State of Haryana - Act
Haryana Municipal Business Bye-laws 1981
HARYANA
India
India
Haryana Municipal Business Bye-laws 1981
Rule HARYANA-MUNICIPAL-BUSINESS-BYE-LAWS-1981 of 1981
- Published on 28 September 1981
- Commenced on 28 September 1981
- [This is the version of this document from 28 September 1981.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and application [Section 1].
2. Definitions [Section 31].
3. Meetings [Section 31(a)].
- Every meeting of the Committee, whether ordinary or special, shall be held at a place, date and time to be fixed by the President and in his absence by the Vice-President and in the case of the absence of both, by the Deputy Commissioner of the district.4. Notice [Section 31(1)]
5. Quorum [Section 31 (c)].
6. Estoppel [Section 31(b)].
- No decision of the committee shall be reopened before the expiry of a period of six months from the date of its recording except in compliance with an order of the Secretary to Government, Haryana, Local, Government Department or of the Commissioner of the Division or the Deputy Commissioner of the District or on a requisition made by any member, and supported by two-thirds of the members actually serving at that time. The requisition shall be circulated by the President for opinion of the members.7. Proxy [Section 31(1)].
- No member shall be represented at a meeting by a proxy.8. Language [Section 31 (1)].
- All business shall be conducted in Hindi.9. Dissenting vote [Section 31 (d)].
- No motion if proposed shall be recorded as passed or rejected until it has been put to vote. Any member, dissenting shall be entitled to have his name recorded as dissenter in the minutes of the meeting.10. Speeches [Section 31 (d)].
11. Motion [Section 31 (d)].
- After a motion has been proposed or seconded, any member may propose an amendment; provided that the same is duly seconded, and the same shall not be withdrawn except with the consent of the majority of the voters.12. Demand of poll [Section 31 (d)].
- Unless poll is demanded by any member present at the meeting, a declaration made at the meeting by the Chairman that a motion or resolution or an amendment thereto has been carried out or lost, shall be sufficient warrant for making an entry to that effect in the minutes. If a poll is demanded by any member present, it shall be taken by a show of hands and the result of such poll as declared by the Chairman, shall be deemed to be the resolution of the Committee.13. Procedure [Section 31 (d)].
14. Adjournment and notice of adjourned meeting [Section 31 (c) and (1)].
- In the absence of requisite quorum or if the members refuse to obey the ruling or the decision of the majority of the members present in the meeting, the Chairman may adjourn the meeting at any time and once the meeting is adjourned subsequent proceedings of the meeting or any resolution passed thereafter shall be void. The notice of an adjourned meeting shall be given by the Chairman on the spot and shall be sent to the members who are absent in accordance with Bye-law 4. No business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting which was adjourned. No quorum shall be necessary at an adjourned meeting :Provided that the place, date or hour of such adjourned meeting may be modified, in an emergency, but in such cases, the meeting shall require the requisite quorum.15. Outsiders at meetings [Section 31(1)].
- Meetings of the Committee may be open to the public at the direction of the Chairman provided that when a question of importance or other special matter arises, the Chairman may order the room to be cleared of outsiders. The Chairman may cause to be removed any person, not being member of the Committee, who interrupts the business of the meeting or conducts himself in a disorderly manner.16. Maintenance of minutes [Section 31 (1)].
- The [Executive officer or in his absence, the Secretary] [Substituted the words 'Chief Executive Officer' vide Notification, dated 21.4.1995.] shall maintain the minutes of the proceedings of all meetings and sign them prior to laying them before the Chairman for signature at the end of the meeting.17. Sub-committees [Section 31 (f)].
18. Election of members of sub-committee [Section 31 (f) and (1)].
- Each sub-committee shall consist of four members. Members of sub committees shall be elected at a general meeting of the committee, as soon as possible, after a new committee has been constituted. Election shall be by a ballot and by single non-transferable vote. The term of the members of sub-committee shall be one year from the date of their election. A member elected to fill a casual vacancy, shall hold office for the unexpired period of the term of the members in whose place he is elected.19. Removal of members [Section 31 (f) and (1)].
- A member of sub-committee shall be removed if he has absented himself without any reasonable cause from three consecutive meetings of the sub-committee. A member may also be removed from a sub-committee by a resolution of the committee passed by two-thirds majority of the members actually serving at that time.20. Ex-officio member [Section 31 (f)].
- The President or in his absence the Vice-President of the committee shall be ex-officio member of all the sub-committees and shall have a right to vote.21. Chairman of sub-committee [Section 31 (f)].
