LexThe ARUNACHAL PRADESH MUNICIPAL ACT, 2OO7 (ACT No.4 OF 2008)
Arunachal Pradesh · state statute
Open in Lexace · Ask the AI about this act THE ARUNACHAL PRADESH MUNICIPAL ACT, 2OO7 (ACT No.4 OF 2008)
(Received the assent of the Governor on 17th March, 2008 and published in the Arunachal Pradesh. E.O.
Gazette No. 23 Vol. XV dated 19th March, 2008)
I.As amended by Arunachal Pradesh MUNICIPAL (Amendment) Act 2010.(Act No 15 of 2010) and assented by
the Governor on 8/10/2010) and published in AP EOG Vol II no 150 Vol XVII Dtd 01/11/2010 (wef 5/09/2010).
2.As amended by Arunachal Pradesh Goods and Services Act 2017.(Act No 7 of 2017) and assented by the Governor
on 24/06/2017) and published in AP EOG Vol II no 176 Vol XXIV Dtd 24/06/2017 (See sec 129(1)(f))
AN
ACT
to introduce and cons olidate the laws relating to the municipal Government in the State of
Arunachal Pradesh in conformity with the provisions of t he constitution of India (Sevent y-fourth
Amendment) Act, 1992,based on the principles of Government at various levels and to intro duce
reforms in financial management and accounting systems, intern al resource generation capacity and
organizational design of Municipalities, t o professionalization of the municipal personnel and to
provide for matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Arunachal Pradesh in the Fifty- eighth Year
of the Republic of India as follows ;-
PRELIMINARY
CIIAPTER – I
1. (1) This Act may be called the Arunachal Pradesh Municipal Act, 2007.
(2) it shall extend to the whole of the State of Arunachal Pradesh or part
thereof as may be notified by the State Govern ment from time to time excluding
defence areas therein.
(3) It shall come into force on such date as the State Government may, b y
notification, appoint in this behalf and different dates may be appointed for
different municipal areas.
2. In this Act, unless the context otherwise requires,-
1) "Adhoc Committee" means an Adhoc Committee appointed under
section 33;
2) "Auditor" means an Auditor appointed under section 93, and includes any
officer authorized by him to perform all or any of the functions of an
Auditor under this Act;
3) "Balance sheet'' means the balance sheet prepared under section 91;
4) "Bio-medical waste" means waste generated during diagnosis, treatm ent
or immunization of human beings or animals or in research activities
pertaining thereto or in the production or testing of biological;
5) "Bridge" includes a culvert;
6) "Budget Estimate’’ means the budget estimate prepared under se ction
84;
7) "Budget Grant" means the total sum entered on the expenditure side of a
budget estimate under a major head and adopted by the Municipality' and
includes any sum by which such budget grant is increased or reduced by
transfer from or to other heads in accordance with the provisions of this
Act and the rules and the regulations there under ;
8) "Building" means a str ucture constructed for whatever purpose and of
whatever materials, and includes the foundation' plinth, walls, floors,
roofs, chimneys, fix ed platforms, verandas balconies, corn ices or
projections or part of a building or anything affixed thereto or any wall
(other than a boundary wall of less than three meters in height) enclosing
or intended to enclose, any land, sign or outdoor display structure but
does not include a tent, shamiana or tarpaulin shelter ;
9) "Cadres" of common municipal services" means the cadres of common
municipal services constituted under sub-section (1) of section 43;
10) "Carriage" means any wheeled vehicle, with springs or other appliances
acting as springs, which is ordinarily used fo r the conveyance of human
beings, and includes a auto -rickshaw, cycle-rickshaw, bicycle or tricycle,
Short title, extent
and
commencement.
Definitions
but does not include a perambulator or other form of vehicle designed for
the conveyance of children or elderly, infirm or handicapped persons ;
11) "Cart" means any hackney or wheeled vehicle with or without sprin gs,
which is not a carriage, and includes a handcart, a cycle van and a push
van but does not include any wheeled vehicle which is propelled by
mechanical power or its trailer ;
12) "Category 'A' post" means a category 'A' post classified as such under
section 37 ;
13) "Category 'B' post" means a category 'B' post classified as such under
section 37;
14) "category 'C' post" means a category 'C' pos t classified as such under
section 37;
15) "category 'D' post" means a category 'D' post classified as such under
section 37;
16) "Chief Councillor” means,-
i. in relation to a Municipal Corporation, the Mayor,
ii. in relation to a Municipal Council, the Municipal Chairperson, and
iii. in relation to Nagar Panchayat, the Municipal president;
17) "Chief Municipal Executive Office/' means,-
i. In relation to a Municipal Council in Capital Region and " Municipal
Executive Officer’’ means,-
ii. in relation to a Municipal Council or Nagar Panchayat, in districts.
