(1) There shall be a Mayor for every
Municipal Corporation, a President for every Municipal Council
and a Chairman for every Municipal Board, who shall be elected in
the prescribed manner.
(2) There shall be a Deputy Mayor for every Municipal
Corporation, a Vice-President for a Municipal Council and a ViceChairman for every Municipal Board who shall be elected in the
prescribed manner.
(3) The offices of Chairpersons of Municipalities shall be
reserved for the Scheduled Castes, Scheduled Tribes and the
Backward Classes as also for women in such manner as may be
prescribed.
(4) The State Government shall allocate the offices of
Chairpersons reserved under sub-section (3) to different
Municipalities in the State and in allocating such offices regard
shall be had to the following provisions, namely:&
(i) Municipalities in which office is reserved for the
Scheduled Castes or Scheduled Tribes shall be
distributed throughout the State and located as far
as practicable in those areas where the proportion
of their population to the total population is
comparatively large;
(ii) the Municipalities in which office is reserved for
women shall be distributed throughout the State.
(5) The reservation of the office of the Chairpersons for the
members of Scheduled Castes or Scheduled Tribes or the
Backward Classes under this section shall cease to have effect on
the expiration of the period specified in Article 334 of the
Constitution of India.
(6) Every Chairperson or Vice-Chairperson who, for a
period exceeding one month, remains absent from the Municipality
so as to be unable to perform his duties as such Chairperson or
Vice-Chairperson shall cease to be Chairperson or ViceChairperson unless leave so to absent has been granted by the
Municipality.
(7) Leave under sub-section (6) shall not be granted for a
period exceeding six months. Whenever leave is granted to a
Chairperson and the office of the Vice-Chairperson is vacant the
vacancy shall be filled up by election from amongst the members
within such period and in such manner as may be prescribed.
When leave is granted to a Vice-Chairperson or when the ViceChairperson is acting for the Chairperson, the vacancy in the office
of the Vice-Chairperson may be filled up by election of some other
member thereto.
(8) If the Vice-Chairperson of a Municipality is elected as
Chairperson of the Municipality, he shall be deemed to have
vacated his office as Vice-Chairperson.
(9) Every Chairperson and every Vice-Chairperson of a
Municipality shall forthwith be deemed to have vacated his office,
if a resolution expressing want of confidence in him is passed in
accordance with the procedure prescribed.
(10) Every Chairperson and every Vice-Chairperson shall
be removable from his office as such Chairperson and ViceChairperson on any of the grounds specified in clause (d) of subsection (1) of section 39, and the provisions of sub-sections (2) to
(6) of that section shall apply.
(11) The term of office of every Chairperson and every
Vice-Chairperson shall, save as otherwise provided in this Act,
correspond with the term of the Municipality.
(12) A Vice-Chairperson may resign his office by giving
notice in writing to the Chairperson, and a Chairperson may resign
by personally giving a like notice to such officer as may be
appointed or authorized by the State Government in this behalf.
Every such resignation shall take effect on its acceptance or as the
case may be, the expiry of thirty days from the delivery of the
notice to the Chairperson or such officer as the case may be
whichever is earlier.
(13) (i) A vacancy in the office of a Chairperson occurring
otherwise than efflux of time shall be filled within a period of six
months from the occurrence of such vacancy and the person
elected to fill up the vacancy shall hold office for the residue of the
term for which the Chairperson in whose place he is so elected
would have held, if the vacancy had not occurred:
Provided that in case of unavoidable circumstances
the State Government may extend the date of such election up-to
maximum period of three months beyond the aforesaid period.
(ii) A vacancy in the office of a Vice-Chairperson
occurring otherwise than by efflux of time shall be filled in
accordance with the provisions of the foregoing sub-sections and
the person elected to fill up the vacancy shall hold office for the
residue of the term for which the Vice-Chairperson in whose place
he is so elected would have held, if the vacancy had not occurred.
(14) The names of the Chairperson and Vice-Chairperson
elected in accordance with the provisions of this section shall be
published, as soon as may be, in the Official Gazette.
(15) The Chairperson of a Municipality may receive out of
the municipal fund such monthly allowances and facilities as may
be prescribed.
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