CITY OF NAGPUR CORPORATION ACT, 1948 Preamble - THE CITY OF NAGPUR CORPORATION ACT, 1948 THE CITY OF NAGPUR CORPORATION ACT, 1948 [Act No. 2 of 1950[1] ] [22nd January, 1950] An Act to consolidate and amend the law relating to the municipal affairs of the City of Nagpur. Whereas it is expedient to make special legislative provision to consolidate and amend the law relating to the municipal affairs of the City of Nagpur; It is hereby enacted as follows :- Provided that the Nagpur Improvement Trust constituted under the Nagpur Improvement Trust Act, 1936, shall in the City of Nagpur continue to exercise powers and perform duties conferred and imposed under the Nagpur Improvement Trust Act, 1936, and any other law for the time being in force, as if the Municipality of Nagpur had not been withdrawn from the Central Provinces and Berar Municipalities Act. 1922. NOTES This section do not preserve a "fee" imposed under section 135 of the C. P. and Berar Municipalities Act by a resolution of the Municipal Committee of Nagpur inasmuch as section 2(2) of the Corporation Act has no application to the case and section 3(2) preserves only a "Tax" and not a fee.- Ramsevak Raghunath v. City of Nagpur Corporation, I. L. R. 1957 Bom. 593 : (1951) 1 Lab. L. J. 409. Notification issued under the Bombay Commissioners of Divisions Act, 1957 in relation to Sec. 2-A regarding to the Appeal being heard by the Commissioner. The High Court held that the amendments should be made in the Principal Act itself. Exercise of power by the Executive through the notifications, issued under the provisions of another statute and through such notifications bringing about the changes in other enactments to the extent of directly affecting quasi judicial powers cannot be sustained the change made by notification is sub-section (2) of section 2-A with regard to the Appeal being heard by the Commissioner struck down.?Somdebharti Guru Damu Bharti v. State of Maharashtra, & Ors..? 2000 (3) All M. R. 453 (F.B.) : 2000 AIR (Bom.)?352 (F.B.) : 2001 (1) Mh. L. J. 914 (F.B.) : 2000 (Sup.) Bom. C. R. 371 (F.B.). NOTES Ramsevak Raghunath v. City of Nagpur Corporation, I. L. R. 1957 Bom. 593 (1957) 1 Lab. L. J. 490. See notes under 5.2. The expression "absent himself is used in the section with reference to willful absence inspite of opportunity to attend the meeting. The detenu held (the Councillor) under M.I.S.A., was prevented from attending the meetings for the reason beyond his control. Basker Atmaram Joshi v. State, 1976 Mah. L. J. 229 : AIR?? 1976 Bom. 206. In view of the independent power for fixation of rates without any maximum under section 114(1), 114(3) and 115 of new Act maximum rates under the old Act. the Division bench held that would go out of coverage of section 3(2) of the Act. The Government has the power to prescribe the maximum rates, but it is not obligatory for it to exercise that power. Legislature having not chosen to prescribe the maximum rates Court cannot rewrite sections 114(1), 115 of the Act and make them subject to section 114(3). City of Nagpur Corporation v. Khemchand Khushaldas & Sons & Ors., 1997 (2) Bom. C.R. 642;?Parekh Bros. v. Corporation of the City of Nagpur, 1975 Mh. L.J. 876;?Municipal Corporation v. Soorji Bhanji Keniya, 1973 (3) SCC 519?referred to. [4] [ Deleted]. In this Act, unless there is anything repugnant in the subject or context,- [5] [(1) "Administrator" means an Administrator appointed by the State Government under? [6] [section 409] of this Act, to exercise the powers and to perform the duties of the Corporation and its authorities;] [7] [(1A)"Assembly constituency" means a constituency provided by law for the purpose of elections to the Maharashtra Legislative Assembly, or any part thereof, which is for the time being comprised in the City; (1B)"Assembly roll" means the electoral roll prepared for any Assembly constituency in accordance with the provisions of the Representation of the Peoples Act,? 1950;] (2) "assessment list" means any municipal assessment register prescribed by section 132 and includes any register subsidiary thereto; (3) "authorised" means authorised by the Corporation ei?ther generally or specially; [8] [(3A) "Backward Class of citizens" means such classes or parts of or groups within such classes as are declared, from time to time, by the State Government to be Other Backward Classes and Vimukta Jatis and Nomadic Tribes;] (4) "bakery" means any place in which bread or confectionery including biscuits is baked, cooked or prepared in any manner whatsoever?for purposes of profit or sale; (5) "brothel" means any house, room or place, or any part thereof, occupied or let or intended to be occupied or let as a single tenement which is habitually used by one or more than one woman for the purpose of prostitution; (6) "budget grant" means a sum entered on the expenditure side of a budget estimate which has been finally adopted by the Corporation, and includes any sum by which such budget grant may at any time be increased under section 87, 88 or 89; (7) "building" includes a house, outhouse, stable, hut, shed or other enclosure, whether used as a human dwelling or otherwise and shall include verandahs, fixed platforms, plinths, doorsteps, walls and the like; (8) "building line" means a line beyond which the outer face or any part of an external wall of a building should not project in the direction of any street existing or proposed; (9) the?[9] [Commissioner] means the? [10] [Municipal Commissioner for the City] appointed under section 45 and includes an acting? [11] [Commissioner] appointed under sub-section (3) of section 48 and any municipal officer empowered under this Act to exercise, perform or discharge any of the powers. duties or functions of the? [12] [Commissioner] to the extent to which such officer is so empowered; [13] [(10) "City of Nagpur" or "the City" means the larger urban area specified in the notification issued in this respect under clause (2) of article 243-Q, of the Constitution of India, known by the name of the City of Nagpur;] NOTES Area in question i.e. Jaripatka was included in Nagpur Municipal Corporation in 1951. Any municipal laws regarding construction and sanction at the relevant time were not applicable to the area of Jaripatka. which was not within the municipal limits. The Court held that construction made in 1949 could not be considered to be illegal construction and land under such construction could be not declared as vacant land for the purpose of Urban Ceiling Act. The said construction cannot be said to be illegal and once High Court reach to this conclusion, then the land under such construction by no stretch of imagination could be declared as vacant land for the purpose of Urban Ceiling Act. Government of Maharashtra v. Ashok Khot & Ors., 2003 (1) Mh. L.J. 235 : 2003 (1) Bom. C. R. 67. (11) "closet accommodation" means a receptacle for human excreta, together with the structure comprising such receptacle and the fittings and apparatus connected here with; [14] [(12) "the Corporation" means the Municipal Corporation of the City of Nagpur constituted or deemed to be constituted under this Act;] [15] [(13) "Councillor" means any person who is duly elected as a member of the Corporation under this Act; and includes, a nominated Councillor who shall not have the right,- (14)??"dangerous diseases" means cholera, plague, small