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State of Haryana - Section

Section 34A in Haryana Municipal Corporation Act, 1994

34A. [ [Suspension of Mayor or member.] [Section 34-A inserted by Haryana Act No. 18 of 1999.]

(1)The Commissioner of the Division may, [suspend a Mayor or member] [Substituted 'suspend any member' by Haryana Act No. 28 of 2018, dated 4.10.2018.] of a Corporation where -
(a)a case against him in respect of any criminal offence is under investigation, enquiry or trial, if in the opinion of the Commissioner of Division the charge made or proceedings taken against him, are likely to embarrass him in the discharge of his duties or involves moral turpitude or defect of a character;
(b)during the course of an enquiry for any of the reasons for which he can be removed under section 34, after giving him a reasonable opportunity of being heard.
(2)[A Mayor or any member] [Substituted 'Any member' by Haryana Act No. 28 of 2018, dated 4.10.2018.] suspended under sub-section (1) shall not take Part in any act or proceedings of the Corporation during the period of suspension and shall hand over the records, money or any other property of the Corporation in his possession or under his control -
(i)to Mayor, Senior Deputy Mayor or Deputy Mayor, as the case may be;
(ii)in case the Mayor, Senior Deputy Mayor or Deputy Mayor are suspended, to such person as the Commissioner of Division may appoint in this behalf:
[Provided that the suspension period of a Mayor or member shall not exceed six months from the date of issuance of suspension order except in criminal cases involving moral turpitude:Provided further that if the Mayor is suspended or removed or resigned from the post under the Act, the officiating charge of the seat of Mayor shall be given to the elected member of the same category having maximum number of members in his favour until the predecessor of Mayor is elected or the existing Mayor is reinstated:Provided further that if there is only one member from the category for which seat of Mayor is reserved, no question of maximum number of members in his favour shall arise:Provided further that when the Mayor is absent from duty on account of illness or other cause, the senior Deputy Mayor and in his absence the Deputy Mayor shall act as Mayor.] [Substituted by Haryana Act No. 28 of 2018, dated 4.10.2018.]
(3)Any person aggrieved by an order passed under sub-section (1) may, within a period of thirty days from the communication of the order, prefer an appeal to the Government.]