45. Term of a Municipality constituted under the U.P. Municipalities Act, 1916 is :
(a) Six years from the date of first meeting
(b) Four years from the date of oath
(c) Five years from the date of declaradon of result
(d) None of the above
Answer
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89. Electoral roll for a ward under the U.P. Municipalities Act, 1916 is revised:
A. Every ten years
B. Every five years
C. As and when directed by the State Government
D. None of the above
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44. If a person votes in more than one ward at a general election of a Municipality, his vote would be :
(a) void in one ward
(b) void in all the wards
(c) valid in one ward of his choice
(d) none of the above
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46. At a general election of a Municipality, a person in lawful custody of Police, other than a preventive detenue :
(a) can cast postal vote
(b) can cast vote with the permission of concerned court
(c) can cast vote with permission of Jail Superintendent
(d) cannot cast vote
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88. Recriminatory proceedings under the U.P. Municipalities Act, 1916 pertain to:
A. Criminal action against person guilty of committing offence under the Act
B. A candidate sought to be declared as returned candidate in an election petition
C. Recovery of amount due to a Municipality
D. Determination of reserved seats in a Municipality
Answer
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38. Election petition under the Uttar Pradesh Municipalities Act, 1916 is not maintainable at the instance of :
(a) Unsuccessful Candidate
(b) 20 electors of the Municipality
(c) Person who claims that his nomination was improperly rejected
(d) Any single voter
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93. A petition for transfer of election petition filed under U.P. Municipalities Act, 1916 would lie before :
(a) State Government
(b) Prescribed Authority
(c) Commissioner of the Division
(d) High Court if transfer is to a different district and District Judge within
the district
Answer
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39. The election of any person as a member of a municipality may be questioned by election petition within :
(a) 7 days (b) 15 days
(c) 30 days (d) 45 days
Answer
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Q.3. (a) How, before whom, and on what grounds, election of any person as a member of a Municipality could be questioned? Discuss with specific reference to the provisions contained in the U.P. Municipalities Act, 1916.
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User Submitted Answers
63. Which section of Uttar Pradesh Municipalities Act, 1916 empowers the State Government to dissolve the municipality.
(A) Section 48
(B) Section 31 (A)
(C) Section 30
(D) None of the above
Answer
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10. (a) Which authorities are empowered under the U.P. Municipalities Act, 1916 to prohibit execution of resolution passed by Municipal Board and on what grounds ? Answer referring to relevant provisions of the Act. 10
Answer
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39. The term of the Municipality is :
(a) 5 years from the date oath is taken
(b) 5 years from the date appointed for the first meeting
(c) 5 years from the date of declaration of the election result
(d) 5 years from the date of publication of the result in the official gazette
Answer
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45. A member of Municipality if absents himself at the meeting of Municiaplity for more than three consecutive months or three consecutive meetings, which ever is longer, without obtaining sanction from the Municipality, can be removed under Section 40 by the :
(a) Resolution passed by 2/3rd members of Municipality
(b) Prescribed Authority
(c) District Magistrate
(d) State Government
Answer
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93. An elected member of the municipal board can be removed by-
(A) a resolution passed by municipal board by simple majority
(B) a resolution passed by municipal board by 2/3rd majority
(C) an order passed by the State Government
(D) an order passed by the President of the Municipal Board.
Answer
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37. An election petition challenging election of Member of a Municipality under the Uttar Pradesh Municipalities Act, 1916 could be transferred for trial by :
(a) State Government (b) High Court
(c) Commissioner of Region concerned (d) Could not be transferred
Answer
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47. A petition for transfer of election petition in UP Municipalities Act 1916 would lie before :
(a) State Government
(b) Prescribed Authority
(c) Commissioner of the Division
(d) High Court, if transfer is to a different district and District Judge within the district.
Answer
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36. The President of a Municipal Board on charges can be removed by which amongst the following?
(A) The Municipal Board by simple majority
(B) By the electorate who elected the president by simple majority
(C) By the State Government
(D) By the Commissioner of the Division
Answer
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Q.7. Discuss in detail procedure for removal of President of a Municipality by a motion of no confidence. Support your answer by case law.
Answer
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Q.7. (a) How, when and in what circumstances can the State Government under Section 48(2) of the U.P. Municipalities Act, 1916 seize financial and administrative powers and functions of with case law on the point.
