86. Meetings of a [Municipality]. -
(1) There shall be at least one meeting of the [Municipality] in every month to be held on a day fixed by regulation or of which notice has been given in a manner provided by regulation in this behalf :
[(2) The President may convene a meeting whenever he thinks fit and shall, upon a requisition made in writing by not less than one-fifth of the members of the] [Municipality] and served on the President or sent by registered post acknowledgement due addressed to the [Municipality] at their office, convene a meeting within a period of [fifteen days] from the date of the service or receipt of such requisition.
[Provided that the President may, for reasons to be recorded, postpone a meeting, other than a meeting convened on the requisition of members as above, by giving such notice as may be provided by regulation in this behalf.]
(3) A meeting may be adjourned until the next or any subsequent day, and an adjourned meeting may be further adjourned in the like manner.
(4) Every meeting shall be held at the municipal office (if any) or other convenient place of which notice has been duly given.
[(5) The President shall report to the District Magistrate the name of any member who has, without obtaining sanction from the] [Municipality], absented himself from the meetings of the [Municipality] for more than three consecutive months or three consecutive meetings, whichever is the longer period.
87. Transaction of business at meetings. -
Subject to any provision to the contrary made by regulation in this behalf, any business may be transacted at any meeting :
Provided that no business which is required to be transacted by a special resolution shall be transacted unless previous notice of the intention to transact such business has been given :
Provided also that nothing in this section shall apply to the motion that the [Municipality] shall adopt a resolution expressing non-confidence in the President or to a motion that the [Municipality] shall adopt a resolution calling upon the President to resign. 87A. [* * *]
88. Quorum. -
(1) It shall be necessary for the transaction of any business other than business which is required to be transacted by a special resolution that not less than one-third of the total members of the [Municipality] for the time being shall be present.
(2) It shall be necessary for the transaction of business which is required to be transacted by special resolution that not less than one-half of such members shall be present :
Provided that, when it is necessary to postpone any business at a meeting for want of the prescribed quorum, the [President] after the transaction of such business can be transacted, shall adjourn the meeting to another date, and the business postponed for want of the prescribed quorum shall be transacted on such date, or in the event of a further adjournment of the meeting to a subsequent date, on such subsequent date, notwithstanding any deficiency in the number of members present.
89. President of meeting. -
If at a meeting 1[President is not present], the members present shall elect one of their members to be the [President] of the meeting, and such [President] shall perform all the duties, and may exercise all the powers of the [President] of a [Municipality] when presiding at a meeting.
90. Publicity of meeting. -
Every meeting shall be open to the public unless the [President] thereof considers that the public should be excluded during the whole or any part of the meeting.
91. Power of President of meeting to maintain order. -
Where at a meeting of the [Municipality], any member or other person refuses to comply with any direction of the [President] ruling any business, discussion or matter out of order, or otherwise regulating the conduct or members or of business or where any member or person willfully disturbs the meeting, the [President] may require that member or person to withdraw from the meeting and, in the even of this omitting to do so, may employ against him such force as is necessary or as in good faith he believes to be necessary, for the purpose of removing and excluding him from the meeting.
92. Decision by vote. -
(1) All questions which may come before a meeting of a [Municipality] shall be decided by a majority of the votes of the members present and voting :
[Provided that where the President] [* * *] is of opinion that the decision of any question (including the budget estimates and proposals of taxation) by the [Municipality] by a majority of votes of the members present and voting is against the interest of the [Municipality], he may refer the same with his comments to the Director, who may, with the previous approval of the State Government, take such decision thereon (which may be in supersession or partial modification of the decision of the [Municipality] as he thinks fit, and his decision shall have effect as if it were a decision of the [Municipality] :
Provided further that the Director may, pending his final decision, give such interim decisions as he thinks fit and such direction, shall have effect as if they were decisions of the [Municipality].
(2) In case of an equality of votes, the [President] of the meeting shall have a second or casting vote.
