3. Declaration etc. of transitional area and smaller urban area. -

[(1) Any area specified by  the Governor in a notification under clause (2) of Article 243-Q of the Constitution with such  limits as are specified therein to be a transitional area or a smaller urban area, as the case may be.  

(2) The Governor may, by a subsequent notification under clause (2) of Article 243-Q of the  Constitution, include or exclude any area in or from a transitional area or a smaller urban area  referred to in sub-section (1), as the case may be.]  

(3) [The notifications referred to in sub-sections (1) and (2)] shall be subject to the condition of  the notification being issued after the previous publication required by Section 4 and  notwithstanding anything in this section, no area which is, or is part of, a cantonment shall be  declared to be a transitional area or a smaller urban area or be included therein under this section.  

[3A. Municipality for every transitional area and smaller urban area. -

(1) A municipality  constituted under clause (1) of Article 243-Q of the Constitution in accordance with Part IX-A  thereof shall, -  

(a) for every transitional area, be known as the Nagar Panchayat;  

(b) for every smaller urban area be known as the Municipal Council.]  

(2) Every Nagar Panchayat or Municipal Council constituted under subsection (1), shall be a  body corporate.  

(3) Notwithstanding anything in sub-section (1), - 

(a) every Municipal Board existing immediately before the commencement of the Uttar  Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, shall [from such  commencement and until the first constitution of the Municipal Council under this Act as  amended by the said Act be deemed to be a Municipal Council under the Act;]  

(b) every notified area committee constituted under Section 338 or Town Area Committee  constituted under the Uttar Pradesh Town Areas Act, 1914, as it stood immediately before  the commencement of the Act referred to in clause (a), shall [from such commencement and  until the first constitution of the Nagar Panchayat under this Act, as amended by the Act  referred to in clause (a)] be deemed to be a Nagar Panchayat under this Act.  

1[“3B. Constitution and composition of Ward Committee. -

(1) Each Ward Committee  constituted under clause (1) of Article 243-S of the Constitution within the territorial area of a  Municipal Council having a population of three lakhs or more, shall consist of one ward.  

(2) The territorial area of a Ward Committee shall consist of the territorial area of the concerned  ward.  

(3) Each Ward Committee shall consist of -  

(a) the member of the Municipal Council representing the ward;  

(b) such other members not exceeding ten as may be nominated by the Municipal Council,  from amongst persons registered as electors within the territorial area of the concerned  Ward Committee, office bearers of citizens welfare societies and representatives of non government organizations, who have special knowledge or experience of municipal  administration :  

Provided that not less than one third number of total number of members shall be reserved for  women and if in determining such number there comes a remainder, the quotient shall be  increased by one.  

(4) The member representing that ward in the Municipal Council shall be the Chairperson of that  Committee.  

(5) A Group 'C' employee of the Municipal Council authorised by the Executive Officer shall be  the Secretary of the Ward Committee.  

(6) The duration of the office of the Chairperson shall be co-terminous with the term of the Ward  Committee.  

(7) The Chairperson shall vacate office as soon as he ceases to be a member of the Municipal  Council.  

(8) In the event of the office of the Chairperson falling vacant, due to resignation or otherwise,  before the expiry of his term, the Ward Committee, shall, as soon as may be, on occurrence of  the vacancy, elect a new Chairperson from amongst the members nominated under clause (b) of  sub-section (3) :  

Provided that the Chairperson so elected shall hold office only for the remainder of the period for  which the person in whose place he is elected would have held it if such vacancy had not  occurred.  

(9) The duration of Ward Committee shall be co-terminous with the term of the Municipal  Council.  

(10) Subject to the provisions of this Act the Ward Committee shall exercise such powers and  perform such functions as may be prescribed by rules.”] 

4. Preliminary procedure to issue notification. -

1[(1) Before the issue of a  notification] 2[referred to in Section 3], the 3[Governor] shall publish in the Official  Gazette 4[and in a paper approved by it for purposes of publication of public notices, published  in the district or, if there is no such paper in the district, in the division in which the local area  covered by the notification is situate] and cause to be affixed at the office of the District  Magistrate and at one or more conspicuous places within or adjacent to the local area concerned  a draft in Hindi or the proposed notification along with a notice stating that the draft will be  taken into consideration on the expiry of the period as may be stated in the notice.]  

(2) The 3[Governor] shall, before issuing the notification consider any objection or suggestion in  writing which it receives from any person, in respect of the draft 1[within the period stated].  

5. Effect of including area in [transitional area or smaller urban area.] -

5[Where by a  notification referred to in sub-section (2) of Section 3 the Governor includes any  area] [transitional area or smaller urban area], such area shall thereby become subject to all  notifications, rules, regulations, bye-laws, orders, directions, issued or made under this or any  other enactment and in force throughout the [transitional area or smaller urban area], at the time  immediately preceding the inclusion of the area.  

The 6[Municipality]  

6. 7[* * *]  

7. Duties of [Municipality]. -

(1) It shall be the duty of every [Municipality] to make reasonable  provision 8[within the municipal area for], -  

(a) lighting public street and places;  

(b) watering public streets and places;  

9[(bb) making a survey, and erection of boundary marks, of the Municipality;]  

(c) cleaning public sheets, places and drains, removing noxious vegetation, and  abating all public nuisances;  

(d) regulating offensive, dangerous or obnoxious trades, callings or practices;

2[(dd) confinement, removal or destruction of stray dogs and dangerous animals;]  

(e) removing, on the ground of public safety, health or convenience, undesirable  obstructions and projection in streets or public places;  

(f) securing or removing dangerous buildings or places;  

(g) acquiring, maintaining, changing, and regulating places for the disposal of the  dead [and making arrangements for disposal of unclaimed dead bodies after  ascertaining from the police in writing that there is no objection to do so;]  

(h) constructing, altering and maintaining public streets, culverts, 1[markets] latrines,  privies, urinals, drains, drainage works and sewerage works;  

2[(hh) reclaiming unhealthy localities;]  

(i) Planting and maintaining trees on road sides and other public places; 

(ii) providing water supply for domestic, industrial and commercial purposes;]  

(j) providing a sufficient supply of pure and wholesome water where the health of the  inhabitants is endangered by the insufficiency or unwholesomeness of the  existing supply, guarding from pollution water use for human consumption and  preventing polluted water from being so used;  

2[(jj) maintaining in addition to any other source of water supply, public wells, if any,  in working condition, guarding from pollution their water and keeping it fit for  human consumption;]  

(k) registering births and deaths;  

(l) establishing and maintaining a system of public vaccination;  

(m) establishing maintaining or supporting public hospitals and dispensaries, and  providing public medical relief;  

2[(mm) establishing, maintaining and assisting maternity centres and child welfare  and birth control clinics and promoting population control, family welfare and small  family norms;]  

3[(n) maintaining or contributing to the maintenance of veterinary hospitals;] 

4[(nn) establishing and maintaining or guaranteeing aid to institutions of physical  culture;]   

5[(o)] establishing and maintaining primary schools;  

4[(p)] rendering assistance in extinguishing fires and protecting life and property  when fires occur;  

1[(q) protecting, maintaining and developing the property vested in, or entrusted to  the management of the] [Municipality];  

2[(qq) maintaining the finances of the] [Municipality] in satisfactory condition and  meeting its liabilities;  

4[(r)] [prompt attention to official letters and preparation of] such returns, statements  and reports as the [State Government] requires the [Municipality] to submit; and  

4[(s)] fulfilling any obligation imposed by law upon it;  

3[(t) regulating tanneries;  

(u) construction and maintenance of parking lots, bus stops and public  conveniences;  

(v) promoting urban forestry and ecological aspects and protection of the  environment;  

(w) safeguarding the interests of weaker sections of society including the  handicapped and mentally retarded;  

(x) promoting cultural, educational and aesthetic aspects;  

(y) constructing and maintaining cattle pounds and preventing cruelty to animals;  (z) slum improvement and upgradation;  

(za) urban poverty alleviation;  

(zb) providing urban amenities and facilities such as gardens, public parks and play  grounds.]  

(2) 4[* * *]  

8. Discretionary functions of [Municipalities]. -

(1) A [Municipality] may make provision,  within the limits of the municipality 5[and with the sanction of the] [Prescribed  Authority] outside such limits for -  

(a) laying out, in areas whether previously built upon or not, new public streets and  acquiring land for that purpose and for the, construction of buildings, and their  compounds, to abut on such streets;  

1[(aa) preparing and executing Master Plan;]

(b) constructing, establishing, maintaining [or contributing to the maintenance of] [* *  *] libraries, museums, [reading rooms, radio receiving stations, leper's homes,  orphanages, baby-folds and rescue homes for women], lunatic asylums, halls,  offices, dharamshalas, rest-houses, encamping grounds, poor-houses, dairies,  baths, bathing ghats, washing places, drinking fountains, tanks, wells, dams and  other works of public utility;  

(c) 2[* * *]  

(d) furthering educational objects by measures other than the establishment and  maintenance of primary schools;  

(e) taking a census, and granting rewards for information which, may tend to secure  the correct registration of vital statistics;  

3[(ee) granting rewards for information leading to the detection of evasion of tax  imposed under this Act, or the detection of the causing of injury to or  encroachment on property vested in or entrusted to the management and control  of the] [Municipality];  

4(f) [* * *]  

(g) giving relief on the occurrence of local calamities, by the establishment and  maintenance of relief words or otherwise;  

(h) 4 [* * *]  

(i) securing or assisting to secure suitable places for the carrying on of any trade or  manufacture mentioned under sub-head (a) of heading G of Section 298;  

(j) establishing and maintaining a farm or factory for the disposal of sewage;  3[(jj) making arrangements for preparation of compost manure from nightsoil and  rubbish;]  

(k) constructing, subsidizing or guaranteeing tramways, railroads or other means of  locomotion and electric or gas lighting or electric or gas power works;  4[(kk) promoting tourist traffic;]  

(l) holding fairs and exhibitions; [* * *]  

5[(ll) preparing and executing House and Town Planning Schemes; 

(lll) taking measures to promote trade and industry;  

(llll) supply of milk;  

(lllll) establishing Labour Welfare Centres for its employees and subsidizing the  activities of any association, union or club of such employees by grant or loan, for  its general advancement;] 

(llllll) organizing or contributing to [Municipality] Unions;  

(m) adopting any measure, other than a measure specified in Section 7 or in the  foregoing provisions of this section likely to promote the public safety, health, or  convenience; [and]  

1[(mm) removing social disabilities of Scheduled Castes and Backward Classes in  such manner as may be prescribed;]  

3[(mmm) taking measures for the control of beggary;]  

2[(n) the doing of anything whereon expenditure is declared by the] [State  Government] or by the [Municipality with the sanction] of the [Prescribed  Authority] to be an appropriate charge on the Municipal fund;  

3[Provided that the] 3State Government] may in respect of any Municipality or all Municipalities,  by notification in the Official Gazette, declare any of the functions mentioned in this section to  be a duty of Municipality or [Municipalities] concerned and thereupon the provisions of this act  shall apply thereto as if it had been duty imposed by Section 7.  

(2) A [Municipality] may make provision for the extension beyond the limits of the municipality  of the benefits of any municipal undertaking :  

Provided that no provision shall be made for the extension of the benefits of a municipal  undertaking for the supply of water to any local area which comprises or contains the whole or a  portion of a cantonment without the previous sanction of the 4[Central Government].  

(3) 5[* * *]  

8A. 6[* * *]  

7[9. Composition of Municipality. -

(1) A Municipality shall consist of a President, who shall  be its Chairperson, and, -  

(a) the elected members, whose number shall, -

(i) in the case of a Nagar Panchayat, be not less than 10, and not more than  24; and  

(ii) in the case of a Municipal Council, be not less than 25 and not more than  55, as the State Government may, by notification in the Official Gazette  specify;  

(b) the ex-officio members, comprising all members of the House of the People and  the State Legislative Assembly representing constituencies which comprise wholly  or partly the municipal area;  

(c) the ex-officio members, comprising all members of the Council of States and the  State Legislative Council who are registered as electors within the municipal area;  

(d) nominated members, who shall be nominated by the State Government, by  notification in the Official Gazette, from amongst persons having special  knowledge or experience in municipal administration and whose numbers shall in  the case of -  

(i) Nagar Panchayat, be not less than two and not more than three; 

(ii) Municipal Council, be not less than three and not more than five;  

(e) the Chairperson of the committees, if any, established under Section 104, if they  are not members under any of the foregoing clauses :  

1[Provided that the persons referred to in clause (d) shall hold office during the pleasure of the  State Government and they shall have the right to vote in the meetings of the Municipalities.]  

Provided further that any vacancy in any category of members referred to in clauses (a) to (e)  shall be no bar to the constitution or reconstitution of a municipality.]  

2 [9A. Reservation of seats. -

(1) In every municipality seats shall be reserved for  the] [Scheduled Castes, the Scheduled Tribes and the Backward Classes] 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 that municipality as the population of the Scheduled Castes in the  Municipal area or of the Scheduled Tribes in the Municipal area [or of the Backward Classes in  the Municipal area] bears to the total population of such area and such seats may be allotted by  rotation to different wards in a municipality in such order as may be prescribed by rules :  

[Provided that the reservation for the backward classes shall not exceed twenty seven per cent of  the total number of seats in the municipality.  

Provided further that if the figures of population of the backward classes are not available, their  population may be determined by carrying out a survey in the manner prescribed by rules.]

