Section 16 in Uttar Pradesh Municipal Corporation Act, 1959
16. Motion of non-confidence against [* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] Mayor.
(1)A motion expressing non-confidence in the [* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] Mayor shall be made only in accordance with the procedure laid down in this section.(2)[ No notice of a motion of non-confidence under this section shall be received within two years of the assumption of office by the Mayor.] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).](3)Written notice of intention to make a motion of non-confidence in the [* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] Mayor signed by such number of members of the Mahapalika as constitute not less than [one-half] [Substituted by U.P. Act 17 of 1982 (w.e.f. 4-1-1982).] of the total number of members of the Corporation, together with a copy of the motion which it is proposed to make, shall be delivered by any two of the members signing the notice to the Commission of the Division in which the City is situate.(4)The Commissioner of the Division shall then convene a meeting for the consideration of the motion to be held at the office of the Corporation, on the date and at the time appointed by him which shall not be earlier than thirty and not later than thirty-five days from the date on which the notice under sub-section (3) was delivered to him. He shall send not less than seven clear days before the date of the meeting, a notice of such meeting, and of the date and time appointed therefore, to every member of the Corporation at his place of residence and shall at the same time cause such notice to be published in such manner as he may deem fit. Thereupon every member shall be deemed to have received the notice.(5)The [District Judge] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] shall preside at the meeting convened under this section and no other person shall preside thereat. If within half an hour from time appointed for the meeting, the [District Judge] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] is not present to preside at the meeting, the meeting shall stand adjourned to the date and time to be appointed by the [District Judge] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] under sub-section (6).(6)If the [District Judge] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] is unable to preside at the meeting, he may, after recording his reasons adjourn the meeting to such other date and time as he may appoint, but not later that fifteen days from the date appointed for the meeting under sub-section (4). He shall without delay communicate in writing to the Commissioner of the Division the adjournment of the meeting. It shall not be necessary to send notice of the date and the time of adjourned meeting to the members individually, but the Commissioner of the Division shall give notice of the date and the time of the adjourned meeting by publication in the manner provided in sub-section (4).(7)[* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).](8)Save as provided, in [sub-sections (5) and (6)] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] a meeting convened for the purpose of considering a motion under this section shall not for any reason be adjourned.(9)As soon as the meeting convened under this section has commenced, the [District Judge] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] shall read to the members present the motion for the consideration of which it has been convened and declare it to be open for discussion.(10)No discussion on any motion under this section shall be adjourned.(11)Such discussion shall automatically terminate on the expiry of three hours from the time appointed for the commencement of the meeting, unless it is concluded earlier. Upon the conclusion of the debate or upon the expiry of the said period of three hours, as the case may be, the motion shall be put to the vote of the Corporation.(12)The [District Judge] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] shall not speak on the merits of the motion, nor vote thereon.(13)A copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon shall, on the termination of the meeting, be forwarded forthwith by the [District Judge] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] to the [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.] and the Commissioner of the Division.(14)As soon as may be after three days of the receipt of the copies mentioned in sub-section (13), the Commissioner of the Division shall forward the same to the State Government, [in the event of the motion of non-confidence having been carried.] [Substituted by U.P. Act 16 of 2004, S.4 (w.e.f. 21-11-2002).][(14-A) (a) The State Government shall, after considering the report of the Commissioner referred to in sub-section (14) on merits shall take decision within one month.(b)In case the non-confidence motion against a Mayor is rejected by the State Government, no notice of any subsequent motion of non-confidence in that Mayor shall be received within a period of one year from the date of such rejection.](15)The motion shall be deemed to have been carried only when it has been passed by [a majority of [three-fourths] [Substituted by U.P. Act 8 of 1998, S.2 (w.e.f. 13-11-1997).][Inserted by U.P. Act 16 of 2004, S.4 (w.e.f. 21-11-2002).] of the total number of members of the Corporation.(16)[ If the motion is not carried as aforesaid, or if the meeting can not be held for want of quorum, which shall not be less than [three-fourth] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] of the total number of members of the Corporation, for the time being, no notice of any subsequent motion of non-confidence in the same Mayor shall be received until after the expiry of a period of two years from the date of meeting.](17)On a motion of non-confidence in the [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.] having been passed and communicated to him in accordance with this section, the [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.] shall -(a)[] within three days of the receipt of such communication resign his office;] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).](b)on the expiry of three days after the date of receipt of such communication, stop acting as [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.].(18)In the event of failure of the [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.] to act in accordance with clause (a) of sub-section (17) within the time allowed under that sub-section, the State Government shall remove him with effect from a date to be specified in the order and any person so removed shall notwithstanding anything elsewhere in this Act be not eligible for re-election to fill any casual vacancy occurring before the general election next following.(19)[* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).](20)[* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).](21)[* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).](22)[* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).](23)Nothing done by any member of the Corporation, the Commissioner of the Division, the [District Judge] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] or the State Government in pursuance of the provisions of this section shall be questioned in any Court.
