Section 7 in The West Bengal Panchayat Elections Act, 2003
7. Disqualifications for membership of Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad.
- A person shall not be qualified to be member of a Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad, as the case may be, if -(a)he is a member of a municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1 of the West Bengal Panchayat Act, 1973; or(b)he is in service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti or a Zilla Parishad or the Siliguri Mahakuma Parishad or the Council.Explanation. - For the purposes of this clause, 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 State 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 organization or association of persons as an employee or being in service of such undertaking or body or organization or association of persons out of funds provided or grants made or aid 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, -(i)in case of a Gram Panchayat, 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 or the Siliguri Mahakuma Parishad of the District or in the case of a Gram Panchayat in Darjeeling District or the Council: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 or the Siliguri Mahakuma Parishad or the Council; or(ii)in case of a Panchayat Samiti, 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 Panchayat Samiti or a Gram Panchayat within the Block concerned or the Zilla Parishad or the Siliguri Mahakuma Parishad or in the case of Panchayat Samiti in Darjeeling District or the Council:Provided that no person shall be deemed to be disqualified for being elected a member of a Panchayat Samiti by reason only of his having a share or interest in any public company as defined in the Companies Act, 1956 which contract with or is employed by the Panchayat Samiti or any such Gram Panchayat or Zilla Parishad or the Siliguri Mahakuma Parishad or the Council;(iii)in the case of Zilla Parishad, or the Siliguri Mahakuma Parishad, 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 Zilla Parishad, or the Siliguri Mahakuma Parishad, or a Gram Panchayat or a Panchayat Samiti within the district or in the case of Siliguri Mahakuma Parishad or the Council:Provided that no person shall be deemed to be disqualified for being elected a member of a Zilla Parishad, or the Siliguri Mahakuma Parishad 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 a Gram Panchayat or a Panchayat Samiti, within the district or the Zilla Parishad or the Siliguri Mahakuma Parishad or the Council; 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 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 a certificate from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or(h)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 been elapsed from the date of the expiration of the sentence; or(i)he is disqualified for the purpose of election to the State Legislature under the provisions of Chapter III of Part II of the Representation of the People Act, 1951; or(j)he has been convicted under section 189 of the West Bengal Panchayat Act, 1973, at any time during the last ten years; or(k)he has been surcharged or charged under section 192 of the West Bengal Panchayat Act, 1973, at any time during the last ten years; or(l)he has been removed under section 213 of the West Bengal Panchayat Act, 1973, at any time during the period of last five years; or(m)he has been convicted under section 9A of the West Bengal Panchayat Act, 1973.
