(1)For every municipal council, there shall be a president and a vice-president.(2)[ Subject to the provisions of sub-section (2A) the Councillors shall at the first meeting of the Municipal Council after the general election and at a subsequent meeting held immediately before the expiry of term of office of the President and Vice-president chose two members from amongst the elected councillors to be respectively president and Vice-President and so often as there is a casual vacancy in the office of the President, or VicePresident shall choose another member from amongst the elected councillors to be the President or Vice-president, as the case may be.] [Substituted by Act 36 of 1994 w.e.f. 1-6-1994.](2A)[ There shall be reserved by the Government in the prescribed manner,-(a)such number of offices of President and Vice-President in the State for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State;(b)such number of offices of President and Vice-president in the State which shall as nearly as may be one-third of the total number of offices of President and Vice-president in the State for the persons belonging to the Backward Classes;[Provided that out of the offices reserved under this clause eighty per cent of the total number of such offices shall be reserved for the persons falling under category "A" and the remaining twenty per cent of the offices shall be reserved for the persons falling under category "B":Provided further that if no person falling under category "A" is available, offices reserved for that category shall also be filled by the persons falling under category "B" and vice versa.] [Sub-section (2A) Inserted by Act 36 of 1994 w.e.f. 1-6-1994.][Provided also that the number of offices of President and VicePresident reserved for the backward classes under this clause shall be so determined that the total number of offices of President and Vice-President reserved for the scheduled castes and the scheduled tribes and the backward classes under this clause shall not exceed fifty percent of the total number of offices of President and Vice-President of the Municipal Councils in the State.] [Inserted by Act 32 of 2012 w.e.f. 30-8-2012.](c)[not more than fifty percent of the total number of offices of the President and Vice-President] [Substituted by Act 32 of 2012 w.e.f. 30-8-2012.] in the State from each of the categories, reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes and those which are non-reserved, for women:Provided that the offices reserved under this sub-section shall be allotted by rotation in the prescribed manner to different municipal councils.Explanation. - For the removal of doubts it is hereby declared that the principal of rotation for the purpose of reservation of offices under this subsection shall commence from the first ordinary election to be held after the first day of June 1994;](3)The election of the president or the vice-president and the filling up of vacancies in the said offices and the determination of disputes relating to such election shall be [***] [Inserted by Act 83 of 1976 w.e.f. 8-12-1976 and omitted by Act 36 of 1994 w.e.f. 1.1.1996.] in accordance with such rules as may be prescribed:Provided that the authority to determine such election disputes shall be such judicial officer as may be prescribed.(4)[ ***] [Omitted by Act 36 of 1994 w.e.f. 1-1-1996.](5)During a vacancy in the office of the president of a municipal council and when there is no vice-president to take his place or if a vice-president fails to assume charge of the office of president which has fallen vacant as required by sub-section (2) of section 44, then without prejudice to any action under sub-section (10) the Deputy Commissioner or the person performing the duties of the Deputy Commissioner for the time being in the case of [city municipal councils and in the case of town municipal councils] [Substituted by Act 36 of 1994 w.e.f. 1-1-1996.] any officer nominated by him in this behalf not below the rank of an Assistant Commissioner in the case of [municipal councils] [Substituted by Act 36 of 1994 w.e.f. 1-1-1996.] at district headquarters or the Tahsildar or the person performing the duties of the Tahsildar for the time being [or any other person not disqualified for being a Councillor] [Inserted by Act 83 of 1976 w.e.f. 8-12-1976.] in the case of other [municipal councils] [Substituted by Act 36 of 1994 w.e.f. 1-1-1996.] shall, notwithstanding anything contained in this Act or in the rules or orders issued thereunder, perform the functions of the president.(6)Every president who, for a period exceeding two months and every vice-president who for a period exceeding one month, absents himself from the [municipal area] [Substituted by Act 36 of 1994 w.e.f. 1-1-1996.] in such manner as to be unable to perform his duties as such president or vice-president, shall cease to be president or vicepresident, unless leave so to absent himself has been granted by the municipal council. The question whether a vacancy has arisen under this sub-section shall be decided by the Deputy Commissioner.(7)Leave under sub-section (6) shall not be granted for a period exceeding six months. Whenever leave is granted to a president and the office of the vice-president is vacant, the vacancy in the office of the president shall be filled up by election by the municipal council from among the [elected councillors] [Substituted by Act 36 of 1994 w.e.f. 1-1-1996.] within such period and in such manner as may be prescribed. [***] [Omitted by Act 36 of 1994 w.e.f. 1-1-1996.] When leave is granted to a vice-president or when the vice-president is acting for the president, the vacancy in the office of the vice-president may be filled up by election of some other [elected councillor] [Substituted by Act 36 of 1994 w.e.f. 1-1-1996.] thereto.(8)If a vice-president of a municipal council is elected [***] [Omitted by Act 36 of 1994 w.e.f. 1-1-1996.] as president of the municipal council, he shall be deemed to have vacated his office as vice-president.(9)Every president and every vice-president of a municipal council shall forthwith be deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a [majority of the total number of councillors having voting right and by a majority of not less than two-thirds of the councillors having voting right present and voting] [Substituted by Act 31 of 2003 w.e.f. 20-8-2003.] at a special general meeting convened for the purpose:Provided that no such resolution shall be moved unless notice of the resolution is signed by not less than one-third of the [total number of councillors having voting right] [Substituted by Act 31 of 2003 w.e.f. 20-8-2003.] and at least ten days' notice has been given of the intention to move the resolution:Provided further that where a resolution expressing want of confidence in any president or vice-president has been considered and negatived by a municipal council, a similar resolution in respect of the same president or vice-president shall not be given notice of or moved within one year from the date of the decision of the municipal council.(10)Every president and vice-president shall, [***] [Omitted by Act 83 of 1976 w.e.f. 8-12-1976.], be removable from his office as such president or vice-president by the Government for misconduct in the discharge of his duties or for neglect of or incapacity to perform his duties or if he is unable to pay [dues he owes to the Municipal Council or has suffered an order for commitment to civil prison for nonpayment of any decretal debt] [Substituted by Act 83 of 1976 w.e.f. 8-12.1976.], and a president and vice-president so removed who does not cease to be a councillor under sub-section (2) of section 41, shall not be eligible for re-election as president or vice-president during the remainder of his term of office of councillor specified in section 18.[Provided that no such order shall be made except after the president or the Vice-President has been given an opportunity for submitting explanations.] [Inserted by Act 83 of 1976 w.e.f. 8-12.1976.][Explanation. - ***] [Omitted by Act 83 of 1976 w.e.f. 8-12.1976.](11)[ Save as otherwise provided under this Act, the President and Vice President shall hold office for a period of thirty months from the date of their election, provided that in the meantime they do not cease to be councillors.] [Substituted by Act 36 of 1994 w.e.f. 1-1-1996.](12)In the event of the non-acceptance of office, death, resignation or removal from office of a president or vice-president or of his election being void, or of his becoming incapable of acting in such office or having ceased to be a councillor, previous to the expiry of his term of office as president or vice-president, the vacancy shall be filled up [by election] [Substituted by Act 36 of 1994 w.e.f. 1-1-1996.], in accordance with the provisions of the foregoing sub-sections [***] [Omitted by Act 36 of 1994 w.e.f. 1-1-1996.].(13)[ The President and the Vice-President may receive out of the Municipal Fund such monthly allowances, not exceeding rupees two hundred, as the Government may, from time to time, fix and different rates may be fixed for different municipal councils.(14)The Municipal Council shall place at the disposal of the President annually such sum not exceeding one thousand rupees as may be determined by it; by way of sumptuary allowance.] [Substituted by Act 83 of 1976 w.e.f. 8-12-1976.]
