State Act

Jharkhand Panchayat Raj Act, 2001_English

Section 38 Disqualifications for an Office-bearer of the Panchayat Samiti - Any Person shall not be qualified to be an Office-bearer of the Panchayat Samiti, (A) Who is not a citizen of India; (B) Who, either before the commencement of this Act or thereafter, 1. Has been convicted of any offence under the Civil Services Conduct Rules (Civil Services Conduct Act) in force for the time being or under any law relating to use, consumption or sale of intoxicants or under any law in force for the time being in any part of the state unless a period of five years or such a lesser period as the State Government may determine in a particular case, has expired since the date of his conviction; 2. Is insane and has been declared so by a competent court, 3. Has been declared bankrupt, 4. Holds a post of gain under any Panchayat or is in service in any other local authority, or in any co-operative society or in the state or central government or in public sector undertakings of the central or state government; 5. Has been removed from any office while in service under the State Government or the Central Government or any Panchayat, any other authority or any co-operative Society or any public sector undertaking of the Central or State Government on the ground of corruption or dereliction of duty; 6. Holds any share or interest directly or indirectly in any contract entered into with or by the Panchayat or on its behalf; Provided that no person shall be deemed disqualified under clause (6) of sub-section (B) only because - (a) He has a share in a Joint Stock Company, he has any share in any such Organisation or Cooperative Society registered under the State's Society Registration Act in force for the time being which is to enter into a contract with the Panchayat or shall be employed by or on behalf of the Panchayat; or (b) He has a share or interest in any such newspaper in which any advertisement regarding activities of the Panchayat is given; or (c) He holds a debenture by or on behalf of the Panchayat or in otherwise concerned with any loan taken by or on behalf of the Panchayat; 7. Has been declared disqualified by or under any law, in force for the time being, for the purposes of election of the State Legislative Assembly. Provided that no person shall be disqualified on the ground that he is less than 25 years of age, if he has attained the age of 21 years. 8. Has been sentenced by any Criminal Court in India or abroad, to imprisonment for a term of more than six months or to penalty for an offence other than a political offence, been ordered to produce security against bad behaviour under section 109 or 110 of the Criminal Procedure Code, 1973 (Act 2 of 1974) and the sentence has not been struck off subsequently.