section 46
Disqualification of Councillor during his term of office.
The Daman and Diu Municipalities Regulation 1994Infrastructure1994314 sections
Statutory text
- (1) A Councillor shall be disqualified to hold off ice as such, if at any time (a) is or becomes subject t-o any of the disqualifications specified in section 16 except the disqualifications specified in clause (j) of sub-section (1) of that sectiorf: (b) as a Councillor or as a me& cobittee of the Council votes in favour of any matter in which he has directly or indirectly by himself or his partner any such share or 1ntre.t as is discribed in clauses (a), (b), (c), (d), and (g) of sub-section (2) of section 16, whatever may be the value of such share or interest or in which he is professionally interested on behalf of a client, principal or other person I or (c) is grofeesionably interested or engaged in any case for or against the council: (d) absents him7self during four successive month from the meetings of the Council except the leave of absence granted by the council by a resolution on his written request for such leave ; and he shall be disabled subject to the provisions of sub-section (3) from continuing to be a Councillor and his office shall become vacant : Provided that - (i) a Councillor shall not be disqualified under clause (c) if he is engaged for the Council without receiving any remuneration therefor or appears and cbunducts his own case in- a court of law or before any authority under this Regulation against the Council irrespective of whether such a Councillor is a legal practitioner by profession or not ; (ii) for the purpose of clause (d), when the Councillor applies for leave, such leave shall be deemed to have been granted unless it ia refused within period of sixty days from the date of his application. (2) When a Councillor, incurs ahy of the disqualification in mub-section (1) it ahall be the duty of the Chief Officer to submit a report to the Collector within one month of his becoming aware of the disqualification through any source whatsoever. (3) In ever;'. case the authority to decide whether a vacancj kas arisen shall be the Director. The Director may give his decirion on receipt of the report of the Chief Officer under Sub-section (2) or on him own motion or on an application made to him b y a voter and such deciaion shall be conununipted to the Councillor concerned,. the Chief officer and the applicant, . if any. Until the Diretor decides that a vacancy has ariaen and such deciaion ia o o v i c s t e d as povided above, the Councillor shall not be deemed to have ceased to hold of fie=. (4) Any pbrwn aggrieved by the decision of the Director may within a period of fifteen days. from the date of receipt of the decision of the Director by him, appeal to the Adainiatrative Tribunal and the orders mssed bv the Adminirtrative T r i b u ~ l nhall be final- : Provided 'that. no order shall be passed under sub-asction (3) by the Director or under sub-section (4) by the Administrative Tribunal in appal, against any Councillor without giving him a reasonable opportunity of being heard. Explanation.- If any elected Councillor were subject to any dirqualification specified in section 16, at the time of his election, and continue. to be so disqualified, the disqualification shall, for the purposes of thia aection, be deemed to have been incurred during the term for which he is elected.
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