Section 40A in The Orissa Panchayat Samiti Act, 1959
40A. [ Removal of Chairman and Vice-Chairman of Samiti. [Inserted vide Orissa Act No. 24 of 1961.]
(1)If in the opinion of the Government the Chairman [the Vice-Chairman or any member elected under Clause (h) of Sub-section (1) of Section 16 or nominated under Section 45-C] of the [* * *] [Omitted vide Orissa Act No. 1 of 1968.] Samiti wilfully omits or refuses to carry out or, violates the provisions of this Act or any rules, bye-laws or orders, made or issued thereunder or abuses the powers vested in him and Government are satisfied that further continuance of such person in office would be detrimental to the interest of the [* * *] [Omitted vide Orissa Act No. 1 of 1968.] Samiti they may, by order, published in the prescribed manner, remove such Chairman, [Vice-Chairman or member, as the case may be,] [Substituted vide Orissa Act No. 5 of 1993 (O.G.E. No. 438 dated 26.3.1993).] from office :Provided that no such order for removal shall be made without giving the person concerned a reasonable opportunity of being heard.(2)No person removed from the office of Chairman, [Vice-Chairman or an elected member] [Substituted vide Orissa Act No. 5 of 1993 (O.G.E. No. 438 dated 26.3.1993).] under this section shall for a period of four years from the date of the removal, be eligible to hold any of the said offices.]
