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State of Assam - Section

Section 43 in Assam Panchayat Act, 1994

43. No confidence motion against the President and the Vice-President of Anchalik Panchayat.

(1)Every President and Vice-President of the Anchalik Panchayat shall be deemed to have vacated his office forthwith if by a resolution express want of confidence in him is passed by a majority of two-third of total number of the members of the Anchalik Panchayat. Such a meeting shall be specially convened with the approval of the President of the Anchalik Panchayat. Such meeting shall be presided over by the President if the motion is against Vice-President and the Vice-President if the motion is against the President. In case such a meeting is not convened in the Anchalik Panchayat within a period of fifteen days from the date of receipt of the notice, the Secretary of the Anchalik Panchayat shall refer the matter to the President of the Zilla Parishad with intimation to the Deputy Commissioner. The President of the Zilla Parishad shall then arrange for convening the meeting within fifteen days from the date of receipt of intimation.
(2)In case the Zilla Parishad is not convening the meeting within fifteen days time and disposed the matter accordingly, the concerned Deputy Commissioner may refer the matter to the Government and Government shall in that case take appropriate action.
(3)The requisition for such a special meeting shall be signed by not less than one-third of the total members of Anchalik Panchayat and shall be delivered to the President of the Zilla Parishad with intimation to the Deputy Commissioner. The President of the Zilla Parishad shall within seven days from the date of receipt of the requisition, convene a special meeting of the Anchalik Panchayat. The meeting shall be held on a date not later than fifteen days from the date of issue of the notice of the meeting.
(4)In the event of removal either of the President or the Vice-President of the Anchalik Panchayat, the Anchalik Panchayat shall elect, from amongst the members in the same manner as under sub-section (2) of Section-37 a President or a Vice-President as the case may be:Provided that such member shall not be eligible for re-election as President or Vice-President during the remaining term of office as member of the Anchalik Panchayat.
(5)Every President or Vice-President of the Anchalik Panchayat shall after an opportunity is afforded for hearing him, be removable from his office as President or Vice-President by the Zilla Parishad with the approval of the Government for misconduct in the discharge of office duties, for being persistently remiss in the discharge of his duties and a President or a Vice-President so removed shall remain in the office of the member.
(6)A President or a Vice-President removed from his office under sub-section (5) may also be removed by the Government from membership of the Anchalik Pancahayat.