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State of Rajasthan - Section

Section 51 in The Rajasthan District Boards Act, 1954

51. Motion of no-confidence against Chairman.

(1)Subject to the provisions of this section, a motion expressing no-confidence in the Chairman shall be made only in accordance with the procedure laid down below.
(2)Written notice of intention to make a motion of no-confidence in its Chairman, signed by such number of members of the Board as constitute not less than one-third of the total number of members of the Board, together with a copy of the motion which it is proposed to make, shall be delivered in person together by any two of the members signing the notice to the District Magistrate.
(3)The District Magistrate shall then convene a meeting for the consideration of the motion to be held at the office of the Board, on the date and at the time appointed by him, which shall not be later than twenty-five days from the date on which the notice under sub-section (2) was delivered to him. He shall send by registered post not less than seven clear days before the date of the meeting, a notice of such meeting and of date and time appointed therefor, to every member of the Board at his place of residence and shall at the same time cause such notice to be published in such manner as he may deem fit. Thereupon every member shall be deemed to have received the notice.
(4)The District Magistrate shall arrange with the District Judge for a stipendiary Civil Judicial Officer to preside at the meeting convened under this section, and no other person shall preside thereat. If within half an hour from the time appointed for the meeting, the judicial officer is not present to preside at the meeting, the meeting shall stand adjourned to the date and the time to be appointed and notified to the members by that officer under sub-section (5).
(5)If the Judicial Officer is unable to preside at the meeting he may, after recording his reasons, adjourn the meeting to such other date and time as he may appoint, but not later than fifteen days from the date appointed for the meeting under sub-section (3). He shall without delay communicate in writing to the District Magistrate the adjournment of the meeting. It shall not be necessary to send notice of the date and the time of the adjourned meeting to the members individually, but the District Magistrate shall give notice of the date and the time of the adjourned meeting by publication in the manner provided in subsection (3).
(6)Save as provided in sub-sections (4) and (5) a meeting convened for the purpose of considering a motion under this section, shall not for any reason be adjourned.
(7)As soon as the meeting convened under this section has commenced, the Judicial Officer shall read to the Board the motion for the consideration of which it has been convened and declare it to be open for discussion.
(8)No discussion on any motion under this section shall be adjourned.
(9)Such discussion shall automatically terminate on the expiry of three hours from the time appointed for the commencement of the meeting unless it is concluded earlier. Upon the conclusion of the debate or upon the expiry of the said period of three hours, as the case may be, the motion shall be put to the vote of the Board.
(10)The Judicial Officer shall not speak on the merits of the motion, nor shall he be entitled to vote thereon.
(11)A copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon shall on the termination of the meeting be forwarded forthwith by the Judicial Officer to the District Magistrate for submission to the State Government and to the Chairman.
(12)The motion shall be deemed to have carried only when it has been passed by a majority of more than half of the total number of members of the Board.
(13)Nothing done by any member of the Board, the District Magistrate, the Judicial Officer, or the State Government in pursuance of the provisions of this section shall be questioned in any court.