267. Powers of Government to remove President or Chairperson.
(1)If in the opinion of the Government the President or the Vice-President as the case may be, the Chairperson, the Vice-Chairperson,-(i)willfully omitted or refused to carry out the orders of the Government for the proper working of the concerned local body; or(ii)abused his position or the powers vested in him; or(iii)is guilty of misconduct in the discharge of his duties; or(iv)persistently defaulted in the performance of his functions and duties entrusted to him under the Act to the detriment of the functioning of the concerned local body or has become incapable of such performance.the Government, may remove such President or Vice- President, or as the case may be Chairperson or the Vice- Chairperson, after giving him an opportunity for explanation:Provided that the proceedings initiated under this sub-section may be continued notwithstanding the fact that the President or Vice-President, or as the case may be, Chairperson or the Vice-Chairperson, ceased to hold office by resignation or otherwise and shall be concluded within two years from the date of such cessation and where on such conclusion the authority competent to remove him, records a finding after giving an opportunity of making a representation to the person concerned that the charge or charges proved against him are sufficient for his removal, then the provision of sub-section (3) shall apply to the person against whom such finding is recorded.(2)Where the President or the Vice-President or the Chairperson or Vice-Chairperson is removed under subsection (1), the vacancy shall, subject to the provisions of sub-section (3), be filled as casual vacancies.(3)A President or a Vice-President or a Chairperson or a Vice-Chairperson removed from his office under this section shall not be eligible for re-election as President or Vice- President or Chairperson or Vice-Chairperson for a period of two years from the date of the removal.(4)If the Government are satisfied that any elected member of a Mandal Praja Parishad or Zilla Praja Parishad is guilty of any misconduct while acting or purporting to act in the discharge of his duties, or in the performance of the functions, under this Act, the Government may, by order, remove such member, after giving him an opportunity for explanation, and any member so removed shall not be eligible for re-election as a member for a period of two years from the date of removal.(5)Where a member of Mandal Praja Parishad or Zilla Praja Parishad is removed under sub-section (4), the vacancy shall be filled in such manner and within such time as may be prescribed.(6)If the Government are of the opinion that any President or Vice-President or the Chairperson or Vice- Chairperson or any member of the Mandal Praja Parishad or Zilla Praja Parishad willfully omitted or refused to carry out the orders of Government for the proper working of the concerned local body or abused his position or the powers vested in him, and that the further continuance of such person in office would be detrimental to the interests of the concerned local body or Mandal or District, the Government may, by order, suspend such President or Vice-President, or as the case may be, the Chairperson or Vice-Chairperson or member from office for a period not exceeding three months, pending investigation into the said charges and action thereon under the foregoing provisions of this section:Provided that no order under this sub-section shall be passed unless the person concerned has had an opportunity of making a representation against the action proposed:Provided further that it shall be competent for the Government to extend, from time to time, the period of suspension for such further period not exceeding three months, so however that total period of suspension shall not exceed six months:Provided also that a person suspended under this subsection shall not be entitled to exercise the powers and perform the functions attached to his office and shall not be entitled to attend the meetings of the concerned local body except a meeting held for the consideration of a noconfidence motion.
