MAHARASHTRA MUNICIPALITIES ACT, 1965

Act No. 40 of 1965

10th September, 1965

Amended by Mah. 52 of 1965. Amended by Mah. 14 of 1966. Amended by Mah. 8 of 1967. Amended by Mah. 10 of 1967.+ Amended by Mah. 27 of 1967. Amended by Mah. 6 of 1968. Amended by Mah. 25 of 1969. Amended by Mah. 43 of 1969. An Act to unify, consolidate and amend the law relating to municipalities in the State of Maharashtra1. WHEREAS, it is expedient to provide for a unified pattern for the constitution, administration and powers of municipalities in the State of Maharashtra and to make better provision therefor; AND WHEREAS, for those purposes the Government of Maharashtra had appointed a Committee to advise it on the matters aforesaid; AND WHEREAS, after considering the Report of the said Committee, it is now expedient to unify, consolidate and amend the law relating to municipalities in the State; It is hereby enacted in the Sixteenth Year of the Republic of India as follows:--

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S.1 Short title, extent and commencement

(1) This Act may be called the Maharashtra Municipalities Act, 1965.

(2) It extends to the whole of the State of Maharashtra.

(3) This section shall come into force at once; and the remaining provisions of this Act shall come into force in such area and on such 1 date as the State Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions thereof and for different areas.

1. (a) 14th day of September 1965, for sections 2, 4, 9 to 39, 74, 296(1), (2), (3), 9, 29(4), 321, 342(1), (2), (3), (4), (5), (14), 345, 351, and Sch. I, vide G. N., U.D. & P. H. D., No. UMA-1365(1)-Uni-II, dated 14th September 1965. (b) 27th day of October 1965, for section 318, vide G.N., U.D. & P. H. D., No. UMA. 1365-(1) Uni-II, dated 27th October 1965. (c) 15th day of June 1966, for the remaining provisions of the Act [other than those which have already come into force and other than sub-sections (5), (6

S.2 Definitions

In this Act unless the context otherwise requires,--

• (1) "appointed day", in relation to an area, means the date on which the relevant provisions of this Act come into force in that area;
• (2) "building" includes a house, out-house, stable, shed, hut and other enclosure or structure whether of masonry, bricks, wood, mud, metal or any other material whatever, whether used as a human dwelling or otherwise, and also includes verandahs, fixed platforms, plinths, door steps, wall (including compound wall) and fencing and the like;
• (3) "by-law" means a by-law made or deemed to be made by the Council under this Act;
• (4) "Cesspool" includes a settlement tank or other tank for the reception or disposal of foul matter from buildings;
• (5) "Chief Officer" means the person appointed or deemed to be appointed under this Act to be the Chief Officer of a municipal area;
• (6) "Council" means a Municipal Council constituted or deemed to be cons
  

S.3 Areas with population of not less than 10,000 to be declared municipal areas

(1) After making such inquiry as it deems fit, the State Government may declare, by notification in the Official Gazette any local area of which the population is not less than 10,000 to be a municipal area.

(2) Every notification issued under sub-section (1) shall define the limits of the municipal area to which it relates and such area shall be called "the...municipal area ".

(3) Before the publication of a notification under sub-section (1), the State Government shall cause to be published in the Official Gazette, and also in at least one newspaper circulating in the area to be specified in the notification, a proclamation announcing the intention of Government to issue such notification, and inviting all persons who entertain any objection to the said proposal to submit the same in writing with the reasons therefor, to the Collector of the District within two months from the date of the publication of the proclamation in the Official Gazette.

Copies of the

S.4 Classification of municipal areas

(1) Every municipal area shall be classified by the State Government as 'A' Class, ' B ' Class or 'C' Class, on the basis of the population thereof as specified below:--

A municipal area--

• (a) with a population of more than 50,000 shall be a 'A' Class municipal area;
• (b) with a population of more than 20,000 but not more than 50,000, shall be a 'B' Class municipal area; and
• (c) with a population of 20,000 or less, shall be a 'C' Class municipal area.

