(1) Where a person ceases to be a member under Section 35 or 1[sub-section(1) or sub-section(2) of Section 38], such person shall be restored to office for such portion of the period for which such person was elected, as may remain unexpired at the date of such restoration, if and when the conviction or sentence is annulled on appeal or revision; and any person elected to fill the vacancy in the interim, shall on such restoration, vacate office.
(2) Where a person ceases to be a member 2[under clause (i) of sub-section(3) of Section 38], the Executive Authority or the Commissioner or the 3[Secretary] as the case may be, shall, at once intimate the fact in writing to such person and report the same to the Panchayat concerned at its next meeting. If such person applies for restoration suo motu to the Panchayat concerned on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, such Panchayat may at the meeting next after the receipt of such application restore him to his office of member:
Provided that a member shall not be restored more than twice during his term of office.
1. Substituted for the expression “clause (a) or clause (b) of Section 38" by Tamil Nadu Act 39 of 2008.
2. Substituted for the expression "under clause (j) of Section 38" by Tamil Nadu Act 39 of
2008.
3. Substituted for the words “Chief Executive Officer” by Tamil Nadu Act 28 of 1998.