Removal of Chairman and commissioners
13. (1) A Chairman or [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 [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, [* * *] 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 [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 [total number of [ 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 [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.
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(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 [* * * ] to that Paurashava.