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Section 35

The Deori Autonomous Council (Amendment) Act, 2005State Act of Assam · Act 25 of 2005

(1) The President or the Vice President or both of a Village Council may be removed from office by a resolution carried by a majority of the total number of the elected members at a special meeting of the Village Council called for the purpose upon requisition made in writing by not less than one third of the members of the Village Council.

(2) The Government, after giving an opportunity to an elected member of the Village Council to show cause against the action proposed to be taken against him and after giving a reasonable opportunity of being heard, may by order, remove him from the office, if he

(a) after his election, is convicted by a criminal court of an offence involving moral turpitude punishable with imprisonment for any period exceeding six months ; or

(b) incurs any of the disqualification’s mentioned, in section 54 after his election as member of the Village Council; or

(c) is absent from three consecutive meetings of the Village Council.

(3) Any members of the Village Council who is removed from the office under sub-section (2) above may, within thirty days from the date of the order, appeal to such judicial Authority as the Government may prescribe and the authority so prescribed after admitting an appeal may, after complying with the normal and fundamental principles of judicial proceedings, pass such order or orders either confirming or modifying or setting aside the order appealed against and pending the final disposal of the appeal, may pass such other interlocutory order or orders including stay of operation of the order appealed against.

(4) The order passed by the Judicial authority referred to in sub-section ( 3) above, on such appeal shall be final.

36. Any vacancy in the office of the President or Vice president, by reason of death, resignation, removal or otherwise, shall be filled up within one month from the date of occurrence thereof, from amongst the elected members of the Village Council in the same manner as has been provided in section 32 for the election of the President or the Vice President, as the case may be.

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 161!

Salaries, allowances and other emoluments.

Powers, functions and duties of the President and Vice President.

Meeting of the Village Council.

Oath or affirmation.

Quorum.

Office of the Village Council.

Where this provision sits

ActThe Deori Autonomous Council (Amendment) Act, 2005
Section35
JurisdictionState of Assam
StatusIn force as published by the source

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