38A. [ Removal of [* * *] [Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.] Councillor by Government.
(1)Without prejudice to the provisions contained in the foregoing section, the State Government may remove any [* * *] [Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] Councillor if they are satisfied that [in the interest of Notified Area Council, such nomination shall be cancelled and make a fresh nomination for the said Notified Area Council] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] :Provided that no order for removal shall be made without giving the [* * *] [Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] Councillors an opportunity of showing cause against proposed removal:Provided further that no such order shall be made in cases where an application in respect of the said [* * *] [Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] Councillor made under Section 38 on the same ground as aforesaid, is pending or where any such application having been made has been finally disposed of under the said section.(2)Any [* * *] [Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] Councillor against whom an order of removal is made under Sub-section (1) may within thirty days of such order, prefer an appeal before the District Judge of the district in which the Municipality is situate.]
