section 274
Removal of office bearers of municipality.
The Jammu and Kashmir Municipal Act, 2000Infrastructure2000331 sections
Statutory text
- (1) The Government or the prescribed authority may after such enquiry as it may deem fit to make at any time, remove an office bearer––
- (a) if he has incurred any disqualification under this Act ; or
- (b) if he has been guilty of misconduct in the discharge of his duties ; or
- (c) if he refuses to act or becomes incapable of acting or is adjudged as insolvent ;
- (d) if he without reasonable cause absents himself from more than three successive consecutive meetings of the municipality or its committees ;
- (e) if his continuance in office is undesirable in the interest of the public : Provided that no person shall be removed unless he has been given an opportunity to show cause why he should not be removed from his office. Explanation.–– For the purposes of this sub-section Misconduct shall include:––
- (a) any action which adversely affects:
- (i) the sovereignty, unity and integrity of India ; or
- (ii) the harmony and the spirit of common brotherhood amongst all the people of 1[Union territory of Jammu and Kashmir] transcending religious, linguistic, regional, caste or sectional diversity ; or
- (iii) the dignity of women ; or
- (b) gross negligence in the discharge of the duties under this Act ; and
- (c) the failure of the President to convene the meeting of the municipality, at regular intervals as specified under this Act.
- (2) A person who has been removed under sub-section (1) shall forthwith cease to be member of other municipality or Standing Committee or District Planning and Development Board or any other committee of which he is a member, such person shall also be disqualified for a period of six years to be elected as office bearer of a municipality under this Act.
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