The City of Panaji Corporation Act, 2002

--1-- GOVERNMENT OF GOA Department of Law & Judiciary Legal Affairs Division Notification 7/28/2002/LA The City of Panaji Corporation Act, 2002 (Goa Act 1 of 2003), which has been passed by the Legislative Assembly of Goa on 26-8-2002 and assented to by the Governor of Goa on 21-1-2003, is hereby published for the general information of the public. S. G. Marathe, Under Secretary (Drafting). Panaji, 1[23rd January, 2003]. Sections The City of Panaji Corporation Act, 2002 Contents Title of Sections PART I CHAPTER I Preliminary 1. Short title, extent and commencement. 2. Repeal of enactment. 3. Transfer of liabilities. 4. Provisional appointment of Commissioner. 5. Definitions. Sections PART II Constitution and Government CHAPTER II The Municipal Authorities 6. Municipal authorities charged with the execution of this Act. 7. Incorporation of Corporation. 8. Power of Corporation to acquire and hold movable and immovable property. 9. Constitution of Corporation and division of City into wards. 10. Reservation of seats. 11. State Election Commission. 12. Power of State Election Commissioner to issue directions to prevent impersonation. --2-- 13. Preparation of Municipal Election Roll. 14. Qualification of candidates. 15. Disqualifications of candidates. 16. Notification of election, etc. of Councillor, Mayor and Dy. Mayor. 17. Duration of the term of Corporation. 18. Term of office of Councillor. 19. Election to constitute Corporation. 20. Filling of casual vacancies. 21. Effect of subsequent disabilities. 22. Election of Mayor and Deputy Mayor. 23. Removal of Councillor. 24. Procedure in case of non-payment of Corporation dues by Councillors and office- bearers of Corporation. CHAPTER III Conduct of Business Transaction of Business by the Corporation 25. Meetings. 26. First meeting after general election. 27. Convening of meetings. 28. Power of Mayor and Deputy Mayor to call special meeting. 29. Adjournments. 30. Public to be admitted to the meeting of Corporation. 31. Chairman of Meeting. Sections 32. Quorum. 33. Disability of Councillors for voting, etc. 34. Preservation of order. 35. Constitution of Standing Committee. 36. Election of Standing Committee. 37. Election of the Chairman of Standing Committee. 38. Absence from meeting of Standing Committee. 39. Casual vacancies in the Standing Committee. 40. Each Standing Committee to continue in office till a new Committee is constituted. 41. Constitution of Wards Committees. Special Consultative Committees 42. Special Consultative Committees, their term, election and filling of casual vacancies. 43. Election of special Committees for consultative purposes. 44. Decision of questions by majority of votes. 45. Vacancies etc., not to invalidate proceedings. 46. Proceedings of meeting to be deemed to be good and valid. 47. Minute Books. --3-- CHAPTER IV Municipal Officers and Servants 48. Appointment of Commissioner. 49. Power of Commissioner. 50. Salary of Commissioner. 51. Appointment and Salary of principal officers, other officers and servants. 52. Appointment of other officers and servants. 53. Acting Appointments. 54. Municipal officer or servant not to be interested in any contract with Corporation. 55. Discharge on infliction of penalties. 56. Extraordinary pension in case of officer or servant injured or killed in execution of his duty. 57. Re-instatement or re-employment of a convicted officer or servant and payment of salary and allowances to such officer or servants. 58. Essential officers and servants. CHAPTER V Powers, Duties and Functions of the Municipal Authorities Obligatory and Discretionary Duties of the Corporation Sections 59. Matters to be provided for by Corporation. 60. Matters which may be provided for by Corporation at its discretion. 61. Entrustment of certain functions by State Government to Corporation. 62. Performance of functions by agencies. 63. Environment Status Report. 64. (1) Functions of the several municipal authorities. (2) Municipal Government of the City vests in the Corporation. (3) Special functions of Commissioner. (4) Municipal officers may be empowered to exercise the powers of Commissioner. 65. Corporation may call for extracts from proceedings, etc., from the Standing Committee etc. 66. Corporation may require Commissioner to produce documents. 67. Exercise of functions to be subject to sanction by Corporation of the necessary expenditure. 68. Procedure for making contracts on behalf of Corporation. 69. Mode of execution of contract. CHAPTER VI Municipal Property and Liabilities 70. Transfer to Corporation of property of Municipality of Panaji. 71. Property of public institutions managed by municipal authority to be held in trust. 72. Acquisition of immovable property or easement by agreement. 73. Procedure when immovable property or easement cannot be acquired by agreement. 74. Decisions of claims to property by or against Corporation. --4-- 75. Provisions governing the disposal of municipal property or property vesting in or under the management of Corporation. 76. Property vested in Corporation. 77. Record of immovable property. 78. Resumption by Government. 79. Management of Public institutions. PART III Finance Sections CHAPTER VII The Municipal Fund 80. Municipal fund to be held in trust. 81. Credit of moneys to municipal fund. 82. Application from municipal fund. 83. Receipts and disposal of payments on account of the municipal fund. 84. Drafts on the municipal fund. CHAPTER VIII Budget Estimate 85. Only sums covered by a budget grant to be expended from the Municipal fund. 86. Expenditure under certain of these exceptions to be reported by Commissioner to the Standing Committee. 87. Preparation of budget estimates. 88. Power of Standing Committee to reduce or transfer budget grants. 89. Power of Corporation to alter budget grants. 90. Power of Corporation to readjust income and expenditure during the year. CHAPTER IX Loans 91. Power of Corporation to borrow money. 92. Limit of borrowing power. 93. Repayment of loans. 94. Attachment of municipal fund in default of repayment of loan. 95. Attachment of municipal fund for securing payment. 96. Annual statement to be prepared by Commissioner. 97. Application of the Local Authorities Loans Act, 1914. CHAPTER X Audits and Accounts Sections --5-- 98. Accounts to be kept in a form approved by the Standing Committee. 99. Transmission of accounts to Government. 100. Annual administration report and statement of accounts by Corporation. 101. Monthly abstract of accounts. 102. Audit of municipal accounts. 103. Municipal authorities to remedy defects and report to State Government. PART IV CHAPTER XI Taxation 104. Taxes to be imposed under this Act. 105. Procedure for imposing taxes. 106. General Tax on what properties to be levied. 107. Control of State Government on the rate of taxes. 108. Exemption from general tax. 109. Value of land or building how to be ascertained. 110. Requisition of name of owner. 111. Treatment of property which is let to two or more persons in separ ate occupancies. 112. Responsibility for payment of property tax. 113. Employment of assessor. 114. Assessment of annual value and duration of assessment. 115. Returns for purposes of valuation. 116. Public notice and inspection of valuations. 117. Notice when valuation made for the first time is increased. 118. Notice of objection to valuation. 119. Investigation of objections by Commissioner. 120. Appeal to District Court. 121. Valuation when to be final. 122. Keeping of municipal assessment list. 123. Authentication of assessment list when all objections have been disposed of. 124. Power of Commissioner to amend assessment list. 125. Notice of increase of rent. 126. Notice to be given to Commissioner of demolition or removal of a building. Sections 127. Failure to give notice of increase of rent. 128. Period for which revised valuation to continue in force. 129. Payment of property taxes, how affected by objections to valuations. 130. Refund of excess payment. 131. Duty of Corporation to recover all taxes. Supplemental Provisions 132. Commissioner to supply copies on payment. 133. Tax not invalid for defect of form. 134. Power of the State Government in regard to taxes. 135. Refund of Tax on unoccupied property. 136. Duty of furnishing true information regarding liability to municipal taxation. 137. Duty of occupier to furnish true information regarding owner’s name and address. --6-- 138. Notice of transfers of title, when to be given. 139. Power of entry for the purposes of valuation of taxation. 140. Power to examine article liable to toll or cess on imports. 141. Power to search where toll or cess on imports is leviable. 142. Punishment for evading payment of toll or cess. 143. Levy of Street tax. CHAPTER XII Recovery of Corporation’s Claims 144. Presentation of bill for taxes and other demands. 145. If bill not paid within fifteen days, notice of demand to issue. 146. In what case warrant may issue. 147. Power of Corporation to remit certain fees. 148. Power of officer to break open door or window. 149. Warrant how to be executed. 150. Sale of goods distrained in special cases. 151. Sale outside the City. 152. Fees and costs chargeable. 153. Summary proceedings may be taken against persons about to leave the City. 154. Appeal to Magistrate. 155. Liability of buildings, lands, etc., for taxes. 156. Receipts to be given for all payments. 157. Writing off irrecoverable taxes. 158. Recovery of toll and cess on imports. 159. Taxation not to be questioned except under this Act. PART V 2 [Public Health, Safety and Convenience] CHAPTER XIII Public Convenience Municipal Drains Sections 160. Cleansing drains. 161. Places for emptying of drains and disposal of sewage. 162. Provision of means for disposal of sewage. 163. Alteration and discontinuance of drains. Drains and Privies 164. Latrines and urinals. 165. Provisions of drains, privies etc. 166. Repair and closing of drains, privies, latrines, urinals, etc. 167. Power of Commissioner to demolish drains etc. 168. Unauthorised buildings over drains, etc. 169. Removal of latrine, etc., near any source of water-supply. 170. Discharging sewage. 171. Making or altering drains without authority. 172. Power to require removal of nuisance arising from tanks and the like. 173. New buildings not to be erected without drains. 174. Sewage and rain-water drains to be distinct. 175. Rights of owners and occupiers of premises to carry drains through lands belonging to other persons. 176. Obligation of owner of drains to allow use of or joint ownership therein to others. 