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State of Gujarat - Section

Section 6 in Gujarat Panchayats (Second Amendment) Act, 1963

6. Insertion of sections 22A and 22B of Guj. VI of 1962.- After section 22 of the principal Act, the following sections shall be inserted, namely:-

"22A. Restriction on ??? or double membership.- (1) No person shall, save as expressly Authorised by this Act, be a member of two or more panchayats.
(2)No person while holding office in a panchayat in capacity as ex officio, elected or co-opted member, shall, save as expressly authorised by this Act, be eligible for holding office in the same panchayat in a capacity other than the capacity in which he is already holding office.
(3)If any person, is simultaneously chosen as a member of two or more panchayats or as a member in different capacities in the same panchayat, then unless such membership is expressly authorised by this Act, the person shall within ten days from the date or the later of the dates on which he is so chosen, intimate to the competent authority one of the panchayats in which or, as the case maybe, one of the capacities in which he wishes to serve and thereupon his seat in the panchayat or, as the case may be, the capacity other than the one in which he wishes to serve shall become vacant.
(4)Any intimation given under sub-section (3) shall be final and irrevocable.
(5)In default of such intimation within the aforesaid period the competent authority shall determine the seat which he shall retain and thereupon the remaining seats from which he was chosen shall become vacant.
(6)
(a)Any person who holds on the date of the commencement of the Gujarat Panchayats (Second Amendment) Act, 1963 (Guj. LIII of 1933) more offices than one simultaneously and the holding of such offices is not consistent with sub-flection (1), such person shall within a period of thirty days from the said date intimate to the competent authority one of the panchayats in which or, as the case may be, one of the capacities in which, he wishes to serve and thereupon his seat in the panchayat or, as the case may be, the capacity other than the one in which he wishes to serve shall become vacant.
(b)Any intimation given under clause (a) shall be final and irrevocable.
(c)In default of such intimation within the aforesaid period the competent authority shall determine the seat which he shall retain and thereupon the remaining seats from which he was chosen shall become vacant.