(1) Speaker or any Councillor may resign his office by tendering his resignation in writing to the Mayor who shall forward the same to the Divisional Commissioner and if the Speaker or such Councillor, as the case may be, desire he may also send a copy of his resignation directly to the Divisional Commissioner.
(12) On receipt of the resignation under sub-section (1), the Divisional Commissioner shall-
(i) if satisfied about its genuineness, accept the resignation and notify the fact of such resignation and the occurrence of casual vacancy by reason of such resignation in the Gazette;
(ii) if n ot satisfied about its genuineness, not accept the resignation for reasons to be recorded in writing.
(3) If it appears to be Divisional Commissioner that any Councillor having become liable for removal under Section 19 has tendered his resignation to escape such removal, then notwithstanding anything contained in this section, the Divisional Commissioner may order his removal in accordance, with the provisions of the said section and thereupon the Councillor shall be deemed to have been removed from the date he resigned his office.
23.A. No-Confidence motion against Speaker.-
(1) A motion of no confidence may be moved against the Speaker by any elected Councillor at a meeting specially convened for the purpose under sub-section (2) and if the motion, is carried by a majority of two thirds of the elected Councillors present and voting in the meeting and if such majority is more than half of the total member of elected Councillors constituting the Corporation, the office of the Speaker, shall be deemed to have fallen vacant forthwith.
Provided that no such resolution shall lie against the Speaker within a period of-
(i) two years from the date on which the Speaker enters upon his office,
(ii) one year from the date on which the previous motion of no-confidence was rejected.
(2) For the purpose of sub-section (1) a meeting of the Corporation shall be convened and presided over by the Collector in the following manner, namely.-
(i) The meeting shall be convened forthwith on a requisition signed by not less than one third of the total number of elected Councillors constituting the Corporation for the time being,
(ii) the notice of such a meeting specifying the date, time and place shall be dispatched to the Mayor and every Councillor ten clear days before the meeting.
(iii) the no-confidence motion moved under this section shall be decided through secret ballot.
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24. Recalling of Mayor-
(1) Every Mayor of a Corporation shall forthwith be deemed to have vacated his office if he is recalled through a secret ballot by a majority of more than half of the total number of voters of the corporation area casting the vote in accordance with the procedure as may be prescribed:
Provided that no such process of recall shall be initiated unless a proposal is signed by not less than three-fourth of the total number of the elected Councillors and presented to the Divisional Commissioner:
Provided further that no such process shall be initiated:
(i) within a period of two years from the date on which such Mayor is elected and enters his office;
(ii) If half of the period of tenure of the Mayor elected in a bye-election has not expired.
Provided also that process for recall of the Mayor shall be initiated once in his whole term.
(2) The Divisional Commissioner, after satisfying himself and verifying that the three-fourth of the Councillors specified in sub-section (1) have signed the proposal of recall, shall send the proposal to the State Government and the State Government shall made a reference to the State Election Commission.
(3) On receipt of the reference, the State Election Commission shall arrange for voting on the proposal of recall in such manner as may be prescribed.
25. Powers and functions of Mayor-
(1) The Mayor shall,-
(a) have administrative control over the officers and servants of his office including the office of the Mayor-in-Council and Appeal Committee;
(b) exercise such powers and perform such functions as described in the Actor the Rules made there under.
(2) The Mayor or in his absence such member of the Mayor-in-Council, as may be appointed by the Mayor in case of epidemic, natural or unforeseen calamity may direct the execution or stoppage of any work or any act, the immediate execution or stoppage of which is necessary for the purpose of this Act:
Provided that,-
(a) he shall not act under this sub-section in contravention of any order of the State Government or Corporation or Mayor-in-Council prohibiting the execution or stoppage of any particular work or act; and
(b) he shall report the action taken under this sub-section and the reasons therefore, to the Corporation at its next meeting and if the Corporation does not confirm the action of the Mayor or such member of the Mayor-in-Council, as may be appointed by the Mayor as the case may be, the matter shall be referred to the State Government and the decision of the State Government thereon shall be final, but the State Government before passing any order, which may affect any person a reasonable opportunity of being heard shall be given to such person.
25-A. Duties of the Councillors.- Subject to the provisions of the Act, every Councillor shall have the following duties:-
(i) to be present and take part in the meetings of the Corporation and on requirement give vote in his discrection in favour or against, on the matters included in the agenda.
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(ii) to draw the attention of the Commissioner or the head of the departments concerned, towards any loss to the Corporation property or any short comings in any scheme or service or any work being executed by the Corporation.
25-B. Honorarium and Allowances to Mayor, Speaker and Councillors.- The Mayor, Speaker and the Councillors shall be entitled to receive such honorarium or allowances or both, as the State Government may prescribe.
26. Procedure in case of non-payment of Municipal dues by Councillors and office bearers of Corporation-
(1) Within fifteen days from the expiration of each calendar quarter, the Commissioner shall-
(a) draw up a list of all councilors (which term for the purpose of this section shall include the Mayor and Speaker, who have failed to pay any tax due by them to the Corporation within six months from the date on which such tax became due;
(b) issue to every person on the said list a notice of demand requiring him to pay the arrears within three months from the date of service of such notice; and
(c) submit a copy of the list to the Government.
(2) If on receipt of the notice referred to in sub-section (1) the Councillor fails to pay within three months, the arrears of any tax specified in notice, he shall subject to the provision of subsection (3) of Section 17 cease to be a Councillor and his office shall be vacant; and he shall be disqualified for further election or nomination to such office until the arrears due by him are paid and the certificate to that effect is granted to him.
(3) The Government may make rules under this Act providing for all matters connected with the administration of this Section.
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CHAPTER III- CONDUCT OF BUSINESS Transaction of Business by the Corporation