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State of Karnataka - Section

Section 44 in Karnataka Agricultural Produce Marketing Act 1966

44. Motion of no-confidence.

(1)A motion of no-confidence may be moved by any member against the Chairman or the Vice- Chairman after giving such notice as may be prescribed and such notice shall be supported [by not less than fifty percent] [Substituted by Act 18 of 2010 w.e.f.16.04.2010] of the total number of members of the market committee. If a meeting for consideration of the no confidence motion is not directed by the Chairman to be convened [within fifteen days from the date of the notice the secretary of the market committee shall convene such meeting under the chairmanship of the Tahsildar of the concerned taluk where the office of the market committee is situated] [Substituted by Act 23 of 2007 w.e.f. 16.8.2007].[Provided that a motion of no confidence shall not be moved within a period of [six months] [Inserted by Act 29 of 1987 w.e.f. 10.8.1987] after the failure of a similar motion of no confidence moved earlier.][provided further that a motion of no- confidence shall not be moved within a period of six months from the date of assuming the office of the Chairman or the Vice Chairman as the case may be] [Inserted by Act 18 of 2010 w.e.f.16.04.2010]
(2)[ If the motion against the Chairman or the Vice-Chairman or both is carried by a majority of not less than two-thirds of all the then members of the market committee at a meeting specially convened for the purpose the Chairman or the Vice-Chairman shall forth with vacate the office of the Chairman or the Vice-Chairman as the case may be.] [Substituted by Act 18 of 2010 w.e.f. 16.4.2010]
(3)Notwithstanding anything contained in this Act or the rules the Chairman or the Vice- Chairman shall not preside over a meeting in which a motion of no-confidence is discussed against him but he shall have a right to speak and otherwise to take part in the proceedings of the market committee.[Provided that where a motion of no confidence is moved both against the Chairman and Vice-Chairman the Director of Agricultural Marketing or an officer authorised by him in this behalf shall preside over the meeting.] [Inserted by Act 16 of 1991 w.e.f. 1.8.1991]