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Section 141

The West Bengal Panchayat Act, 1973State Act of West Bengal · Act 41 of 1973

(1) The members of a Zilla Parishad other than the ex officio members shall, subject to the provisions of section 145, hold office for a period of four years beginning from the date of its first meeting at which a quorum is present.

(2) The period of four years referred to in sub-section (1) shall be held to include any period which may elapse between the expiry of the said period and the date of the first meeting of the newly-formed Zilla Parishad after a fresh election at which a quorum is present:

Provided that if such first meeting of the newly-formed Zilla Parishad cannot be held within three months of the expiry of the said period of four years, the State Government may, by order, terminate the term of office of the members of the Zilla Parishad continuing in office under this sub-section and appoint any authority, person or persons to exercise and perform, subject to such conditions as may be specified in the order, the powers and functions of the Zilla Parishad under this Act or any other law for the time being in force until the date on which such first meeting of the newly-formed Zilla Parishad is held.

Disqualifica- 142. A person shall not be qualified to be a member of a Zilla tions of mem- Parishad, if— bers of Zilla Parishad. (a) he is a member of a Gram Panchayat, or a Nyaya Panchayat, or a Panchayat Samiti other than the Sabhapati, or of any municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1; or

(b) he is in the service of, or receives remuneration from, the Central Government or the State Government or a Gram Panchayat or a Panchayat Samiti or a Zilla Parishad; or

(c) he has, directly or indirectly by himself or by his partner or employer or an employee, any share or interest in any contract with, by or on behalf of, the Zilla Parishad or a Gram Panchayat or a Panchayat Samiti within the district:

Provided that no person shall be deemed to be disqualified for being elected a member of a Zilla Parishad by reason only of his having a share or interest in any public company as defined in the Copanies Act, 1956, which 1 of 1956.

contracts with or is employed by a Gram Panchayat, or a Panchayat Samiti within the district or the Zilla Parishad of the district; or 330 The West Bengal Panchayat Act, 1973.

XLI of 1973.]

(Part IV.—Zilla Parishad Chapter XIII.—Constitution of Zilla Parishad.—Section 143.)

45 of 1860.

West Ben.

Act X of

1952.

43 of 1951.

(d) he has been dismissed from the service of the Central or a State Government or a local authority or a co-operative society, or a Government Company or a corporation owned or controlled by the Central or the State Government for misconduct involving moral turpitude and five years have not elapsed from the date of such dismissal; or

(e) he has been adjudged by a competent court to be of unsound mind; or

(f) he is an undischarged insolvent; or

(g) he being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or

(h) he has been convicted by a court of an offence involving moral turpitude punishable with imprisonment for a period of more than six months or an offence under Chapter IXA of the Indian Penal Code or section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952, or Chapter III of Part VII of the Representation of the People Act, 1951 and five years have not elapsed: from the date of the expiration of the sentence.

Where this provision sits

ActThe West Bengal Panchayat Act, 1973
Section141
JurisdictionState of West Bengal
StatusIn force as published by the source

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