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State of Himachal Pradesh - Section

Section 10 in The Himachal Pradesh Municipal Corporation Act, 1994

10. Composition of municipalities.

(1)The municipalities constituted under section 3 shall consist of [ [***] [Words inserted vide Act 12 of 2010]] such number of elected members not less than seven as may be determined by the State Government, by adopting the criterion that in municipal area having population of : -
(i) [ Not exceeding 6150 [Existing clause (i) to (vii) substituted vide Act No. 28 of 2005.] .. 7 members
(ii) Exceeding 6150 but not exceeding 12,300 .. 9 members
(iii) exceeding 12,300 but not exceeding 24,600 .. 11 members
(iv) exceeding 24,600 but not exceeding 36,900 .. 13 members
(v) exceeding 36,900 but not exceeding 49,200 .. 15 members
(vi) exceeding 49,200 but not exceeding 61,500 .. 17 members
(vii) exceeding 61,500 .. 19 members:]
Provided that the determination of the number of members as aforesaid shall not affect the composition of the municipality until the expiry of the term of office of the elected members then in office.[Provided further that in case of increase or decrease in the number of wards (seats) in a municipality due to higher or lesser population growth rate of that municipality than the average population growth rate of the urban area of the State, as the case may be, in that event existing number of wards (seats) of that municipality shall be maintained.] [Proviso inserted vide Act No. 28 of 2005.]
(2)Save as provided in sub-section (3), all seats in that municipality [***] [Omitted 'including President and the Vice-President' by Act No. 50 of 2013, dated 20.9.2013.] shall be filled in by persons chosen by direct election and for the purpose of election, the Deputy Commissioner shall, in accordance with such rules as may be prescribed by the State Government,-
(a)divide the municipal area into wards in such a manner that -
(i)one member shall be elected from each ward ; and
(ii)as far as possible the population in each ward shall be equally distributed ;
[***] [Omitted by Act No. 50 of 2013, dated 20.9.2013.].
(b)determine the territorial extent of each ward ; and
(c)determine the ward or wards in which seats are reserved under section 11.
(3)[ In a municipality, in addition to persons chosen by direct election under this section, the Members of the State Legislative Assembly, representing constituencies which comprise wholly or partly in municipal area, shall also be the members [with voting right] [Sub-section (3) substituted vide Act No. 8 of 1997 w.e.f. 10.1.1997.]][*****] [Existing proviso deleted vide Act No. 10 of 2003 effective w.e.f. 24-5-2003..]
(4)[ The state Government may, by notification, nominate as members not more than three persons having special knowledge or experience of municipal administration:Provided that a person who contested and lost the immediately preceding election of a municipality shall not be nominated by the State Government as a member of that municipality or any other municipality during its existing term:Provided further that a member nominated under this sub-section whether before or after the commencement of the Himachal Pradesh Municipal (Amendment) Act, 2003 shall hold office during the pleasure of the State Government, but not beyond the term of municipality as provided for in sub-section (1) of section 14 of this Act.
(5)The nominated members referred to in sub-section (4) and the Executive Officer in case of Municipal Council and Secretary in case of Nagar Panchayat, shall have the right to attend all the meetings of the municipality and to take part in the discussion therein but shall not have any right to vote.] [Sub-sections (4) & (5) Inserted vide Act No. 10 of 2003 effective w.e.f. 24-5-2003..]