HPMC Act 18Chapter 0 · Preliminary

Section 18 · Power of State Government as to removal of members

(1)

The State Government may, in consultation with the State Election Commission and by notification, remove [ [***] [words 'President or Vice-President or' inserted Vide Act No. 12, 2010] ] any member of a municipality, -

(a)

if he refuses to act, or becomes, in the opinion of the State Government, incapable of acting, or has been declared a bankrupt or an insolvent by a competent court or has been convicted of any such offence or subjected by a criminal court to any such order as implies in the opinion of the State Government, a defect of character which renders him unfit to be a member;

(b)

if he has been declared by notification to be disqualified for employment in, or has been dismissed from the public service and the reason for the disqualification or dismissal is such as implies in the opinion of the State Government, a defect of character which renders him unfit to be a member;

(c)

if he has without reasonable cause in the opinion of the State Government absented himself for more than three consecutive months from the meetings of the municipality ;

(d)

if he fails to pay any amount due from him to the municipality within three months of the service of notice making the claim. It shall be the duty of the Executive Officer, to serve such a notice at the earliest possible date after the amount has become due;

(e)

if in the opinion of the State Government he has flagrantly abused his position as a member of the municipality or has through his negligence or misconduct been responsible for the loss, or mis-application of any money or property of the municipality;

(f)

if he has, since his election or nomination, become subject to any disqualification which, if it had existed at the time of his election or nomination, would have rendered him ineligible under any law for the tine being in force for election or nomination, or if it appears that he was, at the time of his election or nomination subject to any such disqualification; and

(g)

if, being a legal practitioner, he acts or appears in any legal proceeding on behalf of any person against the municipality or on behalf of or against the State Government wherein the opinion of the State Government such action or appearance is contrary to the interests of the municipality:

(h)

[ He has without reasonable cause in the opinion of the State Government fails to convene more than three consecutive meetings of the Ward Committee.] [Clause h inserted Vide Act No. 12 of 2010.]

Provided that no removal of a [ [***] [Inserted Vide Act No. 12 of 2010.] ] member shall be notified unless the matter has been enquired into by an officer, not below the rank of an Additional Deputy Commissioner, appointed by the State Government and the member concerned has been given a reasonable opportunity of being heard.

(2)

A person removed under this section or whose election has been declared void, for corrupt practices or intimidation, under the provisions of section 295 shall be disqualified for election for a period not exceeding six years.

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