THE MADHYA PRADESH MUNICIPALITIES (THE CONDUCT OF BUSINESS OF THE MAYOR-IN-COUNCIL PRESIDENT-IN-COUNCIL AND THE POWERS AND FUNCTIONS OF THE AUTHORITIES) RULES, 1998

[THE MADHYA PRADESH MUNICIPALITIES (THE CONDUCT OF BUSINESS OF THE MAYOR-IN-COUNCIL PRESIDENT-IN-COUNCIL AND THE POWERS AND FUNCTIONS OF THE AUTHORITIES) RULES, 1998][1]

PREAMBLE

In exercise of the powers conferred by Sections 37 and 73 read with Section 433 of the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956) and Sections 70 and 110 read with Sections 355 and 356 of the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961), the State Government hereby makes the following rules, namely :

Rule - 1.Short title and commencement.

(1)     These rules shall be called the Madhya Pradesh Municipalities (The Conduct of Business of the Mayor-in-Council/President-in-Council and the Powers and Functions of the Authorities) Rules, 1998.

(2)     These rules shall come into force from the date of their publication in the "Madhya Pradesh Rajpatra."

Rule - 2.Definitions.

In these rules, unless the context otherwise requires :-

(a)      "Act" means the Madhya Pradesh Municipal Corporation Act, 1956 and the Madhya Pradesh Municipalities Act, 1961 as the case may be;

 

(b)      "Municipality" means any Municipal Corporation constituted under Section 7 of the Madhya Pradesh Municipal Corporation Act, 1956 or any Municipal Council or Nagar Panchayat constituted under Section 5 of the Madhya Pradesh Municipalities Act, 1961, as the case may be;

 

(c)      "Chief Executive Officer" means Municipal Commissioner in case of Municipal Corporation and Chief Municipal Officer in case of Municipal Council or Nagar Panchayat;

 

(d)      "Mayor-in-Council" means the Mayor-in-Council constituted under Section 37 of the Madhya Pradesh Municipal Corporation Act, 1956;

 

(e)      "President-in-Council means the President-in-Council, constituted under Section 70 of the Madhya Pradesh Municipalities Act, 1961;

 

(f)       "Member-in-Charge" means such member of the Mayor-in-Council or the President-in-Council, as the case may be, who has been made incharge of any department or departments of the Municipality by the Mayor or President, as the case may be.

 

(g)      "Department" means

(1)     In case of Municipal Corporation

(i)       Housing, Environment and Public Works Department;

 

(ii)      Water Works Department;

 

(iii)     Health and Medical Department;

 

(iv)    Market Department;

 

(v)      Education Department;

 

(vi)    Women and Child Welfare Department;

 

(vii)   Food and Civil Supplies Department;

 

(viii)  Rehabilitation and Employment Department;

 

(ix)    Revenue Department;

 

(x)      Law and General Administration Department;

 

(2)     In case of Municipal Council

(i)       Housing, Environment and Public Works Department;

 

(ii)      Water Works Department;

 

(iii)     Health and Medical Department;

 

(iv)    Revenue and Market Department;

 

(v)      Food, Civil Supplies; Rehabilitation and Employment Department;

 

(vi)    Education, Women and Child Welfare Department;

 

(vii)   Law and General Administration Department.

 

(3)     In case of Nagar Panchayat

(i)       Housing, Environment, Public Works and Water Works Department;

 

(ii)      Food, Civil Supplies, Health and Medical Department;

 

(iii)     Revenue and Market Department;

 

(iv)    Education, Women and Child Welfare Department;

 

(v)      Rehabilitation, Employment, Law and General Administration Department.

Explanation. The sub-office or sections which shall remain within the departments, described in this clause and what functions shall be performed therein shall be determined by the Council with the approval of State Government.

(h)     "President" means the President of the Municipal Council or Nagar Panchayat;

 

(i)       "Authority" means the authority described in Rule 3;

 

(j)       "Council" means the Corporation in case of Municipal Corporation and Council in case of Municipal Council or Nagar Panchayat;

 

(k)      "Secretary" means the officer posted as Secretary by the Chief Executive Officer;

 

(l)       The words used in these rules but not defined shall carry the same meaning which have been assigned to them in the Act.

Rule - 3.Constitution of Mayor-in-Council.

(1)     In every Municipal Corporation the Mayor-in-Council shall consist of Mayor and ten members.

 

(2)     All the ten members, as described in sub-rule (1) shall be taken by the Mayor from the elected Councillors of the Corporation in which at least two members from women category, at least two members from Other Backward Classes, and at least one member from Scheduled Caste or Scheduled Tribe category shall be necessary to include. [2][x x x] All these members may remain as members of the Mayor-in-Council during the pleasure of the Mayor.

