Section 5   [ View Judgements ]

Substitution of Section 38.


For Section 38 of the principal Act, the following Section shall be substituted, namely:—



"38. Disqualification of members.— (1) A member convicted of an offence as described under sub-section (1) of Section 37 shall be disqualified, where the convicted member is sentenced to—



(i) only fine, for a period of six years from the date of such conviction;

(ii) imprisonment, from the date of such conviction and shall continue to

be disqualified for a further period of six years since his release.



(2) A member convicted of any offence and sentenced to imprisonment for not less than two years other than any offence referred to in sub-section (1) of Section 37 shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.



(3) Subject to the provisions of Section 41, a member shall cease to hold office as such, if he —



(a) becomes of unsound mind, or a deaf-mute;



(b) applies to be adjudicated, or is adjudicated, as an insolvent;



(c) acquires any interest in any subsisting contract made with or any work being done for, any panchayat except as a shareholder (other than a director) in a company or except as permitted by Rules made under this Act.



(d) is employed as paid legal practitioner on behalf of the panchayat or as legal practitioner against any panchayat;



(e) is found that he does not belong to Scheduled Caste or Scheduled Tribe, but has been elected from the seat reserved for Scheduled Caste or Scheduled Tribe;



(f) is appointed as an officer or servant under this Act;



(g) ceases to reside in the village, panchayat union or the district, as the case may be;



(h) fails to pay arrears of any kind due by him, (otherwise than in fiduciary capacity) to a panchayat within three months after such arrears became due; or



(i) absents himself from the meetings of the panchayat for a period of three consecutive months reckoned from the date of the commencement of his term of office, or of the last meeting which he attended, or of his restoration to office as member under sub-section (1) of Section 39, as the case may be, or if within the said period, less than three meetings have been held, absents himself in the three consecutive meetings held after the said date:



Provided that no meeting from which a member absented himself shall be counted against him under this clause if—



(i) due notice of that meeting was not given to him; or (ii) the meeting was held after giving shorter notice than that pres- cribed for an ordinary meeting; or (iii) the meeting was held on a requisition of members".

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