Qualification for election as a Panch or a member

Every person registered as a voter in the list of voters of a Panchayati Raj Institution shall be qualified for election as a Panch or, as the case may be, a member of such Panchayati Raj Institution unless such person-

a) is disqualified by or under any law for the time being in force for the purpose of election to the Legislature of the State of Rajasthan :

Provided that no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years;

(aa) is found, guilty of a corrupt practice by order of a competent Court, consequent upon an election petition filed under and in accordance with the provisions of this Act or rules made there under;

b) holds a salaried whole-time or part-time appointment under a local authority a university or any corporation, body, Enterprises or Co-operative Society, which is either controlled or wholly or partly financed by the State Government;

c) has been dismissed from State Government service for misconduct involving moral turpitude and has been declared to be disqualified for employment in the public service;

d) holds any salaried post or place of profit under any Panchayati Raj Institution;

e) has directly or indirectly by himself or by his partner, employer or employees, any share or interest in any contract with, by or on behalf of the Panchayati Raj Institution concerned while owning such share or interest in any work done for;

f) is suffering from any bodily or mental defect or disease rendering him incapabic for work;"; and;

g) has been convicted of any offence by competent Court and sentenced to imprisonment for six months or more, such sentence not having been subsequently reversed or remitted or the offender pardoned;

(gg) is under trial in the competent Court which has taken cognizance of the offence and framed the charges against him of any offence punishable with imprisonment for five years or more;

h) is for the time being ineligible for election under Sec. 38;

i) has not paid, for two months from the date of the presentation of the notice of demand therefore, the amount of any tax or fees imposed by the Panchayati Raj Institution concerned;

j) is employed as a legal practitioner on behalf of or against the Panchayati Raj Institution concerned;

k) has been convicted of an offence punishable under the Rajasthan Prevention of Mrityu Bhoj Act, 1960;

l) has more than two children

m) earlier having been a Chairperson/Deputy Chairperson of any Panchayati Raj Institution has not paid dues even after the expiry of a period of two months from the date of notice, for depositing the dues of the Panchayati Raj Institution, was duly served upon such Chairperson/Deputy Chairperson and his name is included in the list of such defaulters supplied by the State Government to the Collector (Panchayats) at least two months before the issue of notification for election to such Panchayati Raj Institution;

n) in case of a seat reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes of the State, is not a member of any of those Castes, or Tribes or Classes, as the case may be,

o) in case of a seat reserved for the women, is not a woman; and

p) in case of a seat reserved for women belonging to Scheduled Castes or Scheduled Tribes or Backward Classes, is not be member of any of these Castes or Tribes or Classes, as the case may be, and is not a women

q) does not have a functional sanitary toilet in the house and any of his family members defecate in the open;

Provided that -

(i) a person shall not, by reason only of his being a share holder in or a member of any incorporated company or co-operative society registered under the law for the time being in force in the State of Rajasthan, be held to be interested in any contract entered between the company or co-operative society and the Panchayati Raj Institution

(ia) for the purpose of Clause (aa), a person shall be deemed to be disqualified for a period of six years from the date or order referred to in Clause (aa);

(ii) for the purpose of Clauses (c), (g) and (k) any person shall become eligible for election after a lapse of six years from the date of his dismissal or the date of conviction, as the case may by;

(iii) for the purpose of Clause (i), a person shall not be deemed to be disqualified if he has paid the amount of the tax or fee due from him before the date of filling his nomination papers;

"(iv) for the purpose of clause (1),-

(a) the birth during the period from the date of commencement of this Act, hereinafter in this proviso referred to as the date of such commencement, to 27th November, 1995, of an additional child shall not be taken into consideration;

(b) a person having more than two children (excluding the child if any, born during the period from the date of such commencement, to 27th November, 1995) shall not be disqualified under that clause for so long as the number of children he had on the date of commencement of this Act does not increase;

(c) while counting the total number of children a child born from earlier delivery and having disability shall not be counted.

Explanation. The word "disability" shall include any type of disabilities specified in or under the Rights of Persons with Disabilities Act, 2016 (Central Act No. 49 of 2016).".

(v) for the purpose of Clause (m), a Chairperson/Deputy Chairperson shall not be deemed to be disqualified if he pays the amount due from him before filling his nomination papers.

Explanation – For the purpose of Clause (i) of Sec. 19, where the person has only one child from the earlier delivery or deliveries on the date of commencement of this Act and thereafter, any number of children born out of a single subsequent delivery shall be deemed to be one entity.

Explanation - II - For the purpose of the clause (q) of this section -

(i) "sanitary toilet" means a water sealed toilet system or setup surrounded by three walls, a door and a roof; and

(ii) "family members" means spouse of such person, children and his parents living with such person. (iii) for the purpose of Clause (i), a person shall not be deemed to be disqualified if he has paid the amount of the tax or fee due from him before the date of filling his nomination papers;

(iv) for the purpose of clause (1),-

(a) the birth during the period from the date of commencement of this Act, hereinafter in this proviso referred to as the date of such commencement, to 27th November, 1995, of an additional child shall not be taken into consideration;

(b) a person having more than two children (excluding the child if any, born during the period from the date of such commencement, to 27th November, 1995) shall not be disqualified under that clause for so long as the number of children he had on the date of commencement of this Act does not increase;

(c) while counting the total number of children a child born from earlier delivery and having disability shall not be counted.

Explanation. The word "disability" shall include any type of disabilities specified in or under the Rights of Persons with Disabilities Act, 2016 (Central Act No. 49 of 2016).

(v) for the purpose of Clause (m), a Chairperson/Deputy Chairperson shall not be deemed to be disqualified if he pays the amount due from him before filling his nomination papers.

Explanation – For the purpose of Clause (i) of Sec. 19, where the person has only one child from the earlier delivery or deliveries on the date of commencement of this Act and thereafter, any number of children born out of a single subsequent delivery shall be deemed to be one entity.

Explanation - II - For the purpose of the clause (q) of this section -

(i) "sanitary toilet" means a water sealed toilet system or setup surrounded by three walls, a door and a roof; and

(ii) "family members" means spouse of such person, children and his parents living with such person.