19. Qualifications for flection as a Panch or a member.
- Every person registered as a voter in the list of voters of a Panchayati Raj Institution shall be qualified for election as a Panch or, as the case may be, a member of such Panchayati Raj Institution unless such person -(a)is disqualified by a under any law for the time being in force for the purposes of election to the Legislature of the State of Rajasthan:Provided that no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years;(aa)[ is found guilty of a corrupt practice by order of a competent Court, consequent upon an election petition filed under and in accordance with the provisions if this Act or rules made thereunder.] [Inserted, by the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette, Extraordinary Part IV-A dated 3.5.2000 with effect from 27.12.1999.][Inserted by Section 2 of the Rajasthan Panchayati Raj (Amendment) Act, 1995 (Act No. 7 of 1995) published in Rajasthan Gazette, E.O., Part 1V-A dated 26.4.1995 as new Secs. 18-A and 18-B after Section 18 (w.e.f. 28.12.1994).](b)holds a salaried whole-time or part-time appointment under a local authority [a university or any corporation, body, Enterprises or Co-operative Society, which is either controlled wholly or partly financed by the State Government;] [Inserted by Clause (ii) of Section 20, the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette, Extraordinary Part IV-A dated 3.5.2000 with effect from 27.12.1999.](c)has been dismissed from State Government service for misconduct involving moral turpitude and has been declared to be disqualified for employment in the public service;(d)holds any salaried post or place of profit undce3r any Panchayati Raj Institution;(e)Has directly or indirectly by himself or by his partner, employer or employees, any share or interest in any contract with, by or on behalf of the Panchayati Raj Institution concerted whole owning such share or interest in any work done for;(f)[ is suffering from any bodily or mental defect or disease rendering him incapable for work; and] [Substituted by Rajasthan Act No. 22 of 2018, dated 1.10.2018.](g)[ has been convicted of an offence by a competent Court and sentenced to imprisonment for six months or more, such sentence not having been subsequently reversed or remitted or the offender pardoned;] [Substituted by the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette, Extraordinary Part IV0A dated 3.5.2000 with effect from 27.12.1999.](gg)[ is under trial in the competent Court which has taken cognizance of the offence and framed the charges against him of any offence punishable with imprisonment for five years of more;] [Inserted by the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette, Extraordinary part IV-A dated 2.5.200 with effect from 26.12.1999.](h)is for the time being ineligible for election under Section 38;(i)has not paid, for two months from the date of the presentation of the notice of demand therefor, the amount of any tax of fees imposed by the Panchayti Raj Institution concerned;(j)is employed as a legal practitioner on behalf of or against the Panchayati Raj Institution concerned;(k)has been convicted of an offence punishable under the Rajasthan Prevention of Mrityu Bhoj Act, 1960; [***][Deleted by the Rajasthn Panchayati Raj (Amendment) Act, 200 published in Rajasthan Gazette, Extraordinary Part IV-A dated 3.5.2000, with effect from 6.1.2000.](l)has more than two children; [***][Substituted, by the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette, Extraordinary Part IV-A dated 3.5.2000, with effect from 6.1.2000.](m)[ earlier having been a Chairperson/Deputy Chairperson of any Panchayati Raj Institution has not paid dues even after the expiry of a period of two months from the date of notice, for deposition the dues of the Panchayati Raj Institution, was duly served upon such Chairperson/Deputy Chairperson and his name is included in the list of such defaulters supplied by the State Government to the Collector (Panchayats) at least two months before the issue of notification for election to such Panchayati Raj Institution;][Inserted, the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette, Extraordinary Part IV-A dated 3.5.2000, with effect from 6.1.2000.](n)[ In the case of a seat reserved for Scheduled Castes of Scheduled Tribes or Backward classes of the State, is not a member of any of those castes of Tribes or Classed, as the case may be;(o)in the case a seat reserved for the women, is not a woman; and(p)in the case of seat reserved for women belonging to Scheduled Castes or Scheduled Tribes or Backward classes, is not a member of any of these castes or Tribes or classes, as the case may be, and is not a woman;](q)[ does not have a functional sanitary toilet in the house and any of his family members defecate in the open;] [Inserted by Act No. 7 of 2015, dated 1.4.2015.][Inserted by the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette Extraordinary Part IV-A dated 3.5.2000 with immediate effect.](r)[ in case of a member of a Zila Parishad or a Panchayat Samiti, has not passed secondary school examination of the Board of Secondary Education, Rajasthan or of an equivalent Board; [Inserted by Act No. 8 of 2015, dated 1.4.2015.](s)in case of a Sarpanch of a Panchayat in a Schedule Area, has not passed class V from a School; and(t)in case of Sarpanch of a Panchayat other than in a Scheduled Area, has not passed class VIII from a School; and]Provided that-(i)a person shall not by reason of his being a share-holder in or a member of any incorporated company or a co-operative society registered under the law for the time being in force in the State of Rajastan, be held to be interested in any contract entered between the company or co-operative society and the Panchayati Raj Institution;(ia)[ for the purpose of Clause (aa), a person shall be deemed to be disqualified for a period of six year from the date of order referred to in clause (aa);] [Inserted by the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette Extraordinary Part IV-A dated 3.5.2000 with effect from 27.12.1999.](ii)[ for the purpose of Clauses (c), (g) and (k) any person shall become eligible for election after a lapse of six years from the date of his dismissal or the date of conviction, as the case may be;] [Substituted, by Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette Extraordinary Part IV-A dated 3.5.2000 with effect from 27.12.1999](iii)for the purpose of Clause (i), a person shall not be deemed to be disqualified if he has paid the amount of the tax or fee due from his before the date of fi8ling his nomination papers;(iv)[ for the purpose of clause (1),- [Substituted by Rajasthan Act No. 22 of 2018, dated 1.10.2018.](a)the birth during the period from the date of commencement of this Act, hereinafter in this proviso referred to as the date of such commencement, to 27th November, 1995, of an additional child shall not be taken into consideration:(b)a person having more than two children (excluding the child if any, born during the period from the date of such commencement, to 27th November, 1995) shall not be disqualified under that clause for so long as the number of children he had on the date of commencement of this Act does not increase;(c)while counting the total number of children a child born from earlier delivery and having disability shall not be counted.Explanation. - The word "disability" shall include any type of disabilities specified in or under the Rights of Persons with Disabilities Act, 2016 (Central Act No. 49 of 2016).](v)[ for the purpose of Clause (m), a Chair person /Deputy Chairperson shall not be deemed to be disqualified if he pays the amount due form him before filing his nomination paper.] [Inserted by the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette Extraordinary Part IV-A Dated 3.5.2000 with effect 6.1.2000.]Explanation-I. - For the purpose of Clause (L) of Section 19, where the person has only one child from the earlier delivery or deliveries on the date of commencement of this Act and thereafter, any number of children born out of a single subsequent delivery shall be deemed to be one entity;[Explanation-II. - For the purpose of the clause (q) of this section -(i)"sanitary toilet" means a water sealed toilet system or setup surrounded by three walls, a door and a roof; and(ii)"family members" means spouse of such person, children and his parents living with such person.][Explanation-III. - (i) "Scheduled Area" means the Scheduled Area as referred to in clause (1) of article 244 of the Constitution of India; and(ii)the word "School" shall have the same meaning as assigned to it in clause (n) of Section 2 of the right of children to free and compulsory Education Act, 2009 (Central Act No. 35 of 2009).]
