Resignation of Chairperson or Vice-Chairperson :- (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.

1. (2) An elected Chairperson may resign his office by writing, under his hand addressed to the Municipality.
2. (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.
3. (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.
4. (5) A resignation tendered under this section may, at any time before its acceptance, be withdrawn by the person tendering the same by writing.] 7[53 Removal of Chairperson or Vice-Chairperson :— (1) If at any time during the term of office of a Chairperson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 S[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. ]
5. (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. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002. 20.04.1990, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002 (€ THE ORISSA MUNICIPAL MANUAL
6. (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.] '[54. Vote of no-confidence against Chairperson or Vice-Chairperson :—
7. (1) Where at a meeting of the Municipality specially convened by the District Magistrate in that behalf a resolution is passed, supported by not less than two-thirds of the total number of Councillors recording want of confidence in the Chairperson or Vice- Chairperson the resolution along with the records of the proceedings at such meetings shall forthwith be forwarded to the State Government who shall publish the same in the Gazette and with effect from the date of passing of the resolution the person holding the office of Chairperson or Vice-Chairperson, as the case may be, shall be deemed to have vacated such office. In the event of both Chairperson and Vice-Chairperson vacating office the District Magistrate or his nominee shall discharge the responsibilities of the Chairperson till a new Chairperson is elected. [Provided that no such resolution recording want of confidence in the Chairperson or the Vice-Chairperson—
   • (i) shall be passed within two years from the date of his election or nomination, as the case may be: and
   • (ii) shall be moved more than once during a calender year.]
8. (2) In convening a meeting under sub-section (1) and in the conduct of business at such meeting the procedure shall be in accordance with the rules, made under this act, subject however to the following provisions, namely—
   • (a) no such meeting shall be convened except on a requisition signed by at least one-third of the total number of Councillors along with a copy of the resolution proposed to be moved at the meeting;
   • (b) the requisition shall be addressed to the District Magistrate.
   • (c) the District Magistrate shall, within ten days of receipt of such requisition, fix the date, hour and place of such meeting and give notice of the same to all the Councillors holding office on the date of such notice along, with a copy of the requisition and of the proposed resolution, at least three clear days before the date so fixed:
   • (d) the District Magistrate or if he is unable to attend, any Gazetted Officer above the rank to which the Executive Officer of the Municipality belongs who is specially authorised by him in that behalf shall preside over, conduct and regulate the proceedings of the meeting; No. 566, dt. 26.04.2002 THE ORISSA MUNICIPAL ACT, 1950 31 ))
   • (e) the voting at all such meetings shall be by secret ballot;
   • (f) no such meeting shall stand adjourned to a subsequent date and no item of business other than the resolution for recording want of confidence in the Chairperson or Vice-Caparison as the case may be, shall be taken up for consideration at the meeting;
   • (g) if the number of Councillors present at the meeting is less than two-thirds of the total number of Councillors the resolution shall stand annulled.
   • (h) ifthe resolution is passed at the meeting supported by the requisite number of Councillors as specified in sub-section (1) the Presiding Officer shall immediately forward the same in original along with the records of the proceedings to the State Government who shall forthwith publish the resolution in accordance with the provisions of sub-section (1):and
     • (i) Where any Gazetted Officer presides at the meeting he shall, without prejudice to the provisions of clause (h) also send a copy of the resolution along with a copy of the proceedings to the District Magistrate for information and such action as may be necessary.] '[55. Appointment during leave vacancy :~ If the Chairperson or the Vice- Chairperson avails himself of leave under Section 51, the State Government shall fill up the vacancy by appointing a person who is otherwise eligible to hold the office and the person so appointed shall hold the office during the period of leave.

¹ Inserted by the Orissa Act 23 of 1992, we.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.

⁵ Omitted ‘Status of appointed Chairpersn or Vice-Chairperson’ by the Orissa Act 5 of 1990, w.e.f.

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,

¹ Substituted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968.

² Substituted by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary,