38. [ Effect of subsequent disabilities. [Inserted by M.P. Act No. 12 of 1995.]
(1)If any [Councillor or President]-(a)becomes disqualified under sub-section (1) of Section 31 and his name is struck off from the electoral roll under sub-section (1-A) of that section; or(b)becomes subject to any of the disqualifications specified in Section 35 and such disqualification is not removable or being removable is not removed; or(c)absents himself during six consecutive months from the meetings of the Council, except with the leave of the Council, or(cc)[ becomes disqualified for being chosen as and for being a President or Councillor under Section 32-C.] [Inserted by M.P Act No. 29 of 2003.](d)becomes incapable of acting; or(e)acts as [Councillor or President] [Substituted by M.P. Act No. 29 of 2003, for the word 'Councillor'.] in any matter-(i)in which he has directly or indirectly, by himself or his partner, any share or interest, as is described in clause (i) of Section 35; or(ii)in which he is professionally interested on behalf of a client, principal or other person; or(ee)[ Omitted;] [[Omitted by M.P. Act No. 16 of 2007. Prior to omission is was as under :'(ee) begets a child on or after 26th January, 2001 which increases the number of his children to more than two; or'.]](f)fails to pay any arrears of any kind due by him to the Council on a demand made therefor under Section 53, within the period specified therein,he shall, subject to the provisions of sub-section (2), cease to be a [Councillor or President] [Substituted by M.P. Act No. 29 of 2003. for the word 'Councillor'.] [and his seat shall become vacant with effect from a date to be notified by the State Government except the case falling under clause (cc) and clause (r) of Section 35] [Substituted by M.P. Act No. 29 of 2003, for the words 'and his seat become vacant with effect from a date to be notified by the State Government.'];(2)No Councillor shall cease to be a Councillor under sub-section (1) until the prescribed authority on its own motion or on application made to it by any person in this behalf, decides that such a Councillor has incurred the disqualification on any of the grounds specified therein and communicates the decision in relation thereto to such Councillor :Provided that no order shall be passed by the prescribed authority under this sub-section against any Councillor without giving him a reasonable opportunity of being heard.]
