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State of Bihar - Section

Section 15 in The Bihar and Orissa Local Self-Government Act, 1885

15. Removal of members.

(1)The State Government may remove any member of a District Board, Local Board or Union Committee [* * *] [The words 'elected or appointed under this Act' repealed by Bihar Act 40 of 1950.] if such member is guilty of misconduct in the discharge of his duties, or if he is convicted of any such offence, or subjected by a criminal court to any such order, as implies moral turpitude which in the opinion of the State Government unfits him to be a member, and if a resolution recommending his removal has been supported by not less than two-thirds of the whole number of the member of the District Board at a meeting specially convened for the purpose.
(2)The State Government may remove any member of a District Board, Local Board or Union Committee-
(a)If he refuses to act or becomes incapable of acting or is declared insolvent;
(b)if he without an excuse sufficient in the opinion of the State Government, absents himself from six consecutive meetings of the District Board, Local Board or Union Committee, as the case may be without having obtained previous permission from the Chairman of such District Board/ Local Board or Union Committee:
(c)if in the judgement of the State Government to be recorded in writing, he has become disqualified to continue in office under Section 144 :
(d)if he, being a legal practitioner, acts or appears in any suit or other proceeding on behalf of any other person against the District Board, Local Board or Union Committee, or acts or appears on behalf of any other person in any criminal proceeding instituted by or on behalf of such District Board, Local Board or Union Committee.
(3)A member who has been removed from office under sub-section (1) or clause (a) of sub-section (2) shall not be elected [or-co-opted] [Inserted by Bihar Act 38 of 1954.] or re-elected as a member of the District Board [* * *] [The words 'or appointed as a member of a Local Board' repealed by Bihar Act 40 of 1950.], without the consent of the State Government.
(4)A member who has been removed from office under clause (b) of subsection (2) shall not be elected [or-co-opted] [Inserted by Bihar Act 38 of 1954.] or re-elected as a member of the District Board, [* * *] [The words 'or appointed as a member of a Local Board' repealed by Bihar Act 40 of 1950.], within a period of three years from the date of his removal [without the consent of the State Government] [Inserted by Bihar Act 11 of 1947.].