Amendment status not verified — confirm the current text below against the official source.
(1) A motion expressing want of confidence in the Chairperson or Deputy Chairperson [x x x x] may be moved in accordance with the procedure laid down in this section. (2) Written notice of the intention to make the motion in such form, as may be prescribed, signed by such number of elected Councillors as shall constitute not less than one-third of the sanctioned strength of the Council together with a copy of the motion which is proposed to be made, shall be delivered by any one of the Councillors signing the notice, in person to the officer authorised by the 27A[State Election Commission] in this behalf. (3) The Officer authorised under sub-section (2) shall, thereupon, convene a meeting of the elected Councillors of the Council for consideration of the motion, to be held at the office of the Municipality at a time appointed by him which shall not be later than fifteen days from the date on which the notice under the said sub-section was delivered to him. He shall give to the elected Councillors notice of not less than ten clear days of such meeting and of the time appointed therefor and shall exhibit the said notice in the Municipal Office. [(4) The meeting convened under this section shall be presided over by an officer authorised by the "State Election Commission" under sub-section (2)] [(4A) x x x x] (5) A meeting convened for considering a motion under this section shall not except for reasons beyond control, be adjourned. (6) As soon as the meeting commences, the person presiding shall read at the meeting the motion for the consideration of which it has been convened, and declare it to be open for debate. (7) A debate under sub-section (6) shall not, except for reasons beyond control, be adjourned. [29A(8) The Officer presiding over the meeting shall not speak on the merits and de-merits of the motion and shall not be entitled to vote.] (9) The debate shall automatically terminate on the expiry of four hours from the time appointed for the commencement of the meeting, if it is not concluded earlier. Upon the conclusion of the debate or upon the expiry of the said period of four hours, as the case may be, the motion shall be put to vote, 29B[which shall be by means of open ballot and the Councillor who casts his vote shall write his name and affix his signature on the reverse side of the ballot paper.] (10) On the conclusion or the termination, as the case may be, of the meeting, a copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon [and a report on the proceedings of the meeting shall forthwith be forwarded to the Government by the officer authorised under sub-section (2)] by the person who presided over the meeting to the Government. [(11) If the resolution is passed with the support of the majority of the sanctioned strength of Councillors of the Municipality notified under Section 6, after that the Chairperson or the Deputy Chairperson, as the case may be, shall cease to hold office and such office shall be deemed to fall vacant forthwith and the officer authorised under sub-section (2) shall report to the Government and the State Election Commission the vacancy in the said posts and shall cause to publish the fact in the notice board of the Municipality and the Government immediately on receipt of such report shall notify in the Gazette, the cessation of office by the Chairperson of Deputy Chairperson as the case may be.] (12) If the motion is not carried by a majority as specified in sub-section (11), or if the meeting could not be held for want of quorum, no notice of any subsequent motion expressing want of confidence in the same Chairperson or the Deputy Chairperson [x x x x], as the case may be, shall be entertained until after the expiry of six months from the date of the meeting. (13) No notice of a motion under this section shall be entertained within six months of the assumption of office by a Chairperson or a Deputy Chairperson [x x x x], as the case may be. The words "or the Chairman of a Standing Committee" omitted by Act 14 of 1999, w.e.f. 24-3-1999. Substituted for "Government" by Act 14 of 2000, w.e.f. 18-1-2000. Sub-section (4) Substituted by Act 14 of 2000, w.e.f. 18-1-2000. Prior to the substitution sub-section (4) read as under: ."(4) A meeting convened under this section shall be presided over: (a) the Chairperson, if the motion is against the *[Deputy Chairperson]; (b) by the Deputy Chairperson if the motion is against the Chairperson; (c) by the Chairman of the Standing Committee in the order of preference mentiond in sub-section (1) of section 20, if the Chairperson or the Deputy Chairperson, as the case may be, is unable to preside over the meeting as provided under clause (a) or clause (b) due to absence from station or otherwise: Provided that where no one is able to preside over the meeting under this clause also, a Councillor, elected by the elected Councillors present at the meeting from among themselves, shall preside over the meeting. * Substituted for the words "Deputy Chairperson or Chairman of a Standing Committee" by Act 14 of 1999, w.e.f. 24-3-1999. Sub-section (4A) omitted by Act 14 of 2000, w.e.f. 18-1-2000. The relevant English Translation is not received yet. Prior to the substitution sub-section (4A) as inserted by Act 14 of 1999, w.e.f. 24-3-1999 read as under: "(4A) The Officer authorised under sub-section (2) shall attend the meeting convened as per this Section as an observer." Substituted by Act 33 of 2005 dt.24/08/2005.Prior to the substitution it reads as under: "(8) The person presiding over the meeting shall not speak on the merits of the motion but shall be entitled to vote thereon without the right to exercise casting or a second vote." Substituted for "which shall be by means of secret ballot" by Act 11 of 1999, w.e.f. 2-10-1995. Substituted for the words "shall forthwith be forwarded" by Act 14 of 1999, w.e.f. 24-3-1999. Sub-section (11) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (11) read as under: "(11) If the motion is carried with the support of more than one half of the sanctioned strength of the Councillors of the Municipality, the Chairperson or the Deputy Chairperson or Chairman of the Standing Committee, as the case may be, shall thereafter cease to function as such and the Government shall, notify the fact of his removal from office." The words "or the Chairman of the Standing Committee" omitted by Act 14 of 1999, w.e.f. 24-3-1999. The words "or the Chairman of a Standing Committee" omitted by Act 14 of 1999, w.e.f. 24-3-1999.