The Himachal Pradesh Municipal Act, 1994

1 AUTHORITATIVE ENGLISH TEXT THE HIMACHAL PRADESH MUNICIPAL ACT, 1994 ARRANGEMENT OF SECTIONS Sections: CHAPTER-1 PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. CHAPTER-II CLASSIFICATION OF MUNICIPALITIES AND MUNICIPAL AREA 3. Classification of municipalities. 4. Procedure for declaring municipal area. 5. Notification of intention to include a local area in a municipal area. 6. Notification of intention to exclude local area from a municipal area. 7. Exclusion of local area from a municipal area. 8. Effect of exclusion of local area from municipal area. 9. Power to abolish municipal area. CHAPTER -III MUNICIPALITIES 10. Composition of municipalities. 11. Reservation of seats. 12. Reservation of offices of Chairpersons. 13. Term of office of members. 14. Duration of municipality etc. 15. Resignation of member of municipality. 16. Disqualifications. 17. Bar to hold more than one office. 17-A. Account of election expenses and maximum thereof. 17-B. Lodging of account. 18. Power of State Government as to removal of members. 19. Filling of casual vacancies. 2 20. Incorporation of municipality. 21. Members and employees to be Public servants. 22. Election of President and Vice-President. 23. Term of office of and honorarium to President and Vice- President. 24. Resignation of President or Vice-President. 25. Motion of no confidence against President or Vice-President. 26. Removal of President or Vice-President. 27. Notification of elections and nominations. 28. Time for holding meetings. 29. Ordinary and special meetings. 30. Quorum. 31. Chairman of meeting. 32. Vote of majority decisive. 33. Records and publication of proceedings. 34. Bye-laws. 35. Appointment of Director. 36. Delegation of powers and functions. 37. Power of President or Vice-President in emergency. 38. Joint committees. 39. Vacancies and irregularities not to invalidate acts and proceedings. 40. Authority to contract. 41. Mode of executing contracts and transfer of property. 42. Penalty on member or employee being interested in any contract with a municipality. 43. Suits against municipality and its employees. 44. Bar of jurisdiction of civil courts. 45. Protection of action taken in good faith. 46. Liability for loss. CHAPTER - IV FUNCTIONS OF THE MUNICIPALITIES 47. General powers of municipalities. 48. Powers and authorities of municipalities. 3 49. Standing Committees. 50. Functions of the Standing Committees. 51. Conduct of business by the Standing Committees. CHAPTER -V MUNICIPAL FUND AND PROPERTY 52. Constitution of municipal fund. 53. Application of fund. 54. Payment of allowances to the members out of the municipal fund. 55. Custody of municipal fund. 56. Power to deposit and invest surplus funds. 57. Property vested in a municipality. 58. Inventory and map of municipal property. 59. Erection and maintenance of boundary marks of municipal area. 60. Management of public institutions. 61. Acquisition of land. 62. Transfer to Government property vesting in municipality. 63. Power to take over management of water works, sewerage works and roads etc. 64. Finance Commission. CHAPTER VI TAXATION 65. Taxes which municipality shall impose. 66. Taxes that may be imposed. 67. Limitation of taxing power. 68. Procedure regarding taxes under section 65. 69. Collection and payment of tax on consumption of electricity. 70. Procedure to impose taxes under section 66. 71. Power of Government in respect of taxation. 72. Preparation of assessment list. 73. Publication and completion of assessment lists. 74. Public notice of time fixed for revising assessment lists. 75. Settlement of list. 4 76. Further amendment of assessment list. 77. New list need not to be prepared every year. 78. Tax not invalid for defect of form. 79. Power of Municipality to exempt payment of taxes. 80. Power of State Government to exempt payment of taxes. 81. Remission of tax on unoccupied immovable property. 82. Duty to furnish information. 83. Notice on transfers of title. 84. Power of entry. 85. Taxes when payable. 86. Recovery of property tax. 87. Recovery of taxes. 88. Seizure and sale of vehicle and animal. 89. Recovery of dues as arrears of land revenue. 90. Appeals. 91. Limitation for appeal. 92. Revision. 93. Bar to question assessment. CHAPTER VII POLICE ASSISTANCE 94. Police force. 95. Powers and duties of police. 96. Special police assistance at fairs etc. CHAPTER VIII EXTINCTION AND PREVENTION OF FIRE 97. Establishment and maintenance of fire brigade. 98. Power of fire bridge and other persons to extinguish. 99. Observance of rules and regulations. CHAPTER IX WATER SUPPLY 100. Provision for water supply. 101. Supply of water for domestic purposes. 102. Supply of water for other than domestic purposes. 5 103. Procedure for water connection. 104. Obligation of owner or occupier to give notice of waste of water. 105. Cutting of water supply to premises. 106. Power of municipality in respect of communications etc. 107. Power to require owners of buildings to provide the storage reservoirs for rain water on their premises. 108. Supervision and inspection of works. 109. Repairs of reservoirs. CHAPTER X POWER FOR SANITARY AND OTHER PURPOSES 110. Bathing and washing places. 111. Powers in respect of burial and cremation grounds. 112. Disposal of mad and stray dogs and other animals. 113. Dogs not to be at large. 114. Control of elephants, bears or camels. 115. Taking elephants along public roads. 116. Power to require buildings, wells, tanks etc. to be secured. 117. Building etc. in dangerous stage. 118. Cleaning of filthy building or land. 119. Paving or draining of cattle-stands. 120. Power to prohibit use of unfit buildings. 121. Power to require owner to clear away noxious vegetation. 122. Power to require hedges and trees to be trimmed. 123. Power to require untenanted building becoming a nuisance to be secured or enclosed. 124. Prohibition of cultivation of crop, use of manure or irrigation injurious to health. 125. Regulation offensive and dangerous trade. 126. Consent of municipality to establish new factories or workshops. 127. Prohibition of cinematographs and dramatic performances except in licensed premises. 128. Power to prohibit trades. 129. Use of steam whistles, etc. 6 130. Provisions of drains, privies etc. 131. Repair and closing of drains, privies etc. 132. Unauthorised building over drains etc. 133. Removal of latrines etc, near any source of water supply. 134. Discharge in sewerage. 135. Making or altering drains without authority. 136. Power to require removal of nuisance arising from tanks and the like. 137. Power of municipality to lay or carry wires, pipes, drains or sewers through private lands. 138. Provision as to wire, pipes drains or sewers laid or carried above surface of ground. 139. Previous notice. 140. Connection with main not to be made without permission of municipality. 141. Sewerage connection. 142. Troughs and pipes for rain water. 143. Information in relation to cholera, small-pox, etc. 144. Removal to hospital of patients suffering from infectious diseases. 145. Disinfection of buildings and articles. 146. Penalty for letting infected houses. 147. Provision of places and appliances for disinfection. 148. Acts done by persons suffering from certain disorders. 149. Keeping of animals injurious to health. 150. Feeding animals on deleterious substances. 151. Prohibition by municipality of use of unwholesome water. 152. Penalty for selling substandard food or drinks. 153. Soliciting alms. 154. Removal and deposit of offensive matter. 155. Preparation of compost manure. 156. Power to acquire etc. 157. Right of appeal and revision. 158. Bar of jurisdiction. 7 159. Failure to remove noxious matter. 160. Depositing or throwing of earth or material of any description on roads or into drains. 161. Spitting in places other than drains or receptacles provided. 162. Nuisance by children and others. 163. Definition of house scavenging. 164. Undertaking by municipality of house scavenging. 165. Abolition of customary right. 166. Scavenging etc. 167. Continuance of house scavenging once undertaken by municipality. 168. Obligation of municipality to perform house scavenging properly. 169. Powers of municipality employees for house scavenging purposes. 170. Vesting in municipality or collection from house scavenging. 171. Establishment of crèches for Safai Mazdoors. 172. Places for slaughter of animals for sale. 173. Disposal of dead animals. 174. Power in connection with streets. 175. Protection of streets during cutting down of tree, erection or demolition of buildings. 176. Notice to lay out street. 177. Order on notice under section 176. 178. Sanction of new street. 179. Operation of sanction. 180. Penalty. 181. Notice to owner of land under street. 182. Power to require repairs of streets and to declare such street public. 183. Punishment for encroachment or overhanging structure over street. 184. Permission of occupation of public street and removal of obstruction. 185. Powers of Deputy Commissioner to remove encroachments. 8 186. Powers to regulate line of a street. 187. Government streets. 188. Removal of overhanging structures. 189. Power to attach brackets for lamps. 190. Construction of stalls. 191. Destroying direction, posts, lamp-posts etc. 192. Bill-sticking without permission. 193. Names or numbers of streets, buildings etc. 194. Inflammable materials. 195. Roofs and external walls not to be made of inflammable materials. 196. Picketing animals and collecting carts. 197. Driving vehicles without proper lights. 198. Beating drums etc. 199. Discharging fire-arms, etc. 200. Building operations, quarrying, blasting or cutting timber. 201. Powers to levy fee at fair. CHAPTER XI BYE-LAWS 202. General bye-laws. 203. Prohibition to erect buildings without sanction. 204. Power of municipality to make bye-laws as to erection or re- erection of buildings. 205. Building scheme. 206. Regularisations of certain buildings. 207. Punishment for erection or re-erection of a building on sanction of a building scheme under section 205. 208. Power of municipality to sanction or refuse erection or re- erection of buildings. 209. Power of municipality to direct modification of sanctioned plan of a building before its completion. 210. Completion certificate and lapse of sanction. 211. Penalty for disobedience. 212. Power of demolition of building and works in certain cases and appeal. 9 213. Compensation. 214. Power of municipality to regulate the manufacture, preparation and sale of food and drink. 215. Prohibition of possession or sale of wild animals. 216. Penalty for infringement of bye-laws. 217. Confirmation of bye-laws. 218. Power of State Government to make bye-laws. 219. Procedure for making bye-laws. 220. Bye-laws to be available for purchase and inspection. CHAPTER XII PREVENTION OF SOIL EROSION AND HILL SIDE SAFETY 221. Regulation of felling of trees within municipal limits. CHAPTER XIII PROCEDURE, POWER OF ENTRY AND INSPECTION 222. Inspection of drains, privies and cesspools. 223. Inspection of building etc. 224. Other powers of entry on buildings or land. 225. Power to inspect places for sale of food or drink etc. and to seize un-wholesome articles exposed for sale. 226. Inspection of places for illicit slaughter of animals. 227. Refusal to allow inspection. 228. Search for inflammable or explosive material in excess of authorised quantity. 229. Power of entry for the purpose of preventing spread of disease. 230. Authorisation of powers. 231. Precautions to be observed in entering dwelling. 