(2) For the purposes of this Act, the municipal areas existing on the appointed day shall be deemed to be as shown in Schedule I;

Provided that, the Council concerned in respect of any 'C' Class municipal area, of which the population is less than 10,000 may, within a period of one year from the appointed day, pass a resolution by simple majority and request the State Government to take steps to declare that such area shall cease to be a municipal area and to constitute any oth

S.5 Effect of reclassification of a municipal area

Whenever the classification of a municipal area is changed under section 4, all the relevant provisions of this Act applicable to the class of the municipal area into which the said area is re-classified, shall, with effect from the date of such re-classification, apply to the said re-classified municipal area:

Provided that, such re-classification shall not affect the constitution of the Council as constituted immediately before such re-classification and every order issued under sub-section (1) of section 10 by reason of such re-classification shall take effect for the purposes of the next general election immediately following after the date of such order.

S.6 Alteration of the limits of a municipal area

(1) The State Government may by notification in the Official Gazette--

• (a) alter the limits of a municipal area so as to include therein or to exclude therefrom such local area as may be specified in the notification;
• (b) amalgamate two or more municipal areas so as to form one municipal area;
• (c) split up any municipal area into two or more municipal areas;
• (d) declare that the whole of any local area comprising a municipal area shall cease to be a municipal area:

Provided that, no such notification shall be issued by the State Government under any of the clauses of this sub-section without consulting the Municipal Council or Councils and other local authorities concerned.

(2) Prior to the publication of a notification under sub-section (1), the procedure prescribed in sub-section (3), (4) and (5) of section 3 shall mutatis mutandis be followed.

S.7 Municipal authorities charged with execution of the Act

The municipal authorities charged with carrying out the provisions of this Act for each municipal area are--

• (a) the Council;
• (b) the President;
• (c) the Standing Committee;
• (d) the Subjects Committees, if any; and
• (e) the Chief Officer.

S.8 Establishment and incorporation of Councils

For every municipal area there shall be a Municipal Council. Every such Council shall be a body corporate by the name of "The........................... Municipal Council" and shall have perpetual succession and a common seal, and shall have power to acquire, hold and dispose of property, and to enter into contracts and may by the said name sue, or be sued, through its Chief Officer.

S.9 Composition of Councils

(1) Save as otherwise provided by this Act, every Council shall consist of Councillors elected at ward elections; and shall also include Councillors co-opted by the elected Councillors in the prescribed manner, from amongst persons who are entitled to vote at the municipal election and who have special knowledge or practical experience in the field of public health, Local Self-Government or education:

Provided that--

• (i) in every Council for a 'C' Class municipal area, two seats shall be reserved for women, and in every other Council such number of seats shall be reserved for women as may be fixed under sub-section (2);
• (ii) in every Council seats may also be reserved for the Scheduled Castes and the Scheduled Tribes as provided in sub-section (2);
• (ii) the total number of co-opted Councillors shall not exceed ten per cent. of the number of elected Councillors fixed under sub-section (2), and in determining such number a fraction shall be ignor
  

S.10 Division of municipal area into wards and reservation of wards for Women, Scheduled Castes and Scheduled Tribes

(1) The Director shall from time to time by an order published in the Official Gazette fix for each municipal area the number and the extent of the wards into which such area shall be divided. The Director shall specify in the order the wards in which seats are reserved for women, but in so doing he shall ensure that such seats are reserved from time to time by rotation in different wards of the municipal area. He shall by a like order specify the wards in which seats are reserved for Scheduled Castes or Scheduled Tribes, having regard to the concentration of population of those Castes or, as the ease may be, of those Tribes, in any particular wards.

(2) Each of the wards shall elect only one Councillor.

(3) Every order issued under sub-section (1) shall take effect for the purpose of the next general election immediately following the date of such order.

(4) Nothing in this section shall be deemed to prevent women or persons belonging to the Scheduled Castes o

S.11 List of voters

(1) The electoral roll of the Maharashtra Legislative Assembly prepared under the provisions of the Representation of the People Act, 1950 (XLIII of 1950), and for the time being in force on such date as the Director may by general or special order notify in this behalf (being a date not earlier than one month from such notification) for such constituency of the Assembly or any part thereof as is included in the municipal area, shall be divided by the Chief Officer (or such other officer of the Council or Government as may be designated by the Director in this behalf) into different sections corresponding to the different wards in the municipal area; and a printed copy of each section of the roll so divided and authenticated by such officer shall be the list of voters for each ward. The ward lists shall collectively be deemed to be the municipal voters' list.

