Section 420 in The City of Nagpur Corporation Act, 1948
420. Power of State Government to make rules.
(1)The State Government may frame forms for any proceeding of the Corporation and may after previous publication make rules for the purpose of carrying into effect the provisions of this Act:[Provided that, if the State Government is satisfied that circumstances exist which render it-necessary to take immediate action, it may dispense with the requirement of previous publication of the rules to be made under this section, for the purposes of conduct of election, under this Act.] [This proviso was added by Maharashtra 8 of 2002, Section 10.](2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-(a)[ the maintenance of the municipal electoral roll] [Clause (a) was substituted for the original by Maharashtra 34 of 1965, Section 28(a)(i).];(b)[ * * *] [Clauses (b), (c) and (e) were deleted, by Maharashtra 34 of 1965, Section 28(a)(ii).];(c)[ * * *] [Clauses (b), (c) and (e) were deleted, by Maharashtra 34 of 1965, Section 28(a)(ii).];(d)the nomination of candidates and objections to such nomination;(e)[ * * *] [Clauses (b), (c) and (e) were deleted, by Maharashtra 34 of 1965, Section 28(a)(ii).];(f)the date and time of elections, the mode of recording votes, the management of contested elections, and the procedure in case of equality of votes or in the event of one Councillor being elected to represent more than one ward [* * *] [The words 'or interest' were deleted, by Maharashtra 34 of 1965, Section 28(a)(iii).];(g)the holding of elections to fill casual vacancies;(h)the division of electorate into wards [* * *] [These words 'or communities' were deleted, by Maharashtra 34 of 1965, Section 28(a)(iv).] and the allocation of Councillors thereto;(i)the procedure for elections under this Act, the contribution towards election expenses by candidates, the deposit of security by candidates and the conditions of forfeiture of such deposits;(j)any other matter relating to representation and election for which it may be expedient to provide;(k)the qualifications requisite in the case of persons appointed by a municipal authority to offices requiring professional skill;(l)the procedure to be observed for the employment, punishment, suspension or removal of officers and servants of the Corporation and appeal from orders of punishment or removal];[(l-i) the extent of general supervision and control to be exercised by the [Commissioner] [Clause (l-i) was inserted by M. P. Act XXXIV of 1950, Section 5(i).] over servants of the State placed at the disposal of the Corporation under section 58-A];[(l-ii) the conditions of service in regard to the leave, provident fund, and pension admissible to the person transferred in pursuance of sect ion 50 in respect of the period of service rendered by him before such transfer and the extent of the liability of the local authorities concerned with the transfer] [Clause (l-ii) was inserted by M. P. Act X of 1951, Section 3.];(m)the conditions on which property may be acquired by the Corporation or on which property vested in the Corporation may be transferred by sale, mortgage, lease, exchange or otherwise;(n)the authority on which money may be paid from the municipal fund, and the management and regulation of provident funds;(o)the preparation of plans and estimates for works partly or wholly to be constructed at the expense of the Corporation and for the preparation, and periodical revision of maps and registers made under section 74 and for the authorities by which and the conditions subject to which such plans, estimates, maps and registers are to be prepared and sanctioned;(p)the regulation of contracts with electric supply companies for the supply of electrical energy;(q)the preparation of estimates of income and expenditure of the Corporation, and as to the persons by whom, and the conditions subject to which such estimates may be sanctioned;(r)the manner of making applications for permission to borrow money; the enquiries to be made in relation to loans and the manner of conducting such enquiries; the inspection of any works carried out by means of loans; and the utilisation of unexpended balances of loans, etc.;(s)the manner in which accounts are to be kept by the Corporation; the conditions on which such accounts are to be open to inspection by inhabitants paying any tax under this Act, the manner in which such accounts are to be audited and published and the power of auditors in respect of disallowance and surcharge;(t)the assessment and collection of and the compounding for revision or limiting refunds or taxes imposed under this Act, and preventing evasion of the same; and for fixing the fee, payable for notices of