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State of Uttar Pradesh - Section

Section 29 in The U.P. Kshettra Panchayats And Zila Panchayats Adhiniyam, 1961

29. Removal of Adhyaksha or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).].

(1)If in the opinion of the State Government the Adhyaksha or the [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] while acting in place of Adhyaksha wilfully omits or refuses to perform his duties or functions under this Act or abuses the powers vested in him or is found to be guilty of misconduct in the discharge of his duties, [or because physically or mentally incapacitated for performing his duties] [Inserted by U.P. Act No. 9 of 1994.] the State Government, after giving the Adhyaksha or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f 20.08.2007).], as the case may be, a reasonable opportunity for explanation may by order remove him from office [and such order shall be final and not open to be questioned in a Court of law] [Inserted by Section 18 of U.P. Act No. 2 of 1963.][Provided that where in an enquiry held by such person and in such manner as may be prescribed, an Adhyaksha or [x x x] [Inserted by U.P. Act No. 9 of 1994.] is prima facie found to have committed financial and other irregularities such Adhyaksha or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f 20.08.2007).] shall cease to exercise and perform the financial and administrative powers and functions, which shall, until he is exonerated of the charges in the final enquiry, be exercised and performed by a committee consisting of three elected members of the Zila Panchayat appointed in this behalf by the State Government.]
(2)[x x x] [Omitted by U.P. Act No. 9 of 1994.]
(3)An Adhyaksha or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f 20.08.2007).], removed from his office under this section, shall not be eligible for election as Adhyaksha or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] for a period of three years from the date of his removal.