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Section 38: Effect of subsequent disabilities

Madhya Pradesh Municipalities Act, 1961State Act of Madhya Pradesh · Act 37 of 1961

(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) 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.

39. Omitted

Where this provision sits

ActMadhya Pradesh Municipalities Act, 1961
Section38
Marginal noteEffect of subsequent disabilities
JurisdictionState of Madhya Pradesh
StatusIn force as published by the source
Judgments citing it1

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