232. Reasonable time for compliance to be fixed. 233. Authentication, service and validity of notices. 234. Service when owner and occupier are different person. 235. Mode of giving notice to owner or occupier of property. 236. Publication of public notices. 237. Penalty for disobedience of orders of municipalities. 238. Compensation for damage. 239. Power of municipality in the event of non-compliance. 10 240. Penalty for obstruction. 241. Recovery of cost of execution. 242. Relief to agents and trustees. 243. Payment of compensation. 244. Appeals from orders of municipality. 245. Prosecution to be suspended in certain cases. 246. Appeals from certain orders. 247. Authority for prosecution. 248. Power to compound offences. CHAPTER XIV FINANCIAL CONTROL AND AUDIT 249. Presentation of accounts and budget of a municipality. 250. Revision of budget. 251. Supplementary budget. 252. Maintenance of accounts and restriction of expenditure. 253. Transmission of accounts. 254. Power to write off irrecoverable sums. 255. Audit of accounts. 256. Action by municipality on audit report. 257. Recovery of amounts disallowed. 258. Procedure for recovery of dues of municipality. 259. Conditions of distraint and sale. CHAPTER XV DEVELOPMENT PLANS AND DISTRICT PLANNING COMMITTEE 260. Preparation of developments plans. 261. District Planning Committees. CHAPTER XVI CONTROL 262. Control by Deputy Commissioner. 263. Power to suspend execution of orders etc. 264. Power of Deputy Commissioner in emergency. 11 265. Powers to provide for performance of duties in case of default of municipality. 266. Action of Deputy Commissioner to be immediately reported. 267. Power of State Government to give directions. 268. Exercise of committee‘s power pending establishment of municipality. 269. Power of State Government and its officer over municipality. 270. General powers of State Government. 271. Power of State Government to dissolve municipality for default, abuse of powers, etc. 272. Suspension of office bearer of municipalities. 273. Removal of office bearers of municipality. 274. Power to call record. 275. Power of inspection and supervision. 276. Technical supervision and inspections. 277. Taking over of certain branches or departments of the municipality. 278. Disputes. 279. Power of State Government to frame forms and make rules. CHAPTER XVII DISPUTES RELATING TO ELECTIONS 280. Definitions. 281. State Election Commission. 281-A. Requisitioning of premises, vehicles etc. for election purposes. 282. Officers authorised to hear election petitions. 283. Election petitions. 284. Presentation of petitions. 284-A. Parties to the petition. 285. Contents of petition. 286. Procedure on receiving election petition. 287. Withdrawal and transfer of petitions. 288. Procedure before the authorised officer. 289. Appearance before the authorised officer. 12 290. Power of the authorised officer. 291. Documentary evidence. 292. Secrecy of voting. 293. Answering of incriminating questions and certificate of indemnity. 294. Expenses of witnesses. 295. Decision of the authorised officer. 296. Grounds for setting aside election. 297. Abatement of election petition. 298. Costs and payment thereof out of security deposits and return of such deposits. 299. Execution of orders as to the costs. 300. Corrupt practices entailing disqualifications. 301. Corrupt practices. 302. Appeals. 303. Bar to interference by Courts in electoral matters. 304. Power to make rules for conduct of elections. CHAPTER VII-A ELECTORAL OFFENCES 304-A. Promoting enmity between classes in connection with the election. 304-B. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll. 304-C. Disturbances at election meeting. 304-D. Restrictions on the printing of pamphlets, posters etc. 304-E. Maintenance of secrecy of voting. 304-F. Officers etc. at elections not to act for candidates or to influence voting. 304-G. Prohibition of canvassing in or near polling stations. 304.H. Penalty for disorderly conduct in or near polling stations. 304-I. Penalty for misconduct at the polling station. 304-J. Penalty for failure to observe procedure for voting. 304-K. Penalty for illegal hiring or procuring of conveyance at elections. 304-L Breaches of official duty in connection with election. 13 304-M. Penalty for Government servants for acting as election agent, polling agent or counting agent. 304-N. Prohibition of going armed to or near a polling station. 304-O. Removal of ballot papers from polling station to be an offence. 304-P. Offence of booth capturing. 304-Q. Grant of paid holiday to employees on the day of poll. 304-R. Liquor not be sold, given or distributed on polling day. 304-S. Other offences and penalties therefor. CHAPTER XVIII MISCELLANEOUS 305. Appointment of Executive Officers/Secretaries in municipalities. 306. Posts in municipality and appointments thereto. 307. Officers and other employees not to be interested in any contract etc., with municipality. 308. Power to enquire and report about misconduct of certain officers or officials. 309. Power to remove difficulties. 310. Repeal of H.P. Act No. 19 of 1968. 311. Repeal of H.P. Ordinance No. 2 of 1994. SCHEDULE. ________________ THE HIMACHAL PRADESH MUNICIPAL ACT, 1994 (ACT NO. 13 OF 1994) 1 (Received the assent of the Governor of Himachal Pradesh on 18 th October, 1994 and was published in Hindi and English in R.H.P. Extra dated 18 th October, 1994 p. 3229-3476). Amended, repealed or otherwise effected:- 1. H.P. Ordinance No. 2 of 1995 replaced by H.P. Act No. 11 of 1995 2 published in R.H.P Extra., dated 22.11.1995. p. 4637-4640 effective w.e.f. 1.8.1995. 1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 19.9.1994, p. 2612 and 2732. 2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 27-9-1995, p. 3907 and 3910. 14 2. H.P. Ordinance No. 2 of 1997 replaced by H.P. Act No. 8 of 1997 1 published in R.H.P Extra., dated 19.4.1997. p. 1375-1378 w.e.f. 10.1.1997. 3. H.P. Act No. 23 of 2000 2 published in R.H.P Extra., dated 20.10.2000. p. 3445-3467 4. H.P. Ordinance No. 2 of 2000 replaced by H.P. Act No. 13 of 2001 3 published in R.H.P Extra., dated 28.2.2001. p. 5731-5732 5. H.P. Ordinance No.4 of 2003 replaced by H.P. Act No. 10 of 2003 4 published in R.H.P Extra., dated 2.8.2003. p. 1109-1112. 6. H.P. Ordinance No.5 of 2003 replaced by H.P. Act No. 7 of 2003 5 published in R.H.P Extra., dated 2.8.2003. p. 1094-1094. 7. H.P. Ordinance No.6 of 2003 replaced by H.P. Act No. 2 of 2004 6 published in R.H.P Extra., dated 22.1.2004. p. 3091-3092. 8. H.P. Act No. 28 of 2005 7 published in R.H.P Extra., dated 30.3.2005 p. 3303-3308. 9. H.P. Act No. 20 of 2007 8 published in R.H.P Extra., dated 29.9.2007 p. 6161-6162. An Act to consolidate and amend and replace the law relating to municipalities in Himachal Pradesh. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Forty-fifth Year of the Republic of India as follow:- CHAPTER-1 PRELIMINARY 1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P.Extra., dated 25-3-1997, p. 983 and 986. 2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P.Extra., dated 21.8.2000, p. 2551 &2567. 3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P.Extra., dated 26.12.2000, p. 4756 &4748. 4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P.Extra., dated 18.7.2003, p. 889 & 893. 5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P.Extra., dated 18.7.2003, p. 832 & 835. 6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P.Extra., dated 18.12.2003, p.2828 & 2830. 7. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P.Extra., dated 10.8.2005, p. 2454 & 2461. 8. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P.Extra., dated .2007, p. . 15 1. Short title, extent and commencement.- (1) This Act may be called the Himachal Pradesh Municipal Act, 1994. (2) It extends to the whole of the State of Himachal Pradesh. (3) It shall and shall be deemed to have come into force on the 30 th day of May, 1994. 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,- (1) 1 [xxxxxxx] (2) "backward classes" means such classes of citizens other than scheduled castes and scheduled tribes as may be identified and notified for the purposes of reservation for appointments or posts in the services under the State Government ; (3) "building" means any shop, house, hut, out-house, stable, a factory, an industrial shed and a temporary structure erected by means of tents and structures, raised for entertainment purposes whether roofed or not and whether used for the purposes of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever, and includes a wall and a well; (4) "building line" means a line beyond which the outer face or any part of an external wall of a building may not project in the direction of any street, existing or proposed ; (5) "built area" is that portion of a municipality of which the greater part has been developed as a business or residential area; (6) "bye-laws" mean bye-laws made under this Act; (6-a). ―cattle‖ means domestic animals and includes elephants, camels, buffaloes, cows, oxen, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;‖; and (7) "committee" means a committee of a municipality, constituted or deemed to have been constituted by or under this Act ; (8) "compost manure" means the produce prepared from dung by subjecting it to the process of compost making in the manner prescribed by rules ; ______________________ 1. Clause (1) omitted vide Act No. 33 of 2011. 2. Clause (6-a) inserted vide Act No. 33 of 2011. 16 (9) "Deputy Commissioner" or "Deputy Commissioners of the districts" includes Additional Deputy Commissioners, or any other officer at any time appointed by the State Government to perform in any district or districts the functions of a Deputy Commissioner under this Act ; (10) "Director" means the Director of Urban Local Bodies appointed by the State Government; (11) "District" means a revenue district; (12) "District Planning Committee" means a committee constituted under article 234 ZD of the Constitution of India and under section 185 of the Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994) at the district level to consolidate the plans prepared by the Panchayats and the municipalities in the district ; (13) "dry latrine" means a latrine from which the excreta is removed manually ; (14) "dung" means night soil, sewage, sullage, sludge, refuse, filth or rubbish or animal matter of any kind ; (15) "election" means and includes the entire election process commencing on and from the date of notification calling for such election of members and ending with the date of declaration and notification of results thereof ; (16) "erect or re-erect any building" includes- (a) any material alteration or enlargement of any buildings; (b) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation ; (c) the conversion into more than one place for human habitation of a building originally constructed at one such place ; (d) the conversion of two or more places of human habitation into a greater number of such places ; (e) such alterations of a building as effect an alteration of its drainage or sanitary arrangements, or materially affects its security ; (f) the additions of any rooms, buildings, out-houses or other structures to any building ; (g) the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land.; 17 (17) "Executive Officer" means a person, by whatever name called, appointed under section 305 of this Act to discharge the functions of the Executive Officer in relation to a Municipal Council and that of Secretary in relation to a Nagar Panchayat ; (18) "explosive" and "petroleum" have the meanings, assigned to those words in the Indian Explosive Act, 1884, (4 of 1984) and the Petroleum Act, 1934 (30 of 1934), respectively; (19) "factory" shall have the meaning assigned to it in the Factory Act, 1948 (63 of 1948); (20) "infectious disease" means cholera, plague, small-pox, tuberculosis or such other dangerous disease as the State Government may notify in this behalf. (21) ―inhabitant‖ include any person ordinarily residing or carrying on business, or owning or occupying immovable property, in any municipality; or in any local area which the State Government has by notification under this Act, proposed to declare to be a municipality; and in case of any dispute; means any person or persons declare by the Deputy Commissioner to be inhabitant or inhabitants; (22) ―municipal council‖ means the municipal council constituted by or under this Act; (23) ―municipal area‖ means the territorial area of municipality notified by the state Government and Include any territorial area which form part of municipality and commencement of this Act‘ (24) ―municipality‖ means an institution of Self Government constituted as a Nagar Panchayat or municipal council under this Act; (25) ―Nagar Panchayat‖ means the Nagar Panchayat constituted under this Act; (26) ―nuisance‖ includes any act, omission , place or thing which causes 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 ; (27) ―occupier‖ include an owner in actual occupation of his own land or building, and also any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which the word is used; for the proposes of Chapters VI and X, occupier shall include hotel- keeper, lodging house-keeper, and any owner whose premises are let to more than one tenant; 18 (28) ―Office bearer‖ means in relation to a municipality a member , Vice-President or a President of a municipality and in relation to municipal corporation , a councillor, Mayer or Deputy Mayer of the Municipal corporation and in relation to a panchayat an office bearer of panchayat as defined in clause (23) of section 2 of the Himachal Pradesh Panchayti Raj Act, 1994 ‗ (29) ―owner‖ include the person for the time being receiving the rent of land and buildings, or either of them, whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose, or who would so receive the same if the land or building were let to tenant; (30) ―panchayat‖ means an institution of self-government (by whatever name called) constituted for rural areas under the Himachal Pradesh Panchayti Raj Act,1994; (31) ―population‖ means the population as ascertained at the last preceding census of which the relevant figures has been published; (32) ―public place‖ means a place which is open to the use or enjoyment of the public whether or not private property and whether or not vested in the municipality; (33) ―public street‖ shall mean any street --- (i) heretofore levelled, paved, metalled, channelled, sewered or repaired out of municipal or other public funds unless before such work was carried out there was an agreement with the proprietor that the street should not thereby become a public street or unless such work was done without the implied or express consent of proprietor; or (ii) Which under the provisions of Section 182 is declared by the municipality to be or under any other provisions of this Act become, a public street; 1[(33-a) 'ratable value' shall mean,— (a) In the case of land, the ratable value shall be based upon per square metre of the actual area of land multiplied by the unit area rate of tax and relevant factors prescribed for the particular zone and in the case of building, the ratable value shall be based upon per square metre of plinth area multiplied by unit area rate of tax and relevant factor prescribed for the particular zone; ___________________ 1. New Clause (33-a) inserted vide Act No. 33 of 2011. 19 (b) for levy of tax on lands and buildings, the entire municipal area shall be divided into different zones and each zone shall have relevant factors having different values; (c) for the purpose of determination of unit area tax, there shall be five factors i.e (i) location (ii) occupancy (iii) age of building (iv) use of building and (v) type of structure. Each factor shall have different value for different zone as may be determined by the municipality, from time to time; and (d) the mode for levy, calculation and assessment of tax as per provisions of this Act, which relates to the classification, usages of the buildings, or apportionment of buildings, or vacant land and open spaces forming part of the land and building shall be prescribed by bye-laws: Provided that annual deduction of ten per cent on the ratable value of building shall be allowed on account of repair and maintenance expenses necessary for the maintenance of the building and a rebate of ten percent shall also be allowed on the amount of tax, in case the amount of tax specified in the bill is paid within fifteen days from the date of receipt of such bill, however, this rebate shall not be applicable in the case of defaulters who are in arrear of tax.] (34) ―rule‖ mean the rule made under this Act; (35) ―scheduled caste‖ shall have the same meaning as assigned to it clause (24) of the article 366 of the constitution of India ; (36) ―scheduled tribe‖ shall have the same meaning as assigned to it in clause (25) of article 366 of the Constitution of India; (37) ―State Election Commission‖ means the State Election Commission constituted by the State Government under article 243k and 243ZA of the Constitution of India and section 160 of Himachal Pradesh Panchayti Raj Act ,1994; (38) ―State Finance Commission‖ means the State Finance Commission constituted by the State Government under article 243-1 and 243-Y of the Constitution of India and section 98 of Himachal Pradesh Panchayti Raj Act ,1994; (39) ―street‖ shall mean any road, footway square, court, ally or passage accessible, whether permanently or the temporary to the public, and whether a thoroughfare or not; and shall include every vacant space , notwithstanding that it may be private property of partly or wholly obstructed by any gate, posts, chain or other barrier, if houses, shops or other building abut 20 thereon, and if it is used by any person as a means of access to or from any public place or thoroughfare, whether such person be occupiers of such buildings or not, but shall not include any part of such space which the occupier of any such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid, and shall include also the drains or gutters therein, or on either side and the land, whether covered or not by any pavement, varandah or other erection, upto the boundary of any abutting property not accessable to the public; (40) ―unbuilt area‖ is an area within the municipal limits which is declared to be such at a special meeting of the municipality by a resolution confirmed by the State Government, or which is modified as such by the State Government; (41) ―vehicle‖ includes bicycle, tricycle and auto motor car and every wheeled conveyance which is used or capable of being used on a public street. CHAPTER - II CLASSIFICATION OF MUNICIPALITIES AND MUNICIPAL AREA 3. Classification of municipalities.- (1) There shall be constituted three classes of municipalities in accordance with the provisions of this section as specified below :- (i) "Nagar Panchayat" for a transitional area with population exceeding two thousand and generating annual revenue exceeding rupees five lakhs for the local administration; (ii) "Municipal Council" for a smaller urban area with population exceeding five thousand and generating the annual revenue exceeding rupees 1 [ten] lakhs for the local administration; (iii) "Municipal Corporation" for a larger urban area with population exceeding fifty thousand and generating annual revenue exceeding rupees two crores for the local administration and which has been declared to be a municipal area under section 3 of the Himachal Pradesh Municipal Corporation Act, 1994 (12 of 1994) : Provided that a municipality under this section may not be constituted in such urban areas or part thereof as the State Government may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as it may deem fit, by notification, specify to be an industrial township: 1. Subs. for the words ―twenty‖ vide Act No. 20 of 2007. 21 Provided further that no cantonment or part of a cantonment shall form part of a municipality. Explanation.- In this sub-section, " a transitional area", "a smaller urban area" or "a larger urban area" means such area as the State Government may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as the State Government may deem fit, specify, by notification for the purpose of this section. (2) The State Government shall, by notification, constitute the municipalities and specify the class to which a municipality shall belong in accordance with the provisions of this section after observing the procedure as laid down in section 4: Provided that the municipalities existing at the commencement of this Act and listed as Nagar Panchayat or as Municipal Council in the Schedule to this Act, would be deemed to have been constituted and notified as such, under and in accordance with the provisions of this section: Provided further that the State Government may, after giving a reasonable notice of not less than thirty days of its intention to do so, amend the schedule, by notification and declare any Nagar Panchayat as a Municipal Council or any Municipal Council as a Nagar Panchayat. 4. Procedure for declaring municipal area.- (1) The State Government may, by notification, propose any local area to be a municipal area under this Act. (2) Every such notification under sub-section (1) shall define the limits of the local area to which it relates. (3) A copy of every notification under this section, with a translation thereof in such language as the State Government may direct shall be affixed at some conspicuous place in the office of the Deputy Commissioner, within whose jurisdiction the local area to which the notification relates lies, and at one or more conspicuous places in that local area. (4) The Deputy Commissioner shall certify to the State Government the date on which the copy and translation were so affixed and the date so certified shall be deemed to be the date of publication of the notification. (5) If any inhabitant desires to object to a notification issued under sub-section (1), he may, within six weeks from the date of its publication submit his objection in writing through the Deputy Commissioner to the State Government and the State Government shall take his objection into consideration. (6) When six weeks from the date of publication have expired, and the State Government has considered and passed orders on such objections as 22 may have been submitted to it, the State Government may, by notification, declare the local area for the purposes of this Act, to be a municipal area. (7) The State Government may, by notification, direct that all or any of the rules which are in force in any municipal area shall, with such exceptions and adaptations as may be considered necessary, apply to the local area declared to be a municipal area under this section, and such rules shall forthwith apply to such municipal area without further publication. (8) When a local area, the whole or part of which was a notified area under the Himachal Pradesh Municipal Act, 1968 (19 of 1968) or a Nagar Panchayat under this Act, is declared to be Municipal Council under this section, the Municipal Council shall be deemed to be a perpetual successor of such notified area committee or of Nagar Panchayat, as the case may be, and in respect of all its rules, bye-laws, taxes, and all other matters, whatsoever and the Nagar Panchayat shall continue in office and shall notwithstanding anything contained in this Act be deemed to be the Municipal Council until the appointment and election of members is notified by the State Government under section 27. (9) A municipality shall come into existence on such day as the State Government may, by notification, appoint in this behalf. 