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[Cites 0, Cited by 2] [Section 19] [Entire Act]

State of Andhra Pradesh - Subsection

Section 19(2) in Andhra Pradesh Panchayat Raj Act, 1994

(2)A person shall be disqualified for being chosen as a member if on the date fixed for scrutiny of nominations for election, or on the date of nomination under sub-Section (2) of Section 16 he is -
(a)of unsound mind and stands so declared by a competent court;
(b)a deaf-mute [* * *] [Omitted by Section 6 of Act No. 22 of 2002.];
(c)an applicant to be adjudicated an insolvent or an undischarged insolvent;
(d)interested in a subsisting contract made with, or any work being done for, the Gram Panchayat, [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.], [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] 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 shareholder 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] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.], [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.], the State or Central Government has not performed its part of the contractual obligation.
(dd)[ already a member of a Nagar Panchayat or a Municipality constituted under the Andhra Pradesh Municipalities Act, 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 Andhra Pradesh;] [Inserted by Act No. 22 of 2006, dated 19.4.2006.]
(e)employed as paid legal practitioner on behalf of the Gram Panchayat or as legal practitioner against the Gram Panchayat;
(f)employed as a [***] [Omitted by Section 5 of Act No. 5 of 1995.] 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 upto 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.