Section 6 in Jammu and Kashmir Panchayati Raj Act, 1989
6. Disqualifications for membership.
(1)A person shall be disqualified to be a member of Halqa Panchayat, if he -(a)is not a permannent resident of the State ; or(b)is in the employment of the Government or any local body ; or(c)is under twenty-five years of age ;or(d)is of unsound mind and stands so declared by a competent court ; or(e)has been adjudged insolvent by a competent court ; or(f)is a salaried servant of a Halqa Panchayat ;(g)is a Lamberdar or Village Chowkidar ; or(h)has been dismissed from the service of the Government, a local body or Halqa Panchayat ;(i)has been convicted of and sentenced for an offence (other than an offence of a political nature) punishable with imprisonment for not less than two years, unless a period of three years,or such less period as the Government may allow in any particular case, has elapsed since his release ; provided that this clause shall not apply to an offender who has been released under the provisions of section 562 of the Code of Criminal Procedure, Samvat 1989 or under the Jammu and Kashmir Probation of Offenders Act, 1966.(2)Subject to the provisions of sub- section (1), no person shall be qualified to be chosen as a member of Halqa Panchayat unless his name is included in the electoral roll of such Halqa Panchayat :Provided that any person aggrieved by an order under this section shall have a right of appeal to such authority as may be prescribed.(3)[ A person who becomes a member of a Halqa Panchayat on the basis of a false Scheduled Caste or Scheduled tribe certificate, shall be disquailified from the date on which it is found that he had become such member or office bearer on the basis of such false caste certificate and shall continue to be disqualified for further period of six years.] [Added by Act X of 2006 (s-2).]
