Section 10 in THE PUNJAB MUNICIPAL CORPORATION LAW (EXTENSION TO CHANDIGARH) ACT, 1994
10. Elections to the Corporation.―
(1)The superintendence, direction and control of preparation of the electoral rolls for, and the conduct of all elections to the Corporation shall be vested in the Election Commission appointed under section 7 of the Delhi Municipal Corporation Act, 1957 (66 of 1957), and the Election Commission so appointed under that section shall be responsible for the functions conferred on the Election Commission under this sub-section.(2)The Administrator shall, when so requested by the Election Commission, make available to that Commission such staff which the Administrator considers necessary for the discharge of the functions conferred on the Commission by sub-section (1).”.Section 12.―In clause (a), for “twenty-five years”, substitute “twenty-one years”.Section 13,―(i)in sub-section (1), after clause (1), insert―“(m) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the House of the People:Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;(n)if he is so disqualified by or under any law made by Parliament.”;(ii)in sub-section (2), after clause (c), insert―“(d) a person shall not be disqualified for being nominated as a member of the Corporation on the ground that he holds office of profit for the purposes of election to the House of the People under any law for the time being in force.”.After section 13, insert―“13A. Decisions on questions as to disqualification of members.―(1) If any question arises as to whether a member has become subject to any disqualifications mentioned in section 13, the question shall be referred for the decision of the Administrator and his decision shall be final.”.Section 15,―(i)omit sub-section (2);(ii)in sub-section (3), for “Director”, substitute “Administrator”.Section 16,―(i)in sub-section (1), for “Director”, substitute “Administrator”;(ii)in the proviso to sub-section (1), for “four”, substitute “six”;(iii)in sub-section (2),―(a)in the opening portion, for “Scheduled Castes”, substitute “Scheduled Castes, backward classes or for the women, as the case may be,”;(b)after the words “Scheduled Castes” occurring at the end, add “backward classes or be a woman”.Section 17,―(a)omit “or co-opted” and “or co-option”;(b)for “Director”, substitute “Election Commision”.Section 35.―In sub-section (1), omit “other than an associated councillor”.After section 35, insert―“35A. Vacation of seats in case of multiple membership.―No councillor shall be a member both of the Corporation and Parliament and if a person is so chosen, then at the expiration of fourteen days from the date of the publication in the Gazette of India, or as the case may be, in the Official Gazette whichever is later, that he has been so chosen, that person’s seat in Parliament shall become vacant unless he has previously resigned his seat in the Corporation.”.Section 36.―For sub-section (1), substitute―“(1) If a councillor becomes subject to any of the disqualifications mentioned in section 13, his seat shall thereupon become vacant.(1A)If during three successive months, a councillor is, without permission of the Corporation, absent from all meetings thereof, the Corporation may declare his seat vacant.”.Section 38,―(a)for sub-sections (1), (2) and (2A), substitute―“(1) The Corporation shall, at its first meeting in each year, elect one of its elected members to be the Chairperson to be known as the Mayor and the other two such members to be the Senior Deputy Mayor and the Deputy Mayor of the Corporation:Provided that during the duration of the Corporation, the office of the Mayor shall be reserved in favour of a member who is a woman for the first and the fourth year of the Corporation and in favour of a member belonging to a Scheduled Caste in the third year of the Corporation.”;(b)after sub-section (3), insert―“(3A) If the vacancy be a casual vacancy in the office of the Mayor and is reserved for a woman or for a member belonging to the Scheduled Caste, the vacancy shall be filled by electing one of the councillors from amongst women or members of the Scheduled Castes, as the case may be.”;(c)for sub-section (6), substitute―(6)The Mayor may obtain reports from the Commissioner on any matter connected with the municipal government of Chandigarh.”.After section 41, insert―“41A. Wards Committees.―(1)There shall be constituted such number of Wards Committees consisting of one or more wards, within the territorial area of the Corporation, as the Administrator may, from time to time, by order published in the Official Gazette, determine. The order shall indicate the name of the Wards Committee and also the extent of the area comprised within the jurisdiction of such Committee.(2)Each Wards Committee shall consist of―(a)all the councillors, elected from the wards in the territorial jurisdiction of the Committee;(b)the person, if any, nominated by the Administrator, under clause (ii) of sub-section (3) of section 4 if his name is registered as an elector within the territorial limits of the Committee;(c)such number of persons, as may be prescribed, to be nominated by the Administrator.
