MADHYA PRADESH MUNICIPAL CORPORATION ACT, 1956

Madhya Pradesh Municipal Corporation Act, 1956 1 | P a g e MADHYA PRADESH MUNICIPAL CORPORATION ACT, 1956 PART - I Chapter -I PRELIMINARY 1. Short title, extent and commencement.- (1) This Act may be called the Madhya Pradesh Municipal Corporation Act, 1956. (2) It extends to the whole of Madhya Pradesh. (3) It shall apply to the larger urban areas with effect from the date on which they are notified as such under section 7.‖ 2. Repeal of enactment. (1) On the application of this Act to any city, the Municipality if that city shall, save as hereinafter provided, be deemed to have been withdrawn from the operation of the Municipal Law. Provided that on the application of this Act to any city under sub-section (3) of section 1, the authority or any institution if performing the Municipal functions shall cease to perform such function and all assets and liabilities of such authority or institution shall vest in the Municipal Corporation constituted under this Act. (2) This withdrawal shall not revive any office, authority or thing abolished by the Municipal Law or affect the validity of anything done or suffered, or any right, title obligation or liability accrued, before the application of this Act. (3) Nothing herein contained shall deprive any person of any right to property, or other private right, except as hereinafter provided. 3. Transfer of liabilities.- On the application of this Act to any city under sub-section (3) of section1- (1) All debts and obligations incurred, all contracts entered into with, and all matters and things engaged to be done by, or for, the Municipality of such city before this Act is made applicable shall be deemed to have been incurred, entered into with or engaged to be done by, or for, the Corporation as constituted under this Act. (2) Every appointment, rule, byelaw, form notification, notice tax scheme, order, licence or permission made, issued, imposed, sanctioned or given under the Municipal Law, shall so far as it relates to the Municipality of such city and so far as it is in force at the time of the application of, and is not inconsistent with , this Act, be deemed to have been made, issued, imposed, sanctioned or given under the provisions of this Act, and shall unless previously altered, modified, cancelled, suspended, surrendered or withdrawn, as the case may be issued, imposed, sanctioned or given. (3) All rates, taxes and sums of money due to the Municipalities of such city when this Act is made applicable shall be deemed to be due to the Corporation. (4) All suits or other legal proceedings, civil or criminal, instituted by or against the Municipality of such city may be continued by or against the Corporation. Madhya Pradesh Municipal Corporation Act, 1956 2 | P a g e Explanation.- For removal of doubt it is hereby declared that any rules or byelaws made or anything done under the Municipal law shall not be deemed to be inconsistent with the provisions of this Act merely on the ground that the authority which framed the rules or byelaws or the procedure followed in making such rules or byelaws or doing such thing was different from that prescribed under this Act. 4. Provisional appointment of Commissioner The Government may, by notification, appoint a person to exercise, perform or discharge the powers, duties and functions which are conferred or imposed by or under this Act on the Commissioner until that officer is appointed under section 54. 5. Definitions. In this Act, unless there is anything repugnant in the subject or context,- (1) ―Administrator‖ means a person or committee of persons appointed by the Government under this Act to exercise the powers and perform the duties of the Corporation. (4) ―backery‖ means any place in which bread or confectionery including biscuits is backed, cooked or prepared in any manner whatsoever for he purposes of profit or sale; (5) ―brothel‖ means any house, room or place, or any part thereof, occupied or let or intended to be occupied or let as a single tenement which is habitually used by one or more than one woman for the purpose of prostitution; (7) ―building‖ includes a house, outhouse, stable, shed, hut and other enclosure or structure whether, of masonary, bricks, wood, mud, metal or any other material whatever, whether used as a human dwelling or otherwise, and also includes verandahs, fixed platforms, plinths, doorsteps, walls including compound walls, and fencing and the like but does not include a tent or a temporary shed erected on ceremonial or festive occasions; (8) ―building line‖ means a line beyond which the outer face or any part of an external wall of a building should not project in the direction of any street existing or proposed; (9) ―cesspool‖ includes a settlement tank or other tank for the reception and disposal of foul matter from building; (11) ―commissioner‖ means the Municipal Commissioner for the Municipal Corporation appointed under section ---- and includes any municipal officer empowered under this Act to exercise, perform or discharge any of the powers, duties or functions of the Commissioner to the extent to which such officer is so empowered; (12) ―closet accommodation‖ means a receptacle for human excreta, together with the structure comprising such receptacle and the fittings and apparatus connected there with; (13) ―corporation‖ means the municipality of a larger urban area; (14) ―councilor ― means any person who is legally a member of the Corporation. (15) ―dairy‖ includes any farm, cattle-shed, m ilk store, milk shop, or other place from which milk is supplied for sale or in which milk is kept for the purpose of sale or manufactured into butter, ghee, cheese, curds or dried or condensed milk for sale, and in the case of a dairy-man who does not occupy any place for the sale of milk but does not include a shop or othe4r place in which milk is sold for consumption on the premises only; (16) ―dairy man‖ includes the keeper of a cow, buffalo, goat, ass or other animal, the milk of which is offered or intended to be offered for sale for human consumption and any purveyor of milk and any occupier of a dairy; Madhya Pradesh Municipal Corporation Act, 1956 3 | P a g e (17) ―dairy produce‖ includes milk, butter, ghee, curd, buttermilk, cheese and every product of milk; (18) ―dangerous disease‖ means cholera, plague, smallpox, tuberculosis, cerebrospinal meningitis and diphtheria, leprosy, other than lecuoderma, and any other disease which the Municipality may, by public notice declare to be a dangerous disease for the purposes of this Act; (18-b) ―district‖ means a district as constructed in the Madhya Pradesh Land Revenue Code, 1959. (20) ―drain‖ includes a sewer, tunnel, pipe ditch, gutter or channel, and any cistern flush, tank, septic tank, or other device for carrying off or treating sewage offensive matter, polluted mater, sullage, waste water, rainwater or sub-soil water and any culvert, ventilation, shaft or pipe or other appliance or fitting connected therewith, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place; (21) ―drug‖ means any substance used as medicine or in the composition or preparation of medicines whether for internal or external use; (22) ―eating house‖ any premises to which the public are admitted and where any kind of food is prepared or supplied for consumption on the premises for the profit or gain of person owing or having an interest in or managing such premises; (23) ―erection or re-erection‖ of building means and includes- (a) newly to erect a building on any site whether previously built upon or not; (b) any material alteration or enlargement of any building; (c) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation; (d) conversion into more than one dwelling house a building originally constructed as one dwelling house only; (e) the conversion by structural alteration of one or more places of human habitation or tenements into a greater or lesser number of such places or tenements; (f) any structural alteration in a building so as to affect its drainage or sanitary arrangements or its stability; (g) the addition of any rooms, buildings, out-houses, or other structure to a building; (h) the construction of the whole or any part of the external walls of a building or the renewal of the posts of wooden building; (i) conversion by a structural alteration two or more tenements in a building into a greater or lesser number; (j) any building of which more than one half of the cubical contents of the building above the level of the plinth have been pulled down, burnt or destroyed; (24) ―essential service‖ means the service in connection with the municipal fire-brigade, the municipal air compressor, the pumping stations, drainage, conservancy or water supply of the city and any such other service as may be notified by the government and then essential officer or servant means every person employed in the essential service. (25) ―factory‖ has the meaning assigned to it under the Factories Act, 1948; (26) ―filth‖ includes sewage, night soil and all offensive matter; (27) ―food‖ means any article used as food or drink for human consumption other than drugs and water and includes- (a) any article which ordinarily enters into or is used in the composition or preparation of human food; or Madhya Pradesh Municipal Corporation Act, 1956 4 | P a g e (b) any flavouring or colouring matter; spices or condiments, (29) ―hut‖ means any building which is constructed principally of wood, mud leaves, grass, cloth or thatch and includes any temporary structure of whatever size or any small building of whatever material made which the corporation may declare to be a hut for the purpose of this Act; (29-a) ―Industrial Township‖ means and Industrial Township specified under section 7. (30) ―keeper‖ means the person in charge of a lodging house, and may include the owner for the purposes of any rules or byelaws made under this Act; (32) ―land‖ includes benefit arising out of land, houses and things attached to the earth, or permanently fastened to any thing attached to the earth and also land which is being built upon or is built upon or covered with water; (56) ―licensed plumber‖ means respectively person licensed by the Municipality as a plumber under this Act; (i) ―licensed surveyor‖ means respectively person licensed by the Municipality as a surveyor under this Act; (ii) ―licensed architect‖ means respectively person licensed by the Municipality as a architect under this Act; (33) ―lodging house‖ means a building or part of a building where lodging with or without a board or other services is provided for a monetary consideration and includes a collection of buildings or a building or a part of a building used for the accommodation of pilgrims and travels whether on payment or otherwise; (34) ―market‖ or ―Bazar‖ means- (a) a place where person assemble for the sale of meat, fish, fruit, vegetables, live-stock or any other article of food of a perishable nature, whether or not there is any collection of shops, or ware-houses or stalls for the sale of other articles in such place; or (b) any place of trade other than a place referred in sub-clause (a) where there is a collection of shops or warehouses or stalls; and shall include any ―hat‖ or place where trade or business is carried on either weekly or bi- weekly or on certain fixed days of the week; (34-a) ―municipal area means the territorial area of