pox, tuberculosis, cerebrospinal meningitis and diphtheria, leprosy other than leucoderma, and any other disease which the Corporation may. by public notice, declare to be a danger?ous disease for the purposes of this Act; (15)??"District Court" means the District Court, constituted for the Nagpur Civil District; (16)??"drain" includes a sewer, tunnel, pipe, ditch, gutter or channel, and any cistern, flush, tank, septic tank, or other device for carrying off or treating sewage, offensive matter, polluted water, sullage, waste water, rain water or sub-soil water and any culvert, ventilation, shaft or pipe or other appliance or fitting connected therewith, and any ejectors. compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place; (17)??"drug" means any substance used as medicine or in the composition or preparation of medicines, whether for internal or external use; (18)??"eating-house." means any premises to which the public are admitted and where any kind of food is prepared or supplied for consumption on the premises for the profit or gain of any person owning or having an interest in or managing such premises; (19)???the expression "erect or re-erect any building" includes - (20) ?the expression "essential officer or servant" means every person employed in the municipal fire brigade or in connection with the municipal air compressor or pumping stations or employed in connection with the drainage, conservancy or water supply of the City and any such other municipal officer or servant as may be prescribed in this behalf; (21)? ?"factory" has the meaning assigned to it under the?[17] [Factories Act, 1934]; [18] [(21-A) "Finance Commission" means the Finance Com?mission constituted in accordance with the provisions of article 243-I of the Constitution of India;] (22)?"food" includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation? of human food; and also includes confectionery, flavouring and colouring matters and spices and condiments; [19] [(22-A) "Scheduled Castes" means such castes, races or tribes or parts of or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the? [20] [State of Maharashtra under article 34 of the Constitution of India]; (23) ?"keeper" means the person in charge of a lodging house, and may include the owner for the purposes of any rules or by-laws made under this Act; (24)??"land" includes land which is being built upon or is built upon or covered with water; (25)? "licensed plumber", "licensed surveyor" and "licensed architect" means, respectively, a person licensed by the Corporation as a plumber or surveyor or architect under this Act; (26)??"lodging-house" means a building or part of a building,- (27)? "market" includes any place within the City where persons assemble for the sale of meat, fish, fruit, vegetables, live-stock or any other article of food; [21] [27-A) "Mayor" means the Mayor of the Corporation elected by the elected Councillors from amongst themselves; (27AA) [22] [*?? *?? * (27AAA)? [23] [*??? *??? *] (28) ?"municipal drain" means a drain vested in the Corporation; (29)? "municipal market" means a market vested in or managed by the Corporation; (30)?"municipal slaughter-house" means a slaughter house vested in or managed by the Corporation; (31)?"municipal tax" means any impost levied by the Corporation under the provisions of this Act; (32) ?"municipal water-works" means a water work vested in or managed by the Corporation; (33) ?"nazul lands" means nazul lands within the City for the management and disposal of which special rules have been made by the State Government; (34) ?"nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is or may be dangerous to life or injurious to health or property; (35)??"occupier" includes any person for the time being paying, or liable to pay, to the owner the rent or any portion of the rent of the land or building in respect of which the word is used or damages on account of the occupation of such land or building, and also an owner living in, or otherwise using, his own land or building and a rent-free tenant; (36)?"offensive matter" includes animal carcasses, dung, dirt, putrid or putrefying substances, and filth of any kind which is not included in "sewage" as defined in this section; [24] [(36A) "official year" means the year commencing on the first day of April;] (37) "owner" when used with reference to any land or building includes the person for the time being receiving the rent of the land or building or of any part of the land or building whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose, or as a receiver who would receive such rent if the land, building or part thereof were let to a tenant; [25] [(37A) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;] (38)?? "prescribed" means prescribed by rules or by-laws made under this Act; (39) ?"public analyst" means any person to be appointed by the Corporation to perform the duties and to exercise the powers of a public analyst prescribed under this Act; (40) ?"publicplace" includes any public park or garden, or any ground to which the public have or are permitted to have access; (41)? the expression "public securities" means Government securities and any securities guaranteed by Government, securities issued by the Corporation and any other securities which the State Government may declare to be public securities for the purposes of this Act; (42)? "public street" means any street - or and includes- (43)?"registered trade union" means a trade union registered under the Indian Trade Unions Act, 1926; (44) (a) a person shall be deemed to "reside" in any dwelling house or hut which, or some portion of which, he sometimes, although not uninterruptedly, uses as a sleeping apartment; and (b) a person shall not be deemed to cease to "reside" in any such dwelling-house or hut merely because he is absent from it or has elsewhere another dwelling house or hut in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it; (45) ?"rubbish" includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse or refuse of any kind which is not "offensive matter" or "sewage" as defined in this section; (46)??"sewage" means night-soil and other contents of water-closets, latrines, privies, urinals, cesspools, or drains and polluted water from sinks, bathrooms, stables, cattlesheds and other like places, and includes trade effluents and discharges from manufactories of all kinds; (47) ?"sewage connection" includes any drain connecting any water-closet, latrine, privy, urinal, bathroom, sink, sullage tray, manhole or trap with any drain set apart by the Corporation for sewage and other offensive matter; [26] [(47A) "State Election Commission" means the State Election Commission consisting of the State Election Commissioner appointed in accordance with the provisions of clause (1) of article 243-K of the Constitution of India;] (48) ?"street" means any road, lane, gully, alley, passage, pathway, square or court whether a thoroughfare or not, which is accessible to the public whether permanently or temporarily; and includes every vacant space, notwithstanding that it may be private property and obstructed wholly or partly by any gate, post, chain or other barrier, if houses, shops, or other buildings about thereon and if it is used by any persons, whether occupiers of such buildings or not, as a means of access to or from any public place or thoroughfare but shall not