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State of Rajasthan - Section

Section 37 in Rajasthan Panchayati Raj Act, 1994

37. Motion of No-confidence in chairpersons and deputy chairpersons.

(1)A motion expressing want to confidence in the chairperson or deputy chairperson of a Panchayati Raj Institution may be in accordance with the procedure laid down in the following sub-sections.
(2)A written notice of intention to make the motion in such form as may be prescribed, signed by not less than one-third of the directly elected members of the Panchayati Raj Institution concerned together with a copy of the proposed motion, shall be delivered in person by any one of the members singing the notice to the competent authority.
(3)The competent authority shall there upon-
(i)forward a copy of the notice, together with a copy of the proposed motion to the Panchayat in the case of a Sarpanch or Up-Sarpanch, to the Panchayat Samiti in the case of a Pradhan or Up-Pradhan and to the Zila Parishad in the case of a Pramukh or Up-Pramukh;
(ii)convene a meeting for the consideration of the motion at the office of the concerned Panchayati Raj Institution on a date appointed by him which shall not be later than thirty days from the date on which the notice under Sub-Section (1) was delivered him; and
(iii)given to the members a notice of not less than [Seven] [Substituted for the word fifteen by Section 31 of the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette Extraordinary Part IV - A dated 3.5.2000 with effect from 6.1.2000.]clear days of such meeting in such mane as may be prescribed.
Explanation.- In computing the period of thirty days specified in this sub-section, the period during which the conventing of a meeting is stayed by a court shall be exclude.
(4)The competent authority shall preside at such meeting:Provided that if, ,[***] [Expression for reasons to be recorded in writing deleted by Section 31 of the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazetted Extraordinary Part IV-A dated 3.5.2000 with effect from 6.1.2000.]he is unable to do so, the officer nominated by him shall so preside.
(5)A meeting convened under sub-section (3) shall not be adjourned.
(6)As soon as the meeting convened under this section commences, the presiding officer shall read to the members present, the motion to the consideration of which the meeting has been convened and declare it to be open for debate.
(7)No debate on the motion under this section shall be adjourned.
(8)Such debate shall automatically terminate on the expiration of two hours form the time appointed for the commencement of the meeting, if if is not concluded earlier. On the conclusion of the debate on the expiration of the said period of two hours, whichever is earlier, the motion shall be put to vote.
(9)The presiding officer shall not speak on the merits of the motion and he shall not be entitled to vote thereon.
(10)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 presiding officer in the case of the Chairpersons or the deputy chairperson. -
(a) Of a Panchayat To the concerned Panchayat and the Panchayat Samity havingjurisdiction on such Panchayat;
(b) Of a Panchyat Samity. To the concerned Panchayat Samity and the Zila Parishad havingjurisdiction on such Panchayat Samity;
(c) Of A Zila Parishad. To the concerned Zila Parishad and the State Government
(11)If the motion is carried with the support of not less than [Three fourth] [Substituted by the Rajasthan Panchayti Raj (Amendment) Act, 2007 with effect from 9.5.2007 - Rajasthan Gazette Extraordinary Part IV-A dated 9.10.2007.] of the elected members of the concerned Panchayati Raj Institution. -
(a)the presiding officer shall cause the fact to be published by affixing a notice thereof on the notice board of the office of the concerned Panchayati Raj Institution and by notifying the same in the Official Gazette; and
(b)the concerned chairperson or the deputy chairperson shall cease to half office as such and vacate to office on or from the date on which the said notice is affixed on the notice board of the office aforesaid.
(12)If the motion is not carried as aforesaid or if the meeting could not be held for want of a quorum, no notice of any subsequent motion expressing want of confidence in the same chairperson or deputy chairperson shall be made until after the expiration of one year from the date of such meeting.
(13)No notice of motion under this section shall be made within two years of the assumption of office by a chairpersons or deputy chairperson.
(14)The quorum to constitute a meeting for the consideration of a no-confidence motion against the chairperson or deputy chairperson shall be one-third of the total number of persons entitled to vote thereat.