a Municipality as is notified by the Governor under section-------- (35) ―municipal drain‖ means a drain vested in the Municipality; (35-a) ―municipal law‖ means a law for the time being in force for the organization and administration of municipalities; (36) ―municipal market‖ means a market vested in or managed by the Municipality; (37) ―municipal slaughter house‖ means a slaughter house vested in or managed by the Municipality; (38) ―municipal tax‖ means any tax levied by the Municipality under the provisions of this Act; (39) ―municipal water works‖ means a water work vested in or managed by the Municipality; (39-a) ―nazul land‖ means nazul lands within the city for the management, and disposal of which special rules have been made by the Government. (40) ―nuisance‖ includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell, or hearing or disturbance to rest or sleep of the community or which is or may be dangerous to life or injurious to the health or property or offends against public morality; Madhya Pradesh Municipal Corporation Act, 1956 5 | P a g e (41) ―occupier‖ means any person in actual possession of any land or building and includes an owner in actual possession, and a tenant or licensee, whether such tenant or licensee is liable to pay rent or not; (42) ―offensive matter‖ includes animal carcasses, dung, dirt, putrid and purifying substances, and filth of any kind but does not include sewage; (43) ―owner‖ when used with reference to any land or building includes the person for the time being receiving the rent of the land or building or of any part of the land or building whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose, or as a receiver, who would receive such rent if the land, building or part there of were let to a tenant, or a manager or mortgagee in possession; (43-a) ―population‖ means the population as ascertained at the preceding census of which the relevant figures have been published; (45) ―private street‖ means a street which is not a public street; (46)―public analyst ― means any person appointed by the Corporation to perform the duties and to exercise the powers of a public analyst prescribed by byelaws under this Act; (47) ―public place‖ means a space, not being private property, which is open to the use or enjoyment of the public, whether such space is vested in the Corporation or not; (48) ―public securities‖ means- (a) securities of the Centre or any State Government; (b) securities, stock, debentures, or shares the interest where on has been guaranteed by the Central or State Government; (c) debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by any enactment for the time being in force in any part of the Republic of India; (d) securities expressly authorized by any order which the State Government make in this behalf; (49) ―public street‖ means any street- (a) over which the public have a sight of way; or (b) which have been heretofore leveled, paved, metalled, asphalted, channeled, sewered or repaired out of municipal or other public funds; or (c) which under the provisions of the Act becomes a public street, and includes- (i) the roadway over any public bridge or causeway; (ii) the footway attached to any such street; (iii) public bridge or causeway, and the drains attached to any such street, public bridge or causeway; (50) ―registered trade union‖ means a trade union registered under the Indian Trade Union Act, 1926; (51) ―reside‖ a person shall be deemed to reside in any dwelling house or hut which or some portion of which, he sometimes, although not uninterruptedly, uses as a sleeping apartment; and (b) a person shall not be deemed to cease to reside in any such dwelling house or hut, merely because he is absent, from it or has elsewhere another dwelling house or hut in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it; (52) ―rubbish‖ includes dust ashes, broken bricks, mortar, broken glass garden or stable refuse or refuse of any kind which is not ―offensive matter‖ or ―sewage‖ as defined in this section; (53) ―sewage‖ means night soil, and other contents of water closets, latrines, privies, urinals, cesspools, or drains and polluted water from sinks, bathrooms, stables, cattle sheds, and other like places, and includes, trade effluents and discharges from manufactories of all kinds; Madhya Pradesh Municipal Corporation Act, 1956 6 | P a g e (54) ―sewage connection‖ includes any drain connecting any water closet, latrine, privy, urinal, bathroom, sink, sullage tray, manhole or trap with any drain for sewage and other offensive matter; (54-a) ―social audit‖ means the review of the impact of policies, programmes, schemes and procedures adopted or implements by any municipal authority, by a group or groups of persons residing within the municipal area; (54-b) ―State Election Commission‖ means the State Election Commission constituted under Article 243-K of the Constitution; (55) ―street‖ means any road, foot-way, square, court alley or passage, accessible, whether permanently or temporarily to the public, whether a through fare or not; and shall not include every vacant space, notwithstanding that it may be private property and partly or wholly obstructed by any gate, post chain or other barrier, if houses, shops or other buildings abut thereon, and if it is used by any persons as means of access to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not; but shall not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid; and shall include also the drains on either side and the land whether covered or not by any pavement, verandah or other erection, which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property be private property or property reserved by Government or by the Corporation for any purpose other than a street; (56) ―street line‖ means a line dividing the land comprised in and forming part of a street from the adjoining land; (56-a) ―tax‖ includes any toll, cess, fee or other import levied or leviable under this Act; (57) ―traffic sign‖ include, all signals, warning sign posts, direction posts, sign or other devices, erected by any person or authority authorized by law to do so for the information, guidance or direction of person using roads or of wheeled and other traffic; (58) ―vehicle‖ includes a bicycle, tricycle, motor car and every wheeled conveyance which is used capable of being used on a public street; (59) ―water closet‖ means a closet accommodation used or adopted or intended to be used in connection with the municipal water works and comprising provisions for flushing of the receptacle by means of a water supply and having connection with a sewer; (60) ―water connection‖ includes- (a) any tank cistern, hydrant, stand pipe, meter or tap situated on private property and connected with a water-main or pipe belonging to the Municipality; (b) the water pipe connecting such tanks, cistern, hydrant, stand pipe, meter or tape with such water-main or pipe; (61) ―water for domestic purposes‖ shall not include water for cattle, or for horses, or for washing vehicles where the cattle, horses or vehicles are kept for sale or hire or by a common carrier and shall not include water for any trade, manufacture or business, or for building purposes, or for watering, gardens, or for fountains, or for any ornamental purposes; (62) ―water work‖ includes a lake stream, spring, well, pump, reservoir, cistern, tank duct whether covered or open sluice, main pipe, culvert, engine, water truck, hydrant, stand pipe, condint, and machinery, land, building or thing for supplying water or for protecting sources of water supply; (63) ―workshop‖ means any building, place or premises or any part thereof, not being a factory, to or over which the employer of the persons working there in has the right of access or control, Madhya Pradesh Municipal Corporation Act, 1956 7 | P a g e and in which or within the compound or precincts of which any manual labour is employed or utilized in aid of or incidental to any process for the following purposes:- (i) the making of any article or part there of; or (ii) the altering repairing, ornamenting or finishing of any article; or (iii) the adopting for sale of any article. Madhya Pradesh Municipal Corporation Act, 1956 8 | P a g e PART -II- CONSTITUTION AND GOVERNMENT CHAPTER II- THE MUNICIPAL AUTHORITY 6. Municipal authorities charged with the execution of this Act- The Municipal authorities charged with carrying out the provision of this Act shall be --- (a) The Corporation (b) The Mayor-in-Council (c) The Mayor (d) The Commissioner. 7. Constitution of Municipal Corporation.- (1) There shall be constituted a Municipal Corporation for a larger Urban area in accordance with the provisions of this Act: Provided that a Corporation under this section may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment or a group of such establishments in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township. (2) In this section ‗a larger urban area‘ means such area as the Governor may having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purpose of this Act. (3) The Corporation shall be a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued. 8. Power of Corporation to acquire and hold movable and immovable property.- The Corporation shall have power to acquire and hold property, both movable and immovable, within or without the limits of the city and, subject to the provisions of this Act and the rules and byelaws made there under, to transfer any property held by itself and to contract and to do all other things necessary for the purpose of this Act. 9. Composition of Municipal Corporation.-- (1) A municipal corporation shall consist of:- (a) a Mayor that is chairperson elected by direct election from the Municipal area; (b) Councillors elected by direct election from the wards; (c) not more than six persons having special knowledge or experience in the municipal administration, nominated by the State Government: Provided that only a person residing within the municipal area and being otherwise not ineligible for election as a councilor, may be nominated. (d) Members of the House of the people and the Members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the municipal area; (e) Members of the Council of State registered as electors within the Municipal area; Madhya Pradesh Municipal Corporation Act, 1956 9 | P a g e Provided that a member of the House of the people and a member of the State Legislative Assembly as mentioned in clause (d) or a member of council of States, as mentioned in clause (e) may nominate his representative, who possesses such qualifications as may be prescribed in this behalf to attend the meeting of the Corporation. (2) The persons nominated under clause (c) of sub-section (1) shall hold office during the pleasure of the State Government. (3) Persons referred to in sub-section (1) shall be deemed to be councilors for all purposes of this Act but the persons referred to in clause ©, (d) and (e) of sub-section (1) shall not have the right to vote in the meeting of the Corporation. (4) If any municipal area fails to elect a Mayor or any ward fails to elect a Councillor, fresh election proceedings shall be commenced for such municipal area or ward, as the case may be, within six months to fill the seat, and until the seat is filled it shall be treated as casual vacancy: Provided that proceedings of election of Speaker, or any of the Committee under the Act shall not be stayed, pending the election of such seat. 10. Determination of number and extent of wards and conduct of elections.