- [(1) The State Government] [Substituted by U.P. Act No. 7 of 1949.] [* * *] [Omitted by U.P. Act No. 12 of 1994.] may remove a member of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] on any of the following grounds, -(a)that he has absented himself from the meetings of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] for more than three consecutive months or three consecutive meetings whichever is the longer period, without obtaining sanction from the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] :Provided that the period during which the member was in jail as an under trial, detenue or as a political prisoner, shall not be taken into account;(b)that he has incurred any of the disqualifications mentioned in Sections [12-D and 13-D] [Substituted by U.P. Act No. 7 of 1953.];(c)that he has within the meaning of Section 82, knowingly acquired or continued to hold, directly or indirectly, or by a partner, any [share or interest, whether pecuniary or of any other nature] [Substituted by U.P. Act No. 26 of 1964.] in any contract by or on behalf of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.];(d)that he has knowingly acted as a member in a matter other than a matter referred to in Section 82 in which he or a partner had, directly or indirectly a [personal interest, whether pecuniary or of any other nature] [Substituted by U.P Act No. 26 of 1964.] or in which he was professionally interested on behalf of a client, principal or other person; [* * *] [The word 'or' omitted by U.P. Act No. 26 of 1964.](e)[ that he being a legal practitioner has during the term of his membership acted or appeared in any suit or other proceeding on behalf of any person against the] [Substituted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or against the State Government in respect of nazul and entrusted to the management of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or acted or appeared for or on behalf of any person against whom a criminal proceeding has been instituted by or on behalf of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.];(f)[ that he has abandoned his ordinary place of residence in or has voluntarily or otherwise transferred his residence from the municipal area concerned, unless the member himself resigns his seat within three months of such abandonment or transfer;] [Substituted by U.P. Act No. 26 of 1964.](g)[ that he has been guilty of persistent misbehaviour or disorderly conduct at meetings of the] [Inserted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] and a complaint to that effect is made to the State Government by the President or any other member; or(h)[ that he has been guilty of any other misconduct whether as member or as] [Substituted by U.P. Act No. 41 of 1976.] [* * *] [Omitted by U.P. Act No. 49 of 2007.] or President or as [* * *] [Omitted by U.P. Act No. 49 of 2007.] exercising the powers of President whether committed before or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976.(2)[* * *] [Omitted by U.P. Act No. 12 of 1994.](3)[ The State Government may remove from the] [Substituted by U.P. Act No. 41 of 1976.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] a member who, in his opinion, while being a member during the current or the last preceding terms of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], acting as President or a [* * *] [Omitted by U.P. Act No. 49 of 2007.], or a [* * *] [Omitted by U.P. Act No. 49 of 2007.], or Chairman of a Committee or member, or in any other capacity whatsoever, has, whether, before, or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976, so flagrantly abused his position, or so wilfully contravened any of the provisions of this Act or any rule, regulation or bye-law, or caused such loss or damage to the fund or property of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], as to render him unfit to continue as a member.(4)Provided that [when the State Government] [Substituted by U.P. Act No. 12 of 1994.] proposes to take action under the foregoing provisions of this section, an opportunity of explanation shall be given to the member concerned, and when such action is taken, the reasons therefor shall be placed on record.(5)[* * *] [Omitted by U.P. Act No. 12 of 1994.](6)[ Without prejudice to any of the foregoing powers, the State Government may on any of the grounds referred to in sub-section (1), instead of removing the member give him a warning.] [Substituted by U.P. Act No. 12 of 1994.]Explanation. - The power of administering warning or placing a member under suspension under sub-section (6) may be exercised either by the State Government or the Prescribed Authority, as the case may be, while dealing with the matter originally under sub-section (1) or sub-section (3) or by the State Government on appeal under sub-section (2).
