(1)Subject to the provisions of this Act, the Chairperson shall have powers of inspection and may give such directions and orders as he thinks fit with regard to the implementation of any resolution of the Council or Committees in the discharge of any function of a Municipality and the Secretary shall be bound to comply with such direction.(2)Except as otherwise provided in this Act or thereunder, the administrative powers to implement the provisions of this Act and the resolutions passed by a Council, shall be vested in the Chairperson and he shall be directly responsible for the proper discharge of the functions imposed by or under this Act.(3)Without prejudice to the generality of the foregoing provisions the Chairperson shall-(a)preside over and control the proceedings of the meetings of the council of the Municipality of which he is the Chairperson;(b)supervise and control the acts done and steps taken by the officers and employees of the Municipality, prepare the confidential report of the Secretary and also review the confidential reports prepared by the Secretary in respect of other employees;(c)meet the contingent expenses to such extent, as may be fixed by the Government from time to time;(d)authorise the payment and repayment of money relating to the Municipality;(e)cause to be prepared the statements and reports required to be prepared by or under this Act;(f)exercise such other powers and perform such other functions that may be conferred or entrusted under the provisions of this Act or the rules made thereunder.(4)The Chairperson may, in emergent circumstances, direct the execution of any work or performance of any act, in respect of which sanction of the Council is necessary and in his opinion the immediate execution or performance of which is necessary for the safety of the public and may also direct that the expenses incurred for the execution of such work or performance of such act be paid from the fund of the Municipality;Provided that,-(a)no act shall be done under this section in contravention of any decision of the Council prohibiting the execution of any work in the performance of any particular act; and(b)the steps taken under this sub-section and the reasons therefor shall be reported at the next meeting of the Council and its approval obtained.(5)[ The Chairperson shall call the Secretary or any officer or employee under the control of Municipality including the Government Officer or employee transferred by the Government to the service of the Municipality to discuss with him on any matters relating to the functions and administration of the Municipality which are vested in or delegated to the Municipality by or under this Act, and it shall be the duty of such officer or employee to attend such discussion or the meetings convened by the Chairperson.(6)The Chairperson shall have the power to suspend from service any officer or employee in the service of Municipality if necessary, other than the Secretary and other Government Officers in the Gazetted rank, transferred to the service of the Municipality, where disciplinary action have to be taken against them, on grounds of gross negligence of duty, dereliction of duty and violation of rules and standing orders:Provided that the Chairperson shall place the order of suspension before the Council in its next meeting and get the order ratified by the Council, failing which the order shall stand invalid.(7)The Chairperson shall have the power to call for from the Secretary or any other officer under the Municipality, any file and record in writing relating to the administration of the Municipality and issue directions and orders thereon in accordance with the provisions of this Act, rules or standing orders made thereunder:Provided that the Chairperson shall not call for the files and records which are related to the exercise of statutory functions regarding Municipal Administration vested only in the Secretary or any other officer.(8)The Chairperson shall refer to the Government for decision at once, any resolution passed by the council which in his opinion has not been legally passed or is in excess of power conferred by this Act or any other law or if carried out is likely to endanger human life or health or public safety.] [Added by Act 14 of 1999, w.e.f. 24-3-1999.]
