Amendment status not verified — confirm the current text below against the official source.
Disqualifications of members. – *[A person shall be disqualified for being chosen as, and for being, a member or President of a panchayat, if he] – (a) is sentenced by a criminal court to such punishment and for such offence as is described in sub-section (1) of section 22; (b) becomes of unsound mind or a deaf-mute; (c) applies to be adjudicated, or is adjudicated, an insolvent; (d) acquires any interest in any subsisting contract made with or work being done for any village panchayat or any commune panchayat council except as a shareholder (other than director) in a company or except as permitted by rules made under this Act; (e) is employed as paid legal practitioner on behalf of the village panchayat or the commune panchayat council or accepts employment as legal practitioner against the village panchayat or the commune panchayat council; (f) is appointed as an officer or other employee under this Act; (g) is appointed as an Honorary Magistrate under the Code of Criminal Procedure 1898** (Central Act 5 of 1898), with jurisdiction over any part of the village panchayat; (h) ceases to reside in the panchayat village; (i) fails to pay arrears of any kind due by him (otherwise than in a fiduciary capacity) to the village panchayat or the commune panchayat council within three months after a bill or notice has been served upon him in pursuance of rules made under this Act, or where in the case of any arrear, such rules do not require the service of any bill or notice, within three months after a notice requiring payment of the arrear (which notice it shall be the duty of the President of the village panchayat or the Commissioner to serve at the earliest possible date) has been duly served upon him by the President or Commissioner; or (j) absents himself from the meeting of the village panchayat or the commune panchayat council, as the case may be, for a period of three consecutive months reckoned from the date of the last meeting which he attended or of his restoration to office as member under sub-section (1) of section 24, as the case may be, or if within the said period, less than three meetings have been held, absents himself from three consecutive meetings held after the said date: * The section 23, amended by Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. ** Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) 499 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; (k) becomes a member of the Legislative Assembly of Puducherry or of Parliament except to the extent provided in * [omitted] section 9; **(l) is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the Union territory: 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. **(m) is so disqualified by or under any law made by the Legislative Assembly of the Union territory. ##24. Restoration of members to office. – (1) Where a person ceases to be a member under section 21 or clause (a) of section 23, he shall be restored to office for such portion of the period for which he was elected, as may remain unexpired at the date of such restoration, if and when the sentence is annulled on appeal or revision, and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office. (2) (a) Where a person ceases to be a member under clause (j) of section 23, the President or the Commissioner shall at once intimate the fact in writing to such person and report the same to the village panchayat or the commune panchayat council, as the case may be, at its next meeting. (b) If such person of his own motion applies for restoration to the village panchayat or the commune panchayat council, as the case may be, on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, the village panchayat or the commune panchayat council, as the case may be, may at the meeting next after the receipt of such application restore him to his office of member: ## The section came into force on 12-9-1974 vide EG. No. 122 dt. 12.9.1974. * The words and figure "sub-section (3) of" in clause (k) omitted with effect from 23-4-1994 by an amendment Act 5 of 1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. * * The sub-clauses (l) and (m) of section 23, inserted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 500 Provided that a member shall not be so restored more than twice during his term of office. * [25. The question for disqualification of members. – (1) If any question arises as to whether a member or President of a panchayat has become subject to any of the disqualifications under section 19, section 20, section 21, section 22, section 23 or section 26, the question shall be referred for the decision of the Administrator and his decision shall be final. (2) Before giving any decision on any such question, the Administrator shall obtain the opinion of the Election Commission and shall act according to such opinion. (3) Nothing contained in this section shall be deemed to affect the provisions of section 24.