5. Notification of intention to include a local area in a municipal area.- (1) The State Government may, by notification, and in such other manner as it may determine, declare its intention to include within a municipal area any local area in the vicinity of the same and specified in the notification. (2) Any inhabitant of a municipal area or local area in respect of which a notification has been published under sub-section (1) may, if he objects to the alteration proposed, submit his objection in writing through the Deputy Commissioner to the State Government within six weeks from the publication of the notification; and the State Government shall take such objection into consideration. (3) When six weeks from the publication of the notification have expired, and the State Government has considered the objections, if any, which have been submitted under sub-section (2) the State Government may, by notification, include the local area in the municipal area. (4) When any local area has been included in a municipal area under sub-section (3) of this Act, and, except as the State Government may, by notification, direct otherwise, all notifications, rules, bye-laws, orders directions and powers issued, made or conferred under this Act and in force throughout whole of the municipal area at the time shall apply to such area. 6. Notification of intention to exclude local area from a municipal area.- The State Government may, by notification and in such other manner as it may deem fit, declare its intention to exclude from a municipal area any local area comprised therein and specified in the notification. 23 7. Exclusion of local area from a municipal area.- (1) Any inhabitant of a municipal area or local area in respect of which a notification has been published under section 6 may, if he objects to the exclusion proposed, submit his objection in writing through the Deputy Commissioner to the State Government within six weeks from the publication of the notification and the State Government shall take his objection into consideration. (2) When six weeks from the publication of the notification have expired and the State Government has considered the objections, if any, which have been submitted under sub-section (1), the State Government may, by notification, exclude the local area from the municipal area. 8. Effect of exclusion of local area from municipal area. - When a local area is excluded from a municipal area under section 7- (a) this Act and all notifications, rules, bye-laws, orders, directions and powers issued, made or conferred under this Act, shall cease to apply thereto ; and (b) the State Government shall after consulting the municipality, frame a scheme determining what portion of the balance of the municipal fund and other property vesting in the municipality shall vest in the State Government and in what manner the liabilities of the municipality shall be apportioned between the municipality and the State Government, and, on the scheme being notified, the property and liabilities shall vest and be apportioned accordingly. 9. Power to abolish municipal area. - (1) The State Government may, by notification, abolish any municipal area declared under section 4. (2) When a notification is issued under this section in respect of any municipal area, this Act and all notifications, rules, bye-laws, orders directions and powers issued, made or conferred under this Act shall cease to apply to the said municipal area; the balance of the municipal fund and all other property at the time of the issue of the notification vested in the municipality shall vest in the State Government. (3) Where any municipal area is abolished under sub-section (1) and subsequently the area comprising the municipal area so abolished is declared to be a Sabha area under sub-section (1) of section 3 of the Himachal Pradesh Panchayati Raj Act, 1994, the assets and liabilities referred to in sub-section (2) shall vest in the Gram Panchayat of the Sabha area from the date of its establishment under section 4 of the Himachal Pradesh Panchayati Raj Act, 1994. Explanation.- For the purpose of this sub-section, the assets shall include all arrears of tax, tolls, cesses, rates, dues and fees imposed under this Act or rule or any bye-law which fell due to the municipality of the municipal area immediately before the date of its abolition and the same shall be recoverable by the Gram Panchayat as if these were arrears due to the Gram Panchayat. 24 CHAPTER -III MUNICIPALITIES 10. Composition of municipalities.- (1) The municipalities constituted under section 3 shall consist of such number of elected members not less than seven as may be determined by the State Government, by adopting the criterion that in municipal area having population of :- 1 [(i) Not exceeding 6150 .. 7 members (ii) Exceeding 6150 but not exceeding 12,300 .. 9 members (iii) exceeding 12,300 but not exceeding 24,600 .. 11 members (iv) exceeding 24,600 but not exceeding 36,900 .. 13 members (v) exceeding 36,900 but not exceeding 49,200 .. 15members (vi) exceeding 49,200 but not exceeding 61,500 .. 17 members (vii) exceeding 61,500 .. 19 members:] Provided that the determination of the number of members as aforesaid shall not affect the composition of the municipality until the expiry of the term of office of the elected members then in office. 2 [Provided further that in case of increase or decrease in the number of wards (seats) in a municipality due to higher or lesser population growth rate of that municipality than the average population growth rate of the urban area of the State, as the case may be, in that event existing number of wards (seats) of that municipality shall be maintained.] (2) Save as provided in sub-section (3), all seats in that municipality shall be filled in by persons chosen by direct election and for the purpose of election, the Deputy Commissioner shall, in accordance with such rules as may be prescribed by the State Government,- (a) divide the municipal area into wards in such a manner that- (i) one member shall be elected from each ward ; and (ii) as far as possible the population in each ward shall be equally distributed ; (b) determine the territorial extent of each ward ; and (c) determine the ward or wards in which seats are reserved under section 11. 1 Existing clause (i) to (vii) subs. vide Act No. 28 of 2005. 2 Proviso inserted vide Act No. 28 of 2005. 3. words inserted vide Act 12 of 2010. 4. In section 10 (1) (2) the words ―President, Vice-President and‖ & ―including the President, Vice-President‖ omitted vide Act 50 of 2013 25 1 [(3) In a municipality, in addition to persons chosen by direct election under this section, the Members of the State Legislative Assembly, representing constituencies which comprise wholly or partly in municipal area, shall also be the members 2 [with voting right] 3 [.] 4 [*****] 5 [(4) The state Government may, by notification, nominate as members not more than three persons having special knowledge or experience of municipal administration: Provided that a person who contested and lost the immediately preceding election of a municipality shall not be nominated by the State Government as a member of that municipality or any other municipality during its existing term: Provided further that a member nominated under this sub-section whether before or after the commencement of the Himachal Pradesh Municipal (Amendment) Act, 2003 shall hold office during the pleasure of the State Government, but not beyond the term of municipality as provided for in sub-section (1) of section 14 of this Act. (5) The nominated members referred to in sub-section (4) and the Executive Officer in case of Municipal Council and Secretary in case of Nagar Panchayat, shall have the right to attend all the meetings of the municipality and to take part in the discussion therein but shall not have any right to vote.] 11. Reservation of seats. - (1) Seats shall be reserved in a municipality,- (a) for the scheduled castes; and (b) for the scheduled tribes; and the number of seats so reserved shall bear as nearly as may be the same proportion to the total number of seats to be filled by direct election in the municipality as the population of the scheduled castes and the scheduled tribes in the municipal area bears to the total population of that municipal area : 1. Sub-section (3) subs. vide Act No. 8 of 1997 w.e.f. 10.1.1997. 2 Ins. vide Act No. 23 of 2000. 3 Subs. for the words ―and the State Government may, by notification, also nominate as members, not more than three persons, having special knowledge or experience of Municipal administration:‖ vide Act No. 10 of 2003 effective w.e.f. 24-5-2003.. 4 Existing proviso deleted vide Act No. 10 of 2003 effective w.e.f. 24-5-2003.. 5 Sub-sections (4) & (5) ins. vide Act No. 10 of 2003 effective w.e.f. 24-5-2003.. 6. Proviso after sub-clause(II) of Clause(a) inserted vide Act 12 of 2010 7. Omitted existing proviso to sub-clause(II) (a) of sub-section(2), ―excluding the seat for President and Vice-President‖ and existing 1st proviso vide Act 50 of 2013 26 Provided that in case no reservation of seats is possible as aforesaid due to small population of the scheduled castes and the population of scheduled castes of the municipal areas is at least five percent of the total population of the municipal area, one seat shall be reserved for the scheduled castes in such a municipality: Provided further that where there is no eligible candidate belonging to the scheduled castes to be elected as a member of the municipality, no seat shall be reserved for scheduled castes: Provided further that in non-tribal areas where there is scheduled tribes population in a municipal area, seats shall be reserved for such members of the scheduled tribes within the reservation provided for the members of the scheduled castes and the determination of seats to be reserved amongst the scheduled castes and scheduled tribes shall be in proportion to their population in that municipal area. Explanation.- The expression "non-tribal area" for the purpose of this proviso shall mean the areas other than the Scheduled Areas specified in relation to the State of Himachal Pradesh. (2) 3 [One-half] of seats, reserved under sub-section (1), shall be reserved for women belonging to the scheduled castes or, as the case may be, the scheduled tribes. (3) 3 [One-half] (including the number of seats reserved for women belonging to the scheduled castes and the scheduled tribes) of the total number of seats to be filled by direct election shall be reserved for women. (4) The State Government may, by general or special order, reserve such number of seats for persons belonging to backward classes in a municipality, not exceeding the proportion to the total number of seats to be filled by direct election in the municipality as the population of the persons belonging to backward classes in that municipal area bears to the total population of that area and may further reserve 3 [one-half] of the total seats reserved under this sub-section for women belonging to backward classes. ____________ 1,2,3. Words ―excluding the seat for the President and the Vice-President‖ substituted, proviso inserted vide Act 12 of 2010 and words ―one half ― substituted year 2008. 