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EXTRACT FROM HARYANA MUNICIPAL CORPORATION ACT, 1994

 

I N D E X

ACT No.
TITLE
1
Short title, extent and commencement.
2
Definitions.
3
Declaration of Municipal area as Corporation.
4
Incorporation and constitution of Corporation.
5
Duration of Corporation.
6
Delimitation of ward.
6A
Bar to Interference by Courts.
7
Qualifications for members.
8
Disqualifications of members.
8A
Restricts on simultaneous or double membership.
8B
Disqualification for failure to keep account of election expenses and maximum thereof.
8C
Making false declaration.
8D
Application of certain sections of Central Act 43 of 1951 to Haryana Act 16 of 1994.
9
Election to the Corporation.
10
Constitution and composition of wards Committees etc.
11
Reservation of seats.
12
Right to vote.
13
Filling of casual vacancies.
14
Publication of results of elections.
15
Election Petitions
16
Relief that may be claimed by the  petitioner.
17
Grounds for declaring election to be void.
18
Procedure to be followed by the prescribed authority.
19
Decision of prescribed Authority.
20
Procedure in case of equality of votes.
21
Finality of decision.
22
Corrupt practices.
23
Maintenance of secrecy of voting.
23A
Voting machines at elections.
24
Officers etc. at elections not to act for candidates or to influence voting.
25
Prohibition of convassing in or near polling station and of public meeting on election day.
26
Penalty for disorderly conduct in or near polling station.
27
Penalty for mis-conduct at the polling station.
28
Breaches of official duty in connection with election.
28A
Breaches of official duty in connection with preparation of electoral roll.
29
Removal of ballot papers from polling station to be an offence.
30
Offence of booth capturing.
33
Oath of affirmation by member.   
34
Removal of and resignation by members.
36
Election of Mayor, Senior Deputy Mayor, Deputy Mayor and their term of office.           
37
Removal of Mayor, Senior Deputy Mayor and Deputy Mayor.
37A
Suspension of Mayor, Senior Deputy Mayor and Deputy Mayor.

     

THE HARYANA MUNICIPAL CORPORATION ACT, 1994
Haryana Act No.16
AN
ACT

To provide for the establishment of Municipal Corporations for certain municipal areas in the State of Haryana.

BE is enacted by the Legislature of the State of Haryana in the Forty fifth  year of the Republic of India, as follows:-

PRELIMINARY

1.  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.

2. Definition.- In this Act, unless the context otherwise requires,--

(1) xxxxxx

(3) “by-law” means a bye-law made under this Act, by notification in the official Gazette ;

(4) “commissioner” means the Commissioner of the Corporation appointed by the State Government.

(5)  “Corporation” means the Municipal Corporation declared and constituted under Section 3 and 4 of this Act ;

(6) “Corrupt practice” means any of the practices specified in section 22 ;

(7) “Casual Vacancy” means a vacancy occurring otherwise than by efflux of time in the office of a member or in any other elective office ;

(8) xxxxxx

(11) “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 ;

(12) xxxxxx

(19) “Government” means the Government of the State of Haryana ;

(20) xxxxxx

(24) “members” means a member of the Corporation ;

(25) xxxxx

(30) “Municipal Area” means the territorial area of the Corporation declared under section 3 of this Act ;

(31) “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 ;

(32) xxxxxx

(45) “Population” means any population as ascertained at the last preceding census of which the relevant figures have been published ;

(46) xxxxxx

(48) “regulation” means a regulation made by the Corporation under this Act, by notification in the official Gazette ;

(49) xxxxxx

(51) “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 defined ;

(52) xxxxxx

(53) xxxxxx

(56) “State Election Commission” means the State Election Commission constituted by the State Government under articles 243K and 243ZA of the Constitution of India ;

(57) xxxxxx

(61)  “ward” means a municipal ward of the Corporation made under sub-section (2) of section 4 for the purpose of lection of a member ;

(62) xxxxxx

(67) “year” means a year commencing on the 1st day of April.

