Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com MUNICIPAL CORPORATION OF HYDERABAD (REGULATION OF PROCEEDINGS AND CONDUCT OF BUSINESS OF THE CORPORATION AND THE STANDING COMMITTEE) BYE- LAWS, 1966 CONTENTS 1. Short title and commencement 2. Definitions 3. . 4. Business and orders of items 5 . Presiding Authoritys powers to expunge objectionable matters from notice of motion for propositions 6. Proceedings in which language to be conducted 7. Minutes to be taken as read 8. Amendments of minutes 9. Resolutions of the Standing Committee 10. Resolutions of the Special Committees 11. Report of Sub-Committee or ad hoc Committees 12. Procedure in case of Motions Previously not being moved by the Councilors entitled to do so 13. Priority to an item of business 14. Items of business may be ground 15. A Proposition when divided 16. A Proposition when divided need not be moved and seconded more than once 17. Permission to read speeches 1 8 . Councillor when speaking to stand and at request of the presiding authority to resume his seat 19. Duration of speeches 20. Closure 2 1 . Mover or seconder of a motion may speak twice, other Councillors once only, but presiding authorities may allow personal explanation 22. Point of orders 23. A Councillor called to order must resume his seat but may be allowed to speak on the points of order 24. Moving or seconding of a proposition 25. The Seconder may reserve his remarks 26. Any number of amendments may be moved 27. Motions and amendments can only be withdrawn by permission 28. . 29. Amendments as well as the motion be spoken on 30. From of putting amendments to vote 31. Meeting may be adjourned by the Presiding authority 32. Poll how to be conducted and tellers duties 33. Motion once withdrawn cannot be proposed again 34. A question once disposed of not to be re-opened within three months 35. Alteration in motion or amendment to what extent permitted 36. Order of speakers to be decided by the Presiding authority 37. Adjourned debates 38. No discussion or debates shall be allowed 39. Vote how to be taken 40. Votes in case of elections and appointments 41. . 42. . 43. . 44. . 45. . 46. . 47. . 48. . 49. . 50. . 51. . 52. . 53. . 54. . 55. . 56. . 57. . 58. . 59. . 60. . 61. . 62. . 63. . MUNICIPAL CORPORATION OF HYDERABAD (REGULATION OF PROCEEDINGS AND CONDUCT OF BUSINESS OF THE CORPORATION AND THE STANDING COMMITTEE) BYE- LAWS, 1966 MUNICIPAL CORPORATION OF HYDERABAD (REGULATION OF PROCEEDINGS AND CONDUCT OF BUSINESS OF THE CORPORATION AND THE STANDING COMMITTEE) BYE-LAWS, 1966 1. Short title and commencement :- (a) These bye-laws may be called the Municipal Corporation of Hyderabad (Regulation of the Proceedings and Conduct of Business of the Corporation and the Standing Committee) Bye-laws, 1966. They shall come into force on the date of publication in the Andhra Pradesh Gazette. 2. Definitions :- (1) In the bye-laws unless there be anything repugnant to the context:- 'Act' means the Hyderabad Municipal Corporations Act, 1955 (Hyderabad Act II of 1956). (2) Words used in these bye-laws but not defined shall have the same meaning as assigned to them, in the Act. 3. . :- Meeting of the Corporation shall be held and the business thereat transacted in accordance with the provisions of the Act and the rules and bye-laws made thereunder. 4. Business and orders of items :- (1) Items of business of a meeting of the Corporation shall be arranged by the Municipal Secretary under the direction of the Mayor, in the absence of both the Mayor and Deputy Mayor by the Chairman of the Standing Committee in the following order. (a) Signing of the minutes of the last ordinary meeting or meetings and of the minutes of any special or urgent meeting or meetings since the last ordinary meeting. (b) All Elections. (c) All appointments. (d) Questions under Section 122 of the Act. (e) Petitions. (f) Resolutions of the Standing Committee and Special Committee. (g) Letters and business from the Commissioner. (h) Letters from the Government or Government Offices. (i) Report of Committees, sub-committees or Ad hoc Committees. (j) Notice or Motions. (k) Miscellaneous. 5. Presiding Authoritys powers to expunge objectionable matters from notice of motion for propositions :- (1) A resolution shall be admitted by the presiding authority if it satisfied the following conditions, namely:- (i) It must relate to matter of general public interest concerning the functions of the Corporation under the Act; (ii) It shall be clearly and precisely expressed; (iii) It shall raise substantially one definite issue; (iv) It shall not contain arguments, inferences, ironical expressions, imputations, or defamatory statement; (v) It shall not either expressly or by implication be defamatory or it does not make or does not imply a charge of personal character against any person or section or community; (vi) It shall not refer to the conduct or character of persons except in their official or public capacity; (vii) It shall not relate to any matter which is under adjudication of a Court of Law or before any Tribunal; and (viii) It shall be affirmative in the form and commence with the word "that"; (2) The presiding authority may expunge from a notice of motion any matter which the presiding authority may consider to be libellous or grossly offensive and if the presiding authority deems proper he may disallow a motion altogether on these grounds. In case a proposition containing any such objectionable matter is actually proposed at a meeting the presiding authority shall be competent with the consent of the meeting obtained on the occasion to expunge such objectionable matter from the minutes of the proceedings of the meeting. 