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[Cites 0, Cited by 11] [Section 175] [Entire Act]

State of Haryana - Subsection

Section 175(1) in Haryana Panchayati Raj Act, 1994

(1)No person shall be a Sarpanch, [-] [Omitted the word 'Up-Sarpanch' vide Haryana Act No. 10 of 1999.] or a Panch of a Gram Panchayat or a member of a Panchayat Samiti or Zila Parishad or continue as such who -
(a)has, whether before or after the commencement of this Act, been convicted-
(i)of an offence under the Protection of Civil Rights Act, 1955 (Act 22 of 1955), unless a period of five years, or such lesser period as the 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 five years, or such lesser period as the Government may allow in any particular case, has elapsed since his release; or
(b)has been adjudged by a competent court to be of unsound mind; or
(c)has been adjudicated an insolvent and has not obtained his discharge; or
(d)has been removed from any office held by him in a Gram Panchayat, Panchayat Samiti or Zila Parishad under any provision of this Act or in a Gram Panchayat, Panchayat Samiti or Zila Parishad before the commencement of this Act under the Punjab Gram Panchayat Act, 1952 and Punjab Panchayat Samiti Act, 1961, and a period of five years has not elapsed from the date of such removal, unless he has, by an order of the Government notified in the Official Gazette been relieved from the disqualifications arising on account of such removal from office; or
(e)has been disqualified from holding office under any provision of this Act and the period for which he was so disqualified has not elapsed; or
(f)holds any salaried office or office of profit in any Gram Panchayat, Panchayat Samiti or Zila Parishad;
(g)has directly or indirectly, by himself or his partner any share or interest in any work done by order of the Gram Panchayat, Panchayat Samiti or Zila Parishad;
(h)has directly or indirectly, by himself or, his partner share or interest in any transaction of money advanced or borrowed from any officer or servant of any Gram Panchayat; or
(i)fails to pay arrears of any kind due by him to the Gram Panchayat, Panchayat Samiti or Zila Parishad or any Gram Panchayat, Panchayat Samiti or Zila Parishad subordinate thereto or any sum recoverable from him in accordance with the Chapters and Provisions of this Act, within three months after a special notice in accordance with the rules made in this behalf has been served upon him;
(j)is servant of Government or a servant of any Local Authority; or
(k)has voluntarily acquired the citizenship of a Foreign State or is under any acknowledgement of allegiance or adherence to a Foreign State ; or
(l)is disqualified under any other provision of this Act and the period for which he was so disqualified has not elapsed ; or
(m)is a tenant or lessee holding a lease under the Gram Panchayat, Panchayat Samiti or Zila Parishad or is in arrears of rent of any lease or tenancy held under the Gram Panchayat, Panchayat Samiti or Zila Parishad ; or
(n)is or has been during the period of one year preceding the date of election, in unauthorised possession of land or other immovable property belonging to the Gram Panchayat, Panchayat Samiti or Zila Parishad ; or
(o)[ being a Sarpanch, or Panch or a member of Panchayat Samiti or a Zila Parishad has cash in hand in excess of that permitted under the rules and does not deposit the same along with interest at the rate of twenty-one per centum in pursuance of a general or special order of the prescribed authority within the time specified by it ; or] [Substituted vide Haryana Act No. 10 of 1999.]
(p)being a Sarpanch, [-] [Omitted the word 'Up-Sarpanch' vide Haryana Act No. 10 of 1999.] or Panch or a Chairman, Vice- Chairman or Member, President or Vice-President or Member of Panchayat Samiti or Zila Parishad has in his custody prescribed records and registers and other property belonging to, or vested in, Gram Panchayat, Panchayat Samiti or Zila Parishad and does not hand over the same in pursuance of general or special order of the prescribed authority within the time specified in the order.
(q)has more than two living children ;
Provided that a person having more than two children on or upto the expiry of one year of the commencement of this Act, shall not be deemed to be disqualified.
(r)[ admits the claim against Gram Panchayat without proper authorisation in this regar : [Inserted vide Haryana Act No. 10 of 1999.]
Provided that such disqualification shall be for a period of six years; andExplanation 1 - A person shall not be disqualified under clause (g) for membership of a Gram Panchayat, Panchayat Samiti or Zila Parishad by reason only of such person, -
(a)having share in any joint stock company or a share or interest in any society registered under any law for the time being in force which shall contract with or be employed by or on behalf of Gram Panchayat, Panchayat Samiti or Zila Parishad ; or
(b)having a share or interest in any newspaper in which any advertisement relating to the affairs of a Gram Panchayat, Panchayat Samiti or Zila Parishad may be inserted ; or
(c)holding a debenture or being otherwise concerned in any loan raised by or on behalf of any Gram Panchayat, Panchayat Samiti or Zila Parishad; or
(d)being professionally engaged on behalf of any Gram Panchayat, Panchayat Samiti or Zila Parishad as a Legal Practitioner ; or
(e)having any share or interest in any lease of immovable property in which the amount of rent has been approved by the Gram Panchayat, Panchayat Samiti or Zila Parishad in its own case or in any sale or purchase of immovable property or in any agreement for such lease, sale or purchase ; or
(f)having a share or interest in the occasional sale to the Gram Panchayat, Panchayat Samiti or Zila Parishad of any article in which he regularly trades or in the purchase from the Gram Panchayat of any article, to a value in either case not exceeding in any year one thousand rupees.
Explanation 2. - For the purpose of clause (1) -
(i)a person shall not be deemed to be disqualified if he has paid the arrears or the sum referred to in clause (i) of this sub-section, prior to the day prescribed for the nomination of candidates ;
(ii)[]