include any part of such vacant space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid; (49) ?"street line" means a line dividing the land comprised in and forming part of a street from the adjoining land; (50)? "traffic sign" includes all signals, warning sign posts, direction posts, signs or other devices, erected by any person or authority authorised by law to do so, for the information, guidance or direction of persons using roads or of wheeled and other traffic; (51) ?"vehicle" means a wheeled conveyance capable of being used on a street; [27] [(51 A) "Wards Committees" means the Wards Committees constituted under section 38A;] (52) ??"water closet" means closet accommodation used or adapted or intended to be used in connection with municipal water works and comprising provisions for the flushing of the receptacle by means of a water-supply and having connection with a sewer; (53)?? "water connection" includes - (54)? "water for domestic purposes" shall not include water for cattle, or for horses or for washing vehicles where the cattle, horses or vehicles are kept for sale or hire, or by a common carrier, and shall not include water for any trade, manufacture or business, or for building purposes, or for watering gardens, or for fountains or for any ornamental purposes; (55) ?"water-work" includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, whether covered or open, sluice main-pipe, culvert, engine and anything for supplying or used for supplying water; (56)? "workshop" means any building, place or premises, or any part thereof, not being a factory, to or over which the employer of the persons working therein has the right of access or control, and in which, or within the compound or precincts of which, any manual labour is employed or utilised in aid of or incidental to any process for the following purposes:- NOTES The exercise of power, mentioned therein is subject to two limitations; viz. (1) the measures taken by Corporation must be for the purpose of carrying out the duties imposed upon it by the Act and (ii) the measures adopted for such purpose must be such as it could lawfully adopt, in other words, it must justify the action taken, if challenged. In the absence of any limitations, the entire executive powers conferred on the Corporation may be exercised by its Chief Executive Officer.- Pyarchand Kesarimal v. City of Nagpur Corporation,?? I. L. R. 1961 Bom. 138. While determining who can grant sanction for prosecution under the Act, it was held that sanction granted by Additional Deputy Municipal Commissioner is invalid.- 1980 Cri. L. J. 597 (Bom.). [28] [The Municipal authorities charged with carrying out the provisions of the Act shall be,- The Corporation shall by the name of the Corporation of the City of Nagpur be a body corporate, and have perpetual succession and a common seal, and shall by that name sue and be used. The Corporation shall have power to acquire and hold property, both movable and immovable, within or without the limits of the City, and subject to the provisions of this Act and the rules made there under, to transfer any property held by itself and to contract and to do all other things necessary for the purposes of this Act. [29] [ [30] [(1) The Corporation shall consist of,- [32] [(2) The State Election Commission shall, from time to time by notification in the Official Gazette, specify for the City the number and boundaries of the wards into which the City shall be divided for the purpose of the ward election of Councillors,? [33] [so that, as far as practicable, all words shall be compact areas and the number of persons in each ward according to the latest census figures shall approximately be the same, each of the wards shall elect only one Councillor;] Provided that, before any notification is issued under this sub-section, a draft thereof shall be published in the Official Gazette and in such manner, as in the opinion of State Election Commission is best calculated to bring the information to the notice of all persons likely to be affected thereby, together with a notice specifying the date on or before which any objections or suggestions will be received and date after which the draft will be taken into consideration. Explanation.- For the purpose of this Act, the expression "latest census figures", obtaining in sub-section (2), shall mean,- [34] [*???? *??????? *] [35] [(1) In the seats to be filled in by election in the Corporation there shall be seats reserved for persons belonging to the Scheduled Castes, the Scheduled Tribes, Backward Class of citizens and women, as may be determined by the State Election Commissioner, in the prescribed manner. (2) The seats to be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in the corporation shall bear, as nearly as may be, the same proportion to the total number of seats to be filed in by direct election in the Corporation as the population of the Scheduled Castes, or, as the case may be, the Scheduled Tribes, in the Corporation area bears to the total population of that area and such?shall be allotted by rotation to different wards in the Corpo?ration : Provided that, one-thirds of the total number of seats so reserved shall be reserved for women belonging to the scheduled Castes or, as the case may be, the Scheduled Tribes : Provided further that, where only one seat is reserved for the Scheduled Castes, or as the case may be, the Scheduled Tribes, then no seat shall be reserved for women belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes and where only two seats are reserved for the scheduled Castes, or as the case may be, the Scheduled Tribes, one of the two seats shall be reserved for women belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes. (3)? The seats to be reserved for persons belonging to the category of Backward Class of citizens shall be twenty-seven per cent. of the total number of seats to be filled in by election in the Corporation and such seats shall be allotted by rotation to different wards in the Corporation : Provided that, one-thirds of the total number of seats so reserved shall be reserved for women belonging to the category of Backward Class of citizens. (4) ? One-thirds (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the category of Backward Class of citizens) of the total number of seats to be filled in by direct election in the Corporation shall be reserved for women and such seats shall be allotted by rotation to different wards in the Corporation. (5)? The reservation of seats (other than the reservation for women) under sub-section (2) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India. [36] [The State Election Commissioner may, with a view to prevent impersonation of electors at the time of election, issue such directions, as he thinks fit, to the presiding officers and such directions may include instructing the electors to produce, at the time of pollings, the photo identity cards issued to them under the provisions of the Representation of the Peoples Act, 1951.] NOTES A Mill nominated its employee under section 9(1) (d)(VI) and such person was notified as a Councillor. Subsequently, he was dismissed from the service of the Mill. It was held that the Mill cannot recall such Councillor and reappoint a new person under the same section. It was held that the employee, who was nominated by the Mill, had not become incapable of acting as a Councillor by reason of losing the confidence of the Mill. Cessation from the service of the Mills was not a ground for disqualification under section 15 of the Act.