461 Oeitted vide Amendment, 1991 ^'

I111 Omitted vide hendreot, 1991

78

53. Tern of office of President and Vice-President. The term of office of the President aria Vice- President shall be co-terminous with the term of the Council. , ' - '^5''

: ; ; I ' . *a i

54. Resignation of .~resid&nt. (1) The President may I

resign his office by tendering his resignation in writing to the Director.,

( 2 ) Such reeignation shall take effect on the receipt thereof by the Director.

55, Resignation of Vice-president. - The provisions of'the last preceding section shall mutatis mutandis apply in regard to resignation of his office by the Vice-President.

56. Removal of President and Vice- President. - A President or a Vice- President shall cease to be a Pre~adent or Vice - President as the oase m y be, if the Council by a resolution passed by a majority of the total number of Councillors [ . . . . I at a special meeting so decides.

( 2 ) The requisition for such special meting shall be signed by not lCss than one - fourth of the total number of Councillorsl... . I and shall, if such meeting is to be convened for considering the resolution for removal from office. -

(a) of the President, or of the President as well as the Vice - Presidpnt, be sent to the Collector;

(b) of the Vice - President, be sent to the President.

( 3 ) The Director or, as the case m y be, the President shall within ten days of the receipt of a requisition under Sub-mection ( 2 ) convene a special nesting of the Council;

------'--------"--'"-----T'-'---TT----T-T--------------- 1481 l lrb~titnted ride k h t , 1994

1491 b i t t e d ride Iwhnt , 1994

lSll O l i t k d ride A d m e l t , 1994 .....................................................

79

Erovided that, when the Director convenes a special meeting of the Council, he shall give' intimation thereof to. the,Prerrident. ( 4 ) A meeting to consider a resolution under aub- section (11, shall be presided over. -

(a) & ' by the ~iradtoi or any other officer authorised bx.him in this behalf, when a

- resolution for the removal of the President or of the President and Vice -

President is under coneideration, but he

"

ehall have no right to vote. . .

,(b) by ,the ,President, when a resolution for

.,"' the removal of the Vice - President is hndej consideration;

r u * 1

80

- , 57. Conseqwnoem of absence of President or Vice- r: , President without leave. - (1) Every President or Vice - President who absents himself from the municipal area -

(a) for a period exceeding three months at a time unless leave so to absent himself has been granted by the Council. or - - (b) for an aggregate period exceeding six months during a year whether or not

j leave for auch absence has been granted by the council, shali cease to be President or Vice- Preeident, as the case may be. I

( 2 ) Leave under clause (a) of sub-section (1) ahall be granted for a period exceeding six months during one year. Whenever leave is granted to a Vice- Preeident a Councillor shall be elected by the Councillors from among their number to perform all the duties and exerciae all the powers of the Vice- President, during the period for which such leave is granted.

( 3 ) In every case the authority aompetent to decide whether a Presiaent or a Vice - Preaident has ceased to be President or Vice - President under this section, shall besthe Director. The Director may give his decimion either on an application made to him by any voter or on his own notion. Such deoiaion shall be comnunicated to the President or Vice - President concerned, the Chief Officer and the applicant, if any, Until1 the collector decides that a vacancy haa ariaen and such decision is communicated an provided.

1 1

81

. - . . . . ,.- ~ - , . ,. . . . above .the President or Vice-president shall not be

. , . . deemed to have ceased to be President or Vice-

, * . . . President. as the case may be :

Provided that no order shall be passed by

+, ,.d - ,.-$ the Director against any president or Vice- >!::m:r President under this section without giving him a reaeonable oppartunity of being heard. .,.J J r.~;.:: ;. ( 4 ) Any person aggrieved by the decision of the

$,:..: rn . . Director may, within a period of fifteen days from

. . :, the date of communication of such decision, appeal to the Administrative Tribunal and the decision of the Administrative Tribunal on such appeal shall ^be final .

58. President or Vice-President to hand over charge - (1) On the election of a new President or Vice-President, the retiring President or Vice President in whose place the new Premideet or Vice-President ham been elected shall hand over charge of his office to such new President or Vice President, as the case may be.

(2) Every President or Vice-President who resigns his office or is removed from office or ceases to be President or Vice-President for any reason other than the election of a new President or Vice-President shall hand over charge of his office- ti) to the vice-~reeident, if he is the President,

(iil to the President, if he is the Vice -

President. ( 3 ) If any President or Vice-President refuses to hand over charge of his office as required under sub-section (11 or sub-section (2). the Director may, by order in writing , direct the President or the Vice-Premident, as the case m y be, to forthwith hand over charges of his office and all papers and property of the Council, if any in his possession as such President or Vice-President, to the persons specified in sub- section (11 or sub-section ( 2 ) and such President or Vice-President to whom a direation has been insued

82

under this sub-section shall hand over cha,rge as required by the Director.

( 4 ) If any President or Vice-president to whom a

. . , .* + direction has been issued under sub-section. ( 3 ) ! : , , , t , ,: .does not comply with such direction, he shall, on r..~I-.jrSrIconviction, be punished with simple imprisonment for

,., .. : .,,,a term which may extend to one month, or with fine which may extend to two thousand rupees, or with both. , , $3

E r i C . B t . , r ' i J k!

. .,-a .^3LB~~irji 59. Functions of President. - (1) Subject to the .,,2proviaions of thi8,Regulation and of any rules and .bye-laws framed thereunder, the President of a

83

.:. 3

9s shall be'paid from the .. municipal fund . , : , ' . . . . s t a

. .

Provided that - . . ' (a) he shall not act undev'this section in . a

travention of any order o f the Council ~<*.

hibiting the executionof any particular k or the doing of any particular act ; and

(b) he shall report forthwith the action taken under this section and the reasons therefor to the StandingTomittee and the Council a t their respective next meeting. punstion of Vice-president.- (1) It shall be the duty of the Vice-President of a yi 533 council-

*';: i:fj .,

o s c z r ~ l x ~ d i;i .f.iich (a) in the absence of the President and unless prevented by reasonable cause, to

preside at the meeting of the Council ;

4Vi2i; ' . . iX9 5.15 i f

(b) whenever there is a casual vacancy in the office of the .president, to exercise all the powers and to perform all the duties of the President, pending the election or, as

' the case may be,nominatio? of a new President;

(c) to exercise such of the powers and

, ; : . , .

perform suchof the duties of the President

... . as the President may from time to time depute

. to him ; , . L . * . . : (df. during- the, absence of the President, to exercise the powers 'and to perform the duties of the Prekident.

, ,. ,.,..-.. .. < . ~ ; > i ? . . - ( 2 ) ,The ice-president shall be the ex-officio .-:Chai&n of such one- of the Subjects Committees, if as the :Council m y determine.' ' -

. .. , , t

61. Simultaneotirr vacancy in the office of President and vice-President.- in the event of the officers of the President and the Vice-president of a Council becoming vacant simultaneously, pending the

- : 2a*&''e' election of a new president,. the powers and

:;. :,duties of the President shall b e exercised and \ii ? ?a performed by the Director of such other officer as

ti"li;ik' t* the Director may in this behalf appoint. , . .... .x:r..gss . x u r , ~ ~ ~ p ? , ~ . - , , ~ o r z + ~ ; i r ~ .a+?? E-A .-A.

, l s d j ,.aces l.,?. - ysm , : tA+, .:%a$ fd+q : -iij,jj ' ' 3 6 'ii.*e%~* . . ?d*-k .+.;rj t!:os gni& . I U , A ~ ? , Q ~ + I I ~ , D ~1+3il;lii?9. . ~ . . . ->% . , -,:eaa&%xs

84

lr. 3 3 3 62. Honarariam or allowances to president* 1 c3- f

and IPembera" of Council.- The Government may i . . + J prescribe the rates of honorarium or allowances to be paid to the President and members of the Council by rules made in this behalf.

4d3 B ir.;: 63. standing and Subject Committees for all claaaes of Councils.- (1) Every municipal Council 3ai3 shall appoint & Standing Committee and may appoint ': auch Subjects Committees, a. it may deem necessary. l ~ f j i r ~ i

,ao~: ?I: ( 2 ) The Standing Committee shall consist of such

'li number of members as the Council may determine, 10 f % G $ so however" that the number of members so determined shall not ,"exceed one third of the total number of ad ..r Councillors. , ~ rw I .-

~ l d ~ i noi;: .sr Provide() +$&it in so dcterminind the number df

153 J " the member of the standing Committee, a fraction ?&ah1 be ignoyed. 3932 CGrn 7- - a - .

-g&s-t ? . q r & ~ ~ ' 9 6 E I ~ X ( 3 ) ' 1f ."$he. ~^ou~~i.1~ dec o appoint any subjects Committee, such Comm al-3 conaist of not more than five members, as it may determine.

c.

2 .'

?: .- ( 4 1 he' Preeident shall, wi$hin seven days of

9b..7

his eleckion as President under section 52 call

special meeting of the Council for the purp6se of- r

- " - L A Ca) determining the, nurnber of members of . " b e Standing Committee ; ; :. -,.* 1 -+:A *.& 1 GI A ~

1 2 - iJ,i E :I. it 3% , '3 .^{3~ -}- (b) determining the Subjecta Committee or 1sr23S -> ' . '4 <-% Committaes, if any, to he apginted and the

3.1:

wmber of members of each such Committee and . ; , I . ?*~,.*'

4 2 . 3 ,

. If more than one such. Committee are to be @?..?il..~ > ;, ; appointed, the aubjacts Committee - of which JF 2," r r ~ ,* the Vice-president shall be ,the ex-officio o=4-,!2,- e * 1 3 A.' ;.% P' >fi.. % - ! ,*.