- The President and in his absence the Vice-President and in the absence of both, a person elected by the members of the sub-committee shall take the Chair.22. Meeting of sub-committee [Section 31 (a), (b) and (f)].
- Every sub committee shall at its meeting fix the date and time of next meeting and notice thereof shall be sent by the Secretary to all the members of the sub- committee. Every meeting of a sub-committee shall be held in the Town Hall.23. Quorum and meeting of sub-committee [Section 31 (a), (b), (c) and (f)].
24. Procedure [Section 31 (d)].
- The procedure of every sub-committee, including a special sub-committee, shall be conducted in accordance with the bye-laws regulating the procedure of the Committee; provided that if on any matter a sub-committee is equally divided, the matter shall be decided by the casting vote of the Chairman of the meeting.25. Special sub-committees [Section 31 (f)].
- The Committee may appoint a special sub-committee consisting of one or more members of the committee to investigate and report on any matter not falling within the scope of the sub- committee or for any special purpose or if so desired by the President to advice or assist him in the discharge of any of his duties and such special sub-committee shall cease to exist as soon as that matter has been disposed of by the committee.26. Bar to exercise powers [Section 31 (1)].
- Nothing in these bye-laws shall be deemed to authorise any sub-committee to exercise any power or perform any function, the exercise and performance of which has been delegated by the committee to any officer or has been vested in any officer by any rule made under the Act.27. Finance sub-committee [Section 31 (f)].
- The finance sub-committee shall deal with-28. Public Works and Building Sub-Committee, [Section 31(f)].
29. Powers of the Public Works and Building Sub-Committee [Section 31 (f)].
- All estimates of original works or repairs involving an expenditure of more than Rs. 2,000 shall be considered by the Public Works and Building Sub- committee and thereafter laid before the Committee for sanction.30. Powers of the Executive Officer/Secretary, [Section 31 (i)].
- Subject to the budget provision and the administrative approval thereon, as required under the Haryana Municipal Works Rules, all estimates [upto Rs. 10,000 and Rs. 5,000 will be sanctioned by the President and the [Executive Officer] [Substituted by Legislative Supplement Part III dated 14.3.1989.], respectively] without reference to the Committee. There will be no splitting up of estimates for any one work.31. Power to grant sanction, [Section 31 (i)].
- [The Committee or its President, or Vice-President or Executive Officer or Secretary] [Substituted for the words 'The Committee or its President or Chief Executive Officer' vide Notification, dated 21.4.1995.] if authorised by it under section 33 of the Act, on a written request, may allow any person, temporarily to occupy a street on fixed rates of fees for depositing of building materials upto the period of three months. All sanctions for more than three months will be granted by the Committee under section 182 of the Act.32. Sanitation and Water Supply Sub-Committee, [Section 31 (f)].
- The Sanitation and Water Supply Sub-committee shall enquire into and report on all matters relating to sanitation, health, sewerage and water supply.33. Powers in case of emergent matters [Section 31 (f)].
34. Discussions on the proceedings of the Sub-Committee [Section 31 (f)].
- When the proceedings of the sub-committee are being considered by the committee, no discussion shall be permitted on any item in respect of which the sub-committee has passed orders in exercise of powers delegated to it by the committee or any item in respect of which the sub-committee has called for a further report or otherwise postponed passing of an order or making a recommendation and any such item shall be recorded merely as 'Read' :Provided that any member may call in question any order of a sub-committee or the ground that it was beyond the competence of the sub-committee and if the committee considers that such order was beyond its competence, it may confirm, modify or cancel such order:Provided further that if any member considers that the sub-committee is unduly delaying the decision on any matter in respect of which it has passed no orders, or made no recommendations, he may move a motion requiring the sub- committee to pass orders or submit its recommendations within a specified period and if such motion is carried and the sub-committee fails to pass an order or to make a recommendation within the period so fixed, the Committee may itself proceed to pass orders in respect of such matters.35. Term of office of Vice-President [Section 31 (f) and Section 19 (2)].
- The term of office of a senior vice-president and a junior vice-president shall be one year. On the occurrence of a vacancy in the office of senior vice-president, the junior vice president shall become the senior vice- president and shall office for the unexpired period of this term.36. Powers of Vice-President [Section 31 (f)].
- In the absence of the president the senior vice-president shall perform all the duties of the president and shall exercise the same powers.37. Custody and use of the common seal [Section 31 (e)].
