Office Bearers

 Sec 10 - Mayor or Chairman of a Municipality

• There shall be a Chairman in every Town Panchayat and Municipal Council and a
Mayor in every Municipal Corporation who shall be elected by the elected
Councillors of the respective Municipalities from among themselves, in such
manner as may be prescribed (The Chairperson shall be a full-time functionary of
the Municipality).
• "Chairperson" in relation to a Town Panchayat or a Municipal Council means the
Chairman of that Town Panchayat or Municipal Council and in relation to a
Municipal Corporation, the Mayor of that Municipal Corporation.
• Such number of the offices of Chairman of Town Panchayats and Municipal
Councils and Mayor of Municipal Corporations shall be reserved for the SC/ST.
• Not less than one-third of the total number of offices of the Chairpersons in the
Town Panchayats, Municipal Councils and Municipal Corporations shall be
reserved for women.
 Sec 11 - Deputy Chairpersons of the Municipalities
• There shall be a Vice-Chairman in every Town Panchayat and
Municipal Council and a Deputy Mayor in every Municipal Corporation
who shall be elected by the elected Councillors of the respective
Municipalities from among themselves in such manner as may be
prescribed.
• Where the office of a Chairperson is vacant, the Deputy Chairperson
shall exercise the powers and discharge the duties of the Chairperson
until a newly elected Chairperson assumes office.
• "Deputy Chairperson" in relation to a Town Panchayat or a Municipal
Council means the Vice-Chairman of that Town Panchayat or Municipal
Council and in relation to a Municipal Corporation, the Deputy Mayor
of that Municipal Corporation.
 Sec 12 - Election of the Chairperson and Deputy Chairperson
 Sec 13 - Honorarium and Allowances to Chairperson, Deputy
Chairperson and Councillors of Municipalities
 Sec 14 - Functions of the Chairperson
The Chairperson of a Municipality shall-
(a) Convene the meetings of the Council
(b) Exercise the powers and discharge the duties specifically conferred
or imposed on him by this Act.
(c) Exercise overall supervision over the working of the Municipality
and shall co ordinate the functions of the Municipality, the Secretary
and the Committees thereof.
 Sec 15 - Powers of Chairperson
• The Chairperson shall have powers of inspection and may give such
directions and orders as he thinks fit with regard to the implementation
of any resolution of the Council or Committees in the discharge of any
function of a Municipality and the Secretary shall be bound to comply
with such direction.
• Preside over and control the proceedings of the meetings of the council
of the Municipality of which he is the Chairperson.
• supervise and control the acts done and steps taken by the officers and
employees of the Municipality, prepare the confidential report of the
Secretary and also review the confidential reports prepared by the
Secretary in respect of other employees.
• authorize the payment and repayment of money relating to the
Municipality
• cause to be prepared the statements and reports required to be prepared
by or under this Act;
• The Chairperson may, in emergent circumstances, direct the execution
of any work or performance of any act, in respect of which sanction of
the Council is necessary and in his opinion the immediate execution or
performance of which is necessary for the safety of the public and may
also direct that the expenses incurred for the execution of such work or
performance of such act be paid from the fund of the Municipality.
• The Chairperson shall have the power to suspend from service any
officer or employee in the service of Municipality if necessary, other
than the Secretary and other Government Officers in the Gazetted
rank.
The Chairperson shall have the power to call for from the Secretary or
any other officer under the Municipality, any file and record in writing
relating to the administration of the Municipality and issue directions
and orders.
 Sec 16 - Access to records and channel of correspondence
The Chairperson shall have power to inspect all records of the
Municipality and direct the Secretary to submit such records as he thinks
necessary, for inspection.
 Sec 17 - The Chairperson to be a member of every Committee
The Chairperson shall be an ex-officio member of every Committee of a
Municipality and shall have all powers of a member of such Committee
except the right to vote.
 Sec 18 - Delegation and devolution of functions of Chairperson
The Chairperson may, by order in writing, delegate any of his functions to the
Deputy Chairperson and he shall not delegate any of his functions which the
Council expressly prohibits him from delegating.
 Sec 19 - Motion of no-confidence
A motion expressing want of confidence in the Chairperson or Deputy Chairperson
may be moved in accordance with the procedure laid down in this section.
 Sec 31 - Rights and Powers of Councillors
Every Councillor of a Municipality shall have the right :
• To call the attention of the Chairperson or Secretary of the Municipality to any
neglect in the execution of municipal work, to any waste of municipal property,
or to the needs of any locality in the municipal area, to inspect the works or
schemes conducted by the Municipality and may suggest improvements which
may appear to him desirable.
• To move resolutions and to interpellate the Chairperson on matters
connected with the Administration of a municipality subject to such
regulations, as may be framed by the Council.
• Of access to the records of the Municipality during office hours after due
notice to the Secretary, provided that the Commissioner may, with the
approval of the Chairperson, for reasons given in writing, refuse such
access.
