CourtMesh

Section 55

The Daman and Diu Panchayat Regulation, 2012Union territory Regulations of Dadra and Nagar Haveli and Daman and Diu · 2012

(1) The District Panchayat shall consist of such number of seats to be filled from such number of wards, as the Administrator may, by order, determine.

(2) Subject to the provisions of sub-section (3), the territorial boundary for each ward shall be notified by the Administrator on the recommendations of the Election Commission.

(3) The seats in the District Panchayat shall be filled by persons chosen by direct election from the wards in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall so far as practicable be the same throughout the District Panchayat area.

- 18 - EXTRAORDINARY No. : 32 DATED : 17T" AUGUST, 2012.

2 of 1974.

(4) The following per9on4 shat) also be re emeci in the lliRnct Pstnr vR1, nsmrly -

(a) all the Sarpanchs of the Gram Panchayats;

(b) the Member of the Lok Sabha representing the constituency of the Union territory;

who shall also have a right to vote in the meetings (other than the meetings held for the election of President and Vice-President) of the District Panchayat.

(S) The provisions of sub -sections (S), (6),(7) and (8) ofaxtion 12 shall, so far as may be, apply to the District Panchayat as they apply to a Grain Panchayat subject to the modification that for the words "Gram Panchayat" wherever they occur in those provisions, the words "District Panchayat" shall be substituted.

S6. The District Panchayat shall, by the name notified in the Official Gazette under section 54 be a body corporate having perpetual succession and a common seal and subject to such restrictions and conditions imposed by or under this Regulation or any other law for the time being in force, have power to acquire , hold, administer and transfer property, both movable and immovable and enter into any contract and shall by the said name we or be sued.

57. Every member of the Gram Sabhas constituting the District Panchayat shall, unless disqualified under this Regulation or any other law for the time being in force be qualified,- Incorporation of District Panchayat.

Persons qualified to vote and be elected (1 to vote at an election to the District Panchayat;

(it) be elected to the District Panchayat.

S8. (1) No person shall be qualified to be elected to District Panchayat or continue as Ix!uualifcaiw such, if he-

(a) has arrears for more than one year of any tax, fee or any sum due to the Gram Pancbayat:

Provided that this disqualification shall be operative only if such arrears have been displayed on the public notice board of the Gram Panchayat not less than three months prior to the date of election or notification of such disqualification; or

(b) holds any salaried office or office of profit under a Gram Panchayat or the District Panchayat; or

(c) has directly or indirectly any share or monetary interest in any work done by Gram Panchayat or the District Panchayat or in any contract or employment with or under or by or on behalf of the District Panchayat or Gram Panchayat; or

(d) is a servant of the Government or any municipality or Panchayat; or

(e) has been dismissed from the service of the Government or Municipality or Panchayat for misconduct; or

(1) has been ordered to give security for good behaviour under section 109 or section 110 of the Code of Criminal Procedure, 1973; or

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

(h) has not attained the age of twenty-one years; or

(r) is of ureound mind and has been so declared by a competent cowl; or 0) has been declared by a competent court as an insolvent; or

(k) has been disqualified under any law relating to elections for the time being in force for adopting a corrupt practice or for commission of an election offence during the period of such disqualification; or - 19 - Decision on question as to disqualification.

EXTRAORDINARY No. : 32 DATED : 17T" AUGUST, 2012.

(I) subject to clause (h), is so disqualified by or under any iaw for the time being in force for the purposes of election to the House of the People; or

(m) is not a citizen of India.

(2) A person shall be disqualified for being a member of the District Panchayat if he is so disqualified under the Fifth Schedule:

Provided that a person representing the Union territory in the Lok Sabha shall be disqualified for being a Member of that House if he is so disqualified under the Tenth Schedule to the Constitution.

59. If any question arises as to whether a person has become subject to any disqualification referred to in section 4, section 7 , section 14 , section 15, section 57 and section 58, it shall be referred to the Administrator of the Union territory for decision and his decision thereon shall be final:

Provided that before giving any decision on any such question, the Administrator shall obtain the opinion of the Election Commission and act according to such opinion.

Oath of 60. (1) On the constitution of the District Panchayat for the first time under this office . Regulation or on its reconstitution, a meeting shall be called on a date fixed by the Administrator for taking oath of office by all the members in the form set out in the First Schedule before Secretary Panchayat.

(2) The officer appointed by the Administrator shall preside over at such meeting, but not have the right to vote.

(3) No member of the District Panchayat who has not taken such oath shall vote or take part in the proceedings of any meeting nor shall he be included as a member of any Committee Election of President and Vice- President.

constituted by the District Panchayat.

Where this provision sits

ActThe Daman and Diu Panchayat Regulation, 2012
Section55
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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