Section 38 in The Chhattisgarh Municipalities Act, 1961
38. Effect of subsequent disabilities.
- [(1) If any [President or Councillor] [Inserted by M.P. Act No. 12 of 1995.]-(a)becomes disqualified under sub-section (1) of Section 31 and his name is struck off from the electoral roll under sub-section (1-A) of that section; or(b)becomes subject to any of the disqualifications specified in Section 35 and such disqualification is not removable or being removable is not removed; or(c)absents himself during six consecutive months from the meetings of the Council, except with the leave of the Council; or(cc)[ becomes disqualified for being chosen as and for being a President or Councillor under Section 32-C;] [Inserted by C.G. Act No. 10 of 2004, w.e.f. 1-1-2005.](d)becomes incapable of acting; or(e)acts as [President or Councillor] [Substituted by C.G. Act No. 10 of 2004, w.e.f. 1-1-2005 for the word 'Councillor'.] in any matter-(i)in which he has directly or indirectly, by himself or his partner, any share or interest, as is described in clause (i) of Section 35; or(ii)in which he is professionally interested on behalf of a client, principal or other person; or(ee)[ [* * *] [Inserted by M.P. Act No. 12 of 2000.];](f)fails to pay any arrears of any kind due by him to the Council on a demand made therefor under Section 53, within the period specified therein;he shall subject to the provisions of sub-section (2), cease to be a [President or Councillor] [Substituted by C.G. Act No. 10 of 2004, w.e.f. 1-1-2005 for the word 'Councillor'.] and his seat shall become vacant with effect from a date to be notified by the State Government,(2)No Councillor shall cease to be Councillor under sub-section (1) until the prescribed authority on its own motion or on an application made to it by any person in this behalf, decides that such a Councillor has incurred the disqualifications on any of the grounds specified therein and communicates the decision in relation thereto to such Councillor :Provided that no order shall be passed by the prescribed authority under this sub-section against any Councillor without giving him a reasonable opportunity of being heard,]
