Section 40B in Tamil Nadu District Municipalities Act, 1920
40B. [ Removal of chairman. [Inserted by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.]
(1)The councillors constituting three-fifth of the sanctioned strength of the council may, by written notice, presented by any two of them, to the Regional Director of Municipal Administration, (hereinafter in this section referred to as Regional Director) with a copy to the chairman, express their intention to make a motion against the chairman that the chairman willfully omits or refuses to carry out or disobeys any provision of this Act, or any rule, by-law, regulation, or lawful order made or issued under this Act or abuses any power vested in him. The Regional Director shall on receipt of such notice, convene a special meeting for the consideration of the motion and record the views of the council, at the office of the municipality at a date appointed by the Regional Director. The motion shall be deemed to have been passed by the council if four-fifth of sanctioned strength of the council present and voting, is in favour of it; and if it is not passed by four-fifth of the sanctioned strength of the council present and voting, it shall be treated as dropped.(2)A copy of the notice of the meeting shall be caused to be delivered to the chairman and to all the councillors by the Regional Director at least fifteen days before the date of the meeting.(3)The Regional Director shall preside at the meeting convened under this section and no other person shall preside thereat. If, within half an hour, appointed for the meeting, the Regional Director is not present to preside at the meeting, the meeting shall stand adjourned to a date to be appointed and notified to the chairman and councillors by the Regional Director under sub-section (4).(4)If the Regional Director is unable to preside at the meeting, he may after recording his reasons in writing, adjourn the meeting to such other date 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 (1). Notice of not less than fifteen days shall be given to the chairman and the councillors, of the date appointed for the adjourned meeting.(5)Save as provided in sub-sections (3) and (4), a meeting convened for the purpose of considering the notice for the removal of the chairman under' this section shall not for any reason, be adjourned.(6)As soon as the meeting convened under this section is commenced, the Regional Director shall read to the council the notice for the consideration of which it has been convened.(7)The Regional Director shall not speak on the merits of the notice, nor shall he be entitled to vote at the meeting.(8)The views of the council shall be duly recorded in the minutes of the meeting and copy of the minutes shall, forthwith on the termination of the meeting, be forwarded by the Regional Director to the State Government through the Commissioner of Municipal Administration.(9)The State Government shall, after considering the views of the council in this regard, by notice in writing require the chairman to offer, within a specified date, his explanation with respect to his acts of commission or omission mentioned in the notice. If the explanation is received within the specified date and the State Government consider that the explanation is satisfactory, they may drop further action with respect to the notice. If no explanation is received within the specified date, or if the explanation received within such date is not satisfactory, the State Government may pass orders removing the chairman. The orders of the State Government removing the chairman from office shall be final. The orders of the State Government removing the chairman from office shall be published in the Tamil Nadu Government Gazette.(10)Any person in respect of whom orders have been published under sub-section (9) removing him from the office of chairman shall be ineligible for election as chairman until the date on which notice of the next ordinary elections to the municipal council is published in the manner prescribed, or the expiry of one year from the date specified in the order published under sub-section (9).] [Substituted by Tamil Nadu Municipal Laws(Amendment) Act, 2007(Tamil Nadu Act 37 of 2007)]