18) "City " means a larger urban area declared to be a city under section 3 ;
19) "Class 'A smaller urban area" means a smaller urban area classified as
such under section 7 :
20) "Class 'B' smaller urban area" means a smaller urban area classified as
such under section 7 ;
21) "Class 'C' smaller urban area" means a smaller urban area classified as
such under section 7 ;
22) "Councillor", in relation to a Municipality, means a person chosen by
direct election from a ward of that Municipality;
23) "Cubical extent," with reference to the measurement of a buil ding,
means the space contained within the extern al surface of its walls and
roof and the upper surface of the floor of its lowest or only storey ;
24) "Dangerous disease" means-
a. Cholera ,plague, small-pox, cerebrospinal meningitis, diphtheria,
Tuberculosis, leprosy, influenza, encephalitis, poliomye litis, or
syphilis; or
b. any other epidemic, endemic, infectious disease which the State
Government may, by notification, declare to be a dangerous
disease for the purposes of this Act ;
25) "Deputy Chief Councillor" means,-
a. in relation to a Municipal Corporation, the Deputy Mayor,
b. in relation to a Municipal Council, the Municipal Vice - Chair
Person, and
c. in relation to a Nagar Panchayat, the Municipal Vice President ;
26) "Director of Urban Local Bodies" means an officer appointed as such by
the State Government' and includes an Additional Directo r a Joint
Director, a De puty Director, or any other offi cer of nodal department of
the State Government authorized by it to perform the functions of the
Director of Urban Local Bodies under this Act,
27) "Domestic purpose" in relation to the supply of water, means the purpose
other than those referred to in sub-section ( 3) of section 172 ;
28) "Drain" includes a sewer, a house-drain, a drain of any other description,
a tunnel, a culvert, a ditch, a channel or any other device for carrying off
sullage, sewage, offensive matter, polluted water, rain-water or sub -soil
water ;
29) "Drug" means any substance used as medicine or in the composition or
preparation of medicine, whether for internal or external use, but does not
include a drug within the meaning of clause ( b) of section 3 of the Drugs
and Cosmetics Act,23 of 1940;
30) "Dwelling- house" means a mas onry building constructed, us ed, or
adapted to be used, wholly or principally for human habitation ;
31) "Empowered Standing Committee" means the Empowered Standing
Committee referred to in section21;
32) "Establishment Schedule" means the Establishment Schedule prepared
under section 37 ;
33) "Financial statement "means the financial statement prepared under
section 90 ;
34) " Food" includes every article used for food or drink by man, other than
drugs or water, and any article which ordinarily enters into, or is used in
the composition or prepar ation of, human food, and also includes
confectionery flavouring and colouring matters, spices and condiments ;
35) " Footpath" means a pavement for use by pedestrians which abuts a
category I or category II or category III or category IV road ;
36) " Habitable room" means a room constructed or adapted for human
habitation;
37) "Hazardous process" means the hazardous process defined in Clause
(cb) of section 2 of the Factories Act, 1948 ;
38) "Hazardous wastes" means the categories of wastes specified as such in
the Environment (Protection ) Act, 1986 ;
39) "House- drain" means any drain of one or more premises used for the
drainage of such premises ;
40) "House-gully" means a passage or a strip of land constructed, set apart
or utilized for the purpose of serving as a drain or affording a ccess to a
privy, urinal, cesspool or other receptacle for filthy or polluted matter for
municipal employee ;
41) "Hut" means any building, no substantial part of which, excluding the
walls up to a height of fifty centimetres above the floor o r floor level, is
constructed of masonry, reinforced concrete, steel, iron or other metal ;
42) "Industrial township" means such urban area or part thereof as the
Governor may, having regard to the size of the area and the municipal
services being provided or proposed to be provided by an industrial
establishment in that area and such other factors as he may deem fit, by
notification, specify to be an industrial township ;
43) "Infectious disease" or "communicable disease "means any disease
which may be tr ansmitted from one person to another and declared as
such by the State Government by notification;
44) "Joint Committee" means a Joint Committee constituted under section
34;
45) "Larger urban area" means a municipal area classified as a larger urban
area under section 7 ;
46) "Land or building" includes a slum ;
47) "Market" includes anyplace, by whatever name called, where persons
assemble for the sale of meat, fish, fruit, vegetables, live stock, or any
other article of food of a perishable nature, or any other article fo r which
