Disqualifications for membership of Kshetra Panchayat

§13

Summary

1[13. A person shall be disqualified for being chosen as and for being a member of a Kshettra Panchayat, if he- (a) is so disqualified by or under any law for the time being in force for the purposes of election of the State Legislature : Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years ; (b) holds any office of profit under a State Government or the Central Government or a local authority, or a Nyaya Panchayat established under Section 42 of the United Provinces Panchayat Raj Act, 1947 ; (c) has been dismissed from the service of a State Government, the Central Government or a local authority or a Nyaya Panchayat or a Co-operative society registered under the Uttar Pradesh Co-operative Societies Act, 1965 for misconduct ; (d) is in arrears of any tax, fee rate or any other dues payable by him to the Gram Panchayat, Kshettra Panchayat or Zila Panchayat for such period as may be prescribed, or has, in spite of being required to do so by the Gram Panchayat, Nyaya Panchayat, Kshettra Panchayat or Zila Panchayat failed to deliver to it any record or property belonging to it which had come into his possession by virtue of his holding any office under it ; (e) is an undischarged insolvent ; (f) has been convicted of an offence involving moral turpitude ; (g) has been sentenced to imprisonment for a term exceeding three months for contravention of any order made under the Essential Commodities Act, 1955 ; (h) has been sentenced to imprisonment for a term exceeding six months or to transportation for contravention of any order made under the Essential Supplies (Temporary Powers) Act, 1946 or the U. P. Control of Supplies (Temporary Powers) Act, 1947 ; (i) has been sentenced to imprisonment for a term exceeding three months under the U. P. Excise Act, 1910 ; (j) has been convicted for an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 ; (k) has been convicted of an election offence ; (l) has been convicted of an offence under the U. P. Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955; (m) is debarred from practicing as a legal practitioner by order of any competent authority ; (n) has been declared under section 23 to have committed any corrupt practice within the meaning of that section and such declaration continues to be effective ; or (o) is not registered in the electoral rolls for any territorial constituency of the Kshettra Panchayat : Provided that the period of disqualification under clauses (c), (e), (f), (g), (h), (i), (k) or (l) shall be five years from such date as may be prescribed : Provided further that the disqualification under clause (d) shall cease upon payment of arrears or delivery of the record or property, as the case may be : Provided also that a disqualification under any of the clauses referred to in the first proviso may, in the manner prescribed, be removed by the State Government. ]

1[13. A person shall be disqualified for being chosen as and for being a member of a Kshettra Panchayat, if he- (a) is so disqualified by or under any law for the time being in force for the purposes of election of the State Legislature : Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years ; (b) holds any office of profit under a State Government or the Central Government or a local authority, or a Nyaya Panchayat established under Section 42 of the United Provinces Panchayat Raj Act, 1947 ; (c) has been dismissed from the service of a State Government, the Central Government or a local authority or a Nyaya Panchayat or a Co-operative society registered under the Uttar Pradesh Co-operative Societies Act, 1965 for misconduct ; (d) is in arrears of any tax, fee rate or any other dues payable by him to the Gram Panchayat, Kshettra Panchayat or Zila Panchayat for such period as may be prescribed, or has, in spite of being required to do so by the Gram Panchayat, Nyaya Panchayat, Kshettra Panchayat or Zila Panchayat failed to deliver to it any record or property belonging to it which had come into his possession by virtue of his holding any office under it ; (e) is an undischarged insolvent ; (f) has been convicted of an offence involving moral turpitude ; (g) has been sentenced to imprisonment for a term exceeding three months for contravention of any order made under the Essential Commodities Act, 1955 ; (h) has been sentenced to imprisonment for a term exceeding six months or to transportation for contravention of any order made under the Essential Supplies (Temporary Powers) Act, 1946 or the U. P. Control of Supplies (Temporary Powers) Act, 1947 ; (i) has been sentenced to imprisonment for a term exceeding three months under the U. P. Excise Act, 1910 ; (j) has been convicted for an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 ; (k) has been convicted of an election offence ; (l) has been convicted of an offence under the U. P. Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955; (m) is debarred from practicing as a legal practitioner by order of any competent authority ; (n) has been declared under section 23 to have committed any corrupt practice within the meaning of that section and such declaration continues to be effective ; or (o) is not registered in the electoral rolls for any territorial constituency of the Kshettra Panchayat : Provided that the period of disqualification under clauses (c), (e), (f), (g), (h), (i), (k) or (l) shall be five years from such date as may be prescribed : Provided further that the disqualification under clause (d) shall cease upon payment of arrears or delivery of the record or property, as the case may be : Provided also that a disqualification under any of the clauses referred to in the first proviso may, in the manner prescribed, be removed by the State Government. ]

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