(2)1 [* * *]  

(3) Not less than one-third of the total number of seats reserved under 2[sub-section (1)] shall be  reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes or the  Backward Classes, as the case may be.  

(4) Not less than one-third of the total number of seats in a municipality including the number of  seats reserved under sub-section (3) shall be reserved for women and such seats may be allotted  by rotation to different wards in a municipality in such order as may be prescribed by rules.  

3[(5) The offices of President and] 4* * *] of the Municipal Councils and Nagar Panchayat shall  be reserved and allotted for the Scheduled Castes, the Scheduled Tribes and the Backward  Classes and Women, in the manner given below :-  

(1) Reservation and allotment of offices of the President. -

(a) The reservation and  allotment of offices of the President under this sub-section, shall be done separately for the  Municipal Councils and Nagar Panchayats in the manner hereinafter provided.  

(b) The number of offices to be reserved -  

(i) for the Scheduled Castes or for the Scheduled Tribes or for the backward classes  shall be determined in the manner that it shall bear, as nearly as may be, the same  proportion to the total number of offices in the State as the population of the  Scheduled Castes in the urban area of the State, or of the Scheduled Tribes in the  urban area of the State, or of the backward classes in the urban area of the State  bears to the total population of such area in the State and if in determining such  number of offices, there comes a remainder then, if it is half or less than half of the  divisor, it shall be ignored and if it is more than half of the divisor, the quotient shall  be increased by one and the number so arrived at shall be the number of offices to be  reserved for the Scheduled Castes or the Scheduled Tribes or the backward classes,  as the case may be :  

Provided that the number of offices to be reserved for the backward classes under this clause  shall not be more than twenty-seven per cent of the total number of offices in the State; 

(ii) for the women belonging to the Scheduled Castes, the Scheduled Tribes and the  backward classes, as the case may be, under sub-section (3) shall not be less than  one-third of the number of offices for the Scheduled Castes, Scheduled Tribes and  for the backward classes and if in determining such number of offices there comes a  remainder then the quotient shall be increased by one and the number so arrived at  shall, as the case may be, the number of offices be reserved for women belonging to  the Scheduled Castes, Scheduled Tribes and backward classes :  

Provided that the number of offices to be reserved for the backward classes under this clause  shall not be more than twenty-seven per cent of the total number of offices in the State;  

(iii) for the women belonging to the Scheduled Castes, the Scheduled Tribes and the  backward classes, as the case may be, under subsection (3) shall not be less than  one-third of the number of offices for the Scheduled Castes, Scheduled Tribes and  for the backward classes and if in determining such number of offices there comes a  remainder then the quotient shall be increased by one and the number so arrived at  shall, as the case may be, the number of offices be reserved for women belonging to  the Scheduled Castes, Scheduled Tribes and backward classes. 

(c) All Municipal Councils and Nagar Panchayats of the State shall be arranged in such serial  order that the Municipal Councils or Nagar Panchayats having largest percentage of  population of Scheduled Castes in the State, shall be placed at Serial Number 1 and  Municipal Councils or Nagar Panchayats having lesser population of the Scheduled Castes  than those shall be placed at number 2 and the rest shall likewise be placed respectively at  succeeding numbers.  

(d) Subject to item (ii) of sub-clause (b) the number of offices of the Presidents determined  under sub-clause (b) for Municipal Councils or the Nagar Panchayats of the State shall be  allotted to different Municipal Councils or Nagar Panchayats in the State, as the case may  be, in the manner that -  

(i) the number of offices determined under item (i) of sub-clause (b) for the offices of  Scheduled Castes including the number of offices determined under item (ii) of the  said sub-clause for the women belonging to the Scheduled Castes, shall be allotted  to Scheduled Castes next to the Municipal Council or Nagar Panchayat placed at  Serial No. 1 under sub-clause (c) :  

Provided that such Municipal Council or Nagar Panchayats shall be first allotted to the women  belonging to the Scheduled Castes :  

(ii) the number of offices determined under item (i) of sub-clause (b) for the offices of  Scheduled Tribes including the number of offices determined under item (ii) of the  said sub-clause for the women belonging to the Scheduled Tribes be allotted to  Scheduled Tribes serial-wise next to the last serial allotted under item (i) :  

Provided that such Municipal Council or Nagar Panchayat shall be first allotted to the women  belonging to the Scheduled Tribes.  

(iii) the number of offices determined under item (i) of sub-clause (b), for the offices of  backward classes including the number of offices determined under item (ii) of the  said sub-clause for the women belonging to the backward classes shall be allotted to  backward classes serial-wise next to the last serial number allotted under item (ii) :  

Provided that such Municipal Council or Nagar Panchayat shall be first allotted to the women  belonging to the backward classes.  

(iv) the number of offices determined under item (ii) of sub-clause (b) excluding the  officers determined under the said sub-clause for the women of Scheduled Castes,  Scheduled Tribes and backward classes shall be allotted to the women serial-wise  next to the last serial number allotted under item (iii).  

(e) If on the basis of the population of Scheduled Castes or Scheduled Tribes in a Municipal  Council or Nagar Panchayat - 

(i) only one office could be reserved for the Scheduled Castes or for the Scheduled  Tribes, as the case may be, such office shall be allotted to the women.  

(ii) no office could be reserved for the Scheduled Castes or for the Scheduled Tribes,  the order of allotment of offices referred in sub-clause (d) shall be so adhered to as if  there is no reference in it to the Scheduled Castes or to the Scheduled Tribes, as the  case may be.  

(f) The offices allotted in any previous election to the Scheduled Castes, the Scheduled  Tribes, the backward classes or the women shall not be allotted in the subsequent election  respectively to the Scheduled Castes, the Scheduled Tribes, the backward classes or the  women and the offices in such subsequent election shall be allotted serially from the next  to the last office allotted to the women in the previous election in the order referred to in  sub-clause (d) in cyclic order.  

1["Explanation- I :

It is hereby clarified that the words "previous election" and "subsequent  election" as occurring in sub-clause (f) of this clause and elsewhere in the Act shall not  include and shall be deemed to have never included the elections held in accordance with  the provision's of the Uttar Pradesh Municipalities (Amendment) Ordinance. 2006 (Uttar  Pradesh' Ordinance no. 3 0f 2006) and this Act as amended by the said Ordinance.  Explanationii : Notwithstanding the repeal of the Uttar Pradesh Municipalities  (Amendment) Ordinance, 2006 (UP. Ordinance no. 3 of 2006) and this act as amended by  the said ordinance.  

Explanation-II

Notwithstanding the repeal of the Uttar Pradesh Municipalities  (Amendment) Ordinance. 2006 and its'substitution by the Uttar Pradesh. Urban Local Self  Government Laws' (Amendment) Act. 2006 (UP. Act no. 25 of 2006) or the .judgement,  order or decree of any Court. Tribunal or Authority it is hereby declared that the elections  held in accordance with the provisions of' the said Ordniance and this Act as amended by  the said Ordinance shall not be deemed to be the "previous election" as contemplated  under this section and the next elections to be held under this section accordingly shall not  be deemed to be subsequent election”] 

(2) 2[x x x]  

(3) Allotment order. -

(a) Notwithstanding anything contained in the foregoing clauses the State  Government shall, determining the number of offices to be reserved for the Scheduled Castes,  Scheduled Tribes, Backward Classes and the women, by order published in the Gazette, allot the  offices to the Municipalities.  

(b) The draft of order under sub-clause (a) shall he published for objections for a period of  not less than seven days.  

(c) The State Government shall consider the objections, if any, but it shall not be necessary  to hear in person on such objections unless the State Government considers it necessary so  to do and thereupon it shall become final.  

(d) The draft of order referred to in sub-clause (b) shall be published in at least one daily  newspaper having wide circulation in the concerned district and shall also be affixed on  the notice board of the offices of the District Magistrate and the concerned Municipality.  

(6) The reservation of seats and offices of the Presidents for the Scheduled Castes and the  Scheduled Tribes under this section shall cease to have effect on the expiration of the period  specified in Article 334 of the Constitution.  

 

Explanation. -

It is clarified that nothing on this section shall prevent the persons belonging to  the Scheduled Castes, Scheduled Tribes, the Backward Classes and the women from contesting  election to unreserved seats and offices.  

10.1 [* * *]  

2[10A. Term of municipality. -

(1) Every municipality shall, unless sooner dissolved under  Section 39, continue for five years from the date appointed for its first meeting and no longer.  

(2) An election to constitute a municipality shall be completed, -  

(a) before the expiry of its term specified in sub-section (1); or  

(b) before the expiration of a period of six months from the date of its dissolution :  

Provided that where the remainder of the period for which the dissolved municipality would have  continued is less than six months, it shall not be necessary to hold any election under this sub section for constituting the municipality for such period.  

(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.]  

3[(4) Notwithstanding anything to the contrary contained in any other provision of this Act,  where, due to unavoidable circumstances or in the public interest, it is not practicable to hold an  election to constitute a Municipality before the expiry of its term, then until the due constitution  of such Municipality, all the powers, functions and duties of the Municipality shall be exercised  and performed by the District Magistrate or by a Gazetted Officer not below the rank of a  Deputy Collector appointed by the District Magistrate in this behalf, and such District Magistrate  or Officer shall be called the Administrator, and such Administrator shall be deemed in law to be  the Municipality, the President or the Committee as the occasion may require.]  

10AA. 4[* * *]  

11. 1[* * *]  

Delimitation  

[11A. Delimitation of wards. -

(1) For the purpose of election of members of a municipality  every municipal area shall be divided into territorial constituencies to be known as wards in such  manner that the population in each ward shall, so far as practicable, be the same throughout the  municipal area.  

(2) Each ward shall be represented by one member in the municipality.]  

2[11B. Delimitation Order. -

(1) The State Government shall by order, determine, -] 

[(a) the number of wards into which each municipal area shall be divided for purposes of elections  to the municipality;]  

(b) the extent of each ward;  

(c) [* * *]  

[(d) the number of seats to be reserved for the Scheduled Castes, the Scheduled Tribes, the  Backward Classes and the women.]  

(2) The draft of the Order under sub-section (1) shall be [published in the manner prescribed for  a period of not less than seven days].  

(3) The State Government shall consider any objections [* * *] filed under sub-section (2) and  the draft order shall, if necessary, be amended, altered or modified accordingly and thereupon it  shall become final.  

4[11C. Amendment of Delimitation Order. -]

[(1)] The State Government may, after  consulting the [Municipality] concerned, by a subsequent order, alter or amend the final order  under sub-section (3) of Section 11-B.  

[(2) For the alteration or amendment of airy order under sub-section (1), the provisions of sub sections (2) and (3) of Section 11-B shall mutatis mutandis apply.]  

12. 3[* * *]  

Electoral rolls  

4[12A. Election of members. -

The members of a municipality shall be elected on the basis of  adult suffrage in accordance with the provisions of this Act.]  

[12B. Electoral roll for every ward. -

(1) There shall be an electoral roll for every ward which  shall be prepared in accordance with the provisions of this Act under the superintendence,  direction and control of the State Election Commission.]  

1[(2) Subject to sub-section (1), the electoral roll for every ward shall be prepared and published  by the Electoral Registration Officer in the manner prescribed by rules under the supervision of  the Chief Election Officer (Urban Local Bodies).  

(2A) The Chief Election Officer (Urban Local Bodies) and the Electoral Registration Officer  referred to in sub-section (2) shall be such officers of the State Government as the State Election  Commission may, in consultation with the State Government, nominate or designate in this  behalf.  

(2B) Upon the publication of the electoral roll, it shall, subject to any alteration, addition or  modification made by or under this Act be the electoral roll for the ward prepared in accordance  with this Act.]  

(3) Notwithstanding anything contained in this Act, the 3[Electoral Registration Officer may for  the purpose of preparation of electoral roll for a ward, adopt, in accordance with the direction of  the State Election Commission] the electoral roll of the Assembly constituency prepared under  the Representation of the People Act, 1950 for the time being in force so far as it relates to the  area of that ward :  

Provided that the electoral roll for such ward shall not include any amendment, alteration  or correction made after the last date for making nomination for the election of such ward and  before the completion of such election.  

2[12C. Qualification for electors. -

Subject to the provisions of Section 12-D and 12-E every  person who has attained the age of 18 years on the first day of January of the year in which the  electoral roll is prepared or revised, and who is ordinarily resident in the area of the ward shall be  entitled to be registered in the electoral roll for the ward.  

Explanation. -

(i) A person shall not be deemed to be ordinarily resident in the area of a ward on  the ground only that he owns, or is in possession of a dwelling-house therein.  

(ii) A person absenting himself temporarily from his place of ordinary residence shall not by  reason thereof cease to be ordinarily resident therein.  

(iii) A member of Parliament or of the Legislature of the State shall not, during the term of  his office, cease to be ordinarily resident in the area of a ward merely by reason of his  absence from that area in connection with the duties as such member.  

(iv) Any other factors that may be prescribed shall be taken into consideration for deciding as  to what persons may or may not be deemed to be ordinarily residents of a particular area  at any relevant time.  

(v) If in any case a question arises as to where a person is ordinarily resident at any relevant  time, the question shall be determined with reference to all the facts of the case. 

 

1[12D. Disqualifications for registration in an electoral roll. -

(1) A person shall be  disqualified for registration in an electoral roll, if he, -  

(i) is not a citizen of India; or  

(ii) is of unsound mind and stands so declared by a competent Court; or  

(iii) is for the time being disqualified from voting under the provisions of any law relating to  corrupt practices and other offences in connection with elections.  

