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Section 62 - Interpellation in Karnataka Municipalities Act, 1964

snapp 62 KMA 1964 0 Notes

Interpellation.

(1) A councillor may, subject to the provisions of subsection (2), ask the Municipal Commissioner or the Chief Officer questions on any matter relating to the municipal government or the administration of this Act or the functions of any of the municipal authorities.

(2) The right to ask a question shall be governed by the followingconditions, namely:--

(a) not less than ten clear days' notice in writing specifying the questionshall be given to the Municipal Commissioner or the Chief Officer;

(b) not more than two questions shall be sent by any councillor forbeing answered at any ordinary meeting;

(c) no question shall, --

(i) bring in any name or statement not strictly necessary to make the question intelligible,

(ii) contain arguments, ironical expressions, imputations, epithets or defamatory statements,

(iii) ask for an expression of opinion or the solution of a hypothetical proposition,

(iv) ask as to the character or conduct of any person except in his official or public capacity,

(v) relate to a matter which is not primarily the concern of the municipal council or of any of the municipal authorities,

(vi) make or imply a charge of a personal character,

(vii) raise questions of policy too large to be dealt with within the limits of an answer to a question,

(viii) repeat in substance questions already answered or to which an answer has been refused,

(ix) ask for information on trivial matters,

(x) ordinarily ask for information on matters of past history,

(xi) ask for information set forth in accessible documents or in ordinary works of reference,

(xii) raise matters under the control of bodies or persons not primarily responsible to the municipal council, or

(xiii) ask for any information on matter which is under adjudication by a court of law.

(3) The presiding authority shall disallow any question which is, in hisopinion, in contravention of the provisions of sub-section (2).

(4) If any doubt arises whether any question is or is not in contraventionof the provisions of sub-section (2), the presiding authority shall decide the point and his decision shall be final.

(5) The Municipal Commissioner or the Chief Officer shall not be boundto answer a question if it asks for information which has been communicated to him in confidence or if in the opinion of the presiding authority it cannot be answered without prejudice to public interest or the interest of the municipal council.

(6) Unless otherwise directed by the presiding authority or the presidingofficer of the meeting, every question shall be answered by the Municipal Commissioner or the Chief Officer at a meeting of the municipal council.

(7) Written answer to admitted questions shall as far as possible be givento the councillors one hour before the meeting.

(8) Questions not answered at any meeting for want of time or otherwiseshall lapse.

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