Bare ActsThe Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

Section 48

Resignation of President and Vice-President

Amendment status not verified — confirm the current text below against the official source.

Resignation of President and Vice-President.— (1) The President may resign his office by writing under his hand addressed to the Commissioner, 1[and his office shall thereupon become vacant]. (2) The Vice-President may resign his office by writing under his hand addressed to the President, 2[and his office shall thereupon become vacant]. 3[(3) The notice of resignation shall be delivered in the manner prescribed]. 4[49. Motion of no-confidence against President or Vice-President.— 5[(1) A President or a Vice-President shall cease to be the President or the Vice-President, as the case may be, if a motion of no-confidence is passed, at a special meeting of the Zilla Parishad, by 6[a majority of two-third] of the total number of elected Councillors who are for the time being entitled to sit and vote at any meeting of the Zilla Parishad, and the office of such President or a Vice-President, shall thereupon be deemed to be vacant : 7[Provided that, where the office of the President being reserved for a woman, is held by a woman President, such motion of no-confidence shall be passed only by a majority of not less than three-fourth of the total number of the Councillors who are for the time being entitled to sit and vote at any meeting of the Zilla Parishad :] 8[Provided further that], no such motion of no-confidence shall be brought within a period of six months from the date of the election of the President or the Vice-President, as the case may be. (2) The requisition for such meeting shall be signed by not less than 9[one-third] of the total number of elected Councillors who are for the time being entitled to sit and vote at any meeting of the Zilla Parishad and shall be delivered to the Collector. The requisition shall be signed by the requisitionists and shall be made in such form and in such manner as may be prescribed by the State Government.] (3) The Collector shall, within seven days from the date of receipt of the requisition under sub-section (2), convene a special meeting of the Zilla Parishad. The meeting shall be held on a date not later than thirty days from the date of issue of the notice of the meeting. (4) The meeting shall be presided over by the Collector or such officer not below the rank of a Deputy Collector authorised by him in this behalf. The Collector or such officer shall, when presiding over such meeting have the same powers as the President when presiding over a Zilla Parishad meeting has but shall not have the right to vote. (5) The meeting called under this section shall not, for any reason, be adjourned. 1 These words were substituted for the words “and the resignation shall take effect from such date as the Commissioner may specify in this behalf” by Mah. 35 of 1963, s. 15(1). 2 These words were substituted for the words “and the resignation shall take effect from such date as the President may specify in his behalf” by Mah. 35 of 1963, s. 15(2). 3 This sub-section was inserted by Mah. 43 of 1964, s. 5. 4 Section 49 was substituted for the original by Mah. 6 of 1975, s. 10. 5 Sub-sections (1) and (2) were substituted by Mah. 12 of 1996, s. 2(1). 6 These words were substituted for the words “a majority” by Mah. 27 of 2002, s. 4(1). 7 This proviso was inserted by Mah. 28 of 2003, s. 5(a). 8 These words were substituted for the words “Provided that” by Mah. 28 of 2003, s. 5(b). 9 These words were substituted for the words “one fifth” by Mah. 27 of 2000, s. 4(2). 54 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V Samitis Act, 1961 (6) The names of the Councillors voting for and against the motion shall be read in the meeting and recorded in the minute book kept under sub-section (13) of section 111. 1[(7) If the motion of no-confidence is not moved, or, as the case may be, is rejected, no fresh motion of no-confidence shall be brought before the Zilla Parishad within a period of 2[one year] from the date of the special meeting convened under sub-section (3).]]

Section 48 – The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 | DailyLaw.ai