Amendment status not verified — confirm the current text below against the official source.
[(1) A Municipality may, by special resolution, dismiss, remove or otherwise punish any officer appointed under Section 68 or the proviso to sub- section (2) of Section 57, subject to the conditions provided in Section 58 in respect of the dismissal, removal or other punishment of an Executive Officer.]2 (2) [***]3 [Framing of charges against or suspension of officers by President 69-A (1) If the President has reason to believe that the Executive Officer or the Secretary or any of the other officers of the Municipality appointed under Section 68 or the proviso to sub-section (2) of Section 57 is corrupt or has persistently failed in the discharge of the duties or is otherwise guilty of misconduct, he may frame charges against him and where he is satisfied that it is so necessary, he may, for reasons to be recorded, suspend him pending the completion of the enquiry [and the passing of the final order by the Prescribed Authority or the Municipality, as the case may be, under sub-section (4)]2. [(2) Whenever the President takes action under sub-section (1), he shall within a week inform the Prescribed Authority and also forward to it a copy of the charges, and in case an order of suspension has been passed, the President shall also forward to the Prescribed Authority the material forming the basis of 225 the charges.]2 1- Added by U.P. Act No. 7 of 1954. 2- Subs. by U.P. Act No. 27 of 1964. 3- Omitted by section ibid. 4- Subs. by section 32 of Chapter-III of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]7 Municipalities Act, 1916] [Section 69B] [(2-A) The order of the suspension under sub-section (1) may at any time be revoked or modified by the Prescribed Authority.]2 (3) The enquiry under sub-section (1) shall be carried on in such manner as may be prescribed by rules.]1 [(4) After the enquiry is completed, the President shall submit the record with his recommendations to the prescribed Authority or to the Municipality, as he may consider fit. The Prescribed Authority or the Municipality, as the case may be, shall thereupon, notwithstanding anything contained in sub-section (1) of Section 58 or Section 67 or Section 69, proceed to consider the report and may, after such further enquiry as it may deem necessary, dismiss, remove or otherwise punish or exonerate the Executive Officer or Secretary or other officer, as the case may be : Provided that the Municipality shall act under this sub-section through a special resolution supported by not less than two thirds of the members constituting the Municipality. (5) An appeal against an order of dismissal, removal or other punishment passed under sub-section (4) by the Prescribed Authority or the Municipality shall lie to the State Government within such time and in such manner as may be prescribed.]2 Centralization of services of Municipal Officers and Servants 69-B [(1) Notwithstanding anything contained in Sections 57, 59, 65 to 68, 69, 69-A, 71, 74, 79 and 80, the State Government may at any time, by rules provided for the creation of one or more services of such officers and servants as the State Government may deem fit, common to all or some [Nagar Panchayats or Municipal Councils or to the Nagar Panchayats, Municipal Councils, Municipal Corporation and Jal Sansthans in the State]5 and prescribes the methods of recruitment and conditions of service of persons appointed to any such service.]4 [Explanation.- For the purposes of this sub-section it is clarified that services common to the Nagar Panchayats and Municipal Councils or Nagar Panchayats, Municipal Councils, Municipal Corporation and Jal Sansthans in the districts of Garhwal and Kumaun Divisions of the State may be created.]6 (2) When any such service is created, officers and servants serving on the posts included in the service may, if found suitable, be absorbed in the service, provisionally and finally, and the services of others shall stand determined, in the prescribed manner : [Provided that such absorption in the service shall not operate as a bar against holding or continuing to hold any disciplinary proceedings against a member of the service in respect of act committed before the date of such absorption; and].3 (3) Without prejudice to the generality of the provisions of sub-sections (1) and (2), such rules may also provide for consultation with the State Public Service Commission in respect of any of the matters referred to in the said sub-section. 226 1- Added by U.P. Act No. 7 of 1949. 2- Added by U.P. Act No. 27 of 1964. 3- Added by section 6 (a) of Chapter-III U.P. Act No. 15 of 1983. 4- Subs. by section 9 of Chapter-III of U.P. Act No. 5 of 1984. 5- Subs. by section 124(a) of Chapter-III U.P. Act No. 12 of 1994. 6- Added by section 124 (b) ibid. 7- Subs. by section 32 of Chapter-III of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]6 Municipalities Act, 1916] [Section 70-73] [(4) Notwithstanding anything contained in the preceding sub-sections (1), (2) and (3) or any other provision of the Act, the State Government may by rules also provide for regularization of temporary and ad hoc appointments made before the prescribed data, without consultation with the State Public Service Commission.]3 Temporary Servants required for emergency