3. 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 Corporation)”:

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.

 CONSTITUTION OF CORPORATION

4. 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 sued.

(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 as wards.

(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 Corporation:-

(i) not more than three persons having special knowledge or experience in municipal administration;

(ii) members of the House of the People and the members of the Legislative Assembly representing constituencies which comprise wholly or party the Municipal Area ;

(iii) members of the Council of State registered as electors within  the Municipal Area ;

Provided that the persons referred to in clause (i) above shall not have the right to vote in the meetings of the Corporation;

Provided 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;

(4) 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 six months after the commence of this Act.

(5) 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.

5.  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 :-

(a) before the expiry of its duration specified in sub-section (1) ;

(b) before the expiration of a period of six months from the date of its dissolution :

Provided 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.

6. 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:

Provided 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 :

Provided further that the Government may, from time to time, by notification, in the Official Gazette, after the number of wards.

6A. 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.

7. Qualifications for members.—A person shall not be qualified to be chosen as a member unless.—

(a)  he has attained twenty-one years of and ; and

(b) his name is registered as an elector in the electoral roll of a ward in the Municipal area.---

8. Disqualifications of members.—(1) A person shall be disqualified for being chosen as and for being a member of the Corporation—

(a) 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 State ;

(b) if he is so disqualified by or under any law made by the Legislature of the State.

(2) A person shall also be disqualified for being chosen as, and for being a member—

(a) if he is of unsound mind and stands so declared by a competent court ;

(b) if he is an undischarged insolvent ;

(c) 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 ;

(d) if he has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty of –

(i) any corrupt practice under section 22 of this Act ;

(ii) 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 ;

(e) if he has been sentenced or convicted by a criminal court to imprisonment for an offence involving moral turpitute ;

(f) if he holds any office of profits under the Corporation ;

(g) 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 ;

(h) if he holds any office of profit under the Government ;

(i) 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 society ;

(f) 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 ;

(k) 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 service ;

(l) 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;

(n) 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).

(3) Notwithstanding anything contained in sub-section (1) and (2) above.---

(a) 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 ;

(b) 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—

(i)  any pension; or

(ii) any allowance or facility for serving us a Mayor of Deputy Mayor or as a member ; or

(iii) any fee for attendance at a meeting of any committee of the Corporation ;

(c) 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.—

(i)  any lease, sale, exchange or purchase of immovable property or any agreement for the same ; or

(ii) any agreement for the loan of money or any security for the payment of money only ; or

(iii) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted; or

(iv) 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

(v) 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 ;

(vi) 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.

(4) 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 provide.

The 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.

8A.  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 may be.

8B. 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.

(2) The account shall contain such particulars, as may be notified by the State Election Commission in this behalf.

(3) The total of the said expenditure shall not exceed such amount as may be notified by the State Election Commission from time to time.

8C. Making of false declaration.-If any person makes in connection with-

(a) the preparation, revision or correction of an electoral roll; or

(b) the inclusion or exclusion of any entry in or from an electoral roll,

a 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.

8D. 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.

9. 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.

(3) 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.

(4) 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.

(5) 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.

(6) Such election shall be conducted in the manner as may be prescribed.

10.  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 ---

(a)  one ward, the member representing that ward in the corporation ; or

(b) 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.

11. 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 Backward Classes.

(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 election.

12. 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.

13. 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 :

Provided 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.

14. 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 existing Corporation:

Provided that notification regaridng by-election results shall be published in the Official Gazette by the State Election Commission forthwith.

(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.

15. 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.---

(a) shall, contain a concise statement of the material facts on which the petitioner relies ;

(b) shall, with sufficient particulars, setforth the ground or grounds on which the election is called in question ; and

(c)  shall be signed by the petitioner and verified in the manner laid down in the code of Civil Procedure, 1908, for the verification of pleadings.

16. Relief that may be claimed by the  petitioner.—(1) A petitioner may claim –

(a)  a declaration that the election of all or any of the returning candidates is void ; and

(b) 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 14.

