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TALUKA AND TOWN COUNCILS
65. Composition of Taluka and Town Councils.- (1) There shall be a
Taluka Council in a Taluka and a Town Council in a town in a City
District and shall consist of Naib Nazims of all Union Councils in
the Taluka or town, as the case may be, and the following members
elected on reserved seats, namely:-
(a) such number of women as represents thirty-three percent of the
total number of the Unions in the Taluka or, as the case may be, the
town;
(b) such number of peasants and workers as represent five percent of
the total number of the Unions in the Taluka or, as the case may be,
the town; and
(c) such number of persons from minority communities as represent
five percent of the total number of the Unions in the Taluka or, as
the case may be, the town.
(2) If, in calculating a percentage for the purposes of sub-section
(1), the number of reserved seats does not come out to be a whole
number and such number is-
(a) less than a half, the number shall be rounded down to the next
lower number; or
(b) a half or more, the number shall be rounded up to the next
higher number:
(3) The Naib Taluka Nazim or Naib Town Nazim shall be the Convener
of the Taluka Council or, the Town Council, as the case may be.
(4) The Taluka Council and Town Council shall have their offices
under the Naib Taluka Nazim or Naib Town Nazim, as the case may be,
and shall have separate budget allocations.
66. Provisions of Taluka Council apply to Town Council.- The
provisions relating to Taluka Council shall, 1 [subject to Section
40,] mutatis mutandis, apply to Town Council and any reference 2[ ]
in these provisions 2[to]Taluka Nazim, Naib Taluka Nazim or Taluka
Municipal Administration shall, respectively, be read as reference
to Town Nazim, Naib Town Nazim and Town Municipal Administration.
67. Functions and powers of the Taluka Council.- The functions and
powers of the Taluka Council shall be –
(i) to approve taxes, cess, rates, rents, fees, user-charges, tolls,
levies, fines and penalties proposed by Taluka Municipal
Administration specified in 1[Part-III] of the Second Schedule;
(ii) to approve bye-laws for delivery of municipal services;
(iii) to approve annual budget and appropriations for the Taluka
Municipal Administration;
(iv) to approve long and short term development plans;
(v) to approve posts of personal staff for the office of Taluka
Nazim and the terms and conditions of their service:
Provided that no post of advisor, special assistant, press or
political secretary to the Taluka Nazim shall be sanctioned or
approved.
(vi) to approve land use, zoning and master plan of the Taluka
development and maintenance programmes or projects proposed by the
Taluka Municipal Administration;
(vii) to elect Monitoring Committees of the Taluka Council to
monitor the working of the Taluka Municipal Administration and the
provision of municipal services;
(viii) to ensure that the Monitoring Committees perform their
functions in a non-intrusive manner without interfering in the day
to day working of the relevant offices of the Taluka Municipal
Administration and do not assume a command and control role;
(ix) to review the reports of the Monitoring Committees and make
appropriate recommendations to the Taluka Nazim;
(x) to elect an Ethics Committee which shall be responsible for
enforcing the code of ethics for regulating the conduct of the
members of the Taluka Council;
(xi) to elect an Insaaf Committee for interacting with the Insaaf
Committee of the Zila Council;
(xii) to elect Taluka Accounts Committee to review the audit reports
of the accounts of Taluka Municipal Administration;
(xiii) to review the performance of Taluka Municipal Administration
presented by the Taluka Nazim;
(xiv) to authorise the Taluka Municipal Administration, subject to
applicable laws and with the prior permission of the Government
through District Government, for floating municipal bonds for
raising funds for financing municipal projects; and
(xv) to require, by resolution, the Taluka Municipal Administration
to undertake measures for improvement in the delivery of municipal
services.
1["67-A Functions and Powers of the Town Council:- The functions and
powers of the Town Council shall be to:
(a) approve taxes, cesses, rates, rents, fees, user-charges, tolls,
levies, fines and penalties proposed by Town Municipal
Administration specified in Part-IV of the Second Schedule;
(b) approve annual budget and appropriation for the Town Municipal
Administration;
(c) approve long and short term development plans;
(d) approve posts of personal staff for the office of town Nazim and
the terms and conditions of their service; provided that, no post of
advisor special assistant, press or political secretary to the Town
Nazim shall be sanctioned or approved;
(e) elect monitoring committees of the Town Council to monitor the
working of the Town Municipal Administration and the provision of
municipal services;
(f) ensure that monitoring committees perform their functions in a
non-intrusive manner without interfering in the day to day working
of the relevant offices of the Town Municipal Administration and do
not assume a command and control role;
(g) review the reports of the monitoring committees and make
appropriate recommendations to the Town Nazim;
(h) elect Ethics Committee which shall be responsible for enforcing
the code of conduct for regulating the conduct of the members of the
Town Council;
(i) elect an Insaf committee for interacting with the Insaaf
Committee of the Zila Council;
(j) elect Town Accounts Committee to review the audit reports of the
accounts of Town Municipal Administration;
(k) review the performance of Town Municipal Administration
presented by the Town Nazim.
