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State of Haryana - Section

Section 14 in The Haryana Municipal Act, 1973

14. [Powers of State Government as to removal of president and members.] [Substituted by Haryana Act No. 33 of 2019, dated 4.9.2019.]

(1)The State Government may, by notification, [remove the president or any member] [Substituted 'remove any member' by Haryana Act No. 33 of 2019, dated 4.9.2019.] of a committee -
(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 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 State Government, a defect of a 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 State Government a defect of character which renders him unfit to [be the president or a member] [Substituted 'be a member' by Haryana Act No. 33 of 2019, dated 4.9.2019.];
(c)if he has 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 he fails to pay any amount due from him to the committee within three months of the service of notice making the claim. It shall be the duty of the [Chief] [Substituted by Haryana Act No. 12 of 1979.] 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 State Government he has flagrantly abused his position [as the president or a member] [Substituted 'as a member' by Haryana Act No. 33 of 2019, dated 4.9.2019.] of the committee or has through his negligence or misconduct been responsible for the loss, or misapplication of any money or property of the committee;
(f)if he has, since his election or nomination becomes 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 regulating the qualifications of candidates for election or nomination [***] [Omitted ', or if it appears that he was, at the time of his election or nomination subject to any such disqualification' by Act No. 17 of 2018, dated 19.4.2018];
(g)if, being a legal practitioner, he acts or appears in any legal proceeding on behalf of any person against the committee or on behalf of or against the State Government where in the opinion of the State Government such action or appearance is contrary to the interests of the committee :
[Provided that no removal of the president or a member shall be notified unless the matter has been enquired into by an officer, not below the rank of an Extra Assistant Commissioner, appointed by the State Government and the president or member concerned has been given a reasonable opportunity of being heard or there is a finding by the competent court in this regard.] [Substituted by Haryana Act No. 33 of 2019, dated 4.9.2019.]
(2)A person removed under this section or whose election has been declared void for corrupt practices or intimidation under the provisions of Section 272 [--] [Words 'or whose election the State Government or the Deputy Commissiner has under sub-section (4) of section 24 refused to notify' omitted by Haryana Act No. 12 of 1979.] shall be disqualified for election for a period not exceeding [six] [Substituted for words 'five' by Haryana Act No. 3 of 1994.] years.
(3)[-] [Omitted by Haryana Act No. 12 of 1979.][14A. [Suspension of president and members.] [Inserted vide Haryana Act No. 18 of 1998.] - (1) The Director may, [suspend the president or any member] [Substituted 'suspend any member' by Haryana Act No. 33 of 2019, dated 4.9.2019.] of a committee where -
(a)a case against him in respect of any criminal offence is under investigation, enquiry or trial, if in the opinion of the Director the charge made or proceedings taken against him, are likely to embarrass him in the discharge of his duties or involves moral turpitude or defect of a character;
(b)during the course of an enquiry for any of the reasons for which he can be removed under section 14, after giving him a reasonable opportunity of being heard.
(2)[The president or any member] [Substituted 'Any member' by Haryana Act No. 33 of 2019, dated 4.9.2019.] suspended under sub-section (1) shall not take part in any act or proceedings of the committee during the period of suspension and shall hand over the records, money or any other property of the committee in his possession or under his control -
(i)to president/vice-president, as the case may be;
(ii)in case both the president and vice-president are suspended, to such person as the Director may appoint in this behalf :
Provided that the suspension period of [the president or a member] [Substituted 'a member' by Haryana Act No. 33 of 2019, dated 4.9.2019.] shall not exceed six months from the date of issuance of suspension order except in criminal cases involving moral turpitude.
(3)Any person aggrieved by an order passed under sub-section (1) may, may, within a period of thirty days from the communication of the order, prefer an appeal to the Government.]