(2) The name of any person who becomes disqualified under sub-section (1) after registration  shall forthwith be struck of the electoral roll in which it is included :  

 

Provided that the name of any person struck off the electoral roll by reason of any such  disqualification shall forthwith be reinstated in that roll, if such disqualification is during the  period such roll is in force, removed under any law authorising such removal.]  

 

1[12E. Registration to be in one ward only. -

(1) No person shall be entitled to be registered in  the electoral roll for more than one ward or more than once in the electoral roll for the same  ward.  

(2) No person shall be entitled to be registered in the electoral roll for any ward, if his name is  entered in any electoral roll pertaining to any city, other [Municipal area, Cantonment or area of  Gram Panchayat], unless he shows that his name has been struck off from such electoral roll.]  

2[12F. Correction of electoral roll. -

(1) Where the Electoral Registration Officer is satisfied,  after making such enquiry as he thinks fit, whether on an application made to him or on his own  motion, that any entry in the electoral roll should be corrected or deleted or that the name of any  person entitled to be registered should be added in the electoral roll, he shall subject to the  provisions of this Act and the rules or orders made thereunder, delete or correct or add the entry,  as the case may be : 

 

Provided that no such deletion or correction or addition shall be made after the last date  for making nomination for an election in the ward and before the completion of such election :    

Provided further that no deletion or correction affecting the interest of any person  adversely shall be made without giving him reasonable opportunity of being heard in respect of  the action proposed to be taken in relation to him.  

(2) An appeal shall lie within such time and manner and to such officer or authority as may be  prescribed by rules against any order of the Electoral Registration Officer in regard to the  inclusion, deletion or corrections of a name in the electoral roll.]

  

3[12G. Revision of electoral rolls. -

[the State Election Commission] may, if [it] thinks it  necessary to do for the purpose of a general or bye-election, direct a [* * *] revision of the  electoral roll for any ward in such manner as [it] may things fit :  

Provided that subject to the other provision of this Act, the electoral roll for the ward, as  in force at the time of issue of any such direction shall continue to be in force until the  completion of the [* * *] revision, so directed.  

 

112H. Order regarding electoral rolls]. -

[In so far as provision with respect to any of the  following matters is not made by this Act or the rules made thereunder, the State Election  Commission may], by order make provision in respect of the following matters concerning the  electoral rolls, namely, -  

(a) the date on which the electoral rolls first prepared and subsequently prepared under this  Act shall come into force and their period of operation;  

(b) the correction of any existing entry in the electoral rolls on the application of the elector  concerned;  

(c) the correction of clerical or printing errors in the electoral rolls;  

(d) the inclusion in the electoral rolls of the name of any person -  

(i) whose name is included in the Assembly rolls for the area relatable to the ward but  is not included in the electoral roll of the ward or whose name has been wrongly  included in the electoral roll of some other ward; or  

(ii) whose name is not so included in the Assembly rolls and who is otherwise qualified  to be registered in the electoral roll of the ward;  

(e) 2[* * *]  

(ee) fees payable on applications for inclusion or exclusion of names;  

(f) custody and preservation of the electoral rolls; and  

(g) generally for all matters relating to the preparation and publication of the electoral rolls. 

13. 3[* * *]  

Conduct of elections  

4[13A. General election. -

Except as provided in Section 31-A, the State Government shall, in  consultation with the State Election Commission, by the Official Gazette, appoint date or dates  for general election to a municipality.]  

5[13B. Superintendence etc. of the conduct of the elections. -]

6[(1)] The superintendence,  direction and control of the conduct of all elections to the municipalities shall be vested in the  State Election Commission.  

1[(2) Subject to sub-section (1), the Chief Election Officer (Urban Local Bodies), referred to in  sub-section (2-A) of Section 12-B shah supervise the conduct of all elections to the  municipalities.]  

2[13C. Qualifications for election of member. -

A person shall not be qualified for being  chosen as and for being a member unless, -  

(a) he is an elector for any ward in the municipality;  

(b) in the case of a seat reserved for the Scheduled Castes, the Scheduled Tribes, the  Backward Classes or the women, he is a person belonging to the said category, as the  case may be;  

(c) he has attained the age of twenty one years.]  

[13D. Disqualification for membership]. -

A person, notwithstanding that he is otherwise  qualified shall be disqualified for being chosen as, and for being, a member of a [Municipality] if  he, -  

[(a) is a dismissed servant of a local authority and is debarred from re-employment  thereunder; or  

(aa) having held any office under the Government of India or the Government of any State has  been dismissed for corruption or disloyalty to the State unless a period of six years' has elapsed  since his dismissal; or]  

(b) is debarred from practising as a legal practitioner by order of any competent authority; or 

(c) holds any place of profit in the gift or disposal of the [Municipality]; or 

(d) is disqualified under Section 27 or 41; or  

(e) 2[* * *]  

(f) is in the service of the State or the Central Government or any local authority, or is a District  Government Counsel or an Additional or Assistant District Government Counsel or an Honorary  Magistrate or an Honorary Munsif or an Honorary Assistant Collector; or 

(g) is in arrears in the payment of Municipal Tax or other dues in excess of one year's demand to  which Section 166 applies; or  

(h) 3[* * *]  

 (i) is an undischarged insolvent; or  

4[(ii) has been convicted of any offence punishable with imprisonment under Section 171-E  or an offence punishable under Section 17-F of the Indian Penal Code, 1860 (Act No. 45  of 1860); or]  

1[(j) has been sentenced to imprisonment for contravention of any order under the Essential  Commodities Act, 1955, or the Uttar Pradesh Control of Supplies (Temporary Powers)  Act, 1947 (U.P. Act II of 1947), as re-enacted by the Uttar Pradesh Control of Supplies  (Temporary Powers) Act, 1953 (U.P. Act XII of 1953, or the Prevention of Food  Adulteration Act, 1954 (U.P. Act XXXVII of 1954) or for an offence which is declared by  the State Government to involve such moral turpitude as to render him unfit to be a  member, or has been ordered to execute a bond for good behaviour in consequence of  proceedings under Section 109 or 110 of the Code of Criminal Procedure, 1898], [such  sentence or order not having been subsequently reversed :]  

Provided that in cases of (a) and (b) the disqualification may be removed by an order of the  State Government in this behalf :  

Provided further that in the case of (g), the disqualification shall cease as soon as the  arrears are paid [:]  

2[Provided also that in case of (j), -  

(i) the disqualification shall cease on the expiry of the five years from the date of his  release or from the date of the expiry of the period for which he is required to execute a  bond for good behaviour, as the case may be; and  

(ii) the disqualification shall not in the case of a person who is, on the date of the  disqualification, a member of the] [Municipality] take effect until three months have  elapsed from the date of such disqualification or if within these three months an appeal or  petition for revision is brought in respect of conviction or order until that appeal or petition  is disposed of.]  

3[Explanation. -

A Government treasurer shall not be deemed to be in the service of the State or  of the Central Government within the meaning of clause (f)].  

[(k) is so disqualified by or under any law for the time being in force for the purposes of  elections to the Legislature of the State :  

Provided that no persons shall be disqualified on the ground that he is less than twenty five years  of age, if he has attained the age of twenty one years.]  

4[“13-DD- Notwithstanding anything to the contrary contained in any other. provision of this  Act-  

(a)- a person shall be disqualified for being elected as, and for being a President or  Member, if he is a Member of Parliament or of the State Legislature;  

(b) if a person, after his election as President or Member, is subsequently elected Or  nominated to any of the offices referred to in clause (a) he shall on the date of first publication in the Gazette of India or of the Uttar Pradesh of the declaration of his election or nomination,  within a period of fourteen days from such notification, intimate by notice in writing signed by  him and delivered to any person authorized by the Government in this behalf, submit his option,  in which office he wishes to serve and any choice so • intimated shall be conclusive, failing  which he Shall uponthe expiry of the said period, cease to hold the office of the President or  Member and casual vacancy shall thereupon occur in the office of the President or Member as  the case may be." ]  

  

1[13E. Right to vote. -

(1) No person who is not, and except as expressly provided by this Act,  every person who is for the time being entered in the electoral roll of any ward shall be entitled  to vote in that ward.  

(2) No person shall vote at an election in any ward if he is subject to any of the disqualifications  referred to in Section 12-D.  

(3) No person shall vote at a general election in more than one ward and if a person votes in  more than one such ward, his votes in all such wards shall be void.  

(4) No person shall at any election vote in the same ward more than once, notwithstanding that  his name may have been registered in the electoral roll for that ward more than once, and if he  does so vote, ail his votes in that ward shall be void.  

(5) No person shall vote at any election if he is confined in a prison whether under a sentence of  imprisonment or transportation or otherwise, or is in the lawful custody of the Police :  Provided that nothing in this sub-section shall apply to a person subject to preventive detention  under any law for the time being in force.]  

13F. 2[* * *]  

3[13G. Order regarding conduct of elections. -

[In so far as provision with respect to any  matter is not made by this Act, the State Election Commission] may, by order, make provision  with respect to the following matters concerning conduct of elections, that is to say, - 

(a) issue of notifications for general elections;  

(b) the appointment, powers and duties of Returning Officers, Assistant Returning Officers,  Presiding Officers and Polling Officers and clerks;  

(c) appointment of dates for nomination, scrutiny, withdrawal and polling; 

(d) the manner of presentation and the form of nomination paper, the requirements for a valid  nomination, scrutiny of nominations and withdrawal of candidature;  

(e) appointment and duties of election agents, polling agents and counting agents; 

(f) procedure at general election including death of candidate before poll, procedure in contested  and uncontested elections, [* * *];  

(g) identification of voters;  

(h) hours of polling;  

(i) adjournment of poll and fresh poll;  

(j) manner of voting at elections;  

(k) scrutiny and counting of votes including recount of votes and procedure to be followed in  case of equality of votes and declaration of results;  

(l) the notification of the names of the members elected for the various wards of the municipality  and the due constitution of the [Municipality];  

(m) return of forfeiture of deposits;  

(n) manner in which votes are to be given by the presiding officers, polling agents or any other  person who being an elector for a ward is authorised or appointed for duty at a polling station at  which he is not entitled to vote;  

(o) the procedure to be followed in respect of the tender of vote by person representing himself  to be an elector after another person has voted as such elector;  

(p) the safe custody of ballot boxes papers and other election papers, the period for which such  papers shall be preserved and the inspection and production of such papers; and  (q) generally on all matters relating to conduct of elections. ]  

1[13H. Bye-elections. -

(1) Subject to the provisions of sub-section (2) of Section 13-I, when the  seat of a member, elected to a [Municipality] becomes vacant or is declared vacant or his  election is declared void, [the State Election Commission shall in consultation with the State  Government] by a notification in the Official Gazette, call upon the ward concerned to elect a  person for the purpose of filling the vacancy caused before such date as may be specified in the  notification and the provisions of this Act and of the Rules and Orders made thereunder, shall  apply, as far as may be, in relation to the election of member to fill such vacancy.  

(2) If the vacancy so caused be a vacancy in a seat reserved in any such ward for the Scheduled  Castes, [the Scheduled Tribes, the Backward Classes or the women] the notification issued under  sub-section (1) shall specify that the person to fill that seat shall belong to the Scheduled  Castes [the Scheduled Tribes, the Backward Classes or the women, as the case may be].  

2[13I. Certain casual vacancies not to be filled. -

Where a vacancy occurs on  a [Municipality] by reason of death, resignation, removal or avoidance of an election of the  elected member and the term of office of that member would, in the ordinary course of events,  have determined within one year of the occurrence of the vacancy, [such vacancy may be left  unfilled].  

 

1[13J. Electoral offences. -

(1) The provisions of Sections 125, 126, 127, 127-A, 128, 129, 130,  131, 132, 134, 134-A, 135,] [135-A] and 136 of Chapter III of Part VII of the Representation of  the People Act, 1951, shall have effect as if, -  

(a) the reference therein to an election were a reference to an election held under this Act; 

(b) for the word "constituency" the word "ward" had been substituted;  

(bb) in Section 127-A in sub-section (2) in clause (b) in sub-clause (i), for the words "the Chief  Electoral Officer" the words [Chief Election Officer (Urban Local Bodies)] had been substituted;  (c) [* * *]  

(d) in Sections 134 and 136 for the words "by or under this Act" the words "by or under the Uttar  Pradesh Municipalities Act, 1916" had been substituted.  

(2)- If [Chief Election Officer (Urban Local Bodies)], has reason to believe that any offence  punishable under Section 129 or Section 134 or Section 134-A or under clause (a) of sub-section  (2) of Section 136 of the said chapter has been committed in reference to any election to  a [Municipality], it shall be the duty of the [Chief Election Officer (Urban Local Bodies)] to  cause such inquiries to be made and such prosecutions to be instituted as the circumstances of the  case may appear to him to require.  

(3) No Court shall take cognizance of any offence punishable under Section 129 or under Section  134 or under Section 134-A or under clause (a) of sub-section (2) of Section 136 unless there is a  complaint made by order or under authority from the [Chief Election Officer (Urban Local  Bodies)].  

2[13K. Jurisdiction of Civil Courts. -

(1) No Civil Court shall have jurisdiction, - 

(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be  registered in an electoral roll of a ward; or]  

[(b) to question the legality of any action taken by or under the authority of the State  Election Commission in respect of preparation or publication of electoral roll; or] 

(c) to question the legality of any action taken or any decision given by the Returning  Officer or by any other officer appointed under this Act in connection with an election.  

