Telangana Municipal meeting Rules 2021

GOVERNMENT OF TELANGANA
ABSTRACT

Rules — The Telangana Municipalities - (Conduct of Business in Municipal Council) Rules, 2021 - Notification - Orders - Issued.

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MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (MA) DEPARTMENT

G.O.Ms,No.215,

Dt.22.12.2021

Read the following

1. The Telangana Municipalities Act, 2019 (Act No. 11 of 2019).
2. From the Commissioner & Director of Municipal Administration, Hyderabad. Letter Dated: 28.06.2021.

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The Commissioner & Director of Municipal Administration, Hyderabad in the letter 2nd read above has requested to the Government to issue the Telangana Municipalities (Rules and Regulations of the proceedings of the Council) Rules for conduct of Business in Municipal Council.

2. The Government after careful examination of the proposal of the Commissioner & Director of Municipal Administrationi Hyderabad hereby decided to make the Telangana Municipalities (Conduct of Business in Municipal Council) Rules, 2021.

3. Accordingly, the following notification will be published in an Extra-ordinary issue of the Terangana Gazette, Dated: 22.12.2021.

NOTIFICATION

In exercise of the powers conferred under sub-section (1) of section 238 read with sub section (1) of section 59 of the Te[angana Municipalities Act, 2019 (Act No. 11 of 2019), the Government of Telangana hereby makes the following rules relating to 'Conduct Of Business" in all Urban Local Bodies in the State.

Short title. commencement and extent:-

1. These rules may be called the Telængana Municipalities (Conduct Of Business in Municipal Council) Rules, 2021
2. They shall come Into force at once.
3. These rules shall apply to all Municipal Councils and Municipal Corporations in the State except Greater Hyderabad Municipal Corporation

Definitions:-

1. In these rules, unless the context otherwise requires;
   1. "Act" means the Telangana Municipalities Act, 2019.
   2. "Commissioner" means Commissioner of the Municipality appointed by Government under section 38 of the Act,
   3. "Council" means the Municipal Council constituted under section 3 Of this Act;
   4. "Corporation" means the Municipal Corporation constituted under section 3 Of this Act;
   5. "Chairperson*' and "Vice-Chairperson" means;
      1. in relation to a Municipal Corporation the Mayor and the Deputy Mayor respectively;
      2. in relation to a Municipal Council, the Chairperson and Vice- Chairpersonr respectively;
   6. "Government" means the Government of Telangana.
   7. "Municipality" means - Institutions of self-government constituted under article 243Q of the Constitution of India and includes a Municipal Corporation and a Municipal Council as declared and notified under the provisions of the Act and the expression Municipality shall be construed as Municipal Council and Municipal Corporation wherever the context so requires and unless provided otherwise under the Act.
   8. "Section" means a section of the Act; and
   9. Words and expression used but not defined in these rules shall have the meanings respectively assigned to them in the Act.

Contd. page. 2.

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3. Conduct of Meetings:-

1. The Municipal Council or Corporation shall Provide an office and shall meet for the transaction of business at least once in every month, upon such days and at such times as it may fix and also at other times ås often as a meeting is called by the Chairperson. And at such other times as requisitioned in writing by not less than 50% of total members of the Council or Corporation.
2. Provided that no meeting except a meeting referred to in sub-section (1) of section 10 and sub section (1) of section 20 of the Telangana Municipalities Act, 2019 shall be held on a public holiday.

   Explanation:- For the purposes of these rules, the expression "public holiday" includes Sundays and any other day declared by the Government, by notification in the Telangana Gazette, to be a public holiday.

3. No meeting shall be held unless notice of the day and time and place when the meeting is to be held and of the business to be tr,ansacted thereat has been given at least three clear working days before the day of the meeting by the Mayor/Chairperson
4. In cases of urgency the Mayor / Chairperson may convene a meeting by giving shorter notice than that specified in sub-rule (3),
5. Every meeting of the Council or Corporation shall be presided over by the Mayor/Chairperson or in his/her absence the Deputy Mayor/ Vice-Chairperson or in the absence of both of them, panel of four members of the Council or Corporation as decided by the members present by a simple majority, subject to availability of quoram as mentioned in rule 4.
6. Conduct Of meeting shall be as per agenda items only.

4. Quoram:-

1. No business shall be transacted at a meeting unless there be present a quoram of at least 6 (six) members and if the number of Members on the Council or Corporation exceeds sixteen and above, at least one third of that number, Any fraction arising while determining the one third of the total members shall be ignored.
2. If within half an hour after the time appointed for a meeting a quorum is not present, the meeting shall stand adjourned, unless all the members present agree to wait longer. The adjourned meeting shall be held at any time within next 24 hours and the business at such adjourned meeting may be transacted without the requirement of the requisite quorum.