(2) The Chief Officer shall maintain the lists of voters prepared under subsection (1) and the lists so maintained, s

S.12 Right to vote

(1) Every person whose name is in the list of voters maintained under the last preceding section shall be qualified to vote, and every person whose name is not in such list shall not be qualified to vote, at the election of a Councillor for the ward to which such list pertains.

(2) The list of voters maintained under the last preceding section shall be conclusive evidence for the purpose of determining under this section whether a person is qualified or is not qualified to vote, as the case may be, at any election.

S.13 Manner of voting

(1) The voting at an election shall be by ballot, and no votes shall be received by proxy.

(2) A voter shall be entitled to one vote, which he may give to any one candidate.

S.14 Other restrictions on voting

(1) No person shall be entitled to vote at a general election in more than one ward, notwithstanding that his name may appear in the list of voters for more than one ward, and if a person votes in more than one ward his votes in all wards shall be void.

(2) No person shall be entitled to vote at any election in the same ward more than once, notwithstanding that his name may appear in the list of voters for that ward more than once, and if he does so vote all his votes in that ward shall be void.

S.15 Qualifications for candidates

(1) Every person, whose name is included in the list of voters maintained under section 11 and who is not disqualified for being elected a Councillor under this Act or any other law for the time being in force, shall be qualified, and every person whose name is not included in the list or who is so disqualified for being a Councillor, shall not be qualified, to be elected as a Councillor at any election.

(2) Subject to the provisions of sub-section (1), the list of voters maintained under section 11 shall be conclusive evidence for the purpose of determining under this section whether a person is qualified or is not qualified to be elected, as the case may be, at any election.

S.16 Disqualifications for becoming a Councillor

(1) No person shall be qualified to become a Councillor whether by election, co-option or nomination, who--

• (a) has been convicted by a Court in India of any offence and sentenced to imprisonment for not less than two years, unless a period of five years, or such lesser period as the State Government may allow in any particular case, has elapsed since his release; or
• (b) has been removed from office under section 42 and five years have not elapsed from the date of such removal, unless he has, by an order made by the State Government in this behalf, been relieved earlier from the disqualification arising on account of such removal from office; or
• (c) is an undischarged insolvent; or
• (d) is of unsound mind and stands so declared by a competent Court; or
• (e) has voluntarily acquired the citizenship of a foreign State or is under any acknowledgment of allegiance or adherence to a foreign State; or
• (f) is a Judge; or
• (g)
  

S.17 Power to make roles regulating elections

(1) The State Government may make rules generally to provide for or to regulate, matters in respect of elections to be held under this Act.

(2) Without prejudice to the generality of the foregoing powers, the State Government may make rules with regard to all or any of the following matters, namely:--

• (a) the maintenance of list of voters;
• (b) the fixation of dates, time and places for various stages of elections;
• (c) the appointment and duties of returning, officers, presiding officers, and other staff appointed for elections;
• (d) the nomination of candidates, form of nomination paper, objections to nominations, scrutiny of nominations and appeals against acceptance or rejection of nomination papers;
• (e) the deposits to be made by candidates and circumstances under which such deposits may be refunded to candidates or forfeited to the Council;
• (f) the assignment of symbols to candidates;
• (g) the withdrawal of
  

S.18 Failure to elect

(1) If at a general election or a bye-election, no Councillor is elected from any ward, a fresh election shall be held to elect a Councillor from that ward; and if there is a failure to elect a Councillor at the fresh election, such vacancy may, notwithstanding anything contained in this Act, be filled by nomination of a duly qualified person by the State Government.

(2) Any person nominated by the State Government under sub-section (1) shall be deemed to be elected at an election under this Act.

S.19 Declaration of results of election

(1) As soon as possible after the counting of votes in a ward if it is a by-election and in all the wards if it is a general election in a municipal area is over, the Collector shall publish the result in the Official Gazette, as soon as conveniently may be.

1 [If at a general election, the poll could not be taken in any ward or wards for any reason on the date originally fixed for the purpose but it was taken on that date in more than two-thirds of all the wards, the Collector shall, as soon as possible after the counting of votes in the said wards is over, publish the available results in the Official Gazette, and as regards the remaining ward or wards, the Collector shall subsequently publish the results in the Official Gazette as and when the poll is taken and counting of votes therein is over. In determining two-thirds of the number of the wards, a fraction shall be ignored. After every general election, upon the publication of the results, or, as the case ma

S.20 Publication of names of co-opted and nominated Councillors in the Official Gazette

(1) The names of co-opted Councillors shall also be published by the Collector in the Official Gazette soon after their names are communicated to him by the President.