6. Proceedings in which language to be conducted :- All proceedings shall be in such language or languages as the Corporation may decide from time to time: Provided that a member who is unable to address the Presiding authority on any occasion in the language so specified may address in any language he prefers. 7. Minutes to be taken as read :- The minutes of the previous meeting or meetings shall be taken as read provided they have already been circulated to the Councillors before signing. 8. Amendments of minutes :- It any Councillor present draws the attention of the meeting to any errors or omissions in the minutes of the previous meeting to be confirmed such amendments shall be made as the presiding authority after taking the sense of the meeting deems fit. 9. Resolutions of the Standing Committee :- Resolutions of the Standing Committee shall be proposed by the Chairman of the Standing Committee or in his absence by any member of the Standing Committee present. 10. Resolutions of the Special Committees :- Resolutions of the Special Committees shall be proposed by the Chairman of the respective Special Committees or in his absence by any member of the respective Special Committee present. 11. Report of Sub-Committee or ad hoc Committees :- Report of the ad hoc Committee shall be proposed by the Chairman of the ad hoc Committee or by any member of the ad hoc Committees present. 12. Procedure in case of Motions Previously not being moved by the Councilors entitled to do so :- If a motion is not moved by the Councillor who has given notice of it or by some other Councillor authorised by the proposer to do so in writing, which authorisation shall be handed over to the presiding authority at the time, it shall be considered as dropped. 13. Priority to an item of business :- With the consent of the majority of Councillors present at any meeting and voting on the question the presiding authority may give priority to any item or items of business irrespective of the order in which such item or items stand on the agenda. 14. Items of business may be ground :- The presiding authority shall be competent with the consent of the majority of the members present to submit for consideration as on subject any two or more items of business relating to the same subject although such items may not have been grouped together on the agenda. 15. A Proposition when divided :- The presiding authority shall be competent to divide into two or more distinct propositions any motion or amendment which in his opinion is so complicated as likely to lead to confusion or inconvenience by being debated as one proposition. 16. A Proposition when divided need not be moved and seconded more than once :- When by virtue of bye-law 15 a motion or amendment is divided, it shall not be necessary unless the presiding authority decides to the contrary, for the second and following portions of such motion or amendment to be again separately moved and seconded. But the proposition so divided shall be put to vote by the presiding authority one after another. 17. Permission to read speeches :- Written speeches may not be read without the leave of the presiding authority. 18. Councillor when speaking to stand and at request of the presiding authority to resume his seat :- A Councillor when speaking shall stand and he shall address the presiding authority on being requested by the presiding authority to sit down a Councillor shall at once resume his seat. Provided that a member disabled by sickness or infirmity may be permitted to sit and speak. 19. Duration of speeches :- It shall be in the discretion of the presiding authority to allow or disallow a Councillor moving a proposition to speak for more than fifteen minutes, and to allow or disallow a Councillor moving an amendment or taking part in the debate to speak for more than seven minutes: Provided that it shall be in the discretion of the presiding authority whether the time fixed herein should either be reduced or increased as the occasion demands. 