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THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994

Title : THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994

Year : 1994



(1) There shall be at least one meeting of the Nagar Panchayat or the Council for transaction of its business in every month to be held on such date as is fixed by the Nagar Panchayat or the Council at a special meeting convened for the purpose, at the municipal office, if any, or other convenient place of which notice has been duly given.

(2) If there be no business to be laid before the Nagar
Panchayat of the Council at any monthly meeting, the Chairperson shall, instead of calling the meeting, give notice of the fact to each
Councillor three days before the date which is fixed for the monthly meeting.

(3) The Chairperson, or in his absence the Vice-Chairperson may, on a written requisition of not not less than one-half of the total number of Councillors, call a special meeting.

(4) If the Chairperson or the Vice-Chairperson, as the case may be, fails to call a special meeting within fifteen days after any such requisition has been made, the meeting may be called by the
Councillors who made the requisition.



If at a meeting neither the Chairperson nor the Vice-Chairperson is present, the Councillors present shall elect one of them to preside over the meeting and such Councillor shall perform all the duties and exercise all the powers of the Chairperson of Nagar Panchayat or a Council when presiding over a meeting:

Provided that no candidate for election to the office of the
Chairperson or the Vice-Chairperson shall. preside at such election.



Save as otherwise expressly provided in or under this Act, all questions brought before any meeting of the Nagar Panchayat or of the Council or of any of its committees shall be decided by a majority of votes of the Councillors present and voting and in the case of equality of votes, on any question the persons presiding shall have a second or casting vote:

Provided that at the election-

(a) Of Chairperson or Vice-Chairperson; or

(b) Of a Councillor to represent the Nagar Panchayat or the
Council, as the case may be, under the provisions of any other law for the time being in force, in case of equality of votes, the person presiding shall not exercise his casting vote and the result shall be decided by lot.



(1) No business shall be transacted at a meeting unless a quorum of one-third of the total number of Councillors of a Nagar Panchayat ,or a Council be present:

Provided that in cases where the total number of Councillors of a
Nagar Panchayat or a Council is not divisible by three, the total number shall be increased by such minimum number as to make the total number divisible by three.

(2) If there be no quorum present at a meeting the Chairperson or in his absence the Vice-Chairperson shall adjourn the meeting to such hour of any future day as he may reasonably fix. A notice of such adjournment shall be fixed upon a notice board in the municipal office, and the business which would have been brought before the original meetings, hag there been, a quorum thereat, shall be brought before the adjourned meeting and may be disposed of at such meeting or at any subsequent adjournments thereof whether there be a quorum present or not.

(3) A notice of adjournment exhibited in the notice board of the municipal office on the day on which the meeting is adjourned, shall be sufficient notice of the subsequent meeting.



(1) Minutes of the proceedings of each meeting of a Nagar Panchayat or of a Council or any of its Committee shall be recorded in a book to be kept for the purpose separately for the Nagar Panchayat or the Council and for each of its Committees and shall be signed by the persons who presided over the meeting.

(2) The minutes of the meeting of a Nagar Panchayat or of a
Council shall at all reasonable times and without charge be open to inspection, by any member of the public.

(3) The minutes of the proceedings of all meetings of the Nagar
Panchayat or of the Council shall forthwith be forwarded by the
Executive Officer to the Deputy Commissioner, the Director and to the State Government.



No resolution of a Nagar Panchayat or of a Council shall be modified or cancelled except by a resolution supported by not less than two thirds of the total number of Councillors and passed at a meeting whereof notice shall be given setting forth fully the proposed resolution to modify or cancel at such meeting and the motion of proposition for modification or cancellation of such resolution.



The Deputy Commissioner, the Director and such other officers a the State Government may, by general or special order specify in this behalf, shall be entitled to attend any meeting of a Nagar Panchayat or of a Council within their jurisdiction, address it on any matter affecting the work of their department and take. part in the meetings thereof, but shall not have the right to vote.



