TOWN MUNICIPAL ADMINISTRATION
CHAPTER V
TALUKA AND TOWN MUNICIPAL ADMINISTRATION
49. Composition of Taluka Municipal Administration.- In every Taluka there shall be a Taluka Municipal Administration which shall be a body corporate and consist of a Taluka Nazim, Taluka Municipal Officer, Taluka Officers, Chief Officers and other officials of the Local Council Service and officials of the offices entrusted to the Taluka Municipal Administration.
50. Town Municipal Administration.- (1) In every town in a City District there shall be a Town Municipal Administration which shall be a body corporate and consist of the Town Nazim, Town Municipal Officer, Town Officers, Chief Officers and other officials of the Local Council Service and officials of the offices entrusted to the Taluka Municipal Administration.
EXPLANATION.- For the purpose of sections 49 and 50, the expression ‘Chief Officers’ refers to Chief Officers of the dissolved Local Councils established under Sindh Local Government Ordinance, 1979 ( XII of 1979).
51. Provisions relating to Talukas apply to towns.- The provisions relating to Taluka Municipal Administration shall, 1[subject to Section 33 and 36,] mutatis mutandis ,apply to Town Municipal Administration and, in their application to the town in a City District, shall have effect as if references therein to the Taluka Municipal Administration, Taluka Nazim, Taluka Council, Village Council and Village were references, respectively, to the Town Municipal Administration, Town Nazim, Town Council, Neighbourhood Council and Neighbourhood under this Ordinance.
52. Entrustment of certain decentralised offices to Taluka Municipal Administration.- On commencement of this Ordinance, the functions, administration and financial management of the offices of Local Government and Rural Development Department, Public Health Engineering Department and Housing and Physical Planning Department at the regional, zonal, circle, divisional, district, Taluka and lower levels shall stand entrusted to the Taluka Municipal Administration, alongwith the employees working in these offices:
Provided that the Government may direct for retention of a nucleus office of Housing and Physical Planning Department with the District Government for intra-district coordination of Taluka spatial plan:
Provided further that Water and Sanitation Agencies coming under the control of District Government under sub-section (3) of section 182 functioning in a Taluka shall further be decentralized to the concerned Taluka Municipal Administration.
Provided also that Water and Sanitation Agency or similar agencies functioning in a City District and coming under the control of City District under sub-section (3) of section 182 may further be decentralised to the City District Administration or, according to requirements of service delivery, may be decentralised to towns in a City District.
53. Structure of the Taluka Municipal Administration.-
(1) The Taluka Nazim shall head the Taluka Municipal Administration.
(2) The Taluka Municipal Administration shall include the offices and sub-offices of the Urban Local Councils established under the Sindh Local Government Ordinance, 1979 ( XII of 1979), offices and sub-offices of Local Government and Rural Development Department, Public Health Engineering Department and Housing and Physical Planning Department entrusted to it under section 52 for administrative and financial management thereof and sub-offices and other offices set-up by it under this Ordinance and grouped under the Taluka Municipal Officer.
(2) The Taluka Municipal Officer shall act as co-ordinating and administrative officer in-charge of the following Taluka Officers, namely:-
(i) Taluka Officer (Municipal Regulations) who shall be responsible for licensing, management of municipal lands, estates, properties, facilities and enterprises and enforcement of relevant municipal laws, rules and bye-laws.
(ii) Taluka Officer (Infrastructure and Services) who shall be responsible for water, sewerage, drainage, sanitation, roads, other than Provincial and district roads, streets and street lighting; fire fighting, park services.
(iii) Taluka Officer (Planning) who shall be responsible for spatial planning and land use control; building control; and coordination of development plans and projects with Union Administration, Village Councils and other local governments.
(iv) Taluka Officer (Finance) who shall be responsible for budget, revenue and accounts.