4. after word ‖President‖ the words ― and Vice President‖ omitted vide Act no.1 of 2011 27 (5) The seats reserved under sub-sections (1), (3) and (4) shall be allotted by rotation to different wards in the municipal area in such manner as may be prescribed. (6) The reservation of seats under this section shall be given effect through notification issued at the time of each election by the State Government. 12. Reservation of offices of Chairpersons.- (1) There shall be reserved by the Government, in the prescribed manner such number of offices of Chairpersons in the municipalities in the State for the persons belonging to the scheduled castes and scheduled tribes and the number of such offices, bearing as may be the same proportion to the total number of offices in the State as the urban population of the scheduled castes in the State or of the scheduled tribes in the State bears to the total urban population of the State. (2) 1 [One-half] of the total number of offices of Chairpersons reserved under sub-section (1), shall be reserved for women belonging to the scheduled castes or, as the case may be, the scheduled tribes. (3) 1 [One-half] (including the number of offices reserved for women belonging to the scheduled castes and the scheduled tribes) of the total number of offices of Chairpersons of municipalities in the State shall be reserved for women. (4) The State Government may, by general or special order, reserve such number of offices of Chairpersons for persons belonging to backward classes in municipalities not exceeding the proportion to the total number of offices to be filled by direct election in the municipalities as the urban population of the persons belonging to backward classes in the State bears to the total urban population of the State and may further reserve 1 [one-half ]of the total seats reserved under this sub-section for women belonging to backward classes. (5) The offices of Chairpersons reserved under sub-sections (1), (3) and (4) shall be allotted by rotation to different municipalities in the State in such manner as may be prescribed. Explanation.- For the removal of doubts it is hereby declared that for the purpose of this section the expression "urban population" shall mean the population of municipal areas of the State, except that of the municipal area declared to be a municipal area for the purposes of the Himachal Pradesh Municipal Corporation Act, 1994. ____________ 1 words substituted 2008 28 13. Term of office of members. - (1) The term of office of elected [members] shall be five years from the date appointed for the first meeting of the municipality. 1 [(2) **********] (3) When as a result of an enquiry held under Chapter XVII, an order declaring the election of any member void has been made such members shall forthwith cease to be the member of the municipality. (4) The members shall be entitled to receive allowances for attendance at meetings of the municipality and of its committees at such rates as may be prescribed by the State Government from time to time. 14. Duration of municipality.- (1) Every municipality unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer : Provided that a municipality shall be given a reasonable opportunity of being heard before its dissolution: Provided further that all municipalities existing immediately before the commencement of this Act shall continue till the expiration of their duration unless sooner dissolved by a resolution passed to that effect by the State Legislature. (2) An election to constitute a municipality shall be completed,- (a) before the expiry of its duration specified in sub-section (1); (b) before the expiration of a period of six months from the date of its dissolution : Provided that when the remainder of the period for which the dissolved municipality would have continued is less than six months, it shall not be necessary to hold any election under this section for constituting the municipality for such period: 2 [Provided further that the first election to a municipality after the commencement of the Himachal Pradesh Municipal (Second Amendment) Act, 2003, except a municipal council constituted by upgrading an existing Nagar Panchayat, may be held with in a period of two years of its being notified as a municipality.] (3) A municipality constituted upon the dissolution of a municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved municipality would have continued under sub-section (1) had it not been so dissolved. 1 Existing sub-section (2) deleted vide Act No. 10 of 2003 w.e.f. 24-5-2003. 2 Second proviso subs. vide Act No. 7 of 2003 w.e.f. 15-11-2002. 3. Words‖ President, Vice-President and members‖ substituted vide Act 12, 2010. 4. In section 13 Words‖ President, Vice-President and‖ omitted vide Act 50 of 2013. 29 15. Resignation of member of municipality.- (1) The member of a municipality may resign by tendering his resignation in writing to the President who shall place the same before the municipality for its acceptance, unless withdrawn within fifteen days from the date of tendering the resignation. (2) On the acceptance of the resignation under sub-section (1) the seat of the member shall be deemed to have become vacant and the same be filled up under section 19 of this Act. 16. Disqualifications. - (1) A person shall be disqualified for being chosen as and for being an office bearer of a municipality,- (a) if he is so disqualified by or under any law for the time being in force for the purposes of the election to the State Legislature: Provided that no person shall be disqualified on the ground that he is less than 25 years, if he has attained the age of 21 years. (b) If he has been convicted of any offence involving moral turpitude, unless a period of six years has elapsed since his conviction; or (c) if he has encroached upon, or is a beneficiary of the encroachment upon, any land belonging to, or taken on lease or requisitioned by or on behalf of the State Government, a Municipality, a Panchayat or a Co-operative Society unless a period of six years has elapsed since the date on which he is ejected therefrom or he ceases to be the encroacher; Explanation.- For the purposes of this clause, the expression "beneficiary" shall include the spouse and legal heirs of the encroacher; or (d) if he has been convicted of an 1 [electoral offence under Chapter XVII-A of this Act or] under any law for the time being in force; or 2 [(dd) if he has incurred more expenditure than prescribed under section 17-A or has failed to lodge account under section 17- B within thirty days of the declaration of the result of the election; or] (e) if he has been ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, 1973 (2 of 1974); or (f) if he has been disqualified for appointment in public service, except on medical grounds ; or 1. Subs. for the words ―election offence‖ vide Act No. 23 of 2000. 2. Clause (dd) added vide Act No. 23 of 2000. 30 (g) if he is in the employment or service under any municipality or of any other local authority or Co-operative Society or the State Government or Central Government or any Public Sector Undertaking under the control of the Central or the State Government ; Explanation.- For the purposes of this clause the expressions "service" or "employment" shall include persons appointed, engaged or employed on whole time, part time, casual, daily or contract basis, or (h) if he is registered as a habitual offender under the Himachal Pradesh Habitual Offenders Act, 1969 (8 of 1970); or (i) if, save as hereinafter provided, he has directly or indirectly any share or interest in any work done by an order of a municipality, or in any contract or employment with, or under or by, or on behalf of the municipality ; or (j) if he has not paid the arrears of any tax imposed by a municipality or had not paid the arrears of any kind due from him to the municipal fund ; or has retained any amount which forms part of the municipal fund ; (k) if, he is a tenant or lessee holding a tenancy or lease under a municipality is in arrears of rent of lease or tenancy held under the municipality ; (l) if he has been convicted of an offence punishable under the Protection of Civil Rights Act, 1955, (22 of 1955) unless a period of six years has elapsed since his conviction ; (m) if he is so disqualified by or under any other law made by the State Legislature; 1 [(n) if he has made any false declaration as required under this Act or the rules made thereunder. (2) The question whether a person is or has become subject to any of the disqualifications under sub-section (1), shall, after giving an opportunity to the person concerned of being heard, be decided,- (i) if such question arises during the process of an election, by an officer who may be authorised in this behalf by the State Government, in consultation with the State Election Commission; and (ii) if such question arises after the election process is over, by the Director. 1 Clauses (n) and (o) ins. vide Act No. 23 of 2000 and clause (o) deleted vide Act No. 28 of 2005. 31 17. Bar to hold more than one office.- If a person who is chosen as member of a municipality becomes a Member of the House of the People, the Council of State, the State Legislative Assembly or the Councillor of the Municipal Corporation or is or becomes an office-bearer of a Panchayat then at the expiration of a period of fifteen days from the date of publication of the election result or, as the case may be, within fifteen days from the date of the commencement of term of office of a Member of the House of People, the Council of States or the State Legislative Assembly or the Councillor of a Municipal Corporation or the office-bearer of a Panchayat his seat in a municipality shall become vacant unless he has previously resigned his seat in the House of People, the Council of States, the State Legislative Assembly, the Municipal Corporation or the Panchayat, as the case may be. 1 [l7-A. Account of election expenses and maximum 2 [limit] thereof.- (1) Every candidate at an election shall, either by himself or by his election agent 3 [or by any other person with his authority, consent or knowledge], keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by election agent 4 [or by any other person with his authority, consent or knowledge] between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive. (2) The account shall contain such particulars, as may be prescribed by the State Government in consultation with the State Election Commission. (3) The total of the said expenditure shall not exceed such amount as may be prescribed by the State Government in consultation with the State Election Commission. 17-B. Lodging of account.- Every contesting candidate at an election shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidates at the election and the dates of their election are different, the later of those two dates, lodge with the officer, as may be appointed by the State Election Commission, and account of his election expenses which shall be a true copy of the account kept by him or his election agent 5 [or by any other person with his authority, consent or knowledge] under section 17-A.] 1 Sections 17-A and 17-B ins. vide Act No. 11 of 1995 effective w.e.f. 1.8.1995. 