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Section 18: Power of Government as to removal of members.

The Jammu and Kashmir Municipal Act, 2000Union territory Act of Jammu and Kashmir · Act 20 of 2000

(1) The Government may, in consultation with the Chief Electoral Officer and by notification, remove any member of a municipality,––

(a) if he refuses to act, or becomes, in the opinion of the Government, incapable of acting, or has been declared a bankrupt or an insolvent by a competent court or has been convicted of any such offence or subjected by a Criminal Court to any such order as implies in the opinion of the Government, a defect of character which renders him unfit to be a member ;

(b) if he has been declared by notification to be disqualified for employment in, or has been dismissed from the public service and the reason for the disqualification or dismissal is such as implies in the opinion of the Government, a defect of character which renders him unfit to be a member ;

(c) if he has without reasonable cause in the opinion of the Government absented himself for more than three consecutive months from the meetings of the municipality ;

(d) if he fails to pay any amount due from him to the municipality within three months of the service of notice making the claim. It shall be the duty of the Executive Officer to serve such a notice at the earliest possible date after the amount has become due ;

(e) if in the opinion of the Government he has flagrantly abused his position as a member of the municipality or has through his negligence or misconduct been responsible for the loss, or misapplication of any money or property of the municipality ;

(f) if he has, since his election or nomination, become subject to any disqualification which, if it had existed at the time of his election or nomination, would have rendered him ineligible under any law for the time being in force for election or nomination, or if it appears that he was, at the time of his election or nomination subject to any such disqualification ; and

(g) if, being a legal practitioner, he acts or appears in any legal proceeding on behalf of any person against the municipality or on behalf of or against the Government where in the opinion of the Government such action or appearance is contrary to the interests of the municipality :

Provided that no removal of a member shall be notified unless the matter has been enquired into by an officer, not below the rank of an Additional Deputy Commissioner, appointed by the Government and the member concerned has been given a reasonable opportunity of being heard.

(2) A person removed under this section or whose election has been declared void, for corrupt practices or intimidation, under the provisions of section 296, shall be disqualified for election for a period not exceeding six years.

Where this provision sits

ActThe Jammu and Kashmir Municipal Act, 2000
Section18
Marginal notePower of Government as to removal of members.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

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