section 21
Resignation
The Daman and Diu Panchayat Regulation, 2012Infrastructure2012102 sections8 chapters
Chapter M THE
Statutory text
- (1) Any member of the Gram Panchayat may resign his office by giving notice in of office. U t th t ff t h Motion of no confidence.
wnngoa eec
to t e Sarpanch under intimation to inc Chief Executive Officer and such resignation shall take effect from the date of its acceptance by the Sarpanch.
- (2) The Upa-Sarpanch may resign his office by giving notice in writing to the Sarpanch under intimation to the Chief Executive Officer and such resignation shall take effect from the date of its acceptance by the Sarpanch.
- (3) The Sarpanch may resign his office by giving notice in writing to the Chief Executive Officer and such resignation shall take effect from the date of its acceptance by the Secretary Panchayat.
- (4) Where the office of the Sarpanch or Upa- Sarpanch falls vacant , the members of the Grain Panchayat may elect any person from amongst themselves by a simple majority to act as Sarpanch or Upa - Sarpanch, as the case may be , pending the election for such offices. 22. (1) A motion of no confidence may be moved against Sarpanch or Upa - Sarpanch by not less than one third of the total members of the Gram Panchayat after giving notice thereofto the Sarpanch under intimation to the Chief Executive Officer: Provided that no such notice shall be given before six months of assumption of office by the Sarpanch or the Upa - Sarpanch. EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012.
- (2) A special meeting of the Gram Panchavat shall be convened within a period of fifteen days from the date on which the motion of no confidence has been moved to deliberate on, and decide the no confidence motion.
- (3) If the motion of no confidence is carried by a majority of the total number of members of Gram Panchayat , then, the Gram Panchayat shall recommend to the Gram Sabha the removal of the Sarpanch or the Upa-Sarpanch , as the case may be, from his office.
- (4) On receipt of recommendation under sub -section ( 3), a meeting of the Gram Sabha shall be convened with a quorum of not less than one third of the total membership of the Gram Sabha and the recommendation shall be approved by majority of members present and voting.
- (S) Upon the approval of the recommendation under sub -section ( 4), the Sarpanch shall cease to hold office after a period of three days from the date on which the recommendation is approved unless he has resigned earlier.
- (6) If the recommendation of the Gram Panchayat is not approved by the Gram Sabha under sub-section ( 4) or there is no quorum in the special meeting of the Gram Sabha, no fresh motion of no confidence shall be moved against the Sarpanch in the Gram Panchayat within a period of six months from the date on which the recommendation fails to acquire approval of the Gram Sabha or the date on which the recommendation could not be considered for lack ofquorum.
- (7) Notwithstanding anything contained in this Regulation , the Sarpanch or Upa- Sarpanch , for the removal of whom the motion of no confidence or recommendation under sub-section ( 3) is under consideration , shall not preside over a meeting of Gram Panchayat under sub-section ( 2) and Gram Sabha under sub-section ( 4) but he shall have a right to speak or otherwise take part in the proceedings of such meetings. 23. (1) The Secretary Panchayat may, after giving due notice to the Panchayat and Removal after such inquiry as he thinks fit, remove from office any member ( including the Sarpanch or from office. Upa-Sarpanch ) of a Gram Panchayat who has been guilty of misconduct or neglect of duty or persistent remissness in the discharge of duties and the member so removed shall not be eligible for re - election during the remainder of the term of Panchayat.
- (2) Any person who has been removed from his office by the authority referred to in sub-section ( 1) may, within thirty days from the date of the order, prefer an appeal to the Administrator who may , after giving the appellant an opportunity ofbeing heard, modify, set aside or confirm the order of removal.
- (3) The order of removal so passed by the authority referred to in sub - section (1), shall not take effect before the period, during which an appeal may be preferred under sub - section (2), has expired. ( 4) An order passed by the Administrator on appeal shall be final.
- (5) Where an appeal has been filed under sub - section ( 2), the Administrator may stay the operation of the order of the authority referred to in sub - section (1) till the appeal is disposed of.
Study data processing for this section.
PDF: pending for this language.