177. How right of use of joint ownership of a drain may be obtained by a person other than the owner. --7-- 178. Commissioner may authorize person other than the owner of a drain to use the same or declare him to be a joint owner thereof. 179. Power of Commissioner to drain premises in combination. 180. Connecting drains to be constructed at the expenses of owners of premises. 181. Affixing of pipes for ventilation of drains. 182. Right of Corporation to drains constructed a charge of municipal fund. CHAPTER XIV Conservancy 183. Deposit of rubbish, offensive matter, sewage and carcasses. 184. Collection and removal of sewage. Sections 185. Collection and temporary deposit of rubbish and offensive matter by occupiers of premises. 186. Prohibition of accumulations of offensive matter. CHAPTER XV Sanitary Provisions Regulation of Public Bathing, Washing etc. 187. Construction of places for public bathing etc. 188. Prohibition of Corruption of water by steeping therein animal or other matter. 189. Regulation of washing of clothes by washermen. CHAPTER XVI Water Supply 190. General Powers of supplying the City with water. 191. Supply of water. 192. Making connections with municipal water-works. 193. Obligation of owner or occupier to give notice of waste of water. 194. Responsibility for damage caused by leakage of water. 195. Cutting off water-supply to premises. 196. Presumption as to correctness of meter. 197. Injuring water-works, misappropriating water and tampering with meters. 198. Misuse of and leaving open valves and tampering with valves and hydrants. 199. Prohibition of erection of any building which would injure sources of water-supply. 200. Prohibition of bathing in or polluting water. CHAPTER XVII General Provisions with reference to Drainage Water-supply and other Mains 201. Occupier of premises to be primarily liable for certain offence against the Act. 202. Least practicable nuisance to be caused. 203. Power of carrying wires, pipes, drains, etc. 204. Provisions as to wires, pipes or drains laid or carried above surface or ground. 205. Previous notice to be given. 206. Connections with main not to be made without permission of Commissioner. Sections 207. Power of Commissioner to require the owner to make provision for drainage. 208. Power to establish meters and the like. 209. Communication and connections, etc. to be executed subject to inspection by and to the satisfaction of Commissioner. 210. Power of Commissioner to fix scale of charges. --8-- 211. Troughs and pipes for rain-water. 212. Control by Corporation and the Standing Committee. 213. Building not to be erected without permission over drains or water or air mains. 214. Control by the State Government. 215. Power of access to municipal water-works. 216. Compensation for damage. CHAPTER XVIII Public Health Safety Regulation of Factories and Traders 217. Factories not to be established, etc., without permission of Commissioner. 218. Sanitary regulation of factories, etc. 219. Regulation of dangerous and offensive trades. 220. Premises not to be used for certain purposes without a licence. 221. Prohibition of corruption of water by chemicals etc. 222. Inspection of premises used for manufactures, etc. 223. Prohibition of cinematography and dramatic performances except in licensed premises. CHAPTER XIX Market and Slaughter Places 224. Power of Corporation to permit opening of new private markets. 225. Private markets not to be kept open without a licence. 226. Selling animals meat, etc. outside a market without a licence. 227. Power of Corporation to regulate the manufacture, preparation and sale of food and drink. 228. Places for slaughter of animals for sale. 229. Disposal of dead animals. CHAPTER XX Food, Drink, Drug and Dangerous Articles 230. Prohibition of sale of diseased animals or unwholesome articles intended for human consumption. 231. Prohibition of adulterants in places where butter, ghees, etc., are manufactured or stored. Sections 232. Prohibition of sale of certain articles which are not of the prescribed standard of purity. 233. Substitutes. 234. Prohibition of sale, etc., of food or drink not of the nature, substance or quality of the article as represented. 235. Licence required for dealing in milk, etc. 236. Provisions relating to prosecutions. 237. Liability of warrantors. 238. Inspection of place for sale of food or drink and seizure of unwholesome articles or utensils found therein. 239. Destruction of animals and articles seized under section 248. 240. Taking before magistrate of animals and articles seized under section 238. 241. Food, drink or drugs directed to be destroyed deemed to be the property of the Corporation. 242. Application of provisions of this Chapter to other articles. 242A. Sealing of premises carrying on any trade or occupation without licence --9-- CHAPTER XXI On Restraint of Infection 243. Information to be given of existence of dangerous disease. 244. Powers of Medical Officer of Health to inspect places and take measures to prevent spread of dangerous disease. 245. Prohibition of use for drinking or for other domestic purposes of water likely to cause dangerous disease. 246. Power of Medical Officer of Health to remove patient to hospital in certain cases. 247. Power of Medical Officer of Health to disinfect building, tank, pool or well. 248. Power of Medical Officer or Health to destroy huts and sheds. 249. Infected building not to be let without being first disinfected. 250. Provision of places for disinfection, washing or destruction of infected articles and power of Commissioner to disinfect or destroy such articles. 251. Infected articles not to be transmitted, etc. without previous disinfection. 252. Restrictions on carriage of patient or dead body in public conveyance. 253. Disinfection of public conveyance after carriage of patient or dead body. 254. Power of Corporation to take special measures on out-break of dangerous disease or infection epizootic disease. PART VI Sections 255. Town Planning. 3 [Lands, Buildings and Streets] CHAPTER XXII Town Planning --10-- CHAPTER XXIII Building Control 256. Prohibition of erection or re-erection of buildings without permission. 257. Notice of buildings. 258. Commissioner to refuse erection or re-erection of buildings. 259. Grounds on which site of proposed building may be disapproved. 260. Grounds on which permission to erect or re-erect building may be refused. 261. Power of Commissioner to direct modification of a sanctioned plan of a building before its completion. 262. Lapse of sanction after one year from the date of such sanction. 263. Completion certificate and permission to occupy or use. 264. Power of Commissioner to stop progress of building work unlawfully commenced or carried on. 265. Power of Commissioner to direct removal of person from buildings in which works are being unlawfully carried on or which are unlawfully occupied. 266. Erection and use of temporary buildings to be approved by Commissioner. 267. Power to regulate line of buildings. 268. Compensation. 269. Power to require removal or alteration of work not in conformity with bye-laws or any scheme or any other requirement. 270. Bar on jurisdiction. CHAPTER XXIV Dangerous & Insanitary Buildings 271. Provisions regarding building unfit for human habitation. 272. Removal of buildings in dangerous state. 273. Abandoned or unoccupied premises. Sections 274. Reclamation of low-lying sites. 275. Power to prohibit re-erection of building on inaccessible sites. 276. Removal of building materials from any premises in certain cases. 277. Power of Commissioner to call for statement of accommodation. 278. Cleaning and disinfecting of buildings. 279. “Building” to include part of a building for purposes of this Chapter. CHAPTER XXV Streets Public Streets 280. Closing of public streets. 281. Laying railways, skybus, or electrical, telephone poles. 282. Prohibition of projections upon streets. 283. Procedure to be followed by Commissioner on conviction of a person under Section 421. 284. Restriction on powers of municipal authorities in relation to streets. 285. Footings of buildings not to establish title to land belonging to Government or vesting in Corporation. --11-- Obstruction in streets 286. Prohibition of obstructions in streets. 287. Streets not to be opened or broken up and building material not to be deposited therein without permission. 288. Ground floor doors, etc. not to open outwards on street. 289. Power to require removal of old projections. Streets 290. Commissioner may call for further particulars. 291. Level of new street to be determined by Commissioner. 292. New streets not to be made and buildings on either side thereof not to be erected except in accordance with the direction of Commissioner. 293. Levelling, metalling, etc., on streets. Conversion of Streets into Public Streets 294. Power to declare streets when metalled, etc., public streets. 295. Power to construct or maintain public bridges. CHAPTER XXVI General Provision as to Streets and Public Nuisance Sections 296. Power to require protection of streets, during cutting down of trees, erection, demolition of building, etc. 297. Power to attach brackets for lamps. 298. Destroying direction posts, lamp posts, etc. 299. Bill-sticking without permission. 300. Indecent or obscene pictures or printed or written matter. 301. Naming of streets and numbering of houses. 302. Inflammable materials. 303. Roofs and external walls not to be made of inflammable materials. 304. Picketing animals or collecting carts. 305. Driving vehicles without proper lights. 306. Beating drums, etc. 307. Discharging fire-arms. 308. Quarrying, blasting, cutting timber or building. 309. Lopping of branches, etc. of tree or plant on a public place. PART VII CHAPTER XXVII Co-operation of Police 310. Co-operation of Police. 311. Powers of Police to arrest offenders. 312. Power of Superintendent to arrest a person on requisition from Commissioner. 313. Police protection at fairs, etc. CHAPTER XXVIII Prevention and Extinction of Fires 314. Requisition of fire brigade and arrangements for the prevention and extinction of fire. 315. Power of fire brigade and other persons for suppression of fire. 316. Precautionary measures for places of public entertainment. --12-- CHAPTER XXIX Dangerous Animals Sections 317. Disposal of mad and stray dogs and other animals. 318. Allowing dogs to be at large. 319. Letting loose horse or other animals. CHAPTER XXX Beggars 320. Soliciting alms. 321. Importing beggar. PART VIII CHAPTER XXXI Procedure Licences and written permissions 322. Licences and written permissions. Evidence 323. Proof of consent, etc., of municipal authorities or municipal officers. Signature and Service of Notices, etc. 324. Signature on notices, etc., may be stamped. 