| |
|
|
| |
|
|
| Constitution of Corporation
4. Constitution of Corporation and interim Arrangement for carrying on its functions till its constitution. - (1) For the purposes of carrying out of the provisions of this Act there shall be a Corporation charged with the municipal Government of a City. The Corporation for each of the Cities of Amritsar and Ludhiana shall be known as the Municipal Corporation of Amritsar, and the Municipal Corporation of Ludhiana, respectively and the Corporation for every other City constituted under sub-section (2) of section 3 shall be known by the name of" the Municipal Corporation ...........(name of the City)". |
|
| |
|
| (2). |
Every Corporation shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued. |
| |
|
| (3). |
As soon as may be after the appointed day a Corporation which shall be composed of [elected councillors and ex officio councillors,] (Substituted for the words "elected councillors, associate councillors and co-opted councillors" by Act 2 of 1994.) if any, shall be constituted from such date as may be specified in this behalf by notification by the Government. |
| |
|
| (4). |
Notwithstanding anything contained in sub-section (3),-on and with effect from the appointed day all powers and duties conferred and imposed upon the Corporation by or under this Act or any other law shall be exercised and performed by the Commissioner till a Corporation is constituted under the aforesaid sub-section. |
| |
|
| (5). |
Composition of Corporation- ( 1 ) Every Corporation constituted under section 3 shall consist of,- |
| |
|
| |
(i) elected Councillors chosen by direct election; and
(ii) ex officio members comprising the members of the Punjab Legislative Assembly representing the constituencies in which the City or any part thereof falls. |
| |
|
| (2) |
A person who is elected as a Councillor of a Corporation shall not be considered to be an ex officio member, if he is a member of the Punjab Legislative Assembly at the time of his election or becomes such member at any time thereafter and such person shall have all the rights and be subject to all the
liabilities of an elected Councillor. |
| |
|
| (3) |
The Government shall, from time to time. by notification in the Official Gazette, determine the number of elected Councillors for a Corporation:
Provided that the total number of elected Councillors for a Corporation shall in no case be less than for and more than fifty:
Provided further that the number of elected Councillors in' the case of Corporations of Amritsar and Ludhiana shall be fifty:
Provided further that the Councillors holding office immediately before the commencement of the Punjab Municipal Corporation (Amendment) Act, 1994,
shall continue to hold their office for the full term for which they were elected.
Explanation. - (1) If the constituency of a member of the Punjab Legislative Assembly comprises more than one City, he shall be an ex officio member of the Corporation of such City.
Explanation.-(2) If any City falls in more than one constituency the members of the Punjab Legislative Assembly representing each such constituency shall be ex officio members of the Corporation of such City.( Substituted by Act 2 of 1994.) |
| |
|
| (6). |
Reservation of Seats - (1)In every Corporation, out of the total number of elected Councillors determined under sub-section (3) of section |
| |
|
| (5). |
The Government shall reserve,-
(a) Such number of seats for the Scheduled Castes as may be determined by it subject to the condition that 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 to the Corporation as the population of Scheduled Castes in that City bears to the total population of that City and such seats may be allotted by rotation to different wards, in the City; and
(b) two seats in each Corporation for the members of the Backward Classes, and such seats may be allotted by rotation to different wards in that Corporation;
(2) Not less than one-third of the total number of seats reserved under clause
(a), shall be reserved for women belonging to the Scheduled Castes.
(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes), of the total number of seats to be filled by direct election, shall be reserved for women and such seats may be allotted by rotation to different wards in the City.
Explanation.-In this section the expression,-
(a) "Scheduled Castes" shall have the same meaning as assigned to them in clause (24) of Article 366 of the Constitution of India; and
(b) "Backward Classes" means the Backward Classes as the Government may, from time to time declare by issuing a notification in the Official Gazette.
6-A. Reservation for the Offices of Chairperson - Offices of Mayors of Corporations shall be reserved by rotation in the prescribed manner for the members of the Scheduled Castes, Backward Classes and women in the following ratio, namely :-
(a) five per cent for Scheduled Castes;
(b) two per cent for Backward Classes; and
(c) five per cent for women Including women belonging to the Scheduled Castes.] ( Substituted by Act 2 of 1994.) |
| |
|
| (7). |
Duration of Municipal Corporation.- (Substituted by Act 2 of 1994) |
| |
|
| |
(1) Every Municipal Corporation, save as otherwise provided in this Act, shall continue for five years from the date appointed for its first rneeting and no longer.
Explanation. - In this section "first meeting" shall mean the meeting of the newly constituted Corporation held for the election of its Mayor and Deputy Mayor under section 38 of this Act.
