THE MADHYA PRADESH MUNICIPAL LAWS (SECOND AMENDMENT) ACT, 1976

[Act No. 59 of 1976]

[14th  October, 1976]

PREAMBLE

An Act further to amend the Madhya Pradesh Municipal Corporation Act, 1956 and the Madhya Pradesh Municipalities Act, 1961.

Be it enacted by the Madhya Pradesh Legislature in the Twenty-seventh Year of the Republic of India as follows:--

Section 1 - Short title

This Act may be called the Madhya Pradesh Municipal Laws (Second Amendment) Act, 1976.

Section 2 - Amendment of Madhya Pradesh Act No. 23 of 1956

In the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956),--

(1)     in sub-section (1) of section 17,--

(a)      after clause (b), the following clause shall be inserted, namely:--

"(bb) has been disqualified for further election or selection as a councillor under section 17-A unless he has been relived by the Government from such disqualifications;";

(b)      in clause (h), the word "or" occurring at the end shall be omitted;

(c)      in clause (i), the word "or" shall be inserted at the end; and

(d)      after clause (i), the following clause shall be inserted, namely:--

"( j) has not paid the amount of charge imposed upon him under section 11 of the, Madhya Pradesh Sthaniya Nidhi Sampariksha Adhiniyam, 1973 (No. 43 of 1973) within the time specified in section 15 of the said Adhiniyam;";

(2)     after section 17, the following section shall be inserted, namely:--

"17-A. Power to disqualify ex-Mayor, Deputy Mayor etc

(1)     If as a result of audit report, or an enquiry or any other proceeding, it comes to the notice of the State Government that any person while he was holding the office of the Mayor, Deputy Mayor, Chairman or member of a committee constituted under this Act or a Councillor has committed such acts of commission or omission which, in the opinion of the State Government would have made his continuance in such office undesirable in the interest of the public or the corporation, the State Government may, notwithstanding the fact that he has ceased to hold such office, by an order in Writing, declare such person to be disqualified for further election, selection or appointment as a councillor for such period not exceeding five years as may be specified by the State Government in such order.

(2)     No order under sub-sections (1) shall be passed unless reasonable opportunity has been given to the person concerned to furnish an explanation."

Section 3 - Amendment of Madhya Pradesh Act No. 36 of 1961

In the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961),--

(i)     in section 35.--

(a)      for clause (k), the following clause shall be substituted, namely:--

"(k) is disqualified to be a councillor under section 41 or section 35-A; or";

(b)      in clause (m) the, word "or" shall be inserted at the end; and

(c)      after clause (m), the following clause shall be inserted, namely:--

"(n) has not paid the amount of charge imposed upon him under section 11 of the Madhya Pradesh Sthaniya Nidhi Sampariksha Adhiniyam, 1973 (No. 43 of 1973) within the time specified in section 15 of the said Adhiniyam;";

(ii)     after section 35, the following section shall be inserted, namely:--

"35-A. Power to disqualify ex-President, Vice-Presidents etc

(1)     If as a result of audit report, or an enquiry or any other proceeding, it comes to the notice of the State Government that any person, while he was holding the office of the President, Vice-President, Chairman or member of a Committee constituted under the Act or a councillor, has committed such acts of commission or omission which, in the opinion of the State Government, would have made his continuance in such office undesirable in the interest of the public or the municipality, the State Government may, notwithstanding the fact that he has ceased to hold such office, by an order in writing, declare such person to be disqualified for further election, selection or appointment as a councillor for such period not exceeding five years as may be specified by the State Government in such order.

(2)     No order under sub-section (1) shall be passed unless reasonable opportunity has been given to the person concerned to furnish an explanation.".

(iii)    in sub-section (3) of section 130, for the words, brackets and figure "the officer authorised under sub-section (1)", the words "the prescribed authority" shall be substituted.