Section 45 in The Orissa Panchayat Samiti Act, 1959
45. Disqualification for becoming a member and continuing as a member.
- [(1)] [Substituted vide Orissa Act No. 24 of 1961.] A person shall not be eligible to stand for election [under Sub-section (1) [* * *] [Substituted vide Orissa Act No. 18 of 1991 (O.G.E. No. 792 dated 4.7.1991).] of Section 16] if he-(a)[* * *] [Omitted vide Orissa Act No. 1 of 1966.](b)[ is not ordinarily residing within the Block; or] [Substituted vide Orissa Act No. 18 of 1991 (O.G.E. No. 792 dated 4.7.1991).](c)is of unsound mind; or(d)is an applicant to be adjudicated as an insolvent or is an undischarged insolvent; or(e)is a deaf-mute or is suffering from leprosy or tuberculosis; or(f)is convicted of an election offence under any law for the time being in force; or(g)is not a citizen of India; or(h)is convicted for an offence involving moral turpitude; or(i)holds any office of profit under the State or Central Government or any local authority; or(j)is a teacher in any school recognised under the provisions of the Orissa Education Code for the time being in force; or(k)holds the office of a Minister either in the Central or in the State Government ; or(k1)[ as a member of the House of the People or of the Council of States or of the State Legislature; or] [Inserted vide Orissa Act No. 1 of 1966.](l)has been dismissed from service of the State of Central Government or any Local Authority; or(m)[ has been in arrears of any dues payable by him to the Grama Panchayat; or] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 7.9.2001).](m1)[ being a member of any society registered under the Orissa Co-operative Societies Act, 1951 (Orissa Act 11 of 1952) has failed to pay any arrears of any kind accrued due by him to,such society for a continuous period of two years or more; or] [Inserted vide Orissa Act No. 1 of 1966.](n)is in the habit of encouraging litigation in the villages and has been declared to be so on enquiry by the prescribed authority in the prescribed manner; or(o)is interested in a subsisting contract made with or any work being done for the Samiti [or any Government] [Inserted vide Orissa Act No. 18 of 1991 (O.G.E. No. 792 dated 4.7.1991).] except as a share-holder other than a Director in a Company or except as may be prescribed; or(p)is a paid and retained legal practitioner on behalf of the Samiti; [or] [Substituted vide Orissa Act No. 7 of 1994 (O.G.E. No. 427 dated 18.4.1994).](q)[ is disqualified by or under any law for the time being in force for the purpose of election to the Legislature of the State; or (r) is disqualified by or under any law made by the Legislature of the State; [or] [Inserted vide Orissa Act No. 18 of 1991 (O.G.E. No. 792 dated 4.7.1991).]](s)[ is less than twenty-one years of age; or [Inserted vide Orissa Act No. 7 of 1994 (O.G.E. No. 427 dated 18.4.1994).](t)is not able to read and write Oriya; or(u)has more than one spouse living; or(v)has more than two children ]:Provided that the disqualification under Clause (h) or (i) may be, removed by the Government in the prescribed manner) :[Provided further that the disqualification under Clause (v) shall not apply to a person who has more than two children on the date of commencement of the Orissa Panchayat Samiti (Amendment) Act, 1994 or, as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year.] [Inserted vide Orissa Act No. 7 of 1994 (O.G.E. No. 427 dated 18.4.1994).](2)An elected member of a Samiti [including the Chairman and Vice-Chairman] [Inserted vide Orissa Act No. 13 of 1977.] shall cease to be a member if he-(i)[ is not ordinarily residing within the Block or ceases to so reside or is becomes subject to any of the other disqualifications specified in Sub-section (1); or] [Substituted vide Orissa Act No. 13 of 1977.](ii)[ has been continuously absent from the Block for more than six months without prior intimation in writing- [Substituted vide Orissa Act No. 13 of 1977.](a)in the case of a Chairman, to the Samiti;(b)in the case of any other member or Vice-Chairman to the Chairman; or](iii)[ has absented himself without permission from three consecutive ordinary meetings of the Samiti on passing a resolution by the Samiti to that effect in the manner hereinafter specified, namely; [Substituted vide Orissa Act No. 19 of 1986.](a)any member including the Chairman and Vice-Chairman desiring to absent himself from a meeting of the Samiti shall submit his written application to the Samiti through the Block Development Officer prior to the date of such meeting;(b)an application received after the date of the meeting and before the next meeting of the Samiti, may be accepted for consideration, if the Samiti is satisfied that there was sufficient reason for which the applicant failed to submit the application in time;(c)the Block Development Officer shall place the application in the immediately following meeting of the Samiti for consideration and the Samiti may grant or refuse permission:(d)where such refusal of permission shall result in absence from three consecutive meetings, the Samiti shall specify in the resolution whether the applicant shall cease to continue as a member, Chairman, or Vice-Chairman, as the case may be, of the Samiti;(e)any absence without an application required under Clause (a) or (b) shall be deemed to be an absence without permission.Explanation - The meetings which are adjourned without transacting any business shall not be reckoned as ordinary meetings of the Samiti.](iv)[ being a legal practitioner appears or acts as such against the Samiti.] [Inserted vide Orissa Act No. 24 of 1961.](3)Where a person ceases to be a member under Clause (f) of Subsection (1), he shall be restored to office for such portion of the term of office as may remain unexpired as the date of such restoration, if the sentence is reversed or quashed on appeal or revision or the offence if pardoned or the disqualification is removed by an order of the Government and any person filling the vacancy in the interim period shall, on such restoration, vacate the office.(4)[* * *] [Omitted vide Orissa Act No. 1 of 1968.](5)[* * *] [Omitted vide Orissa Act No. 1 of 1968.](6)[* * *] [Omitted vide Orissa Act No. 13 of 1977.]
