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State of Tamilnadu - Section

Section 207 in Tamil Nadu Panchayats Act, 1994

207. Removal of Chairman of Panchayat Union Council.

(1)If the Government, -
(a)of their own motion, or
(b)on a representation in writing signed by not less than two-thirds of the strength of the Panchayat Union Council containing a statement of charges against the Chairman of the Panchayat Union Council and presented in person to any officer appointed by the Government in this behalf by any two of the members of the Panchayat Union Council,
are satisfied that the Chairman willfully omits or refuses to carry out or disobeys the provisions of this Act, or any rules, bye-laws, regulations or lawful orders issued thereunder or abuses the powers vested in him, the Government shall, by notice in writing, require the Chairman to offer within a specified date, his explanation with respect to his acts of omission or commission mentioned in the notice.
(2)If the explanation is received within the specified date and the Government consider that the explanation is satisfactory, the Government may drop further action with respect to the notice. If no explanation is received within the specified date or if the explanation received is, in their opinion not satisfactory, the Government shall forward to the Revenue Divisional Officer of the division concerned, a copy of the notice referred to in sub-section (1), and the explanation of the Chairman with a proposal for the removal of the Chairman from office for ascertaining the views of the Panchayat Union Council.
(3)The Revenue Divisional Officer shall, then, convene a meeting for the consideration of the notice and the explanation, if any, and the proposal for the removal of the Chairman at the office of the Panchayat Union Council at a time appointed by the Revenue Divisional Officer.
(4)A copy of the notice of the meeting shall be caused to be delivered to the concerned Chairman and to all the members of the Panchayat Union Council by the Revenue Divisional Officer at least seven days before the date of the meeting.
(5)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 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 (6).
(6)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 be not later than thirty days from the date appointed for the meeting under sub-section (3). Notice of not less than seven clear days shall be given to the members of the time appointed for the adjourned meeting.
(7)Save as provided in sub-sections (5) and (6), a meeting convened for the purpose of considering the notice and the explanation, if any, and the proposal for the removal of the Chairman under this section shall not, for any reason, be adjourned.
(8)As soon as the meeting convened under this section is commenced, the Revenue Divisional Officer shall read to the Panchayat Union Council the notice of the Government and the explanation, if any, of the Chairman [and the proposal for the removal of the Chairman] [Inserted by Tamil Nadu Panchayats (Amendment) Act, 1999 (Tamil Nadu Act 2 of 1999).] for the consideration of which it has been convened.
(9)There shall be no debate in any meeting under this section.
(10)The Revenue Divisional Officer shall not speak on the merits of the notice or explanation nor shall he be entitled to vote at the meeting.
(11)The views of the Panchayat Union Council shall be duly recorded in the minutes of the meeting and a copy of the minutes shall forthwith, on the termination of the meeting, be forwarded by the Revenue Divisional Officer to the Government.
(12)The Government may, after considering the views of the Panchayat Union Council in this regard in their discretion either remove the Chairman from office by notification with effect from a date to be specified therein or drop further action.
(13)[ Any person in respect of whom a notification has been issued under sub-section (12) removing him from the office of Chairman shall be ineligible for election as Chairman and for holding any of those offices until the expiry of three years from the date specified in the notification.] [Sub-section (13) was substituted by Tamil Nadu Panchayats (Amendment) Act, 2007 (Tamil Nadu Act 16 of 2007) w.e.f. 8th June 2007.]