(3) The foregoing provisions of this section shall be subject to the provisions of sub-section (6) of Section 94 and of any other provision of, or under this or any other enactment requiring a resolution to be supported by any proportion or number of the members.
93. Right of certain officers to attend and speak at meetings. -
The [Chief Engineer, Uttar Pradesh Jal Nigam, the Director of Medical Health and Family Welfare, Uttar Pradesh or the Assistant Director, Medical Health and Family Welfare, Uttar Pradesh, the Medical Officer] of the district, the Executive Engineer, the Inspector of Schools, and any other officer specially authorized by the State Government in this behalf shall be entitled to attend a meeting of the [Municipality] and to address the [Municipality] on any matter affecting their respective departments.
94. The minute book and resolutions. -
(1) The names of the members present, and the proceedings held and resolutions passed, at a meeting of a [Municipality] shall be entered in a book to be called the minute book.
[(1A) The Executive Officer or where there is no Executive Officer, the Secretary of the] [Municipality] shall maintain a register of attendance of members and every member shall sign it before taking his seat at any meeting of the [Municipality].
[(2) The minutes shall be read out at the meeting or the next ensuing meeting and, unless objected to by a majority of such of the members, if any, present at the reading as were also present at the proceedings recorded in such minutes, shall be certified as passed by the signature of the President of the meeting at which they are read.]
[(3) Every resolution passed by a] [Municipality] at a meeting, shall, as soon thereafter as may be, [be published in Hindi in any paper approved by the State Government for purpose 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 municipality concerned is situate and where there is no such paper, be posted upon the notice boards of the municipal office and Collectorate Office for three consecutive days].
(4) Copies of every resolution passed by a [Municipality] at a meeting shall, within ten days from the date of the meeting, be forwarded to the [Prescribed Authority] and the District Magistrate.
(5) When, subsequent to action being taken in respect of any resolution under sub-section (3) or (4), but before the minutes recording the resolution are singed as required by sub-section (2), any alteration is made in the wording of such minutes, the alteration shall be notified by publication or communicated to the [Prescribed Authority] and the District Magistrate, as the case may be.
(6) A resolution of a [Municipality] shall not be modified or cancelled within six months after the passing thereof, -
(a) unless previous notice has been given setting forth fully the resolution which it is proposed to modify or cancel and the motion or proposition for the modification or cancellation of such resolution; and
(b) except by a resolution supported by not less than, one half of the total number of members of the [Municipality] for the time being.
Conduct of correspondence, accounts, budgets, etc.
95. Conduct of correspondence, accounts, budgets, etc. -
The following matters shall be regulated and governed by rules made by the State Government, namely, -
(a) the intermediate office or offices, if any, through which correspondence between [Municipalities] and the State Government or officers of the State Government and representations by the [Municipality] addressed to the State Government shall pass;
(b) the preparations of plans and estimates for works which are to be partly or wholly constructed at the expense of the [Municipality];
(c) the authority by whom and the conditions subject to which such plans and estimates may be sanctioned;
(d) the agency by which such plans and estimates shall be prepared and by which works shall be carried out;
(e) the accounts to be kept by [Municipalities], the manner in which accounts shall be audited and published and the power of auditors in respect of disallowance and surcharge;
(f) the date before which a meeting shall be held for the sanction of the budget;
(g) the method and forms to be adopted in the preparation of budget;
(h) the conditions subject to which a [Municipality] in respect of which an order has been issued under Section 102 be entitled to vary or alter its budgets; [* * *]
(i) the return, statements and reports to be submitted by [Municipalities]; [and]
(j) regular periodical inspection of office and works of the [Municipality].
Contracts
96. Sanctioning of contracts. -
(1) The sanction of the [Municipality] by resolution is required in the case of every contract, -
(a) for which budget provision does not exist; or
[(b) involving a value or amount, exceeding] [Fifty thousand rupees] in the case of contract by the Municipal Council and [Fifteen thousand rupees] in the case of a contract by the Nagar Panchayat :
[Provided that during the period intervening two meetings of the Municipal Council, the President may sanction contracts involving a value or amount not exceeding] [One lakh rupees].
