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Section 37: Motion of No-confidence against Mayor or Deputy Mayor

The Jammu and Kashmir Municipal Corporation Act, 2000Union territory Act of Jammu and Kashmir · Act 21 of 2000

(1) A motion of no confidence against the Mayor or Deputy Mayor may be made in accordance with the procedure laid down in the rules.

(2) Where a notice of intention to move a resolution requiring the Mayor or Deputy Mayor of the Corporation to vacate his office, signed by not less than majority of its total elected Councillors is given and if a motion of no confidence is carried by a resolution passed by a majority of elected Councillors present and voting at its general or special meeting, the quorum of which is [not less than three-fourth] of its total elected members, the Mayor or the Deputy Mayor against whom such resolution is passed shall cease to hold office forthwith.

(3) Notwithstanding anything contained in this Act or the rules made thereunder the Mayor or Deputy Mayor of the Corporation shall not preside over a meeting in which a motion of no confidence is discussed against him. Such meeting shall be presided over by such a person, and convened in such manner, as may be prescribed and the person against whom motion of no confidence is moved, shall have a right to vote and take part in the proceedings of such a meeting.

(4) Motion of no confidence under this section shall not be maintainable within six months of the date of his election to such office and any subsequent motion of no confidence shall not be maintainable within the interval of six months of the last motion of no confidence.

Where this provision sits

ActThe Jammu and Kashmir Municipal Corporation Act, 2000
Section37
Marginal noteMotion of No-confidence against Mayor or Deputy Mayor
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Substituted by S.O. 3808(E) dated 26.10.2020 for “not less than one-half”

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