The Kerala Municipality (Procedure for Meeting of Council) Rules, 1995

 

1. Short title and commencement.— (1) These rules may be called the Kerala Municipality (Procedure for Meeting of Council) Rules, 1995.

(2) They shall come into force at once.

2. Definitions.— In these rules, unless the context otherwise requires,-

(a) 'Act' means the Kerala Municipality Act, 1994 (20 of 1994);
(b) 'Authorised Officer' means an officer authorised by the Government under sub section (2) of section 19 or sub-section (4) of section 36, as the case may be;
(c) 'Form' means a form appended to these rules;
(d) 'Section' means a section of the Act;
(e) Words and expressions used and not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Place and time of meeting.— (1) Every Municipality shall have an office and the Chairperson shall convene the meetings of the Council in the Municipal Office at least once in a month and also according to necessity that may arise on such date and time as may be fixed by him:

Provided that no meeting shall be held on days declared as public holidays by Government:

Provided further that no meeting shall be held before 9 O' Clock in the morning and after 6 0' Clock in the evening, except in urgent situations.

4. Notice and agenda of the meeting.— (1) The notice regarding place, date and time of the meeting and subjects to be discussed in the meeting hall be given to the members at least three clear days prior to the date fixed for the beginning of the meeting.

Provided that in the above said clear days declared holidays shall be included by the date of receipt of notice and the date of meeting shall not be included.

(2) Copy of notice of the meeting and agenda for the meeting shall be published in the notice board of the office.

5. Emergency meeting.—Notwithstanding anything contained in rule 4, where urgent decision of the Council is inevitably required in any case, the Chairperson may convene meeting of the Council by giving short notice.

 

* Published in K.G.Ex. No 722 dt. 26-3-2001, as G.O.(P) No. 88/2001/LSGD.

6. Preparation of agenda.—(1) The Secretary shall prepare the agenda for the meeting in consultation with the Chairperson.

(2) Subject to sub-rule (1) the agenda shall include the subject which according to the Secretary requires consideration of the Council and that proposed by the Chairperson.
(3) The Chairperson and the Secretary shall have the right to record their opinion as note regarding any subject included in the agenda and such recorded note shall be issued to the members before the meeting or submitted in the Council at the time of discussion of the subject.

7. Requisition for convening of meeting.—(1) The Chairman shall if so requested in writing by not less than one third of the members in the Council existing at that time convene the meeting of the Council:

Provided that the notice requesting the convention shall contain a date other than a public holiday for convening the meeting and the subject or subjects to be considered in the meeting and such notice shall be given to the Chairperson or in his absence to the Secretary or in the absence of both, to the officer having charge of the office at that time, ten days prior to the date proposed in the notice for convening the meeting, at the Municipal office on working hours:

Provided further that the Chairperson may, if so thinks fit, accept a notice with less than ten days.

(2) The members who have issued notice under sub-rule (1) may, if the Chairperson does not convene the meeting within three days from the receipt of the notice under sub-rule (1) on the specified therein, convene the meeting by giving notice to other members as provided in rule 4. No subject other than the subjects mentioned in the notice shall be discussed in such meeting.

8. Convening of meeting in the absence of Chairperson or Deputy Chairperson.— If the offices of Chairperson and Deputy Chairperson are vacant, the Chairman of the Standing Committee holding charge of the Chairman shall convene the meeting.

9. Meeting of the Council to be held open.—The public and reporters shall have access as visitors to all the meetings of the Council and such access shall be controlled by the Chairperson or the Deputy Chairperson or the presiding member.

Provided that the Person presiding may, for reasons to be recorded in the minutes book, direct the public in general or any person or persons in particular to withdraw or be removed from the meeting of the Council.

10. Holding and presiding over meetings.—(1) The Chairperson or in his absence the Deputy Chairperson or in the absence of both, Chairman of Standing Committee shall, in the order of preference specified in sub-section (1) of section 20 take Chair of the meeting of the Council of a Municipality.

(2) The Chairperson or person presiding shall control the meeting and shall decide all points that arise at or in connection with the meeting, in accordance with rule 25.
(3) The decision taken by the Chairperson or the person presiding in connection with any point of order shall, save as otherwise provided in the Act or in these rules be final.

(4) The Chairperson or the persons presiding shall, if any member behaves disorderly and causes obstruction in conducting the meeting, direct such member to withdraw forthwith and if he disobeys suspend him from the meeting for such period as the Chairperson or the persons presiding may decide and the member so suspended shall immediately withdraw from the meeting failing which he may be removed, if necessary by using reasonable force:

Provided that the Chairperson or the person presiding may cancel the suspension order at his discretion, and shall cancel the same if so required by resolution of the Council.

