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State of Uttar Pradesh - Section

Section 83 in Uttar Pradesh Municipal Corporation Act, 1959

83. Removal of members.

(1)The State Government may remove a member of the Corporation or of any Committee thereof on any of the following grounds:
(a)that he has acted as a [* * *] [Omitted by U.P. Act 12 of 1977.] Corporator or member of any Committee, as the case may be, by voting or taking part in the discussion of any matter other than a matter referred to in clause (e) of Section 25 in which he has directly or indirectly a personal interest or in which he was professionally interested on behalf of a client, principal or other persons;
(b)that he has become physically or mentally incapacitated for performing his duties as such member;
(c)that he has been guilty of gross misconduct in the discharge of his duty as such member:
Provided that no order of removal shall be made by the State Government under this section unless a [* * *] [Omitted by U.P. Act 12 of 1977.] Corporator or member of Committee to whom it relates has been given a reasonable opportunity of showing cause why such order should not be made.
(2)The removal shall be made by notification in the Official Gazette and shall become effective from the date of publication of such notification.
(3)The State Government may direct a member who is suffering from any of the serious infectious diseases to be specified by the State Government, by order not to attend any meeting of the Corporation or any Committee, Joint Committee or Sub- Committee thereof and any member who has been so directed shall not be qualified to attend any meeting of the Corporation or any Committee, Joint Committee or Sub- Committee thereof until upon his furnishing proof to the satisfaction of the State Government of his having been cured of the disease the State Government withdraw the direction.
(4)A person who has been removed from membership of the Corporation under sub-section (1) shall be disqualified for being elected and for being a member of the Corporation for a period of four years from the date of his removal, and a person who has been removed from the membership of any Committee of the Corporation shall be disqualified for being elected or for being a member of such Committee for a period of four years from the date of his removal:Provided that the State Government may at any time by order remove the disqualification.