Rule - 4.Constitution of President-in-Council.

(1)     In every Municipal Councils and in every Nagar Panchayats, the President-in- Council shall consist of President and seven members in case of Municipal Council and President and five members in case of Nagar Panchayat.

 

(2)     All the seven members in the Municipal Council and all the five members in Nagar Panchayat, as described in sub-rule (1), shall be taken by the President from the elected Councillors of the Council, in which at least one member from women category, at least one member from Other Backward Classes and at least one member from Scheduled Caste or Scheduled Tribe category, each in case of Municipal Council and Nagar Panchayat shall be necessary to include, [3][x x x] All these members may remain as members of the President-in-Council during the pleasure of the President.

Rule - 5.Financial Powers.

(1)     The Financial Powers shall be vested in the various authorities as under

[4][(i) In case of the Municipal Corporation :

Provided that in case of externally aided projects or deposit works, the State Government may, by order authorise the Commissioner or the Mayor-in-Council to exercise such enhanced financial powers, as it may deem fit :]

[5]Provided further that the Mayor-in-Council shall have full financial powers in the cases of projects relating to the Centrally Sponsored Jawaharlal Nehru National Urban Revewal Mission.]

[6][(ii) In case of Municipal Council and Nagar Panchayat.

(2)     The financial powers vested in the Mayor-in-Council and the President-in-Council under sub-rule (1) or any of the powers vested in Rule 9 or 10 may be exercised by the Mayor or President or the member-in-charge as the case may be, subject to the control of Mayor-in-Council or the President-in-Council, as the case may be, and subject to such conditions and limitations as may be determined by the Mayor-in-Council or the President-in-Council, as the case may be.

(3)     The financial powers described in sub-rule (1) shall be exercised only subject to the following conditions :

(i)    There should be budget provisions in the sanctioned budget and the amount available in the relevant budget head for the work concerned.

[7][(ii) In case of Municipal Corporation the services of some qualified consultant may be taken for assistance in the technical and other matters subject to the qualification and procedure specified by the State Government in this behalf. In case of Municipal Council and Nagar Panchayat the technical sanction shall be obtained in the manner prescribed in these rules.]

(iii)   Such works which are of the policy nature or relevant to the whole city, irrespective of the amount of expenses likely to be

(iv)   The prior approval of the Corporation or the Council, as the case may be, shall have to be obtained for giving any grant or reward to any institution or person (excepting the employees).

[8][(v) In the proposal of construction work in any ward, the recommendation/concurrence of the concerned ward councillor (if the office of the Councillor in the concerned ward is not vacant) Mayor/Commissioner/Local member of Legislative Assembly/Local member of Parliament, shall be necessary.

[9][(vi) In case of Municipal Council and Nagar Panchayat the tender shall be invited for construction work or purchase of material in accordance with the provisions of the Work Manual of the Public Works Department and recommendation of the Tender Committee, constituted under these rules, shall be obtained on the tenders so received.]

(vii) Where the amount of expenditure involved exceeds rupees one thousand and does not exceed rupees ten thousand, it shall be necessary to call atleast three quotations and it shall be necessary for the sanctioning authority to ensure that the rate which is being sanctioned, is not more than the prevailing market rate :

Provided that, prior to giving sanction, it shall be necessary for that sanctioning authority to ensure that the provision for the concerned expenditure exists in the budget;

Provided further that the rate so sanctioned as per the quotation so called, shall be limited to the concerned work and shall not be used for any other work.

[10][(viii) In case of Municipal Corporation the works which are sanctioned by the Municipal Commissioner, Mayor, Mayor-in-Council within the limit of their jurisdiction and it" the amount expenses on the work so sanctioned exceeds ten times of their original jurisdiction (For example when the Municipal Commissioner has sanctioned the works upto rupees ten lacs) then this information be given immediately to his senior authority. Similarly, the same procedure shall be followed by the Mayor and Mayor-in-Council. In case of Municipal Council and Nagar Panchayat each authority shall give information to the authority senior to him within fifteen days of the expenditure, exceeding fifty per cent or more, of the maximum financial power vested in him.]

(ix) In case of the exercise of financial powers by the Mayor-in-Council or the President-in-Council, as the case may be, information in all relevant cases shall be submitted in the next meeting of the Council.

Rule - [5-A. Thirty per cent purchase from the businessman belonging to Scheduled Castes/Scheduled Tribes.

Out of the total purchase of various articles to be made by a Municipality thirty per cent of such purchase, in accordance with the procedure laid down in the Madhya Pradesh Store Purchase Rules, shall be made from the businessman/dealers/sellers/ institution belonging to Scheduled Castes/Scheduled Tribes.][11]

Rule - 6.Tender Committee.

