N D E X
THE HARYANA MUNICIPAL CORPORATION ACT, 1994
Haryana Act No.16
To provide for the establishment of Municipal Corporations
for certain municipal areas in the State of Haryana.
is enacted by the Legislature of the State of Haryana in the Forty
fifth year of the Republic of India, as follows:-
Short title extent and commencement.- (1) This Act may be
called the Haryana Municipal Corporation Act, 1994.
(2) It extends to the whole of the State of Haryana including
the cantonment areas therein.
(3) It shall be deemed to have come into force with effect
from 31st May, 1994.
Definition.- In this Act, unless the context otherwise requires,--
“by-law” means a bye-law made under this Act, by notification in
the official Gazette ;
“commissioner” means the Commissioner of the Corporation appointed
by the State Government.
“Corporation” means the Municipal Corporation declared and constituted
under Section 3 and 4 of this Act ;
“Corrupt practice” means any of the practices specified in section
“Casual Vacancy” means a vacancy occurring otherwise than by efflux
of time in the office of a member or in any other elective office
“Divisional Commissioner” means the Commissioner of the Division
in which the Corporation is situated and includes any other officer
appointed by the Government to perform all or any of the functions
of the Divisional Commissioner under this Act ;
“Government” means the Government of the State of Haryana ;
“members” means a member of the Corporation ;
“Municipal Area” means the territorial area of the Corporation declared
under section 3 of this Act ;
“Municipality” means an institution of self-government constituted
under section 2A of the Haryana Municipal Act, 1973, which may be
a Municipal Committee or a Municipal Council or a Municipal Corporation
“Population” means any population as ascertained at the last preceding
census of which the relevant figures have been published ;
“regulation” means a regulation made by the Corporation under this
Act, by notification in the official Gazette ;
“rural area” means the part of the Municipal area which immediately
before their inclusion within the limits of the Municipal area were
situated within the local limits of a Gram Panchayat but shall not
include such portion thereof as may, by virtue of a notification
under section 413 ceases to be included in the rural areas as herein
“State Election Commission” means the State Election Commission
constituted by the State Government under articles 243K and 243ZA
of the Constitution of India ;
“ward” means a municipal ward of the Corporation made under sub-section
(2) of section 4 for the purpose of lection of a member ;
“year” means a year commencing on the 1st day of April.
Declaration of Municipal area as Corporation.—(1) From the
31st day of May 1994, the Municipal Corporation of Faridabad
shall be deemed to have been declared as such for the Municipal
Area specified in the first schedule appended to this Act.
(2) The Government may, from time to time, by notification
in the Official Gazette, declare any municipality including area
comprising rural area or a part thereof, if any, to be a Corporation
known as “the Municipal Corporation of _________________ (name of
Provided that no municipality including area, comprising
rural area or a part thereof, if any, shall be so declared to be
a Corporation unless the population thereof exceeds three lacs.
(3) The Government may, from time to time after consultation
with the Corporation, by notification in the official Gazette, alter
the limits of the Municipal area of the Corporation declared under
sub-sections (1) and (2) so as to include therein or exclude there
from such areas as may be specified in the notification.
(4) When the limits of the Municipal areas are altered,
so as to include therein any area, except as the Government may
otherwise by notification, direct, all rules, regulation, notifications,
bye-laws, order, directions and powers issued or conferred and all
taxes imposed under this Act ; and inforce in the Municipal area
shall apply to such area.
(5) When a local area is excluded from the Corporation under
sub-section (3) ---
(a) this Act, and all notifications, rules, bye-laws, orders,
directions and powers issued, made or conferred under this Act,
shall cease to apply thereto; and
(b) the Government shall after consulting the Corporation,
frame a scheme determining what portion of the balance of the Corporation
fund and other property vesting in the municipal Corporation shall
vest in the Government and in what manner the liabilities of the
Corporation shall be apportioned between the Corporation and the
Government, and, on the scheme, being notified, the property and
liabilities shall vest and be apportioned accordingly.
