Motion of no-confidence in Adhyaksha or x x x

§28

Summary

28. (1) A motion expressing want of confidence in the Adhyaksha 1[x x x] of a 2[Zila Panchayat] may be made and proceeded with in accordance with the procedure laid down in the following sub-sections. (2) A written notice of intent on the make the motion, in such form as may be prescribed, signed by not less than one-half of the total number of 3[elected members] of the 2[Zila Panchayat] for the time being, together with a copy of the proposed motion, shall be delivered in person, by any one of the 3[elected members] signing the notice, to the collector having jurisdiction over the 2[Zila Panchayat]. (3) The collector shall thereupon - (i) convene a meeting of the 2[Zila Panchayat] for the consideration fo the motion at the office of the 2[Zila Panchayat] on a date appointed by him, which shall not be later than thrity days fromt the date on which the notice under sub-section (2) was delivered to him ; and (ii) give to the 3[elected members] 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 notice of the meeting to the 3[elected members] shall be excluded. (4) The Collector shall arrange with the District Judge of the district to preside at such meeting ; Provided that the District Judge may instead of presiding himself direct a civil judicial officer not below the rank of a Civil Judge subordinate to him to president 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 3[elected members] at least ten days notice of the next meeting in the manner prescribed under sub-section (3). ]4 (5) 5[Save as provided in sub-section (4-A) and (4-B) a meeting] 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[Zila Panchayat] the mention 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 voting thereon shall be forwarded forthwith on the termination of the meeting by the presiding officer to the State Government and to the Collector. (11) If the motion is carried with the support of 7[not less than two-third] of the total number of 3[elected members] of the 2[Zila Panchayat] for the time being - (a) the presiding officer shall cause the fact to be published by affixing forthwith a notice thereof on the notice board of the office of the 2[Zila Panchayat] and also by notifying the same in the Gazette ; and (b) the Adhyaksha 8[x x x] 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 affixed on the notice board of the office of the 2[Zila Panchayat]. (12) If the motion is not carried as aforesaid 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 Adhyaksha 8[x x x] shall be received until after the expiration of 9[one year] from the date of such meeting. (13) No notice of a motion under this section shall be receive within 9[one year] of the assumption of office by an Adhyaksha 8[x x x].

28. (1) A motion expressing want of confidence in the Adhyaksha 1[x x x] of a 2[Zila Panchayat] may be made and proceeded with in accordance with the procedure laid down in the following sub-sections. (2) A written notice of intent on the make the motion, in such form as may be prescribed, signed by not less than one-half of the total number of 3[elected members] of the 2[Zila Panchayat] for the time being, together with a copy of the proposed motion, shall be delivered in person, by any one of the 3[elected members] signing the notice, to the collector having jurisdiction over the 2[Zila Panchayat]. (3) The collector shall thereupon - (i) convene a meeting of the 2[Zila Panchayat] for the consideration fo the motion at the office of the 2[Zila Panchayat] on a date appointed by him, which shall not be later than thrity days fromt the date on which the notice under sub-section (2) was delivered to him ; and (ii) give to the 3[elected members] 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 notice of the meeting to the 3[elected members] shall be excluded. (4) The Collector shall arrange with the District Judge of the district to preside at such meeting ; Provided that the District Judge may instead of presiding himself direct a civil judicial officer not below the rank of a Civil Judge subordinate to him to president 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 3[elected members] at least ten days notice of the next meeting in the manner prescribed under sub-section (3). ]4 (5) 5[Save as provided in sub-section (4-A) and (4-B) a meeting] 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[Zila Panchayat] the mention 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 voting thereon shall be forwarded forthwith on the termination of the meeting by the presiding officer to the State Government and to the Collector. (11) If the motion is carried with the support of 7[not less than two-third] of the total number of 3[elected members] of the 2[Zila Panchayat] for the time being - (a) the presiding officer shall cause the fact to be published by affixing forthwith a notice thereof on the notice board of the office of the 2[Zila Panchayat] and also by notifying the same in the Gazette ; and (b) the Adhyaksha 8[x x x] 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 affixed on the notice board of the office of the 2[Zila Panchayat]. (12) If the motion is not carried as aforesaid 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 Adhyaksha 8[x x x] shall be received until after the expiration of 9[one year] from the date of such meeting. (13) No notice of a motion under this section shall be receive within 9[one year] of the assumption of office by an Adhyaksha 8[x x x].

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