Disqualification of

The Gujarat Panchayats Act, 1961

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Statutory text

(1) No person shall be a member of a panchayat or continue as such who—
- (a) has whether before or after the commencement of this Act, been convicted—
  - (i) of an offence under the Protection of Civil Rights Act, 1955 or under the Bombay Prohibition Act. 1949, unless a period of five years, or such lesser period as the State Government may allow in any particular case, has elapsed since his conviction; or
  - (ii) of any other offence and been sentenced to imprisonment for not less than six months, unless a period of five years, or such lesser period as the State Government may allow in any particular case, has elapsed since his release; or
- (b) has been adjudged by a competent court to be of unsound mind; or
- (c) has been adjudicated an insolvent and has not obtained his discharge; or
- (d) has been removed from any office held by him in any panchayat under any provision of this Act after the commencement of this Act under the Gujarat Panchayats Act, 1961 and a period of five years has not elapsed from the date of such removal, unless he has, by an order of the State Government notified in the Official Gazette been relieved from the disqualification arising on account of such removal from office; or
- (e) has been disqualified from holding office under any provision of this Act and the period for which he was so disqualified has not elapsed; or
- (f) holds any salaried office or place of profit in the gift of disposal of any panchayat, other than an office of President or Vice-President of a panchayat or of a Chairman of any Committee of a panchayat, while holding such office or place; or
- (g) has directly or indirectly, by himself or his partner, any share or interest in any work done by order of the panchayat, or in any contract with, by or on behalf of, or employment with or under the panchayat; or
- (h) has directly or indirectly, by himself or, his partner any share or interest in any transaction of loan of money advanced to or borrowed from any officer or servant of any panchayat; or
  - (i) fails to pay any arrears of any kind due by him to the panchayat or any panchayat subordinate thereto or any sum recoverable from him in accordance with Chapter X of this Act, within three months after a special notice in accordance with the rules made in this behalf has been served upon him; or
- (j) is a servant of the Government or a servant of any local authority; or
- (k) has voluntarily acquired the citizenship of a Foreign State or is under any acknowledgement of allegiance or adherence to a Foreign State; or
- (l) is disqualified under any other provision of this Act, and the period for which he was so disqualified has not elapsed. Explanation 1.—A person shall not be disqualified under clause
- (g) for membership of a panchayat by reason only of such person—
- (a) having share in any joint stock company or a share or interest in any society registered under any law for the time being in force which shall contract with or be employed by or on behalf of any panchayat; or
- (b) having a share or interest in any newspaper in which any advertisement relating to the affairs of any panchayat may be inserted; or
- (c) holding a debenture or being otherwise concerned in any loan raised by or on behalf of any panchayat; or
- (d) being professionally engaged on behalf of any panchayat as a legal practitioner; or
- (e) having any share or interest in any lease of immovable property in which the amount of rent has been approved by the taluka panchayat in the case of a village panchayat, or by the taluka panchayat or by the district panchayat in its own case or in any sale or purchase of immovable property or in any agreement for such lease, sale or purchase; or
- (f) having any share or interest in the occasional sale to the panchayat of any article in which he regularly trades or in the purchase from the panchayat of any article, to a value in either case not exceeding in any year one thousand rupees; or
- (g) merely being a relative of a person in employment with or under or on behalf of the panchayat. Explanation 2.—For the purpose of clause (i)
  - (i) a person shall not be deemed to be disqualified if he has paid the arrears or the sum referred to in clause
  - (i) of this sub-section, prior to the day prescribed for the nomination of candidates;

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