(2) Any contract, other than a contract of either description specified in sub-section (1), may be sanctioned by resolution of the [Municipality], or by a committee of the [Municipality] (not being an advisory committee) empowered in this behalf by regulation, or by any one or more than one officer or servant of the [Municipality] so empowered :
[Provided that the contracts sanctioned by a committee, officer or servant shall be placed before the] [Municipality] for information at the next ensuing meeting.
(3)- [Where] the plans and estimates of a project have, in accordance with any rule made in this behalf, been sanctioned by the [Municipality], and the execution of the work has been entrusted by the [Municipality] to an engineer in its service or employment, the [Municipality] may, with the previous sanction of the [Prescribed Authority] empower by resolution such engineer to sanction all contracts or any one or more contracts of any particular description [other than a contract of either description specified in sub-section (1)] required for the execution of the project, and may in like manner impose any condition or restriction on the exercise of the power so conferred.
97. Execution of contracts. -
(1) Every contract made by or on behalf of a [Municipality] whereof the value or the amount exceeding Rs. 250 shall be in writing :
[Provided that unless the contract has been duly executed in writing, no work including collection of materials in connection with the said contract shall be commenced or undertaken].
(2) Every such contract shall be signed, -
(a) by the President or a [* * *] and by the executive officer or a secretary; or
(b) by any person or persons empowered under sub-section (2) or (3) of the previous section to sanction the contract if further and in like manner empowered in this behalf by the [Municipality].
(3) If a contract to which the foregoing provisions of this section apply is executed otherwise than in conformity therewith it shall not be binding on the [Municipality].
[97A. Special provision regarding certain projects. -
Notwithstanding anything contained in this Act, every contract or estimate in respect of an urban development project sponsored by the Central Government or receiving aid from the World Bank or any other foreign organisation, be made or sanctioned in accordance with the scheme approved by the State Government :
Provided that the meeting of the Municipality for sanction of funds for the urban development project shall be convened and decision be taken within one month from the date of approval of the project by the State Government :
Provided further that if the meeting of the municipality is not convened or decision is not taken within the time specified in the first proviso, the municipality shall be deemed to have sanctioned the funds and if the sanction is refused or is accorded with modifications, the matter shall be referred to the State Government and the decision of the State Government shall be final and binding on the municipality and the municipality shall be deemed to have sanctioned the funds accordingly. The Executive Officer may thereupon execute the project, spend funds and ensure completion of the project within the stipulated time :
Provided also that the municipality shall undertake regular moni-taring of the projects and shall send its report to the State Government.]
1[“97B. Private sector participation agreement -
(1) Notwithstanding anything to the contrary contained in any other provision of this Act, a Municipality may, in the discharge of its functions specified in Sections 7 and 8 :
(a) promote the undertaking of any project for supply of urban infrastructure or services by participation of a person, company, firm, society, trust or any body corporate or any institution, or Government agency or any agency functioning under any law for the time being in force, in financing, construction, maintenance and operation of such project of a Municipality irrespective of its cost.
(b) consider and approve the undertaking of any project relating to urban infrastructure or services by a person, company, or firm, or society or trust, or body corporate, or institution, or Government agency or any agency in terms of a private sector participation agreement or jointly with any such agency.
(2) Without prejudice to the generality of the foregoing provisions of this section, such agreements include the following :
(a) Build-Own-Operate-Transfer Agreement,
(b) Build-Own-Operate-Maintain Agreement,
(c) Build and Transfer Agreement,
(d) Build-Lease-Transfer Agreement,
(e) Build Transfer Operate Agreement,
(f) Lease and Management Agreement,
(g) Management Agreement,
(h) Rehabilitate-Operate Transfer Agreement,
(i) Rehabilitate-Own-Operate-Maintain Agreement,
(j) Service Contract Agreement, and
(k) Supply-Operate Transfer Agreement.
