Amendment status not verified — confirm the current text below against the official source.
Removal of Councillors.- (1) The Divisional Commissioner may at any time, remove any elected councilor,- (a) if his continuance as a Councillor, is not, in the opinion of the Divisional Commissioner, desirable in the interest of the Public or of the corporation; or (a-1) if it is found that he does not belong to the reserved category for which the seat was reserved; or (b) if the Corporation has, by a resolution supported by atleast two-third of the total number of Councillors, recommended that the Councillor is not fit to continue as a Councillor on account of misconduct in the discharge of his duties or disgraceful conduct and should therefore removed. (2) The Divisional Commissioner may, while ordering the removeal under sub-section (3) of Section 23 or this Section, also order that such councilor shall not be eligible to become a councilor of a Corporation for a period which shall be specified in the order and which shall not exceed five years: Provided that no resolution recommending the removal of any councilor shall be passed by the Corporation nor any such order of removal shall be passed by the Divisional Commissioner unless such councilor has been given a reasonable opportunity of showing cause why a recommendation should not be made for his removal or why he should not be removed from his office. (3) An appeal against the order passed under sub-section (1) or sub-section (2) of this section *18 shall lie to the State Government within thirty days of the date on which the order is conveyed to the aggrieved party. The State Government may after giving a reasonable opportunity of being heard, pass such order on the appeal as it may think fit. 19.A. Automatic vacation of all offices on ceasing to be Councillor- A person who ceases to be Councillor shall automatically vacate all the offices in the Corporation which he holds by virtue of his being a Councillor. 19-B. Removal of Mayor or Speaker or Chairman of a Committee.- (1) The State Government may, at any time remove a Mayor or Speaker or Chairman of any Committee, if his continuance as a Mayor or Speaker or Chairman of any Committee as the case may be, is not, in the opinion of the State Government, desirable in public interest or in the interest of the Corporation or if it is found that he is incapable of performing his duties or is working against the provisions of this Act or the rules made there-under or if it is found that then Mayor does not belong to the reserved category for which the seat was reserved. (2) As a result of the order of removal of Speaker or Chairman of any Committee, as the case may be, under sub-section (1) , it shall be deemed that such Speaker or the Chairman of any Committee, as the case may be, has been removed from the office of Councillor also. At the time of passing order under sub-section (1), the State Government may also pass such order that the Mayor or Speaker or Chairman of any Committee, as the case may be, shall disqualified to hold the office of Mayor or Speaker or Councillor, as the case may be, for the next term: Provided that no such order under this Section shall be passed unless a reasonable opportunity of being heard is given. Madhya Pradesh Municipal Corporation Act, 1956 18 | P a g e 19-C. Resignation of Mayor- (1) The Mayor may resign his office by tendering his resignation in writing to the State Government. (2) On receipt of the resignation, under sub-section (1), the State Government shall:- (i) if satisfied about its genuineness, accept the resignation and notify the fact of such resignation and the occurrence of casual vacancy by reason of such resignation in the Gazette: (ii) if not satisfied about it genuineness, not accept the resignation for reasons to be recorded in writing. (3) If it appears to the State Government that the Mayor having become liable for removal under section 19-B has tendered his resignation to escape such removal, then notwithstanding anything contained in this section, the State Government may order his removal in accordance with the provisions of the said section and thereupon the Mayor shall be deemed to have been removed from the date he resigns his office.