(1) A nominated Chairperson or Vice-Chairperson of a Municipality may resign his office by writing under his hand addressed to the State Government and, on such resignation being accepted, shall be deemed to have vacated his office.
(2) An elected Chairperson may resign his office by writing, under his hand addressed to the Municipality.
(3) An elected Vice-Chairperson may resign his office by writing under his hand addressed to the Chairperson of the Municipality who shall forthwith lay the letter of resignation before the Municipality.
(4) On a resignation under sub-section (2) or (3) being accepted by the Municipality, the Chairperson or, as the case may be, the Vice-Chairperson shall be deemed to have vacated his office.
(5) A resignation tendered under this section may, at any time before its acceptance, be withdrawn by the person tendering the same by writing.]
7[53 Removal of Chairperson or Vice-Chairperson :– (1) If at any time during the term of office of a Chairperson or a Vice-chairperson it comes to the notice of the State Government that such Chairperson or Vice-chairperson wilfully omits or refuses to carry out, or disobeys the provision of this Act or any rules, bye-laws, regulations or lawful orders issued thereunder, they may cause an enquiry to be made by the Director 8[or the District Magistrate or by an officer not below the rank of a Deputy Secretary of the State Government, as the Government may, by notification direct.]
(2) On receipt of the report from the enquiring officer the State Government shall give an opportunity to the concerned Chair-person or Vice-Chairperson to submit his explanation within a period of three weeks through the enquiring officer.
1. Inserted by the Orissa Act 23 of 1992, w.e.f. 27.04.1992.
2. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
3. Substituted by the Orissa Act 5 of 1990, w.e.f. 20.04.1990.
4. Omitted 'Failure of election of Chairperson of Vice-Chairperson' by the Orissa Act 6 of 2002, w.e.f.
26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002.
5. Omitted 'Status of appointed Chairpersn or Vice-Chairperson' by the Orissa Act 5 of 1990, w.e.f.
20.04.1990.
6. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
7. Substituted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968.
8. Substituted 'or by an officer not bellow the rank of a District Magistrate' by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002.
30 THE ORISSA MUNICIPAL MANUAL
(3) The State Government, after considering the report and the explanation together with the comments, if any, of the enquiring officer, and on being satisfied that the Chairperson or the Vice-Chairperson has failed to discharge the duties of his office or has acted illegally or in contravention of any of the provisions of this Act or any rules, regulations or bye-laws, shall by notification issued, as far as practicable within six weeks from the date of receipt of the explanation, remove the Chairperson or, as the case may be, the Vice-Chairperson.]