Section 9 in Gorkhaland Territorial Administration Act, 2011
9. Disqualification of member of Gorkhaland Territorial Administration Sabha.
(1)A person shall not be qualified for being elected to the Gorkhaland Territorial Administration Sabha if -(a)he is not a citizen of India; or(b)he is less than 18 years of age; or(c)he has been elected to any municipality, Zilla Parishad, Panchayat Samiti or Gram Panchayat within the region under this Act; or(d)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 a municipality; or(e)he has, directly or indirectly by himself or by his partner or employer or employee, any share or interest in any contract with, by or on behalf of the Gorkhaland Territorial Administration or a municipality or a Zilla Parishad or a Panchayat Samiti or a Gram Panchayat within the region; or(f)he has been dismissed from the service of the Central or the State Government or a local authority or a co-operative society or a Government company as defined in the Companies Act, 1956 (1 of 1956), or a Corporation owned or controlled by the Central or the State Government for misconduct involving moral turpitude and five years have not elapsed from the date of such dismissal; or(g)he has been adjudged by a competent Court to be of unsound mind; or(h)he is an undischarged insolvent; or(i)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(j)he has been convicted by a Court of an offence involving moral turpitude punishable with imprisonment for a period of more than six months or an offence under Chapter IX A of the Indian Penal Code, 1860 (45 of 1860) or section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952 (West Ben. Act X of 1952) or Chapter III of Part VII of the Representation of the People Act, 1951 (43 of 1951) and five years have not elapsed from the date of expiration of the sentence.(2)For the purposes of this section, a person shall not be deemed to hold an office of profit under the Gorkhaland Territorial Administration Sabha by reason only of his being a Member, Chief Executive, Deputy Chief Executive, Chairman and Deputy Chairman thereof.
