Disqualification for members.

167. Disqualification for members. - (1) A person shal l be disqualified for being chosen and for being member of a Zilla Panchayat, - (a) if he is so disqualified by or under any law for the time being in force for the purposes of the elections to the State Legislature: Provided that no person shall be disq ualified on the ground that he is less than twenty five years, if he has attained the age of twenty -one years. (b) if he has been sentenced by a criminal court to imprisonment for a term exceeding three months in respect of an offence under the Karnataka Excise Act , 1965 (Karnataka Act 21 of 1966), such sentence not having been subsequently reversed or quashed or the offence pardoned; or (c) if an order has been passed against him under section 117 of the Code Of Criminal Procedure, 1973 (Central Act 2 of 1974) in proceedings instituted under section 110 of that code, such order not having been subsequently reversed or quashed ; or (d) if he has been dismissed from service under any local authority; or 2[(d-1) if he has been subject to compulsory re tirement or removal or dismissal from the service of the Central Government or the State Government; or. (d-2) “if he has been subject to compulsory retirement or removal or dismissal from the service of the Co -operative Society and institutions or if, h e has been removed from the post of Chairperson and membership of the Co -operative society and institutions; or]2 (e) if having been a legal or medical practitioner or a chartered accountant has been disenrolled or suspended by order of a competent autho rity, 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 office as are declared by rules made under this Act not to disqualify the holder; or Explanation .- For the purpose of this clause a perso n shall not be deemed to hold an office of profit under the Zilla Panchayat, Taluk Panchayat or Grama Panchayat by reason only that he is an Adhyaksha or Upadhyaksha of Zilla Panchayat, Taluk Panchayat or Grama Panchayat. (h) if save as hereinafter provi ded, he has directly or indirectly any share or interest in any work done by order of the Zilla Panchayat or in any contract or employment with or under, or by, or on behalf of, the Zilla Panchayat 1[or if he is either directly or indirectly by himself or by his partner or agent or employee involved in obtaining or execution of any such work or contract on behalf of the Zilla Panchayat or of any contract for the supply of any goods and services to the Zilla Panchayat; or]1 2. Inse rted by Act 19 of 2022 w.e.f. 05 .04.2022. (i) if he employed as a paid legal practitioner on behalf of the Zilla Panchayat or accepts employment as legal practitioner against the Zilla Panchayat; or 1[(j) if he does not have a sa nitary latrine for the use of the members of his family: 2[Provided that nothing in this clause shall apply to a person, if at the time of filing his nomination he gives an undertaking to construct within one year from the date of 127 commencement of his term of office as a member, a sanitary latrine for the use of the members of his family and also complies with such undertaking after becoming a member.]2]1 1[(J-1) If he is disqualified under section 308 C or;]1 1[(k)]1if he is disqualified under the Karnataka Local Authorities (Prohibition of Defection ) Act, 1987; 1. Renumbered by Act 29 of 1997 w.e.f. 20.10.1997. 1[(l) if he is found guilty, directly involved in any act of misuse or abuse of power or authority as member of the panchayat in executing any scheme, plan or project of the panchayat or of misappropriation of funds or other assets of the panch ayat during the term of his membership or while holding any office of panchayat.]1 Provided that, - (a) the disqualification in clause (c) will cease to operate after the expiry of the peri od during which a person is ordered to furnish security; (b) the disqualification in clause (b), (d), or (e) will cease to operate after the expiry of five years from the date of such sentence or dismissal or disenrollment or removal by an order of the Go vernment; (c) the disqualification in clause (f) will cease after the expiry of five years from the date of such removal; 1[(cc) the disqualification under clause (j -1) will cease to operate after the expiry of 2[six years ]2 from the date of order by t he State Election Commission under section 308C.]1 (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 Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960) or in any co -operative society which shall contract with or be employed by or on behalf of the Zilla Panchayat, or (ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Zilla Panchayat is inserted, or (iii) holding a debenture or being otherwise concerned in an y loan raised by or on behalf of the Zilla Panchayat. 1[(e) the disqualification under clause ( 1) shall cease to operate after the expiry of six years from the date of the order.]1 1[(2) If a person who is chosen as a member of a Zilla Panchayat is or becomes a 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 a 128 Municipal Corporation or a Councillor of a Town Panchayat, or a member of a Taluk Panchayat or a Grama Panchayat then at the expiration of a period of fifteen days from the date of notification of the names of the members under section 172, or as the case may be, within fifteen days from the date of commencement of 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 a Municipal Councillor or a Councillor of a Muni cipal Corporation or a Councillor of a Town Panchayat or a member of a Taluk Panchayat or Grama Panchayat, his seat in the Zilla Panchayat shall become vacant unless he has previously resigned his seat in the House of the People, the Council of States, th e State Legislative Assembly or the State Legislative Council or the Municipal Council or the Municipal Corporation or Town Panchayat or Taluk Panchayat or Grama Panchayat as the case may be.]1