there is a collection of shops or warehouses or stalls, declared and
licensed by the Municipality as a market'
48) "Masonry building" means any building, other than a hut, and includes
any structure, a substantial part of which is made of maso nry, reinforced
concrete, steel, iron or other metal ;
49) "Milk" includes cream, separated milk, and condensed, sterilized,
desiccated or toned milk ;
50) "Municipal Accounts Committee" means a Municipal Accounts
Committee constituted under section 100 ;
51) "Municipal Accounting Manual" means the Municipal Accounting Manual
prepared and maintained under section 89 ;
52) "Municipal area" means an area constitu ted as a municipal area under
section 6 ;
53) "Municipal drain" means a drain vested in the Municipality;
54) "Municipal Fund" means the Municipal Fund referred to in section 75 ;
55) "Municipal Magistrate" means the Municipal Magistrate appointed under
section 425 ;
56) "Municipal Market" means a market belonging to, or maintained by, the
Municipality;
57) "Municipal Service Commissio n" means the Municipal Service
Commission constituted under section 44 ;
58) "Municipal slaughterhouse" means a slaughterhouse belonging to, or
maintained by, the Municipality;
59) "Municipality" means an institution of self government constituted under
section 12, read with article 243 Q of the Constitution of India, and
includes a Municipal Corporation, a Municipal Council, and Nagar
Panchayat, referred to in section 13;
60) "Notification" means a notification published in the Official Gazette;
63 of 1948
29 of 1986
61) "Nuisance" includes any act, omission, place or thing which causes, or is
likely to cause, injury, danger, annoyance or injurious to health or
property ;
62) "Occupier" includes any person for the time being paying or liable to pay,
to the owner rent or any portion of the re nt of the land or the building in
respect of which the word is used or for damages on account of the
occupation of such land or building, and also includes a rent-free tenant :
Provided that an owner livin g in, of otherwise using, his own land
or building shall be deemed to be the occupier thereof ;
63) "Offensive matter" means kitchen or stable refuse, dung, dirt, putrid or
putrefying substance, or fifth of any kind which is not included in sewage ,
64) "Other agency" means a company firm, society, or body corporate in the
private sector, or any institution, or government agency, or any joint
sector agency, or any agency under any other law for the time br ing in
force ;
65) "Owner" includes the person for the time being receiving the rent of any
land or building or of any part of any land or building, whether on his own
account or as an agent or charitable purpose or as a receiver who would
receive such rent if the land or the building or of any part of the land or
the building were let to a tenant ;
66) "Population" means the population as ascertained at the last preceding
census of which the relevant figures have been published ;
67) "Premises" means any land or building or part of a building or any hut or
part of a hut, and includes -
(a) the garden, ground and outhouses, if any, appertaining thereto, and
(b) any fittings or fixtures affixed to a building or part of a building or hut
or part of a hut for the more beneficial enjoyment thereof;
68) "Prescribed" means prescribed by rules made under this Act;
69) "Presiding officer" means,-
(a) in the case of a Municipal Council, the Municipal Chairperson,
(b) in the case of a Nagar Panchayat, the Municipal President;
70) "Private drain" means any drain which is not a municipal drain;
71) "Private street" means any street, road, lane, gully, alley, passage or
square which is not a public street, and includes any passage securing
access to four or more premises belonging to the same or different
owners, but does not include a passage provided in effecting a partition
of any masonry building am ongst joint owners where such passa ge is
less than two meters and fifty centimetres wide ;
72) "Public building" means a masonry building constructed, used, or
adapted to be used,-
(a) as a place of public worship or as a school, college or other place of
instruction (not being a dwelling -house so used) or as a hospital,
workhouse, public theatre, public cinema, public hall, public concert -
room, public ballroom, public lecture -room, public library or public
exhibition room or as a public place of assembly, or
(b) for any other public purpose, or
(c) as a hotel, lodging -house, refuge or shelter, where the building, in
cubical extent, exceeds seven thousand cubic meters or has
sleeping accommodation for more than one hundred person;
73) "Public street" means any street, road, lane, gully, alley, passage,
pathway, square or court yard, whether a thoroughfare or not, over which
the public have a right of way, and includes :-
(a) the access or approach to a public ferry,