(5) The person presiding shall, while so presiding, have all the powers of Chairperson.
(6) No subject which is not included in the agenda shall be discussed or decided in the meeting.

Provided that if all the Councillors present agrees any subject of urgent importance may be considered in the meeting.

11. Council decision.—TheCouncil shall decided all subjects coming for consideration by majority votes of members present and the Chairman may in all cases of equality of votes exercise a casting vote.
12. Quorum for the Council.—(1) One third of the sanctioned strength of the members of the Council shall be the quorum and no Council meeting shall be held if that much number of members are not present in the meeting.
(2) The meeting shall not be proceeded with if at any time there becomes a fall in quorum.
(3) Even after passing half an hour from the time appointed for a meeting, the quorum does not occur and the members present refuse to wait further, the meeting shall be deemed to have been postponed.
(4) There shall be a register containing the names of members of the Council and the Councillors shall put their signature on it at the commencement of the meeting.
13. Cancellation or modification of resolution.— No resolution of a Council shall be modified or cancelled except through a resolution passed in a meeting of the Council specially convened for the purpose within three months of passing such resolution, by a support of not less than one half of the sanctioned number of members.
14. Preparation of minutes of meeting.—(1) The Secretary shall attend all the meetings of the Council and if he cannot attend a meeting due to unavoidable reasons, an officer authorised in that behalf shall attend the meeting.
(2) The Council shall have a minutes book.
(3) The Secretary shall prepare the draft of the minutes of the meeting and submit the same to the Chairman within twenty-four hours of the meeting for approval.
(4) The Chairman shall, within 24 hours of receipt of the draft minutes prepared by the Secretary, approve the same with corrections in accordance with he committee decisions or otherwise and return it to the Secretary.
(5) The Secretary shall, within 48 hours of receipt of the minutes approved by the Chairman record it in the minutes book of the Council and obtain the signature of the Chairman.

 

 

(6) Immediately after recording the minutes of the meeting in the minutes book, copy of the minutes shall be supplied to the members and a copy (with note of dissent, if any) shall be exhibited in the notice board of the office.

15. Dissenting note on decision,— A member shall, if he has any dissent on the minutes of the meeting, inform the same in writing within forty-eight hours of receipt of the proceedings to the Secretary and the Chairman of the meeting.
16. Forwarding of minutes—.(1) The Secretary shall within seven days after the date of meeting, forward a copy of the minutes of every meeting of the Council (with dissenting note, if any) with the approval of the Chairperson to the Government and the Officer authorised by the Government in this behalf.

(2) The Secretary shall, if any decision of the Government or the authorised officer is required for the implementation of a decision of the Council on account of any dissenting note regarding that decision, bring the same to the notice of the authorised officer and implement it only according to his directions.

17. Interpellation to the Chairperson.—A councillor who desires to ask question shall give that Chairperson a copy of the question which he intends to move at least seven clear days in advance:

Provided that the Chairperson may, if he thinks fit, admit a question with a notice of less than seven days.

(2) The questions by Councillors to the Chairperson shall be confined to matters within the administrative power of the Municipality.
(3) In any meeting of the Council, any Councillor may ask upto two questions for obtaining details from the Chairperson on any matter relating to the Municipality.
(4) No question shall be allowed unless the following conditions are complied with:-
(a) It shall relate to a single matter;
(b) It shall be in clear and precise words;
(c) It shall be prepared in the form of submission to know the details;
(d) It shall not contain arguments, hypothetical inferences, ironical expressions or defamatory statements and anything referring to conduct or character of persons other than that relating to the official or public position;
(e) It shall not refer to any matter which is pending disposal before a Court of law;
(f) It shall be the responsibility of the member who raises the question to confirm the accuracy of the statement;

(g) It shall not contain any non-essentiat name or statement to make the question logical; (h) It shall not raise questions of policy which cannot be confined to an answer;

(i) It shall not be a question which has already been replied or refused;

(j) It shall not be one seeking information on trivial matters;

(k) It shall not be in the nature of charging directly or indirectly on the character of a person.

(5) The Chairperson shall decide whether a question is to be allowed or not before the date fixed for the next meeting and may allow, disallow or partly allow it. He may disallow any question which in his opinion, contravenes these rules on constitutes an abuse of the right of questioning or cannot be answered without affecting public interest and in that case the question shall not be included in the agenda or the proceedings of the meeting.
(6) The Chairperson shall in case he decides to allow a question, direct the Secretary to prepare factual answer regarding it and the Secretary shall prepare the answer within the specified time and give it to the Chairperson.
(7) The question allowed by the Chairperson shall be included in the agenda for the next meeting and the Chairperson shall, unless it has already been withdrawn by the member putting it, answer every question so included in the order by which it is included in the agenda before any other business is taken up at the meeting:

Provided that, even if a question included in the agenda have been withdrawn, the Chairperson may answer a question on the agenda in public interest,

(8) Any member may put a supplementary question for further elucidating a matter which has already been answered:

Provided that, the Chairperson may disallow any supplementary question if in his opinion the contents of the question violate rules.

