Local Government Act, 1941

Requisition to resign from office.

24.—(1) Where the appropriate Minister is satisfied—

(a) that the holder of an office does not possess a qualification which before the appointment of such holder to such office, has been declared under this Part of this Act to be a qualification for such office, or

(b) that, on account of any alteration (whether it has already occurred or is in contemplation) in the conditions of service or the nature or extent of the duties attached to such office, it is in the public interest that the holder of such office should resign therefrom,

the appropriate Minister may require the holder of such office to resign within a specified period and, if such holder refuses to resign from such office or fails to resign from such office within the said period, may by order remove such holder from such office.

(2) Subject to the provisions of the next following sub-section of this section every holder of an office who is required under this section to resign from such office within a specified period and has complied with such requirement in that period or has been removed from such office under this section shall, for the purposes of any enactment relating to superannuation or compensation for loss of office, be deemed to have been removed from such office for a cause other than misconduct or incapacity.

(3) The provisions of the immediately preceding sub-section of this section shall not have effect in either of the following cases, that is to say:—

(a) where the holder of an office is required under this section to resign therefrom by reason of his not possessing a qualification declared under this Part of this Act before his appointment to such office to be a qualification therefor;

(b) where—

(i) the holder of an office (in this paragraph referred to as the first office) is required under this section to resign therefrom within a specified period, and

(ii) such holder either complies with such requirement in that period or is removed from the first office under this section, and

(iii) the relevant local authority, before such resignation or removal (as the case may be) from the first office, offers to appoint such holder to another office the salary and emoluments of which are not less than those of the first office, and

(iv) such holder, before his resignation or removal (as the case may be) from the first office, refused or failed to accept such appointment, and

(v) the position of such holder would, in the opinion of the Minister, not be materially altered to his detriment if he were transferred from the first office to such other office.

(4) For the purposes of the application of this section to a person holding office immediately before the commencement of this section, every (if any) qualification which was prescribed under the Act of 1926 for such office before the appointment of such person thereto shall be deemed to have been declared under this Part of this Act before such appointment to be a qualification for such office.