Section 40 in The Maharashtra Village Panchayats Act, 1959
40. Leave of absence.
(1)Any member of a panchayat who, during his term of office,-(a)is absent for more than four consecutive months from the village, [(such absence not being on account of his being a Chairman or Deputy Chairman of a panchayat Samiti)] [These brackets and words were inserted by Maharashtra 43 of 1962, Section 26, Schedule.], unless leave not exceeding six months so to absent himself has been granted by the panchayat, or(b)absents himself for six consecutive months from the meetings of the panchayat, without the leave of the said panchayat,shall cease to be a member and his office shall be vacant.(2)[ If any question whether a vacancy has occurred under this section is raised by the. President of Zilla Parishad suo motu or an application made to him in that behalf, the President shall as far as possible decide the question within sixty days from the date of receipt of such application. Until the President decides the question, the member shall not be disabled from continuing to be a member of the panchayat. Any person aggrieved by the decision of the President may, withia fifteen days from the date of such decision, appeal to the State Government, and the decision of the State Government in appeal shall be final:Provided that, no decision shall be given under the sub-section by the President against any member without giving him a reasonable opportunity of being heard.] [Sub-section (2) was substituted for the original by Maharashtra 36 of 1965, Section 21.](3)Whenever leave is granted under sub-section (1) to a member who is an Upa-Sarpanch another member shall, subject to the conditions to which the election Upa-Sarpanch so absenting himself was subject be elected to perform all the duties and exercise all the powers of an Upa-Sarpanch during the period for which such leave is granted.
