Nagpur Corporation Act,1948
Published on: Mar 3, 2016
Transcripts - Nagpur Corporation Act,1948
THE CITY OF NAGPUR CORPORATION ACT, 19481. Short title, extent and Commencement. (1) This Act may be cited as the City of Nagpur Corporation Act, 1948. (2) Except as is hereinafter otherwise expressly, it applies only to the larger urban area constituting the City of Nagpur. (3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf.7. Incorporation of Corporation. The Corporation shall by the name of the Corporation of the City of Nagpur be abody corporate, and have perpetual succession and common seal, and shall by that namesue and be sued.9. Constitution of Corporation and division of City into wards. (1) The Corporation shall consist of,- (a) one hundred twenty-nine Councillors directly elected at ward elections; (6. Amendment of section 9 of C.P.Bearer II of 1950—In section 9 of the City of Nagpur Corporation Act, 1948, in sub-section (1), in clause (a), for the words “one hundred twenty-nine” the words “one hundred thirty-six” shall be substituted. (b) five nominated Councillors having special knowledge or experience in municipal administration, nominated by the Corporation in the prescribed manner. (2) The State Election Commissioner shall, from time to time, by notification in the Official Gazette, specify for the City the number and boundaries of the wards into which the City shall be divided for the purpose of the ward election of Councillors, so that, as far as practicable, all wards shall be compact areas and the number of persons in each ward according to the latest census figures shall approximately be the same. Each of the wards shall elect one Councillor; Provided that, the provisions made under sub-section (1) or notification issued under sub-section (2) shall not have effect until the expiry of the duration of the existing term of the Corporation. Provided also that, before any notification is issued under sub-section (2), a draft thereof shall be published in the Official Gazette and in such other manner as in the opinion of the State Government is best calculated to bring the information to the notice of all persons likely to be affected
2 thereby, together, with a notice specifying the date on or before which any objections or suggestions will be received, and the date after which the draft will be taken into consideration.9A. Reservation of seats. (1) In the seats to be filled in by election in the Corporation there shall be seats reserved for persons belonging to the Scheduled Caste, the Scheduled Tribes, Backward Class of citizens and women, as may be determined by the State Election Commissioner, in the prescribed manner. (2) The seats to be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in the Corporation shall bear, as nearly as may be, the same proportion to the total number of seats to be filled in by direct election in the Corporation as the population of the Scheduled Castes, or, as the case may be, the Scheduled Tribes, in the Corporation area bears to the total population of that area and such seats shall be allotted by rotation to different wards in the Corporation. Provided that, one thirds of the total number of seats so reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. Provided further that, where only one seat is reserved for the Scheduled Castes, or as the case may be, the Scheduled Tribes, then no seat shall be reserved for women belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes and where only two seats are reserved for the Scheduled Castes, or as the case may be, the Scheduled Tribes, one of the two seats shall be reserved for women belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes. (3) The seats to be reserved for persons belonging to the category of Backward Class of citizens shall be twenty-seven per cent of the total number of seats to be filled in by election in the Corporation and such seats shall be allotted by rotation to different wards in the Corporation: Provided that, one-third of the total number of seats so reserved shall be reserved for woken belong to the category of Backward Class of citizens. (4) One-third (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the category of Backward Class of citizens) of the total number of seats to be filled in by direct election in the Corporation shall be reserved for woken and such seats shall be allotted by rotation to different wards in the Corporation.
3 (5) The reservation of seats (other than the reservation of woken under sub- section (2) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India.9AA.. Person contesting election for reserved seat to submit Caste Certificate and Validity Certificate: Every person desirous of contesting election to a seat reserved for the Scheduled Castes, Scheduled Tribes, or, as the case may be, Backward Class of Citizens, shall be required to submit, along with the nomination paper, Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. Provided that, a person who has applied to the Scrutiny Committee for the verification of his Caste Certificate before the date of filing the nomination paper but who has not received the validity certificate on the date of filing of the nomination paper shall submit along with the nomination paper,- (i) a true copy of the application preferred by him to the Scrutiny Committee for the verification of his Caste Certificate before the date of filing the nomination paper but who has not received the validity certificate on the date of filing of the nomination paper shall submit, along with the nomination paper,- (ii) an undertaking that he shall submit, within a period of four months from the date of his election, the validity certificate issued by the Scrutiny Committee; Provided further that, if the person fails to produce the validity certificate within a period of four months from the date of his election, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a Councillor.”. 9B. State Election Commission. (1) The Superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to the Corporation shall vest in the State Election Commission.
