(1) A Municipality m,ay, by special resolution and not otherwise, punish, dismiss or remove its Public Health Officer or Water Works or Electrical Engineer:
Provided that no such resolution as aforesaid shall be proposed until the officer concerned except when he is to be punished, dismissed or removed on the ground of his conviction on a criminal charge has been given a reasonable opportunity or showing cause against the action proposed to. bu taken in regard to him:
Provided further that where; the officer concerned is in the service of Government and his services have been wholly or partly lent to the Municipality, no such resolution as aforesaid in respect of him shall be proposed, except wiili the previous sanction of the Administrator or of the head of his parent Department as the case may be.
(2) A resolution punishing, dismissing or removing any of the aforesaid officers shall be communicated to the officer concerned and shall not take effect until the expiration of fifteen days from the date when the communication was served on him, or, in the event of an appeal being filed by him under subjection (3), until the appeal is decided.
(3) Any cl the aforesaid officers may, within fifteen -days of the receipt of notice of a resolution of punishment, dismissal or removal, appeal to the Administn t r t. cn;Ji ;1ie Chief Secretary and the Administrator shall thereupon either allow, disallow or vary the punishment, dismissal or removal.
(4) Ota (receiving an appeal ujnder sub-section (3).the Administrator may if he thinks fit suspend the officer concerned pending the decision of the appeal.
(5) The Administrator shall have authority to require in accordance with the orocediire laid down in this section the dismissal or removal of any of the aforesaid officers in the case of proved incompetence.
Employment of other officers and servants.
28 Subject to the provisions of this Regulation and the rules and byelaws made thereunder a Municipality may employ such other officers and servants belonging to Group t C & 'Dº category for the efficient execution of its duties and may a:dgtt '..> such officers and servants such pay and allowance as it thinks fit:
Provided that such appointment should not exceed the sanctioned strength as per the Budget approved by the Administrator.
Protection of action taken in good fwth.
29. No suit shall be maintainable n^ainst̂ any ̂ officer observant of a Municipality, or any member, or any person acting- under the direction of1 such officer, servant or member in respect of anything in good faith done under the Regulation or any rule or bye-law made thereunder.
SEC. 1] THE GAZETTE OF INDIA ivKfR^.ORDINARY 17
Provided that every such person Mian no hauls: ior toe JOSS, waste or misapplication oi any money or omer propeny oeiougiug to tne Munieipaliuy if sueli loss, waste or misapplication is a uirect consequence ol neglect or misconduct in the discharge of his duiies under this Regulation; and a suit for compensation for Ihc same may be instituted against him by the Municipality with sanction oi the Deputy Comnnssionei or the Administralor.
JO. liveiy member and every municipal oiiieu and servant shall be deemed to be a puDlic servant within tne meaning oi section 21 ol tho Indian hjnai Code.
Municipal officers to be public servants.
31. If any Municipal omcer or seivanl knowingly acquires, directly or indirectly, by nimsell or by partner or employer or servant, any share or iiltereit m any woik done ior the Municipality or in any contiact or employment wilh, by or on behali oi., tlie Municipality he siiull be deemed to have Committed an olience under section loo ol tin; Indian Code;
Provided that no person snail, by reason or bjing a share-holder in, <ir a member of, any company, be held to be inteiested in "any contract entered into between sach company and the Municipality.
Penalty for acquisition by Municipal Officer or servant of interest in contract or work.
CHAPTER IV ELbCTIONS A. Municipal Wards, Electoral RolU, Voters and Candida/es fir ElectLOa J2. (2) The superintendence, direction and conliol of the preparation of electoral rolls lor, and the conduct ol3 ail elections to the Municipalities shall be vested in the Election Commission appointed undcj section 185 oL the Andaman and Ntcobar Islands U'diictiuyatsj Regulation, 19y4, and Uie Election Commissioner appointed under that sedaon shall be deemed to be the Election Commissioner tor the purposes ol this Regulation.
Superintendence, direction and control of election.
{2) The Administrator shall when so requested by the Election Commission make available to that Commission such itall which th.p Administrator considers necessary for discharge ot the Junction^ conferred on the Election Commission by sub-section (1).
33. (.1) For the purposes of election lo a Municipality every municipal area shall be divided into single member wards in such manner that the popitlation of each ward shall, so far as practicable be tho same throughout the municipal area,
(2) The Election Commission shall, by Order published in the Official Gazette, determine,—
(a) the number of wards;
(b) the extent of each ward;
(c) the wards in which seats shall be reserved for Scheduled Tribes;
(d) the wards in which seats shall he reserved for women; and
(c) the manner in which seats reserved tor Scheduled Tribes and women shall be rotated.
Municipal Wards.
1 8 TiiL: GAZETTE OF INDIA EXTRAORDINARY [PART II—
(3) For every municipal ward there skill be an electoral roili which shall be prepared and published every year under ihe superintendence direction and control of the Election Commission and shall contain such particulars in respect of the voters as the Jikxtion Commission may trom time to time direct:
Provided that the hleciioii Couiuiissiuii ma>, by notification, dkect that no new electoral roll for any municipal ward shall be prepared and published in aay particular year, and mat the electoral roll previously published shall conunuu to be vaHd until the new electoral roil ts published- Qualifications lor registration as voter for candidates in elections.
34. (.1) A person shall not lie deemed to be a voter of a municipal ward unless he is registered as such in the electoral loll uu; that ward.
(2) Subject to tjlic provisions of lnis Rogulauon and of any other law foi cue time being in force, every person who—
(o) is a citizen of Tndia,
(d) has attained the age oi iH years on Lhe 1st day of January of th~ year for which the electoral roll is ix-mg piepured, and
(f) has ttie requisite qualifications in respect of residence shall be entitled to be so registered as a voter in the electoral roll for a municipal ward,
Provided that no person shall be entitled to be so registered if he— (<) is of unsound mind and stands so declared by a competent court; or («) is for the time being disqualified from volins under the provisions of section 42 or any other law relating to corrupt practices and other offences in connection with ejections:
Provided further that no person shall be entitled to Ix; so registered, the electoral rolls for more than one such ward in a municipal area or more than once in any electoral roll.
{3) For the purpose of sub-section (2), a person shall bs deemed 1G have requisite qualifications—
(a) in respect of residence, if he has ordinarily resided in a dwelling (other than as an inmatie or a patient in a priuoa or hospital) in the municipal ward concerned, for a period of not less ihan twelve months immediately preceding the 1st day of January of the year for which the electoral roll is being prepared;
(b) in respect of business premises, if lie occupies any business premises in the municipal ward concerned, for a period of not less than twelve months immediately preceding the 1st day of January of the year for which the electoral roll is being prepared; and
(c) iD respect of taxation, if he owns within the limits of the municipal ward concerned immovable property whicn is assessed to any municipal tax on the 1st day of April of the year immediately preceding the year of which the electoral roll is being prepared.
SEC. 1] THB GAZEITF OF INDIA EXTRAORDINARY 19
(4) Every person; who is a voter ot a municipal ward within a municipal area and who for a period of not less than six months commencing froii the 1st day of January of the year duiina which an election is to be held has been residing in that municipal aie> shall, subject to the provisions of this Regulation and any other law lor tlu lime b ing in force, be qualified to be a candidate for election a1, a mernbei til the Mimic'palify in 111 t municipal area:
Provided thati no person shall be qualified to be a cindid.il; for election as a member of a Municipality if he Tin-, not attained the age of 21 years.
B. Election Petitions