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State of West Bengal - Section

Section 12 in The Howrah Improvement Act, 1956

12. Removal of Chairman or Trustees.

(1)If at any time it appears to the State Government that the Chairman has been guilty of any misconduct or neglect in the discharge of his duties or has shown himself to be otherwise unsuitable for the office, which renders his removal expedient, it may, after giving him an opportunity of showing cause against the proposed action, declare, by notification, that he shall cease to hold office as the Chairman.
(2)The State Government may, by notification, declare that any Trustee shall cease to be a Trustee if -
(a)he has acted in contravention of section 20, or
(b)he has been absent from, or is unable to attend, the meetings of the Board for any period exceeding six consecutive months, or
(c)he has, without the permission of the Board, been absent from the meetings of the Board for any period exceeding three consecutive months, or
(d)he is a salaried servant of the Government, and if his continuance in officer as a Trustee is in the opinion of the State Government undesirable, or
(e)in the opinion of the State Government he has become incapable of acting as a Trustee or has so abused his position as a Trustee as to render his continuance as such detrimental to the public interest:
Provided that when the State Government proposes to take action under this sub-section, an opportunity of showing cause against the proposed action shall be given to the Trustee concerned, and when such action is taken, the reasons therefor shall be placed on record.
(3)The State Government shall, by notification, declare that a Trustee shall cease to be a Trustee -
(i)if he incurs any of the disqualifications mentioned in section 5 after his appointment [* * *] [Omitted 'or election, as the case may be' by Act No. 12 of 2012, dated 21.8.2012.], as a Trustee; or
[* * * * *] [[Clause (ii) omitted by W.B. Act 15 of 1995 which was as under :-'(ii) If he was elected or appointed as being a Commissioner of the Howrah Municipality or of the Bally Municipality or a member representing the Chambers of Commerce referred to In section 4 and If he Is, at the date of such notification, no longer a Commissioner of the Howrah Municipality or of the Bally Municipality or a member of any of the said Chambers of Commerce, as the case may be.']]