- (1) The State Government shall from time to time, by notification in the official gazette, determine the number and extent of wards to be constituted in each Municipal area: Provided that the total number of wards shall not be more than seventy and not less than forty in any municipal area. (2) Only one councilor shall be elected from each ward. (3) The formation of the wards shall be made in such a way that the population of each of the wards shall so far as practicable, be the same throughout the city and the area included in the ward is compact. (4) As soon as the formation of wards a municipal area is completed, the same shall be reported by the State Government to the State Election Commission. (5) Omitted (6) Omitted 11. Reservation of seats.- (1) Out of the total number of wards determined under sub-section (1) of section 10 such number of seats shall be reserved for Scheduled Tribes in every Municipal Corporation as bears, as nearly as may be the same proportion to the total number of seats to be filled by direct election in the Municipal Corporation as the population of the Scheduled Castes or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such wards shall be those inn which the percentage of population of the Scheduled Castes or the Scheduled Tribes, as the case may be, is most concentrated. (2) As nearly as possible twenty five percent of the total number of wards shall be reserved for other backward classes in such Municipal Corporation, where fifty percent or less seats are reserved for Scheduled Castes and Scheduled Tribes, and such seats shall be allotted by rotation to different wards in such manner as may be prescribed. Provided that if from any ward so reserved nomination paper is filed for election, as a Councillor, b y any member of the backward classes, then the Collector shall be competent to declare it as unreserved. Madhya Pradesh Municipal Corporation Act, 1956 10 | P a g e (3) Not less than one-third of the total number of seats reserved under sub-section (1) and (2), shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or other backward classes, as the case may be. (4) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and other backward classes), of the total number of seats to be filled by direct election in every Municipal Corporation shall be reserved for women and such seats, shall be allotted by rotation to different wards in a Municipal Corporation in such manner as may be prescribed. (5) The reservation of seats under sub-sections (1), (2) and (3) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India. Explanation: In this section ‗other backward classes‘ means category of persons belonging to backward classes as notified by the State Government. 11.A Reservation of the office of the Mayor.- (1) Out of the total number of offices of Mayors of Corporations in the State, such number of offices of Mayors shall be reserved for scheduled Caste and Scheduled Tribes, as shall bear the same proportion, as nearly as possible as the population of each of these categories within the limits of all the Municipal Corporations in the State bears to the total population within such limits. (2) As nearly as possible, twenty five percent of the total number of offices of Mayors shall be reserved for Other Backward classes. (3) As nearly as possible one-third of the total number of offices of Mayor reserved under sub- sections (1) and (2) shall be reserved for women belonging to the Scheduled Castes, Scheduled Tribes or Other backward Classes, as the case may be. (4) As nearly as possible one-third (including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes or Other Backward Classes) of the total number of offices shall be reserved for women. (5) The aforesaid reservation shall be made in such manner as may be prescribed. (6) The reservation of offices of Mayors under sub-sections (1), (2), and (3) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India. Explanation: In this section and in Section 11 the expression ‗Scheduled Castes, Scheduled Tribes and Other Backward Classes shall have the same meaning as assigned to them in the Madhya Pradesh Lok Seva (Anussuchit Jatiyon, Ansuchit Janjatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No.21 of 1994). 12. Qualification of voters and their registration.- Subject to the provisions of Section 13 and 14 every person who-(a) is not less than eighteen years of age on the 1 st January of the year in which the electoral roll for a ward is prepared or revised; (b) is ordinarily resident in the ward within the meaning of Section 20 of the Representation of the People, Act, 1950 (No.43 of 1950), subject to modification that reference to ―Constituency‖ therein were a reference to ―area comprised in the ward‖, and (c) is otherwise qualified to be registered in the Assembly roll relatable to the ward; shall be entitled to be registered in then electoral roll of that ward: Madhya Pradesh Municipal Corporation Act, 1956 11 | P a g e Provided that- (i) no person shall be entitled to be registered in the electoral roll more than one ward in the same city; (ii) no person shall be entitled to be registered in the electoral roll for any ward more than once. 13. Disqualification of voters.- (1) A person shall be disqualified for registration in the electoral roll if he- (a) is not citizen of India; or (b) is of unsound mind and stands so declared by a competent court; or (c) is convicted of an offence under the Protection of Civil Rights Act, 1955 (No. 22 of 1955), unless a period of five years or such lesser period as the State Government may allow in any particular case, has elapsed since his conviction; or (d) is for the time being disqualification from voting under the provision of any law relating to corrupt practices and other offences in connection with election. (1-a) The name of any person who become so disqualified after registration shall forthwith be struck off the electoral roll in which it is included: Provided that the3 name of any person struck off the electoral roll by reason of a disqualification under clause (d) of sub-section (1) shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force removed under any law authorizing such removal. ―(2) If the State Election Commission or an Authority appointed by it, on an application made to it or on its own motion, is satisfied after such enquiry as it thinks fit that any entry in the electoral roll of the Corporation- (a) is erroneous or defective in any particulars; (b) should be transposed to another place in the roll ; or (c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the ward or is otherwise not entitled to be registered in that roll; it shall amend , transpose or delete the entry: Provided that before taking any action on the ground that the person concerned has ceased to be ordinarily resident, in the ward or that he is otherwise not entitled to be registered in the electoral roll of that ward, the State Election Commission or the authority, as the case may be, shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. Explanation.- The expression ‗ordinarily resident‘ shall have the same meaning as is assigned to it in clause (b) of Section 12. 14. Preparation of Electoral rolls and conduct of Elections.- (1) The Superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections of Councillors and Mayors of the Municipal Corporation shall be vested in the State Election Commission. (2) The State Government shall, in consultation with the State Election Commissions, make rules for the preparation of electoral rolls and conduct of all elections of Councillors and Mayors of Municipal Corporations. Madhya Pradesh Municipal Corporation Act, 1956 12 | P a g e 14-A. Account of Election Expenses.- (1) Every Candidate at an election of Mayor shall, either himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authroised by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both days inclusive. Explanation-I.- any expenditure incurred or authorized in connection with the election of a candidate by a political party or by any other association or body of persons or by any individual other than the candidate or his election agent shall not be deemed to be expenditure in connection with the election incurred or authorized by the candidate or by his election agent for the purpose of this sub-section. Explanation-II.- For the removal of doubt, it is hereby declared that any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause (7) of Section 123 of the Representation of the People Act, 1951, in discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the election incurred or authorized by a candidate or by his election agent for the purpose of this sub-section. (2) The total of the said expenditure shall not exceed such amount as may be prescribed by the State Government in consultation with the State Election Commission. (3) The account of expenditure shall contain such particulars as may be prescribed by the State Election Commission. 14-B. Lodging of account of election expenses.- Every contesting candidate at an election of Mayor shall, within 30 days from the date of election of the returned candidate lodge with the officer notified by the State Election Commission and account of his election expenses which shall be a true copy of the account kept by him or by his election agent under Section 14-A. 14.C. Disqualification for failure to lodge account of election expenses.- If the State Election Commission is satisfied that a person- (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and (b) has n o good reason or justification for the failure, the State Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for being chosen as and for being a councilor or a Mayor of the Corporation, for a period not exceeding five years from the date of the order. 14-D. Removal or reduction of period of Disqualification.- The State Election Commission, on making an application within thirty days from the date of publication of the order, passed under clause (b) of Section 14-C, in the official Gazette may for reasons to be recorded in writing remove any disqualification or reduce the period of any such disqualification. Madhya Pradesh Municipal Corporation Act, 1956 13 | P a g e 15. Eligibility for voting.- Every person registered as a voter in the municipal electoral roll, for the time being in operation of a ward, and no person who is not so registered, shall be eligible to vote at any election for the councilors or Mayor: Provided that no person shall vote more than once in any election of the councilors or an election of the Mayor, as the case may be. 16. Qualification for election as Mayor or Councillor- (1) Subject to the provisions of this Act, a person who is enrolled in the Municipal electoral roll as a voter, shall be qualified to be a candidate- (a) for the election of Mayor, if he is not less than 25 years of age; and (b) for the election of Councillor, if he is not less than twenty-one years of age. (2) No person who is a candidate for any one ward shall be a candidate for any other ward. (3) Any person who ceases to be a Mayor or a Councillor shall, if qualified under sub-section (1), be eligible for re-election as such. (4) If a person is elected for the Office of Mayor and Councillor both, he shall have to resign from one of the office within seven days from the date on which he is declared elected. 