(1) If any member of a school board, during the term for which he has been elected, appointed or nominated— 38[(a) absents himself from the meetings during the three successive months or from three consecutive meetings of the school board whichever period is longer, without the 39[*] permission of the Board, or]
(b) becomes subject to any of the disqualifications mentioned in 40[section 5] he shall be disabled from continuing to be a member of such board and his seat shall be deemed to be vacant:
Provided that he shall not be deemed to have incurred any disqualification under clause (f) of section 5 by reason of his having any share or interest in any lease, sale or purchase of any immovable property or in any agreement for the same, if he has obtained the previous sanction of the 5[State] Government to have such share or interest.
(2) If any question, dispute or doubt arises whether a vacancy has occurred under this section, the orders of the 41[State] Government shall be final for the purpose of deciding such question, dispute or doubt.
Disqualification at time of election, etc., discovered subsequently.
Disqualification after becoming member.
The Bombay Primary Education Act, 1947 14 of 43 42[7A. (1) If any person sit or votes as a member of a school board when he knows that he is not qualified or that he is disqualified for membership thereof, he shall upon it being so found by the Collector be liable in respect of each day on which he so sits or votes to a penalty of 50 rupees to be recovered as an arrear of land revenue.
(2) The Collector shall give such person a reasonable opportunity of being heard and shall record his decision, and the reasons therefor, in writing.
(3) Any person found liable to pay a penalty under this section, may within fifteen days of such decision appeal to the State Government and the decision of the State Government shall be final.]
8. A member shall not Vote or take part in a discussion on any matter before a Meeting of school board in which he has directly or indirectly, by himself or his partner, any share or interest such as is described in clause (f) of section 5 or in which he is professionally interested on behalf of a client, principal or other person. The vote so given shall not be counted.
9. The 41[State] Government may on its own motion or on the recommendation supported by a resolution passed by atleast two-thirds of the whole number of members of—
(i) a school board, or
(ii) the district local board or the authorised municipality which elected the members, remove any member elected, appointed or nominated on the school board, if such member has been guilty of misconduct in, the discharge of his duties or of any disgraceful conduct or has become in capable of performing his duties as a member by reason of any physical or mental infirmity:
Provided that no person shall be so removed nor shall any resolution recommending the removal of any member be passed unless the member to whom it relates has been given a reasonable opportunity of showing cause why he should not be so removed or why such recommendation should not be made.
43[9A. If any person, who was a member of a school board and who had resigned his office as such member, has been, after due. inquiry, found guilty of misconduct in the discharge of his duties, or of any disgraceful conduct as a member, the State Government may by an order notified in the Official Gazette declare him notwithstanding the fact that he had resigned his office as such member, to be disqualified for being elected, appointed or nominated a member of any school board from such date and for such period not exceeding five years as may be specified in the order. The State Government may at any time by like order remove the disqualification so incurred by any person. The decision of the State Government under this section shall be final.]