Bare ActsKerala Panchayat Raj Act, 1994

Section 35

Disqualifications of members

Amendment status not verified — confirm the current text below against the official source.

24A[(1)] Subject to the provisions of Section 36 or Section 102, a member shall cease to hold office as such, if he-- [(a) is found guilty as described under clause (b) of sub-section (1) of Section 34 or is sentenced for such an offence; or] 25A[(aa) has been proved under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (11 of 1996) or under any other law for the time being in force that he does not belong to Scheduled Castes or Scheduled Tribes, as the case may be, and declared as such in the case of a member, elected to an office, reserved for Scheduled Caste or Scheduled Tribe; or] (b) has been adjudged to be of unsound mind; or (c) voluntarily acquired the citizenship of a foreign state; or (d) has been sentenced by a Criminal Court for any electoral offence punishable under Section 136 or 25B[x x x x] Section 138 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualification; or (e) has applied to be adjudicated, or is adjudicated, an insolvent; or (f) acquires any interest in any subsisting contract made with, or work being done for, the Government or 25C[any Local Self-Government Institution] except as a shareholder (other than a director) in a company or except as permitted by rules made under this Act 25D[or enters into the contract or work 25E[with the Local Self Government Institution] as a Convener of the beneficiary committee which undertake the project or work 25F[of the Local Self-Government institution];] Explanation.-- A person shall not, by reason of his having a share or interest in any newspaper in which any advertisement relating to the affairs of the Government or 25G[any Local Self Government Institution] may be inserted, or by reason of his holding a debenture or being otherwise concerned in any loan raised by 25GA[Government or Local Self Government Institution or on behalf of the Government or Local self Government Institution], be disqualified under this clause; or 25H[(g) is employed as a paid legal practitioner on behalf of the Government or the Panchayat concerned or accepts employment as legal practitioner against the panchayat;or]; (h) ceases to reside within the area of the Panchayat concerned; or (i) is debarred from practicing as an Advocate or Vakil; or (j) is in arrears of any kind due by him (otherwise than in a fiduciary capacity) to the Government 25I[or the Local Self Government Institution] up to and inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein has expired; or [(k) absents himself without the permission of the Panchayat concerned from its meeting or the meeting of the Standing Committee thereof for a period of three consecutive months reckoned from the date of commencement of his term of office or of the last meeting that he attended, or of the restoration to office as member under sub-section (1) of section 37, as the case may be, or if within the said period, only in less than three meetings of the Panchayat or of the Standing Committee as the case may be, have been held, absents himself from three consecutive meetings held after the said date:] Provided that no meeting from which a member absented himself shall be counted against him under this clause if,- (i) due notice of that meeting was not given to him; or (ii) the meeting was held after giving shorter notice than that prescribed for an ordinary meeting; or (iii) the meeting was held on a requisition of members; or: [Provided further that no permission shall be granted by the Panchayat to a member for absenting himself from meetings of the Panchayat or of the Standing Committee for a continuous period of more than six months.] (l) is disqualified under any provisions of the constitution or under any law for the time being in force for the purpose of elections to the Legislature of the State; or (m) is disqualified under any other provision of this Act. 27A[(n) has been disqualified under the provisions of Kerala Local Authorities (Prohibition of Defection) Act, 1999; or] [(o) is liable, for the loss, waste or misuse caused to the Panchayat; (p) has failed, 28AA[thrice] consecutively, to convene the meetings of the Grama Sabha, due once in three months, of which he is the convenor; or (q) has failed to file declaration of his assets within the time limit prescribed under section 159] 28A[(r) failed to enter upon office within the time limit specified in sub-section (13a) of section 153]. 28B[(2) Notwithstanding anything contained in clause (q) of sub-section (1), a member, who has committed default in filing a statement regarding assets and liabilities within the time limit specified under section 159 on the date on which the Kerala Panchayat Raj (Amendment) Act, 2007 came into force, shall not be deemed to be disqualified, if he files such statement before the concerned authority within 90 days from the date on which the said Act came into force]. Renumbered as sub-section (1) of this section by Act 11 of 2007 Clause (a) substituted by Act 13 of 1999, w.e.f. 24/03/1999 Clause (aa) Inserted by Act 31 of 2009, w.e.f. 07/10/2009 Substituted by Act 7 of 1995. Substituted for the word "the Panchayat concerned" by Act 31 of 2009 dt.07/10/2009 Added by Act 31 of 2005, w.e.f. 24/08/2005 Substituted for the word "with the Panchayat" by Act 31 of 2009 dt.07/10/2009 Substituted for the word "of that Panchayat" by Act 31 of 2009 dt.07/10/2009 Substituted for the word "the Panchayat concerned" by Act 31 of 2009 dt.07/10/2009 Substituted for the word "Government or Panchayat or on behalf of the Government or the Panchayat" by Act 31 of 2009. Clause (g) substituted by Act 31 of 2005, w.e.f. 24/08/2005 Substituted for the word "or the Panchayat concerned" by Act 31 of 2009 dt.07/10/2009 Substituted by Act 13 of 1999, w.e.f. 24/03/1999 Proviso added by Act 13 of 1999, w.e.f. 24/03/1999. Clause (n) added by Act 11 of 1999, w.e.f. 02/10/1998. Clauses (o), (p) & (q) added by Act 13 of 1999, w.e.f. 24/03/1999. Substituted for the word "twice" by Act 23 of 2013 (w.e.f. 01/11/2010). Inserted by Act 31 of 2005, w.e.f. 24/08/2005 Sub-section (2) inserted by Act 11 of 2007

Section 35 – Kerala Panchayat Raj Act, 1994 | DailyLaw.ai