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Report No. 154

5. Qualifications and disqualifications for nomination as member.-

(1) No person shall be eligible for nomination member unless,-

(a) he has completed the age of thirty years,

(b) he is either a graduate in law or a graduate of any recognised University or a well-known social worker or a person having good reputation.

(2) A person who has been convicted by Criminal Court,

(i) for an offence under the Andhra Pradesh Prohibition Act, 1995 (Act 17 of 1995);

(ii) for an offence under the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955); or

(iii) for any other offence involving moral turpitude; shall be disqualified for nomination or to continue as a member.

(3) A person shall also be disqualified for nomination or to continue as member, if he is,-

(i) of unsound mind and stands so declared by a competent court;

(ii) a deaf-mute;

(iii) applicant to be adjudicated as an insolvent or an undischarged insolvent; or

(iv) a person against whom proceedings are pending in a Criminal Court.

6. (1) There shall be a Nyayapalaka for one or more Nyaya Panchayats, who shall possess the qualifications specified in sub-section (2) and shall be nominated by the District Magistrate, in consultation with the District and Sessions Judge.

(2) No person, shall be qualified for nomination as Nyayapalaka unless he is,-

(a) a retired judicial officer; or

(b) a person who has held any post under the Government and who had, exercised magisterial powers for not less than three years; or

(c) a person who has held any post under the Government and has passed Criminal Judicial and Civil Judicial tests conducted by the Andhra Pradesh Public Service Commission; or

(d) a person who has served as a member of the Nyaya Panchayat for not less than three years.

(3) The Nyayapalaka shall assist and advise the Nyaya Panchayat or Panchayats to which he is nominated on any two days in a week mutually agreed upon by him and the Nyaya Panchayat concerned it as often as his services are required by the Nyaya Panchayat concerned and mutually agreed upon by him and the Nyaya Panchayat.



The Code of Criminal Procedure, 1973 Back




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