THE MEUBERS OF ABUNACHAL PHADESH URBAN LOCAL BODIES (DrsouALrFrcATloN oN GRoUND OF DEFECTTON) ACT, 2014.
(ACT NO. 5 0F 2014) (Received the assent ol the Governor on 27lh March,2014 and published in the Arunachal Pradesh E.O. Gazette No 77, Vol. XXI dated 2lst April, 2014) An Act to provide for disqualification of the members ol Urban Local Bodies in Arunachal Pradesh on Ground of Defection.
Be it enacted by the Legislative Assembly of Arunachal Pradesh in the Sixtyjifth Year of the Hepublic of lndia as follows :
1. (1) This Act may be called the Members of Arunachal Short title, Pradesh Urban Local Bodies (Disqualification on Extent and Ground ol Defection) AcI,2014. commence-
(2) lt shall apply to all Urban Local Bodies in the ment.
State of Arunachal Pradesh.
(3) lt shall come into force on the date notified in the official Gazette.
2. ln this Act, unless the context otheMise requires - Definition.
(i) "Member" means any elected person to any Urban Local Body ;
(ii) "Political Party" has the same meaning assigned to it in the Tenth Schedule to the Constitution lndia and the central Acts relating to Political Parties and Elections.
(iii) "Slate Election Commissioner" means the State Election Commissioner appointed under Section 104 of theArunachal Pradesh Panchayal RajAct,
1997.
(iv) "Urban Local Body" means a Nagar Panchayat or a Municipal Council or a Municipal Corporation, as the case may be.
(v) All other words not expressly delined herein shall have lhe same meanings assigned to them in the Central and Arunachal Pradesh Acts.
Disqualification 3 on the ground of defection.
Disqualfication on the ground of Defection not to apply in case of merger.
2
(1) Subject to the provisions of sections 4, a member of a Urban Local Body belonging to any political party shall be disqualified for being such a member-
(a) lf he has voluntarily given up his membership ot such political party : or
(b) ll he voles or absEins lrom voting or remains absent lrom any meeting meant lor voting in a Urban Local Body contrary to any direction issued by the political party to which he belongsor any person orauthority authorised by it in this behalt without obtaining the prior permission ol such parly, person or authority and such voting, abstenlion or absence has not been condoned by such political party, person or authority within lifteen days lrom the date of such votirE or such abstention or such absence :
Explanation -Fot the purposes ol this sub-section a person elected as a member, shall be deemed to belong to lhe political party, if any, by which he was set up as a candidate lor election as such member ;
(2) A person elected as a member to a Urban Local Body, otherwise than as a candidate set up by a political party, shall be disqualified from being a member if he joins any other political party after such election.
4. (1) A member shall not be disqualilied under sutssection
(1)of sec{ion 3, where his political party merges with another political party and he claims that he and any other members of his political party,-
(a) have become members of such other political party, or as the case may be, of a new political party formed by such merge : or
(b) have not accepted the merger and opted to function as a separate group, and from the time of such merger, such other politicalparty or new political party or group, as the case may be, shall be deemed to be the political party to 4 Powers lo make ru les.
Provided that if the Chief Secretary also functions as the State Election Commissioner the appeal shall be made to the lilinisterincharge of Urban Local Bodies in the State.
(2) The Chiel Secretary shall lollow a summary procedure of taking evidence and hearing the parties concerned in accordance with thisAct and other laws concerning dispensation of natural justice. The decision on the appeal shall be published in the official Gazette of the State.
7. The State Government may make rules for carrying out the purposes of this Act and every such rule shall be published in the Gazette and laid before the Legislative Assembly at the earliest opportunity which has the power to annul or modify the rules.
C.P Mansai Secretary to the Government of Arunachal Pradesh, Itanagar.