- Jahangir Bhikaji v. Corporation. I. L. R. 1961 Bom. 273. When the question arose regarding voters gone inside the booth to cast their vote before closing time, but who had not obtained the ballot papers, whether they are entitled to vole held they are entitled to vote and if such voters were prevented from voting, the election must be declared void.-Shankar v. II A.D.J. Nagpur, I. L. R. 1959 Bom. 655. "The Municipal election rolls "does not mean the rolls of all the constituencies taken together, particularly, as the Act and Rules show that (here is no single election roll styled as "the Municipal Election Roll" for the purpose of the election to the Corporation. [37] [*???? *???? *] [38] [*???? *???? *] [39] [(1) The Assembly roll for the time being in force, on such date as the State Election Commissioner may, by general or special order notify, shall be divided by the State Election Commissioner into different sections corresponding to the different wards in the City; and a printed copy of each section of the roll so divided and authenticated by the State Election Commissioner or authorised officer, as the case may be, shall be the draft ward roll for each ward. The draft ward roll shall be published in such manner as may, in the opinion of the Commissioner or an officer authorised by him, shall be the ward roll for each ward.] [40] [(12A)?*?? *?? *] [41] [(12AA) *?? *?? *] [42] [Every person whose name is included in any ward roll shall be deemed to be enrolled in the municipal electoral roll.] [43] [ Person qualified to vote.?Every person whose name is in? [44] [* * *] a final and roll shall be deemed to be entitled to vote at the ward election and every person whose name is not in the said roll shall be deemed to be not entitled to vote.] [45] [ The voting at an election shall be by ballot or by electronic voting machine and no votes shall be received by proxy]. [46] [(1) Subject to the provisions of this Act? [47] [a person who? [48] [is not less than twenty-one years of age on the last date fixed for making the nomination for any general election or by-election and] is enrolled in the municipal electoral roll as a voter for a ward] shall be qualified to be a Councillor, and to be elected either from such ward or from any other ward. (2) Any person who ceases to be a Councillor shall, if qualified under sub-section (1), be eligible for re-election as such.] NOTES Pundalik Vishwanath v. Mahadeo Binjaraj,?I. L. R. 1959 Bom. 282 :?AIR?Bom. 2 : 1958 Mah. L. J. 427; Champalal Mohanlal, (1936) 41 Cal. W. N. 488.- See notes under section 9. [49] [(1) No person? [50] [shall be eligible for election, as a Councillor if he - [51] [(a) is not a citizen of India; or] (b) has been adjudged by a competent Court to be of unsound mind; or (c)? is a leper; or [52] [(ca) has, at any time after the commencement of section 8 of the Maharashtra Municipal Corporation (Amendment) Act, 1970, been convicted of an offence punish?able under section 153A, or sub-section (2) or (3) of section 505, of the Indian Penal Code ; Provided that, such disqualification shall be for a period of six years from the date of such conviction; or] [53] [(d) has been convicted by a Court in India of any offence involving moral turpitude unless a period of six years has elapsed since the date of such conviction; or] (e) ?has been dismissed from the service of the Government for misconduct and has been declared to be disqualified for employment in the public service; or (f)??? has been dismissed for misconduct from the service of any municipal corporation, municipal committee, notified area committee,??[54] [district council or local board] and has been declared by the State Government to be disqualified for employment in the public service; or [55] [(g) has been so disqualified by or under any law,- Provided that no person 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; NOTES Constituency reserved for scheduled caste candidate : Disqualification? : The Petitioner elected Councillor / Corporator from ward reserved for Scheduled Caste candidate. The Petitioner's caste claim invalidated. Power exclusively vested in Election Tribunal to decide the question of qualification of elected Councilor when disputed. Order of disqualification passed by Municipal Commissioner without jurisdiction. Held? : [56] [(g-1)? [57] [* * *] is a servant of Government and is remunerated by salary or honorarium (which expression shall not include fees or commission); or] (h) holds any salaried office under or place of profit in the gift or disposal of?[58] [the Corporation or any other local authority], while holding such office or place; or (i) has directly or indirectly any share or interest in any contract with, by or on behalf of the Corporation while owning such share or interest : Provided that a disqualification under clauses (e), (f),?[59] [* * * or (i) may be removed by an order of the State Government in this behalf. Explanation.- A person shall not, by reason of being a share holder in or a member of any incorporate or registered company, be deemed to be intrested in any contract entered into between the company and the Corporation. [60] [(j) has?? more than two children : Provided that, a person having more than two children on the date of commencement of the Maharashtra Municipal Corporation and Municipal Councils, Nagar Panchayats and Industrial Town?ships (Second Amendment) Act, 1995 (hereinafter in this clause referred to as "the date of such commencement"), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does' not increase : Provided further that, a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of dis?qualification mentioned in this clause. Explanation.- For the purposes of this clause,- [61] [(k) is a Member of the State Legislature or of Parliament: Provided that,? nothing in this clause shall affect the membership? of a? sitting Councillor till? the? expiry of his current term of office as such Councillor : Provided further that, any action taken by such Councillor during the period from the 7th October, 2001 till the 20th October, 2001, being the date of publication of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Ordinance, 2001, shall be deemed to have been validly taken and shall not be challenged in any Court of law only on the ground that during the said period he had incurred disqualification under this clause.] [62] [(2)??? (a) A person shall be disqualified for being a Councillor or for contesting an election for being elected as a Councillor, for a period of six years, if, an order is passed by the concerned authority, under sections 19(a), 21(2) or as the case may be, section 428, holding that such person was elected as a Councillor to a seat which was reserved for a member belong?ing to a Scheduled Caste, Scheduled Tribe or a Backward Class of Citizens (hereinafter referred to as "a reserved category"), on the basis of a false claim or a false Caste Certificate declaring that such person belonged to such reserved category. (b) Such period of disqualification shall be computed with effect from the date of passing of such order by the concerned authority. (3)??? (a) Notwithstanding anything contained in sub-section (2), a Councillor