Removal of members

§231

Summary

231. (1) The State Government may remove a member of the 1[Zila Panchayat] on any of the following grounds ; (a) that he has acted as a member of the 1[Zila Panchayat] or member of any Committee by voting or taking part in the discussion of any matter in which he has directly or indirectly, a personal interest or in which he is professionally interested on behalf of a client, principal or other person ; (b) that he has become physically or mentally incapacitated for performing his duties as such member ; (c) that he has been guilty, whether in his present or an earlier term of office within five years, of misconduct in the discharge of his duty as such member or has contravened any of the provisions of this Act or caused loss or damage to the fund or property for the 1[Zila Panchayat] and such misconduct, contravention or causing of loss or damage renders him unfit, in the opinion of the State Government, to continue to be a member ; 2[(cc) That he has taken the benefit of reservation under section 18-A on the basis of a false declaration subscribed by him stating that he is a member of the Scheduled Castes, the Scheduled Tribes or the backward classes, as the case may be ; (ccc) that he suffers from any of the disqualifications referred to in section 26. Provided that no order of removal shall be made by the State Government under this section unless the member concerned has been given a reasonable opportunity of showing cause why such order shall not be made. (2) The removal shall be made by notification in the Gazette and shall become effective from the date of publication of such notification. (3) Notwithstanding anything in any other enactment, where a member specified in 3[clause (a)] of sub-section (1) of section 18 is removed from membership under this section he shall with effect from the date of publication of notification of removal under sub-section (2), cease to hold the office of Pramukh 4[x x x] as the case may be, and a vacancy shall be deemed to have been created in that office. (4) 5[ * * * * ] (5) A person who has been removed from membership of the 1[Zila Panchayat] under clause (a) or clause (c) of sub-section (1) shall be disqualified for being chosen 6[ * * * ] 7[ * * * ] a member of the 1[Zila Panchayat] and being elected a Pramukh of a 1[Kshettra Panchayat] 7[ * * * ] for a period of five years from the date of his removal : Provided that the State Government may, at any time by order, remove the disqualification.

231. (1) The State Government may remove a member of the 1[Zila Panchayat] on any of the following grounds ; (a) that he has acted as a member of the 1[Zila Panchayat] or member of any Committee by voting or taking part in the discussion of any matter in which he has directly or indirectly, a personal interest or in which he is professionally interested on behalf of a client, principal or other person ; (b) that he has become physically or mentally incapacitated for performing his duties as such member ; (c) that he has been guilty, whether in his present or an earlier term of office within five years, of misconduct in the discharge of his duty as such member or has contravened any of the provisions of this Act or caused loss or damage to the fund or property for the 1[Zila Panchayat] and such misconduct, contravention or causing of loss or damage renders him unfit, in the opinion of the State Government, to continue to be a member ; 2[(cc) That he has taken the benefit of reservation under section 18-A on the basis of a false declaration subscribed by him stating that he is a member of the Scheduled Castes, the Scheduled Tribes or the backward classes, as the case may be ; (ccc) that he suffers from any of the disqualifications referred to in section 26. Provided that no order of removal shall be made by the State Government under this section unless the member concerned has been given a reasonable opportunity of showing cause why such order shall not be made. (2) The removal shall be made by notification in the Gazette and shall become effective from the date of publication of such notification. (3) Notwithstanding anything in any other enactment, where a member specified in 3[clause (a)] of sub-section (1) of section 18 is removed from membership under this section he shall with effect from the date of publication of notification of removal under sub-section (2), cease to hold the office of Pramukh 4[x x x] as the case may be, and a vacancy shall be deemed to have been created in that office. (4) 5[ * * * * ] (5) A person who has been removed from membership of the 1[Zila Panchayat] under clause (a) or clause (c) of sub-section (1) shall be disqualified for being chosen 6[ * * * ] 7[ * * * ] a member of the 1[Zila Panchayat] and being elected a Pramukh of a 1[Kshettra Panchayat] 7[ * * * ] for a period of five years from the date of his removal : Provided that the State Government may, at any time by order, remove the disqualification.

← Previous Section Next Section →

Explore this Chapter