Motion of non-confidence in Pramukh or x x x

§15

Summary

15. (1) A motion expressing want of confidence in the Pramukh or any 1[x x x] of a 2[Kshettra Panchayat] may be made and proceeded with in accordance with the procedure laid down in the following subsections. (2) A written notice of intention to make the motion in such form as may be prescribed, signed by at least half of the total number of 3[elected members of the Kshettra Panchayat] for the time being together with a copy of the proposed motion, shall be delivered in person, by any one of the members signing the notice, to the Collector giving jurisdiction over the 2[Kshettra Panchayat]. (3) The Collector shall thereupon :- (i) convene a meeting of the 2[Kshettra Panchayat] for the consideration of the motion at the office of the 2[Kshettra Panchayat] on a date appointed by him, which shall not be later than thirty days from the date on which the notice under sub-section (2) was delivered to him ; and (ii) give to the 3[elected members of the Kshettra Panchayat] notice of not less than fifteen days of such meeting in such manner as may be prescribed. 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 the motion made under this section is in force plus such further time as may be required in the issue of fresh notices of the meeting to the members, shall be excluded. (4) The sub-divisional of facer of the sub-division in which the 2[Kshettra Panchayat] exercises jurisdiction shall preside at such meetings : Provided that if the 2[Kshettra Panchayat] exercises jurisdiction in more than one sub-division or the sub-divisional officer cannot for any reason preside, any stipendiary additional or assistant collector named by the collector shall preside at the meeting. [ (4-A) If within an hour from the time appointed for the meeting such officer is not present to preside at the meeting, the meeting shall stand adjourned to the date and time to be appointed by him under subsection (4-B). (4-B) If the officer mentioned in sub-section (4) is unable to preside at the meeting, he may, after recording his reasons, adjourn the meeting to such other date and time as he may appoint, but not later than 25 days from the date appointed for the meeting under sub-section (3). He shall without delay inform the Collector in writing of the adjournment of the meeting. The Collector shall give to the members at least ten days notice of the next meeting in the manner prescribed under sub-section (3). ]4 (5) [Save as provided in sub-sections (4-A) and (4-B), meeting]5 convened for the purpose of considering a motion under this section, shall not be adjourned. (6) As soon as the meeting convened under this section commences, the Presiding Officer shall read to the 2[Kshettra Panchayat] the motion for the consideration of which the meeting has been convened and declare it to be open for debate. (7) No debate on the motion under this section shall be adjourned. (8) Such debate shall automatically terminate on the expiration of two hours from the time appointed for the commencement of the meeting, if it is not concluded earlier. On the conclusion of the debate or on the expiration of the said period of two hours, whichever is earlier, the motion shall be put to vote [which shall be held in the prescribed manner by secret ballot ]6. (9) The Presiding Officer shall not speak on the merits of the motion and he shall not be entitled to vote thereon. (10) 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 forthwith on the termination of the meeting by the Presiding Office to the State Government and to the 2[Kshettra Panchayat] having jurisdiction. (11) If the motion is carried with the support of 7[not less than two-third] the total number of [elected members of the Kshettra Panchayat] for the time being - (a) the Presiding Officer shall cause the fact to be published by affixing a notice thereof on the notice board of the office of the 2[Kshettra Panchayat] and also by notifying the same in the Gazette ; and (b) the Pramukh or 1[x x x], as the case may be, shall cease to hold office as such and vacate the same on and from the date next following that on which the said notice is fixed on the notice board of the office of the 2[Kshettra Panchayat]. (12) If the motion is not carried as aforesaid 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 Pramukh 1[x x x] shall be received until after the expiration of 8[one year] from the date of such meeting.s (13) No notice of a motion under this section shall be received within 8[two year] of the assumption of office by a Pramukh 1[x x x], as the case may be.

15. (1) A motion expressing want of confidence in the Pramukh or any 1[x x x] of a 2[Kshettra Panchayat] may be made and proceeded with in accordance with the procedure laid down in the following subsections. (2) A written notice of intention to make the motion in such form as may be prescribed, signed by at least half of the total number of 3[elected members of the Kshettra Panchayat] for the time being together with a copy of the proposed motion, shall be delivered in person, by any one of the members signing the notice, to the Collector giving jurisdiction over the 2[Kshettra Panchayat]. (3) The Collector shall thereupon :- (i) convene a meeting of the 2[Kshettra Panchayat] for the consideration of the motion at the office of the 2[Kshettra Panchayat] on a date appointed by him, which shall not be later than thirty days from the date on which the notice under sub-section (2) was delivered to him ; and (ii) give to the 3[elected members of the Kshettra Panchayat] notice of not less than fifteen days of such meeting in such manner as may be prescribed. 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 the motion made under this section is in force plus such further time as may be required in the issue of fresh notices of the meeting to the members, shall be excluded. (4) The sub-divisional of facer of the sub-division in which the 2[Kshettra Panchayat] exercises jurisdiction shall preside at such meetings : Provided that if the 2[Kshettra Panchayat] exercises jurisdiction in more than one sub-division or the sub-divisional officer cannot for any reason preside, any stipendiary additional or assistant collector named by the collector shall preside at the meeting. [ (4-A) If within an hour from the time appointed for the meeting such officer is not present to preside at the meeting, the meeting shall stand adjourned to the date and time to be appointed by him under subsection (4-B). (4-B) If the officer mentioned in sub-section (4) is unable to preside at the meeting, he may, after recording his reasons, adjourn the meeting to such other date and time as he may appoint, but not later than 25 days from the date appointed for the meeting under sub-section (3). He shall without delay inform the Collector in writing of the adjournment of the meeting. The Collector shall give to the members at least ten days notice of the next meeting in the manner prescribed under sub-section (3). ]4 (5) [Save as provided in sub-sections (4-A) and (4-B), meeting]5 convened for the purpose of considering a motion under this section, shall not be adjourned. (6) As soon as the meeting convened under this section commences, the Presiding Officer shall read to the 2[Kshettra Panchayat] the motion for the consideration of which the meeting has been convened and declare it to be open for debate. (7) No debate on the motion under this section shall be adjourned. (8) Such debate shall automatically terminate on the expiration of two hours from the time appointed for the commencement of the meeting, if it is not concluded earlier. On the conclusion of the debate or on the expiration of the said period of two hours, whichever is earlier, the motion shall be put to vote [which shall be held in the prescribed manner by secret ballot ]6. (9) The Presiding Officer shall not speak on the merits of the motion and he shall not be entitled to vote thereon. (10) 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 forthwith on the termination of the meeting by the Presiding Office to the State Government and to the 2[Kshettra Panchayat] having jurisdiction. (11) If the motion is carried with the support of 7[not less than two-third] the total number of [elected members of the Kshettra Panchayat] for the time being - (a) the Presiding Officer shall cause the fact to be published by affixing a notice thereof on the notice board of the office of the 2[Kshettra Panchayat] and also by notifying the same in the Gazette ; and (b) the Pramukh or 1[x x x], as the case may be, shall cease to hold office as such and vacate the same on and from the date next following that on which the said notice is fixed on the notice board of the office of the 2[Kshettra Panchayat]. (12) If the motion is not carried as aforesaid 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 Pramukh 1[x x x] shall be received until after the expiration of 8[one year] from the date of such meeting. s (13) No notice of a motion under this section shall be received within 8[two year] of the assumption of office by a Pramukh 1[x x x], as the case may be.

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