who has been elected to a reserved seat as mentioned in sub-section (2), shall be disqualified for being such Councillor consequent upon the Caste Certificate verification Committee or any other Competent Authority specified by the State Government for the purpose of scrutiny of the Caste Certificates, declaring the Caste Certificate of such Councillor to be invalid and cancelling the same, on the ground of the same having been based on a false claim or declaration made by such person claiming to be belonging to the reserved category, and thereupon the Councillor shall be deemed to have vacated his office on and from the date of declaration of such Certificate to be invalid and cancellation of the same by said Committee or the Competent Authority. (b) On any person having been disqualified for being a Councillor and consequently, his seat as such Councillor having become vacant under clause (a), the State Government shall,?by notification in the Official Gazette, disqualify such person for being elected or being a Councillor for a period of six years from the date of such Order.] NOTES ?It is proposed to amend the Municipal Laws in the State of Maharashtra to make them more responsive to the demands of the citizens and to make the administration of the Municipal Corporation and Councils more effective. The Mumbai Municipal Corporation Act is being amended to enable the Corporation to effectively tackle the growing menace of illegal constructions. It is also proposed to amend all the Municipal Laws to disqualify the Councillors who indulge in illegal construction and encroachments and also those who are elected on the basis of the false Caste Certificate. The said Act is also being amended to enable the Corporation to implement the Maharashtra Urban Transport Project and to scrap the Wheel Tax being collected by the Mumbai Municipal Corporation. Consequent upon the abolition of the Wheel Tax. the Corporation will be paid road grant like other municipal bodies. It is also proposed to restrict the power of the Mayors of the Mumbai and Nagpur Municipal Corporations to approve the contracts upto rupees Fifteen lakhs. The Bombay Provincial Municipal Corporations Act, 1949 and the Maharashtra Municipal Councils, Nagpur Panchayats and Industrial Town?ships Act, 1965 are proposed to be amended to provide for representation to the areas do not get any representation till the next general elections. The financial powers of the Standing Committee and Subjects Committees of the Municipal Councils are also proposed to be increased. Also, the Presidents will receive higher honorarium and in addition they will be able to receive the sumptuary allowance at a higher rate. Under the existing provisions they can draw only one of the two allowances. Other amendments which are essential to strengthen the municipal administration are included in the proposed bill which seeks to achieve the above objective. Statements of Objects and Reasons. [Mah. Act 11 of 2002.] [63] [The names of all persons elected to be the Councillors shall be published by the State Election Commissioner in the?Official Gazette.] NOTES Rejection of nomination papers.- Nomination papers of the petitioners have been rejected on the round unsustainable in law. Technical difficulty or defect of minor nature has been ordered by the Government of India to be ignored. Inspite of that circular of the Government of India, these orders have been made by the Returning Officer. The impugned orders are set aside. Kiran w/o Vijayrao Chopkar v. State Election Commissioner & Ors., 2005 (2) All M.R. 657. [64] [Every election of the Mayor or Deputy Mayor shall be notified in the prescribed manner and such persons shall enter on their respective offices from the date specified for that purpose in such notification.] [65] [?(1) The Corporation shall, unless sooner dissolved, continue for a period of five years from the date appointed for its first meeting and no longer. (2) A Corporation constituted upon the dissolution of the Corporation before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Corporation would have continued under sub-section (1), had it not been so dissolved.] NOTES The expression "absent himself" is used in the section with reference to wilful absence inspite of opportunity to attend the meeting. The detenu held (the Councillor} under M.I.S.A.. was prevented from attending the meetings for the reason beyond his control.- Bhaskar Atmaram Joshi v. State, 1976 M. L. J. 229 : AIR 1976 Bom. 206; Jahangir Bhikaji v. Corporation,?? I. L. R. 1961 Bom. 273. See notes under section 9. While L.I.C. employee contested election and successfully won it, he did not obtain a prior permission of the Chairman of the L.I.C. It was held that it was not a disqualification for the successful candidate though he might have violated the disciplinary rule of Staff Regulation No. 25. Regulation No. 25 is a disciplinary rule and not an election law. Manohar Nathurao v. Masotrao, AIR 1958 Mad. 343 overruled.- 1979 AIR SC 1084 : (1979) 2 S. C. J. 119 : (1979) 4 SCC 93 : 1979 M. C. C. 137 : (1979) 3 S. C. R. 1078; Pyare Saheb v. Dashrat Wasudeo, 1977 Mah. L. J. 246 : AIR?? 1977 Bom. 91. By the Maharashtra Municipal Corporations and Municipalities (Amendment) Act, 1989 (Mah. XXVIII of 1989) which was preceded by Ordinance No. IV of 1989. the voting age has been reduced to 18 years from 21 years for the elections to all the municipal corporations and the municipal councils in the State. Each of the municipal laws in operation in the State provided that a person who is enrolled in the municipal electoral roll shall be qualified to be elected as a councillor. For the purpose of elections to the Assembly and the House of the People also, the voting age has been reduced to 18 years by amending the Constitution of India. Although the age of the voter for Assembly and House of the People also, the voting age has been reduced to be of 25 years of age. On the same lines, it was proposed that one of the qualifications for becomiing a councillor of any Municipal Corporation or Municipal Council should be that a person to be elected as a councillor should be not less than 25 years of age. The general elections to certain municipal corporations and all the municipal councils are due to be held during the period from March to May 1990 and preparations therefor were required to be made immediately. It was. therefore, considered expedient to amend immediately all the Municipal laws suitable provision that any Municipal Councillor who was not of 25 years of age on the date of commencement of this Act. shall, unless he resigns or is disqualified to hold the office as such councillor, continue to be such councillor till the expiry of his term of? office. With regard to the amendments to the Bombay Municipal Corporation Act (Bom. III of 1888). opportunity was also taken to make amendments to sections 83 and 460U which were found necessary to give appropriate effect to the provisions thereof. Similarly, section 471 is also amended to remove inconsistency. As both Houses of the State Legislature were not in session and it was necessary to take immediate action further to amend the Bombay Municipal Corporation Act. the Bombay Provincial Municipal Corporations Act, 1949. the City of Nagpur Corporation Act. 1948 and the Maharashtra Municipalities Act. 1965, for the purposes aforesaid. Shri Chittatosh Mookerjee, discharging the functions of the Governor of Maharashtra, promulgated the Maharashtra Municipal Corporations and Municipalities (Amendment) Ordinance. 