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State of West Bengal - Section

Section 145 in The West Bengal Panchayat Act, 1973

145. Removal of member of Zilla Parishad.

(1)The prescribed authority may, after giving an opportunity to a member of a Zilla Parishad other than an ex officio member to show cause against the action proposed to be taken against him, by order remove him from office -
(a)if after his election he is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for a period of more than six months; or
(b)if he was disqualified to be a member of the Zilla Parishad at the time of his election; or
(c)if he incurs any of the disqualifications mentioned in clauses (b) to (g) of section 142 after his election as a member of the Zilla Parishad; or
(d)if he is absent from three consecutive meetings of the Zilla Parishad without the [leave of the Zilla Parishad] [Substituted 'leave of the Zilla Parishad;' by Act No. 40 of 2017, dated 16.10.2017] [* * * * *] [Words 'provided he is not an ex officio member of the Zilla Parishad' omitted by W.B. Act 37 of 1984.]; or
[Provided that a member of a Zilla Parishad hOlding simultaneous membership of the House of the People or the Legislative Assembly, shall not be removed from the office, if he remains absent from three consecutive meetings of the Zilla Parishad without the leave of the Zilla Parishad:] [Added by Act No. 40 of 2017, dated 16.10.2017]
(e)if he does not pay any arrear in respect of any tax, toll, fee or rate payable under this Act, or the Bengal Village Self-Government Act, 1919, or the West Bengal Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963.
(2)Any member of a Zilla Parishad who is removed from his office by the prescribed authority under sub-section (1) may, within thirty days from the date of the order, appeal to such authority as the State Government may appoint in this behalf, and, thereupon, the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the prescribed authority, and after giving the appellant an opportunity of being heard, modify, set aside or confirm the order.
(3)The order passed by such authority on such appeal shall be final.[* * * * * * *] [[Sub-Section (4) omitted by W.B. Act 37 of 1984. which was as under:-'(4) If an ex officio member of a Zilla Parishad referred to In sub-clause (1) of clause (a) of sub-section (2) of section 140 is removed from office he shall cease to be the Sabhapati of the Panchayat Samiti concerned and a new Sabhapati shall be elected by the Panchayat Samiti in accordance with the provisions of this Act.'.]]