.:'f h .*" - 1 ..* \p",i*dl"s;n,.t t Y.!, . . C S ~ & 3 - ; f t a c aiidn , . goz the " Standing doinmittee and the Subjects . Committee or Committees if any, in the manner prescribed

.by the Government. , : *"3 K%-. %i,. 2 , ~ "

3 6' @ - % S f S ;>f. (

-~-l.:::~~i'igrl) pi* ( 5 ) If then one subj ittea :are to appointed, the Chairman e Bubjecta ittee tee. other than 'that the vice- President is to be the ex-officio Chairman, shall be

2 0 elected by the members thereof, at the meeting

rri 2b-1 convened undq sub-aection ( 4 1,. $ime3 sifostdnre

j f f ~ ~ Bulc;-jaa b r s r 3 b - . * ~ &c.a .r i u a c r e a h . p s i r r s . a a a u O ~ ~ ~ P J Q - Z * 3rf-t

.$nmig%.;ng-s:,ib' ~3b2ko So mrraJ

85

64. Constitution o f Standing w i t t e e of Counckl*.. - The Standing committee referred to in sub-section (1) of the laas preceding , section shall Consist of-

(a) the President of the Council as the Chairman,

, -: (b) the Chdirr~an or Chairmen of the Subjects Committees, Lf any, appointed under clause (b) of sub-section (4) of that section, and if no such subjects Committee is

, ., ,"apgointed,the vice-Preitldent,as the member or members ; and ,.

. , (c) such other members elected by the Councillors from amongst their number in the manner laid down in c1au.e (c) of sub-section

(4) ofaection 63, sa however that the total number of memberm of tlie Standing Comittee shall not exceed the number determined under clause (a) of ciub-section , ,.. ( 4 ) of the said

~,

section :

Provided that no Coupcillor shall be ,eligible.'to be.a member of'the Standing Comittee, if he is already elected as + member . , of more than one 'Subjects Committee.

65. Special ~oiitteea. - Atouncil raay f rola time to time appoht ' ' Special Committees consisting of such Councillors and for such ddation aa itmay detellaine, and may refer to such Comiiitteeis ,such special', ~ ~ j e c t s or matters relhting td' the purpose8 of t&iI'Regulation, for opinion d r " Snquiry and rcpsrt , as the Council, may think ,fit. The Council may at,any time discontinue or alter -the' constitution of .any . ouch Committee. Such Committee m y be directed lS.'the Council to aubmit ita, report or opiniqn, either to the Council, the : Standing Eoaimittee o r ' M y , of its Subjects ... . . ConMitteee. . . . . >. , ' ,.' . ,~ . -

66. T e a of off ice of. "&i'hn and members of Standing and Subject8 Coaait.tee8.-- (1) The term of office of , the, 'Chalrraan' of th.e Standing Comittee shall be Co-termfnous with his term of office as

. , . , President .' .,,, ' ,,, , . . . . ... . . . . , ' ( 2 ) he' 'term of office df the Chaii@an bf a Subjects.Comittre df which tife Vice-Predident is the ex-officio Chairman ahall be co-terminous with his term of office as Vice-president.

86

( 3 ) The term of office of the Chainban of other;?, 2 . . 9 s . Subjects Commi.ktees and of the members o f the LC. n-xsui Standing Comittee and all Subjects Comit$ees

..4: kqf 9. shal-l be one year or. for the residue of. their term i.~:.>nr:? 21 as Councillors, whichever isless, but each of them shall be eligible for-+e-election r

Provided tha,t, if any such Chairman absents .r,i.$ rn : himself from the municipal area for an

? i~nr r i r .s -r aggregate period exceeding sir months during the / , s Q b i ~ d year, Whether with or without leave of . ~. Council, . he BEB. rl I shall cease to be the Chairman. .-'.,.: i. ;G:. . . ! . ki, , . i :b.::3.> * .. . i !+ . $ ~ > * 7 ; TCJE, : . : iu~n 67. Casual vacancies in C-ttee' of the

Council.- A vacancv occurina in anv Comittee of a

Coungil due to ;ny ream& whatsoever, shall as

.*lqiarro soon as possible, be filled up by the election of

H5-5( l f a member thereto, subject to the same provisions as

those under which the member whose place is to be

filled up was elected.

:-.f a~:ib.::>d 68 . Function and power of Standing Cormittees

and 'subjects Conrittees. - Each council shall make

bye-laws to provide for the following matters :-

= . ifsdo s

,~ . :~hnr,: ' . *I$$, :&..* (a) allotmen& .of ,.subjects. to the

. . . .: . . $

. , L > . .

S F - < - ~

( v ) a Municipal Education Officer;

bnb -.TI 73. Appointrent of other 'off iccrk and varyants.- *a yM% (1) A Council may, with the sanction 6f the Director, i.: ba*:create such posts of..cifficers andneeants other than .

of the Council and exercise such powers and perform such duties and functions as may be conferred or imposed upon him or allotted to Fim by or under this Regulation ; &:(b) take stsds to give effect toall the 'decisions or resolutions of the Council ;

?, , ~* ! !,<{".:: xc',~-,' .%I< , : :.,

given a resonable opportunity of showing cause Y6.T .-'3.~.

( 8 ) Any officer or servant agrrieved by an order of removal, dismissal or reduction in a post I .. or rank passed against him with the approval of the Director under sub-section ( 4 ) may file a revision application to the Administrative Tribunal. Such application nhall be filed within 61 days from the days from the date of auch order.

'i .

3

. SC9111.:;

: 1 1 Subject to any rules mdde in this behalf, the order in which the businessshallbe transacted at any meeting shall be determined by the

2 f a L 08ted up at the municipal office shall be deemed to bsj3$e suf f icient not ice of the. ashourned meeting 8 odd '*' ~oiwithstandin~ anything aantained in clause -2'9); no quorum shall be necessary for* such . ~

instruct a Deputy or Assistant or other competent subordinate, as to his views, and may send him to the meeting at his representative, instead of, attending himself.

7 %ilj :,,,,+ at the municipal office at least three clear days ra before the.date of the meeting ;

( 3 ) The Council or a Committee may require any of the Offlcers of the Council to attend any meeting of the Council or the Cgmmittee at which any matter with which such officer is concerned in being discussed. When any ,officer is thus required to attend any such meeting, he may be called upon to make a statement or exelanation of facts or supply any information, but hall not be entitled to vote or to make any proposition at such meeting.

a i the con.struction and future maintenance joint work and any power which might be ed by<$ither or any of such bodies; and

afrP& ' nl3ia:- @k^{333 TSW~S}

104

acting as Councillor or as the President 0.r presiding authority of any meeting or as Chairman or member of a Comittee ap inted under 'f , this Regulation shall be deemed to v tiate any 11 ,act or proceedings of the Council or of any

y such Committee, as the case may be, in which w c h

1' person has taken part,. where ever the majority

of persons, parties to such act or proceedings, were

entitled to act.

E,

L ( 2 ) No rerolution crf a Council or of any such I , . Committee shall be deemed invalid on account of ar any irregularity in the service of notice upon ?V any Councillor or member, provided that the proceedings of the Council or Committee were not prejudicially affected by such irregularity.

* -

f 1 ( 3 ) Until the contrary is proved, every meeti;rg 1' ofr a Council or of a Comittee appointed under this a: Regwlation in respect of proceedings where of a e'. minute has been made and signed in accordance b! with this Regulation or the rules made thereunder, shall be deemed to have been duly convened and held and all the laembers of .the meeting shall be deemed br to have been duly qualified ; and where the pt! .. prweedings are the proceedings of a 1~ ,.Committee, such Comittee shall be deemed to have been duly constituted and to have had the power to deal with the matters referred to in the minute.., . .

y. ( 4 ) During any vacancy in a Council or Committee the continuing Counci&lors or members may act as if no vacancy had occurred.

1 .1 J

CuaPTBB VII

, , i t -

. ,

mnicipal Property, ~undml contricts and liabilities

. . _. - j'

; . , . 84. ~ - r ttO. aaquir; and hold Property.- ( A ) - ... Subject t a any . special reservation made or

. . . hc. any apecial conditions imposed by Govement,

- 1 property . of. the nature hereinafter in thin

. secbion ..specified,.,. (not being of private -.ownership) and situate within the limits of the municipal area. shall-vest in and be under the control of the Council, and with a11 .&her prgpertx which has already vested or may hereafter vest in the

105

xtr Council, shall be hetd and applied by it for the ra purposes of this ~egulation, that is to say,- -~:ahr:i bsfa.

:r:a 4 A ~ ~ l f . (a) all public town-walls, gates, markets. yeti xr. ~u slaughter-houses, manure and, night-soil d:::ie *>.r, depots and all public buildings o f every yJ if 32 %m description which have been constructed or

... .s x, ... . w . -c!r i i are maintained out of the municipal fund ;

(b) all public sewers arid drains. and .?s;rt: irra -- i all sewers, drafis culverts and watercourses,

.- ., : fawn%% in alongside or under any street, and all

. ? qQ k 5 > works materials and things appertaining

S i . . . - " ' ' thereto; constructed or mainteained out of ton 3%- : Municipal funds ;

., .. . . %&!'*% f * :. . .

(c) all dust, dirt dung, ashes, refuse, rZui 45%: .'&, animal, matter or filth, or rubbish of any i %ti?:-w kind and, 0s. unclaimed dead bodies of . .. : .*'lg.$ animals, collected by the Council froin the +nRFj,*:h;i,r streets, houses, privies, sewers, cess-pools ,lrs;iciijzt~4d.I' or elsewhere, or desposited in places fixed 'is6 $r?& I% by the Council in that behalf ' ;,

i , 9 ! ~ ~ $ f . ' wy ~.