1999. on the 12th February, 1990.-Statement of Objects and Reasons (Mah. Act 12 of 1990). It is proposed to amend the Municipal Laws in the State of Maharashtra to make them more responsive to the demand of the citizens and to make the administration of the Municipal Corporations and Councils more effective. The Mumbai Municipal Corporation Act is being amended to enable the Corporation to effectively tackle the growing menace of illegal constructions. It is also proposed to amend all the Municipal Laws to disqualify the Councillors who indulge in illegal construction and encroachments and also those who are elected on the basis of the false Caste Certificate. The said Act is also being amended to enable the Corporation to implement the Maharashtra Urban Transport Project and to scrap the Wheel Tax being collected by the Mumbai Municipal Corporation. Consequent upon the abolition of the Wheel Tax, the Corporation will be paid road grant like other municipal bodies. It is also proposed to restrict the power of the Mayors of the Mumbai and Nagpur Municipal Corporations to approve the contracts upto rupees Fifteen lakhs. The Bombay Provincial Municipal Corporations Act, 1949 and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Town?ships Act, 1965 are proposed to be amended to provide for representation to the areas which are added after the general elections. At present such areas do not get any representation till the next general elections. The financial powers of the Standing Committee and Subjects Committees of the Municipal Councils are also proposed to be increased. Also, the Presidents will receive higher honorarium and in addition they will be able to receive the sumptuary allowance at a higher rate. Under the existing provisions they can draw only one of the two allowances. Other amendments which are essential to strengthen the municipal administration are also included in the proposed Bill which seeks to achieve the above objectives.- Statement of Objects and Reasons (Mah. Act 11 of 2002). [66] [The term of office of the Councillors shall be co-terminus with the duration of the Corporation.] An election to constitute the Corporation shall be completed- Provided that, where the remainder of the period for which the dissolved Corporation would have continued is less than six months; it shall not be necessary to hold any election under this section for constituting the Corporation for such period.] [67] [ [68] [(1) In the event of failure to accept office by a person elected? [69] [* * *] to be a Councillor, or of the death, resignation or disqualification of a Councillor, or of his becoming incapable of acting before the expiry of his term of office, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled? [70] [as soon as conveniently may be but not later than six months] by the election? [71] [* * *] of a person thereto as Councillor, who shall take office forthwith and shall hold such office in the unexpired term of his predecessor : [72] [* * *] [73] [(2) Notwithstanding anything contained in sub-section (1), no election shall be held for the filling of a casual vacancy if general election is due to be held in six months of the occurrence of such vacancy.] If any person having been elected?[74] [*?? *?? *] a Councillor,- [76] [(f) has constructed or constructs by himself, his spouse or his dependent, any illegal or unauthorised structure violating the provisions of this Act or the Maharashtra Regional and Town Planning Act, 1966 or the rules or by-laws framed under the said Acts; or has directly or indirectly been responsible for, or helped in his capac?ity as such Councillor in, carrying out such illegal or unauthorised construction or has by written communication, or physically obstructed or tried to obstruct any Competent Authority from discharging its official duty in demolishing any illegal or unauthorised structure. Such disqualification shall be for the remainder of his term as a Councillor from the date of the declaration of such structure to be illegal or unauthorised by the concerned authority under the provisions of the said Acts, or as the case may be, from the date of commission of the act of interference or obstruction by the Councillor against the Competent Authority,] such person shall cease to be a Councillor and the State Government shall, by notification, declare his seat to be vacant. [77] [ [78] [(1) The Corporation shall, subject to the provisions of sub-section (2), at its first meeting after the general elections, elect from amongst the Councillors one of its number to be the Mayor and another to be the Deputy Mayor. The tenure of the Mayor and the Deputy Mayor shall be of two and a half years : Provided that, the term of the Mayor and the Deputy Mayor in office on the date of coming into force of the Maharashtra Municipal Corporation (Amendment) Act, 2000, shall be ex?tended to, and, be co-terminus with, the term of the office of the elected Councillors : Provided further that, the roster relating to the reservation of the office of the Mayor shall be deemed to have been amended to provide for the extended tenure of the Mayor. (2) There shall be reservation for the office of the Mayor in the Corporation, by rotation, for the Scheduled Castes, the Scheduled Tribes, women and the Backward Class of citizens, in the prescribed manner. (3) Notwithstanding anything contained in sub-section (1), on the date of commencement of the City of Nagpur Corporation (Amendment) Act, 1999, the term of office of the Mayor, who is in office on the said date, shall be deemed to have come to an end and he shall have vacated his office on the said date. The Mayor in office having so vacated his office, the first meeting for the purpose of election of the new Mayor, after the said date shall be held by the Commissioner within a period of seven days from the said date and all other provisions of this Act relating to such election shall, mutantis mutandis apply : Provided that Mayor in office immediately before the said date shall continue till the new Mayor enters the office. (4) The Mayor and the Deputy Mayor shall hold office until a new Mayor and a new Deputy Mayor have been elected under sub-section (1) and, in a year in which general elections have been held, shall do so notwithstanding that they have not been returned as Councillors on the results of the elections. (5)? A retiring Mayor or Deputy Mayor shall be eligible for re-election to either office. (6)? The Deputy Mayor may resign his office at any time by notice in writing to the Mayor and the Mayor may resign his office at any time by notice in writing to the Corporation. (7) If any casual vacancy occurs in the office of Mayor or Deputy Mayor, the Corporation shall,- as soon as convenient after the occurrence of the vacancy, choose one of its number to fill the vacancy and every Mayor or Deputy Mayor so elected shall hold office so long only as the person in whose place he is appointed would have been entitled to hold it if the vacancy had not occurred.] [79] [* * *]? [80] [(1) An elected Councillor who is for, the time being, the leader of the party in the opposition, having the greatest numerical strength and recognised as such by the [Mayor] shall be the Leader of the Opposition. Explanation.