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[Cites 0, Cited by 3] [Section 146] [Entire Act]

State of Himachal Pradesh - Subsection

Section 146(1) in The Himachal Pradesh Panchayati Raj Act, 1994

(1)The State Government, in the case of office bearers of Panchayats, the Divisional Commissioner having jurisdiction, in the case of office bearers of Zila Parishad, and the Deputy Commissioner having jurisdiction, in the case of office bearers of Panchayat Samiti and Gram Panchayat, as the case may be, may after such enquiry as it may deem fit to make at any time, remove an office bearers -
(a)if he has incurred any disqualification under this Act; or
(b)if he has been guilty of misconduct in the discharge of his duties; or
(c)if he refuses to act or becomes incapable of acting or is adjudged an insolvent; or
(d)if he without reasonable cause absents himself from more than half of the meetings convened within a period of six months; or
(e)if his continuance in office is undesirable in the interest of the public:
Provided that no person shall be removed unless he has been given an opportunity to show cause why he should not be removed from his office.Explanation. - For the purpose of this sub-section "misconduct" shall include -
(a)any action which adversely affects-
(i)the sovereignty, unity and integrity of India; or
(ii)the harmony and the spirit of common brotherhood amongst all the people of State transcending religious, linguistic, regional, caste, or sectional diversities; or
(iii)the dignity of women;
(b)gross negligence in the discharge of the duties under this Act;
(c)the failure of the Pradhan of a Gram Panchayat, or Chairman of Panchayat Samiti or Zila Parishad, to convene the meeting of the Gram Sabha, Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, at regular intervals as specified under this Act.