Removal of members

1[175. Removal of members, – (1) The Government 2[or an authority authorized by the Government in this behalf]2 if it thinks fit on the recommendation of zilla panchayat, may remove any member after giving him opportunity of being heard and after such enquiry as deems necessary, – (i) if he has been guilty of misconduct in the discharg e of duties or of any disgraceful conduct; (ii) become incapable of performing duties as a member or persistently remiss in performing duties; (a) on being medically unfit to hold the post as may be certified by the district surgeon; 130 (b) as a result of insol vency or of unsound mind, (iii) has failed to attend four consecutive meetings of the panchayat and in the case or an Adhyaksha or Upadhyaksha, failed to convene two consecutive meetings which were either due or were necessary; or 2[Provided that where an appl ication is made by a member to the Zilla Panchayat for leave of absence to himself and Zilla Panchayat fails to inform the applicant of its decision on the application within a period of seven days from the date of the application, the leave applied for sh all be deemed to have been granted by the Zilla Panchayat.]2 (iv) if the member, by coercion or fraud entice any voter or member of Gram Panchayat or Taluk Panchayat or Zilla Panchayat as the case may be, to trade the post of member or Adhyaksha or Upadhyaksha Gram Panchayat or Taluk Panchayat or Zilla Panchayat as the case may be during election for a consideration; (v) in the execution of any work of the panchayat, contractual or otherwise found involved directly with any person who is a nearest relative in the f amily or otherwise associated in any transaction related to such work as a partner, employee or a member on the Committee of such organisation, or otherwise. [if a former Adhyaksha or Upadhyaksha or member of Zilla Panchayat has been accused and proved gu ilty for misconduct or misappropriation in an enquiry. ] 2[(vi) if a former Adhyaksha or Upadhyaksha or member of Zilla Panchayat has been accused and proved guilty for misconduct or misappropriation in an enquiry. ]2 Explanation: For the purpose of this sec tion, nearest relative in the family means, - (a) the wife or husband of a person residing with her or him; (b) son or daughter or step -son or step -daughter; (c) any other person related, whether by blood or marriage who is wholly dependent on such p erson; (2) An Adhyaksha or Upadhyaksha or member so removed shall cease to function in office and shall be disqualified under section 12, 124 and 167 of the Act, for a period of five years ]1 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016.