20. Closure :- It shall be competent for any member at the closure of any speech on any item other than a budget item to move without debate that the question be now put to vote, without further debate and the motion if seconded shall, it appears to the presiding authority that such motion is an abuse of these bye-laws or an infringement of the rights of the minority, be put to vote forthwith. Should the motion be carried, the move be entitled to reply and that he shall bring his reply to a close ordinarily within fifteen minutes. The presiding authority may in special cases extend the time by another fifteen minutes. In case closure motion is negatived no fresh closure motion be brought unless thirty minutes have elapsed from the negation of the proceeding motion for closure. 21. Mover or seconder of a motion may speak twice, other Councillors once only, but presiding authorities may allow personal explanation :- A Councillor shall speak only once, but the mover or failing him the seconder of a substantive motion, may replay at the conclusion of t h e debate thereon. Any person who has already spoken may forthwith if the actual speaker gives way or if not at the end of the speaker's speech, briefly speaks again to remove a misconception as to a material part of his former speech. The presiding authority shall call to order any member who attempts to speak a second time on the same question. 22. Point of orders :- (a) Any member may at any time during the time of the meeting Corporation submit a point of order for decision of the presiding authority standing that the speaker is departing from the subject under discussion or that the provisions of the Act or bye-laws made thereunder are not being observed or that the speaker is using offensive language. But in doing so he shall confine himself to stating the point and the presiding authority shall decide summarily all the points of order and procedure and his decision shall be final. (b) A member shall not raise a point of order;- (i) to explain his position; or (ii) when a question on any motion is put to vote; or (iii) which may be hypothetical. 23. A Councillor called to order must resume his seat but may be allowed to speak on the points of order :- If a Councillor be called to order such Councillor shall be required by the presiding authority to resume his seat until the presiding authority decides the point of order, provided the presiding authority may allow such or any other Councillor to speak on the point of order raised. The presiding authority shall rule out of order all matters that do not pertain either to the question before the meeting or to the business then before the meeting. 24. Moving or seconding of a proposition :- Each substantive proposition or motion shall be read by the mover, who may if he desires, speak in favour of the motion or proposition. If any Councillor seconds the motion or proposition it shall be considered by the meeting for discussion. 25. The Seconder may reserve his remarks :- The seconder may on seconding the motion or proposition speak in support of it but if he so desires may reserve his remarks for later period of the debate. 26. Any number of amendments may be moved :- After a motion has been proposed and seconded any Councillor may propose an amendment thereto. An amendment unless seconded shall not be considered. Any number of amendments may be moved at the time of the meeting at the same time. (2) Every amendment must be relevant to the motion and may propose a variation thereof or an addition thereto or on omission therefrom but no amendment shall be a direct negative to the motion before the meeting or shall be the same in substance as any motion or amendments already negatived at the same time. (3) The mover of a motion may accept any amendment or amendments duly proposed and seconded. The motion so amended shall be considered as the original motion before the meeting. 27. Motions and amendments can only be withdrawn by permission :- A motion or an amendment shall not be withdrawn, save with the leave of the meeting. 28. . :- No discussions shall be permitted on a motion for leave to withdraw a resolution except with the permission of the meeting. 29. Amendments as well as the motion be spoken on :- A Councillor who has already spoken on a motion before the meeting is not thereby debarred from speaking on the amendment to the motion, provided that in so doing confined himself strictly to the fresh matter introduced by the amendment. 30. From of putting amendments to vote :- Amendments shall be put to vote in the reverse order in which they have been moved as against original proposition that is to say the proposition and the last amendment shall be put to the voting first whichever of these two are carried shall be come the substantive proposition which again shall be placed before the meeting as against the last but one amendment and so on. 31. Meeting may be adjourned by the Presiding authority :- (1) The meeting may be adjourned by the presiding authority with the consent of the majority of the Councillors present in conformity with Section 88 (m) of the Act. (2) The Corporation may pass condolence resolution on the death of a sitting Councillor, an ex-Mayor or any dignitary who has served the Country in the public field and adjourn the meeting for the day without transacting the business after observing two minutes silence as a mark of respect. 