325. Service of notice, etc., how to be effected on owner or occupier of premises. 326. Service of notice, etc., how to be effected on any person otherwise than as owner or occupier of premises. 327. The two preceding sections, inapplicable to Magistrate’s summonses. Powers of Entry and Inspection 328. Power of entry on premises for purposes of inspection, survey or execution of necessary work. 329. Power of entry on lands adjacent to works. 330. Right of entry into and inspection of premises licensed for any purpose. 331. Prohibition of obstructing entry. Enforcement of Orders to Execute Works, etc. 332. Execution of work which any person is required to execute by Commissioner at such person’s cost. Recovery of Expenses Sections 333. Power of Commissioner to accept agreement for payment of expenses in installments. 334. Execution of work by occupier in default of owner and deduction of expenses from rent. 335. Limitation of liability of agent or trustee or owner. --13-- Payment of Compensation 336. General power of Commissioner to pay compensation. 337. Compensation to owner for value of immovable property deteriorated. 338. Principle on which and manner in which compensation should be determined. Complaint on Injury 339. Procedure on complaint of injury. 340. Compensation to be paid by offenders against this Act for any damage caused by them. Recovery of Expenses or Compensation in case of Disputes 341. Reference by Commissioner to the District Court, North Goa at Panaji. 342. Application to District Court. 343. Recovery of sums ascertained under section 366 to be due. 344. Saving of right to claim damages for injury. Recovery of Certain Dues 345. Recovery of certain dues by distress and sale. 346. If the defaulter is the owner of premises in respect of which expenses are payable the occupier may also be liable for payment thereof. Proceedings before Courts 347. Decision of the District Court. 348. Procedure in inquiries before Civil Courts. 349. Fees in proceedings before Civil Courts. 350. Limitation of time. Proceedings before Magistrates 351. Procedure in prosecution. 352. Power of Magistrate to hear case in absence of accused. 353. Limitation of time for prosecution. Legal Proceedings Sections 354. Power of Commissioner to institute legal proceedings and obtain legal advice. 355. Notice, limitations and tender of amends in suit against Corporation, etc. 356. Bar to grant of injunctions. 357. Indemnity of Acts done in good faith. Appeals 358. Order passed under this Act and the rules thereunder. 359. Appeals and revisions. CHAPTER XXXII Supplemental Provisions 360. Power of State Government to include certain areas within the limits of the City. 361. Effect of inclusion. 362. Exclusion of specified areas from the operation of certain provisions. General Provisions 363. Power of authority to require any one or more of a number of things to be done. 364. Determination of owner or occupier where there are gradations of owners or occupiers. --14-- 365. Councillors and Municipal Officers, etc., to be deemed public servants. 366. Prohibition of obstruction to municipal contractors. 367. Prohibition of removal of mark. Construction of References 368. Construction of References. Supplemental Provisions 369. Informalities and error in assessments, notices, bills, etc., not to be deemed to invalidate assessment, etc. 370. Disputes between Corporation and local authorities. 371. Disputes between State Government and Corporation. PART IX CHAPTER XXXIII Control 372. Power of State Government to require returns etc. 373. Power of State Government to depute officers to make inspection or examination and report. Sections 374. Power of State Government to require municipal authority to take action. 375. Procedure by State Government when municipal authority fails to take action. 376. Power to demand punishment or dismissal. 377. Power to prevent extravagant establishment. 378. Power of State Government to suspend any resolution or order. 379. Power of Government to supersede Corporation in case of incompetency or default or excess or abuse of power. 380. Consequences of dissolution. 381. Reconstitution of Corporation. 382. Control of the State Government. 383. Enforcement of orders. 384. Certain officials entitled to attend meetings of Corporation or Standing Committee. 385. Rules for inspection of institution and works of Corporation. PART X CHAPTER XXXIV Bye-laws 386. Bye-laws. 387. Penalties for breach of Bye-laws. 388. Conditions precedent to the making of bye-laws. 389. Bye-laws to be subject to sanction of State Government. 390. Publication of bye-laws and rules in Gazette and effect of such publication. 391. Power of State Government to make rules. PART XI CHAPTER XXXV Punishment of Offences 392. Certain offences punishable with fine. --15-- 393. Punishment of certain offences. 394. Power of Corporation in the event of non-compliance. 395. Penalty for obstruction. 396. Punishment for acquiring share of interest in contract, etc., with Corporation. 397. Punishment for essential officer leaving employment. 398. Penalty for disobedience of orders of Corporation authorities. PART XII CHAPTER XXXVI Election Petitions Sections 399. Election petitions to be heard and disposed of by District Court. PART XIII CHAPTER XXXVII Transitory Provisions 400. Transitory provisions. 401. Removal of Difficulties 402. Overriding Effect SCHEDULE SCHEDULE I CHAPTER XXXVIII Removal of Difficulties --16-- The City of Panaji Corporation Act, 2002 (Goa Act 1 of 2003) [21-1-2003] AN ACT To provide for and constitute a Municipal Corporation for a Larger Urban area for Panaji Municipal area and other developed areas. BE it enacted by the Legislative Assembly of Goa in the Fifty-third year of the Republic of India as follows:— PART I CHAPTER I Preliminary 1. Short title, extent and commencement.— (1) This Act may be called as the City of Panaji Corporation Act, 2002. (2) This Act shall apply to the areas specified in Schedule I of this Act: Provided that the State Government may by notification declare that any area or any part thereof, not forming a part of the city of Panaji Corporation, to be a Panchayat area under the Panchayat Raj Act. 4 [(3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf and different dates may be appointed for such or different areas of Schedule I, different Chapters or sections of this Act.] 2. Repeal of enactment.— (1) Subject to Section 1, on the commencement of this Act, the areas presently included in the Schedule I shall, save as hereinafter provided, be deemed to have been withdrawn from the operation of the Goa Municipalities Act, 1968 or the Goa Panchayat Raj Act, 1993 as the case may be. (2) This withdrawal shall not affect the validity of anything done or suffered, or any right, title, or proceedings, obligation or liability accrued, before the commencement 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.— (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 Panaji and village panchayat areas indicated in Schedule I, before this Act comes into force 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, bye-law, form, notification, notice, tax, fees, levy, scheme, order, licence or permission/legal proceedings, process made, issued, imposed, sanctioned or given under the Goa Municipalities Act, 1968, or Goa Panchayat Raj Act, --17-- 1993, shall so far as it relates to the Municipality of Panaji or any panchayat area mentioned in Schedule I and so far as it is in force at the commencement 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, under this Act remain in force for the period, if any, for which it was so made, issued, imposed, sanctioned or given: Provided however, in matters concerning construction, sale of articles, trading and in all other matters the presently existing bye-laws applicable to Panaji Municipal Council immediately prior to commencement of this Act, shall continue to apply to the Corporation area until new bye-laws are framed under this Act and the earlier bye-laws made applicable under this Act are repealed or superseded; (3) All rates, taxes, fees, levies and sums of money, due to the Municipality of Panaji or any panchayat area mentioned in Schedule I when this Act comes into force, 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 Panaji or any panchayat area mentioned in Schedule I may be continued by or against the Corporation. 4. Provisional appointment of Commissioner.— The State 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 as the Commissioner until that officer is appointed under section 48. 5. Definitions.— In this Act, unless there is anything repugnant to the subject or context:— (1) “Administrator” means an Administrator appointed by the State Government under Section 380 of this Act, to exercise the powers and to perform the duties of the Corporation and its authorities; (2) “Assembly constituency” means constituency provided by law for the purpose of elections to the Goa Legislative Assembly, or any part thereof, which is for the time being comprised in the City; (3) “Assembly roll” means the electoral roll prepared for any Assembly Constituency in accordance with the provisions of the Representation of the People Act, 1950; (4) “assessment list” means any municipal assessment register prescribed by section 122 of this Act and includes any register subsidiary thereto; (5) “authorized” means authorized by the Corporation either generally or specially; (6) “bakery” means any place in which bread or confectionery including biscuits is baked, cooked or prepared in any manner whatsoever for purposes of profit or sale; (7) “budget grant” means a sum entered on the expenditure side of a budget estimate which has been finally adopted by the Corporation, and includes any sum by which such budget grant may at any time be increased under sections 88, 89 or 90 of this Act; --18-- (8) “building” includes a house, outhouse, stable, hut, shed or other enclosure, whether used as a human dwelling or otherwise and shall include also verandahs, fixed platforms, plinths, door-steps, walls and the like; (9) “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; (10) “The Commissioner” means the Municipal Commissioner for the City appointed under section 48 and includes an acting Commissioner appointed under the Act and 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; (11) “City of Panaji” or “the City” means the large urban area specified in the notification issued in this respect under clause (2) of Article 243 Q of the Constitution of India, known by the name of the City of Panaji; (12) “Closet accommodation” means a receptacle for human excreta, together with the structure comprising such receptacle