(2) The names of nominated Councillors (if any) shall be published in the Official Gazette by the State Government.

S.21 Disputes in respect of election, co-option or nomination of Councillors

(1) No election, co-option or nomination of a Councillor may be called in question, except by a petition presented to the District Court by a candidate at the election or by any person entitled to vote at the election, within ten days after the publication of the names of the Councillor's in the Official Gazette, 1 [under section 19 or 20, as the case may be.]

(2) Any such petition--

• (a) shall contain a concise statement of the material facts on which the petitioner relies,
• (b) shall, with sufficient particulars, set forth the ground or grounds on which the election, co-option or nomination is called in question, and
• (c) 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) A petitioner may claim all or any one of the following declarations:--

• (a) that the election of all or any of the returned candidat
  

S.22 Corrupt practices

The following shall be deemed to be corrupt practices for the purposes of this Act:--

(1) Bribery, that is to say,--

• (A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent, of any gratification, to any person whomsoever, with the object, directly or indirectly, of including--
  • (a) a person to stand or not to stand as, or to withdraw from being, a candidate at an election; or
  • (b) a voter to vote or refrain from voting at an election;
  or as a reward to--
  • (i) a person for having so stood or not stood, or for having withdrawn his candidature; or
  • (ii) a voter for having voted or refrained from voting;
• (B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward--
  • (a) by a person for standing or not standing as, or for withdrawing f
    

S.23 Prohibition of public meetings on the election day

(1) No person shall convene, hold or attend any public meeting, within a ward of a municipal area on the date or dates on which poll is taken for an election from that ward.

(2) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

S.24 Disturbances at election meeting

(1) This section applies to any public meeting in connection with an election held in a municipal area after the programme for the election from any ward of the municipal area is announced.

(2) Any person who at a public meeting to which this section applies, acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

(3) If any police officer reasonably suspects any person of committing an offence under sub-section (2), he may, if requested so to do by the Chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

S.25 Prohibition of canvassing in or near polling stations

(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely:--

• (a) canvassing for votes; or
• (b) soliciting the vote of any voter; or
• (c) persuading any voter not to vote for any particular candidate; or
• (d) persuading any voter not to vote at the election, or
• (e) exhibiting any notice or sign (other than an official notice) relating to the election.

(2) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

S.26 Penalty for disorderly conduct in or near polling stations

(1) No person shall, on the date or dates on which a poll is taken at any polling station,--

• (a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighborhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or
• (b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighborhood thereof;

so as to cause annoyance to any person visiting the polling station for the poll or so as to interfere with the work of the officers and other persons on duty at the polling station.

(2) Any person who contravenes, or wilfully aids or abets the contravention of, any provision of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or wit

S.27 Penalty for misconduct at polling stations

(1) Any person who during the hours fixed for poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer, may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.

(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.

(4) An offence under sub-section (3) shall be cognizable.

S.28 Penalty for Illegal hiring or procuring of conveyances at election

If any person is guilty of any such corrupt practice as is specified in clause (5) of section 22 at or in connection with an election, he shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

S.29 Maintenance of secrecy of voting

(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.

(2) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine, or with both.

S.30 Officers, etc. at election not to act for candidates or to influence voting

(1) No person who is a returning officer or a presiding or polling officer at an election or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election, shall, in the conduct or the management of the election, do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.

(2) No such person as aforesaid, and no member of a police force, shall endeavour--

• (a) to persuade any person to give his vote at an election; or
• (b) to dissuade any person from giving his vote at an election; or
• (c) to influence the voting of any person at an election in any manner.

(3) Any person who contravenes any provision of sub-section (1) or sub-section (2), shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine, or with both.

S.31 Breaches of official duty in connection with election

(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with fine which may extend to five hundred rupees.

(2) No suit or other legal proceedings shall lie against any such person for damaged in respect of any such act or omission as aforesaid.

