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Section 9

The Missing Autonomous Council Act, 1995State Act of Assam · Act 26 of 1995

(1) The Chief Executive Councillor, the Deputy Chief Executive Councillor or the Executive Councillors or any one of them or all of them 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 General Council called for the purpose upon a requisition made in writing by not less than one third of the members of the General Council.

(2) The Government, after giving an opportunity to an elected member of the General 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 disqualifications mentioned in section 54 after his election as member of the General Councillor, or ( c) is absent from three consecutive meetings of the General Council.

(3) Any member of the General 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 con­ firming or modifying or setting aside the order appealed against and pending the fi­ nal disposal of the appeal may pass such other interlocutory order or orders includ­ ing 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.

Where this provision sits

ActThe Missing Autonomous Council Act, 1995
Section9
JurisdictionState of Assam
StatusIn force as published by the source

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