(2) All Corporations existing immediately before the commencement of the Constitution (Seventy- Fourth) Amendment Act, 1992, shall continue till the expiration of their duration unless sooner dissolved by a resolution passed to that effect by the State Legislative.
(3) An election to constitute a Corporation shall be completed-
(a) before the expiry of its duration specified in sub-section (1);
(b) before the expiration of a period of six months, from the date of its dissolution;
Provided that when the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under clause
(c) for constituting the Corporation for such period.
(4) The first election to a Corporation constituted after the commencement of the Punjab Municipal Corporation (Amendment) Act, 1994 shall be held within a period of six months of its being notified as a Corporation.
(5) A Corporation constituted upon the dissolution of a Corporation before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved Corporation would have continued under subsection
(1) had it not been so dissolved.
7-A. Power of Government to direct holding of general elections -
(1) Subject to the provisions of this Act and the rules made thereunder, the Government may, by notification, in the Official Gazette, direct that a general election or an election to fill a casual vacancy of the Councillors of the Corporation, shall be held by such date as may be specified in the notification and different dates may be specified for elections for different Corporations or group or groups of Corporations.
(2) As soon as a notification is issued under sub-section
(1), the State Election Commission shall take necessary steps for holding such general election.
7-B. Filling of Casual Vacancies of elected councillors. -
( 1 ) Whenever a vacancy occurs by death, resignation, removal or otherwise of an elected councillor, the same shall be filled up by way of election;
Provided that if the vacancy so occurred relates to the scheduled Castes, Backward Classes or to women, it shall be filled up out of the persons belonging to the category to which the vacancy relates.
(2) A person elected to fill up a casual vacancy shall be elected for the remainder of his successor's term of office:
Provided that where the remainder of the period, for which a councillor is to be elected, is less than six months, it shall not be necessary to hold any election under this section to fill up such a vacancy." ( Substituted by Act 2 of 1994.)
8. Delimitation of wards:
For the purposes of election of councillors the City shall be divided into single-member wards in such manner that the population of each of the wards shall, so far as practicable, be the same throughout the City.
{2) The Government shall, by order in the Official Gazette, determine the extent of each ward and the wards in which seats shall be reserved for Scheduled Castes. |
| |
|
| (9). |
Powers to alter or amend delimitation orders. - The Corporation, which the previous approval of the Government, may from time to time by order in the Official Gazette, alter or amend any order made under section 8. |
| |
|
| |
|
| 10. |
Power to conduct elections.-The superintendence, direction and control of the preparation of electoral rolls, for, and the conduct of all ,elections to the Corporations shall vest in the State Election Commission.
( Substituted by Act 2 of 1994.) |
| |
|
| 11. |
[ Ommitted by Act 2 of 1994]. |
| |
|
| 12. |
[ Ommitted by Act 2 of 1994]. |
| |
|
| 13. |
Disqualifications for councillorship. – |
| |
|
| |
(1) A person shall be disqualified for being chosen as, and for being, a councillor, -
(a) if he is of .un sound mind and stands so declared by a competent court;
(b) if he is an un discharged insolvent;
(c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
(d) if he has. in proceedings for questioning the validity or regularity of an election, been found to have been guilty of
(i) any corrupt practice, or
(ii) any offence punishable under section 171-Eor section 171-F of the Indian Penal Code or any offence punishable under section 32 or clause |
| |
|
| |
(a) of sub-section (2) of section 33 of this Act.,
unless a period of five years has elapsed since the date of the finding: - |
| |
|
| |
(e) if he has been sentenced on conviction by a criminal court to imprisonment for an offence involving moral turpitude, unless a period of five years has elapsed since the date of the conviction;
(f) if he holds any office of profit under the Corporation; |
| |
|
| |
(g) if he holds any office of profit under the Government;
(h) If he is a licensed architect, draftsman, engineer, plumber, surveyor or town planner or is a partner of a firm of which any such licensed person is also a partner; |
| |
|
| |
(i) if he is interested in any subsisting contract made with, or any work being done for the Corporation except as a share-holder (other than a director) in an incorporated company or as a member of a co-
operative society; |
| |
|
| |
(j) if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a partner or with which he is engaged in a professional capacity, in connection with any cause or proceeding In which the Corporation or any of municipal authorities is interested or concerned;
(k) if he, having held any office under the Government. the Corporation or any other local authority, any Government company or any corporate body owned or controlled by the Government has been dismissed from service, unless a period of four years has elapsed since his dismissal; |
| |
|
| (1) |
if he fails to pay any arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him. |
| |
|
| (2) |
Notwithstanding anything contained in sub, section |
| |
|
| (1) |
(a) a disqualification under clause (c) of that sub-section shall not take effect until three months have elapsed since the date of such disqualification or if within these three months an appeal or petition for revision is brought in respect of the conviction or sentence, until that appeal or petition is disposed of; |
| |
|
| |
(b) a person shall not be deemed to have incurred any disqualification under clause (if, or clause (g) or that sub-section by reason only of his receiving |
| |
|
| |
(i) any pension; or
(ii) any allowance or facility for serving as the Mayor or Deputy Mayor or as a councillor; or
(iii) any fee for attendance at a meeting of any committee of the Corporation;
(c) a person shall not be deemed to have any interest in a contract or work such as is referred to in clause |
| |
|
| |
(i) of that sub-section by reason only of his having a share or interest in
(i) any lease, sale. exchange or purchase of immovable Property or any agreement for the same; or
(ii) any agreement for the loan of money or any .security for the payment of money only; or
(iii) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted: or
(iv) the sale to the Corporation or to any other municipal authority or any officer or other employee of the Corporation on behalf of Corporation, of any article in which he regularly trades or the purchase from the Corporation or from any such authority, officer or other employee on behalf of the Corporation. of any article of a value in either case not exceeding five thousand rupees in the aggregate in any year during the period of the contract or work; or
(v) the letting out on hire to the Corporation or the hiring from the Corporation of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work;
(vi) any agreement or contract with the Corporation or any other municipal authority for taking water or any other thing which the Corporation may generally supply. |
| |
|
| (3) |
If a person sits or votes as a member of the Corporation when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to penalty of three hundred rupees to be recovered as an arrears of tax under this Act. |
| |
|
| 14. |
[Omitted by Act 2 of 1994]. |
| |
|
| 15. |
[Omitted by Act 2 of 1994]. |
| |
|
| 16. |
[Omitted by Act 2 of 1994]. |
| |
|
| 17. |
[Omitted by Act 2 of 1994]. |
| |
|
| 18. |
[Omitted by Act 2 of 1994]. |
| |
|
| 19. |
[Omitted by Act 2 of 1994]. |
| |
|
| 20. |
[Omitted by Act 2 of 1994]. |
| |
|
| 21. |
[Omitted by Act 2 of 1994]. |
| |
|
| 22. |
[ Omitted by Act 2 of 1994]. |
| |
|
| 23. |
[Omitted by Act 2 of 1994]. |
| |
|
| 24. |
[Omitted by Act 2 of 1994]. |
| |
|
| 25. |
[ Omitted by Act 2 of 1994]. |
| |
|
| 26. |
[ Omitted by Act 2 of 1994]. |
| |
|
| 27. |
[ Omitted by Act 2 of 1994]. |
| |
|
| 28. |
[ Omitted by Act 2 of 1994]. |
| |
|
| 29. |
[ Omitted by Act 2 of 1994]. |
| |
|
| 30. |
[ Omitted by Act 2 of 1994]. |
| |
|
| 31. |
[ Omitted by Act 2 of 1994]. |
| |
|
| 32. |
[ Omitted by Act 2 of 1994]. |
| |
|
| 33. |
[ Omitted by Act 2 of 1994]. |
| |
|
| 34. |
[ Omitted by Act 2 of 1994]. |
| |
|
| 35. |
Oath or affirmation by councillors.- |
| |
|
| (1) |
Every councillor other thanan associate councillor, shall, before taking his seat, make and subscribe at a meeting of the Corporation an oath or affirmation according to the following form namely :-
"I, A, B., having been elected [-] (Words "Co-opted" omitted by Act 2 of 1994.) as councillor of the Municipal Corporation 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 that I will faithfully discharge the duty upon which I am about to enter." |
| |
|
| (2) |
If a person sits or votes as a councillor before he has complied with the requirements of sub-section [1], he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act. |
| |
|
| 36. |
Removal of and resignation by councillor.- |
| |
|
| (1) |
The Government may by notification remove any councillor, other than an associate councillor, if in its opinion.- |
| |
|
| |
(a) he becomes subject to any of the disqualifications mentioned in section 13; or
(b) he has flagrantly abused his position as a councillor or has through negligence or misconduct been responsible for the loss or misapplication of any money or property of the Corporation: or
(c) he has become physically or mentally incapacitated for performing his duties as a member; or
(d) he absents himself during three successive months from the meetings of the Corporation without permission of the Corporation; or
(e) he absents himself from or is unable to attend the meetings of the Corporation during twelve successive months for any cause whatsoever whether approved by the Corporation or not; or
(f) he acts in contravention of the provisions of section 63:
Provided that before the Government notifies the removal of a councillor, the reasons for his proposed removal shall be communicated to him and he shall be given opportunity of tendering an explanation