- Where there are two or more parties in the opposition, having the same numerical strength, the?[81] [Mayor] shall, having regard to the status of the Party, recognise any one of the leaders of such Parties as the Leader of the Opposition for the purposes of this Act, and such recognition shall be final and conclusive. [82] [* * *] (3) There shall be paid to the Leader of the Opposition such honoraria, fee and allowances and given such other facilities, as may be prescribed by by-laws made in this behalf by the Corporation.] NOTES The Constitution (Seventy-Third Amendment) Act, 1992 relating to the "Panchayats" and the Constitution (Seventy-Fourth Amendment) Act, 1992 relatiing to the "Municipalities" intend to bring, in the true sense, the "Panchayati Raj System" at rural level-and the local self-Government system for the urban areas. The said Constitutional amendments envisage true and active participation in the governance of the Panchayats at rural level and of the Municipalities in the urban areas, by the directly elected representatives of the people. To give effect to these Constitutional provisions, the Government of Maharashtra has had already extensively amended the existing laws relating to the Panchayats as well as the Municipalities. However, so far as the governance of the Municipal Corporations was concerned, the main objective sought to be achieved by the said constitutional provisions relating to the governance of the municipal administration by directly elected local representatives of the people in its true spirit was yet not fully achieved. In the then existing system of the municipal administration, the Mayor who was the holder of the highest civic office was only a figure head with no real powers for effective governance of the?municipal administration. Hence, to achieve the said objective in letter and spirit, the Government of Maharashtra considered it expedient further to amend the City of Nagpur Corporation Act with a view to provide for vesting of the power of the governance of the administration of the said Municipal Corporation in the hands of the elected representatives of the people by adopting the Mayor-in-Council system of working in the governance of the said Municipal Corporation. The salient features of the Mayor-in-Council system are as follows :- [83] [(1)?An elected Councillor who is, for the time being, the Leader of the Party having the greatest numerical strength and recognised as such by the Mayor shall be the Leader of the House. Explanation.- When there are two parties in ruling, having the same numerical strength, the Mayor shall, having regard to the status of the Party, recognise the Leader of any one of such Parties to be the Leader of the House. (2)? There shall be paid to the Leader of the House such honoraria and allowances and other facilities as may be provided by regulations made in this behalf by the Corporation.] [84] [(1) With the previous sanction of the State Government, the Corporation may pay? [85] [* * * each Councillor such honoraria, fees or other allowances as may be prescribed by by-laws made by the Corporation under this section. [86] [(2) The Corporation shall place at the disposal of the Mayor, annually, such amount as sumptuary allowance, as the State Government may, from time to time, by an order determine.] (3)? Notwithstanding anything contained in sections 15 and 19. the receipt?[87] [by a Councillor] of any honorarium, fee or allowance aforesaid shall not disqualify any person for being elected? [88] *?? *?? * as, or for being, a Councillor.] Provided that where a person who, by reason of a sentence of a Court, becomes disqualified by virtue of clause (d) of section 15 is at the date of disqualification a Councillor, his seat shall, notwithstanding anything in this section, not become vacant by reason of the disqualification until three months have elapsed from the date of such sentence or, if within those three months of such date an appeal or petition for revision is brought in respect of the conviction or the sentence, until that appeal or petition is disposed of, but during any period during which he continues to be a Councillor by virtue of this provision, he shall not sit or vote. [94] [A person who ceases to be a Councillor shall ipso facto vacate any offices held by him on any committee of the Corporation by virtue of his being a Councillor.] The Corporation shall meet at least once every.month for the transaction of business. NOTES The provisions of section 237 of the Corporation Act, and the by-laws framed there under providing the necessity of having a licence for carrying on certain business such as hotels etc, do not stand repealed on account of the licensing provisions of such establishment under the Prevention of Food Adulteration Act and the Rules made there under. There is also no implied repeal of the Corporation by-laws. AIR?1966 Cal. 388 Dissented from AIR 1979 Bom. 190 (D. B.). [95] [After every general election, notwithstanding anything contained in this Act, the Commissioner shall call the first meeting of the Corporation on the date specified in the notification issued under section 16A, to elect the Mayor, the Deputy Mayor, the Standing Committee and the Special Consultative Commit?tees.] NOTES The provisions of section 237 of the Corporation Act, and the by-laws framed thereunder providing the necessity of having a licence for carrying on certain business such as hotels etc. do not stand repealed on account of the licensing provisions of such establishment under the Prevention of Food Adulteration Act and the rules made there under. There is also no implied repeal of the Corporation by-laws. AIR?1966 Cal. 388 Dissented from AIR?1979 Bom.?190 (D.B.). [96] [(2) The date of every meeting, except the meeting referred to in section 24, shall be fixed by the Mayor, or in the event of his being incapable of acting then by the Deputy Mayor, and in the like event in his case then by the Commissioner]. (3)? Notice of every meeting specifying the time and place thereof and the business to be transacted thereat shall be dispatched to every Councillor and exhibited at the municipal office seven clear days before an ordinary meeting and three clear days before a special meeting : Provided that if the notice is exhibited at the municipal office, failure to serve it on any Councillor shall not affect the validity of a meeting. (4)? No business other than that specified in the notice relating thereto shall be transacted at a meeting. NOTES The provisions of section 237 of the Corporation Act, and the by-laws framed there under providing the necessity of having a licence for carrying on certain business such as hotels etc. do not stand repealed on account of the licensing provisions of such establishment under the Prevention of Food Adulteration Act and Rules made there under. There is also no implied repeal of the Corporation by-laws.