State Act

The Maharashtra Village Panchayats Act.

14. Disqualifications.— 4[(1)] No person shall be a member of a panchayat, or continue as such, who— (a) has, whether before or after the commencement of this Act, been convicted— (i) of an offence under the Untouchability (Offences) Act, 1955 (XXII of 1955), or under the Bombay Prohibition Act, 1949 (Bom. XXV of 1949) or any law corresponding thereto in force in any part of the State, unless a period of five years, or such lesser period as the State Government may allow in any particular case, has elapsed since his conviction, or (ii) of any other offence and been sentenced to imprisonment for not less than six months, unless a period of 5[six years], or such lesser period as the State Government may allow in any particular case, has elapsed since his release ; or 6[(a-1) has been disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the Maharashtra State : 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) has been adjudged by a Competent Court to be of unsound mind ; (c) has been adjudicated an insolvent and has not obtained his discharge ; or 7[(c-1) having held any office under any Government or local authority, has whether before or after the commencement of this Act, been dismissed for misconduct, unless a period of five years has elapsed since his dismissal ; or] (d) has been removed from office under sub-section (1) of section 39 and a period of 8[six years] has not elapsed from the date of such removal, unless he has, by an order of the State Government notified in the Official Gazette, been relieved from the disqualification arising on account of such removal from office ; or (e) has been disqualified from holding office under sub-section (2) of section 39 and the period for which he was so disqualified has not elapsed ; or (f) holds any salaried office or place of profit in the gift or disposal of the Panchayat, while holding such office or place ; or (g) has directly or indirectly, by himself or his partner, any share or interest in any work done by order of the panchayat, or in any contract with, by or on behalf of, or employment with or under, the panchayat ; or (h) fails to pay any tax or fee due to the panchayat 1[or the Zilla Parishad within three months from the date on which the amount of such tax or fee is demanded, and a bill for the purpose is duly served on him ; or] 2[(h-1) fails to pay the amount of surcharge or charge under section 140 or the amount ordered to be paid under section 178 together with interest, if any, within the period provided in that behalf, and where an appeal has been made, then within one month from the date of receipt of the decision rejecting such appeal ;] (i) is a servant of the Government or a servant of any local authority ; or (j) has voluntarily acquired the citizenship of a Foreign State, or is under any acknowledgement of allegiance or adherence to a Foreign State ; or 3[(j-1) has more than two children : Provided that, a person having more than two children on the date of commencement of the Bombay Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 1995 (Mah. XLIV of 1995/2000), (hereinafter in this clause referred to as “the date of such commencement”), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase : Provided further that, a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in this clause ; or] 4[(j-2) has been elected as a Councillor of the Zilla Parishad or as a member of the Panchayat Samiti ; or] 5[(j-3) has encroached upon the Government land or public property ; or] 6[(j-4) has been disqualified by the State Election Commission under section 14B ; or] 7[(j-5) fails to submit a certificate of the concerned panchayat, alongwith the resolution of the Gram Sabha 8[or of the chief Executive Officer or an Officer designated by him; or a self certificate] certifying that,— (i) he resides in a house owned by him and has a toilet in such house and he regularly uses such toilet ; or (ii) he resides in a house not owned by him and has a toilet in such house and he regularly uses it or he has no such toilet but regularly uses the public toilet : 9[Provided that, no member of a panchayat shall be disqualified under this clause, if he submits such certificate to the Block Development Officer, within a period of one year from the 10th January 2011, being the date of commencement of the Bombay Village Panchayats and Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2010 (Mah. XXXIII of 2010):]] 1[Provided further that, nothing contained in this clause shall affect the member holding office on the 10th January 2011, who has not submitted the certificate within a period of ninety days from the said date, as required under the provisions of this Act, as amended by the Bombay Village Panchayats and Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2010 (Mah. XXXIII of 2010); and he shall not be deemed to be disqualified and shall continue to hold his office for a period of one year from the said date, unless he is disqualified under any other provisions of this Act or any other law for the time being in force ; or] (k) is disqualified under any other provisions of this Act, and the period for which he was so disqualified has not elapsed. Explanation 1.— A person shall not, by reason only of his being a shareholder in or a member of, any incorporated or registered company or a co-operative society registered under any law for the time being in force in the 2[State of Maharashtra] be held to be interested in any contract entered into between the company or co-operative society and the panchayat. 3[Explanation 1A.— A person shall not be disqualified under clause (g) by reason only of such person,— (i) having a share or a interest in any newspaper in which any advertisement relating to the affairs of the panchayat is inserted ; or (ii) having a share or a interest in the occasional sale to the panchayat of any article in which he regularly trades, or in the purchase from the panchayat of any article, of a value in either case not exceeding in any financial year two hundred rupees ; or (iii) having a share or interest in the occasional letting out on hire to the panchayat or in the hiring from the panchayat of any article for an amount not exceeding in any financial year twenty-five rupees or such higher amount not exceeding one hundred rupees, as the panchayat, with the sanction of the Collector may fix in this behalf ; or (iv) having any share or interest in any lease for a period not exceeding ten years, of any immovable property or in agreement for the same; and before such lease or agreement is executed, the Block Development Officer certifies that no other suitable premises were available to the panchayat on lease.] Explanation 2.— For the purpose of clause (h)— (i) a person shall not be deemed to be disqualified if he has paid the amount of any tax or fee due, prior to the day prescribed for the nomination of candidates ; (ii) failure to pay any tax or fee due to the panchayat by a member of an undivided Hindu family, or by a person belonging to a group or unit the members of which are by custom joint in estate or residence, shall be deemed to disqualify all members of such undivided Hindu family or as the case may be all the members of such group or unit. 4[Explanation 3.— For the purposes of clause (i), a Police-patil appointed under section 5 of the Maharashtra Village Police Act, 1967 (Mah. XLVI of 1967), shall be deemed to be a servant of Government.] 5[Explanation 4.— For the purposes of clause (g), a person shall not be deemed to have any share or interest in any employment by reason only of any relation of his being employed with or under a panchayat, as an officer or servant thereof.] 6[Explanation 5.— For the purpose of clause (j-1),— (i) where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity ; (ii) “child” does not include an adopted child or children.] 1[* * * * *]