and the fitting and apparatus connected therewith; (13) “the Corporation” or “Corporation Area” means the Municipal Corporation of the City of Panaji constituted or deemed to be constituted under this Act; (14) “Councillor” means any person who is duly continued under this Act or elected as a member of the Corporation under this Act; and includes, a nominated Councillor who shall not have the right:- (i) To vote at any meeting of the Corporation and committees of the Corporation; and (ii) To get elected as a Mayor or a Deputy Mayor of the Corporation or a chairperson of any of the Committees of the Corporation; (15) “dangerous diseases” means cholera, plague, tuberculosis, diphtheria, malaria, and any disease which the Corporation or the State Government may, by public notice, declare to be a dangerous disease for the purpose of this Act; (16) “District Court” means the District Court, constituted for the North Goa district; (17) “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 water, sullage, waste water, drain water 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; (18) “drug” means any substance used as medicine or in the composition or preparation of medicines, whether for internal or external use; (19) “eating-house” means 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 any person owing or having an interest in or managing such premises; (20) the expression “erect or re-erect any building” with its grammatical variations and cognate expressions includes: --19-- (a) any material alteration or enlargement of any building; (b) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation; (c) the conversion by structural alteration of one or more places of human habitation into a greater number of such places; (d) the conversion by structural alteration of two or more places of human habitation into a lesser number of such places; (e) such alteration of the internal arrangement of a building as effects a change in its drainage or sanitary arrangements or affects its stability; (f) the addition of any rooms, buildings, out-houses or other structure to a building; (g) the reconstruction of the whole or any part of the external walls of a building or the renewal of the posts of wooden buildings; (h) any change over ground or in land; (21) the expression “essential officer or servant” means every person employed in the municipal corporation in a service declared to be essential by the Commissioner; (22) “factory” has the meaning assigned to it under the Factories Act, 1948; (23) “Finance Commission” means the Finance Commission constituted in accordance with the provisions of Article 243-I of the Constitution of India; (24) “food” includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enter into or is used in the composition or preparation of human food; and also includes confectionery, flavouring and colouring matters and spices and condiments; (25) “keeper” means the person in charge of a lodging-house, and may include the owner for the purposes of any rules or bye-laws made under this Act; (26) “land” includes land which is being built upon or is built upon or covered with water; (27) “licensed plumber”, “licensed surveyor” and “licensed architect” mean, respectively, a person licensed by the Corporation as a plumber or surveyor or architect under this Act; (28) “lodging — house” means a building or part of a building which is let for lodgings; (29) “market” includes any place within the City where persons assemble for the sale of meat, fish, fruit, vegetables, live-stock or any other article of food; or commodity and is declared to be so by the Commissioner; (30) “municipal drain” means a drain vested in the Corporation; (31) “municipal market” means a market vested in or managed by the Corporation; (32) “municipal slaughter-house” means a slaughter-house vested in or managed by the Corporation; --20-- (33) “municipal tax” means any impost levied by the Corporation under the provisions of this Act; (34) “municipal water-works” means a water-work vested in or managed by the Corporation; (35) “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 which is or may be dangerous to life or injurious to health or property; (36) “occupier” includes any person for the time being paying, or liable to pay, to the owner the rent, fees or compensation or any portion of the rent, fees or compensation of the land or building in respect of which the word is used or damages on account of the occupation of such land or building, and also an owner living in, or other-wise using, his own land or building and a rent-free tenant or a person declared to be a Mundkar under the Goa, Daman & Diu Mundkars (Protection from Eviction) Act, 1976; (37) “offensive matter” includes animal carcasses, dung, dirt, putrid or putrefying substances, and filth of any kind which is not included in “sewage” as defined in this section; (38) “Other Backward Classes” means such classes or parts of or groups within such classes as are declared, from time to time, by the State Government to be Other Backward Classes (excluding creamy layer). (39) “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 thereof were let to a tenant; (40) “population” means the population as ascertained at the last preceding Census of which the relevant figures have been published; (41) “prescribed” means prescribed by rules or bye-laws made under this Act; (42) “public analyst” means any person to be appointed by the Corporation to perform the duties and to exercise the power of a public analyst prescribed under this Act; (43) “public place” includes any public park or garden, or any ground to which the public have or are permitted to have access; (44) the expression “public securities” means Government securities and any securities guaranteed by Government, securities issued by the Corporation and any other securities which the State Government may declare to be public securities for the purposes of this Act; (45) “public street” means any street— (a) heretofore levelled, paved, metalled, channelled sewered or repaired out of municipal or other public funds; or (b) which under the provisions of section 294 is declared to be, or under any other provision of this Act becomes, a public street; and includes --21-- (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; (46) “registered trade union” means a trade union registered under the Indian Trade Unions Act, 1926; (47) (a) 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 or the intention of returning to it; (48) “rubbish” includes dust, ashes, broken bricks, mortar, glass, garden or stable refuse or refuse of any kind which is not “offensive matter” or “sewage” as defined in this section; (49) “sewage” means night-soil and other contents of water-closets, latrines, privies, urinals, cesspools, or drains and polluted water from sinks, bath-rooms, stables, cattle- sheds and other like places, and .includes trade effluents and discharges from manufactories of all kinds; (50) “sewage connection” includes any drain set up by the Corporation or the State Government connecting any watery closets, latrines, privy, urinals, bath-room, sink, manhole or tap with any drain set apart by the Corporation for sewage and other offensive matter; (51) “State Election Commission” means the State Election Commission consisting of the State Election Commissioner appointed in accordance with the provisions of clause (I) of Article 243-K of the Constitution of India; (52) “street” means any road, land, gully, alley, passage, pathway, square or Court whether a thoroughfare or not, which is accessible to the public whether permanently or temporarily; and includes every vacant space, notwithstanding that it may be private property and obstructed wholly or partly by any gate, post, chain or other barrier, if houses, shops, or other buildings abut thereon and if it is used by any persons whether occupiers of such buildings or not, as a means of access to or from any public place or thoroughfare but shall not include any part of such vacant space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid; (53) “street line” means a line dividing the land comprised in and forming part of a street from the adjoining land; (54) “traffic sign” includes all signals, warnings signposts, direction posts, signs or other devices, erected by any person or authority authorized by law to do so, for the information, guidance or direction of persons using roads or of wheeled and other traffic; --22-- (55) “vehicle” means a wheeled conveyance capable of being used on the street; (56) “Wards Committees” means the Wards Committees constituted under section 41; (57) “water-closet” means closet accommodation used or adapted or intended to be used in connection with Government or municipal water works and comprising provisions for the flushing of the receptacle by means of a water-supply and having connection with a sewer; (58) “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 Corporation or Government; (b) the water-pipe connecting such tank, cistern, hydrant, stand pipe, meter or tap with such water-main or pipe; (59) “water for domestic purposes” shall not include water for cattle, or for washing vehicles where the cattle 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 or commercial purposes; (60) “water-work” includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, whether covered or open, sluice main-pipe, culvert, engine and anything for supplying or used for supplying water; (61) “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 therein has the right of access or control, 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, operation or manufacturing for the following purposes:— (i) the making of any article or part thereof; or (ii) the altering, repairing, ornamenting or finishing of any article; or (iii) the adapting for sale of any article. PART II Constitution and Government CHAPTER II The Municipal Authorities 6. Municipal authorities charged with the execution of this Act.— The Municipal authorities charged with carrying out the provisions of the Act shall be— (a) the Corporation; (b) the Standing Committee; (c) the Commissioner. 7. Incorporation of Corporation.— The Corporation shall by the name of the Corporation of the City of Panaji be a body corporate, and have perpetual succession and a common seal, and shall by that name sue and be sued. --23-- 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 made thereunder, to transfer any property held by itself and to enter into contracts and to do all other things necessary for the purposes of this Act. 9. Constitution of Corporation and division of City into wards.