(b) the roadway over any public bridge or causeway,
(c) the footpath attached to any such street, public bridge or causeway,
(d) the passage connecting two public streets, and
(e) the drains attached to any such street, public bridge or causeway,
and, where there is no drain attached to any such street, shall be
deemed to include als o, unless the contrary is shown, ail land up to
the boundary wall, hedge or pillar of the premises, if any, abutting on
the street, or, where a str eet alignment has been fixed, up to such
alignment ;
74) "Regulations" means the regulations made by a Municipality under this
Act ;
75) "Rules" means the Rules made by the State Government under this Act
;
76) "Sewage" means nigh -soil and other contents of privies, urinals,
cesspools or drains, and includes trade effluents and discharges from
manufactories of all kinds;
77) "Smaller urban area" means a municipal area classified as a smaller
urban area under section 7;
78) "State Municipal Service Commission" means the State Municipal
Service Commission constituted under section 45 ;
79) "State Municipal Vigilance Authority" mea ns the State Municipal
Vigilance Authority appointed under section 46 ;
80) "Street" means a public street or a private street ;
81) "Street alignment" means the line dividing the land comprised in, and
forming part of, a street from the adjoining land;
82) "Subject Committee" means a Subject Committee constituted under
section 32 ;
83) "Ward Committee" means a ward Committee referred to in section 31;
84) "Wards Committee" means a wards Committee constituted under section
30 ;
85) "Water-course" includes a ricer, stream or channel, whether natural or
artificial ;
86) "Year" means a financial year beginning on the first day of April.
Chapter-II
Constitution of Municipal Areas and Classification of Municipalities
3. (i) The Governor ma y, after making such inquiry as he may de em fit, and
having regard to the population of any urban area, the density of population
therein, the reven ue generated for the local administrati on of such area, the
percentage of employment in non- agricultural activities in such area, the
economic impor tance of such area, and such other factors as may be
prescribed, by notification, declare his intention to specify such area to be a
larger urban area, or smaller urban area, or a transitional area'.
Provided that no such declaration shall be made unless the population :-
a) in the case of a larger urban area is 75 thousands or more,
b) in the case of a smaller urban area, is twenty five thousand or more but
is less than 75 thousand, and
c) in the case of a transitional area, is less than twenty-five thousand :
Provided further that the non-agricultural population in all cases shall
be eighty five per cent or more.
Explanation :- "revenue generated for the local administration ' shall
not include –
a) taxes, if any, distributed to the Municipa lity by the State
Government,
b) loans and grants from the State Government, and
c) loans and grants from the Central Government or any institution
or other source.
(2) The Governor shall, by notification, declare an area specified as-
i. a larger urban area to be a city,
ii. a smaller area to be a town, and
iii. a transitional area to be a Nagar Panchayat.
(3) Notwithstanding an ything contained in sub -section (l), the Governor
may, by notification, determine separate conditio ns to constitute any hill ar ea,
pilgrim centre, tourist centre of mandi town as a municipal area.
4. (1) The notification about the constitution of a municipal area sha ll be
published in the Official Gazette and in at least two leading newspapers, at least
one of which shall be in vernacular intelligible to the inhabitants of the local area
concerned.
(2) A copy of the notification shall also be pasted in a conspicuous place in
the office of the Collector of the district and, where there is a Municipality also in
the office of the Municipality and in such other public places as the State
Government may direct.
(3) A public proclamation about the constitution of a municipal area shall be
made either by beating of drum throughout the local area concerned or through
Declaration of
Intention to
Constitute a
Municipal area.
Publication of
declaration.
any other publicity media.
5. Any inhabitant of the city, town or Nagar Panchayat in respect of which a
notification has been published under section 4 may, if he objects to anything
contained in the notification, submit his objection in writing to the State
Government within one month from the date of its publication, and the State
Government shall take such objection into consideration.
6. On the expiry of one month from the date of publication of the notification and
after consideration of all or any of the objection which may be submitted. the
Governor may, by notification, constitute such city transitional area or any
specified part thereof as a municipal area under this Act.
