Local Government Act, 1941

Removal from office by appropriate Minister.

25.—(1) For the purposes of this section, the following shall be the statutory grounds for the removal of the holder of an office from such office, that is to say:—

(a) unfitness of such holder for such office,

(b) the fact that such holder has refused to obey or carry into effect any order lawfully given to him as the holder of such office, or has otherwise misconducted himself in such office,

and, in this section, the expression “statutory grounds for removal from office” shall be construed accordingly.

(2) Where the appropriate Minister is satisfied as a result of any local inquiry that any of the statutory grounds for removal from office exists as regards the holder of an office, the appropriate Minister may by order remove such holder from such office.

(3) Where the appropriate Minister is of opinion that any of the statutory grounds for removal from office exists as regards the holder of an office, the appropriate Minister may send by post to such holder at the principal office of the local authority under which such holder holds such office a notice in writing stating the said opinion, and if the appropriate Minister, after the expiration of seven days from the sending of such notice and after consideration of the representations (if any) made to him by such holder, remains of the said opinion, he may by order remove such holder from such office.

(4) Where the holder of an office is convicted of an offence which, in the opinion of the appropriate Minister, renders him unfit for such office, the appropriate Minister may by order remove such holder from such office.