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The Paurashava Ordinance, 1977 (Ordinance)

( Ordinance NO. XXVI OF 1977 )

Chapter I

CONSTITUTION AND COMPOSITION OF PAURASHAVAS

Removal of Chairman and commissioners
13. (1) A Chairman or 1[a Commissioner] shall render himself liable to removal from his office if-
 
 
 
 
(a) he, without reasonable excuse, absents himself from three consecutive meetings of the Paurashava;
 
 
 
 
(b) he is convicted for any offence relating to corruption, criminal misconduct or prejudicial or anti-state activity;
 
 
 
 
(c) he refuses to perform or becomes disabled from performing his functions; or
 
 
 
 
(d) he is guilty of misconduct or is responsible for any loss or misapplication of money or property of the Paurashava.
 
 
 
 
Explanation.- In this sub-section, “misconduct” means misuse of power, corruption, jobbery, favouritism, nepotism and wilful maladministration and includes any attempt at, or abetment of, such misconduct.
 
 
(2) A Chairman or 2[a Commissioner] shall not be removed from his office on any ground mentioned in clauses (a) and (b) of sub-section (1) unless the Prescribed Authority declares, 3[* * *] by an order, that he is liable to be so removed:
 
 
 
 
Provided that no such declaration shall be made unless the Chairman or commissioner concerned has been given a reasonable opportunity of showing cause against the declaration proposed to be made with respect to him.
 
 
 
 
(3) A Chairman or 4[a Commissioner] shall not be removed from his office on any ground mentioned in clauses (c) and (d) of sub-section (1) unless, at a special meeting of the Paurashava called for the purpose in the prescribed manner, a resolution to the effect that he is liable to be so removed is passed by the votes of not less than two-thirds of the 5[total number of 6[ Commissioners]] of the Paurashava and unless the resolution is approved by the Prescribed Authority:
 
 
 
 
Provided that no such resolution shall be passed unless the Chairman or commissioner concerned has been given a reasonable opportunity of showing cause against the resolution proposed to be passed with respect to him.
 
 
 
 
(4) A Chairman or 7[a Commissioner] shall stand removed from his office as soon as a declaration under sub-section (2) is made or a resolution passed under sub-section (3) is approved by the Prescribed Authority.
 
 
8[* * *]
 
 
 
 
(5) [Omitted by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992).]
 
 
 
 
(6) Notwithstanding anything contained in any other provisions of this Ordinance, a person who has been removed from any office under this section shall not, during the unexpired period of the term of the Paurashava concerned, be eligible for election 9[* * * ] to that Paurashava.

  • 1
    The words “a Commissioner” were substituted for the words “an elected Commissioner” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 2
    The words “a Commissioner” were substituted for the words “an elected Commissioner” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 3
    The words and comma “with prior approval of the Government,” were omitted by section 5 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)
  • 4
    The words “a Commissioner” were substituted for the words “an elected Commissioner” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 5
    The words “total number of elected commissioners” were substituted for the words “total number of commissioners” by section 5 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)
  • 6
    The word “Commissioners” was substituted for the words “elected Commissioners” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 7
    The words “a Commissioner” were substituted for the words “an elected Commissioner” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 8
    The Explanation was omitted by section 5 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)
  • 9
    The words “or nomination” were omitted by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
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