(2) No election shall be called in question except by an election petition presented in accordance  with the provisions of this Act.  

14 to 17. 3[* * *]  

18.4 [* * *]  

Election petitions  

19. Power to question municipal election by petition. -

(1) The election of any person as a  member of a [Municipality] may be questioned by an election petition on the ground, - 

(a) that such person committed during or in respect of the election proceedings a corrupt  practice as defined in Section 28;  

(b) that such person was declared to be elected by reason of the improper rejection or  admission of one or more votes, or any other reason was not duly elected by a majority of  lawful votes;  

1[(c) that such person was not qualified to be nominated as a candidate for election or that the  nomination paper of the petitioner was improperly rejected.]  

(2) The election of any person as a member of a [Municipality] shall not be questioned, - 

(a) on the ground that the name of any person qualified to vote has been omitted from, or the  name of any person not qualified to vote has been inserted in the electoral roll or rolls;  

[(b)] on the ground of any non-compliance with this Act or any rule, or of any mistake in the  forms required thereby, or of any error, irregularity or informality on the part of the officer  or officers charged with carrying out this Act or any rules, unless such non-compliance,  mistake, error, irregularity or informality has materially affected the result of the election.  

2[20. Form and presentation of election petitions. -

(1) An election petition shall be presented  within 30 days after the day of which the result of the election sought to be questioned is  announced by the Returning Officer, and shall specify the ground or grounds on which the  election of the respondent is questioned and shall contain a concise statement of the material  facts on which the petitioner relies and set for the full particulars of any corrupt practices that the  petitioner alleges, including as full a statement as possible of the names of the parties alleged to  have committed such corrupt practices and the dates and place of the commission of each such  practice.  

(2) The petition shall be signed by the petitioner and verified in the manner laid down in the  Code of Civil Procedure, 1908 (V of 1908), for the verification of pleadings.  

(3) The petition may be presented by any candidate in whose favour votes have been recorded  and who claims in the petition to be declared elected in the room of the person whose election is  questioned or by ten or more electors of the municipality or by a person who claims that his  nomination paper was improperly rejected.  

(4) The person whose election is questioned and, where the petitioner claims that any other  candidate should be declared elected in the room of such person, every unsuccessful candidate  who is not a petitioner in the petition shall be made a respondent to the petition.]  

[(5) The petition shall be presented to the District Judge exercising jurisdiction in the area in  which the municipality, to which the election petition relates, is situate : 

Provided that the petition shall not be entertained by the District Judge, unless it is  accompanied by a treasury challan showing that the prescribed security has been deposited].  

 

1[21. Recriminatory proceedings. -

(1) Where in an election petition a declaration that any  candidate other than the returned candidate has been duly elected is claimed, the returned  candidate or any other party may give evidence to prove that the election of such other candidate  would have been void if he had been the retuned candidate and a petition had been presented  calling in question his election :  

Provided that the returned candidate or such other party shall not be entitled to give  such evidence unless he has within twenty-one days from the date of the service upon him of the  notice of the election petition, given notice to the election tribunal of his intention to do so and  has also deposited the security prescribed in the case of an election petition questioning the  election of a member.  

(2) Every notice referred to in sub-section (1) shall be accompanied by a statement of ground or  grounds and of material facts and full particulars required by Section 20 in the case of an election  petition and shall be signed and verified in like manner].  

1[22. Hearing of election petition. -

(1) An election petition not complying with the provisions  of Section 20 or upon which the requisite court-fee has not been pad at the time of presentation  or with in such further time not exceeding fourteen days as the] [District Judge], as the case may  be, may have granted, shall be rejected by such Judge.  

[(2) An election petition not rejected under sub-section (1) shall be heard by the District Judge.]  

23. Procedure. -

Except so far as may be otherwise provided by this Act or by rule, the  procedure provided in the Civil Procedure Code (Act V of 1908) in regard to suits, shall, so far  as it is not inconsistent with this Act or any rule and so far it can be made applicable, be followed  in the hearing of election petitions :  

Provided that, -  

(a) two or more persons whose election is called in question may be made respondents to the  same petition, and their cases may be tried at the same time, and any two or more election  petitions may be heard together; but, so far as is consistent with such joint trial or hearing, the  petition shall be deemed to be separate petition against each respondent;  

(b) the [District Judge] shall not be required to record or have recorded the evidence in full, but  shall make a memorandum of the evidence sufficient in its option for the purpose of deciding the  case;  

(c) the [District Judge] may, at any stage of the proceedings, require the petitioner to give [* *  *] further security for the payment of all costs incurred or likely to be incurred by any  respondent;  

(d) the [District Judge] for the purpose of deciding any issue, shall only be bound to require the  production of, or to receive so much evidence, oral or documentary, as it considers necessary;  

(e) during the hearing of the case the [District Judge] may refer a question of law to the High  Court under Order XLVI of the First Schedule of the Code of Civil Procedure, 1908, but there  shall be no appeal either on a question of law or fact, and no application in revision against or in  respect of the decision of the [District Judge];  

[(f) any person considering himself aggrieved by the decision may apply for review to  the] [District Judge] within thirty days from the date of the decision and the [District Judge] may  thereupon review the decision on any point;  

[Provided that in computing the period of limitation the provision of sub-section (2) of  Section 12 of the Limitation Act, 1963 shall apply.]  

23A. 1[* * *]  

2[24. Provisions as to costs. -

An order for costs or an order for the realization of a security bond  for costs passed by the District Judge in an election petition under this Act may be sent by him  for execution to the Collector of the district in which the municipality concerned is situated and  an order so sent shall be executed by the Collector in the same manner as if it were in respect of  arrears of land revenue].  

25. Finding of [the District Judge]. -

[(1) If the] [District Judge], after making such inquiry as it  deems necessary, finds in respect of any person whose election is called in question by a petition,  that his election was valid, it shall dismiss the petition as against such person and may award  costs at its discretion and may also pass such order for return or forfeiture of the security or part  thereof as he may deem fit.  

(2) If the [District Judge] finds that the election of any person was invalid, [or that nomination  paper of the petitioner was improperly rejected,] it shall either, -  

(a) declare a casual vacancy to have been created; or  

(b) declare another candidate to have been duly elected, whichever course appears, in the  particular circumstances of the case, the more appropriate, and in either case may award  costs at its discretion.  

(3) [* * *]  

26. Avoidance of election proceedings. -

(1) Notwithstanding anything contained in the  preceding section if the [District Judge] in the course of hearing an election petition is of the  opinion that the evidence discloses that corrupt practices at the election proceedings in question  have prevailed to such an extent as to render it advisable to set aside the whole proceedings, it  shall pass a conditional order to this effect and give notice thereof to every candidate declared  elected who has not already been made a party in the case calling upon him to show cause why  such conditional order should not be made final.  

(2) Thereupon every such candidate may appear and show cause, and may have recalled, for the  purpose of putting question to him, any witness who has appeared in the case.  

(3) The [District Judge] shall thereafter either cancel the conditional order or make it absolute, in  which case it shall direct the [Municipality] to take measures for holding fresh election  proceedings.  

Explanation. -

In this clause the expressions "the election proceedings in questions" and the  "whole proceedings" shall mean all proceedings (inclusive of nomination and declaration of  election) taken in respect of a single poll, whether the poll be for the purpose of selecting one or  more persons to represent a ward or otherwise.  

27. Disqualification of corrupt practice. -

(1) The [District Judge] may declare any candidate  found to have committed any corrupt practice [* * *] to be incapable, for any period not  exceeding five years, of being elected as a member of the [Municipality] or of being appointed or  retained in any office or place in the gift or disposal of the [Municipality] [ : ]  

[Provided that no such declaration shall be made about any candidate who was not a party to the  election petition or who was not given an opportunity of being heard under Section 26].  

28. Corrupt practices. -

A person shall be deemed to have committed a corrupt practice who,  directly or indirectly, by himself or by any other person, -  

(i) induces, or attempts to induce, by fraud, intentional misrepresentation, coercion or threat  of injury, any voter to give or to refrain from giving a vote in favour of any candidate; 

(ii) with a view to inducing any voter to give or to refrain from giving a vote in favour of any  candidate, offers or gives any money, or valuable consideration, or any place, or  employment, or holds out any promise or individual advantage or profit to any person; 

(iii) gives or procures the giving of a vote in the name of a voter who is not the person giving  such vote;  

(iv) abets [within the meaning of the Indian Penal Code (Act 15 of I860)] the doing of any of  the acts specified in clauses (i), (ii) and (iii));  

[(v) induces or attempts to induce a candidate or elector to believe that he, or any person in  whom he is interested, will become or will be rendered an object to divine displeasure or  spiritual censure;  

(vi) canvasses on grounds of caste, community, sect or religion;]  

(vii) commits such other practice as the [State Government], may by rule prescribe to be  corrupt practice.  

Explanation. -

A "promise of individual advantage or profit to person" includes a promise for  the benefit of the person himself, or of any one in whom he is interested, but does not include a  promise to vote for or against any particular municipal measure.  

29. [* * *]  

29A. [* * *]  

Control of [Municipality] 

[30. Power of State Government to dissolve the municipality. -

If at any time the State  Government is satisfied that a municipality persistently makes default in the performance of  duties imposed upon it by or under this Act or any other law for the time being in force or  exceeds or abuses more than once its powers, it may, after having given the municipality a  reasonable opportunity to show cause why such order should not be made, by order, published  with the reasons therefor in the Official Gazette, dissolve the municipality.]  

31.1 [* * *]  

[31A. Consequences of dissolution of municipality. -

Where a municipality is dissolved under  Section 30, the following consequences shall follow :  

(a) All members of the municipality including the President shall, on a date to be specified to the  order, vacate their offices as such but without prejudice to their eligibility for re-election or  renomination;  

(b) Until the constitution of the new municipality -  

(i) all powers, functions and duties of the municipality, its President and Committees shall  be vested in and be exercised, performed and discharged by such person or persons as the State  Government may appoint in that behalf and such person or persons, shall be deemed in law to be  the municipality, the President or the Committee, as the occasion may require;  

(ii) such salary and allowances of such person or persons as the State Government may by  general or special order in that behalf fix, shall be paid out of Municipal fund;  

(iii) the State Government may, from time to time, by notification in the Official Gazette,  make such incidental or consequential provisions, including provisions for adapting, altering or  modifying any provisions of this Act, without affecting the substance, as may appear to it to be  necessary or expedient for carrying out the purposes of this section.]  

31B. Director of Local Bodies. -

(1) The State Government shall appoint an officer to be the  Director of Local Bodies, Uttar Pradesh.  

(2) In addition to the function expressly assigned to him by or under this Act, the Director shall  exercise such powers of the State Government in relation to the affairs of a [Municipality] (not  being powers under Section 30) as the State Government may, by notification in the Gazette, and  subject to such conditions and restrictions (including the conditions of review by itself) as may  be specified in such notification, delegate to him.  

32. Supervision by Prescribed Authority. -

The [Prescribed Authority] may, - 

(a) -inspect, or cause to be inspected, [by an officer not below the rank of a Sub-Divisional  Officer] any immovable property used or occupied by a [Municipality] or Joint Committee or  any work in progress under the direction of a [Municipality] or of such committee; 

(b)- by order in writing call for and inspect a book or document in the possession or under the  control of a [Municipality] or of such committee;  

(c) -by order in writing require a [Municipality] or such committee to furnish such statements,  accounts, reports or copies of documents, relating to the proceedings or duties of  the [Municipality] or committee, as [it] thinks fit to call for; and  

(d)- record in writing for the consideration of a [Municipality] or of such committee, any  observations as [it] thinks proper in regard to the proceedings or duties of the [Municipality] or  committee.  

33. Inspection of municipal works and institution by Government officers. -

A work, or  institution, constructed or maintained, in whole or in part at the expense of a [Municipality], and  all registers, books, accounts or other documents relating thereto, shall at all times be open to  inspection by such officers as the [State Government] appoints in this behalf.  

34. Power of the State Government or the Prescribed Authority or the District Magistrate  to prohibit execution or further execution of resolution or order of [Municipality]. - 

(1) [The Prescribed Authority may], by order in writing, prohibit the execution or further  execution of a resolution or order passed or made under this or any other enactment by  a [Municipality] or a committee of a [Municipality] or a Joint Committee or any officer or  servant of a [Municipality] or of a Joint Committee [if in its opinion] such resolution or order is  of a nature to cause or tend to cause obstruction, annoyance or injury to the public or to any class  or body of persons lawfully employed [* * *] and may prohibit the doing or continuance by any  person of any act in pursuance for or under cover of such resolution or order.  

1[(1A) The District Magistrate may, within the limits of his district, by order in writing, prohibit  the execution or further execution of a resolution or order passed or made under this or any other  enactment by a] [Municipality] or a committee of a [Municipality] or a Joint Committee or any  officer or servant of a [Municipality] or of a Joint Committee if in his opinion such resolution or  order is of a nature to cause or tend to cause danger to human life, health or safety, or a riot or  affray, and may prohibit the doing or continuance by any person of any act, in pursuance of or  under cover of such resolution or order.  

2[(1B) the State Government may, on its own motion or on report or complaint received by order  prohibit the execution or further execution of a resolution or order passed or made under this or  any other enactment by a] [Municipality] or a committee of a [Municipality] or a Joint  Committee or any officer or servant of a [Municipality] or of a Joint Committee, if in its opinion  such resolution or order is prejudicial to the public interest, [or has been passed or made in abuse  of powers or in flagrant breach of any provision of any law for the time being in force,] and may  prohibit the doing or continuance by any person of any act in pursuance of or under cover of  such resolution or order.  