(3) In the discharge of its obligations for providing urban infrastructure and services in relation to water supply, drainage and sewerage, solid waste management, urban transport, parks, playgrounds, health and hygiene, recreation and community centre and other civic amenities and facilities and commercial infrastructure, the Municipality may, wherever considered appropriate in the public interest, -
(a) discharge any of its obligations on its own, or
(b) enter into any private sector participation agreement.”]
98. Registration of instruments. -
When the [* * *] Registration Act, 1908, or any rule made thereunder, requires or permits any act to be done with reference to a document by a person executing or claiming under the same, and the document has been executed on behalf of a [Municipality] or is a document under which a [Municipality] claims, the Act may, notwithstanding anything to the contrary contained in the aforesaid enactment, or in any rule thereunder, be done by the President, the Executive Officer or a Secretary of the [Municipality] or by any other officer of the [Municipality] empowered by regulation in this behalf.
The budget
99. The Budget. -
(1) Every [Municipality] shall have prepared, and laid before it, at a meeting to be held in every year before such date as is fixed by rule in this behalf, a complete account of the actual and expected receipts and expenditure for the year ending on the thirty-first day March next following such date together with a budget estimate of the income and expenditure of the [Municipality] for the year commencing on the first day of April next following.
(2) Subject to the provisions of Section 102 the [Municipality] shall at such meeting decide upon the appropriations and the ways and means contained in the budget estimate and by special resolution, sanction a budget, which shall be submitted to the State Government or to such officers as the State Government by order directs in this behalf.
(3) Subject to the like provisions of the [Municipality] may vary or alter, from time to time, as circumstances may render desirable, by special resolution, the budget sanctioned under sub section (2).
100. The revised budget. -
As soon as may be after the first day of October a revised budget for the year shall be framed and such revised budget, shall, so far as may be, be subject to all the provisions applicable to a budget made under Section 99.
101. Minimum closing balance shown in budget. -
In framing a budget a [Municipality] shall provide for the maintenance of such minimum closing balance (if any) as the State Government may by order prescribe.
102. Budget of indebted [Municipality]. -
Where in the opinion of the [State Government] the condition of indebtedness of any [Municipality] is such as to make the control of the State Government over its budget desirable, the [State Government] may, by order declaring that such is the case, direct that the budget of such [Municipality] shall be subject to the sanction of the [State Government] or the [Prescribed Authority] and that the power to vary or alter the budget under sub-section (3) of Section 99 shall be subject to conditions to be prescribed by rule.
103. Prohibition of expenditure in excess of budget. -
(1) Where a budget has been passed the [Municipality] shall not incur any expenditure under any of the heads of the budget, other than a head providing for the refund of taxes in excess of the amount passed under that head, without making provision for such excess by the variation or alteration of the budget.
(2) Where any expenditure under any head providing for the refund of taxes is incurred in excess of the amount passed under that head, provisions shall be made without delay for such expenditure by the variation or the alteration of the budget.
Committees and joint committees
104. Appointment of Committees. -
(1) A [Municipality] may [and where so required by the] [State Government] shall, -
(a) by regulation establish such committees as it thinks fit [or as the] [State Government] may direct or the purpose of exercising such powers, performing such duties or discharging such functions as may be delegated to a committee under Section 112; and (b) by single transferable vote elect such of its members as it thinks fit for a period not exceeding one year to any committee so established, in accordance with the method prescribed in the Regulations made by the Chairman of the Legislative Council of Uttar Pradesh in pursuance of Orders 82 and 87 of the Standing Orders, for the conduct of business and procedure to be followed in the Legislative Council and dated 15th March, 1921, the words "the President" and "the Council" and "the Council" occurring in the said Regulations being for purposes of this clause read as "President of the Municipality" and "[Municipality]" respectively; provided that the State Government may, from time to time, as it thinks fit amend the said Regulations for the purposes of this clause; and (c) by resolution remove any member elected under clause (b).
