Section 18 in The Darjeeling Gorkha Hill Council Act, 1988
18. Disqualifications of [Councillors] [Word substituted by W.B. Act 3 of 1994.]. -
(1)The Government may, after giving an opportunity to an [elected Councillor] [Words substituted by W.B. Act 3 of 1994.] to show cause against the action proposed to be taken against him, by order remove him from office-(a)if after his election he is convicted by a criminal court of an offence involving moral turpitude punishable with imprisonment for a period of more than six months; or(b)if he incurs any of the disqualifications mentioned in sub-section (1) of section 9 after his election as [a Councillor] [Words substituted by W.B. Act 3 of 1994.]; or(c)if he is absent from three consecutive meetings of the General Council without the leave of the General Council; or(d)if he does not pay any arrear in respect of any tax, toll, fee or rate payable under this Act or the Bengal Village Self-Government Act, 1919, or the West Bengal Panchayat Act, 1957.(2)[Any Councillor] [(2) Words substituted by W.B. Act 3 of 1994.] who is removed from his office under sub-section (1) may, within thirty days from the date of the order, appeal to such authority as the Government may appoint in this behalf, and, thereupon, the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to such authority as may be prescribed and after giving the appellant an opportunity of being heard, modify, set aside or confirm the order.(3)The order passed by the authority appointed under sub-section (2) on such appeal shall be final.
