8. Disqualifications of members of Gram Panchayat.
- Subject to the provisions contained in sections 94 and 97, a person shall not be qualified to be a member of a Gram Panchayat, if -(a)he is a member of [* * * * *] [Words 'a Nyaya Panchayat or a Panchayat Samiti or a Zilla Parishad or of' omitted by W.B. Act 37 of 1984.] any municipal authority constituted under any of the Acts referred to in sub-section (2) section 1; or(b)[ he is in the service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti [or a Zilla Parishad or the Mahakuma Parishad or the Council;] [[Clause (b) substituted by W.B. Act 6 of 1985, w.e.f. 25.1.1985, which was earlier as under:-'(b) he is in the service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti or a Zilla Parishad;']] and for the purposes of this clause, it is hereby declared that a person in the service of any undertaking of the Central or the State Government or any statutory body or Corporation or any public or Government company or any local authority or any co-operative society or any banking company or any university or any Government sponsored institution or any educational or other institution or undertaking or body receiving any aid from the Government by way of grant or otherwise or a person not under the rule-making authority of the Central or the State Government or a person receiving any remuneration from any undertaking or body or organisation or association of persons as the employee or being in the service of such undertaking or body or organisation or association of persons out of funds provided or grants made or aids given by the Central or the State Government, shall not be deemed to be in the service of the Central or the State Government; or](c)he has, directly or indirectly by himself or by his partner or employer or an employee, any share or interest in any contract with, by or on behalf of, the Gram Panchayat, or the Panchayat Samiti of the Block comprising the Gram concerned, [or the Zilla Parishad of the district, or the Mahakuma Parishad, or the Council:] [Words substituted for the words 'or the Zilla Parishad of the district;' by W.B. Act 20 of 1988.]Provided that no person shall be deemed to be disqualified for being elected a member of a Gram Panchayat by reason only of his having a share or interest in any public company as defined in the Companies Act, 1956, which contracts with or is employed by the Gram Panchayat or Panchayat Samiti of the Block comprising the Gram [or the Zilla Parishad of the district or the Mahakuma Parishad or the Council;] [Words substituted for the words 'or the Zilla Parishad of the district;' by W.B. Act 20 of 1988.] or(d)he has been dismissed from the service of the Central or a State Government or a local authority or a co-operative society, or a Government company or a Corporation owned or controlled by the Central or a State Government for misconduct involving moral turpitude and five years have not elapsed from the date of such dismissal; or(e)he has been adjudged by a competent court to be of unsound mind; or(f)he is an undischarged insolvent; or(g)he being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or(h)(i)he has been convicted by a court -(A)of an offence involving moral turpitude punishable with imprisonment for a period of more than six months, or(B)of an offence under Chapter IXA of the Indian Penal Code, or(C)under section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952 and five years have not elapsed from the date of the expiration of the sentence; or(ii)he is disqualified for the purpose of elections to the State Legislature under the provisions of Chapter III of Part II of the Representation of the People Act, 1951; or(i)[ he has not attained the age of twenty-one years on the date fixed for the scrutiny of nominations for any election; or] [Clauses (i) to (m) inserted by W.B. Act 18 of 1994.](j)[ he has been convicted under section 9A at any time during the last ten years; or] [Clauses (i) to (m) inserted by W.B. Act 18 of 1994.](k)[ he has been convicted under section 189 at any time during the last ten years; or] [Clauses (i) to (m) inserted by W.B. Act 18 of 1994.](l)[ he has been surcharged or charged under section 192 at any time during the last ten years; or] [Clauses (i) to (m) inserted by W.B. Act 18 of 1994.](m)[ he has been removed under section 213 at any time during the period of last five years.] [Clauses (i) to (m) inserted by W.B. Act 18 of 1994.]