17. General disqualification for becoming a Councillor or Mayor- (1) No person shall be a Councillor or Mayor, who- (a) (i) has been convicted of annoffence punishable under section153-a, or section 171-E or Section 171-F, or sub-section (2) or sub-section (5) of Section 505 of the Indian Penal Code 1860 (No. 45 of 1860) or under the protection of Civil Rights Act, 1955 (No. 22 of 1955) or under section 125 of the Representation of the people Act, 1951 (No.43 of 1951) or Section 3 and 4 of the Dowry Prohibition Act, 1961 (No.28 of 1961) or Section 10 or Section 11 of the Madhya Pradesh Local Authorities (Electoral Offences) Act, 1964(N0. 13 of 1964 unless a further period of six years has elapsed since his release after undergoing the sentence; (ii) has been convicted by a court in India,- (a) for an offence not falling under sub-clause(i) and sentenced to imprisonment for a period of not less than two years; or (b) for contravention of any provisions of the Madhya Pradesh Nagariya Kshetron Ke Bhoomihin Vyakti (Pattadhruti Adhikaron Ka Pradan Kiya Jana) Adhiniyam (N0.15 of 1984), or of any law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs, unless a further period of six years has elapsed since his release after undergoing the sentence. Explanation.- In this clause, (a) ―Law providing for the prevention of hoarding or profiteering‖ means any law, or any order, rule or notification having the force of law provided for,- (i) the regulation of production or manufacture of any essential commodity; (ii) the control of price at which any essential commodity may be brought or sold; (iii) the regulation of acquisition, possession storage, transportation, distribution, disposal, use or consumption of any essential commodity; Madhya Pradesh Municipal Corporation Act, 1956 14 | P a g e (iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale; (b) ‖drug‖ shall have the meaning assigned to it in the Drugs and cosmetics Act, 1940 (No. 23 of 1940); (c) ―essential commodity‖ shall have the same meaning as assigned to it in the Essential Commodities Act, 1955 (No. 10 of 1955); (d) ―food‖ shall have the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (No. 37 of 1954). (a-1) has, in proceedings for questioning the validity or regularity of an election or nomination been found to have been guilty of any corrupt practice, unless a period of five years has elapsed since the date of the finding of the disqualification has been removed by the State Government under Section 441-G; (b) has been removed from office under section 18,19-B or sub-section (3) of section 23 unless he has been relieved by Government from the disqualification arising on account of such removal from office; (bb) has been disqualified for further election or nomination as a Councillor or Mayor under Section 17-A unless he has been relieved by the Government from such disqualifications; (c) is an undischarged insolvent; (d) is of unsound mind and stands so declared by a competent court; (e) is less than twenty five years of age; in case of a Mayor and is less than twenty one years of age‘ in case of councilor. (f) is in the service of the Government or any local authority or is a Government pleader; (g) has directly or indirectly by himself or his partner, any share or interest in any work being done by order of the Corporation or in any contract or employment with or under , or by, on behalf of the Corporation. Explanation- A person shall not be deemed to have incurred disqualifications under this clause by reasons of his- (a) receiving a Government or municipal pension; (b) having any share or interest in- (i) any lease, sale or transfer of land; (ii) any agreement for the loan of money or any security for the payment of money only; (iii) any joint stock company except as a director or managing agent or any registered co- operative society. (iv) occupying as a tenant any premises belonging to the Corporation; (h) has been dismissed from Government or Municipal service on account of misconduct involving moral turpitude; (i) has any tax or dues, payable to the Corporation, standing against his name for a period exceeding one year, or (j) has not paid the amount of charge imposed upon him under Section 11 of the Madhya Pradesh Sthaniya Nidhi Sampariksha Adhiniyam, 1973 (No. 43 of 1973) within the time specified in Section 15 of the said Adhiniyam. (k) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the State: Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty-one years; (l) has been convicted of an offence against women; (m) has more than two living children, one of whom is born on or after 26 th January, 2001. Madhya Pradesh Municipal Corporation Act, 1956 15 | P a g e (n) has been disqualified under Section 14-C. (o) has any dues payable to the Madhya Pradesh state electricity board or its successor companies standing against his name for a period exceeding six months. (2) Disability from continuing as a Councillor or Mayor .- If any Councillor or Mayor during the term of which he has been elected or nominated- (a) becomes disqualified- (i) under sub-section (1) of Section 13 and his name is struck off from the electoral roll under sub-section (1-a) of that Section; or (ii) under sub-section (a) of this Section; (b) acts as a Councillor or Mayor in any matter- (i) in which he has directly or indirectly by himself or his partner, any share or interest, as is described in clause (g) of sub-section (1); or (ii) in which he is professionally interested on behalf of a client, principal or other person; or (c) absent himself during six consecutive months from the meeting of the Corporation except with the leave of the Corporation; or (cc) begets a child on or after 26 th January,2001 which increases the number of his children to more than two, or (d) fails to pay any arrears of any kind due by him to the Corporation within three months after a notice in this behalf has been served upon him; (e) becomes disqualified for being chosen as and for being a Councillor or Mayor under Section 14-C. he shall subject to the provisions of sub-section (3) be disabled from continuing to be a Councillor or Mayor and his office shall become vacant‖ Provided that a disqualification under clause (a) of sub-section (1) shall not take effect until three months have elapsed from the date of conviction, or if within that period an appeals is field or application for revision is filed in respect of the conviction or the sentence until that appeal or application is disposed off by the Court. (3) Power to decide whether vacancy has occurred- In every case except the cease falling under clause (n) of sub-section (1) and clause (c) of sub- section (2) the authority competent to decide whether a vacancy has occurred under this Section shall be the Government. This decision may be given either on any application made by any person or suo motu until the Government decides that the vacancy has arisen, the Councillor or Mayor shall not be disabled under sub-section (2) from continuing to be a Councillor or Mayor. Provided that no order under this Section shall be passed against any Councillor or Mayor without giving him a reasonable opportunity of being heard. 17-A. Power to disqualify ex-Mayor, Speaker, etc.- (1) If as a result of audit report or an enquiry or any other proceeding, it comes to the notice of the State Government that any person while he was holding the office of the Mayor, Speaker , Chairman or Member of a Committee constituted under this Act or a Councillor has committed such acts of commission or omission which, in the opinion of the State Government, would have made his continuance in such office undesirable in the interest of the public or the Corporation, Madhya Pradesh Municipal Corporation Act, 1956 16 | P a g e the State Government may notwithstanding the fact that he has ceased to hold such office, by an order in writing declare such person to be disqualified for further election, or nomination as a Councillor or Mayor for such period not exceeding five years as may be specified by the State Government in such order. (2) No order under sub-section (1) shall be passed unless reasonable opportunity has been given to the person concerned to furnish an explanation. 17-B. Oath or affirmation by the Mayor and the Councillor- (1) Every Mayor and every Councillor shall before taking part in the Election of Speaker in the first meeting of the Corporation or before entered upon his office, as the case may be, shall make and subscribe in the presence of the Collector an oath or affirmation in the following form:- I………the Mayor /elected Councilllor/ nominated Councillor of Municipal Corporation …………..swear in the name of the God/solemenly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will up hold the sovereignty and integrity of India, and I will faithfully and impartially perform my duties. (2) If the Mayor or Councillor does not take an oath under sub-section (1), it shall be deemed that such Mayor or Councillor, as the case may be, has not assumed his office. Provided that except with the permission of the Divisional Commissioner if any Mayor or Councillor, as the case may be, does not take an oath within three months from the date of his election or nomination, as the case may be, his seat shall be deemed to have been vacant ipso facto. 18. Election of Speaker- (1) The Mayor and the elected Councillors of the Corporation shall within fifteen days from the date of the notification of the election under Section 22, in the prescribed manner, elect a speaker from the elected Councillors. (2) the Speaker shall declare a panel of two elected Councillors every year to preside over the meetings of the Corporation during his absence in order of the name in the panel (3) The meeting under sub-section (1) shall be called and presided over by the Collector. (4) The term of the Speaker shall be coterminous with the term of the Corporation. 18-A. Powers and functions of the Speaker.- (1) Subject to the provisions of the Act the Speaker shall have the following powers and functions:- (i) to preside over the meetings of the Corporation and send the copy of proceeding to the Commissioner within seven days from the date of meeting; (ii) to fix the date of the meeting of the Corporation with the consent of the Mayor and arrange to send the notice there of along with the Agenda as approved by the Mayor, and (iii) to have administrative control over the officers and servants of his office including the Corporation Secretary. (2) The Speaker shall have power to call the execution report from the Commissioner, on the decisions taken in the meeting of the Corporation, and may take steps to include in the agenda of the next meeting of the Corporation such matters in which execution has been delayed beyond three months. Madhya Pradesh Municipal Corporation Act, 1956 17 | P a g e 19. Removal of Councillors.