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[Cites 0, Cited by 2] [Section 122] [Entire Act]

State of Himachal Pradesh - Subsection

Section 122(1) in The Himachal Pradesh Panchayati Raj Act, 1994

(1)A person shall be disqualified for being chosen as, and for being, an office bearer, of a Panchayat -
(a)if he is so disqualified by or under any law for the time being in force for the purposes of the election to the State Legislature:
Provided that no person shall be disqualified on the ground that he is less than 25 years, if he has attained the age of 21 years;
(b)if he has been convicted of any offence involving moral turpitude, unless a period of six years has elapsed since his conviction; or
(bb)if he has been found to have been guilty of any corrupt practices under section 180 of this Act; or
(c)if he or any of his family member(s) has encroached upon any land belonging to, or taken on lease or requisitioned by or on behalf of, the State Government, a Municipality, a Panchayat or a Co-operative Society unless a period of six years has elapsed since the date on which he or any of his family member, as the case may be, is ejected therefrom or ceases to be the encroacher.
Explanation. - For the purpose of this clause the expression "family member" shall mean the spouse, their son(s), unmarried daughter(s) and adopted son and unmarried daughter; or
(d)if he has been convicted of an electoral offence under Chapter X-A of this Act or under any law for the time being in force; or
(e)if he has been ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, 1973 (2 of 1974); or
(f)if he has been removed from public service or disqualified for appointment in public service, except on medical grounds; or
(g)if he is in the employment or service under any Panchayat or of any other local authority or Co-operative Society or the State Government or Central Government or any Public Sector Undertaking under the control of the Central or the State Government; or
[***] [Proviso omitted vide Act No. 9 of 2011, dated 22.1.2011.][Explanation. - For the purposes of this clause the expression "service" or "employment" shall include persons appointed, engaged or employed on whole time, part time, daily or contract basis but shall not include any person who is engaged on casual or seasonal works.] [Substituted by Act No. 9 of 2011, dated 22.1.2011.]
(h)if he is registered as a habitual offender under the Himachal Pradesh Habitual Offenders Act, 1969 (8 of 1970); or
(i)if, save as hereinafter provided, he has directly or indirectly any share or interest in any work done by an order of a Panchayat, or in any contractor employment with, or under, or by, or on behalf of, the Panchayat; or
(j)if he has not paid the arrears of any tax imposed by a Panchayat or had not paid the arrears of any kind due from him to the Sabha, Samiti or Zila Parishad Fund; or has retained any amount which forms part of the Sabha, Samiti or Zila Parishad Fund;
(k)if, he is a tenant or lessee holding a tenancy or lease under a Panchayat is in arrears of rent of lease or tenancy held under the Panchayat;
(l)if he has been convicted of an offence punishable under the Protection of Civil Rights Act, 1955 (22 of 1955), unless a period of six years has elapsed since his conviction;
(m)if he is so disqualified by or under any other law made by the State Legislature; and
(n)if he has made any false declaration as required under this Act of the rules made thereunder:
Provided that section 11 of the Himachal Pradesh Panchayati Raj (Amendment) Act, 2005 shall not have the effect on the office bearers of existing Panchayats.[***] [Clause (o) omitted vide Act No. 17 of 2005.]