1[(1) If the President has reason to believe that the Executive Officer or the Secretary or any of the other officers of the Municipalities appointed under section 68 2[or the proviso to sub-section (2) of section 57], is corrupt or has persistently failed in the discharge of his 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 2[and the passing of the final order by the Prescribed Authority or the Municipalities, as the case may be, under sub-section (4).]
3[(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 the charges. ]
4[(2-A) The order or suspension under sub-section (1) may at any time be revoked or modified by the Prescribed Authority. ]
(3) The enquiry under sub-section (1) shall be carried on in such manner as may be prescribed by rules.
5[(4) After the enquiry is completed, the President shall submit the record with his recommendations to the Prescribed Authority or to the Municipality as be may consider fit. The Prescribed Authority or the board, 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 inquiry 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 board shall act under this sub-section through a special resolution supported by not less than two-thirds of the members constituting the Municipality. ]
6[(5) An appeal against an order of dismissal, removal or other punishment passed under sub-section (4) by the Prescribed Authority or the board, shall lie to the State Government within such time and in such manner as may be prescribed. ]
Footnotes in the official text
- 1.In accordance the section 2 (1) of Uttar Pradesh Municipalities (Supplementary and Validation) Act, 1951 (U. P. Act XV of 1951) (see appendix to this Act), during the period commencing from June 21, 1949, and until a new board is constituted by the first General Elections held under the U. P. Municipalities Act, 1916, next after the commencement of the aforesaid Act XV of 1961, section 69-A shall stand omitted.
- 2.Ins. by sec. 35(1) of U. P. Act no. 27 of 1964.
- 3.Subs. by sec. 36(2) of U. P. Act no. 27 of 1964.
- 4.Ins. by sec. 36(3) of U. P. Act no. 27 of 1964.
- 5.Subs. by sec. 36(4) of U. P. Act no. 27 of 1964.
- 6.Subs. by sec. 36(4) of U. P. Act no. 27 of 1964.