Uttar Pradesh · Act 2 of 1916

Section 113 — Presumptions and savings.

UTTAR PRADESH MUNICIPALITIES ACT, 1916

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113. (1) No vacancy in a Municipality or in a committee of a board shall vitiate any act or proceeding of a Municipality or of such committee.

1(2) No disqualification, or defect in the election, nomination or appointment, of a person acting as a member of a Municipality or of a committee appointed under this Act, or as the 2[President or the Chairman, as the case may be] of a meeting of a Municipality or of such committee, shall be deemed to vitiate any act or proceeding of the board or the committee, if the majority of the persons present at the time of the act being done, or proceeding being taken, were qualified and duly elected 3[or nominated] members of the board or committee.

(3) Unless the contrary is proved, any document or minutes which purport to be the record of the proceedings of a board or committee shall, if substantially made and signed in the manner prescribed for the making and signing of the record of such proceedings, be deemed to be a correct record of the proceedings, of a duly convened meeting held by a duly constituted board or committee whereof all the members were duly qualified.

Source footnotes

1. In accordance with section 2 (1) of Uttar Pradesh Municipalities (Supplementary and Validation) Act, 1951 (U. P. Act XV of 1951) (see appendix to this Act) during the period commencing from June 21, 1949 and until a new board is constituted by the first General Elections held under the U. P. Municipalities Act, 1916, next after the commencement of this Act, the following amended sub-section (2) of section 113 shall be in operation.
2. Subs. for (Chairman) by sec. 65 U. P. Act VII of 1949.
3. Ins. by sec. 11 of U. P. Act no. 11 of 1919.

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Next · Section 114Municipal Fund →All sections / सभी धाराएँUTTAR PRADESH MUNICIPALITIES ACT, 1916 →
More sections of this actSection 1 · Short title, extent and commencementSection 2 · DefinitionsSection 3 · Declaration and definition of municipalities and cities.Section 3A · Municipality for every transitional area and smaller urban areaSection 3B · Constitution and composition of Ward CommitteeSection 4 · Procedure preliminary to issue notificationSection 5 · Effect of including area in Transitional area or smaller urban areaSection 5-A · Director of Local Bodies.
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Section 113 — Presumptions and savings. | UTTAR PRADESH MUNICIPALITIES ACT, 1916 | NYAYA SIGNAL

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