4 (2) The State Election Commissioner may, by order delegates any of his powers and functions to any officer of the Commission or any officer of the State Government not below the rank of Deputy Collector or any officer of the Corporation not below the rank of Assistant Commissioner. (3) All the officers and members of the staff appointed or deployed for preparation of electoral rolls and conduct of election of the Corporation under this Act or the rules shall function under the superintendence, direction and control of the State Election Commissioner. (4) Notwithstanding anything contained in this Act and the rules, the State Election Commissioner may issue such special or general orders or directions which may not be inconsistent with the provisions of the Act for fair and free elections.9C. Powers of State Election Commissioner to issue directions to the prevent impersonation. The State Election Commissioner may, with a view to prevent impersonation ofelectors at the time of election, issue such directions, as be thinks fit, to the presidingofficers and such directions may include instructing the electors to produce, at the time ofpolling, the photo identity cards issued to them under the provisions of the Representationof the Peoples Act, 1951,12. Preparation of municipal election roll. The Assembly roll for the time being in force, on such date as the State ElectionCommissioner may, by general or special order notify, shall be divided by the StateElection Commissioner into different section corresponding to different wards in theCity; and printed copy of each section of the roll so divided and authenticated by theState Election Commissioner or an officer authorised by him, shall be the ward roll foreach ward.13. Enrolment in municipal electoral roll. Every person whose name is included in any ward roll shall be deemed enrolled inthe municipal electoral roll.13A. Person Qualified to vote.B Every person whose name is in final ward roll shall be deemed to be entitled tovote at the ward election and every person whose name is not in the said roll shall bedeemed to be not entitled to vote.14. Qualifications of candidates. (1) Subject to the provisions of this Act, a person who is not less than twenty-one years of age on the last date fixed for making the nomination for any general election or bye-election and is enrolled in the municipal electoral roll as a
5 voter for a ward shall be qualified to be a Councillor, and to be elected either from such ward or from any other ward. (2) Any person who ceases to be a Councillor shall, if qualified under sub-section (1), be eligible for re-election as such.15. Disqualifications of candidates. No person shall be eligible for election as a Councillor if he- (a) is not a citizen of India; or (b) has been adjudged by a competent court to be of unsound mind; or (c) is a leper; or (ca) has, at any time after the commencement of section 8 of the Maharashtra Municipal Corporation (Amendment) Act, 1970, been convicted of an offence punishable under section 153A, or sub-section (2) or (3) of section 505, of the Indian Penal Code: Provided that, such qualification shall be for a period of six years from the date of such conviction; or (d) has been convicted by a Court in India of any offence involving moral turpitude unless a period of six years has elapsed since the date of such convictions; or (e) has been dismissed from the service of the Government for misconduct and has been declared to be disqualified for employment in the public service; or (f) has been dismissed for misconduct from the service of any municipal corporation, municipal committee, notified are committee, district council or local board and has been declared by the State Government to be disqualified for employment in the public service; or (g) has been so disqualified by or under any law,- (i) for the time being in force for the purpose of elections to the Legislature of the State. Provided that no person shall be disqualified on the ground that he is less than he is less than twenty-five years of age, if he has attained the age of twenty-one years;
6 (ii) made by the Legislature of the State of Maharashtra.(g-1)is a servant of Government and is remunerated by salary or honorarium (which expression shall not include fees or commission); or(h) holds any salaried office under or place of profit in the gift or disposal of the Corporation or any other local authority, while holding such office or place; or(i) has directly or indirectly any share or interest in any contract with, by or on behalf of the Corporation while owning such share or interest: Provided that a disqualification under clause (e),(f) or (i) may be removed by an order of the State Government in this behalf. Explanation: A person shall not, by reason of being a shareholder in or a member of any incorporate or registered company, be deemed to be interested in any contract entered into between the company and the Corporation. Amendment of Section 15 of C.P., and Bearer II of 1950.—In section 15 of the City of Nagpur Corporation Act, 1948, after clause (i), the following clause shall be added namely –(j) is elected and becomes a Member of the State Legislature or of Parliament, or if he is already a member of the State Legislature or of Parliament, unless he resigns as such member, within a period of one month from the date of coming into force of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Ordinance, 2001. Amendment to the City of Nagpur Act, 1948 In Section 15 of the City of Nagpur Corporation Act, 1949 after clause (i), below the Explanation, the following clause shall be added namely:-“(j) has more than two children: Provided that, a person having more than two children on the date of commencement of the Maharashtra Municipal Corporations and Municipaln Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 1995 (hereinafter in this clause referred to as “the date of such commencement”), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase: Provided further that a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not
7 be taken into consideration for the purpose of disqualification mentioned in this clause. Explanation – For the purpose of this clause, -- (i) where a couple has only one child on or after the date of such commencement , any number of children borne out of a single subsequent delivery shall be deemed to be one entity; (ii) “child” does not include an adopted child or children.”16, Publication of names of Councillors in the Official Gazette. The names of all persons elected to be the Councillors shall be published by theState Election Commissioner in the Official gazette.17. Duration of Corporation. (1) The Corporation shall, unless sooner dissolved, continue for a period of five years from the date appointed for its first meeting and no longer. (2) A Corporation constituted upon the dissolution of the Corporation 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.17A. Term of office Councillors. The term of office of the Councillors shall be co-terminus with the duration of theCorporation.17B. Election constitute Corporation. An election to constitute the Corporation shall be completed,-- (a) before the expiry of its duration specified in sub-section (1) of Section 17; or (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. 18. Filling up of casual vacancies. (1) In the event of failure to accept office by a person elected to be a Councillor, or of the death, resignation or disqualification of a Councillor, or of his becoming incapable of acting before the expiry of his term of office, a casual vacancy shall be deemed to have occurred in such office and such vacancy
8 shall be filled as soon as conveniently may be but not later than six months by the election of a person thereto as Councillor, who shall take office forthwith and shall hold such office for the unexpired term of his prodecessor: (2) Notwithstanding anything contained in sub-section (1), no election shall be held for the filling of a vacancy if general election is due to be held in six months of the occurrence of such vacancy:19. Effect of subsequent disabilities. If any person having been elected or nominated a Councillor,-- (a) subsequently becomes subject to any of the disqualifications specified in section 15 and such disqualification is not removable or being removable is not removed, or (a-1) has been disqualified under the Maharashtra Local Authority Members’ Disqualification Act, 1986, for being a councillor, or (b) absent himself during three consecutive months from the meetings of the Corporation, except from temporary illness or for any other cause which the Corporation may consider sufficient to justify such absence, or (c) is retained or employed in any professional capacity in connection with any matter to which the Corporation is a party, or (d) absence himself during six consecutive months from the meeting of the Corporation, or (e) fails to pay any arrears of any kind due by him to the Corporation within three months after a special notice in this behalf has been served upon him by the Commissioner, Such person shall cease to be a Councillor and the State Government shall, by notification, declare his seat to a vacant.