 Sec 40 - The resignation of the Chairperson, Deputy Chairperson or
Councillor (give resignation directly or through registered post to the
secretary).
 Sec 41 – While vacating office, there is a duty upon the Chairperson,
Deputy Chairperson, etc., to hand over charge of office and all records and
properties belonging to the Municipality which are in their custody to the
persons who so assume charge.
 Sec 48 - The Secretary of Municipality
• Appointed by the Government in consultation with that municipality
• He shall be the Executive Officer of the Municipality and the other officers
and employees of the Municipality shall be subordinate to him.
• The Secretary shall not without the sanction of the Municipality or the
Government, undertake any work unconnected with his office.
• The pay and allowances of the Secretary, as fixed by the Government from
time to time, shall in the first instance to be paid from the State funds.
• The Secretary shall be the custodian of all Municipal properties and
records including all papers and documents connected with the
proceedings of the Council and the Standing Committees and other
Committees, and shall arrange for the performance of such functions, as
may be entrusted to him by the said bodies.
• The Government may grant leave to the Secretary and appoint a
substitute or nominate an officer to hold charge of his office during his
absence.
• The Government may, at any time, transfer the Secretary, from a
Municipality.
• The Council shall, subject to the rules that may be made in this behalf,
be competent to impose minor penalties on its Secretary.
• An appeal may be filed against the order of the Council imposing any
minor penalty, before the authority authorized by the Government in
this behalf.
• Where disciplinary proceedings have to be initiated against the
Secretary, the Chairperson shall have the power to conduct an enquiry
against him and in the case of imposition of a major penalty.
 Sec 49 - Functions of the Secretary
• Record his opinion in writing on all matters with which he is
concerned and which require the decision of the Chairperson, the
Council or the Standing Committee.
• Implement the resolutions of the Council and the Standing Committee
• Furnish periodical reports to the council and the standing committees
• Implement the directions of the Chairperson
• Exercise such of the powers and perform such of the functions as may
be specifically conferred or delegated by or under this Act
• Incur the expenditure authorized by the council or the Chairperson,
subject to the budgetary provision.
• Make payments for all kinds of expenditure authorized by the Municipality,
either by cheque or in cash.
• Maintain and keep the accounts as to the receipts and expenditure of the
Municipality and be responsible for the safe custody of the Municipal fund.
• Keep the records in respect of the meetings and proceedings of the council,
standing committees and other committees.
• Take disciplinary action against the Municipal employees with the
knowledge of the Chairperson.
• Assist the Chairperson and the council to co-ordinate the functions of the
officers and institutions transferred to the Municipality.
• All litigations for or against the Municipality shall be conducted by or
against the Secretary.
 Sec 50 - Rights and duties of Secretary
• The Secretary shall attend the meetings of the Council and the meetings of
the Standing Committee or any other Committee of a Municipality and
may take part in the discussions thereat; as an advisor, but shall not have
the right to move any resolution or to vote.
• Subject to any direction given or any restriction imposed by the
Government or the Municipality, the Secretary may, by order in writing,
delegate any of his functions to any officer or employee of the
Municipality who shall be bound to carry out such functions. The
discharge of the functions so delegated shall be subject to such
restrictions, limitations and conditions as may be laid down by the
Secretary and shall also be subject to his control and revision.
• The officer or employee to whom the power is delegated shall have all the
rights, privileges and authority of the Secretary with respect to such
functions and shall like-wise be subject to all liabilities arising out of the
exercise of such powers, privileges or authority.
• The Secretary shall give the required information regarding the functions
of the Municipality to the Government or to the officers or to the agency
authorized by it.
• The Secretary shall be responsible for furnishing necessary information to
the Legislative Committee or answer the Legislative Assembly
interpellations and in order to avoid delay, such information may be sent
directly to the Government or to the officer authorized by it in this behalf
and thereafter submit to the Chairperson for information.
• The Secretary shall take follow up action on performance audit reports
and other audit reports.
 Election Officers
• Sec 70 - District Election Officers
Appointed by State election commission in consultation with the Government for
each district. District Election Officer shall co-ordinate and supervise all functions
in connection with the conduct of the election, including the preparation and
renewal of voters list with respect to each ward coming under his jurisdiction.
• Sec 72 - Electoral Registration Officers
He shall prepare and renew the voters list with respect to each ward of a
Municipality.
• Sec 96A - Election observers
For observing the election in every Municipality appointed by state election
commission.
• Sec 97 - Returning Officers
It shall be the general duty of the Returning Officer at any election to do
all such acts and things as may be necessary for effectively conducting
the election.
• Sec 98 - Assistant Returning Officers
• Sec 102 - Appointment of Presiding Officers for polling stations
• Sec 103 - General duty of the Presiding Officer
It shall be the general duty of the Presiding Officer at a polling station to
keep order thereat and to see that the poll is fairly taken.
• Sec 104 - Duty of a Polling Officer
It shall be the duty of the Polling Officer at a polling station to assist the
Presiding Officer for such station in the performance of his functions.