32. Poll how to be conducted and tellers duties :- (1) When a Poll is taken the Mayor shall direct those who vote for a proposition and those who vote against such proposition to form themselves into two groups. (2) Two tables should be placed in the hall permanently and as soon as the poll is asked for, the Municipal Secretary should place a list of members on each table and members should go and initial before their names in the presence of the tellers appointed by the presiding authority. The tables will have a placard of Ayes and Noes. (3) The vote of each Councillor present and voting upon the proposition shall be taken by tellers in the manner stated above, and the name of the Councillors voting respectively for or against the proposition as well as of those abstaining from voting, shall be recorded in the minutes book. In case of an equality of votes, the presiding authority shall have casting vote. 33. Motion once withdrawn cannot be proposed again :- Motion once withdrawn shall not be proposed again in the same meeting. 34. A question once disposed of not to be re-opened within three months :- No motion or proposition shall be entertained in regard to a question once disposed of, except after the lapse of three months from the date of such disposal. ExplanationA motion or a proposition which falls through for want of a seconder shall be deemed to have been disposed of within the meaning of this bye-law. 35. Alteration in motion or amendment to what extent permitted :- After a motion or amendment has been made and seconded, clerical or typographical mistakes or errors, occurring therein from any accidental slip or omission, may be corrected with the permission of the presiding authority provided that it shall not be altered in substance save under the provision of bye-law 34. 36. Order of speakers to be decided by the Presiding authority :- I f more Councillors than one rise simultaneously to address the meeting the presiding authority shall without allowing any discussion decide the order which the said Councillors shall address the meeting and his decision shall be final. 37. Adjourned debates :- On resuming an adjourned debate the Councillor, who was addressing the meeting prior to the adjournment may speak at the beginning or at a later stage. 38. No discussion or debates shall be allowed :- No discussion or debates shall be allowed (a) when question of priority is being decided under bye-law 13. (b) when an objection is being dealt with under the bye-law. (c) in the case of interpolations. 39. Vote how to be taken :- Vote shall ordinarily be taken by voice "ayes" in favour and "no" against. In case of any doubt the votes may be taken by show of hands. 40. Votes in case of elections and appointments :- In case of election and appointment to the Committees other than the Standing Committee voting shall take place in the following manner:- (a) Every candidate for election as a member of any Committee, shall be proposed by one Councillor and second by another Councillor. The proposer and seconder shall be present at the meeting. A Councillor may propose as many candidates as there are seats to be filled up; (b) Nomination for election to the Committees must be filed with the Secretary at least three clear days before the day of the meeting on which the election is to be held; (c) Any candidate duly nominated may withdraw his candidature two days before the date of the meeting; (d) The list of validly nominated candidates shall be published one day before the date of the meeting; (e) (i) If the number of validly nominated candidates is the same or less than the number of vacancies, the Mayor, the Deputy Mayor or the Presiding Councillor shall declare all such candidates duly elected. (ii) If the number of candidates is less then the number of vacancies the presiding authority shall either call for fresh nominations or adjourn the election to fill up the remaining vacancies to the next meeting of the Corporation. (f) If the number of valid nominations exceeds the number of vacancies, the voting shall be by secret ballot: (g) (i) Every Councillor wishing to vote shall be supplied with a ballot paper on which the names of validly nominated candidates shall be typed or legibly written in the following from. TABLE Name Vote 1. 2. 3. (ii) Each Councillor may vote for as many candidates as there are vacancies and will place a cross against the name of the candidate or the names of the candidates for whom he wishes to vote. He shall then fold up the ballot paper so as to conceal his vote and deposit the same in the ballot box placed in the view of the presiding authority. The ballot box shall be so constructed that the ballot paper may be placed there in but not extracted therefrom without the box being opened; (h) Before the commencement of voting, the empty ballot box shall be shown to all the candidates or their representatives and sealed in their presence with official seal of the Secretary; (i) The voting shall be declared closed as soon as all the Councillors at the meeting have exercised their votes and no ballot paper shall be received thereafter; (j) The presiding authority shall open the ballot box and count the votes in the presence of two Councillors to be nominated by him; (i) The candidate who obtained the largest number of votes or if there is more than one vacancy as many of the candidates, at the top of the poll as there are vacancies to be filled, shall be declared to have been duly elected. (ii) If there be equality between two or more candidates, the presiding authority shall have a casting vote. (iii) The Councillors who have been duly proposed and seconded as candidates may also take part in the ballot. (iv) Any ballot paper which contains signature or writing of any of the voting Councillors or on which marks are placed against more candidates than there are vacancies to be filled, shall be invalid. (k) In the event of disorder, the presiding authority may adjourn the meeting to the following day or other suitable day; 41. . :- (1) While a meeting continues, a councillor shall- (a) greet the Chair respectfully when taking the seat; (b) not read any book or newspaper except in connection with business of the Corporation; (c) shall not interrupt any Councillor while speaking by disorderly expression or manner; (d) shall not pass between the Chair and any Councillor who is speaking. (e) shall not sleep; (f) shall always address the Chair while speaking; (g) shall maintain silence; (h) shall not obstruct or interrupt the proceedings or make any comment when speeches are being made in the meeting; and (i) shall not smoke. (2) Whilst a Councillor is speakingCouncillor while speaking on a question must not-- (a) discuss any matter irrelevant to the subject under discussion; (b) speak against or reflect on any decision of the meeting except rescinding it; (c) discuss any matter on which a judicial decision is pending; (d) make a charge relating to the conduct or character of any officer, servant or Councillor except in his official capacity; (e) use offensive expression about the conduct or proceedings of the Corporation; (f) reflect upon the conduct of the President of India or Governor or any Court of Justice; (g) use the Indian Union President's name for the purpose of influencing the debate; (h) utter or use unreasonable or seditious or defamatory words, and (i) speak for the purpose of obstructing the business of the meeting. (3) Procedure when the presiding authority speaks:- (i) Whenever the presiding authority speaks, he shall be heard in silence and any Councillor, who is then speaking or offering to speak, shall immediately sit down. (ii) No Councillor shall leave his seat while the presiding authority is addressing the meeting. 42. . :- (1) The question for which answers are desired by Councillor on the floor of the Corporation shall be started by the Councillor. (2) A Councillor shall not ask more than three questions at any meeting. (3) Started questions not answered that day shall lapse. 43. . :- (1) The Municipal Secretary shall prepare a list of all questions of which due notice has been given and which had not been disallowed by the presiding authority or under the powers vested under sub-sections (2) and (3) of Section 122 of the Act under these bye-laws in the order in which they are received and forward the same to the Commissioner for being answered, and placed before the meeting half-an-hour earlier. (2) The presiding authority shall call out the name of each questioner in the order in which the names are printed. It the member against whom the question is printed, is present at the meeting both the question and answers shall be deemed to have been read. (3) If a Councillor who has given a notice to ask a question is not present when he is called upon by the presiding authority, the question shall be considered as dropped. 44. . :- (1) The presiding authority shall disallow any question-- (i) which is of excessive length or exceeds fifty words; (ii) containing any argument, inference, imputation, epithet or ironical expression; (iii) relating to any debate that has occurred or answer that has been given within the preceding three months; (iv) which is libellous, offensive or otherwise objectionable; (v) concerning any matter in which the Councillor asking such question has directly or indirectly by himself or by his partner, any share or interest or in which he is professionally interested on behalf of the client, principal or other person; (vi) which contains a statement for the accuracy of which the member asking it is not prepared to accept the responsibility; (vii) enquiring whether a statement appearing in any newspaper is true; (viii) the answer to which is available by reference to the printed proceedings of the Corporation or its various Committees; and (ix) which brings in any name or statement not strictly necessary to make the question intangible. (2) If a question contains a statement, the Councillor asking it must make himself responsible for the accuracy of the statement. 