MADRAS DISTRICT MUNICIPALITIES AND LOCAL BOARDS (AMENDMENT) ACT, 1921

Preamble - THE MADRAS DISTRICT MUNICIPALITIES AND LOCAL BOARDS (AMENDMENT) ACT, 1921

THE MADRAS DISTRICT MUNICIPALITIES AND LOCAL BOARDS (AMENDMENT) ACT, 1921

[Act No. 02 of 1922][1]

[21st February, 1922]

PREAMBLE

An Act to amend the Madras District Municipalities Act, 1920, and the Madras Local Boards Act, 1920.[2]

Whereas it is expedient to amend the Madras District Municipalities Act, 1920 (Madras Acts V and XIV of 1920), and the Madras Local Boards Act, 1920[3];

It is hereby enacted as follows:--

 

Section 1 - Short title

This Act may be called the Madras District Municipalities and Local Boards (Amendment) Act, 1921.

 

Section 2 - Oath to be made by new municipal councillors

(1)     Every person who is elected [4] [ . . . ] to be a councillor of a municipal council [5] [or who becomes an ex-officio councillor of a municipal council] shall before taking his sent make, at a meeting of the council, an oath or affirmation of his allegiance to [6] [the Constitution] in the following form, namely:--

                  having been elected

 I, A, B.,[7] [  [8] [. . . . . . . .]    councillor ]of this

                 having become an ex-officio

 council, do [9] [swear in the name of God/solemnly affirm that I will bear true forth and allegiance to the Constitution of India as by law established], and that I will faithfully discharge the duty upon which I am about to enter.

(2)     Any person who having been elected [10] [ - - - ] a councillor [11] [or having become an ex-officio councillor] fails to make, within three months of the date on which his term of office commences [12] [or at one of the first three meetings held after the said date] [13] [whichever is later] the oath or affirmation laid down in sub-section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.

 

Section 3 - [Omitted]

[14] [ * * * * * *]

 

Section 4 - Oath to be made by new members of local boards

(1)     Every person who is elected [15] [ . . . . ] to be a member of a local board or who becomes an ex-officio member of a local board shall before taking his seat make, at a meeting of the board, an oath or affirmation of his allegiance to [16] [the Constitution] in the following form, namely:--

[18] [swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established,] and that I will faithfully discharge the duty upon which I am about to enter.

(2)     Any person who having been elected [19] [ . . . .] a member of a local board or having become an ex-officio member of a local board fails to make, within three months of the date on which his term of office commences [20] [or at one of the first three meetings held after the said date] [21] [whichever is later] the oath or affirmation laid down in sub-section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.

 

Section 5 - Section 5

[22] [ Notwithstanding anything contained in the Madras District Municipalities Act, 1920 (Madras Acts V and XIV of 1920), or the Madras Local Boards Act, 1920[23] or any other law for the time being in force, no person who has been elected [24] [ . . . ] a councillor or a member of a local board or [25] [who has become an ex-officio councillor of a municipal council or an ex-officio member of a local board] shall take his seat at a meeting of the council or the local board or do any act as such councillor or member unless he has made the oath or affirmation as laid down in this Act.]

 

Section 5-A - Saving in the case of chairmen and presidents

[26] (Notwithstanding anything contained in section 5, the chairman of a municipal council or the president of a local board, who has not made the oath or affirmation as a councillor or as member of the local board, as the case may be, shall be entitled to act as such chairman of president:

Provided that he makes the oath or affirmation and takes his seat at the first meeting of the council or board which he attends within two months after he is elected or appointed as, or becomes entitled to exercise the functions of, the chairman or president, as the case may be.

Explanation.--For the purposes of this section--

(i)       'chairman' includes a vice-chairman exercising the functions of the chairman under sub-section (6) of section 12 of the Madras District Municipalities Act, 1920 (Madras Act V of 1920) [27] (and a revenue divisional officer who is ex-officio chairman under sub-section (7) of the same section);

 

(ii)      'president' includes?

 

(a)      the vice-president of a [28] (local board) exercising the functions of the president of the board under sub-section (1) of [29] (section 22-A) of the Madras Local Boards Act, 1920 (Madras Act XIV of 1920),[30]

[31] [(b) the district collector who is ex-officio president of the district board under clause (a) of sub-section (2) of the same section, and

(c) ???the temporary president of a taluk board or panchayat appointed under clause (b) of sub-section (2) of the same section.])

 

Section 5-B - Decision of questions of disqualification under the Act

[32] [ (1) Whenever it is alleged that any person who has been elected as member of a municipal council or local board or has become an ex-officio member thereof, has ceased to hold his office as such under this Act and such person does not admit the allegation, or whenever any such person is himself in doubt whether or not he has ceased to hold his office under this Act, such person or any member of the municipal council or local board concerned may, and the chairman or president at the request of the municipal council or local board, as the case may be, or on a direction from the [33] (State Government), shall apply to the district judge having jurisdiction over the municipal area or the place where the office of the local board is situated, as the case may be.

(2) ??The said judge, after making such inquiry as he deems necessary, shall decide whether or not such person has ceased to hold his office as member and such decision shall be final.

(3) ??Until an application has been made under subsection (1) and a decision thereon has been obtained, such person shall be entitled to act as if he had not ceased to hold his office as member under this Act.]

 

Section 6 - Section 6

[34] [ The provisions of this Act shall be applicable notwithstanding anything contained in the Indian Oaths Act, 1873 (Central Act X of 1873).]