[(2) Where an order is made under sub-section (1) or (1-A)] [* * *], a copy thereof with a  statement of the reasons for making it, shall forthwith be forwarded by the Prescribed Authority  or the District Magistrate through the Prescribed Authority, as the case may be, to the State  Government which may thereupon, if it thinks fit, rescind or modify the order.  

(3) [* * *]  

(4) Where the execution or further execution of a resolution or order is prohibited by an order  made under sub-section (1), (1-A) or (1-B) and continuing in force, it shall be the duty of  the [Municipality], if so required by the authority making the order under the said sub-sections to  take any action which it would have been entitled to take, if the resolution or order had never  been made or passed, and which is necessary for preventing any person from doing or continuing  to do anything under cover of the resolution or order of which the further execution is prohibited.  

35. Power of the State Government and Prescribed Authority in case of default  of [Municipality]. -

(1) If at any time, upon representation made or otherwise, it appears to the  State Government that [a municipality] has made default in performing a duty imposed on it by  or under this or any other enactment, [or in carrying out any order made or direction issued by  the State Government in exercise of any power conferred by this Act or any other enactment] the  State Government [* * *] may (after calling for an explanation from the [Municipality] and  considering any objection by the [Municipality] to action being taken under this section), by  order in writing fix a period for the performance of that duty [or the carrying out of that order or  direction].  

(2) If that duty is not performed [or the order or direction is not carried out] within the period so  fixed, the State Government [* * *] may appoint the District Magistrate [or any officer not below  the rank of a Deputy Collector] to perform it and may direct that the expense (if any) of  performing the duty [or executing the order or direction] shall be paid, within such time as may  be fixed, to the District Magistrate by the [Municipality].  

(3) If the expense is not so paid, the District Magistrate, with the previous sanction of the State  Government [* * *] may make an order directing the person having the custody of the Municipal  fund to pay the expense from such fund.  

36. Extraordinary powers of District Magistrate in case of emergency. -

(1) In case of  emergency the District Magistrate may [with the permission of the Prescribed Authority] provide  for the execution of any work or the doing of any act which the [Municipality] is empowered to  execute or do and of which the immediate execution or doing, is in his opinion, necessary [for  the safety, protection or convenience of the public] and may direct that the expense of executing  the work or doing the act shall be forthwith paid by the [Municipality].  

(2) If the expense is not so paid, the District Magistrate may make an order directing the person  having the custody of the Municipal fund to pay the expense from such fund.  (3) The District Magistrate shall forthwith report to the [Prescribed Authority] every case in  which he uses the powers conferred on him by this section.  

Municipal members 

37. Prohibition of remuneration to members and President. -

No member or President of  a [Municipality] shall be granted any remuneration or travelling allowance by  the [Municipality] except with the sanction of State Government or in accordance with rules  made in this behalf.  

38. Term of office of members elected [or nominated] to fill casual vacancies. -

(1) The term  of office of a member elected [or nominated] to fill a casual vacancy or a vacancy remaining  unfilled at the general election shall begin upon the declaration of his election [or  nomination] under the Act and shall be the remainder of the term of the [Municipality]. 

(1a) [* * *]  

(2) [* * *]  

(3) [* * *]  

(4) [* * *]  

(5) [* * *]  

38A. [* * *]  

39. Resignation of members. -

[If a member of a] [Municipality] other than the President  resigns by writing under his hand addressed to the State Government, his seat shall thereupon  become vacant. The resignation shall be delivered at the office of the District Magistrate of the  district, in which the municipality is situate who shall forthwith inform the President and shall  forward the resignation to State Government.  

40. Removal of members. -

[(1) The State Government] [* * *] may remove a member of  the [Municipality] on any of the following grounds, -  

(a) that he has absented himself from the meetings of the [Municipality] for more than three  consecutive months or three consecutive meetings whichever is the longer period, without  obtaining sanction from the [Municipality] :  

Provided that the period during which the member was in jail as an under trial,  detenue or as a political prisoner, shall not be taken into account;  

(b) that he has incurred any of the disqualifications mentioned in Sections [12-D and 13- D];  

(c) that he has within the meaning of Section 82, knowingly acquired or continued to hold,  directly or indirectly, or by a partner, any [share or interest, whether pecuniary or of any  other nature] in any contract by or on behalf of the [Municipality];  

(d) that he has knowingly acted as a member in a matter other than a matter referred to in  Section 82 in which he or a partner had, directly or indirectly a [personal interest, whether  pecuniary or of any other nature] or in which he was professionally interested on behalf of  a client, principal or other person; [* * *] 

[(e) that he being a legal practitioner has during the term of his membership acted or  appeared in any suit or other proceeding on behalf of any person against  the] [Municipality] or against the State Government in respect of nazul and entrusted to the  management of the [Municipality] or acted or appeared for or on behalf of any person  against whom a criminal proceeding has been instituted by or on behalf of  the [Municipality];  

[(f) that he has abandoned his ordinary place of residence in or has voluntarily or otherwise  transferred his residence from the municipal area concerned, unless the member himself  resigns his seat within three months of such abandonment or transfer;]  

[(g) that he has been guilty of persistent misbehaviour or disorderly conduct at meetings of  the] [Municipality] and a complaint to that effect is made to the State Government by the  President or any other member; or  

[(h) that he has been guilty of any other misconduct whether as member or as] [* * *] or  President or as [* * *] exercising the powers of President whether committed before or  after the commencement of the Uttar Pradesh Urban Local Self-Government Laws  (Amendment) Act, 1976.  

(2) [* * *]  

[(3) The State Government may remove from the] [Municipality] a member who, in his opinion,  while being a member during the current or the last preceding terms of the [Municipality], acting  as President or a [* * *], or a [* * *], or Chairman of a Committee or member, or in any other  capacity whatsoever, has, whether, before, or after the commencement of the Uttar Pradesh  Urban Local Self-Government Laws (Amendment) Act, 1976, so flagrantly abused his position,  or so wilfully contravened any of the provisions of this Act or any rule, regulation or bye-law, or  caused such loss or damage to the fund or property of the [Municipality], as to render him unfit  to continue as a member.  

(4) Provided that [when the State Government] proposes to take action under the foregoing  provisions of this section, an opportunity of explanation shall be given to the member concerned,  and when such action is taken, the reasons therefor shall be placed on record.  

(5) [* * *]  

[(6) Without prejudice to any of the foregoing powers, the State Government may on any of the  grounds referred to in sub-section (1), instead of removing the member give him a warning.]  

Explanation. -

The power of administering warning or placing a member under suspension  under sub-section (6) may be exercised either by the State Government or the Prescribed  Authority, as the case may be, while dealing with the matter originally under sub-section (1) or  sub-section (3) or by the State Government on appeal under sub-section (2). 

41. Disability of members removed under Section 40. -

(1) A member removed under clause  (a) of sub-section (1) of the preceding section shall, if otherwise qualified, be eligible for further  election [* * *] or nomination.  

(2) A member removed under clause (b) of sub-section (1) of the preceding section [* * *] shall  not be so eligible [* * *] [unless his disqualification no longer exists].  

(3) A member removed under sub-section (3) of the preceding section shall not be so eligible for  a period of [five] years from the date of his removal :  

Provided that the State Government may for sufficient reason exempt any person from his  disability.  

(4) A member removed under any other provision of the preceding section shall not be so  eligible until he is declared [for reasons to be specified] to be no longer ineligible, and he may be  so declared, by an order of the State Government [* * *].  

42. [* * *]  

President and vice-president  

[43. Election of President. -

(1) The President of the municipality shall be elected on the basis  of adult suffrage by the electors in the municipal area.  

(2) An outgoing President shall be eligible for re-election.  

(3) The provision of this Act and the rules framed thereunder in relation to election (including  disputes relating to election and electoral offences) of a member shall, mutatis mutandis, apply in  relation to election of the President.  

(4) If in a general election a person is elected both as member and President of the municipality  or being a member of the municipality is elected President thereof in any bye-election, he shall,  except as provided in Section 49, cease to be a member from the date of his election as  President.]  

[43A. Bar on simultaneously holding the post of President or] [* * *] in different local  authorities. -

No person shall be at the same time the President or [* * *] both of  a [Municipality] and any other local authority :  

Provided that if a person is elected to any such or similar office of more than one local  authority, he shall, at his option, continue to hold the office in one local authority and resign  from other within a prescribed period.]  

[43AA. Qualification for Presidentship. -]

[(1) A person shall not be qualified to be chosen as  President of a] [Municipality] unless he, -  

(a) is an elector for any ward [in the municipal area];  

(b) has attained the age of thirty years on the date of his nomination as a candidate for  election to the office of President.  

(2) A person shall be disqualified for being chosen as, and for being, President of  a [Municipality] if he, - 

(a) is or has become subject to any of the disqualification [mentioned in clauses (a) to (g)  and (i) to (k)] of Section 13-D and the disqualification has not ceased or been removed  under the said section; or  

(b) [* * *]  

(3) [* * *]  

43B. [* * *]  

[43BB. Transfer of petition. -

(1) On the application of any party to an election petition  presented under sub-section (5) of Section 20] [* * *], and after notice to the other parties  thereto, and after hearing such of them as desire to be heard, or of its own motion, without  such notice, the High Court may at any stage, -  

(a) transfer an election petition pending before a District Judge for trial to any other District  Judge; or  

(b) re-transfer the same for trial to the District Judge from whom it was withdrawn.  

(2) The District Judge may at any stage transfer an election petition pending before him under  this Act to an Additional District Judge and may withdraw any election petition pending before  an Additional District Judge and, -  

(i) transfer or dispose of the same; or  

(ii) transfer the same for trial or disposal to any other Additional District Judge; or 

(iii) re-transfer the same for trial or disposal to the Court from which it was withdrawn.  

(3) Where any election petition has been transferred or re-transferred under sub-section (1) or  sub-section (2), the District Judge or the Additional District Judge, who thereafter tries such  petition, may, subject to any direction in the order of transfer to the contrary, proceed from the  point at which it was transferred or re-transferred :  

Provided that he may, if he thinks fit, recall and re-examine any of the witnesses already  examined.  

[43C. Power of] [the State Election Commission] to make order regarding election of  President. -

[In so far as provision with respect to any of the following matters is not made by  this Act or the rules made thereunder, the State Election Commission may] by order, make  provision with respect to the following matters concerning the conduct of [* * *] election of  President, that is to say, -  

(a) the appointment, powers and duties of Returning Officers;  

(b) appointment of dates for nomination, scrutiny, withdrawal and polling; 

(c) the manner of presentation and the form of nomination paper, the requirements for a valid  nomination, scrutiny of nominations and withdrawal of candidature;  

(d) procedure at election, including death of candidate before poll and procedure of contested  and uncontested elections;  

(e) hours of polling and adjournment of poll; 

(f) manner of voting at elections;  

(g) scrutiny and counting of votes including re-counting of votes and procedure to be  followed in case of equality of votes;  

(h) declaration and notification of results;  

(i) deposit of security with nomination and return and forfeiture thereof;  

(j) to (r) [* * *]  

[43D. Oath of allegiance and office. -

(1) The President and every member of  a] [Municipality] shall, before taking his seat, make and subscribe at a meeting of  the [Municipality] an oath or affirmation of his allegiance to the Constitution in the following  form :-  

"1. A. B., having been elected a member/President of this [Municipality] 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, that I will uphold the sovereignty and integrity of India, and that I will faithfully  and conscientiously discharge the duties upon which I am about to enter."  

(2) The President or the members who fails to make, within three months of the date on which  his term of office commences or at any one of the first three meetings of the [Municipality], held  after the said date, whichever is later, unless this period is extended by the District Magistrate,  the oath or affirmation laid down in and required to be taken by sub-section (1) shall cease to  hold his office and his seat shall be deemed to have become vacant.  

(3) Any person required under sub-section (1) to make an oath or affirmation shall not take his  seat at a meeting of the [Municipality] or do any act as a member or President of  the [Municipality] unless he has made and subscribed an oath or affirmation as laid down under  sub-section (1).  

[(4) Within seven days of the constitution or reconstitution of the Municipality, the District  Magistrate shall convene a meeting of the Municipality for the Administration of oath or  affirmation in the manner prescribed in this section and such meeting shall be presided over by  the District Magistrate or in his absence by a Deputy Collector nominated by him in this behalf.  The meeting, so convened shall be treated as the First Meeting of the Municipality.]  

(5) The Executive Officer shall, as soon as may be, report to the District Magistrate the name of  the President or Member, if any, who ceases to hold his office under sub-section (2).  

44. [* * *]  

[44A. Bye-election of President. -

If a casual vacancy occurs in the office of the President  owning to death or resignation or any other cause, the President shall be elected as soon as may  be thereafter, but not later than three months from the date of occurrence of the said vacancy, in  the manner provided in Section 43.]  

45. [* * *] 

[46. Term of office of a President. -

(1) Except as otherwise provided in this Act, the term of  office of a President shall be co-terminous with the term of the] [Municipality]. 

(2) The term of office of a President elected in a casual vacancy shall be the remainder of the  term of office of his predecessor.  

46A. [* * *]  

47. Resignation of President. -

[(1) A President of a municipality wishing to resign may  forward his written resignation through the District Magistrate to the State Government.] 

