General election and terms of office of Commissioners

General election and terms of office of Commissioners-

1. (1) Except as otherwise provided in this Act, the term of the elected and appointed Commissioner shall be five years from the date of the of the first meeting or newly constituted Board after a general election at which a quorum is present or till the expiry of the period by which the term is extended under sub-section (4), whichever is later. Election shall be held before the expiry of the term but not earlier than three months before such expiry,
2. (2) The State Government shall cause the results of the general election to be published in the Gazette and the date of the Gazette containing the publication shall be deemed to be the date of completion of the general election.
3. (3) The term of five years referred to in sub-section (1) shall be held to include any period which may elapse between the expiry of the said five years and the date of the first meeting of the newly constituted Board at which a quorum is present.
4. (4) The State Government may, by notification, for sufficient cause to be stated therein, direct from time to time, that the term of office of the Commissioner be extended by such period not exceeding one year at a time, as may be specified in the notification, provided that the total period of such extension shall not exceed to years.
5. (5) If the term of the office of the Commissioner of a Board expires and for any reason the election as provided in sub-section (1) cannot be held, the Board shall be deemed to have been dissolved under Section 298 with effect from the date of expiry of the term of the Commissioners and thereafter the provisions of Section 299 shall apply to the Board and the Government shall nominate the Commissioners accordingly in conformity with Section 11
6. (2) and 11(3), provided that the term of such nominated Commissioners under this sub-section shall not exceed more than one year at a time but may be re-nominated for a like term. The Government may de-notify any or all the Commissioners nominated at any time without giving any reason thereof. Note:
   • (i) In Section 26 in sub-section (2) the words “State Government” was inserted by the Meghalaya Municipal (Amendment) Act 2000 (Act No. 6 of 2000), published in the Gazette of Meghalaya dated 4th April, 2000.
   • (ii) In Sub-Section (1) and Sub-Section (3) of Section 26, the word “five” was substituted by the Meghalaya Municipal (Amendment) Act 2010 (Act No. 1 of 2011), published in the Gazette of Meghalaya dated 4th January 2011.
   • (iii) Sub-Section (5) of Section 26 was substituted by the Meghalaya Municipal (Amendment) Act 2010 (Act No. 1 of 2011), published in the Gazette of Meghalaya dated 4th January 2011. NOTES ASSAM (AMENDMENT) The sub-section (1) was submitted vide Assam Act No II of 1966, published in the Assam Gazette, dated 10-1-1966, to come into force on such date as the State Government may by notification in the official gazette, appoint The sub-section (5) was inserted by Assam Act No XXIZ of 1966, published in the Assam Gazette dated 24-11-1966.