Incorporation and constitution of Corporation.—(1) The Corporation
shall be a body corporate having perpetual succession and a common
seal with power, subject to the provisions of this Act, to acquire,
hold and dispose of property and may by the said name sue and be
(2) Save as provided in sub-section (3) all seats in the
Corporation shall be filled by persons chosen by direct election
from the territorial constituencies in the Municipal area and for
this purpose the Municipal area shall by a notification issued in
this behalf be divided into territorial constituencies to be known
(3) In addition to the persons chosen by direct election
from the territorial constituencies, the Government may, by notification,
nominate the following categories of persons as members of the Municipal
not more than three persons having special knowledge or experience
in municipal administration;
members of the House of the People and the members of the Legislative
Assembly representing constituencies which comprise wholly or party
the Municipal Area ;
members of the Council of State registered as electors within the
Municipal Area ;
that the persons referred to in clause (i) above shall not have
the right to vote in the meetings of the Corporation;
further that the persons referred to in clause (ii) and (iii) shall
neither have right to contest for the election of Mayor, Senior
Deputy Mayor or Deputy Mayor nor right to vote in the meeting for
the election or removal of the Mayor, Senior Deputy Mayor or Deputy
Mayor of the Corporation;
As soon as may be after the commencement of this Act a Corporation
comprising of the members as provided under sub-sections (2) and
(3) of this section shall be constituted :
Provided that the first election to the Corporation
may be held within a period of three years and three months after the commence of
Notwithstanding anything contained in sub-section (4), after the
commencement of this Act, all powers and duties conferred and imposed
upon the Corporation by or under this Act, or any other law, shall
be exercised and performed by this Commissioner till a Corporation
is constituted under the aforesaid sub-section.
Duration of Corporation.—(1) The Corporation, unless sooner
dissolved under the provisions of section 400 of this Act, shall
continue for five years from the date appointed for its first meeting
Provided that the Corporation shall be given a reasonable
opportunity of being heard before its dissolution.
(2) An election to constitute the Corporation shall be completed
before the expiry of its duration specified in sub-section (1) ;
before the expiration of a period of six months from the date of
its dissolution :
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.
(3) A Corporation constituted upon its dissolution 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.
(4) If a corporation is not constituted before the expiration
of its duration laid down in sub-section(1), it shall be deemed
to have been dissolved on the expiry of said duration, thereupon,
provisions of sub-section (2) of Section 400 shall be applicable.
Delimitation of wards.—for the purposes of election of members
the Municipal area shall be divided into wards in such manner that
the population of each of the wards shall, so far as may be prescribed:
that there would be one ward for the rural areas each of the Assembly
Constituencies falling the Municipal area and such wards may have
population less than 25,000 :
further that the Government may, from time to time, by notification,
in the Official Gazette, after the number of wards.
Bar to Interference by Courts.—Notwithstanding anything contained
in this Act, the validity of any law relating to the delimitation
of constituencies and the allotment of seats to such constituencies,
made or purporting to be made under this Act or the rules framed
there under, shall not be called in question in any court.
Qualifications for members.—A person shall not be qualified
to be chosen as a member unless.—
he has attained twenty-one years of and ; and
his name is registered as an elector in the electoral roll of a
ward in the Municipal area.---
Disqualifications of members.—(1) A person shall be disqualified
for being chosen as and for being a member of the Corporation—
if he is so disqualified by or under any law for the time being
in force for the purposes of elections to the Legislature of the
if he is so disqualified by or under any law made by the Legislature
of the State.
A person shall also be disqualified for being chosen as, and for
being a member—
if he is of unsound mind and stands so declared by a competent court
if he is an undischarged insolvent ;
if he is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign State, or is under any acknowledgement
of allegiance or adherence to a foreign State ;
if he has, in proceedings for questioning the validity or regularity
of an election, been found to have been guilty of –
any corrupt practice under section 22 of this Act ;
any offence punishable under section 171-E or 171-F of the Indian
Penal Code, 1860, or any offence punishable under section 30 or
clause (a) of sub-section (2) of section 31 of the Act ;
unless a period of five years has elapsed since the date
of the finding ;
if he has been sentenced or convicted by a criminal court to imprisonment
for an offence involving moral turpitute ;
if he holds any office of profits under the Corporation ;
if he is a licensed architect, draftsman, engineer, plumber, surveyor
or town planner or is a partner of a firm of which any such licensed
person is also a partner ;
if he holds any office of profit under the Government ;
if he interested in any subsisting contract made with, or any work
being done for the Corporation except as a share holder (other than
a director) in an incorporated company or as a member of a co-operative
if he is retained or employed in any professional capacity either
personally or in the name of a firm of which he is a partner or
with which he is engaged in a professional capacity, in connection
with any cause or proceedings in which the Corporation or any of
municipal authorities is interested or concerned ;
if he, having held any office under the Government the Corporation
or any other local authority, any Government company or any corporate
body owned or controlled by the Government has been dismissed from
if he fails to pay any arrears of any kind due to him, otherwise,
than as an agent, receiver, trustee or an executor, to the Corporation
within three months after a notice in this behalf has been served
upon him ;
(m) if he furnishes a false caste certificate at the time of filing
nomination and he shall be so disqualified for a period of six years
from contesting the election of the Corporation;
if he is convicted or has been convicted of an offence punishable
under section 29, 30 and 31 of the principal Act, the Prevention
of Corruption ACt, 1988 (49 of 1988) or the Prevention of Terrorism
Act, 2002(15 of 2002);
(o) if he has been convicted, or charges have been framed against him by a court in a criminal case for an offence, punishable with imprisonment for not less than ten years; or
(p) if he fails to pay an arrear of any kind due to him to any Primary Agriculture Co-oerative Society, District Central Co-operative Bank and District Primary Co-operative Agruculture Rural Development Bamk; or
(q) if he fails to pay arears of electericity bills; or
(r) if he has not passed matriculation examination or its equivalent examination from any recognized institution/board:
Provided that in case of a woman candidate or a candidate belonging to Scheduled Caste, the minimum qualification shall be middle pass
Provided further that in case of a woman candidate belonging to Scheduled Caste, the minimum qualification shall be 5th pass; or
(s) if he fails to submit a self declaration to the effect that he has a functional toilet at his place of residence.
Notwithstanding anything contained in sub-section (1) and (2) above.---
a disqualification under clause (e) of sub-section (2) shall not
take affect until three months have elapsed since the date of such
disqualification or if within these three months an appeal or petition
for revision is brought in respect of the conviction or sentence
until that appeal or petition is disposed of ;
a person shall not be deemed to have incurred any disqualification
under clause (f), or clause (g) of sub-section (2) by reason only
of his receiving—
any pension; or
any allowance or facility for serving us a Mayor of Deputy Mayor
or as a member ; or
any fee for attendance at a meeting of any committee of the Corporation
a person shall not be deemed to have any interest in a contract
or work such as is referred to in clause (i) of sub-section (2)
by reason only of his having a share or interest in.—
any lease, sale, exchange or purchase of immovable property or any
agreement for the same ; or
any agreement for the loan of money or any security for the payment
of money only ; or
any newspaper in which any advertisement relating to the affairs
of the Corporation is inserted; or
the sale to the Corporation or to any other municipal authority
or any officer or other employee of the Corporation on behalf of
the Corporation of any article in which he regularly trades or purchases
from the Corporation or from any such authority, officer or other
employee on behalf of the Corporation of any article of a value
in either case not exceeding five thousand rupees in the aggregate
in any year during the period of the contract or work ; or
the letting out on hire to the Corporation or the expiry from the
Corporation of any article of a value not exceeding two thousand
rupees in the aggregate in any year during the period of the contract
or work ;
any agreement or contract with the Corporation or any other municipal
authority for taking water or any other thing which the Corporation
may generally supply.
If a person sits or votes as a member of the Corporation where he
is not qualified or that he is disqualified for such membership
he shall be liable in respect of each day on which he so sits or
votes to penalty of five hundred rupees to be recovered as an arrear
of tax under this Act.
(5) If any question arises as to whether a member of the
Corporation has become subject to any of the disqualifications mentioned
In sub-sections (1) and (2) the question shall be referred for decision
of such authority and in such manner as the Government may by notification
State Election Commission to be the authority, for the purpose of
sub-section (1) and (2) of the this section, to whom the case shall
be referred to for decision through the Deputy Commissioner, Faridabad,
whose decision shall be final.
Restriction on simultaneous or double membership.—(1) No
person shall be an elected member of the Corporation, member of
Legislative Assembly of the State or member of Parliamentary simultaneously.
(2) If an elected member of the Corporation is elected to the Legislative
Assembly or Parliament, as the case may be, he shall cease to continue
as the elected member of the Corporation from the date he is declared
as elected to the Legislative Assembly or Parliament, as the case
Disqualified for failure to keep account of election expenses and
maximum thereof.- (1) Every candidate at an election shall,
either himself or by his election agent, keep a separate and correct
account of all expenditure in connection with the election incurred
or authorised by him or by his election agent from the date of filing
nomination papers to the date of declaration of the result thereof,
both dates inclusive.
The account shall contain such particulars, as may be notified by
the State Election Commission in this behalf.
The total of the said expenditure shall not exceed such amount as
may be notified by the State Election Commission from time to time.
Making of false declaration.-If any person makes in connection
the preparation, revision or correction of an electoral roll; or
the inclusion or exclusion of any entry in or from an electoral
statement or declaration in writing, which is false and which he
either knows or believes to be false or does not believe to be true,
he shall be punishable with imprisonment for a term which may extend
to one month, or with fine which may extend to one thousand rupees,
or with both.
Application of certain sections of Central Act 43 of 1951 to Haryana
Act 16 of 1994.-The provisions of sections 10A, 20B, 28A, 33A,
33B, 125A, 134A, 134B, 135B and 135C of the Representation of the
People Act, 1951 (Central Act 43 of 1951), shall mutatis muntandis
apply to the provisions of this Act.
Election to the Corporation.—(1) The Superintendence, direction
and control of the preparation of electoral rolls for, and the conduct
of, all elections to the Corporation, shall be vested in the State
Election Commission consisting of a Election Commissioner to be
appointed by the Governor.
(2) The State Election Commission shall consult the Government before
announcing the date of election so that the Government as well as
the Corporation may, if so requested by the State Election Commission,
make available to the State Election Commission such staff as may
be necessary for the discharge of the functions conferred on the
State Election Commission under Article 243K and 243ZA of the Constitution
of India and this Act.
In case of reconstitution of the Corporation on account of the expiry
of its duration of five years, such date shall not be earlier than
120 days before the expiry of duration.
In case of reconstitution of the Corporation on account of dissolution
of the Corporation, where the remainder of the period for which
the dissolved Corporation would have continued is six months or
more than six months, such date shall not be later than two months
after the date of dissolution of the Corporation.
In case of filling up of casual vacancy, as specified in section
13, where the remainder of the period for which the casual vacancy
to be filled up is six months or more than six months, such date
shall not be later than two months after the date of occurrence
of such vacancy.
Such election shall be conducted in the manner as may be prescribed.
Constitution and composition of wards Committees etc.—(1)
The Government shall constitute wards committee consisting of one
or more wards within the territorial area of the Corporation in
the manner as may be prescribed.
(2) A member of the Corporation representing a Ward within the territorial
area of he wards Committee shall be a member of the Wards Committee.
(3) Where a Wards Committee consists of ---
one ward, the member representing that ward in the corporation ;
two or more wards, one of the member, representing such wards in
the Corporation elected by the members of wards Committee.
Shall be the Chairperson of that Wards, Committee.
(4) The Wards Committee constituted under this section shall
be entrusted with such powers and functions as may be prescribed.
Reservation of seats.—(1) Seats shall be reserved for the
Scheduled Castes in the Corporation and the number of seats so reserved
shall bear, as nearly as may be, same proportion of the total number
of seat to be filled by direct election in the Corporation, as the
population of the Scheduled Castes in the Municipal area bears,
to the total population of that area and such seats may be allotted
by rotation to such wards having maximum population of persons belonging
to Scheduled Castes.
(2) Not less than one-third of the total number of seats
reserved under sub-section (1) shall be reserved for women belonging
to the Scheduled Castes and such seats may be allotted by rotation
and by lots amongst the wards reserved under sub-section (1).
(3) Not less than one-third (including the number of seats
reserved for women belonging to the Scheduled Castes) of the total
number of seats to be filled by direct election in the Corporation,
shall be reserved for women and such seat may be allotted by rotation
and by lots to different wards in the Corporation except those falling
under sub-sections (1), (2) and (4).
(4) Two seats in the corporation shall be reserved for the
persons belonging to Backward Classes which shall be allotted in
such wards as having maximum population of persons belonging to
(5) The office of mayor shall be filled up from amongst
the members belonging to the general category, scheduled Castes,
Backward Classes and women by rotation and by lots in the manner
as may be prescribed.
(6) The reservation of seat under sub-section (1) and (2)
and the filling up the offices of Mayor, Senior Deputy Mayor and
Deputy Mayor from the Scheduled Castes under sub-section (5) shall
cease to have effect on the expiration of the period specified in
article 334 of the Constitution.
(7) The reservation of seats under sub-sections (1), (2),
(4) and (5) shall be reviewed after every decennial census.
(8) The reservation as enumerated in this section shall be
given effect to, through notification issued at the time of each
Right to vote.--- Every person whose name is, for the time
being entered in the electoral roll for a ward shall be entitled
to vote at an election of a number from that ward.
Filling of casual vacancies.—(1) Whenever a vacancy occurring
by death, resignation or removal, or by vacation of a seat for any
other reason, the vacancy shall be filled within six months of the
occurrence of such vacancy :
that no election shall be held to fill a casual vacancy occurring
within six months prior to the holding of a general election.
(2) Every person elected or nominated to fill a casual vacancy
shall be elected or nominated to serve for the remainder of his
predecessor’s term of office.
(3) If the vacancy be a vacancy reserved for any category,
the vacancy will be filled from the same category.