(2) On receipt by the [Municipality] of information that the resignation has been accepted by the  State Government [* * *], such [President] shall be deemed to have vacated his office.  

47A. [* * *]  

48. Removal of President. -

(1) [* * *]  

(2) Where the State Government has, at any time, reason to believe that, -  

(a) there has been a failure on the part of the President in performing his duties; or  

(b) die President has -  

(i) incurred any of the disqualifications mentioned in Sections 12-D and 43-AA; or 

(ii) -within the meaning of Section 82 knowingly acquired or continued to have, directly or  indirectly or by a partner, any share or interest, whether pecuniary or of any other nature, in  any contract or employment with by or on behalf of the [Municipality]; or  

(iii) knowingly acted as a President or as a member in a matter other than a matter referred  to in clauses (a) to (g) of subsection (2) of Section 32, in which he has, directly or  indirectly or by a partner, any share or interest whether pecuniary or of any other nature, or  in which he was professionally interested on behalf of a client, principal or other person; or  

(iv) being a legal practitioner acted or appeared in any suit or other proceeding on behalf of  any person against the [Municipality] or against the State Government in respect of nazul  land entrusted to the management of the [Municipality] or against the State Government in  respect of nazul land entrusted to the management of the [Municipality], or acted or  appeared for or on behalf of any person against whom a criminal proceeding has been  instituted by or on behalf of the [Municipality]; or  

(v) abandoned his ordinary place of residence in the municipal area concerned; or  

(vi) been guilty of misconduct in the discharge of his duties; or  

[(vii) during the current or the last preceding term of the] [Municipality], acting as  President or 1[* * *], or as Chairman of a Committee, or as member or in any other  capacity whatsoever, whether before or after the commencement of the Uttar Pradesh  Urban Local Self-Government Laws (Amendment) Act, 1976, so flagrantly abused his  position, or so wilfully contravened any of the provisions of this Act or any rule, regulation  or bye-law, or caused such loss of damage to fund or property of the [Municipality] as to  render him unfit to continue to be President; or  

(viii) been guilty of any other misconduct whether committed before or after the  commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment)  Act, 1976 whether as President or as [* * *], exercising the powers of President, or as [* *  *], or as member; or  

[(ix) caused loss or damage to any property of the municipality; or  

(x) misappropriated or misused of Municipal found; or  

(xi) acted against the interest of the municipality; or  

(xii) contravened the provisions of this Act or the rules made thereunder; or  (xiii) created an obstacle in a meeting of the municipality in such manner that it becomes  impossible for the municipality to conduct its business in the meeting or instigated  someone to do so; or  

(xiv) wilfully contravened any order or direction of the State Government given under this  Act; or  

(xv) misbehaved without any lawful justification with the officers or employees of the  municipality; or  

(xvi) disposed of any property belonging to the municipality at a price less than its market  value; or  

(xvii) encroached, or assisted or instigated any other person to encroach upon the land,  building or any other immovable property of the municipality;]  it may call upon him to show cause within the time to be specified in the notice why he should  not be removed from office.  

[Provided that where the State Government has reason to believe that the allegations do not  appear to be groundless and the President is prima facie guilty on any of the grounds of this sub section resulting in the issuance of the show-cause notice and proceedings under this sub-section  he shall, from the date of issuance of the show-cause notice containing charges, cease to  exercise, perform and discharge the financial and administrative powers, functions and duties of  the President until he is exonerated of the charges mentioned in the show-cause notice issued to  him under this sub-section and finalization of the proceedings under sub-section (2-A) and the  said powers, functions and duties of the President during the period of such ceasing, shall be  exercised, performed and discharged by the District Magistrate or an officer nominated by him  not below the rank of Deputy Collector]. 

(2-A)[* * *] [* * *]  

[(2B) An order passed by the State Government under sub-section (2-A) shall be final and shall  not be questioned in any Court.]  

(3) [* * *]  

[(4) A President removed under sub-section (2-A) shall also cease to be a member of  the] [Municipality] and in case of removal on any of the grounds mentioned in clause (a) or sub clause (vi), (vii) or (viii) of clause (b) of subsection (2) shall not be eligible for re-election as  President or member for a period of five years from the date of his removal.  

[49. President to be member. -

The President of a municipality shall be ex officio member of  the municipality.]  

50. Functions of a [Municipality] that must be discharged by the President. -

The following  powers, duties and functions of a [Municipality] may be exercised, and shall be performed or  discharged, by the [President] of the [Municipality] and [, subject to the provisions of Sections  53 and 53-A] not otherwise, namely, -  

(a) the powers vested in the [President] by Sections 70, [74 and the provisos to Sections] 75 and  76 to appoint, punish or dismiss servants of the [Municipality];  

(b) the determination, in accordance with any regulation in this behalf, of questions arising in  respect of the service, [transfer], leave, pay, privileges and allowances of servants of  the [Municipality];  

[(bb) general supervision over all officers and works of the] [Municipality];  

(c) the submission to the [Prescribed Authority] under Section 32 of statements, accounts,  reports, or copies of documents, and under sub-sections (4) and (5) of Section 94 and sub-section  (1) of Section 108 of copies of resolution, passed by the [Municipality] or by a committee of  the [Municipality];  

(d) such of the powers, duties and functions referred to in the third column of Schedule 1 as are  delegated by the [Municipality] under Section 112 to the [President]; and  

(e) all other duties, powers and functions of a [Municipality] with the exception of, -  

(i) where there is an executive officer, those vested in an executive officer by Section  60 [and where there is a medical officer of health, those vested in the medical officer of health by  Section 60-A].  

(ii) those specified in the second column of Schedule 1; and  

(iii) those delegated by the [Municipality] under Section 112.

 

51. Additional duties of the President. -

It shall also be the duty [and power] of the President - 

[(a) unless provided otherwise by this Act or prevented by reasonable cause -]  

(i) to convene and preside at all meetings of the [Municipality];  

(ii) [* * *]  

(iii) otherwise to control in accordance with any regulation made in this behalf the  transaction of business at all meetings of the [Municipality];  

(b) to watch over the financial and superintend the executive administration of  the [Municipality] and bring to the notice of the [Municipality] any defect therein; and 

(c) to perform such other duties as are required of, or imposed on him by or under this [or any  other] Act.  

[51A. Authority to President to address State Government on question of general public  interest. -

A President may address the State Government or any Department of the State  Government on any question of general public interest in the manner prescribed.]  

52. Power of [Municipality] to require reports, etc. from President -

(1)  The [Municipality] may require the [President] to furnish it with, -  

(a) any return, statement, estimate, statistics or other information regarding any matter  appertaining to the administration of the municipality;  

(b) a report or explanation on any such matter; and  

(c) a copy of any record, correspondence or plan or other document which is in his  possession or control as [President] or which is recorded or filed in his office or in the office  of any municipal servant.  

(2) The [President] shall comply with every requisition made under sub-section (1) without  unreasonable delay.  

(3) Nothing in this section or in any other provision of this Act shall be deemed to prevent  the [Municipality] from making regulations authorizing the asking of questions by members at  its meetings, subject to such conditions and restrictions as may be prescribed in the regulations.  

53. 1[* * *]  

53A. Delegation by President of powers under clause (a) of Section 50. -

(1) A President may  empower by general or special order any servant of the [Municipality] to exercise under his  control any one or more of the powers specified in clause (a) of Section 50. 

(2) An order of the [President] under sub-section (1) may prescribe any condition, and impose  any restriction in respect of the exercise of any power.  

(3) Any order passed by a servant of the [Municipality] in the exercise of a power conferred on  him under sub-section (1) shall be liable to rescission or revision by the [President].  

 

54. 1[* * *]  

2[“54A. Temporary arrangement in certain cases. -

Where a person on being elected President  fails or refuses to function or is otherwise not able to function, or a casual vacancy occurs in the  office of the President within the meaning of Section 44-A, the powers and functions of the  President shall, until a President is able to function be exercised and performed by the District  Magistrate or by a Gazetted Officer not below the rank of a Deputy Collector appointed by the  District Magistrate in this behalf, and such Officer shall be called the Administrator, and all  powers, functions and duties of the President shall be vested in and be exercised, performed and  discharged by him.”] 

55. 3[* * *]  

[56. Notification of elections, nominations and vacancies. -

Every election and nomination of a  member or President of a] [Municipality], the due constitution of the[Municipality], and every  vacancy in the office of members or [President] shall be notified in the Official Gazette.  

The executive officer and medical officer of health  

[57. Power of] [Municipality] to appoint and employ Executive Officer and Medical Officer  of Health. -

[(1) Every] [Municipality] shall, unless the State Government either on its own  motion or on representation made by the [Municipality], otherwise directs, appoint an Executive  Officer by a special resolution.  

Provided that in every case in which such [Municipality] has at the time of the passing of the Act  a Secretary but no Executive Officer, the Secretary shall be deemed to be the Executive Officer,  until or unless he is duly replaced.  

(2) Every [Municipality] with an income of Rs. 50,000 per annum or over, shall, unless the State  Government otherwise directs, employ a Medical Officer of Health who belongs to the [Uttar  Pradesh Provincial Medical and Health Service], and an Accountant who belongs to the State  Accounts Service, on such terms and conditions as may be prescribed by the State Government :   [Provided that if the State Government expresses its inability to make available the  services of a Medical Officer of Health belonging to the] [Uttar Pradesh Provincial Medical and  Health Service], the [Municipality] may appoint a temporary Medical Officer of Health by a  special resolution.  

(2A) Every [Municipality] shall, if so required by the State Government, employ in addition to or  in place of the Accountant, an Accounts Officer nominated by the State Government either  severally or jointly with one or more than one [Municipality] or any other local authority on the  terms and conditions as may be prescribed by the State Government, from time to time.  

[(3) Every appointment of an Executive Officer under sub-section (1) and of a Medical Officer  of Health under the provisio to sub-section (2) made by a] [Municipality] shall be subject to the  prior approval of the State Government and their salaries and conditions of service shall be such  as may be prescribed.  

[58. Punishment, dismissal or removal of executive officer and transfer of Medical Officer  of Health. -

(1) A] [Municipality] may dismiss, remove or otherwise punish its Executive  Officer by a special resolution supported by not less than two thirds of the members constituting  the [Municipality] subject to his right of appeal to the State Government, within such time and in  such manner as may be prescribed :  

 

Provided that the [Municipality] shall, in dismissing, removing or otherwise, punishing the  Executive Officer, follow the procedure that may be prescribed in this behalf.  

(2) [* * *]  

(3) If a [Municipality] by special resolution recommend the transfer of its Medical Officer of  Health [other than one appointed under the proviso to sub-section (2) of Section 57] or its  Accountant, the State Government shall transfer the Medical Officer of Health or the Accountant  as the case may be from the [Municipality's] employment provided the [Municipality] gives  sufficient reasons therefor.  

59. Appointment of officiating Executive Officer. -

[(1) During the absence on leave, or other  temporary vacancy in the office of an Executive Officer, if the period of such leave or vacancy  does not exceed two months, the President may appoint a person to act as Executive Officer; and  if the period exceeds two months an appointment shall be made by the] [Municipality] in  accordance with the provisions of Section 57 :  

Provided that when the period of vacancy which initially did not exceed two months, is  subsequently extended due to unforeseen circumstances, the appointment made by the President  may continue subject to the approval of the State Government.  

(2) Every person so appointed may exercise the powers and shall perform the duties conferred or  imposed by or under this or any other enactments on the person for whom he is appointed to act.  

[(3) The salaries and conditions of service appertaining to such appointments shall be such as  may be prescribed, and the provisions of Section 58, with such modifications as may be  prescribed, shall apply to persons so appointed.]  

60. Functions of a [Municipality] that must be discharged by the Executive Officer. -

(1) In  any municipality where there is an Executive Officer appointed under Sections 57, 59 or 65 the  following powers of the [Municipality] shall be exercised by such officer, and subject to the  provisions of Section 62 not otherwise, namely, - 

(a) the power to grant and issue under his signature, or to refuse, any licence which can be  granted by a [Municipality], other than a licence for market, slaughter house or hackney  carriage;  

(b) the power to suspend or withdraw any such licence;  

(c) the power to receive, recover, and credit to the municipal fund any sum due or tendered to  the [Municipality];  

(d) the powers conferred by the section or sub-sections specified in the first column of  Schedule II [or where such sections or subsections are followed by the words 'in part' by such  parts thereof as are indicated by the description in Column 2 of the said Schedule] and the  power to do all things necessary for the exercise of these powers;  

(e) in respect of servants of the [Municipality], the powers vested in the Executive Officer by  Sections 75 and 76, and the power to grant leave of absence to the holder of any post to  which he has power to appoint;  

(f) any other power that has been delegated by the [Municipality] to the Executive Officer.  [(2)] [* * *] [A11] servants of the [Municipality] shall be subordinate to Executive Officer.  

