MMCNPIT Act 51AChapter III · Duties And Functions Of The Council And The Municipal Executive

Section 51A · [ Election of Vice-President] [This section was substituted by Maharashtra 17 of 2002, Section 2.]

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(1)

Every Council shall have a Vice-President, who shall be elected by the elected Councillors from amongst themselves [in the special meeting convened under sub­section (2) of section 51] [Substituted for 'in the first general meeting convened under sub-section (9) of section 51' by Maharashtra 36 of 2006, dated 13th December, 2006.].

(2)

The meeting to elect the Vice-President shall be presided over [* * *] [Words 'by the President and if there is no President then' deleted by Maharashtra 36 of 2006, dated 13th December, 2006.] by the Collector or such officer as the Collector may nominate specially in this behalf, but the Collector or such other officer shall have no right to vote:Provided that, notwithstanding anything contained in this Act or the rules made thereunder, for regulating the procedure at meetings (including the quorum thereat), the President or, as the case may be, the officer, presiding over such meeting may, for sufficient reasons to be recorded in writing, refuse to adjourn such meeting.

(3)

If, in the election of the Vice-President, there is equality of votes, the result of the election shall be decided by [* * *] [Words 'the President or' were deleted by Maharashtra 36 of 2006, dated 13th December, 2006.] the officer presiding over such meeting by drawing lots.

(4)

The name of the Vice-President so elected shall be notified by the Collector; in the Official Gazette within fifteen days from such election.

(5)

Any dispute regarding the election of the Vice-President shall be referred to the State Government, whose decision thereon shall be final.

(6)

Subject to the provisions of section 55A and other provisions of this Act, the Vice-President shall hold the office; for a term of [two and half years] [Substituted for 'one year' by Maharashtra 48 of 2006, dated 29th December, 2006 (w.r.e.f 5-10-2006).] from the date of his election.

(6A)

[ In respect of the Councils to which the President is directly elected after the commencement of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2016, the provisions of this section shall apply with the following modifications :-

(i)

for sub-section (1), the following sub-section shall be substituted, namely :-
"(1) Every Council shall have a Vice- President, who shall be elected by the elected Councillors amongst themselves in the first general meeting convened under sub-section (9) of section 51A-1A."

(ii)

for sub-section (6), the following sub-section shall be substituted, namely :—
"(6) Subject to the provisions of section 55A and other provisions of this Act, the Vice-President shall hold the office for a term of five years from the date of his election and his term shall be co-terminus with the term of the Council."]

(7)

[ If there is any vacancy in the office of the Vice-President for any reason whatsoever; the vacancy shall be filled up by following the procedure prescribed in sub-sections (1) to (3) and the Vice-President so elected shall remain in office only for the remainder of the term, for which his predecessor would have remained, in office but for such vacancy.] [Sub-section (7) substituted by Maharashtra 48 of 2006, dated 29th December, 2006 (w.r.e.f 5-10-2006).]

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