Disqualifications for becoming a member and continuing as a member

The Orissa Panchayat Samiti Act, 1959

Infrastructure195986 sections1 chapters

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Chapter VII MISCELLANEOUS

Statutory text

(1) A shall not be eligible to stand for election under sub-section (2) of section 16 if he-
- (a) * * * * * *
- (b) is not ordinarily residing within the Block ; or
- (c) is of unsound mind ; or
- (d) is an applicant to be adjudicated as an insolvent or is an undischarged insolvent ; or
- (e) is a deaf-mute or is suffering from leprosy or tuberculosis ; or
- (f) is convicted of an election offence under any law for the time being in force ; or
- (g) is not a citizen of India ; or
- (h) is convicted for an offence involving moral turpitude ; or
  - (i) holds any office of profit under the State or Central Government or any local authority ; or
- (j) is a teacher in any school recognised under the provisions of the Orissa Education Code for the time being in force ; or
- (k) holds the office of a Minister either in the Central or in the State Government ; or (k-1) is a member of the House of the People or of the Council of States or of the State Legislative ; or
- (l) has been dismissed from service of the State or Central Government or any Local authority ; or
- (m) has been in arrears of any tax, fee or rate due by him to any Grama Panchayat for a continuous period of two years ; or (m-1) being a member of any society registered under the Orissa Co-operative Societies Act, 1951 has failed to pay any arrears of any kind accrued due by him to such society for a continuous period of two years or more ; or
- (n) is in the habit of encouraging litigation in the villages and has been declared to be so on enquiry by the prescribed authority in the prescribed manner ; or
- (o) is interested in a subsisting contract made with or any work being done for the Samiti or, any Government except as a share-holder other than a Director in a Company or except as may be prescribed; or
- (p) is a paid and retained legal practitioner on behalf of the Samiti : Provided that the disqualification under clause (k) of (1) may be removed by the Government in the prescribed manner.
(2) An elected member of a Samiti including the Chairman and Vice-chairman shall cease to be a member if he-
- (i) is not ordinarily residing within the Block or ceases to so reside or is or becomes subject to any of the other disqualifications specified in sub-section (1) ; or
- (ii) has been continuously absent from the Block for more than six months without prior intimation in writing,-
- (a) in the case of a Chairman, to the Samiti;
- (b) in the case of any other member or Vice-Chairman, to the Chairman; or
  - (iii) has absented himself from three consecutive ordinary meetings of the Samiti without the previous permission in writing of the Samiti; or
  - (iv) being a legal practitioner appears or acts as such against the Samiti.
(3) Where a person ceases to be a member under clause (f) of sub-section (1), he shall be restored to office for such portion of the term of office as may remain unexpired as the date of such restoration, if the sentence is reversed or quashed on appeal or revision or the offence is pardoned or the disqualification is removed by an order of the Government and any person filling the vacancy in the interim period shall, on such restoration, vacate the office.

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