[60A. Function to be discharged by Medical Officer of Health. -

Notwithstanding anything  contained in Section 60, the State Government may, by notification in the Official Gazette direct  that in any municipality, the Medical Officer of Heath] [subject to the general control] of the  Executive Officer shall exercise the following powers; provided that in case of disagreement  between these officers the question shall be referred to the President, whose decision shall be  final, -  

(a) the power to grant and issue under his signature every permit or licence, other than a  permit or licence for a market or slaughter-house, which can be granted by a [Municipality] in  respect of bye-laws framed under Parts B, D, F, G and I of List I and Part I of List II of  Section 298;  

(b) the power to suspend or withdraw any such permit or licence;  

(c) the powers conferred on the Executive Officer under Section 60 (1 )(d) in respect of  Sections 191 (1) and (2), 192 (1), 196 (c) and (d), 201 (1), 202 (1), 225 (1) and (2), 227, 244  (1) and (2), 245 (1), 249, 250 (2), 267, 268, 269, 270, 271, 273 (l)(a), 276, 277, 278, 280, 283,  294 and also in respect of 307 so far as the notice referred to therein relates to the other  sections specified in this clause;  

(d) in respect of servants of the [Municipalities] employed for conservancy, public health,  vaccination, and the registration or births and deaths the powers vested in the Executive  Officer by Sections 75 (a) and 76 (a) and the power to grant leave of absence to the holder of  any post to which he has power to appoint. 

 

[60B. Delegation of powers to principal officers of the Electrical, Public Works] [* * *] and  Water Works Department. -

The State Government may, by notification in the Official  Gazette, direct that in any municipality the principal officers of the Electrical, Public Works, [* *  *] and Water Works Departments [and of Municipal Museum] shall exercise, with reference to  their departments [or Museum], powers under clause (e) of sub-section (1) of Section 60, and  anything done in exercise of the powers conferred under the provisions of this section shall be  deemed to be thing done and power exercised by the Executive Officer.  

61. Right to appeal from orders of Executive Officer. -

(1) No appeal shall lie to  the [Municipality] from order passed by an Executive Officer [or Medical Officer of Health] in  the exercise of the powers conferred upon him by Section 60 [or Section 60-A] unless, -  

(a) the order is an order against which an entry is shown in the third column of Schedule II,  such entry not being avoided by regulation made under clause (e) of sub-section (1) of Section  297 and in force; or  

(b) the order is an order passed in respect of a licence and provision is made for appeal  therefrom by any bye-law.  

(2) Where an appeal lies it shall be filed within ten days of the communication of the order or of  date on which the order is, under the provisions of this Act, deemed to have been communicated.  

(3) When an appeal is filed within such period, the order shall remain suspended until the appeal  is decided.  

62. Delegation of powers by Executive Officer or Medical Officer of Health. -

[(1) With the  sanction of the President an Executive Officer, or a Medical Officer of Health may empower, by  general or special order, any servant of] [Municipality] to exercise, under his control, any power,  other than a power delegated to him under clause if) of sub-section (1) of Section 60 conferred  on him by or under this Act.  

(2) An order by the Executive Officer [Medical Officer of Health] under sub-section (1) may  prescribe any condition and impose any restriction in respect of the exercise of any power. 

(3) Any order passed by a servant of the [Municipality] in the exercise of a power conferred on  him under sub-section (1) shall be liable to rescission or revision by the Executive Officer [or  Medical Officer of Health] [as the case may be].  

63. Power of President or [Municipality] or committee to require report etc., from  Executive Officer or Medical Officer of Health. -

(1) [President or the], [Municipality], or any  committee of the [Municipality], may require from the Executive Officer [or Medical Officer of  Health], -  

(a) any return, statement, estimate, statistics or other information regarding any matter  appertaining to [that branch of the administration of the municipality with which he is  concerned];  

(b) a report or explanation on any such matter; and  

(c) a copy of any record, correspondence or plan or other document which is in his  possession or under his control as Executive Officer [or Medical Officer of Health] or which is  recorded or filed in his office or in the office of any servant subordinate to him. 

(2) The Executive officer [or Medical Officer of Health] shall comply with every requisition  made under sub-section (1) without unreasonable delay.  

64. Right of Executive Officer or Medical Officer of Health to take part in discussions. - 

The Executive Officer, [Accounts Officer] [or Medical Officer of Health] may, within the  permission of the [President], or in virtue of a resolution passed in this behalf at a meeting of  the [Municipality] or of a committee, make an explanation in regard to a subject under  discussion, but shall not vote upon or make a proposition at such meeting.  

[65. Power of State Government to appoint Executive Officer. -

If a] [Municipality] being  bound to make an appointment under the provisions of Section 57 or Section 59, fails to make an  appointment [* * *] within such time as the State Government considers reasonable, the State  Government may itself make the appointment and may fix the salary, contributions to provident  fund or pension and other conditions appertaining to such appointment :  

Provided that if the State Government has made an appointment in exercise of the powers  conferred by this section, the [Municipality] shall not be bound to pay a sum exceeding a  monthly average of Rs. 1,000 in the case of municipalities with an income of three lakhs or over  or of Rs. 500 in the case of other municipalities on account of the salary, leave, allowances and  contributions of the person so appointed.  

Other servants  

66. Appointment of Secretaries. -

(1) Every [* * *] municipality where there is no Executive  Officer shall, by special resolution appoint one or more Secretaries.  

[(2) Each such appointment shall be subject to prior approval of the Prescribed Authority and the  salaries and other conditions of service of the person so appointed shall be such as may be  prescribed.]  

[66A. Appointment of Officiating Secretary. -

(1) During the absence on leave, or other  temporary vacancy in the office of a Secretary appointed under Section 66, if the period of such  leave or vacancy does not exceed two months, the President may appoint a person to act as Secretary, and if the period exceeds two months an appointment shall be made by  the] [Municipality] in accordance with the provisions of Section 66.  

(2) When the period of vacancy in which appointment has been made under the first part of sub section (2) is subsequently extended beyond two months due to unforeseen circumstances the  appointment made by the President may continue subject to the approval of the State  Government.  

(3) Every person so appointed may exercise the powers and shall perform the duties conferred or  imposed by or under this or any other enactment on the person for whom he is appointed to act. 

(4) The salary and other conditions of service of a person appointed under sub-section (1) shall  be such as may be prescribed.  

[67. Punishment and dismissal of Secretaries. - A]

[Municipality] may dismiss, remove or  otherwise punish any Secretary appointed under Section 66 or Section 66-A, by special  resolution supported by not less than two thirds of the members constituting the [Municipality],  subject to his right of appeal to such authority, within such time and in such manner, as may be  prescribed :  

Provided that the [Municipality] shall in dismissing, removing or otherwise punishing the  Secretary, follow the procedure that may be prescribed in this behalf.  

[68. Appointment of Special Officers of technical department. -

(1) A] [Municipality] may,  and if so required by the State Government, shall by special resolution, appoint the principal  officers of its technical departments such as Civil Engineer, Assistant Civil Engineer, Electrical  Engineer, Assistant Electrical Engineer, Water Works Engineer, Assistant Water Works  Engineer, Electrical and Water Words Engineer, Assistant Electrical and Water Works Engineer  or Overseer and also Secretary where there is already an Executive Officer and Superintendent or  Lady-Superintendent of Education.  

(2) During the absence on leave, or other temporary vacancy in the office of any of the officers  mentioned in sub-section (1), if the period of such leave or vacancy does not exceed two months,  the President may appoint a person to act in such office; if the period exceeds two months an  appointment shall be made by the [Municipality] in accordance with the provisions of sub section (1).  

(3) When the period of vacancy in which appointment has been made under the first part of sub section (2) is subsequently extended beyond two months due to unforeseen circumstances, the  appointment made by the President may continue subject to the approval of the State  Government.  

(4) Every person appointed under sub-section (2) may exercise the powers and. shall perform the  duties conferred or imposed by or under this or any other enactment on the person for which he  is appointed to act.  

(5) Each appointment made under sub-section (1) or the second part of sub-section (2) shall be  subject to the prior approval of the State Government.  

(6) The salary and other conditions of service of a person appointed under this section shall be  such as may be prescribed.  

68A. Compliance by [Municipality] of requisition by State Government for servants in  times of emergency. -

On the occurrence of war, famine, scarcity, epidemic disease of men, or  beasts, flood, or any similar emergency, and to provide for fairs, melas or other occasion,  involving large gathering of people, the [Municipality] shall immediately comply with any  requisition made by the State Government or by an officer of the Government authorised by  general or special order to make the requisition, for the services of any of  the [Municipality's] officers or officials holding posts in its medical, public health, sanitary,  vaccination, veterinary, [electrical, water-works] or Public Works Departments for the services  of any vaidya or hakim employed by the [Municipality], and shall meet such proportion of the  charge connected with the requisitioning as the State Government may decide to be a proper  charge on the [Municipality]. 

 

[68B. (1) Notwithstanding anything to the contrary contained in any other law for the time being  in force and without prejudice to the generality of the powers conferred by this Act or the rules  made thereunder the Executive Officer of concerned Municipality, may at any time by general or  special order direct any regular, ad hoc or contractual employee of the Municipality, who goes or  remains on or otherwise takes part in any strike which has been prohibited by an order under  sub-section (1) of Section 3 of the Uttar Pradesh Essential Services Maintenance Act, 1966 to  resume duty by the day or hour and in the manner specified in the order.  

(2) Notwithstanding anything to the contrary contained in any other provisions of this Act or the  rules made thereunder, -  

 

(a) the employment or contract of a regular, ad hoc or contractual employee of the  Municipality shall become void with effect from the day or hour specified in the order referred to  in sub-section (1) if the employee fails to resume duty in response to the said order;  

(b) where the employment or contract of a regular, ad hoc or contractual employee becomes  void under clause (a), the services of such employee shall stand terminated and such employee  shall not be entitled to any notice before the termination of his services and no disciplinary  enquiry shall be required before such action.  

(3) In particular and without prejudice to the generality of the foregoing provisions of this  section, the Municipality shall not be liable for payment of salary of any such employee beyond  the day or hour specified in the order referred to in sub-section (1).  

68C. The Executive Officer of concerned Municipality shall, notwithstanding anything to the  contrary contained in any other provisions of this Act or the rules or regulations made thereunder  be competent to appoint on temporary basis any person possessing the requisite qualifications for  discharging the duties of the post of the employee referred to in Section 68-B.]  

69. Punishment and dismissal of officers appointed under Section 68. -

[(1)  A] [Municipality] may, by special resolution, dismiss, remove or otherwise punish any officer  appointed under Section 68 or the proviso to subsection (2) of Section 57, subject to the  conditions provided in Section 58 in respect of the dismissal, removal or other punishment of an  Executive Officer.  

(2) [* * *]  

[69A. Framing charges against or suspension of officers by President. -

(1) If the President  has reason to believe that the Executive Officer or the Secretary or any of the other officers of  the] [Municipality] appointed under Section 68 [or the proviso to sub-section (2) of Section  57] is corrupt or has persistently failed in the discharge of the duties or is otherwise guilty of  misconduct, he may frame charges against him and where he is satisfied that it is so necessary,  he may, for reasons to be recorded, suspend him pending the completion of the enquiry [and the  passing of the final order by the Prescribed Authority or the Substituted by U.P. Act No. 12 of  1994.[Municipality], as the case may be, under sub-section (4). 

[(2) Whenever the President takes action under sub-section (1), he shall within a week inform the  Prescribed Authority and also forward to it a copy of the charges, and in case an order of  suspension has been passed, the President shall also forward to the Prescribed Authority the  material forming the basis of the charges.]  

[(2A) The order of the suspension under sub-section (1) may at any time be revoked or modified  by the Prescribed Authority.]  

(3) The enquiry under sub-section (1) shall be carried on in such manner as may be prescribed by  rules.  

[(4) After the enquiry is completed, the President shall submit the record with his  recommendations-to the Prescribed Authority or to the] [Municipality], as he may consider fit.  The Prescribed Authority or the [Municipality], as the case may be, shall thereupon,  notwithstanding anything contained in sub-section (1) of Section 58 or Section 67 or Section 69,  proceed to consider the report and may, after such further enquiry as it may deem necessary,  dismiss, remove or otherwise punish or exonerate the Executive Officer or Secretary or other  officer, as the case may be :  

Provided that the [Municipality] shall act under this sub-section through a special  resolution supported by not less than two thirds of the members constituting the [Municipality].  

(5) An appeal against an order of dismissal, removal or other punishment passed under sub section (4) by the Prescribed Authority or the [Municipality], shall lie to the State Government  within such time and in such manner as may be prescribed.  

[69B. Centralisation of services of Municipal Officers and servants. -]

[(1) Notwithstanding  anything contained in Sections 57, 59, 65 to 68, 69, 69-A, 71, 74, 79 and 80, the State  Government may at any time, by rules provided for the creation of one or more services of such  officers and servants as the State Government may deem fit, common to all or some] [Nagar  Panchayats or Municipal Councils or to the Nagar Panchayats, Municipal Councils, Municipal  Corporation and Jal Sansthans in the State] and prescribe the methods of recruitment and  conditions of service of persons appointed to any such service.  

(2) When any such service is created, officers and servants serving on the posts included in the  service may, if found suitable, be absorbed in the service, provisionally or finally and the  services of others shall stand determined, in the prescribed manner :  

[Provided that such absorption in the service shall not operate as a bar against holding or  continuing to hold any disciplinary proceedings against a member of the service in respect of act  committed before the date of such absorption.]  

(3) Without prejudice to the generality of the provisions of sub-sections (1) and (2), such rules  may also provide for consultation with the State Public Service Commission in respect of any of  the matters referred to in the said sub-sections.  

[(4) Notwithstanding anything contained in the preceding sub-sections (1), (2) and (3) or any  other provision of the Act, the State Government may by rules also provide for regularisation of temporary and ad hoc appointments made before the prescribed date, without consultation with  the State Public Service Commission.]  

