Section 11: Speaker and Deputy Speaker Election and Removal
11.Speaker and deputy speaker of district council
(1)A district council shall have a speaker and a deputy speaker elected by the council from among members of the council.
(2)The speaker and the deputy speaker shall be elected through a secret ballot.
(3)At the elections of a speaker or deputy speaker, no person shall be declared elected speaker or deputy speaker unless that person gets more than fifty percent of the votes of all members of the council cast in his or her favour.
(4)If no person gets more than fifty percent of the votes cast, the elections shall be repeated between the two persons getting the highest votes until one of them gets more than fifty percent of the votes.
(5)If during the election of a speaker or deputy speaker only one person is nominated, that person shall be declared elected speaker or deputy speaker.
(6)The speaker or deputy speaker may be removed from office by the council by a resolution supported by not less than two-thirds of the members of the council on any of the following grounds—
(a)abuse of office;
(b)incompetence;
(c)misconduct or misbehaviour;
(d)such physical or mental incapacity as would render the speaker or deputy speaker incapable of performing the duties of speaker or deputy speaker; or
(e)failure without reasonable excuse to call two consecutive meetings of the council.
(7)For purposes of removing the speaker, a notice in writing signed by at least one-third of all members of the council, shall be submitted to the chairperson stating their grounds and that they intend to pass a resolution to remove the speaker.
(8)Where a notice is submitted to the chairperson under subsection (7) no person shall withdraw his or her signature from the notice.
(9)A notice made under subsection (7) shall be submitted to the Minister or his or her representative by the clerk to council and the Minister, or his or her representative shall evaluate the notice for removal of the speaker, and if satisfied that there are sufficient grounds for doing so, shall, within thirty days after receipt of the notice, convene or cause the convening of a meeting for the removal of a speaker and the election of a new speaker.
(10)The office of speaker or deputy speaker shall fall vacant if the holder resigns the office or accepts appointment to a public office or dies.
(11)A chief magistrate shall preside at the first election of the speaker following general elections of district local councils.
(12)The speaker shall preside at the removal of a deputy speaker and the election of a new deputy speaker.
(13)The speaker shall—
(a)preside at all meetings of the council;
(b)be charged with the overall authority for the preservation of order in the council and the enforcement of the rules of procedure of the council; and
(c)perform functions which are similar to those of the Speaker of Parliament as may be consistent with this Act.
(14)Except for the taking of oath of the members of the council, no business shall be transacted in the council before the election of a speaker at any time that office is vacant.
(15)A speaker shall be on full time service of the district council.
(16)A speaker of a district council shall be paid emoluments and allowances in accordance with Schedule 3 to this Act, and shall not hold any office of profit or emolument likely to compromise his or her office.
(17)A deputy speaker of a district council shall be paid emoluments and allowances in accordance with Schedule 3 to this Act.
Plain English Summary
You have the right to have a speaker and deputy speaker elected from among council members by secret ballot. A candidate must get more than 50% of vot...
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