(l) recommend by resolution to City District Government to undertake
measures for improving delivery of municipal services to the Towns.
(m) to approve bye-laws for delivery of municipal services;
(n) to approve land use, zoning and master plan of the town
development and maintenance programmes or projects proposed by the
Town Municipal Administration;
(o) to require by resolution, the Town Municipal Administration to
undertake measures for improvement in the delivery of municipal
services. 1 [ ]
68. Power to appoint officiating Taluka Nazim.- Where the office of
Taluka Nazim falls vacant by reason of his death, resignation or
removal, the Taluka Council shall, from amongst its members, elect
an officiating Taluka Nazim, till a new Taluka Nazim is elected
under the provisions of sub-section (5) of section 156:
Provided that Naib Taluka Nazim shall convene the meeting of the
Taluka Council for the election of officiating Taluka Nazim within
ten days from the death, resignation or removal of Taluka Nazim, as
the case may be:
Provided further that the officiating Taluka Nazim shall not be a
candidate for the office of Taluka Nazim in election for Taluka
Nazim.
69. Conduct of the business of Taluka Council.- (1) The Taluka
Council shall regulate its business in accordance with the bye-laws
made by it.
(2) The Taluka Council shall meet at least once in every month.
(3) Save as otherwise provided, decisions of the Taluka Council
shall be taken by resolutions passed by a simple majority of the
members present and voting and a copy of each resolution shall be
transmitted to the Local Government Commission.
(4) All meetings of the Taluka Council shall be presided over by the
Naib Taluka Nazim.
(5) In its first session, the Taluka Council shall elect a panel of
presiding officers, in order of precedence, of not less than three
members who shall, in the absence, of or in the case where a motion
for recall of Naib Taluka Nazim has been moved, preside over the
meetings of the Taluka Council.
(6) The quorum of the meetings of the Taluka Council shall be
fifty-one percent of its total membership.
(7) The meetings of the Taluka Council shall be open to public,
unless the Council, by a resolution, decides to hold any meeting in
camera.
(8) The minutes of the meetings of Taluka Council shall be recorded
and maintained by an officer authorized by the Taluka Council.
70. Address of Taluka Nazim.- (1) At the commencement of first
session of the Taluka Council after its election and on commencement
of first session of every year the Taluka Nazim shall address the
Taluka Council and shall inform the Council of his plans and
programmes for the said year and the performance of the Taluka
Administration during the preceding year.
(2) Notwithstanding anything contained in sub-section (1), the
Taluka Nazim may address the Taluka Council whenever he deems
necessary to associate the Taluka Council in functioning of the
Taluka Municipal Administration.
71. Resignation of Naib Taluka Nazim.- The Naib Taluka Nazim may
resign from office by tendering resignation in writing addressed to
the Taluka Nazim.
72. Recall of a Naib Taluka Nazim.- (1) If in the opinion of a
member of Taluka Council, there is a reason to believe that the Naib
Taluka Nazim is acting against the public policy or the interest of
the people or for any other reason, he may, seconded by another
member of the Council, give a notice to the Taluka Council for
moving a motion for recall of Naib Taluka Nazim.
(2) On receipt of notice referred to in sub-section (1), the
senior-most presiding officer in the panel referred to in
sub-section (5) of section 69 shall summon a session of Taluka
Council not earlier than three days but not later than seven days,
if the Taluka Council is not already in session.
(3) Where the Taluka Council is already in session, the motion
referred to in sub-section (1) shall be taken up for deliberations
on the next day from its receipt in the Taluka Council.
(4) If the motion referred to in sub-section (1) is approved by
majority of the votes of its total membership through a secret
ballot, the Election Authority shall cause a vote to be cast by the
members of Union Councils in the Taluka.
(5) Where the motion is approved by a simple majority of the members
of the Union Councils of the Taluka present and voting, the Naib
Taluka Nazim shall cease to hold office from the date of
notification to be issued in this behalf by the Election Authority.
(6) Where the motion fails in the Taluka Council, the proposer and
seconder of such motion shall lose their seats both as Naib Union
Nazims of respective Union Councils and as members of Taluka
Council.
(7) The Naib Taluka Nazim shall have the right to appear before the
Taluka Council and address it in his defence.
(8) No motion for recall of Naib Taluka Nazim shall be moved during
the first six months of assumption of office of Naib Taluka Nazim
nor shall such motion be repeated before the expiry of one year from
the rejection of previous motion.
73. Joint Committees of Councils.- The Taluka Council may, with the
consent of the Zila Council or adjoining Taluka Councils or Union
Councils, set up Joint Committees of the Councils for any purpose in
which such Councils may be jointly interested and may delegate to
such joint committees any power which may be exercised by them,
including the power to make bye-laws for their functioning.
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