38. Grant of receipts for money [Section 31 (g)].
- Receipt shall be granted on behalf of the committee for money received by or on behalf of the committee by any employee so authorised by the [Executive Officer or Secretary.] [Substituted for the words 'Chief Executive Officer' vide Notification 21.4.1995.]39. Security from the employees [Section 31 (i)].
| Rs. | |||
| 1. | Executive Officer | ... | 2,000 |
| 2. | Secretary, Municipal Medical Officer of Health and MunicipalEngineer | ... | 1,000 |
| 3. | Superintendent, Accountants, Chief Sanitary Inspector,Assistant Municipal Engineer and Veterinary Assistant | ... | 500 |
| 4. | Cashier | ... | 5,000 |
| 5. | Any other employee entrusted with the receipt, disbursement orcustody of money or property of the committee | ... | 200 |
40. Duties of Medical Officer of Health.
41. Duties of Municipal Engineer, [Section 31 (b) and (i)].
43. Duties of the Secretary, Section 31(i)
- The Secretary shall -44. President. [Section 31 (f)].
- The President shall exercise general control over the work of Heads of Departments and shall pass orders on all matters that may be referred to him through the [Executive Officer or the Secretary.] [Substituted for the words 'Chief Executive Officer' vide Notification 21.4.1995.]45. Appeals from executive orders of President and Heads of Departments. [Section 31 (h)].
46. Financial procedure. [Section 31 (1)].
- The annual and revised budget shall be brought before a special meeting in accordance with the time schedule laid down in the Municipal Account Code.47. Annual report. [Section 31 (1)].
- The annual report of the Committee shall be prepared and sent to the Government through the Deputy Commissioner of the district in accordance with the provisions of the Municipal Account Code.48. Permanent advance. [Section 31(1)].
- Each Head of Department may be provided with such permanent advance as the [Committee] [Substituted the words by 'Chief Executive Officer' vide Notification, dated 21.4.1995.] may consider suitable to meet petty expenditure and out of the sum so provided, the Head of the Department may sanction temporary imprests to responsible subordinates who shall render accounts for the expenditure incurred by them within a specified period and in any case before the close of each month.[49. Power to sanction expenditure [Section 31 (L)]. - (1) The President, Executive Officer and Secretary shall have the power to sanction non-recurring contingent expenditure up to the limits specified below subject to funds being available under the head of contingencies:-| (a) President | Upto Rs. 5000 in any case. |
| (b) Chief Executive Officer | Upto Rs. 3000 in any one case. |
| (c) Secretary | Upto Rs. 1000 in any one case.] |
50. Payment in general. [Section 31 (1)].
- Except in case of payment made out of the permanent advance authorised under bye-law 48 above, no payment shall be made except under the written orders of the [Executive Officer] [Substituted the words 'Chief Executive Officer' vide Notification, dated 21.4.1995.] :Provided that no payment order shall be passed by the accounts branch unless the bill has been previously passed for payment by the Head of the Department of the concerned branch.51. Office hours. [S. 31 (1)].
- The Committee's office shall be opened on all days except on holidays observed in the office of the Deputy Commissioner and the hours of work shall be according to the timings observed by the Deputy Commissioner's office from time to time.[52. Inspection of files by members, Section 31(L) - Any member of the committee may obtain permission from the President or the Executive Officer to inspect any paper connected with the business of the committee and inspect the same in the office on any working day but the President or Executive Officer may in public interest direct that no public discussion on any particular subject shall take place at the time of such inspection.] [Substituted vide Notification, dated 21.4.1995.]53. Medical treatment. [Section 31(1)].
- The scale of medical treatment and medical reimbursement available to municipal employees will be such as is admissible to employees of the Haryana State Government.[54. Powers under section 33. - Nothing in these bye-laws shall be deemed to affect the powers conferred on the President, the Medical Officer of Health, the Executive Officer or the Secretary under section 33 of the Act.] [Substituted vide Notification, dated 21.4.1995.][54A. Supply of copies fees therefor etc. Section 31(h): - (1) Any person shall be entitled to obtain copies of -(a)All resolutions of the Committee;(b)all final orders passed by the Municipal Officers on any matter which affects the applicants or a copy of such orders and so much of any recommendation made by some other person as is necessary to explain the meaning of such final orders;(c)plans of buildings and the survey maps;(d)registers showing rights and titles connected with immovable property;(e)as regards copies of any other records maintained by the Committee the Secretary or the Executive Officer, as the case may be, shall decide if any person is entitled to receive any copy under these bye-laws and may be special order direct that copies of documents other than those specified above, may be granted to applicant for reasons to be recorded in writing;(f)all copies will be certified by the Secretary or the Executive Officers of the Committee, as the case may be.| (i) Ordinary fees for first 200 words | Rs. 5.00 |
| (ii) Additional words upto 100 | Rs. 2.50 |