(3) The persons to whom this section applies are the returning officers, presiding officers, polling officers and any other persons appointed to perform any duty in connection with the preparation of a municipal voters' list, the receipt of nominations or withdrawals of candidatures or the recording or counting of votes at any election, and the expression "official duty" shall, for the purposes of this section, be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.

S.32 Removal of ballot papers from polling station to be an offence

(1) Any person who, at any election, fraudulently takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1) such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:

Provided that, when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding offic

S.33 Other electoral offences and penalties therefor

(1) A person shall be guilty of an electoral offence if at any election, he--

• (a) fraudulently defaces or fraudulently destroys any nomination paper; or
• (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a returning officer; or
• (c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper; or
• (d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or
• (e) fraudulently puts into any ballot box anything, other than the ballot paper which he is authorised by law to put in; or
• (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or
• (g) fraudulently, or without due authority, as the case may be, attempts to do any o
  

S.34 Prosecution regarding certain offences

No Court shall take cognizance of any offence punishable under section 30, or under section 31, or under clause (a) of sub-section (2) of section 33, unless there is a complaint made by an order of, or under authority from, the Collector.

S.35 Requisitioning of premises, vehicles, etc, for election

(1) If it appears to the Collector or an officer authorised by the Collector (hereinafter referred to as "the requisitioning authority") that in connection with an election--

• (a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken; or
• (b) any vehicle, vessel or animal is needed or likely to be needed for the purpose of transport of ballot boxes to, or from, any polling station or transport of members of the police force for maintaining order during the conduct of such election, or transport of any Officer or other person for the performance of any duties in connection with such election,

the requisitioning authority may by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioni

S.36 Payment of compensation

(1) Whenever in pursuance of the last preceding section, the requisitioning authority requisitions any premises, or any vehicle, vessel or animal, the Council shall pay to the person interested compensation, the amount of which shall be determined by the requisitioning authority taking into consideration the following namely:--

• (a) in the case of premises--
  • (i) the rent payable in respect of the premises or if no rent is payable, the rent payable for similar premises in the locality;
  • (ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change;
• (b) in the casa of any vehicle, vessel or animal, the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal.

(2) Any person interested or any person, who claims to be entitled to receive compensa

S.37 Power to obtain information

(1) The requisitioning authority may, with a view to requisitioning any property under section 35 or determining the compensation payable under section 36 by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.

(2) If any parson to whom such order is addressed refuses to furnish such information or wilfully furnishes false information, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine, or with both.

S.38 Eviction from requisitioned premises

(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 35 may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf.

(2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove, or open any lock or bolt or break open any door or any building or do any other act necessary for effecting such eviction.

S.39 Release of premises from requisition

(1) When any premises requisitioned under section 35 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned or if there were no such person, to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.

(2) Where the person to whom possession of any premises requisitioned under section 35 is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the requisitioning authority shall cause a noti

S.40 Term of office of Councillors

(1) Save as otherwise provided by this Act, Councillors, elected at a general election, shall hold office for a term of five years, which may be extended by the State Government in exceptional circumstances by notification in the Official Gazette, to a term not exceeding in the aggregate six years for reasons which shall be stated in such notification.

(2) The term of office of such Councillors shall be deemed to commence on the date of the meeting after the general election held to elect the President and the Vice-President under section 51.

(3) Notwithstanding anything contained in sub-sections (1) and (2), the term of office of the outgoing Councillors shall be deemed to extend to and expire with the day immediately preceding the date of such meeting.

(4) A Councillor elected at a by-election shall hold office so long only as the Councillor in whose place he is elected would have held it if the vacancy had not occurred.

(5) The term of office of a co-

S.41 Resignation of Councillors

(1) A Councillor my resign his office by tendering his resignation in writing to the President.

(2) Such resignation shall be effective on its receipt by the President.

S.42 Liability of Councillors to removal from office

(1) The State Government may on its own motion or on the recommendation of the Council remove any Councillor from office if such Councillor has been guilty of any misconduct in the discharge of his duties, or of any disgraceful conduct.

(2) The State Government may likewise remove any Councillor from office if such Council or has in the opinion of the State Government become incapable of performing his duties as a Councillor:

Provided that, no Councillor shall be removable under this sub-section for becoming incapable of performing his duties as the President or the Vice-President, as the case may be.

