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State of Tamilnadu - Section

Section 40 in Tamil Nadu District Municipalities Act, 1920

40. State Government to remove [vice-chairman] [Substituted for 'chairman or vice-chairman' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.].

(1)The State Government may, by 'notification, remove any [vice-chairman] [Substituted for 'chairman or vice-chairman' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.], who in their opinion, willfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, by-laws, regulations or lawful orders issued thereunder or abuses the powers vested in him.
(2)The [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for the word 'Provincial' by the Adaptation Order of 1950] shall, when they propose to take action under sub-section (1), give the [vice-chairman] [Substituted for 'chairman or vice-chairman' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.] concerned an opportunity for explanation, and the notification issued under the said sub-section shall contain a statement of the reasons of the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for the word 'Provincial' by the Adaptation Order of 1950] for the action taken.
(3)[ [Any person removed under sub-section (1) from the office of vice-chairman shall not be eligible for election to the said office] [This sub-section was added by section 2(i) of the Madras District Municipalities and Local Boards (Amendment) Act, 1939 (Madras Act XI of 1939)] until the date on which notice of the next ordinary elections to the municipal council is published in the prescribed manner, or the expiry of [one year from the date specified in such notification] [Substituted by Tamil Nadu Act 23 of 1978]].