[12][(1) In case of Municipal Council and Nagar Panchayat the Tender Committee shall be as under :

(2)   If the sanctioning authority does not agree to the recommendation of the Tender Committee then he by recording in writing the reasons thereof in detail shall have to obtain the orders of the authority senior to him. In the case of Council such orders shall be obtained from the State Government.

[13][(3) x x x]

Rule - 7.Mode of executing contracts.

(1)     Every contract entered into by the Commissioner in case of a Municipal Corporation and the Chief Municipal Officer in case of a Municipal Council or Nagar Panchayat, as the case may be, on behalf of the Corporation or the Council, as the case may be, shall be entered in such form as would bind the Commissioner or the Chief Municipal Officer, as the case may be, if such contract was on their own behalf.

(2)     Every contract for the execution of any work or the supply of any materials or goods which involves an expenditure exceeding ten thousand rupees shall be in writing and shall be sealed with the common seal of the Corporation or the Council, as the case may be :

Provided that if the contract relates to such work which has already been performed to the satisfaction of the Commissioner or the Chief Municipal Officer, as the case may be, or relates to the supply of such material or goods which has already been supplied to the satisfaction of the Commissioner or the Chief Municipal Officer, as the case may be, or the written execution of which has been dispensed with by the Corporation or the Council, as the case may be, either generally or in special class of cases, the Commissioner or the Chief Municipal Officer, as the case may be, may dispense with the execution of a written instrument :

[14][Provided further that in case of Municipal Corporation in such cases in which an expenditure exceeding ten thousand is involved, before extering into an agreement it shall be necessary to invite tender by giving atleast seven days time.]

(3)     The Commissioner or the Chief Municipal Officers, as the case may be, may require sufficient security for the performance of any contract:

Provided that the amount of such security shall not be less than five per cent of the estimated cost of work or the estimated value of the material of the goods.

Rule - [8.Technical and Administrative Sanction.

In case of Municipal Council and Nagar Panchayat the action shall be taken in accordance with the manner prescribed in the Madhya Pradesh Municipalities (Accounts) Rules, 1971 framed under the Madhya Pradesh Municipalities Act, 1961.][15]

[16][omitted]

Rule - 9.Other powers and functions of the Mayor-in-Council.

The Mayor-in-Council in addition to the powers vested in it under the Madhya Pradesh Municipal Corporation Act, 1956 or the rules or bye-laws made thereunder, shall exercise the powers vested in the Corporation in the following sections of the said Act :

Sections 57 (1), 61, 62, 71 (1), 137 (1), 138, 142 (1), 176 and 189-A.

Rule - 10.Other powers and functions of the President-in-Council.

The President-in-Council, in addition to the duties vested in it under the Madhya Pradesh Municipalities Act, 1961 or the rules or bye-laws made thereunder shall exercise the powers vested in the Council in the following sections of the said Act :

Sections 93 (1), 94 (1), (2), 121 (1), 126, 160, 168 (7), 228, 235, 237, 238, 243, 244, 245, 247, 248, 249, 253 (1), (3), 255 (1), 261, 262 (1), (3), 263, 265, 267, 272, 273, 274, 281.

Rule - [10-A. Alternative arrangement on nun-compliance of instructions contained in Rules 3 and 4.

Notwithstanding anything contained in these rules if the Mayor-in-Council or the President-in-Council, as the case may be, is not constituted in accordance with the provisions of Rule 3 or Rule 4, as the case may be, then in the circumstance all the cases relating to the powers and functions of the Mayor-in-Council or the President-in-Council, as the case may be, vested in these rules or in the Act, shall be decided by the Corporation, in place of Mayor-in-Council and Council in place of President-in-Council.][17]

Rule - 11. Conduct of business.

(1)     Every such case which is beyond the jurisdiction of the Chief Executive Officer shall be submitted to the Member-in-charge of the department concerned. If the case comes within the jurisdiction of the Member-in-charge, the decision shall be taken by the Member-in-charge, otherwise it shall be submitted alongwith his comments, if any, to the Mayor or the President as the case may be.

 

(2)     On the receipt of the case under sub-rule (1) the Mayor or the President, as the case may be, if the case comes within his jurisdiction, shall take decision on it, otherwise it shall be submitted alongwith his comments, if any, in the meeting of the Mayor-in-Council or the President-in-Council, as the case may be, and if the case is such which is beyond the jurisdiction of the Mayor-in-Council or the President-in-Council as the case may be, it shall be submitted in the meeting of the Council alongwith the opinion of the Mayor-in-Council or the President-in-Council, as the case may be.

 

(3)     In this rule, every case shall be submitted alongwith a self-explanatory precis duly signed by the Head of the Department concerned.

Rule - 12. Execution of Resolution, Order.

