Section 15 in The U.P. Kshettra Panchayats And Zila Panchayats Adhiniyam, 1961
15. Motion of non-confidence in Pramukh [x x x]. [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).]
(1)A motion expressing want of confidence in the Pramukh or any [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] of a Kshettra Panchayat may be made and proceeded with in accordance with the procedure laid down in the following sub-sections.(2)[A written notice] [Notwithstanding anything contained in the principal Act the provisions of this Act shall also have effect and shall be deemed always to have effect in a case, where the notice referred to in sub-section (2) of Section 15 or sub-section (2) of Section 28 of the principal Act has been delivered before the commencement of this Act and a meeting has been convened in pursuance thereof on a date after such commencement as if the provisions of this Act were in force at all material times.] of intention to make the motion in such form as may be prescribed, signed by at least half of the total number of [elected members of the Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] for the time being together with a copy of the proposed motion, shall be delivered in person, by any one of the members signing the notice, to the Collector having jurisdiction over the Kshettra Panchayat.(3)The Collector shall thereupon :-(i)convene a meeting of the Kshettra Panchayat for the consideration of the motion at the office of the Kshettra Panchayat on a date appointed by him, which shall not be later than thirty days from the date on which the notice under sub-section (2) was delivered to him; and(ii)give to the [elected member of the Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] notice of not less than fifteen days of such meeting in such manner as may be prescribed.Explanation. - In computing the period of thirty days specified in this sub-section, the period during which a stay order, if any, issued by a Competent Court on a petition filed against the motion made under this section is in force plus such further time as may be required in the issue of fresh notices of the meeting to the members, shall be excluded.(4)The sub-divisional officer of the sub-division in which the Kshettra Panchayat exercises jurisdiction shall preside at such meeting :Provided that if the Kshettra Panchayat exercises jurisdiction in more than one sub-division of the sub-divisional officer cannot for any reason preside, any stipendiary additional or assistant Collector named by the Collector shall preside at the meeting.(4A)[ If within an hour from the time appointed for the meeting such officer is not present to preside at the meeting, the meeting shall stand adjourned to the date and time to be appointed by him under sub-section (4B).(4B)If the Officer mentioned in sub-section (4) 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 25 days from the date appointed for the meeting under sub-section (3). He shall without delay inform the Collector in writing of the adjournment of the meeting. The Collector shall give to the members at least ten days' notice of the next meeting in the manner prescribed under sub-section 3.] [Inserted by Section 5(i) of U.P. Act No. 16 of 1965.](5)[Save as provided in sub-sections (4-A) and (4-B), a meeting] [Substituted by Section 5(ii) of U.P. Act No. 16 of 1965.] convened for the purpose of considering a motion under this section, shall not be adjourned.(6)As soon as the meeting convened under this section commences, the Presiding Officer shall read to the Kshettra Panchayat the motion for 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 from the time appointed for the commencement of the meeting, if it is not concluded earlier. On the conclusion of the debate or on the expiration of the said period of two hours, whichever is earlier, the motion shall be put to vote [which shall be held in the prescribed manner by secret ballot] [Substituted by Section 5(iii) of U.P. Act No. 16 of 1965](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 be forwarded forthwith on the termination of the meeting by the Presiding Officer to the State Government and to the Zila Panchayat having jurisdiction.(11)If the motion is carried with the support of [more than half] [Substituted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] of the total number of [elected members of the Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] for the time being -(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 Kshettra Panchayat and also by notifying the same in the Gazette; and(b)the Pramukh or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).], as the case may be, shall cease to hold office as such and vacate the same on and from the date next following that on which the said notice is fixed on the notice board of the office of the Kshettra Panchayat.(12)If the motion is not carried as aforesaid or if the meeting could not be held for want of quorum, no notice of any subsequent motion expressing want of confidence in the same Pramukh or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] shall be received until after the expiration of [one year] [Substituted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] from the date of such meeting.(13)No notice of a motion under this section shall be received within [two years] [Substituted by U.P. Act No. 20 of 1998 (w.e.f. 05.05.1998)] of the assumption of office by a Pramukh or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).], as the case may be.[16. Removal of Pramukh [x x x]. [Substituted by U.P. Act No. 9 of 1994.]. - (1) If in the opinion of the State Government the Pramukh or any [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] of a Kshettra Panchayat wilfully omits or refuses to perform his duties and functions under this Act, or abuses the powers vested in him or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties, the State Government may, after giving the Pramukh or such [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] as the case may be, a reasonable opportunity for explanation and after consulting the Adhyaksha of the Zila Panchayat concerned in the matter and taking into consideration his opinion, if received within thirty days from the date of the despatch of the communication for such consultation, by order, remove such Pramukh or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).], as the case may be, from office, and such order shall be final and not open to be questioned in a Court of law :Provided that where, in an enquiry held by such person and in such manner as may be prescribed, a Pramukh or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] is prima facie found to have committed financial and other irregularities, such Pramukh or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f 20.08.2007).] shall cease to exercise and perform the financial and administrative powers and functions, which shall, until he is exonerated of the charges in the final enquiry, be exercised and performed by a committee consisting of three elected members of the Kshettra Panchayat appointed in this behalf by the State Government.(2)A Pramukh or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).], removed from his office under this section, shall not be eligible for re-election as Pramukh or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] for a period of three years from the date of his removal]Zila Panchayat
