Uttarakhand act 012 of 2005 : Uttaranchal (The Uttar Pradesh Nagar Nigam Act, 1959) Adaptation and Modification Order, 2002 (Third Amendment) Act, 2005

Section 1. Short Title

1. Short Title.- This Act may be called the Uttaranchal (The Uttar Pradesh Nagar Nigam Act, 1959) Adaptation and Modification Order, 2002 (Third Amendment) Act, 2005.

Section 2. Amendment of Section 15 of the Uttaranchal (The Uttar Pradesh Nagar Nigam Act, 1959)

2. Amendment of Section 15 of the Uttaranchal (The Uttar Pradesh Nagar Nigam Act, 1959).- In clause (b) of sub-section (1) of section 15 of the Uttaranchal (The Uttar Pradesh Nagar Nigam Act, 1959) Adaptation and Modification Order, 2002 (hereinafter referred to as Principal Act) following clauses shall be substituted, namely-

"(b) the term of office of Deputy Mayor shall be for period of two years and six months from the date of his election or the residue of his term as a Corporator, whichever is less.

(c) The provisions of clause (b) shall also apply to a Deputy Mayor, who is declared elected in his last election."

Section 3. Amendment of Section 16 of the Principal Act

3. Amendment of Section 16 of the Principal Act.- In Section 16 of the Principal Act the following shall be substituted namely-

Removal of Mayor and Deputy Mayor (1) Where the State Government has reason to believe that-

(a) There has been any default on the part of the Mayor or Deputy Mayor in the discharge of his duties;

(b) The Mayor or Deputy Mayor has-

(i) Acquired any disqualification mentioned in section 11 and 25; or

(ii) Intentionally earned any share or interest, whether financial or otherwise, directly or indirectly by him or on his behalf or by any partner in any contract with the Nagar Nigam or any employment in the Nagar Nigam under section 463; or

(iii) As a Mayor or Deputy Mayor or Corporator intentionally worked in any such matter in which he or his partner has directly or indirectly has any share or interest, whether financial or otherwise or had professional interest on behalf of any client, owner or any other person; or

(iv) Against the Nagar Nigam or the State Government attended as a Lawyer and worked on behalf of any individual in any suit or other legal proceedings in connection with any nazul land under the management of the Nagar Nigam, worked or attended any criminal proceeding on behalf of any such person against whom any criminal proceeding has been instituted by him or the Nagar Nigam; or

(v) Has vacated his usual place of residence under municipal area of the Nagar Nigam, or

(vi) Has been guilty of misconduct in discharge of his duties; or

(vii) Has grossly misused his office as Mayor or Deputy Mayor during the current or earlier term of the Nagar Nigam acting as Chairman or Corporator or in any other capacity whatsoever, during any period or intentionally acted in contravention of any provision of this Act, or any rule, regulation or by law or caused such damage or loss to the fund or the property of the Nagar Nigam which disqualifies him to continue as Mayor or Deputy Mayor; or

(viii) He is guilty of any other misconduct whether such act has been done as a Mayor or Deputy Mayor or Corporator; or

(ix) Has acted against the interest of the Nagar Nigam; or

(x) Has obstructed any meeting of the Nagar Nigam in such manner that the conduct of the meeting becomes impossible or abetted any one to do so; or

(xi) Has intentionally acted in contravention of any order or direction of the State Government issued under this Act; or

(xii) Misbehaved with the officers or employees of the Nagar Nigam without any valid reason; or

(xiii) Disposed of any property of the Nagar Nigam for a price less than its market value; or

(xiv) Encroached upon any land, building or any other immovable property of the Nagar Nigam or assisted or abetted any other person for such an encroachment.

The State Government any require him to show cause within the period specified in the notice that why he should not be removed from his post.

(2) The State Government after considering the explanation submitted by the Mayor or Deputy Mayor or after such inquiry as may be deemed necessary recording the reasons may remove the Mayor or Deputy Mayor from such post.

(3) Any order issued by the State Government under sub-section (2) shall be final and no objection shall be raised against it in any court of law.

(4) The Mayor or Deputy Mayor removed under sub-section (2) shall not remain even as Corporator and shall not be eligible for re-election a Mayor or Deputy Mayor for a period of 5 years from the date of his removal on any ground under clause (a) and (b) of sub-section (1).

Section 4. Amendment of Section 51 of the Principal Act

4. Amendment of Section 51 of the Principal Act.- In section 51 of the Principal Act:-

(a) The following sub-section shall be substituted for sub-section (2), namely-

"(2) The Deputy Mayor shall be ex-officio Chairman of the Executive Committee."

(b) Sub-section (3) shall be omitted.