in writing: Provided further that it shall not be necessary to give such opportunity where the Government is satisfied that it is not reasonably practicable to do so. |
| |
|
| (2) |
If a councillor resigns his seat by writing under his hand addressed to the Mayor and delivered to the Commissioner, he shall cease to be a councillor and his office shall thereupon fall vacant. |
| |
|
| 37. |
Payment of allowances to councillors.-The councillors shall be entitled to receive allowances for attendance at meetings of the Corporation and of its committees at such rate as may be determined by rules made in this behalf. |
| |
|
| 38. |
Election of Mayor, Senior Deputy Mayor, Deputy Mayor and their term of office. - |
| |
|
| (1) |
The Corporation shall, in the prescribed manner, elect one of its members to be the Mayor and other two members to be the Senior Deputy Mayor and the Deputy Mayor of the Corporation. |
| |
|
| (2-A) |
[(2) The election under sub-section
(i) shall be conducted at a meeting of the Corporation to be convened immediately after the meeting held for making and subscribing oath or affirmation by the councillors under section 35 but not later than one month from the date on which election of the .councillors is notified under section 17. ( Substituted by Act 5 of 1994.) The term of office of a Mayor, Senior Deputy Mayor and Deputy Mayor shall be co-terminus with their term as councillors.] |
| |
|
| (3) |
On the occurrence of any casual vacancy in the office of the Mayor, Senior Deputy Mayor or Deputy Mayor, the Corporation shall within one month of the occurrence of such vacancy elect one of its members as Mayor or Senior Deputy Mayor or Deputy Mayor, as the case may be, and every person-so elected shall hold office for the remainder of his predecessor's term of office. |
| |
|
| (4) |
The Mayor or the Senior Deputy Mayor or the Deputy Mayor shall hold office from the time of his election until the election of hi is successor in office, unless in the meantime he resigns his office as Mayor or Senior Deputy Mayor or Deputy Mayor or his term of office as a member of the Corporation terminates in any manner or unless in the case of any of the Deputy Mayors he is elected as Mayor. They shall be eligible for re-election. |
| |
|
| (5) |
The Mayor shall be entitled to the payment of such honorarium and may be given such facilities in respect of residential accommodation, telephone, conveyance and the like as may be prescribed. |
| |
|
| (6) |
The Mayor shall have access-to the record of the Corporation and may issue directions to the Commissioner or call for reports from him with a view to ensuring proper implementation of the decision of the Corporation. |
| |
|
| 39. |
Removal of Mayor, Senior Deputy Mayor and Deputy Mayor.-A councillor holding office as Mayor or Senior Deputy Mayor or Deputy Mayor may be removed from his office by a resolution of the Corporation passed by a majority of the total membership of the corporation and by majority of not less than two- thirds of the members of the Corporation present and voting in a meeting of the Corporation in the prescribed manner. |
| |
|
| 40. |
Discharge of functions of the Mayor by the Deputy Mayors.- |
| |
|
| (1) |
When the office of the Mayor is vacant, the Senior Deputy Mayor and in his absence, the Deputy Mayor shall act as Mayor unfit a new Mayor is elected. |
| |
|
| (2) |
When the Mayor is absent from duty on account of illness or any other cause, the Senior Deputy Mayor. and in his absence the Deputy Mayor, shall act as Mayor during his absence. |
| |
|
| 41. |
Resignation of Mayor and Deputy Mayors.- |
| |
|
| (1) |
The Mayor may, by writing under his hand addressed to the Corporation and delivered to the Commissioner, resigns his office. |
| |
|
| (2) |
The Senior Deputy Mayor or the Deputy Mayor may, by writing under his hand addressed to the Mayor and delivered to the Commissioner resign his office. |
| |
|
| (3) |
A resignation under sub-section
(1) or sub-section
(2) shall take effect from the date on which it is delivered. |
| |
|
| 42. |
Committees.- |
| |
|
| (1) |
The Corporation may constitute as many ad hoc committees consisting of such number of councillors and for such terms as it thinks fit for the exercise of any power or discharge of any function which the Corporation may by resolution delegate to them or for inquiring into, reporting or advising upon any manner which the Corporation may refer to them. |
| |
|
| (2) |
An ad hoc committee may with the sanction of the Corporation co-opt not more than three persons who are not members of the Corporation but who in the opinion of the Corporation possess special qualifications for serving on such committee. |
| |
|
| (3) |
The Corporation shall constitute a Water Supply and Sewerage Disposal Committee, a Buildings and Roads Committee, a House Tax Assessment Committee and such other committees as may be prescribed consisting of such number of councillors and for the exercise of such powers or discharge of such functions as may be prescribed. |
| |
|
| (4) |
