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[Cites 0, Cited by 0] [Section 21] [Entire Act]

State of Telangana - Subsection

Section 21(2) in Telangana Panchayat Raj Act, 2018

(2)A person shall be disqualified for being chosen as a member if on the date fixed for scrutiny of nomination for election, or on the date of nomination under sub-section (2) of section 18 he is,-
(a)of unsound mind and stands so declared by a competent Court;
(b)an applicant to be adjudicated an insolvent or an un-discharged insolvent;
(c)interested in a subsisting contract made with, or any work being done for, the Gram Panchayat, Mandal Praja Parishad, Zilla Praja Parishad or any State or Central Government:
Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in,-
(i)a company as a mere share-holder but not as a Director;
(ii)any lease, sale or purchase of immovable property or any agreement for the same; or
(iii)any agreement for the loan of money or any security for the payment of money only; or
(iv)any newspaper in which any advertisement relating to the affairs of the Gram Panchayat is inserted.
Explanation. - For the removal of doubts it is hereby declared that where a contract is fully performed it shall not be deemed to be subsisting merely on the ground that the Gram Panchayat, Mandal Praja Parishad, Zilla Praja Parishad, the State or Central Government has not performed its part of the contractual obligations;
(d)already a member of a Nagar Panchayat or a Municipality constituted under the Telangana Municipalities Act, 1965, (Act 6 of 1965) or a member of a Municipal Corporation constituted under any law relating to Municipal Corporations for the time being in force in the State of Telangana;
(e)employed as paid legal practitioner on behalf of the Gram Panchayat or as legal practitioner against the Gram Panchayat;
(f)employed as a Manager or Secretary of any Company or Corporation (other than a co-operative society) in which not less than twenty-five per cent of the paid up share capital is held by the State Government;
(g)an Honorary Magistrate under the Code of Criminal Procedure, 1973, (Central Act 2 of 1974) with jurisdiction over any part of the village;
(h)already a member of the Gram Panchayat whose term of office will not expire before his fresh election can take effect or has already been elected as a member of the Gram Panchayat whose term of office has not yet commenced;
(i)in arrears of any dues including the sums surcharged otherwise than in a fiduciary capacity, to the Gram Panchayat 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:
Provided that where any person has paid such dues into the Government treasury or into a bank approved by the Government to the credit of the Gram Panchayat fund and obtained a challan or receipt therefor in token of such payment, he shall not be disqualified to become a member of the Gram Panchayat on and from the date of such payment.