Contd. page. 3.

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5. Decision by Majority:-

1. All decisions and resolutions of Council shall be made by a simple majority of the members present and voting at the meeting, subject to availability of quoram. In every case of equality of votes, the Chairperson, who is presiding member of the meetlng, shall have and exercise a second or casting vote.
2. No resolution of the Municipal council or Corporation shall be modified or cancelled within three months after the passing thereof except at a meeting specially convened in that behalf and by a resolution of the Municipal council or Corporation supported by not less than two third of the number of Members then on the Municipal council or Corporation.
3. When a member gives a dissent note on any of the agenda of the meeting, the Chairperson shall incorporate the same, in the minute book. If the Chairperson fails to record the dissent note given by any member in the minute book, the Commissioner shall record the same and intimate the member, who gave the dissent note. The Municipal Commissioner, shall immediately, within forty-eight hours of the meeting, submit to the District Collector, a copy of the minutes of dissent note that may be forwarded to him by the Member.
4. The District Collector, after receipt of minutes of dissent note, within three working days, shall issue a show cause notice to the Council or Corporation and call for the explanation on the dissent note by giving a time Of 7 days. On receipt of the explanation from the Council or Corporation and based on merits, the district Collector, within 7 working days, pass a speaking orders either allowing the dissent by suspending the resolution under section 65 (2) of the Act or dismiss the dissent and order for implementation of the resolution. If during the course, the District Collector notices that the said resolutions were passed with malafide intention by the council, he shall initiate action against the Chairperson, Vice- Chairperson or any member, as per section 66 of the Act.

6. Agenda of the Meetinq:- The agenda for the meeting shall be prepared by the Municipal Commissioner in consultation with the Chairperson. The Commissioner may include in the agenda any subject which in his opinion should be considered by the Municipal council or Corporation and shall include therein any subject specified by the Chairperson. On any subject included in the agenda. the Chairperson as well as the Commissioner shall have the right of recording his/her views in a note and such note shall be circulated to the members or placed before the Municipal council or Corporation before or at the time of the consideration Of such subject by the Municipal council or Corporation. The copy of the agenda shall be communicated to the members by the Mayor/Chairperson within the period as mentioned jn rule (3) & (4).

7. Members to attend the Council meetinq:-

1. No member other than the elected members including ex-officio and co-opted members, and Municipal Officials or special invitees as required by the Chairperson shall attend the Council meeting.
2. The Chairperson or any other functionary as euthorised by the Chairperson, if required, may convene a press conference after the council meeting and brief the proceedings of the council.

Contd. page. 4.

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8. Code of Cooduct:-

1. No member shall vote or take part in discussion on any question in which he has personal or pecuniary interest of his own either directly or indirectly.
2. The Chairperson discussion may of prohibit the council,any member if he has either a reason from voting to believe or taking that partthe in the member has such interest, after recording reasons therefore. If the aggrieved member challenges the decision of the Chairperson, he shall place the question before the Council, whose decision shall be final and binding on such member.
3. Where a member present at the meeting believes that the Chairperson has a personal or pecuniary interest in any matter under discussion, and if a motion to that effect is carried by two third majority of the members present, the Chairperson shall abstain himself from the meeting during discussion. In such case, the Chairperson shall not be entitled for any vote on such motion including the casting vote mentioned in rule 5(1)
4. If the conduct of a member in the meeting of the Council is not in order in the opinion of the Chairperson, he may direct such member to withdraw from the meeting of the Municipal Council for the day. But where a person ordered to withdraw, continues to remain in the meeting, the chairperson shall take steps to cause such member removed.
5. Where a member who disregards the authority ot the chair or abuses the procedural rules of Government, bye laws or regulations of the Municipality by persistently and wilfully obstructing the business thereof, the chairperson if deems it necessary shall put the question that the member by naming him, be suspended from functioning, after affording reasonable opportunity of hearing the said member, for a period not exceeding three consecutive months, reckoned from the date cf that meeting

Provided the Municipal Council may at any time resolve that such suspension be terminated. A member suspended under sub rule 5 shall forthwith withdraw from the precincts Of the proceedings Of the meeting.

9. Other issues for discussion in the Meeting:-

1. The Municipal Commissioner shall place before the Council, the monthly income & expenditure particulars, the annual statement Of accounts, audit report and the administration report of the preceding year for the information of the council.
2. The Municipal Commissioner shall also place the latest minutes of the quarterly meetings of the Ward Committees constituted under section 17 and 30 of the Act, before the council or Corporation for discussion.

