Administration of municipalities
(1) Notwithstanding any provision of the Municipal Ordinance to the contrary the municipal affairs of every municipality in a State shall be administered by a Council consisting of a President
and a Deputy President (if one be appointed) and such number of elected or of elected and of appointed Councillors as may be prescribed by the Constitution granted to such municipality:
Provided that nothing in this subsection shall prevent the Legislature of a State to provide in the Municipal Ordinance for the transfer of any of the functions of the Council relating to the municipal affairs of the municipality to any person, officer or authority for such period as the State Authority may deem necessary or desirable in the public interest.
(2) Such Constitution may provide for the election of the President and of all the Councillors, and shall in all cases provide that—
(a) the total number of Councillors (exclusive of the President) shall be not less than six and not more than twenty-four; and
(b) the number of elected Councillors shall be at least a majority of the total number of Councillors (exclusive of the President).
Grant of Constitution of municipality
(1) The State Authority shall, after consultation with the Election Commission in respect of the boundaries of the local area and the number of Councillors to be elected to such municipality, by order grant to each municipality created within the State under the Municipal Ordinance at any time after the coming into operation of this Act, and within three months of the date of the notification creating such municipality, a Constitution under this Act.
(2) Subject to subsection (3), every Constitution granted under this Part may—
(a) prescribe the total number of Councillors;
(b) prescribe the number of Councillors to be elected and the number (if any) to be appointed;
(c) prescribe the manner in which the President and Deputy President of the Council shall be appointed or elected;
(d) prescribe the powers and duties of the Deputy President of the Council;
(e) subject to this Act, prescribe the disqualifications of Councillors and candidates for election as Councillors;
(f) prescribe the manner in which appointed Councillors shall be appointed and, subject to the provisions of this Act, the term of office of appointed Councillors;
(g) subject to this Act, prescribe the circumstances in which the seat of any Councillor shall become vacant and the manner in which such vacancy shall be filled;
(h) prescribe the number of Councillors present at any meeting which shall constitute a quorum;
(i) provide for the payment to Councillors of allowances and other privileges and of a salary or allowance to the Councillor for the time being performing the duties of the President or Deputy President;
(j) regulate or authorize the making of rules by the Council of the municipality to regulate the procedure at meetings.
(3) Every Constitution granted under this section shall be laid on the table of the Legislative Assembly of the State concerned and shall not come into operation until it has been approved, with or without amendment, by a resolution of such Legislative Assembly.
(4) Upon a Constitution being approved under subsection (3) it shall, together with any amendments so approved, be published in the Gazette of the State within which the municipality is situate.
(5) Every Constitution published under subsection (4) shall have the force of law and shall have effect notwithstanding any provision in the Municipal Ordinance to the contrary; and on and after the date of the coming into operation of any such Constitution any reference in any written law to the President or Deputy President or to the Municipal Commissioners or to the Municipal Commissioner or Commissioners of a municipality to which such Constitution refers shall be deemed to be a reference to the President or the Deputy President or to the Municipal Councillor or Councillors respectively appointed or elected under such Constitution; and such Councillors shall be deemed to be the successors of any Commissioners appointed for such municipality under the Municipal Ordinance without any break in such succession, as if such Councillors had been duly appointed under such Ordinance:
Provided that where the State Authority pursuant to any power in the Municipal Ordinance transfers any of the functions of the Council relating to the municipal affairs of a municipality to any person, officer or authority the Constitution aforesaid (or so much
of the provisions thereof as may be specified in the order effecting such transfer) shall during the period of the transfer be deemed to be suspended and shall cease to have the force of law and shall cease to have effect.
(6) Subject to Article 76 of the Constitution, no Constitution in operation under this Act shall be amended, modified or repealed otherwise than by a law passed by the Legislature of a State.
