EXTENT OF THE INDEPENDENT AUTHORITY OF THE
MUNICIPAL COUNCIL IN RESPECT OF THE PUBLIC INSTRUCTIONS MAINTAINED OUT OF THE
MUNICIPAL FUND RULES, 1970[1] In exercise of the powers conferred by
sub-section (1) and clause (xiv) of sub-section (2) of Section 355 of the
Madhya Pradesh Municipalities Act. 1961 (No. 37 of 1961), and in supersession
of all rules previously made on the subject, the State Government hereby makes
the following rules, the same having been previously published as required by
sub-section (3) of Section 356 of the said Act, namely : These rules may be called the Extent of the
Independent Authority of the Municipal Council in respect of the Public
Instructions maintained out of the Municipal Fund Rules, 1970. In these rules, unless the context otherwise
requires, (a)
"Chief
Municipal Officer" means the Chief Municipal Officer of the Council; (b)
"Council"
means a Municipal Council; (c)
"Government"
means the State Government; (d)
"Government
Officer" means an officer of the State Government. The management, control and administration of
a public instruction maintained out of the municipal fund shall vest in the
Council. The Council shall exercise independent
authority in respect of public institutions subject to the following, namely, (i)
The
Council shall conform to the policy and orders of Government issued from lime
to time and no changes shall be made without the previous sanction of the
Government; (ii)
Every
such institution shall be open to inspection by any Government Officer
authorised by the Government in this behalf and the Chief Municipal Officer
shall be bound to do all in his powers to facilitate such inspection; (iii)
The
Council shall take into consideration the advice and suggestions of the
officers when received through the Government and shall make compliance with
least possible delay; (iv)
The
temporary closure of the institutions on account of sickness or epidemics or
other emergencies affecting public health or public safety shall rest with the
Council under an authority of a resolution passed at a special meeting.
Occasions for closing them on other days shall also be fixed by the Council but
they shall be as few as possible. All cash receipts shall be paid to the
Municipal Cashier with least possible delay for credit into municipal fund. The Accounts of the grant-in-aid received
from the Government in respect of such institution shall be kept separate to
verify that it has been properly utilised in the course for which it has been
given. All the accounts of receipts and expenditure
are subject to audit of the auditors of the Local Fund Audit Department. These rules shall be general for all
municipalities. [1] Vide Notification No.
550-4239-XVIII-U-1, dated 28-12-1970. Published in M.P. Rajpatra, Part II,
dated 22-1-1971 at page 32.EXTENT
OF THE INDEPENDENT AUTHORITY OF THE MUNICIPAL COUNCIL IN RESPECT OF THE PUBLIC
INSTRUCTIONS MAINTAINED OUT OF THE MUNICIPAL FUND RULES, 1970
PREAMBLE