Laws Information

法規資訊
Title: Local Government Act
Am Date: 2016-06-22
Legislative History: Article 44 and Article 46 amended and promulgated by Presidential Order Hua-Tsung-I-Yi Tzu No. 10500063141 dated June 22, 2016.

Transaction

Amended

Article 44
The councils of the special municipality and county/city councils shall have a speaker and a deputy speaker and the township/city councils shall have a chairperson and vice chairperson, who shall be elected or recalled by open ballot by the councilors of the special municipality, county/city councilors, and township/city representatives. However, those who are in office for less than on year shall not be recalled.
The speaker and chairperson shall represent their respective councils in external affairs and administer the internal affairs of the councils.

Article 46
Recall of the speaker and deputy speaker of the council of the special municipality and county/city council, as well as that of the chairperson and vice chairperson of township/city council, shall be carried out in accordance with the following provisions:
1. The motion for recall shall contain full explanation on the grounds for recall, and shall be signed by not less than one-third the total number of councilors or representatives. The motion shall be prepared in original and duplicate copies, which shall be separately submitted to the Executive Yuan, Ministry of the Interior, and the county government.
2. The Executive Yuan, Ministry of the Interior, and county government shall, within seven (7) days upon receipt of the aforementioned motion, forward duplicate copies to the relevant councils for forwarding, within five (5) days, to the officer to be recalled. In the event of rebuttal, the officer to be recalled shall, within seven (7) days upon receipt of the motion, submit a written rebuttal to the Executive Yuan, Ministry of the Interior, and county government, which shall in turn photocopy the motion for recall and the written rebuttal for forwarding to the councilors and representatives. The motion for recall may be photocopied and forwarded separately after the said period.
3. The Executive Yuan, Ministry of the Interior, and county government shall, within twenty-five (25) days upon receipt of the motion for recall, convene a meeting to vote on the recall, where the councilors and representatives in attendance shall vote on the recall through open ballot.
4. Review for the motion for recall shall be attended by not less than half the total number of councilors and representatives, and the recall shall become effective only when approved by not less than two-thirds of those in attendance.
5. If the motion for recall is denied, no further motion for recall shall be filed within the term of office of the officer to be recalled.
When recalling the speaker or the chairperson, the deputy speaker or the deputy chairperson shall chair the vote on the recall stipulated in subparagraph 3 of the preceding paragraph. When recalling the deputy speaker or the deputy chairperson, the speaker or the chairperson shall act as chair. When recalling the speaker, deputy speaker, chairperson, and deputy chairperson all at once, the councilors and representatives in attendance shall nominate a person from among themselves to act as chair.
Prior to submission to the council, the motion for recall stipulated in paragraph 1 may be rescinded upon approval of the not less than two-thirds the number of the original signees.
After submission to the council, the motion for recall shall be rescinded only upon approval by all signees and after the chair has obtained no objections from all councilors and representatives in attendance.