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State of Andhra Pradesh - Section

Section 18 in Andhra Pradesh Panchayat Raj Act, 1994

18. Disqualification of certain office holders etc.

(1)No village servant and no officer or servant of the Government of India or any State Government or of a local authority or an employee of any institution receiving aid from the funds of the Government and no office bearer of any body constituted under a law made by the Legislature of the State or of Parliament shall be qualified for being chosen as or for being a member of a Gram Panchayat.Explanation. - For the purpose of this Section, the expression "village servant" means in relation to-
(i)the Andhra Area, any person who holds any of the village offices of neeraganti, neeradi, vetti, kawalkar toti, talayar, tandalagar, sathsindi or any such village office by whatever designation it may be locally known;
(ii)the Telangana Area, any person who holds any of the village offices of neeradi, kawalkar, sathsindhi or any such village office by whatever designation it may be locally known.
(2)A person who having held an office under the Government of India or under the Government of any State or under any local authority has been dismissed for corruption or for disloyalty to the State or to the local authority shall be disqualified for a period of five years from the date of such dismissal.
(3)For the purpose of sub-Section (2), a certificate issued by the Andhra Pradesh Election Commissioner for Local Bodies to the effect that a person having held office under the Government of India or under the Government of State or under any local authority has or has not been dismissed for corruption or for disloyalty to the State or to the local authority shall be conclusive proof of that fact:Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State or to the local authority shall be issued unless an opportunity of being heard has been given to the said person.
(4)[ ***] [Omitted by Section 2(1) of Act No. 37 of 2001.]
(5)Apart from the disqualifications specified in sub-Sections [(1) and (2)] [Substituted by Section 2(2) of Act No. 37 of 2001.] of this Section and Sections 19 and 20, a person shall be disqualified for being chosen as, and for being, a member of a Gram Panchayat if he is otherwise disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State:Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years:Provided further that where a person is convicted for an offence specified under sub-Section (1) or sub-Section (2) of Section 8 of the Representation of People Act, 1951 (Central Act 43 of 1951) or under Section 19 of this Act, while he is a member or office bearer of a Gram Panchayat, [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] or [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.], the disqualification arising out of such conviction shall not take effect until the expiry of the time for filing an appeal against such conviction and where an appeal is filed until the disposal of the appeal:Provided also that a person convicted for an offence under sub-Section (1) of Section 8 of the Representation of People Act, 1951 (Central Act 43 of 1951) shall be disqualified for being chosen as or for continuing as a member of a Gram Panchayat, [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] or a [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] for a period of six years from the date of conviction and a person convicted under sub-Section (2) thereof shall be disqualified for a period of six years from the date of conviction and for a further period of five years from the date of release.