(4) The staff of the Taluka Officers referred to in sub-section (3) shall be appointed from amongst the officials of the decentralised offices entrusted to Taluka Municipal Administration, Local Council Service and servants of Local Councils established under the Sindh Local Government Ordinance, 1979 ( XII of 1979), by the Government keeping in view the requirements of every Taluka Municipal Administration.
(5) Notwithstanding the dissolution of Town Committees, Municipal Committees and Municipal Corporations under this Ordinance, and until any contrary order is made by the Government or the service structure of the members of Local Council Service or the servants of Local Councils is altered, the administrative set-up of such Committees and Corporations shall remain in tact and continue providing municipal services and the officers and staff working therein shall come under the executive control of the Taluka Nazim through the Taluka Municipal Officer:
(6) The officers and staff working in the dissolved Zila Councils and Union Councils shall be posted in the offices of such local governments as may be determined by the Government.
54. Functions and powers of the Taluka Municipal Administration.- (1) The functions and powers of the Taluka Municipal Administration shall be to-
(a) prepare spatial plans for the Taluka in collaboration with Union Councils, including plans for land use, zoning and functions for which the Taluka Municipal Administration is responsible;
(b) seek approval of the Taluka Council to the spatial plans prepared by it after due process of dissemination and public enquiry, incorporating modifications on the basis of such inquiry;
(c) execute and manage development plans;
(d) exercise control over land-use, land-subdivision, land development and zoning by public and private sectors for any purpose, including for agriculture, industry, commerce, markets, shopping and other employment centres; residential, recreation, parks, entertainment; passenger and freight transport and transit stations;
(e) enforce all municipal laws, rules and bye-laws governing its functioning:
Provided that the Taluka Municipal Administration may, with the approval of Taluka Council, exempt any Union from application of any specific provision of the bye-laws made by the Taluka Council under this Ordinance:
Provided further that the Government may, on the recommendations of Taluka Municipal Administration through District Government, exempt any Union or a part thereof from the application of rules relating to land use, building control, tax on property or in any other matter dealing with municipal services:
Provided also that such exemption shall not extend to any organised housing schemes, zoning of industrial and commercial areas, and matters concerning environmental protection;
(f) prevent encroachments;
(g) regulate affixing of sign-boards and advertisements;
(h) provide, manage, operate, maintain and improve the municipal infrastructure and services, including-
(i) water supply and control and development of water sources, other than systems maintained by the Union and Village Councils;
(ii) sewerage, sewage and sewage treatment and disposal;
(iii) storm water drainage;
(iv) sanitation and solid waste collection and sanitary disposal of solid, liquid, industrial and hospital wastes;
(v) roads and streets, other than roads falling under the jurisdiction of, and maintained by, the District Government or Government and streets maintained by the Union Administration or Village Council;
(vi) traffic planning, engineering and management including traffic signaling systems, signs on roads, street markings, parking places, transport stations, stops, stands and terminals;
(vii) street lighting
(viii) fire fighting;
(ix) parks, playgrounds, open spaces and arboriculture; and
(x) slaughter houses;
(i) compile information provided by Union and Village Councils of prioritised projects in the Talukas;
(j) prepare budget, long term and annual municipal development programmes in collaboration with the Union Councils, under the directions of Taluka Nazim;
(k) maintain, with the assistance of the District Government, Union and Village Councils, a comprehensive data base and information system for Taluka Municipal Administration and provide public access to it on nominal charges;
1 [(l) propose taxes, cesses, user fees, rates, rents, tolls, charges, surcharges, levies, fines and penalties under Part III of the Second Schedule for approval of the Taluka and notify the same after such approval;]
(m) collect approved taxes, cess, user fees, rates, rents, tolls, charges, fines and penalties;
(n) organize sports, cultural, recreational events, fairs and shows;
1[(nn) organize cattle forms and cattle markets:]
(o) co-ordinate and support municipal functions amongst Unions and Villages;
(p) regulate markets and services and issue licenses, permits, grant permissions and impose penalties for violation thereof as and where applicable;
(q) manage properties, assets and funds vested in the Taluka Municipal Administration. 2[ ]
(r) develop and manage schemes, including site development in collaboration with District Government and Union Administration;
(s) authorise an officer or officers to issue notice to a person committing any municipal offence and initiate legal proceedings for continuance of commission of such offence or for failure to comply with the directions contained in such notice;
(t) prosecute, sue and follow up criminal, civil and recovery proceedings against violators of municipal laws in the courts of competent jurisdiction;
(u) maintain municipal records and archives; and
(v) prepare financial statements and present them for internal and external audit in the manner as may be prescribed.
