MMCNPIT Act 58Chapter III · Duties And Functions Of The Council And The Municipal Executive

Section 58 · Functions of President

(1)

Subject to the provisions of this Act and of any rules and bye-laws framed thereunder, the President of a Council shall -

(a)

preside, unless prevented by reasonable cause, at all meetings of the Council and regulate the conduct of business at such meetings;

(b)

[ ***] [Deleted by Maharashtra Act No. 25 of 2018, dated 31.3.2018.]

(bb)[* * *] [Clause (bb) was deleted by Maharashtra 7 of 2002, Section 5.]

(c)

perform such executive functions or exercise such powers as are conferred upon him by or under this Act or any other law for the time being in force;

(d)

[ ***] [Deleted by Maharashtra Act No. 25 of 2018, dated 31.3.2018.]

(e)

[ ***] [Deleted by Maharashtra Act No. 25 of 2018, dated 31.3.2018.]

[(1-A) Subject to the provisions of this Act and of any rules and bye-laws framed thereunder, the President directly elected under section 51A-1A shall have power to give the financial sanction to such proposal of development works as may be prescribed by the State Government, from time to time and development works out of grants received from the State Government, when there are no specific instructions regarding financial approval and the Council has discretion to select the work.] [Inserted by Maharashtra Act No. 25 of 2018, dated 31.3.2018.]

(2)

The President may, in cases of emergency, direct the execution or stoppage of any work or the doing of any act which requires the sanction of the Council and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public and may direct that the expenses of executing such work or doing such act shall be paid from the municipal fund:Provided that -

(a)

he shall not act under this section in contravention of any order of the Council prohibiting the execution of any particular work or the doing of any particular act; and

(b)

he shall report forthwith the action taken under this section and the reasons therefor to the Standing Committee and the Council at their respective next meeting,

(c)

[ he shall not, while acting under sub-section (2), - [This clause was inserted by Maharashtra 18 of 1993, Section 9(b).]

(i)appoint any new employees in the Council;

(ii)sanction any monetary contribution to any organisation;

(iii)allot any contract for works, which is of routine nature;

(iv)sanction sale of any municipal property, increase the lease period of any property or acquire any new properties for the Council by purchase or by lease; and that

all these matters shall be regulated strictly in accordance with the provisions of this Act and the rules.]

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