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State of Maharashtra - Section

Section 19 in The City of Nagpur Corporation Act, 1948

19. Effect of subsequent disabilities. - If any person having been elected [* * *] a Councillor,-

(a)subsequently becomes subject to any of the disqualifications specified in section 15 and such disqualification is not removable or being removable is not removed, or(b)absents himself during three consecutive months from the meetings of the Corporation, except from temporary illness or for any other cause which the Corporation may consider sufficient to justify such absence, or(c)is retained or employed in any professional capacity in connection with any matter to which the Corporation is a party, or(d)absents himself during six consecutive months from the meetings of the Corporation, or(e)fails to pay any arrears of any kind due by him to the Corporation within three months after a special notice in this behalf has been served upon him by [the Commissioner, or],[(f) has constructed or constructs by himself, his spouse or his dependent, any illegal or unauthorised structure violating the provisions of this Act or the Maharashtra Regional and Town Planning Act, 1966 or the rules or by-laws framed under the said Acts; or has directly or indirectly been responsible for, or helped in his capacity as such Councillor in, carrying out such illegal or unauthorised construction or has by written communication or physically obstructed or tried to obstruct any Competent Authority from discharging its official duty in demolishing any illegal or unauthorised structure. Such disqualification shall be for the remainder of his term as a Councillor from the date of the declaration of such structure to be illegal or unauthorised by the concerned authority under the provisions of the said Acts, or as the case may be, from the date of commission of the act of interference or obstruction by the Councillor against the Competent Authority,]such person shall cease to be a Councillor and the State Government shall, by notification, declare his seat to be vacant.[20. Election of Mayor and Deputy Mayor and reservation of office of Mayor. - [(1) The Corporation shall, subject to the provisions of sub-section (2), at its first meeting after the general elections, elect from amongst the Councillors one of its number to be the Mayor and another to be the Deputy Mayor. The tenure of the Mayor and the Deputy Mayor shall be of two and a half years :Provided that, the term of the Mayor and the Deputy Mayor in office on the dale of coming into force of the Maharashtra Municipal Corporation (Amendment) Act, 2000, shall be extended to, and, be co-terminus with, the term of the office of the elected Councillors :Provided further that, the roster relating to the reservation of the office of the Mayor shall be deemed to have been amended to provide for the extended tenure of the Mayor.]
(2)There shall be reservation for the office of the Mayor in the Corporation, by rotation, for the Scheduled Castes, the Scheduled Tribes, women and the Backward Class of citizens, in the prescribed manner.
(3)Notwithstanding anything contained in sub-section (1), on the date of commencement of the City of Nagpur Corporation (Amendment) Act, 1999, the term of office of the Mayor, who is in office on the said date, shall be deemed to have come to an end and he shall have vacated his office on the said date. The Mayor in office having so vacated his office, the first meeting for the purpose of election of the new Mayor, after the said date shall be held by the Commissioner within a period of seven days from the said date and all other provisions of this Act relating to such election shall, mutantis mutandis apply :Provided that Mayor in office immediately before the said date shall continue till the new Mayor enters the office.
(4)The Mayor and the Deputy Mayor shall hold office until a new Mayor and a new Deputy Mayor have been elected under sub-section (1) and, in a year in which general elections have been held, shall do so notwithstanding that they have not been returned as Councillors on the results of the elections.
(5)A retiring Mayor or Deputy Mayor shall be eligible for re-election to either office.
(6)The Deputy Mayor may resign his office at any time by notice in writing to the Mayor and the Mayor may resign his office at any time by notice in writing to the Corporation.
(7)If any casual vacancy occurs in the office of Mayor or Deputy Mayor, the Corporation shall, as soon as convenient after the occurrence of the vacancy, choose one of its number to fill the vacancy and every Mayor or Deputy Mayor so elected shall hold office so long only as the person in whose place he is appointed would have been entitled to hold it if the vacancy had not occurred.]