Section 41B. Chairperson of Wards Committee

PART II Section 2,― (a) for clause (1), substitute― ‗(1) ―Administrator‖ means the administrator of the Union territory of Chandigarh appointed by the President under article 239 of the Constitution; (1A) ―backward classes‖ means any of the backward classes specified from time to time by the Administrator and whose names are published in the Official Gazette;'; (b) omit clause (6); (c) after clause (7), insert― ‗(7A) ―Corporation‖ means the Municipal Corporation of Chandigarh constituted under this Act;'; (d) after clause (8), insert― ‗(8A) ―councillor‖, in relation to the Corporation, means a person elected or nominated under sub-section (3) of section 4;'; (e) for clause (10), substitute― ‗(10)―district‖ means district of Chandigarh covering the entire area of the Union territory of Chandigarh; (10A) ―District Planning Committee‖ means a Committee constituted under article 243ZD of the Constitution;'; (f) omit clause (12); - (g) after clause (14), insert― ‗(14A) ―Election Commission‖ means the Election Commission of the Union territory of Chandigarh referred to in section 10;'; - (h) after clause (17), insert― ‗(17A) ―Finance Commission‖ means the Finance Commission of the Union territory of Chandigarh referred to in section 84A;'; - (i) for clause (23), substitute― ‗(23) ―licensed architect‖, ―licensed engineer‖ and ―licensed plumber‖ mean respectively a person registered and licensed as architect, engineer and plumber under section 16 of the Capital of Punjab (Development and Regulation) Act, 1952 (Punjab Act XXVII of 1952);'; - (j) after clause (26), insert― ‗(26A) ―Municipality‖ means an institution of self-government constituted under article 243Q of the Constitution; (26B) ―Municipal area‖ means the territorial area of the Municipality as is notified by the Administrator under section 3 of the Act;'; - (k) after clause (36), insert― ‗(36A) ―population‖ means the population as ascertained at the last preceding census of which the relevant figures have been published;'; - (l) after clause (37), insert― ‗(37A) ―prescribed authority‖ means such authority or officer as the Administrator may, from time to time, by order to be published in the Official Gazette, prescribe: Provided that the Administrator may prescribe different authorities or officers for different provisions of this Act;'; - (m) for clause (43), substitute― ‗(43) ―public street‖ means any street or the soil below the surface thereof which is specifically vested in the Corporation by an order of the Administrator issued in this behalf;'; (n) for clause (51), substitute― ‗(51) ―rural areas‖ means the areas of the Union territory of Chandigarh which are not urban areas;'; - (o) for clause (52), substitute― ‗(52) ―Scheduled Caste‖ means any of the Scheduled Castes specified in Part II of the Schedule to the Constitution (Scheduled Castes) (Union territories) Order, 1951;'; - (p) for clause (60), substitute― ‗(60) ―urban areas‖ means such areas as the Administrator, may, having regard to the population of the area, density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify to be urban area by notification in the Official Gazette;'. After section 2, insert― ― 2A. The application of certain definitions of the Capital of Punjab (Development and Regulation) Act, 1952. ―The words used and not defined in this Act but defined in the Capital of Punjab (Development and Regulation) Act, 1952 (Punjab Act XXVII of 1952) shall have the meanings respectively assigned to them in that Act.‖. For section 3, substitute― ― 3. Declaration of area to be municipal area. ―(1) For the purposes of this Act, the Administrator shall, by notification, specify such territorial area of the Union territory of Chandigarh to be the Municipal area of the Municipal Corporation of Chandigarh. (2) The Administrator may, from time to time, after consultation with the Corporation, by notification, alter the limit specified under sub-section (1) so as to include therein or to exclude therefrom such area as may be specified in the notification. The Corporation shall send its views to the Administrator within a period of three months of the date on which it is first consulted. (3) The power to issue a notification under sub-section (2) shall be subject to the condition of previous publication. (4) When the limits specified under sub-section (1) are altered so as to include therein any area, this Act and, except as the Administrator may otherwise by notification direct, all rules, notifications, bye-laws, orders, directions and powers made, issued or conferred and all taxes and fees imposed under this Act and in force throughout the area specified under sub-section (1) shall apply to such included area.‖. Section 4,― - (a) for sub-section (1), substitute― ―(1) For the purposes of carrying out the provisions of this Act, there shall be a corporation charged with the municipal government, to be known as the Municipal Corporation of Chandigarh.