 

[Explanation. -

For the purposes of this sub-section it is clarified that services common to the  Nagar Panchayats and Municipal Councils or Nagar Panchayats, Municipal Councils, Municipal  Corporation and Jal Sansthans in the districts of Garhwal and Kumaon Divisions of the State  may be created.]  

70. Temporary servants required for emergency. -

The power to appoint and fix the salaries  of temporary servants in cases of emergency shall vest in the [President] subject to the following  conditions, namely, -  

[(a) the President, in exercise of such powers, shall not act in contravention of - 

(i) any general or special directions as the State Government may, from time to issue;]  

(ii) an order of the [Municipality] prohibiting the employment of temporary servants for any  particular work; and  

(b) each appointment under this section by the [President] shall be reported at the next meeting  of the [Municipality] following the appointment.  

[71. Power of] [Municipality] to determine permanent staff. -

Except as provided by Sections  57, 66, 58 and 70, [and subject to any general or special directions as the State Government may,  from time to time, issue] a [Municipality] may, by [special], resolution, determine what servants  are required for the discharge of the duties of the [Municipality] and [their qualifications and  conditions of service.]  

72. Combination of offices. -

Subject to the provisions of this Act or of any rule  a [Municipality], [President or Executive Officer, as the case may be,] may appointed one person  to discharge the duties of any two or more officers.  

73. Appointment, etc., of servants on the educational establishment. -

[(1) Subject to the  provisions of sub-section (2), the appointment of persons on the educational establishment of  a] [Municipality] shall be made by [such] authority as may be specified in this behalf by the  State Government, and different authorities may be specified for different classes of posts on the  establishment.  

(2) The State Government may make rules regulating the recruitment, punishment, [* * *] appeal  and other conditions of service of persons appointed to the educational establishment of  a [Municipality];  

[Provided that the appointment of a teacher or Head of an institution shall be governed by  the provisions of the Uttar Pradesh State Universities Act, 1973, or the Intermediate Education  Act, 1921, as the case may be.]  

[74. Appointment and dismissal of permanent superior staff. -

Subject to the provisions of  Sections 57 to 73, servants on posts in the non-centralised service, carrying scale of pay equal to  or higher than the lowest scale of pay admissible to the clerical staff, shall be appointed and may  be dismissed, removed or otherwise punished, or the services of a probationer may be  terminated, by the President, subject to the right of appeal, except in the case of the termination  of the service of a probationer, to such authority within such time and in such manner as may be  prescribed : 

Provided that appointments on the posts of Tax Superintendent, Assistant Tax  Superintendents, Inspectors, Head Clerks, Sectional Head Clerks, Sectional Accountants,  Doctors, Vaids, Hakims and Municipal Fire Station Officers, shall be subject to the approval of  the] [Municipality].  

[75. Appointment of permanent inferior staff. -

Except as otherwise provided, the Executive  Officer shall appoint servants carrying scales of pay lower than the lowest scale of pay referred  to in Section 74 :  

Provided that in the case there is no Executive Officer, the said appointment shall be made by the  President.]  

[76. Punishment and dismissal of permanent inferior staff. -

Except as otherwise provided,  the Executive Officer, and where there is no Executive Officer, the President may dismiss,  remove or otherwise punish servants of the] [Municipality], or terminate the services of  probationers, [referred to in Section 75], subject to their right of appeal, except in the case of the  termination of the service of a probationer, to such authority within such time and in such  manner as may be prescribed.  

77. Limitation of powers conferred by Sections 71 to 76. -

(1) The provisions of Sections 71,  73, 74, 75 and 76, shall be subject to the provisions of, -  

(a) Section 78, and  

(b) any rule, in particular of any rule imposing any conditions on the appointment of  persons to offices, or any particular office, requiring professional skill, and on the  suspension or dismissal [removal or other punishment or discharge or termination of  service] of persons so appointed.  

(2) The provisions of Sections 74, 75 and 76 shall also be subject to the provisions of any  regulation raising any maximum or minimum monthly salary prescribed in those sections with  reference to the respect powers of the [Municipality], the [President] and the Executive Officer  over the staff.  

[77A. Powers of Appellate Authority in disciplinary matters. -

The Appellate Authority to  which an appeal against an order of dismissal, removal or other punishment is preferred under  this Act or the rules may, -  

(a) set aside, reduce or confirm the penalty; or  

(b) remit the case to the authority which imposed the penalty with such directions as it may  deem fit.]  

 

[77B. Power of suspension. -

(1) The authority competent to punish an officer or servant of  the] [Municipality] may place him under suspension, -  

(a) where a disciplinary proceeding against him is contemplated or pending; or  

(b) where a criminal case against him in respect of an offence involving moral turpitude is  under investigation, enquiry or trial.  

(2) Where a penalty of dismissal or removal imposed upon an officer or servant  of [Municipality] is set aside in appeal under this Act or the rules and the case is remitted for further inquiry or action or with any other directions, the officer or servant shall be deemed to  have been placed or continued under suspension on and from the date of the original order of  dismissal or removal.  

(3) Where a penalty of dismissal or removal imposed upon an officer or servant of  the [Municipality] is set aside or declared or rendered void in consequence of or by a decision of  a Court of law, and the punishing authority, on a consideration of the circumstances of the case  decides to hold a further enquiry against him on the allegations on which the penalty of dismissal  or removal was originally imposed, the officer or servant shall be deemed to have been placed or  continued under suspension by the punishing authority on and from the date of the original order  of dismissal or removal.  

(4) An order of suspension made or deemed to have been made under this section may at any  time to be revoked by the authority which made or is deemed to have made the order of by the  Appellate Authority.  

(5) [Municipality] the act under this section, by a special resolution supported by not less than  two-thirds of the members constituting the [Municipality].  

(6) An officer or servant who is placed or is deemed to have been placed under suspension shall,  during the period of such suspension, be entitled to receive, instead of salary, such subsistence  allowance as may be prescribed. 

 

Special provisions as to certain servants  

78. Pension and dismissal in case of servants of the Government employed  by [Municipality] or vice versa. -

(1) A [Municipality] shall contribute to the pension and leave  allowances of any servant, -  

(a) whose services are lent or transferred by Government to the [Municipality]; or  (b) whose services are lent or transferred by the [Municipality] to Government; or  (c) who is employed partly by Government and partly by the [Municipality].  

(2) Such contribution shall be to the extent prescribed by any general rules or special orders  made by [the Government concerned].  

(3) A [Municipality] shall not, without the assent of Government, dispense with the services of  any servant described in clause (a) or (c) of sub-section (1), or finally dismiss from its service  any servant described in clause (b) of subsection (1), unless it has given Government at least six  month's notice.  

(4) In this section "Government" shall mean the [Central Government] or any [State  Government]. 

 

79. Leave allowances, provident fund, annuities and gratuities. -

(1) In every case where  a [Municipality], is entitled to pay a salary to any officer or servant, it shall subject to any  regulations in this behalf, be entitled to pay leave allowances to such officer or servant. 

(2) A [Municipality] may establish and maintain a provident fund and may itself contribute  thereto.  

(3) A [Municipality] may grant a gratuity, upon his retirement, to any servant of  the [Municipality] who is excluded from participation in the benefits of the provident fund. 

(4) The [Municipality] may, with the previous sanction of the State Government, grant or arrange  for the purchase of an annuity to, -  

(a) any servant who, at the date of his retirement, has not been contributing to a provident  fund established under sub-section (2) or has contributed thereto of a period of less than 10  years; and  

(b) any officer or servant injured, otherwise than by reason of his own default, in the  execution of his duty, or where such injury results in death, the family of such officer or  servant.  

(5) A [Municipality] may, with the like sanction, instead of taking action under clause (b) of sub section (4), grant a compassionate allowance to an officer or servant referred to therein, or to the  family of such officer or servant.  

80. Limitations of powers conferred by the previous section. -

The provisions of Section 79  shall be subject to the condition that the [Municipality] shall not, without the special sanction of  the [State Government], grant to any officer or servant or to his family a pension, annuity or  gratuity greater in amount than that to which he or it would have been entitled, under any general  or special orders of the Central Government or [State Government], if the service qualifying for  the pension, annuity or gratuity had been service under that Government for the same time, on  the same pay, and in other respects of the same character.  

Liability of members, officers and servants  

[81. Surcharge. -

(1) The President, the] [* * *], and every member, officer and servant of  the [Municipality] shall be liable to surcharge for the loss, waste and misapplication of any  money or property of the [Municipality], its such loss, waste or misapplication is a direct  consequence of his neglect or misconduct while acting as such [* * *], member, officer or  servant :  

Provided that such liability shall cease to exist after the expiry of ten years from the occurrence  of such loss, waste or misapplication or after the expiry of five years from the date on which  such President, [* * *], member, officer or servant ceases to hold his office, whichever is later.  

(2) The amount of surcharge so imposed shall be recoverable as if it were an arrear of land  revenue and the Collector on being satisfied that the sum is due shall proceed to recover it as  such an arrear.  

(3) The procedure of surcharge and the manner of the recovery of the amount involved in loss,  waste or misapplication shall be such as may be prescribed. 

(4) Where no surcharge proceedings are taken the [Municipality], with the previous sanction of,  or on being directed by, the Prescribed Authority, may institute a suit for compensation against  such person.  

82. Penalty on member or President acquiring interest in contract, etc. -

A member [or  President] of a [Municipality] who, otherwise than with the permission in writing of the  Prescribed Authority knowingly acquires, or continues to have directly or indirectly, by himself  or his partner, any [share or interest, whether pecuniary or of any other nature] in any contract or  employment, with, by, or in behalf of the [Municipality], shall be deemed to have committed an  offence under Section 168 of the Indian Penal Code :  

Provided that a person shall not be deemed for the purposes of sub-section (1) to acquire, or  continue to have, any [share or interest, whether pecuniary or of any other nature] in a contract or  employment by reason only of his, -  

(a) having a [share or interest, whether pecuniary or of any other nature] in any lease, sale  or purchase of land or buildings, or in any agreement for the same, provided that  such [share or interest, whether pecuniary or of any other nature] was acquired before he  became a member, or  

(b) having a share in a joint stock company which shall contract . with, or be employed by,  or on behalf of, [Municipality], or  

(c) having a [share or interest, whether pecuniary or of any other nature] in a newspaper in  which an advertisement relating to the affairs of the [Municipality] is inserted, or 

(d) holding a debenture or otherwise being interested in a loan raised by, or on behalf of,  the [Municipality], or  

(e) being retained by the [Municipality] as a legal practitioner, or  

(f) having a [share or interest, whether pecuniary or of any other nature] in the occasional  sale of an article in which he regularly trades to [Municipality] to a value not exceeding, in  any one year, such amount as the [Municipality], with the sanction of the [State  Government] fixes in this behalf, or  

(g) being a party to an agreement made with the [Municipality] under the provisions of  Section 196 (c) or of Section 229.  

83. Provision against servants being interested in contract, etc. -

(1) A person who has  directly or indirectly, by himself or his partner, a [share or interest, whether pecuniary or of any  other nature] in a contract with, by, or on behalf of a [Municipality] or in any employment with,  under, by, or on behalf of, a [Municipality], other than as a municipal servant, shall be  disqualified for being a servant of such [Municipality].  

(2) A municipal servant who shall acquire or continue to have directly or indirectly, himself or  his partner a [share or interest, whether pecuniary or of any other nature] in any such contract or  employment as aforesaid shall cease to be a municipal servant, and his office shall become  vacant.  

(3) A municipal servant who knowingly acquires or continues to have, directly or indirectly,  a [share or interest, whether pecuniary or of any other nature] in a contract or, except in so far as  concerns his employment as a municipal servant, in any employment with, under, by, or on behalf of, a [Municipality] of which he is a servant, shall be deemed to have committed an  offence under Section 168 of the Indian Penal Code (Act No. XLV of 1860).  (4) Nothing in this section shall apply to any such [share or interest, whether pecuniary or of any  other nature] in a contract employment with under, by, or on behalf of, the [Municipality] as is  referred to in clauses (b), (d) and (g) of sub-section (2) of Section 82 or to any [share or interest,  whether pecuniary or of any other nature] acquitted or retained, with the permission of  the [Prescribed Authority], in any lease, sale or purchase of land or buildings, or in any  agreement for the same.  

84. All officers and servants of a [Municipality] to be deemed public servants. -

Every  officer or servant of [Municipality] shall be deemed to be a public servant within the meaning of  the Indian Penal Code (Act No. XLV of 1860) and in the definition of "legal remuneration" in  Section 161 of that Code, the word "Government" shall, for the purposes of this section, be  deemed to include a [Municipality].  

85. Penalty on specified municipal servants for failure to discharge their duties. -

(1) A  sweeper employed by the [Municipality], who, -  

(a) except in accordance with the terms of written contract of service, or with the permission  of the [Municipality], resigns or abandons his employment, or  

(b) without a reasonable cause of which notice has, when possible, been given to  the [Municipality], absents himself from his duties, shall be liable upon conviction to imprisonment which may extend to two months.  

(2) The [Prescribed Authority] may direct that on and from a specified future date the provisions  of sub-section (1) shall apply also to any other specified class of servants employed by  a [Municipality] whose functions intimately concern the public health or safety :   Provided that when a [Prescribed Authority] makes an order under this sub-section, he  shall forthwith forward a copy thereof, with a statement of his reasons for making it, to the State  Government which may thereupon rescind the order or direct that it continue in force, with or  without modification, permanently or for such period, as it thinks fit.