Disqualifications.

§33

Summary

(1) An employee of the Government of India or any State Government or of a Local Authority or any institution receiving aid from the funds of the Government, shall be disqualified for election or for being or continuing as the Chairperson or a Director of a Managing Committee of the Water Users Association. (2) No person who has been convicted by a criminal court for any offence involving moral turpitude shall be qualified for election or being or continuing in the office of a Chairperson or a Director of a Managing Committee of a Water Users Association. (3) A person shall be disqualified for being elected as the Chairperson or a Director of the Managing Committee of a Water Users Association if, on the date fixed for the scrutiny of the nominations for election, or on the date of nominations, he is,- (a) of unsound mind and stands so declared by a Competent Court; (b) an undischarged insolvent; (c) has defaulted in the payment of land revenue or water tax or charges payable either to the Government or to the Water Users Association; (d) interested in a subsisting contract made with or any work being done for, a Municipal Council or Corporation or the Panchayat Samiti or a Zilla Parishad or any State or Central Government or the Water Users Association: Provided that, a person shall not be deemed to have any interest in such contract or work by reason only of his having share or interest in,- (i) the company as a mere share-holder but not as a director; or (ii) any lease, sale or purchase of immovable property or any agreement for the same; or (iii) any agreement for the loan of money or any security for the payment or money only; or (iv) any newspaper in which an advertisement relating to the affairs of the Water Users Association is inserted. Explanation.- For the purposes of this clause, where a contract is fully performed, it shall not be deemed to be subsisting merely on the ground that the concerned Municipal Council or Corporation or Panchayat Samiti or Zilla Parishad, or Water Users Association, State or Central Government, has not performed its part of the contractual obligations. (4) A Chairperson or a Director of the Managing Committee of a Water Users Association shall be disqualified for election to or continuing in such office if such office bearer absents himself from three consecutive meetings of the Managing Committee without reasonable cause and without prior intimation to the Committee in writing. (5) A person having more than two children at the time of contesting the election of the Chairperson or Director of the Managing Committee shall be disqualified for such election: Provided that, a person having more than two children on the date of coming into force of this Act shall not be disqualified under this sub-section, for so long as the number of children he had on the date of such coming into force has not increased: Provided further that, a child or more than one child born at one time, within a period of one year from the date of such commencement shall not be taken into consideration for the purposes of disqualification under this section. Explanation.- For the purposes of this sub-section,- (i) where a couple has only one child on or after the date of such coming into force, any number of children born subsequently, at one time only shall be deemed to be one child for the purposes of this section; (ii) "child" does not include an adopted child or children. (6) A person shall become disqualified to continue as a Director of the Water Users Association or hold the office of the Chairperson or the Director of the Managing Committee of a Water Users Association, if he ceases to be a landholder or occupier in the area of operation of the concerned Water Users Association.

(1) An employee of the Government of India or any State Government or of a Local Authority or any institution receiving aid from the funds of the Government, shall be disqualified for election or for being or continuing as the Chairperson or a Director of a Managing Committee of the Water Users Association. (2) No person who has been convicted by a criminal court for any offence involving moral turpitude shall be qualified for election or being or continuing in the office of a Chairperson or a Director of a Managing Committee of a Water Users Association. (3) A person shall be disqualified for being elected as the Chairperson or a Director of the Managing Committee of a Water Users Association if, on the date fixed for the scrutiny of the nominations for election, or on the date of nominations, he is,- (a) of unsound mind and stands so declared by a Competent Court; (b) an undischarged insolvent; (c) has defaulted in the payment of land revenue or water tax or charges payable either to the Government or to the Water Users Association; (d) interested in a subsisting contract made with or any work being done for, a Municipal Council or Corporation or the Panchayat Samiti or a Zilla Parishad or any State or Central Government or the Water Users Association: Provided that, a person shall not be deemed to have any interest in such contract or work by reason only of his having share or interest in,- (i) the company as a mere share-holder but not as a director; or (ii) any lease, sale or purchase of immovable property or any agreement for the same; or (iii) any agreement for the loan of money or any security for the payment or money only; or (iv) any newspaper in which an advertisement relating to the affairs of the Water Users Association is inserted. Explanation.- For the purposes of this clause, where a contract is fully performed, it shall not be deemed to be subsisting merely on the ground that the concerned Municipal Council or Corporation or Panchayat Samiti or Zilla Parishad, or Water Users Association, State or Central Government, has not performed its part of the contractual obligations. (4) A Chairperson or a Director of the Managing Committee of a Water Users Association shall be disqualified for election to or continuing in such office if such office bearer absents himself from three consecutive meetings of the Managing Committee without reasonable cause and without prior intimation to the Committee in writing. (5) A person having more than two children at the time of contesting the election of the Chairperson or Director of the Managing Committee shall be disqualified for such election: Provided that, a person having more than two children on the date of coming into force of this Act shall not be disqualified under this sub-section, for so long as the number of children he had on the date of such coming into force has not increased: Provided further that, a child or more than one child born at one time, within a period of one year from the date of such commencement shall not be taken into consideration for the purposes of disqualification under this section. Explanation.- For the purposes of this sub-section,- (i) where a couple has only one child on or after the date of such coming into force, any number of children born subsequently, at one time only shall be deemed to be one child for the purposes of this section; (ii) "child" does not include an adopted child or children. (6) A person shall become disqualified to continue as a Director of the Water Users Association or hold the office of the Chairperson or the Director of the Managing Committee of a Water Users Association, if he ceases to be a landholder or occupier in the area of operation of the concerned Water Users Association.

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