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State of Andhra Pradesh - Section

Section 252 in Andhra Pradesh Panchayat Raj Act, 1994

252. Oath of allegiance.

(1)Every person who is elected to be the Sarpanch or member of a Gram Panchayat or the President or member of a [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] or the Chairperson or member of a [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] shall, before taking his seat make, at a special meeting or any other meeting of the Gram Panchayat, [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] or the [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.], as the case may be, an oath or affirmation of his allegiance to the Constitution of India in the form prescribed.
(2)Any such Sarpanch, President or Chairperson or member who fails to make, within three months of the date on which his term of office commences, or at one of the first three meetings held after the said date, whichever is later, the oath or affirmation laid down in sub-Section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.
(3)No such Sarpanch, President or Chairperson or member shall take his seat at a meeting of the Gram Panchayat, [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] or, as the case may be, of the [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] or do any act as such member unless he has made the oath or affirmation as laid down in this Section.
(4)Where a person ceases to hold office under sub-Section (2), the Executive Officer, the [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] Development Officer, or as the case may be, the Chief Executive Officer, shall report the same to the Gram Panchayat, [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] or the [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] at its next meeting and on application of such person made within thirty days of the date on which he has ceased to be Sarpanch, President or Chairperson or member under that sub-Section, the Gram Panchayat, [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] or the [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] may grant him further time which shall not be less than four months and not more than nine months for making the oath or affirmation and if he makes the oath or affirmation within the time so granted, he shall, notwithstanding anything in this Act, continue to hold his office.
(5)Where on an application made by a person who ceases to hold office under sub-Section (2), the Government are satisfied that such person for reasons beyond his control, has not been able to make the oath or affirmation within the period specified in sub-Section (2) or within further time, if any, granted to him under sub-Section (4), they may, by an order, grant such further time as they deem fit to the person to make the oath or affirmation. If such person makes the oath or affirmation within the time granted he shall, notwithstanding anything in this Act, continue to hold his office.