Answer
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2. (a). Discuss in detail the procedure for removal of President of a Municipality by a motion of no confidence. Support your answer by case law. 20
Answer
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9. The State Government can exercise powers under the U.P. Municipalities Act. 1916 to seize the financial powers of the Chairman of a Municipality pending inquiry and final orders. Discuss the scope of inquiry and the manner of exercise of such power with special reference to the case law as reported in the Full Bench decision of the Allahabad High Court in the case of Hafiz Ataullah Ansari v. State of UP. and others. 2011 (2) UPLBEC page 889. 20
Answer
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8. (a) What are the measures of control given to the State Government over a municipality under the U.P. Municipalities Act, 1916? Answer referring to relevant provisions of the Act. 10
Answer
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7. (a) How an elected President and members of a Municipal Board, can be removed? State the grounds of removal. Refer to relevant provisions of the U.P. Municipalities Act, 1916. 10
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7. (b) What are the functions of the Municipality that must be discharged by the President of the Municipality? 5
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42. A person having direct or indirect share or interest in a contract with, by or on behalf of municipality, other than as a municipal servant, shall be disqualified for being such a servant of municipality and :
(a) office of such municipal servant shall become vacant
(b) shall be deemed to have committed an offence
(c) both (ft) and (b)
(d) None of the above
Answer
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8. (b) Which member, officer and servant of the municipality are liable to surcharge for the loss, waste and misapplication of any money or property of the municipality and what are conditions for recovery of surcharge and whether in any circumstances such liability can cease?10
Answer
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40. If during hearing of an appeal relating to tax, under the Uttar Pradesh Municipalities Act, 1916, a question as to principle of assessment arises on which the officer hearing the appeal entertains reasonable doubt, which of the following course is open to him ? (a) Forward the matter to the State Government for decision (b) Refer the matter to the High Court for decision (c) Seek assistance from the Board of Revenue on the question on which he entertains doubt and thereafter decide the same (d) None of the above
Answer
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54. Before which authority Appeal will lie under section 160 of U.P. Municipalties Act, 1916 in a case tax assessed upon the annual value of building or land or both.
(A) State Government
(B) Prescribed Authority
(C) District Magistrate
(D) None of the above
Answer
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Q.10. In order to file an appeal under Section 161 of the U.P. Municipalities Act, 1916 what are the pre-requisites to be complied with in order to make an appeal competent.
Answer
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3 (b) which buildings and lands are exempted from levy of taxes under the provisions of the above Act?
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10. Discuss the scope and extent of reference that may be made under Section 162 of the UP. Municipalities Act, 1916 to the High Court. 10
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11. In order to file an appeal under Section 161 of the UP. Municipalities Act. 1916 what are the prerequisites to be complied with in order to make an appeal competent. 10
Answer
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7. (a) What is the statutory scheme provided in the U.P. Municipalities Act, 1916 for determining “annual value” of any building ? What is the procedure for preparation and revision of assessment list ? Discuss referring to relevant provisions of the U.P. Municipalities Act, 1916. 10
Answer
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8. What are the taxes which can be imposed by a Municipal Board? What procedure is to be followed for imposition of the taxes. Answer giving relevant provisions of the U.P. Municipalities Act, 1916? 10
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10. (b) On what subjects the Municipal Board is empowered to impose tax and what is procedure for imposition of taxes ?- 10
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49. Name of the street falling within the limit of a municipality can be given or changed by:
(a) State Government
(b) Municipality by a resolution of 2/3rd members after approval by State Government
(c) Municipality with the prior approval of the Prescribed Authority
(d) Municipality upon direction of the Local Member of Parliament.
Answer
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7. (b) Discuss various penal provisions as contained in U.P. Municipalities Act, 1916. What are the punishments provided in each of such provisions under the U.P. Municipalities Act, 1916? 10
Answer
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7 (b) Can a private street be declared as public street by Municipality? If yes, how? If no, why?
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90. Which order under the U.P. Municipalities Act, 1916 is appealable:
A. An order issuing a distress warrant
B. An order to sue for a demand
C. An order to close drain made in contravention of the bye-laws
D. An order imposing charge for the supply of water
Answer
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36. An appeal against an assessment order under the Uttar Pradesh Municipalities Act, 1916 lies to the:
(a) State Government (b) District Magistrate
(c) Chief Judicial Magistrate (d) President of the Municipality
Answer
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35. Which Schedule enumerates the enactments which stand repealed by the Uttar Pradesh Municipalities Act, 1916 :
(a) Schedule II (b) Schedule XIV
(c) Schedule VI (d) Schedule IX
Answer
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100. By-laws of a Municipal Board can be framed in which of following manners? .
(A) The State Government shall frame by-laws for the Municipal Board.
(B) The by-laws of the Municipal Board can be framed by passing a resolution by the Municipal Board.
(C) The by-laws can be framed by Municipality only by a special resolution after previous publication.
(D) The by-law can be framed by the President of the Municipal Board
Answer
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