‖; (b) in sub-section (2), for ―Every‖, substitute ―The‖; (c) for sub-section (3), substitute― - ―(3) The Corporation shall be composed of the following members, namely:― - (i) members to be directly elected, representing wards; (ii) nine members with voting rights to be nominated by the Administrator, from amongst the persons who are eminent or distinguished in public affairs or those who have special knowledge or practical experience in respect of[1] [municipal administration; and] 1. Subs. by Act 50 of 2000, s. 2, for ―municipal administration‖ (w.e.f. 11-12-2000). 1[(iii) the member of House of the People representing the constituency which comprises wholly or partly, the municipal area, with the right to vote.] Section 5.―In sub-section (2),― - (i) in the first proviso, for ―forty and more than fifty‖, substitute ―twenty‖; - (ii) omit second proviso. For section 6, substitute― ― 6. Reservation of seats for women, Scheduled Castes and backward classes. ―(1) Seats shall be reserved for women belonging to the Scheduled Castes, from amongst the seats reserved under sub-section (4) of section 5 for the Scheduled Castes, the number of such seats being determined by the Administrator by an order published in the Official Gazette, which shall not be less than one-third of the total number of seats reserved for the Scheduled Castes. (2) Seats shall be reserved for women, the number of such seats being determined by an order published in the Official Gazette by the Administrator which shall not be 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 up by direct election: Provided that the seats reserved for the Scheduled Castes or for women (including those belonging to the Scheduled Castes) shall be allotted by rotation to different wards in such a manner as the Administrator may, by order published in the official Gazette in this behalf, determine. (3) The reservation of seats under sub-section (4) of section 5 and under sub-section (1) of this section shall cease to have effect on the expiration of the period specified in article 334 of the Constitution. (4) The Administrator may, if he considers it necessary, by an order published in the Official Gazette, direct that such number of seats as may be specified in the order shall be reserved in favour of backward classes of citizens: Provided that, when a backward class is deleted by an order of the Administrator, the member elected from such class shall not cease to hold office merely as a result of such deletion and shall hold office as he would have held had the deletion not been made.‖. For section 7, substitute― ― 7. Duration of the Corporation. ―(1) The Corporation, unless sooner dissolved under section 407, shall continue for five years from the date appointed for its first meeting and no longer. - (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 reminder 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 sub-section for constituting the Corporation for such period. (3) The Corporation constituted upon its dissolution before the expiration of its duration shall continue only for the reminder of the period for which the dissolved Corporation would have continued under sub-section (1) had it not been so dissolved.‖. 1. Ins. by Act 50 of 2000, s. 2 (w.e.f. 11-12-2000). Section 8.―For sub-section (2), substitute― ―(2) The Administrator shall, by an order in the Official Gazette, determining,― - (a) the number of wards; and - (b) extent of each ward. (3) The Election Commission shall, by an order in the Official Gazette, determine the wards in which seats shall be reserved for the Scheduled Castes, for women and the manner in which seats shall be rotated under the proviso to sub-section (2) of section 6.‖. For section 10, substitute― ― 10. Elections to the Corporation. ―(1) The superintendence, direction and control of preparation of the electoral rolls for, and the conduct of all elections to the Corporation shall be vested in the Election Commission appointed under section 7 of the Delhi Municipal Corporation Act, 1957 (66 of 1957), and the Election Commission so appointed under that section shall be responsible for the functions conferred on the Election Commission under this sub-section. (2) The Administrator shall, when so requested by the Election Commission, make available to that Commission such staff which the Administrator considers necessary for the discharge of the functions conferred on the Commission by sub-section (1).‖. Section 12.―In clause (a), for ―twenty-five years‖, substitute ―twenty-one years‖. Section 13,― (i) in sub-section (1), after clause (1), insert― ―(m) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the House of the People: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (n) if he is so disqualified by or under any law made by Parliament.‖; (ii) in sub-section (2), after clause (c), insert― ―(d) a person shall not be disqualified for being nominated as a member of the Corporation on the ground that he holds office of profit for the purposes of election to the House of the People under any law for the time being in force.