-..is . s%+y. (d) all public lamps, lamp-posts and

.:. . , . I % . . apparatus. connected therewith or appertaining wsd. . :..I .I thereto. constructed:- or ' oaintaifiea - out of

. .

-0; Xb":aC< 3, Municipal. funds ; ) ; ; . . .. 2 , . .;

. . ~ .. ,~ (e) all lands buildings or other property :zsJ3.&-?2 7 transferred to. the Cciuncil by: the Central 3 : ..U f;s6 . Government . or the Government ' ar acquired

"?A .'G .- by gift, purchdse or otherwise .for local public purposes ^;

(f) all lands, building or other property pecified in clauses (a), (b) and (dl belonging to or constructed by the Central

. ..

. . Government. --or the Government and which may 6 i l : _ . ;L be tra'nsferred to the Council by thesaid . . Government ; and *%.A 2 . i J x .:t\iz . , .

(g) all public Streets, (excluding

- ,':$x*%~x,P national highways: . and. such. roads as may be

- &a:' specified by the Government in this behalf by l 3 ~ ; & ? 3 ~ 2 ~ ' order published in the Official Gazette) not &:~ :.,&.;:

SL.

I ..,P I being open - spaces or lands owned ,by Govern- njbtikly .2.ment and the pavements; stones and other 3 3.: 3%; materials thereof, and also all trees.

! OX.~:PC;:' t+,%3 erections, materials, implements and things itrri6w y * ? s provided for such streets.

3 : 6r.t .?ss~ i*fSba%sd yt;a yo ba3asv J k ~ * i

106

(2) The lands and buildings belonging .to Government and transferred to a Council under clause

(e) of sub-section (1) shall not, unless otherwise expressly provided in the instrument or order of transfer, belong by right of ownership to the Council, but shall vest in it sqbject to the terms and conditions of the transfer. On the breach of any of the said terms or conditions, the land or the building, as the case may be, with all things attached to such land or building including all fixtures and structures shall revest in Government and it shall be lawful for Government to resume possession thereof and make such orders as to its management or disposal, as it may deem fit, without payment of compensation.

65. Decision of claims to prope~ty by or against the Council.- (1) In any municipal area to which a survey of lands, other than lands ordinarily used for the purposes of agriculture only, has been or shall be extended under any law for the time being in force, where any property or any right in or over any property is claimed by or on behalf of the Council, or by any person as agaihst the Council, it shall be lawful for the Collector after inquiry of which due notice has been given, to pass an order deciding the claim.

(2) Any suit instituted in any civil court after the expiration of one year from the date of any order passed by the Collector under sub-sections

(1) or, if one or more appeals have been made against such order within the period of limitation, than from the date of any order passed by the final appellate authority ae determined according to law for the time being in force in the Union territory shall be dismissed (although limitation has not been set up as a defence) if the suit is brought to set aside such order if the relief claimed is inconsistent with such order, provided that the plaintiff has had due notice of such order. ( 3 ) (a) The powers conferred by this section on a Collector may also be excercised by Deputy Collectar ;

(b) the inquiry refferred to in this section shall be conducted in accordance with

107

the provisions relating to conduct of formal inquiry or inquiry contained in any relevant law for the time being in force in the Union territory.

86. Municipal fund.-- (1) All moneys received by or on behalf of a qouncil by virtue of this Regulation or any other law for the time being in force, all taxes, fines and penalties paid to or levied by it under this Regulation, other than fines unposed by any Court, all proceeds of land or .other property sold by the Council, and all rents accruing from its land or property, and all interest, profits and other money9 accruing by gift or transfer from the Government,or private individuals or otherwise, shall constitute the municipal fund, and shall be held and dealt with in a similar manner to the

"" . property specified in section 84 and section 93,

i ?

j - respectrvely:

, '", Provided that ---

(a) nothing in this section or in section 84 shall in any way affect any obligation, accepted by or imposed upon any .

Council by any declarations af trust executed by or on behalf of such Council or by any V1 of 199 scheme settled under the Charitable Endowments Act, 1891, for the administration of any trust, or by a trust of the nature specified in clause (b);

(b) a Council may, allbject to the condition that reasonable provision shall be made for the performance of all obligations imposed or that may be imposed on it by or under this Regulation or any other law for tbe time being in force, after crediting the necessary sums to the funds created under section 87, credit to a separate heading in the municipal accoupts any portion of the municipal fund received or set apart by it specially for much purposes as the Director in this behalf approves, and the Council shall apply sums so credited exclusively to the special purposes for which such muma were received or ret apart;

(c) (i) every Council which levies a tax on pilgrims resorting periodically to a

108

. .. . I

;:7+,: x i ' ' ...I$ - , > j?AG y+.q ( : ; .~ . . ,

;':.:I : ~ ? P : . ? L . ' shrine within its area shall, sbbject to the condition that reasonable provision shall be

. . made for the purposes specified in sub-clause

.. (ii), credit the proceeds of the said tax to .

a separate heading in the municipal account

'.' to be called the "Pilgrim Fund Account".

, &br2.; br. . . :.,7r (ii) the purposes for which provision shall be made by a Council before the

-..-l+.,s2~ i t proceed6 of the pilgrim tax are credited to .

the Pilgrim Fund Account shall be the fi1.l.i. \St following, namely, the payment to the I

Council of such percentage of the proceeds of ! . , < ? , ;,$g the said tax as may be determined from time !

,>il . ..:. ' , ( k!>8'fk . :

: to time by the Council withthe approval of I

the Director for --- I % ~ . . : 9 *V : :, 1 (A) making reasonable provision for / I .

1-I.,? >:j::-*~...< f j the performance of all obligations' ;ic' * . .rL,3.1 - . :. 4 imposed or which may be imposed.on it by

.I

3 ,at! z&~fL. *,,i:t or under this.Regulation or any other : . r : ; ~ , . rr:. . law for the time being in force; . % ** : 3n.s a :;?:) . , , - w

. .

. ~-.. : : 1 I . ( B ) such general duties of the 3,' fs IIsii* , '.3't council as are connected with the health t i . . .cap convenience - and safety of the said nr:r $man .?i: *.I*? pilgrims; and

,qo:.?:@,j* =iii -+.,pi ". . . I I : .~~a~xxa%q .,. - ( C ) the cost of collection o f the ^I

. , r .: a s i ~ ~ i r i ) .io said tax; . .

f tilo j : ' *.-- > i l ,'^{, ,}

(iii) the sums credited under* r.sub-clause

6 4 4 shall be devoted to such works aonducive

hnTrUmjffi LF;I i$8sthe health, convenience and safety. of the ni *I.;r&d -b9 - ? ,@ad pilgrirm,~ -=a -pay -~-:...-,. be approved - . . ~ by the EnaY ^~VYDirector' .:B g^dj I I+J ..(,:$Z10&3t3 :i0 ?+f.".t, . .,. -:...,ti ,.--, $$-*so:.& P;;, ( 2 ) The ~overkerit may tinder appropriation duly

I--Wde in this behalf. make such grants to every Council

e v e r year and subject to such terms and conditions

and in such manner as it deem fit for all or any of

-*'the following.puiposes, namely:-

t 16 jlo- . . . i . i , ., (a) Water suppl

! . c i bnu% 'l ^{, .} ' - -' r ..~

,:: :+:)x?? i$@, , (b) Drainage; " - . , . . .

(c) Primary and secondary 3 - . - ,..in= ,. ., - .A> f .< Po 133

i -LO yns- ~sfanld) Development . plan and town planning

. I;, ' * i r k schemes under any law for the time being in force in the Union territory.

(e) Dearness allowance to the officers and servants of the Council)

109

( f ) Pay and allowances to the officers belonging to the common cadre constituted under section 72 ; . + . . - - i, .^,r. > , . + ; 363

( g ) public health,;, - ? , &le.r.b

( h ) Fire b"rTgade $ - $ % : - cZ '

(i) Construction and maintenance of roads ;

(j) and such other amenities as the Govern- ment may frqm time to time'determine.

; *Abbl Such grants shall%tSi"6%edited to the municipal fund and applied for the purposes for which they are sanctioned,

ia4 87. Coast+kution of Salary Reserve Fund. -

-vP% Every Council shall build up a Salary Reserve Fund

5 7 within a period of three financial years. by 141 transferring annually on or before the 31st day of December a sum equal to the total of one month's salary and allowances of all the officers and

. servants of the Council, Neikher during the period

. r > of three years aforesaid nor thereafter, shall it be f , r i . competent for the Council to incure any expenditure from this fund, except with the previous sanction of the Director. The Director may give his sanction 4- if he is satisfied that the proposed

expenditure is for the payment of, salaries and allowances, and cannot be incurred from the unreserved funds of the Council. Such sanction sv shall further be subject to the condition that no expenditure from the municipal fund shall be incurred thereafter except for the purposes specified below in order of priority, till the salary Reserve Fund is fully recouped :-

q ?X L ~ . i t ~ .:LA 7.3% * -

. { . ~ 3 . ' ; : < > 2 ijtst9 ':

zaf-3i .$~t F ~ J ~ .Elif$(a recoupment of the4salary Reserve Fund' ,

C 8 % -. y : : :O fiEd

(b) payment of salaries and allowances. The Director shall ales prescribe the period and the monthly instalment by which the said fund shall be recouped, which period in no case shall exceed six months.