45. . :- No discussion shall be allowed in respect of any question or any answer given to the question. (2) Any member when called by the presiding authority may put a supplementary question for the purpose of further elucidating any matter of fact regarding which an answer has been given: Provided that the presiding authority shall disallow of supplementary questions if in his opinion it infringes the bye-laws. (3) Ordinarily not more then three supplementary questions shall be allowed in respect of each question. (4) The matter tabling the main question shall have the right to ask fresh supplementary question in preference to other member. 46. . :- The Commissioner may, with the leave of the presiding authority decline to answer any supplementary question, if the information is not readily available with him in which case the supplementary question may be asked only in the form of fresh question after due notice at a subsequent ordinary meeting. 47. . :- The first hour of every ordinary meeting shall be available for asking and answering of questions. 48. . :- Questions and answers shall be entered by the Municipal Secretary in the minutes of the proceedings of the meeting:- (1) The presiding authority shall preserve order and shall have powers necessary for the purpose of enforcing his decisions. (2) The Corporation shall appoint an officer to be designed as Marshall of the Corporation who shall be subordinate to the Municipal Secretary. (3) The presiding authority under Section 89(1) may direct the Marshall of the Corporation to remove from the meeting any councillor or councillors who having been directed by the presiding authority to withdraw from the house does not do so. (4) Marshal of the Corporation shall when directed by the presiding authority under Clause (c), with such assistance as he may require, remove such councillor or councillors from the House. B.Bye-Laws in respect of Proceedings of the Standing Committee:- 49. . :- The Municipal Secretary shall send to each member of the Standing Committee atleast a day previous to the meetings the list of business, and unless under urgent circumstances and with the assent of the Chairman no business not entered in such list shall be transacted. 50. . :- The items of business shall be taken up for consideration in such order as they stand in the agenda provided that with the consent of the majority of the members present, the Chairman may give priority to any item or items of the agenda. 51. . :- All motions and amendments must be duly proposed and seconded. 52. . :- The Chairman shall have power to divide into two or more distinct propositions any motion or amendment which in his opinion is so complicated as to be likely to lead to confusion or inconvenience by being voted upon as one proposition. 53. . :- The minutes of the previous meeting shall be taken as read: Provided they have been already circulated to the Councillors along with the list of business,. 54. . :- If any member present draws the attention of the Chairman to any portion of the minutes of the previous meeting as being erroneously entered in the minutes book, such amendment after taking the sense of the Committee shall be made before the minutes are signed. 55. . :- The Chairman shall decide summarily all points of order. 56. . :- A proposition to postpone the consideration of a particular question shall always take precedence. 57. . :- Voting is to be as decided by the Committee. Every question voted on shall be put both for and against. 58. . :- No motion shall be entertained in regard to a question once disposed of except after the lapse of three months from the date of such disposal and unless two thirds of the members present vote in favour of reopening the question. 59. . :- The foregoing bye-laws for the conduct of the business of the Standing Committee, shall also be applicable to sub-committee of the Standing Committee with the exception that in a meeting of the committee motion and amendments need not be seconded. 60. . :- Sub-Committees may decide questions delegated to them by the Standing Committee under Section 97(g) of the Act, reporting their proceedings to the Standing Committee or may draw up the report for the decision of the Standing Committee. 61. . :- Any member of a sub-committee dissenting from the report to the majority of the sub-committee may require his dissenting note to be submitted to the Standing Committee. 62. . :- Any member of the Standing Committee dissenting from decision of a majority of the members may require his dissenting note to be recorded in the minutes. 63. . :- If there is no quorum within fifteen minutes after the time fixed for the meeting the Chairman or in his absence, the members present shall adjourn the meeting to such hour on the following or some other future day which may be fixed.