Effect of subsequent disabilities

Effect of subsequent disabilities.--

1. (1) If any Councillor or President--
   • (a) becomes disqualified under sub-section (1) of Section 31 and his name is struck off from the electoral roll under sub-section (1-A) of that section; or
   • (b) becomes subject to any of the disqualifications specified in Section 35 and such disqualification is not removable or being removable is not removed; or
   • (c) absent himself during six consecutive months from the meetings of the Council, expect with the leave of the Council; or
   • (cc) becomes disqualified for being chosen as and for being a President or Councillor under Section 32-C.
   • (d) becomes incapable of acting; or
   • (e) acts as Councillors or President in any matter--
     • (i) in which he has directly or indirectly, by himself or his partner, any share or interest, as is described in clause (i) of Section 35; or
     • (ii) in which he is professionally interested on behalf of a client, principal or other person; or
   • (ee) Omitted.
   • (f) fails to pay any arrears of any kind due by him to the Council on a demand made therefor under Section 53, within the period specified therein. he shall, subject to the provisions of sub-section (2), cease to be a Councillors or President and his seat shall become vacant with effect from a date to be notified by the State Government except failing under clause (ee) and clause (r) of section 35;
2. (2) No Councillor shall cease to be a Councillor under sub-section (1) until the prescribed authority on its own motion or on application made to it any person in this behalf, decides that such a Councillors has incurred the disqualification on any of the grounds specified therein and communicates the decision in relation thereto to such Councillors: Provided that no order shall be passed by the prescribed authority under this sub-section against any Councillors without giving him a reasonable opportunity of being heard.