88. Provisions regarding transfer of municipal kg: property. - (1) No Council shall transfer any of its

-. , immovable property without the sanction of the Government.

i .=* , ' ..

I1 a-s % B J - > ~ ~ Z Z . > 04 ~ l f i ~ t r P & r j ; ~ r t ~ ~ f s f i 1 ~ ) - % ; l k ~ n u o 3 ~ i d t 3~ a--'nsdx3& '

110

I F F ,

% .-"

.-c i * ,' . i-6 a . . .- = .s.. ( 2 ) A Proposal of such transfer shall be \

:;sz.. accompanied by a resolution of the Council passed at ' i:,, a meeting by a majority of not less than two-thirds

3,:- of the total number of Councillors and ahall in no way be consistent with the rules made in this behalf by the Government.

-, ir

7 -

+ * ( 3 ) Notwikhetanding anything contained in

" subsection (11, a Council may lease its immovable property for a period not e x c e i n g three years, and flnx,:$ the lessee shall not be allowed to make any permanent Constructions on euch immovab 1 e

*, - \ : > property. Such lease may be renewed by the Council

. , beyond the period of three years with the permission of the Director, so however, that the total period " ' of any leaie shall not exceed seven years. No such lease or any renewal thereof aka11 be

granted unless supported by a resolution passed at a

meeting of the Council. T3+. Us14b :- .". ,s4=-.. *--

j 3 5 ~ ~ p 8 z - . ';I -;-,,A 35e

.. ,- 89. Provisions relating to contracts and tenders.-

(1) In the case- .. - >* d" 3-, ,

(a) of every contract which will involve expenditure not covered by a budget grant,

(b) of every contract the performance of which cannot be completed within the official year current at the date of the contract,

- the sanction of the Council by a resolution

"' pass@ at an ordinary meeting shall be necessary. f s '

f , c '. .

4 n ? &?2) (a) Every contract under or for any

6 5 purpose of this Regulation shall be made on behalf of P:: the m a council -- -. by the Chief Officer;

fi.' s ~ ; s u ~ @ 30 r -tar.* d.4 (b) No such contract which the Chief h~ J f r ~ q icer is not empowered by this fiegulation to harry out without the approval or sanction

:+,

of some other muncipal authority shall be made

: :-n i@y him until or unless such approve1 or

.: *r:r,>xe.$sanction has first of all been duly given ;

- 1 - , J 5.. T.ZL. XRPIIL - q w - v - J - ? $ S 7 F 1 c\i i-P-

+r* ' (3-3 ; 3 ; s 4 9 + ~ :mniqs ti I -7 $m f ~ ; ! q 2 .,a$' ~ f i ~ ~ r l ~ f ' p ~ i SC ~ ~ x J I - T : :

? n 5 ; &3 lo 9 x u ; ' e n ~ ; t - ;. - , 4 3 r , 9 ~ ~ ~ . 2 : i s g f 5 -1 f ia~d32

111

1531 (c) No contract which will involve an f r i . f _ i . J . . Teexpenditure exceeding Rs. 1586, shall be made jh ib .lRhp fjby the Chief Officer unless otherwise wb2idje,,s hauthorlsed in this behalf by the Council, i $except with the approval or sanction of the

3 1 sd*d a i SJ Council I -

[ 5 4 1 (d) Every contract made by the Chief

;? . : > .: '" Officer involving an expenditure exceeding 75 c ' , . . r j per cent of thi limit in clause (cf but not

* * . o r - IS exceeding that limit shall be reported by him * *

*Re. within fifteen days after the same has been

,* + 'made to the Council. .- ' A -

. 1 s > S-, - . (el The foregoing provisipns "of this I \ - r, "rn "gection shall apply to every variation or

. % . " discharge of a contract to the same extent as to an original contract.

e& ( 3 ) Every contract entered into 'by a Chief

Sr OEBiqer on bqhalf of a Council shall be-entered into - in such manner and form as would bind such Chief

- Officer if such contract were on his own behalf, and ,*a14&-.may in the like manner and form be varied or discharged:

Provided that ---

3p i +v;c e I f r*% :f $1:@@ "

~ t i g - j "-% ? 4 ~ b r d (a) wh=rP any such conqract, if entered in"io by a chief Officer, would require to be 30 % r i i:.? ?,"TG%%W& under seal, the same shall be sealed with the

Lstsi %To sCS A common seal of the C~uncil;~,,~~ i^s

i t: *%i $Rie:: . ' *&v -. ::,a . i " (b) every contract for the execution of Roi-*&4;.rjie.a z-vf; any work or for the supply or any material or goods which will involve an expenditure

3M cs %- -exceeding f ibe hundred rupees shall be in writing and shall be sealed with the common

-far s 5Q.'seal of the :Council and shall specify the

It.:, %;6&*d -%work to be done or the materiala or goods to be supplied, as the case may be, the price to *be paid for such work, materials or goods and in the ease of a contract for work, the time or times within which the same or specified portions thereof shall, be completed.

E'*>". *

- t . . : , - ( 4 ) The common seal of the Council shall not be - @-&xed to any contra~t or other instrument except in the presence of two members of the Standing

Committee who shall attach their signatures to the

contract or instrument in token that the same was

sealed in their presence. The signature of the said

I I .....................................................

I 5 3 1 Substituted v ide Anendrant, 1994 1511 Snbstituted v i d e Anendwnt, 1994 ....................................................

112

inembers shaii be distinct from the signatures of any witnesses to the execution of any such contract or instrument.

. ,

( 5 ) A contract not exkCuted in the manner provided in this section shall not be binding on the Council .

( 6 ) Except as is otherwise providea in sub- section 121, a Chief officer shall before 'entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding one thousand rupees give notice by advertisement in a local newspaper, inviting tenders for such contract:

Provided that at least clear seven days shall be allowed to elapse between the date of.the publication of the advertisement in the newspaper inviting tenders and the last date fixed for the receipt of tenders by the Chief Officer.

( 7 ) The Chief off ice& shall not be bound to accept any tender which may be made in pursuance of such natice, but may,.with the approval of the Council, accept any of the tenders so made which appears to him, upon a yiew of all the ciycumstances, to be the most advantageous or may reject all the tenders kubmitted to him,

' ( 8 ) A Council, after obtaining the approval of

the Collector, may authorise the Chief Officer, for reasons which shall be recorded in its prgceedings, to enter into a contract ,without inviting tenders as herein provided or Without accepting any tenders which he may receive aftei, having infited them.

( 9 ) A Chief Officer bhaill require' security* for the due performance of 'every contract into which *he enters under 'sub-secti~n (6) and may, in his discretion, require secprlgy for the due performance of any other contract info which he enters under this ' Regulation, '

9D. Bar' against officers, and, servants being interested in contract.-- (1) No Officer or servant of a Council shall, without the written permission of the Director, in any-wise be connected with or

113

interested in any bargain or contract made with the Council for any of the purposes of this Regulation.

(2) If any such officer or servant is so concerned or interested or, under colour of his office or employment, accepts any fee or reward whatsoever other than his proper salary or allowances, the appropriate authority may declare that he shall be incapable afterwards of holding or continuing in any office or employment under the Council.

( 3 ) Nothing in this section shall bar a prosecution under the next succeeding section.

91. Penalty to Councillors, officers and servants for improper interest in contracts, etc.--(I) If any Councillor, or any officer or servant of a Council, without the written permission of the Director, is directly or indlrectly interested in any contract made with such Council, he shall be deemed to have committed an offence under section 168 of XLVof^ld6I

the Indian Penal Code. ( 2 ) A Councillor or an officer or servant of a Council shall not, by reason only of being a shareholderin, or a member of any company, or co- operative society, be deemed to be interested in any contract entered into between the company or the society and the Council.

92. Liability of Councillors, officers and servants for loss, or damage.-- (1) If any Councillor or an officer or servant of a Council makes or directs to be made any payment or application of any money or other property belonging to or under the control of such Council to any purpose not authorised by or under this Regulation, or assents to, or concurs with or participates in any affirmative vote or proceeding relating thereto, he shall be individually liable to such Council for the loss or damage caused thereby, unless he proves that he acted in good faith and with due care and attention.

(2) Every Councillor or officer or servant of a Council shall be liable to such Council for the 'loss

114

-*.:*-+--. i;F of any 'moiiey' ot' Che lbsi of, or damages to, othe; property-" belonging to it or under its control, if such loss or damage is a ence of his

negligence or miscofiduct.

-.T - -

y . 3 ( 3 ) No suit shall be -instituted by a Council against any Councillor thereof under sub-section (1)

or sub-section ( 2 ) , ex revious eanction of the Gove

( 4 ) Notwithstanding anything contained in sub- section ( 3 1 , a suit under sub-section (1)

section ( 2 ) may be instit Y the Governme

( 5 ) No suit shall be instituted unde section after the expiration of six year= f r

date when the cause of action arose.