[(1A) In any committee exclusively for the education of girls established under the preceding sub-section not less than one-half of its members shall be women members of the] [Municipality] together with such other women who, being residents of the municipality but not members of the [Municipality], are, by reason of their interest in the education of girls, appointed under Section 105.
The Chairman of any such committee shall be a person elected from amongst the women members of such committee :
Provided that a [Municipality] may, from time to time, by resolution establish, and appoint the members of one, or more than one, advisory committee for the purpose of enquiring into, and reporting on any matter in respect of which a decision of the [Municipality] is required by or under this Act.
105. Appointment of persons other than members. -
(1) Notwithstanding anything contained in this Act, it shall be lawful for a [Municipality] by a resolution supported by not less than one half of the whole number of members for the time being to appoint as members of a committee any persons of either sex who are not members of the [Municipality], but who in the opinion of the [Municipality], possess special qualifications for serving on such committee :
Provided that the number of persons so appointed on a committee shall not exceed one-third of the total number of the members of committee.
(2) All the provisions of this Act, and of any rules relating to the duties, powers, liabilities, disqualifications and disabilities of members shall, save as regards a disqualification on the grounds of sex, be applicable, so far as may be, to such persons.
106. Vacancies in Committees. -
A vacancy occurring in any committee may at any time be filled up by the appointment by the [Municipality], in the manner prescribed by Section 104, or Section 105, of another member or persons.
107. President of a Committee. -
(1) The [Municipality] may by resolution appoint a President for any committee.
(2) In default of a President being appointed by the [Municipality], a committee shall appoint its own President from among its members.
108. Procedure of Committees. -
(1) The provisions of sub-sections (1) and (2) of Section 92, of Section 93, and of sub-sections (1), (2), (4), (5) and (6) of Section 94 shall apply to the proceedings of committees of [Municipality], as if the words "a committee" were substituted for the words " a [Municipality]" or "the [Municipality]" whenever they occur therein.
(2) Committees may meet and adjourn as they think proper, but the President of the committee may, whenever he thinks fit, and shall, upon the written request of the [President] of the [Municipality] or of not less than two members of the committee, call a meeting of the committee.
(3) Subject to the provision contained in sub-section (4), no business shall be transacted at any meeting unless more than one-fourth of the members of the committee are present thereat. (4) Where it is necessary to postpone any business at a meeting of a committee for want of the prescribed quorum, the procedure specified in sub-section (3) of Section 88 shall be followed.
109. Subordination of Committees to [Municipality]. -
(1) The [Municipality] may at any time call for any extract from any proceedings of any committee and for any return, statement, account or report concerning or connected with any matter with which the committee has been authorized, or directed to deal.
(2) Every committee shall, with all convenient speed, comply with any requisition of the [Municipality] made under sub-section (1).
[(3) The] [Municipality] may, for reasons to be recorded, vary or override any decision of the committee.
110. Joint Committee. -
(1) A [Municipality] may, and if so required by the [State Government] shall, combine with one, or more than one, other assenting local authority to appoint by means of a written instrument subscribed by the local authorities concerned, a joint committee for the purpose of transacting any business in which they are jointly interested.
(2) Such instrument shall prescribe the number of members who shall be chosen by each local authority to represent it upon the joint committee, the person who shall be [President] thereof, the powers being powers exercisable by one or more of the concurring local authorities which may be exercised by the joint committee, and the method of conducting the proceedings and correspondence thereof.
(3) Such instrument may, from time to time, be varied or rescinded by a further instrument subscribed by all the local authorities concerned, and in the event of the rescission of any instrument under this sub-section, all proceedings thereunder shall be deemed inoperative with effect from a date to the specified in such further instrument.