(2) The Taluka Municipal Administration may,-
(a) assign or contract out, on such terms and conditions as are approved by the Taluka Council and after inviting public objections, any of its functions to any public-private, public or private organization:
Provided that responsibility for discharge of such functions shall continue to vest with the Taluka Municipal Administration.
(b) on such terms and conditions as are mutually agreed, transfer its functions or responsibilities with regard to providing municipal services to the Union Administration or Village Council:
Provided that no function or responsibility shall be transferred without allocation of corresponding resources and funds:
Provided further that the responsibility to regulate and monitor such functions and services shall remain with the Taluka Municipal Administration.
(c) by an agreement and on such terms and conditions as may be mutually agreed, perform any function of the District Government;
(d) with funds raised through voluntary contributions or external grant, but without recourse to additional enhanced taxation, user charges or fees or recourse to any other sources of public funds and without incurring debt of any nature, undertake any development project;
(e) with the approval of the Government and concerned regulatory authorities of the Federal Government and Provincial Government, set-up, acquire, manage and operate any commercial activity on a self-financing basis with no liability to the public exchequer; and
(f) set-up a corporate body to perform any of its functions, singly or jointly with other public or private bodies:
Provided that responsibility for discharge of such functions shall continue to vest with the Taluka Municipal Administration.
1[54-A Functions and powers of the Town Municipal Administration: The functions and powers of the Town Municipal Administration shall be to:
(a) within the framework of the spatial / master plans for the City District, prepare spatial plans for the Town in collaboration with Zila and Union Councils including plans for land use, zoning and functions for which the Town Municipal Administration is responsible.
(b) enforce, in addition to its own, all municipal laws for and on behalf of City District Government, if required by such City district Government at the cost and expense of the latter.
(c) execute and manage development plans for the functions which are performed by the Town Municipal Administration.
(d) within the framework of the spatial and Master plan for the City District, exercise control over land use, land sub-division, land development and zoning by public and private sectors for any purpose, including for agriculture, industry, commerce markets, shopping and other employment centers, residential, recreation parks, entertainment, passenger and transport freight and transit stations.
(e) prevent and remove encroachments;
(f) procure and compile information provided by Union, Village Councils and neighbourhood councils of prioritized projects in the towns;
(g) prepare budget and long term and annual town municipal development programmes in collaboration with the Union councils, under the directions of Town Nazim;
(h) maintain, with the assistance of the City District Government, Union, Village and Neighbourhood Councils, a comprehensive data base and information system for Town Municipal Administration and provide public access to it on nominal charges;
(i) Propose taxes, cesses, use fees, rates, rents, tolls, charges, levies fines and penalties under Part-IV of the Second Schedule for approval of the Town Council and notify the same after such approval.
(j) Collect taxes, cesses, user fees, rates, rents, tolls charges, fines and penalties;
(k) organise local sports, cultural and recreational events, fairs and shows;
(l) organise cattle fairs and cattle markets;
(m) regulate markets and services and issue licenses, permits, grant permissions and impose penalties for violations thereof as and where applicable.
