Amendment status not verified — confirm the current text below against the official source.
Qualifications for inclusion in electoral roll for panchayat village and publication thereof. – (1) Every person who is qualified to be included in such part of the electoral roll for any Assembly constituency as relates to the panchayat village or any portion thereof shall be entitled to be included in the electoral roll for the panchayat village, and no other person shall be entitled to be included therein: Provided that any person who is entitled to be included in separate part of the electoral roll for such Assembly constituency by virtue of a statement referred to in section 20 of the Representation of the People Act, 1950 (Central Act 43 of 1950), shall not be eligible for being included in the electoral roll for the panchayat village prepared for the purposes of this Act, unless he makes an application giving the particulars of his address in the panchayat village to the person authorised under sub-section (2) for such inclusion. Explanation. – Where, in the case of an Assembly constituency, there is no distinct part of the electoral roll relating to the panchayat village, all persons who are qualified to be included in such roll under the registration area comprising the panchayat village and whose addresses are situated in the panchayat village shall be entitled to be included in the electoral roll for the panchayat village prepared for the purposes of this Act. *[(2) The electoral rolls for the panchayat village shall be prepared and published under the superintendence, direction and control of the Election Commission]. (3) The electoral roll for the village panchayat shall be divided into separate parts for each ward. * The sub-section (2) of section 17, substituted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 495 (4) Every person whose name appears in the electoral roll for the panchayat village shall so long as it remains in force and subject to any revision thereof which might have taken place and subject also to the other provisions of this Act, be entitled to vote at an election; and no person whose name does not appear in such roll shall vote at an election: Provided that no person shall vote at an election of members if he – (a) has been adjudged to be of unsound mind or is a deaf-mute, or (b) has voluntarily acquired the citizenship of a foreign State, or (c) has been sentenced by a criminal court for an electoral offence punishable under section 27 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and five years have not elapsed from the date of such sentence or disqualification provided that the disqualification under this clause may at any time be removed by the Government if it thinks fit. Explanation. – In this section, the expression "Assembly constituency" shall mean a constituency provided by law for the purpose of elections to the Legislative Assembly of Puducherry. #18. Power to rearrange and republish electoral roll. – Where, after the electoral roll for a panchayat village or any alterations thereto have been published under sub-section (2) of section 17 the panchayat village is divided into wards for the first time or the division of the panchayat village into wards is altered or the limits of the panchayat village are varied, *[the Election Commission] shall, in order to give effect to the division of the panchayat village into wards or to the alteration of the wards or to the variation of the limits, as the case may be *[cause] a rearrangement and republication of the electoral roll for the panchayat village or any part of such roll, in such manner as *[it] may direct. # The section came into force on the 26th day of January, 1974 vide EG No. 11 dt. 17.1.1974. * Substituted by Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 496 *18A. Electoral rolls for commune panchayat. – The provisions of sections 17 and 18 shall as far as may be, apply in relation to the electoral rolls for a commune panchayat as they apply in relation to the electoral rolls for a panchayat village. Qualifications, disqualifications, etc., of members of a village panchayat ##19. Qualification of candidates. – No persons shall be qualified for election as a member of a +[omitted] panchayat, unless his name appears on the electoral roll of the panchayat +[omitted]. #20. Disqualification of officers and other employees of Government and local bodies. - - @ [Omitted] A person who has been convicted and sentenced by a criminal court to imprisonment for any offence involving moral delinquency or for an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955) shall be disqualified for election as a member while undergoing the sentence and for five years from the date of the expiration of the sentence. @[(2)] [Omitted] #21. Disqualification of persons convicted of election offences. – Every person convicted of an offence punishable under Chapter IX-A of the Indian Penal Code (Central Act 45 of 1860) or under any law or rule relating to the infringement of the secrecy of an election shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of member of a village panchayat or of a member of a commune panchayat council for a period of five years from the date of his conviction. # The section came into force on the 26th day of January, 1974 vide EG No. 11 dt. 17.1.1974. ## The section came into force on 12-9-1974 vide EG. No. 122 dt. 12.9.1974. * The section 18A, inserted by amendment Act 5 of 1994, with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. + The word 'village' in section 19, omitted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. @ The figure "(1)" and the sub-section "(2)" of section 20 omitted by an amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 497 @@22. Disqualifications of candidates. – (1) A person who has been convicted and sentenced by a criminal court to imprisonment for any offence involving moral delinquency or for an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955), shall be disqualified for election as a member while undergoing the sentence and for five years from the date of the expiration of the sentence. (2) A person shall be disqualified for election as a member if, at the last date for filing of nomination or at the date of election, he is – (a) of unsound mind, or a deaf-mute; (b) an applicant to be adjudicated an insolvent or an undischarged insolvent; (c) interested in a subsisting contract made with or any work being done for any village panchayat or any commune panchayat council except as a shareholder (other than a director) in a company; (d) employed as paid legal practitioner on behalf of the village panchayat or commune panchayat council or as legal practitioner against the village panchayat or the commune panchayat council; (e) an Honorary Magistrate under the Code of Criminal Procedure, 1898 (Central Act 45 of 1898)+, with jurisdiction over any part of the village panchayat; (f) already a member of the village panchayat or, whose term of office will not expire before his fresh election can take effect or has already been elected as a member of the village panchayat or whose term of office has not yet commenced; or (g) in arrears of any kind due by him (otherwise than in a fiduciary capacity) to the village panchayat or the commune panchayat council 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 for payment has expired. + Now Code of Criminal Procedure, 1973 (Central Act 2 of 1974). @@ The sub-section (1) of section 22, substituted by an amendment Act 4 of 1978 with effect from 20-3-1978 vide Extraordinary Gazette No. 59, dated 30-3-1978. 498