The number of members of each Municipal Corporation is determined, on the basis of the population of the city concerned, by the laws passed by the State Legislature.
1. Each Municipal Corporation includes the following categories of members.
(i) Directly elected members from the area of Municipal Corporation, for the election of these members, the whole area of the large city is divided into wards and each ward elects one member.
The strength of the directly elected members depends upon the size of the population of the urban area.
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(ii) Members of State Legislative Assembly, who represent the area of Municipal Corporation.
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2. Provision for Reservation of Seats:
Some reservation of seats is there in every Municipal Corporation for:
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(i) Scheduled Castes,
(ii) Back ward Classes and
(iii) Women.
The ratio of seats reserved for Scheduled Castes is in proportion to the total population of Scheduled Castes in the Municipal Corporation area. In every Municipal Corporation, two seats are reserved for Backward Classes. At least 1/3 of the seats reserved for Scheduled Castes are reserved for women belonging to Scheduled Castes. At least 1/3 of the seats to be filled by direct election in each Municipal Corporation are reserved for women (including the seats reserved for Women belonging to Scheduled Castes).
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3. Qualifications:
The Qualifications necessary for the membership of a Municipal Corporation are:
(i) The person should be a citizen of India.
(ii) His/her name should figure in the voter’s list of the city concerned.
(iii) He/She must, at least be of 21 years of age.
(iv) He/She should not hold any governmental office i.e. office of profit under the government.
(v) He/She should not have been declared ineligible to contest elections for committing a crime.
4. Tenure:
Every Municipal Corporation has a term of 5 years and begins from the date of the first meeting. Elections take place after the expiry of the year’s term. An election to constitute a Corporation has to be completed within six months from the date of the dissolution of a municipal corporation.
If in the opinion of the government, a Municipal Corporation is not competent to perform its duties or persistently makes mistakes in the performance of duties imposed on it or exceeds any of its powers, the Government can dissolve such a Corporation before the expiry of its term.
Never-the-less, before doing this the corporation has to be given a reasonable opportunity of being heard before its dissolution. After dissolution of a Municipal Corporation a new corporation has to be elected and constituted within six months.
5. President of Municipal Corporation:
Municipal Corporation has one Chairman and one Deputy Chairman who are called Mayor respectively. The members of Municipal Corporation in their first meeting elect Mayor and Deputy Mayor from amongst the elected Councilors. Each has tenure of five years i.e. equal to the tenure of the Municipal Corporation. Members of the Municipal Corporation can remove the Mayor and Deputy Mayor from office before the expiry the term by passing a resolution to that effect by a 2/3rd majority.
6. Provisions for Reservations regarding the offices of Mayor in State. Municipal Corporation Act of a state provides for the reservation of seats for the office of Mayor:
(i) 5% offices for Scheduled Castes.
(ii) 5% offices for women, including women belonging to the Scheduled Castes; and
(iii) 2% offices for Backward Classes.
7. Meetings:
It is compulsory to convene one meeting of the Municipal Corporation in a month. 1/5th members of a Municipal Corporation can also make a written request for convening a special meeting. Such a meeting has to be convened by the Mayor within 14 days of the receipt of the requisition.
8. Quorum:
The quorum for the meeting of a Municipal Corporation is 1/2 of the total members. All decisions of the corporation are taken by a majority of members present and voting. In case of a tie, the Mayor can use a casting vote.
9. Executive Officer of the Municipal Corporation:
The main responsibility to run the administration of Municipal Corporation is that of an executive officer who is designated as Commissioner of Corporation. The Commissioner is appointed by the government and he is a senior government official. His salary and allowances are given out of the Corporation funds.
The Commissioner has the responsibility to run the administration by implementing the decisions taken by the Municipal Corporation. He prepares annual budget of the Municipal Corporation, gets it passed from the Corporation and implements it. All the personnel of the Municipal Corporation work under his supervision and control.
The Commissioner prepares the annual report of the working of the Municipal Corporation and presents it before a meeting of the ‘Corporation Council’. The Commissioner always plays an important role in the administration of the Municipal Corporation.
10. System of Ward Committees:
74th Amendment to the Constitution provides for the establishment of Ward Committees in the Municipal Corporation area and for Municipal Corporation with population of 3 lakh and above. One Ward Committees is constituted for at least five wards. While forming ward committees the geographical contiguity of the wards is taken into consideration.
Each Ward Committee includes the following members:
(i) Councilors of wards included in the area of Ward Committee.
(ii) The Commissioner of Municipal Corporation is the ex-officio member of the Ward Committee.
Each ward committee has a Chairperson who is elected by the elected member of Ward Committee from amongst themselves.