17. 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.—

(a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a member ; or

(b) 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

(c) that any nomination paper has been improperly rejected ; or

(d) that the result of the election in so far it concerns a returned candidate has been materially affected:-

(i) by the improper acceptance of any nomination ; or

(ii) 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

(iii) by the improper acceptance or refusal of any vote or reception of any vote which is void ; or

(iv) 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---

(a) 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 ;

(b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election ; and

(c) 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.

18. 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.

19.  Decision of prescribed authority.--- (1) At the conclusion of the trial of an election petition the prescribed authority shall make an order.---

(a)  dismissing the election petition ; or

(b) declaring the election of all or any of the returned candidates to be void ; or

(c) declaring the election of all or any of the returned candidates to be void and the petitioner and any other candidate to have been duly elected.

(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.—

(a) that in fact the petitioner or such other candidate received a majority of the valid votes ; or

(b) that but for the votes obtained by the returned candidate the petitioner or such other candidate would have obtained a majority of the valid votes.

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.

20. Procedure 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.

21. 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 election.

(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.

22. 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 said section.

(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 candidate’s election.

(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 :

Provided 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 :

Provided 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.

(6) 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.

23. 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.

23A. 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.

Explanation.-For 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 election.

24.     Officers 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 candidate.

(2) No such person an aforesaid shall endeavour-

(a)   to persuade any person to give his vote at an election; or

(b)   to dissuade any person for giving his vote at an election; or

(c)   to influence the voting of any person at an election in any manner.

(3)      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.

25. 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:-

(a)    convassing for votes;  or

(b)   soliciting the votes of any elector; or

(c)  persuading any elector not to vote for any particular candidate; or

(d)    persuading any elector not to vote at the election; or

(e) exhibiting any notice or sign( other than an official notice relating to the election.

(2)   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.

(3) Any person who contravenes the provisions of sub-section(I) shall be punishable with fine which may extend to two hundred and fifty rupees.

(4)   An offence committed under sub-section(I) shall be congnizable.

26.    Penalty 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; or

(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.

(2)     Any 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 both.

(3) 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.

(4)   Any police 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.

27. 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.

(2) 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.

(3) 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.

(4) An offence punishable under sub-section(3) shall be cognizable.

28. 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.

(2) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid.

(3) 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 accordingly.

28A. 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.

(2) No suit or other legal proceedings shall lie against any such officer or other person for damages in respect of any actor omission as aforesaid.

(3) 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.

29. 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.

(2) 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:

Provided 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.

(3) 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.

(4) Offence punishable under sub-section(I) shall be cognizable.

30. 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.

Explanation-  For the purposes of this section, “booth capturing” includes, among other things, all or any of the following activities, namely:-

(a)   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 election;

(b)   taking possession 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;

(c)   threatening any elector and preventing him from going to the polling station or a place fixed for the poll, to cast his vote.

(d)   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;

(e)   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.

31. xxxxxx

33. 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.

34. Removal of and resignation by members.--- (1) The Government may, by notification remove any member, if in its opinion ---

(a) he becomes subject to any of the disqualifications mentioned in section 8; or

(b) 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

(c) he has become physically or mentally incapacitated for performing his duties as a member ; or

(d) be absents himself during there successive months from the meetings of the Corporation ; or

(e) he acts in contravention of the provisions of section 60; or

(f) he 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:

Provided 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 vacant.

35. xxxxxx

36.  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.

Provided 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.

The 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 :

Provided 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.

37. Removal 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.

37A. 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) 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 ;

(b)  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.

(2) 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—

(i) to senior Deputy Mayor if he is Mayor ;

(ii) to Mayor if he is Senior Deputy Mayor and Deputy Mayor; and

(iii) in case the Mayor, Senior Deputy Mayor and Deputy Mayor are suspended to such person as Commissioner of Division may appoint in this behalf:          

Provided 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 moral turpitude.

(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.

 

 
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Copyright 2003