(n) Manage properties, assets and funds vested in the Town Municipal Administration;
(o) Develop and manage schemes, including site development in collaboration with City District Government and Union Administration;
(p) provide, manage, operate, maintain and improve the municipal infrastructure and services, including:
i) water supply distribution other than integrated systems maintained by or on behalf of the City District.
ii) sewerage system other than an integrated system maintained by or on behalf of City District excluding sewerage treatment and disposal;
iii) solid waste collection and conveyance to transfer stations designated by the Town but excluding treatment and disposal of waste;
iv) street lighting;
v) fire fighting; and
vi) parks, playgrounds, open spaces and arboricultural, other than major facility maintained by the City District.
vii) slaughter houses.
q) authorize an officer or officers to issue notice to a person committing any municipal offence and initiate legal proceedings for continuance of commission of such offence or for failure to comply with the directions contained in such notice;
r) prosecute, sue and follow criminal, civil and recovery proceedings against violations of municipal laws;
s) maintain town municipal records and archives; and
t) prepare financial statements and present them for internal and external audit in the manner as may be prescribed). ]
55. Fiscal transfer to Taluka Municipal Administration.- The Taluka Municipal Administration shall receive fiscal transfers from the 1[ ] Government in the manner as may be prescribed.
56. Taluka Nazim.- (1) The Taluka Nazim shall head the Taluka Municipal Administration and shall exercise such functions and powers as have been assigned to him under this Ordinance.
(2) The Taluka Nazim shall be assisted by Taluka Municipal Officer.
(3) The Taluka Nazim shall be responsible to ensure that the business of the Taluka Municipal Administration is carried out in accordance with the provisions of this Ordinance and the laws relating to the municipal services for the time being in force.
57 . Functions of Taluka Nazim.- The functions of Taluka Nazim shall be-
(a) to provide vision and direction for efficient functioning of the municipal administration;
(b) to formulate strategies for development of municipal infrastructure and improvement of delivery of the municipal services of the Taluka;
(c) to oversee formulation and implementation of long term and annual municipal development programmes;
(d) to oversee the delivery of services by the Taluka Municipal Administration and implementation of the laws governing the municipal services;
(e) to present the budget proposal to the Taluka Council for approval;
(f) to present a report in person on the performance to the Taluka Council at least once in six months;
(g) to supervise the utilisation of the funds allocated to the Taluka Municipal Administration and to ensure their proper accounting;
(h) to establish and supervise the working of the Internal Audit Office; and
(i) to represent Taluka Municipal Administration on public and ceremonial occasions.
58. Taluka Municipal Officer.- (1) The Government shall appoint the Taluka Municipal Officer who shall be the Principal Accounting Officer of the Taluka Municipal Administration and shall be the focal person-
(a) for redressing public complaints relating to Taluka Municipal Administration; and
(b) for liaising with the District Government and the Local Government Commission, through the District Government, for resolution of disputes relating to Taluka Municipal Administration.
(2) The Taluka Municipal Officer shall-
(a) ensure that the business of the Taluka Municipal Administration is carried out in accordance with this Ordinance and any other law relating to municipal services for the time being in force;
(b) co-ordinate the municipal activities of the Taluka Municipal Administration and Union Administrations within the Taluka for coherent planning and development of municipal infrastructure and for effective and efficient functioning of the Taluka Municipal Administration;
(c) exercise general supervision over programmes, projects, services, and activities of the Taluka Municipal Administration; and
(d) provide information required by the Taluka Council for the performance of their functions:
Provided that while dealing with the Government, District Government and Local Government Commission, the Taluka Municipal Officer shall not bypass the Taluka Nazim.
1["58-A Town or Taluka Officer.- The functions and powers of the town or Taluka Officer (TO) of the town or Taluka Municipal Administration shall be to:
ensure that the business of the office under his administrative control is carried out in accordance with law and the rules and the human and material resources placed at his disposal are optimally utilized to improve governance;
(a) co-ordinate and supervise the activities of the office and ensure efficient service delivery by the functionaries under his administrative control;
(b) supply information to the Monitoring Committees of the Town or Taluka Council and Union Councils;
(c) take appropriate corrective actions based on the information received from Monitoring Committees;
(d) enforce relevant Federal, Provincial and municipal laws and rules.
