HPMC Act 272Chapter XVI · Control

Section 272 · Suspension of office bearers of municipalities

(1)

The prescribed authority may suspend from office any office bearer -

(a)

against whom charges have been framed in any criminal proceeding under Chapters V-A, VI, IX-A, X, XII, sections 302, 303, 304-B, 305, 306, 312 to 318, 336-A, 336-B, 373 to 377 of Chapter XVI, sections, 395 to 398, 408, 409, 458 to 460 of Chapter XVII and Chapter XVIII of the Indian Penal Code, 1860 (45 of 1860) or under any law for the time being in force for prevention of adulteration of food stuff and drugs, suppression of immoral traffic in women and children and protection of civil rights ; or

(b)

who has been served with a notice alongwith a charge sheet to show cause under this Act for his removal from the office.

(2)

Where the inspection or an audit report discloses the misappropriation, mis-utilization or embezzlement of municipal funds by an office bearer of a municipality and the prescribed authority is satisfied that continuance in office of such a person will prejudice the enquiry under section 273 and apprehends tempering with record and witnesses may suspend such a person and in case he is in possession of any record, money or any property of the municipality, order him to hand-over such records, money or property to the Executive Officer/ Secretary of the municipality.

(3)

The order of suspension under sub-section (1) or (2) shall be reported to the State Government within a period of ten days and shall be subject to such orders as the State Government may deem fit to pass. If the order of suspension is not confirmed by the State Government within ninety days from the date of receipt of such report it shall be deemed to have been revoked.

(4)

[ In the event of both the President and Vice-President of a municipality being suspended under sub-section (1) or sub-section (2), the municipality shall nominate one of the elected members of the municipality who is the senior most in age, to hold the office of President or Vice-President as the case may be, and such shall perform all the duties and exercise all the powers of President or Vice-President, as the case may be, during the period for which suspension continues.] [Sub-section (4) substituted vide Act No.12 of 2010]

(5)

A person who has been suspended under sub-section (1) or sub-section (2) shall also forthwith stand suspended from the office of member or office bearer of any other municipality or standing committee or District Planning Committee or any other Committee of which he is a member or office bearer. Such person shall also be disqualified for being elected, under the Act during his suspension.

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