(1) The State Government may,
subject to the provisions of sub-sections (3) and (4), remove a
member of a Municipality on any of the following grounds,
namely:&
(a) that he has absented himself for more than three
consecutive general meetings, without leave of
the Municipality :
Provided that the period during which
such member was in jail as an under trial prisoner or as a detenue or as a political prisoner shall not
be taken into account,
(b) that he has failed to comply with the provisions
of section 37,
(c) that after his election he has incurred any of the
disqualification mentioned in section 14 or
section 24 or has ceased to fulfill the
requirements of section 21,
(d) that he has&
(i) deliberately neglected or avoided
performance of his duties as a member, or
(ii) been guilty of misconduct in the discharge
of his duties, or
(iii) been guilty of any disgraceful conduct, or
(iv) become incapable of performing his duties
as a member, or
(v) been disqualified for being chosen as
member under the provisions of this Act, or
(vi) otherwise abused in any manner his position
as such member :
Provided that an order of removal shall be passed by the
State Government after such inquiry as it considers necessary to
make either itself or through such existing or retired officer not
below the rank of State level services or authority as it may direct
and after the member concerned has been afforded an opportunity
of explanation.
(2) The power conferred by sub-section (1) may be
exercised by the State Government of its own motion or upon the
receipt of a report from the Municipality in that behalf or upon the
facts otherwise coming to the knowledge of the State Government :Provided that, until a member is removed from office by an
order of the State Government under this section, he shall not
vacate his office and shall, subject to the provisions contained in
sub-section (6), continue to act as, and exercise all the powers and
perform all the duties of, a member and shall as such be entitled to
all the rights and be subject to all the liabilities, of a member under
this Act.
(3) Notwithstanding anything contained in sub-section (1)
where it is proposed to remove a member on any of the grounds
specified in clause (c) or clause (d) of sub-section (1), as a result of
the inquiry referred to in the proviso to that sub-section and after
hearing the explanation of the member concerned, the State
Government shall draw up a statement setting out distinctly the
charge against the member and shall send the same for enquiry and
findings by Judicial Officer of the rank of a District Judge to be
appointed by the State Government for the purpose.
(4) The Judicial Officer so appointed shall proceed to
inquire into the charge, hear the member concerned, if he makes
appearance, record his findings on each matter embodied in the
statement as well as on every other matter he considers relevant to
the charge and send the record along with such findings to the
State Government, which shall thereupon either order for reinquiry, for reasons to be recorded in writing, or pass final order.
(5) While hearing an inquiry under sub-section (4), the
Judicial Officer shall observe such rules of procedure as may be
prescribed by the State Government and shall have the same
powers as are vested in a civil court under the Code of Civil
Procedure, 1908 (Central Act No. 5 of 1908) while trying a suit in
respect of the following matters, namely:&
(a) summoning and enforcing the attendance of any
person and examining him on oath;(b) requiring the discovery and production of any
such document or any other material as may be
predicable in evidence;
(c) requisitioning any public record; and
(d) any other matter which may be prescribed.
(6) Notwithstanding the foregoing provisions of this
section, the State Government may place under suspension a
member against whom proceedings have been commenced under
this section until the conclusion of the inquiry and the passing of
the final order and the member so suspended shall not be entitled
to take part in any proceedings of the Municipality or otherwise
perform the duties of a member thereof.
(7) Every final order of the State Government passed under
this section shall be published in the Official Gazette and shall be
final and no such order shall be liable to be called in question in
any court
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