Section 36 ·

4[(1) The Corporation shall at its first meeting and thereafter at the expiration of every two and half years, elect one of its Councillors to be the Chairperson to be known as the Mayor and another Councillor to be the Deputy Mayor of the Corporation: Provided that the office of the Mayor shall be reserved for the Scheduled Castes, Scheduled Tribes and Women; by rotation or by lots in the manner prescribed: Provided further that where the population of any class of persons referred to in the foregoing proviso is less than fifteen percent of the total population of the Municipal area, the office of the Mayor shall not be reserved for that class. (2) The term of office of the Mayor and the Deputy Mayor of the 1. Clause (f) inserted vide H.P. Act No. 11 of 2010. 2. Section 34-A. inserted vide H.P. Act No. 11 of 2010 and omitted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013. 3. Substituted for the words "Annual election" vide H.P. Act No. 3 of 1998 effective from 2nd June, 1997, i.e. the day on which the existing Municipal Corporation of Shimla was constituted and its Mayor shall be deemed to have been elected under the amended provisions, as if the office of the Mayor was to be filled up out of the Councillors belonging to unreserved category. 4. Sub-Section (1) amended vide H.P. Act No. 3 of 1998, sub-sections (1) and (2) substituted vide H.P. Act No. 11 of 2010, amended vide H.P. Act No. 4 of 2012 and again substituted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013. Corporation shall be two and half years from the date of his election, as such, unless in the meantime he resigns his office as Mayor or Deputy Mayor or unless in the case of Deputy Mayor is elected as the Mayor and he shall cease to hold his office on the expiry of his term of office: Provided that if the office of the Mayor or Deputy Mayor is vacated or falls vacant during the tenure on account of death, resignation or no-confidence motion, a fresh election within a period of one month of the vacancy shall be held from the same category, for the remainder period:] Provided further that the election of the new Mayor or the Deputy Mayor, as the case may be, at the end of every term, shall be held before the expiry of the term specified in this sub-section. (3) The Mayor and Deputy Mayor shall be entitled to the payment of such honorarium and may be given such facilities in respect of residential accommodation, telephone, conveyance and the like as may be prescribed by bye-laws. (4) The Mayor of the Corporation shall have access to the record of the Corporation and issue directions to the Commissioner or other functionaries of the Corporation or call for reports from them with a view to ensuring proper implementation of the decisions of the Corporation. (5) The Mayor shall have such powers as may be necessary to carry out the purposes of this Act and to implement the decisions of the Corporation. 1[37.Motion of no confidence against Mayor or Deputy Mayor .- (1) A motion of no confidence against the Mayor or the Deputy Mayor may be made in accordance with the procedure as may be prescribed. (2) Where a notice of intention to move a resolution requiring the Mayor or the Deputy Mayor of the Corporation to vacate his office, signed by not less than majority of its total elected Councilors is given and if a motion of no confidence is carried by a resolution passed by a majority of elected Councillors present and voting at its general or special meeting, the quorum of which is not less than one-half of its total elected members, the Mayor or the Deputy Mayor against whom such resolution is passed shall cease to hold office forthwith. (3) Notwithstanding anything contained in this Act or the rules made thereunder, the Mayor or the Deputy Mayor of the Corporation shall not preside over a meeting in which a motion of no confidence is to be discussed against him. Such meeting shall be presided over by such a person, and convened in such manner, as may be prescribed and the person against whom a motion of no confidence is moved, shall have a right to vote and to take part in the proceedings of such meeting. (4) Motion of no confidence under this section shall not be 1. Section 37 omitted vide H.P. Act No. 11 of 2010 and again inserted vide H.P. Act No. 48 of 2013, effective from. 27th July, 2013. maintainable within six months of the date of his election to such office and any subsequent motion of no confidence shall not be maintainable within the interval of six months of the last motion of no confidence.]