(1) The Nagar Panchayat or the Council at a meeting may appoint, from time to time, committees to be called "Standing Committee to assist it in the discharge of any specific duties devolved upon it under this Act, within the whole or any portion of the municipality and may delegate to any such committee all or any of its powers which may be necessary for the purpose of rendering such assistance, or withdraw all or any such powers, so delegated.

(2) Each Committee shall consist of Councillors and, when necessary, of such residents with special qualification when the Nagar Panchayat or the Council at a meeting desires to appoint, in such a case the number of Councillors shall not be less than two-thirds of the total number of the members of the Committee:

Provided
that no Councillor who has been appointed as a member of one committee, shall be appointed as such In another committee at a time.

(3) The members of such committees shall be liable to all the obligations imposed by this Act on the Councillors of the Nagar
Panchayat or of the Council In respect of such powers as may be delegated to them.

(4) All the proceedings of any such committee shall be, subject to confirmation by the Nagar Panchayat or the Council at a meeting.

(5) All questions connected with the removal or resignation of members of committee shall be settled by the Nagar Panchayat or the Council at a meeting.



(1) The Chairperson of the Nagar Panchayat or of the Council, as the case may be, if he Is a member of any committee, shall be ex officio, Chairperson, thereof.

(2) The Vice-Chairperson of the Nagar Panchayat or of the
Council as the case may be, if appointed a member of any committee of which the Chairperson is not a member, shall be ex officio Chairperson thereof.

(3) When neither the Chairperson nor the Vice-Chairperson of
Nagar Panchayat or of a Council as the case may be, is a member of a committee, the Chairperson of such committee shall be nominated by the Chairperson of the Nagar Panchayat or of the Council, as the case may be.



Every Chairperson, Vice-Chairperson, Councillor, officer or employees of a Nagar Panchayat or of a Council including a Government servant whose services are lent to the, Nagar Panchayat or to the Council, shall be liable for the loss, waste or misapplication of any money Or other property owned by or vested in the Nagar Panchayat or the Council, if such loss, waste or misapplication Is a direct consequence of any illegal act, omission, neglect or misconduct on his part; and a suit for compensation may be instituted against him in any Court of competent jurisdiction by the Nagar Panchayat or by the
Council, as the case may be.



No Councillor of a Nagar Panchayat or of a Council shall have without the written permission of the State Government, directly or indirectly, any share or interest in any contract, lease, sale or purchase of land or any agreement for the same or any kind whatsoever to which the Nagar Panchayat or Council is a party, or shall hold any office of profit under it, and if any Councillor shall have such share or interest or shall hold such office he shall thereby become disqualified to continue in office as a Councillor:

Provided that a Councillor shall not be so disqualified or liable by reason-

(a) Of having a share or interest in-

(i) A contract entered into between the Nagar Panchayat or the Council, as the case may be, and any incorporated or registered company or any registered Co-operative Society of which such Councillor is a member or shareholder; or

(ii) Any Agreement for the loan of money, or any security for the payment of money only; or

(iii) Any newspaper in which any advertisement relating to the affairs of the municipality is inserted; or

(b) Of his being professionally engaged on behalf of the Nagar
Panchayat or the Council, as the case may be, as a legal or medical practitioner and receiving a fee for services rendered in his professional capacity.


In a Nagar Panchayat or in a Council-


(a) Subject to the proviso to section 59 any Councillor who acquires, directly or indirectly any share or interest in any contract or employment with, under, by or on behalf of a Nagar Panchayat or a Council of which he is a Councillor;

(b) Any executive officer or employee who acquires directly or indirectly any share or interest in any contract with, under, by or on behalf of a Nagar Panchayat or a Council except in so far as it relates to his own employment as executive, officer or an employee, shall be punishable with fine which may extend to five thousand rupees.




No Councillor of a Nagar Panchayat or of a Council or no member of a committee shall vote or take part in the discussion of any question at a meeting of the Nagar Panchayat or of a Council or committee if the question is one in which he has direct or indirect pecuniary interest.
Last updated on May, 2016

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