Bare ActsThe Daman and Diu Municipalities Regulation 1994

Section 46

Disqualification of Councillor during\ his J"term of office

Amendment status not verified — confirm the current text below against the official source.

Disqualification of Councillor during\ his J"term of office.- (1) A Councillor shall' be "' ? ''N?'' disqualified to hold off ice as such, if at any time ?%fr-,a*s prism :r)sdur ing 4'xlrC08 yni (a) is or becomes subject t-o any of the disqualifications specified in section 16 &r-fib 0.3 Y '--?%!*except the disqual. if ications specified in * ' Q ~ ~ ~ ~ ~ ~ @ 9d3 sQ ficlause ( j) of sub-section (1) of that sectiorf: 20 3qf439'1 :?a : ) ~ A I ~ ~ - ~ z T ~ + ~ .--. I % a I - - . 4 i _ r 7 5 L9tt-, noirP?,btb - ,n'&&rsbmt .-:ff~%*. : s $ p i ~ - 4 R 3 't@";,-., *E"$ sbm a o r 3 ~ ~ ~ r c ~ < ~ ~ nc tWo(gp as a Councillor or as a me& sd S T Q ~ b ~ 3 q P cobittee of the Council votes in favour of 2a.i&:3 ::,ii~= , k3fl~9syeB"ny matter in which he has directly or 443 k i ; : ~ ~ : . y y - ~ 3indirectly by himself or his partner any such '"*: n 4 g i i i .hare or 1ntre.t as is discribed in clauses! 2 . t s p - en- ( a ) , tb), (c), (c), and (g) of sub-section ( 2 ) O" t4aas~ f a ~ d of section 16, whatever may be the value of such share or interest or in which he is professionally interested on behalf of a ' 5 z.; 9 ' - client, principal or other person I or . ' . . . " t .iV%f:, - . \ " ' ? - 5'-qc) is grofeesionably interested or * , I s -+ s c:;% f;LngXged in any case for or against the council: z ,I 6 "$' " - " i $ it?. * - (dl absents him7self during four successive rsbna b*@sm month from the meetings of the Council except p*i,"rce " I ~ @ B Q %G the leave of absence granted by the J @ f l i 6 F " a { ~ 3 " % : ~ ! 6 ?.i d council by a resolution on his writte-n ' 9 % E for such leave ; # + : . lit BBLX& it.$- 3, :; ? and + he shall be disabled subject to the provisions of sub-section ( 3 ) from continuing to be a fiL h ~ > ; ->-8 4% Councillor and his office shall become vacant : %..a ; = * . I poi . ~ ~ c ~ . f * ' c F *c,p~i5:, PSOVided that - - tic,as*:ht.L * 3.; igr2s ;tcasa = ,,. +2idb, .l.f rq~q.3 :- (i) not be a Councillor shall disqualified under clause (c) if he is engaged f f i j ~ 4 ~ g 3 ~ : . + for the Council without receiving any 65d~ 0:' *+I& ssgs remuneration therefor or appears and cbunducts bas y-,q*?q Pm his own case in- a court of law or before any '"& authority under this Regulation A C ~ against *' the Council irrespective of whether such a ------. -.. -- ...-.- ^.lrYYQ Councillor is a legal practitioner by profession or not ; iatl rrs&. -*----. .- -- * - - -- fii) for the purpose of clause td),when the Councillor applies for leave, such leave shall be deemed to have been granted .unless it ia refused within period of sixty days from the date of his application. !if,-- .,~ ,,t 2 1 . . ;i . . 13). When a Councillor, 1.. . . I incurs ahy ' of ,, . - . : the disqualification in mub-section (1) it. ahall be ., ." ,. - < . I f . ' i the duty of the Chief Officer to submit a report to the Collector within one month of his becoming aware of the disqualification through any source -3n.f 'ao y r i i whatsoever. , . > i rC II?:'-'L :.+ . s* - . .: :., ,, , :., bpi? : : : 3 ( 3 ) In ever;'. case the authority to decide t:jOi frsr: .hi' whether a vacancj kas arisen shall be the Director. The Director may give his decirion on receipt of the report of the Chief Officer under Sub - section I, lj _l > A ~ .. It rsch ( 2 ) or on him own motion or on an application made ~, - ; ; . c i ~ ~ ~ ~ l p i to him b y a voter and such deciaion shall be :'.: ..n?.'it conununipted to the Councillor concerned,. the Chief itor:@ :i.n re officer and the applicant, . if any. Until the t.-riis!.i 5 ; b Diretor decides that a vacancy has ariaen and 8 ~ h . i S : ;rai.-;.,sa' deciaion ia o o v i c s t e d as povided above, the a f - r b ~ $6.: Councillor shall not be deemed to have ceased to hold ! 3 : 8 . . , + of fie=. s..,q$il; . .lo .::*..;.dm . .- 6 ' ' 2 ) irtiii+ -::s.i-tl y 1 i s r , , : ~ ~ , -.d G ( 4 ) Any pbrwn aggrieved by the decision of the Director may within a period of fifteen days. from the 7 .-. ?*:f=*.r date of receipt of the decision of the Director by : :-?fr?n ?r!. , him, appeal to the Adainiatrative Tribunal and the orders mssed bv the Adminirtrative T r i b u ~ l nhall be final- : - d7J.CXIBCL1'-,.?. 5 ~. ? : L qi: ~rovidcd 'that. no order shall be passed under a!.; .sr.? >.,'* sub-asction ( 3 ) by the Director or under sub-section ~ 3 ~ T i - i - 5.. ( 4 ) by the Administrative Tribunal in appal, against any Councillor without giving him a reasonable opportunity of being heard. 7dt c:; :t: . n n? n: . < : a j ; ~ . Bxp1anation.- If any plected [ . . . . I Councillor a J.:l:m were subject to any dirqualification specified in section 16, at the time of his election, [ . . . . I and continue. to be so disqualified, the disqualification shall, for the purposes of thia aection, be deemed ed Jefi , to have been incurred during the term for which he is ij.lfs~l13 .'I &I elected 1. ,. . , J . \-n -. !. n L ?.? , i J>ijhnr~c,>.> SM.

Section 46 – The Daman and Diu Municipalities Regulation 1994 | DailyLaw.ai