2 Ins. vide Act No. 23 of 2000. 3 Ins. vide Act No. 23 of 2000. 4 Ins. vide Act No. 23 of 2000. 5 Ins. vide Act No. 23 of 2000. 6. Ins. Vide Act No. 12 of 2010. 7. In section 17 words ― President or Vice President or a‖ Omitted Vide Act No. 50 of 2013 32 18. Power of State Government as to removal of members.- (1) The State Government may, in consultation with the State Election Commission and by notification, remove any member of a municipality,- (a) if he refuses to act, or becomes, in the opinion of the State Government, incapable of acting, or has been declared a bankrupt or an insolvent by a competent court or has been convicted of any such offence or subjected by a criminal court to any such order as implies in the opinion of the State Government, a defect of character which renders him unfit to be a member; (b) if he has been declared by notification to be disqualified for employment in, or has been dismissed from the public service and the reason for the disqualification or dismissal is such as implies in the opinion of the State Government, a defect of character which renders him unfit to be a member ; (c) if he has without reasonable cause in the opinion of the State Government absented himself for more than three consecutive months from the meetings of the municipality ; (d) if he fails to pay any amount due from him to the municipality within three months of the service of notice making the claim. It shall be the duty of the Executive Officer, to serve such a notice at the earliest possible date after the amount has become due; (e) if in the opinion of the State Government he has flagrantly abused his position as a member of the municipality or has through his negligence or misconduct been responsible for the loss, or mis-application of any money or property of the municipality; (f) if he has, since his election or nomination, become subject to any disqualification which, if it had existed at the time of his election or nomination, would have rendered him ineligible under any law for the tine being in force for election or nomination, or if it appears that he was, at the time of his election or nomination subject to any such disqualification; and (g) if, being a legal practitioner, he acts or appears in any legal proceeding on behalf of any person against the municipality or on behalf of or against the State Government wherein the opinion of the State Government such action or appearance is contrary to the interests of the municipality : 33 2 [(h) He has without reasonable cause in the opinion of the State Government fails to convene more than three consecutive meetings of the Ward Committee.] Provided that no removal of a member shall be notified unless the matter has been enquired into by an officer, not below the rank of an Additional Deputy Commissioner, appointed by the State Government and the member concerned has been given a reasonable opportunity of being heard. (2) A person removed under this section or whose election has been declared void, for corrupt practices or intimidation, under the provisions of section 295 shall be disqualified for election for a period not exceeding six years. 19. Filling of casual vacancies.- (1) Whenever a vacancy occurs by the death, resignation or removal, or by the vacation of seat, under the provisions of sub-section (3) of section 13, of any 4 [office bearer] , the vacancy shall be filled within six months of the occurrence of such vacancy in accordance with the provisions of this Act and the rules made thereunder: 1 [Provided that where the remainder of the term is less than six months, it shall not be necessary to hold any bye-elections to fill-up such casual vacancy.] (2) Every person elected or nominated, to fill a casual vacancy, shall be elected or nominated to serve for the remainder of his predecessor's term of office. 20. Incorporation of municipality.- Every municipality shall be a body corporate to be known as by the name of Municipal Council or the Nagar Panchayat of its municipal area and shall have perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and subject to the provisions of this Act or the rules made thereunder, to transfer any property held by it, to contract and to do all other things necessary for the purpose of its constitution; and may sue and be sued in its corporate name. 21. Members and employees to be Public servants. -Every 4 [office bearer] of the municipality and every person employed `by the municipality, whether for the whole or part of his time, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860). 1 Proviso added vide Act No. 23 of 2000. 2. Clause h ins. Vide Act No. 12 of 2010. 3. ins. Vide Act No. 12 of 2010. 4. substituted by words ―office bearer‖ vide Act No. 12 of 2010 5. In Section 18(1) & Proviso omitted words ―President or Vice President or‖ vide Act 50 of 2013 34 ―22. Election of President and Vice-President.- Every Municipal Council or Nagar Panchayat shall elect one of its elected members to be the President and another to be the Vice-President, and the member so elected shall become President or the Vice-President, as the case may be, of the Municipal Council or Nagar Panchayat: Provided that the office of the President in Municipal Councils and Nagar Panchayats shall be reserved for Scheduled Castes, Scheduled Tribes and Women in accordance with the provisions of section 12: Provided further that if the office of the President or the Vice-President is vacated during his tenure on account of death, resignation, removal or no confidence motion, a fresh election for the remainder of the period shall be held from the same category.‖. 23. Term of office of and honorarium to President and Vice- President.- (1) The term of office of President or Vice-President shall be five years or the residue of the term of his office [as a member] whichever is less. (2) An outgoing President and Vice-President shall if otherwise qualified, be eligible for re-election. (3) The President and Vice-President shall be entitled to the payment of such honorarium and allowances for attendance at meeting of the municipality and its committees at such rate as may be prescribed by the State Government from time to time. 24. Resignation of President or Vice-President.- (1) The President may, by writing under his hand addressed to the Vice-President, resign his office. 3 [Provided that if the office of the Vice-President is vacant then the President may submit his resignation to the Deputy Commissioner of the district.] (2) The Vice-President may, by writing under his hand addressed to the President, resign his office. 3 [Provided that if the office of the President is vacant then the Vice- President may submit his resignation to the Deputy Commissioner of the district and ] (3) The resignation under sub-section (1) or (2) shall take effect from the date of its acceptance by the Vice-President or the President 4 [or the Deputy Commissioner], as the case may be. ________ 1.Substituted vide Act No. 12 of 2010 2. words ―as a member‖ deleted vide Act No. 12 of 2010 3. After sub-section 1 & 2 proviso inserted vide Act No. 12 of 2010 4. inserted vide Act No. 12 of 2010 5. deleted 6. after word ‖President‖ the words ― and Vice President‖ omitted vide Act no.1 of 2011 7. Section 22 substituted & In section 23(1) inserted words ―as a member‖ vide Act No. 50 of 2013 & Section. 35 ―25. Motion of no-confidence against President or Vice-President.– (1) A motion of no-confidence against the President or the Vice- President may be made in accordance with the procedure as may be prescribed. (2) Where a notice of intention to move a resolution requiring the President or the Vice-President of the municipality to vacate his office, signed by not less than majority of its total elected members is given and if a motion of no-confidence is carried by a resolution passed by a majority of elected members present and voting at its general or special meeting, the quorum of which is not less than one-half of its total elected members, the President or the Vice-President against whom such resolution is passed shall cease to hold office forthwith. (3) Notwithstanding anything contained in this Act or the rules made there under, the President or the Vice-President of the municipality shall not preside over a meeting in which a motion of no- confidence is to be discussed against him. Such meeting shall be presided over by such person, and convened in such manner, as may be prescribed and the person against whom a motion of no-confidence is moved, shall have a right to vote and to take part in the proceedings of such meeting. (4) Motion of no-confidence under this section shall not be maintainable within one year of the date of his election to such office and any subsequent motion of no-confidence shall not be maintainable within the interval of one year of the last motion of no-confidence.‖. 26. Removal of President or Vice-President. - The State Government may, at any time, by notification, remove a President or Vice-President from his office on the ground of abuse of his powers or of habitual failure to perform his duties: Provided that no removal of the President or Vice-President shall be notified unless the matter has been enquired into by an officer, not below the rank of the Sub-Divisional Officer (Civil) appointed by the State Government and the President or Vice-President, as the case may be, has been given a reasonable opportunity of being heard. ___________ 1. substituted for words ― and no member‘ vide Act No. 12 of 2010 2. sub-section(2) substituted vide Act No. 12 of 2010 3. Inserted Section 25 vide Act No. 50 of 2013 36 27. Notification of elections and nominations.- (1) Every election or nomination of a member and election of a President and Vice-President of a Nagar Panchayat or Municipal Council shall be notified in the Official Gazette and 1 [no office bearer] shall enter upon his duties until his election or nomination has been so notified and until, he has made or subscribed at a meeting of the Nagar Panchayat or Municipal Council, an oath or affirmation of his allegiance to the Constitution of India in the following form, namely:- "I,A,B, having been elected (or nominated) member/President/ Vice-President of a Nagar Panchayat or Municipal Council of ………… do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and I will faithfully, discharge the duties upon which I am about to enter". 2 [(2) Every election of a office bearer shall be notified in the Official Gazette by the State Election Commission within 30 days from the date of declaration of such election.] (3) If any such person omits or refuses to take or make the oath or affirmation as required by sub-section (1) within thirty days of the date of notification of his election or nomination, as the case may be, his election or nomination shall be deemed to be invalid, and his seat shall become vacant. 28. Time for holding meetings.- (1) Every municipality shall meet for the transaction of business at least once in every month at such time as may, from time to time, be fixed by the bye-laws. (2) The President or, in his absence or during his incapability to attend to his duties or during the vacancy of his office, the Vice- President may, whenever he thinks fit and shall, within a period of ten days from the date of receipt of a requisition signed by not less than one-half of the total number of members of the municipality, convene either an ordinary or a special meeting at any other time: Provided that the requisition shall specify the purpose for which the meeting is to be held. (3) If the President or the Vice-President fails to convene a meeting of the municipality within a period of ten days from the date of receipt of such requisition, the members who signed the requisition may request the Sub-Divisional Officer (Civil) to convene the meeting. (4) The Sub-Divisional Officer (Civil) on receipt of request under sub-section (3) shall within a period of ten days of such request, convene the meeting. 