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101. Disqualification for Memberships.

(1) A person shall be disqualified for being chosen and for being a member of a Gram Panchayat or Zilla Parishad,

(a) if he has not attained the age of twenty-one years;

(b) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the State Legislatures;

(c) if an order has been passed against him under section 117 of the Code of Criminal Procedure, 1973 (2 of 1974), in proceedings instituted under section 110 of the Code, such order not having been subsequently revised or quashed; or

(d) if he has been dismissed from the service under any local authority; or

(e) if, having been a legal or medical practitioner or a chartered accountant, his name has been removed from the rolls or he is suspended by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or

(f) if he has been removed from membership of any local authority; or

(g) if he holds any office of profit under any local or other authority subject to the control of the Central Government, the State Government or the Government of any other State, other than such offices as are declared by rules made under this Act not to disqualify the holder.

Explanation.

For the purpose of this clause, a person shall not be deemed to hold any office of profit under the Gram Panchayat or Zilla Parishad by reason only that he is a Pradhan orUp-Pradhan of the Gram Panchayat or an Adhyaksha or Up-Adhyaksha of Zilla Parishad;

(h) if, save as hereinafter provided he has directly or indirectly any share or interest in any work done by order of the Gram Panachayat or the Zilla Parishad or in any contract or employment with, or under, or by, or on behalf of the Gram Panachayat or the Zilla Parishad; or

(i) if he is employed as a paid legal practitioner on behalf of the Gram Panchayat or the Zilla Parishad or accepts employments as legal practitioner against the Gram Panchayat or Zilla Parishad; or

(j) if arrears of any kind are due by him to the Gram Panchayat or the Zilla Parishad under this Act:

Provided that,

(a) the disqualification in clause (b) shall cease to operate after the expiry of the period during which a person is ordered to furnish security;

(b) the disqualification in clause (d) or clause (e) shall cease to operate after the expiry of five years from the date of such sentence or dismissal, or disenrolment or earlier by an order of the Government;

(c) the disqualification in clause (f) shall cease to operate after the expiry of five years from the date of such removal;

(d) a person shall not be deemed to have incurred disqualification under clause (h) by reason of his,

(i) having a share in any joint stock company or a share or interest in any association registered under the Manipur Societies Registration Act, 1989 (1 of 1990) in any co-operativesociety, which shall contract with or be employed by or on behalf of the Gram Panchayat or the Zilla Parishad; or

(ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Gram Panchayat or the Zilla Parishad is inserted; or

(iii) holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Gram Panchayat or the Zilla Parishad.

(2) If any question arises as to whether a member of a Panchayat at any level has become subject to any of disqualification mentioned in sub-section (1), the question referred for the decision of Election Tribunal.

(3) If a person who is chosen as a member of a Panchayat is or becomes Member of the House of the People, the Council of States, the State Legislative Assembly or the State Legislative Council, or is or becomes a Municipal Councillor or a Councillor of Municipal Corporation or a Member of a Sanitary Board, and other Panchayat, then within fifteen days from the date of commencement of the term of office of a Member of the House of the People, the Council of States, the State Legislative Assembly or State Legislative Council or of a Municipal Councillor or a Councillor of a Municipal Corporation or a Member of such other Panchayat his seat in the Panchayat shall become vacant unless he has previously resigned his seat in the House of the People, the Council of States, the State Legislative Assembly or the State Legislative Council or the Municipal Corporation of the Board or such other Panchayat, as the case may be.



Manipur Panchayati Raj Act, 1994 Back




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