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State of Kerala - Section

Section 19 in Kerala Municipality Act, 1994

19. Motion of no-confidence.

(1)A motion expressing want of confidence in the Chairperson or Deputy Chairperson [x x x ] [Omitted 'or the Chairman of a Standing Committee' by Act 14 of 1999, w.e.f. 24-3-1999.] may be moved in accordance with the procedure laid down in this section.
(2)Written notice of the intention to make the motion in such form, as may be prescribed, signed by such number of elected Councillors as shall constitute not less than one-third 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 one of the Councillors signing the notice, in person to the officer authorised by the [State Election Commission] [Substituted 'Government' by Act 14 of 2000, w.e.f. 18-1-2000.] in this behalf.
(3)The Officer authorised under sub-section(2) shall, thereupon, convene a meeting of the elected Councillors of the Council for consideration of the motion, to be held at the office of the Municipality at a time appointed by him which shall not be later than fifteen days from the date on which the notice under the said subsection was delivered to him. He shall give to the elected Councillors notice of not less than ten clear days of such meeting and of the time appointed therefor and shall exhibit the said notice in the Municipal Office.
(4)[ The meeting convened under this section shall be presided over by an officer authorised by the "State Election Commission" under sub-section (2)] [Substituted by Act 14 of 2000, w.e.f. 18-1-2000.]
(4A)[ x x x x] [Omitted '(4A)' by Act 14 of 2000, w.e.f. 18-1-2000.]
(5)A meeting convened for considering a motion under this section shall not except for reasons beyond control, be adjourned.
(6)As soon as the meeting commences, the person presiding shall read at the meeting the motion for the consideration of which it has been convened, and declare it to be open for debate.
(7)A debate under sub-section (6) shall not, except for reasons beyond control, be adjourned.
(8)[ The Officer presiding over the meeting shall not speak on the merits and demerits of the motion and shall not be entitled to vote] [Substituted by the Third Amendment Act 33 of 2005, w.e.f 24.8.2005.]
(9)The debate shall automatically terminate on the expiry of four 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 four hours, as the case may be, the motion shall be put to vote, [which shall be by means of open ballot and the Councillor who casts his vote shall write his name and affix his signature on the reverse side of the ballot paper.] [Substituted by the Act 11 of 1999, w.e.f 2-10-1995.]