93. Application of municipal proper~y and funds ' within and without the municipal area. --- The municipal fund and all property vested in a Council shall be applied for the purposes of this Regulation within its area:

Provided thatdt shall be lawful for the Council tion of the Director or any officer duly him in this behalf.---

(a) to incur expenditure in the isition of land or in the construction, tenance, repair or purchase of works yond the limits of its area for the purpose f obtaining a supply of water required for the inhabitants of the municipal area or of providing the supply of electrical energy or gas for the use of the inhabitants of the municipal area or of establishing. slaughter- houses or places for the disposal of night- soil or sewage or carcasses of animals or for drainage works or for the purpose of providing mechanically propelled transport' facilities for the conveyance of the public or for the purpose of setting up of dairies or farms for the supply, distribution and processing of milk or milk products for the benefit of the inhabitants of the municipal

. ! I area, or for any other purpose calculated to se- 2%: .,

.: \,., , , -6 . $ 5 re; L & ; ~ I ~ & ~ O J ~ P t-ja14 ni * 7s: ; J^UC%LT 3 ~ r t - J g4L;T% . ; 369 3 0 , 3 1 1 9 3 "c,"-ag ovs 68%

115

promote the health, safety or convenience of the inhabitants of the municipal area; or

(b) to make a contribuCion towards expenditure incurred by any other local authority or out of any public funds for measures affecting the health, safety or convenience of the public and calculated to benefit directly the residents within the limits of the contributing council:

Provided further that nothing in this section or in any other proyision of this Regulation shall be deemed to make i't unlawful for a council when with such sanction as aforesaid it has constructed works beyond the limits of the municipal area for the supply of water or electrical energy or gas or for drainage as aforesaid --

(i) to supply or extend to or for the benefit of any persons or buildings or lands in any place whether such place is or is not within the limits of the municipal area, any quanity of water or electrical energy or gas not required for the purposes of this Regulation within the municipal' area, or the advantages afforded by the system off drainage works on such terms and conditions with regard to payment and to the continuance of such supply or advantages as shall be settled by agreement between the Council and such peraons or the occupiers or owners of such buildings or lands, or

(ii) to incur any expenditure, on such

'.> . terms with regard to payment as may be settled as aforesaid, fot the construction. maintenance, repairs, or alteration of any connection pipes or any electric or gas supply lines or other works necessary for the

, . purpose of such supply or for the extension ' of . . ~ , ,such advantages, or

(iii) ' to make contribution towards the, nstruction, establishment or maintenance of stitution referred to in clause (t) of sub- ction ( 3 ) of ,section 51, subject to the ndition that the total of such contributions in any financial year shall not exceed two per cent, of the general revenues

116

(excluding Government grants) of the Council for the pervious financial year:

Provided that such contribution may, with the prior approval of the Government, exceed two per cent, but not five per cent of such revenues.

94. Special provision regarding loan of fire fighting equipment, etc.--- It shall not be necessary for a Council to obtain aanction of the Director under the last preceding section, if the Council, in an emergency, decides to give on loan its fire fighting equipment, road-roller, bull-dozer or ambulance car to any other local authority in the District. The terms and conditions of the loan shall be su6h as the Council and the borrowing local authority may mutually agree.

95. kpomiting or investing of Surplus Funds of a Council.-- (1) It nhall be lawful for a Council to deposit with the State Bank of India or such other Bank as may hereafter be appointed to conduct the business of Government treasury or in any other scheduled bank or with the nanction of the Government in any co-operative bank in the Union territory any surplus funds in its hands which m y not be required for current charge., and to invest such funds in public securities in the name of the Council, and from time to time, to dispose of such securities as may be necessary.

( 2 ) All surplus funds over and above what may be required for current expenses, unlems deposited or invented as provided for in sub-section ( I ) , shall be deposited in the local Government treasury or such 'other place of security as may be approved by the Director.

96. Power of Council to compromise suits.--- Subject to rules made under this Regulation, a Council may compromise any suit instituted by or against it, or any claim or demand arising out of any contract entered'into by it in accordance with thin Regulation for such sum of money or other compensation as shall be deemed sufficient.

117

' ; : . rnb .C~ .~ .+ CHAPTER VIII : ,, A , : - .

rzq8i*cg 3%; 3 .?

Budget and Accounts

4 7 j'

. 97. Budget.-- (1) The Chief Officer shall each year on or before the 31st day of December prepare and place before the Standing Committee--- > -. . - + . ? ,

(i) a etatement shawing the income and expenditure of the Cowncil for the previous financial yea$: _^K .-_ - ---

s ; .+?a - f> k i d . ~ ~ z j . 2 d : . (ii 1'stateraent showing the indome and expenditure of the Counoil from the 1st day

of A~ril to the 31th day sf November of the

financial year then current and an estimate

of ,the income expenditure for the remaining

. portion of the current year; e- , -

? '

s . 3 * < , ~ tiii) an estimate of the income and - expenditure of the Council during the ensuing .Ik . . .

financial.year and an estimate of the closing

, . . . % * . balance in the municipal fund at the end of

. rr , the current year; I < . *... " * . -

4 S T Iv i 1 proposals for -any change in the taxes, fees or other charges to be levied for k r t k , , ,! the ensuing year. 1 P a.

q .

( 2 ) ,Such statements and estimates ,shall be prepared under suah heads of accounts and in such form a@ may be prescribed by Government. b,.t 1 ! -- ..

( 3) he Standing ~okaittee shall' consider the estimates and the proposals of the Chief Officer and submit them to the Council with such recommendations as it may deem fit to make, before the,3lst day of January : .n:* C ~ M W Y

r Y 51

provided td$: if ;he Standing Committee fails> to make it recommandations before the 31st day of; January, the President shall place the atatemente. and, estimates before the Council without the recommendations of the Standing Committee. ( 4 ) The Council ahall consider the estimates prepared by the Chief Officer ,and the recommendations 'of the Standing Committe, if any, and adopt the

118

budget estimates with or without modifications not, later than the last day of February:

Provided that when a Council is indebted to Government, the budget of the Council shall be adopted only with the previous sanction of the Director:

Provided further that nothing in the first proviso shall be deemed to prevent the Council during the first quarter of the financial year or till the budget is sanctioned, whichever is earlier, from paying from its municipal fund, cost of the sanctioned establishment and contingencies.

( 5 ) No budget shall be approved by the Council unless provision is made therein ---

(a) for the payment as they fall due of all sums and of all instalments of principal and interest for which the Council may be liable under this Regulation or any other law for the time being in force;

(b) for the payment of contributions to the special funds constituted under this Regulation such as the Salary Reserve Fund; (ci for the payment of salaries and allowances of the officers and servants of the Council;

(d) for a minimum cash balance at the end of the year (exclusive of the balance, if any, in any statutory fund) of such amount as may be prescribed by rules made by the Government.

( 6 ) The budget so sanctioned may be varied or altered .by the Council, from time to time, as circumstances may render desirable:

Provided that the Standing Committee or any other Committee appointed under this Regulation may within the budget so sanctioned, sanction reappropriations not exceeding such limits as may in respect of each class of Council be prescribed by rules, from one sub-head to another or from one minor head to another under the same major head and controlled by the same Committee. A statement of such reappropriations shall be submitted to the Council at its next meeting:

119

Provided further that no such reappropritation shall be done from the amounts earmarked towards the repayment of any loan and .interest thereon and towards coritributron to any fund or funds constituted under the provisions of this Act.

1 7 ) (a) Save in an.emergency, no sum shall be expended by or on behalf of any Council unless such sum is included in the budget for the time being in force.

(b) If any sum whiah is not so included in the budget, is expended in an emergency, the circumstances in which such sum was expended shall forthwith be reported by the President to the Council and the Director, with an explanation of the way in which. it is proposed to cover auch extra expenditure.

98. Municipal accounts.--- (1) Accounts of the . receipts and disbursement. of every council shall be kept in accordance with the rules contained in the

Municipal Account Code.prescribed by the Government

and shall be placed before the Council in the

prescribed manner.

( 2 ) After the end of each official year the

Chief Officer shall arrange to get,prepared, and if

so required by section 100 get audited by the

Municipal Auditor, the accounts of the Council for

the year and shall place them before the Council not

later than the 36th day of June of the following

year.

( 3 ) An abstract o f the annual accounts as passed

hy the Council showing the receipts and disbursements

of the municipl fund under each head of receipt and

disbursements,. the charges for establishment, the

balance, if any,.of the fund remaining unspent, and

such other, information as may be required .by the

Government shall -be forwarded,by the Council to. the

Director, not later than.fhe3lst day of July of the

next financial year.

yn& ,- " 6 > P . s . 7 3 . ~ & ~ 3 ~ h i U c ~ d 8 ~>'fl$' 1 D d + : . . L ,

. yG? ;inlr:iiepsX a i d 3 wbrro bsfnioqqb . . r . r . 3 %sit30 n i i f t q s ~ . ';L~rl?os>:>nw os . . ;sr$brrd . . i n i i c 3 i r ,

I p6m a5 sJrmlt ~ i r r ~ a pnibs:.~xs rcn a;i-i; :i.:xqss21

. : .r f,stii i.?s+?q sil,KPwr,o3- fr, assin (5369 :. .?::sr~s*si ' +5 is lm t::~u ; ~ r < ~ s l .79 . isl i jons o3 ,bssd-.due 9rr . z :;:J;:. .euir?r t!n6 6 K b d r d t ~ ias&n-'f- ell3 f l u x . Y . . a..' br; ,rr

' . . ;i;4r..~L:~Sa A .~+J:~, i imt; '> imb:; 4 f i ~ ' .. u;. ' : ' Y Jh.:-% -:z.l n.+ b3:tJintcfv~ 36 1i;j le ~noi.tc,.<.;*ir ,q:j~ifi : I;')!-TP.

. . . . dn : fttt.i." .+;->" C 1 * 3.. ;.:>fi,:I.''

120

99. Publication of aaounts.--- The quarterly and annual accounts, receipts and disbursements, and the budget when ean&ione&+ shall be open to inspection by any adult inhabitant in the municipal area. A t~ that effeg,t that a statem,ept of such accounts and the budget are so kept for inspection shall be published in the local newspapers.

