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Section 104: Vacancies, etc. not to invalidate proceedings

The Uttar Pradesh Municipal Corporation Act, 1959State Act of Uttar Pradesh · Act 2 of 1959

104. (1) No act or proceeding of the [Corporation] or of any Committee or sub-committee appointed under this Act shall be invalid or be questioned on account of any vacancy in its body.

(2) No disqualification of, or defect in, the election or appointment of any person acting as a [Corporator] [***] or as [Mayor] or [ * * * ] or Presiding Officer of the [Corporation] or as Chairman or Vice-Chairman or member of any Committee or sub-committee appointed under this Act shall be deemed to vitiate any act or proceeding of the [Corporation] or of any such Committee or subcommittee as the case may be, in which such person has taken part, provided the majority of the persons who were parties to such act or proceedings were entitled to act.

(3) Until the contrary is proved, every meeting of the [Corporation] or of a Committee or sub-committee in respect of the proceedings whereof a minute has been made and signed in accordance with this act or the bye-laws shall be deemed to have been duly convinced and held, and all the members of the meeting shall be deemed to have been duly qualified ; and where the proceedings are proceedings of a Committee or sub-committee, such Committee or subcommittee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

Where this provision sits

ActThe Uttar Pradesh Municipal Corporation Act, 1959
Section104
Marginal noteVacancies, etc. not to invalidate proceedings
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Subs. by sec. 3 of U. P. Act no. 12 of 1994.
  • substituted. Subs. by sec. 2 of U. P. Act no. 16 of 2004.
  • omitted. Omit. by sec. 26 of U. P. Act no. 12 of 1977.
  • omitted. Omit. by sec. 8 of U. P. Act no. 49 of 2007.

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