Publication of results of elections.--- (1) After the declaration
of general election results, the names of elected members shall
be published in the Official Gazette by the State Election Commission
not earlier than one week before the expiry of the duration of the
Provided that notification regaridng by-election results
shall be published in the Official Gazette by the State Election
(2) The names of persons nominated nominated as members shall be
published by the Government as specified under sub-section (13 of
section 4 of this Act.
Election Petition .-- (1) No election of a member shall be
called in question except by an election petition presented to the
authority as may prescribed within thirty days from the date of
the publication of the result of the election under section 14.
(2) An election petition calling in question any such election,
may be presented on one or more of the grounds specified in section
18, 19, 20, 21 and 22 by any candidate at such election or by any
elector of the ward concerned.
(3) A petitioner shall join as respondents to his petition
all the candidates at the election.
(4) An election petition.---
shall, contain a concise statement of the material facts on which
the petitioner relies ;
shall, with sufficient particulars, setforth the ground or grounds
on which the election is called in question ; and
shall be signed by the petitioner and verified in the manner laid
down in the code of Civil Procedure, 1908, for the verification
Relief that may be claimed by the petitioner.—(1) A petitioner
may claim –
a declaration that the election of all or any of the returning candidates
is void ; and
in addition thereto, a further declaration to at he himself or any
other candidate has been duly elected.
(2) The expression ‘returned candidate’ means a candidate
whose name has been published in the Official Gazette under section
Grounds for declaring election to be void.--- (1) Subject
to the provisions of sub-section (2), if the authority as may be
prescribed, is of the opinion.—
that on the date of his election a returned candidate was not qualified
or was disqualified, to be chosen as a member ; or
that any corrupt practice has been committed by a returned candidate
or his agent or by any other person with the consent of a returned
candidate or his agent ; or
that any nomination paper has been improperly rejected ; or
that the result of the election in so far it concerns a returned
candidate has been materially affected:-
by the improper acceptance of any nomination ; or
by any corrupt practice committed in the interest of the returned
candidate by a person other than the candidate or his agent or a
person acting with the consent of such candidate or agent ; or
by the improper acceptance or refusal of any vote or reception of
any vote which is void ; or
by the non-compliance with the provision of the Act, or any rules
or orders made there under.
Such authority shall declare the election of the returned
candidate to be void.
(2) If in the opinion of the prescribed authority, a returned
candidate or his agent has been alleged to be guilty of any corrupt
practice but the prescribed authority is satisfied---
that no such corrupt practice is committed at the election by the
candidate, or such corrupt practice was committed contrary to the
orders, and without the consent of the candidate ;
that the candidate took all reasonable means for preventing the
commission of corrupt practices at the election ; and
that in all other respects the election was free from any corrupt
practice on the part of the candidate or any of his agent.
Such authority may decide that the election of the returned
candidate is not void.
Procedure to be followed by the prescribed authority.---
The Procedure provided in the Code of Civil Procedure, 1908 in regard
to suits, shall be followed by the prescribed authority, in the
trial and disposal of an election petition under this Act.
Decision of prescribed authority.--- (1) At the conclusion
of the trial of an election petition the prescribed authority shall
make an order.---
dismissing the election petition ; or
declaring the election of all or any of the returned candidates
to be void ; or
declaring the election of all or any of the returned candidates
to be void and the petitioner and any other candidate to have been
(2) If any person, who has filed an election petition, has in
addition to calling in question the election of the returned candidate
claimed declaration that he himself or any other candidate has been
duly elected and the prescribed authority is of the opinion.—
that in fact the petitioner or such other candidate received a majority
of the valid votes ; or
that but for the votes obtained by the returned candidate the petitioner
or such other candidate would have obtained a majority of the valid
Such authority shall after declaring the election of
the returned candidate to be void, declare the petitioner or such
other candidate, as the case may be, to have been duly elected.
in case of equality of votes.--- If during the trial of an election
petition it appears that there is an equality of votes between any
candidates at the election and that the addition of a vote would
entitle any of those candidates to be declared elected, then the
prescribed authority shall decide between them by lot and proceed
as if the one on whom the lot falls had received an additional vote.
Finality of decision.—(1) Save as otherwise provided an order
of the prescribed authority on an election petition shall be final.
(2) An election of a member not called in question in accordance
with the forgoing provisions hall be deemed to be a good and valid
(3) Any person aggrieved by the order of the prescribed authority
may file an appeal to the District Judge within a period of thirty
days from the date of the order.
Corrupt practices.—The following shall be deemed to be corrupt
practices of the purposes to this Act.---
(1) Bribery as defined in sub-section (1) of section 123
of the Representation of the People Act, 1951.