— (1) The Corporation shall consist of:— (a) 5Thirty Councillors directly elected at ward elections; (b) Five nominated Councillors having special knowledge or experience in municipal administration, engineering, architecture, archaeology, heritage, etc., nominated by the State Government by a notification. (2) The 6“Director of Municipal Administration” with the approval of the State Government shall, from time to time by notification in the Official Gazette, specify for the City the number and boundaries of the wards into which the City shall be divided for the purpose of the ward election of Councillors, and the number of Councillors to be elected for each ward: Provided that, the provisions made under sub-section (1) or notification issued under sub-section (2) shall not have effect until the expiry of the duration of the existing term of the Corporation. 10. Reservation of seats.— (1) In the seats to be filled in by election in the Corporation there shall be seats reserved for persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes and women, as may be determined by the State Election Commissioner, in consultation with the Government; (2) The seats to be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in the Corporation shall bear, as nearly may be, the same proportion to the total number of seats to be filled in by direct election in the Corporation as the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes, in the Corporation area bears the total population of that area and such seats shall be allotted by rotation to different wards in the Corporation: Provided that, one-third of the total number of seats so reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes: Provided further that, where only one seat is reserved for Scheduled Castes, or, as the case may be the Scheduled Tribes, then no seats shall be reserved for women belonging to the Scheduled Caste, or as the case may the Scheduled Tribes and where only 2 seats are reserved for the Scheduled Caste or, as the case may be, the Scheduled Tribes, one of the 2 seats shall be reserved for women belonging to the Scheduled Caste, or as the case may be, the Scheduled Tribes. (3) The seats to be reserved for persons belonging to the category of Other Backward Classes shall be twenty seven per cent of the number of seats to be filled in by election in the Corporation and such seats shall be allotted by rotation to different wards in the Corporation: --24-- Provided that, one-third of the total number of seats so reserved shall be reserved for women belonging to the category of Other Backward Classes. (4) One-third (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the category of Other Backward Class) of the total number of seats to be filled in by direct election in the Corporation shall be reserved for women and such seats shall be allotted by rotation to different wards in the Corporation. (5) The reservation of seats (other than the reservation for women) under sub-section (2) shall cease to have effect on the expiration of period specified in Article 334 of the Constitution of India. 11. State Election Commission.— (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to the Corporation shall vest in the State Election Commissioner; (2) The State Election Commissioner may, by order delegate any powers and functions to any officer of the Commission or any officer of the State Government not below the rank of Deputy Collector or to any officer of the Corporation not below the rank of Assistant Commissioner; (3) All the officers and members of the staff appointed or deployed for preparation of electoral rolls and conduct of election of the Corporation under this Act and the rules shall function under the superintendence, direction and control of the State Election Commissioner; (4) Notwithstanding anything contained in this Act and the rules, the State Election Commissioner may issue such special or general orders or directions which may not be inconsistent with the provisions of this Act or any other law or rules for fair and free elections. 12. Power of State Election Commissioner to issue directions to prevent impersonation.— The State Election Commissioner may, with a view to prevent impersonation of electors at the time of election, issue such directions, as he thinks fit, to the presiding officers and such directions may include instructing the electors to produce, at the time of polling, the photo identity cards issued to them under the provisions of the Representation of the Peoples Act, 1951. 13. Preparation of municipal election roll.— The Assembly roll for the time being in force, on such date as the State Election Commissioner may, by general or special order notify, shall be divided by the State Election Commissioner into different sections corresponding to different wards in the City; and a printed copy of each section of the roll so divided and authenticated by the State Election Commissioner or an officer authorized by him, shall be the ward roll for each ward. 14. Qualifications of candidates.— (1) Every person who is enrolled in the municipal electoral roll as a voter for a ward shall be qualified to be a Councillor, and to be elected either from such ward or from any other ward. (2) Any person who ceases to be a Councillor shall, if qualified under sub-section (1), be eligible for re-election as such. --25-- 15. Disqualifications of candidates.— No person shall be eligible for election, as a Councillor if he— (a) is not a citizen of India; or (b) has been adjudged by a competent Court to be of unsound mind; or (c) has, at any time, been convicted of an offence punishable under section 153A, or sub-section (2) or (3) of section 505, of the Indian Penal Code: Provided that, such disqualification shall be for a period of six years from the date of such conviction; or (d) has been convicted by a Court in India of any offence involving moral, turpitude, unless a period of six years has elapsed since the date of such conviction; or (e) has been dismissed from the service of the Government for misconduct and has been declared to be disqualified for employment in the public service; or (f) has been dismissed for misconduct from the service of any municipal Corporation, municipal committee, notified area of committee, district council or local board and has been declared by the State Government to be disqualified for employment in the public service; or (g) has been so disqualified by or under any law,— (i) for the time being in force for the purposes of elections to the Legislature 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; (ii) made by the Legislature of the State of “Goa”. (h) holds any salaried office under or place of profit of the Corporation or any other local authority, while holding such office or place; or (i) has directly or indirectly any share or interest in any contract with, by or on behalf of the Corporation while owning such share or interest: Provided that a disqualification under clause (e), (f), or (i) may be removed by an order of the State Government in this behalf. Explanation:— A person shall not, by reason of being a share holder in or a member of any incorporate or registered company, be deemed to be interested in any contract entered into between the company and the Corporation. (j) interferes or in any way acts prejudicial to the interest of the Corporation or the State Government, including by making attempts to stall or in any way obstruct the performance of duties, functions or powers exercised by any officials of the Corporation or the State Government, including acts of demolition of illegal structures. 16. Notification of election, of Councillors, Mayor and Dy. Mayor.— Every election, of a Councillor, and every election of the Mayor or Deputy Mayor shall be notified in the prescribed manner and such persons shall enter in their respective offices from the date specified for that purpose in such notification. --26-- 17. Duration of the term of the Corporation.— (1) The Corporation shall, unless sooner dissolved, continue for a period of five years from the date appointed for its first meeting and no longer. 7[(1A) At the first meeting of the Corporation, every Councilor shall take oath of office in such form, and before such officer, as the Government may, by notification in the Official Gazette, specify. No Councilor who has not taken such oath shall vote or take part in the proceedings of any meeting of the Corporation.] (2) A Corporation formed immediately after the commencement of this Act shall continue for a period of one year 8“from the date of its constitution” or until the new elections are held under the provisions of this Act, whichever is earlier: Provided however, the State Government may extend the term of the Corporation referred to in sub-section (2) above not beyond a period of 9[two years], after the expiry of one year, for exceptional reasons. 18. Term of Office of Councillors.— Except as provided for in the transitory provisions hereinafter made, the term of office of the Councillors shall be co-terminus with the duration of the Corporation. 10“Provided that the term of office of the Councillors of the Corporation formed immediately after the commencement of this Act shall in no case extend beyond the period of two years and six months from the date of constitution of the Corporation; Provided further that after the expire of set period of two years and six months, the consequences as laid down in section 380 of this Act shall ensure.” 19. Election to constitute Corporation.— An election to constitute the Corporation shall be completed:— (a) before the expiry of its duration of five years as specified in section 17; (b) in the case of dissolution of the Corporation, before the expiration of a period of six months from the date of its dissolution. 20. Filling up of casual vacancies.— In the event of failure to accept office by a person elected, to be a Councillor, or of the death, resignation or vacancies or disqualification of a Councillor, or of his becoming incapable of acting before the expiry of his term of office, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled as soon as conveniently may be but not later than six months by the election, of a person thereto as Councillor, who shall take office forthwith and shall hold such office in the unexpired term of his predecessor. 21. Effect of subsequent disabilities.