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Ordinance 2001
[CHAPTER-I, II,
III, IV, V,
VI, VII, VIII,
IX, X, XI,
XII, XII-A,
XIII, XIV,
XV, XVI, XVII,
XVIII, XIX,]
[SCHEDULES
First Second,
Third, Fourth,
Fifth, Sixth,
Seventh, Annex]
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CHAPTER VIII
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Section No.
Subject/Title
88.
Functions of the Union Council.
89.
Conduct of the Business of Union Council.
90.
Address of Union Nazim.
91.
Resignation by Naib Union Nazim.
92.
Recall of Naib Union Nazim.
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UNION COUNCIL
87. Composition of the Union Council.- (1) There shall a Union
Council in each Union comprising twenty-one following members
elected directly in accordance with section 148-
(a) twelve Muslim members, elected to general seats, including four
reserved for women;
(b) six members, elected to seats reserved for peasants and workers,
including two reserved for women;
(c) one member elected to a seat reserved for minority communities;
and
(d) Union Nazim and Naib Union Nazim elected as joint candidates:
Provided that in a Union where the population of minorities is in
excess of ten percent of the total population of the Union, reserved
seats for minorities communities mentioned in clause (c) shall be
allocated in the manner prescribed by the Government.
88. Functions of the Union Council.- (1) The functions of the Union
Council shall be to-
(a) approve the annual development plan and budgetary proposals of
the Union Administration;
(b) approve rates and fees for services specified in 1[Part-V] of
the Second Schedule proposed by the Union Administration;
(c) facilitate the formation and functioning of Citizen Community
Boards;
(d) assist the Taluka Council and Town Council in creation of
Village and Neighbourhood Councils;
(e) facilitate the formation of co-operatives for improving economic
returns and reduction of interstitial poverty;
(f) mobilise the community involvement in maintenance of public
ways, public streets, culverts, bridges and public buildings,
de-silting of canals and other development pursuits;
(g) promote plantation of trees, landscaping and beautification of
public places in the Union;
(h) assist Taluka Municipal Administration in establishment and
maintenance of burial and cremation places;
(i) approve the terms and conditions of the employment of Village or
Neighbourhood guards and oversee their functioning;
(j) adopt appropriate measures and provide support to the District
Government, Taluka Municipal Administration and Town Municipal
Administration for achievement of socio-economic development and
improvement of services;
(k) elect Monitoring Committees of the Union, each for municipal
services, finance, public safety, health, education, literacy, works
and services;
(l) elect an Ethics Committee of the Union Council which shall be
responsible for enforcing the code of ethics to regulate the conduct
of the members of the Council;
(m) elect a Union Accounts Committee which shall be responsible for
examination of the audit reports;
(n) elect an Insaaf Committee which shall be responsible for the
selection of the panel of Conciliators of Musalihat Anjuman for out
of court amicable settlement of disputes;
(o) review the performance of Union Administration and Union
Monitoring Committees; and
(p) review the annual statement of accounts and external or special
audit reports in respect of the Union Administration.
89. Conduct of the business of Union Council.- (1) The Union Council
shall regulate its business in accordance with the by-laws made by
it.
(2) The Union Council shall meet at least once in every month.
(3) All decisions of the Union Council shall be taken by resolutions
passed by a simple majority of its total membership.
(4) All meetings of the Union Council shall be presided over by
Union Nazim and, in his absence, by the Naib Union Nazim or, in
absence of both Union Nazim and Naib Union Nazim or where a motion
for recall of Union Nazim or Naib Union Nazim has been moved, by a
member elected by the Union Council from amongst its members present
in the meeting.
(5) The quorum of the meetings of the Union Council shall be
fifty-one percent of its total membership.
(6) The meetings of the Union Council shall be open to public,
unless the Union Council, by a resolution, decides to hold any
meeting in camera.
(7) The minutes of the meetings of Union Council shall be recorded
and maintained by an officer authorized by the Union Council.
90. Address of Union Nazim.- (1) At the commencement of first
session of the Union Council after its election and on commencement
of first session of every year the Union Nazim shall address the
Union Council and shall inform the Council his plans and programmes
for the said year and the performance of the Union Administration
during the preceding year.
(2) Notwithstanding anything contained in sub-section (1), the Union
Nazim may address the Union Council whenever he deems necessary to
associate or consult the Union Council in functioning of the Union
Administration.
91. Resignation by Naib Union Nazim.- The Naib Union Nazim may
resign from his office by tendering resignation in writing addressed
to Zila Nazim.
92. Recall of Naib Union Nazim.- (1) If in the opinion of a member
of Union Council, there is a reason to believe that the Naib Union
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, move a motion in the Union Council for recall of
Naib Union Nazim.
(2) On receipt of notice referred to in sub-section (1), the 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
immediately on its receipt in the Union Council.
(4) If the motion referred to in sub-section (1) is approved by a
majority of the votes of its total membership through a secret
ballot, the Naib Union Nazim shall cease to hold office on approval
of the motion by the Union Council.
(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 by the Union Council.
(7) The Naib Union Nazim shall have the right to appear before the
Union Council and address it in his defence.
(8) No motion for recall of Naib Union Nazim shall be moved during
the first year of assumption of office of Naib Union Nazim nor shall
such motion be repeated before the expiry of one year from the
rejection of previous motion.
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