(3) No resolution recommending the removal of any Councillor for the purposes of sub-section (1) or (2) shall be passed by a Council and no order of removal shall be made by the State Government, unless the Councillor to whom it relates has been given a reasonable opportunity of showing cause why such recommendation or order, as the case may be, should not be made

S.43 Resignation not to, affect subsequent disqualification of a Councillor

Notwithstanding that a Councillor has resigned his office under section 41, if he is subsequently found guilty under sub-section (1) of section 42, the State Government may disqualify him from becoming a Councillor, or a Councillor or member of any other local authority for a period of five years from the date of its order:

Provided that, no such action shall be taken against any person after the expiry of one year from the date of his resignation and without giving him a reasonable opportunity of being heard.

S.44 Disqualification of Councillor during his term of office

(1) A Councillor shall be disqualified to hold office as such, if at any time during his term of office, he--

• (a) is or becomes subject to any of the disqualifications specified in section 16 except the disqualification specified in clause (h) of sub-section (1) of that section; or
• (b) as a Councillor or as a member of any committee of the Council votes in favour of any matter in which he has directly or indirectly by himself or his partner any such share or interest as is described in clauses (a), (b), (c), (e) and (g) of sub-section (3) of section 16, whatever may be the value of such share or interest or in which he is professionally interested on behalf of a client, principal or other person; or
• (c) is professionally interested or engaged in any case for or against the Council; or
• (d) absents himself during six successive months from the meetings of the Council, except with the leave of absence granted by the Council by a resolution on hi
  

S.45 Special provisions regarding disqualification for failure to pay taxes due to the Council

(1) The Chief Officer shall prepare and forward to the Collector by the fifteenth day of April, July, October and January every year a list of all the Councillors (including the President and the Vice-President) who, on the 1st day of April, July, October and January, respectively, immediately preceding, have failed to pay any tax or taxes due by them to the Council within two months from the date on which such tax became payable, and the amount due from each by way of each such tax. A copy of the list shall be placed before the Council at its next meeting.

(2) The Chief Officer shall also issue to every Councillor included in such list, simultaneously a special notice in the prescribed form requiring him to pay the amount of tax due from him within one month from the date of the issue of such notice.

(3) The Chief Officer shall forward to the Collector by the last day of Hay, August, November and February, immediately following, a statement showing--

• (i)
  

S.46 Section 45 not to affect Council's other powers for recovery of taxes

Nothing in the last preceding section shall be deemed to affect the powers of the Council to recover the amount of tax due from any Councillor in any other manner provided by or under this Act.

S.47 Councillor to offices to all office if he ceases to be Councillor

A person who ceases to be a Councillor for any reason whatsoever shall ipso facto vacate all the offices held by him by virtue of his being a Councillor.

S.48 Casual vacancies how to be filled up

(1) When a vacancy occurs through the non-acceptance of office by any elected, co-opted or nominated Councillor or such person being disqualified for becoming or continuing to be a Councillor, or any election being set aside under the provisions of section 21 or the death, resignation, removal or disability of a Councillor previous to the expiry of his term of office, the vacancy shall be filled by a by election or co-option or nomination according as the Councillor was elected or co-opted or nominated;

Provided that, no by election shall be held or co-option or nominate made to fill up a vacancy occurring within four months prior to the date on which the term of office of the Councillors of the Council expires.

(2) The Chief Officer shall report to the Collector every vacancy in the office of a Councillor within fifteen days of the occurrence of the vacancy or within fifteen days of his becoming aware of the vacancy, whichever is later.

S.49 Duties and functions of the Council

(1) Except as otherwise provided in this Act, the municipal Government of a municipal area shall vest in the Council.

(2) In addition to the duties imposed upon it by or under this Act or any other law for the time being in force, it shall be the duty of every Council to undertake and to make reasonable provision for the following matters within the limits of the municipal area, and when effective measures cannot otherwise be made then even outside the said limits, namely:--

• (a) lighting public streets, places and buildings;
• (b) watering public streets and places;
• (c) cleansing public streets, places and sewers, and all spaces, not being private property, which are open to the enjoyment of the public, whether such spaces are vested in the Council or not; removing noxious vegetation; and abating all public nuisances;
• (d) extinguishing fires, and protecting life and property when fires occur;
• (e) regulating or abating offensive