|
UNION
ADMINISTRATION
74. Composition of Union Administration.- There shall be constituted
a Union Administration for every Union which shall be a body
corporate and consist of Union Nazim, Naib Union Nazim and not more
than three Union Secretaries and, where required, the members of
ancillary staff.
75. Structure of Union Administration.- (1) The Union Nazim shall be
the head of the Union Administration.
(2) The Naib Union Nazim shall deputise the Union Nazim during his
temporary absence.
(3) The Union Secretaries shall coordinate and facilitate in
community development, functioning of the Union Committees and
delivery of municipal services under the supervision of Union Nazim:
Provided that functions of the Union may be assigned to one or more
secretaries.
1[(4) The Union Nazim may declare one of the Secretaries of the
Union Administration to act as the Principal Accounting Officer of
the Union Administration].
76. Functions of the Union Administration.- The functions of Union
Administration shall be-
(a) to collect and maintain statistical information for
socio-economic surveys;
(b) to consolidate village and neighbourhood development needs and
prioritise them into union-wide development proposals with the
approval of the Union Council and make recommendations thereof to
the District Government or Taluka Municipal Administration, as the
case may be;
(c) to identify deficiencies in the delivery of services and make
recommendations for improvement thereof to the Taluka Municipal
Administration;
(d) to register births, deaths and marriages and issue certificates
thereof;
(e) to make proposals to the Union Council for levy of rates and
fees specified in the Second Schedule and to collect such rates and
fees within the Union;
(f) to establish and maintain libraries;
(g) to organize inter-Village or Neighbourhood sports tournaments,
fairs, shows and other cultural and recreational activities;
1[(h) ]
(i) to disseminate information on matters of public interest;
(j) to improve and maintain public open spaces, public gardens and
playgrounds;
(k) to provide and maintain public sources of drinking water,
including wells, water pumps, tanks, ponds and other works for the
supply of water;
(l) to maintain the lighting of streets, public ways and public
places through mutual agreement with the Taluka Municipal
Administration;
(m) to arrange facilities for the handicapped, destitutes and poor;
(n) to provide protection against stray animals and animal trespass,
and to establish cattle pounds;
(o) to regulate grazing areas;
(p) to assist the relevant authorities in disasters and natural
calamities, and assist in relief activities, including de-silting of
canals;
(q) to co-operate with the public, private or voluntary
organisations, engaged in activities similar to those of the Union;
(r) to execute the projects of the approved Union Annual Development
Plan by contracting out to the private sector in the manner as may
be prescribed and to obtain support of the Taluka Municipal
Administration or District Government for such execution; and
(s) to assist the Village Councils or, as the case may be,
Neighbourhood Councils in the Union to execute development projects.
77. Assignment of functions to Village Council.- The Union
Administration may, subject to such terms and conditions as may be
mutually agreed, assign any of its functions to Village Council:
Provided that responsibility for discharge of such functions shall
continue to vest with the Union Administration:
Provided further that no function or responsibility shall be
transferred without allocation of corresponding resources and funds.
78. Entrustment of functions by District Government, etc.- (1) The
District Government or, as the case may be, the Taluka Municipal
Administration may entrust any of its functions to the Union
Administration with mutual agreement:
Provided that resources required for carrying out such functions
shall be made available to the Union Administration.
(2) The Union Administration may, with the mutual agreement and the
funds raised by it through voluntary contributions, undertake
development projects or functions of the Taluka Municipal
Administration or the District Government:
Provided that no additional user charges or fees shall be collected
from the population benefiting from such projects and functions:
Provided further that for carrying out such functions or completion
of such projects, the Union Administration shall not have recourse
to public funds or incur any debt.
79. Government to prescribe powers of Union Administration.- The
administrative, financial and regulatory powers of the Union
Administration shall be prescribed by the Government.
