212. Motion of no confidence in [Chairman or Vice-Chairman] [Substituted for the words 'Vice-Chairman' by Tamil Nadu Panchayats (Fifth Amendment) Act, 1999.] of Panchayat Union Council.
(1)Subject to the provisions of this section, a motion expressing want of confidence in the [Chairman or Vice-Chairman] [Substituted for the words 'Vice-Chairman' by Tamil Nadu Panchayats (Fifth Amendment) Act, 1999.] of a Panchayat Union Council may be made in accordance with the procedure laid down herein.(2)Written notice of intention to make the motion, signed by members of the Panchayat Union Council not less in number than [three-fifth] [Substituted for the words 'one-half' by Tamil Nadu Panchayats (Amendment) Act, 2008 (Tamil Nadu Act 10 of 2008).] of the sanctioned strength of the Panchayat Union Council, together with a copy of the motion which is proposed to be made and a written statement of the charges against the [Chairman or Vice-Chairman] [Substituted for the words 'Vice-Chairman' by Tamil Nadu Panchayats (Fifth Amendment) Act, 1999 (Tamil Nadu Act 31 of 1999).] shall be delivered in person to the Revenue Divisional Officer of the division by any two of the members of the Panchayat Union Council signing the notice.(3)A copy of the statement of charges along with the motion shall be caused to be delivered to the concerned [Chairman or Vice-Chairman] [Substituted for the words 'Vice-Chairman' by Tamil Nadu Panchayats (Fifth Amendment) Act, 1999 (Tamil Nadu Act 31 of 1999).] by the Revenue Divisional Officer and the [Chairman or Vice-Chairman] [Substituted for the words 'Vice-Chairman' by Tamil Nadu Panchayats (Fifth Amendment) Act, 1999 (Tamil Nadu Act 31 of 1999).] shall be required to give a statement in reply to the charges within a week of the receipt of the motion by the [Chairman or Vice-Chairman.] [Substituted for the words 'Vice-Chairman' by Tamil Nadu Panchayats (Fifth Amendment) Act, 1999 (Tamil Nadu Act 31 of 1999).](4)The Revenue Divisional Officer shall, then, convene a meeting for the consideration of the motion at the office of the Panchayat Union Council at a time appointed by him.(5)The Revenue Divisional Officer shall give to the members notice of not less than fifteen clear days of the meeting and of the time appointed therefor.(6)The Revenue Divisional Officer shall preside at the meeting convened under this section, and no other person shall preside thereat. If within half an hour after the time appointed for the meeting, the Revenue Divisional Officer is not present to preside at the meeting, the meeting shall stand adjourned to a time to be appointed and notified to the members by the Revenue Divisional Officer under sub-section (7).(7)If the Revenue Divisional Officer is unable to preside at the meeting, he may, after recording his reasons in writing, adjourn the meeting to such other time 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 (4). Notice of not less than seven clear days shall be given to the members of the time appointed for the adjourned meeting.(8)Save as otherwise provided in sub-sections (6) and (7), a meeting convened for the purpose of considering a motion under this section shall not, for any reason, be adjourned.(9)As soon as the meeting convened under this section has commenced, the Revenue Divisional Officer shall read to the Panchayat Union Council the motion for the consideration of which it has been convened, the statement of charges and the statement, if any, of the [Chairman or Vice-Chairman] [Substituted for the words 'Vice-Chairman' by Tamil Nadu Panchayats (Fifth Amendment) Act, 1999 (Tamil Nadu Act 31 of 1999).] in reply to the said charges.(10)There shall be no debate on any motion under this section.(11)The Revenue Divisional Officer shall not speak on the merits of the motion, nor shall he be entitled to vote thereon.(12)A copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon shall forthwith, on the termination of the meeting, be forwarded by the Revenue Divisional Officer to the Government.(13)If the motion is carried with the support of not less than [four-fifth] [Substituted for the words 'two-thirds' by Tamil Nadu Panchayats (Amendment) Act, 2008 (Tamil Nadu Act 10 of 2008).] of the sanctioned strength of the Panchayat Union Council, the Government shall, by notification, remove the [Chairman or Vice-Chairman] [Substituted for the words 'Vice-Chairman' by Tamil Nadu Panchayats (Fifth Amendment) Act, 1999 (Tamil Nadu Act 31 of 1999).] of the Panchayat Union Council.(14)If the motion is not carried by such a majority as aforesaid, or if the meeting cannot be held for want of the quorum referred to in sub-section (13), no notice of any subsequent motion expressing want of confidence in the same [Chairman or Vice-Chairman] [Substituted for the words 'Vice-Chairman' by Tamil Nadu Panchayats (Fifth Amendment) Act, 1999 (Tamil Nadu Act 31 of 1999).] shall be received until after the expiry of [one year] [Substituted for the words 'six months' by Tamil Nadu Panchayats (Fifth Amendment) Act, 1999 (Tamil Nadu Act 31 of 1999).] from the date of the meeting.(15)[ No notice of a motion under this section shall be received, -(i)within one year of the assumption of office by; or(ii)during the last year of the term of office of, Chairman or Vice-Chairman.]