— If any person having been elected, a Councillor— (a) subsequently becomes subject to any of the disqualifications specified in section 15 and such disqualification is not removable or being removable is not removed, or (b) absents himself during three consecutive months from the meetings of the Corporation, except from temporary illness or for any other cause which the Corporation may consider sufficient to justify such absence, or --27-- (c) is retained or employed in any professional capacity in connection with any matter to which the Corporation is a party, or (d) absents himself during six consecutive months from the meetings of the Corporation, or (e) fails to pay any arrears of any kind due by him to the Corporation within three months after a special notice in this behalf has been served upon him by the Chief Executive Officer, such person shall cease to be a Councillor and the State Government shall, by notification, declare his seat to be vacant. 22. Election of Mayor and Deputy Mayor.— The elected Councillors of the Corporation shall, at the first meeting of the Corporation each year, elect from amongst themselves, a Mayor and a Deputy Mayor. “1122A. Honoraria or allowances to Mayor, Dy. Mayor and Councillors of the Corporation.— The Mayor, Dy. Mayor and Councillors of the Corporation may be paid such honoraria or other allowances by the Corporation, as may be prescribed by rules made by the Government.” 23. Removal of Councillor.— (1) Any Councillor (which term for the purposes of this section shall include the Mayor or Deputy Mayor) who becomes subject to any of the disqualifications specified in section 21, shall forthwith cease to be a Councillor and his office shall become vacant: Provided that where a person who, by reason of a sentence of a Court, becomes disqualified by virtue of clause (d) of section 15 is at the date of disqualification a Councillor, his seat shall, notwithstanding anything in this section, not become vacant by reason of the disqualification until three months have elapsed from the date of such sentence or, if within those three months of such date an appeal or petition for revision is brought in respect of the conviction or the sentence, until that appeal or petition is disposed of, but during any period during which he continues to be a Councillor by virtue of this provision, he shall not sit or vote; (2) If any question arises whether a vacancy has occurred under sub-section (1), it shall be decided by the State Government and its decision shall be final; (3) The State Government may at any time remove a Councillor — (a) if he refuses to act, or becomes incapable of acting, or absents himself without sufficient excuse for more than three consecutive meetings of the Corporation, and if the Corporation recommends his removal by a majority of two-thirds of the Councillors; or (b) if his continuance in office is undesirable in the interests of the public or of the Corporation, and if the Corporation recommends his removal by a majority of two-thirds of the Councillors. (4) The State Government may at any time remove a Councillor if he, being a legal practitioner, acts or appears on behalf of any other person against the Corporation in any legal proceeding or against the State Government in any such proceeding relating to any matter in which the Corporation is or has been concerned, or acts or appears on behalf of --28-- any person in any criminal proceeding instituted by or on behalf of the Corporation against such person; (5) No order under sub-section (3) or sub-section (4) shall be passed until reasonable opportunity of fifteen days has been given to the person concerned to furnish an explanation. (6) Removal from office under sub-section (3) or sub-section (4) shall disqualify the person so removed for further election, selection, or appointment to the office from which he is removed for the period during which, but for such removal, he would have continued in office. 24. Procedure in case of non-payment of Corporation 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 Councillors (which term for the purposes of this section shall include the Mayor and Deputy Mayor), 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 thirty days from the date of service of such notice; and (c) submit a copy of the list to the State Government. (2) On receipt of the list, the State Government shall, if it finds that a notice of demand has not been issued to any person on the list, serve him with a special notice of demand requiring him to pay the arrears within thirty days from date of the service thereof; (3) If on receipt of the notice referred to in sub-section (1) or sub-section (2) the Councillor fails to pay within three months the arrears of any tax specified in the notice, he shall cease to be a Councillor and his office shall be vacant; and he shall be disqualified for further election, selection or appointment to such office until the arrears due by him are paid and a certificate to that effect is granted to him in the prescribed manner; (4) The State Government may make rules under this Act providing for all matters connected with the administration of this section. CHAPTER III Conduct of Business Transaction of Business by the Corporation 25. Meetings.— The Corporation shall meet at least once every month or when so directed by the State Government for the transaction of business. 26. First meeting after general election.— After every general election, notwithstanding anything contained in this Act, the Commissioner shall call the first meeting of the Corporation on the date specified in the notification issued under section 16, to elect the Mayor, the Deputy Mayor, the Standing Committee and the Special Consultative Committees. --29-- 27. Convening of meetings.— (1) A meeting of the Corporation shall be either ordinary or special. (2) The date of every meeting, except the meeting referred to in section 26, shall be fixed by the Mayor, or in the event of his being incapable of acting then by the Deputy Mayor, and in the like event in his case then by the Commissioner: Provided however, when directions are issued by the State Government, for the Corporation to meet, the Commissioner shall fix the time and date of such meeting. (3) Notice of every meeting specifying the time and place thereof and the business to be transacted thereat shall be dispatched to every Councillor and exhibited at the municipal office seven clear days before an ordinary meeting and three clear days before a special meeting: Provided that if the notice is 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 when such meeting is held under the directions of the State Government. 28. Power of Mayor and Deputy Mayor to call special meeting.—The Mayor, or in any such event as aforesaid, the Deputy Mayor, may whenever he thinks fit call a special meeting, and shall be bound to do so within two weeks of the receipt of a written requisition signed by not less than three members of the Standing Committee. 29. Adjournments.— Any meeting of the Corporation may, with the consent of a majority of the Councillors present or under the directions of the State Government, be adjourned 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 posted in the municipal office on the day on which the meeting is adjourned shall be deemed sufficient notice of the next ensuing meeting. 30. Public to be admitted to the meeting of Corporation.— (1) Members of the public shall be admitted to the meeting of the Corporation: Provided that the Corporation may temporarily exclude the public from a meeting as often as may be desirable at any meeting when in the opinion of a majority of the Councillors present at such meeting expressed by resolution, in view of the special nature of the business then being dealt with or about to be dealt with, such exclusion is advisable. (2) Such resolution shall be put by the presiding authority of its own motion or at the request of any Councillor, without previous notice or discussion. (3) Nothing in this section shall be construed to limit or abridge the power of the presiding authority at any time to cause any person who interrupts the proceedings to be removed. 31. Chairman of meeting.— (1) At a meeting of the Corporation the Mayor, if present, shall preside. --30-- (2) If the Mayor is absent from a meeting of the Corporation the Deputy Mayor shall preside. (3) If both the Mayor and Deputy Mayor are absent from the meeting of the Corporation, the members present shall choose one of their members to preside. (4) In the case of an equality of votes the person presiding at the meeting shall have a second or a casting vote. 32. Quorum.— (1) The Quorum for the meeting of the Corporation shall be ten members. (2) If at any meeting there are at any time not sufficient members present to form a quorum, the President of the meeting shall adjourn it to such time or date as he thinks fit and announce the same at once; and the business set down for the meeting shall be brought forward in the usual manner at the subsequent meeting, or if the subsequent meeting should be adjourned, then at any meeting thereafter 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 any such subsequent meeting. (4) A notice of an adjournment exhibited in the municipal office on the day on which the meeting is adjourned shall be sufficient notice of the subsequent meeting. 33. Disability of Councillors 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 spouse 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 or his spouse 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 Standing Committee 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 purposes of this section a person shall (subject as hereinafter in this sub- -section provided) be treated as having indirectly a pecuniary interest in a contract or 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 a 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: --31-- 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, by 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; or (e) the occasional sale to the Commissioner on behalf of the Corporation, to a value not exceeding in any one financial year five thousand rupees, of any article in which he regularly trades. 34. 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 reminder of the day’s meeting; and if he is ordered a second time within fifteen days to withdraw, the presiding authority may suspend him for any period not exceeding fifteen 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 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 not exceeding three days. (3) If any person who has been ordered to withdraw, unlawfully remains in the meeting, the presiding officer may take such steps as he may deem fit to cause him to be removed. 35. Constitution of Standing Committee.— The Standing Committee shall consist of six Councillors. 36. Election of Standing Committee.