- (1) The Divisional Commissioner may at any time, remove any elected councilor,- (a) if his continuance as a Councillor, is not, in the opinion of the Divisional Commissioner, desirable in the interest of the Public or of the corporation; or (a-1) if it is found that he does not belong to the reserved category for which the seat was reserved; or (b) if the Corporation has, by a resolution supported by atleast two-third of the total number of Councillors, recommended that the Councillor is not fit to continue as a Councillor on account of misconduct in the discharge of his duties or disgraceful conduct and should therefore removed. (2) The Divisional Commissioner may, while ordering the removeal under sub-section (3) of Section 23 or this Section, also order that such councilor shall not be eligible to become a councilor of a Corporation for a period which shall be specified in the order and which shall not exceed five years: Provided that no resolution recommending the removal of any councilor shall be passed by the Corporation nor any such order of removal shall be passed by the Divisional Commissioner unless such councilor has been given a reasonable opportunity of showing cause why a recommendation should not be made for his removal or why he should not be removed from his office. (3) An appeal against the order passed under sub-section (1) or sub-section (2) of this section *18 shall lie to the State Government within thirty days of the date on which the order is conveyed to the aggrieved party. The State Government may after giving a reasonable opportunity of being heard, pass such order on the appeal as it may think fit. 19.A. Automatic vacation of all offices on ceasing to be Councillor- A person who ceases to be Councillor shall automatically vacate all the offices in the Corporation which he holds by virtue of his being a Councillor. 19-B. Removal of Mayor or Speaker or Chairman of a Committee.- (1) The State Government may, at any time remove a Mayor or Speaker or Chairman of any Committee, if his continuance as a Mayor or Speaker or Chairman of any Committee as the case may be, is not, in the opinion of the State Government, desirable in public interest or in the interest of the Corporation or if it is found that he is incapable of performing his duties or is working against the provisions of this Act or the rules made there-under or if it is found that then Mayor does not belong to the reserved category for which the seat was reserved. (2) As a result of the order of removal of Speaker or Chairman of any Committee, as the case may be, under sub-section (1) , it shall be deemed that such Speaker or the Chairman of any Committee, as the case may be, has been removed from the office of Councillor also. At the time of passing order under sub-section (1), the State Government may also pass such order that the Mayor or Speaker or Chairman of any Committee, as the case may be, shall disqualified to hold the office of Mayor or Speaker or Councillor, as the case may be, for the next term: Provided that no such order under this Section shall be passed unless a reasonable opportunity of being heard is given. Madhya Pradesh Municipal Corporation Act, 1956 18 | P a g e 19-C. Resignation of Mayor- (1) The Mayor may resign his office by tendering his resignation in writing to the State Government. (2) On receipt of the resignation, under sub-section (1), the State Government shall:- (i) if satisfied about its genuineness, accept the resignation and notify the fact of such resignation and the occurrence of casual vacancy by reason of such resignation in the Gazette: (ii) if not satisfied about it genuineness, not accept the resignation for reasons to be recorded in writing. (3) If it appears to the State Government that the Mayor having become liable for removal under section 19-B has tendered his resignation to escape such removal, then notwithstanding anything contained in this section, the State Government may order his removal in accordance with the provisions of the said section and thereupon the Mayor shall be deemed to have been removed from the date he resigns his office. 20. Duration of the Municipal Corporation. (1) Every Municipal Corporation, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer. Explanation:- The meeting held under sub-section (1) of Section 18 for the purpose of electing the Speaker shall be deemed to be the first meeting for the purpose of this sub-section. (2) An election to constitute a Municipal Corporation shall be completed,- (a) before the expiry of its duration specified in sub-section (1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Municipal Corporation would have continued is less than six months, it shall not be necessary to hold any election under this section for constituting the Municipal Corporation for such period. (3) A Municipal Corporation constituted upon the dissolution of a Municipal Corporation before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipal Corporation would have continued under sub-section (1) had it not been so dissolved. (4) Subject to the provisions of this Act, the term of Mayor and every Councillor shall be conterminous with the term of the Corporation. 21. Filling to Casual Vacancies .- (1) As soon as the office of a Mayor or the seat of an elected Councillor becomes vacant or is declared vacant, or the election of the Mayor or Councillor as the case may be, is declared void, the State Government shall forthwith inform the State Election Commission for filling up the vacancy and the person so elected shall hold office of Mayor or Councillor as the case may be, only for the remaining period of the Corporation. Provided that if the remaining period of the Corporation is less than six months, such vacancy shall not be filled in. (2) Until the vacancy in the office of Mayor is filled in under sub-section (1), all the powers and duties of the Mayor shall be performed by such elected Councillor as the State Government may nominate in this behalf: Madhya Pradesh Municipal Corporation Act, 1956 19 | P a g e Provided that if the office of Mayor is reserved under Section ……., such Councillor shall be nominated from the elected Councillors belonging to such reserved category. 22. Notification of election of Mayor and Councillor.- Every election of a Mayor and Councillor shall be notified by the State Election Commission in the official gazette. 23. Resignation of Speaker or Councillors.- (1) Speaker or any Councillor may resign his office by tendering his resignation in writing to the Mayor who shall forward the same to the Divisional Commissioner and if the Speaker or such Councillor, as the case may be, desire he may also send a copy of his resignation directly to the Divisional Commissioner. (12) On receipt of the resignation under sub-section (1), the Divisional Commissioner shall- (i) if satisfied about its genuineness, accept the resignation and notify the fact of such resignation and the occurrence of casual vacancy by reason of such resignation in the Gazette; (ii) if n ot satisfied about its genuineness, not accept the resignation for reasons to be recorded in writing. (3) If it appears to be Divisional Commissioner that any Councillor having become liable for removal under Section 19 has tendered his resignation to escape such removal, then notwithstanding anything contained in this section, the Divisional Commissioner may order his removal in accordance, with the provisions of the said section and thereupon the Councillor shall be deemed to have been removed from the date he resigned his office. 23.A. No-Confidence motion against Speaker.- (1) A motion of no confidence may be moved against the Speaker by any elected Councillor at a meeting specially convened for the purpose under sub-section (2) and if the motion, is carried by a majority of two thirds of the elected Councillors present and voting in the meeting and if such majority is more than half of the total member of elected Councillors constituting the Corporation, the office of the Speaker, shall be deemed to have fallen vacant forthwith. Provided that no such resolution shall lie against the Speaker within a period of- (i) two years from the date on which the Speaker enters upon his office, (ii) one year from the date on which the previous motion of no-confidence was rejected. (2) For the purpose of sub-section (1) a meeting of the Corporation shall be convened and presided over by the Collector in the following manner, namely.- (i) The meeting shall be convened forthwith on a requisition signed by not less than one third of the total number of elected Councillors constituting the Corporation for the time being, (ii) the notice of such a meeting specifying the date, time and place shall be dispatched to the Mayor and every Councillor ten clear days before the meeting. (iii) the no-confidence motion moved under this section shall be decided through secret ballot. Madhya Pradesh Municipal Corporation Act, 1956 20 | P a g e 24. Recalling of Mayor- (1) Every Mayor of a Corporation shall forthwith be deemed to have vacated his office if he is recalled through a secret ballot by a majority of more than half of the total number of voters of the corporation area casting the vote in accordance with the procedure as may be prescribed: Provided that no such process of recall shall be initiated unless a proposal is signed by not less than three-fourth of the total number of the elected Councillors and presented to the Divisional Commissioner: Provided further that no such process shall be initiated: (i) within a period of two years from the date on which such Mayor is elected and enters his office; (ii) If half of the period of tenure of the Mayor elected in a bye-election has not expired. Provided also that process for recall of the Mayor shall be initiated once in his whole term. (2) The Divisional Commissioner, after satisfying himself and verifying that the three-fourth of the Councillors specified in sub-section (1) have signed the proposal of recall, shall send the proposal to the State Government and the State Government shall made a reference to the State Election Commission. (3) On receipt of the reference, the State Election Commission shall arrange for voting on the proposal of recall in such manner as may be prescribed. 25. Powers and functions of Mayor- (1) The Mayor shall,- (a) have administrative control over the officers and servants of his office including the office of the Mayor-in-Council and Appeal Committee; (b) exercise such powers and perform such functions as described in the Actor the Rules made there under. (2) The Mayor or in his absence such member of the Mayor-in-Council, as may be appointed by the Mayor in case of epidemic, natural or unforeseen calamity may direct the execution or stoppage of any work or any act, the immediate execution or stoppage of which is necessary for the purpose of this Act: Provided that,- (a) he shall not act under this sub-section in contravention of any order of the State Government or Corporation or Mayor-in-Council prohibiting the execution or stoppage of any particular work or act; and (b) he shall report the action taken under this sub-section and the reasons therefore, to the Corporation at its next meeting and if the Corporation does not confirm the action of the Mayor or such member of the Mayor-in-Council, as may be appointed by the Mayor as the case may be, the matter shall be referred to the State Government and the decision of the State Government thereon shall be final, but the State Government before passing any order, which may affect any person a reasonable opportunity of being heard shall be given to such person. 25-A. Duties of the Councillors.