10. Recording of Minutes:-

1. 1. The minutes of the council Meeting shall be written by the Municipal Commissioner or the officer authorized by him end shall be signed by the Chairperson or the Mayor or any other member who chaired the council meeting soon after the meeting and not beyond one day. If Chairperson, Mayor or the presiding officer fails to sign, the Municipal Commissioner shall approve and sign the minutes within next day. The minutes of such proceedings shall be placed before the Municipal Council or Corporation for perusal in the next meeting. The copy of minutes shall, at reasonable times and without charge, be open at the municipal office to the inspection of any person who pays any tax under the Act in the municipality.
   2. The proceedings of every meeting of the Council or Corporation shall be video-graphed
   3. The Municipal commissioner shall be responsible for any deviation or delay in recording and communication Of the minutes Of the meetings,

Contd. page. 5.

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11. Communication of the minutes:- Within three days of the date of the meeting, a copy of the minutes of the proceedings, shall be forwarded by the Commissioner, to the District Collector, Additional Collector, Local Bodies and another copy to the Regional Director-cum-Appellate Commissioner of Municipal Administration of the region, in which the municipality is situated, affixed to the notice board Of the municipal office and sent to the Commissioner & Director of Municipal Administration and to the superintendlng officers appointed under subsection (1) of section 72 for information and necessary action. The copy of the minutes shall also be made available in any electronic format in the manner as prescribed by the Government.

12. The Commissioner shall have the custody of the proceedings and records of the Municipal Council or Corporation and may grant copies of any such proceedings and records on payment of such fees as the council may, by general or special order, determine.

13.The decisions of the council shall be in accordance to the provisions and spirit of the Act and any extraneous acts or decisions against to the provisions of the Act, shall be liable for suspension/cancellation of the resolutions by the District Collector/Government. It shall be the duty of the Municipal Commissioner to bring the details of such resolutions without implementing the same to the notice of the District Collector and Government.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)

C.SUDHARSAN REDDY

SECRETARY TO GOVERNMENT

To
The Commissioner of Printing Stationary and Store Purchase, Hyderabad. (for publication of the Notification on the Extra-ordinary Gazette & Supply 50 copies of the same)
The Commissioner & Director of Municipal Administration, Hyderabad
Copy to:-
The Law (A) Department.
OSD to Hon'ble Minister for MA & UD
OSD to Special Chief Secretary to Government, MA& UD. Department.
P.A to Secretary to Government, MA &UD Department. svsc.

//FORWARDED BY ORDER'/

SECTION OFFICER

Pages: 1 2 3 4 5

File No.CDMA-H1/ELPL/OTH/71/2021-H1 SEC-CDMA GOVERNMENT OF TELANGANA MUNICIPAL ADMINISTRATION DEPARTMENT 0/0 Commissioner & Director of Municipal Administration, Telangana, Hyderabad. CIRCULAR Roc No E-341423-2021-H1 Dt 24/12/2021 Sub:- MA Department -Rules & Regulation of the Proceedings of the Council - Communicated-Req-Reg. Ref:- G.O.Ms.N0.216 MA&UD (MA) Department Dt.22.12.2021 . The attention of all the MCs noted in the address entry is invited to the reference cited, wherein the Government have issued the Telangana Municipalities (Conduct of Business in Municipal Council) Rules 2021. 2. In this regard, all the MCs are hereby instructed to follow the above Rules for conduct of Business in the Municipal Councils and also record the minutes of the meeting and shall be signed by the Chairperson or the Mayor or any other member who chaired the council meeting soon after the meeting and not beyond one day and in case of failure, to be signed by MC within next day as provided in Sec. 59 of TMAct, 2019. 3. Further, within three days of the date of the meeting, a copy of the minutes of the proceedings, shall be forwarded by the Commissioner, to the District Collector, AC,LBs and another copy to the RDMA of the region, affixed to the notice board of the municipal office and sent to the CDMA and to the superintending officers appointed under subsection (1 ) of Section 72 for information and necessary action. 4. Therefore, all the Municipal Commissioners in the State are hereby instructed to follow the above Rules for conduct of Council meetings and also ensure that the Municipal Council or Corporation shall meet for transaction of business at least once in every month and submit compliance report regularly to Collector concerned, RDMAs concerned and C&DMA. Encl: -As above. Dr N Satyanarayana I A S Director Of Municipal Administration All the MCs in the State (except GHMC). Copy to the RDMAs of Hyderabad & Warangal with a request to communicate the same to all the MCs. Copy to all the AC, LBS (except Mulugu and Hyderabad) for information & necessary action. Copy to all the Collectors & District Magistrates (except Mulugu and Hyderabad) in the Stat for information. Signed by DR N SATYANARAYANA I A S Date: 24-12-2021 Reason: Approved