Logo
Court Book - India Code App - Play Store

advertisement

Section 50

Handing Over Charge.

(1) Whenever- (i) a Chairperson resigns or ceases to be such or is removed from or vacates the office of Chairperson, or is placed under suspension or his election as a member or Chairperson is declared to be void; (ii) a Vice-Chairperson resigns or ceases to be such or is removed from, or vacates the office of Vice-Chairperson or is placed under suspension or his election as a member or Vice-Chairperson is declared to be void; (iii) a member resigns or is removed or placed under suspension or his election is declared to be void; (iv) a Municipality is dissolved or it otherwise becomes defunct, such Chairperson, Vice-Chairperson or member or the Chairperson, Vice-Chairperson and members of such Municipality, as the case may be, shall forthwith hand over charge in the prescribed manner of his or their office including all papers and properties pertaining to such office, in his or their actual possession or occupation- (a) in the case of a Chairperson, to the Vice-Chairperson and if there be no Vice-Chairperson, to such member as the State Government may direct:Provided that charge of office of any Chairperson who was elected to an office reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes, Backward Classes, or for Women, shall be handed over to the ViceChairman if he belongs to the same category and if there be no such Vice-Chairperson as per directions of the State Government, to a member, if any, of the said Castes, Tribes or Classes or a woman member, as the case may be, in the manner as may be prescribed and where there is no such member belonging to said Castes, Tribes, Classes or a woman member to whom charge can be given as aforesaid, the charge shall be handed over in the manner as may be prescribed, to any other member not belonging to the aforesaid categories; (b) in the case of a Vice-Chairperson, to the Chairperson, and if there be no Chairperson, to such member as the State Government may direct; (c) in the case of a member, to a Chairperson, and in his absence, to the Vice-Chairperson; and (d) in the case of a Municipality dissolved or otherwise becoming defunct, to the newly constituted Municipality or, as the case may be, to the officer appointed under section 322: Provided that a member to whom charge has been handed over under clauses (a) and (b) shall hold charge for a period, not exceeding sixty days, or till the taking over of charge by the Chairperson or, the Vice-Chairperson, as the case may be, whichever may be earlier. (2) If any person fails or refuses or is not available to hand over the charge of office as required under sub-section (1), the person who is entitled to take over the charge of office shall assume charge and thereupon he shall be deemed to have taken over the charge of such office in accordance with the provisions of this Act.