54. [ Vote of no confidence against Chairperson or Vice-Chairperson. [Substituted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.]
(1)Where a meeting of the Municipality specially convened by the District Magistrate in that behalf a resolution is passed, supported by not less than two-third of the total number of Councillors recording want of confidence in the Chairperson or Vice-Chairperson the resolution alongwith the records of the proceedings at such meetings shall forthwith be forwarded to the State Government shall publish the same in the Gazette and with effect from the date of passing of the resolution the person holding the office of Chairperson or Vice-Chairperson, as the case may be, shall be deemed to have vacated such office. In the event of both Chairperson and Vice-Chairperson vacating office the District Magistrate or his nominee shall discharge the responsibilities of the Chairperson till a new Chairperson is elected.[Provided that no such resolution recording want of confidence in the Chairperson or the Vice-Chairperson-(i)shall be passed within two years from the date of his election or nomination, as the case may be; and(ii)shall be moved more than once during a calendar year.](2)In convening a meeting under Sub-section (1) and in the conduct of business at such meeting the procedure shall be in accordance with the rules, made under this Act, subject however to the following provisions, namely :(a)no such meeting shall be convened except on a requisition signed by at least one-third of the total number of Councillors alongwith a copy of the resolution of proposed to be moved at the meeting;(b)the requisition shall be addressed to the District Magistrate;(c)the District Magistrate shall, within 10 days of receipt of such requisition, fix the date, hour and place of such meeting and give notice of the same to all the Councillors holding office on the date of such notice alongwith a copy of the resolution and of the proposed resolution, at least three clear days before the date so fixed;(d)the District Magistrate or if he is unable to attend, any Gazetted Officer above the rank to which the Executive Officer of the Municipal area belongs who is specially authorised by him in that behalf shall preside over, conduct and regulate the proceedings of the meeting;(e)the voting at all such meeting shall be by secret ballot;(f)no such meeting shall stand adjourned to a subsequent date and no item of business other than the resolution for recording want of confidence in the Chairperson or Vice-Chairperson, as the case may be, shall be taken up for consideration at the meeting;(g)if the number of Councillors present at the meeting is less than two-thirds of the total number of Councillors the resolution stand annulled;(h)if the resolution is passed at the meeting supported by the requisite number of Councillors as specified in Sub-section (1) the Presiding Officer shall immediately forward the same in original alongwith the records of the proceedings to the State Government who shall forthwith publish the resolution in accordance with the provisions of Sub-section (1); and(i)where any Gazetted Officer presides at the meeting he shall, without prejudice to the provisions of Clause (h) also send a copy of the resolution alongwith a copy of the proceedings to the District Magistrate for information and such action as may be necessary.]
