(a) Holding council meetings in conformity with statutory provisions.
(i) Dates for holding ordinary meetings of the Council in the coming year, should have been decided in the previous year and thereby it should have been prescribed to hold every monthly meeting within the first two weeks of each month.
(ii) A special Council meeting, should have been convened on a date falling within first five (05) days of December, for the purpose of considering the annual budgetary estimates. (Although the holding of a special council meeting for the purpose of
It is not necessary to examine the progress of this section, if main minute books containing minutes of Council meetings, approved by the Council and signed by the Mayor/ Chairman, confirming the same cannot be finished.
the budget is not a statutory requirement in Urban Councils and Pradeshiya Sabhas, in the case of Municipal Councils it is a statutory requirement and therefore it is compulsory for the Municipal Councils to follow it. It is relevant for a supplementary budget also)
(iii) Action should have been taken to serve a written notice on each and every member about the matters scheduled to be taken up at a council meeting, four days (excluding Saturday, Sunday and Public holidays) prior to the date on which the meeting will be
held.
(iv) When any Council meeting is adjourned, the notice for holding it again should have been served on the members, four days in respect of a Municipal Councils and three days in respect of an Urban Council or a Pradeshiya Sabha, prior to the dare of the meeting. (Here, other working days except Saturday, Sunday and Public holidays, falling within these days could be relevant.)
(v) When members have requested to hold a special Council meeting or Mayor/Chairman has decided to hold a special Council meeting notice for such a meeting should have been served on the members, four days in respect of a Municipal Council and three days in respect of an Urban Council or a Pradeshiya Sabha, prior to the date of the meeting.
(vi) If there are any reports or documents relating to matters
containing in the agenda for that date they should have been annexed to every such notice.
(vii) In respect of a Municipal Council an estimate of revenue and a budget containing details of proposed expenditure, for the coming year, should have been submitted to the Council before December after consulting relevant standing committees. (It should be in the some manner, with regard to a supplementary budgetary estimate also)
(viii) Proposed budgetary estimate in terms of (vii) above should have been distributed among members seven days prior to the date on which it is due to be submitted to the council meeting. (As such, if this notice is incorporated into the notice of any
monthly council meeting, such notice should have been sent seven days prior to the date of the meeting)
(ix) Arrangements should have been made for public inspection of the annual budgetary estimates of the Municipal Council, during a period of seven days, prior to the date of the Council meeting referred to in (vii) above. The fact that it is exhibited for public inspection, should have been notified in the Gazette and two news papers, at least. (It should be in the same manner, in respect of a supplementary budgetary estimate also)
(x) Matters not relevant to the Local Authority should not have been included in the agenda of the Council meeting.
(a.1) Holding of Council meetings in conformity with statutory provisions. – Confirmation of the fact that this requirement has been fulfilled.
(i) If all the above requirements are correctly in place, it should be considered that section 11.1 (a) is completed.
(ii) Relevant positions should be confirmed by examining the files, documents and reports relating to these activities
(iii ) If the progress shown is lower than the above positions, it should be considered that this requirement is not completed.
(b) Holding of council meetings at the specified time itself.
(i) Monthly council meetings should have commenced at the time mentioned in the agenda, itself. (If the meeting has been adjourned for a short time or for a future date, due to the fact that members were not present at the time when the meeting was due to be started, it should be considered that this requirement is not completed.)
(ii) An attendance registers should have been maintained by the Secretary for the members to affix their signature, in order to confirm their attendance.
(iii) Arrangements should have been made to sign the above mentioned attendance register, by the members who are present at the time of starting the meeting and by other members thereafter, as and when they come.
(b.1) Holding the monthly council meeting at the specified time itself – Confirmation of the fact that this requirement has been fulfilled.
(i) If all the above requirements are correctly in place, it should be considered that section 11.1 (b) is completed.
(ii) Relevant positions should be confirmed by examining the files, documents and reports relating to these activities
(iii ) If the progress shown is lower than the above positions, it should be considered that this requirement is not completed.