- Subject to the provisions of the Act, every Councillor shall have the following duties:- (i) to be present and take part in the meetings of the Corporation and on requirement give vote in his discrection in favour or against, on the matters included in the agenda. Madhya Pradesh Municipal Corporation Act, 1956 21 | P a g e (ii) to draw the attention of the Commissioner or the head of the departments concerned, towards any loss to the Corporation property or any short comings in any scheme or service or any work being executed by the Corporation. 25-B. Honorarium and Allowances to Mayor, Speaker and Councillors.- The Mayor, Speaker and the Councillors shall be entitled to receive such honorarium or allowances or both, as the State Government may prescribe. 26. Procedure in case of non-payment of Municipal dues by Councillors and office bearers of Corporation- (1) Within fifteen days from the expiration of each calendar quarter, the Commissioner shall- (a) draw up a list of all councilors (which term for the purpose of this section shall include the Mayor and Speaker, who have failed to pay any tax due by them to the Corporation within six months from the date on which such tax became due; (b) issue to every person on the said list a notice of demand requiring him to pay the arrears within three months from the date of service of such notice; and (c) submit a copy of the list to the Government. (2) If on receipt of the notice referred to in sub-section (1) the Councillor fails to pay within three months, the arrears of any tax specified in notice, he shall subject to the provision of sub- section (3) of Section 17 cease to be a Councillor and his office shall be vacant; and he shall be disqualified for further election or nomination to such office until the arrears due by him are paid and the certificate to that effect is granted to him. (3) The Government may make rules under this Act providing for all matters connected with the administration of this Section. Madhya Pradesh Municipal Corporation Act, 1956 22 | P a g e CHAPTER III- CONDUCT OF BUSINESS Transaction of Business by the Corporation 27. Meeting of the Corporation and Committee.- The Corporation shall meet at least once in every two months and every Committee shall meet at least once in every month for the transaction of its business. 28. Omitted. 29. Convening of meetings.- (a) A meeting of the Corporation shall be either ordinary or special, (2) The date of every meeting except the meeting referred to in Sections 18 and 23-A shall be fixed by the Speaker with the consent of the Mayor or in the event of his being incapable of acting by the Mayor: Provided that if the date of the meeting is not fixed by the Speaker or the Mayor, as the case may be, the Municipal Commissioner shall fix the date of the meeting under intimation of the State Government. (3) Subject to the provisions of Section 18 or 23-A or 24, notice of every meeting specifying the time and place thereof and the business to be transacted there at shall be dispatched to every Councillor and exhibited at the Municipal Office severn cleat days before and ordinary meeting and three clear days before a special meeting: Provided that if the n otice other than a n otice of meeting under Section 18 or 23-A or 24 has been exhibited at the Municipal Office, failure to serve it on any Councillor shall not affect the validity of a meeting. (4) No business other than that specified in the notice relating thereto shall be transacted at a meeting except with the consent of two-third of the members present. (5) Commissioner shall prepare the list of the business (agenda) to be transacted in the meeting as mentioned in sub-psection (3) and submit it to the Mayor for approval. The Mayor shall approve the agenda and send it to the Speaker. The Speaker shall arrange to send the same along with the notice of meeting to the Councillors. The Speaker shall neither exclude not include any item in the agenda as approved by the Mayor. 30. Power of Speaker and Mayor to call Special Meeting.- The Speaker or in the event of his being in capable of acting the Mayor, may, whenever he thinks fit, call a special meeting and shall be bound to do so within two weeks of the receipt of written requisition signed by the not less than one-third of the total number of elected Councillors. Provided that if on receipt of requisition the special meeting is not convened within the stipulated time by the speaker or the Mayor, as the case may be, the Municipal Commissioner shall convene such meeting uunder intimation to the State Government. Madhya Pradesh Municipal Corporation Act, 1956 23 | P a g e 31. Adjournments.- Any meeting of the Corporation may, with the consent of a majority of the elected Councillors present, be adjourned from time to time, to a later hour on the same day or to any other date; but no business other than that left over at the adjourned meeting shall be transacted at the next meeting. A notice of such adjournment pasted in the Municipal Office on the day on which the meeting is adjourned shall be deemed sufficient notice of the next ensuing meeting. 32. Public to be admitted to the meeting of Corporation.- The meeting of the Corporation shall ordinarily be open to the public: Provided that the presiding authority may either suo-moto or on the suggestion of any member exclude the public from a meeting temporarily or otherwise: Provided further that the presiding authority may at any time cause any person who interruptions the proceedings to be removed. 33. Chairman of Meeting.- (1) At the meeting of the Corporation, except the meeting referred to in sections 18 and 23-A the Speaker if present shall preside. (2) If the Speaker is absent from the meeting of the Corporation, one of the Councillors in order of the names as exist in the panel referred to in sub-section(2) of section 23 shall preside. (3) If the Councillors as aforesaid are also absent, the elected Councillors shall choose one of them to preside. (4) In the case the equality of votes, the person presiding at the meeting shall have a casting vote. 34. Quorum.- (1) The quorum for a meeting of the Corporation shall be one-third of the total number of Councillors. (2) If at any time in a meeting there is no quorum, the presiding authority shall adjourn it to such time or date as he thinks fit and announce then same at once; and the business set down for the meeting shall be brought forward at the subsequent meting, whether at such meeting there is a quorum or not. (3) No business other than the business fixed for the original meeting shall be transacted at such subsequent meeting. (4) A notice of adjournment exhibited in the municipal office on the day on which the meeting is adjourned shall be sufficient notice of the subsequent meeting. Madhya Pradesh Municipal Corporation Act, 1956 24 | P a g e 35. Disability of Councillor for voting, etc.- (1) No Councillor shall vote or take part in the discussion of any matter before a meeting in which he has directly or indirectly, by himself or his partner, any share or interest in any contract, grant or employment with, by or on behalf of, the Corporation.. (2) If a Councillor has any pecuniary interest direct or indirect in any contract, or proposed contract or other matter, and is present at a meeting of the Corporation or Mayor-in- Council at which the contract or other matter is the subject of consideration, he shall at the meeting as soon as practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any question with respect to the contract or other matter: Provided that this section shall not apply to an interest in the contract or other matter which a Councillor may have as a tax-payer or inhabitant of the City, or as an ordinary consumer of electricity or water, or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods is offered to the public. (3) For the purpose of this section a person shall (subject as hereinafter in this sub-section provided) be treated as having indirectly a pecuniary interest inn a contractor other matter, if- (a) he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; (b) he is partner, or member of the joint Hindu family or is in the employment of a person with whom the contract is made or is proposed to be made or who has a direct pecuniary interest, in the other matter under consideration: Provided that- (i) this sub-section shall not apply to membership of, or employment under, any public body; (ii) a member of a company or other body shall not, b y reason only of his membership, be treated as being so interested if he has no beneficial interest in any shares or stock of that company or other body; (iii) no person shall be deemed to have any share or interest in a contract, grant or employment by reason only of his having any share or interest in- (a) any lease, sale or purchase of land or any agreement for the same; or (b) any agreement for the loan of money or any security for the payment of money only; or (c) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted; or (d) any joint stock company which may enter into contract with or be employed by the Commissioner on behalf of the Corporation. (e) the occasional sale of the Commissioner on behalf of the Corporation to a value not exceeding in any one official year Five hundred rupees, of any article in which he regularly trades. 36. Preservation of order.- (1)The presiding authority shall preserve order and may direct any Councillor whose conduct is in his opinion disorderly to withdraw immediately from the meeting of the Corporation, and any Councillor so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the days meeting, and if he is ordered a second time within 15 days to withdraw, Madhya Pradesh Municipal Corporation Act, 1956 25 | P a g e the presiding authority may suspend him for any period not exceeding 15 days and he shall absent himself from meeting accordingly: Provided that the presiding authority may remit the suspension on receiving apology to his satisfaction from the Councillor under suspension: Provided also that the suspension shall not prevent any Councillor from serving on any Committee. (2) The presiding authority may in case of grave disorder arising in the meeting suspend the meeting for a period out exceeding three days. (3) If any person who has been ordered to withdraw, unlawfully remains in the meeting , the presiding authority may take such steps as he may deem fit to cause him to be removed. 37. Constitution of Mayor-in-Council.- (1) there shall be a Mayor-in-Council for every Corporation which shall be constituted by the Mayorfrom amongst the elected Councillors within seven days from the date of election of Speaker under Section---- (2) The Mayor-in-Council shall consist of the Mayor and not less than 5 and not more that 10 members in every Corporation: Provided that all members shall be nominated by the Mayor from amongst the elected Councillors of the Corporation and out of which at least one member from Scheduled Caste or Scheduled Tribes, one member from Other Backward Classes and one member from women category shall be nominated. (3) The members of the Mayor-in-Council shall hold office during the pleasure of the Mayor. (4) Each Corporation shall have such departments as may be prescribed and member of the Mayor-in-Council may be made incharge of such department as may deem fit by the Mayor. (5) The Mayor shall be the ex-officio Chairman of the Mayor-in-Council and shall preside over the meetings of the Mayor-in-Council, if present. In the absence of the Mayor, the members present in the meeting shall choose one of them to preside over the meeting. (6) Notwithstanding anything contained in this Act, the Mayor-in-Council, Mayor and the members shall exercise such powers and perform such functions as may be prescribed. (7) The functions and the conduct of business of the Mayor-in-Council shall be such as may be prescribed. (8) In case the office of the Mayor is declared vacant under this Act, the Councillor nominated by the Government under sub-section (2) of Section 21 to perform the duties of the Mayor or a person who is elected for the office of the Council to continue or appoint new members in place of them from amongst the elected Councillors. 