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Section 109

Andaman and Nicobar Islands Panchayat Regulation 1994Union territory Regulations of Andaman and Nicobar Islands · 1994

(r) Every member of the Gram Sabhas constituting the Panchayat Samiti shall. unless disqualified under this Re8ulation ot any other law for the time being in force, be qualified to vote at an election to the Panchayat Samiti.

(:) Every rnember of the Gram Sabhas constituting the Pancbayat Samiti shall'unless disqualified under this Regulation or any other law for the time being in force. be qualified to be elected to rhe Panchayat Samiti.

110. No person shall be a member of a Panchayat Samiti or continue as such if he-

(a) has failed to pay any tax, fee or other sum due to the Gram Panchayat or Panchavat Samiti or Zilla Parishad withio three months from the date on or before yrhich such tar, fee or oltrer sum is rcquircd to be paid, or

(l) holds any salaried ofrce or place of profit under the Grem Sabha or Gram Panchayai or Panchayat Samiti or Pradesh Panchayat, or

(c) has directly or indirectly any share or l lonebry intetest in any $'ork done by or to the Panchayati Samiti or in any conkact or employment with or under or by or on behalf of the Panchayat Samiti or

(d) is a servant of the Govemment or any municipality, or

(e) has becn dismissed from service of tle Governtr€ot or a municipality for misconduct, or

(f) has been ordered to give security for good bebaviour under section 109, i i0 of the Code of Criminal Procedure' 1973, or

(e) has been convicted by a uiminal court of any offence involving violenceir moral turpitude and sentenced to imprisonmeui for not less than three months and a period ol five years have not elapsed since, his release after unilergoing such imPrisonment.

(i) has not attained the age of 21 years, or

(i) is of an unsound mind and has beea so declared by a competent Court.

or

(i) has been dedared by a competeft court to be an insolvent or has been disqublified und.er any law relating to elections for the time being in force by a competent court for adopting a corrup! practice or for commission of aa election offence for the period of such disqualification, or

(fr) subject to clause (&) is so disqualifed by or under any law for ths tins beihg in force for tle purposes of election of the Houss of the ?eople.

111, If any question arises whether a person has become subject to any disoualificetion referred to in section 4, section 7 or sectioa 110 it shall bs r€fened to ihe Chief Secetary for decision and his decision thsreon shall be final :

Proviclecl that before giving any decision on any such questioo the Chief Seerctary shall.obtain the opinion,of the Election Comraission and shall act according 10 such oplruon.

112" (r\ On the constitution of a Panchayat Samiti for the fiISt time uoder this Regulation or on the expiry of the term of a Panchayat Sarniti or on its reconstitution, a meetiog shaU be callod on a date fixed by the Deputy Commissioner for the election of the ltamukh and tho Uppramukh by and a from amongst the eteoted m€mbers of the Paochayat Samiti.

(a) The Deputy Commissioner shall preside at such meeting but not have the right to vote.

(3) No business othet than the elertioir of the Pramukh and Uppra- Petsons oualified to votc and be elected.

Disquali6- catroll.

Decisio! on ouesuo0s as ti disqualifcation.

Eleclion of Pramukh aod Up.

Pramukh.

mukh shall be tfansact€d at sucii meetio8.

SEc. 1l ,iHE GAZE*ffD OF INDIA EXTRAOBDINA}iV 25

(r) In case of equality of votes, the result of the electioo shall be decidcd by loii'drt*n in the ireseiice of thc Deputy Commissioner in such manner as he may determine.

- G) Subject to any general or special order ofthe Administrator, the Deputy Commissioner shall reserve-

(a) the oumber of offices of Pramukhs in the Panchayat Samitis for the Sctreitilea frio"s which shall bear, as nearly as may be. the samc proportion io tfr" i.i"f number of such ofices in thc Fanchayat Samitis as thl.n-onulqiioi of-ift" s"n"aoled Tribes in the area of the UnioD-telritory to which this Regulation applies bears to the tot:al population of such aiea ;

(6) not less than one-third of the total numbor of oflices of Paramukh is tbe Panchayat Samitis for womel :

Provided that the offices reserved under this sub-section shal be allotted b" tG "teciioo Commission by rotation !o differertt Patrchayat Samitis in such manner as mav be orescribed.

11.3. The executive powers of the Panchayat Samiti under. this Regulation aoC' tle risponsiuititv for the due fulfilment of thc duties imposed on the Pa[chayat l;i;i'.r;J* .hi Regulation and for carrving out the resolutions of thc Panchavat Samiti shall vest in the PramuktL lll. (r) The Panchayat Samiti unless sooner dissolved under any law for rhe timi -bcirrg in torce, shall cbntinue in office for five years from the date appointed for its first meeting and no Jonger.

(:) An election to constitute a Panchayat Saniti shall be completed:

(c) before the expiry of its duration specified in sub-section (r);

(b) before the expiration of a period of six months frorn the date of its dissolution:

Provided that wher6 the relnainder of the period foi which the dissolved pun"^no"ul Suniiii *ould have iontinued is less tiran six months, it shall not bd ;;6;t to hotd any election under this sub-sectiol! for consiituting th€ Panchayat Samiti :

(r) A Panchavrt Samiti constituted upon the dissolution.of a Panchayat SumitiU"foic ifr" "ip'iiation of its duration shail continue only lbr the remainder of ;h;';;i;e f;t nhicli the dissolved Panchayat Samitiwould have eontinued under iuuiectlon (r) had it not been so disscl"'ci'

115. {r) As soon as may be after the first meetinS-of the Pilnchayat Sanili .u** .J.u"i'tu"r"of shall take oath of office before tlr€ Deputy commissioner in rhe iorm set our in thc First Schedule'

(e) No member of the Pancbayat Samiti who bas npt-l+en such oath sball "ot" .iii.L" purt in the proceedings 6f any merting.nor shall hc be included as a member of any committee constitutcd by the Fancnayai Damrrr-

Where this provision sits

ActAndaman and Nicobar Islands Panchayat Regulation 1994
Section109
JurisdictionUnion territory of Andaman and Nicobar Islands
StatusIn force as published by the source

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