(c) Preparing the minutes of the Council meeting, to contain essential information
(i) Decisions taken at a council meeting should be recorded in the minutes to include only the following:-
• Who submitted the resolution • Who seconded the resolution
• Who are the members that spoke in favour of the resolution • Who are the members that spoke in opposition of the
resolution
• Whether the resolution was passed unanimously. • If there was a division.
o Number of votes cast in favour of the resolution and who are the members
o Number of votes cast in opposition of the resolution and who are the members.
o Number refrained from voting and who are the members. o Number not present in the meeting hall at the time of
voting and who are the members
o If the number of votes cast is equal, was the casting vote in favour or in opposition of the resolution.
• If there was an objection for the decision taken in the manner mentioned above, and if the request was for recording the objection and if the objection has been submitted to the Secretary within three days, that objection.
• If any member with the permission of the Council, left the meeting hall, the person who left so, and the time of leaving and if that person returned to the meeting the time of returning.
• If the meeting was adjourned for a short time or for a future date, that fact.
• If the Mayor/ Chairman left the chair and Deputy Mayor/ Vice Chairman or any other member, took the Chair that fact.
(If there was a division for the appointment of another member to take the chair, whether that division was in the same manner as was to be recorded in an earlier division or whether the decision was unanimous should be stated.)
• The fact that the meeting was adjourned, the meeting resumed its settings again and the meeting was concluded and the time at which these events took place. (If the minutes have been recorded in the manner, how parliamentary Hanzard is prepared, it should be considered that this requirement is not completed.)
(ii) Minutes of the Council meeting should have been certified by the Mayor/Chairman by signing it, after it was confirmed at the next Council meeting.
(c.1) Preparing the minutes of Council meetings to contain essential information – Confirmation of the fact that this requirement has been fulfilled.
(i) If all the above requirements are correctly in place, it should be considered that section 11.1 (c) is completed.
(ii) Relevant positions should be confirmed by examining the files, documents and reports relating to these activities
(iii ) If the progress shown is lower than the above positions, it should be considered that this requirement is not completed.
(d) Council meetings have been conducted strictly according to the agenda -
(i) Agenda of the Council meeting should have been prepared in the manner stated in by-laws/ rules, relating to the conduct of Council meetings.
(ii) Council meetings should have been conducted according to the order appearing in the agenda.
(iii) If on a special occasion, this order has been changed, prior approval of the Council should have been obtained at the same Council meeting.
(d.1) Council meetings have been conducted strictly according to the agenda – Confirmation of the fact that this requirement has been fulfilled.
(i) If all the above requirements are correctly in place, it should be considered that section 11.1 (d) is completed.
(ii) Relevant positions should be confirmed by examining the files, documents and reports relating to these activities
(iii ) If the progress shown is lower than the above positions, it should be considered that this requirement is not completed.
(e) Council decisions have been implemented at proper time
(i) Decisions taken at the Council meeting should have been reported to the relevant sections on the day itself following the day on which the Council meeting was held.
(ii) Progress reports relating to the implementation of Council decisions should have been prepared and the progress should have been followed up at future meetings of the Council.
(iii) If it appears that there is some delay in implementing Council decisions action should have taken to inquire about the reasons for that delay and to take remedial measures.
(e.1) Council decisions have been implemented at the proper time – Confirmation of the fact that this requirement has been fulfilled.
(i) If all the above requirements are correctly in place, it should be considered that section 11.1 (e) is completed.
(ii) Relevant positions should be confirmed by examining the files, documents and reports relating to these activities
(iii ) If the progress shown is lower than the above positions, it should be considered that this requirement is not completed.
(f) Exemplary behaviour of members at the council meeting
(i) At the Council meeting, every member should have acted with obedience and respect to the Chair.
(ii) Members should have spoken only on matters relevant to the subject under discussion at the meeting and they should not have spoken on maters extraneous to the subject under discussion.
(iii) No speeches should have been made to cause damage to the character of any person and also against persons who have no opportunity to speak at the Council meeting.
(iv) Members should have worn suitable clothes when participating at the Council meeting and they should refrain from using indecent language.
f.1) Exemplary behaviour of members at the council meeting – Confirmation of the fact that this requirement has been fulfilled.