38. Omitted 39. Omitted 40. Omitted 41. Omitted 42. Omitted 43. Omitted 44. Omitted Madhya Pradesh Municipal Corporation Act, 1956 26 | P a g e 45. Power of Mayor-in-Council to appoint sub-committees.- The Mayor-in-Council may appoint one or more sub-committees from amongst its members, which shall consist of such number of members as it may fix and may refer to it any matter pending before it for enquiry and report or opinion. 46. Advisory Committee.- (1) After the first meeting of the Corporation under section 18, the Speaker shall constitute an advisory committee for every Department of the Corporation from amongst the elected Councillors other than the Councillors included as member in the Mayor-in-Council under section 37 to advice in the affairs of the department concerned. (2) Each Advisory Committee shall consist of 9 members in case of a Municipal Corporation having sixty or more wards and seven members in case of corporation having less than sixty wards. (3) The member of the Mayor-in-Council incharge of the department shall convene the meeting of the advisory committee of the department concerned at least once in every two months and shall preside over such meeting. He may take into consideration the suggestions made by the members of the advisory committee in the meeting. 47. Reference by Mayor.- (1) The Mayor may refer to any Committee appointed under section 46 for enquiry andn report or opinion any matter relating to that Committee. (2) The Corporation may, by a specific resolution passed by the votes of not less than two-third of the total number of elected Councillors, delegate any of its powers and functions to the concerned Committees mentioned in Section 46. (3) Any Committee mentioned in Section 46 may appoint one or more sub-committees fron amongst its members consisting of such members as it may decide, and may refer to it for enquiry and report or opinion any matter pending before it. (4) Every Committee appointed under section 48 shall at its first meeting elect one of its elected Councillors to be its Chairman. 48. Election of Special Committees for consultative purposes- The Corporation may also appoint from time to time and for such period as it may think fit, special committees, consisting of such number of Councillors as it may think fit, and may refer to such committees for inquiry and report, or for opinion, any matter relating to the purpose of this Act. 48-A Constitution and Composition of Wards Committees- There shall be constituted Wards Committees within the territorial area of a Municipal Corporation having a population of three lakhs or more. The Wards Committee shall be constituted within thirty days from the date of election of Speaker under sub-section (1) of section 18:- Madhya Pradesh Municipal Corporation Act, 1956 27 | P a g e Provided that the Corporation having a population of less than three lakhs may also constitute wards committees in its territorial area. (2) The number of wards Committees in a Corporation shall be equal to the population of the Municipal area divided by one lakh. Provided that fractions less than half shall be omitted and the fractions equal to half or more shall be rounded off to the next whole number. (3) The number of wards included in the territorial area of Wards Committees of the Corporation shall, as nearly as possible be equal. (4) The Corporation shall be competent to determine the territorial area of the Wards Committees: Provided that the wards included in the territorial area of a Wards Committee shall be contiguous. (5) Every elected Councillor representing a ward within the territorial area of a Wards Committee and two persons residing within the territorial area of such Wards Committee as may be nominated by the Mayor shall be the members of that Committee: Provided that only a person who is otherwise not ineligible for election as a Councillor shall be so nominated. Provided further that only persons having special knowledge or experience in the municipal administration shall be nominated on the recommendation of the Chairman of the ward s Committee and the persons so nominated shall not have voting rights in the meetings of the Wards Committee. (6) The Wards Committee shall, as its first meeting in the prescribed manner elect one of the elected Councillors to be its Chairman who shall hold office until the duration of the Municipal Corporation. Provided that where the Speaker is a member of any Wards Committee the Speaker shall be the ex-officio Chairman of such Wards Committee. (7) The State Government shall prescribe, the functions, and power of Wards Committees and the procedure for the conduct of their business. 48-B. Constitution and Composition of Mohalla Committees- (1) In every Municipal area which is notified by the State Government in this behalf, the Mohalla Committees shall be constituted within three months from the date of notification. (2) The number of Mohalla Committees and the number of members shall be such as the State Government may by order prescribe from time to time. (3) The elected Councillor of Ward concerned shall be a member in all the Mohalla Committees within the territorial area of any ward. (4) The Corporation shall be competent to determine the territorial area of Mohalla Committees. Provided that the Mohallas included in the territorial area of any Mohalla Committee shall be contiguous. (5) The State Government shall prescribe the functions and powers of the Mohalla Committees and the procedure for the conduct of their business. Madhya Pradesh Municipal Corporation Act, 1956 28 | P a g e 49. Quorum of the Mayor-in-Council or any other Committee.- The quorum for the meeting of the Mayor-in-Council or any other Committee appointed under section 46 or 48 shall be on behalf of total number of its members. 50. Decision on questions by majority of votes.- Except as otherwise provided by or under this Act all questions brought before any meeting held under this Act shall be decided by majority of the votes of the Mayor and elected councilors present and in the case of an equality of votes the presiding authority of the meeting shall have a second or casting vote: Provided that in the case of equality of votes in the election of the Speaker, or the Chairman of any Committee, the presiding authority shall not exercise his casting vote, and the result shall be decided by lot. 50-A. Removal of Member of a Committee- The Corporation may remove any member of a Committee by a majority of at least two-thirds of the elected Councillors, on the recommendation of such committee, and may elect a new member in its place, in accordance with the provisions of this Act. 51. Vacancies, etc. not to invalidate proceedings.- No act or proceedings of the Corporation or of any Committee appointed under this Act, shall be questioned on account of any vacancy in the membership or any defect in the election or qualification of the Mayor,(Speaker), presiding authority, any Councillor or member there of, or any defect or irregularity in any such act or proceeding not affecting the merits of the case. 52. Proceeding of meeting to be deemed to be good and valid.- Until the contrary is proved- (i) every meeting of the Corporation or any Committee shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have been duly qualified, when the minutes of the meeting have been signed in accordance with the provisions of this Act; and (ii) where the meeting is a meeting of any Committee, such Committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes. 53. Minutes of the meeting.- (1)Minutes of the proceedings of every meeting of the Corporation, Mayor-in-Council or any committee shall be recorded in the following manner:- (i) In case of meeting of the Corporation the Municipal Commissioner and in case of meeting of the Mayor-in-Council or any of the Committee, the officer incharge shall arrange to record the Madhya Pradesh Municipal Corporation Act, 1956 29 | P a g e minutes in accordance with the decision taken in the meeting on any subject just after a decision isd taken on such subject, (ii) The minutes of the proceedings recorded shall include:- (a) the names of the councilors present; (b) if the decision on any subject is n ot unanimous, the names of the councilors who have voted for and against such decision and the names of those who have remained neutral. (c) the mode of voting followed in taking decision i.e. by secret ballot or otherwise. (iii) As soon as the business of the meeting is over, the Municipal Commuissioner or the officer- in-charge, as the case may be, shall submit the minutes in the meeting for confirmation and after having confirmed, the Speaker or Chairman, as the case may be, of the meeting and the Municipal Commissioner or officer-in-charge, as the case may be, shall jointly sign, the minutes. (2) If the minutes are n ot confirmed due to any reason in the meeting the proposal to confirm the minutes shall be submitted in the next meeting. (3) In case of minutes relating to Corporation meeting a copy of the minutes shall be sent by the Municipal Commissioner to the Mayor, Speaker, and every Councillor and in case of meeting of the Mayor-in-Council or any committee, the officer-incharge shall send the copy of the minutes to the chairman and members of such committee. (4) The copy of the minutes or any of its portions may be obtained by any person on payment of such fee as may be prescribed by the Municipal Commissioner. (5) A copy of the minutes of every meeting of the Corporation shall be sent by the Municipal Commissioner to the State Government and a copy of the same shall be pasted at the notice board of the Corporation within seven days from the date of confirmation of minutes. Madhya Pradesh Municipal Corporation Act, 1956 30 | P a g e Chapter- IV MUNICIPAL OFFICERS AND SERVANTS 54. Appointment and removal of Commissioner.- (1) The Commissioner for the Corporation shall be appointed by the Government for a renewable period not exceeding five years. (2) It shall be forthwith removed from office if at a meeting of the Corporation not less than three-fourths of the total number of elected councilors vote in favour of a proposition in this behalf; and he may be removed by the Government at any time if it appears to the Government that he is incapable of performing the duties of his office or has been guilty of any mis-conduct or neglect which renders his removal expedient: Provided that when the Commissioner holds a lien on any post under the Government, he may recalled at any time by the Government. 55. The Power of Commissioner.- The Commissioner shall be the Principal executive officer of the Corporation and all other officers and servants of the Corporation except in case of Municipal Corporation the servants and officers of the Corporation office shall be subordinate to him. He shall have the right to speak at, and otherwise take part in any meeting of the Corporation or any committee thereof, but shall not be entitled to vote or to move any proposition. 