- AIR 1966 Cal. 388 Dissented from AIR 1979 Bom. 190 (D. B.). [97] [The Mayor, or in any such event as aforesaid, the Deputy Mayor, may whenever he thinks fit call a special meeting, and shall be bound to do so within two Weeks of the receipt of a written requisition signed by not less than three members of the Standing Committee.] Any meeting of the Corporation may, with the consent of a majority of the Councillors present, be adjourned to any other date; but no business other than that left over at the adjourned meeting shall be transacted at the next meeting. A notice of such adjournment posted in the municipal office on the day on which the meeting is adjourned shall be deemed sufficient notice of the next ensuing meeting. NOTES Adjournment of Meeting : Suspension of Councillors : Power of Mayor : Control of State Government : Writ Jurisdiction : Alternate remedy.- It was held by the High Court that term "regularity of the proceedings" cannot be given a restricted meaning to exclude "legality or propriety". Power of the State Government to call for and examine the record?of any case pending or disposed of by the Commissioner, Corporation or the Standing Committee is an expression wide enough to enable the government to call for and examine the record of any proceeding pending before or disposed of by the Commissioner, Corporation or standing committee. Availability of alternate remedy cannot be a bar in every case for exercising writ jurisdiction. State Government ruled by a coalition in which the Congress I is a partner and petitioners, who were suspended belonging to BJP group. Alternate remedy under section 411 would not be an effective and efficacious remedy and it would be a mockery of justice if at this stage, the petitioners are asked to first exhaust their alternate remedy. Dayashankar Chandrashekhar Tiwari & Ors. v. Municipal Corporation of the City of Nagpur & Ors.. 2003 (3) All M.R. 1095 : 2003 (4) Bom. L.R. 171 : 2003 (6) Bom. C. R. 689; Ashraf Yunus Motiwala v. State of Maharashtra. 2001 (1) Bom. C. R. 6 (A.B.) : 2000 (4) Mh. L. J. 13; Dhanyalakshmi Rice Mills v. Commissioner of Civil Supplies. 1976 (4) SCC 723; Sheela Devi v. Jaspal Singh, 1999 (1) SCC 209; Whirlpool Corporation v. Registrar of Trade Marks. 1999 (2) Bom. C. R. 70 (SC): 1998 (8) SCC 1: Harbanslal Saharia v. Indian Oil Corporation, 2002 (9) Scale 724; Ram and Shyam Co. v. State of Haryana. AIR 1985 SC 1147; Assistant Collector of Central Excise v. Jainson Hosiery Industries. 1979 (4) SCC 22 : AIR 1979 SC 1889; State of Uttar Pradesh v. Mohammad Nooh, 1958 S. C. R. 595 : AIR 1958 SC 86 referred to. Provided that the Corporation may temporarily exclude the public from a meeting as often as may be desirable at any meeting when in the opinion of a majority of the Councillors present at such meeting expressed by resolution, in view of the special nature of the business then being dealt with or about to be dealt with, such exclusion is advisable. [98] [?(1) At a meeting of the Corporation the Mayor, if present, shall preside. ?(2) If the Mayor is absent from a meeting of the corporation, the Deputy Mayor shall preside. ?(3) If both the Mayor and Deputy Mayor are absent from the meeting of the Corporation, the members present, shall choose one of their numbers to preside. ?(4) In the case of an equality of votes the person presiding at the meeting shall have a second or a casting vote. [99] [(1) The quorum to constitute a meeting of the Corporation shall if it is a special meeting be one-half, and if a general meeting be one-third, of the total number of Councillors]. (2) If at any meeting there are at any time not sufficient members present to form a quorum, the?[100] [President] of the meeting shall adjourn it to such time or date as he thinks fit and announce the same at once; and the business set down for the meeting shall be brought forward in the usual manner at the subsequent meeting, or if the subsequent meeting should be adjourned, then at any meeting thereafter whether at such meeting there is a quorum or not. (3) No business other than the business fixed for the original meeting shall be transacted at any such subsequent meeting. (4) A notice of adjournment exhibited in the municipal office on the day on which the meeting is adjourned shall be sufficient notice of the subsequent meeting. [101] [* * *] Provided that the section shall not apply to an interest in the contract or other matter which a Councillor may have as a tax payer or inhabitant of the City, or as an ordinary consumer of electricity or water, or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods is offered to the public. Provided that the presiding authority may remit the suspension on receiving apology to his satisfaction from the Councillor under suspension ; Provided also that suspension shall not prevent any Councillor from serving on any committee. [104] [The Standing Committee shall consist of sixteen Councillors. Any member of the Standing Committee who absents himself from all meetings of the Standing Committee during two consecutive months shall cease to be a member of the Stand?ing Committee, and his office as such member shall be vacant, and he shall not be eligible for re-election to the Committee during the unexpired term of the Corporation. ?PREAMBLE
Section 1 - Short title extent and commencement
Section 2 - Repeal of enactment
Section 3 - Transfer of liabilities
Section 4 - Omitted
Section 5 - Definitions
Section 6 - Municipal authorities charged with the execution of this Act
Section 7 - Incorporation of Corporation
Section 8 - Power of Corporati6n to acquire and hold movable and immovable property
Section 9 - Constitution of Corporation and division of City into wards
Section 9A - Reservation of seats
Section 9B - State Election Commission
Section 9C - Power of State Election Commissioner to issue directions to prevent impersonation
Section 428(1) does not clearly state the meaning of Municipal election rolls and relevant rules could be looked at to ascertain the meaning of that phrase- Pundalik Vishwanath v MahadeoBinjaraj I L R 1959 Bom 282 AIR 1959 Bom 2 1958 Mah L J 427 Champalal v Mohanlal (1936) 41 Cal W N 488
Section 10 - Omitted
Section 11 - Omitted
Section 12 - Preparation of municipal election roll
Section 13 - Enrolment in Municipal Electoral Roll
Section - Section 13A
Section - Section 13B
Section 14 - Qualifications of candidates
Section 15 - Disqualifications of candidates
Section 16 - Publication of names of Councillors in the Official Gazette
Section 16A - Notification of elections of Mayor and Deputy Mayor
Section 17 - Section 17
Section 17A - Term of office of Councillors
Section 17B - Election to constitute Corporation
Section 18 - Filling up of casual vacancies
Section 19 - Effect of subsequent disabilities
Section 20 - Election of Mayor and Deputy Mayor and reservation of office of Mayor
Section 20 1E - Leader of Opposition
Section 20 1F - Leader of the House
Section 20A - Honoraria fees or allowances
Section 21 - Removal of Councillor
Section 22 - Procedure in case on non payment of corporation dues by councillors and office bearers of corporation
Section 22A - Councillor to vacate all offices if he ceases to be Councillor
Section 23 - Meetings
Section 24 - First meeting after general election
Section 25 - Convening of meetings
Section 26 - Power of Mayor and Deputy Mayor to call special meeting
Section 27 - Adjournment
Section 28 - Public to be admitted to the meetings of Corporation
Section 29 - Chairman of meeting
Section 30 - Quorum
Section 31 - Disability of Councillors for voting etc
Section 32 - Preservation of order
Section 33 - Constitution of Standing Committee
Section 34 - Election of Standing Committee
Section 35 - Election of the Chairman of Standing Committee
Section 36 - Absence from meeting of Standing Committee