There shall also be a Finance and Contracts Committee of the Corporation comprising the Mayor, the two Deputy Mayors, two councillors elected by the councillors from amongst themselves and the Commissioners, and the aforesaid Committee shall exercise all the powers of the Corporation in relation to contracts to be entered into for and on its behalf and the purchases so be made by it. |
| |
|
| (5) |
Each committee shall elect one of its members as the Chairman and another member as the Vice Chairman: Provided that the Mayor shall be the ex-officio Chairman of the Finance and Contracts Committee. |
| |
|
| (6) |
Any matter relating to committees not expressly provided in this Act may be provided by regulations made in this behalf. |
| |
|
| 42.A. |
Constitution, Power and Functions of the Wards,' Committees and other Committees.- |
| |
|
| (1) |
In respect of Corporation having population of three lakhs or more, there shall be constituted by the Commissioner by order in writing such number of wards committees as may be determined by him: Provided that a Wards Committee shall consist of not less than five wards. |
| |
|
| (2) |
In constituting Wards Committees, the Commissioner shall maintain geographical contiguity as far as possible. |
| |
|
| (3) |
Each Wards Committee shall consist of,- |
| |
|
| |
(i) the. Councillors elected from the Wards for which the Wards Committee is constituted;
(ii) the Commissioner of the Corporation who shall be the ex officio member; and
(iii) any other officers of the Corporation as the Commissioner may nominate to be ex officio members and one of the officers so nominated shall be the Secretary of the Wards Committee: Provided that the number of ex officio members, appointed to a Wards Committee shall not be more than half the strength of the elected members of the Wards Committee: Provided further that the ex officio members shall have the right to participate in the meetings of the Wards Committee but shall not have the right to vote. |
| |
|
| (4) |
The Chairperson of the Wards Committee shall be elected by the elected Councillors from amongst themselves. |
| |
|
| 42-B. |
Constitution of District Planning Committee |
| |
|
| (1) |
There shall be constituted in every district, a District Planning Committee to consolidate the plans prepared by the Corporation in the District and to prepare a Draft Development Plan for the district as a whole. |
| |
|
| (2) |
The manner in which the seats in the District Planning Committee constituted under sub-section (1) shall be filled, the functions which may be assigned to such Committee and the manner in which the Chairperson of such Committee shall be chosen, shall be as prescribed by the Government, subject, however, to the provisions of Article 243-ZD of the Constitution of India. |
| |
|
| (3) |
In preparing the draft development plan of the district, the District Plan- Metropolitan Planing Committee shall have regard to,
I the matters of common interest between the Panchayats and Municipalities in the district including special planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environment conservation;
II the extent and type of available resources whether financial or other wise. |
| |
|
| (4) |
While preparing the draft development plan of the district, the District Planning Committee shah consult such institutions and organisations as the Government may, by order, specify. |
| |
|
| (5) |
The Chairperson of every District Planning Committee shall forward the draft development plan as recommended by such Committee to the Government, |
| |
|
| 42-C |
Constitution of a Metropolitan Planning Committee.- |
| |
|
| (1) |
There shall be constituted in every Metropolitan Area, a Metropolitan Planning Committee to prepare a draft development plan of the Metropolitan Area as a whole. |
| |
|
| (2) |
The manner in which the seats in such Committee are to be filled, the · functions which may be assigned to such Committee and the manner in which the Chairperson of such Committee is to be chosen, shall be as the Government, may prescribe, subject, however, to the provisions of Article 243 ZE of the Constitution of India. |
| |
|
| (3) |
In preparing the draft development plan of a Metropolitan Area, the Metropolitan planning Committee shall have regard to,- |
| |
|
| |
(i) the plans prepared by the Municipalities, Panchayats and Corporations, as the case may be, falling within the jurisdiction of the Metropolitan Area;
(ii) the matters of common interest between the Corporations, Municipalities, Panchayats including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infra structural and environmental conservation;
(iii) the overall objectives and Priorities set forth by the Government of India and the State Government; and
(iv) the extent and nature of investments likely to be made in the Metropolitan Area by agencies of the Government of India and of the State Government and other available resources whether financial or otherwise. |
| |
|
| (4) |
While preparing the draft development plan of the Metropolitan area, the Metropolitan Planning Committee shall consult such institutions and organisations as the Government may, by order, specify. |
| |
|
| (5) |
The Chairperson of every Metropolitan Planning Committee shall for ward the draft development plan, as recommended by the Committee to the Government." |
|
|
| |
