Section 138 in Uttarakhand Panchayati Raj Act, 2016
138. Separation from their posts to the officers of the three tiers Panchayat.
(1)The State Government may remove a [office bearers] [Substituted 'member' by Uttarakhand Act No. 10 of 2019.] of the Panchayats on any of the following grounds-(a)that he has acted as a member of the Gram Panchayat, Kshettra Panchayat and Zila Panchayat or member of any committee by voting or taking part in the discussion of any matter in which he has directly or indirectly, a personal interest or in which he is professionally interested on behalf of a client, principal or other person;(b)that he has become physically or mentally incapacitated for performing his duties as such member, Pradhan, Up Pradhan, Pramukh, Up pramukh, Chairman, Vice- Chairman;(c)that he has been guilty, whether in his present or an earlier term of office, of misconduct in the discharge of his duty as such member, Pradhan, Up pradhan, Pramukh, Up pramukh, Chairman, Vice-chairman or has contravened any of the provisions of this Act or caused loss or damage to the fund or property of Panchayats and such misconduct, contravention or causing of loss or damage renders due to conduct of work as unauthorised in place by women representative, her husband or family members or relatives, such women shall be in eligible as member, Pradhan Up-pradhan, Pramukh, Up-pramukh, Chairman, Vice-chairman, in such case they may be suspended upto the departmental final enquiry and their work and duties may be hand over to a committee of three elected members of the concerning Panchayat. In addition to the disciplinary action also may be taken against the departmental employees/ officer, if found guilty in the enquiry.(d)[ The Pradhan, Up-pradhan or member of a Gram Panchayat or any members of Joint Committee or Land Management Committee, or a Pramukh, Up-pramukh or any member of Kshettra Panchayat or Chairman, Vice-Chairman or any member of Zila Panchayat may also be removed from his office in the following conditions- [Inserted by Uttarakhand Act No. 10 of 2019.](i)If he makes himself absent without sufficient cause for more than three consecutive meetings or sittings or refuses to act; or(ii)If he has taken the benefit of reservation under sub-section (1) of Section 10-A or sub-section (1) of Section 11, sub-section (1) of Section 55-A or Section 56 or sub-section (1) of Section 92-A or Section 93, as the case may be, on the basis of a false declaration subscribed by him stating that he is a member of the Scheduled Castes, the Scheduled Tribes or the Backward Classes, as the case may be; or(iii)If he suffers from any of the disqualifications mentioned in clauses (a) to (u) of sub-section (1) of Section 8, clauses (a) to (u) of sub-section (1) of Section 53 and in clauses (a) to (u) of sub-section (1) of Section 90.(e)No objection shall be made in any court on the order made by the State Government under this Section.](2)Notwithstanding anything in any other enactment, where a member specified in any member, Pradhan, Up Pradhan, Pramukh, Up Pramukh, Chairman and Vice chairman in clause (c) of sub-section (1) of [section 138] [Substituted 'section 29' by Uttarakhand Act No. 10 of 2019.] is removed from membership under this section he shall with effect from the date of publication of notification of removal under sub-section (c), cease to hold the office of member, Pradhan, Up- Pradhan, Pramukh Up- Pramukh, Chairman and Vice- chairman respectively and a vacancy shall be deemed to have been created in that office.(3)A person who has been removed from membership of the Panchayat under clause (a) or clause (c) of sub-section (1) shall be disqualified for being chosen a member of the Panchayat and being elected a member, Pradhan, Up Pradhan, Pramukh, Up Pramukh, Chairman, Vice-chairman of a Panchayats for a period of five years from the date of his removal :Provided that the State Government may, at any time by order, remove the disqualification.(4)Suspension. - (a) If after the preliminary enquiry, the Pradhan, Up pradhan, Pramukh, Up pramukh, Chairman, Vice chairman found guilty in prima facie than till the final enquiry, the State Government may suspend him.(b)If it is proved that the meeting of Gram Sabha/ Gram Panchayat is convened in the house of Pradhan/ Up Pradhan than after enquiry against the concerning person, the State Government may suspend him;Provided that no order shall be passed adversely affecting an person by the State Government/ designated authority unless such person has been given an opportunity of making his representation;Provided further that the preliminary inquiry shall be completed within one month and the final inquiry shall be completed within six months, positively.
