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[Cites 0, Cited by 1] [Section 8] [Entire Act]

State of Uttarakhand - Subsection

Section 8(1) in Uttarakhand Panchayati Raj Act, 2016

(1)A person shall be disqualified for being appointed, a Pradhan, Up-pradhan and member of a Gram Panchayat, if he -
(a)is so disqualified by or under any law for the time being in force for the purposes of elections to the State Legislature :
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;
(b)is a salaried servant of the Gram Panchayat ;
(c)holds any office of profit under a State Government or the Central Government or any local authority, other than a Gram Panchayat or owned or controlled by any State Government or Central Government or any Board, bodies or corporation owned or controlled by any State Government or Central Government in which Aaganbadi workers Assistant, Secretary of Cooperative Committee and salary paid employees and working employees on honorarium under the State and Central sponsored schemes shall be included;
(d)has been dismissed from the service of a State Government, the Central Government or a local authority or other Panchayat for misconduct;
(e)is in arrears of any tax, fee, duty or any other dues payable by him for such period as may be prescribed, or has, inspite of being required to do so failed to deliver to it any record or property belonging to it which had come into his possession by virtue of his holding any office under it;
(f)is member of any Nagar Nikay;
(g)is an undischarged insolvent;
(h)has been convicted of an offence involving moral turpitude;
(i)has been sentenced to imprisonment for a term exceeding three months for contravention of any order made under the Essential Commodities Act, 1955;
(j)has been sentenced to imprisonment for a term exceeding six months or to transportation for contravention of any order made under the Essential Supplies (Temporary Powers) Act, 1946;
(k)has been sentenced to imprisonment for a term exceeding three months under the U.P. Excise Act, 1910 (as applicable to the State of Uttarakhand);
(l)has been convicted of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985;
(m)has been convicted of an election offence;
(n)has been convicted of an election offence under the U. P, Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955 (as applicable to the State of Uttarakhand);
(o)has been removed from office under section 138 unless such period, as has been provided in that behalf in the said section or such lesser period as the State Government may have ordered in a particular case has elapsed :
Provided that the disqualification under clause (e) shall cease upon payment of arrears or delivery of the record or property, as the case may be:Provided further that a disqualification under any of the clauses referred to in the first proviso in the manner prescribed be removed by the State Government.
(p)In place of women Pradhan, Up Pradhan and Member, if her husband or other family members or relative preside the meetings and discharged the duties of Gram Sabha, Gram Panchayat and declared faulty then said women and concerning person presiding meetings and discharging the duties, both shall be disqualified for forthcoming general election of three tiers of Panchayat.
(q)[ He has not passed High School or equivalent examination from any recognised institution/ Board: [Inserted by Uttarakhand Act No. 10 of 2019.]
Provided that in the matter of candidate of General Category women and Scheduled Caste/Scheduled Tribes candidate has not passed minimum Middle/Eight examination;
(r)He has more than two living children.
(s)He has unauthorised possession on any Governmental/Panchayati Raj Department land.
(t)He has embezzled Government money or recovery of government money is against him or is owed of government money.
(u)He comes under the provisions of Section 8, Section 8-A, Section 9, Section 9-A and Section 10 of the Representation of the People Act, 1951.]