Amendment status not verified — confirm the current text below against the official source.
Substituted by Act No.42 of 2008. Resolution of disputes relating to cessation for disobedience of party whip. Deputy when to act as Mayor. Motion of no confidence in Mayor / Deputy Mayor. [Act No. II of 1956] 99 Provided further that if the motion is not carried by two- thirds majority or if the meeting could not be held for want of a quorum, no notice of any subsequent motion expressing want of confidence in the same person shall be made until after the expiration of one year from the date of such first meeting: Provided also that the membership of a suspended member shall also be taken into consideration for computing the total number of members and he shall also be entitled to vote in a meeting held under this section. (2) The District Collector shall then convene a meeting for the consideration of the motion at the office of Municipal Corporation on the date appointed by him which shall not be later than thirty days from the date on which the notice under sub-section (1) was delivered to him. He shall give to the members, Mayor or Deputy Mayor as the case may be and the Ex-officio members, notice of not less than fifteen clear days excluding the date of the notice and the date of the proposed meeting of such meeting in such form as may be prescribed by the Government and such notice shall be delivered as may be specified. Explanation:- In computing the period of thirty days specified in this sub-section, the period during which a stay order, if any, issued by a competent court on a petition filed against a notice under sub-section (1) is in force shall be excluded. (3) The District Collector or other officer nominated by him (here-in-after referred to as presiding officer) shall preside at such meeting. The quorum for such meeting shall be two-thirds of the total number of members. If within half an hour after the time appointed for the meeting, there is no quorum for the meeting, the Presiding officer shall adjourn the meeting to some other time on the same date and notify 100 [Act No. II of 1956] the same in the notice board of the Corporation. If there is no quorum at the adjourned time of the same day, no further meeting shall be convened for consideration of the motion and the meeting shall stand dissolved and the notice given under sub-seciton (1) shall lapse. (4) As soon as the meeting convened under this section commences, the presiding officer shall read only the motion for the consideration of which the meeting has been convened and shall put it to vote without any debate. The voting shall be by show of hands duly obeying the party whip given by such functionary of the recognized political party in the manner prescribed: Provided that a member voting under this sub-section in disobedience of the party whip shall cease to hold office forthwith and the vacancy caused by such cessation shall be filled as a casual vacancy. (5) A copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon shall be forwarded immediately on the termination of the meeting by the presiding officer to the District Collector. The District Collector shall forward the same along with his remarks to the Government. (6) If the motion is carried with the support of two thirds majority of the total number of the members including the Ex-officio members as on the date of the meeting, the Government shall by notification remove the Mayor or the Deputy Mayor as the case may be from office and the resultant vacancy shall be filled in the same manner as a casual vacancy. Explanation-I:- For the removal of doubts, it is hereby declared that for the purpose of this section, the expression ―total number of members‖ means, all the members who are [Act No. II of 1956] 101 entitled to vote in the election to the office concerned including the ex-officio members. Explanation-II:- For the purposes of the section, in the determination of two-thirds of the total number of members, any fraction below 0.5 shall be ignored and any fraction of 0.5 or above shall be taken as one.]