(9) No discussion shall be permitted in respect of any question or of any answer given to a question.

(10) The question asked and the answer given to it shall be recorded in the minutes of the Council meeting.

18. Procedure for moving resolutions in the Council Meeting.—(1) A Councillor who intends to move a resolution shall give seven clear days a notice of such intention in writing to the Chairperson along with a copy of that resolution:

Provided that the Chairperson may include a resolution in the agenda by a shorter notice than seven days.

(2) No Councillor shall move more than one resolution in a meeting.
(3) The Chairperson shall examine all the resolutions and shall have power to disallow any resolution which in his opinion does not comply with the conditions laid down in sub-rule (4).
(4) a resolution in order to be admissible shall comply with the following conditions, namely:-
(a) It shall relate to matters coming within the administrative power of the Municipality;
(b) It shall be clearly and precisely worded;
(c) It shall relate to a single matter;
(d) It shall not contain argument, hypothetical inferences, ironical expressions or defamatory statements.
(e) It shall not refer to the conduct or character of person except that in his official or public position;

(f) It shall not refer or relate to a matter which is under adjudication by a court of law.

(5) The Chairperson may decide to allow and to give priority to resolutions and may disallow any resolution part or in full which in his opinion contravenes the provisions of the Act or the rules made thereunder and his decision thereon shall be final.
(6) The resolution allowed by the Chairperson shall be included in (he agenda.
(7) The President shall, when any resolution is disallowed and not included in the agenda on any ground under sub-rule (4), intimate the fact to the councillor concerned intimating the reasons for disallowing the resolution.
(8) A Councillor in whose name a resolution is included in the agenda may, when called either move or withdraw of the resolution by making a statement.
(9) If a member allowed to move a resolution is absent, any other Councillor authorised by him may, with the permission of the Chairperson, move the resolution and if so moved it shall be deemed to have been withdrawn.
(10) Every resolution moved by a Councillor shall be seconded by another Councillor.
(11) The discussion on a resolution shall be confined to the contents of the resolution.
(12) Any Councillor may move amendments to resolutions during discussion subject to sub-rules (4), (5) and (10).
(13) The Councillor who has moved a resolution or amendment to a resolution shall not withdraw the same except by leave of the Council.
(14) A resolution included in the agenda shall, if not discussed in that meeting, be deemed to have lasped.
(15) The Chairman shall put amendments to vote ordinarily in the order in which they have been moved and if the amendments are lost, put the original motion to vote.
(16) A resolution which has been discussed and rejected by the Council shall not be moved again before the lapse of six months from the date of rejection.
(17) The time allotted for a resolution shall not exceed half an hour at any Council meeting.
19. Resolution on bye-laws.—A resolution on bye-laws placed before the council under Section 567 of the Act shall be to frame or to modify or to cancel existing bye-laws.
20. When to allow speeches.-(1) A Councillor shall speak only when there is a subject before the meeting or when he moves or seconds or opposes a resolution, except in the following cases:
(a) When speaking on a point of order; or
(b) When making a statement with the special permission of the Chairman.

 

(2) A Councillor in whose name a resolution included in the agenda shall, exeept in the context he withdraws it move the resolution when called upon and shall commence his speech by a formal motion.

21. Order of delivering speech.—After the deli very of speech by the Councillor moving the resolution, other Councillors may speak to the motion in the order in which they are called upon by the Chairman. Any Councillor who does not speak when called upon by the Chairman shall the right to speak later on only with the special permission of the Chairman.
22. Speeches how to he permitted.—Save as otherwise provided, a Councillor shall noi speak more than once on the same subject:

Provided that Councillor may, if the main subject is with regard to the framing cancellation or modification of bye-laws or the financial estimates, move or support amendment more than once.

23. Personal explanation.—Any Councillor may, with the permission of the Chairman give personal explanation on a reference relating to him before the Council not as a part of the discussion.

24. Duration of speeches.—Any Councillor desiring to speak on an issue before the Council shall intimate the same in writing to the Chairman and the Chairman shall call the Councillors in the order of priority. No speech shall ordinarily exceed four minutes in duration:

Provided that the Councillor may, while moving the resolution or amendment be allowed to speak upto eight minutes:

Provided further that the Chairman may at his discretion allow extended or reduced time for speech.