(2) Undue influence as defined in sub-section (2) of the
(3) An appeal by a candidate or his agent or by any other
person with the consent of the candidate or his election agent to
vote or refrain from voting on grounds of castes, race, community
or religion or the use of or appeal to, religious symbols or, the
use of or appeal to national symbols such as the national flag or
the national emblem for the furtherance of the prospects of that
(4) The publication by a candidate or his agent or by any
other person with the consent of the candidate or his election agent
of any statement of fact which is false, and which he either believes
to be false or does not believe to be true, in relation to the personal
character or conduct of any candidate, or in relation to the candidature
or withdrawal from contest of any candidate being a statement reasonably
calculated to prejudice the prospects of that candidate’s election.
(5) The hiring or procuring whether on payment or otherwise
of any vehicle or vessel by a candidate or his agent or by any other
person with the consent of the candidate or his election agent for
conveyance of any elector (other than the candidate himself, and
the members of his family or his agent) to or from any polling station
provided in accordance with the rules made under this Act :
that the hiring of a vehicle for vessel by and elector or by several
electors at their joint costs for the purpose of conveying him or
them to or form any such polling station shall not be deemed to
be a corrupt practice under this clause, it the vehicle or vessel
so hired is a vehicle or vessel not propelled by mechanical power
further that the use of any public transport vehicle or vessel or
any railway carriage by an elector at his own cost for the purpose
of going to or coming from any such polling station shall not be
deemed to be a corrupt practice under this clause.
Explanation.—In this sub-section the expression “vehicle” means any
vehicle used or capable of being used for the purpose of road transport
whether propelled by mechanical power or otherwise and whether used
for drawing other vehicles or otherwise.
The holding of any meeting in which intoxicating liquors are served.
(7) The issuing of any circular playcard or poster having
a reference to the election which does not bear the name and address
of the printer and publisher thereof.
(8) Any other practice which the Government may by rules
specify to be corrupt practice.
Maintenance of secrecy of voting.-- (1) Every Officer or
Clerk, agent or other person who performs any duty in connection
with the recording or counting of votes at an election, shall maintain
and laid in maintaining the secrecy of the voting and shall not
(except for some purpose authorized by or under any law) communicate
to any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section
(1), shall be punishable with imprisonment for a term which may
extend to three months or with fine, or with both.
Voting machines at elections.-Notwithstanding anything contained
in this Act or the rules made thereunder, the casting and recording
of votes by voting machines in the Corporation may be adopted in
such manner as the State Election Commission may, having regard
to the circumstances of each case, specify.
the purpose of this section "voting machine" means any
machine or apparatus whether operated electronically or otherwise
and used for casting or recording of votes and any reference to
a ballot box or ballot paper in this Act or the rules made thereunder
shall, save as otherwise provided, be construed as including a reference
to such voting machine wherever such voting machine is used at any
etc. at elections not to act for candidates or to influence voting- (1) No person who is a returning officer, or an assistant
returning officer or a presiding officer or polling officer at an
election or an officer or clerk appointed by the returning officer
or the presiding officer to perform any duty in connection with
an election or a member of a police force, shall in the conduct
or management of the election do any act(other than the giving of
votes) for the furtherance of the prospects of the election of a
(2) No such person an aforesaid shall endeavour-
to persuade any person
to give his vote at an election; or
to dissuade any person
for giving his vote at an election; or
to influence the
voting of any person at an election in any manner.
Any person who contravenes
the provisions of sub-section(I) or sub-section(2) shall be punishable
with imprisonment for a term which may extended to six months or
with fine, or with both.
Prohibition of convassing in or near polling station and of public
meeting on election day.-(1) No person shall, on the date or dates on which
the poll is to take at any polling station’ commit any of the following
acts within the polling station, or in any public or private place
within a distance of hundred metres of the polling station, namely:-
convassing for votes; or
soliciting the votes
of any elector; or
persuading any elector
not to vote for any particular candidate; or
any elector not to vote at the election; or
any notice or sign( other than an official notice relating to the
No person shall convene,
hold or attend any public meeting within any ward on the date or
dates on or at any time within twenty four hours preceding the start
of the poll for an election in that ward.
Any person who contravenes the
provisions of sub-section(I) shall be punishable with fine which
may extend to two hundred and fifty rupees.