37 29. Ordinary and special meetings.- (1) Every meeting of municipality shall be either ordinary or special. (2) All business may be transacted at an ordinary meeting unless required by this Act or the rules framed thereunder, to be transacted at a special meeting. 30. Quorum.- (1) The quorum necessary for the transaction of business at a special meeting of a municipality shall be one-half of the number of sitting members of the municipality. (2) The quorum necessary for the transaction of business at an ordinary meeting of a municipality shall be such number or proportion of the members of the municipality as may, from time to time, be fixed by the bye- laws, but shall not be less than three : Provided that, if at any ordinary or special meeting of a municipality a quorum is not present, the Chairman shall adjourn the meeting to such other day, as he may think fit, and the business which would have been brought before the original meeting if there had been a quorum present shall be brought before, and transacted at the adjourned meeting. 31. Chairman of meeting.- At every meeting of a municipality the President, or, in his absence or during the vacancy of his office, the Vice- President and if there be no President or Vice-President, then such one of the members, as the members present may elect, shall preside. 32. Vote of majority decisive. - Except as otherwise provided by this Act or the rules, all questions which come before any meeting of a municipality shall be decided by a majority of the votes of the members present, and in case of an equality of votes the Chairman of the meeting shall have a second or casting vote. 33. Records and publication of proceedings.- (1) Minutes of the proceedings at each meeting of a municipality shall be drawn up and recorded in a book to be kept for the purpose, shall be signed by the Chairman of the meeting or of the next ensuing meeting. (2) The minutes of the proceedings referred to under sub-section (1) shall be published in such manner as the State Government may direct, and shall, at all reasonable times and without charge, be open to inspection by any inhabitant. (3) A copy of resolution passed at any meeting of a municipality shall, within three days from the date of the meeting, be forwarded to the Deputy Commissioner and the Director. 34. Bye-laws.- 1 [Municipality may], provide by bye-laws consistent with this Act and with the rules for- (a) the time and place of its meetings ; (b) the manner in which notice of ordinary and special meetings and adjourned meetings shall be given ; 38 (c) the quorum necessary for the transaction of business at ordinary meetings ; (d) the conduct of proceedings at meetings and the adjournment or meetings ; (e) the custody of the common seal and the purposes for which it shall be used ; (f) the appointment of sub committees and their duties, the division of duties among the members of the municipality and the powers to be exercised by such members as are primarily responsible for current executive administration, whether President, Vice-President, Members of sub committees or individual members; (g) the persons by whom receipts shall be granted on behalf of the municipality for money received under this Act ; (h) the condition on which registers, documents, maps and plans of the municipality may be inspected by the public, and copies thereof supplied, and the fees payable for such inspection or for the supply of such copies ; (i) the appointment, duties, executive powers, leave, suspension and removal of employees of the municipality; (j) appeal from orders of any committee, the President, Vice- President, Members, Officers and employees of the municipality ; and (k) any other matter which is to be or may be prescribed by bye- laws made under this Act. 35. Appointment of Director. - (1) The State Government may by notification appoint a Director, and subject to such conditions and restrictions as it may deem fit, may invest him with all or any of the powers conferred on the State Government by this Act. (2) There shall be such other classes of officers as the State Government may, by notification, declare and the State Government may appoint as many persons as it deems fit to be officer of these classes and declare what powers under this Act shall be exercised by the officers of each class. ____________ 1. Substituted the words ―State Government may, for all or any of the municipalities‖ with the words ―municipality may‖ vide Act No.33 of 2011. 39 36. Delegation of powers and functions. - (1) The State Government may, by notification delegate all or any of its powers under this Act, except the powers to prescribe forms or make rules under section 279 to any officer subordinate to it. (2) Every delegation of powers under sub-section (1) may be subject to such restrictions and conditions as may be specified in the notification. (3) Wherever it is expedient to do so in the public interest and for the efficient performance of the functions entrusted to the municipality under this Act, the municipality may, with the prior approval of the State Government, entrust any of its civic services and amenities (including collection of taxes and revenues) in relation to any matter to which the power of the municipality extends, to any person or agency subject to such conditions and restrictions, as it may consider necessary to impose. 37. Power of President or Vice-President in emergency.- (1) On the occurrence or threatened occurrence of any event involving or likely to involve extensive damage to property or danger to human life or grave inconvenience to the public, the President or in the absence of the President or during the vacancy of his office, a Vice-President or in the absence of both, the Executive Officer may, if in his opinion there is any emergency necessitating immediate action before the matter can be considered by the municipality, direct the execution of any such work or the doing of any such act which the municipality is empowered to execute or do, as the emergency shall in his opinion justify or require, and may direct that the expenses of executing such work or doing such act be paid from the municipal fund : Provided that every such action shall be reported to the municipality at its next meeting. (2) The President or Vice-President or the Executive Officer shall not act under this section in contravention of any order of the municipality. (3) The President or in his absence or during the vacancy of his office a Vice-President may prohibit, until the matter has been considered by the municipality, the doing of any act which is in his opinion undesirable in the public interest, provided that the act is one which the municipality has power to prohibit. 38. Joint committees.- A municipality may concur with any other municipality or with any Zila Parishad, or with any Panchayat Samiti, or with any cantonment authority, or with more than one such municipality, Zila Parishad, Panchayat Samiti or authority in appointing out of their respective bodies a joint committee for any purpose in which they are jointly interested and in delegating to any such joint committee any power which might be exercised by either or any of the municipalities, Zila Parishads, Panchayat Samities or authorities concerned, and in framing or modifying regulations as to the proceedings of any such joint committee, and as to the conduct of correspondence relating thereto. 40 39. Vacancies and irregularities not to invalidate acts and proceedings. - (1) Notwithstanding anything contained in this Act but subject to any general or special order of the Government, where two-thirds of the total members of a municipality have been elected, the municipality shall be deemed to have been constituted under this Act. (2) No act done or proceedings taken under this Act, shall be questioned merely on the ground of the existence of any vacancy in any municipality or any defect in the election or qualification of the President, Vice-President, the presiding authority or member of the municipality or the joint committee, or on account of any defect, irregularity of such act or proceeding or its procedure not affecting the merits of the case. 40. Authority to contract.- A municipality may, subject to the rules and provision of section 41, delegate to one or more of its members the powers of entering on its behalf into any particular contract or into any class of such contracts. 41. Mode of executing contracts and transfer of property. - (1) Every contract made by or on behalf of the municipality shall be in writing and must be signed by two members, of whom the President or Vice- President shall be one, and also the Executive Officer or the Secretary of the municipality, as the case may be. (2) Every transfer of immovable property belonging to any municipality shall be by an instrument in writing executed by the President or Vice-President of the municipality and Executive Officer or Secretary of the municipality, as the case may be. 42. Penalty on member or employee being interested in any contract with a municipality. - (1) If any member or employee of a municipality or of a joint committee, without the previous permission in writing of the Deputy Commissioner voluntarily renders himself interested in any contract made with that municipality or joint committee, under section 38 or if within one month of his becoming interested in any such contract he neither resigns nor obtains the permission in writing of the Deputy Commissioner for his remaining a member or employee of the municipality or joint committee inspite of his interest in such contract, he shall be punishable for an offence under section 168 of the Indian Penal Code, 1860 (45 of 1860). (2) No member or employee of a municipality or a joint committee shall by reason only of his being a shareholder in or a member of any corporate or registered company, be held to be interested in any contract entered into between the said company and the municipality or joint committee but no such person as aforesaid shall take part in any proceedings of the municipality or joint committee relating to any such contracts. 43. Suits against municipality and its employees.- No suit shall be instituted against a municipality, or against any employee of a municipality, in respect of any act purporting to be done in its or his official capacity, until 41 the expiration of one month next after notice in writing has been, in the case of a municipality, delivered or left at his office, and in the case of an employee, delivered to him or left at his office or place of abode, stating the cause of action and the name and place of abode of the intending plaintiff ; and the plaint must contain a statement that such notice has been so delivered or left : Provided that nothing in this section shall apply to any suit instituted under section 38 of the Specific Relief Act, 1963 (47 of 1963). 