MMCNPIT Act 55Chapter III · Duties And Functions Of The Council And The Municipal Executive

Section 55 · [ Removal of President by Councillors. [Section 55 and 55A were substituted for section 55 by Maharashtra 19 of 1981 Section 11.]

- [(1) Notwithstanding anything contained in this section, after the coming into force of the Maharashtra Municipal Corporation and Municipal Councils, (Amendment) and Temporary Provisions for Conduct of Elections of Municipal Corporation Act, 2001, a President shall cease to be the President if the Councillors by a resolution passed at a special meeting by majority not less than three fourths of the total number of Councillors so decides:][Provided that, no such resolution under this sub-section shall be moved within a period of one year from the date of the election of the President. For the removal of the President directly elected under section 51A-1A, the provisions of section 55-1 shall apply.] [Substituted by Maharashtra Act No. 25 of 2018, dated 31.3.2018.]

(2)

The requisition for such special meeting shall be signed by not less than one-half of the total number of Councillors [* * *] [The brackets and the words '(excluding the co-opted Councillors)' were deleted by Maharashtra 41 of 1994, Section 141(b).] and shall be sent to the Collector:[Provided that any co-opted Councillor co-opted on the Council before 31st May, 1994 shall not have the right to sign the requisition for the special meeting and shall also have no right to vote at such special meeting.] [This proviso was inserted by Maharashtra 41 of 1994, Section 141(c).]

(3)

The Collector shall, within ten days of the receipt of a requisition under subsection (2), convene a special meeting of the Council:Provided that, when the Collector convenes a special meeting, he shall give intimation thereof to the President.

(4)

A meeting to consider a resolution under sub-section (1) shall be presided over by the Collector or any other officer authorised by him in this behalf, but the Collector or such other officer shall have no right to vote.

(5)

The [nominated] [This word was substituted for the word 'Co-opted' by Maharashtra 41 of 1994, Section 141(d).] Councillors present at any meeting mentioned in sub-section (4) shall have no right to vote on any resolution relating to the removal of the President.

(6)

[ If the resolution seeking the removal of the President is not moved or, as the case may be, rejected, in the special meeting convened for the purpose under subsection (3), no fresh resolution seeking the removal of the Resident shall be brought before the Council [* * *] [This sub-section was substituted by Maharashtra 6 of 2001, Section 2.]][55-1. Removal of President directly elected under section 51A-1A. [Substituted by Maharashtra Act No. 25 of 2018, dated 31.3.2018.]

(1)

The requisition for removal of the President directly elected under section 51A-1A shall be signed by not less than one half of the total number of Councillors and shall contain the charges of misconduct against such President and shall be sent to the Collector :Provided that, no such requisition shall be sent within a period of two and half years from the date of election of such President.

(2)Upon receipt of the requisition under sub-section (1), the Collector shall conduct the enquiry of such charges and complete such enquiry within a period of one month from the date of receipt of the requisition :Provided that, in no case such period of enquiry shall be extended beyond three months and for such extended period, prior assent of the State Government shall be obtained by the Collector, if the enquiry proceeding is delayed due to unavoidable reasons.

(3)The Collector shall submit the findings of the enquiry to the Government for taking appropriate action under section 55-A.][55-1A. Removal of Vice-President by Councillors. [This section was inserted by Maharashtra 17 of 2002, Section 3.]

(1)A Vice-President shall cease to be the Vice-President, if the Council by a resolution passed by a majority of not less than two-thirds of the total number of the Councillors, at a special meeting, so decides:Provided that, no such resolution shall be moved within a period of six months from the date of election of the Vice-President.

(2)The requisition for such special meeting shall be signed by not less than one-half of the total number of Councillors and shall be sent to the President, and the President shall, within ten days of the receipt of such requisition, convene a special meeting of the Council, where the nominated Councillors shall have no right to vote.

(3)If the resolution seeking removal of the Vice-President is not moved or as the case may be rejected, in the special meeting convened for the purpose under subsection (2), no fresh resolution for such removal shall be brought during the tenure of such Vice-President.]

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