(1) In each Municipality, there shall be a Municipal Council or a Municipal Corporation having authority over the Municipality.
(2) The Municipal Council or the Municipal Corporation as the case may be, shall consist of such number of Ward Members elected in direct elections conducted to the Municipality, as specified in column No 4 of the Schedule-I and Schedule-ll respectively.
(3) In addition to the elected members specified in sub section (2), the following shall also be members in the Municipality:
(a) Member of the Legislative Assembly of the State, representing the constituency, of which a Municipality or a portion thereof forms part,
(b) Member of the House of People, representing the constituency of which a Municipality or a portion thereof forms part:
Provided that a Member of the Legislative Assembly, and a Member of the House of People, representing a constituency which comprises more than one Municipality, [Act No. 11 of 2019] 23 including a part of any Municipality, shall be the ex-officio member of one such Municipality, which he/she chooses within a period of thirty (30) days from the date of conduct of ordinary elections to the Municipality, or from the date of election as a Member of Legislative Assembly or of the House of People as the case may be, by notice, in writing, duly signed by him and delivered to the Commissioner of that Municipality:
Provided further that the intimation so delivered shall be final and irrevocable, and in default of such intimation within the aforesaid period, the District Election Authority shall decide the Municipality and inform the Member of Legislative Assembly or of the House of People as the case may be.
(c) Member of the Legislative Council of the State:
Provided that a member-
(i) elected to the Legislative Council by the electorate of local authorities as provided in article 171 (3) (a) of the Constitution of India,
(ii) elected to the Legislative Council by the electorate consisting of graduates as provided in article 171 (3) (b) of the Constitution of India,
(iii) elected to the Legislative Council by the electorate consisting of the teachers as provided in article 171 (3) (c) of the Constitution of India,
(iv) elected to the Legislative Council by the members of the Legislative Assembly as provided in article 171 (3) (d) of the Constitution of India, and 24 [Act No. 11 of 2019]
(v) nominated by the Governor as provided in article 171 (3) (e) of the Constitution of India shall choose to be an ex-officio member of any one of the Municipalities in his jurisdiction within a period of thirty days from the date of conduct of ordinary elections to the Municipality, or from the date of election as a Member of Legislative Council, as the case may be, and deliver to the Commissioner of that Municipality, by notice, in writing, duly signed by him:
Provided further that the intimation so delivered shall be final and irrevocable, and in default of such intimation within the aforesaid period, the District Election Authority shall decide the Municipality and inform the Member of Legislative Council;
(d) Member of the Council of States:
Provided that a member of the Council of the State shall choose to be an ex-officio member of any one of the Municipalities in the State within a period of thirty days from the date of conduct of ordinary elections to the Municipality, or from the date of election as a Member of Council of State as the case may be, and deliver to the Commissioner of that Municipality, by notice, in writing, duly signed by him:
Provided further that the intimation so delivered shall be final and irrevocable, and in default of such intimation within the aforesaid period, the District Election Authority shall decide the Municipality and inform the Member of Council of States;
(e) The ex-officio members referred to in clauses (a),
(b), (c) and (d) shall have the right to speak and take part in the proceedings of any meeting of the Municipalities within the jurisdiction, and shall have right to vote in the Municipality he / she has chosen.
[Act No. 11 of 2019] 25
(4) Two persons in the case of municipal council and three persons in case of Municipal Corporations having special knowledge or experience in municipal administration co-opted by the members specified in sub-sections (2) and
(3), as prescribed and the persons should be the registered voters in the Municipality and they should possess the age not less than twenty one (21) years as on the date of notification and one amongst them shall be a woman.
(5) Two persons belonging to minority community coopted by the members specified in sub-sections (2) and (3) as prescribed and the persons should be the registered voters in the Municipality and they should possess the age not less than twenty one (21) years as on the date of notification and one amongst them shall be a woman:
Provided that while co-opting members from minority community, preference shall be given to such members who are not represented in the municipality through direct elections:
Provided further that the members co-opted under sub sections (4) and (5) shall have a right to participate in the meetings of the Municipality but shall have no right to vote.
(6) In the event of any member of the Municipality getting elected as a Member of the Legislature of the State or of Parliament or any other elected post, he shall submit his resignation as member of the Municipality or the newly elected post of Legislature of the State or of Parliament or any other elected post, within a period of 15 days from the date of such election. In the absence of such resignation he shall be deemed to have resigned from the office of member of the Municipality.
26 [Act No. 11 of 2019] Division of Municipalities into wards for the purpose of election of members of the Municipal Council.