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[Section Index]

The Local Government (Union Parishads) Ordinance, 1983

( Ordinance NO. LI OF 1983 )

Removal of Chairman, etc.
 
 
12. 1[(1) A Chairman or member shall render himself liable to removal from his office if -
 
 
 
 
(a) he, without reasonable excuse, absents himself from three consecutive meetings of the Union Parishad;
 
 
 
 
(b) he is involved in any activities prejudicial to the interest of the Union Parishad or of the State;
 
 
(c) he becomes physically or mentally incapacitated 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 Union Parishad.
 
 
 
 
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[* * *] member shall not be removed from his office-
 
 
 
 
(a) on any ground mentioned in clause (a) or (b) of sub-section (1), unless after such enquiry as may be considered necessary, the Government declares, by an order in writing, that he is liable to be so removed; or
 
 
 
 
(b) on any ground mentioned in clause (c) or (d) of that sub-section, unless, at a special meeting of the Union Parishad 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 3[nine members] of the Union Parishad and unless the resolution is approved by the Government:
 
 
 
 
Provided that no declaration under clause (a) nor a resolution under clause (b) shall be made or passed unless the Chairman or the member concerned has been given a reasonable opportunity of showing cause against the declaration or resolution proposed to be made or passed with respect to him.
 
 
 
 
(2A) A Chairman or 4[* * *] member shall be deemed to have been removed from his office on the date on which the
 
 
declaration under clause (a) of sub-section (2) of the approval of the Government under clause (b) of that sub-section is received by the Union Parishad.]
 
 
 
 
(3) A Chairman shall stand removed from his office if, at a special meeting of the Union Parishad called for the purpose in the prescribed manner, a motion of no-confidence is passed against him by the votes of not less than seven elected members and the motion is approved by the Government.
 
 
 
 
5[* * *]
 
 
 
 
(5) Notwithstanding anything contained in any other provision 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 Union Parishad, be eligible for election 6[* * *] to that Union Parishad.

  • 1
    Sub-sections (1), (2) and (2A) were substituted for former sub-sections (1) and (2) by section 5 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990)
  • 2
    The words “an elected” were omitted by section 7 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)
  • 3
    The words “nine members” were substituted for the words “seven elected members” by section 7 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)
  • 4
    The words “an elected” were omitted by section 7 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)
  • 5
    Sub-section (4) was omitted by section 7 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)
  • 6
    The words “or nomination” were omitted by section 7 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)
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