25. Point of order and decision thereon.—(1) Any Councillor may, in the nature of question, raise point of order regarding the compliance of these rules or regarding the interpretation of any bye-laws made to regulate the procedure of the council or the jurisdiction of the Chairman.

(2) The point of order may be raised at the beginning of the business:

Provided that, if the point of order is regarding the regulation or control of business of the Council, a Councillor may be allowed to raise such point of order during the interval between the closing of one item and commencement of another item.

(3) A member may, subject to the conditions in sub-rules (1) and (2), raise a point of order and the Chairman shall decide whether it is a point of order or not and the decision of the Chairman thereon shall be final.
(4) No discussion shall be allowed on a point of order, but the Chairman may, if so thinks fit give an opportunity to the Councillors to speak what they have before taking a decision:
(5) The raising of a point of order shall not be a privilege of the Councillor.
(6) No Councillor shall raise a point of order on the following matters:
(a) to Know any information;
(b) to explain his position;
(c) regarding the resolution which is being moved;
(d) regarding hypothetical matters.

26. Resolutions to be put to vote.—The Chairman shall, when the discussion is concluded or if there is no discussion, put the resolution to vote.

27. Manner of Polling.—Except in cases otherwise provided:

(a) the manner of taking votes in a meeting may be as per the discretion of the Chairman;
(b) if any Councillor demands a poll, it shall be done by raising hand;
(c) the Chairman shall declare the results of the poll and it shall not be challenged.
28. Procedure when the Chairman speaks.—When the Chairman rises for talking, the Councillor speaking shall stop it and sit down immediately. The Chairman may direct the Councillor, repeatedly raising monotonous and improper matters or disputes, to stop his speech.
29. Custody of records.—The minutes and records of the Council and other Committees shall be under the custody of the Secretary.
30. Procedure for the meetings of Committees.—Rules 3, 4, 5, 10, 11, 12, 13, 14 and 15 shall mutatis mutandis apply to the procedure of a committee which may be constituted underSection 35 and any reference to Council or Councillor or Chairperson shall be deemed to be a reference to the Committee of its member or its Chairman, as the case may be.
(2) The Chairman of the Committee shall send a copy of the minutes of each meeting to the Chairperson within three days from the date of meeting and the Chairperson shall place the same in the first Council meeting convened after its receipt.
(3) Each Committee may utilise the service of the employees of the Municipality to perform the affairs of the Committee and to implement the purpose for which it is constituted.

 

31. Motion of no confidence in Chairperson, Deputy Chairperson and Standing Committee Chairman.—A motion expressing no confidence in the Chairperson or Deputy Chairperson or any Standing Committee Chairman of a Municipality shall be made in accordance with the procedure laid down in Section 19 of the Act.

(2) A notice under sub-section (2) of Section 19 shall be in the form appended to these rules.

 

 

 

APPENDIX FORM

[See Sub-rule (2) of rule 3]

Notice regarding the intention to move no confidence motion in * Chairperson/Deputy

Chairperson/Standing Committee Chairman of.........................................................*

Town Panchayat/Municipal Council/Municipal Corporation.

(Designation and address of authorised officer)

*Strike out whichever is not applicable

Sir,

We the following undersigned Councillors of..............................................................

 

Town Pachayat/Municipal Council/Municipal Corporation hereby give notice of intention to move motion of no confidence in Shri/Smt ........................................................................

the * Chairperson/Deputy Chairperson/Standing Committee Chairman of this Municipality. The sanctioned strength of the Council is ...................................................................

A Copy of the motion intended to be moved is enclosed herewith.

Name of Councillor Signature

1.

2.

3.

(To be filled by the authorised officer)

This notice has been handed over to me directly by the Councillor Shri/Smt......

.......................................................................who is also one of the signatories of the notice

at......................................................................(time on).....................(day)...............

.......................................................................(month)........................(Year).............

_____________________________________(Signature of authorised officer)

*Strike out which ever is not applicable

 

Explanatory Note

(This does not form part of the Notification, but is intended to indicate its general purpose.)

Section 36 of the Kerala Municipality Act, 1999 (20 of 1994) empowers the Government to prescribe the procedure for the Council meeting. As per section 19 of the Act, Government have to prescribe the form of notice for moving no confidence on the Chairperson, Deputy Chairperson and Standing Committee Chairman. Clauses (i) and (j) of sub section (2) of section 565 empowers the Government to make rules regarding the interpellation by Councillors to the Chairman and introduction of resolutions in the Council meeting. This Notification is intended to achieve the above purpose.