Disqualifications for becoming a member and continuing as member

The Odisha Zilla Parishad Act, 1991

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Chapter VI MISCELLANEOUS

Statutory text

(1) A person shall not be eligible to stand for election under clause
- (a) of sub-section
(1) of section 6, if he-
- (a) is not ordinarily residing within the Parishad area;
- (b) is of unsound mind; or
- (c) is an applicant to be adjudicated as an insolvent or is an undischarged insolvent; or
- (d) is a deaf-mute or is suffering from leprosy or tuberculosis; or
- (e) is convicted of an election offence under any law for the time being in force; or
- (f) is not a citizen of India; or
- (g) is convicted of an offence involving moral turpitude; or
- (h) holds any office of profit under the State or Central Government or any Local Authority; or
  - (i) is a teacher in any School recognised under the provisions of the Orissa Education Act, 1969 for the time being in force; or
- (j) holds the office of a Minister either in the Central or in the State Government; 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
- (n) being a member of any Society registered under the Orissa Co-operative Societies Act, 1962 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
- (o) 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
- (p) is interested in a subsisting contract made with or any work being done for the Parishad or any Government except as a share-holder other than a Director in a Company or except as may be prescribed; or
- (q) is a paid and retained legal practitioner on behalf of the Parishad; or
- (r) is disqualified by or under any law for the time being in force for the purpose of elections to the Legislature of the State; or is disqualified by or under any law made by the Legislature of the State; or
- (t) is less than twenty-one years of age; or
- (u) is not able to read and write Oriya; or
  - (v) has more than one spouse living; or
- (w) has more than two children: Provided that the disqualification under clause
- (g) or
- (j) may be removed by the Government in the prescribed manner: Provided further that the disqualification under clause
- (w) shall not apply to a person who has more than two children on the date of commencement of the Orissa Zilla Parishad (Amendment) Act, 1993 or, as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year.
(2) An elected member of a Parishad, including the President and vice-President shall cease to be member if he-
- (i) is not ordinarily residing within the district or ceases to so reside or is, or becomes, subject to any of the other disqualifications specified in sub-section (1);
- (ii) has been continuously absent from the district for more than six months without prior intimation in writing,-
- (a) in the case of a President, to the Parishad;
- (b) in the case of any other member or Vice-President, to the President;
  - (iii) has absented himself without permission from three consecutive ordinary meetings of the Parishad; on passing a resolution by the Parishad to that effect in the manner hereinafter specified, namely:-
- (a) any member including the President and vice-President desiring to absent himself from a meeting of the Parishad shall submit his written application to the Parishad through the Chief Executive Officer Prior to the date of such meeting;
- (b) an application received after the date of the meeting and before the next meeting of the Parishad may be accepted for consideration if the Parishad is satisfied that there was sufficient reason for which the applicant failed to submit the application in time;
- (c) The Chief Executive Officer shall place the application in the immediately following meetings of the Parishad for consideration and the Parishad may grant or refuse permission;
- (d) Where such refusal of permission shall result in absence from three consecutive meetings, the Parishad shall specify in the resolution whether the applicant shall cease to continue as a member, President or Vice-President, as the case may be, of the Parishad;
- (e) an absence without an application desired under clause
- (a) or
- (b) shall be deemed to be an absence without permission. Explanation-The meetings which are adjourned without transacting any business shall not be reckoned as ordinary meetings of the Parishad;
  - (iv) being a legal practitioner, appears or acts as such against the Parishad.
(3) Where a person ceases to be member under clause
- (e) of sub-section (1), he shall be restored to office for such portion of the term of office as may remain unexpired at 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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