7. The Governor may, for the purpose of application of the provisions of this Act,
classify any municipal area on the basis of the population as ascertained at the
last preceding census of which the relevant figures have been published, as-
a) a urban area of-
Class 'A municipal area having population above 75,000 or
Class 'B' municipal area having population above 30,000 but not
exceeding 75,000 or Class 'C' municipal area having population above
20,000, but not exceeding 30,000 , and
b) Nagar Panchayat having population not exceeding 20,000 :
Provided that for the purpose of classification of municipal area in any hill
area, pilgrim centr e, tourist centre of mandi town, the Govern or may, by
notification, determine separate size of population for each class of such
municipal areas'
8. The Governor may by notification,-
a. withdraw any municipal area or part thereof from the operation of this Act,
or
b. exclude from a municipal area any local area com prised therein and
defined in the notification,
c. include within a municipal area an y local area contiguous to such
municipal area and defined in the notification, or
d. divide any municipal area into two or more municipal areas, or
e. unite two or more contiguous municipal area so as to constitute one
municipal area, or
f. revise the boundary of two or more contiguous municipal areas:
Provided th at the procedure laid down for the constitution of a
municipal area under this Act shall be followed mutates mutants in each
such case:
Provided further that the views of the Municipality affected by any
such noti fication shall be invited by th e State Govern ment within such
time as may be specified in the notification, and the State Government
shal1 consider the views of the Municipality as aforesaid before a final
declaration is made:
Provided also that no such notification shall be i ssued where any
part of the municipal area or any neighbouring area is a cantonment or
part of a cantonment, as defined in the Cantonments Act, 1924.
9. Where a dwelling ho use, manufactory, warehouse, or place of industry or
business is situ ated within th e limits of two or mor e adjacent municipal areas,
the State Governmen t may, notwithstanding anything contained elsewher e in
this Act, by notification, declare the municipal within which such dwelling house,
manufactory ware, or place of indus try or business be deemed to be include for
the purpose of this Act.
10. (1) The State Gover nment may, by notification, and for reasons to be
recorded in writing, except Class 'C' municipal areas or Nagar Panchayats from
the operation of any of the provisions of this Act considers unsuited thereto, and,
thereupon, the said provisions shall not apply to such class 'C' municipal areas
or Nagar Panchayats, as the case may be until such provisions are applied
thereto by notification.
Consideration
Of objection
Constitution of
Municipal area.
Classification of
Municipal areas.
Power to abolish or
alter Iimits of
Municipal area.
Power to include
certain dwelling
house, manufactory
etc. within a
particular Municipal
area.
Power to Exempt
Municipal area from
operation of any
provisions of the Act
unsuited thereto.
(2) While a notification under sub- section (1) remains in force, the State
Government may make rules consistent with the provisions of this Act in respect
of any matter within the purview of such provisions from the operation of which
the municipal areas or Nagar Panchayats as aforesaid are exempted.
Chapter-III
Municipality and Municipal Councillors
11. (1) The municipality shall consist of such number of elected Councillors as
there are wards within the municipal area as determined in accordance with the
provisions of any law relating to municipal election in the State.
(2) The Municipality shall be a body corporate with perpetual succession and
a common seal, and may, by the name of the Municipality of the city / town or
the Nagar Pan chayats, as the case may be, by reference to which the
Municipality is known, sue and be sued.
(3) All executive actions of the Empowered Standing
Committee shall be expressed to be taken in the name of the Municipality.
(4) Subject to the provisions of this Act, the Municipality shall have t he
power to acquire, hold and dispose of properties.
12. (1) The Councillors elected in a general election or a by- election of a
municipality in accordance with the provisions of any law relating to municipal
elections in the State, shall constitute the Municipality.
(2) The Municipality shall, unless dissolved earlier, continue for a period of
five years from the date of its first meeting after the general election, and
(3) No longer an election to constitute a Municipality shall be completed, as
the case may be;
(a) before the expiry of the period specified in subsection (2), or
(b) before the expiry of a period of six months from the date of its
dissolution:
Provided that where 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 an election for constituting the Municipality
for such period.
(4) The Municipality constituted upon its dissolution before the expiry of the
period specified in subsection (2) shall continue only for the remainder of the
period for which the dissolved Municipality would have continued under sub -
section (2) had it not been so dissolved.
(5) In a municipal area newly constituted, the local authority having
jurisdiction over such area immediately before such area was constituted a
municipal area, shall continue to have jurisdiction and to perform its functions till
such time , not exceeding six months from the date of the notification under
section 6, as may be necessary for holding elections.
(6) If, for any reason, it is not possible to hold the general election of a
Municipality before the expiry of the period of five years specified in subsection
(2), the Municipality shall stand dissolve d on the expiry of the said period, and
all the powers and functions vested in the municipal authorities under this Act or
under any other law for the time being in force shall be exercised or performed,
as the case may be, by such person or persons to be designated as
Administrator or Board of Administrators as the State Govern ment may, by
notification, appoint.
