(1) The State Government may, by notification 2[remove any member of a committee other than an associate member] :
(a) if he refuses to act, or becomes, in the opinion of the State Government, incapable of acting, or has been declared a bankrupt or an insolvent 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 State Government, a defect of character which unfits him 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 State Government a defect of character which unfits him to be a member;
(c) if he has 3[without reasonable cause in the opinion of the State Government absented himself for more than three consecutive months from the meetings of the committee.
(d) if his continuance in office is, in the opinion of the State Government, dangerous to the public peace or order;
(e) if, in the opinion of the State Government he has flagrantly abused his po- 24 The Punjab Municipal Act, 1911, Section 15
1. Substituted for the old section by Punjab Act 3 of 1933, section 6.
2. Substituted by Punjab Act 10 of 1972, section 8.
3. Vide Punjab Act 2 of 1923.
sition as a member of the committee or has through negligence or misconduct been responsible for the loss, or misapplication of any money or property of the committee:]1 2(f) if he has, since his election or co-option, become subject to any disqualification which, if it had existed at the time of his election or co-option, would have rendered him ineligible under any rule; for the time being in force regulating the qualification of candidates for election, or if it appears that he was at the time of his election or co- option, subject to any such disqualification:]
3[(g) if, being a legal practitioner, he acts or appears in any legal proceeding on behalf of any person againt the committee, or on behalf of or against the Government where in the opinion of the State Government such action or appearance is contrary to the interests of the committee.
4[Provided that before the State Government notifies the removal of a member under the section, the reasons for his proposed removal shall be communicated to the member concerned and he shall be given an opportunity of tendering an explanation in writing].
5[(2) A person removed under this section 6[.... ...] or whose election or appointment has been deemed to be invalid under the provisions of sub-section (2) of section 24, or whose election has been declared void for corrupt practices or intimidation under the provisions of section 255, or whose election the State Government 7[or the Deputy Commissioner] has under section 24 refused to notify, shall be disqualified for election for a period not exceeding five years:
Provided that a person whose election or appointment has been deemed to be invalid under the provisions of sub-section (2) of section 24, shall not be disqualified for election or appointment for a period exceeding two years from the date of disqualification.8[(3) A person, whose seat has been vacated under the provisions of section 14(2) may be disqualified for election for a period not exceeding five years.]
Section 17
17. Filing of casual vacancies of Members. 9 (1) Whenever a vacancy occurs by death, resignation, removal or otherwise of a member, the same shall be filled up by way of election :
Provided that if the vacancy so occurred relates to the Scheduled Castes Backward Classes or to women it shall be filled up out of the persons belonging to the category to which it relates.
(2) A person elected to fill up a casual vacancy shall be elected for the remainder of his successors’ term of office :
Provided that where the remainder of the period for which a member is to be The Punjab Municipal Act, 1911, Section 17 25
1. See Punjab Act 3 of 1933.
2. Clause (f) substituted by Punjab Act 10 of 1972.
3. See Punjab Act 3 of 1933.
4. Substituted by Punjab Act 3 of 1933, Section 7(iv)
5. Substituted by Punjab Act 2 of 1933, section 7(2)
6. The words "or whose seat has been vacated under the provisions of section 14(e)" were omitted by Punjab Act 3 of 1935, section 2 (i)
7. Inserted by Punjab Act 34 of 1953
8. See Punjab Act 3 of 1935.
9. Substituted by Act 11 of 1994.
elected, is less than six months, it shall not be necessary to hold any election to fill up such a vacancy.
Section 18