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State of Himachal Pradesh - Section

Section 146 in The Himachal Pradesh Panchayati Raj Act, 1994

146. Removal of office bearers of Panchayats.

(1)The State Government, in the case of office bearers of Panchayats, the Divisional Commissioner having jurisdiction, in the case of office bearers of Zila Parishad, and the Deputy Commissioner having jurisdiction, in the case of office bearers of Panchayat Samiti and Gram Panchayat, as the case may be, may after such enquiry as it may deem fit to make at any time, remove an office bearers -
(a)if he has incurred any disqualification under this Act; or
(b)if he has been guilty of misconduct in the discharge of his duties; or
(c)if he refuses to act or becomes incapable of acting or is adjudged an insolvent; or
(d)if he without reasonable cause absents himself from more than half of the meetings convened within a period of six months; or
(e)if his continuance in office is undesirable in the interest of the public:
Provided that no person shall be removed unless he has been given an opportunity to show cause why he should not be removed from his office.Explanation. - For the purpose of this sub-section "misconduct" shall include -
(a)any action which adversely affects-
(i)the sovereignty, unity and integrity of India; or
(ii)the harmony and the spirit of common brotherhood amongst all the people of State transcending religious, linguistic, regional, caste, or sectional diversities; or
(iii)the dignity of women;
(b)gross negligence in the discharge of the duties under this Act;
(c)the failure of the Pradhan of a Gram Panchayat, or Chairman of Panchayat Samiti or Zila Parishad, to convene the meeting of the Gram Sabha, Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, at regular intervals as specified under this Act.
(1A)The State Government, the Divisional Commissioner or the Deputy Commissioner, as the case may be, may on consideration of the enquiry report or if it thinks proper, for reasons to be recorded in writing, revoke the suspension order and instead of removing an office bearer, warn him to be vigilant in the discharge of his duties or may also debar him from taking part in any act or proceedings of the Panchayat for the period of six months.
(2)A person who has been removed under sub-section (1) shall forthwith cease to be a member of any other Panchayat of which he is a member, such person shall also be disqualified for a period of six years to be elected as office bearer of a Panchayat under this Act.