13.Each Municipality shall consist of such number of Councillors as are
specified in the Table below:-
The Municipality
Constitution of
Municipality.
Constitution of
Municipality
Constitution of
Municipality
The Table
Number of Councillors
Population Range Minimum Incremental Number Maximum
Municipal Councils
Class ‘A’ l5 One additional Councillor for 25 Municipal Council
every 5,000 above 75,000
Class 'B' 10 One additional Councillor for 20
Municipal Council every 3,000 above 50,000
Class 'C' 8 One additional Councillor for 16
Municipal Council every 2,500 above 30,000
Nagar Panchayat
Nagar Panchayat 6 10
14. Notwithstanding anything contained in this Act, the superintendence,
Direction and control of the preparation of electoral rolls for, and the Conduct of,
all elections of Councillors shall be vested in the State Election Commission
constituted under the State Election Commission Act or the State Municipal
Election Act, as the case may be.
15. (l) Notwithstanding anything contained in the Indian Oaths Act, 1873, every
person who is elected as a Councillor shall, before taking his seat, make and
subscribe an oath or affirmation of his allegiance to the Constitution of India
before the District Magis trate or the magistrate in -charge of the sub -division in
which the municipal area is situated or an officer of the State Government
authorized in this behalf by the District magistrate.
(2) The oath shall be in the following form :-
"I, A. B., have been elected a Councillor of the municipal area 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 duties upon which I am about to enter".
(3) Any person who, having been elected a Council lor, fails to mak e and
subscribe, within three m onths of the date on which his term of office
commences, the oath or affirmation under sub -section (1), shall cease to hold
his office and his seat shall be deemed to be vacant :
Provided that the State Govern ment may, for reasons to be recorded
in writing, extend each case or class of cases the period of three months as it
thinks fit.
16. Subject to the provisions of sub -section (3) or subsection (4), as the
case may be, of section 12, a Councillor
shall hold office for a period of five years from the date of the first meeting of the
Municipality under section 35 or, in the case of a Councillor chose n to fill a
casual vacancy, for the remainder of the term of office of his predecessor,
unless –
a. the Municipality is dissolved earlier, or
b. he resigns his office by notice, in writing, under his hand addressed to
Chief Councillor, and, thereupon, his office shall become vacant from the
date of the notice, or
c. his election is void, or is declared to be void, under the provisions of any
law relating to municipal elections in the State, or
d. the entire area of the ward from which he has been elected is withdrawn
from the operation of this Act under clause (a) of sub-section (1) of
section 8.
17. (l) Every Councillor shall be deemed to have vacated his office forthwith if he
is recalled by means of secret ballot by a majority of the total number of voters
Election of
Councillors.
Oath of allegiance to
be taken by
Councillors.
Term of office of
Councillors of
Municipality.
Recall of
Councillors.
of the concerned ward of the municipal area casting the vote in accordance with
such procedure as may be prescribed ;
Provided that no process of recalled shall be initiated unless a proposal in
this behalf is signed by not less than thre e-fourth of the total number of
Councillors and presented to the Collector or Chie f Municipal Executive Officer/
the Municipal Executive Officer:
Provided further that no such process of recall shall be initiated-
i. within a period of two years from the date or which a Councillor is elected
and enters upon, his office, or
ii. if half of the term of office of a Councillor elected in a bye-election has not
expired:
Provided also that the process of recall of a Councillor shall be
initiated once only during the term of his office.
(2) when a proposal for recall of a Councillor i s presented to the Collector
under the first provision to sub -section (1), the Collector/Chief Municipal
Executive Officer/the Municipal Executive Officer shall, after satisfying h imself
and verifying that not less than three -fourth of the Councillors have signed the
proposal, send the proposa l to the State Govern ment shall make a reference to
tire State Election Commission.
(3) On receipt of the reference under sub -section ( 2), the State Election
Commission shall arrange for voting on the proposal of recall in such manner as
may be prescribed.
18. No employee of any Municipality shall be eligible to contest an el ection to
become a Councillor of any
Municipality.
19. The Ch ief Councillor , the other members of the Empowered St anding
Committee, and the other Councillors ma y receive such remuneration and
allowances as may be prescribed :
Provided that different rates may be prescribed for different classes of
Municipalities.