< . ...< . . :,' .,:.* L

- .~~~,.,~~udit'.of -&ant?.--- ~b acc6Gl;ts of all

. . - municip~1; -Councils shall be-suhj&t to audit in, all respect@,: .,,in L-s.uch maryer as -.the Government may, , by rules prescribe.

; I . : . . : :.

. . . , . C i .. 1 ' I ! ::. , . j , , . _ G ~.

121

Municipal Taxation

(1) Imposition of compulsory and voluntary taxes.

191. Imposition of compulsory taxes.--- (1) Subject to any general or special orders which the Government may make in this behalf, a Council shall impose, for the purposes of this Regulation, the taxes listed below ^:-

("(a) a consolidated property tax on lands or buildings or both situtated within municipal area, based on their rateable value as determinedd in accordance with section Id@; v *

(b) a tax on professions, trades, calling and employments; , . - .

(c)a theaere tax; ( d l a tax on advertisements other than advertisements pfiliehed jn the newspapers:

Provided that the .maximum and minimum rates at which the taxes aforesaid shall be levied I . . . . . I and other matters relating to imposition, assessment, collection and exemptions thereof shall be such as may be prescribed by rules. ( 2 ) The consolidated tax on property shall include --- , , ..

(a)' a general tax;

$ '

. . , (b) a general water, tax; 2 . .:"

(c) a lighting tax; (dl a general sanitary tax;

-----------------------------------------------------

1551 Omitted vide Amendrent, 1991 .....................................................

122

.<192, Lose of income from tax due to exemption to

, -, be reimbursed by Government.--- If under any special

f.,,, or general order issued under sub-section (1) of the

-.*:, , last preceding section, the Government grants ,.,,,,exemption in respect of any class of property or persons from levy of the taxes specified in sub- sections (1) and ( 2 ) of that section, the Government

, m y under appropriation duly made by law in this

j, Flbehalf, annually reimburse to the Council concerned, an amount approximately equal to the loss that the Council thereby incurs. The decision of the Government regarding.---

(i) the mode of assessing the loss; and

(ii) the amount of loss incurred by each Council concerned each year shall ^{be f}i n a l , .L. - - - . - -

156 1 Section 103 Omitted. L. - < , P-J"' .. , ,

. . - - . 1 4 OtRer taxes which Council may impose. -- , :, Subject to any general or special orders which the Government may make in this behalf, a Council may impose, for the purposes of this Regulation, any of

- - the following taxes, namely:-

- < ..'; - >" "%', - . - br + ' - . (a) a tax on all vehicles

_ . 1 . :i ,,Cexcluding motor vehicles as

- g ::, Y . , , defined in the Motor Vehicles

. - - Act, 19391, boats or animals IV of 1939 used for riding, draught or

burden and kept for use within

39bjy.+ ^4. , C.,.. the municipai area, whether fa :,,,, they are actually kept withiri or outside such area;

- > _ - - _. - I _ I

(b) a toll on vehicles and animals used

---.. - -.- . -,.. as aforesaid, entering the municipal area but not liable to taxation under clause (a);

? - -,

' ^ (c)'a tax on dogs kept within the municipal area;

, %:

$ - - ( d l a special sanitary tax upon private latrines, premises or compounds cleansed by - B municipal agency, after notice given as hereinafter required;

(e) a drainage tax; I561 Onitted vide Anendlent, 1991

123

(£9 a special water tax for water upplied b y the Council in individual cases. rges for such supply being fixed in such e or modes as shall be beat suited to the ying circumstances of any class of cases of. any' individual case; "1 E:: ,- ,. . : > ( : .':. ...

(9.1 a tax on resorting eriodically to a shrine withiwthe limits of council ; * A!+..hb'~xG;?f~;? c i r i r b , -

I - L ; ~ : . n k ~ ~ ' 1 : 4 - * 1 ,. .: ::. '. . , '. .-,

(h) a speciaf -eilii&Sf io"iia1 tgxf 5511 ' Ci) & (j) omitted

Pfovided that no special sanitary tax in respect of private latrines, premises or compounds shall be levied, unless and until the Council has --

(i) made provision for the cleansing

' " * '*wJ~-~- TrYhereof :by manual labour, or for conducting

5,:i.t rt:idq. elor recetving the sewage thereof into i"0. L ::.A,.LsL..; municipal sewers, and,

. I S y.r* , ::r;, ? :.

(ii) issued either severally to the persons to be charged. or generally to the inhabitdnts bf the.municipal area or part thereof to be charged with such tax, one .,,,month's 'notice of the intention of the @?.?r'ff~ouncil to perform such cleansing and to levy such tax.#

115. Proced~re preliminary 4% imposing tax under section 1P4. --- A Council before imposing .any of hsr I511 0~itt.d vide Amenbent, 1994 ,

. .

fi'f -&---------------------------- ---i-------------

, , , . ~. < : . - -

124

the taxes referred to in section 184 shall observe the following preliminary procedure:?

1 (a) it shall, by,resoluti

1 I special meeting, select for the purpose one ?on iitjdror other of the taxes specified in that

"rd* 24%~ section and approve the bye-laws concerning

l o b : " x @ f f the tax selected, and such bye-laws ys5 fez. specify---

n2 xx&$

.f.U *' i; J a-->?oP 3 (1) the cla rsons or 51 p,PE%$yB, property or of both, which the Council

GdS B iirf - 9 proposes to make liable, and any .pz;rar exemptions which it proposes to make; noESzo-i -, -, 2 (ii) the amount or rate at which the

braxnf fi, 6 5 ~ 2 Council proposes to asses each such

sd3 2 , 2. A=: class;

, i R "$-i <:.- ;-fp,:

-ri,*i , r r ~ ~ i f u (iii) the mode recovering the tax

which it or instalmen

shall be payable;ⁱⁱ

* . . 7 - ,

(iv) all other matters which 't

. %

r s *. Government by rules made in this behalf

3 % + - . 5 A a may require to be specified tht=rei~;-.:-.

:$3?* . $m. j *a -. , s.;b*-3 z . e :s,&&- t

2. L -

A - Ib) when such a aesoPutiyr~ &9 passed, r":-- r: * ' -\*he Council shall take further .-*action to

a : .. obtain the previous sanction of the : ,Government to the bye-laws under section 387.

196. Discretionary t a x when sanctioned not to be abolised without previous sanction of Government.---

After the bye-laws in respect of any discretionary tax are sanctioned by the Government under &he last preceding section, such tax shall be brought into force on or after a date to be specified by the Government in its sanction. Such a tax shall not then t the previ tion of the

~Gover nmen

ication of bye-laws relating to

taxes, with notice.--- The bye-laws referred to in sections 105 and 186, as sanctioned and published in the Official Gazette by the Government, shall be republished by the Council in a local newspaper with a notice in the prescribed form.

he notice shall specify the date on w ye-laws shall coqe into force. Such da

125

however, not be less than thirty days from the date of publication of such notice:

Provided that ---

(a) a tax leviable by the year shall not come into force except on one of the following days, namely, the first day of April, the first day of July, the first day of October or the first day of January in 1 c . any year; and if it comes into force on any

! I : -do: day other than the first day of April, it <-. I. shall be leviable by the quarter till the s first day of April than next ensuing.

(b) If the levy of a tax, or a portion : * : ; & : P -r of a tax, has been sanctioned for a fixed period only, the levy shall. cease at the conclusion of that period, except so far as

: r regards recovery of arrears which may have

. 2 ' : . become due during that period.

:- .!:sf;,; l@8. Council may vary. rates of &ax within prescribed lihits. -- (11 Notwithstanding any rule, bye-law or resolution specifying the amount or rate at which a tax is leviable, a Council may, by a resolution passed. at a special mqeting, decide to increase or reduce the amount or rate at which such tax. is leviable and to that extent the Lye-laws already sanctioned by the Government shall be deemed :to have been suitably amended with effect from the date specified-in the notice referred to under sub- section (2):

Provided that----

(a) .such increase- or reduction shall be within the maximum and minihum limits fixed in respeetof such. tax under the rules; 4b) -such increaseor. reduction shall not exceed ten per centum of the amount dl rate at which such tax was leviable during the precediag-official year.

. ,

(2) When a.Counci1 has by a resolution decided to increase or reduce the amountor rate at which any tax is leviable, the Council shall publish in the municipal area the resolution together with notice specifying a date, which shall not be less than thirty days from the date of .publication cf such

126

notice, from which the amount or rate at which any tax is leviable shall be increased or reduced. The tax at the amount or rate so increased or reduced shall be leviable from the date specified in such notice.

(2h Assessment and liability to tax on buildings and lands.

109. Appointment of authorised Valuation Officer.-- (1) The Government may by notification in the Official Gazette,--- .

(a) appoint such officers including ;those of Public Works Department of the Government to be authorised Valuation Officers for the purposes of this Regulation; and

(b) define the municipal areas within which such officers shall exercise the powers conferred and perform the duties imposed upon them-by ox under this Regulation.

. . .

( 2 ) ~ a c h council shall every year pay to the G~vernment:..~such sum out of its revenue for the services rendered or to be rendered in that year <.by any authorised Valuation Officer or Officersfor its purposes, as the Government may,be general or special order -determine.

( 3 ) Til~l auch time as an authorised Valuation-

' Officer.. is appointed for any municipal area. the powers conferred and duties imposed by or under this. Regula,Cion qn .such pfficer. shall in that area .be exercised and performed- by the Standing -Conqnittee.