demands;(u)the conditions on which, the Corporation may receive animals or articles into a bonded warehouse and the agreement to be signed by traders and others wishing to deposit animals or articles therein;(v)the returns, statements and reports to be submitted by the Corporation;(w)the formation and working of the municipal fire-brigade;(x)the language in which business shall be transacted, proceedings recorded and notices issued;(y)the publication of notices;(z)generally for the guidance of the municipal authorities and public officers in carrying out the purposes of this Act;(z-1) the same purposes as those for which the Corporation may make by-laws under the provisions of section 415;(z-2) any other matters incidental or ancillary to the matters in respect of which the State Government is empowered to make rules :[Provided that no rules in respect of any matter relating to the preparation of electoral rolls and conduct of elections shall be made without consultation with the State Election Commissioner :Provided further that, any such rules may provide for charging of fess for any of the purposes of this Act.] [These provisos were added by Maharashtra 41 of 1994, Section 103.](3)Rules under clauses (a) to (j) of sub-section (2) may among other matters provide -(i)[ the preparation, publication and sale of copies of the municipal electoral roll] [Clause (i) was substituted for the original by Maharashtra 34 of 1965, Section 28(b)(i).];(ii)[ * * *; [Clauses (ii) to (vi) were deleted, by Maharashtra 34 of 1965, Section 28 (b)(ii).](iii)* * *;(iv)* * *;(v)* * * ;(vi)* * *];(vii)for the form and manner in which and the conditions on which nominations may be made, and for the scrutiny of nominations;(viii)for the appointment of a returning officer for each ward and for his powers and duties;(ix)for the appointment of polling stations for each ward;(x)for the appointment of officers to preside at polling stations, and for the duties of such officers;(xi)for the checking of voters by reference to the electoral roll;(xii)for the manner in which votes are to be given and in particular for the case of illiterate voters, or voters under physical or other disability;(xiii)for the procedure to be followed in respect of tender of votes by persons representing themselves to be electors after other persons have voted as such electors;(xiv)for the scrutiny of votes;(xv)for the safe custody of ballot papers and other election papers, for the period for which such papers shall be preserved, and for the inspection and production of such papers;(xvi)for the definition of the practices at elections held under the provisions of this Act which are to be deemed to be corrupt;[ [(xvii) x x x] [Clauses (xvii) and (xx) were omitted by M. P. Act XXXIV of 1950, Section 5(ii) and (c).]; ](xviii)[ for the procedure to be followed by the District Court in enquiries relating to applications presented under section 428, the liability of witnesses to answer questions, the evidence to be recorded, the powers lo be exercised including power to indemnify witness against civil or criminal proceedings and the enforcement of orders made in such enquiries] [Clause (xviii) was substituted, by M. P. Act XXXIV of 1950, Section 5(ii)(b).];(xix)for rendering incapable of municipal office either permanently or for a term of years any person who may have been proved guilty as aforesaid of a corrupt practice or of conniving at or abetting the same;(xx)[ x x x] [Clauses (xvii) and (xx) were omitted by M. P. Act XXXIV of 1950, Section 5(ii) and (c).];(xxi)for provision of other matters incidental or ancillary to the [* * *] [The words 'preparation, revision' were deleted by Maharashtra 34 of 1965, Section 28(b)(iii).] publication and regular maintenance of the roll and for the conduct of elections.(4)In making rules under clauses (d) and (i), and clauses (t) and (u) of sub-section (2), the State Government may direct that a breach of any provision thereof shall be punishable with fine which may extend to Rs. 500.(5)Notwithstanding anything hereinbefore contained the State Government shall not make rules under clause (z-2) of sub-section (2) for the Corporation unless the Corporation has been required by the State Government to make by-laws under section 415 and has failed to make any such by-laws, or having made them has failed to obtain their confirmation by the State Government as required by sub-section (1) of section 418 within nine months of the date of the order of the State Government requiring them to be made, and any rules made by the State Government under clause (z-2) of subsection (2) shall have effect as if they were, and shall be deemed for all purposes to be by-laws, made by the Corporation.