— (1) The Corporation shall, at its first meeting each year, elect six out of its number to be members of the Standing Committee. Members of the Standing Committee shall, subject to the provisions of section 40, hold office until the first meeting of the Corporation in the next following year. --32-- (2) Any Councillor who ceases to be a member of the Standing Committee shall be eligible for re-election. 37. Election of the Chairman of Standing Committee.— (1) The Standing Committee shall at its first meeting elect one of its members to be Chairman of the Standing Committee until a new Standing Committee is constituted. (2) In the absence of the Chairman the members of the Standing Committee present shall choose one of their members to preside over their meeting. (3) A member of the Standing Committee who ceases to be Chairman shall be eligible for re-election as such. (4) If any casual vacancy occurs in the office of the Chairman, the Standing Committee shall, as soon as it is convenient can after the occurrence of such vacancy, elect one of its members to fill the vacancy and every Chairman so elected shall continue in office for the unexpired term of his predecessor. 38. Absence from meeting of Standing Committee.— Any member of the Standing Committee who absents himself from all meetings of the Standing Committee during two consecutive months shall cease to be a member of the Standing Committee, and his office as such member shall be vacant, and he shall not be eligible for re-election to the Committee during the unexpired term of the Corporation. 39. Casual vacancies in the Standing Committee.— If any casual vacancy occurs in the office of a member of the Standing Committee, the Corporation shall, as soon as may be after the occurrence of such vacancy, elect one of its member to fill the vacancy and every Councillor so elected shall continue in office for the unexpired term of his predecessor. 40. Each Standing Committee to continue in office till a new Committee is constituted.— The Standing Committee in existence on the day for the retirement of Councillors shall continue to hold office until such time as a new Standing Committee is constituted under section 36 notwithstanding that the members of the said Committee, or some of them, may no longer be Councillors. 41. Constitution of Wards Committees.— (1) There shall be constituted not more then seven Wards Committees for the City of Panaji, each comprising such contiguous electoral wards, as may be decided by the Corporation. (2) Each Wards Committee shall consist of:— (a) the Councillors representing the electoral wards within the territorial area of the Wards Committee; (b) the officer-in-charge of the territorial area of the Wards Committee, if any; (c) such number of other members not exceeding three, nominated by the Councillors referred to in clause (a), from amongst the members of recognised non-Government Organisations and community based Organisations engaged in social welfare activities working within the area of the Wards Committee: Provided that such persons are registered as electors in the Wards within the jurisdiction of the Wards Committee: --33-- Provided further that, the norms for recognition of the non-Government Organisations, the requisite qualification for nomination as members and the manner in which they are to be nominated shall be such as the State Government may prescribe. (3) The duration of the Wards Committee shall be co-terminus with the duration of the Corporation. (4) The elected Councillors referred to in clause (a) of sub-section (2) shall at the first meeting of the Wards Committee in each financial year, elect from amongst themselves the Chairperson who shall hold office until the first meeting in the next following financial year. (5) The Chairperson of the Wards Committee shall be deemed to have vacated the office as soon as he ceases to be a Councillor. (6) In the event of the office of the Chairperson falling vacant before the expiry of its term, the Wards Committee shall elect a new Chairperson: Provided that the Chairperson so elected shall hold office so long only as the Chairperson in whose place he is elected would have held office if such vacancy had not occurred. (7) The functions of the Wards Committee shall, subject to the general supervision and control of the Corporation be:- (a) the speedy redressal of common grievances of citizens connected with local and essential municipal services like water supply, drainage, sanitation and storm water disposal; (b) to consider and make recommendations on the proposals regarding estimates of expenditure pertaining to the wards under different heads of accounts of the budget before being forwarded to the Commissioner; (c) to grant administrative approval and financial sanction to the plans for municipal works to be carried out within the territorial area of the Wards Committee costing upto rupees five lakhs, provided that a specific provision exists therefore in the budget sanctioned by the Corporation. (8) Notwithstanding anything contained in sub-section (7), the Corporation may, by resolution, delegate to a Wards Committee such other powers, authority and functions as it may deem fit and expedient; (9) The Wards Committee shall meet at least once in every month at its Ward Office, if any, or in the Corporation Office. Special Consultative Committees 42. Special Consultative Committees, their term, election and filling of casual vacancies.— (1) There shall be three Special Consultative Committees each consisting of not less than three and not more than seven Councillors, namely:— (a) a Public Works Committee to which may be referred for inquiry and report, or for opinion, any matter connected with roads, buildings, lighting, public parks and gardens; --34-- (b) a Public Health and Markets Committee to which may be referred for inquiry and report, or for opinion, any matter connected with public health and safety, health of animals in the City, sanitation, markets, slaughter-houses, vaccination, the disposal of rubbish and offensive matter, and the regulation of dangerous and offensive trades; (c) a Hospital Committee to which may be referred for enquiry and report, or for opinion, any matter relating to hospitals and dispensaries and medical and public health administration in the City. (2) The term of office of every Committee mentioned in sub-section (l) shall be one year. (3) At the first meeting after every general election the Corporation shall elect from among its Councillors members to serve on the Committees in sub-section (1). (4) If casual vacancies reduce the number of members of a Committee below the minimum, the Corporation shall elect members to the vacancies from among the Councillors, and such members shall hold office for the unexpired term of the Committees. 43. Election of Special Committees for consultative purposes.— The Corporation may also elect from time to time for such period as it may think fit, Special Committees including the Women and Child Welfare Committee, so however that the number of such Committees shall not exceed five and each such Committee shall consist 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 purposes of this Act: Provided that, on the Women and Child Welfare Committee not less than seventy-five per cent of the members shall be from amongst women Councillors: Provided further that, the chairperson and the Deputy Chairperson of the women and Child Welfare Committee shall be from amongst the women Councillor members thereof. Explanation:— For the purpose of computing the number of members at seventy-five per cent., fraction, if any, shall be rounded off to one. 44. Decision of questions by majority of votes.— Except otherwise provided by or under this Act, any questions brought before any meeting held under this Act, shall be decided by a majority of the votes of the members present, and, in the case of an equality of votes, the presiding authority at the meeting shall have a second or casting vote: Provided that in the case of an equality of votes at the election of the Mayor or Deputy Mayor or any member of the Standing or Special Consultative Committee, the presiding authority shall not exercise his casting vote, and the result shall be decided by lot. 45. Vacancies, etc., not to invalidate proceedings.— No act or proceeding 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, Deputy Mayor, Presiding Authority, any Councillor or member thereof, or any defect or irregularity in any such act or proceeding not affecting the merits of the case. --35-- 46. Proceedings 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 the Standing 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. 47. Minute books.— (1) Minutes recording the proceedings at every meeting of the Corporation and of any of its Committees and the names of members present thereat shall be entered in the minute book as confirmed at the same or the next ensuing meeting by the person presiding. (2) A copy of the minutes of the proceedings of each meeting of the Corporation shall be forwarded to the State Government within seven days of the meeting. (3) The minute books prescribed by this section shall be open at the municipal office at all reasonable times to the inspection of any councillor without payment and to the inspection of any other person on payment of a fee of fifty rupees. CHAPTER IV 12 [Municipal Officers and Servants] 48. Appointment of Commissioner.— (1) (a) The Commissioner shall from time to time be appointed by the State Government; (b) The Commissioner shall hold office during the pleasure of the State Government. (2) Notwithstanding the provisions of clause (b) of sub-section (1), the Commissioner shall be forthwith removed from office if at a meeting of the Corporation not less than three-fourths of the total number of Councillors constituting the Corporation for the time being shall vote in favour of a proposition in this behalf; and he may be removed by the State Government at any time if it appears to the State Government that he is incapable of performing the duties of his office or has been guilty of any misconduct or neglect which renders his removal expedient: Provided that when the Commissioner is a member of a Civil Service or holds a lien on any civil post under the Government he shall be liable to be recalled to the service of the State by the State Government at any time in the exigencies of public service of which the State Government shall be the sole judge. 49. Power of Commissioner.— The Commissioner shall be the principal executive officer of the Corporation and all other officers and servants of the Corporation 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. The Commissioner shall be accountable and answerable to the State Government for performance of his functions, duties and powers under this Act. --36-- 50. Salary of Commissioner.