110. Rateable value how to be determined.--- (1) In order to,fix:the rateable value of any building or land assessable to a pr~perty tax, there -shall, be deducted 'from .the amount of rent for which such building or lan@,,might reasonably beexpectedto . let or for which :,.it is actually. let, from year. to year. whichever is greater, a sum equal to ten. per :..centurn of the said .annual, rent. .,..and the said deduction shall be in lieu of all allowances for repairsor on any other account whatever. ^,

. .

<, . .~...,

127

( 2 ) The value of any machinery contained or situated in or upon any building or land shall not be included in the rateable value of such building or land.

111. Preparation of assessment list.--- ( 1 ) When at tax on building or land or both is imposed, the Chief Officers shall cause an assessment list of all buildings or lands or lands and buildings in the municipal area to be prepared in the prescribed form.

( 2 ) For the purpose of preparing such assessment list, the Chief Officer or any person acting under his authority may inspect any building or land in the municipal area and on the xsquisitian of the Chief Officer, the owner or occupier of any such buidling or land shall, within such reasonable period as shall be specified in the requisition, be bound to furnish a true return to the best of his knowledge or belief and subscribe will his signature the name and place of abode of the owner or occupier or of both and the annual rent, if any, obtained and his estimate o f the value of such building or land.

112. Person primarily liable for a property tax how to be designated if his name cannot be ascertained.-- (1) When the name of the person primarily liable for the payment oE' a tax on buildings or lands or both in respect of any premises cannot be ascertained, it shall be sufficient to designate him in the assessment book, and in any notice which it may be necessary to serve upon the said person under this Regulation,

"the bolderw of such premises, without further description.

( 2 ) If, in any such case, any person in occupation of the premises shall refuse to give such information as may be requiaite for determining who is primarily liable as aforesaid, such person shall himself be liable, until such , information 4 s obtained, for all taxes on buildings or lands or both leviable on the premises of which he is in occupation.

113. Authorised Valuation Officer to check assessment.--- When the list of assessment has been completed by the chief Officer, he shall submit the

128

same to the authorised Valuation Officer appointed by the Go~ernrnen~ for the municipal area* The authorised Valuation Officer shall verify the assessment as done by the Chief Officer, if necessary by inspection of properities concerned, and return the list duly check and dorrected to the Chief Officer within a period of two montha.

114. Publication of notice of assessment list .--- When the list of assessment is returned by the authorised Valuation Officer under the last preceding section, the Chief Officer shall give public nafice thereof and of the place where the list or copy thereof may be inspected; and every person claiming to be either the owner or occupier of property included in the list, and any agent of 'such person, shall be at 1iberty.t~ inspect the list and to make extracts therefrom withoat charge.

115. Public notice of time fixed for lodging objections.-- (1) The Chief Officer shall, at the time of the publication of the assesement list under the last preceding section, give public notice of a date not less than thirty daye, after such publication, before which ob ject'ions to the valuation or assessment in such list shall be made; and in all cases in which any property is for the first time assessed or the assessment is increased, he shall also give notice thereof to the owner or occupier of the property if known, and if the owner or occupier of the property is not known, he shall affix the notice in a conspicuous position on the property. ( 2 ) Objections to the valuation and assessment on any property in such list shall, if'the owner or occupier of 'such property desires to make an objection,< be made by such owner or occupier or any

agent of such owner of occupier to the Chief Officer before the time fixed in the aforesaid public notice, by application in writing, ,stating the grounds on which the valuation or aeaeasmdnt is disputed; all applications so made shall be registered in a book to be kept by the chief Officer for the purpose.

116. Objection how to be dealt with. --- After the period given in the ,public notice referred to in

129

Section 114 expires the Chief Officer shall forward to the authorised Valuation Officer for the municipal area, the assessment list along with objections received. The authorised Valuation Officer shall investigate and dispose of the objections after allowing the objector an opportunity of being heard in person or by agent and cause the result thereof to be noted in the book kept under the last preceding section and cause any amendment necessary in accordance with such result to be made in the assessment list:

Provided that before any such amendment is made, the reasons therefor shall be recorded in the book aforesaid.

117. Authentication of list of assessment. --

(I) The list so finally made by the authorised Valuation Officer shall be authenticated by him under the seal of his office and his signature and he shall endorse a certificate thereon that no valid objection has been made to the valuation and assessment contained in the list, except in cases in which amendments have been made therein.

( 2 ) The list so authenticated shall be deposited in the municipal office, and shall there be open for inspection during office hours to all owners and occupiers of property entered therein or to the agents of such persons, and a notice that it is so open shall be forthwith published.

118. Authentic list how far conclusive.---

Subject to such alterations as may be made therein under the provisions of the next succeeding section and to the result of any appeal or revision made under section 164 or 166, the entries in the assessment list so authenticated and deposited and the entries, if any, inserted in the said list under the provisions of the next succeeding section shall be accepted as conclusive evidence---

(i) for the purposes of all municipal taxes, of the valuation, or annual rent, on the basis prescribed in section 110, of buildings or lands or both buildings and lands to which such entries respectively refer; and

130

lii) for the purposes of the tax for which.such assesgment list has been prepared of the amount of the tax leviable on such buildings or lands or both building6 and lands in any official year in which such

: a list is in force. L : ! 119. Amendment of assessment list. --- (1) The

; Chief Officer, in aonmultation with the authorised Valuation Officer, may at- any time alter the assessment list by inserting or altering an entry in respect of any property, such entry having. been

.. omitted from,or erroneously made in the assessment

; list through fraud, accident or mistake or in' respect

! of any byilding constructed, altered, added to or I . reconstructed in whole or in part, where such

1 construction, alteration, addition or reconstruction

I has been completed after the preparation of the

I <;:--assessment list, after giving notice to any person .!!-interested in the alteration of the list of a date,

1 not less than one month from the date of service of

I such notice, before whicli any objection to the

! I 3:. alteration should be made.

! ( 2 ) An objection made by any person interested in any such alteration, before the time fixed in such

I

notice, and in the raanner provjded by aectiog 115 shall be dealt with in all respect as if it were an application under the said section. ( 3 ) An entry or alteration made under this section shall nubject to the provisions of sections t, 164 and 166 have the same effect as if it had' been made in the case ,of a building constructed, altered,

c added to or reconatructed on,the day on which such pro v construction, alteration, addition or reconstruction was' completed or on the day on which the new ..:r.construction, alteration; addition or recontruction was first occupied, whichever first occurs, or in other cases, on the earliest day in the current .+-:.official year on which the circumstances j~stifyilig :;nii the entry or alteration existed; and the tax or the ,I-.;enhanced tax, as the came may be, shall be levied in ru?.such year in the proportion which the remainder of -ic the year after such day bears to the whole year. oii3

3 ; rd 128. ~ e a s s e a k n t to be done after every four i..:~years. -- The assesakent of every ptoperty $ 9 the *,: :j:il.f 3.:q f ;.: 1Ll'f9.!~ .;o7?-r..q ..:- ,,. 5 L . , .'C+B?.?

, : , , . : 1 F 6 ; ) 4 : ?. '3:: ' . d ! . '?,?!^.''<',.;:, - - ,mar ,*,- .fr,.. -, .-:.. *-,: ,:-, r&:3u!..Y.:

131

.: < municipal area shall as. far as possible be done not

t. -,- less than once in four years and once done shall re- . main in force for four years. Subject to rules made !.,:.,!

I.! ,>. ;: in this behalf, the Chief Officer may for the purpose

:: :,& of aseessment divide the municipal area into such suitable division as he deems fit or may undertake the work for the whole municipal area simultaneously. The publication of the authenticated assessment list shall be done not later than the 318t day of July of the official year to which the relates.

121. Primary renponsibility for property taxes on whom to reet. -- (1) Subject to the provisions of sub-section ( 2 ) . property taxes aasesaed upon any .premises shall be primarily leviable as follows, na- mely :-

. .' ,'.b] :

.Lp;.-. ..<; , 2> .: (a) if the premises are held immediately

, >. . ,. . . > . :$, from the Government or from the Council, '3,;. +_. ,, ; ,,, from the actual occupier thereof :

:.;i?.

Provided that property taxes ue in respect of buildings vesting in the Governmen 2 and occupied by servants of the Government or other persons on pay- ment of rent shall-be, leviable primarily from the Government ; . .. . , . ' . . : , . . , ... , . .. . n 3 ~ : s , a k ~ . - , " ~ , . :< . , .< . . ; . . ; I bd&

tb) if the pramises are not so heJd--

. . $ ti) from the lessor if the premises

. . . are let; ~. . . ,.. (ii) from the superior lesuor if the premises are sub-let;

I%'; , , . .. (iri) from. the person in whom the

, . . right, to let the premines vests if they are unlet;

~ .. ~ , . . . .., , (iv) from the parson in possession,

. . ' if the premisw are not let out to him.

. .

. ~~ ( 2 ) If any land has been let for any term exceeding, one year to tenant, and auch tenant has built upon the land, the property taxes assessed upon .

the said land and upbn thebuilding erected thereon shall be primarily leviable from the said tenant or ,

any person deriving title from the said tenant by the operation of law or by assignment or transfer but not by sub-lease or the legal repreeentative of the said tenant or person whether the premises be in the occupation of the said tenant or person or legal re- presentative or a sub-tenant.

132

122. When occnpiprs may be held liable for pay-:

m e t of property taxes. -- (1) If the sum due on account of any property tax remains unpaid after a bill for the same has been duly served upon the person primarily liable for the payment thereof and the said person be not the occupier for the time being of the premises in respect of which the tax is due, the Chief Officer may serve a bill for the amount upon the occupier of the said premises, or, if there are two or more oocupiere thereof, may serve a bill upon each of them for such portion of the sum due as bears to the whole amount due to the same ratio which the rent paid by such occupier bears to the aggregate amount of rent paid by them both or all in respect 9f the said premises.