Chapter-IV
Municipal Authorities
20. (1) The Municipal Authorities for the purposes of giving effect to the
Provisions of this Act shall be,-
(a)in the case of a Class 'A or Class 'B' or Class ‘C’, Smaller urban area,-
i. The Municipal Council,
ii. The Empowered Standing Committee,
iii. The Municipal Chairperson, and
iv. The Municipal Executive Officer;
(b) In the case of a Nagar Panchayat,-
i. The Nagar Panchayat,
ii. the Empowered Standing Committee,
iii. the Municipal President, and
iv. The Municipal Executive Officer.
(2) The presiding officer of the Municipality shall be, in the case of-
a. The Municipal Council, the Municipal Chairperson, and,
b. The Nagar Panchayat, the Municipal President.
21. (1) In every Municipality there shall be an Empowered Standing Committee.
(2) The Empowered Standing committee shall consist of-
a. In the case of a class 'A’ or class 'B' Municipal Council, the
Municipal Chairperson, the Municipal Vice -Chairperson, and five
Disqualification for
being a Councillor if
employed in a
Municipality.
Remuneration and
allowances of
Councillors.
Municipal
authorities.
Constitution of
Empowered
other Councillors;
b. in the case of a Class 'C' Municipal Council, the Municipal Vice -
Chairperson, and three other Councillors; and
c. in the case of a Nagar panchayat, the Municipal President, the
Municipal Vice-president, and three other Councillors.
(3) The Municipal Vice Chairman or the Municipal Vice President, as the
case may be, of a Mun icipal Council or a Nagar Panchayat, sha1l be elected by
the Councillors from among the Councillors.
(4) The other members of the Empowered Standing Committee shall be
nominated by the Chief Councillor from among the Councillors within a period of
seven days of his entering office.
(5) The members of the Empowered Standing Committee shall assume
charge after taking the oath of secrecy under section 24.
(6) The Chief Councillor shall be the presiding of ficer of the Empowered
Standing Committee.
(7) The manner of transaction of business of the Empowered Stand ing
Committee shall be such as may be prescribed.
(8) The Empowered Standing Committee shall be collectively responsible to
the Municipal Council or the Nagar Panchayat, as the case may be.
22. Subject to the Provision s of this Act and the rules and the regulations made
there under, the executive power of a Municipality shall be exercised by
Empowered Standing Committee.
23. (1) The Coun cillors shall, in the first meeting under section 35, elect in
accordance with such procedure as may be prescribed one of the Councillors to
be the Chief Councillor, who shall assume office forthwith after taking the oath of
secrecy under section 24.
(2) If the Councillors fail to elect a Chief Councillor under sub-section (1), the
State Government shall appoint by name o ne of the Councillors to be the Chief
Councillor.
(3) In the case of any casual vacancy in the office of the Chief Councillor
caused by death, resignation, removal or otherwise, and to fill up the vacancy,
the councillors may elect one of the councillors to be chief councillor as may be
prescribed.
24. (1) The Councillor and the members of the Empowered Standing Committee
of a Municipality shall assume office after ta king the oath of secrecy in the
following form:-
"I, A. B. do sw ear in the name of God/solemnly aff irm that I will not directly or
indirectly communicate or reveal to any per son or persons any matter which
shall be brought under my consideration or shall become known to me as the
presiding officer or as member of the Empow ered Standing Committee except
as may be required for the due discharge of my duties".
(2) The oath of secrecy shall be administered by:-
In the case of a Municipal Council or a Nagar Panchayat, the Disti nct
Magistrate or the Magistrate in-charge of the Sub - division in which the
municipal area is situ ated or an officer of the State Govern ment authorized in
this behalf by the District Magistrate.
25. (1) The Chief Councillor shall cease to hold office as such if he ceases to be
a Councillor.
(2) The Chief Councillor may, at any, time, by giving a notice, in writing to the
Standing
Committee.
Executive power of
Municipality to be
exercised by
Empowered
Standing
Committee.
Election of
Chief Councillor.
Oath of secrecy to
be taken by Chief
Councillor and
members of
Empowered
Standing
Committee.
Chief Councillor.
Municipality resign his office, and the proced ure for accept ance or otherwise of
the resignation shall be such as may be prescribed.
(3) The Chief Councillor may be removed from office by a resolution carried
out by a majority of the total number of councillors holding office for the time
being at a special meeting to be called for this purpose in the manner as
prescribed, upon a requisition made in writing by not less than one - third of the
total number of Councillors, and the procedure for the conduct of business in the
special meeting shall be such as may be prescribed.
