Section 40A in Tamil Nadu District Municipalities Act, 1920
40A. Motion of no confidence in [vice-chairman] [Substituted for 'chairman or vice-chairman' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011].
(1)Subject to the provisions of this section, a motion expressing want of confidence in the [vice-chairman] [Substituted for 'chairman or vice-chairman' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011] may be made in accordance with the procedure laid down herein.(2)Written notice of intention to make the motion, in such form as may be fixed by the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for the word 'Provincial' by the Adaptation Order of 1950], signed by such number of councillors as shall constitute not less than [three-fifth] [Substituted for the words 'one-half' by Tamil Nadu Municipal Laws (Amendment) Act, 2007 (Tamil Nadu Act 37 of 2007)] of the sanctioned strength of the council, together with a copy of the motion which is proposed to be made, shall be delivered by any two of the councillors signing the notice in person together, to the [Regional Director of Municipal Administration] [The words 'Regional Divisional Officer' were substituted by the words 'Regional Inspector of Municipalities' by Tamil Nadu Act 23 of 1978 and 'Regional Inspector of Municipality' were substituted by 'Regional Director of Municipal Administration' by Tamil Nadu Act 52 of 1998].(3)The [Regional Director of Municipal Administration] [The words 'Regional Divisional Officer' were substituted by the words 'Regional Inspector of Municipalities' by Tamil Nadu Act 23 of 1978 and 'Regional Inspector of Municipality' were substituted by 'Regional Director of Municipal Administration' by Tamil Nadu Act 52 of 1998] shall, then, convene a meeting for the consideration of the motion, to be held at the municipal office, at a time appointed by him which shall not be later than thirty days from the date on which the notice under sub-section (2) was delivered to him. He shall give to the councillors notice of not less than fifteen clear days of such meeting and of the time appointed therefor.(4)The [Regional Director of Municipal Administration] [The words 'Regional Divisional Officer' were substituted by the words 'Regional Inspector of Municipalities' by Tamil Nadu Act 23 of 1978 and 'Regional Inspector of Municipality' were substituted by 'Regional Director of Municipal Administration' by Tamil Nadu Act 52 of 1998] shall preside at the meeting convened under this section, and no other person shall preside thereat. If within half an hour after the time appointed for the meeting, the [Regional Director of Municipal Administration] [The words 'Regional Divisional Officer' were substituted by the words 'Regional Inspector of Municipalities' by Tamil Nadu Act 23 of 1978 and 'Regional Inspector of Municipality' were substituted by 'Regional Director of Municipal Administration' by Tamil Nadu Act 52 of 1998] is not present to preside at the meeting, the meeting shall stand adjourned to a time to be appointed and notified to the councillors by the [Regional Director of Municipal Administration] [The words 'Regional Divisional Officer' were substituted by the words 'Regional Inspector of Municipalities' by Tamil Nadu Act 23 of 1978 and 'Regional Inspector of Municipality' were substituted by 'Regional Director of Municipal Administration' by Tamil Nadu Act 52 of 1998] under sub-section (5).(5)If the [Regional Director of Municipal Administration] [The words 'Regional Divisional Officer' were substituted by the words 'Regional Inspector of Municipalities' by Tamil Nadu Act 23 of 1978 and 'Regional Inspector of Municipality' were substituted by 'Regional Director of Municipal Administration' by Tamil Nadu Act 52 of 1998] is unable to preside at the meeting, he may, after recording his reasons in writing, adjourn the meeting to such other time as he may appoint. The date so appointed shall not be later than thirty days from the date appointed for the meeting under sub-section (3). Notice of not less than seven clear days shall be given to the councillors of the time appointed for the adjourned meeting.(6)Save as provided in sub-sections (4) and (5), a meeting convened for the purpose of considering a motion under this section, shall not, for any reason, be adjourned.(7)As soon as the meeting convened under this section has commenced, the [Regional Director of Municipal Administration] [The words 'Regional Divisional Officer' were substituted by the words 'Regional Inspector of Municipalities' by Tamil Nadu Act 23 of 1978 and 'Regional Inspector of Municipality' were substituted by 'Regional Director of Municipal Administration' by Tamil Nadu Act 52 of 1998] shall read to the council the motion for the consideration of which it has been convened, and declare it to be open for debate.(8)No debate on any motion under this section shall be adjourned.(9)Such debate shall automatically terminate on the expiry of two hours from the time appointed for the commencement of the meeting, if it is not concluded earlier. Upon the conclusion of the debate or upon the expiry of the said period of two hours, as the case may be, the motion shall be put to the vote of the council.(10)The [Regional Director of Municipal Administration] [The words 'Regional Divisional Officer' were substituted by the words 'Regional Inspector of Municipalities' by Tamil Nadu Act 23 of 1978 and 'Regional Inspector of Municipality' were substituted by 'Regional Director of Municipal Administration' by Tamil Nadu Act 52 of 1998] shall not speak on the merits of the motion, nor shall he be entitled to vote thereon.(11)A copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon shall forthwith, on the termination of the meeting be forwarded by the [Regional Director of Municipal Administration] [The words 'Regional Divisional Officer' were substituted by the words 'Regional Inspector of Municipalities' by Tamil Nadu Act 23 of 1978 and 'Regional Inspector of Municipality' were substituted by 'Regional Director of Municipal Administration' by Tamil Nadu Act 52 of 1998] to the State Government.(12)If the motion is carried with the support of not less than [four-fifth] [Substituted for the words 'three-fifth' by Tamil Nadu Act 37 of 2007.] of the sanctioned strength of the council, the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for the word 'Provincial' by the Adaptation Order of 1950] shall, by notification, remove the [vice-chairman] [Substituted for 'chairman or vice-chairman' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.].(13)If the motion is not carried by such a majority as aforesaid, or if the meeting cannot be held for want of a quorum, no notice of any subsequent motion expressing want of confidence in the same [***] [Word 'chairman or' omitted by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011] vice-chairman shall be received until after the expiry of [one year] [Substituted for the words 'six month' by Tamil Nadu Municipal Law (Amendment) Act, 2007 (Tamil Nadu Act 37 of 2007)] from the date of the meeting.(14)[ No notice of a motion under this section shall be received,-(i)within one year of the assumption of office by; or(ii)during the last year of the term of office of,][a vice-chairman] [Substituted 'a chairman or a vice-chairman' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.],