(1)     It shall be necessary for the President (Speaker) in case of the Municipal Corporation, and in case of the Municipal Council and Nagar Panchayat its President, to send the copy of resolution to the Chief Executive Officer within seven days from the date of adoption of such resolution by the Council.

(2)     The powers regarding the execution of any resolution or order shall be vested in the Chief Executive Officer.

 

(3)     If in the opinion of the Chief Executive Officer, any resolution, order is against the law or against the public interest or against the interest of the Municipality, the same shall be sent to the authority concerned for re-consideration indicating the reasons due to which such resolution, order is against the law or against the public interest or against the interest of the Municipality.

 

(4)     If on the receipt of the case under sub-rule (3) the authority concerned, even after reconsideration, keeps his earlier resolution or order as it is, such case shall be submitted to the Council by the Chief Executive Officer.

 

(5)     If under sub-rule (4), the Council takes decision on the case to keep the resolution or order as it is, such case shall be sent by the Chief Executive Officer to the State Government in case of Municipal Corporation, and to Director, Urban Administration and Development in case of Municipal Council and Nagar Panchayat. The order of the State Government or the Director, Urban Administration and Development, as the case may be, shall be final and accordingly, the Chief Executive Officer shall take action in the case.

[18][(6) It shall be necessary for the Chief Executive Officer to take action as required by sub-rules (3), (4) and (5) within seven days from the date of receipt of resolution.]

Rule - 13. Time limit for the disposal of the case.

[19]If under sub-rule (1) the case is pending before the Council for a period of more than thirty days, the Chief Executive Officer shall propose to the President (Speaker) in case of Municipal Corporation, and to President in case of Municipal Council and Nagar Panchayat, for convening special meeting of the Council, and, if the aforesaid authorities as the case may be, do not permit to convene the special meeting of the Council, the Chief Executive Officer, under intimation to the State Government, shall have power to convene the meeting of the Council in which the orders shall be passed by the Council on such pending case.

Rule - 14. Head of the department.

The Chief Executive Officer shall nominate any of his subordinate officers as Head of the department for each department of the Municipality :

Provided that the Chief Executive Officer may nominate any of his subordinate Officers as Head of the department, for more than one department.

Rule - 15.Meeting of the Mayor-in-Council or President-in-Council.

(1)     The meeting of the Mayor-in-Council or the President-in-Council as the case may be, may be convened, as and when necessary :

Provided that the meeting shall be held in such a way that any case be not kept pending for more than ten days.

(2)     At every meeting, the Chief Executive Officer or any Officer nominated by him, shall necessarily be present, who may express his view as seems necessary, but shall not be entitled to vote.

 

(3)     The meeting shall be held in the Municipal building and the date and time of the meeting shall be fixed by the Mayor or the President, as the case may be.

 

(4)     The notice of every meeting specifying the place, date and time shall be dispatched by the Secretary to every member at least three days before the date of the meeting :

Provided that in the emergent circumstances, the meeting may be called on one-day's notice.

(5)     As soon as any case is received for consideration, it shall be entered in a register by the Secretary and all such cases shall be submitted in the meeting. If any case remains undisposed in the meeting, it shall normally be considered first in the next meeting.

Rule - 16.Minutes Book.

(1)     The minutes of the proceedings of meeting shall be recorded in a book in Hindi, which shall be confirmed at the same meeting or the next meeting. The minutes of the proceedings shall include.

 

(a)      The names of the members present.

 

(b)      The decision on every case.

 

(c)      The signature of the Chairman of the meeting and Secretary.

 

(2)     The Minute Book shall be open for inspection to any Councillor during office time without payment of fees.

Rule - 17. Repeal.

Immediately before the commencement of these rules :

(1)     The Madhya Pradesh Municipalities (Powers of the Standing Committee and the Procedure for the Conduct of its Business) Rules, 1997;

 

(2)     The Madhya Pradesh Municipal Corporation (Conduct of Business of the Standing Committee) Rules, 1997;

 

(3)     The Madhya Pradesh Municipalities (Duties, Powers and Procedure for Conduct of Business of the Departmental Committees) Rules, 1997;

 

(4)     The Madhya Pradesh Municipal Corporation (Financial Power of the Authorities and Contract) Rules, 1994;

 

(5)     The Madhya Pradesh Municipalities (Financial Powers of the Authorities and the Limit for Inviting Tenders) Rules, 1994, and all rules, bye-laws or orders, corresponding to these rules, if any, shall stand repealed from the date of commencement of these rules :

Provided that any action taken or anything done under the rules, bye-laws or orders so repealed shall, so far as they are not inconsistent with the provisions of these rules, be deemed to have been taken or done under the corresponding provisions of these rules.