An offence committed
under sub-section(I) shall be congnizable.
for disorderly conduct in or near polling station.--(1)
No person shall, on the date or dates on which a poll is taken
at any polling station-
(a) use or operate within
or at the entrance of the polling station or in any public or private
place in the neighbourhood thereof any apparatus for amplifying
or reproducing the human voice, such as a megaphone or a loud speaker;
(b) shout or otherwise acts
in a disorderly manner, within or at the entrance of the polling
station, or in any pubic or private place in the neighbourhood thereof;
so as to cause annoyance to any person visiting the polling station
for the poll, or so as to interfere with the work of the officer
and other persons on duty at the polling station.
person who contravens or wilfully aids or abets the contravention
of the provisions of sub-section(1) shall be punishable with imprisonment
for a tem which may extend to three months or with fine or with
If the presiding officer of a polling station has reason to believe
that any person is committing or has committed an offence punishable
with imprisonment for a term which may extend to three months, or
with fine, or with both.
officer may take such steps and use such force as may be reasonable
necessary for preventing any contravention of the provisions of
sub-section(I), any may seize any apparatus used for such contravention.
Penalty for mis-conduct at the polling station.---- (1) Any
person who during the hours fixed for the poll at any polling station,
misconducts himself or fails to obey the lawful directions of the
presiding officer, may be removed from the polling station by the
presiding officer or by any police officer on duty or by any person
authorised in this behalf by such presiding officer.
The powers conferred by sub-section(I) shall not be exercised so
as to prevent any elector who is otherwise entitled to vote at a
polling station from having an opportunity of voting at that station.
If any person who has been so removed from a poling station, enters
the polling station without the permission of the presiding officer,
he shall be punishable with imprisonment for a term which may extend
to three months or with fine, or with both.
An offence punishable under sub-section(3) shall be cognizable.
Breaches of official duty in connection with election. --- (I)
if any person to whom this section applies is without reasonable
cause guilty of any act or omission in breach of his official duty,
he shall be punishable with fine which may extend to five hundred
rupees. An offence punishable under this section shall be cognizable.
No suit or other legal proceeding shall lie against any such person
for damages in respect of any such act or omission as aforesaid.
The persons to whom this section applies are returning officers
assistant returning officers, presiding officers, polling officers
and any other person appointed to perform any duty in connection
with receipt of nominations or withdrawal of candidatures or the
recording or counting of votes at an election; and the expression
Official duty shall for the purposes of this section be construed
Breach of official duty in connection with preparation of electoral
rolls.-(1)If any person performs any official duty in connection
with the preparation, revision or correction of the electoral roll
or inclusion or exclusion of any entry in or from that roll, is
without reasonable cause, guilty of any act or omission for breach
of such official duty, he shall be punishable with imprisonment
for a term which shall not be less than three months but which may
extend to two years or with fine which may extend to five thousand
rupees or with both.
No suit or other legal proceedings shall lie against any such officer
or other person for damages in respect of any actor omission as
No court shall take cognizance of any offence punishable under sub-section
(1) unless there i a complaint made by order of, or under authority
from, the State Election Commission or the Deputy Commissioner of
the district concerned.
Removal of ballot papers from polling station to be an offence.
--- (I) Any person who at an election fraudulently takes or
attempts to take a ballot paper out of a polling station, or wilfully
aids or abets doing of any such act shall be punishable with imprisonment
for a term which may extend to one year, or with fine which may
extend to five hundred rupees, or with both.
If the presiding Officer of a polling station has reason to believe
that any person is committing or has committed an offence punishable
under sub-section(1), such officer may, before such person leaves
the polling station, arrest or direct a police officer to arrest
such person and may search such person or cause him to be searched
by a police office:
that when it is necessary to cause a woman to be seareched the search
shall be made by another woman with strict regard to decency.
Any ballot paper found upon the person arrested on search shall
be made over for a safe custody to a police officer by the presiding
officer or when the search is made by a police officer, shall be
kept by such officer in safe custody.
Offence punishable under sub-section(I) shall be cognizable.
Offence of booth capturing.--- Whoever commits an offence
of booth capturing, shall be punishable with imprisonment for a
term which shall not be less than six months but which may extend
to two years and with fine, and where such offence is committed
by a person in the service of the Government, he shall be punishable
with imprisonment for a term which shall not be less than one year
but which may extend two three years and with fine.
For the purposes of this section, “booth capturing” includes, among
other things, all or any of the following activities, namely:-
seizure of a polling
station or a place fixed for the poll by any person or persons making
polling authorities surrender the ballot papers or voting machines
and doing of any other act which effects the orderly conduct of
of polling station or a place fixed for the poll by any person or
persons and allowing only his or their own supporters to exercise
their right to vote and prevent others from voting;
threatening any elector
and preventing him from going to the polling station or a place
fixed for the poll, to cast his vote.
Scizure of place
for counting of votes by any person or person making the counting
authorities surrender the ballot papers or voting machines and the
doing of anything which effect the orderly counting of votes;
Doing by any person
in the service of Government, of all or any of the aforesaid activities
or aiding or conniving at any such activity in the furtherance of
the prospects of the election of a candidate.