80. Functions of Union Nazim.- A Union Nazim shall-
(a) provide leadership for Union-wide development and preparation of
budget and the annual development plan;
(b) organise the management of inter-villages municipal
infrastructure;
(c) assist the Taluka Municipal Administration in spatial planning
process;
(d) constitute Musalihat Anjuman;
(e) dispose of the business of Union Administration; and
(f) report to the concerned authorities in respect of-
(i) encroachment on State and local government property and
violation of land use and building laws, rules and bye-laws.
(ii) sale and trade of dangerous and offensive articles;
(iii) environmental and health hazards;
(iv) adulteration of articles of food; and
(v) breach of public watercourses, within the area of the union.
81. Personal responsibility of Union Nazim.- The Union Nazim shall
be personally responsible for any loss, financial or otherwise,
flowing from the decisions made by him personally or under his
directions in violation of any provisions of this Ordinance or any
other law for the time being in force and for any expenditure
incurred without lawful authority.
82. Setting aside decisions of Union Nazim.- (1) On a motion
initiated by the Taluka Nazim or Town Nazim, Taluka Council or, as
the case may be, Town Council may, by a resolution stating the
grounds thereof, passed by a simple majority of its total
membership, set aside an order or decision taken by Union Nazim, if
it considers the same to be against the interest of the people or
public policy.
(2) The result of the resolution referred to in sub-section (1)
shall be notified by the Taluka Council or Town Council, as the case
maybe.
83. Resignation by Union Nazim.- The Union Nazim may resign from his
office by tendering resignation in writing addressed to Naib Zila
Nazim.
84. External Recall of Union Nazim.- (1) If there is reason to
believe that a Union Nazim is working against the public policy or
the interest of the people, the Zila Nazim may move a resolution in
the Zila Council to recall the Union Nazim.
(2) If a resolution is passed by a majority of the total membership
of the Zila Council, the Election Authority shall cause the
resolution referred to in sub-section (1) to be voted upon by the
members of the Union Councils, Village Councils and Neighbourhood
Councils in the Union.
(3) Where the Union Councils, Village Councils and Neighbourhood
Councils approve the resolution referred to in subsection (2) by a
simple majority of their total membership, the Union Nazim against
whom the resolution is approved shall cease to hold office from the
date of approval of such resolution.
(4) Nothing contained in sub-sections (1) and (2) shall affect the
provisions of section 161 in respect of recall of Union Nazim.
85. Internal recall of Union Nazim.- (1) If in the opinion of a
member of Union Council, there is a reason to believe that the Union
Nazim is acting against the public policy or the interest of the
people or on the ground of inaction or neglect to serve the needs of
the people, he may, seconded by another member of the Council, give
a notice to move a motion in the Union Council for recall of Union
Nazim.
(2) On receipt of notice referred to in sub-section (1), the Naib
Union Nazim shall summon a session of Union Council within three
days if the Union Council is not already in session.
(3) Where the Union 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 receipts in the Union Council.
(4) If the motion referred to in sub-section (1) is approved by
majority of the votes of the total membership of the Union Council
through a secret ballot, such motion shall be caused by the Election
Authority to be voted upon by the members of the village Councils
and Neighbourhood Councils in the Union and if such motion is
approved by the simple majority of the total members of the Village
Councils and Neighbourhood Councils, the Union Nazim shall cease to
ho0ld office from the date of notification to be issued by the
District Government under sub-section (6).
(5) Where the motion fails in the Union Council, the proposer and
seconder of such motion shall lose their seats as members of the
Union Council.
(6) The District Government shall notify the result of the approval
of the motion.
(7) The Union Nazim shall have the right to appear before the Union
Council and address it in his defence.
(8) No motion for recall of Union Nazim shall be moved during the
first six months of assumption of office of Union Nazim nor shall
such motion be repeated before the expiry of one year from the
rejection of previous motion.
86. Joint Committees of Councils.- The Union Council may, with the
consent of the Zila Council or a Taluka Council or Town Council or
adjoining 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 committee any power which may be exercised by
them, including the power to make bye-laws for their functioning.
|