( 2 ) If the occupier or any of the occupiers fails within thirty days from the service of any such blll to pay the amount therein claimed, the said amount may be recovered from him. ( 3 ) No arrear of a property tax shall be recovered from any occupier under this section which has remained due for m r e than one year, or which is due on acaount of any period for which the occupier was not in occupation of the premises on which the tax is assessed. 4

4 If any sum is paid by, or recovered from, an occupier under thie section, he shall be entitled to credit therefor in account with the person primarily liable for the payment of the same.

123. Partial m i n i o n in respect of property remaining unoccupied. - (1) Where any building or land the tax whereof is payable by the year, or in respect of which a special sanitary tax is payable by the year or by instalatnts, haa remained vacant and unproductive of rent throughout the year or portion of the year for which such t^nx in leviable, or throughout the period in respect of which any instalment is payable, the Council shall remit or re- fund not more than one-half of the amount of the tax or instalment of the tax, as the case may be:

Provided that no such remission or refund shall .be granted unlebs notice in writing of the fact of

133

the building or land being vacant and unproductive of rent has been given to the Chief Officer, and that no remission or refund shall take effect for any period previous to the day of the delivery of such notice. + ., . .. - .

(2) Where any - such building -or land a s aforesaid - -

.? , .;<> * : :J*?

4 ' 7 x . ~ s - , ~ m (a) has been vacant and unproductive of

?:r!s 3::: rent for any period of not less than ninety

~ ~ 6 a 3: consecutive days, or

93 H Y v 9 0 3

. . ~ (b!.: consists' of separate tenements - one or more of which has or. have been vacant and unproductive of rent for any such period. as aforesaid, or z.0 rc-;:;r-?ti. :..a:

;3> $,f?24r A. . . * ~ ~ . j > y ; ,,! $1 .:.$ :, (c whollp-br'in-great part. deraolished . or destroyed by fire,or otherwise deprived of value,

i . . . the Council may remit or.refund such portion, if any, of the tax or inatalment as it may think equi- table.

( 3 ) The burden of proving the facts entitling any person to claim relief under this section shall be upon him.

: ~.

, . ,. ..; ,-

124. When building. or land deemed to be produ- ctive of rent. -- For the purposes of clause (a) of sub-section (2) of the- last' preceding section, a building or land shaLl be deeqed to be productive of' rent., if let to.a tenant who has a continuing right of occupation thereof, whether it is actually occupied by such tenant or- not.:

. .

125. Parties to transfer of prbperty to give notice of transfer. -- 1 Whenever the title of . any peraon primarily liabJe for the payment of a tax on builaings or lands or both to or over such land or building or tjothis transferred, the peraon whose title is so transferred and the person to whom the same is transferred shail, withi,n three months after execution of the instrument of transfer or after its registration if it be registered, or after the transfer is effected if no instrument be .executed, give notice of such transfer in writing to the Chief Officer .

134

( 2 ) In the event of the death of any person primarily liable as aforesaid, the person to whom the title of the deceased shall be transferred as '

heir or otherwise shall give notice of such transfer to the Chief Officer within one year from the death of the deceased.

( 3 ) If the person liable to give the notice refered to in sub-section (1) or sub-section (2) fails to give such notlce, he shall. on conviction, be punished with fine which may extend to I fifty rupees.

126. Form of notice.- (1) The notice to be given under the last preceding section shall be in the form pf Schedule 11 or Schedule III, as the case nay be; and shall state clearly and correctly all the particulars required by the said form.

(2) On receipt of any such notice, the chief Officer may, if he thinks it necessary, require the production of the instrument of transfer, if any or a copy thereof obtained under section 57 of the Indian Registration Act, 1988. XMl of 19B

127. In absence of notice, liability to taxes to continue on original holder.- (1) Every person primarily liable fbr the payment of a tax on buildings or lands or both who transfers his title to or over such building or land or both without giving notice of such transfer to the chief Officer as aforeaaid shall, in addition to any other liability which he incurs through such neglet, continue to be liable for the payment of the said tax on the building or land or both until he gives such notice, or until the transfer shall have been recorded by the Council.

( 2 ) But nothing in this section shall be held to deninish the liability of the transferee for the said tax or to affect the prior claim of the Council on the said building and land conferred by section 157, for the recovery of the tax on the land or building or both.

128. Power to fix epecial rate in lieu of aapecial sanitary tax.- Where a Council has made provision for the cleansing of any factory, hotel or

135

:Yill club or any group of buildings ox lands used for any

** * * .. ~ one purpose and under one management, it may, instead of levying in respect thereof any special sanitary 1 - i ~ tax imposed unaer thiseChapter, fix a special rate a\*' and the dqtes ahd other conditions for periodical payments thereof; such rate, dates and condition8 shall be determined either -

I

(a) in accordance with the bye-laws for the time being in force: or :? 'x

.>= - -

(b) by written aggrement with the person whom would have been otherwise liable POP ghe t a x provided that in fixing the amoGnt of such rate proper regard ehall be had to the probable coee to the Council 02 the service ts be rendered, , : :'* , ' -.$. 1'1 -.? :

129. Recovery of auras claimed under , t h e Past two preceeding sections. - Every sum claimed by a Council as due under any of the provisions contained in section 128 shall be deemed to be an amount claimed on account of 'a tax and shall be recoverable in the same manner as an amount of a tax is recoverable under this Regulation. t

131, cduncil may sell suqlua water for use oatside manicipzil area. - A Council may contract with any person or department to supply for use beyond the.municipal area any' quantity of water belonging to it but not required by it, at such rates and on such conditions as it may Fhink Tit:

. % -

Provided thit such ' rate ahatill be in no case lower - khan t h e x'ate chargeable for water supplied for .similar purposes within the municipal area. ' ' + *".* *?h+x7q - * *,r ? .^.kt + " ; .I ."4 ". - - ,' '

[ 5 8 1 131 to 134 Omitted --*-------k------c--------*--------------d----------- I581 'O~itted vide Amendrent, 1991

-------------------------------------*---------------

136

135. Tables of tolls to he shown on demand. - A Council imposing any toll under this Regulation shall cause to be kept at each place where such toll is to be collected, a table showing the amounts leviable in all cases provided for in the bye-laws including the terms, if any, on which the liability to pay such tolls may be compounded by periodical payments; and it shall be the duty of every person authorised to demand payment of a toll, to show such table on the request of any person from whom such demand is made.

136. Pewer to seize vehicle or animal or goods for non-payment of octroi or toll and to diapore of seized property. --

: 5 9 : (I) In ths case of non-payment on dessnd :.I of any toll leviable by a Council, any person appointed to collect such [ . . . . I toll may seize [ . . . . I any .

vehicle or animal on which the toll is chargeable, or any part of the burden of such vehicle or animal which is of sufficient value to satisfy the demand, and may detain the same. He ahall thereupon give the person in possession of the vehicle, [ . . . . I or animal seized, a lint of the property together with a written notice in the form of Schedule ^VI. 1

I6D1 ( 2 ) When the expense of keeping the property seized together with the ,amount of the toll chargeable is likely to exceed its value, the person seizing such property m y inform the person in whose possession it was that it will be sold at once; and shall sell it or cause it to be sold accordingly unleaa the amount of toll demanded be forthwith paid.

.....................................................

I591 Omitted vide hnendmcnt, 1991 1611 Substituted vide inend~c~t, 1994 .....................................................

137

I611 ( 3 ) If at any time before a sale has begun, the f, - ..- ,.,person .from whoae possession the property has been

+ . f .,,:, ,,seized, tenders at the municipal office the amount G? .. \;of a11 expenses incurred and of the toll [ . . . . I

,r - - ;,.j-fi,-, payable, the Chief Officer shall forthwith deliver to

*cL,S k:*r him the property seized.

...*..a YIPT - .

I 6 2 1 i': a f - 4 If no such tender is made, the property

; + a j seized may be sold, and the proceeds of such sale Y l a j no shall ,be applied in payment of such toll, [ . . . . I and - ' " L . t 7 b %the expenses incidental to the seizure, detention and sale.

x .

2,. zP&C4$ L: ( 5 1 The surplug, if any, af the sale-proceeds shall be crpdited to the municipal fund, and may, on

. application made to the Chief Officer in writing

- ' 'within three years next after the male, be paid to

) -, * , \:;<* - 0 ; the parson in whose possession the properky was when - ,., - - - , 4 6 seized, and if no such application is made, shall be

: t .;A* the property of the Council.

: ;f ,o..*:

. [ 6 3 l * d * -c:t- ~ectio'na 137 and 138 omitted.

' & 6 r

j-, , -------------------------------------.-------------------

I

[611 a (621 C 1631 Omitted vide"hendment, 1391 ........................................................

138

139. Farming of-tools.-- (1) Itshall be lawful -;.:?;ot . 3 .for a Council to lease by public aubtion the levy of ~~6~ r - > J any toll that may be imposed under this Regulation : %

tL1.7 .:*-:to s Provided that the lessee shall give security for X< - >-

. , - 1 - r r ; . , . ' ' 2 : ,. ., .I 141. Assesment not invalid for defect of form>- No assessment and nocharge-or demand of any tax made under the authority of this Regulation shall be invalid by reason ofany clerical error or other defect of,form and'whep any property is described for the purpose Sf asaeaing any such tax, it shall be sufficient to descrlbe it so that it shall be 'generally known, and it shall.'not be necessary to name theowner or oceupier thereof.