Bare ActsThe Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

Section 40

Disqualification of Councillors during term of office

Amendment status not verified — confirm the current text below against the official source.

Disqualification of Councillors during term of office.— (1) Subject to the provisions of sub-section (2) of section 62, if any Councillor during the term of his office— (a) becomes disqualified under sub-section (1) 1[or (4)] of section 16, or (b) is, for a period of six consecutive months (excluding in the case of the presiding authority the period of leave duly sanctioned) without the permission of the Zilla Parishad, absent from meetings thereof 2[or is absent from such meeting for a period of twelve consecutive months], the office of such Councillor shall, notwithstanding anything contained in clause (c) 3* * * * * of sub-section (1) of section 9, become vacant. 4* * * * * * 5[(2) If any question whether a vacancy has occurred under this section is raised either by the Commissioner suo motu or on an application made to him by any person in that behalf, the Commissioner shall decide the question 6[as far as possible] within ninety days from the date of receipt of such application; and his decision thereon shall be final. Until the Commissioner decides that the vacancy has occurred, the Councillor shall not be disabled from continuing to be a Councillor: Provided that, no decision shall be given against any Councillor without giving him reasonable opportunity of being heard.]

Section 40 – The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 | DailyLaw.ai