Section 39 in The Gujarat Municipalities Act, 1963
39. Leave of absence.
(1)Any councillor who during his term of office-(a)absents himself for more than three consecutive months from the municipal borough unless leave not exceeding four months so to absent himself has been granted by the municipality, or(b)absents himself for four consecutive months from the meetings of the municipality without the leave of the municipality, shall cease to be a councillor and his office shall be vacant.(2)In every case, the authority competent to decide whether a vacancy has or has not occurred under this section shall be the Collector. The Collector may give his decision either on an application made to him by any person or on his own motion after giving the councillor a reasonable opportunity of being heard.(3)Whenever leave is granted under sub-section (1) to a councillor who is a vice-president, another member shall be elected to perform all the duties and exercise all the powers of the vice-president during the period for which such leave is granted.
