RULES, REGULATIONS AND BYE-LAWS

Power to make regulations as to procedure, etc.

§297

Summary

297. (1) A Municipality may, by special resolution, make regulations, consistent with this Act, or with any rule under section 296 or regulation under sub-section (2) made by the 1[State Government] as to all or any of the following matters - (a) the time and place of the meetings of a Municipality ; (b) the manner of convening meetings, and of giving notice thereof ; (c) the conduct of proceedings [including the asking of questions by members] at meetings and the adjournment of meetings ; (d) the establishment of committees, other than merely advisory committees, for any purpose, and the determination of all matters relating to the constitution and procedure of such committees ; (e) the avoidance of any entry shown in the third column of schedule II ; (f) with reference to sub-section (2) of section 77, the augmentation of any maximum monthly salary specified in sections 74, 75 or 76 with reference to powers over the staff ; (g) the delegation of powers, duties or functions to - (i) the 2[President] of the Municipality ; (ii) a committee constituted under clause (d) ; (iii) a chairman of such committee ; (iv) the executive officer ; or (v) 3[ * * * ] any other servant of a Municipality ; (vi) any 4[person] in the service of the 5[Government] who is employed as civil surgeon, medical officer-in-charge, of hospital or dispensary, medical officer of health, deputy inspector of schools or sub-deputy inspector of schools ] ; (h) the absentee or other allowances for the servants employed by a Municipality; (i) the amount and nature of the security to be furnished by a servant of a Municipality from whom it is deemed expedient to require security ; (j) the grant of the leave to servant of a Municipality and remuneration to be paid to the persons, if any, appointed to act for them whilst on leave ; (k) the [Conditions of service including]6 period of service of all servants of a Municipality and the conditions under which such servants, or any of them, shall receive gratuities or compassionate allowance on retirement, or on their becoming disabled through the execution of their duty, and the amount of such gratuities or compassionate allowances ; and the conditions under which any gratuities or compassionate allowances may be paid to the surviving relatives of any such servants whose death has been caused through the execution of their duty ; (l) the payment of contributions, at such rates and subject to such conditions as may be prescribed in such regulations, to a pension or provident fund established by the Municipality or with the approval of the Municipality, by the said servants ; (m) the conditions subject to which sums due to a Municipality may be written off as irrecoverable and the conditions subject to which the whole or any part of a fee chargeable for distress may be remitted ; 7[(n) all matters similar to those set forth in clauses (a) to (d) and not otherwise provided for in this sub-section ; and (o) all matters similar to those set forth in clauses (a) to (d) and not otherwise provided for in this sub-section ; ] (2) Provided that the 1[State Government] may, if it thinks fit, make regulations consistent with this Act in respect of any of the matters specified in clauses [(d) and ]8(h) to [(n)]9 of sub-section (1), and any regulations so made shall have the said sub-section in respect of the same matter or inconsistent therewith.

297. (1) A Municipality may, by special resolution, make regulations, consistent with this Act, or with any rule under section 296 or regulation under sub-section (2) made by the 1[State Government] as to all or any of the following matters - (a) the time and place of the meetings of a Municipality ; (b) the manner of convening meetings, and of giving notice thereof ; (c) the conduct of proceedings [including the asking of questions by members] at meetings and the adjournment of meetings ; (d) the establishment of committees, other than merely advisory committees, for any purpose, and the determination of all matters relating to the constitution and procedure of such committees ; (e) the avoidance of any entry shown in the third column of schedule II ; (f) with reference to sub-section (2) of section 77, the augmentation of any maximum monthly salary specified in sections 74, 75 or 76 with reference to powers over the staff ; (g) the delegation of powers, duties or functions to - (i) the 2[President] of the Municipality ; (ii) a committee constituted under clause (d) ; (iii) a chairman of such committee ; (iv) the executive officer ; or (v) 3[ * * * ] any other servant of a Municipality ; (vi) any 4[person] in the service of the 5[Government] who is employed as civil surgeon, medical officer-in-charge, of hospital or dispensary, medical officer of health, deputy inspector of schools or sub-deputy inspector of schools ] ; (h) the absentee or other allowances for the servants employed by a Municipality; (i) the amount and nature of the security to be furnished by a servant of a Municipality from whom it is deemed expedient to require security ; (j) the grant of the leave to servant of a Municipality and remuneration to be paid to the persons, if any, appointed to act for them whilst on leave ; (k) the [Conditions of service including]6 period of service of all servants of a Municipality and the conditions under which such servants, or any of them, shall receive gratuities or compassionate allowance on retirement, or on their becoming disabled through the execution of their duty, and the amount of such gratuities or compassionate allowances ; and the conditions under which any gratuities or compassionate allowances may be paid to the surviving relatives of any such servants whose death has been caused through the execution of their duty ; (l) the payment of contributions, at such rates and subject to such conditions as may be prescribed in such regulations, to a pension or provident fund established by the Municipality or with the approval of the Municipality, by the said servants ; (m) the conditions subject to which sums due to a Municipality may be written off as irrecoverable and the conditions subject to which the whole or any part of a fee chargeable for distress may be remitted ; 7[(n) all matters similar to those set forth in clauses (a) to (d) and not otherwise provided for in this sub-section ; and (o) all matters similar to those set forth in clauses (a) to (d) and not otherwise provided for in this sub-section ; ] (2) Provided that the 1[State Government] may, if it thinks fit, make regulations consistent with this Act in respect of any of the matters specified in clauses [(d) and ]8(h) to [(n)]9 of sub-section (1), and any regulations so made shall have the said sub-section in respect of the same matter or inconsistent therewith.

← Previous Section Next Section →

Explore this Chapter