Section 44AC in Chennai City Municipal Corporation Act, 1919
44AC. [ Motion of no-Confidence in [***] [Substituted by Tamil Nadu Municipal Laws (Amend.) Act, 2006 (Tamil Nadu Act 18 of 2006).] Deputy Mayor.
(1)Subject to the provisions of this section, a motion expressing want of confidence in the [***] [Omitted By T.N. Act No. 15 of 2011 for words 'Mayor or'.] Deputy Mayor 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, signed by such number of councillors as shall constitute [not less than three-fifth of the sanctioned strength] [Substituted for the words 'not less than one-half of the sanctioned strength' by Tamil Nadu Act 37 of 2007. dated 18.10.2007.] of the council, together with a copy of the motion which is proposed to be made, shall be delivered in person to the Commissioner by any two of the councillors signing the notice.(3)The Commissioner 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 subsection (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 Commissioner 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 Commissioner 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 Commissioner under sub-section (5).(5)If the Commissioner is unable to preside at the meeting, he may, after recording his reasons in writing, adjourn the meeting to such other lime 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 commissioner 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 commissioner 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 Commissioner to the. State Government.(12)If the motion is carried with the support of [not less than four-fifth of the sanctioned strength] [Substituted for the words 'not less than one-half of the sanctioned strength' by Tamil Nadu Act 37 of 2007, dated 18.10.2007.] of the council, the State Government shall, by notification, remove the [Deputy Mayor] [Substituted by T.N. Act No. 15 of 2011 for words 'Mayor or the Deputy Mayor as the case may be'.].(13)If the morion 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 [***] [Omitted by T.N. Act No. 15 of 2011 for words 'Mayor or the'.] Deputy Mayor shall be received until after the expiry of [one year] [Substituted for the words 'six months' by Tamil Nadu Act 37 of 2007, dated 18.10.2007.] from the date of the meeting.(14)[ No notice of a morion under this section shall be received,-] [Substituted by Tamil Nadu Tamil Nadu Act 37 of 2007, dated 18.10.2007.](i)within one year of the assumption of office by; or(ii)during the last year of the term of office of,[***] [Omitted By T.N. Act No. 15 of 2011 for words 'a Mayor or'.] a Deputy Mayor.]
