Section 105 in Kolkata Municipal Corporation Act, 1980
105. Right of Councillors [ xxx ] [Words, "and Alderman" omitted by section 4(10)(a), ibid, w.e.f. 1.6.1994.] to ask questions.
(1)A Councillor [ xxx ] [Words, "or an Alderman" omitted by section 4(10)(b), ibid, w.e.f. 1.6.1994.] may, subject to the provisions of sub-section (2), ask the Mayor-in-Council questions on any matter relating to the administration of the Corporation or the municipal government of Kolkata and all such questions shall be addressed to the Mayor-in-Council and shall be answered either by the Mayor or by any other member of the Mayor-in-Council.(2)The right to ask a question shall be governed by the following conditions, namely -(a)not less than seven working days' notice in writing specifying the question shall be given to the Municipal Secretary;(b)no question shall -(i)bring in any name or statement not strictly necessary to make the question intelligible,(ii)contain arguments, ironical expressions, imputations, epithets or defamatory statements,(iii)ask for an expression of opinion or the solution of a hypothetical proposition,(iv)ask as to the character or conduct of any person except in his official or public capacity,(v)relate to a matter which is not primarily the concern of the Corporation,(vi)make or imply a charge of a personal character,(vii)raise questions of policy too large to be dealt with within the limits of an answer to a question,(viii)repeat in substance questions already answered or to which an answer has been refused,(ix)ask for information on trivial matters,(x)ordinarily ask for information on matters on past history,(xi)ask for information set forth in accessible documents or in ordinary works of reference,(xii)raise matters under the control of bodies or persons not primarily responsible to the Corporation,(xiii)ask for any information on any matter which is under adjudication by a court of law.(3)The Presiding Officer shall disallow any question, which is, in his opinion, in contravention of the provisions of sub-section (2).(4)If any doubt arises whether any question is or is not in contravention of the provisions of sub-section (2), the matter shall be decided by the Presiding Officer, whose decision shall be final.(5)The Mayor or any other member of the Mayor-in-Council shall not be bound to answer a question if it asks for information which has been communicated to him or to the Mayor-in-Council in confidence or if, in his opinion, it cannot .be answered without prejudice to the public interest.(6)Unless otherwise directed by the Presiding Officer of the meeting, every question shall be answered at a meeting of the Corporation.