56. Salary of Commissioner.- (1) The Commissioner shall receive such monthly salary and such monthly allowances as the Government may, from time tot time determine. (iii). Subject to the provisions of sub-section (1), the condition of service of a person appointed as a Commissioner, who holds a lien on a post under the Government during the tenure of his aforesaid appointment, shall be such as may be laid down by the Government and in any other case they shall be such as may laid down by byelaws framed by the Corporation. 57. Grant of leave of absence to Commissiner.- (1) The Government may in consultation with the Municipality grant leave of absence to the Chief Executive Officer. (ii) During the absence on leave of the Chief Executive Officer the Government shall appoint a person to act as the Chief Executive Officer. (iii) Every person so appointed shall exercise the powers conferred and perform the duties imposed on the Chief Executive Officer by this Act or by any other enactment for the time being in force, and shall be subject to the same liabilities, restrictions and conditions to which the Chief Executive Officer is liable and shall receive such monthly salary and allowances, as the Government may determine. Madhya Pradesh Municipal Corporation Act, 1956 31 | P a g e 58. Appointment and conditions of Service of Corporation Officers and servants.- (1) Subject to the rules made by the State Government in respect of the Set-up, Strength, Recruitment, Appointment, Pay-Scales, Allowances and other conditions of service of officers and servants of the Corporation, the corporation shall appoint such officers and servants as may be necessary for the efficient performance of the functions of the Corporation: Provided that- (i) the power of appointing any person on a municipal post which carries a maximum scaloe of pay as the State Government may, from time to time, by an order in writing specify, shall vest in the Mayor-in-Council or the Commissioner; (ii) any appointment made within his power by the Commissioner shall be reported for information to the Mayor-in-Council. (iii) every appointment to be made by the Mayor-in-Council shall be subject to the prior confirmation of the State Government. The decision of the State Government in this behalf shall be final. (2) Notwithstanding anything contained in sub-section (1), in emergent situations, the Mayor-in- Council may make adhoc appoiontments for a period not exceeding six months, with prior permission of the State Government. (3) The State Government may despute to any post under the corporation carrying maximum scale of pay as the State Government may, from time to time, by an order in writing specify such servants of the State Government as it may consider necessary. (4) The terms and conditions of deputation of servants of the State Government, including disciplinary control shall be such as may be prescribed. (5) Notwithstanding anything contained in this Act or any rules or bye-laws made there under, the State Government may, subject to the conditions specified in sub-section (6) transfer on deputation (any officer or servant of a Municipal Corporation) to any other Maunicipal Corporation and itn shall not be necessary for the State Government to consult either the Corporation or the Officer or Servant concerned before passing an order of transfer on deputation under this sub-section. (6) The officer or servant transferred under sub-section (5) shall- (a) have his lien on the post held in the parent Corporation; (b) not be put to disadvantageous position in respect of pay and allowances which he would have been entitled to had he continued inn the parent Corporation; (c) be entitled to deputation allowance at such rate as the State Government may by general order specify; and (d) be governed by such other terms and conditions including disciplinary control as the State Government may, by general or special order, specify. Explanation :- for the purpose of sub-section (3) & (4) - i.e. 1. "Town and Country Development Authority" means the Town and Country Development Authority constituted under section 38 of the Madhya Pradesh Nagar tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) ; 2. "Government undertaking" means an undertaking wholly are partly owned or control by the State Government. 59. Municipal Officer or servant not to be interested in any contract with Corporation.- (1) No person shall be eligible for employment as a Municipal Officer or servant if he- Madhya Pradesh Municipal Corporation Act, 1956 32 | P a g e (a) has directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by or on behalf of the Corporation, other than an interest in land held on a lease from the Corporation, or is a Director, Secretary, Managewr or other salaried officer of an incorporated company which has any such share or interest; or (b) has acted or is acting professionally in relation to any matter on behalf of any person having therein any such share or interest as aforesaid. (2) If any Municipal Officer or servant acquires, directly or indirectly by himself or by his partner any share or interest as aforesaid, otherwise than as such officer or servant, he shall cease to be a Municipal Officer or servant, and his office shall become vacant. (3) Nothing in the foregoing sub-sections shall apply to any such share or interest as, under section 35 it is permissible for a Councillor to have without being thereby prohibited from voting or taking part in the discussion of any matter. 60. Discharge and infliction of penalties.- (1) Any Municipal officer or servant may be discharged,- (a) during a period of probation; (b) if appoointedd otherwise than under contract to hold a temporary appointment, on the expiration of the period of the appointment; (c) if engaged on contract, in accordance with the terms of the contract; or (d) on account of the abolition of the post held by him or on account of a reduction in the strength of a cadre of Municipal officers and servants. (2) The following penalties may for good and sufficient reasons be imposed upon any municipal officer or servant:- (i) censure; (ii) withholding of increment or promotion, including stoppage at an efficiency bar; (iii) reduction to a lower time-scale or to lower stage in a time-scale; (iv) recovery from pay f the whole or part of any pecuniary loss caused to the Corporation by negligence or by breach of orders; (v) fine to be deducted from salary; (vi) reduction in rank; (vii) removal from the service of the Corporation which ordinarily disqualify from the future employment. (viii) dismissal from the service of the Corporation which ordinarily disqualify from the future employment: Provided that a dismissed municipal officer or servant may be re-employed by the Corporation with the special sanction of the Government. Explanation- The penalty of removal may be inflicted upon a Municipal officer or servant either for misconduct not sufficiently grave to justify dismissal or onaccount of general unfitness for the duties of his office. (3) If a municipal officer or servant- (a) has been engaged on a written contract, he shall be entitled to notice or salary in lieu of notice in accordance with the terms of that contract; (b) has been engaged on a written contract, he shall be entitled to one month‘s notice of the termination of his services or one month‘s salary in nlieu of notice. Madhya Pradesh Municipal Corporation Act, 1956 33 | P a g e (4) Municipal Officers and servants discharged during the period of probation or on the expiration of the period of a temporary appointment, shall not be entitled to any notice or salary in lieu of notice. (5) No penalty mentioned in sub-section(2) above shall be imposed upon any municipal officer or servant by order of any authority subordinate to that which makes appointment to the post he holds at the time of the order and unless he has been given a reasonable opportunity of showing cause against the imposition of such penalty. (6) No penalty mentioned in clause (vi), (vii) and (viii) of sub-section (2) shall be imposed upon any municipal officer or servant appointed by the Mayor-in-Council without the previous consultation with the State Government: Provided that in case of any difference of opinion between the Mayor-in-Council and the State Government the matter shall be laid before the Corporation. If the Corporation agrees with the State Government the order shall be made accordingly. In other cases a reference shall be made by the Corporation to the Government whose decision shall be final. (7) Any Municipal officer or servant who is discharged during the period of probation or on whom a penalty is imposed under sub-section (2), may appeal to such authority within such period and in such manner as may be prescribed. (8) Omitted . 61. Extraordinary pension case of officer or servant, injured or killed, in execution of his duty.- The Corporation may give an extra ordinary pension gratuity or compassionate allowance in accordance with the rules or byelaws framed in this behalf- (a) to any municipal officer or servant injured in the execution of his duty; or (b) to the family or other relatives dependent on any municipal officer or servant who is killed in the execution of his duty, or whose death is due to devotion to duty or who dies during service: Provided that the extra-ordinary pension, gratuity or compassionate allowance paid to a municipal officer or servant shall in no circumstances executed that payable to a person of similar rank or position in the service of the Government. 62. Re-instatement or re-employment of a convicted officer or servant and payment of salary and allowances to such officer or servant.- Any municipal officer or servant who has been sentenced by a criminal court to imprisonment for an offence punishable with imprisonment for a term exceeding six months and involving moral turpitude shall, if such sentences is not set aside or reversed in appeal or revision and if such officer or servant shall not have been dismissed cease to be a municipal officer or servant on such conviction and the Corporation shall not re-instate or re-employ any such officer or servant without the previous sanction of the Government. 63. Liability to vacate municipal premises.- (1) Any municipal officer or servant occupying any municipal premises- (a) shall occupy the same, subject to such conditions and terms as may be prescribed by the Commissioner; and Madhya Pradesh Municipal Corporation Act, 1956 34 | P a g e (b) shall, notwithstanding anything contained in any law for the time being in force, vacate the same on his ceasing to be in the service of the Corporation, or whenever the Commissioner thinks it necessary and expedient to require him to do so. (2) If any person who is bound or required under sub-section (1) to vacate any premises, fails to do so the Commissioner may order such person to vacate such premises and may take such measures as will prevent him from remaining on or again entering in the premises. 64. Essential officers and servants.- No essential officer or servant shall- (a) unless he is authorized in that behalf by the terms of his contract, resign his appointment or quit his employment without giving written notice, not le