‖. After section 13, insert― ― 13A. Decisions on questions as to disqualification of members. ―(1) If any question arises as to whether a member has become subject to any disqualifications mentioned in section 13, the question shall be referred for the decision of the Administrator and his decision shall be final.‖. Section 15,― - (i) omit sub-section (2); (ii) in sub-section (3), for ―Director‖, substitute ―Administrator‖. Section 16,― (i) in sub-section (1), for ―Director‖, substitute ―Administrator‖; (ii) in the proviso to sub-section (1), for ―four‖, substitute ―six‖; (iii) in sub-section (2),― (a) in the opening portion, for ―Scheduled Castes‖, substitute ―Scheduled Castes, backward classes or for the women, as the case may be,‖; (b) after the words ―Scheduled Castes‖ occurring at the end, add ―backward classes or be a woman‖. Section 17,― (a) omit ―or co-opted‖ and ―or co-option‖; (b) for ―Director‖, substitute ―Election Commision‖. Section 35. ― In sub-section (1), omit ―other than an associated councillor‖. ― After section 35, insert ― 35A. Vacation of seats in case of multiple membership. ―No councillor shall be a member both of the Corporation and Parliament and if a person is so chosen, then at the expiration of fourteen days from the date of the publication in the Gazette of India, or as the case may be, in the Official Gazette whichever is later, that he has been so chosen, that person's seat in Parliament shall become vacant unless he has previously resigned his seat in the Corporation.‖. Section 36. ― For sub-section (1), substitute ― ―(1) If a councillor becomes subject to any of the disqualifications mentioned in section 13, his seat shall thereupon become vacant. (1A) If during three successive months, a councillor is, without permission of the Corporation, absent from all meetings thereof, the Corporation may declare his seat vacant.‖. ― Section 38, - (a) for sub-sections (1), (2) and (2A), substitute ― ―(1) The Corporation shall, at its first meeting in each year, elect one of its elected members to be the Chairperson to be known as the Mayor and the other two such members to be the Senior Deputy Mayor and the Deputy Mayor of the Corporation: Provided that during the duration of the Corporation, the office of the Mayor shall be reserved in favour of a member who is a woman for the first and the fourth year of the Corporation and in favour of a member belonging to a Scheduled Caste in the third year of the Corporation.‖; - (b) after sub-section (3), insert ― ―(3A) If the vacancy be a casual vacancy in the office of the Mayor and is reserved for a woman or for a member belonging to the Scheduled Caste, the vacancy shall be filled by electing one of the councillors from amongst women or members of the Scheduled Castes, as the case may be.‖; - (c) for sub-section (6), substitute ― (6) The Mayor may obtain reports from the Commissioner on any matter connected with the municipal government of Chandigarh.‖. ― After section 41, insert ― 41A. Wards Committees. ―(1) There shall be constituted such number of Wards Committees consisting of one or more wards, within the territorial area of the Corporation, as the Administrator may, from time to time, by order published in the Official Gazette, determine. The order shall indicate the name of the Wards Committee and also the extent of the area comprised within the jurisdiction of such Committee. - (2) Each Wards Committee shall consist of― - (a) all the councillors, elected from the wards in the territorial jurisdiction of the Committee; (b) the person, if any, nominated by the Administrator, under clause (ii) of sub-section (3) of section 4 if his name is registered as an elector within the territorial limits of the Committee; (c) such number of persons, as may be prescribed, to be nominated by the Administrator. 41B. Chairperson of Wards Committee. ―(1) The Wards Committee shall, at its first meeting in each year, elect one of its members who is a councillor to be Chairperson: Provided that where a Wards Committee consists of one ward only, the councillor representing that ward in the Corporation shall be the Chairperson of that Committee. (2) The Chairperson of the Wards Committee shall hold office from the date of his election until the election of his successor in office unless in the meantime, he resigns his office as Chairperson. (3) On the occurrence of any casual vacancy in the office of the Chairperson, the Wards Committee shall, within one month of occurrence of such a vacancy, elect one of its members who is a councillor as Chairperson: Provided that where a vacancy has arisen on the resignation or death of the only councillor on the Committee, the Administrator may appoint any other councillor as Chairperson of the Ward Committee till election is held to fill the vacancy in due course.