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Section 10

The Andaman and Nicobar Island (Tribal Councils) Retaliation, 2009.Regulations · 2009

( 1 ) The Village Council shall place before the Village General Body at its meeting Transaction in April or May - of bus~ness at g ~ n c m l

(a) the annual statement of accounts; rneetit~gs '(b) the report of the administration of the preceding financial year;'

(c) the developlnent and other programmes of work proposed for that financial year; and (4 the previous audit notes and replies made thereto.

(2) It shall be open to thevillage General Body to discuss any or all the matters placed before it under sub-section ( I ) and the Village Council shall consider the suggestions, if any, so made by [he Village Gerleral Body.

( 3 ) A Village General Body shall carry out such other functions as the Administrator may, by a general or special order, require.

CHAPTER I11 VILLAGE COIJNCII,

11. ( I ) As soon as may be after the constitutio~~ of Village General Body under Cotlsiitution section 3 , every such Village General Body shall elect from amongst themselves the of Village First Captain and the members of the Village Council through direct elections. Council.

( 2 ) AVillage Council shall consist ofsuch number of seats, including the First Captain, not being less than five and more than nine, as the Deputy Commissioner may determine.

( 3 ) The ratio between the population ofthe territorial area of a Village Council and the number of seats in that Council to be filled by election shall, as far as practicable, be the same throughout the District.

(4) Not less than onc-third of thc total numbcr of scats in a Village Council shall be reserved for women.

( 5 ) Not less than one-third of the total number of offices of the First Captain shall be reserved for women.

(6) The number of seats to be reserved under sub-sections ( 4 ) and ( 5 ) shall be determined by the Administrator, by an Order published in the Off~cial Gazette:

Provided that the offices reserved under sub-section ( 5 ) shall be allotted by the Election Cominission by rotation to different Village Councils and different constituencies in a Village Council in such manner as may be prescribed.

12. ( I ) Every member of aVillage General Rody shall, unless disqualified under proviso Persons to section 4 or any other law for the time being in force, be qualified to vote at an election to competent to the Village Council or at a meeting ofthe Village General Body. vote a ~ i d be elected.

( 2 ) Every member of a Village General Body shall, unless disqualified under proviso to section 4 or under any other law, for the time being in force, be qualified to be elected to fill up a seat in the Village Council as a member or as its First Captain or as both:

Provided that where a person is elected to both the offices of a member as well as the office ot the First Captam, he shall resign e~iher of'the two ottices w~thln a period of fourteen days frotn the date of the publication of the result in the Official Gazette, failing which his seat in the Village Council shall become vacant.

I 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART IT- I ~isqualifrca6ons. 13. A person shall be disqualified for being chosen as, and for being, a member of a Village Council or its First Captain if he -

(a) has failed to pay any tax, fee or other sum due to the Village General Body within three months from the date on or before which such tax, fee or other sum is required to be paid;

(b) holds any salaried office or office of profit under the Village General Body or Village Council;

(c) has directly or indirectly any share or monetary interest in any work done by or to the Village Cpuncil or in any contract or employment with or under or by or on behalfof, the Village General Body or Village Council;

(4 is a servant of the Government or of any Municipality, Panchayati Raj 1: Institution or Tribal Council;

(e) has been dismissed from the service of the Government or Municipality or Panchayati Kaj Institution or Tribal Council for misconduct;

I! Cf) has not attained the age of twenty-one years;

(g) has been ordered to give security for good behaviour under section 109 or section 1 10 of the Code of Criminal Procedure, 1973; 2 01' 1974.

t I (h) has been convicted by a criminal court of any offence involving violence or f moral turpitude and sentenced to imprisonment for not less than three months and i five years have not elapsed since his release;

t (i) is without permission of the Village Council, absent from three o f its i consecutive meetings; j I (j) is of an unsound mind and has been so declared by a competent court;

(k ) has been declared by a competent court to be insolvent;

(I) has been disqualified under any law for the time being in force by a competent court for adopting a corrupt practice or for commission of an election offence at an election during the periodof such disqualification; or

(m) is subject to clause (n, so disqualified by or under any law for the time being in force for the purpose of elections to the House of the People.

I I i : Decision on 14. If any question arises as to whether a person has become subject to any I i ! !

questions as disqualification referred to in section 4, section 7 or section 13, it shall be referred to the 1 i to disqualification. Deputy Commissioner who shall record his decision after giving such person a reasonable opportunity to the said person of being heard:

I

Provided that before recording any decision on any such question, the Deputy t Commissioner shall obtain the opinion ofthe Election Commission and shall act in accordance I with such opinion.

1 11 Election of - d

Where this provision sits

ActThe Andaman and Nicobar Island (Tribal Councils) Retaliation, 2009.
Section10
StatusIn force as published by the source

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