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State of Assam - Section

Section 9 in Mising Autonomous Council Act, 1995

9. Removal of Members of the General Council.

(1)The Chief Executive Councilor or the Executive Councilors or any one of them or all of them may be removed from office by a resolution carried by [two-third majority] [Substituted 'a majority' by Assam Act No. 15 of 2017, dated 30.3.2017.] of the total number of the elected members at a special meeting of the General Council called for the purpose upon a requisition made in writing by not less than one third of the members of the General Council.
(2)The Government, after giving an opportunity to an elected member of the General Council to show cause against the action proposed to be taken against him and after giving a reasonable opportunity of being heard, may by order, remove him from the office, if he -a. After his election, is convicted by a criminal court of an offence involving moral turpitude punishable with imprisonment for any period exceeding six months, orb. Incurs any of the disqualifications mentioned in section 54 after his election as member of the General Council, orc. Is absent from three consecutive meetings of the General Council.
(3)Any member of the General Council who is removed from the office under sub-section (2) above, may within thirty days from the date of the order, appeal to such Judicial Authority as the Government may prescribe and the authority so prescribed after admitting an appeal may, after complying with the normal and fundamental principles of Judicial proceedings, pass such order or orders either confirming or modifying or setting aside the order appealed against and pending the final disposal of the appeal may pass such other interlocutory order or orders including stay of operation of the order appealed against.
(4)The order, passed, by the Judicial Authority referred to in subsection (3) above, on such appeal shall be final.