CONSTITUTION AND GOVERNMENT OF MUNICIPALITIES

Removal of members

§40

Summary

1[40. (1) The 2[State Government] 3[ * * * ] may remove a member of the Municipality on any of the following grounds ; (a) that he has absented himself from the meetings of the Municipality for more than three consecutive months or three consecutive meetings whichever is the longer period, without obtaining sanction from the Municipality : Provided that the period during which the member was in jail as an under trial, detenue or as a political prisoner, shall not be taken into account ; (b) that he has incurred any of the disqualifications mentioned in 4[sections 12-D and 13-D ; ] (c) that he has within the meaning of section 82 knowingly acquired or continued to hold, directly or indirectly or by a partner, any 5[share on interest, whether pecuniary or of any other nature] in any contract by, or on behalf of, the Municipality ; (d) that he has knowingly acted as a member in a matter other than a matter referred to in section 82 in which he or a partner, had, directly or indirectly, a 6[personal interest, whether pecuniary or of any other nature] or in which he was professionally interested on behalf of a client, principal or other person ; 7[(e) that he being a legal practitioner has during the term of his membership acted or appeared in any suit or other proceeding on behalf of any person against the Municipality or against the State Government in respect of Nazul land entrusted to the management of the Municipality or acted or appeared for or on behalf of any person against whom a criminal proceeding has been instituted by or on behalf of the Municipality ; ] 7[(f) that he has abandoned his ordinary place of residence in or has voluntarily or otherwise transferred his residence from the municipal area concerned, unless the member himself resigns his seat within three months of such abandonment of transfer ;] 8[(g) that he has been guilty of persistent misbehavior or disorderly conduct at meetings of the board and a complaint to that effect is made to the State Government by the President or any other member ; or ] 9[(h) that he has been guilty of any other misconduct whether as member or as Vice-President or President or as Vice-President exercising the powers of President whether committed before or after the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1976.]; (2) 10[ * * * * ] 11[(3) The State Government may remove from the Municipality a member who, in its opinion, while being a member during the current or the last preceding term of the Municipality acting, as President or a Vice-President, or Chairman of a Committee, or member, or in any other capacity whatsoever, has, whether before or after the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1976, so flagrantly abused his position, or so wilfully contravened any of the provisions of this Act or any rule, regulation or bye-law, or caused such loss or damage to the fund or property of the Municipality as to render him unfit to continue as a member.[ (4) Provided that when either the 12[State Government] or the 13[Prescribed Authority] as the case may be, proposes to take action under the foregoing provisions of this section, an opportunity of explanation shall be given to the member concerned, and when such action is taken, the reasons therefor shall be placed on record. (5) 14[ * * * * ] 15[(6) without prejudice to any of the foregoing powers, the State Government may on any of the grounds referred to in sub-section (1), instead of removing the member give him a warning. ] 16[ * * * * ]

1[40. (1) The 2[State Government] 3[ * * * ] may remove a member of the Municipality on any of the following grounds ; (a) that he has absented himself from the meetings of the Municipality for more than three consecutive months or three consecutive meetings whichever is the longer period, without obtaining sanction from the Municipality : Provided that the period during which the member was in jail as an under trial, detenue or as a political prisoner, shall not be taken into account ; (b) that he has incurred any of the disqualifications mentioned in 4[sections 12-D and 13-D ; ] (c) that he has within the meaning of section 82 knowingly acquired or continued to hold, directly or indirectly or by a partner, any 5[share on interest, whether pecuniary or of any other nature] in any contract by, or on behalf of, the Municipality ; (d) that he has knowingly acted as a member in a matter other than a matter referred to in section 82 in which he or a partner, had, directly or indirectly, a 6[personal interest, whether pecuniary or of any other nature] or in which he was professionally interested on behalf of a client, principal or other person ; 7[(e) that he being a legal practitioner has during the term of his membership acted or appeared in any suit or other proceeding on behalf of any person against the Municipality or against the State Government in respect of Nazul land entrusted to the management of the Municipality or acted or appeared for or on behalf of any person against whom a criminal proceeding has been instituted by or on behalf of the Municipality ; ] 7[(f) that he has abandoned his ordinary place of residence in or has voluntarily or otherwise transferred his residence from the municipal area concerned, unless the member himself resigns his seat within three months of such abandonment of transfer ;] 8[(g) that he has been guilty of persistent misbehavior or disorderly conduct at meetings of the board and a complaint to that effect is made to the State Government by the President or any other member ; or ] 9[(h) that he has been guilty of any other misconduct whether as member or as Vice-President or President or as Vice-President exercising the powers of President whether committed before or after the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1976.]; (2) 10[ * * * * ] 11[(3) The State Government may remove from the Municipality a member who, in its opinion, while being a member during the current or the last preceding term of the Municipality acting, as President or a Vice-President, or Chairman of a Committee, or member, or in any other capacity whatsoever, has, whether before or after the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1976, so flagrantly abused his position, or so wilfully contravened any of the provisions of this Act or any rule, regulation or bye-law, or caused such loss or damage to the fund or property of the Municipality as to render him unfit to continue as a member.[ (4) Provided that when either the 12[State Government] or the 13[Prescribed Authority] as the case may be, proposes to take action under the foregoing provisions of this section, an opportunity of explanation shall be given to the member concerned, and when such action is taken, the reasons therefor shall be placed on record. (5) 14[ * * * * ] 15[(6) without prejudice to any of the foregoing powers, the State Government may on any of the grounds referred to in sub-section (1), instead of removing the member give him a warning. ] 16[ * * * * ]

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