44. Bar of jurisdiction of civil courts. - No civil court shall grant any temporary injunction or make any interim order - (a) restraining any person from exercising the powers or performing the functions or duties of a President or Vice- President, member and employee of a municipality on the ground that such person has not been duly elected, nominated or appointed as such President, Vice-President, member or employee ; or (b) restraining any person or persons or any municipality from holding any election, in any particular manner. 45. Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against any municipality or against any employee of a committee or against any person acting under and in accordance with the directions of any such municipality or employee or of a lawful authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act, rules and bye-laws. 46. liability for loss.- (1) Every member, officer or official of the municipality shall be liable for the loss, waste or misappropriation of any money or other property belonging to a municipality, if such loss, waste is reported by the Comptroller and Auditor General of India or other audit authority empowered by the State Government in this behalf to be a direct consequence of his neglect or misconduct in the performance of his duties while a member, officer or official of the municipality, and he may after being given an opportunity, by notice served in the manner provided for the service of summons in the Civil Procedure Code, to show cause by written or oral representation why he should not be required to make good the loss, be surcharged with the value of such property or the amount of such money by the Director and if the amount is not paid within fourteen days from the expiry of the period of appeal prescribed by sub-section (2) the Collector at the request of the Director, shall proceed forthwith to recover the amount as if it were an arrear of land revenue, and have it credited to the municipal fund. (2) The person against whom an order under sub-section (1) is made, may, within thirty days of such order, appeal to the State Government who shall appoint an officer to hear the appeal and the appellate authority shall have the power of confirming, modifying or disallowing the surcharge: 42 Provided that no person shall under this section be called upon to show cause after the expiry of a period of four years from the occurrence of such loss, waste or misappropriation or after the expiry of one year from the time of his ceasing to be member : Provided further that nothing in this section shall be deemed to debar the aggrieved party from seeking remedy in Civil Court against an order made under sub-section (1). CHAPTER - IV FUNCTIONS OF THE MUNICIPALITIES 47. General powers of municipalities. - (1) Subject to the provisions of this Act and the rule, regulations and bye-laws made thereunder, the municipal administration of a smaller urban area and transitional area shall vest in the Municipal Council and a Nagar Panchayat respectively. (2) Without prejudice to the generality of the provisions of sub- section (1), it shall be the duty of the municipality to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit. 48. Powers and authorities of municipalities.- (1) Without prejudice to the generality of the provisions of sub-section (1) of section 47, the State Government shall, by notification endow the municipalities with such powers and authorities as may be necessary from time to time to enable them to function as institutions of Local Self Government, subject to such conditions as may be specified therein, with respect to,- (i) the preparation of plans for economic development and social justice ; (ii) the performance of functions and implementation of the schemes which may be entrusted to them including the following, namely:- (1) urban planning including town planning ; (2) regulation of land-use and construction of buildings ; (3) planning for economic and social development ; (4) roads and bridges ; (5) water supply for domestic, industrial and commercial purposes ; (6) public health, sanitation conservancy and solid waste management; (7) fire services ; (8) urban forestry, protection of the environment and promotion of ecological aspects ; 43 (9) safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded ; (10) slum improvement and up gradation ; (11) urban poverty alleviation ; (12) provisions of urban amenities and facilities such as parks, gardens and playgrounds ; (13) promotion of cultural, educational and aesthetic aspects; (14) burials and burial grounds, cremations, cremation grounds and electric crematoriums ; (15) cattle ponds and prevention of cruelty to animals ; (16) vital statistics including registration of births and deaths ; (17) public amenities including street lighting, parking lots, bus stops and public conveniences ; (18) regulation of slaughter houses and tanneries : Provided that the notification regarding devolution of powers under this sub-section shall be issued within three month from the date of commencement of this Act, in the first instance. (2) Nothing contained in the provisions of this section shall be construed to divest the municipalities of various powers and functions vested in them under various provisions of this Act, rules and bye-laws, made thereunder. 49. Standing Committees.- (1) The municipality shall have the following Standing Committees ; (a) General Standing Committee; (b) Finance, Audit and Planning Committee; and (c) Social Justice Committee. (2) Each Standing Committee shall consist of not less than three and not more than five members including the President or Vice President, as the case may be, elected by the members of the municipality from amongst the elected members: Provided that Social Justice Committee shall include at least one member who may be a woman or a member of a scheduled caste or of a scheduled tribe. (3) The President shall be the ex-officio member and also Chairman of the General Standing Committee and Finance, Audit and Planning Committee. The Vice President shall be the Ex-officio member and Chairman of the Social Justice Committee: Provided that if the Vice President acts as the President of the municipality, the members of the Social Justice Committee shall elect its Chairman from amongst themselves. 44 (4) No elected member of the municipality shall be eligible to serve on more than two Standing Committees. (5) The Executive Officer or the Secretary of the municipality shall be the ex-officio Secretary of every Standing Committee. 50. Functions of the Standing Committees.- (1) The General Standing Committee shall perform functions relating to the establishment matters, communications, buildings, urban housing, relief against natural calamities, water supply and all residuary matters. (2) The Finance, Audit and Planning Committee shall perform the functions relating to the finance of the municipality, framing of budgets, scrutinising proposals for increase of revenue, examination of receipts and expenditure statements, consideration of all proposals affecting the finances of the municipality, general supervision of the revenue and expenditure of the municipality and co-operation, small saving scheme and any other function relating to the development of the municipal area. (3) The Social Justice Committee shall perform functions relating to- (a) promotion of education, economic, social, cultural and other interests of the scheduled castes and scheduled tribes and Backward Classes, Women and other weaker sections of the society; (b) protection from social injustice and all other forms of exploitation; (c) amelioration of the scheduled castes, scheduled tribes and backward classes, women and other weaker sections of the society; and (d) securing social justice to the scheduled castes, scheduled tribes, women and other weaker sections of the society. (4) The Standing Committees shall perform the functions referred to above to the extent the powers are delegated to them by the municipality. 51. Conduct of business by the Standing Committees.- (1) The municipalities may frame bye-laws relating to election of members of standing committees, conduct of business therein, and all other matters relating thereto. (2) The Chairman of every standing committee shall in respect of the work of the committee, be entitled to call for any information, return, statement, account or report from the office of the municipality and to enter on and inspect any immovable property of the municipality or work in progress connected with the work of the committee. (3) Each standing committee shall be entitled to require attendance at its meetings of any officer of the municipality who is connected with the work of committee. The Executive Officer or the Secretary, as the case may be, shall under instruction of the committee, issue notice and secure the attendance of such officer. 45 1 [―51-A. Ward Sabha.—All persons comprised in the electoral roll of a ward shall constitute the Ward Sabha for the purposes of this Act. 51-B. Meetings of Ward Sabha.—(1) There shall be two meetings of the Ward Sabha in a year. The meeting shall be convened by the elected ward Member at a public place after public notice alongwith agenda. (2) The officer, to be nominated by the Executive Officer or Secretary, as the case may be, shall be the Secretary of the Ward Sabha. The minutes of the proceedings of the meetings of the Ward Sabha shall be recorded by the Secretary and a copy of minutes of the proceedings of each meeting shall be forwarded by him to the Executive Officer or Secretary, as the case may be. 51-C. Ward Committee.—(1) There shall be a Ward Committee for each ward in the Municipality to be constituted within six months of the constitution of municipality. (2) Each Ward Committee shall consist of a President and not exceeding nine eminent members, to be nominated by the Ward Sabha. (3) The elected Ward Member representing that ward shall be the President of the Ward Committee: Provided that at least fifty per cent seats of members of the Ward Committee shall be reserved for women. Explanation.—For the purposes of this section, ―eminent member‖ of Ward Sabha means any person or a representative of a non-government organization or an association or a community based organization working for or representing any section of civil society in fields such as environment, social welfare, rural development, health, culture, business, trade etc.] _______ 1. ins. vide Act No. 12 of 2010 46 1 [ (4) A person shall be disqualified for being nominated as a member of the Ward Committee under sub-section (2) or to continue as such if, under the provisions of this Act or any other law for the time being in force, he is disqualified for being elected as a member of municipality. (5) The Secretary of the Ward Sabha shall also be the Secretary of the Ward Committee. The minutes of the proceedings of the meetings of the Ward Committee shall be recorded by the Secretary and a copy of minutes of the proceedings of each meeting shall be forwarded by him to the municipality. (6) The term of office of the member of the Ward Committee shall be two and half years from the date of nomination and shall be eligible for renomination. 51-D. Meetings of Ward Committee.—It shall be the duty of the President to conduct meetings of the Ward Committee at least once in two months for discussing the developmental issues and plans of the ward concerned. 51-E. Agenda.—It shall be the duly of the President to set agenda for the meetings of the Ward Committee. 51-F. Procedure for conduct of Ward Committee meetings.— Following procedure shall be followed while conducting meetings of the Ward C