Local Government Act, 1941

Suspension of officers.

27.—(1) Whenever in respect of the holder of an office under a local authority there is, in the opinion of such local authority or of the appropriate Minister, reason to believe that such holder has failed to perform satisfactorily the duties of such office or has misconducted himself in relation to such office or is otherwise unfit to hold such office, such local authority or the appropriate Minister (as the case may be) may suspend such holder from the performance of the duties of such office while such alleged failure, misconduct, or unfitness is being inquired into and the disciplinary action (if any) to be taken in regard thereto is being determined.

(2) The appropriate Minister may terminate a suspension under this section and every such suspension shall continue until so terminated.

(3) Whenever the holder of an office under a local authority is suspended under this section, he shall forthwith hand over to such local authority all books, deeds, contracts, accounts, vouchers, maps, plans and other documents in his possession, custody, or control which relate to such office.

(4) The holder of an office who is suspended under this section shall not be paid any remuneration in respect of such office during the continuance of his suspension and, upon the termination of his suspension, the remuneration which he would, had he not been suspended, have been paid during the period of suspension shall be wholly or partly forfeited, or paid to him, or otherwise disposed of, as the appropriate Minister shall direct.

(5) Nothing in this section shall be construed as removing any restriction under any enactment in force immediately before the commencement of this section or coming into force at the same time as such commencement on the exercise of the power to suspend a city manager or a county manager.

(6) Section 11 of the Act of 1926 shall cease to have effect in relation to officers and servants of local authorities.