Municipal meetings and proceedings

Delegation of power by Municipality

§112

Summary

112. (1) With the exception of a power, duty or function - (a) specified in the second column, and against which no entry is shown in the third column of schedule I ; (b) reserved or assigned to a 1[President]2 by clause (a), (b) and (c) of section 50 or by section 51 ; and 3[(c) Where there is an executive officer or a medical officer of health, reserved to the executive officer by section 60 or to the medical officer of health by section 60-A ] ; a board may delegate by regulation all or any of the powers, duties or functions conferred or imposed on, or assigned to, a Municipality under this Act. (2) Except as provided in sub-section (3), a Municipality shall not itself exercise, perform or discharge, or interfere in the exercise, performance or discharge of any power, duty or function which it has delegated under sub-section (1). (3) The delegation by the board under sub-section (1) of any power, duty or function may be made subject to the condition that all or any orders made in pursuance of such delegation shall be subject to the right of appeal to or revision by, the Municipality within a specified period. (4) Nothing in the foregoing provisions of this section shall be deemed to prevent a resolution of a committee of a Municipality being carried into execution by any agency duly authorized in this behalf by or under this Act, or to preclude any servant of the Municipality from acting within the scope of his employment.

112. (1) With the exception of a power, duty or function - (a) specified in the second column, and against which no entry is shown in the third column of schedule I ; (b) reserved or assigned to a 1[President]2 by clause (a), (b) and (c) of section 50 or by section 51 ; and 3[(c) Where there is an executive officer or a medical officer of health, reserved to the executive officer by section 60 or to the medical officer of health by section 60-A ] ; a board may delegate by regulation all or any of the powers, duties or functions conferred or imposed on, or assigned to, a Municipality under this Act. (2) Except as provided in sub-section (3), a Municipality shall not itself exercise, perform or discharge, or interfere in the exercise, performance or discharge of any power, duty or function which it has delegated under sub-section (1). (3) The delegation by the board under sub-section (1) of any power, duty or function may be made subject to the condition that all or any orders made in pursuance of such delegation shall be subject to the right of appeal to or revision by, the Municipality within a specified period. (4) Nothing in the foregoing provisions of this section shall be deemed to prevent a resolution of a committee of a Municipality being carried into execution by any agency duly authorized in this behalf by or under this Act, or to preclude any servant of the Municipality from acting within the scope of his employment.

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