(4) Any difference of opinion arising in the course of any proceeding under the foregoing provisions of this section, between two or more local authorities shall be decided by reference to the [State Government] under Section 325.
110A. Formation of State [Municipalities] Union and its functions. -
(1) The [Municipalities] in Uttar Pradesh may combine to form an association to be called the State [Municipalities] Union, provided that no such association shall be formed unless more than half the number of [Municipalities] in the State severally pass a resolution signifying their intention to become members.
(2) The functions of the union formed under sub-section (1) of this section shall be to examine problems of common interest to the [Municipalities], advise the [Municipalities] on the improvement of municipal administration and to perform such other function as the [State Government] may, from time to time, prescribe.
(3) The following matters shall be regulated and governed by rules made by the [State Government], viz., -
(a) the constitution and aims and objects of the union;
(b) the amount and the method of contribution of [Municipalities] to the union; (c) the management and control of finances of the union;
(d) [* * *]
(e) generally such other matter as may be necessary for the purpose of this section.
Exercise and delegation of powers by [Municipality]
111. Powers of which the exercise is reserved to a [Municipality] acting by resolution. -
(1) The powers, duties and functions specified in the second column of Schedule 1, with the exception of those against which an entry is shown in the third column of that schedule, may be exercised, and shall be performed or discharged by a [Municipality] or by resolution passed at a meeting of the [Municipality] and not otherwise.
(2) Nothing in sub-section (1) shall be construed to prevent a resolution of a [Municipality] being carried into execution by any agency duly authorized in this behalf by or under the Act or by a servant of the [Municipality] acting within the scope of his employment.
112. Delegation of powers by [Municipality]. -
(1) With the exception of a power, duty or function, -
(a) specified in the second column, and against which no entry is shown in the third column of Schedule I;
(b) reserved or assigned to a [President] by clauses (a), (b) and (c) of Section 50 or by Section 51; and
[(c) where there is an Executive Officer or a Medical Officer of Health, reserved to the Executive Officer by Section 60 or to the Medical Officer of Health by Section 60-A;] a [Municipality] may delegate by resolution all or any of the powers, duties or functions conferred or imposed on, or assigned to, a [Municipality] under this Act.
(2) Except as provided in sub-section (3), a [Municipality] shall not itself exercise, perform of discharge or interfere in the exercise, performance or discharge of any power, duty or function which it has delegated under sub-section (1).
(3) The delegation by the [Municipality] under sub-section (1) of any power, duty or function may be made subject to the condition that all or any orders made in pursuance of such delegation shall be subject to the right of appeal to, or revision by, the [Municipality] within a specified period.
(4) Nothing in the foregoing provisions of this section shall be deemed to prevent a resolution of a committee of a [Municipality] being carried into execution by any agency duly authorized in this behalf by or under this Act, or to preclude any servant of the [Municipality] from acting within the scope of employment.
Validity of acts and proceedings
113. Presumptions and savings. -
(1) No vacancy in a [Municipality] or in a committee of a [Municipality] shall vitiate any act or proceeding of a [Municipality] or of such committee.
(2) No disqualification, or defect in the [election or nomination], of a person acting a [member of a municipality or in the election, nomination or appointment of a person acting as a member] or a committee appointed under this Act or as the President or the Chairman, as the case may be of a meeting of a [Municipality] or of such committee, shall be deemed to vitiate any act or proceeding of the [Municipality] or of the committee, if the majority of the persons present at the time of the act being done, or proceeding being taken, were qualified and duly elected [or nominated] members of the [Municipality] or committee.
(3) Until the contrary is proved, any document or minutes which purport to be the record of the proceedings of a [Municipality] or committee shall, if substantially made and signed in the manner prescribed for the making and signing of the record of such proceedings, be deemed to be a correct record of the proceedings, of a duly convened meeting held by a duly constituted [Municipality] or committee whereof all the members were duly qualified.