Provided that no such resolution shall be moved before the expiry of six
months from the date of entering office by the Chief Councillor, and if such
resolution is not carried by a majority of the total number of councillors, no
further resolution for such purpose shall be moved before the expiry of a period
of six months from the date on which the former resolution was moved.
26. (1) The Deputy Chief Councillor shall, in the absence of the Chief Councillor,
preside over the meetings of the Municipality.
(2) When-
a. The office of the Chief Councillor falls vacant by reason of death,
resignation, removal or otherwise, or
b. The Chief Councillor is, by reason of reason of Ieave, illness or other
cause, temporarily un able to exercise th e powers, perform the functions,
or discharge the duties, of his office,
The Deputy Chief Councillor shall exercise the powers, perform the
functions, and discharge the duties, of the Chief Councillor until a Chief
Councillor is elected under subsection (3) of section 23 and enters office
or until the Chief Councillor resumes his duties.
(3) The Deputy Chief Councillor shall, at any time, exercise such other
powers, perform such other functions, and discharge such other duties, as may
be delegated to him under the provisions of this Act.
27. The term of office of the Chief Councillor and the members of the
Empowered Standing Committee sha ll be conterminous with the duration of the
Municipality.
28. (1) The Municipality may, by resolution, delegate, subject to such conditions
as may be specified in the resolution, an y of its powers or functions to the
Empowered Standing Committee.
(2) The Empowered Standing Committee may, by order
in writing delegate, subject to such conditions as may be specified in the order,
any of its powers or functions to the Chief Councillor or to the Chief Municipal
Executive Officer/ Municipal Executive Officer.
(3) Subject to such standing orders as may be made by the Empowered
Standing Committee in this behalf,-
a. the Chief Councillor may, by order, delegate, subject to such conditions
as maybe specified in the order, any of his powers or functions to the
Deputy Chief Councillor or the Chief Municipal Executive Officer
Municipal Executive Officer.
b. the Chief Municipal Executive Office Municipal Executive Officer, may. by
order subject to such conditions as may be specifi c in the order, any of
his powers or function excluding t he powers or functions under
subsection (2) of section 354 or section 365 to any office r or other
employee of the Municipality; and
c. any officer of the Municipality, oth er than t he Chief Municipal Executive
Officer / Municipal; Executive Officer, may, by order, delegate, sub ject to
such conditions as may be specified the order, any of his po wers or
functions any other officer subordinate to him'
(4) Notwithstanding anything contained in this section, the E mpowered
Deputy Chief
Councillor.
Term of office of
Chief Councillor and
members of
Empowered
Standing
Committee.
Delegation of
powers and
functions.
Standing Committee, the Councillor, the Mun icipal Officer, or the other of ficer
referred to in clause (c) of sub-section (3) shall not delegate-
a. any of its or his powers or functions delegate to it or him under this
section, or
b. such of its or his powers or functions as may be specified by regulations.
29. (1) The office of the Chief Councillor in the Municipality' shall be reserved for
Scheduled Tribes, and women to such extent, and in su ch manner, as may be
prescribed Wards Committee.
30. (1) Every Municipal Council, at its first meeting afte r the election of
Councillors thereto or as soon as may be thereafter, group the wards of the
Council in such manner that each group consists of no l ess than three
contiguous wards, and constitute wards committee for each such group.
(2) Each wards committee shall consist of the councillors elected from the
wards constituting the groups.
(3) A councillor of the wards committee representing constituent ward shall
hold office till he ceases til l he ceases to be the councillor representing such
ward.
(4) The council lors of each w ards committee shall elect from amon gst
themselves one councillor, w ho shall not be a m ember of tire empowered
standing committee, to be its Chair Person.
(5) The Chairperson of a wards committee may, at any time, resign his office
by giving notice in w riting to the Chairman and the resigna tion shall take effect
from the date of acceptance by the Chairman.
(6) A wards committee shall, subject to the general supervision and control of
the Empow ered Standing Committee, discharge, w ithin the local limits of the
group of w ards, the functions of the Municipalit y relating to the provision of
supply-pipes and drainage and sew erage connections to premises, removal of
accumulated water on the streets or public places due to rain or otherwise,
collection and removal of solid wastes, disinfection, prov ision of health
immunization services and slum services, provision of lighting, repair of category
IV and category V roads, maintenance of parks, drains and gullies, issue of
license under sub -section (1) of section 369, and such other functions as the
Municipality may, from time to time, determine by regulations.
(7) The Empowered Standing Committee shall assign to a wards committee
such number of officers and other Excerpt shown. Open the full act in Lexace.