CONSTITUTION AND GOVERNMENT OF MUNICIPALITIES

Removal of President

§48

Summary

48. (1) 1[ * * * * ] 2[(2) Where the State Government has, at any time, reason to believe that - (a) there has been a failure on the part of the President in performing his duties, or (b) the President has- (i) incurred any of the disqualifications mentioned in sections 12-D and 43-AA ; or (ii) within the meaning of section 82 knowingly acquired or continued to have, directly or indirectly, or by a partner, any share or interest, whether pecuniary or of any other nature, in any contract or employment with, by or on behalf of the Municipality ; or (iii) knowingly acted as a President or as a member in a matter other than a matter referred to in clauses (a) to (g) of sub-section (2) of section 82, in which he has, directly or indirectly, or by a partner, any share or interest, whether pecuniary or of any other nature, or in which he was professionally interested on behalf of a client, principal or other person ; or (iv) being a legal practitioner acted or appeared in any suit or other proceeding on behalf of any person against the board or against the State Government in respect of nazul land entrusted to the management of the board, 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 ; or (v) abandoned his ordinary place of residence in the municipal area concerned ; or (vi) been guilty of misconduct in the discharge of his duties ; or 3[(vii) during the current or the last preceding term of the Municipality, acting, as President or Vice-President, or as Chairman of a Committee, or as member, or in any other capacity whatsoever, 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 fund or property of the Municipality, as to render him unfit to continue to be President; or (viii) been guilty of any other misconduct whether committed before or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976, whether as President or as Vice-President exercising the powers of President, or as Vice-President or as member.] it may call upon him to show cause within the time to be specified in the notice why he should not be removed from office. 4[(ix) caused loss or damage to any property of the Municipality; or (x) misappropriated or misused the Municipal fund ; or (xi) acted against the interest of the Municipality ; or (xii) contravened the provisions of this Act or the rules made thereunder ; or (xiii) created an obstacle in a meeting of the Municipality in such manner that it becomes impossible for the Municipality to conduct its business in the meeting or instigated someone to do so ; or (xiv) willfully contravened any order or direction of the State Government given under this Act ; or (xv) misbehaved without any lawful justification with the officers or employees of the Municipality ; or (xvi) disposed of any property belonging to the Municipality at a price less than its market value ; or (xvii) encroached, or assisted or instigated any other person to encroach upon the land, building or any other immovable property of the Municipality ; ] 5[Provided that where the State Government has reason to believe that the allegations do not appear to be groundless and the President is prima facie guilty on any of the grounds of this sub-section resulting in the issuance of the show cause notice and proceedings under this sub-section he shall, from the date of issuance of the show cause notice containing charges, cease to exercise, perform and discharged the financial and administrative powers, functions and duties of the President until he is exonerated of the charges mentioned in the show cause notice issued to him under this sub-section and finalization of the proceedings under sub-section (2-A) and the said power function and duties of the President during the period of such ceasing, shall be exercised, performed and discharged by the District magistrate or an officer nominated by him not below the rank of Deputy Collector ; ] (2-A) 6[ * * * * ] 6[ * * * * ] 7[(2-B) An order passed by the State Government under subsection (2-A) shall be final and shall not be questioned in any court ; and ] (3) 8[ * * * * ] 9[(4) A President removed under sub-section (2-A) shall also case to be a member of the board and in case of removal on any of the grounds mentioned in clause (a) or sub-clause (vi), (vii) or (viii) of clause (b) of sub-section (2), shall not be eligible for re-election as President or member for a period of five years from the date of his removal. ]

48. (1) 1[ * * * * ] 2[(2) Where the State Government has, at any time, reason to believe that - (a) there has been a failure on the part of the President in performing his duties, or (b) the President has- (i) incurred any of the disqualifications mentioned in sections 12-D and 43-AA ; or (ii) within the meaning of section 82 knowingly acquired or continued to have, directly or indirectly, or by a partner, any share or interest, whether pecuniary or of any other nature, in any contract or employment with, by or on behalf of the Municipality ; or (iii) knowingly acted as a President or as a member in a matter other than a matter referred to in clauses (a) to (g) of sub-section (2) of section 82, in which he has, directly or indirectly, or by a partner, any share or interest, whether pecuniary or of any other nature, or in which he was professionally interested on behalf of a client, principal or other person ; or (iv) being a legal practitioner acted or appeared in any suit or other proceeding on behalf of any person against the board or against the State Government in respect of nazul land entrusted to the management of the board, 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 ; or (v) abandoned his ordinary place of residence in the municipal area concerned ; or (vi) been guilty of misconduct in the discharge of his duties ; or 3[(vii) during the current or the last preceding term of the Municipality, acting, as President or Vice-President, or as Chairman of a Committee, or as member, or in any other capacity whatsoever, 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 fund or property of the Municipality, as to render him unfit to continue to be President; or (viii) been guilty of any other misconduct whether committed before or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976, whether as President or as Vice-President exercising the powers of President, or as Vice-President or as member.] it may call upon him to show cause within the time to be specified in the notice why he should not be removed from office. 4[(ix) caused loss or damage to any property of the Municipality; or (x) misappropriated or misused the Municipal fund ; or (xi) acted against the interest of the Municipality ; or (xii) contravened the provisions of this Act or the rules made thereunder ; or (xiii) created an obstacle in a meeting of the Municipality in such manner that it becomes impossible for the Municipality to conduct its business in the meeting or instigated someone to do so ; or (xiv) willfully contravened any order or direction of the State Government given under this Act ; or (xv) misbehaved without any lawful justification with the officers or employees of the Municipality ; or (xvi) disposed of any property belonging to the Municipality at a price less than its market value ; or (xvii) encroached, or assisted or instigated any other person to encroach upon the land, building or any other immovable property of the Municipality ; ] 5[Provided that where the State Government has reason to believe that the allegations do not appear to be groundless and the President is prima facie guilty on any of the grounds of this sub-section resulting in the issuance of the show cause notice and proceedings under this sub-section he shall, from the date of issuance of the show cause notice containing charges, cease to exercise, perform and discharged the financial and administrative powers, functions and duties of the President until he is exonerated of the charges mentioned in the show cause notice issued to him under this sub-section and finalization of the proceedings under sub-section (2-A) and the said power function and duties of the President during the period of such ceasing, shall be exercised, performed and discharged by the District magistrate or an officer nominated by him not below the rank of Deputy Collector ; ] (2-A) 6[ * * * * ] 6[ * * * * ] 7[(2-B) An order passed by the State Government under subsection (2-A) shall be final and shall not be questioned in any court ; and ] (3) 8[ * * * * ] 9[(4) A President removed under sub-section (2-A) shall also case to be a member of the board and in case of removal on any of the grounds mentioned in clause (a) or sub-clause (vi), (vii) or (viii) of clause (b) of sub-section (2), shall not be eligible for re-election as President or member for a period of five years from the date of his removal. ]

← Previous Section Next Section →

Explore this Chapter