Amendment status not verified — confirm the current text below against the official source.
Subs. by section 32 of Chapter-III of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]7 Municipalities Act, 1916] [Section 40] (d) that he has knowingly acted as a member in a matter other than a matter referred to in Section 82 in which he or a partner had, directly or indirectly a personal interest, whether pecuniary or of any other nature or in which he was professionally interested on behalf of a client principal or other person; (e) That he being a legal practitioner has during the term of his membership acted or appeared in any suit or other proceeding on behalf of any person against the Municipality or against the State Government in respect of nazul and entrusted to the management of the Municipality of acted or appeared for or on behalf of any person against whom a criminal proceeding has been instituted by or on behalf of the Municipality; (f) That he has abandoned his ordinary place of residence in or has voluntarily or otherwise transferred his residence from the municipal area concerned, unless the member himself resigns his seat within three months of such abandonment or transfer; (g) that he has been guilty of persistent misbehaviour or disorderly at meetings of the Municipality and a complaint to that effect is made to the State Government by the President or any other member ; or [(h) That he has been guilty of any other misconduct whether as member or as Vice-President or President or as Vice-president exercising the powers of President whether committed before or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976.]1 (2) [***]3 [(3) The State Government may remove from the Municipality a member who, in its opinion, while being a member during the current or the last preceding terms of the Municipality, acting as President or a Vice-President, or a Vice-President, or Chairman of a Committee or member, or in any other capacity whatsoever, has, whether, before, or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976, so flagrantly abused his position, or so willfully contravened any of the provisions of this Act or any rule, regulation or bye-law, or caused such loss or damage to the fund or property of the Municipality, as to render him unfit to continue as a member.]2 (4) Provided that [when the State Government]4 proposes to take action under the foregoing provisions of this section, an opportunity of explanation shall be given to the member concerned, and when such action is taken the reasons therefor shall be placed on record. (5) [***]5 [(6) Without prejudice to any of the foregoing powers, the State Government may on any of the grounds referred to in sub-section (1), instead of removing the member give him a warning.]6