Disqualification for members.

12. Disquali fication for members. - A person shall be disqualified for being chosen and for being a member of a Grama 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 Legislatures: Provided that no person shall be disqualified on the ground that he is less than twenty -five years, if he has attained the age of twenty -one year. (b) if he has been sentenced by a criminal court to imprisonment for a term exceeding three months in respe ct 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 Crimi nal Procedure, 1973 (Central Act 2 of 1974) in proceedings instituted under section 110 of the 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 retirement 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 So ciety and institutions or if, he 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 he has been disenrolled or suspe nded 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; or 49 Explanation. - For the purpose of this clause, a person shall not be deemed to hold an office of profit under the Grama Panchayat by reason only that he is an Adhyaksha or Upadhyaksha of the Grama Panchayat. (h) if, save as hereinafter provided he has directly or indirectl y any share or interest in any work done by order of the Grama Panchayat, or in any contract or employment with, or under, or by, or on behalf of, the Grama Panchayat 1[or if he is either directly or indirectly by himself or by his agent, partner or employ ee involved in obtaining or execution of any such work or contract on behalf of the Grama Panchayat or of any contract for the supply of goods and services to the Grama Panchayat;]1or 2. Ins erted by Act 19 o f 2022 w.e.f. 05 .04.2022. (i) if he is employed as paid legal practitioner on behalf of the Grama Panchayat or accepts employment as legal practitioner against the Grama Panchayat; or 1[(j) if he does not have a sanitary latrine for the use of the memb ers of his family: 1[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 commencement of his term of office as a member, a sanitary latrine for the use of members of his family and also complies with such undertaking after becoming a member]1]1 1[(k)]1 if arrears of any kind are due by him to the Grama Panchayat under this Act: 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 proje ct of the panchayat or of misappropriation of funds or other assets of the panchayat during the term of his membership ]1 2[or while holding any office of panchayat.]2 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016 Provided that, - (a) the disqualification in clause (c) will cease to operate after the expiry of the period during which a person is ordered to furnish security; (b) the disqualification in clauses (b), (d), or (e) will cease to operate after the expiry of 1[six years]1 from the date of such sentence or dismissal , or disenrollment or earlier by an order of the Government; (c) the disqualification in clause (f) will cease to operate after the expiry of 1[six years]1 from the d ate 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 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 Grama Panchayat; or (ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Grama Panchayat is inserted; or 50 (iii) holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Grama Panchayat. 1[(e) the disqualification under clause (l) shall cease to operate after the expiry of six years from the date of the order.]1