(e) prepare development plans and propose budgetary allocations for their execution;
(f) implement approved plans and policies.
(g) Authorize disbursement of the performance bonuses to the employees.
(h) Prepare proposals for expenditures necessary for the proper conduct of programs, projects, services, and other activities.
(i) Propose relevant bye laws on service delivery to the Town or Taluka Municipal Officer; and
(j) Act as Departmental Accounting Officer for his respective office and be responsible to the Accounts Committee of the Town or Taluka Council."]
59. Personal responsibility of Taluka Nazim.- The Taluka 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.
60. Resignation of Taluka Nazim.- The Taluka Nazim may resign from office by tendering resignation in writing addressed to the Chief Executive of the Province.
61. Vacancy of the Office of Taluka Nazim.- (1) In case the office of Taluka Nazim falls vacant for reason of his death, resignation or removal or, where in the opinion of the Taluka Council, he has become incapable to perform his functions on account of mental or physical incapacity, the Naib Taluka Nazim shall act as Taluka Nazim till an officiating Nazim is appointed under sub-section (6) of section 156 or a new Taluka Nazim is elected under sub-section (5) of that section:
Provided that the officiating Taluka Nazim shall not be a candidate in the election for Taluka Nazim.
(2) Where a Taluka Nazim is unable to perform his functions for reason of his temporary absence, he may authorise Naib Taluka Nazim, in writing, to act on his behalf till he resumes his duties.
62. External recall of Taluka Nazim.- (1) If in the opinion of the Zila Nazim, the continuance in office of a Taluka Nazim is against the public policy or interest of the people or he is guilty of misconduct, the Zila Nazim may move a motion in the Zila Council stating the grounds for the recall of Taluka Nazim.
(2) Where the motion referred to in sub-section (1) is approved through a resolution passed by a simple majority of the total membership of the Zila Council, the Election Authority shall cause such resolution to be voted upon by the members of the Union Councils in the Taluka.
(3) Where the motion referred to in sub-section (1) is approved by a simple majority of the total membership of the Union Councils in the Taluka, the Taluka Nazim shall cease to hold office from the date of the notification issued by the District Government under sub-section (4).
(4) The result of the approval of the resolution of the Zila Council referred to in sub-section (2) and approval of motion referred to in sub-section (3) by the members of the Union Councils in the Taluka shall immediately be notified by the District Government in the official Gazette.
(5) Nothing contained in sub-sections (1) and (2) shall affect the provisions of section 161 in respect of removal of Taluka Nazim by the Chief Election Commissioner.
63. Internal recall of a Taluka Nazim.- (1) If in the opinion of a member of the Taluka Council, there is a reason to believe that the Taluka Nazim is acting against the public policy or the interest of the people or is negligent or is responsible for loss of opportunity to improve governance and the delivery of services, he may, seconded by another member of the Council, give a notice to move a motion in the Taluka Council through Naib Taluka Nazim for recall of Taluka Nazim.
(2) On receipt of notice referred to in sub-section (1), the Naib Taluka Nazim shall summon a session of the 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 by the Naib Taluka Nazim;
(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 district.
(5) Where the motion is approved by a simple majority of the members of Union Councils of the Taluka present and voting, the 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 Union Nazims and members of Taluka Council.
(7) The Taluka Nazim shall have the right to appear before the Taluka Council and address it in his defence.
(8) No motion for recall of Taluka Nazim shall be moved during the first six months of assumption of office of Taluka Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion.
64. Setting aside an order of Taluka Nazim.- (1) On a motion initiated by the District Government, the Zila Council may, by a resolution stating the grounds thereof, passed by a simple majority of its total membership, set aside an order or decision of general application taken by Taluka Nazim, if it considers the same to be against the interest of the people or public policy.
(2) The result of the approval of the resolution of the Zila Council referred to in sub-section (1) shall be notified by the District Government.
CHAPTER VI
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.
