Disqualifications of members. - * (1) Subject to the provisions of section 36, or section

102 a member shall cease to hold office as such, if he -

33[(a) is found guilty as described under clause (b) of sub-section (1) of section 34 or is sentenced for such an offence; or] (b)has been adjudged to be of unsound mind; or (c)has voluntarily acquired the citizenship of a foreign State; or 31 32 33 Inserted by Act 11 of 1999.

13 of 1999.

• • Amended by Act (d)has been sentenced by a criminal court for any electoral offence punishable under section 136 [...........] Section 138 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualification; or (e)has applied to be adjudicated, or is adjudicated, an insolvent; or (f)acquires any interest in any subsisting contract made with, or work being done for, the Government or the panchayat concerned except as a shareholder (other than a director) in a company or except as permitted by rules made under this Act: Explanation. - A person shall not, by reason of his having a share or interest in any newspaper in which any advertisement relating to the affairs of the Government or the panchayat concerned may be inserted or by reason of his holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Government or the panchayat, be disqualified under this clause; or (g)is employed as a paid legal practitioner on behalf of the Government or the panchayat concerned; or (h)ceases to reside within the area of the panchayat concerned; or (i)is debarred from practising as an Advocate or Vakil; or (j)is in arrears any kind due by him (otherwise than in a fiduciary capacity) to the Government or the panchayat concerned upto and inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein has expired; or (k)absents himself without the permission of the panchayat concerned from its meetings or the meeting of the standing committee thereof for a period of three consecutive months reckoned from the date of commencement of his term of office or of the last meeting that he attended, or of the restoration to office as member under sub-section (1) of section, 37. as the case may be, or if within the said period, only in less than three meetings of the panchayat or of the Standing Committee as the case may be, have been held, absents himself from three consecutive meetings held after the said date;] Provided that no meeting from which a member absented himself shall be counted against him under this clause if, - (i)due notice of that meeting was not given to him; or than that prescribed for an ordinary meeting; or (ii)the meeting was held after giving shorter notice than that prescribed for an ordinary meeting; or (iii)the meeting was held on a requisition of members; or 36[Provided further that no permission shall be granted by the Panchayat to a member for absenting himself from meetings of the Panchayat or of the Standing Committee for a continuous period of more than six months.] (l)is disqualified under any provisions of the Constitution or under any law for the time being in force for the purpose of election to the Legislature of the State; or Omitted by Act 7 of 1995 Amended by Act 13 of 1999. Ibid (m)is disqualified under any other provision of this Act. 37(n) has been disqualified under the provision of Kerala Local Authorities (Prohibition of Defection) Act, 1999; or (o)is liable for the loss, waste or misuse caused to the panchayat; (p)has failed, twice consecutively to convene the meetings of the Grama Sabha, due once in three months of which he is the convenor; or (q)has failed to file declaration of his assets within the time limit prescribed under section 159] *[(2) Notwithstanding anything contained in clause (q) of sub-section (1), a member, who had committed default in filing a statement regarding assets and liabilities within the time limit specified under Section 159 on the date on which the Kerala Panchayat Raj (Amendment) Act, 2007 came into force, shall not be deemed to be disqualified, if he files such statement before the concerned authority within 90 days from the date on which the said Act came into force.]

38 [35A, Cessation of membership. — No. member of a panchayat shall be a

member of the Parliament or of the State Legislature at the same time and accordingly he shall cease to hold the office as a member of the Panchayat. - (a)where a person elected as a member of the panchayat has been a member of the parliament or of the Legislature before assuming his office and has not resigned the membership thereof or; (b)where a member of the Panchayat who is elected or nominated as a member of the Parliament or of the State Legislature on assuming such office]