(1)The Government, if it thinks fit on the recommendation of the municipal council, may remove any councillor elected [*] [Omitted by Act 36 of 1994 w.e.f. 1-6-1994.] under this Act, [*] [Omitted by Act 83 of 1976 w.e.f. 8.12.1976.] and after such enquiry as it deems necessary, if such councillor has been guilty of misconduct in the discharge of his duties, or of any disgraceful conduct, or has become incapable of performing his duties as a councillor.[Provided that no Councillor shall be removed except after being afforded an opportunity for submitting an explanation.] [Inserted by Act 83 of 1976 w.e.f. 8-12-1976.](2)When under sub-section (10) of section 42 any person is removed from the office of president or vice-president for misconduct in the discharge of his duties, he shall, from the date of such removal cease to be a councillor and shall be deemed to have been removed from the office of councillor under sub-section (1).