— (1) The Commissioner shall receive from the municipal fund such monthly salary and allowance as the State Government may from time to time determine: Provided that the salary of the Commissioner shall not be altered to his disadvantage during the period for which his appointment has been made or renewed; (2) The Commissioner shall devote his whole time and attention to the duties of his office as prescribed in this Act or in any other law for the time being in force and shall not engage in any other profession, trade or business whatsoever: Provided that he may with the sanction of the Corporation serve on any committee constituted for the purpose of any local inquiry or for the furtherance of any object of local importance or interest; (3) The conditions of service including in matters of grant of leave of a person appointed as a Commissioner, shall be the same as applicable to the officer of the rank of Secretary to the State Government; (4) During any absence on leave of the Commissioner, the State Government shall appoint a person to act as Commissioner; (5) Subject to any special orders of the State Government, every person so appointed shall exercise the powers conferred and perform the duties imposed on the Commissioner 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 Commissioner is liable and shall receive such monthly salary not exceeding the salary payable for the time being to the Commissioner, as the State Government may determine. 51. Appointment and salary of principal officers, other officers and servants.— (1) The State Government shall from time to time, appoint a person to be the Deputy Municipal Commissioner an officer from amongst the members of Goa Civil Service holding the rank not below that of Grade I. (2) The Corporation shall appoint fit and proper persons, for such periods, respectively, as it deems fit, to be City Engineer, Health Officer and Municipal Secretary, and shall fix the monthly salary and allowances to be paid to the persons so appointed: Provided that the appointment, salary, allowances and conditions of service of the City Engineer, Health Officer and Municipal Secretary and any step taken by the Corporation with a view to the termination of their appointments shall be subject to the approval of the State Government: Provided further that each of the officers mentioned in sub-section (2) shall, notwithstanding anything contained in the first proviso, be removable from office at any time for misconduct or for neglect of or incapacity for the duties of the office if at a meeting of the Corporation not less than five-eighths of the total number of Councillors consisting the Corporation for the time being shall vote in favour of a proposition in that behalf. 52. Appointment of other officers and servants.— (1) Subject to the provisions of this Act the Corporation may appoint such other officers and servants as are necessary for --37-- the efficient carrying out of the purposes of this Act, and may assign to them such duties and pay them such salaries, allowances, pensions and gratuities, and make on their behalf, such payments to provident or annuity funds as the Corporation may determine, by bye-laws made in this behalf under this Act, subject to the condition that no post the gross maximum salary of which exceeds, ten thousand rupees per month shall be created without the previous sanction of the State Government: Provided that— (1) the power of appointing a municipal officer, whose minimum monthly salary is not less than seven thousand rupees, shall vest in the Corporation; (2) the power of appointing municipal officers and servants, whether temporary or permanent, whose minimum salary is not less than five thousand rupees but is less than seven thousand rupees shall vest in the Standing Committee; (3) the power of appointing all other municipal officers and servants shall vest in the Commissioner; (4) any appointment made within his power by the Commissioner shall be reported for its information to the Standing Committee; (2) Any authority competent to make an appointment under sub-section (1) may employ by transfer to the service of the Corporation any person from the service of another Municipal Corporation or Municipal Committee in the State with the consent of such person and the other Corporation or Committee. (3) The State Government may make rules regulating the conditions of service in regard to the leave, provident fund and pension admissible to the person so transferred in respect of the period of service rendered by him before his transfer and specifying the extent of the liability of the local authorities concerned with the transfer. 53. Acting appointments.— (1) The State Government or authority competent to appoint any officer or servant may— (i) appoint him in a vacant post on which no other municipal officer or servant holds a lien; (ii) grant him such leave as may be due to him under the rules or byelaws framed in this behalf; and (iii) appoint any person to act in the place of such officer or servant upon the conditions laid down in the said rules or bye-laws: Provided that— (a) when the acting period exceeds four months, the acting officer or servant shall possess the qualifications prescribed in the rules or byelaws, if any, for the particular post; (b) any appointment of a person to act as City Engineer, Health Officer or Municipal Secretary may be disallowed by the State Government, and shall be null and void from the date the order disallowing it is communicated to the Corporation. (2) A person appointed under this section to act for any officer or servant shall, while --38-- so acting, perform the same duties and exercise the same powers and be subject to the same liabilities, restrictions and conditions to which the said officer or servant is liable; and shall receive such pay and allowances as may be provided in the rules or byelaws. 54. 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— (a) has, directly or indirectly, by himself or his spouse or 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, manager 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 spouse or 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 33, it is permissible for a Councillor to have without being thereby prohibited from voting or taking part in the discussion of any matter. 55. Discharge on infliction of penalties.— (1) Any municipal officer or servant may be discharged— (a) during a period of probation or from temporary service, (b) if appointed 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 increments or promotion, including stoppage at an efficiency bar; (iii) reduction to a lower post or time-scale or to a lower stage in a time-scale; (iv) recovery from pay of the whole or part of any pecuniary loss caused to the Corporation by negligence or by breach of orders; (v) suspension; (vi) removal from the service of the Corporation, which does not disqualify from future employment; --39-- (vii) dismissal from the service of the Corporation, which ordinarily disqualifies from future employment: Provided that a dismissed municipal officer or servant may be re-employed by the Corporation with the special sanction of the State Government; and (viii) 13fine [penalty] to be deducted from salary: Provided that no 14fine [penalty] shall be inflicted upon members of the clerical and ministerial establishments or upon any municipal servant with a monthly salary of more than five thousand rupees. Explanation:— ‘The penalty of removal may be inflicted upon a municipal officer or servant either for misconduct not sufficiently grave to justify dismissal or on account 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 not 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 lieu of notice. (4) Municipal officers and servants discharged during a period of probation or during or on the expiration of the period of a temporary appointment, whether under contract or not, shall not be entitled to any notice or salary in lieu of notice. (5) No municipal officer or servant shall be discharged, dismissed or removed from the service of the Corporation by order of any authority subordinate to that which makes appointments to the post he holds at the time of the order. 56. Extraordinary pension in case of officer or servant injured or killed in execution of his duty.— The Corporation may give an extraordinary pension, gratuity or compassionate allowance in accordance with the rules or bye-laws 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 extraordinary pension, gratuity or compassionate allowance paid to a municipal officer or servant shall in no circumstances exceed that payable to a person of similar rank or position in the service of the Government. 57. Re-instatement or re-employment of a convicted officer or servant and payment of salary and allowances to such officer or servant.— (1) 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 sentence is not set aside or reversed in appeal or revision, --40-- and if such officer or servant shall not have been dismissed, cease to be a municipal officer or servant on the expiry of such sentence and the Corporation shall not re-instate or re-employ any such officer or servant without the previous sanction of the State Government. (2) The Corporation shall not pay any salary or any other allowance to any such municipal officer or servant during or on account of the period of his imprisonment: Provided that the Corporation may, with the previous sanction of the State Government, grant a subsistence allowance to any such officer or servant during or on account of the said period. 58. 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, of not less than one month previously, to the authority appointing him, of his intention so to do; or (b) absent himself from duty otherwise than on leave duly granted and not subsequently cancelled; or (c) neglect or refuse to perform any of the duties or willfully perform them in an inefficient manner. CHAPTER V Powers, Duties and Functions of the Municipal Authorities Obligatory and Discretionary Duties of the Corporation 59. Matters to be provided for by Corporation.— (1) The Corporation shall make adequate provision by any means or measures which it may lawfully use or take, for each of the following matters, namely:— (a) lighting public streets, places and buildings; (b) planning for economic and social development; (c) urban forestry, protection of environment and promotion of ecological aspects; (d) cleaning public streets, places, and sewers and all spaces not being private property,