MMCNPIT Act 56Chapter III · Duties And Functions Of The Council And The Municipal Executive

Section 56 · Consequences of absence of President or Vice-President without leave

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(1)

Every President or Vice-President who absents himself from the municipal area -

(a)

for a period exceeding three months at a time unless leave so to absent himself has been granted by the Council, or

(b)

for an aggregate period exceeding six months during a year whether or not leave for such absence has been granted by the Council,

(c)

shall cease to be President or Vice-President, as the case may be.

(2)

Leave under clause (a) of sub-section (1) shall not be granted for a period exceeding six months during one year. Whenever leave is granted to a Vice-President, [the President shall appoint, within seven days from the date on which leave is granted, another elected Councillor] [These words were substituted for the words 'a Councillor shall be elected by the Councillors from amongst their number' by Maharashtra 47 of 1973, Section 16.] to perform all the duties and exercise all the powers of the Vice-President, during the period for which such leave is granted.

(3)

In every case the authority competent to decide whether a President or a Vice-President has ceased to be President or Vice-President under this section, shall be the Collector. The Collector may give his decision either on an application made to him by any voter or on his own motion. Such decision shall be communicated to the President or Vice-President concerned, the Chief Officer and the applicant, if any. Until the Collector decides that a vacancy has arisen and such decision is communicated as provided above, the President or Vice-President shall not be deemed to have ceased to be President or Vice-President, as the case may be:Provided that, no order shall be passed by the Collector against any President or Vice-President under this section without giving him a reasonable opportunity of being heard.

(4)

Any person aggrieved by the decision of the Collector may, within a period of fifteen days from the date of communication of such decision, appeal to the State Government and the decision of the State Government on such appeal shall be final,

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