(i) If all the above requirements are correctly in place, it should be considered that section 11.1 (f) is completed.
(ii) Relevant positions should be confirmed by examining the files, documents and reports relating to these activities
(iii ) If the progress shown is lower than the above positions, it should be considered that this requirement is not completed.
(g) Safeguarding the rights of members
(i) Action should have been taken by considering that every council member has equal rights.
(ii) If members request that they be given opportunity to examine Council files, on necessary occasions, that opportunity should have been provided.
(iii) When members request for expressing views on any matter which is before the Council, every member should have been given the opportunity to express views to the extent specified by by- laws/rules relating to the conduct of meetings.
(g.1) Safeguarding the rights of members – Confirmation of the fact that this requirement has been fulfilled.
(i) If all the above requirements are correctly in place, it should be considered that section 11.1 (g) is completed.
(ii) Relevant positions should be confirmed by examining the files, documents and reports relating to these activities
(iii ) If the progress shown is lower than the above positions, it should be considered that this requirement is not completed.
(h) Adequate facilities for the people to observe the conduct of business in council meetings.
(i) Adequate facilities should have been provided in the council chamber for the people to observe conduct of business at council meetings. (This position should be maintained to the extent that it does not cause adverse effects on the right of the Council, to remove the people from meeting chamber, temporarily, after taking a decision on a council resolution passed, to the effect that, it is not suitable or proper for the people to remain in the meeting chamber at a certain time)
(ii) Space should have been provided with adequate facilities for media personnel, as to make it convenient for them to observe to conduct of business in the Council meeting and to keep records of its activities for giving publicity through the media. (This position should be maintained to the extent that at does not cause adverse effects on the rights of the Council, to remove media personnel from the meeting chamber temporarily, after taking a decisions on a Council resolution passed to the effect that it is not suitable or
appropriate for the media personnel to remain in the meeting chamber at a certain, time)
- This position is not applicable to standing Committees/ Committees.
(h.1) Adequate facilities for the people to observe the conduct of business in council meeting – Confirmation of the fact that this requirement has been fulfilled.
(i) If all the above requirements are correctly in place, it should be considered that section 11.1 (h) is completed.
(ii) Relevant positions should be confirmed by examining the files, documents and reports relating to these activities
(iii ) If the progress shown is lower than the above positions, it should be considered that this requirement is not completed.
(i) Opportunity has been provided for the members to use for reference, essential laws, statutes and by-laws.
(i) Arrangement should have been made to make available, laws, statutes, rules and by-laws relevant to the Local Authority to the members for them to make use of them at the time of conducting the meeting, because these legal documents are extremely important for the process of taking decisions at the council meeting. (This arrangement should have been implemented, with a system of obtaining them back, after the council meeting is over.)
(ii) If the members require above mentioned laws, statutes, rules and by-laws for use on occasions when no Council meeting is held, opportunity should have been provided for them to take these documents for use conveniently, with sufficient number of copies.
(i.1) Opportunity has been provided for the members to use for reference essential laws, statutes and by-laws – Confirmation of the fact that this requirement has been fulfilled.
(i) If all the above requirements are correctly in place, it should be considered that section 11.1 (i) is completed.
(ii) Relevant positions should be confirmed by examining the files, documents and reports relating to these activities
(iii ) If the progress shown is lower than the above positions, it should be considered that this requirement is not completed.
11.1.1 Council Meetings – Confirmation before awarding of marks
(i) If nine or more out of the above requirements are completed, section 11.1 can be considered in the position of “very good” (E.M. = 4)
(ii) If the requirements in 11.1(a) to 11.1 (b) are completed, this section can be evaluated as “good” (E.M. = 3).
(iii ) If the requirements in 11.1 (a) to 11.1 (g) are completed, this section can be evaluated as “average” (E.M. = 2)
(iv ) If the requirements in 11.1 (a) to 11.1 (e) are completed, this section can be evaluated as “weak” (E.M. = 1)
(v) If the above requirements are not completed in that manner, no marks will be awarded (E.M. = 0)