Oath of affirmation by member.--- (1) Every elected member
shall, before taking his seat, make and subscribe at a meeting of
the Corporation an oath or affirmation according to the following
form, namely :-
“I _____________________________ having been elected as a
member of the Municipal Corporation of _________________________
do swear in the name of God 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) If a person sits or votes as a member before he complied with
the requirements of sub-section (I), he shall be liable in respect
of each day on which he so sits or voted to a penalty of live hundred
rupees to be recovered as an arrear of tax under this Act, and his
vote will be considered invalid.
Removal of and resignation by members.--- (1) The Government
may, by notification remove any member, if in its opinion ---
he becomes subject to any of the disqualifications mentioned in
section 8; or
he has fiagrantly abused his position as a member or has through
negligence or misconduct been responsible for the loss or misapplication
of any money or property of the Corporation ; or
he has become physically or mentally incapacitated for performing
his duties as a member ; or
be absents himself during there successive months from the meetings
of the Corporation ; or
he acts in contravention of the provisions of section 60; or
has, since his election or nomination, become subject to any disqualification
which, if it had existed at the time of his election or nomination,
would have rendered him ineligible under any law for the time being
in force regulating the qualifications of candidates for election
or nomination, or if it appears that he was, at the time of his
election or nomination subject to any such disqualification:
that before making an order under this section, reasonable opportunity
shall be given to the member to be heard and to show cause against
such an order.
(2) If a member resigns his seat by writing under his hand addressed
to the Commissioner, he shall cease to be a member on the date of
acceptance of his resignation and his office shall thereupon fall
Election of Mayor, Senior Deputy Mayor Deputy Mayor and their
term of office.--- (1) The Corporation shall elect one of its
members to be Mayor for such period and in the manner as may be
prescribed and the member so elected shall become Mayor of the Corporation.
that it the office of Mayor is vacated during his tenure on account
of death, resignation or no confidence motion, a fresh election
within a period of one month of the vacancy shall be held from the
same category, for the remainder period.
corporation shall also elect in the manner prescribed, two of its
members to be the Senior Deputy Mayor and Deputy Mayor. The term
of office of the Senior Deputy Mayor and Deputy Mayor shall be for
a period of five years or for the residue period of their offices
as a member, whichever is less :
that if the office of the Senior Deputy Mayor or Deputy Mayor is
vacated during his tenure on account of death, resignation or no
confidence motion, a fresh election for remainder period shall be
held within one month of the vacancy.
(3) The Mayor shall be entitled to be payment of such honorarium
and may be given such facilities in respect of residential accommodation,
telephone, conveyance and the like as may be prescribed.
(4) The Mayor shall have access to the record of the Corporation
may issue directions to the Commissioner or call for reports from
him with a view to ensure proper implementation of the decision
of the Corporation.
of Mayor, Senior Deputy Mayor and Deputy Mayor.--- A member
holding office as Mayor or senior Deputy mayor of Deputy Mayor may
be removed from his office by a resolution of the Corporation passed
by a majority of not less than two-thirds of the elected members
of the Corporation, in the manner as may be prescribed.
Suspension of Mayor, Senior Deputy Mayor and Deputy Mayor.—The
Commissioner of the Division may suspend Mayor, Senior Deputy Mayor
and Deputy Mayor of a Corporation where –
a case against him in respect of any criminal offence is under investigation
enquiry or trail, if in the opinion of the Commissioner of the Division,
the charge made or proceedings taken against him, are likely to
embarrass him in the discharge of his duties or involves moral turpitude
or defect of a character ;
during the course of an enquiry for any of the reason for which
he can be removed under section 37, after giving him a reasonable
opportunity of being heard.
A Mayor, Senior Deputy Mayor or Deputy Mayor, as the case may be,
suspended under sub-section (1), shall not take part in any act
or proceedings of Corporation during the period of suspension and
shall hand over the records, money or any other property o the Corporation
in his possession or under his control—
to senior Deputy Mayor if he is Mayor ;
to Mayor if he is Senior Deputy Mayor and Deputy Mayor; and
in case the Mayor, Senior Deputy Mayor and Deputy Mayor are suspended
to such person as Commissioner of Division may appoint in this behalf:
that the suspension period of Mayor, Senior Mayor and Deputy Mayor,
as the case may be, shall not exceed six months from the date of
issuance of suspension order except in criminal cases, involving
(3) Any person aggrieved by an order passes under sub-section (1)
may, within a period of thirty days from the communication of the
order, prefer an appeal to the Government.